Nit Facadetender

INVITATION OF TENDER FOR SUPPLY AND INSTALLATION OF SEMI UNITIZED
CUTRAIN WALL SYSTEM
FOR
INDIAN INSTITUTE OF MANAGEMENT UDAIPUR, AT VILLAGE BALICHA,

UDAIPUR.
Last date of submission: 9th January 2018 before 1600 hrs
INDIAN INSTITUTE OF MANAGEMENT, UDAIPUR

Permanent Campus, Behind Indo American Public School, Balicha, Udaipur, Rajasthan.
Email: project.office@iimu.ac.in, Website: www.iimu.ac.in
Every care has been taken while preparing this document to cover all necessary
information, matters, specifications, general conditions, special conditions & provisions for
smooth and complete execution of works. However, in case of any omission in the tender/
contract document, the most recent version (as on 31st May 2017) of general conditions of
contract for CPWD Works, 2014 shall be the reference manual.
For Owner Page |1 For Contractor

Summary of Scope of work
This tender is invited for the Supply and Installation of Semi Unitized Curtain wall system
for IIM Udaipur at Balicha.
Site is located along the Ahmedabad Udaipur National Highway (NH) 8 and is well
connected with the city of Udaipur. Total area of the site is approximately 300 acres
(“Site”).

TABLE OF CONTENTS
SECTION 1 7
TECHNICAL PART 7
INFORMATION & INSTRUCTIONS TO TENDERERS FOR E-TENDERING 8
INTEGRITY AGREEMENT 18
BRIEF PARTICULARS OF THE WORK 33
GENERAL GUIDELINES FOR TENDERERS 34
SECTION 2 61
PROFORMA OF SCHEDULES: A TO F 61
SECTION 3 73
GENERAL RULES & DIRECTIONS 73
GENERAL INSTRUCTIONS FOR FILLING OF TENDER: 76
GENERAL INSTRUCTIONS: 77
SECTION 4 80
GENERAL CONDITIONS OF CONTRACT 80

CLAUSE.4.1. EARNEST MONEY 85
CLAUSE.4.2. PERFORMANCE GUARANTEE 86
CLAUSE.4.3. SECURITY DEPOSIT 87
CLAUSE.4.4. COMPENSATION FOR DELAY 88
CLAUSE.4.5. WHEN CONTRACT CAN BE DETERMINED 89
CLAUSE.4.6. WORK CANNOT BE STARTED DUE TO REASONS NOT WITHIN THE CONTROL OF THE
CONTRACTOR. 91
CLAUSE.4.7. CONTRACTOR LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT TAKEN AS

91
CLAUSE-4.6 91
CLAUSE.4.8. TIME AND EXTENSION FOR DELAY 92
CLAUSE.4.9. MEASUREMENT OF WORK DONE 93
CLAUSE.4.10. COMPUTERIZED MEASUREMENT BOOK 94

CLAUSE.4.11. PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCES 96
CLAUSE.4.12. COMPLETION CERTIFICATE AND COMPLETION PLANS 98
CLAUSE.4.13. CONTRACTOR TO KEEP SITE CLEAN 98
CLAUSE.4.14. PAYMENT OF FINAL BILL 99
CLAUSE.4.15. MATERIALS SUPPLIED BY OWNER 99
CLAUSE.4.16. MATERIALS TO BE PROVIDED BY CONTRACTOR 99
CLAUSE.4.17. SECURED ADVANCE ON NON-PERISHABLE MATERIALS 101
CLAUSE.4.18. MOBILIZATION ADVANCE 101
CLAUSE.4.19. PAYMENT DUE TO VARIATION IN PRICES OF MATERIALS AFTER RECEIPT OF TENDER

101
CLAUSE.4.20. DISMANTLED MATERIAL OWNER’S PROPERTY 101
CLAUSE.4.21. WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, AND

ORDERS ETC. 102
CLAUSE.4.22. DEVIATIONS / VARIATIONS EXTENT AND PRICING 102
CLAUSE.4.23. FORECLOSURE OF CONTRACT DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF

WORK(S). 105
CLAUSE.4.24. CARRYING OUT PART WORK AT RISK & COST OF CONTRACTOR. 106
CLAUSE.4.25. SUSPENSION OF WORK 107
ACTION IN CASE WORK NOT DONE AS PER SPECIFICATIONS 109
CLAUSE.4.26. CONTRACTOR LIABLE FOR DAMAGES/ DEFECTS DURING DEFECTS LIABILITY PERIOD
110
CLAUSE.4.27. CONTRACTOR TO PROVIDE TOOLS & PLANTS ETC. 110
CLAUSE.4.28. RECOVERY OF COMPENSATION PAID TO WORKMEN 111
CLAUSE.4.29. ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS 111
CLAUSE.4.30. LABOUR LAWS TO BE COMPLIED WITH, BY THE CONTRACTOR 112
CLAUSE.4.31. MINIMUM WAGES ACT TO BE COMPLIED WITH 118
CLAUSE.4.32. WORK NOT TO BE SUBLET 118
CLAUSE.4.33. COMPENSATION 118
CLAUSE.4.34. CHANGES IN FIRM’S CONSTITUTION TO BE INTIMATED 119

CLAUSE.4.35. WORKS TO BE EXECUTED UNDER THE CONTRACT 119
CLAUSE.4.36. SETTLEMENT OF DISPUTES & ARBITRATION 119
CLAUSE.4.37. CONTRACTOR TO INDEMNIFY OWNER AGAINST PATENT RIGHTS 121
CLAUSE.4.38. ACTION WHERE NO SPECIFICATIONS ARE SPECIFIED 121
CLAUSE.4.39. WITHHOLDING AND LIEN IN RESPECT OF SUM DUE FROM CONTRACTOR 121
CLAUSE.4.40. LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS 122
CLAUSE.4.41. UNFILTERED WATER SUPPLY 123
CLAUSE.4.42. ELECTRICITY 123
CLAUSE.4.43. RETURN OF SURPLUS MATERIALS 124
CLAUSE.4.44. EMPLOYMENT OF TECHNICAL STAFF AND EMPLOYEES 124
CLAUSE.4.45. LEVY/TAXES PAYABLE BY CONTRACTOR 126
CLAUSE.4.46. TERMINATION OF CONTRACT ON DEATH OF CONTRACTOR 127
CLAUSE.4.47. COMPENSATION DURING WARLIKE SITUATIONS 127
SECTION 5 129
SPECIAL CONDITIONS OF CONTRACT 129

CLAUSE.5.1. SUB-CONTRACTORS 130
CLAUSE.5.2. NOMINATED SUB-CONTRACTORS 130
CLAUSE.5.3. SITE OFFICE 131
CLAUSE.5.4. FOSSILS: 131
CLAUSE.5.5. INSURANCE 131
CLAUSE.5.6. PROTECTION OF PERSONS, WORKS AND PROPERTY 133
CLAUSE.5.7. SITE SECURITY: 136
CLAUSE.5.8. WARRANTY/GUARANTEE 136
CLAUSE.5.9. CONTRACTOR’S RESPONSIBILITIES AND WORK CONTROL 136
CLAUSE.5.10. CO-OPERATION WITH OTHER CONTRACTORS/SPECIALIZED AGENCIES/SUB-

CONTRACTORS 141
CLAUSE.5.11. RATES 143
CLAUSE.5.12. INSPECTION AND RECTIFICATION OF WORKS 144

CLAUSE.5.13. REJECTED WORK 146
CLAUSE.5.14. LIMIT OF PRICE ADJUSTMENT 146
CLAUSE.5.15. EXEMPTION FROM PRICE ADJUSTMENT 146
CLAUSE.5.16. SPECIFICATIONS 147
CLAUSE.5.17. SETTING OUT 147
CLAUSE.5.18. CONTRACTOR SHALL SUBMIT FABRICATION/ SHOP DRAWINGS FOR OBTAINING

APPROVAL 148
CLAUSE.5.19. QUALITY ASSURANCE 148
CLAUSE.5.20. SPECIAL CONDITIONS – FACADE WORKS 151
SECTION 6 153
ADDITIONAL CONDITIONS FOR GREEN BUILDING PRACTICES 153
SECTION 7 159
SAFETY CODES AND RULES 159
FORM- K CHECK LIST FOR TENDERER 164

SECTION 1
TECHNICAL PART

INFORMATION & INSTRUCTIONS TO TENDERERS FOR e-TENDERING
NOTICE INVITING e-TENDER
IIM Udaipur invites sealed Item Rate bids in Two Bid System ( in e-Publishing Mode) for the
Supply and Installation of Semi Unitized Curtain wall system for Indian Institute of
Management, Udaipur at village balicha, Rajsthan from the reputed and eligible contractors having
sound technical and financial capability in the manner as described in the detailed Tender notice
available on www.iimu.ac.in and also at www.eprocure.gov.in.
NAME OF WORK: SUPPLY AND INSTALLATION OF SEMI UNITIZED CUTRAIN

WALL SYSTEM
(1) Bidding Document No. IIMU/FACADE DGU/2017-18/12/1
(2) Name of the work SUPPLY AND INSTALLATION OF SEMI

UNITIZED CUTRAIN WALL SYSTEM FOR
INDIAN INSTITUTE OF MANAGEMENT
UDAIPUR, AT VILLAGE BALICHA, UDAIPUR

(3) Estimated Cost put to Rs. 275 Lakhs
Tender
(4) Period of Completion 90 days
(5) Earnest Money Deposit Rs. 5,50,000/- (Rupees Five Lakhs Fifty thousand
only)
(6) Non- Refundable e-Tender Rs. 5000 ( Five Thousand Only)
Processing Fee
(7) Date of uploading of Tender 18th December 2017
(8) Last date and time of

submission of bids
(Technical and Financial Upto 1600 Hrs on 9th January 2018
bid) online electronically
(9) Period during which hard Upto 1600 Hrs on 9th January 2018
copy of EMD in original,
e-tender processing fee to be
submitted
(10) Pre-bid At 1200 hrs on 26th December 2017 at IIMU , village
Meeting date Balicha, Udaipur, Rajasthan
(11) Validity of 90 days from date of opening of Financial Bid

offer
(12) Date & Time 10th January 2018 at 1630 hrs
of Opening of Technical
Tender (Eligibility)
Documents
General Information:
(13) Pre-bid meeting shall be held with the prospectrive tenderers in the office of Indian
Institute of Management Udaipur, at IIM Udaipur Permanent Campus, Behind Indo
Americal Public School, Balicha, , Udaipur, Rajasthan at 1200 hrs on 26th December 2017.
(14) Tenderers should send all their queries by email, at least three days before pre -
tender meeting, to project manager on project.office@iimu.ac.in. The tenderers’ authorised
representatives are advised to attend the pre-tender meeting. In response to the queries
and clarifications sought by the tenderers during the pre-tender meeting, certain
modifications/clarification may be issued to all tenderers by the project manager, as may
be deemed necessary through an Addendum and not throu

(15) The minutes of the pre-tender meeting and will be uploaded on website hosting the
tender document. No separate communication in this regard shall be sent to the
individual tenderers. Tenderers are advised to periodically check the website hosting the
tender for any addendum until 2 days before the date of submission of the tender.
(16) Technical tender (which essentially covers the eligibility criteria) shall be opened first on
due date and time as mentioned above. The time and date of opening of financial tender
of tenderer's qualifying the Technical tender shall be communicated to them at a later
date.
(17) Tenderers are advised to ensure that they have submitted all requisite documents as per
the list given in the table below. A checklist in this regard as per Form K is to be
completed and signed and sealed and submitted along with the covering letter of the
tender documents.
1 Check list of documents submited by tenderer (Form K)
2 Affidavit declaring site visit (Form L)
3 Certificate of financial turnover (Form A)
4 Bank solvency certificate (Form B)
5 Certificates of Works Experience (Form C, D & E).

6 Structure & Organization (Form F).
7 Details of Technical & Administrative Personnel (Form G).
8 Details of Construction Equipments (Form H).
9 Affidavit for “no back to back award of Work” (Form I).
10 Self evaluated marking statement of Eligibility for Short listing of

Tenderers. (Form J).
11 Calculation of tendering capacity.
12 List of similar past Works and performance on such works.
For Owner P a g e | 10 For Contractor

NOTICE INVITING TENDER
1. Item rate tenders (in e-Publishing mode) are invited by Indian Institute of
Management Udaipur (IIMU/Owner) from the eligible contractors in two-bid
system for the Name of the Work: SUPPLY AND INSTALLATION OF SEMI
UNITIZED CUTRAIN WALL SYSTEM FOR INDIAN INSTITUTE OF
MANAGEMENT UDAIPUR, AT VILLAGE BALICHA, UDAIPUR
Brief Scope of Work: The system is to be installed on the part façade of Academic
Building at the Permanent Campus of IIM Udaipur. The tender includes, in addition to
Facade installation work, Supply of facade cleaning system and Structural steel work for
facade support. All above including but not limited to the following.
A. The system is to be installed on the part façade of Academic Building at the
Permanent Campus of IIM Udaipur
B. Proposed system drawing details along with the engineering calculations in line with
the tender drawings and specification requirement.
C. Proper site survey report prior to grid module finalization and shop drawing
preparation.
E. Shop drawings, engineering calculations, structural STAAD, FEM analysis for all
products and components to the satisfaction of the approving authority. QA / QC
procedures and Installation methodology.
F. Detailed project schedule. All material approval plans & Design submission plan. All
material testing and processing test reports.
G. Bracket layout marking and fixing with use of TOTAL STATION and level
instruments by qualified surveyor.
H. Cast in channel load test, Anchor bolt pull out test at site before starting of bracket
fixation.
I. All stainless steel anchor bolts, fasteners and structural washers.
J. Aluminum alloy brackets with serrations and serrated washers in chromate finish.
K. Glazing materials, Silicon gaskets, EPDM gaskets, setting blocks, backer rod, sealants,
spacer tapes, and related other materials.
L. Fire stop and smoke seal to all floor levels sealing with the building interface.
M. All metal separators in nylon and GI shims. Protection tapes and films of 70-80
microns for glass and aluminum system till hand over stage.
N. All access equipment’s including gondolas, floor cranes, scaffoldings, hoisting and
staging.
O. Material certification for Green Building rating.
P. On site visual mock ups for architectural approval for all products.
Q. Completion of snag list to the satisfaction of engineer in charge or representative.
R. Complete water wash and clean one time the façade before final hand over.
2. As built drawings. All process test reports, material test certificates and product
guaranties and warranties. Operation and maintenance manuals.

(i) The estimated cost of Work is Rs. 2.75 Crores (Rupees Two crores and
seventyfive lakhs only).
(ii) Intending tenderers are advised to ensure that they meet the minimum pre-
qualification as well as technical eligibility criteria as per the detailed terms and
evaluation parameters enumerated in this document before they submit their
tender documents.
3. An agreement shall be executed by and between the IIMU and the successful
tenderer for the “SUPPLY AND INSTALLATION OF SEMI UNITIZED CUTRAIN
WALL SYSTEM FOR INDIAN INSTITUTE OF MANAGEMENT UDAIPUR, AT
VILLAGE BALICHA, UDAIPUR” in the given format as per the terms and
conditions stipulated in the tender documents. The rates shall be quoted by the
tenderer as per various terms and conditions of this document, which shall form
part of the agreement.
4. The time allowed for carrying out the Work shall be 90 days from the date of
initiation as defined in Schedule –F or from the first date of handing over of the Site,
whichever is later.
5. The Site shall be handed over to the successful tenderer at the time of award of
contract on “as is where is” basis.
6. The tender documents consisting of drawings, specifications, schedule of quantities

of the various classes of work to be done and the set of terms & conditions of
contract to be complied with and other necessary documents can be seen on the
website of IIMU at www.iimu.ac.in and also at www.eprocure.gov.in.
7. Intending tenderers are advised to obtain valid class-II (or appropriate) digital
signature to participate in tendering.
8. While submitting the revised tender, contractor can revise the rate of one or more
item(s) any number of times (he need not re-enter rate of all the items) but before
last time and date of submission of tender as notified
I. Earnest Money Deposit (EMD) shall be accepted only in the form of Demand Draft
or Pay Order or Banker`s Cheque drawn in favor of Director, Indian Institute of
Management, Udaipur from any nationalized bank. The intending tenderer has to
scan and upload all the details such as Banker's name, Demand Draft/Pay Order/
Banker's Cheque/Bank Guarantee number, amount and date to the e-Tendering
website within the period of tender submission and original should be deposited at
project office of IIMU. The amount of the EMD can be paid by multiple Demand
Draft / Pay Order / Banker's Cheque / along with Bank Guarantee of any

nationalized bank. The bank guarantee shall be in the format as prescribed in this
document.
II. Interested tenderers who wish to participate in the tender shall pay Rs. 5,000/
(Rupees Five Thousand only) as E-Tender Processing Fee drawn in favor of
Director, Indian Institute of Management, Udaipur in the form of Demand
Draft/Pay order or Banker`s Cheque of any nationalized bank, a copy of which shall
have to be scanned and uploaded to the e-Tendering website before tender
submission
The tender shall be accompanied with the following documents:
a. Scanned copy Demand Draft or Pay Order or Banker`s Cheque and Bank Guarantee
against the EMD and the e-Tender Processing Fee shall be uploaded and the
originals placed in a sealed Envelope superscripted as “Earnest Money and Cost
of e-Tender Processing Fee” with name of Work and due date of opening of the
tender also mentioned thereon.
b. Copy of certificate of work experience and other documents as specified shall be

scanned and uploaded to the e-Tendering website within the period of tender
submission
c. Bill of quantities(in duplicate) and other relevant commercial information( tender)

duly filled and compiled with rates, amounts, totals and signed by authorized
signatory shall be uploaded and to be downloaded only after tenderer’s eligibility to
participate in the tender is successfully established and accepted by IIMU.
d. Online Technical tender documents submitted by intending tenderers shall be

opened only of those tenderers, whose Earnest Money Deposit and e- Tender
Processing Fee and other documents are found in order.
e. Opening of e-Tender shall be in the following sequence:
I. EMD and e-Tender Processing Fee of which hard copies are placed in
Envelope 1;
II. Scanned copies of Eligibility documents are uploaded by the Bidder ;
III. Technical details of the tenderer which are uploaded, to be opened only for
the tenderers whose EMD and the e-Tender processing fee are found to be in
order as specified in this Tender document.
9. The tender submitted shall become invalid and e-Tender Processing Fee shall be
forfeited if:

(i) The tenderers are found ineligible; or
(ii) The tenderers fail to upload all the documents (Including GST Registration) as
stipulated in this tender document.
(iii) If any discrepancy is noticed between the documents as uploaded at the time of
submission of e-Tender and hard copies as submitted physically in the office of
the tender opening authority.
10. The tenderer whose tender is accepted, will be required to furnish performance
guarantee for an amount equal to 5% (Five Percent) of the tendered amount within
the period specified in Schedule F. The performance guarantee shall be in the form
of Guarantee Bonds/Bank Guarantee of any nationalized bank in accordance with
the format prescribed herein. In case the tenderer fails to deposit the requisite
performance guarantee within the period as indicated in Schedule F including the
extended period if any, the EMD furnished by the tenderer shall be forfeited
without any further notice to the tenderer.
11. Intending tenderers must inspect and examine the Site and its surroundings and
satisfy themselves before submitting their tenders as to the form and nature of the
Site, the means of access to the Site, the accommodation as may be required and in
general, shall obtain all necessary information as to the risks involved, contingencies
and other circumstances which may have a bearing or influence or affect the
decision of submission of tender. A tenderer shall be deemed to have full
knowledge of the Site whether or not an inspection has been undertaken by the
tenderer and no revision in the amount quoted in the tender shall be permitted on
account of not having inspected the Site or any misunderstanding thereto. The
tenderer shall be responsible for arranging and maintaining cost all materials, tools
& plants, water, electricity, access, facilities for workers and all other services
required for executing the Work unless otherwise specifically provided for in this
document and/or the agreement and/or any other letter, circular, notification
issued or document released by IIMU. Submission of a tender by a tenderer implies
that it has read this notice and all other contract documents and has made itself
aware of the scope and specifications of the Work to be executed and of conditions
and local conditions and other factors having a bearing on the execution of the
Work. Tenderer shall submit the Affidavit for Site Visit in the form as prescribed in
FORM “L”.
12. Owner is not bound to accept the lowest or any other tender and reserves to itself
the right to reject any or all the tenders received without assigning any reason
thereof. All tenders in which any of the prescribed conditions are not fulfilled or any
condition including that of conditional rebate is put forth by the tenderer shall be

rejected summarily. Tenders subject to any conditions proposed by the tenderer
shall not be accepted and shall be liable to be rejected.
13. Canvassing either directly or indirectly, in connection with tender is strictly

prohibited and the tenders submitted by the tenderers who resort to canvassing
shall be liable to be rejected.
14. Owner reserves the right of accepting the whole or any part of the tender and the
tenderers shall be bound to perform the same at the quoted rate.
15. The tenderer shall intimate the names of persons who are or were working in any
capacity with the tenderer or are subsequently employed by the tenderer and who
are or have been an officer in IIMU.
16. The tender for the Work shall remain open for acceptance for a period of 90 (Ninety)
days from the date of opening of financial tender. In case any tenderer withdraws its
tender before the end of ninety days or issue of letter of acceptance, whichever is
earlier, or makes such modifications in the terms and conditions of the tender which
are not acceptable to the Owner, then the Owner shall, without prejudice to any
other right or remedy available under the contract or law, be at liberty to forfeit 50%
of the EMD. Further, such tenderer shall be barred from participating in the re-
tendering process of the Work.
17. This notice-inviting Tender shall form a part of the agreement and shall be read and
construed accordingly. The successful tenderer, on acceptance of its tender by the
Owner, shall within 15 days from the stipulated date of initiation of the Work,
execute an agreement consisting of:-
The Notice Inviting Tender, all the documents including additional conditions,
specifications, drawings and minutes of pre-tender meeting, addendums and
corrigendum, if any, forming the tender as issued at the time of invitation of tender
and acceptance thereof together with any correspondence leading thereto.
INTEGRITY AGREEMENT

On account of the e-tendering process adopted by IIMU, the tenderer does not sign any
document physically and entire tender document is submitted online through digital
signature. However, the tenderer shall be required to physically submit a set of
documents in the office of Director, IIMU. In order to maintain transparency and integrity
in the process of awarding contract, it is essential for IIMU and tenderers to agree and
abide by certain principles and policies. IIMU and tenderers agree to following :
(i) IIMU shall remain committed to follow the principles of transparency, equity
and competitiveness in public procurement;
(ii) The Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the tenderer shall sign the Integrity Agreement, which is an
integral part of tender/tender documents, failing which the
tenderer/tenderer will stand disqualified from the tendering process and the
tender of the tenderer shall be liable to be rejected summarily.
(i) The tenderers agree and acknowledge that the NIT is an invitation to offer
made on the condition that the tenderers shall sign an Integrity Agreement in
the format as provided for in this document. Such Integrity Agreement shall
form an integral part of the tender documents. Any failure on the part of any
tenderer to execute the Integrity Agreement shall render such tenderer
disqualified from the tendering process. The tendered agree and
acknowledge that bidding for the Work as envisaged in this document shall
be regarded as an unconditional and absolute acceptance of the condition of
executing the Integrity Agreement.
(ii) The tenderers acknowledge, agree and confirm acceptance and compliance
with the Integrity Agreement in letter and spirit and further agree that
execution of the Integrity Agreement shall be separate and distinct from the
main agreement, which shall come into existence once tender is finally
accepted by IIMU. The tenderers acknowledge and accept the tenure of the
Integrity Agreement, which shall be in the line with Article 1 of the format of
Integrity Agreement as prescribed herein.
(iii) The tenderers acknowledge that in the event of failure to sign and accept the
Integrity Agreement, while submitting the tender/tender, IIMU shall have
unqualified, absolute and unfettered right to disqualify the tenderer and
reject the tender in accordance with terms and conditions of the tender.
In addition to other components of tender document, the Integrity Pact shall also be
signed between The Director, IIMU and successful tenderer after acceptance of tender.

