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TENDER DOCUMENT Interior

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The document outlines the requirements and process for submitting a tender for interior works at Dwarakanath Bhavan in Bangalore.

The project is for interior works at the 2nd floor of Dwarakanath Bhavan located at KR Road in Bangalore.

Bidders must submit a sealed tender including all required documents before 3 PM on January 16th. The EMD amount is Rs. 25,000.

CANBANK VENTURE CAPITAL FUND LTD.

(A WHOLLY OWNED SUBSIDIARY OF CANBANK VENTURE CAPITAL FUND LTD.)

TENDER DOCUMENT

FOR

“Interior works at 2nd floor, Dwarakanath Bhavan, K.R


Road, Bangalore-560004”
Tender No. – 01/2021

Issued by
CANBANK VENTURE CAPITAL FUND LTD.
6th Floor, Naveen Complex, No. 14, M. G. Road, Bengaluru- 560 001
Email: premises@canbank.vc Website: www.canbank.vc
INDEX
Contents Page
Notice Inviting Tender 3-3

General rules & Instruction to Tenderers 4-6

Tender Form 7-8

General Conditions of Contract 9-31

Special Conditions of Contract 32-41

Appendix 1 : Important terms 42-42

Appendix 2: Running Account Bill format 43-43

Appendix 3: Performance guarantee format 44-44

Appendix 4: Memorandum of payment 45-45

Appendix 5: Certificate of Payment 46-46

Appendix 6: Contract Agreement Format 47-47

Appendix 7: Rate analysis 48-48

Appendix 8: Safety code 49-52

Appendix 9: Model rules for Health & sanitation 53-57

Appendix 10: Indemnity Bond 58-58


Appendix 11 : Approved makes and materials 59-60

Bill of Quantities – Price Bid 61-70

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 2
SHORT TERM NOTICE INVITING TENDER (N.I.T)

CANBANK VENTURE CAPITAL FUND LTD., Bangalore invites Sealed tenders on item
rate basis from Interior furnishing contractors for the works mentioned below-

1. Name of the Work : Interior works at 2nd floor, Dwarakanath Bhavan,


K.R Road, Bangalore-560004
2. Location of Work : 2nd floor, Dwarakanath Bhavan, K.R Road,
Bangalore-560004.
3. EMD Amount (to be submitted : Rs.25,000/- by way of crossed Demand Draft of a
along with the tender) Scheduled Company drawn in favour of CANBANK
VENTURE CAPITAL FUND LTD., Bangalore,
payable at Bangalore. Cheques shall not be accepted
4. Time of Completion/ Project : 45 days from the Day of Acceptance of the Tender by
duration the Company
5. Contents of the Tender : (A) Notice Inviting Tender
(B) General Rules & Instructions to Tenderers
(C) Tender Form
(D) General Conditions of Contract
(E) Special Conditions of Contract
(F) Appendix 1 to Appendix 11
(G) Bill of Quantities
6. Date of Issue of Tender : From 08/01/2021 to 16/01/2021 during office hours
7. Date of Submission : Sealed envelopes to be submitted on or before
16/01/2021 up to 03:00 P.M to the office of
“CANBANK VENTURE CAPITAL FUND LTD.
6th Floor, Naveen Complex, No. 14, M. G. Road,
Bengaluru- 560 001”

8. Time & Date of Opening : Tenders will be opened on 16/01/2021 at 04:00 P.M

Senior Executive Vice President


Canbank Venture Capital Fund Ltd. Bangalore

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 3
GENERAL RULES & INSTRUCTIONS TO TENDERERS

1) The Tender document, duly filled and sealed, comprising of Notice Inviting Tender,
General Rules & Instructions to Tenderers, Tender Form, General Conditions of
Contract, Special Conditions of Contract, Appendix 1 to Appendix 11, Bill of
Quantities, Tender drawings should be submitted to the Senior Executive Vice
Presidentat the address given in the Notice Inviting Tender. The Tender document
should be sealed in an envelope superscribing “Interior works at 2nd floor,
Dwarakanath Bhavan, K.R Road, Bangalore-560004” and addressed to the Senior
Executive Vice President. The tenderer's name and address should also be put on the
envelope.
2) Last date for receipt of tenders: As stated in the Notice Inviting Tender.
3) The Tenderers are advised to inspect and examine the site and its surroundings and
satisfy themselves before submitting their tenders as to the nature of the site and
dimensions, the means of access to the site, availability of materials and obtain all
necessary information’s as to risks, contingencies and other circumstances which may
influence or affect their tender.
4) Tenderers should ensure that their tenders are submitted before the date and time
specified in Notice Inviting Tender.
5) Tenderers are requested to put their signature on each page of the tender documents as a
token of acceptance.
6) Contractors should fill in all the relevant blanks and put their signature in the relevant
places indicated in the documents.
7) It will be obligatory on the part of the Tenderer to tender and sign the tender documents
for all the component parts and that, after the work is awarded, he / they will have to
enter into an agreement for each component with the competent authority of the
Employer.
8) The contractors should quote the item rate and amount tendered by them in figures as
well as in words. The amount for each item should be worked out and the requisite
totals given. The rates quoted shall be all inclusive rates for the item of work
described, including materials and GST for raw materials, labour, tools & plant,
carriage & transport, supervision, overheads & profits, taxes , cess, fees , mobilizing
and other charges whatsoever including any anticipated or un-anticipated difficulties,
etc. complete for proper execution of the work as per drawings and specifications and
no claim whatsoever for any extra payment shall be maintainable.
9) Please refer Clause No: 7 of General Conditions of the contract for Goods and services
tax (GST).
10) When a contractor signs a tender in an Indian language the percentage above or
below and the tendered amount and the total amount tendered should also be written in
the same language. In the case of illiterate contractors the rates or the amounts tendered
should be attested by a witness.
11) The Schedule of Quantities should be filled as follows:
a. The “Rate’’ Column to be legibly filled in ink in both figures and words.
b. ‘Amount’ column to be filled for each item and the total amount for each trade to be
given.
c. All corrections to be authenticated with signature
d. Contractor’s signature to be put on each page of the Schedule of quantities and in the
“Abstract Sheet”.
SIGNATURE OF THE CONTRACTOR WITH SEAL
Page 4
e. The “Amount” column for alternative items for which the quantities are mentioned
should be filled up.
f. The “Rate” column for "Rate only" items should be filled up.
Special care should be taken to write the rates in figures as well as in words and the
amounts in figures only, in such a way that interpolation is not possible. The total
amount should be written both in figures and in words.
12) No alterations or additions are to be made by the Contractors to the tender document.
Violation of this instruction will attract rejection of the tender at the discretion of
Architect/Company.
13) Tender shall be quoted on prescribed Form only and quoting in any other form will be
rejected. All rates shall be quoted on the proper form of the tender alone. Quoted rates
and units different from prescribed in the tender schedule will be liable for rejection.
14) The total time allowed for carrying out of the work shall not exceed the period specified
in the Notice Inviting Tender counted from the day of Acceptance Letter and/ or written
orders to commence the work by the Company.
15) Earnest money accompanying the tender will be accepted only in the form of Crossed
Demand Draft on any of the nationalized Banks/ state bank drawn in favour of
“Canbank Venture Capital Fund Ltd.”, Bangalore payable at Bangalore & not in
favour of any other authority. Any tender, which is not accompanied by Earnest Money
Deposit in the form of DD, shall be summarily rejected.
16) The EMD of the contractor whose tender is accepted, shall be forfeited in full in
case he does not remit the Initial Security Deposit within the stipulated period or
start the work by the stipulated date mentioned in the award letter. The successful
tenderer to whom the contract is awarded will have to deposit as initial security
deposit a further sum to make up 2% of the value of accepted tender including the
Earnest Money as detailed in General Conditions of the Contract.
17) The Sealed Envelopes shall be opened at the specified time in the presence of the
tenderer's accredited representatives if they desire to attend.
18) The tender for the work shall not be witnessed by a contractor or contractors who
himself / themselves has / have tendered or who may and had/have tendered for the
same work. Failure to observe this condition would render tenders of the contractors
tendering as well as witnessing the tender liable to summary rejection.
19) The Contractor is required to check the numbers of the pages and should any be found
missing or in duplicate, or the figure or writing indistinct, he must inform the Architect/
Company at once and have the same rectified. Should the Contractor be in doubt about
the precise meaning of any item or any provision or if he wants any clarification, he
must inform the Architect/Company in writing at least one week before the scheduled
date of opening. No claim will be allowed in respect of errors in the Contractors tender
due to any mistake in the Schedule of Quantities, which should have been but was not
rectified in the manner described above.
20) The articles of Agreement should not be filled. This will be done at the time the
contract is awarded, in the case of the successful tenderer only.
21) Rate in words will be taken in precedence over rate in figures. If the amount of an item
does not tally with the rate quoted in words, the rate shall be taken as correct.
Contractors are forewarned that no errors whatsoever arithmetical or otherwise will be
permitted in their tenders. Tenders containing many errors are liable to be considered as
Non-bonafide at the discretion of Architects/ Company.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 5
22) Validity of tender -Tenderers should note that their tenders should remain open for
consideration for a minimum period of 90 days from the date of the opening of tenders.
EMD of unsuccessful tenderers will be refunded without any interest.
23) If any tenderer withdraws his tender before the said period or makes any
modifications in the terms and conditions of the tender which are not acceptable to the
Employer, then the Employer shall, without prejudice to any other right or remedy, be
at liberty to forfeit full value of the earnest money as aforesaid.
24) A tenderer shall be deemed to have full knowledge of the site whether he inspects it or
not and no extra charges consequent on any misunderstanding or otherwise shall be
allowed. Submission of a tender by a Tenderer implies that he has read this notice
and all other Tender/contract documents and has made himself aware of the scope
and specifications of the work to be done and local conditions and other factors
bearing on the execution of the work.
25) All the parts of this tender documents i.e., Notice Inviting Tender, General Rules &
Instructions to Tenderers, Tender Form, General Conditions of Contract, Special
Conditions of Contract, Appendix 1 to Appendix 11, Bill of Quantities, Tender
drawings shall form a part of the contract document.
26) The Tenderer shall agree that until a formal agreement on stamp paper is prepared and
signed, this tender shall constitute a binding contract between the supplier and the
Employer.
27) On acceptance of the tender, the name of the accredited representative(s) of the
contractor who would be responsible for taking instructions from the Employer shall
be communicated to the Employer.
28) The Company reserves the right to accept any tender or accept tenders in part or
to reject any or all tenders without assigning any reasons thereof and will not be
liable to offer any explanation whatsoever.
29) Canvassing in connection with tenders is strictly prohibited and the tenders submitted
by the contractors who resort to canvassing will be liable for rejection.
30) Contractors are requested to note that non-compliance of the above instructions is liable
to render their Tender non-bonafide.

Senior Executive Vice President,


Canbank Venture Capital Fund Ltd.,
Bangalore

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 6
TENDER FORM

The Managing Director,


Canbank Venture Capital Fund Ltd.,
6th Floor, Naveen Complex,
No. 14, M. G. Road,
Bengaluru- 560 001

Name of work: ‘Interior works at 2nd floor, Dwarakanath Bhavan, K.R Road, Bangalore-
560004”

Dear Sir,

I/We have read and examined the Notice Inviting Tender, General Rules & Instructions to
Tenderers, Tender Form, General Conditions of Contract, Special Conditions of Contract,
Appendix 1 to Appendix 11, Bill of Quantities, Tender drawings and all other contents
referred to in this Tender Document for the work.

I/We hereby tender for the execution of the work specified for the CANBANK VENTURE
CAPITAL FUND LTD. within the time specified at the rates specified in the attached
Schedule of quantities viz., Bill of Quantities and in all respects in accordance with in all
respects with the specifications so far as applicable.

I/We agree to keep the tender open for ninety (90) days from the due date of submission
thereof and not to make any modifications in its terms and conditions.

A sum of Rs...............is hereby forwarded as earnest money in form of Demand Draft


of . ................... (Name of the issuing Schedule Company) bearing no . .......... and date . ........
thereof and not to make any modifications in its terms and conditions.

In the event of my / our failure to commence the work on the specified date after award I/We
agree that the Company shall without prejudice to any other right or remedy, be at liberty to
forfeit the said earnest money absolutely otherwise the said earnest money shall be retained
by it towards security deposit to execute all the works referred to in the tender documents
upon the terms and conditions contained or referred to therein and to carry out such
deviations as may be ordered.

I/We agree that should I/We fail to deposit the full amount of initial security deposit and/or
fail to commence the work specified in the above memorandum, an amount equal to the
amount of the earnest money mentioned in the form of invitation of tender shall be
absolutely forfeited to the Employer and the same may at the option of the Employer be
recovered without prejudice to any other right or remedy available in law, out of the deposit
in so far as the same may extend in terms of the said bond and in the event of deficiency out
of any other money due to me/us under this contract or otherwise.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 7
I/We hereby declare that I/We treat the tender documents, drawings and other records
connected with the work as secret/confidential documents and shall not communicate
information/derived there from to any persons other than a person to whom I/We am /are
authorised to communicate the same or use the information in any manner prejudiced to the
safety of the State / the Employer.

I/We fully understand that you are not bound to accept the lowest or any tender you may
receive. Shri. ________________________, Partner / Proprietor / Authorised representative
of the Company, is the person authorised to negotiate commercial, technical terms &
conditions &sign on behalf of the firm any Agreement, Bills & receipts for this work.

I/We agree that until a formal agreement on stamp paper is prepared and signed, this tender
with your written acceptance thereof shall constitute a binding contract between us.

Dated / /2021

Signature of Contractor
Witness, Name & address:
Full Postal Address including
Pin Code No. & Telephone No.
1).

2).

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 8
GENERAL CONDITIONS OF CONTRACT

1. INTERPRETATION

In construing these conditions, the specifications, the schedule of quantities, tender and
Agreement, the following words shall have the meaning herein assigned to them except
where the subject or context otherwise requires.

i) Employer or Company: The term "Employer" or "Company" shall denote


Canbank Venture Capital Fund Ltd. with their registered Office at Bangalore
represented by Managing Director, Canbank Venture Capital Fund Ltd. Bangalore and
any of its employees or representative authorized on their behalf.

ii) Architects: "Architect” shall mean Architect/ Architectural Consultant appointed


by the Company for the Project. or in the event of his/their ceasing to be the Architects
for the purpose of this contract such other person/s the Employer shall nominate for the
purpose.

iii) Site Engineer: The term “Site Engineer" shall mean authorised Engineer
appointed by Architect or Company for day-to-day supervision of works at site as per
tender terms.

iv) Contractors: The term "Contractor"," Bidder" or "Tenderer" shall mean


____________________________________________ (Name and address of
Contractor) and his/their heirs, legal representatives, assigns and successors.

v) Site: The "site" shall mean the site located as mentioned in the Notice inviting Tender,
where the renovation works are to be carried out as per Scope of Work.

vi) Drawings: "Drawings" means the drawings referred to in the Specification and
any modification of such drawings approved in writing by the Engineer and such other
drawings as may from time to time be furnished or approved in writing by the
Engineer. The work is to be carried out in accordance with drawings, specifications, the
schedule of quantities and any further drawings, which may be given by the Company’s
Engineer / Architect during the execution of the work.

All drawings relating to work given to the contractor together with copy of schedule of
quantities are to be kept at site and the Company’s Engineer / Architect shall be given
access to such drawings or schedule of quantities whenever necessary.

In case any detailed Working/Fabrication/Shop Drawings are necessary, contractor


shall prepare such detailed drawings and/or dimensioned sketches thereof and have it
confirmed by the Company’s Engineer / Architect prior to taking up such work.

The contractor shall ask in writing for all clarifications on matters occurring anywhere
in drawings, specifications and schedule of quantities or to additional instructions at
least 10 days ahead from the time when it is required for implementations so that the
Employer may be able to give decision thereon.
SIGNATURE OF THE CONTRACTOR WITH SEAL
Page 9
v) “The Works” shall mean the work or works to be executed or done under this contract
and shall include materials, apparatus, equipment, plant, fittings and other things for
incorporation in the works.

vi) "Contract " means the contract effected by the contractor's Tender and the Employer's
acceptance thereof comprising (in addition to the Tender and Acceptance) the priced
Schedule of Quantities and Schedules, Schedules of particulars (if any), Specifications
and Drawings, these General Conditions of Contract, Special Conditions contained in,
Appendices, Annexures or attached to any of the forgoing documents, any alterations
agreed in writing between the parties before the formal acceptance of the Tender, all
these documents taken together, shall be deemed to form one contract and shall be
complementary to one another.

vii) "Specification" means the specification annexed to or issued with these


conditions and includes Indian or British or other approved standard specifications
where required by the specification and where such a specification is not available, the
specification approved by the Architect and the Engineer.

viii) "Approved" means approved in writing including subsequent written


confirmation of previous verbal approval and "approval" means approval in writing
including as aforesaid.

ix) 'Market rate" means the rate as prevailing in the market and recommended by the
Architect and as approved by the Employer on the basis of cost of materials, labour,
plant etc inclusive of any tax, duty, octroi etc. at the time of execution of work.

x) “The Schedule of Quantities” or "Priced Schedule of Quantities" shall mean the


schedule (or bill) of quantities as specified and forming part of this contract.

xi) “Act of Insolvency” shall mean any act such as defined by the Presidency
Towns Insolvency Act or in Provincial Insolvency Act or any amending statutes.

2. SCOPE OF WORK: The scope of works consists of interior works at the building as per
tender terms, conditions and specifications at the site as mentioned in Notice Inviting
Tender.

Employer may in their absolute discretion issue further drawings and/or written
instruction, details, directions & explanations, which are, hereafter collectively referred to
as “The Employer’s instructions” in regard to:

a) The variation or modification of the design quality or quantity of works or the addition or
omission or substitution of any work.
b) Any discrepancy in the drawings or between the schedule of quantities and/or drawings
and/or specification.
c) The removal from the site of any defective material brought thereon by the contractor and
the substitution of any other material thereof.
d) The demolition removal and/or re-execution of any work executed by the contractor/s.
SIGNATURE OF THE CONTRACTOR WITH SEAL
Page 10
e) The dismissal from the work of any persons employed there upon.
f) The opening up for inspection of any work covered up.
g) The rectification and making good of any defects under clauses hereinafter mentioned
and those arising during the defect liability period.

The Contractor shall forthwith comply with and duly execute any work comprised in such
Employer’s/Architects’ instructions, provided always that verbal instructions, directions and
explanations given to the contractors or his representative upon the works by the
Employer/Architects shall if involves a variation, be confirmed in writing to the contractor/s
within seven days. No works, for which rates are not specifically mentioned in the priced
schedule of quantities, shall be taken up without written permission of the
Employer/Architects. Rates of items not mentioned in the priced schedule of quantities shall
be fixed by the employer in consultation with the Architects as provided in Clause
“variation”.

The contractor shall set up necessary field testing equipments for day to day testing of
materials .

Regarding all factory made products for which ISI marked products are available, only
products bearing ISI marking shall be used in the work.

3. TENDERER SHALL VISIT THE SITE

Intending tenderer shall visit the site and make himself thoroughly acquainted with the local
site condition, nature and requirements of the works, availability of specified materials in the
tender, facilities of transport condition, effective labour and materials, access and storage for
materials and removal of rubbish. The tenderer shall provide in their tender for cost of
carriage, freight and other charges as also for any special difficulties, including police
restriction for transport etc., for proper execution of work as indicated in the drawings. The
successful tenderer will not be entitled to any claim of compensation for difficulties faced or
losses incurred on account of any site condition which existed before the commencement of
the work or which in the opinion of the Employer/Architects might be deemed to have
reasonably been inferred to be so existing before commencement of work.

4. TENDERS

The entire set of tender paper issued to the tenderer should be submitted fully priced and also
signed at appropriate places as detailed in the Instructions to Tenderers.

No modifications, writings or corrections can be made in the tender papers by the tenderer,
but may at his option offer his comments or modifications in a separate sheet of paper
attached to the original tender papers.

The Employer reserves the right to reject the lowest or any tender and also to discharge any
or all of the tenders for each section or to split up and distribute any item of work to any
specialist firm or firms, without assigning any reason.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 11
The tenderers should note that the tender is strictly on the item rate basis and their attention is
drawn to the fact that the rates for each and every item should be correct, workable and self-
supporting. If called upon by the Employer/Architects detailed analysis of any or all the rates
shall be submitted. The Employer/Architects shall not be bound to recognize the contractor’s
analysis.

The works will be paid for as “measured work” on the basis of actual work done on item rate
basis and not as “lump sum” contract as per the rate quoted in the Schedule of quantities.

All items of work described in the schedule of quantities are to be deemed and paid as
complete works in all respects and details including preparatory and finishing works
involved, directly, related to and reasonably detectable from the drawings, specifications and
schedule of quantities and no further extra charges will be allowed in this connection. In the
case of lump-sum charges in the tender in respect of any item of works, the payment of such
items of work will be made for the actual work done on the basis of lump-sum rates as will
be assessed to be payable by the Employer/Architects.

The Employer has power to add /to omit any work, reduce the scope of the works as shown
in drawings or described in specifications or included in schedule of quantities and intimate
the same in writing. No claims are entertained/permissible due to such actions of the
Company, but no addition, omission or variation shall be made by the contractor without
authorization from the Employer. No variation shall vitiate the contract.

5. AGREEMENT

The successful contractor shall sign a Contract Agreement as per enclosed Appendix 6 shall
pay for all stamps and legal expenses, incidental thereto. The same to be duly filled in a non-
judicial stamp paper of Rs 200/- and submitted along with offer. The contractor shall
submit Indemnity Bond as per Appendix 10, Guarantee Certificates for specialized works in
stamp papers as per Company’s approved proformas. The same to be duly filled in a non-
judicial stamp paper of Rs 200/- and submitted along with offer.

6a. PERMITS AND LICENCES

Permits and Licenses for release of materials, which are under Government control, shall be
arranged by the contractor. The Employer may render necessary assistance, sign any forms or
applications that may be necessary but shall not be responsible for actual procurement or for
any delay in procurement.

It may be clearly understood that no compensation or additional charges can be claimed by


the contractor for non receipt of any controlled materials in due time on this account or
according to his own requirements.

The contractor shall at his own cost arrange for storage shed adequate for taking delivery and
storing of the quantity of controlled materials released by the authorities or supplied by the
Employer. The costs of storing, transporting, etc., of all materials including those under
Government control are to be included by the tenderer in his quoted rates.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 12
The Employer/Architects shall be indemnified against all Government or legal actions for
theft or misuse of controlled materials in the custody of the contractor.

6b. GOVERNMENT AND LOCAL RULES

The contractor shall confirm to the provisions of all local Bye-laws and Acts relating to the
work and to the Regulations etc., of the Government and Local Authorities and of any
company with whose system the structure is proposed to be connected. The contractor shall
give all notices required by said Act, Rules, Regulations and Bye-laws etc., and pay all fees
payable to such authority/authorities for execution of the work involved. The cost, if any,
shall be deemed to have been included in his quoted rates, taking into account all liabilities
for licenses, etc., and shall indemnify the Employer against such liabilities and shall defend
all actions arising from such claims or liabilities.

7. TAXES AND DUTIES

The tenderers must include in their tender prices quoted for all duties royalties, cess and sales
tax or any other taxes or local charges if applicable. Only Goods and Service tax is payable
extra as applicable to works contract as defined in Clause 119 of section 2 of CGST Act.
Any variations in the above shall not be paid. No extra claim on this account will in any case
be entertained. GST need not be included in their quoted amount.

8. PROVISIONAL SUMS (P S)

All provisional sums described in the schedule of quantities as P S shall be exclusively


allotted to the purchase of materials and not for any handling and fixing to be done by the
contractor. Such costs of handling and fixing with profit (including transport charges if
required) shall be separately included in the contract price as described in the schedule of
quantities. The disposal of the amounts covered under this head will be absolutely at the
discretion of the Employer. Contractor is to make payment for these materials to the
suppliers on certificate or order issued by the Employer/ Architects and realize them through
his bills from the Employer.

9. QUANTITY OF WORK TO BE EXECUTED

The quantities shown in the schedule of quantities are only approximate and are intended to
cover the entire new structure indicated in the drawings but the Employer reserves the right
to execute only a part or the whole or any excess thereof without assigning any reason
therefore.

10. OTHER PERSONS ENGAGED BY THE EMPLOYER

The Employer reserves the right to execute any part of the work included in this contract or
any work, which is not included in this contract by other Agency or persons, and contractor
shall allow all reasonable facilities and use of his scaffolding for the execution of such work.
The main contractor shall extend all cooperation in this regard.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 13
11. EARNEST MONEY, SECURITY DEPOSITS, RETENTION MONEY AND
DEFECTS LIABILITY PERIOD

A) Earnest Money Deposit: The tenderer will have to deposit the specified amount of earnest
money as detailed in the Notice Inviting Tender at the time of submission of tender. No
interest will be paid on the earnest money. The earnest money of unsuccessful tenderers will
be refunded without any interest soon after the decision to award the work is taken or after
the expiry of the validity period of the tender.

B) Initial Security Deposit: The successful tenderer whose tender is accepted shall be
required to furnish by way of Initial security a sum which shall be equal to 2% (two percent)
of the accepted value of the tender including the Earnest Money Deposit, within 14
(fourteen) days of the date of issue of the letter of acceptance of his tender, Demand Draft
payable to the Employer.

C) Total Security Deposit & Retention Money: A further sum of 8% (eight percent) of the
Gross value of each interim/ running account bill/ final bill shall be deducted as Retention
money to make up, together with the Initial Security Deposit, a total Security Deposit equal
to 5.0 % of the amount of the accepted value of the tender (Actual cost of the work) .
Retention money would be retained until the completion of Defects liability period and no
interest would be paid on retention money kept with the Company.
D) Repayment of Retention Money (Total Security Deposit):
The retention money amount will be refunded 14 days (fourteen) days after the end of
Defect Liability Period provided
i) Contractor should remove all their materials, equipments, labour force, temporary
sheds/ stores etc. from the site.
ii) Contractor should have completed all the necessary testing, complied with the
inspection remarks & its rectifications if any, submission of all the required
particulars, test certificates and such other particulars.
iii) Contractor has satisfactorily carried out all the works and attended to all defects in
accordance with conditions of the contract. No interest is allowed on retention
money. Alternatively, the above said security deposit shall be released after the
completion of work provided the contractor submits Company guarantee for the
amount for a period of defect liability period from any scheduled commercial
Company in the format acceptable to the Company.

E) DEFECTS LIABILITY PERIOD (DLP) –

The defects liability period (DLP) for the work executed as per the tender Bill of
quantities(BOQ) / items supplied shall be one year and shall commence from the date of
certification/ settlement of Final bill of the work/ from date mentioned in Work
Completion Certificate issued by the Employer, unless otherwise mentioned specifically
in the BOQ.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 14
12. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY

The contractor shall provide everything necessary for the proper execution of the work
according to the intent and meaning of the drawings, schedule of quantities and specifications
taken together whether the same may or may not be particularly shown or described therein
provided that the same can reasonably be inferred there from and if the contractor finds any
discrepancies therein he shall immediately and in writing, refer the same to the Employer/
Architects whose decision shall be final and binding. The contractor shall provide himself
for ground and fresh water for carrying out of the works at his own cost. The Employer shall
on no account be responsible for the expenses incurred by the contractor for hired ground or
fresh water obtained from elsewhere.

The rates quoted against individual items will be inclusive of everything necessary to
complete the said items of work within the contemplation of the contract, and beyond the
unit price no extra payment will be allowed for incidental or contingent work, labour and/or
materials inclusive of all taxes and duties whatsoever except for specific items, if any,
stipulated in the tender documents.

The contractor shall supply, fix and maintain at his own cost, for the execution of any work,
all tools, tackle, machineries and equipments and all the necessary centering, scaffolding,
staging, planking, timbering, strutting, shoring, pumping, fencing,

boarding, watching and lighting by night as well as by day required not only for the proper
execution and protection of the said work but also for the protection of the public and safety
of any adjacent roads, streets, walls, houses, building, all other erections, matters and things
and the contractor shall take down and remove any or all such centering, scaffolding,
planking, timbering, strutting, shorting etc., as occasion shall be required or when ordered so
to do, and shall fully reinstate and make good all matters and things disturbed during the
execution of works to the satisfaction of the Employer/ Architects.

The contractor shall at all times give access to workers employed by the Employer or any
men employed on the buildings and to provide such parties with proper sufficient and if
required, special scaffolding, hoists and ladders and provide them with water and lighting
and leave or make any holes, grooves etc., in any work, where directed by the employer as
may be required to enable such workmen to lay or fix pipes, electrical wiring, special fittings
etc. The quoted rates of the tenderers shall accordingly include all these above-mentioned
contingent works.

13. TIME OF COMPLETION, EXTENSION OF TIME & PROGRESS CHART

13.1 Time of completion: The entire work is to be completed in all respects within the
stipulated period stated in the Appendix-1. The work shall deemed to be commenced on
the seventh day from the date of work order or date of handing over of site, whichever
is later. Time is the essence of the contract and shall be strictly observed by the
contractor.

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13.2 Extension of Time: If in the opinion of the Employer/ Company the works were
delayed for reasons beyond control of the contractor, the Company may grant a fair and
reasonable extension of time for completion of the contract works.