To,
………………………..,
………………………..,
………………………..
Sub: NIT for the work for Supply and Installation of Semi Unitized Curtain Wall glazing
at IIMU Permanent Campus.
Dear Sir,
It is here by declared that Director on behalf of the IIMU is committed to follow the
principle of transparency, equity and competitiveness in public procurement.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition
that the Tenderer will sign the integrity Agreement, which is an integral part of
tender/tender documents, failing which the tenderer/tenderer will stand disqualified
from the tendering process and the tender of the tenderer would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of the
same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of
the IIMU.
Yours faithfully
Director, IIMU
INTEGRITY AGREEMENT

To,
Director,
Indian Institute of Management UDAIPUR
18. Sub: Submission of Tender for Supply and Installation of Semi Unitized Curtain
Wall Glazing for part Façade of Academic Building at the permanent campus of
IIMU at Balicha, Rajasthan.
Dear Sir,
I/We acknowledge that Director on behalf of the IIMU is committed to follow the
principles thereof as enumerated in the Integrity Agreement enclosed with the
tender/tender document.
I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that I/We will sign the enclosed integrity Agreement, which is an integral part
of tender documents, failing which I/We will stand disqualified from the tendering
process. I/We acknowledge that THE MAKING OF THE TENDER SHALL BE
REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this
condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit
and further agree that execution of the said Integrity Agreement shall be separate and
distinct from the main contract, which will come into existence when tender is finally
accepted by IIMU. I/We acknowledge and accept the duration of the Integrity Agreement,
which shall be in the line with Article 1 of the enclosed Integrity Agreement.
I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/tender, IIMU shall have unqualified, absolute
and unfettered right to disqualify the tenderer and reject the tender in accordance with
terms and conditions of the tender.
Yours faithfully
(Duly authorized signatory of the Tenderer)To be signed by each tenderer and Director,
IIMU)
INTEGRITY AGREEMENT

THIS INTEGRITY AGREEMENT is made at ............... on this........... day of ...........2013
BETWEEN
The Director, IIMU (hereinafter called “IIMU” or “Owner” which expression shall unless
repugnant to the context or meaning thereof is deemed to include its successors &
permitted assigns) of the FIRST PART:
AND
..................................................................................................... (Name and Address of the

Individual/firm/Company) through.................................................................... (Hereinafter
referred to as the (Details of duly authorized signatory) “Tenderer/Contractor” and which
expression shall unless repugnant to the meaning or context hereof include its successors
and permitted assigns) of the SECOND PART
Each of the IIMU/Owner and Tenderer/Contractor individually referred to as the “Party”

and collectively referred to as the “Parties”.
WHEREAS the Owner floated a tender for Supply and Installation of Semi Unitized
Curtain Wall Glazing for the part Façade of Academic Building at the permanent campus
of IIMU at Balicha, Rajasthan. (“Tender”) and intends to award, under laid down
organizational procedure, contract pursuant to issuance of such Tender (“Contract”).
AND WHEREAS the Owner values full compliance with all applicable laws of the land,
rules, regulations, economic use of resources and of fairness/transparency in its relation
with its tenderer(s) and contractor(s).
AND WHEREAS to meet the purpose aforesaid, the Parties have agreed to enter into this
Integrity Agreement (“Integrity Pact” or “Pact”), the terms and conditions of which shall
also be read as integral part of the tender documents and Agreement between the Parties
and shall be construed accordingly.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the

Parties hereby agree as follows and this Pact witnesses as under:
Article 1: Commitment of the Owner
1) The Owner commits itself to endeavor to take all measures necessary to prevent
corruption and to observe the following principles:
(a) No employee of the Owner, personally or through any of his/her family members,
shall in connection with the Tender, or the execution of the Agreement, demand,
take a promise for or accept, for self or third person, any material or immaterial
benefit which the person is not legally entitled to.

(b) The Owner shall, during the tender process, treat all tenderer(s) with equity and
reason. The Owner shall, in particular, before and during the tender process,
provide to all tenderer(s) the same information and shall not provide to any
tenderer(s) confidential/additional information through which the tenderer(s) could
obtain an advantage in relation to the tender process or the execution of Agreement.
(c) The Owner shall endeavor to exclude from the tender process any person, whose
conduct in the past has involved any bias of any nature.
2) If the Owner obtains information on the conduct of any of its employees which is a
criminal offence under the Indian Penal Code (IPC) or Prevention of Corruption Act,
1988 or is in violation of the principles herein mentioned or if there be a substantive
suspicion in this regard, the Owner shall be at liberty to take appropriate disciplinary
action or initiate disciplinary proceedings as per its internal policies and procedures.
Article 2: Commitment of the Tenderer(s)/Contractor(s)
1) Each Tenderer/Contractor shall be required to (including their respective officers,

employees and agents) adhere to the highest ethical standards and shall report to
the Owner of any suspected acts of fraud or corruption or coercion or collusion of
which it has knowledge or becomes aware, during the tendering process and
throughout the negotiation and award of the Contract.
2) The Tenderer(s)/Contractor(s) shall commit themselves to take all measures

essential to prevent any act of corruption. The Tenderers/Contractors commit
themselves to observe the following principles during their participation in the
Tender process and during the execution of the Contract:
a) The Tenderer(s)/Contractor(s) shall not, directly, indirectly or through any other

person or firm, to obtain any advantage of any kind whatsoever during the process of
Tender or during the execution of the Contract, offer, promise or give to any of the
Owner’s employees involved in the Tender process or execution of the Contract or to
any third person any material or other benefit which such person is not legally entitled
to.
b) The Tenderer(s)/Contractor(s) shall not enter with other Tenderer(s) any

undisclosed agreement or understanding, whether formal or informal for manipulating
prices, specifications, certifications, subsidiary contracts, submission or non-submission
of tenders or any other actions to restrict competitiveness or to cartelize in the tendering
process.
c) The Tenderer(s)/Contractor(s) shall forbear from committing any offence under the
Indian Penal Code (IPC) or Prevention of Corruption Act, 1988. The
Tenderer(s)/Contract(s) shall not use improperly, (for the purpose of competition or

personal gain), or pass on to others, any information or documents provided by the
Owner as part of the business relationship, plans, technical proposals and business
details, including information contained or transmitted electronically or otherwise.
d) The Tenderer(s)/Contractor(s) of foreign origin shall disclose the names and

addresses of agents/representatives in India, if any. Similarly
Tenderer(s)/Contractor(s) of Indian nationality shall disclose names and addresses
of foreign agents/representatives, if any. Either the Indian agent on behalf of the
foreign principal or the foreign principal directly can submit tender in the process of
tender, but not both. In cases where an agent participates in the tender on behalf of
one tenderer, such agent shall not be permitted to quote on behalf of any another
tenderer along with the first manufacturer in a subsequent/parallel tender for the
same item.
e) The Tenderer(s)/Contractor(s) shall, when presenting tender, disclose any and all
payments made, committed to make or intends to make to agents, brokers or any
other intermediaries in connection with the award of the Contract.
3) The Tenderer(s)/Contractor(s) shall not instigate any third person to commit

offences mentioned above or be an accessory to such offences.
4) The Tenderer(s)/Contractor(s) shall not, directly or through any other person

indulge in fraudulent practice including but not limited to willful misrepresentation
or omission of facts or submission of fake/forged documents in order to induce
public official to act in reliance thereof, with the purpose of obtaining unjust
advantage by or causing damage to justified interest of others and/or to influence
the procurement process to the detriment of the interest of the Owner.
5) The Tenderer(s)/Contractor(s) shall not, directly or through any other person use
coercive practices including but not limited to the act of obtaining something,
compelling an action or influencing a decision through intimidation, threat or the
use of force directly or indirectly, where potential or actual injury may befall upon a
person, his/ her reputation or property to influence their participation in the
tendering process.
Article 3: Consequences of Breach
Without prejudice to any rights available to the Owner under law or the Contract or its
established policies and procedures, the Owner shall have the following rights in case of
breach of this Integrity Pact by the Tenderer(s)/Contractor(s) and the Tenderer/
Contractor accepts and undertakes to respect and uphold the Owner’s absolute right:

1) If the Tenderer(s)/Contractor(s), either before award or during execution of Contract
has committed a transgression through a violation of Article 2 above or in any other
form, such as to put his reliability or credibility in question, the Owner after giving
14 days’ notice to the Tenderer/Contractor shall have the powers to disqualify the
Tenderer(s)/Contractor(s) from the process of Tender or terminate/determine the
Contract, if already executed or exclude the Tenderer/Contractor from future
contract award processes. The imposition and duration of the exclusion shall be
determined by the severity of transgression and determined by the Owner. Such
exclusion may be forever or for a limited period at the sole discretion of the Owner.
2) Forfeiture of EMD/Performance Guarantee/Security Deposit: Pursuant to the Owner

disqualifying the Tenderer(s) from the Tender process prior to the award of the
Contract or terminates/determines the Contract or has accrued the right to
terminate/determine the Contract according to Article 3(1), the Owner apart from
exercising any legal rights that may have accrued to the Owner, may in its
considered opinion forfeit the entire amount of Earnest Money Deposit,
Performance Guarantee and Security Deposit rendered by the Tenderer/Contractor.
3) Criminal Liability: Pursuant to the Owner obtaining any knowledge of conduct of a

Tenderer or Contractor, or of an employee or a representative or an associate of a
Tenderer or Contractor which constitutes corruption within the meaning of the
Indian Penal Code (IPC) or Prevention of Corruption Act, 1988 or if the Owner has
substantive suspicion in this regard, the Owner shall forthwith inform the same to
any law enforcing agencies for further investigation without being obligated to first
inform the Tenderer/Contractor of the same.
Article 4: Previous Transgression
1) Each Tenderer/Contractor shall declare and confirm that no previous transgressions

have occurred in the last five (5) years with any other company in any country
confirming to the anti-corruption approach or with the Central Government or any
State Government or any other Central/State Public Sector Enterprises in India that
could justify its exclusion from the process of Tender.
2) Upon any incorrect, false, misleading statement made or submitted by the Tenderer
in terms of 4(1) above, shall render the Tenderer disqualified from the process of
Tender or entitling the Owner to take any action for imposing a ban on any business
dealings/holiday listing of the Tenderer/Contractor at the sole discretion of the
Owner.
3) Upon a confirmation made by the Tenderer/Contractor, to the satisfaction of the

Owner, proving that the damage caused has been resorted / recouped and a
suitable corruption prevention system has been installed to the satisfaction of the

Owner, the exclusion may be revoked prematurely by the Owner at its sole
discretion.
Article 5: Equal Treatment of all Tenderers/Contractors/Subcontractors
1) The Tenderer(s)/Contractor(s) undertake(s) to demand from all sub-contractors a

commitment in conformity with this Integrity Pact. The Tenderer/Contractor shall
be responsible for any violation(s) of this Integrity Pact by any of its
subcontractors/sub-vendors.
2) The Owner shall enter into such agreements or pacts on identical terms as this
Integrity Pact with all Tenderers and Contractors.
3) The Owner shall disqualify Tenderers, who fail to submit duly executed Integrity
Pact along with the Tender or violate any of the provisions at any stage of the
Tender process.
Article 6- Duration of the Pact
This Pact shall become effective on the day the Owner and the Tenderer/Contractor have
signed and executed the same. The Integrity Pact shall continue to remain in force for the
Contractor till twelve (12) months after the completion of work under the contract or till
the continuation of defect liability period, whichever is later. However, the Integrity Pact
shall come to an end for unsuccessful tenderers upon award of the Contract to the
successful tenderer. If any claim is made/lodged during the time, the same shall be
binding and continue to remain valid despite the lapse of this Pact as specified above,
unless such Tenderer is discharged by the Owner.
Article 7- Other Provisions
1) The Integrity Pact shall be governed by the applicable Indian laws and the place of
performance and jurisdiction shall be the place of office of the Owner/.
2) Any change, amendment, modification or supplement or addendum to the Integrity

Pact can only be brought into effect by way of mutual written agreement between
the parties to the Integrity Pact.
3) If the Contractor is a partnership or a consortium, this Pact shall be executed and

signed by all the partners or by one or more partners holding power of attorney
executed in favor of such partner or partners by the remaining partners. In case the
contractor is a company, the Pact shall be executed and signed by a representative
duly authorized by board resolution of such company.
4) In case any of the provisions of this Integrity Pact is rendered invalid by law or
otherwise, the remaining provisions of the Integrity Pact shall continue to remain

valid and binding on the Parties. In such a case, the Parties shall strive to come to an
agreement to the original intension envisaged under the Integrity Pact.
5) The Parties agree that any dispute or difference arising between the Parties with
respect to the terms of this Integrity Pact, any action taken by the Owner in
accordance with this Integrity Pact or any interpretation thereof shall not be subject
to arbitration.
Article 8- LEGAL AND PRIOR RIGHTS
All rights and remedies of the Parties hereto shall be in addition to all the other legal
rights and remedies available to the Parties under law or contract and the same shall be
deemed to be cumulative and not alternative to such legal rights and remedies aforesaid.
The Parties agree that this Integrity Pact shall have precedence over the Tender/Contact
documents with regard to any of the provisions covered under this Integrity Pact.
IN WITNESS WHEREOF the Parties have signed and executed this Integrity Pact at the
place and date first above mentioned in the presence of following witnesses
:...............................................................
(For and on behalf of Owner)
.................................................................
(For and on behalf of Tenderer/Contractor)
WITNESSES (Signature, name and address)
1 ..............................................
2 ...............................................
Place:
Dated:

FORM OF BANK GUARANTEE FOR EARNEST MONEY
WHEREAS, contractor......................................................... (Name of contractor)

(“Contractor") has submitted his tender dated.................... (Date) for construction
of........................................................................................ (Name of work) (" Tender")
KNOW ALL PEOPLE by these presents that We, __________(name of bank) having our
registered office at..................................................................... (" Bank") are bound unto
Director, IIM Udaipur (“Owner”) in the sum of Rs.......................... (Rs. in words
.......................................................................................) for which payment well and truly to be
made to the Owner, the Bank binds itself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this .................day of................. 20....
The present Bank Guarantee shall be governed by the following terms and conditions:
1. If after opening of the Tender, the Contractor withdraws the Tender during the
period of validity of Tender (including extended validity of the Tender) as more
specifically mentioned in the Notice Inviting Tender; or
2. If the Contractor having been notified of the acceptance of its Tender by the Owner:
a. fails or refuses to execute the Agreement in accordance with the instructions of the
Owner; or
b. fails or refuses to furnish the Performance Guarantee, in accordance with the
provisions of the Notice Inviting Tender and instructions given to the Contractor; or
c. fails or refuses to start the work, in accordance with the provisions of the Notice
Inviting Tender and instructions given to the Contractor; or
d. fails or refuses to submit fresh Bank Guarantee of an amount equivalent to this Bank
Guarantee against the Security Deposit after award of the Tender;.
we undertake to pay to the Owner, without any protest or demur, an amount equal to the
amount specified in this Bank Guarantee upon receipt of the first written demand received
from the Owner, without the Owner having to substantiate such demand, provided that
in such demand the Owner shall clearly indicate such condition or conditions entitling the
Owner to claim the amount under the present Bank Guarantee.
This Guarantee shall remain in force up to and including the date (validity period of six
months from the last date of receipt of the Tender) after the deadline for submission of
tender as such deadline is stated in the Instructions to contractor or as it may be extended
by the Owner, notice of which extension(s) to the Bank is hereby waived. Any demand in
respect of this Guarantee should reach the Bank not later than the above date.
DATE: …………………………
SIGNATURE OF THE BANK: ………………………...
SEAL: ………………………….
WITNESS: ………………………
(SIGNATURE, NAME AND ADDRESS)

(To be executed by and between the Owner and the successful tenderer
FORMAT OF AGREEMENT
This agreement is executed at ______ (place of execution) on the

___________________________ day of ______________________, 20__
BETWEEN
__________________________________________________________
__________________________, which expression shall mean and include its successors and
assigns (name and address of the Owner) (“
Owner”)of the FIRST PART
AND
_________________________________________________________________________
________________________________________________________________________________
______,
(name and address of the successful tenderer) (“Contractor”) of the SECOND PART
The Owner and the Contractor shall be individually referred to as the “Party” and
collectively referred to as the “Parties”
Whereas the Owner is desirous of getting the work done for supply and installation of
Semi Unitized Curtain wall system at IIMU Permanent Campus and invited tenders by
issuing Notice Inviting Tender (“Tender”) for selection of a contractor for constructing the
said campus. The Contractor has submitted its bid pursuant to the issuing of the Tender by
the Owner. WHEREAS the details of the work proposed to be excuted by the Contractor is
more particularly specified in the Tender ( name and identification number of Contract) (
“Works”) and the Owner has accepted the Tender submitted by the Contractor for the
execution and completion of the Works and the remedying of any defects therein, at a
contract price of
Rs.............................................................................................................................................................
....... (Rupees _____________________(in words))
WHEREAS the Owner has now desirous of laying down the terms and conditions
governing the execution of the Works and has therefore, requested the Contractor to
execute the present Agreement.

NOW THIS AGREEMENT WITNESSETH as:
1. In this Agreement, words and expressions shall carry the same meanings as are ascribed
to them in the Conditions of Contract as more particularly mentioned in the Tender. The
Parties agree that the Tender shall form an integral part of this Agreement and shall be
read and constured accordingly.
2. In consideration of the payments to be made by the Owner to the Contractor as the

consideration for execution of the Works (“Consideration”), the Contractor hereby
covenants with the Owner to execute and complete the Works and remedy the defects
therein in conformity in all aspects with the provisions of the Tender and this Agreement.
3. The Owner hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and in the remedying the defects wherein the Contract Price or
such other sum as may become payable under the provisions of the Tender and this
Agreement at the times and in the manner prescribed under the Tender.
4. The following documents shall be deemed to form and be read and construed as part of
this Agreement:
i) Letter of Acceptance;
ii) Notice to proceed with the Works;
iii) Contractor’s Tender;
iv) Contract Data;
v) Conditions of Contract (including Special Conditions of Contract);
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other documents listed in the Contract Data as forming part of the Contract.
In witness whereof the Parties have caused this Agreement to be executed on the dayand
year first written above.
The Common Seal of
____________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
__________
was hereunto affixed in the presence of:
Signed Sealed and Delivered by the said
____________________________________________________

________________________________________________________________________________
________________________________________________________________________________
__________
________________________________________________________________________________
________________________________________________________________________________
__________
Binding Signature of Owner
____________________________________________________________
Binding Signature of Contractor
___________________________________________________________
in the presence of
________________________________________________________________________________
________________________________________________________________________________
__________
________________________________________________________________________________
________________________________________________________________________________
__________
________________________________________________________________________________
________________________________________________________________________________
__________
________________________________________________________________________________
________________________________________________________________________________
__________

Item Rate Tender & Contract for Works
(A) Tender for the work of:- Supply and Installation of Semi Unitized Curtain Wall
Glazing for part Façade of Academic Building at the permanent campus of IIMU at
Balicha, Rajasthan.
(i) To be submitted by the tenderers online and the EMD and Tender fees in original in the
project office of IIMU, ,Permanent Campus, behind Indo American Public School, Balicha,
Rajasthan up to 1600 hrs on 9th January 2018.
(ii) To be opened at 1640 Hrs 10th January 2018 at the project office of IIMU, Permanent
Campus, behind Indo American Public School, Balicha, , Rajasthan
I/We have read and examined the notice inviting tender, bill of quantity, Specifications,
Drawings & Designs, General Rules and Directions, Conditions of Contract, clauses of
contract, Special conditions& other documents and Rules referred to in the conditions of
contract and all other contents in the tender document for the work.
I/We hereby tender to execute the work of IIMU as mentioned above and detailed in the
schedule of quantities within the time frame specified in the tender documents, and in
accordance with the specifications, designs, drawing and instructions/orders of the
engineer in charge meeting all the Conditions of Contract with such materials as are
provided for In the drawings, technical specifications or the schedule of quantities.
I/We agree to keep the tender open and valid for 90 (Ninety) days from the due date of its
opening and shall not make any modifications in its terms and conditions.
A sum of Rs. 5,50,000/- (Rupees five lakhs fifty thousand) is hereby forwarded in the form
of a demand draft of a Nationalized Bank and a bank guarantee issued by a Nationalized
Bank as earnest money. If I/We, fail to furnish the prescribed performance guarantee
within prescribed period and form, I/We agree that IIMU shall without prejudice to any
other right or remedy, be at liberty to forfeit the said earnest money absolutely. Further, if
I/We fail to commence work as specified, I/We agree that IIMU shall without prejudice
to any other right or remedy available in law, be at liberty to forfeit the said earnest
money and the performance guarantee absolutely, otherwise the said earnest money shall
be retained by Owner towards security deposit to execute all the works referred to in the
tender documents upon the terms and conditions contained or referred to those in excess
of that limit at the rates to be determined in accordance with the provision contained in
Clause Deviations/Variations Extent and Pricing of the tender form. Further, I/We agree
that in case of forfeiture of Earnest Money & Performance Guarantee as aforesaid. I/We
shall be debarred from participating in the re-tendering process of the work.
I/We undertake and confirm that eligible similar work(s) has/have not been got executed
through another contractor on back-to-back basis. Further that, if such a violation comes

to the notice of Owner, then I/we shall be liable to legal and penal action as deemed
appropriate by the Owner. Also, if such a violation comes to the notice of the Owner
before the date of start of work, the Engineer-in-Charge shall be free to forfeit the entire
amount of Earnest Money Deposit/ Performance Guarantee.
I/We hereby declare that I/we shall treat the Tender Documents, drawings and other
records connected with the Work as confidential documents and shall not communicate
nor use any information derived there from to any persons other than a person to whom
I/we am/are authorized to communicate the same or use the information in any manner
prejudicial to the interest of IIMU.
Dated Signature of Contractor
Witness
Name ……………………………… Name

………………………………
Address ……………………………… Address

………………………………
Occupation ……………………………… Telephone

………………………………
ACCEPTANCE
The above offer is hereby accepted by me on behalf of The Indian Institute of

ManagementUdaipur, Rajasthan. For a sum of Rs. -------------------------- (Rupees --------------
-------------)
Dated For & on behalf of IIMU
Signature

Form of Performance Security (Guarantee)Bank Guarantee Bond
In consideration of the IIMU having offered to accept the terms and conditions of the
proposed agreement between…………………………….and
………………………(hereinafter called “the said Contractor(s)”) for the
work…………………………………………………… (herein after called “the said
agreement”) having agreed to production of an irrevocable Bank Guarantee for Rs.
………….(Rupees ………………………………… only) as a security/guarantee from the
contractor(s) for compliance of his obligations in accordance with the terms and
conditions in the said agreement.
1. We, ………………………………. (herein after referred to as “the Bank”) hereby
undertake to pay to the Owner an amount not exceeding Rs. ………………………..
(Rupees………………. Only) on demand by the Owner.
2. We, ……………………………….(indicate the name of the Bank) do hereby undertake to
pay the amounts due and payable under this guarantee without any demure, merely on a
demand from the Owner stating that the amount claimed as required to meet the
recoveries due or likely to be due from the said contractor(s). Any such demand made on
the bank shall be conclusive as regards the amount due and payable by the bank under
this Guarantee. However, our liability under this guarantee shall be restricted to an
amount not exceeding Rs. ………………….. (Rupees ……………….only)
3. We, the said bank further undertake to pay to the Owner any money so demanded
notwithstanding any dispute or disputes raised by the contractor(s) in any suit or
proceeding pending before any court orTribunal relating thereto, our liability under this
present being absolute and unequivocal.The payment so made by us under this bond shall
be a valid discharge of our liability for payment thereunder and the Contractor(s) shall
have no claim against us for making such payment.
4. We, ……………………………. (indicate the name of the Bank) further agree that the
guarantee herein contained shall remain in full force and effect during the period that
would be taken for the performance of the said agreement and that it shall continue to be
enforceable till all the dues of the Owner under or by virtue of the said agreement have
been fully paid and its claims satisfied or discharged or till Engineerin-Charge on behalf of
the Owner certified that the terms and conditions of the said agreement have been fully
and properly carried out by the said Contractor(s) and accordingly discharges this
guarantee.
5. We, ……………………………. (indicate the name of the Bank) further agree with the
Owner shall have the fullest liberty without our consent and without affecting in any
manner our obligation hereunder to vary any of the terms and conditions of the said
agreement or to extend time of performance by the said Contractor(s) from time to time or
to postpone for any time or from time to time any of the powers exercisable by the Owner

against the said contractor(s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability by reason of
any such variation, or extension being granted to the said Contractor(s) or for any
forbearance, act of omission on the part of the Owner or any indulgence by the Owner to
the said Contractor(s) or by any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank
or the Contractor(s).
7. We, ……………………………. (indicate the name of the Bank) lastly undertake not to
revoke this guarantee except with the previous consent of the Owner in writing.
8. This guarantee shall be valid up to …………………………unless extended on demand
by the Owner.
Notwithstanding anything mentioned above, our liability against this guarantee is
restricted to Rs.
…………………… (Rupees ………………..) and unless a claim in writing is lodged with us
within six months of the date of expiry or the extended date of expiry of this guarantee all
our liabilities under this guarantee shall stand discharged.
Dated the ………………..day of ……………………for………………….(indicate the name of

the Bank)

Brief Particulars of the Work
Indian institute of Management Udaipur, one of the youngest IIMs, aims to set the highest
standards not only with quality education but also with its approach in sustainability. The
proposed campus of IIMU is planned to be developed on a hilly terrain. Unlike the hilly
terrains of the northeast part of the country, IIMU site is located in the arid region where
availability of water is scarce and orientation of buildings is of prime importance.
The Academic Building is nearing completion and the façade of the connecting bridge
which houses the library need to be finished from external surface. For this Semi Unitized
Curtain wall system is to be installed in the façade of the library as well as the adjoining
faculty cabin areas. The Glass Façade has to be done to the upper portion of the building
and the lower portion shall have other external finished. Total Area of the façade all
around is approximately 3100 Sqm.