Request for extension of time, to be eligible for consideration, shall be made by the
Contractor in writing within fourteen days of the happening of the event causing delay to
the Architect/ Company. The Contractor shall also, if practicable, indicate in such a
request the total period for which extension is desired, overlapping period, if any, with
earlier events causing delays, net extension required.

In such case, the Employer may give a fair and reasonable extension of time for
completion of work. Such extension shall be communicated to the contractor by the
Employer in writing, within one month of the date of such request. Non-application by
the contractor for extension of time within time schedule or happening of an event, which
will require extension of time, will render the contractor non eligible for seeking
extension of time at later date & this shall be binding to the contractor. While granting
extension, the Employer shall notify the contractor the period of time which will not
qualify for levy of liquidated damages.
For the period in excess of original stipulated period and authorised extension of time
(i.e. period not qualifying for levy of liquidated damages), granted by the Employer, the
provision of liquidated damages as stated under Clause 15 hereof will become applicable.
However, the contract shall remain in force even for the period beyond the due date of
completion irrespective whether the extension is granted or not.

14 PROGRESS OF WORK
During the period of construction the contractor shall maintain proportionate progress on
the basis of a Programme Chart submitted by the contractor immediately before
commencement of work and agreed to by the Employer/ Architects. Contractor should
also include planning for procurement of scarce material well in advance and reflect the
same in the programme chart so that there is no delay in completion of the project.

15. LIQUIDATED DAMAGES


Time is the essence of the contract. The completion of the work/building is essential to
comply with various requirements of the Company. Thus the contractor shall be aware
and take note that non-completion of the work/building will affect the Companys
committed programs and thus the loss by way delayed completion of related works
etc, are invaluable and cannot be easily assessed. Therefore, it is part of the agreed
terms that in the event of any delay in completion of the work, the Company is
liable to charge the Contractor without the necessity of providing for any details of
such losses suffered by the Company. Further,

15.1 If the contractor fails to maintain the required progress in terms of the contract or to
complete the work and clear the site on or before the contract or approved extended date
of completion, he shall, without prejudice to any other right or remedy of the
Employer on account of such breach, pay as agreed compensation the amount
calculated at the rates stipulated below or such smaller amount as may be fixed by the
employer on the contract value of the work for every completed week that the progress
remains incomplete.
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15.2 For this purpose the term `Contract Value' shall be value at the contract rates of the
work as ordered / accepted.

15.3 The Employer shall have the right to adjust, / set-off against any sum payable to the
contractor under this or any other contract with the Employer anywhere in
India/outside India.

Thus if the Contractor fails to complete the works within the time for completion stated in
the Appendix/elsewhere or within any extended time under Clause 13 hereof, the Contractor
shall pay the Employer the sum at the rate of 1%(one per cent) of the Contract Value per
week of delay subject to a limit of 10%(ten percent) of the Contract Value as
"Liquidated damages" for the period during which the said works shall so remain
incomplete or the Employer may deduct aforesaid sum towards such damages from any
monies due to the Contractor. Appendix-1 shall also be referred.

16. TOOLS, STORAGE OF MATERIALS, PROTECTIVE WORKS AND SITE


OFFICE REQUIREMENTS

The contractor may provide, fix up and maintain in an approved position, proper office
accommodation for the contractor’s representative and staff at his own cost. Such offices
shall be open at reasonable hours to receive instruction notices or communications and clear
away on completion of the works and make good all work disturbed.

All drawings maintained on the site are to be carefully mounted on boards of appropriate size
and covered with a coat of approved varnish. They are to be protected from ravages of
termites, ants, and other insects.
The contractor shall provide at his own cost all-artificial light required for the work and to
enable other contractors and sub-contractors to complete the work within the specified time.

The contractor shall provide suitable temporary shed/enclosures for the watchmen and clear
away the same when no longer required and to provide all necessary attendance, lights etc.,
required.

The contractor shall arrange for temporary latrines for the use of workers and field staff and
keep the same in a clean and sanitary condition to the satisfaction of the Public Health
Authorities and shall cause such latrines and soil to be cleared away whenever necessary and
shall make good all the works disturbed by these conveniences.

Every precaution shall be taken by the contractor to prevent the breeding of mosquitoes on
the works during the construction, and all receptacles, cisterns, water tanks etc., used for the
storage of water, must be suitably protected against breeding of mosquitoes. The contractor
shall indemnify the Employer against any breach of rules in respect of anti-material
measures.

The contractor shall not fix or place any placards or advertisement of any description or
permit the same to be fixed or placed in or upon any boarding, gantry, building structure
other than those approved by the Employer.

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Protective Measures: The contractor from the time of being placed in possession of the site
must make suitable arrangements for watching, lighting and protecting the work, the site and
surrounding property by day, by night, on Sundays and other holidays, on round the clock
basis and no extra will be paid by Company for such services.

Contractor shall indemnify the Employer against any possible damage to the building, roads
or members of the public in course of execution of the work.

The contractor shall provide necessary temporary enclosures, gates, entrances, etc., for the
protection of the work and materials and for altering and adopting the same as may be
required and removing on completion of the works and making good all works disturbed.

Storage of materials: The contractor shall provide and maintain proper sheds for the proper
storage and adequate protection of the materials etc., and other work that may be executed on
the site including the tools and materials of sub-contractors and remove the same on
completion. Sheds for storage of cement should have pucca floor raised above the ground.

Tools: Theodolite levels, prismatic compass, chain, steel and metallic tapes and all other
surveying instruments found necessary for the works shall be provided by the contractor for
the due performance of this contract as instructed by the Site Engineer.

All measuring tapes shall be of steel and suitable scaffolding and ladders that may be
required for safely taking measurement and shall be supplied by the contractor.

The mistries and the supervisor on the works shall carry with them necessary instruments
like a steel tape, a measuring tape of 30 meters, a spirit level, a plumb bob and a square and
shall check the work to ensure that the work is being done according to the drawing and
specifications. The Site Engineer will use any or all measuring instruments or tools
belonging to the contractors as he chooses for checking the works executed or being executed
on the contract.

The contractor should cover in his rates for making provisions for all reasonable facilities for
the use of his scaffolding, tools & plant etc. by subcontractors for their work.

17. NOTICE AND PATENTS OF APPROPRIATE AUTHORITY AND OWNERS

The contractor shall conform to the provisions of any Acts of the Legislature relating to
the work, and to the Regulations and Bye-laws of any authorities, and /or any water,
lighting and other companies, and/or authorities with whose systems the structures
were proposed to have connection and shall before making any variations from the
drawings or specification that may be associated to so conform, give the
Employer/Architects written notices specifying the variations proposed to be made and
the reasons for making them and apply for instruction thereon. The
Employer/Architects on receipt of such intimation shall give a decision within a
reasonable time.

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The contractor/s shall arrange to give all notices required for by the said Acts, Regulations or
Bye-laws to be given to any authority, and to pay to such authority or to any public officer all
fees that may be properly chargeable in respect of the work and lodge the receipts with the
Employer.

The contractor shall indemnify the Employer against all claims in respect of patent rights,
royalties, damages to buildings, roads or members of public in course of execution of work
and shall defend all actions arising from such claims and shall keep the Employer saved
harmless and indemnified in all respects from such actions, costs and expenses.

18. CLEARING SITE AND SETTING OUT WORKS

The site shown on the plan shall be cleared of all obstructions, grass, plants, loose stone, and
materials rubbish of all kinds. All holes or hollows whether originally existing or produced
by removal of loose stone or materials shall be carefully filled up with earth well rammed
and leveled off as directed at his own cost.
The contractor shall set out the works and shall be responsible for the true and perfect setting
out of the work and for the correctness of the positions, levels, dimensions and alignment of
all parts thereof. If at any time, any error shall appear during the progress of any part of the
work, the contractor shall at his own expenses rectify such error, if called upon to the
satisfaction of the Employer. The contractor shall further set out the works to the alternative
positions at the site until one is finally approved and the rates quoted in his tender should
include for this and no extra on this account will be entertained.

19. BENCHES
The contractor is to construct and maintain proper benches of all the main walls, in order that
the lines and levels may be accurately checked at all times.

These benches will consist of salwood post of adequate length and minimum diameter 75
mm to be driven in the ground at suitable distance as directed encased with brickwork. The
wire nails will be driven on the top of salwood post on the center lines of columns, walls,
inside and outside faces of foundation trenches, in order that lines may be stretched between
the benches and accurate intersection of excavation. Center line of walls, columns etc., may
be clearly indicated and checked at any time if it is so required.

20. CONTRACTOR IMMEDIATELY TO REMOVE ALL OFFENSIVE MATTERS

All soil, filth or other matters of any offensive nature taken out of any trench, sewer, drain,
cesspool or other place shall not be deposited on the surface but shall be at once carted away
by the contractor to the place provided by him.

The contractor shall keep the foundations and works free from water and shall provide and
maintain at his own expenses electrically or other power driven pumps and other plant to the
satisfaction of the Employer for the purpose, until the building is handed over to the
Employer. The contractor shall arrange for the disposal of the water so accumulated to the
satisfaction of the Employer and local authority and no claims will be entertained afterwards
if he does not include in his rates for the purpose.

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21. ACCESS

Any authorized representative of the Employer shall at all reasonable times have free access
to the works and/or to the workshop, factories or other places where materials are being
prepared or constructed for the work and also to any place where the materials are lying or
from where they are being obtained, and the contractor shall give every facility to the
Company or their representatives necessary for inspection and examination and test of the
materials and workmanship. Except the representatives of the Employer no person shall be
allowed at any time without the written permission of the Employer.

22. MATERIALS, WORKMANSHIP, SAMPLES OF MATERIALS

All the works specified and provided for in the specifications or which may be required to be
done in order to perform and complete any part thereof shall be executed in the best and
approved quality of the respective kinds in accordance with the particulars contained in and
implied by the specifications and as represented by the drawings or according to such other
additional particulars, and instructions as may from time to time be given by the
Employer/Architects during the execution of the work, and to his entire satisfaction.

All the materials (except where otherwise described) stores and equipment required for the
full performance of the work under the contract must be provided through normal channels
and must include charge for import duties, sales tax, octroi and other charges and must be the
best of their kind available and the contractor/s must be entirely responsible for the proper
and efficient carrying out of the work. The work must be done in the best workman like
manner. Samples of all materials to be used must be submitted to the Employer/Architects
when so directed by the Engineer/ Architects and written approval from Employer/Architects
must be obtained prior to placement of order.

During the inclement weather the contractor shall suspend concreting and plastering for such
time as the Employer/Architects may direct and shall protect from injury all work when in
course of execution. Any damage during constructions, to any part of the work, for any
reasons, due to rain, storm, or neglect of contractor, shall be rectified by the contractor, in an
approved manner at no extra cost.

Should the work be suspended by reason of rain, strike, lockouts or any other cause, the
contractor shall take all precautions necessary for the protection of work and at his own
expenses shall make good any damage arising from any of these causes.

The contractor shall cover up and protect from damage, from any cause, all end work and
supply all temporary doors, protection to windows, and any other requisite protection for the
execution of the work whether by himself or special tradesmen or subcontractor and any
damage caused must be made good by the contractor at his own expenses.

23. REMOVAL OF IMPROPER WORK

The Employer shall during the progress of the work have power to order in writing from time
the removal from the work within such reasonable time or times as may be specified in the
order of any materials which in the opinion of the Employer/Architects are not in accordance
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with specifications of instruction, the substitution or proper re-execution of any work
executed with materials or workmanship not in accordance with the drawings and
specifications or instructions. In case the contractor refuses to comply with the order the
Employer shall have the power to employ and pay other agencies to carry out the work and
all expenses consequent thereon or incidental thereto as certified by the Employer/ Architects
shall be borne by the contractor or may be deducted from any money due to or that may
become due to the contractor. No certificate, which may be given by the Architects, shall
relieve the contractor from his liability in respect of unsound work or bad materials.

24. SITE ENGINEER

The term ‘Site Engineer’ shall mean the person appointed and paid by the
Employer/Architect to superintend the work. The contractor shall afford the Site Engineer
every facility and assistance for examining the works and materials and for checking and
measuring work and materials. The Site Engineer shall have no power to revoke, alter,
enlarge or relax any requirements of the contract or to sanction any day work, additions,
alterations, deviations or omissions or any extra work whatever, except in so far as such
authority may be specially conferred by a written order of the Employer.

The Site Engineer shall have power to give notice to the contractor or to his foreman, of non-
approval of any work or materials and such work shall be suspended or the use of such
materials shall be discontinued until the decision of the Employer is obtained. The work will
from time to time be examined by the Architects/ Engineers from the Employer and the Site
Engineer. But such examination shall not in any way exonerate the contractor from the
obligation to remedy any defects, which may be found to exist at any stage of the work or
after the same is complete. Subject to the limitations of this clause the contractor shall take
instructions only from the Architects/Employer.

25. OFFICE ACCOMMODATION FOR THE SITE ENGINEER


NOT APPLICABLE

26. CONTRACTOR’S EMPLOYEES


The contractor shall employ technically qualified staff as per special conditions of contract
30and competent supervisors for the work who shall be available (by turn) throughout the
working hours to receive and comply with instructions of the Employer/Architects. The
contractor shall employ in connection with the work, persons having the appropriate skill or
ability to perform their job efficiently.

No labourer below the age of Eighteen years and who is not an Indian National shall be
employed on the work.
Any labourer supplied by the contractor to be engaged on the work on day-work basis either
wholly or partly under the direct order or control of the Employer or his representative shall
be deemed to be a person employed by the contractor.

The contractor shall comply with the provisions of all labour legislation including the
requirements of
a) The Payment of Wages Act
b) Minimum wages Act
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c) Employer’s Liability Act
d) Workmen’s Compensation Act
e) Contract Labour (Regulation & Abolition) Act, 1970 and Central Rules 1971
f) Apprentices Act 1981
g) Any other Act or enactment relating thereto and rules framed there under from time to
time.
h) Indian Electricity Act (IE Act) and follow the rules.
The contractor shall keep the Employer saved harmless and indemnified against claims if any
of the workmen and all costs and expenses as may be incurred by the Employer in connection
with any claim that may be made by any workmen.

The contractor shall comply at his own cost with the order of requirement of any Health
Officer of the State or any local authority or of the Employer regarding the maintenance of
proper environmental sanitation of the area where the contractor’s labourers are housed or
accommodated, for the prevention of small pox, cholera, plague, typhoid, malaria and other
contagious diseases. The contractor shall provide, maintain and keep in good sanitary
accommodation and provide facilities for pure drinking water at all times of the use of men
engaged on the works and shall remove and clear away the same on completion of the works.
Adequate precautions shall be taken by the contractor to prevent nuisance of any kind on the
works or the lands adjoining the same.
The contractor shall arrange to provide first aid treatment to the labourers engaged on the
works. He shall within 24 hours of the occurrence of any accident at or about the site or in
connection with execution of the works, report such accident to the Employer and also to the
competent authority where such report is required by law.