GENERAL GUIDELINES FOR TENDERERS
1. GENERAL:
1.1. Letter of transmittal and forms, terms and conditions for deciding eligibility
are given in this tender document.
1.2. All information called for in the enclosed forms should be furnished against
the relevant columns in the forms. If for any reason, information is furnished
on a separate sheet, this fact should be mentioned against the relevant column.
In case no information is to be provided in a particular column, “nil” or “no
such case” or “not available” entry should be made in that column. If any
particulars/query is not applicable in case of a tenderer, “not applicable” shall
be mentioned against such particular/query. The tenderers are cautioned that
not giving complete information called for in the application forms or not
giving it in clear terms or making any change in the prescribed forms or
deliberately suppressing the information may result in the tender being
summarily disqualified and rejected entitling the Owner to forfeit the EMD
and e-Tender Processing Fee without any further notice to the tenderer.
Tenders made by telegram or telex and including those received late shall not
be entertained and returned unaccepted.
1.3. References, information and certificates from the respective owners certifying
suitability, technical knowledge or capability of the tenderer should be attested
by the first class judicial magistrate or equivalent or Group A Gazetted officer
of Central or any State Government.
1.4. The tenderer may furnish any additional information, which it thinks is
necessary to establish its capabilities to successfully complete the envisaged
Work. Tenderers are, however, advised not to furnish any superfluous
information. No information shall be entertained after uploading of eligibility
criteria document unless it is called for by the Engineer-in-Charge.
It is desirable that the tenderer is not contesting or defending any legal

proceeding before a court of law or tribunal or quasi-judicial or administrative
authority (“Legal Proceedings”). The tenderer must submit information of all on-
going Legal Proceedings and for the past seven (7) years. In the event the
tenderer has not been subject to any such Legal Proceedings either in process or
in the past seven (7) years, an affidavit to this effect, duly notarized shall be
submitted in original.

1.5. Any information furnished by the tenderer found to be incorrect either
immediately or at a later date, shall render such tenderer liable to be debarred
from tendering/taking up of the Work.
1.6. The tenderer shall not have been black listed by any State/Central
Government Department or Public Sector Undertaking or any autonomous
body. The tenderer shall submit a duly notarized affidavit, stating on oath that
the tenderer has not been black-listed. Applications received without such
affidavit in original shall stand automatically rejected. IIMU shall be entitled to
forfeit the EMD and e-Tender Processing Fee on account of any such rejection
2. DEFINITIONS:
In this document the following words and expressions shall carry the meaning hereby
assigned to them:
2.1. “Owner/IIMU” shall mean and refer to the Indian Institute of Management,
Udaipur;
2.2. “Director” shall mean and refer to the Director of IIMU;
2.3. “Project Manager” shall mean and refer to the person nominated as Project
Manager by IIMU;
2.4. “Design Consultants” shall mean and refer to the Consultants appointed by
IIMU as Design Consultant.
2.5. “Engineer in Charge” shall mean and refer to an authorized representative

appointed by IIMU;
2.6. “Tenderer” shall mean and refer to an individual, proprietary firm, firm in
partnership, limited company (private or public) or corporation but shall not
include a joint venture and special purpose vehicle.
3. METHOD OF APPLICATION:
3.1. If the tenderer is an individual, the application for submitting tender shall be
signed by such individual above the full type written name and current
address.
3.2. If the tenderer is a proprietary concern, the application for submitting tender
shall be signed by the proprietor above full type written name and the full
name of the proprietor firm with its current address.
3.3. If the tenderer is a partnership firm, the application for submitting tender shall
be signed by all the partners of the partnership firm above their full

typewritten names and current address, or, alternatively, by one or more
partners holding power of attorney for the firm and/or other partners. A
notarized copy of such power of attorney shall be submitted along with the
application. The application shall also be accompanied with a notarized copy
of the partnership deed.
3.4. If the tenderer is a limited company or a corporation, the application for

submitting tender shall be signed by a duly authorized person holding power
of attorney for signing the application accompanied by a copy of the power of
attorney. The tenderer shall also furnish a notarized copy of the Memorandum
and Articles of Association of the company.
4. FINAL DECISION MAKING AUTHORITY
The IIMU reserves the right to accept or reject any tender and to annul the process and
reject all tenders at any time without assigning any reason thereof or incurring any
liability to the tenderers.
5. SITE VISIT
The tenderer shall visit the Site of Work, at its own cost, and examine the Site and its
surroundings to satisfy itself and collect all information that may be considered necessary
for proper assessment of the scope of Work enumerated in the this tender document.
6. CRITERIA FOR ELIGIBILITY (TECHNICAL TENDER)
6.1. The eligibility criteria applicable for the tenderers for the present tender in
terms of the scope of Work shall be :
6.1.1. The tenderer should have satisfactorily completed three similar works each
costing not less than 40% of the estimated cost put to Tender or completed two
similar works each costing not less than 60% of estimated cost put to Tender or
completed one similar work costing not less than 80% of the Estimated cost put
to Tender during the last seven (7) years ending 31.03.2017; and
For the purpose of this clause, “similar work” shall mean “Specialized work of
Supply and installation of Unitized or Semi Unitized Glazing work done by a
specialized agency for any type of Institutional Building, Commercial Building or
Office Building, with Six or more stories including Aluminum Work, Glass Glazing
work and Steel work done under single work order for Façade Installation in last
five years”.
The value of executed works shall be brought to current costing level by enhancing
the actual value of work at simple rate of 7% per annum, calculated from the date

of completion to March31, 2017 or upto the last previous month of the date of the
Tender uploading.
6.2. The tenderer shall furnish an affidavit as under along with Technical bid:
“I/We, ______, aged __ years, having my/our office at _______, solemnly

affirm on oath as under:
a. I/We undertake and confirm that eligible similar work(s) has/have

not been executed through another contractor on back to back basis.
b. I/We agree that in case I/We are found to be in violation of (a) above
or the same comes to the notice of IIMU by any means whatsoever,
then IIMU shall be entitled to take appropriate penal and legal action
against me/us. If such a violation comes to the notice of IIMU before
the date of initiation of work, the Engineer-in-Charge shall be free to
forfeit the entire amount of EMD and the e-Tender Processing Fee .
6.3. The tenderer shall have minimum gross average annual financial turnover of
Rs. 2,75,00,000/(Rupees Two crores and seventyfive lakhs only) of Semi-
unitised curtain glazing works during the last five financial years ending 31st
March 2017. The statement showing the gross average annual financial
turnover duly audited by a chartered accountant shall be furnished by the
tenderer.
6.4. A certificate from a chartered accountant duly certifying that the tendered shall
not have incurred any loss in more than two (2) years during the immediate
last five financial years shall be furnished by the tenderer.
6.5. The Tendering Capacity of the tenderer shall be equal to or more than the
estimated cost of the Work put to tender. The tendering capacity shall be
calculated on the basis of following formula:
Tendering Capacity = (A*N*2)-B; where
A= Maximum value of construction works executed in any one year during the
last five years taking into account the completed as well as works in progress;
N= Number of years prescribed for completion of work for which tenders have
been invited.
B= Value of existing commitments and ongoing works to be completed during

the period of completion of work for which tenders have been invited.

The tenderer shall submit the calculation sheet of Tendering Capacity and also
indicate the value of balance work in hand duly certified by a chartered accountant.
6.6. The tenderer shall furnish a solvency certificate as may be certified by its
bankers for a value which is not less than 40% of the Estimated cost put ot
Tender. Such certificate shall not be of a date which is more than six months
prior to the date of submission of tender.
6.7. A certificate attested by first class judicial magistrate or equivalent or a Group

A gazetted officer of Central or any State Government certifying the
performance for each work completed by the tenderer in the last seven (5)
years and in hand.
6.8. The tenderer shall own construction equipment as per the list required for
proper and timely execution of the Work. In case the tenderer does not own
such construction equipment’s, the tenderer shall submit a letter attested by
itself that it shall be able to manage the construction equipment’s by hiring
and shall also submit the list of firms from whom it proposes to hire. The list
shall clearly specify the names of the firms from whom the equipment’s would
be hired and shall not be an indicative list of firms.
6.9. The tenderer shall have sufficient number of technical and administrative
employees for proper execution of the Work as per list. The tenderer shall
submit a list of employees working with it and clearly state the roles and
responsibilities of such employees for execution of the Work.
7. Evaluation Criteria for Eligibility (Technical Tender)
7.1. The documents for ascertaining the eligibility submitted by the tenderers shall
be evaluated in the following manner:
7.1.1. The criteria for eligibility prescribed in para 7.1 to 7.7 above in respect of
experience of similar class of works completed, Tendering Capacity and
financial turn over etc. shall be first scrutinized and the tenderer’s eligibility for
the work shall be determined. Only such tenderers which meet the eligibility
criteria specified in para 7.1 to 7.7 above shall be eligible to qualify for
evaluation under this section and all other applications shall automatically
stand disqualified.
7.1.2. Physical inspection of completed projects of tenderers found eligible in terms of

Clause 8.1.1 shall be conducted by an evaluation committee appointed by IIMU
for evaluating the quality of work. The evaluation committee may visit the site
where works have been executed by the tenderers in the past i.e., works

pertaining to Façade Supply and Installation work. The exact number of the
works to be visited shall be decided by IIMU.
7.1.3. A committee of experts constituted by IIMU shall undertake further evaluation.

The Committee may, at its discretion, call for information from owners of
similar works carried out or in progress by tenderers and evaluate the previous
completed projects regarding all submission including litigations. The
tenderers qualifying the eligibility criteria as set out in Para 7.1 to 7.7 above
shall be evaluated for following criteria on the basis of details furnished by
such tenderers:
7.1.4. The tenderer shall submit a self-certified self-evaluation calculation sheet for
evaluation parameters mentioned in Form J.
(A) Financial strength (Form “A” and “B”) Maximum 20 marks
A Turn over 16
B Solvency 4
(B) Experience of Work during last seven Maximum 30 marks

years.
B1 Experience in similar nature of work 20

during last seven years
B2 Experience in project specific work 10

during last seven years
(C) Performance on Works (time Over run) Maximum 20 marks
(D) Performance on quality of similar works Maximum 20 marks

executed
(E) Personnel and Establishment Maximum 5 marks
(F) Plant and Equipment Maximum 5 marks
Total 100 Marks
7.1.5. To become eligible for short-listing, the tenderer shall secure at least 50%
marks in each criteria A, B, C, D, E & F and 60% marks in aggregate as is
mentioned hereunder:

7.2. Notwithstanding the fact of having been qualified under Clause 8.1, a tenderer
shall be liable to be disqualified in case such tenderer :
a. Makes misleading, incorrect or false representation or deliberately

suppresses the information in the forms, statements and enclosures
required to be submitted as a part of the eligibility criteria document.
b. Has a record of poor performance such as abandoning work, not

properly completing the contract, or financial failures / weaknesses
etc.
8.FINANCIAL INFORMATION
The tenderer shall furnish the Annual Financial Statements for the preceding five (5) years
in Form A and Solvency Certificate in Form B.
9.DISCLOSURE OF EXPERIENCE IN SIMILAR WORKS
9.1. The tenderer shall furnish the following:
a. List of all works of similar nature successfully completed during the

preceding seven years in Form C.
b. List of the projects under execution or awarded in Form D.
9.2. Particulars of completed works and performance of the tenderer duly attested
by first class judicial magistrate or equivalent or Group A gazette officer of
Central or any State Government shall be furnished separately for each work
completed or in progress in Form E.
9.3. Information in Form D shall be complete in all respects and no work shall
remain unreported.
10. ORGANISATION INFORMATION
The tenderer shall be required to submit the information in respect of its organization in
Forms F & G.
11. CONSTRUCTION PLANT & EQUIPMENT
The tenderers shall furnish the list of equipment including scaffolding proposed to be
utilized in carrying out the Work in Form H. Details of any other plant & equipment
required for the Work not included in Form H and available with the tenderer may also be
indicated.

12. LETTER OF TRANSMITTAL
The tenderer shall submit the Letter of Transmittal in the format as prescribed in this
document.
13. OPENING OF THE FINANCIAL TENDER
After evaluation of the eligibility documents, a list of short listed tenderers qualified in
eligibility criterion shall be prepared. Thereafter, the financial tenders of only the qualified
and technically acceptable tenderers shall be opened at the notified time, date and place in
the presence of the qualified tenderers or their representatives. The validity of the tenders
shall be 90 (Ninety) days and shall be reckoned from the date of opening of the Financial
Tender.
14. AWARD CRITERIA
14.1. The Owner reserves the right, without being liable for any damages or any
obligation to inform the tenderer, to:
14.1.1. Amend the scope and value of Work to the tenderer.
14.1.2. Reject any or all of the applications without assigning any reason.
14.2. Any effort on the part of the tenderer or his agent to exercise any influence
or to pressurize the Owner shall result in rejection of its tender. The Owner
clarifies that any kind of canvassing or any act of similar nature is expressly
prohibited.

INFORMATION REGARDING ELIGIBILITY CRITERION
LETTER OF TRANSMITTAL
From:
To
The Director
Indian Institute of Management, Udaipur
Village Balicha, District Udaipur,
Rajasthan
Dear Sir,
Subject: Supply and Installation of Semi Unitized Curtain Wall Glazing for at the
Permanent campus of IIMU at Balicha, Rajasthan.
Having examined the details given in Press –Notice and Technical Tender document for
the above work in the subject hereinabove, I/we hereby submit the relevant information
as hereunder:
a. I/We hereby certify that all the statement made and information supplied in the
enclosed Forms A to K and accompanying statement are true and correct in all respects
and no information has been concealed and misrepresented.
b. I/We have furnished all information and details necessary for certifying the
eligibility and that no further pertinent information required to be shared remains
undisclosed.
c. I/We hereby submit the requisite certified solvency certificate and authorize the
Director, IIMU to approach the bank issuing the solvency certificate to confirm the
correctness and veracity thereof. I/We also authorize Director, IIMU to approach
individuals, owners, firms and corporations to verify my/our competence and reputation.
d. I/We submit the following certificates in support of my/our suitability, technical

knowledge and capability for having successfully completed the following works:

Sr.No. Name of Work Certificate from
Enclosures: Seal of tenderer
Date of submission
SIGNATURE(S) OF TENDERER(S)

FORM A
FINANCIAL INFORMATION
Financial Analysis-Details to be furnished duly supported by figures in balance

sheet/profit & loss account for the last five (5) years duly certified by the Statutory
Auditors/ a chartered accountant (in case the appointment of a statutory auditor is not
applicable), as submitted by the tenderer to the Income Tax Department (copies of all the
documents to be attached).
S. Description Years
No.
2012-2013 2013-2014 2014-2015 2015-2016 2016-2017
i) Gross
Annual
turnover
ii) Turnover
on Semi-
unitised/
Unitised
Curtain
wall
glazing
works
iii) Profit/Loss
I.Financial arrangements for carrying out the proposed work.
II. Solvency Certificate from Bankers of tenderer in the prescribed Form B
SIGNATURE OF TENDERER(S)
Signature of Chartered Accountant with Seal

FORM B
(FORM OF BANKER’S SOLVENCY CERTIFICATE FROM A SCHEDULED BANK)
SOLVENCY CERTIFICATE
This is to certify that to the best of our knowledge and information that
M/s./Shri……………………………………… having marginally noted address, a customer
of our bank are/is respectable and can be treated as good for any engagement up to a
limit of
Rs……………(Rupees………………………………………………………………………………
……………..…).
This certificate has been issued at the specific request for limited purpose of submitting
the same to the Indian Institute of Management, Udaipur (Rajasthan) and shall not be
used for any other purpose whatsoever.
This certificate is issued without any guarantee or responsibility on the bank or any of our
officers and employees.
(Signature)
For the Bank
GENERAL INSTURCTIONS:
(1) Banker’s Solvency Certificate must be on the letterhead of the bank issuing such
certificate, sealed in a cover addressed to the Director, IIMU.
(2) In case the Solvency Certificate is issued at the request of a partnership firm, such
certificate must include names of all partners as recorded with the Bank.
(3) The Solvency Certificate shall not be more than 6 months old.

FORM C
DETAILS OF ALL WORKS OF SIMILAR NATURE COMPLETED & PROJECT

SPECIFIC WORK DURING THE LAST SEVEN YEARS ENDING MARCH 31, 2017
A B C D E F G H I J
sponsoring
Date of commencement as per
number of officer to whom

Name and address / telephone
and
pending / in progress with

Litigation / arbitration cases
Stipulated date of completion
work/project
Actual date of completion
reference may be made

Cost of work in Crores
or
organization
Name of
Remarks
location
contract
details*
Owner
Sr.No
1
2
3
Certified that the above list of works is complete and no work has been left undisclosed
and that the information furnished above is true, correct and not misleading to my/our
knowledge and belief.

FORM “D”
PROJECTS UNDER EXECUTION OR AWARDED AS OF MARCH 31, 2017
A B C D E F G H I
telephone number of officer

Up to date percentage
Slow progress if any, and
address/
sponsoring
Name of work/ project and
of
Date of commencement as
date
progress of work
reasons thereof
and
or
Cost of work
organization
per contract
completion
Stipulated
to whom
Remarks
location
Owner
Name
Sr.No
Certified that the above list of works is complete and no work has been left undisclosed
and that the information furnished above is true, correct and not misleading to my/our
knowledge and belief.

FORM E (On respective owner’s letterhead)
PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMS C & D
1 Name of work/
Project & Location
2 Agreement No.
3 Estimated Cost
4 Tendered Cost
5 Date of Start
6 Date of completion
i) Stipulated Date of Completion
ii) Actual Date of Completion
7 Amount of compensation levied for
Delayed completion, if any.
8 Amount of reduced rate items, if any.
9 Performance Report
1) Quality of Work Very Good/Good/Fair/Poor
2) Financial Soundness Very Good/Good/Fair/Poor
3) Technical Proficiency Very Good/Good/Fair/Poor
4) Resourcefulness Very Good/Good/Fair/Poor
5) Company / Personal establishment during Very Good/Good/Fair/Poor

work.
6) General Behavior Very Good/Good/Fair/Poor

Certified that the above information is complete and that the information furnished above
is true, correct and not misleading to my/our knowledge and belief.
Dated: Signed by Ex. Engineer or equivalent

and attested by first class judicial
magistrate or equivalent or Group A
Stamp: Gazette officer of Central or any State
Government or equivalent.

FORM F
STRUCTURE & ORGANIZATION
1 Name & Address of the tenderer
2 Telephone No./Telex No./Fax No./e-mail

address
3 Legal status of the tenderer (attach copies of

original document defining the legal status).
A proprietary firm
a)
A firm in partnership
b)
A limited company or
c)
Corporation
4 Particulars of registration with various Government bodies (attach attested photo-

copy).

ORGANIZATION/PLACE OF REGISTRATION REGISTRATION
NO.
5 Names and Titles of Directors & Officers with

designation to be deputed for the Works
6 Designation of individuals authorized to act for

the organization.
7 Was the tenderer ever required to suspend

construction for a period of more than six months
continuously after commencement of
construction? If so, give the name of the project
and reasons of suspension of work.
8 Has the tenderer or any constituent partner in case

of partnership firm, ever abandoned the awarded
work before its completion? If so, give name of the
project(s) and reasons for abandonment.

of partnership firm, ever been debarred/ black
listed for tendering by any organization at any
time? If so, give details.

of partnership firm, ever been convicted by a
court of law? If so, give details.
11 Field of specialization and interest of the tenderer

in the Civil Engineering Construction
12 Any other information considered necessary but

not included above.
Certified that the information mentioned above is complete and no information has been
left undisclosed and that the information furnished above is true, correct and not
misleading to my/our knowledge and belief.