The contractor shall pay rates of Wages and observe hours of work and conditions or
employment according to existing rules under Minimum Wages Act. Further, it shall be
contractor’s responsibility to ensure that he pays his workmen wages which are not lower
than the minimum prescribed by the Union Government and State Government in which area
this contract is being operated.

27. DISMISSAL OF WORKMAN


The contractor shall on the request of the Employer immediately dismiss from works any
person employed thereon by him, who may in the opinion of the Employer be unsuitable or
incompetent or who may misconduct himself. Such discharges shall not be the basis of any
claim for compensation or damages against the employer or any of their officer or employee.

28. ASSIGNMENT
The whole of the works included in the contract shall be executed by the contractor and the
contractor shall not directly or indirectly transfer, assign or sublet the contract or any a part,
share or interest therein nor, shall take a new partner, without written consent of the
Employer and no subletting shall relieve the contractor from the full and entire responsibility
of the contract or from active superintendence of the work during their progress.

29. DAMAGE TO PERSONS AND PROPERTY INSURANCE ETC.


The contractor shall be responsible for all injury to the work or workmen, persons, animals or
things and for all damages to the structural and/or decorative part of property which may

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arise from the operations or neglect of himself or of any sub-contractor or of any of his or a
sub-contractor’s employees, whether such injury or damage arise from carelessness, accident
or any other cause whatsoever in any way connected with the carrying out of this contract.
The clause shall be held to include inter-alia, any damage to buildings whether immediately
adjacent or otherwise, and any damage to roads, streets, foot paths or ways as well as
damages caused to the buildings and the works forming the subject of this contract by rain,
wind or other inclemency of the weather. The contractor shall indemnify the Employer and
hold harmless in respect of all and any expenses arising from any such injury or damages to
persons or property as aforesaid and also in respect of any claim made in respect of injury or
damages under any acts of compensation or damage consequent upon such claim. The
contractor shall submit an indemnity bond in Company’s/Employer’s approved
proforma (enclosed under Appendix-10) in a stamp paper. Indemnify the Company /
Architect from any damages, prosecution, other legal suits and claims arising out of any
mishaps occurring at the site due to faulty work, faulty construction and for violating
rules and regulations for which the contractor shall be solely responsible.

The contractor shall reinstate all damage of every sort mentioned in this clause, so as to
deliver the whole of the contract works complete and perfect in every respect and so as to
make good or otherwise satisfy all claims for damages to the property or third parties.

The contractor shall affect the necessary insurance and indemnify the Employer entirely from
all responsibility in this respect. The insurance must be placed with a company approved by
the Employer and must be effected jointly in the name of the contractor and the
Employer and the policy lodged with the latter. The scope of insurance is to include
damage or loss to the works itself till this is made over in a complete state. Insurance is
compulsory and must be affected from the very initial stage.
The contractor shall also be responsible for anything, which may be excluded from damage
to any property arising out of incidents, negligence or defective carrying out of this contract.
The Employer shall be at liberty and is hereby empowered to deduct the amount of any
damages, compensations, costs, charges and expenses arising or accruing from or in respect
of any such claim or damages from any sums due or to become due to the contractor.

30. INSURANCE

The Contractor shall, at his own expense insure the works , effect and maintain till the
completion of the contract a Contractors All Risks Policy (CAR)for Insurance, with an
insurance company approved by the Employer, for the full amount of the contract .The scope
of the cover shall include fire, lightning, explosion, crashing, aircraft, extinguishing water or
other fighting measures, flood, inundation , rain, windstorm of any kind, earthquake,
subsidence, landslide, rockslide, bad workmanship, lack of skill, negligence , malicious acts
or human error, additional cover for third party liability and surrounding properties. The
CAR shall be held in the joint names of the Employer and the Contractor (the name of the
former being placed first in the policy.) with Employer as beneficiary against all risk as per
the standard all risk policy for Contractors and deposit such policy or policies with the
Employer with 21(twenty days) days from the date of issuing the work order.

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The Contractor shall also indemnify the Employer against all claims which may be made
upon the Employer, whether under the Workmen's Compensation Act or any other statue in
force, during the currency of this contract or at Common Law in respect of any employee of

the Contractor or of sub-Contractor and shall be at his own expense obtain, effect and
maintain until the completion of the Contract a policy of Insurance against such risk in
respect of employees of contractor or sub-contractor with an Insurance Company
approved by the Employer, a comprehensive policy of Insurance and deposit such policy or
policies with the Employer from time to time during the currency of this contract.

In default of the Contractor insuring as provided above, the Employer on his behalf may so
insure and may deduct the premiums paid from any money due, or which may become due to
the contractor.

The Contractor shall upon settlement by the Insurer of any claim made against the insurer
pursuant to a policy taken under this clause, proceed with due diligence to rebuild or repair
the works destroyed or damaged. In this event all the monies received from the Insurer in
respect of such damage shall be paid to the Contractor and the Contractor shall not be entitled
to any further payment in respect of the expenditure incurred for rebuilding or repairing of
the materials or goods destroyed or damaged.

The Contractor, in case of re-building or reinstatement after damage shall be entitled to such
extension of time for completion as the Architect may deem fit, but shall, however, not be
entitled to reimbursement by the Employer of any shortfall or deficiency in the amount paid
by the insurer in settlement of any claim arising as set out herein.

Without prejudice to his liability under this clause, the Contractor shall also cause all sub-
Contractors to effect for their respective portions of the works, similar policies of insurance
in accordance with the provisions of this clause and shall produce or cause to produce to the
Employer such policies. The Contractor shall not permit a sub-Contractor to commence work
at the site unless the said insurance policies are submitted. In the event of failure of the sub-
contractor to commence work at the site, the contractor shall be responsible for any claim or
damage attributable to the said sub-Contractor.

31. ACCOUNTS RECEIPTS & VOUCHERS

The contractor shall, upon the request of the Employer furnish them with all the invoices,
accounts, receipts and other vouchers that they may require in connection with the works
under this contract, if the contractor shall use materials less than what he is required under
the contract, the value of the difference in the quantity of the materials he was required to use
and that he actually used shall be deducted from his dues. The decision of the Employer
shall be final and binding on the contractor as to the amount of materials the contractor is
required to use for any work under this contract.

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32. MEASUREMENTS

All measurements shall be carried out as per relevant IS code unless otherwise stated
elsewhere in this document. Before taking any measurement of any work the Site Engineer
or a subordinate deputed by him shall give reasonable notice to the contractor. If the
contractor fails to attend at the measurements after such notice or fails to counter sign or to
record the difference within a week from the date of measurement in the manner required by
the Site Engineer then in any such event the measurements taken by the Site Engineer or by
the subordinate deputed by him as the case may be is final and binding on the contractor and
the contractor shall have no right to dispute the same.

33. PAYMENTS

Initial Mobilization Advance: No mobilization advance will be considered by Company.

Running Bill payments: All bills shall be prepared by the contractor in the form prescribed
by the Employer/ Architects. Normally one interim bill shall be prepared each month subject
to minimum value for interim certificate as stated in the Appendix-1. The bills in proper
forms must be duly accompanied by detailed measurements & test certificate in support of
the quantities of work done and must show deductions for all previous payments, retention
money, etc.

The Architects shall issue a certificate after due scrutiny of the contractor’s bill stating the
amount due to the contractor from the Employer and the contractor shall be entitled to
payment thereof, within the period of honouring certificate stated in the Appendix-1.

The amount stated in an interim certificate shall be the value of work properly executed and
material advance upto 75% of invoiced value of materials brought to site for permanent
incorporation into the work after preparation of the previous bill less the amount to be
retained by the Employer as retention money vide clause 11 of these conditions. Advance
paid for materials already incorporated in the work shall be recovered.

The material advance shall be admissible only on materials, which in the opinion of the
Architect, are imperishable in nature, are genuinely required for use in the work in the near
future, are of the required quality and are adequately protected against damage, theft, loss etc.

If the Employer has supplied any materials or goods to the contractor, the cost of any such
materials or goods will be progressively deducted from the amount due to contractor in
accordance with the quantities consumed in the work.

All the interim payments shall be regarded as payments by way of advance against the final
payment only and not as payments for work actually done and completed, and shall not
preclude the requiring of bad, unsound, and imperfect or unskilled work to be removed and
taken away and reconstructed, or re-erected or be considered as an admission of the due
performance of the contract, or any part thereof in any respect or the accruing of any claim,
nor shall it conclude, determine or affect in anyway the power of the Employer under these
conditions or any of them as to the final settlement and adjustment of the accounts or
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otherwise or in any other way vary or affect the contract. In all the above the Appendix
2,3,4,5 shall be followed.

34. FINAL PAYMENT

The final bill shall be submitted by the contractor to the Architect within one month of the
date fixed for completion of the work or of the date of certificate of completion furnished by
the Architect and payment shall be made within three months for such of those items and
quantities that in the opinion of the Employer, are undisputed.

The Final Bill shall be accompanied by a "Certificate of Completion" from the Employer/
Architects. Payments of final bill shall be made after deduction of Retention Money as
specified in clause 11 of these conditions, which sum shall be refunded as stipulated in
Clause11. The acceptance of payment of the final bill by the contractor would indicate that
he will have no further claim in respect of the work executed. In all the above the Appendix
2,3,4,5 shall be followed.

35. VARIATION / DEVIATION

The Employer shall have powers to order additional /non-tendered items to modify the
tendered items, to vary the quantities of tendered items and not to execute certain items. All
such orders shall be in writing.

The rate or price of all such additional items/non-tendered/modified items will be worked out
on the basis of rates quoted for similar items in the contract wherever existing or on
engineering rate analysis based on prevalent fair price of labour, material and other
components as required. The tender rates shall hold good for any increase or decrease in the
tendered quantities upto variation of 25%. For variation beyond 25%, the rate may be
reviewed based on prevalent fair price of labour, materials and other components as per the
rate analysis format given in Appendix-12. The contractor shall submit detailed analysis of
rates and supporting documents to the Employer/Architect within 14 days of being directed
to execute such items/quantities and the Employer/Architect shall assess the analysis and
approve reasonable and justified rate. No such additional or modified items or variation in
quantities (except variation in quantities as per approved drawings) shall be executed by the
Contractor without prior written approval of the Employer/ Architect.

36. SUBSTITUTION

Should the contractor desire to substitute any materials and workmanship, he/they must
obtain the approval of the Employer/Architects in writing for any such substitution well in
advance. Materials designated in the Schedule of Quantities and specification indefinitely by
such term as “Equal”, "Equivalent" or “Other approved” etc. specific approval of the
Employer/Architects has to be obtained in writing.

37. COMPLETION OF WORK


On completion of the work the contractor shall clean all windows, doors, fittings, fixtures etc
of all paint/polish/distemper splashes/dirt/dust etc, if necessary all hardware, clean inside and
outside, all floor, stair-cases, and every part of the building and the surroundings. The whole
SIGNATURE OF THE CONTRACTOR WITH SEAL
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of the work will be thoroughly inspected by the contractor and deficiencies and defects set
right. On completion of such inspection the contractor shall inform the Architect/Employer
in writing that he has completed the work and it is ready for inspection.

On receipt of such written intimation from the contractor, the Architect/ Employer shall
arrange to inspect the work and certify completion if the work has been completed
satisfactorily. If not, the Architect/ Employer shall inform the Contractor the
deficiencies/defects in the work and the contractor shall attend to them properly and again
intimate the Employer/Architect for further inspection.

The work shall not be considered as complete until the Employer/Architects have certified in
writing that it has been completed satisfactorily without any apparent defects and the Defects
Liability Period shall commence from the date of such certificate

No such certificates shall be issued until the contractor clears away and removes from the site
all constructional plant, surplus materials, rubbish temporary works of every kind and leaves
the whole of the site and the works clean and in a workman like condition to the satisfaction
of the Employer/Architects.

38. DEFECTS AFTER COMPLETION


The contractor shall make good at his own cost and to the satisfaction of the Employer all
defects, shrinkage, settlements or other faults, which may appear during the defect liability
period of one year. In default the Employer may employ and pay other persons to amend and
make good such damages, losses and expenses consequent thereon or incidental thereto shall
be made good and borne by the contractor and such damages, loss and expenses shall be
recoverable from him by the Employer or may be deducted by the employer, in lieu of such
amending and making good by the contractor a sum equivalent to the cost of amending such
work and in the event of the amount retained being insufficient, recover that balance from the
contractor form the amount retained under clause No.11 together with any expenses the
Employer may have incurred in connection therewith.

39. CONCEALED WORK

The contractor shall give due notice to the Employer/Architects whenever any work is to be
buried in the earth, concrete or in the bodies of walls or otherwise becoming inaccessible
later on, in order that the work may be inspected and correct dimensions taken before such
burial, in default whereof the same shall, at the opinion of the Employer/Architect be either
opened up for measurement at the contractor’s expense or no payment may be made for such
materials. Should any dispute or differences arise after the execution of any work as to
measurements etc., or other matters which cannot be conveniently tested or checked, the
notes of the Employer/Architects shall be accepted as correct and binding on the contractor.

40. IDLE LABOUR

Whatever the reasons may be, no claim for idle labour, additional establishment cost of hire
and labour charges of tools and plants would be entertained under any circumstances.

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41. SUSPENSION OF WORK

If the Contractor:

(i) Having been given by the Company a notice in writing to rectify, reconstruct or replace
any defective work or that the work is being performed in an inefficient or otherwise
improper or unworkman like manner, shall omit tocomply with the requirements of such
notice for a period of seven days thereafter; or,
(ii) has without reasonable cause suspended the progress of the work or has failed to proceed
with the work so that in the opinion of the Company (which shall be final and binding)
that he will be unable to secure completion of the work by the date for completion and
continues to do so after a notice in writing of seven days from the Company ; or
(iii) persistently neglects to carry out his obligations under the contract and/or commits
default in complying with any of the terms and conditions of the contract and does not
remedy it or take effective steps to remedy it within 7 days after a notice in writing is
given to him in that behalf by the Company or
(iv) fails to complete the work within the stipulated date or items of work with individual
date of completion, if any, stipulated on or before such date(s)of completion and does
not complete them within the period specified in the notice given in writing in that behalf
by the Company ; or
(v) being a company shall pass a resolution or the court shall make an order that the
company shall be wound up or if a receiver or a manager on behalf of a creditor shall be
appointed or if circumstances shall arise which entitle the court or the creditor to appoint
a receiver or a manager or which entitles the court to make a winding up order; or

If the contractor except on account of any legal restraint upon the Employer preventing the
continuance of the work or in the opinion of the Employer shall neglect or fail to proceed
with due diligence in the performance of his part of the contract or if he shall more than once
make default, the Employer shall have the power to give notice in writing to the contractor
requiring the work be proceeded within a reasonable manner and with reasonable dispatch,
such notice purport to be a notice under this clause.