FORM G
DETAILS OF TECHNICAL & ADMINISTRATIVE PERSONNEL TO BE EMPLOYED

FOR THE WORK
experience and details of work
How these would be involved in this

construction
Number available for this work
Qualifications
Total number
Professional/
Designation
carried out
Remarks
Sl. No.
Name
work
A B C D E F G H J

FORM H
DETAILS OF EQUIPMENT PROPOSED TO BE USED IN EXECUTION OF THE

WORKS
Sl.
of
or
N
Ownership
Equipment
Condition
Capacity
Remarks
o.
location
Current
Name
status
Type
Nos.
Age
be
Purchased
Presently
Owned
Leased
A B C D E F G H To
I J K

Sl. of
or
N
Ownership
Equipment
Condition
Capacity
Remarks
o.
location
Current
Name
status
Type
Nos.
Age
be
Purchased
Presently
Owned
Leased
To
A B C D E F G H I J K
I/We, the undersigned, do hereby undertake that we shall deploy all plants, equipment’s
and machineries required for implementation of the project as per technical specifications.
I/We also undertake to either own or have assured access through hire or lease the key
items of the equipment’s as specified in this form.
………………………….……………………….
Signed by an Authorized Officer of the tenderer

FORM I
GENERAL INSTRUCTIONS FOR THE AFFIDAVIT:
1. The affidavit shall be executed on appropriate non-judicial stamp paper of minimum

value as applicable in the State of Rajasthan and notarized by a Notary Public;
2. Scanned copy of the affidavit shall be uploaded at the time of submission of the tender in soft
copy.
AFFIDAVIT
I, ____________, aged ___ years, son/daughter of________, presently residing at

___________and authorized by ___________________(name of tenderer) (“Tenderer”) to
solemn this affidavit on behalf of the Tenderer, solemnly affirm on oath as hereunder:
1. The Tenderer confirms that eligible similar works(s) have not been got executed
through another contractor on back to back basis.
2. The Tenderer confirms and agrees that, if any such violation comes to the notice of
Indian Institute of Management, Udaipur (“Owner”), then the Owner shall be at
liberty to initiate appropriate penal and legal action against the Tenderer.
3. The Tenderer confirms and agrees that if such a violation comes to the notice of the
Owner at any time before the date of start of Work, the engineer-in-charge shall be
free to forfeit the entire amount of Earnest Money Deposit/Performance Guarantee.
DEPONENT
VERIFICATION

___________and authorized by Tenderer verify that the information mentioned above is
true and correct to the best of my knowledge and belief.
DEPONENT

FORM J
CRITERIA FOR ELIGIBILITY CRITERION EVALUATION OF CONTRACTORS
Attributes Max. Min. Evaluation Criteria *1

Marks qualifying
marks
A Financial strength 20 10 (i) 60% marks for minimum eligibility criteria
1 Average annual 16 (ii) 100% marks for twice the mini

turnover criteria or more
2 Solvency Certificate 4 In between (i) & (ii) – on pro-rata basis
B Experience of Work 30 15
during last seven years.
B1 Experience in similar 30 15 (i) 60% marks for minimum eligibility criteria (ii) 100
nature of work during the minimum eligibility criteria or more In between
last seven years rata basis
* - Precise certificate given by the Owner/owner signe
below the rank of Executive Engineer or equivalent
along with photographic evidence to support evaluatio
in case of absence of such document Zero (0) marks s
the specific category of evaluation.
C Performance on works 20 10
(time over run)
Parameter - SCORE
Calculation for Points If TOR = 1 2 3 >3.5

1 Without levy of 20 15 10 5
compensation
2 With levy of 20 5 0 -5
compensation
3 Levy of compensation 20 10 0 0
not decided
TOR (Time Over Run) = AT/ST, where AT=Actual
Time; ST=Stipulated Time.
Note: Marks for value in between the stages indicated above is to be determined by
straight line variation basis
D Performance of works (Quality) 20 10 The evaluation will be don
committee/jury nominated by
the purpose based on doc
and/or other means as
committee/jury who may inclu
of project re
The tenderer must submit
given by the Owner/owner si
not below the rank of Exec
equivalent along with photog
support evaluation for this c
absence of such document Ze
be awarded for the spec
evaluation.
E Personnel and Establishment 5 2.5
proposed for the project
1 Graduate Engineer 2 0.5 mark for each
2 Diploma holder Engineer 2 0.5 mark for each
3 Supervisory/Foreman 1 0.25 mark for
each
F Plant & Equipment proposed 5 2.5 As per list attached.
for the project
To become eligible for short listing the tenderer must secure at least 50% marks in each of the above c
D, E and F and 60% marks in aggregate. The Institute reserves the right to restrict the list of qualif
any number deemed suitable by it.
*1- Precise certificate given by the Owner signed by an officer not below the rank of Executive Engineer or e
furnished along with photographic evidence to support evaluation for this category, in case of absence of such
marks shall be awarded for the specific category of evaluation.

FORM L
GENERAL INSTRUCTIONS FOR THE AFFIDAVIT:
1. The affidavit shall be executed on appropriate non-judicial stamp paper of minimum

value as applicable in the State of Rajasthan and notarized by a Notary Public;
2. Scanned copy of the affidavit shall be uploaded at the time of submission of the tender in soft
copy.
AFFIDAVIT FOR SITE VISIT

___________and authorized by ___________________(name of tenderer) (“Tenderer”) to
solemn this affidavit on behalf of the Tenderer, solemnly affirm on oath as hereunder:
1. The Tenderer confirms that the Tenderer has duly undertaken the visit of the
proposed project site of Indian Institute of Management, Udaipur located at Village
Balicha, Udaipur, Rajasthan.
2. The Tenderer has inspected and examined its surroundings and has satisfied itself
about the site conditions and site logistics. The Tenderer confirms that it is aware of
the ground conditions and nature of the site, means of access to the site and the
accommodation area required for establishing the labour camp. The Tenderer
agrees and confirms it shall be solely responsible for arranging and maintaining the
afore-mentioned at its own cost including all materials, tools & plants, water,
electricity, access, facilities for workers and all other services required for executing
the Work unless otherwise specifically provided for in the contract documents.
3. The Tenderer confirms and agrees that the submission of the tender implies that the
requisite site visit has already been undertaken and that the Tenderer has
acquainted itself with the local conditions and other factors having a bearing on the
execution of the Work.
DEPONENT
VERIFICATION

___________and authorized by Tenderer verify that the information mentioned above is
true and correct to the best of my knowledge and belief.
DEPONENT

Requirement of technical Staff
Technical Staff
The tenderer shall deploy sufficient number of technical and administrative employees for
smooth execution of the Work. The tenderer shall submit a list of employees stating
clearly the responsibility to be assigned to each of such employees. Further, the tenderer
shall have the capability and resources to arrange sufficient numbers of skilled and
unskilled Labourers per day continuously for 90 days for various stages of the Work. The
tenderer shall have to demonstrate the capability to arrange such workers and additional
numbers as per the requirement assessed by the Engineer-in-Charge for timely completion
of various stages of the Work. The capability as claimed by the tenderer shall be
supported by the past performance and an undertaking.
REQUIREMENTS OF TECHNICAL STAFF
Technical Requirement of Technical staff Minimum

Staff experience
Qualification Number Designation
of
construction
work
(Years)
Civil i. Project Leader 1 15 Principal

Engineers Technical
Representative
ii. Graduate 1 10
Engineer
Sr. Technical
iii. Graduate
2 5 Representative
Engineer
Or
2 10 Technical
Diploma
Engineer Representative
Iv. Foreman 2 10
iv. Supervisors 2 05

SECTION 2
PROFORMA OF SCHEDULES: A TO F

SCHEDULE A
SCHEDULE OF QUANTITIES

SCHEDULE B
Schedule of materials to be issued to the Contractor
Sr. Descripti Quantity Rates in figures & Place of issue

No. on of words at which the
item material will be
charged to the
contractor
1 2 3 4 5
NIL NIL NIL NIL
Power and water required for the tendered work will be provided at one point and the
Contractor shall arrange for the distribution of the same at his own cost.

SCHEDULE C
Tools and plants to be made available to the Contractor:
Sr. No. Description of item Quantity
1 2 3
NIL NIL

SCHEDULE D
Extra schedule for specific requirements / documents for the work if any.
The tenderer may give additional information other then sought for in the preceding
paragraph.

SCHEDULE E
Reference to General Conditions of Contract.
Name of Work : Supply and Installation of Semi Unitized Curtain Wall Glazing for the
Permanent Campus of IIMU at Balicha, Rajasthan.
Estimated cost of work: Rs.2.75Crores
Earnest Money: Rs 5,50,000/-
(ii) Performance Guarantee: 5%(Five percent) of tendered value
(iii) Security Deposit : 5% (Five Percent) of tendered value

SCHEDULE F (GENERAL RULES & DIRECTIONS)
(1) Authority Inviting Tender.- Director, Indian Institute of Management, Udaipur
(2) Maximum percentage for quantity of items of work to be executed beyond which
rates are to be determined in accordance with Clauses “Deviation, Extra items and
pricing & Deviation submitted items and pricing” Please refer below
Definitions:
Sr. No DESCRIPTION DETAILS
1 Owner Director, Indian Institute of

Management Udaipur (IIMU)
2 Project Manager Nominated Person by IIMU
3 Design Consultant Consultants, appointed by IIMU as

Design Consultant.
4 Engineer In charge Authorized representative
appointed by Indian Institute of
Management UDAIPUR
5 Accepting Authority Director, Indian Institute of
6 Percentage on cost of materials and 15%
Labour to cover all overheads and
profits
7 Rates considered for Estimate DSR 2016 & Market Rates as
applicable.
CLAUSE 4.2: Performance Guarantee
1 Time allowed for submission of 10 (Ten) Days

Performance Guarantee from the
date of issue of letter of acceptance
2 Maximum allowable extension 5 (Five) Days with late fee @ 0.1%

beyond the period provided in 1 per day of the Performance
above Guarantee amount.

CLAUSE 4.4: Compensation for Delay and Incentive for early completion
1 Authority for fixing Indian Institute of Management

compensation under its Udaipur
clause
CLAUSE 4.8: Time and Extension for Delay
1 Number of days from the 15 (Fifteen) days.

date of issue of letter of
acceptance for reckoning date
of start.
Milestone(s) as per table given below:-
Though the overall time of completion is 90 days the contractor shall complete all the
façade work, strictly conforming to the time limit specified for such items. Any delay in
achieving specified timeline given in the Milestones (as mentioned below) of these
building shall invite withholding of payments as indicated against each and every
Milestone:
Project Milestone Schedule:
Sr. Description of Time allowed in Amount to be with-

No. Milestone (Physical) Months (from date of held in case of non-
start) achievement of
milestone
Milestone of phase 1A ( Time duration 03 Months)
1 Completion of 30 days 1% of tendered

Structural Framing amount.
work for Façade
support and Installation
of Clamps for
Supporting the façade
and procurement of
Glazing
2 Installation of the Semi 30 days 0.5% of tendered

Unitized Façade on to amount

the structure as per
drawing
Note: Withheld amount shall be released if and when subsequent milestone is achieved
within respective time specified.
1 Total Time allowed for execution 90 days

of work
2 Authority to decide Extension of Director, Indian Institute of Management

Time Udaipur (IIMU)
3 Rescheduling of Milestones Engineer In Charge, and the Rescheduling is

to be approved by Director, Indian Institute of
CLAUSE 4.11: Payment on Intermediate Certificate to be regarded as Advances
1 Gross work to be done Rs. 25 Lakhs minimum value for Running

together with net payment / Account Bills
adjustment of advances for
material collected, if any, since Duration between two Running Account Bills
the last such payment for is minimum 15 days
being eligible to interim
payment.
List of Testing Equipment’s.
1 List of Testing equipment to NOT APPLICABLE

be provided by the contractor
at site Laboratory.
CLAUSE 4.17 & 4.18: Mobilization Advance or Secured Advance.
1 Mobilization Advance or 10 percent mobilization advance

Secured advance on Non- against Bank Guarantee; 60% of
perishable materials. contract value as secured advance

CLAUSE 4.19: Payment due to increase/decrease in Prices/ Wages (excluding materials
covered under clause after Receipt of Tender for Works):
1 Payment due to increase/decrease Not Applicable

in Prices/ Wages (excluding
materials covered under clause
after Receipt of Tender for Works)
CLAUSE 4.21: Work to be executed in accordance with Specifications, Drawings, and

Orders etc
1 Specifications Detailed Specifications and

related IS codes.
CLAUSE 4.22: Deviations/Variations/ Extent and Pricing
1 Deviation limit beyond clause 4.22 Not Applicable

shall apply for all building work
(Above plinth level).
CLAUSE 4.26: Action in case work not done as per Specifications
1 Competent Authority for deciding Engineer in Charge

reduced rates.
CLAUSE 4.28: Contractors to Supply Tools & Plants etc.
1 List of machinery, tools & Appendix-I but not limited to.

plants to be deployed by the
contractor at site
CLAUSE 4.37 : Settlement of Disputes
1 Settlement of Disputes Committee appointed by IIMU

Employment of Technical Staff and employees
Requirement of Technical Representative(s) in progressive manner in satisfaction of

Project Manager & Engineer-In-Charge with its recovery Rate.
S. Minimum Discipl Designation Minimum Number Rate at

ine (Principal Experience which
N Qualification
recovery
o. of Technical/
shall be
Technical
Technical made
Representative) from the
Representative contractor
in the
event of
not
fulfilling
provision
Given in
Page 66
Amount
1 Project Civil Principal Fifteen One Rs. .

Manager with Years 1,25,000
Technical
degree in /-
representative
Engineering
p.m.
2. Graduate Civil Senior Ten Years One Rs.

Engineer 75,000/-
Technical
representative p.m.
3. Graduate Civil Technical Five Years Rs. .

Engineer representative 30,000/
or Two p.m.
Diploma Rs.
Engineer Ten Years 30,000/-
p.m.
4 Forman Civil Ten Years Two Rs.
25,000/-
p.m.

S. Minimum Discipl Designation Minimum Number Rate at
ine (Principal Experience which
N Qualification
recovery
o. of Technical/
shall be
Technical
Technical made
Representative) from the
Representative contractor
in the
event of
not
fulfilling
provision
Given in
Page 66
Amount
5 Supervisor Civil Ten Years Two Rs.

20,000/-
p.m.
(TABLE-2)
LIST OF MINIMUM REQUIREMENT OF PLANT AND EQUIPMENT TO BE OWNED

/ TAKEN ON LEASE BY THE CONTRACTOR
Sl. Equipment Numbers (Minimum)

No.
1. Trolley for Transferring of Glass Panels 6
2. Winch Machine for Lifting of Panels 2
3. Suction Cups for Holding glass Panels 6 Set
4. Measure Tapes 4
5. Plumb Bobs 4
6. DG set of minimum capacity 10 KVA. 1
Note: The above list is only indicative and not exhaustive.

SECTION 3
GENERAL RULES & DIRECTIONS

In the event of the tender being submitted by a firm, it must be signed separately by each
partner thereof or in the event of the absence of any partner, it must be signed on behalf of
such partner by a person holding a valid power of attorney from such absentee partner
specifically for the purposes of the tender. Such power of attorney shall be produced
along with the tender. Any firm submitting its bid pursuant to the tender shall be duly
registered under the Indian Partnership Act, 1932.
Receipts for payment made on account of completed Work, when executed by a firm,
must also be signed by all the partners, except where contractors are described in their
tender as a firm, in which case the receipts must be signed in the name of the firm by one
of the partners, or by some other person having due authority to give effectual receipts for
the firm.
1. Any person who submits a tender shall fill up the rates in the Schedule of
quantities. Tenders, which propose any alteration in the Work specified in the
Schedule of Quantities or in the time allowed for executing the Work or which
contain any other conditions of any nature, including conditional rebates, shall be
liable to be summarily rejected.
2. Being an Item Rate Tender, only rates quoted shall be considered. Rates
quoted by the contractor in item rate tender in figures and words shall be
accurately filled in so that there is no discrepancy in the rates written in figures and
words. However, if a discrepancy is found, the rates which correspond with the
amount worked out by the contractor shall unless otherwise proved be taken as
correct. If the amount of an item is not worked out by the contractor or it does not
correspond with the rates written either in figures or in words, then the rates
quoted by the contractor in words shall be taken as correct. Where the rates quoted
by the contractor in figures and in words tally, but the amount is not worked out
correctly, the rates quoted by the contractor will unless otherwise proved be taken
as correct and not the amount. In event no rate has been quoted for any item(s),
leaving space both in figure(s), word(s), and amount blank, it will be presumed that
the contractor has included the cost of this/these item(s) in other items and rate for
such item(s) shall be considered to be zero and Work shall be required to be
executed accordingly.
3. All rates shall be quoted on the tender form. The amount for each item shall
be worked out and requisite totals given specifically. Special care should be taken
to write the rates in figures as well as in words and the amount in figures only, in
such a way that interpolation is not possible. The total amount should be written
both in figures and in words. In case of figures, the word ‘Rs.’ should be written
before the figure of rupees and word ‘P’ after the decimal figures, e.g. ‘Rs 2.15 P’
and in case of words, the word, ‘Rupees’ should precede and the word ‘Paisa’

should be written at the end. Unless the rate is in whole rupees and followed by the
word ‘only’ it should invariably be up to two decimal places. While quoting the
rate in Schedule of Quantities, the word ‘only’ should be written closely following
the amount and it should not be written in the next line.
4. If the Tender of the successful Tenderer is seriously unbalanced in relation to

estimate of the cost of Work to be performed under the tender, the Owner may
require the Tenderer to produce detailed price analyses for any or all items of the of
Quantities, to demonstrate the internal consistency of those prices with the
implementation/construction methods and the schedule proposed.
5. The IIMU will open tenders in the presence of any intending contractors who
may be present at the time, and will enter the amounts of the several tenders in a
comparative statement in a suitable form. In the event of a tender being accepted, a
receipt for the earnest money shall there upon be given to the contractor who shall
thereupon for the purpose of identification sign copies of the specifications and
other documents mentioned above. In the event of a tender being rejected, the
earnest money shall thereupon be returned to the respective tenderers without any
interest on such earnest money.
6. The IIMU shall have the right of rejecting all or any of the tenders and shall
not be bound to accept the lowest or any other tender.
7. In the case of any tender where unit rate of any item/items appear
unrealistic, such tender shall be considered as unbalanced and in case the tenderer
is unable to provide satisfactory explanation, such a tender shall be liable to be
disqualified and rejected.
8. The receipt of an accountant or clerk for any money paid by the tenderer shall
not be considered as an acknowledgment for payment to the IIMU and the tenderer
shall be responsible for ensuring that a receipt signed by the IIMU or a duly
authorized cashier is obtained for monies paid.
The tenderers shall sign a declaration under the Officials Secret Act, 1923, for
maintaining secrecy of the tender documents, drawings or other records connected
with the Work awarded to the tenderer. The unsuccessful tenderers shall return all
the drawings shared during the course of the tender process.
9. Use of correcting fluid, anywhere in tender document shall not be permitted.

Such tender shall be laible to be rejected .
i. The Contractor whose tender is accepted, shall be required to furnish

performance guarantee of 5% (five percent) of the tendered amount within the
period specified herein. Such performance guarantee shall be in the form of

Banker’s cheque of any nationalized bank/demand draft of any nationalized
bank/ fixed deposit receipts or guarantee bonds of any nationalized bank in
accordance with the prescribed form.
ii. The tenderer whose tender is accepted shall be required to furnish by way of
Security Deposit for the fulfillment of the Contract, an amount equal to 5% of the
tendered value of the work. The Security Deposit shall be collected by deductions
from the running bills of the Contractor at the rates mentioned above and the
earnest money deposited at the time of tenders, shall be treated as a part of the
iii. Security Deposit. The Security Depsoit shall also be furnished in form of bank
guarantee.
10. Upon acceptance of the tender, the name of the accredited representative(s)
of the tenderer, responsible for taking instructions from the Engineer-in-Charge,
shall be communicated in writing to the Engineer-in-Charge/Design Consultant
with a copy to the Owner.
11. GST applicable in respect of the Contract shall be payable by IIMU and it
shall be reimbursed by the IIMU on reccomandation of Engineer-in-Charge upon
satisfaction that the requisite GST has been actually and genuinely paid by the
Contractor.
12. The Tender for the Work shall not be witnessed by a tenderer (s) who are
participating in the tender for the same Work. Failure to comply with this condition
shall render the tenders of both the rendering as well as the the tenderering
witnessing liable to be summarily rejected.
13. The Contractor shall comply with the provisions of the Apprentices Act, 1961, and
the rules and orders issued there under from time to time. Any failure to so shall
amount to a breach of the Contract and the Owner may in its discretion, without
prejudice to any other right or remedy available in law, cancel the Contract. The
Contractor shall also be liable for any pecuniary liability arising on account of any
violation under the provisions of the Apprentices Act, 1961.
General instructions for filling of Tender:
The tender shall be written in English language. All other information such as documents
and drawings supplied by the tenderer shall also be in English language only. Drawings
and design shall be dimensioned according to the metric system of measurements. Tender
shall be forwarded under cover or a letter typewritten on the tenderer’s letterhead and
duly signed by the tenderer. Signature must be in long hand, executed in ink by a duly
authorized principal/representative of the tenderer. No oral, telegraphic or telephonic
tenders or subsequent modifications there to shall be entertained. If a tender is submitted

on behalf of the firm, then all the partners shall sign the Tender or the Tender may be
signed by one of the partners in whose favor all the remaining partners have given such
signing partner a valid General Power of Attorney. In case of tender submitted by a
company, the person who has been authorized by the Board of Directors through a
resolution shall sign the tender. Copy of power of attorney/resolution as the case may be,
and the authority letter in favor of the person signing must accompany the tender.
The Tenderer shall quote the rate both in words and in figures, with reference to each item
for all the items shown in the attached Schedule of Quantities. Incomplete offer under the
tender shall be liable for rejection. Quantities shown in the Sschedule of Quantities are
approximate and can increase or decrease (i.e. the rates are firm and are independent of
quantity). No claim shall be entertained for any item of work due to variation in the
quantities.
The tender shall be typed or written in indelible ink and shall be signed by the tenderer or
a person(s) duly authorized to sign under a valid Power of Attorney/Board Resolution on
behalf of the Tenderer. The person or persons signing the tender shall initial at all pages of
the tender document and an initial shall be affixed at all such places where any insertions,
corrections or amendments are made by hand.
The tenderer shall sign at the bottom right hand corner of every page of the tender
documents in token of acceptance of tender conditions and for the purpose of
identification.
General instructions:
The offer shall remain valid for acceptance for a period of 90 (Ninety) days from the date
of opening of the Tender.
The Contractor shall give his address for communication along with telephone/e-mail
address and all communication made by IIMU to the said address by rregistered post
acknowledgement due, speed post, courier or any other mode of service shall be deemed
to have been effected provided that communication made by mobile, telephone or e-mail
shall be followed by a written communication through courier/post. All correspondence
addressed to IIMU shall be in the name of Director, IIMU at the Permanent Campus IIM
Udaipur, Balicha,Udaipur , Rajasthan.
Submission of a tender by a tenderer implies that it has read all the terms and conditions
contained in this document and all other contract documents and has acquainted itself of
the nature, scope and specifications of the Works to be executed. The Contractor shall also
be deemed to have acquainted itself of the local conditions and other factors, which might
have a bearing on the execution of the Works. IIMU shall in no event be held liable for

any loss/damage/harm for costs or otherwise caused to the Contractor due to such non-
acquaintance.
Against the loss/damage/harm caused, IIMU shall not be liable for any act or omission of
the act of the Contractor in so far as any violation of any of the aforementioned act.
Unless otherwise stated, the contract shall be for the whole Work as described in the
“Schedule of items of Works” and under the drawings. The Contractor shall be bound to
complete the whole Work within such stipulated time as set out in the schedule of items of
Works and the drawings, including such additional items as may be necessary, if any, as
per drawings and instructions. The issuance of certificate of completion as issued by the
Engineer-in-Charge and Design Consultant shall be mandatory for indicating the
successful completion of work and such certificate of completion will be conclusive proof
of completion of Work.
The work to be carried out under the Ccontract shall, except as otherwise provided in
these conditions shall include all Labour, materials, tools, plants, equipment, transport
and royalties which may be required in preparation of the full and entire execution and
completion of the Works. The descriptions given in the Schedule of Quantities shall,
unless otherwise stated be held to include wastage of materials, carrying and all other
Labour necessary for the full and entire execution and completion of the Work as
aforesaid in accordance with the specifications, good practice and recognized principles.
The Contractor shall be deemed to have satisfied itself before submission of the tender as
to the correctness and sufficiency of the tender for the Works and of the rates and prices
quoted in the Schedule of Quantities, which rates and prices shall, except as otherwise
provided, cover all his obligations under the Ccontract and all matters and things
necessary for the proper completion and maintenance of the Works. Under no
circumstances shall the Contractor withdraw from the Contract once the tender is
accepted. In anevent of withdrawal or default by the Contractor, the deposit of earnest
money made by the Contractor shall stand forfeited.
No cost payable for preparing tender: The tenderer shall not be entitled to claim any costs,
charges, expenses in connection with preparation and submission and subsequent
clarification of its tender in the event of withdrawal of the invitation of tenders by IIMU.
The Contractor shall comply with the provisions of the Apprentices Act, 1961, Minimum
Wages Act, 1948, Workmen’s Compensation Act, 1923, Contract Labour (Regulation and
Abolition) Act, 1970, Payment of Wages Act, 1936, Owner’s Liability Act, 1938, Maternity
Benefits Act, 1961, and the Industrial Disputes Act, 1947 as may be applicable and the
rules and regulations issued there under from time to time. The list of the statutes
mentioned above is an indicative list and all enactments applicable for workmen shall be

complied with by the tenderer. Any failure to comply with such statutes shall amount to
breach of the Contract and the Engineer-in-Charge may, at his discretion, terminate the
Contract without any prior notice being furnished to the Contractor. The Contractor shall
also be liable for any pecuniary liability arising on account of violation of any of the said
statutes and shall indemnify and keep the IIMU indemnified for any loss or damage
arising on account of the same.
The provisions in the Tender documents shall prevail over the contents of the above
paragraphs if there is any contradiction or variation in the conditions mentioned
hereinabove and those contained in the Contract Documents.

SECTION 4
GENERAL CONDITIONS OF CONTRACT

Definitions
The Contract means the documents forming the tender and acceptance thereof and the
formal agreement with the Contractor, together with the documents referred to therein
including these conditions, the specifications, designs, drawings and instructions issued
from time to time by the IIMU/ Engineer-in- Charge / Design Consultant and all these
documents taken together, shall be deemed to form one contract and shall be
complementary to one another.
In the contract, the following expressions shall, unless the context otherwise requires,
have the meanings, hereby respectively assigned to them:-
Work:
The expression work or works shall, mean unless there be something either in the subject
or context repugnant to such construction the context otherwise requires be construed and
taken to mean the works by or by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered, substituted or additional.
Site:
The Site shall mean the land, adjacent land, path, street or other places, the exclusive right
and/or the ownership of which vests with IIMU through which work is to be executed
under the contract and which may be allotted or used for the purpose of carrying out the
work(s) under the contract.
Contractor:
The Contractor shall mean the individual, firm or company, whether incorporated or not,
undertaking the works and shall include the legal personal representative of such
individual or the persons composing such firm or company, or the successors of such firm
or company and the permitted assignees of such individual, firm or company.
Owner/ Owner:
Owner shall mean IIMU. IIMU means Indian Institute of Management UDAIPUR.
Project Manager:
Means nominated person appointed by IIMU.
Design Consultants:
Design Consultants shall mean specialist architects, associate architects and their
authorized consultants and Engineers appointed by the IIMU to design and moniter the
Architectural and, Structural, works and also to check quality of installation of systems
and equipments in the Works and ensure that the same is done as per the drawings
approved.

Engineer-in-Charge:
Engineer-in-Charge (EIC) shall mean the authorized representative appointed by IIMU,
who shall supervise and be in charge of the work. Enigeneer-in-Charge will administer
the contract with the assistance of his authorized subordinate Engineers.
Accepting Authority:
Accepting Authority shall mean the authority mentioned in Schedule ‘F’.
Excepted Risk:
Excepted Risk are risks due to riots (other than those on account of Contractor’s
employees), war (whether declared or not) invasion, act of foreign enemies, hostilities,
civil war, rebellion revolution, insurrection, military or usurped power, any acts of Owner
damage from aircraft, acts of God, such as earthquake, lightening and unprecedented
floods and other causes over which the Contractor has no control and accepted as such by
the Accepting Authority (i.e. either the Owner or an Agency appointed by the Owner) or
causes solely due to use or occupation by Owner of the part of the Work in respect of
which a certificate of completion has been issued or a cause solely due to Owner’s faulty
design of works..
Market Rate:
Market rate shall be the rate as decided by the Engineer-in-Charge in consultation with
Design Consultant on the basis of the cost of materials and Labour at the site where the
Work is to be executed plus the percentage mentioned in Schedule ‘F’ to cover all
overheads and profits of the Contractor and approved by the IIMU.
Tendered value:
Tendered value / Contract value means the value of, the entire Work as stipulated in the
letter of award.
Date of commencement of work:

The Date of commencement of work shall be the date when contract comes into existence
i.e. the date the Letter of Acceptance by IIMU is awarded or the first date of handing over
of the site, whichever is later, in accordance with the phasing if any, as indicted in the
tender document.
Nominated Sub-Contractor:
Nominated Sub-Contractor shall mean any person or agency appointed by IIMU for the
execution of any particular Work or providing any services under the Contract.

Samples:
Samples are physical samples, which illustrate materials, equipment or workmanship and
establish standards by which the Work will be judged.
Shop drawings:
Shop drawings means those drawings or other documents which are specifically prepared
by or on behalf of the Contractor to illustrate details of construction for the purpose of
fabrication or installation or any other construction related works mentioned in the
Tender which required by the Design Consultant and are submitted to the Engineer In
charge for the approval/suggestion/verification from Design Consultant as the
Contractor’s intended method of achieving the end result required by the Contract
Drawings and Specifications.
Submittals:
Submittals includes progress schedules, setting out drawings, shop drawings, testing
and inspection reports, and other information required by the Contract Documents to
be submitted by the Contractor for information or approval by the Engineer in Charge.
Virtual Completion:
Virtual Completion shall mean completion of the Works as per drawings and
specifications to the entire satisfaction of Engineer in Charge/ Design Consultant/ IIMU
whose decision shall be final and binding on the parties in this regard and particularly the
act of securing by the Contractor to get the virtual completion certificate from the
Engineer in charge and submission of the same to the IIMU to start the Defect liability
period of the contract.
Final Completion:
Final Completion shall mean the completion of the Works and any necessary rectification
directed to be carried out during the Defects Liability Period and any extension thereof by
the Contractor and securing of such final completion certificate from the Engineer in
Charge/ Design Consultant/ IIMU, and also obtaining the final handing over of the
Works to the IIMU, and the acceptance of the same.
Works to be carried out

The Work to be carried out under the Contract shall, except as otherwise provided in these
conditions shall include all Labour, materials, tools and plants, equipment and transport
to be provided at the cost and expense of the Contractor which may be required in
preparation of and for and in the full and entire execution and completion of the Works.
The descriptions given in the Schedule of Quantities shall unless otherwise stated, be held
to include wastage on materials, carriage and cartage, carrying and return of empties,

hoisting, setting, fitting and fixing in position and all other Labours necessary in and for
the full and entire execution and completion of the Works as aforesaid in accordance with
good practice and recognized principles.
Sufficiency of Tender:
The Contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates and prices quoted
in the Schedule of Quantities and Tender Documents, which rates and prices shall, except
as otherwise provided, cover all its obligations under the contract and all matters and
things necessary for the proper completion and maintenance of the works.
Discrepancies and Adjustment of Errors:

The several documents forming the Contact are to be taken as mutually explanatory of
one another, detailed drawings being followed in preference to small scale drawing and
figured dimensions in preference to scale and special conditions in preference to General
Conditions.
In the case of discrepancy between the schedule of Quantities, the Specifications and / or
the Drawings, the following order of preference shall be observed:-
I) Description of Schedule of Quantities

ii) Particular Specification and Special Condition, if any
iii) Drawings
iv) Technical Specifications
v) Indian Standard Specifications of B.I.S.

If there are varying or conflicting provisions made in any one document forming part of
the contract, the Accepting Authority shall be the deciding authority with regard to the
intention of the document and his decision shall be final and binding on the contractor.
Any error in description, quantity or rate in Schedule of Quantities or any Omission there
from shall not vitiate the Contract or release the Contractor from the execution of the
whole or any part of the works comprised therein according to drawings and
specifications or from any of his obligations under the contract.

CLAUSES OF CONTRACT
CLAUSE.4.1. EARNEST MONEY
The earnest money is paid by each tenderer to enable the IIMU to ensure that a tenderer
does not back out of his tender before its acceptance, or refuse to execute the work after it
has been awarded to him.
Deposit of earnest money

Earnest Money can be paid in the form of Demand Draft or Pay order or Banker`s Cheque
drawn in favor of Indian Institute of Management Udaipur along with Bank Guarantee of
any Nationalized Bank wherever applicable. It shall be scanned and uploaded to the e-
Tendering website within the period of tender submission and original should be
deposited in office of IIMU before the time specified herein .
The intending tenderer has to fill all the details such as Banker's name, Demand
Draft/Pay Order/ Banker's Cheque/Bank Guarantee number, amount and date.
The amount of EMD can be paid by multiple Demand Draft / Pay Order / Banker's
Cheque / along with multiple Bank Guarantee of any Nationalized Bank.
The Earnest Money will be returned to the unsuccessful tenderers within a week from the
date of award of tender. Entry of Demand Draft received as earnest money with the
tenders may be kept in the Tender Opening Register, and these need not be deposited in
the bank except for the successful tenderer. The Earnest Money deposited by successful
tenderer will be converted to security deposit. The successful tenderer shall furnish the
required Performance Guarantee and attend the office of the IIMU for execution of the
contract documents and duly enters into the contract within such time as per Schedule-F .
Forfeiture of earnest money

If any tenderer withdraws his tender before the expiry of the validity period, or before the
issue of letter of acceptance, whichever is earlier, or makes any modification in the terms
and conditions of the tender which are not acceptable to the IIMU, without prejudice to
any other right or remedy, be at liberty to forfeit 50% of the said earnest money as
aforesaid. Further the tenderer shall not be allowed to participate in the retendering
process of the work.
If contractor fails to furnish the prescribed performance guarantee within the prescribed
period, the earnest money is absolutely forfeited automatically without any notice.
In case the tenderer fails to commence the work specified in Schedule-F or such time
period as mentioned in letter of award, after the date on which the Engineer-in-charge

issues written orders to commence the work, or from the date of handing over of the site,
whichever is later, the IIMU shall, without prejudice to any other right or remedy, be at
liberty to forfeit whole of the earnest money absolutely.
If only a part of the work as shown in the tender is awarded, and the contractor does not
commence the work, the amount of the earnest money to be forfeited should be worked
out with reference to the estimated cost of the work so awarded.
In case of forfeiture of earnest money as prescribed in above, the tenderer shall not be
allowed to participate in the retendering process of the work.
CLAUSE.4.2. Performance Guarantee

(I)The contractor whose tender is accepted will be required to furnish performance
guarantee of 5% (Five Percent) of the tendered amount within the period specified in
Schedule F. This guarantee shall be in the form of Guarantee Bonds of any Nationalized
Bank in accordance with the prescribed form. In case the contractor fails to deposit the
said performance guarantee within the period as indicated in Schedule ‘F’ including the
extended period if any, the Earnest Money deposited by the contractor shall be forfeited
automatically without any notice to the contractor.
(II)The Performance Guarantee shall be initially valid up to the stipulated date of
completion plus 60 days beyond that. In case the time for completion of work gets
extended, the contractor shall get the validity of Performance Guarantee extended to cover
such extended time for completion of work. After recording of the completion certificate
for the work by the Engineer In charge, the performance guarantee shall be returned to
the contractor, without any interest.
iii)The Engineer-in-Charge shall not make a claim under the performance guarantee
except for amounts to which the IIMU is entitled under the contract (not
withstanding and/or without prejudice to any other provisions in the contract
agreement) in the event of:
(a) Failure by the contractor to extend the validity of the Performance Guarantee as
described herein above, in which event the Engineer-in-Charge may claim the full
amount of the Performance Guarantee.
(b) Failure by the contractor to pay IIMU any amount due, either as agreed by the
contractor or determined under any of the Clauses/Conditions of the
agreement, within 30 days of the service of notice to this effect by Engineer-in-
Charge.

(iv)In the event of the contract being determined or rescinded under provision of any of
the Clause/Condition of the agreement, the performance guarantee shall stand forfeited
in full and shall be absolutely at the disposal of the IIMU.
CLAUSE.4.3. Security Deposit

The person/persons whose tender(s) may be accepted (hereinafter called the contractor)
shall permit IIMU, at the time of making any payment to him for work done under the
contract to deduct a sum at the rate 5% (Five Percent) of the gross amount of each
running till the sum along with the sum already deposited as earnest money, will
amount to security deposit of 5% (Five Percent) of the tendered value of the work.
Earnest money shall be adjusted first in the security deposit and further recovery of
security deposit shall commence only when the up-to-date amount of security deposit
starts exceeding the earnest money. Such deductions will be made and held by IIMU by
way of Security Deposit unless he/they has/have deposited the amount of Security at
the rate mentioned above in the form of Government Securities. In case a fixed deposit
receipt of any Bank is furnished by the contractor to the IIMU as part of the security
deposit and the Bank is unable to make payment against the said fixed deposit receipt,
the loss caused thereby shall fall on the contractor and the contractor shall forthwith on
demand furnish additional security to the IIMU to make good the deficit.
All compensations or the other sums of money payable by the contractor under the
terms of this contract may be deducted from, or paid by the sale of a sufficient part of his
security deposit or from the interest arising there from, or from any sums which may be
due to or may be come due to the contract or by Owner on any account whatsoever and
in the event of his Security Deposit being reduced by reason of any such deductions or
sale as aforesaid, the contract or shall within 10 days make good in fixed deposit receipt
tendered by the State Bank of India or by Scheduled Banks or Government Securities (if
deposited for more than12months) endorsed in favor of the IIMU, any sum or sums
which may have been deducted from, or raised by sale of his security deposit or any part
thereof. The security deposit shall be collected from the running s of the contractor at the
rates mentioned above and the Earnest money deposited at the time of tenders will be
treated as part of the Security Deposit.
The security deposit as deducted above can be released against bank guarantee issued by
a scheduled bank, on its accumulations to a minimum of Rs.5 lac subject to the
condition that amount of such bank guarantee, except last one, shall not be less than Rs.5
lac. Provided further that the validity of bank guarantee including the on given against
the earnest money shall be inconformity with provisions contained in clause which shall

be extended from time to time depending upon extension of contract granted under
provisions of clause (Time and Extension for delay).
Security deposit shall be released as follows:

Security deposit shall be released after the completion of the Defects Liability period
CLAUSE.4.4. Compensation for Delay

If the contractor fails to maintain the required progress in terms of clause (Time and
Extension for delay) or to complete the work and clear the site on or before the contract
or extended date of completion, he shall, without prejudice to any other right or remedy
available under the law to the Owner on account of such breach, pay as agreed
compensation the amount calculated at the rates stipulated below as the authority
specified in schedule ‘F’ (whose decision in writing shall be final and binding) may
decide on the amount of tendered value of the work for every completed day/month (as
applicable) that the progress remains below that specified in Clause (Time and Extension
for delay) or that the work remains incomplete.
This will also apply to items or group of items for which a separate period of completion
has been specified.
Compensation for delay of work @ 1.0 % per month of delay to be computed on per day
basis
Provided always that the total amount of compensation for delay to be paid under this
Condition shall not exceed 10% (Ten Percent) of the Tendered Value of work or of the
Tendered Value of the item or group of items of work for which a separate period of
completion is originally given.
The amount of compensation may be adjusted or set-off against any sum payable to the
Contractor under this or any other contract with the IIMU. In case, the contractor does
not achieve a particular milestone mentioned in schedule F, or the re-scheduled
milestone(s) in terms of Clause (Time and Extension for delay), the amount shown
against that milestone shall be withheld, to be adjusted against the compensation levied
at the final grant of Extension of Time. With-holding of this amount on failure to achieve
a milestone, shall be automatic without any notice to the contractor. However, if the
contractor catches up with the progress of work on the subsequent milestone(s), the
withheld amount shall be released. In case the contractor fails to make up for the delay in
subsequent milestone(s), amount mentioned against each milestone missed subsequently
also shall be withheld. However, no interest, whatsoever, shall be payable on such
withheld amount.

In the event of any default of non-payment of such compensation by the Contractor, the
Owner shall be fully authorized and entitled to recover such amount of compensation
from the bill amounts due payable by the Owner to the Contractor.
The completion period of the entire work shall be as stipulated in the scheduled. The
time limit specified above and as approved in writing by IIMU, shall be strictly adhered
to and followed. Liquidated Damages will be applicable, item wise and against item wise
time schedules. Accordingly the Damages will be based on the value of the Item for
which delay has occurred. In case of delay the penalty shall be recoverable from the
Security Deposit provided by the Contractor and if the Security Deposit is not sufficient,
then from the Performance Bank Guarantee or any sum payable to the Contractor under
this Contract with the IIMU.
CLAUSE.4.5. When Contract can be Determined

Subject to other provisions contained in this clause, the IIMU may without prejudice to
any other rights or remedy contained in this Agreement against the Contractor in respect
of any delay, inferior workmanship or any claims for damages and/or any other
provisions of this contract or otherwise, whether or not the date of completion has or has
not elapsed, may determine the contract by notice in writing absolutely in any of the
following cases:
(i) If the contractor having been given by the Engineer-in-Charge 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 un workman like manner
shall omit to comply with the requirement of such notice for a period of seven days
thereafter.
(ii) If the Contractor has, without reasonable cause suspended the progress of the
Work or has failed to proceed with the work with due diligence so that in the
opinion of the Engineer-in-Charge (whose decision shall be final and binding) he
will be unable to secure completion of the work by the date of completion and
continues to do so even after a notice in writing of seven days from the Engineer-
in-Charge.
(iii) If the contractor 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 a
notice given in writing in that behalf by the Engineer-in-Charge.
(iv) If the contractor 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 Engineer-in-Charge.

(v) If the contractor shall offer or give or agree to give to any person in service or to
any other person on his behalf any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forborne
to do any act in relation to the obtaining or execution of this or any other contract.
(vi) If the contractor shall enter into a contract with Owner in connection with which
commission has been paid or agreed to be paid by him or to his knowledge, unless
the particulars of any such commission and the terms of payment thereof have
been previously disclosed in writing to the Engineer-in-Charge
(vii) If the contractor shall obtain a contract with Owner as a result of wrong tendering
or other non-bonfire methods of competitive tendering or commits breach of
integrity pact.
(viii) If the contractor being an individual, or if a firm, any partner thereof shall at any
time be adjudged insolvent or have a receiving order or order for administration of
his estate made against him or shall take any proceedings for liquidation or
composition (other than a voluntary liquidation for the purpose of amalgamation
or reconstruction) under any Insolvency Act for the time being in force or make
any conveyance or assignment of his effects or composition or arrangement for the
benefit of his creditors or purport so to do, or if any application be made under any
Insolvency Act for the time being in force for the sequestration of his estate or if a
trust deed be executed by him for benefit of his creditors.
(ix) If the Contractor being a company shall pass a resolution for winding-up, 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
entitle the court to make a winding up order.
(x) If the contractor shall suffer an execution being levied on his goods and allow it to
be continued for a period of 21 days.
(xi) If the contractor assigns, transfers, sublets (engagement of Labour on a piece-work
basis or of Labour with materials not to be incorporated in the work, shall not be
deemed to be subletting) or otherwise parts with or attempts to assign, transfer,
sublet or otherwise parts with the entire works or any portion thereof without the
prior written approval of the Engineer -in-Charge.
When the Contractor has made himself liable for action under any of the cases
aforesaid, the Engineer-in-Charge / Design Consultant on behalf of the IIMU shall
have powers.
(a) To determine the contract as aforesaid (of which termination notice in writing to
the contractor under the hand of the Engineer-in-Charge shall be conclusive
evidence). Upon such determination, the Earnest Money Deposit, Security Deposit

already recovered and Performance Guarantee under the contract shall be liable to
be forfeited and shall be absolutely at the disposal of the Owner.
(b) After giving notice to the contractor to measure up the work of the contractor and
to take such whole, or the balance or part thereof, as shall be un-executed out of his
hands and to give it to another contractor to complete the work. The contractor,
whose contract is determined as above, shall not be allowed to participate in the
tendering process for the balance work.
In the event of anyone or more of the above course(s) of action(s) being adopted by the
Engineer-in-Charge the Contractor shall have no right to claim compensation for any loss
sustained by him by reason of his having purchased or procured any materials or
entered into any engagement or made any advances on account or with a view to the
execution of the Work or the performance of the contract. In the event action is taken
under any of the provisions aforesaid, the Contractor shall neither be entitled to recover
nor be paid any sum for any work thereof actually performed under this contract unless
and until the Engineer-in-Charge has certified in writing the performance of such Work
and the value payable in respect thereof and the Contractor shall only be entitled to be
paid the value so certified.
CLAUSE.4.6. Work cannot be Started Due to Reasons not Within the Control of the
Contractor.
In case, the work cannot be started due to reasons not within the control of the contractor
within 1/8th of the stipulated time for completion of work, either party may close the
contract. In such eventuality, the Earnest Money Deposit and the Performance Guarantee
of the contractor shall be refunded, but no payment on account of interest, loss of profit
or damages etc. shall be payable at all.
CLAUSE.4.7. Contractor Liable to Pay Compensation even if Action not taken as
Clause-4.6
In any case in which any of the powers conferred upon the Engineer-in-Charge by
Clause-(when contract can be determined) thereof, shall have become exercisable and the
same are not exercised, the non-exercise thereof shall not constitute a waiver of any of
the conditions hereof and such powers shall notwithstanding be exercisable in the event
of any future case of default by the contractor and the liability of the contractor for
compensation shall remain unaffected. In the event of the Engineer-in-Charge putting in
force all or any of the powers vested in him under the preceding clause he may, if he so
desires after giving a notice in writing to the contractor, take possession of (or at the sole
discretion of the Engineer-in-Charge which shall be final and binding on the contractor)
use as on hire (the amount of the hire money being also in the final determination of the
Engineer-in-Charge) all or any tools, plant, materials and stores, in or upon the works, or
the site thereof belonging to the contractor, or procured by the contractor and intended

to be used for the execution of the work/or any part thereof, paying or allowing for the
same in account at the contract rates, or, in the case of these not being applicable, at
current market rates to be certified by the Engineer-in-Charge, whose certificate thereof
shall be final, and binding on the contractor, clerk of the works, foreman or other
authorized agent to remove such tools, plant, materials, or stores from the premises
(within a time to be specified in such notice) in the event of the contractor failing to
comply with any such requisition, the Engineer-in-Charge may remove them at the
contractor’s expense or sell them by auction or private sale on account of the contractor
and his risk in all respects and the certificate of the Engineer-in-Charge as to the
expenses of any such removal and the amount of the proceeds and expenses of any such
sale shall be final and conclusive against the contractor.
CLAUSE.4.8. Time and Extension for Delay