After such notice shall have been given the contractor shall not be at liberty to remove from
the site of the works or from any ground contiguous thereto any plant or materials to subsist
from the date of such notice being given until the notice shall have been compiled with. If
the contractor shall fall for 7 (seven) days after such notice has been given to proceed with
the works as therein prescribe, the Employer may proceed as provided in clause 42
(Termination of Contract by Employer).

42. TERMINATION OF CONTRACT BY EMPLOYER

If the contractor being a company go into liquidation whether voluntary or compulsory or


being a firm shall be dissolved or being an individual shall be adjudicated insolvent or shall
make an assignment or a composition for the benefit of the greater part, in number of amount
of his creditors or shall enter into a Deed or arrangement with his creditors, or if the Official

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Assignee in insolvency, or the Receiver of the contractor in insolvency, shall repudiate the
contract, or if a Receiver of the contractor’s firm appointed by the court shall be unable,
within fourteen days after notice to him requiring him to do so, to show to the reasonable
satisfaction of the employer that he is able to carry out and fulfill the contract, and if so
required by the employer to give reasonable security therefore, or if the contractor shall
suffer execution to be issued, or shall suffer any payment under this contract to be attached
by or on behalf of any of the creditors of the contractor, or shall assign, charge or encumber
this contract or any payments due or which may become due to the contractor there under, or
shall neglect or fail to observe and perform all or any of the acts, matters or things by this
contract to be observed and performed by the contractor within three clear days after the
notice shall have been given to the contractor in manner hereinafter mentioned requiring the
contractor to observe or perform the same or shall use improper materials or workmanship in
carrying on the works, or shall in the opinion of the employer not exercise such due
diligence and make such due progress as would enable the work to be completed within due
time agreed upon, and shall fail to proceed to the satisfaction of the employer after three clear
days notice requiring the contractor so to do shall have been given to the contractor as
hereinafter mentioned, or shall abandon the contract, then and in any of the said cases, the
Company may notwithstanding previous waiver, determine the contract by a notice in writing
to the effect as hereinafter mentioned, but without thereby effecting the powers of the
contract the whole of which shall continue in force as fully as if the contract had not been so
determined and as if the works subsequently executed had been executed by or on behalf of
the contractor (without thereby creating any trust in favor of the contractor).Further the
employer or his agent, or servants, may enter upon and take possession of the work and all
plants, tools, scaffolding, sheds, machinery, steam and other power, utensils and materials
lying upon premises or the adjoining lands or roads and sell the same as his own property or,
may employ the same by means of his own servants and workmen in carrying on and
completing the works or by employing any other contractors or other persons or person to
complete the works, and the contractor shall not in any way interrupt or do any act, matter or
thing to prevent or hinder such other contractor or other persons or person employed from
completing and finishing the works. When the works shall be completed, or as soon
thereafter as conveniently may be, the employer shall give notice in writing to the contractor
to remove his surplus materials and plants and, should the contractor fail to do so within a
period of 14 days after receipt by him, the employer may sell the same by Public Auction and
shall give credit to the contractor for the amount so realized. Any expenses or losses
incurred by the employer in getting the works carried out by other persons or contractors
shall be adjusted against the amount payable to the contractor by way of selling his tools and
plants or due on account of work carried out by the contractor prior to engaging other
persons or contractors or against the Security Deposit.

Without prejudice to any of the rights or remedies under this contract if the contractor dies,
the Company shall have the option of terminating the contract without compensation to the
contractor.

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43. CLAUSE- RELATIVES

The contractor shall also intimate the names of persons who are working with him in any
capacity or are subsequently employed by him or himself and who are near relative to any
Employee of the Canbank Venture Capital Fund Ltd.. Any breach of these conditions by the
Company or Firm or any other person/ contractor, the tender/work is liable to be cancelled
and Earnest Money/ Security Deposit will be forfeited at any stage, whenever it is so noticed.
The Company will not pay any damages to the company or Firm or the concerned person.
The Company or Firm or the person is also liable to be debarred for further participation in
the tenders in the Company.

44. CLAUSE- RETIRED EMPLOYEES

No Employee employed in any department of the Government of India, PSU , Nationalized/


state Company shall work as a contractor or employee of a contractor for a period of two
years after his retirement from service without the previous permission of their employer in
writing. This contract is liable to be cancelled if either the contractor or any of his employees
is found at any time to be such a person who had not obtained the permission of their
employer as aforesaid, before submission of the tender or engagement in the contractor’s
service, as the case may be.

45. ARBITRATION

All disputes or differences of any kind whatsoever which shall at any time arise between the
parties hereto touching or concerning the works or the execution or maintenance thereof of
this contract or the rights touching or concerning the works or the execution of maintenance
thereof of this contract or the construction remaining operation or effect thereof or to the
rights or liabilities of the parties or arising out of or in relation thereto whether during or after
determination foreclosure or breach of the contract (other than those in respect of which the
decision of any person is by the contract expressed to be final and binding) shall after written
notice by either party to the contract to the other of them and to the Employer hereinafter
mentioned be referred for adjudication to a sole Arbitrator to be appointed as hereinafter
provided.

For the purpose of appointing the sole Arbitrator referred to above, the Employer will send
within thirty days of receipt of the notice, to the contractor a panel of three names of persons
who shall be presently unconnected with the organization for which the work is executed.

The contractor shall on receipt of the names of aforesaid, select any one of the persons
named to be appointed as a sole Arbitrator and communicate his name to the Employer
within thirty days of receipt of the names. The Employer shall thereupon without any delay
appoint the said person as the Sole Arbitrator. If the contractor fails to communicate such
selection as provided above within the period specified, the competent authority shall make
the selection and appoint the selected person as the Sole Arbitrator.

If the Employer fails to send to the contractor the panel of three names as aforesaid within
the period specified, the contractor shall send to the Employer a panel of three names of
persons who shall all be unconnected with either party. The Employer shall on receipt of the
SIGNATURE OF THE CONTRACTOR WITH SEAL
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named as aforesaid select anyone of the persons name and appoint him as the Sole Arbitrator.
If the Employer fails to select the person and appoint him as the Sole Arbitrator within 30
days of receipt of the panel and inform the contractor accordingly, the contractor shall be
entitled to appoint one of the persons from the panel as the Sole Arbitrator and communicate
his name to the Employer.

If the Arbitrator so appointed is unable or unwilling to act or resigns his appointment or


vacates his office due to any reason whatsoever another Sole Arbitrator shall be appointed as
aforesaid. The work under the Contract shall, however, continue during the arbitration
proceedings and no payment due or payable to the contractor shall be withheld on account of
such proceedings. The Arbitrator shall give a separate reasoned award in respect of each
dispute or difference referred to him. The venue of arbitration shall be such place as may be
fixed by the Arbitrator in his sole discretion.
The fees and expenses, if any, of the Arbitrator shall, if required to be paid before the award
is made and published, be paid half and half by each of the parties. The Arbitrator may direct
to and by whom and in what manner the cost of the reference and of the award including the
fees and expenses or any part thereof shall be paid and may fix or settle the amount of costs
to be so paid.
The award of the Arbitrator shall be final and binding on both the parties. Subject to the
aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory
modification or re-enactment thereof and the rules made hereunder, and for the time being in
force, shall apply to the arbitration proceeding under this clause.

Signature of the Tenderer/Contractor


With name and address

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 31
SPECIAL CONDITIONS OF CONTRACT

1. GENERAL:

These Special conditions of Contract shall be read in conjunction with the General
Conditions of contract, Specifications of work, Bill of quantities , Drawings and any
other documents forming part of this contract wherever the context so requires.

Notwithstanding, the sub-division of the documents into these separate sections and
volumes every part of each shall be deemed to be supplementary to and complementary
of every other part and shall be read with and into the contract so far as it may be
practicable to do so.

Where any portion of the General Conditions of Contract is repugnant to or at variance


with any provisions of the Special Conditions of Contract, then unless a different
intention appears, the provisions of the Special Conditions of Contract, shall be deemed
to over-ride the provisions of the General Conditions of Contract and shall to the extent
of such repugnance, or variance, prevail.

In case where the specifications in the drawings or those given in schedule of quantities
are found wanting, the latest IS specifications / CPWD shall hold good.

2. WHOLE WORK TO BE COMPLETED IN THE SPECIFIED COMPLETION


PERIOD:

The whole work including all extra and additional items if any is to be completed within
the period of completion as stated in Appendix-I and the Contractor will be required, if
necessary to work overtime to fulfill the Company’s/Architect’s instruction to complete
the work by the stipulated date. No extra payment will be allowed on the quoted rates for
such overtime work.

3. STATUTORY PERMISSIONS

The Contractor will be responsible for obtaining the approval of local authorities for any
alteration in the connections . All the fees, deposits shall be borne by the Company.
Incidental expenses if any shall be borne by the Contractor. The contractor shall submit
to the Company, all certificates, demand notes, final inspection reports issued by the
concerned authority.

4. INTERPRETATION OF TERMS:

(a) Whenever the words “directed”, “as required”, “selected”, or words like effect are used, it
is to be understood that the selection, direction or requirement of the Company are
intended.
(b) The words “approved”, “satisfactory” or words of like import shall mean “approved by”
or “satisfactory to” the Company, whose approval must first be obtained before the
materials ordered or the works to which the words refer to are put in hand.

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(c) The word “allow” shall mean that the contractor shall include in his rates for the
particular matter referred to.
(d) The words “as described” shall mean the description in the trade preambles, general
preambles, specifications, general instructions etc.

6. ORDER OF WORK:

The Company reserves the right to fix the order in which the various items of work
involved in this contract are to be executed and contractor shall comply with the same.
There shall be no extra claims on account of this.

7. QUALITY OF MATERIALS AND WORKS:

The quality of all materials proposed to be used in the works will be as per the relevant
Indian Standard Specifications and will be in accordance with the provisions of the
Technical Specifications.

8. SAMPLES:

(a) Before ordering such materials, the Contractor shall get samples of the materials
approved from the Company well in time. If ordered by the Company, the samples of
materials shall be got tested from approved laboratories at the contractor’s cost before
approval. No claim will be allowed for delay to the progress of work caused by tests. If
called upon by the Company, the contractor shall produce proof for having arranged for
the supply of materials well in time.
(b) The contractor shall furnish well in time before work commences, at his own cost, any
samples of materials or workmanship that may be called for by the Company for his
approval or rejection and any further samples in case of rejection until such samples
approved. Such samples when approved shall be the minimum standard for the work to
which they apply. Rates quoted shall cover for such preliminary work.

9. WORKMANSHIP:
The work involved calls for a high standard for workmanship combined with speed. The
works shall be carried out as per the technical specifications and Bill of quantities.

10. REJECTED WORKMANSHIP OR MATERIALS:


Any workmanship or materials not complying with the specific requirements or approved
samples or which have been damaged, contaminated or deteriorated, must be removed
immediately from the site and replaced at the contractor's expense, as directed.
All materials / or workmanship which in the opinion of the Company are / is defective /
under specifications or un-suitable, shall be removed immediately from the site and shall
be substituted with proper material and / or workmanship forth with as per drawings,
requirements and as per approval / directions of the Company.

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11. DISCREPANCIES:

The several documents forming the contract are to be taken mutually explanatory of one
another. In the event of any Errors, Omissions and Discrepancies, the same shall be dealt
as under:

 In case of errors, omissions and /or disagreement between written and scaled
dimensions on the drawings and specifications etc., the following order of
precedence shall apply.
o Between scaled and written dimension (or description) on a drawing, the
latter shall be adopted.
o Between the written or shown dimensions in the drawings and the
corresponding one in the specification, the former shall be taken as
authenticated.

 In case of discrepancy between the schedule of quantities, the specifications and /or
the drawings, the following order of preference will be observed.
o Description in Schedule of Quantities.
o Technical specifications
o Particular Specifications.
o CPWD specifications
o Indian Standard Specifications of B.I.S.
o Drawings.
o Special condition.

 In case of difference between the rates written in figures and the rate in words shall
prevail.
o Between the duplicate/subsequent copies of the tender and original tender,
the original tender shall be taken as authenticated.

 In case of omissions and/or doubts or discrepancies in any of the items or


specifications, a reference shall be made to the Company whose Elucidation,
elaboration , decision shall be considered as authentic.

o The contractor shall be held responsible for any error that may occur in the
work through lack of such reference and precaution.

12. QUOTED RATES: The rates shall be as per the Schedule of Quantities.

(i) The rates quoted by the contractor shall be held to include for providing all materials ,
GST on raw materials, labour and fixing all scaffolding, conveyance and delivery,
unloading, carrying in storing, hoisting, all labour, setting, fitting and fixing in position
making, setting, cutting, wastages, taxes, cess, royalties, return of packing and all
materials and labour and obtaining service connections and testing and cleaning of work
place ,everything else necessary for the proper completion of each item of work including
overheads and profits.

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(ii) The Contractor shall provide at his expense all labour, materials and things required by
the Company / Architect or his representative for testing and measuring the work, for
weighing, testing the efficiency of any portion of the work, all planning gangways etc.,
necessary for affording access to every part of the work. The cost of all testing shall be
borne by the contractor .
(iii) Contractor should note that unless otherwise stated the tender is strictly on item rate
basis and his attention is drawn to the fact that rates for each and every item should be
correct, workable and self supporting. The quantities in the Bill of Quantities
approximately indicate the total extent of work but may vary and may even be omitted.
No claim shall be entertained on this account except as provided in clause 35 of the
General Conditions.
(iv)If called upon by the Company, detailed analysis of any or of all the rates shall be
submitted by the Contractor. The Company is not bound to recognize Contractor’s
analysis and reserves the right to reject abnormal high rates quoted by the contractor. In
case there are in consistencies in the rates for items of same such rates shall be considered
as the rate for all such items unless Company finds that there is justification for such
inconsistent rates.

(v) The rates of items of works shall include laisoning charges, supervision charges in
applying & securing pemissions for alterations in connections for the sewerage system
from BWSSB , applying & obtaining permissions from authorities shall also be the
contractor s responsibility. The Company shall bear the statutory fees , charges, any fee,
development charges , deposits payable to the BWSSB . The Company shall make direct
payment to the concerned authorities in getting such permits, licenses, and service
connections on demand & against bills, notices. All other incidental charges, laisoning &
supervision charges shall be loaded in the item rates of the tender.

(vi)The rates quoted by the contractor should cover for work at all heights and levels for all
items of work under this contract. Lifting of materials will not form any criteria for
claiming extra payment.