The time allowed for execution of the Works as specified in the time frame or the
extended time in accordance with these conditions shall be the essence of the Contract.
The execution of the works shall commence from such time period as mentioned in
tender or from the date of handing over of the site whichever is later. If the Contractor
commits default in commencing the execution of the work as aforesaid, Owner shall
without prejudice to any other right or remedy available in law, be at liberty to forfeit the
earnest money & performance guarantee absolutely.
As soon as possible after the Contract is concluded, the Contractor shall submit a Time
and Progress Chart for each mile stone and get it approved by the Engineer in charge.
The Chart shall be prepared in direct relation to the time stated in the Contract
documents for completion of items of the works. It shall indicate the forecast of the dates
of commencement and completion of various trades of sections of the work and may be
amended as necessary by agreement between the Owner and the Contractor within the
limitations of time imposed in the Contract documents, and further to ensure good
progress during the execution of the work, the contractor shall in all cases in which the
time allowed for any work, exceeds one month (save for special jobs for which a separate
programmed has been agreed upon) complete the work as per mile stones given in
tender.
If the work(s) be delayed by:-
(i) Force majeure, or
(ii) Abnormally bad weather, or
(iii) Serious loss or damage by fire, or
(iv) Civil commotion, local commotion of workmen, strike or lockout, affecting any of the
trades employed on the work, or

(v) Delay on the part of other contractors or tradesmen engaged by Engineer-in-Charge
in executing work not forming part of the Contract, or
(vi) Any other cause which, in the absolute discretion of the Engineer-in-Charge is
beyond the Contractor’s control.
Then upon the happening of any such event causing delay, the Contractor shall
immediately give notice thereof in writing to the authority as indicated in tender but
shall nevertheless use constantly his best endeavors to prevent or make good the delay
and shall do all that may be reasonably required to the satisfaction of the Engineer-in-
Charge to proceed with the works.
Request for rescheduling of Mile stones and 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 on the prescribed form to the authority as
indicated in Schedule F. The Contractor may also, if practicable, indicate in such a
request the period for which extension is desired.
In any such case the authority as indicated in Schedule F may give a fair and reasonable
extension of time and reschedule the mile stones for completion of work. Such extension
shall be communicated to the Contractor by the engineer in charge /authority as
indicated in tender in writing, within 3 months of the date of receipt of such request.
Non application by the contractor for extension of time shall not be a bar for giving a fair
and reasonable extension by the engineer in authority as indicated in Schedule F and this
shall be binding on the contractor.
CLAUSE.4.9. Measurement of Work Done

Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement the value of Work done.
All measurement of all items having financial value shall be entered in Measurement
Book and/or level field-books complete record is obtained of all works performed under
the contract.
All measurements and levels shall be taken jointly by the Engineer-in-Charge or his
authorized representative and by the Contractor or his authorized representative from
time to time during the progress of the Work and such measurements shall be signed
and dated by the Engineer-in-Charge or their authorized representative and the
Contractor or their authorized representatives in taken of their acceptance. If the
Contractor objects to any of the measurements recorded, a note shall be made to that
effect along with reasons and signed by both the parties.
If for any reason whatsoever, the Contractor or his authorized representative is not
available and the Work of recording measurements is suspended by the Engineer-in-
Charge or his authorized representative, the Owner shall not entertain any claim from

the Contractor for any loss or damages on this account. If the Contractor or his
authorized representative does not remain present at the time of such measurements
after the Contractor or his authorized representative has been given a notice in writing
three (3) days in advance or fails to countersign or to record objection within a week
from the date of the measurement, then such measurements recorded in his absence by
the Engineer-in-Charge or his representative shall be deemed to be accepted by the
Contractor.
The Contractor shall, without any extra charge, provide all assistance with every
appliance, Labour and other things necessary for measurements and recording levels.
Except where any general or detailed description of the Work expressly shows to the
contrary, measurements shall be taken in accordance with the procedure set forth in the
specifications notwithstanding any provision in the relevant Standard Method of
measurement or any general or local custom. In the case of items, which are not covered
by specifications, measurements shall be taken in accordance with the relevant standard
method of measurement issued by the Bureau of Indian Standards and if for any item no
such standard is available then a mutually agreed method shall be followed.
The Contractor shall give notice of not less than seven days in writing to the Engineer-in-
Charge or his subordinate in-charge of the Work before covering up or otherwise placing
beyond the reach of measurement any Work in order that the same may be measured
and correct dimensions thereof may be taken before the same is so covered up or placed
beyond the reach or measurement and shall not cover up any Work without the consent
in writing of the Engineer-in-Charge or his subordinate in charge of the Work and ‘if any
Work shall be covered up or be placed beyond the reach of measurement without such
notice having been given or consent obtained, the same shall be uncovered at
Contractor’s expense or in default thereof no payment or allowance shall be made for
such Work or of the material with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or
through another officer of the Authority to check the measurements recorded jointly or
otherwise as aforesaid and all provisions stipulated herein above shall be applicable to
such checking of measurements or levels.
It is also a term of this contract that recording of measurements of any item of Work in
the measurement book and/or its payment in the interim, on account or final bill shall
not be considered as conclusive evidence as to the sufficiency of any Work or material to
which it relates nor shall it relieve the Contractor from liabilities from any over
measurement or defects noticed till completion of the defects liability period.
CLAUSE.4.10. Computerized Measurement Book

Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the contract. All measurements

of all items having financial value shall be entered by the contractor and compiled in the
shape of the Computerized Measurement Book having pages of A-4 size as per the
format suggested by the Engineer in charge so that a complete record is obtained of all
the items of works performed under the contract.
All such measurements and levels recorded by the contractor or his authorized
representative from time to time, during the progress of the work, shall be got checked
by the contractor from the Engineer-in-Charge or his authorized representative as per
interval or program fixed in consultation with Engineer-in-Charge or his authorized
representative. After the necessary corrections made by the Engineer-in-Charge, the
measurement sheets shall be returned to the contractor for incorporating the corrections
and for resubmission to the Engineer-in- Charge for the dated signatures by the
Engineer-in- Charge and the contractor or their representatives in token of their
acceptance.
Whenever bill is due for payment, the contractor would initially submit draft
computerized measurement sheets and these measurements would be got checked/test
checked from the Engineer-in-Charge and/or his authorized representative. The
contractor will, thereafter, incorporate such changes, as may be done during these
checks/test checks in his draft computerized measurements, and submit to the Engineer
in Charge computerized measurement book, duly bound, and with its pages machine
numbered. The Engineer-in- Charge and/or his authorized representative would
thereafter check this MB, and record the necessary certificates for their checks/test
checks.
The final, fair, computerized measurement book given by the contractor, duly bound,
with its pages machine numbered, should be 100% correct, and no cutting or over-
writing in the measurements would thereafter be allowed. If at all any error is noticed,
the contractor shall have to submit a fresh computerized MB with its pages duly machine
numbered and bound, after getting the earlier MB cancelled by the Engineer in charge.
The contractor shall also submit to the Engineer in charge separately his computerized
Abstract of Cost and the bill based on these measurements, duly bound, and its pages
machine numbered along with two spare copies of the “bill. Thereafter, this bill will be
processed by the Engineer in Charge and allotted a number as per the computerized
record in the same way as done for the measurement book meant for measurements.
The contractor shall, without extra charge, provide all assistance with every appliance,
Labour and other things necessary for checking of measurements/levels by the
Engineer-in- Charge or his representative.
Except where any general or detailed description of the work expressly shows to the
contrary, measurements shall be taken in accordance with the procedure set forth in the
specifications notwithstanding any provision in the relevant Standard Method of

measurement or any general or local custom. In the case of items which are not covered
by specifications, measurements shall be taken in accordance with the relevant standard
method of measurement issued by the Bureau of Indian Standards and if for any item no
such standard is available then a mutually agreed method shall be followed.
The contractor shall give not less than seven days’ notice to the Engineer-in-Charge or
his authorized representative in charge of the work before covering up or otherwise
placing beyond the reach of checking and/or test checking the measurement of any work
in order that the same may be checked and/or test checked and correct dimensions
thereof be taken before the same is covered up or placed beyond the reach of checking
and/or test checking measurement and shall not cover up and place beyond reach of
measurement any work without consent in writing of the Engineer-in-Charge or his
authorized representative in charge of the work who shall within the aforesaid period of
seven days inspect the work, and if any work shall be covered up or placed beyond the
reach of checking and/or test checking measurements without such notice having been
given or the Engineer-in-Charge’s consent being obtained in writing the same shall be
uncovered at the Contractor’s expense, or in default thereof no payment or allowance
shall be made for such work or the materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or
through another officer of the Authority to check the measurements recorded by
contractor and all provisions stipulated herein above shall be applicable to such checking
of measurements or levels.
It is also a term of this contract that checking and/or test checking the measurements of
any item of work in the measurement book and/or its payment in the interim, on
account of final bill shall not be considered as conclusive evidence as to the sufficiency of
any work or material to which it relates nor shall it relieve the contractor from liabilities
from any over measurement or defects noticed till completion of the defects liability
period.
CLAUSE.4.11. Payment on intermediate Certificate to be regarded

as Advances
The interim or running account bills shall be submitted by the contractor for the work
executed on the basis of such recorded measurements on the format of the Engineer in
charge in triplicate on or before the date of every month or as fixed for the same by the
Owner. The contractor shall not be entitled to be paid any such interim payment if the
gross work done together with net payment/ adjustment of advances for material
collected, if any, since the last such payment is less than the amount specified in schedule
F, in which case the interim bill shall be prepared on the appointed date of the month
after the requisite progress is achieved. Engineer-in-Charge shall arrange to have the bill
verified by taking or causing to be taken, where necessary, the requisite measurements of
the work. In the event of the failure of the contractor to submit the bills, Engineer-in-

Charge shall prepare or cause to be prepared such bills in which event no claims
whatsoever due to delays on payment including that of interest shall be payable to the
contractor. Payment on account of amount admissible shall be made by the Engineer-in-
Charge certifying the sum to which the contractor is considered entitled by way of
interim payment at such rates as decided by the Engineer-in-Charge. The amount
admissible shall be paid by 10th working day after the day of presentation of the bill by
the Contractor to the Engineer-in-Charge with the account of the material issued by the
Owner, or dismantled materials, if any. In the case of works outside the headquarters of
the Engineer- in-Charge, the period of ten working days will be extended to fifteen
working days.
All such interim payments shall be regarded as payment by way of advances against
final payment only and shall not preclude the requiring of bad, unsound and imperfect
or unskilled work to be rejected, removed, taken away and reconstructed or re-erected.
Any certificate given by the Engineer-in-Charge relating to the work done or materials
delivered forming part of such payment, may be modified or corrected by any
subsequent such certificate(s) or by the final certificate and shall not by itself be
conclusive evidence that any work or materials to which it relates is/are in accordance
with the contract and specifications. Any such interim payment, or any part thereof shall
not in any respect conclude, determine or affect in any way powers of the Engineer-in-
Charge under the contract or any of such payments be treated as final settlement and
adjustment of accounts or in any way vary or affect the contract.
Pending consideration of extension of date of completion, interim payments shall
continue to be made as herein provided without prejudice to the right of the Owner to
take action under the terms of this contract for delay in the completion of work, if the
extension of date of completion is not granted by the competent authority.
The Owner will normally on the basis of a certificate from the Engineer in Charge to the
effect that the work has been completed up to the level in question make interim advance
payments without detailed measurements against work done up to 75% of the running
bill. The advance payments so allowed shall be adjusted in the subsequent interim bill by
taking detailed measurements thereof. The balance amount shall be released within 15
(Fifteen)working days after the verification in detail by the Engineer-in-charge and
getting certification for the quality of the Work(s) from the Design Consultant for which
the Contractor shall provide assistance to the Engineer-in-charge in accordance with
their direction. All payment will be subject to statutory or permissible deductions to be
made by the Owner prior to the release of the amount to the Contractor.
Each bill shall be accompanied by the following documents.
1. Measurements and quantities of items of Work done since last bill

2. Physical Progress Report along with relevant Photographs

3. Copies of quality control tests in specified format covering the Work done since last bill
4. Copies of instructions recorded in the site instruction book containing the instructions
and compliance made thereof, covering the Work done since last bill
CLAUSE.4.12. Completion Certificate and completion plans

Within ten days of the completion of the work, the contractor shall give notice of such
completion to the Engineer-in-Charge and within thirty days of the receipt of such
notice, the Engineer-in-Charge shall inspect the work and if there is no defect in the
work, shall furnish the contractor with a final certificate of completion, otherwise a
provisional certificate of physical completion indicating defects (a) to be rectified by the
contractor and/or (b) for which payment will be made at reduced rates, shall be issued.
But no final certificate of completion shall be issued, nor shall the work be considered to
be complete until the contractor shall have removed from the premises on which the
work shall be executed all scaffolding, surplus materials, rubbish and all huts and
sanitary arrangements required for his/their work people on the site in connection with
the execution of the works as shall have been erected or constructed by the contractor(s)
and cleaned off the dirt from all wood work, doors, windows, walls, floor or other parts
of the building, in, upon, or about which the work is to be executed or of which he may
have had possession for the purpose of the execution; thereof, and not until the work
shall have been measured by the Engineer-in-Charge. If the contractor shall fail to
comply with the requirements of this Clause as to removal of scaffolding, surplus
materials and rubbish and all huts and sanitary arrangements as aforesaid and cleaning
off dirt on or before the date fixed for the completion of work, the Engineer-in-Charge
may at the expense of the contractor remove such scaffolding, surplus materials and
rubbish etc., and dispose of the same as he thinks fit and clean off such dirt as aforesaid,
and the contractor shall have no claim in respect of scaffolding or surplus materials as
aforesaid except for any sum actually realized by the sale thereof.
CLAUSE.4.13. Contractor to keep site clean

When any repair or maintenance of works are carried out, the splashes and droppings
from white washing, color washing, painting etc., on walls, floor, windows, etc shall be
removed and the surface cleaned simultaneously with the completion of these items of
work in the individual rooms, quarters or premises etc. where the work is done: without
waiting for the actual completion of all the other items of work in the contract. In case the
contractor fails to comply with the requirements of this clause, the Engineer-in-Charge
shall have the right to get this work done at the cost of the contractor or through any
other agency. Before taking such action, the Engineer-in-Charge shall give ten days’
notice in writing to the contractor.

CLAUSE.4.14. Payment of final bill
The final bill shall be submitted by the contractor in the same manner as specified in
interim bills within three months of physical completion of the work or within one
month of the date of the final certificate of completion furnished by the Engineer-in-
Charge whichever is earlier. No further claims shall be made by the contractor after
submission of the final bill and these shall be deemed to have been waived and
extinguished. Payments of those items of the bill in respect of which there is no dispute
and of items in dispute, for quantities and rates as approved by Engineer-in-Charge, will,
as far as possible be made within the period of 3 months, the period being reckoned from
the date of receipt of the bill by the Engineer-in-Charge, complete with account of
materials issued by the Owner and the dismantled materials.
The final bill shall be accompanied by:
All-technical documents on the basis of which the Work was carried out.
1. As-built drawings. Three sets of construction and installation drawings for all
Works, showing therein modifications, corrections and additions signed and
confirmed by the Engineer-in-Charge to be “as built” drawings. The entire
documentation shall be submitted in Compact Discs (CD), using latest version of
AUTOCAD software.
2. Completion certificates for embedded and covered-up Works issued by the
Engineer-in-Charge.
3. Certificates for tests carried out for various items of Work.
4. Manufacture’s operating and maintenance manuals as well as
guarantee/warrantee papers, commissioning and handing over reports for
whatever equipment/Materials installed.
5. Security Deposit of 5 % (Five percent) of the Contract Value in the form of bank
guarantee valid for a Defect liability period from the date of certificate
CLAUSE.4.15. Materials supplied by Owner

No material is planned to be procured by the Owner for supply to the contractor
however in case of any subsequent mutual understanding entered into between the
Owner and the Contractor, it is decided that certain materials are to be supplied by the
Owner to the Contractor in to the best interest of the Project, the modalities for such
Owner supplied material shall be as per mutual understanding between the Owner and
the Contractor.
CLAUSE.4.16. Materials to be provided by Contractor

The contractor shall, at his own expense, provide all materials, required for the works
other than those which are stipulated to be supplied by the Owner.

The contractor shall, at his own expense and without delay, submit to the Engineer-in-
Charge samples of materials to be used on the work and shall get these approved in
advance from Design consultants. All such materials to be provided by the Contractor
shall be in conformity with the specifications laid down or referred to in the contract. The
contractor shall, if requested by the Engineer-in-Charge furnish proof, to the satisfaction
of the Engineer-in-Charge/ that the materials so comply. The Engineer-in-Charge shall
within ten days of submission of samples or within such further period as he may
require intimate to the Contractor in writing whether samples are approved by him or
not. If samples are not approved, the Contractor shall forthwith arrange to supply to the
Engineer-in-Charge for his approval, fresh samples complying with the specifications
laid down in the contract. When materials are required to be tested in accordance with
specifications, approval of the Engineer-in-Charge shall be issued after the test results
are received.
The Contractor shall at his risk and cost submit the samples of materials to be tested or
analyzed and shall not make use of or incorporate in the work any materials represented
by the samples until the required tests or analysis have been made and materials finally
accepted by the Engineer-in-Charge. The Contractor shall not be eligible for any claim or
compensation either arising out of any delay in the work or due to any corrective
measures required to be taken on account of and as a result of testing of materials.
The contractor shall, at his risk and cost, make all arrangements and shall provide all
facilities as the Engineer-in-Charge may require for collecting, and preparing the
required number of samples for such tests at such time and to such place or places as
may be directed by the Engineer-in-Charge and bear all charges and cost of testing
unless specifically provided for otherwise elsewhere in the contract or specifications. The
Engineer in- Charge or his authorized representative shall at all times have access to the
works and to all workshops and places where work is being prepared or from where
materials, manufactured articles or machinery are being obtained for the works and the
contractor shall afford every facility and every assistance in obtaining the right to such
access.
The Engineer-in-Charge shall be empowered to order the removal from the premises of
all materials which in his opinion are not in accordance with the specifications and in
case of default, the Engineer-in-Charge shall be at liberty to employ at the expense of the
contractor, other persons to remove the same without being answerable or accountable
for any loss or damage that may happen or arise to such materials. The Engineer-in-
Charge shall also have full powers to require other proper materials to be substituted
thereof and in case of default, the Engineer-in-Charge may cause the same to be supplied
and all costs which may attend such removal and substitution shall be borne by the
Contractor.

The contractor shall at his own expense, provide a material-testing lab at the site for
conducting routine field tests. The lab shall be equipped at least with the testing
equipment as specified.
CLAUSE.4.17. Secured Advance on Non-perishable Materials

(I)The contractor, on signing an indenture in the form to be specified by the Engineer-in-
Charge, shall be entitled to be paid during the progress of the execution of the work up
to 75% (Seventy Five Percent) of the assessed value of any materials which are in the
opinion of the Engineer in- Charge non-perishable, non-fragile and non-combustible and
are in accordance with the contract and which have been brought on the site in
connection therewith and are adequately stored and/or protected against damage by
weather or other causes but which have not at the time of advance been incorporated in
the works. When materials on account of which an advance has been made under this
sub-clause are incorporated in the work, the amount of such advance shall be
recovered/deducted from the next payment made under any of the clause or clauses of
this contract.
(ii)Such secured advance shall also be payable on other items of perishable nature,
fragile and combustible with the approval of the Engineer-in-Charge provided the
contractor provides a comprehensive insurance cover for the full cost of such materials.
The decision of the Engineer- in-Charge shall be final and binding on the contractor in
this matter. No secured advance, shall however, be paid on high-risk materials such as
ordinary glass, sand, petrol, diesel etc.
CLAUSE.4.18. Mobilization Advance

NOT APPLICABLE
CLAUSE.4.19. Payment due to Variation in Prices of Materials

after receipt of tender
DELETED – NOT APPLICABLE
CLAUSE.4.20. Dismantled Material Owner’s Property

The contractor shall treat all materials obtained during dismantling of a structure,
excavation of the site for a work, etc. as Owner’s property and such materials shall be
disposed of to the best advantage of Owner according to the instructions in writing
issued by the Engineer-in-Charge.

CLAUSE.4.21. Work to be executed in Accordance with
Specifications, Drawings, and Orders etc.
The contractor shall execute the whole and every part of the work in the most substantial
and workmanlike manner both as regards materials and otherwise in every respect in
strict accordance with the specifications. The contractor shall also conform exactly, fully
and faithfully to the design, drawings and instructions in writing given by Engineer-In-
Charge in respect of the work and the contractor shall be furnished free of charge one
copy of the contract documents together with specifications, designs, drawings and
instructions.
The contractor shall comply with the provisions of the contract and with the care and
diligence execute and maintain the works and provide all Labour and materials, tools
and plants including for measurements and supervision of all works, structural plans
and other things of temporary or permanent nature required for such execution and
maintenance in so far as the necessity for providing these, is specified or is reasonably
inferred from the contract. The Contractor shall take full responsibility for adequacy,
suitability and safety of all the works and methods of construction.
The contractor shall have to produce and take an approval of the required shop
drawings to execute the work. The Design Consultant as per requirements will give the
conceptual drawing in AutoCAD format to the contractor to produce the detailed shop
drawings. Contractor has to plan a schedule in advance for the necessary Shop Drawing
and has to submit to the Engineer-In-Charge to get approval from Design Consultant if
required for an approval of execution at-least fifteen days before the actual execution
day.
CLAUSE.4.22. Deviations / Variations Extent and Pricing
The Owner/Engineer in charge/Design Consultant shall have power

(I) To make alteration in, omissions from, additions to or substitutions for the original
specifications, drawings, designs and instructions during the progress of the Work at any
time as thought fit by the Owner either prior to execution, or on execution or after
execution of the Contract Documents, and
(II) To omit a part of the Work(s) for any reasons as the Owner may think fit, and
Contractor shall be bound to carry out the Works in accordance with any instructions
given to him in writing by the Engineer-in-Charge and such alterations omissions,
additions or substitutions shall form an integral part of the contract as if the same has
been originally provided therein and any altered, additional or substituted Work which
the Contractor may be directed to do in the manner specified above as part of the Works,

shall be carried out by the Contractor on the same conditions in all respects including
price on which he agreed to do the main Work except as hereafter provided.
The time for completion of the Works shall in the event of any deviations resulting in
additional cost over the Tendered Value of the sum being ordered, be
extended/enhanced, if requested by the Contractor, as follows:
(I) in the proportion which the additional cost of the altered, additional or substituted
Work, bears to the original Tendered Value plus
(II) 25% of the time calculated in (i) above or such further additional time as may be
considered reasonable by the Engineer-in-Charge.
Rates for such altered, additional or substituted Work shall be determined as follows:-
(a) If the rate for altered, additional or substituted item of Work is specified in the
schedule of quantities, the Contractor shall carry out the altered, additional or
substituted items at the same rate.
(b) If the rate for any altered, additional, or substituted item of Work is not specified in
the schedule of quantities, the rate for that item shall be derived from the rate of
the nearest similar item specified therein.
Deviation, Extra items and Pricing
In the case of extra items (items that are completely new, and are in addition to the items
contained in the contract) the contractor may within fifteen days of receipt of order or
occurrence of the item(s) claim rates, supported by proper analysis, for the work and the
engineer-in-charge shall within one month of the receipt of the claims supported by
analysis, after giving consideration to the analysis of the rates submitted by the
contractor, determine the rates on the basis of the market rates and will send for the final
approval to the Owner.. The contractor shall be paid in accordance with the rates
approved by the Owner.
In the case of substituted items (items that are taken up with partial substitution or in
lieu of items of work in the contract), the rate for the agreement item (to be substituted)
and substituted item shall also be determined in the manner as mentioned in the
following para.
Deviation, Substituted items, Pricing
(a) If the market rate for the substituted item so determined is more than the market
rate of the agreement item (to be substituted), the rate payable to the contractor for
the substituted item shall be the rate for the agreement item (to be substituted) so
increased to the extent of the difference between the market rates of substituted
item and the agreement item (to be substituted).

(b) If the market rate for the substituted item so determined is less than the market
rate of the agreement item (to be substituted), the rate payable to the contractor for
the substituted item shall be the rate for the agreement item (to be substituted) so
decreased to the extent of the difference between the market rates of substituted
item and the agreement item (to be substituted).
Deviation, Deviated Quantities, Pricing
In the case of contract items, substituted items, contract cum substituted items, which
exceed the limits laid down in Schedule-F, the contractor may within fifteen days of
receipt of order or occurrence of the excess, claim revision of the rates, supported by
proper analysis for the work in excess of the above mentioned limits, provided that if the
rates so claimed are in excess of the rates specified in the schedule of quantities, the
Engineer-in-Charge shall within one month of receipt of the claims supported by
analysis, after giving consideration to the analysis of the rates submitted by the
contractor, determine the rates on the basis of the market rates and the contractor shall
be paid in accordance with the rates so determined and approved as above..
The provisions of the preceding paragraph shall also apply to the decrease in the rates of
items for the work in excess of the limits laid down in Schedule-F, and the Engineer in-
Charge shall after giving notice to the contractor within one month of occurrence of the
excess and after taking into consideration any reply received from him within fifteen
days of the receipt of the notice, revise the rates for the work in question within one
month of the expiry of the said period of fifteen days having regard to the market rates.
The contractor shall send to the Engineer-in-Charge once every three months, an up to
date account giving complete details of all claims for additional payments to which the
contractor may consider himself entitled and of all additional work ordered by the
Engineer-in-Charge which he has executed during the preceding quarter failing which
the contractor shall be deemed to have waived his right. However, the Owner may
authorize consideration of such claims on merits.
For the purpose of operation of Schedule-F the following works shall be treated as works
relating to work up to plinth level.
(a) For buildings and basements: All works up to respective plinth level or up to floor 1
level.
(b) For retaining wall, wing walls, compound walls, chimneys, overhead
reservoirs/ tanks and
Other elevated structures: All works up to 1.2 meter above the formation ground
level
Any operation incidental to or necessary for proper execution of the item included in the
Schedule of quantities or in the schedule of rates mentioned above, whether or not,

specifically indicated in the description of the item and the relevant specifications, has to
be in contemplation of the tenderer while filing the tender. Such operations shall be
deemed to be included in the rates quoted by the tenderer or the rate given in the said
schedule of rates, as the case may be. Nothing extra shall be admissible for such
operations.
CLAUSE.4.23. Foreclosure of Contract due to Abandonment or Reduction in Scope

of Work(s)
If at any time after acceptance of the tender, the Owner decides to abandon or reduce the
scope of the Work(s) for any reason whatsoever and hence not require the whole or any
part of the works to be carried out, the Engineer in-Charge shall give notice in writing to
that effect to the Contractor and the Contractor shall act accordingly in the matter. The
Contractor shall have no claim to any payment of compensation or otherwise whatsoever
on account of any profit or advantage which he might have derived from the execution
of the Works in full but which he did not derive in consequence of the foreclosure of the
whole or part of the Works.
The Contractor shall be paid at contract rates for the full amount for Work(s) executed at
site and, in addition, a reasonable amount as certified by the Engineer-in-Charge for the
items hereunder mentioned which could not be utilized on the Work to the full extent in
view of the foreclosures:
i) The Owner shall have the option to take over Contractor’s materials or any part
thereof either brought to site or of which the Contractor is legally bound to accept
delivery from suppliers (for incorporation in or incidental to the work) provided,
however, the Owner shall be bound to take over the materials or such portions
thereof as the Contractor does not desire to retain. For materials taken over or to be
taken over by the Owner, the cost of such materials as detailed by Engineer-in-
Charge shall be paid. The cost shall, however, take into account purchase price,
cost of transportation and deterioration or damage which may have been caused to
materials whilst in the custody of the Contractor.
ii) If any materials supplied by Owner are rendered surplus, the same except normal
wastage shall be returned by the contractor to Owner at rates not exceeding those
at which these were originally issued, less allowance for any deterioration or
damage which may have been caused whilst the materials were in the custody of
the contractor. In addition, cost of transporting such materials from site to Owner
stores, if so required by Owner, shall be paid.
The Contractor shall, if required by the Engineer-in-Charge, furnish to him books
of account, wage books, time sheets and other relevant documents and evidence as

may be necessary to enable him to certify the reasonable amount payable under
this condition.
CLAUSE.4.24. Carrying out part work at risk & cost of contractor
If Contractor
i. At any time makes default in processing the Work(s) or any part of the Work
with the due diligence and continues to do so after a notice in writing of 7 days
from the Owner/Engineer-in-Charge; or
ii. Commits default in complying with any of the terms and conditions of the
contract and does not remedy it or takes effective steps to remedy it within 7
days after a notice in writing is given to him in that behalf by the
Owner/Engineer-in-Charge; or
iii. Fails to complete the Work(s) or items of Work, with individual dates of
completion, on or before the date(s) of completion assigned to them, and does not
complete them within the period specified in a notice given in writing in that
behalf by the Engineer-in-Charge.
The Engineer- in-Charge without invoking action under clause (when Contract can be
determined Clause no. 4.5) may, without prejudice to any other right or remedy against
the contractor which have either accrued or accrue thereafter to Owner, by a notice in
writing to take the part work / part incomplete work of any item(s) out of his hands
and shall have powers to:
a) Take possession of the site and any materials, constructional plant, implements, stores,
etc. thereon and/or
b) Carry out the part work/ part incomplete Work of any item(s) by any means at the risk
and cost of the Contractor.
The Engineer-in-Charge shall determine the amount, if any, is recoverable from the
contractor for completion of the part work/ part incomplete work of any item(s) taken
out of his hands and execute at the risk and cost of the contractor, the liability of
contractor on account of loss or damage suffered by Owner because of action under
this clause shall not exceed 10% (Ten Percent) of the tendered value of the work.
In determining the amount, credit shall be given to the contractor with the value of
work done in all respect in the same manner and at the same rate as if it had been
carried out by the original contractor under the terms of his contract, the value of
contractor's materials taken over and incorporated in the work and use of plant and
machinery belonging to the contractor. The certificate of the Engineer-in-Charge as to

the value of work done shall be final and conclusive against the contractor provided
always that action under this clause shall only be taken after giving notice in writing to
the contractor. Provided also that if the expenses incurred by the Authority are less
than the amount payable to the contractor at his agreement rates, the difference shall
not be payable to the contractor.
Any excess expenditure incurred or to be incurred by Owner in completing the part
work/ part incomplete work of any item(s) or the excess loss of damages suffered or
may be suffered by Owner as aforesaid after allowing such credit shall without
prejudice to any other right or legal remedy available to Owner as per agreement be
recovered from any money due to the contractor on any account, and if such money is
insufficient, the contractor shall be called upon in writing and shall be liable to pay the
same within 30 days.
If the contractor fails to pay the required sum within the aforesaid period of 30 days, the
Engineer-in-Charge shall have the right to sell any or all of the contractors' unused
materials, constructional plant, implements, temporary building at site etc. and adjust
the proceeds of sale thereof towards the dues recoverable from the contractor under the
contract and if thereafter there remains any balance outstanding, it shall be recovered
in accordance with the provisions of the contract.
In the event of above course being adopted by the Engineer-in-Charge, the contractor
shall have no claim to compensation for any loss sustained by him by reason of his
having purchased or procured any materials or entered into any engagements or made
any advance on any account or with a view to the execution of the work or the
performance of the contract.
Where the Contract is rescinded, the security deposit shall be forfeited and the
Performance Guarantee shall be enchased and balance work shall be got done
independently without risk and cost of the failed contractor. The failed contractor shall
be debarred from participating in the tender for executing balance work and any other
work for IIMU.
In the event of above course being adopted by the Engineer-in-Charge, the contractor
shall have no claim to compensation for any loss sustained by him by reason of his
having purchased or procured any materials or entered into any engagements or made
any advance on any account or with a view to the execution of the work or the
performance of the contract.
CLAUSE.4.25. Suspension of Work

(i) The Contractor shall, on receipt of the order in writing of the Owner/Engineer-
in-Charge (whose decision shall be final and binding on the Contractor) suspend the
progress of the Works or any part thereof for such time and in such manner as the

Engineer-in-Charge may consider necessary so as not to cause any damage, harm or
injury to the Work already completed or endanger the safety thereof for any of the
following reason:
a. On account of any default on the part of the Contractor or;
b. For proper execution of the Works or part thereof for reasons other than the default
of the Contractor; or
c. For safety of the Works or part thereof

The Contractor shall, during such suspension, properly protect and secure the Work(s) to
the extent necessary and carry out the instructions given in that behalf by the Engineer-
in-Charge.
(ii) If the suspension is ordered for reasons as per Clauses in above;
(a) The Contractor shall be entitled to an extension of time equal to the period of every
such suspension plus 25% for completion of the item or group of items of Work(s)
for which a separate period of completion is specified in the contract and of which
the suspended Work forms a part, and;
(b) If the total period of all such suspensions in respect of an item or group of items or
Work(s) for- which a separate period of completion is specified in the contract
exceeds thirty days, the Contractor shall, in addition to the compensation payable
under the Contract be entitled to such compensation as the Engineer-in-Charge
may consider reasonable in respect of salaries and/or wages paid by the
Contractor to his employees and labour at site, remaining idle during the period of
suspension by adding thereto 2% to such compensation payable to cover indirect
expenses of the Contractor; provided the Contractor submits his claim supported
by details to the Engineer-in-Charge within fifteen days of the expiry of the period
of 30 days.
(iii)If the Work(s) or part thereof is suspended on the orders of the Engineer-in-Charge
for more than three months at a time, except when suspension is ordered for reason as
per Clause the Contractor may after receipt of such order serve a written notice on the
Engineer-in-Charge requiring permission within fifteen days from receipt by the
Engineer-in-Charge of the said notice, to proceed with the Work or part thereof in regard
to which progress has been suspended and if such permission is not granted within that
time the Contractor, if he intended to treat the suspension, where it affects only a part of
the Works as an omission of such part by the Owner or where it affects whole of the
Works, as an abandonment of the Works by the Owner, shall within ten days of expiry of
such period of 15 days give notice in writing of his intention to the Engineer-in-Charge.
In the event of the Contractor treating the suspension as an abandonment of the contract
by the Owner, he shall have no claim to payment of any compensation on account of any

profit or advantage which he might have derived from the execution of Work in full, but
which he could not derive in consequence of the abandonment. The Contractor shall,
however, be entitled to such compensation, as the Engineer-in-charge may consider
reasonable in respect of salaries and or wages paid to his employees and labour at site
remaining idle in consequence by adding 2% to the total thereof to cover indirect
expenses of the Contractor provided the Contractor submits his claim supported by
details to the Engineer-in-Charge within 15 days of the expiry of the period of 3 months.
Provided, further, that the Contractor shall not be entitled to claim any compensation
from IIMU for the loss suffered by him on account of delay by IIMU in the supply of
materials where such delay is covered by difficulties relating to the supply of wagons,
force majeure including non-allotment of such materials by controlling authorities, acts
of God, acts of enemies of the state/country or any reasonable cause beyond the control
of the Owner.
Action in case work not done as per Specifications

All Works under or in course of execution or executed in pursuance of the Contract shall
at all times be open and accessible to the inspection and supervision of the Engineer-in-
charge, their authorized subordinates in charge of the Work and the Contractor shall at
all times during the usual working hours and at all other times prior to a reasonable
notice of the visit of such officers has been given to the Contractor either himself be
present to receive orders and instructions or have a responsible agent duly accredited in
writing, present for that purpose. Orders given to the Contractors agent shall be
considered to have the same force as if they had been given to the Contractor himself.
If it shall appear to the Engineer-In-Charge or their authorized subordinates in charge of
the Work(s), that any Work(s) has been executed with unsound, imperfect, or unskillful
workmanship, or with materials or articles of inferior quality, to those contracted, the
Contractor shall on demand in writing, which shall be made within six months of the
completion of the Work by the Engineer-in-Charge, remove and reconstruct Work so
specified in whole or in part, as the case may require or as the case may be, remove the
materials or articles so specified and provide other proper Contractor and suitable
materials or articles at his own charge and cost. In the event of failing to do so within a
period specified by the Engineer-in charge in his demand aforesaid, then the Contractor
shall be liable to pay compensation at the same rate as under clause of the Contract (for
non-completion of the work in time) for such default.
In such case the Engineer-in Charge may not accept the item of Work at the rates
applicable under the contract, but may accept such items at reduced rates as the
Engineer-in-Charge may consider reasonable during the preparation of on account bills
or final bill, if the item is so acceptable without detriment to the safety and utility of the

item and the structure or he may reject the work outright without any payment and/or
get it and other connected and incidental items rectified, or remove and re-executed at
the risk and cost of the same will be final and binding on the contractor.
CLAUSE.4.26. Contractor Liable for Damages/ Defects during

defects liability period
In the event the Contractor or his working people or servants shall break, deface injure or
destroy any part of building in which they may be working, or any building road, road
curb, fence, enclosure, water pipe, cables, drains, electric or wires, trees, grass or
grassland, or cultivated ground contiguous to the premises on which the Work any part
is being executed, or if any damage shall happen to the Work while in progress, from
any cause whatsoever, or if any defect, shrinkage or other faults appear in the Work
within twelve months after a certificate final or otherwise of its completion has been
given by the Engineer-in charge as aforesaid arising out of defect or improper materials
or workmanship, the Contractor shall upon receipt of a notice in writing on that behalf
by the Engineer-in-Charge make the same good at his own expense. In default of the
Contractor to make such payments, the Engineer-in Charge shall cause the same to be
made good by other workmen and deduct the expense incurred from any sums that may
be due and payable to the Contractor either from the bills due and payable to the
Contractor or from his security deposit. The security deposit of the contractor shall not
be refunded before the expiry of twelve months after the issue of the certificate final or
otherwise, of completion of work, or till the final bill has been prepared and passed
whichever is later.
Provided that in the case of road work, if in the opinion of the Engineer-in-Charge, half
of the security deposit is sufficient, to meet all liabilities of the contractor under this
contract, half of the security deposit will be refundable after six months and the
remaining half after twelve months of the issue of the said certificate of completion or till
the final bill has been prepared and passed whichever is later.
In case of Maintenance and Operation works of E&M services, the security deposit
deducted from contractors shall be refunded within one month from the date of final
payment or within one month from the date of completion of the maintenance contract
whichever is earlier.
CLAUSE.4.27. Contractor to provide tools & plants etc.

The contractor shall provide at his own cost all materials (except such special materials,
if any, as may in accordance with the contract be supplied from the Owner), machinery,
tools & plants as specified in Schedule-F. In addition to this, appliances, implements,
other plants, ladders, cordage, tackle, scaffolding and temporary works required for the

proper execution of the work, whether original, altered or substituted and whether
included in the specifications or other documents forming part of the contract or referred
to in these conditions or not, or which may be necessary for the purpose of satisfying or
complying with the requirements of the Engineer-in-Charge as to any matter as to which
under these conditions he is entitled to be satisfied, or which he is entitled to require
together with carriage therefore to and from the work. The contractor shall also supply
without charge the requisite number of persons with the means and materials, necessary
for the purpose of setting out works, and counting, weighing and assisting the
measurement for examination at any time and from time to time of the work or
materials.
Failing his so doing, the same may be provided by the Engineer-in-Charge at the expense
of the contractor and the expenses may be deducted, from any money due to the
contractor, under this contract or otherwise and/or from his security deposit or the
proceeds of sale thereof, or of a sufficient portions thereof.
CLAUSE.4.28. Recovery of Compensation paid to Workmen

In every case in which by virtue of the provisions sub-section (1) of Section 12, of the
Workmen’s Compensation Act, 1923, Owner is obliged to pay compensation to workman
employed by the contractor, in execution of the works, Owner will recover from the
contractor, the amount of the compensation so paid; and, without prejudice to the rights
of the Owner under sub-section (2) of Section 12, of the said Act, Owner shall be at
liberty to recover such amount or any part thereof by deducting it from the security
deposit or from any sum due by Owner to the contractor whether under this contract or
otherwise. Owner shall not be bound to contest any claim made against it under sub-
section (1) of Section 12, of the said Act, except on the written request of the contractor
and upon his giving to Owner full security for all costs for which Owner might become
liable in consequence of contesting such claim.
CLAUSE.4.29. Ensuring Payment and Amenities to Workers if

Contractor fails
ln every case in which by virtue of the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970, and of the Contract Labour (Regulation and Abolition) Central
Rules, 1971, Owner is obliged to pay any amounts of wages to a workman employed by
the contractor in execution of the works, or to incur any expenditure in providing
welfare and health amenities required to be provided under the above said Act and the
rules under Clause 19H or under the C.P.W.D. Contractor’s Labour Regulations, or
under the Rules framed by Government from time to time for the protection of health
and sanitary arrangements for workers employed by C.P.W.D. Contractors, Owner will

recover from the contractor, the amount of wages so paid or the amount of expenditure
so incurred; and without prejudice to the rights of the Owner under sub-section(2) of
Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and
Abolition) Act, 1970, Owner shall be at liberty to recover such amount or any part thereof
by deducting it from the security deposit or from any sum due by Owner to the
contractor whether under this contract or otherwise Owner shall not be bound to contest
any claim made against it under sub-section (1) of Section 20, sub-section (4) of Section
21, of the said Act, except on the written request of the contractor and upon his giving to
the Owner full security for all costs for which Owner might become liable in contesting
such claim.
CLAUSE.4.30. Labour Laws to be complied with, by the Contractor

The contractor shall obtain a valid license under the Contract Labour (R&A) Act, 1970,
and the Contract Labour (Regulation and Abolition) Central Rules, 1971, before the
commencement of the work, and continue to have a valid license until the completion of
the work. The contractor shall also atendere by the provisions of the Child
Labour(Prohibition and Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other
Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
and the building and other Construction Workers Welfare Cess Act, 1996.
The contractor shall make provision for crèche for children of Labours working at site.
Sufficient no of toys and play facilities along with required no of attended shall be made
available.
Any failure to fulfill these requirements shall attract the penal provisions of this contract
arising out of the resultant non-execution of the work.
Child Labour:
No labour below the age of fourteen years shall be employed on the work.
Payment of wages:
(i) The contractor shall pay to labour employed by him either directly or through
subcontractors, wages not less than fair wages as defined in the Contractor’s Labour
Regulations or as per the provisions of the Contract Labour (Regulation and Abolition)
Act, 1970 and the contract Labour (Regulation and Abolition) Central Rules, 1971,
wherever applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to the contrary,
cause to be paid fair wage to labour indirectly engaged on the work, including any
labour engaged by his sub-contractors in connection with the said work, as if the labour
had been immediately employed by him.

(iii) In respect of all labour directly or indirectly employed in the works for performance
of the contractor’s part of this contract, the contractor shall comply with or cause to be
complied with the Central Public Works Authority contractor’s Labour Regulations
made by Government from time to time in regard to payment of wages, wage period,
deductions from wages recovery of wages not paid and deductions unauthorized made,
maintenance of wage books or wage slips, publication of scale of wages and other terms
of employment, inspection and submission of periodical returns and all other matters of
the like nature or as per the provisions of the Contract Labour (Regulation and
Abolition) Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules,
1971, wherever applicable.
(iv) (a) The Engineer-in-Charge concerned shall have the right to deduct from the
moneys due to the contractor any sum required or estimated to be required for making
good the loss suffered by a worker or workers by reason of non-fulfillment of the
conditions of the contract for the benefit of the workers, non-payment of wages or of
deductions made from his or their wages which are not justified by their terms of the
contract or non-observance of the Regulations.
(b) Under the provision of Minimum Wages (Central) Rules, 1950, the contractor is
bound to allow to the labours directly or indirectly employed in the works one day rest
for 6 days continuous work and pay wages at the same rate as for duty. In the event of
default, the Engineer-in-Charge shall have the right to deduct the sum or sums not paid
on account of wages for weekly holidays to any labour and pay the same to the persons
entitled thereto from any money due to the contractor by the Engineer-in-Charge
concerned.
(v) The contractor shall comply with all the Central, State Laws & other statutory and
regulatory provisions and Rules including but not limited to the provisions of the
Payment of Wages Act, 1936, Minimum Wages Act 1948, Minimum Wages (Central)
Rules, 1950, Employees Liability Act, 1938, Workmen’s Compensation Act, 1923,
Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, Child Labour (Prohibition
and Regulation) Act, 1986 and the Contractor’s Labour (Regulation and Abolition) Act
1970, or the modifications thereof or any other laws relating thereto and the rules made
there under from time to time.
(vi) The contractor shall indemnify and keep indemnified Owner against payments to be
made under and for the observance of the laws aforesaid.
(vii) The laws aforesaid shall be deemed to be a part of this contract and any breach
thereof shall be deemed to be a breach of this contract.
(viii) Whatever is the minimum wage for the time being, or if the wage payable is higher
than such wage, such wage shall be paid by the contractor to the workmen directly
without the intervention of Jamadar (head of the labour Gang) and that Jamadar shall

not be entitled to deduct or recover any amount from the minimum wage payable to the
workmen as and by way of commission or otherwise.
(ix) The contractor shall ensure that no amount by way of commission or otherwise is
deducted or recovered by the Jamadar from the wage of workmen.
In respect of all labour directly or indirectly employed in the work for the performance
of the contractor’s part of this contract, the contractor shall at his own expense arrange
for the safety provisions as per. Safety Code framed from time to time and shall at his
own expense provide for all facilities in connection therewith. In case the contractor fails
to make arrangement and provide necessary facilities as aforesaid, he shall be liable to
pay a penalty of Rs.200/- for each default and in addition, the Engineer-in- Charge shall
be at liberty to make arrangement and provide facilities as aforesaid and recover the
costs incurred in that behalf from the contractor.
The contractor shall submit of every month, to the Engineer-in-Charge, a true statement
showing in respect of the second half of the preceding month and the first half of the
current month respectively:-
The number of Labourers employed by him on the work,
Their working hours,
The wages paid to them,
The accidents that occurred during the said fortnight showing the circumstances under
which they happened and the extent of damage and injury caused by them, and
The number of female workers who have been allowed maternity benefit according to
Clause and the amount paid to them.
Failing which the contractor shall be liable to pay to Owner, a sum not exceeding
Rs.200/- for each default or materially incorrect statement. The decision of the Engineer
in Charge shall be final in deducting from any bill due to the contractor; the amount
levied as fine and is binding on the contractor.
In respect of all labour directly or indirectly employed in the works for the performance
of the contractor’s part of this contract, the contractor shall comply with or cause to be
complied with all the rules framed by Owner from time to time for the protection of
health and sanitary arrangements for workers employed by the contractors.
In the event of the contractor(s) committing a default or breach of any of the provisions
of the Central Public Works Authority, Contractor’s Labour Regulations 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 Regulations and’ Rules which is materially incorrect,
he/they shall, without prejudice to any other liability, pay to the Owner 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 per cent of the estimated cost of the work put to
tender. The decision of the Engineer-in-Charge shall be final and binding on the parties.
Should it appear to the Engineer-in-Charge 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 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 work-people employed by the contractor(s) (hereinafter
referred as “the said Rules”) the Engineer-in-Charge shall have power to give notice in
writing to the contractor(s) requiring that the said Rules 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/observe the said Rules and to provide the amenities to the
work-people as aforesaid, the Engineer-in-Charge shall have the power to provide the
amenities hereinbefore 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 remodeled 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).
The contractor(s) shall at his/their own cost provide his/their labour with a sufficient
number of huts (hereinafter referred to as the camp) of the following specifications on a
suitable plot of land to be approved by the Engineer-in-Charge.
(i) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and the
floor area to be provided will be at the rate of 2.7 sqm. (30 sq. ft.) For each member of the
worker’s family staying with the Labourer.
(b) The contractor(s) shall in addition construct suitable cooking places having a
minimum area of 1.80m x 1.50m (6’x5') adjacent to the hut for each family.