13. WATER AND ELECTRICITY:

1. The rates quoted by the contractors shall include for providing all the water required
for the work including that required by special tradesmen and sub-contractors and pay
all charges required by local authority or other authorities to get connection for
construction of the Building and related works . Water must be clean, fresh, pure and
free from earth, vegetable or organic matter acid or alkaline substance in solution or
suspension. The contractors must execute any temporary plumbing work and pay all
fees and charges for all the temporary connections. The contractor will make his own
arrangements for pumping and storing water. If supply from the Municipality or other
bodies be inadequate, the contractor should provide the water by his own
arrangements. Company shall only sign any application form as owner of the
property.

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2. The contractor shall arrange with the concerned Electric Supply Authorities for a
temporary meter for electric supply to the site and shall provide all temporary wiring,
power and lighting points for the whole of the works, site office and clear away when
no longer required. He shall pay all charges for same and for electricity consumed,
including the consumed by sub-contractors. Company shall only sign any application
form as owner of the property.

14. SAFETY AND HEALTH REGULATIONS :

The contractor shall execute the works by following all safety rules, procedures including the
SAFETY CODE detailed in Appendix 8. All Health regulations as per Appendix-9 and in
force shall be strictly complied by the contractor and pay all necessary charges.

In the event of the contractor(s) committing a default or breach of any of the provisions of
the Contractor’s Labour Regulation and Model Rules for the protection of health and sanitary
arrangements for the workers as amended from time to time or furnishing any information or
submitting or filing any statement under the provisions of the above Regulation and Rules
which is materially incorrect, he/they shall, without prejudice to any other liability, pay to the
Company a sum not exceeding Rs.200/- for every default, breach or furnishing, making,
submitting , filing such materially incorrect statements and in the event of the contractor (s)
defaulting continuously in this respect, the penalty may be enhanced to Rs.200/- per day for
each day of default subject to a maximum of 5 percent of the tendered value of the Work.
The decision of the Company shall be final and binding on the parties.

Should it appear to the Company that the contractor(s) is/ are not properly observing and
complying with the provisions of the Contractor’s Labour Regulations and Model Rules and
the provisions of The Building & Other Construction Workers (Regulation of Employment &
Condition of Service) Act 1996”, The Building & Other Construction Workers ( Regulation
of Employment & Condition of Service) Rules1998, AND, Contract labour (Regulation and
Abolition) Act, 1970, and the Contract Labour (R&A) Central Rules 1971, for the protection
of health and sanitary arrangements for the work-people employed by the contractor(s)
(hereinafter referred as ”the said Rules”) the Company shall have power to give notice in
writing to the contractor(s) requiring that the said Rules to be complied with and the
amenities prescribed therein be provided to the work-people within a reasonable time to be
specified in the notice. If the contractor(s) shall fail within the period specified in the notice
to comply with and/or observe the said Rules and to provide the amenities to the workpeople
as aforesaid, the Company shall have the power to provide the amenities herein before
mentioned at the cost of the contractor(s). The contractor(s) shall erect, make and maintain at
his/their own expense and to approved standards all necessary huts and sanitary arrangements
required for his/their work-people on the site in connection with the execution of the works,
and if the same shall not have been erected or constructed, according to approved Standards,
the Engineer-in-Charge shall have power to give notice in writing to the contractor(s)
requiring that the said huts and sanitary arrangements be re-modeled and/ or reconstructed
according to approved standards, and if the contractor(s) shall fail to remodel or reconstruct
such huts and sanitary arrangements according to approved standards within the period
specified in the notice, the Engineer-in-Charge shall have the power to remodel or
reconstruct such huts and sanitary arrangements according to approved standards at the cost
of the contractor(s).
SIGNATURE OF THE CONTRACTOR WITH SEAL
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15 SECURITY AND PROTECTION:

(i) All fences, trees, shrubs, grass, lawns and other surfaces about the buildings or
approaches thereto, which are required to be maintained are to be kept free from damage
due to operations in connection with the work, at contractor’s expense.

(ii) The Contractor shall, at his expense, protect all projecting sills, jambs, copings, stone or
concrete treads and mouldings and all concrete steps, woodwork and joinery and the like
from injury during the progress of the work by rough timber casings securely fixed. The
contractor shall at his cost protect joinery and make good all damage to same from any
cause whatsoever during the performance of the contract and leave perfect to the
satisfaction of the Company at completion. Before possession, the Contractor must see
that all doors, windows, and ventilators, etc., work easily and shall make all necessary
adjustments.

16. INDEMNITY BOND:


Contractor shall sign an Indemnity Bond in an approved format as per Appendix 10
before starting the work, indemnifying the Company and the Architect from any
damages, prosecution, other legal suits and claims arising out of any mishaps occurring at
the site due to faulty work, faulty construction and for violating rules and regulations for
which the contractor shall be solely responsible.

17. INCOME TAX DEDUCTIONS/ other Statutory deductions :


Appropriate deduction as per relevant Income Tax applicable at the time shall be made on
the bills submitted by the contractor and such deducted amounts shall be remitted to the
respective tax authorities.

18. WORKS AND SITE TO BE KEPT AND DELIVERED UP CLEAN:


All shavings, cuttings and other rubbish as it accumulates shall be cleaned from time to
time during the progress of the work and at completion, including that of sub-contractors
and special Tradesmen to be cleared and carted away and all materials rejected by the
Company to be removed. Contractor’s quoted rates shall allow for these factors.

18.1 USEFUL EXCAVATED AND DISMANTLED MATERIALS:


Should suitable sand or gravel or murum or rock be found in the excavation and the
contractor be allowed to use the same in the work, he will be required to pay the
Employer the full market value of the same. Any sand, gravel, murum or rock taken
from the Excavation will remain the property of the Company and in the event of it not
being allowed to be used in the work, the Company reserves the right to dispose it off in
any way as it deem fit.

19. TOOLS FOR MASONS:

Every bricklayer or plaster on the work shall be provided with suitable level battens,
trowels, wooden floats and breaking hammers for cutting brink and templates, to enable
him to carry out the work in a neat and workmanlike manner, and each gang of brink
layers or plasterer not exceeding six in numbers shall be provided with a suitable
SIGNATURE OF THE CONTRACTOR WITH SEAL
Page 37
measuring rule, a plumb bob, a spirit level and a square in addition to the above
mentioned, all to be to the approval of the Company.

20. INSPECTIONS AND MEASUREMENTS:

a) The contractor or his representative shall accompany the Company’s representative/


Site Engineer when required to do so and assist in taking the measurements and shall
agree to the measurements recorded on the spot.
b) If the Contractor fails to accompany the Company’s representative/ Site engineer or
any other person that has been duly authorized by the Company to take
measurements then in such a case the measurements recorded by the Company’s
representative/ site engineer shall be binding on the Contractor.
c) All measuring tapes shall be steel and scaffolding and ladders that may be required
for taking measurements shall be supplied by the Contractor, at his expense.
d) The contractor or his representative shall provide all the assistance for the and
accompany the Company’s representative/ site engineer for carrying out the
inspections of the work.

21. SERVICE AND ADVICE BY CONTRACTOR TO EMPLOYER:


The contractor shall place at the disposal of the Company the services and the advice of
himself and his staff of Engineers, Managers, suppliers/buyers of materials, foreman of
trades or to other skilled persons employed by him for compliance of this contract.

22. NO OVER LOADING OF SLABS:


Floors of buildings under construction shall not be loaded by stacks or materials during
construction without the prior approval of the Company. It is important that no load
comes on the reinforced concrete floors until they are at least three weeks old and at no
time must be load placed upon them exceed the load for which they are designed.

23. ALTERNATIVE ITEMS:


In regard to alternate and 'rate only' items if any specified in the Schedule of Quantities,
Contractor should note that the Company reserves the right to order the principal item or
its alternatives to any extent entirely at the Company’s discretion.

24. PROVISIONAL ITEMS:


If ordered by the Architect, Contractor shall be required to carry out provisional sum
items at the same conditions and rates as applicable for this contract.

25. COORDINATION OF WORKS:

CO–ORDINATION: There will be Separate Tenders for the following or any other
specialized works / Items. The contractor is required to Co-ordinate & co-operate with all
other agencies that are awarded with such other works during the entire project execution.
Few such Special works/ Items are interior works, Lift installation, Fire Fighting System,
Generator, & Transformer installation works, Air Conditioning etc.

SIGNATURE OF THE CONTRACTOR WITH SEAL


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26. MEASUREMENTS OF ALL CONCEALED ITEMS TO BE RECORDED PRIOR
TO COVERING UP: Measurements of all items of work including extra items, if any,
such as, work in foundations, including excavations, plinth filling, masonry concrete etc.,
steel in all R.C.C. works, pipes to be encased etc., shall be got recorded from the
authorized Companys representative by the contractor before they are covered up.
Immediately the work is ready for measurements, contractors will give specific notice to
Company for recording the measurements, the Contractor will refer the matter to the
Company for instructions, but in no case shall cover up the work without his permission.

27. OCCUPATION BY EMPLOYER: The Company reserves the right to occupy the
building in parts as and when completed, as may be considered by the Company and
reasonable and without hindrance to the contractor’s progress.

28. MINIMUM REQUIREMENTS OF THE TECHNICAL STAFF: Unless otherwise


stated, contractor should note that irrespective of the fact whether the proprietor himself
is a qualified Engineer or not he shall engage a qualified resident Engineer having a
recognized Degree/ Diploma in Civil Engineering and a minimum of 5 years’ experience
at construction site/s on similar works. Failing which Company shall appoint a Civil
Engineer on behalf of the contractor and shall deduct a salary amount of minimum
Rs.20,000/-per month from his running bills, from the date of his non-availability of
qualified Civil Engineer at site.

29. GUARANTEE FOR SPECIAL WORKS: For special works like water proofing
works, guarantee issued by the special agencies who are engaged for such works by the
contractor, shall be submitted to the Company. For waterproofing a guarantee of 5 years
shall be provided by the contractors. Such guarantees shall be submitted in the approved
format of Company and the contractor shall be responsible for any breach in such
guarantee terms.

30. APPROVED MAKE OF MATERIALS

The make of the material to be used in the works shall be as per list of approved makes
detailed in Appendix 11 and as per sample got approved from the Company . A set of
specimen samples of all approved materials shall be kept at site or any designated branch
of the Company. The cost of which shall be borne by the Contractor.

All other materials to be used in the works but not covered above but specified in the
schedule of quantities (SOQ ) including items beyond SOQ shall also be of best of its
kind and shall conform to the CPWD specifications and latest Indian Standard
Specifications in every respect wherever available and shall have the approval of the
Company.

31. SANITARY, DRAINAGE WORKS

The general character and the scope of works to be carried out under this contract is
illustrated in the Specifications attached herewith. The contractor shall carry out and

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 39
complete the said work under this contract in every respect in conformity with the rules
and regulations of the local authority. The contractor shall furnish all labour, supply and
install all materials appliances, tools, equipment necessary for the complete provision and
testing of the whole plumbing and services installation as specified herein and as per the
relevant ISI codes and shown on the drawings. This also includes any material,
appliances, equipment not specifically mentioned herein or noted on the drawings as
being furnished or installed but which necessary and customary to make complete
installation as shown on the drawings or described herein properly connected and in
working order.

In general the work to be performed under this contract shall comprise of the following.

a) All incidental jobs connected with plumbing services installation, such as


excavation in trenches and back filling, cutting chases in concrete and brick and
making good, cutting/ drilling holes through walls, floors and grouting and for
fixing of fixtures equipment etc.,
b) Furnish and install a complete workable, plumbing services installation as shown on
the drawings and described in this specification and as per the latest ISI
specifications including all that which is reasonably inferred.
c) Complete installation of internal and external water supply system
d) Complete installation of sewerage and sewerage appurtences internally as well as
around the building
e) Complete installation of all sanitary and plumbing fixtures
f) Cooperation with other crafts in putting the installation in place: Any work done
without regard or consultation with other trades, shall be removed by the contractor
without additional cost to the owner to permit proper installation of all other work,
as desired by the Architects.
g) Repair all damages done to the premises as a result of this installation and remove
all debris left by those engaged for this installation to the satisfaction of Employer.
h) Cleaning of plumbing fixtures, showing the satisfactory performance of all the
fixtures at the time, the building is handed over to the owners.
i) It is the responsibility of the contractor to take care of all the fixtures fitted until the
time of handing over to the owners.
j) Painting of all concealed and exposed pipes as specified.
k) Assume full responsibility of all required applications and cost, to connect to
corporation water mains, sewers and storm water drains to the extent these are
applicable to this installation.

32. ESCALATION:
The rate quoted shall be firm throughout the tenure of the contract including extension of
time, if any, granted and will not be subject to any fluctuation due to increase in cost of
materials, labour, sales tax, VAT , works contract tax, octroi, etc. or any other tax. There
shall be NO ESCALATION on the quoted rates.

The basic rates indicated in bill of quantities for material is only to facilitate the
Company to select the material. Any variation in the market price shall be absorbed by
the contractor & no extra is payable by Company.

SIGNATURE OF THE CONTRACTOR WITH SEAL


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33. CORDINATION OF WORKS
Work involves execution in residential complex which are fully occupied, it is intended to
undertake works with minimum disturbance to the occupants and maintaining hygienic
conditions. Hence the execution needs to be carried out meticulously with proper co-
ordination and planning. Further the work needs to be carried out with co-ordination with
other agencies and Company's watch & ward / security authorities.

Signature of the Tenderer/Contractor


With name and address

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 41
APPENDIX-1

IMPORTANT TERMS

1 Period of Completion : As mentioned in Notice Inviting Tender

2 Defects Liability Period (DLP) : One year from the date of Completion of
work unless otherwise specified.

3 Date of Commencement : Seventh day from the date of work order

4 Liquidated Damages for Delay : As mentioned in the Clause no.15

5 Period of final measurement : 20 (Twenty) days.

6 Value of work for claiming the : Minimum of Rs. 15 lakhs based on the
Interim/ Running Account Bills accepted measurements.

7 Period of honouring interim Certificate : 15 days from the date of receipt of bill
based on accepted measurements.

8 Period of honouring Final Certificate : 30 (Thirty days) from the date of receipt of
bill based on accepted measurements.

9 Retention Money : 8% of Interim Bill amount subject to the


ceiling of the total security deposit

10 Total Security Deposit (Maximum) : As per clause no. 11 of General


conditions

11 Initial Security Deposit : 2% of accepted tendered sum including


EMD

SIGNATURE OF CONTRACTOR

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 42
APPENDIX-2

RUNNING ACCOUNT BILL FORMAT

1. Name of work :
2. Name of Contractor :
3. Accepted contract amount :
4. Date of commencement :
5. Stipulated date of completion :
6. Actual date of completion :
7. Extension, if any :
8. Insurance valid upto :
a) Workmen Compensation Act
b) Contractor’s all risk Comprehensive
10. Labour license no. and date & valid upto :
11. Serial no. of this bill :
12. No. & date of this bill :
13. Ref. to agreement no. :
14. Initial security deposit including E.M.D. :
15. Total retention money excluding :
E.M.D. as per contract

16. Total retention money excluding :


which this bill has been prepared
(Date to be mentioned)

All bill abstracts shall be submitted in the following -


Previous Bill Current Bill Cummulative
As per Tender Bill
Tender Item Qty Rate Amount Qty Amount Qty Amount Qty Amount
item Description

Note: i) if part rate is allowed for any item, it should be indicated with reasons
ii) if ad-hoc payment is made, it should be mentioned specially.

Signature of the Contractor

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 43
APPENDIX - 3

PERFORMANCE GUARANTEE FORMAT

DELETED

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 44
APPENDIX -4

MEMORANDUM FOR PAYMENT

RUNNING BILL NO. __________________

1. Total amount due since previous bill (A+B). Rs._____________(C)


2. P.V.A. on account of escalation in price of Steel, Cement.
(+) Rs. _______________________ (D)_____________________________
3. Total amount due to the contractor (C+D)
Rs. ____________________ (E)

DEDUCTIONS

i. Secured advance paid in the previous R/A Bill. Rs.____________

ii. Retention money on value of work as per accepted tenders upto date
Rs. ______________
Less : Already recovered (-) Rs. _______________
Balance to be ________________
Recovered Rs. ______________ Rs. ______________
iii. Mobilization Advance, if any
a) Outstanding amount (Principal + int.) as on date. Rs. ____________
b) To be recovered in this bill. Rs. ___________________

iv. Any other Departmental material cost to be recovered as per contractor, if any
________________________________Rs.
v. Any other Departmental Material service charges to be covered if any, as per contractor
(water, power, etc.) Enclosed statements.Rs._________________
Total Deduction as per contract Rs. ____________________
(-) Rs. ________________ (F)

Net amount payable as per contract (E-F) Rs. ____________________


(Rupees ___________________________________________________) in words.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 45
APPENDIX- 5
CERTIFICATE
1. The measurements on the basis of which the above entries the Running Bill no.
_____________ were made have been jointly on ____________________ and are
recorded at pages _____________ to ____________of measurements book no.
____________
2. The work recorded in the above-mentioned measurements been done at the site
satisfactorily as per tender drawn conditions and specifications.

________________ _________________ __________________


Signature of Contractor Signature of Signature of Architect
Site Engineer

3. We hereby certify that an amount of Rs. _______________________ (Rupees


________________________________________________ only) may be paid M/s
_________________________ against bill no. ________________ dated
_______________________________ as per details shown vide our letter no.
___________dated ___________ subject to verification of pervious payments. If any,
made to them on this account of materials supplied to the Contractor, if any, and any
other tax deductions as per rule, the total payment including this should not, however,
Rs. ________________
__________________
Signature of Architect
Date:
Place:

STATUTARY DEDUCTIONS:

1. Total amount due (E) Rs. ____________________


2. Less: I.T. payable Rs. ____________________
Net payable Rs. ____________________
The figures given in the memorandum for payment has been certified and the bill passed for
payment ___________________________________ towards and figures.

_____________________
Signature of the Employer
Date: _________________

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 46
APPENDIX-6
CONTRACT AGREEMENT FORMAT
This agreement made on this ________ day of the month of ____ in the year two thousand
nineteen (__/___/2021) BETWEEN, M/S. Canbank Venture Capital Fund Limited, a
limited liability company incorporated under the provisions of the Companies Act 1956,
having its registered office at VI Floor, Naveen Complex, No. 14, M. G. Road,
Bangalore 560 001., its duly constituted attorney (hereinafter referred to as Company) of the
ONE PART ;
AND
M/s.__________________ duly represented by one of its Proprietor/Partner ____________,
aged _____years, S/o Sri ______________, residing at ________________________ and
having their office at ________________________________________ (hereinafter called
the Contractor) of the other part.
WHEREAS THE Company is desirous of undertaking the …………………….and has
accepted the tender opened on _______2021 submitted by the contractor & the contractor
has agreed to perform as set out and subject to the terms & conditions set forth in the
said documents mentioned herein under.

NOW THIS AGREEMENT WITNESSETH as follows:


1. In this agreement words and expression shall have the same meanings as are respectively
assigned to them in the conditions of contract hereinafter referred to.
2. The following documents not inconsistent with these presents shall be deemed to form and
be read and construed as part of this agreement viz. The Tender Document comprising
Notice Inviting Tender, General Rules & Instructions to Tenderers, Tender Form, General
Conditions of Contract, Special Conditions of Contract, Appendix 1 to Appendix 11, Bill of
Quantities, Tender drawings.
c) Corrigendum to tender document if any.
e) Letter from contractor dt. ___________ in response to the negotiation meeting discussions
held on _________
f) Letter of Acceptance issued to contractor by Company – letter No._________ DT
________.
g) Letters from and to the Contractor, if any, leading to and prior to acceptance letter.

3. In consideration of the payments to be made by the Company to the Contractor the


Contractor hereby covenants and agrees with the Company to construct, complete and
perform the works in conformity in all respects and subject to all terms and conditions/rules
as mentioned in the aforesaid documents which shall from part of this agreement.
In witness whereof, the parties hereunto have set their respective hands and seals the day and
year first above written.

For & on behalf of the For & on behalf of the


Contractor with seal Canbank Venture Capital Fund
Ltd. with seal

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 47
APPENDIX-7
FORMAT FOR RATE ANALYSIS OF ITEMS

I. MATERIAL

1. Basic Cost of Material Rs. ______________


2. Wastage – 5% - Rs._______________

II. Labour: As per Standard - Rs._______________


Labour output and labour input required for the Particular item using quoted
labour rates.

III. Machinery / Tools - Rs._______________


Inputs of Machinery / Tools requirements as per
the item and hire charges as per market.

TOTAL (I) + (II) + (III) Rs._____________

IV. Tax Liability


[as per contractual clauses will be added] - Rs.

V. Add – ½ % for water charges - Rs.____________


½ % for Electricity - Rs.

VI Any other Expenditure (please specify) Rs._______________


TOTAL
Contractor Profit & OH – 15% - Rs. ______________

GRAND TOTAL - Rs. ______________

TDS will be deducted as per standard norms and recovery shall be made for water and
electricity as per tender conditions.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 48
APPENDIX -8
SAFETY CODE

SCAFFOLDS

i) Suitable scaffolds shall be provided for workmen for all works that cannot safely be done
from the ground, or from solid construction except in the case of short duration work,
which can be done safely from ladders. When a ladder is used, it shall be of rigid
construction made either of good quality wood or steel. The steps shall have a minimum
width of 450 mm and a maximum rise of 300 mm. Suitable hand holds of good quality
wood or steel shall be provided and the ladder shall be given an inclination not steeper
than ¼ to 1 (¼ horizontal and 1 vertical).

ii) Scaffolding or staging more than 4 m. above the ground floor, swung or suspended from
an overhead support or erected with sanitary support shall have a guard rail properly
bolted, braced or otherwise secured, at least 1 m. above the floor or platform of such
scaffolding or staging shall be so fastened as to prevent it from swaying from the building
or structure.

iii) Working platforms, gangways and stairways shall be so constructed that they do
no sag unduly or unequally and if the height of the platform, gangway or stairway is more
than 4 m. above ground level or floor level, they shall be closely boarded and shall have
adequate width and be suitably fenced as described in (ii) above.

iv) Every opening in the floor of a building or in a working platform with suitable means to
prevent the fall of persons or materials or railing whose minimum height shall be 1.00m.
Whenever there are open excavations in ground, they shall be fenced off by suitable
railing and danger signals installed at night so as to prevent persons slipping into he
excavations.

v) Safe means of access shall be provided to all working places. Every ladder shall
be securely fixed. No portable single ladder shall be over 9 m. in length while the width
between side rails in rung ladder shall in no case, be less than 290 mm, for ladder up to
and including 3 m. in length. For longer ladders this width shall be increased at least 20
mm for each additional meter of length.

vi) A sketch of the ladders and scaffolds proposed to be used shall be prepared and approval
of the Engineer obtained prior to construction.

Other Safety Measures

vii) All personnel of the contractor working within the plant site shall be provided with
safety helmets. All welders shall wear welding goggles while doing welding work and
all metal workers shall be provided with safety gloves. Persons employed on metal
cutting and grinding shall wear safety glasses.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 49
viii) Adequate precautions shall be taken to prevent danger from electrical equipment. No
materials on any of the sites of work shall be so stacked or placed as to cause danger or
inconvenience to any person or the public.

Excavation & Trenching

ix) All trenches, 1.25 m. or more in depth shall at all times be supplied with at least one
ladder for each 30 m. in length or fraction thereof. The ladder shall be extended from
bottoms of the trench to at least 1 m. above the surface of the ground. Sides of trenches
which are1.5 m. or more in depth shall be stepped back to give suitable slope or
securely held by timber bracing so as to avoid the danger of sides collapsing. The
excavated materials shall not be placed within 1.5 m. of the edges of the trench or half
of the depth of the trench whichever is more. Cutting shall be done from top to bottom.
Under no circumstances undermining or undercutting shall be done.

x) The contractor shall take all measures on site of the work to protect the public from
accidents and shall be bound to bear the expenses of every suit, action or other
proceedings at law that may be brought by any persons for injury sustained owing to
neglect of the precautions and to pay any such persons or which may with the consent
of contractor, be paid to compromise any claim by any such person.

Demolition

xi) Before any demolition work is commenced and also during the process of the work.
a) All roads open areas adjacent to the work site shall either be closed or protected.
b) No electric cable or apparatus, which is liable to be a source of danger over a cable or
apparatus used by the operator, shall remain electrically charged.
c) All practical steps shall be taken to prevent danger to persons employed from the risk
so over loaded with debris or materials as to render it unsafe.

Personal Safety Equipments

All necessary personal safety equipment as considered adequate by the Engineer should be
kept available for the use of the person employed on the site and maintained in a
condition suitable for immediate use, and the contractor should take adequate steps to
ensure proper use of equipment by those concerned.

a) Workers employed on mixing asphaltic materials, cement and lime mortars shall be
provided with protective footwear and protective goggles.
b) Those engaged in white washing and mixing or stacking of cement bags or any
materials, which are injurious to the eyes, shall be provided with protective goggles.
c) Those engaged in welding works shall be provided with welder’s protective eyesight
lids.
d) Stonebreakers shall be provided with protective goggles and protective clothing and
seated at sufficiently safe intervals.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 50
e) When workers are employed in sewers and manholes, which are in use, the contractor
shall ensure that the manhole covers are opened and are ventilated at least for an hour
before the workers are allowed to get into manholes and the manholes so opened
shall be cordoned off with suitable railing and provided with warning signals or
boards to prevent accident to the public.
f) The contractor shall not employ men below the age of 18 years. Women of any age
shall not be engaged for the work of painting with products containing lead in any
form. Whenever men above the age of 18 years are employed on the work of lead
painting the following precautions should be taken.
g) No paint containing lead or lead products shall be used except in the form of paste or
ready-made paint.
h) Suitable facemasks should be supplied for use by the workers when paint is applied
in the form of spray or a surface having lead paint dry rubbed and scraped.
i) Overalls shall be supplied by the contractor to the workmen and adequate facilities
shall be provided to enable the working painters to wash during the cessation of
work.
j) When the work is done near any public place where there is risk of accidents all
necessary equipments should be provided and kept ready for use and all necessary
steps taken for prompt rescue of any person in danger and adequate provision
should be made for prompt first aid treatment of all injuries likely to be sustained
during the course of the work.

Hoisting Machines
Use of hoisting machines and tackle including their attachments anchorage and supports shall
conform to the following standards or conditions.

1. (a) These shall be of good mechanical constructions, sound materials and


adequate strength and free from patent defect and shall be kept in good working
condition with necessary preventive maintenance
(b) Every rope used in hoisting or lowering materials or as means of suspension
shall be of durable quality and adequate strength and free from patent defects.
2. Every crane driver or hoisting appliance operator shall be properly qualified and
no person under the age of 21 years shall be anchorage of any hoisting machine
including any scaffolding without signals to operator.
3. In case of every hoisting machine and of every chain ring hook, shackle shovel
and pulley block used in hoisting or as means of suspension the safe working load
shall be ascertained by adequate means. Every hoisting machine and all gear referred
to above shall be plainly marked with the safe working load, each safe working load
and the conditions under which it is applicable shall be clearly indicated. No part of
any machine or any gear referred to above in this paragraph shall be loaded beyond
the safe working load except for the purpose of testing.
4. In case of department machines, the safe working load shall be notified by the
Engineer. As regards contractor’s machines, the contractor shall notify the safe
working load of the machine to the Engineer whenever he brings any machinery to
site of work and get it verified by the Engineer concerned.

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 51
a) Motors, gearing transmission, electric wiring and other dangerous parts of
hoisting appliances should be provided with efficient safeguards, hoisting
appliances should be provided with such means as will reduced to minimum of
risk of any part of a suspended load becoming accidentally displaced. When
workers are employed on electrical installations, which are already energized,
insulating mats, wearing apparel such as gloves, sleeves and boots as may be
necessary, should be provided. The workers should not wear any rings, watches
and carry keys or other materials, which are good conductors of electricity.

b) All scaffolds, ladders and other safety devices mentioned or described herein
shall be maintained in safe condition and no scaffold, ladder or equipment shall
be altered or removed while it is in use. Adequate washing facilities should be
provided near the place of work.

These safety provisions should be brought to the notice of all concerned by display on a
notice board at a prominent place at work spot. The person responsible for compliance of the
safety code shall be named therein by the contractor.

To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the contractor shall be open to inspection by the Labour Officer,
Engineers of the Department or their representatives.

Not withstanding the above clause from (i) to (xv), there is nothing in these to attempt the
contractor from the operation of any other Act or Rule in force in the Republic of India.

Witness Signature of Contractor


Address:

SIGNATURE OF THE CONTRACTOR WITH SEAL


Page 52
APPENDIX - 9

MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY


ARRANGEMENTS FOR WORKERS EMPLOYED BY CONTRACTOR

1. APPLICATION
These rules shall apply to all buildings and construction works in charge of the Company in
which twenty or more workers are ordinarily employed or are proposed to be employed in
any day during the period during which the contract work is in progress.

2. DEFINITION
Work place means a place where twenty or more workers are ordinarily employed in
connection with construction work, on any day during the period, during which the contract
work is in progress.

3. FIRST-AID FACILITIES
i) At every work place there shall be provided and maintained, so as to be easily accessible
during working hours, first aid boxes at the rate of not less than one box for 150-contract
labour or part thereof ordinarily employed.

ii) The first-aid box shall be distinctly marked with a red cross on white back ground and
shall contain the following equipment: -

a) For work places in which the number of contract labour employed does not exceed 50-
Each first-aid box shall contain the following equipment: -
1. 6 small sterilised dressings.
2. 3 medium size sterilised dressings.
3. 3 large size sterilised dressings.
4. 3 large sterilised burn dressings.
5. 1 (30 ml.) bottle containing a two percent alcoholic solution of iodine
6. 1 (30ml) bottle containing salvolatile having the dose and mode of
administration indicated on the label.
7. 1 snakebite lancet.
8. 1 (30gms.) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1 copy of the first-aid leaflet issued by the Director General, Factory
Advice, Service and Labour Institute, Government of India.
11. 1 Bottle containing 100 tablets (each of 5 gms.) of aspirin.
12. Ointment for burns.
13. A bottle of suitable surgical antiseptic solution

b) For workplaces in which the number of contract labour exceeds 50- Each first–aid- box
shall contain the following equipment.
1. 12 small sterilised dressing.
2. 6 medium size sterilised dressings.
3. 6 large size sterilised dressings.
4. 6 large size sterilised burn dressings.
5. 6 (15-gms.) packets sterilised cotton wool.
SIGNATURE OF THE CONTRACTOR WITH SEAL
Page 53
6. 1 (60 ml.) bottle containing two percent alcoholic solution iodine.
7. 1 (60-ml.) bottle containing salvolite latile having the dose
And mode of administration indicated on the label.
8. 1 roll of adhesive plaster.
9. 1 snake bite lancet.
10. 1 (30 gms.) bottle of potassium permanganate crystals.
11. 1 pair of scissors.
12. 1 copy of the first-aid leaflet issued by the Director General Factory Advice Service
and Labour Institute/ Government of India.
13. A bottle containing 100 tablets (each of 5 gms.) of aspirin.
14. Ointment for burns.
15. A bottle of suitable surgical antiseptic solution.

iii) Adequate arrangements shall be made for immediate


recoupment of the equipment when necessary.
iv) Nothing except the prescribed contents shall be kept in the First-
aid box.
v) The first-aid box shall be kept in charge of a responsible person
who shall always be readily available during the working hours at the work place.
vi) A person in charge of the first-aid box shall be a person trained in First-Aid reatment, at
the work places where the number of contract labour employed is 150 or more.
vii)Where work places are situated in places, which are not towns or cities, a suitable motor
transport shall be kept readily available or necessary arrangements shall be made to
carry injured person or person suddenly taken ill to the nearest hospital.

4. DRINKING WATER
i) In every work place, there shall be provided and maintained, at suitable places, easily
accessible to labour, a sufficient supply of cold water fit for drinking.
ii) Where drinking water is obtained from an intermittent public water supply, each work
place shall be provided with storage where such drinking water shall be stored.
iii) Every water supply or storage shall be at a distance of not less than 50 feet from ny
latrine drain or other source of pollution.

5. WASHING FACILITIES
i) In every work place adequate and suitable facilities for washing shall be provided and
maintained for the use of contract labour employed therein.
ii) Separate and adequate cleaning facilities shall be provided for the use of male and female
workers.
iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic
condition.

6. LATRINES AND URINALS

i) Latrines shall be provided in every work place on the following scale namely:-
a) Where female are employed there shall be at least one latrine for every 25 females.

b) Where males are employed, there shall be at least one latrine for every 25
males.Provided that where the number of males or females exceeds 100, it shall be
SIGNATURE OF THE CONTRACTOR WITH SEAL
Page 54
sufficient if there is one latrine for 25 males or females as the case may be upto the
first 100, and one for every 50 thereafter.

ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall
have a proper door and fastenings.

iii) Construction of latrines: The inside walls shall be constructed of masonry or


some suitable heat-resisting nonabsorbent materials and shall be cement washed
inside and outside at least once a year. Latrines shall not be of a standard lower
than bore-hole system.

iv)

a. Where workers of both sexes are employed, there shall be displayed outside
each block of latrine and urinal, a notice in the language understood by the
majority of the workers “For Men only” or “For Women only” as the case
may be.

b. The notice shall also bear the figure of a man or a woman, as the case may be.

v) There shall be at least one urinal for upto 50 number of male workers and one for
upto 50 number of female workers employed at a time, provided that where the
number of male or female workers, as the case may be, exceeds 500, it shall be
sufficient if there is one urinal for every 50 males or females, upto the first 500 and
one for every 100 or part thereafter.

vi)
a. The latrines and urinals shall be adequately lighted and shall be maintained in
a clean and sanitary condition at all times.

b. Latrines and urinals other than those connected with a flush sewage system
Shall comply with the requirements of the Public Health Authorities.

vii) Water shall be provided by means of tap or otherwise so as to be conveniently


accessible in or near the latrines and urinals.

viii) Disposal of excreta: - Unless otherwise arranged for by the local sanitary
authority, arrangements for proper disposal of excreta by incineration at the work
place shall be made by means of a suitable incinerator. Alternately excreta may be
disposed off by putting a layer of night soil at the bottom of a pucca tank prepared
for the purpose and covering it with a 15 cm. layer of waste or refuse and then
covering it with a layer of earth for a fortnight (When it will turn to manure).

ix) The contractor shall at his own expense, carry out all instructions issued to him by
the Engineer-in-Charge to effect proper disposal of night soil and other
conservancy work in respect of the contractor’s workmen or employees on the
site. The contractor shall be responsible for payment of any charges, which may

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be levied by Municipal or Cantonment Authority for execution of such on his
behalf.

7. PROVISION OF SHELTER DURING REST


At every place there shall be provided, free of cost, four suitable sheds, two for meals and
the other two for rest separately for the use of men and women labour. The height of each
shelter shall not be less than 3 metres (10 ft.) from the floor level to the lowest part of the
roof. These shall be kept clean and the space provided shall be on the basis of 0.6 sq. m.
(6 sft.) per head. Provided that the Company may permit subject to his satisfaction, a
portion of the building under construction or other alternative accommodation to be used
for the purpose.

8. CRECHES
I. At every work place, at which 20 or more women worker are ordinarily employed,
there shall be provided two rooms of reasonable dimensions for the use of their
children under the age of six years. One room shall be used as a playroom for the
children and the other as their bedroom. The rooms shall be constructed with
requisite specifications.
II. The rooms shall be provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweepers to keep the places clean.
III. The contractor shall supply adequate number of toys and games in the playroom and
sufficient number of cots and beddings in the bedroom.
IV. The contractor shall provide one ayah to look after the children in the crèche when the
number of women workers does not exceed 50 and two when the number of women
workers exceeds 50.
V. The use of the rooms earmarked as crèches shall be restricted to children, their
attendants and mothers of the children.

9. ANTI-MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-malarial instructions given to
him by the Company including the filling-up of any borrow pits which may have been
dug by him.

10. The contractor shall ensure that at the construction site of The Building or other
construction work, adequate safety measures are taken to protect The Building workers
against any accident etc. The adequate safety measures in conformity with the
provisions of Part III of The Building and Other Construction Workers (Regulation of
Employment and condition of service) Central Rules 1998 should be provided in
addition to the safety measures laid down hereunder: In case of any discrepancy, the
safety measures as per Part III of The Building and Other Construction Workers
(Regulation of Employment and condition of service) Central Rules 1998 shall
supercede.
70MODEL RULES B S N L
11. Notwithstanding the provisions made above, the contractor shall be liable for levy of any
penalty in case he fails to meet the requirements of The Building and Other Construction
Workers (Regulation of Employment and condition of service) Act, 1996 and The

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Building and Other Construction Workers (Regulation of Employment and condition of
service) Central Rules 1998.

12. The above rules shall be incorporated in the contracts and in notices inviting tenders and
shall form an integral part of the contracts.

13. AMENDMENTS
Company may, from time to time, add to or amend these rules and issue directions it
may consider necessary for the purpose of removing any difficulty, which may arise in
the administration thereof.

****************

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APPENDIX – 10
INDEMNITY BOND FORMAT

THIS DEED OF INDEMNITY BOND executed at Bangalore on this _________ day of


________ month of year two thousand and Twenty one (2021) by M/s __________________
duly represented by proprietor / one of its partners Sri _____________, aged _____ years,
son of Shri ______________, residing at ____________________________________..

In favour of

M/S. Canbank Venture Capital Fund Limited, a limited liability company incorporated under
the provisions of the Companies Act 1956, having its registered office at VI Floor, Naveen
Complex, No. 14, M. G. Road, Bangalore 560 001.

Where as I am the authorised partner of M/s _______________________, and had applied


for prequalification of contractors for …………………..

Whereas my/our company/firm was shortlisted for issue of tenders and my company became
successful in securing the subject work through competitive tendering and the work of
……………………….. has been awarded in our favour by Canbank Venture Capital Fund
Ltd.vide their letter ……..

And where as for undertaking the ………………………………………….work, my


company has entered into contract agreement with Canbank Venture Capital Fund Ltd. on
___________.

Now this Deed Witnessed that in pursuance of the aforesaid contract agreement dt.
__________ and in consideration of Canbank Venture Capital Fund Ltd. having agreed to
make payments on the bills claimed by me/my company based on the works completed by
me/my company in respect of …………………………………and referred to above, I
hereby undertake to indemnify and keep harmless the Canbank Venture Capital Fund Ltd. &
its Architect from any damages, prosecution, other legal suits and claims arising out of any
mishaps occurring at the site due to faulty work, faulty construction and for violating rules
and regulations, any possible damage to the building and members of public in course of
execution of the work for which I shall be solely responsible.

Signature of Contractor with seal

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APPENDIX -11
APPROVED BRANDS & MATERIALS
Unless otherwise mentioned specifically, the contractor should get the approval of the
Company before using the materials. All makes/ brands shall be BIS marked wherever
applicable and shall be of the First Quality. Wherever contractor proposes to use equivalent
makes (i.e. other than specified), the same shall be done only after prior approval of the
Company. Any additional expenditure and time due to this shall be solely on contractor’s
account and no claims whatsoever shall be entertained.

SNo Materials Approved Make / Brands


A Civil works  
1 Cement P.P.C/ O.P.C. Grade 43 Ultra tech, Birla, ACC

2 Bricks Ordinary clay bricks of any brand.


3 Syporex brick blocks Shirke or equivalent

4 Polymer Latex, Rust Sunanda, Fosroc, M.C. Bauchemie, Krishna


Removers, Rust Passivator Con chem., Pidilite
Plasticiser, Bonding solution
and Crack filler
5 Waterproofing compound Sunanda, Fosroc, M.C. Bauchemie, Krishna
Con chem, Pidilite
6 White Cement Birla, J.K. White
7 Wall putty Biral, J.K.
8 G.I. pipes Tata ‘C’ class only
9 CPVC/ UPVC pipes Finolex, Astra, Supreme
10 G.I. fittings R brand, Zoloto, Unique
11 Fixtures for CPVC/ UPVC Finolex, Astra, Supreme
pipes
12 Cement based paint Snowcem, Nitcocem
13 Acrylic paint Asian paints Apex, Snowcryl XT
14 Enamel paint/ OBD Asian, Nerolac, berger
15 Tiles/ vitrified tiles Johnson, RAK, Kajaria, Regent (Premium
quality only)
16 Ceramic tiles Johnson, Nitco, Kajaria, Somany, Regent
17 Sanitaryware Hindware, Parryware
18 Plumbing fixtures Jaguar - Continental or equivalent in Marc
19 Stainless Steel Sink Hindware, Nirali, Butterfly, Parryware,
Frankie

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B Furnishing work  
1 Aluminum sections Extruded sections of Jindal,
Hindalco, Indal
2 PVC Flooring Premier vinyl, Krishna Vinyl
3 Glass Asai, Modi, Saint Gobain
4 Door closers, Floor Spring EVERITE, Hyper, Dorma
5 Gypsum Board INDIAN GYPSUM LTD., Saint gobain,
Diaken
6 Mineral fibre False Ceiling
Tiles Armstrong, AMF, Daiken, Ecophan - Gyproc
7 Particle board (exterior grade) Ken board, Euro board
8 Plywood (Marine ply) /
Veneer Samrat, Century, Archid, green
9 Veneer (natural) - 4 mm thk
Samrat, Century, Archid
10 Laminates ( 1mm thk only)
Century Mica, Formica, Greenlam, Merino
11 Adhesive FEVICOL, vamicol, araldite
12 Hardware Godrej, Ebco, HAFELE, Ketch
13 Locks Godrej, ketch, windor
14 Sliding channels Earl Bihari, Everite
15 Wood Preservative Asian, BISON of BRITISH PAINTS
16 Venetian Blinds, rolls VISTA LEVOLOR, Mac, Hunter Douglas
17 Sun control film GARWARE
18 Hinges, Tower Bolts, Handles
BRASS OXIDISED/EPOXY POWDER
COATED (HEAVY DUTY) WITH STEEL
PIN
19 Aluminium Composite Panel Eurobond, Alcobond, Durabuild

20 Teak wood First Quality teak wood

NOTE: Any brands indicated under the items specifications in the bill of quantities will
prevail over the above indicated makes. Apart from the above makes, any further equivalent
make as approved by the Company, can also be used with prior permission from the
Company and Architect.

SIGNATURE OF THE TENDERER

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BILL OF QUANTITIES

The bill of quantities shall be read in conjunction with the drawings, Conditions of and
Specifications as these documents are jointly explanatory and descriptive of the works
included in the Contract.

General directions and descriptions of work and materials given elsewhere in the Contract
documents are not necessarily repeated in the Bill of Quantities, reference is to be made to
the other documents for information.

The Quantities of work and material in the Bill of Quantities are not to be considered as
limiting or extending the scope of work to be done and materials to be supplied by the
contractor. The quantities in the Bill of Quantities are an estimate of the amount of work but
the work will be measured on complete and the contractor will be paid on the actual
measurement of work approved by the Engineer.

Where price have been entered against Lump sum items, payment for such affected items
shall be made in proportion to the extent of which at the time of billing, works have been
done at the discretion of the Engineer.

‘Providing and Fixing’ / ‘Providing and Laying’ / Providing and Erecting’ shall mean that
the contractor has to provide such materials not being procured and borne by the Employer,
but which are required for the item and if no material need be provided by the Contractor, the
rate shall be on for fixing/ laying/ erecting of the component covered in the item.

The work also includes separating and stacking serviceable material anywhere in the
compound as directed and lowering and carting away all unserviceable material debris from
the site.

The acronyms used in the Bill of Quantities.

Sqm Square meter area


m/ rmt Running meter
Kg. Kilogramme
LS Lumpsum
Nos./ No Numbers
Architect/ consultant Architect/ Company Engineer

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