(c) The contractor(s) shall also construct temporary latrines and urinals for the use of the
Labourers each on the scale of not less than four per each one hundred of the total
strength, separate latrines and urinals being provided for women.
(d) The contractor(s) shall construct sufficient number of bathing and washing places,
one unit for every 25 persons residing in the camp. These bathing and washing places
shall be suitably screened.
(ii) (a) all the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or
other suitable local materials as may be approved by the Engineer-in-Charge. In case of
sun-dried bricks, the walls should be plastered with mud gobri on both sides. The floor
may be kutcha but plastered with mud gobri and shall be at least 15 cm (6") above the
surrounding ground. The roofs shall be laid with thatch or any other materials as may be
approved by the Engineer-in-Charge and the contractor shall ensure that throughout the
period of their occupation, the roofs remain water-tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows, and ventilators shall be provided with suitable leaves for
security purposes.
(d) There shall be kept an open space of at least 7.2m (8 yards) between the rows of huts
which may be reduced to 6m (20 ft.) according to the availability of site with the
approval of the Engineer-in-Charge. Back to back construction will be allowed.
(iii) Water Supply - The contractor(s) shall provide adequate supply of water for the use
of Labourers. The provisions shall not be less than two gallons of pure and wholesome
water per head per day for drinking purposes and three gallons of clean water per head
per day for bathing and washing purposes. Where piped water supply is available,
supply shall be at stand posts and where the supply is from wells or river, tanks which
may be of metal or masonry, shall be provided. The contractor(s) shall also at his/ their
own cost make arrangements for laying pipe lines for water supply to his/ their labour
camp from the existing mains wherever available, and shall pay all fees and charges
therefore.
(iv) The site selected for the camp shall be high ground, removed from jungle.
(v) Disposal of Excreta - The contractor(s) shall make necessary arrangements for the
disposal of excreta from the latrines by trenching or incineration, which shall be
According to the requirements laid down by the Local Health Authorities. If trenching or
incineration is not allowed, the contractor(s) shall make arrangements for the removal of
the excreta through the Municipal Committee/authority and inform it about the number
of Labourers employed so that arrangements may be made by such
Committee/authority for the removal of the excreta. All charges on this account shall be

borne by the contractor and paid direct by him to the Municipality/authority. The
contractor shall provide one sweeper for every eight seats in case of dry system.
(vi) Drainage - The contractor(s) shall provide package type STP plant of required
capacity approved by engineer in change for treating the sewage water and supply to the
Owner free of cost for the use of gardening. The contractor will carry out maintenance of
STP at his own cost. Contractor will keep the camp neat and tidy.
(vii) The contractor(s) shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(Viii) Sanitation - The contractor(s) shall make arrangements for conservancy and
sanitation in the labour camps according to the rules of the Local Public Health and
Medical Authorities.
The Engineer-in-Charge may require the contractor to dismiss or remove from the site of
the work any person or persons in the contractors’ employ upon the work who may be
incompetent or misconduct himself and the contractor shall forthwith comply with such
requirements. In respect of maintenance/repair or renovation works etc. where the
labour have an easy access to the individual houses, the contractor shall issue identity
cards to the Labourers, whether temporary or permanent and he shall be responsible for
any untoward action on the part of such labour. Engineer in charge will display a list of
contractors working in the colony/Blocks on the notice board in the colony and also at
the service center, to apprise the residents about the same.
Occupation of Buildings by Unauthorized persons
It shall be the responsibility of the contractor to see that the building under construction
is not occupied by anybody unauthorized during construction, and is handed over to the
Engineer-in-Charge with vacant possession of complete building. If such building
though completed is occupied illegally, then the Engineer-in-Charge shall have the
option to refuse to accept the said building/buildings in that position. Any delay in
acceptance on this account will be treated as the delay in completion and for such delay,
a levy up to 5% of tendered value of work may be imposed by the Engineer in charge
whose decision shall be final both with regard to the justification and quantum and be
binding on the contractor. However, the Engineer in charge through a notice may require
the contractor to remove the illegal occupation any time on or before construction and
delivery.
Employment of skilled/semi-skilled workers

The contractor shall, at all stages of work, deploy skilled/semi-skilled tradesmen who
are qualified and possess certificate in particular trade from Training Institute/Industrial
Training Institute/National Institute of construction Management and Research
(NICMAR)/ National Academy of Construction, CIDC or any similar reputed and
recognized Institute managed/ certified by State/Central Government. The number of

such qualified tradesmen shall not be less than 20% of total skilled/semi-skilled workers
required in each trade at any stage of work. The contractor shall submit number of man
days required in respect of each trade, it’s scheduling and the list of qualified tradesmen
along with requisite certificate from recognized Institute to Engineer in charge for
approval. Notwithstanding such approval, if the tradesmen are found to have
inadequate skill to execute the work of respective trade, the contractor shall substitute
such tradesmen within two days of written notice from Engineer in-Charge. Failure on
the part of contractor to obtain approval of Engineer-in-Charge or failure to deploy
qualified tradesmen will attract a compensation to be paid by contractor at the rate of Rs.
100 per such tradesman per day. Decision of Engineer in Charge as to whether particular
tradesman possesses requisite skill and amount of compensation in case of default shall
be final and binding.
CLAUSE.4.31. Minimum Wages Act to be complied with

The contractor shall comply with all the provisions of the Minimum Wages Act, 1948,
and Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time
and rules framed there under and other labour laws affecting contract labour that may
be brought into force from time to time.
CLAUSE.4.32. Work not to be sublet

The contract shall not be assigned or sublet without the written approval of the IIMU.
And if the contractor shall assign or sublet his contract, or attempt to do so, or become
insolvent or commence any insolvency proceedings or make any composition with his
creditors or attempt to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or
advantage pecuniary or otherwise, shall either directly or indirectly, be given, promised
or offered by the contractor, or any of his servants or agent to any officer or person in the
employ of Owner or any of its formally appointed consultants in any way relating to
their office or employment, or if any such officer or person shall become in any way
directly or indirectly interested in the contract, the Engineer-in-Charge on behalf of the
IIMU shall have power to adopt the course specified in Clause (when contract can be
determined) hereof in the interest of Owner and in the event of such course being
adopted, the consequences specified in the said Clause shall ensue.
CLAUSE.4.33. Compensation
All sums payable by way of compensation under any of these conditions shall be
considered as reasonable compensation to be applied to the use of Owner without
reference to the actual loss or damage sustained and whether or not any damage shall
have been sustained.

CLAUSE.4.34. Changes in firm’s Constitution to be intimated
Where the contractor is a partnership firm, the previous approval in writing of the
Owner shall be obtained before any change is made in the constitution of the firm.
Where the contractor is an individual or a Hindu undivided family business concern,
such approval as aforesaid shall likewise be obtained before the contractor enters into
any partnership agreement where under the partnership firm would have the right to
carry out the works hereby undertaken by the contractor. If previous approval as
aforesaid is not obtained, the contract shall be deemed to have been assigned in
contravention of Clause (Work not be sub late in case of insolvency) hereof and the same
action may be taken, and the same consequences shall ensue as provided in the said
Clause (Work not be sublet in case of insolvency)
CLAUSE.4.35. Works to be executed under the Contract

All works to be executed under the contract shall be executed under the direction and
subject to the approval in all respects of the Engineer-in-Charge who shall be entitled to
direct at what point or points and in what manner they are to be commenced, and from
time to time carried on.
CLAUSE.4.36. Settlement of disputes & Arbitration

Except where otherwise provided in the contract, all questions and disputes relating to
the meaning of the specifications, design, drawings and instructions herein before
mentioned and as to the quality of workmanship or materials used on the Work or as to
any other question, claim, right, matter or thing whatsoever in any way arising out of or
in relation to the contract, design, drawings, specification, estimates, instructions, orders
or these conditions or otherwise concerning the Work or the execution or failure to
execute the same whether arising during the progress of the Work or after the
cancellation, termination, completion or abandonment thereof shall be dealt with as
mentioned hereinafter
(A) If the Contractor considers any Work demanded of him to be outside the
requirements of the Contract, or disputes any drawings, record or decision given
in writing by the Engineer-in-Charge on any matter in connection with or arising
out of the contract or carrying out of the Work to be unacceptable he shall
promptly within 15 days request the Owner in writing for written instruction or
decision on such matters. Thereupon, the Owner shall give his written instructions
or decisions within a period of one month from the receipt of the Contractor’s
letter.

If the Owner fails to give his instructions or decision in writing within the
aforesaid period or if the Contractor is dissatisfied with the instructions or decision
of the Owner, the Contractor may, within 15 days of the receipt of the Owner’s
decision, give notice to the Owner to appoint an Arbitrator failing which the said
decision shall be final, binding and conclusive and not referable to adjudication by
the Arbitrator.
(B) Except where the decision has become final, binding and conclusive in terms of
Sub Para (A) above disputes or differences other than those which have become
final binding and conclusive shall be referred for adjudication through Arbitration.
It is a term of this Contract that the party invoking Arbitration shall give a list of disputes
with amounts claimed there under in respect of each such dispute along with the notice
for appointment of Arbitrator and giving reference to the rejection by the Owner of the
appeal.
It is also a term of this contract that If the Contractor does not make any demand for
appointment of an Arbitrator in respect of any claims in writing as aforesaid within 120
days of receiving the claim of the Engineer-in-Charge, that the final bill is ready for
payment, the claim of the Contractor shall be deemed to have been waived and
absolutely barred and the Owner shall be discharged and released of all liabilities under
the contract in respect of these claims.
All disputes, differences or disagreements arising out of, in connection with or in relation
to this Agreement, which cannot be amicably settled, shall be referred to arbitration in
accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996)
or any statutory modification or re-enactment thereof and rules made there under from
time to time. Both parties shall be entitled to appoint an arbitrator each and such
arbitrators shall jointly appoint a third arbitrator to be known as the Sole Arbitrator.
The venue of arbitration shall be Udaipur or such other place as may be mutually agreed
between the parties and the language of arbitration shall be English. The award shall be
rendered in English language.
It is also a term of this contract that the Arbitrators shall adjudicate on only such disputes
as are referred to them and shall give separate award against each dispute and claim
referred to them, and in all cases where the total amount of the claims by any party
exceeds Rs.1,00,000/- the Arbitrators shall give reasons for the award so made.
It is also a term of the contract that if any fees and other expenses payable to the
Arbitrator shall be borne and paid equally by both the parties.
It is also a term of the contract that the arbitrators shall be deemed to have entered on the
reference on the date he issues notice to both the parties calling them to submit their
statement of claims and counter statement of claims. The fees, if any, of the arbitrators

shall, if required to be paid before the award is made and published, be paid half by each
of the parties. The cost of the reference and of the award (including the fees, if any, of the
arbitrator) shall be in the discretion of the arbitrator who may direct to any by whom and
in what manner, such costs or any part thereof shall be paid and fix or settle the amount
of costs to be so paid.
CLAUSE.4.37. Contractor to indemnify Owner against Patent

Rights
The contractor shall fully indemnify and keep indemnified the Owner against any action,
claim or proceeding relating to infringement or use of any patent or design or any
alleged patent or design rights and shall pay any royalties which may be payable in
respect of any article or part thereof included in the contract. In the event of any claims
made under or action brought against Owner in respect of any such matters as aforesaid,
the contractor shall be immediately notified thereof and the contractor shall be at liberty,
at his own expense, to settle any dispute or to conduct any litigation that may arise there
from, provided that the contractor shall not be liable to indemnify the Owner if the
infringement of the patent or design or any alleged patent or design right is the direct
result of an order passed by the Engineer-in-Charge in this behalf.
CLAUSE.4.38. Action where no Specifications are specified

In the case of any class of work for which there is no such specifications as referred to in
Clause, such work shall be carried out in accordance with the Bureau of Indian
Standards Specifications. In case there are no such specifications in Bureau of Indian
Standards, the work shall be carried out as per manufacturers’ specifications, if not
available then as per District Specifications. In case there are no such specifications as
required above, the work shall be carried out in all respects in accordance with the
instructions and requirements of the Engineer-in-Charge.
CLAUSE.4.39. Withholding and lien in respect of sum due from

contractor
(i) Whenever any claim or claims for payment of a sum of money arises out of or under
the contract or against the contractor, the Engineer-in-Charge may suggest Owner to
withhold and also have a lien to retain such sum or sums in whole or in part from the
security, if any deposited by the contractor and for the purpose aforesaid, the Engineer
in- Charge may suggest Owner to withhold the security deposit, if any, furnished as the
case may be and also have a lien over the same pending finalization or adjudication of
any such claim. In the event of the security being insufficient to cover the claimed
amount or amounts or if no security has been taken from the contractor, the Owner shall

be entitled to withhold and have a lien to retain to the extent of such claimed amount or
amounts referred to above, from any sum or sums found payable or which may at any
time thereafter become payable to the contractor under the same contract or any other
contract with the Owner or any contracting person through the Engineer- in-Charge
pending finalization of adjudication of any such claim.
It is an agreed term of the contract that the sum of money or moneys so withheld or
retained under the lien referred to above by the Owner will be kept withheld or retained
as such by the Owner till the claim arising out of or under the contract is determined by
the arbitrator or by the competent court, as the case may be and that the contractor will
have no claim for interest or damages whatsoever on any account in respect of such
withholding or retention under the lien referred to above and duly notified as such to the
contractor.
(ii) Owner shall have the right to cause an audit and technical examination of the works
and the final bills of the contractor including all supporting vouchers, abstract, etc., to be
made after payment of the final bill and if as a result of such audit and technical
examination any sum is found to have been overpaid in respect of any work done by the
contractor under the contract or any work claimed to have been done by him under the
contract and found not to have been executed, the contractor shall be liable to refund the
amount of over-payment and it shall be lawful for Owner to recover the same from him
in the manner prescribed in sub-clause (i) of this clause or in any other manner legally
permissible; and if it is found that the contractor was paid less than what was due to him
under the contract in respect of any work executed by him under it, the amount of such
under payment shall be duly paid by Owner to the contractor, without any interest
thereon whatsoever.
Provided that the Owner shall not be entitled to recover any sum overpaid, nor the
contractor shall be entitled to payment of any sum paid short where such payment has
been agreed upon between the Engineer in Charge on the one hand and the contractor
on the other under any term of the contract permitting payment for work after
assessment by the Engineer in Charge.
CLAUSE.4.40. Lien in respect of claims in other Contracts

Any sum of money due and payable to the contractor (including the security deposit
returnable to him) under the contract may be withheld or retained by way of lien by the
Owner through Engineer-in-Charge against any claim of the Owner or such other person
or persons in respect of payment of a sum of money arising out of or under any other
contract made by the contractor with the Owner.
It is an agreed term of the contract that the sum of money so withheld or retained under
this clause by the Owner will be kept withheld or retained as such by the Owner or till

his claim arising out of the same contract or any other contract is either mutually settled
or determined by the arbitration clause or by the competent court, as the case may be
and that the contractor shall have no claim for interest or damages whatsoever on this
account or on any other ground in respect of any sum of money withheld or retained
under this clause and duly notified as such to the Contractor.
CLAUSE.4.41. Unfiltered Water Supply

Contractor shall make his/their own arrangements for water supply and storage at
site(s)/ location(s) required for all purposes i.e. for construction, drinking, washing,
domestic requirement for workers etc. at no cost to owner. This will be subject to the
following conditions.
That the water used by the contractor(s) shall be fit for construction purposes to the
satisfaction of the Engineer-in-Charge.
The Engineer-in-Charge shall make alternative arrangements for supply of water at the
risk and cost of contractor(s) if the arrangements made by the contractor(s) for
procurement of water are in the opinion of the Engineer-in- Charge, unsatisfactory.
The Contractor shall permit all Sub-Contractors to use his water storage and distribution
facilities for their respective Work. Any additional or special arrangements needed by
Sub-Contractors shall be made by them at their own cost.
Upon completion of the Works, the Contractor shall remove temporary storage tanks,
piping network built or installed on the site so as to restore the site back to its original
condition.
Insufficiency or non-availability of water shall not be cited by the Contractor as an excuse
for delays, or deficiencies in the Work or a reason for claiming extra payments.
The Contractor shall, in all eventualities incorporate in his costing for making
arrangements with necessary approval from relevant authority if any for the water
requirements to be used for construction at his own cost at the time of tendering.
CLAUSE.4.42. Electricity
The Owner shall not provide electrical power. Contractor has to arrange with necessary
permission from relevant authority if any at his own cost electrical power for construction
or for general lighting and other usage
The Contractor shall, at his own cost, provide approved temporary electrical connections,
cables, distribution boards and related equipment for construction, as required by the
Engineer-in-Charge.

The Contractor shall permit and enable all sub-Contractors to use his power &
distribution facilities. The Sub-Contractor shall pay such amount for the use of power &
distribution facilities as may be determined between the Contractors.
The Contractor shall, at his own cost and in order to prevent interruption of the Work(s)
due to power failures, provide for stand-by diesel generators of sufficient capacity as per
the requirements to supply adequate electricity for the Works and for other uses.
Disruptions in power supply, whether due to power failures, load shedding, generator
breakdowns, non-availability of Electric Supply or any other reason, shall not be accepted
as a valid reason for delays and deficiencies in the Work or for claims for additional
payments.
The Contractor shall, at his own cost supply the required electrical power supplies to the
Site offices of the Owner as directed by the Engineer-In-Charge.
CLAUSE.4.43. Return of Surplus materials

Notwithstanding anything contained to the contrary in this contract, where any materials
for the execution of the contract are procured with the assistance of Owner either
purchase made under orders or permits or licenses issued by Owner, the contractor shall
hold the said materials economically and solely for the purpose of the contract and not
dispose of them without the written permission of the Owner and return, if required by
the Engineer-in-Charge, all surplus or unserviceable materials that may be left with him
after the completion of the contract or at its termination for any reason whatsoever on
being paid or credited such price as the Engineer-in-Charge shall determine having due
regard to the condition of the materials. The price allowed to the contractor however shall
not exceed the amount charged to him excluding the element of storage charges. The
decision of the Engineer-in-Charge in this regard shall be final and conclusive. In the
event of breach of the aforesaid condition, the contractor shall in addition to throwing
himself open to action for contravention of the terms of the license or permit and/or for
criminal breach of trust, be liable to Owner for all moneys, advantages or profits resulting
or which in the usual course would have resulted to him by reason of such breach.
CLAUSE.4.44. Employment of technical Staff and employees

Contractors Superintendence, Supervision, Technical Staff & Employees
(i) The contractor shall provide all necessary superintendence during execution of the
work and all along thereafter as may be necessary for proper fulfilling of the obligations
under the contract.
The contractor shall immediately after receiving letter of acceptance of the tender and
before commencement of the work, intimate in writing to the Engineer-in-Charge, the
name(s), qualifications, experience, age, address(s) and other particulars along with

certificates, of the principal technical representative to be in charge of the work and other
technical representative(s) who will be supervising the work. Minimum requirement of
such technical representative(s) and their qualifications and experience shall not be lower
than specified in Schedule ‘F’. The Engineer-in-Charge shall within 3 days of receipt of
such communication intimate in writing his approval or otherwise of such a
representative(s) to the contractor. Any such approval may at any time be withdrawn and
in case of such withdrawal, the contractor shall appoint another such representative(s)
according to the provisions of this clause. Decision of the Engineer-in-Charge shall be final
and binding on the contractor in this respect. Such a principal technical representative and
other technical representative(s) shall be appointed by the contractor soon after receipt of
the approval from Engineer-in-charge and shall be available at site before start of work.
All the provisions applicable to the principal technical representative under the Clause will
also be applicable to other technical representative(s) The principal technical representative
and other technical representative(s) shall be present at the site of work for supervision at all
times when any construction activity is in progress and also present himself/themselves,
as required, to the Engineer-in-Charge and or his designated representative to take
instructions. Instructions given to the principal technical representative or other technical
representative(s) shall be deemed to have the same force as if these have been given to the
contractor. The principal technical representative and other technical representative(s)
shall be actually available and the decision of the Engineer-in-Charge as recorded in the
site order book and measurement-recorded checked/test checked in Measurement Books
shall be final and binding on the contractor. Further if the contractor fails to appoint
suitable technical Principal technical representative and/or other technical
representative(s) and if such appointed persons are not effectively present or are absent by
more than two days without duly approved substitute or do not discharge their
responsibilities satisfactorily, the Engineer-in-Charge shall have full powers to suspend
the execution of the work until such date as suitable other technical representative(s)
is/are appointed and the contractor shall be held responsible for the delay so caused to
the work. The contractor shall submit a certificate of employment of the technical
representative(s) along with every on account bill/final bill and shall produce evidence if
at any time so required by the Engineer-in-Charge at site fully during all stages of
execution of work, during recording/checking/test checking of measurements of works
and whenever so required by the Engineer-in-Charge and shall also note down
instructions conveyed by the Engineer-in-Charge or his designated representative(s) in the
site order book and shall affix his/their signature in token of noting down the instructions
and in token of acceptance of measurements/checked measurements/test checked
measurements. The representative(s) shall not look after any other work other than this
project. Substitutes, duly approved by Engineer-in-Charge of the work in similar manner
as aforesaid shall be provided in event of absence of any of the representative(s) by more
than two days.

If the Engineer-in-Charge, whose decision in this respect is final and binding on the
contractor, is convinced that no such technical representative(s) is/are effectively
appointed or is/are effectively attending or fulfilling the provision of this clause, a
recovery (non-refundable) shall be effected from the contractor as specified in Schedule ‘F’
and decision of the Engineer-in-Charge as recorded in the site order book and
measurement recorded checked/test checked in Measurement Books shall be final and
binding on the contractor.
(ii) The contractor shall provide and employ on the site only such technical assistants as
are skilled and experienced in their respective fields and such foremen and supervisory
staff as are competent to give proper supervision to the work.
The contractor shall provide and employ skilled, semiskilled and unskilled labour as is
necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the contractor to

remove from the works any person who in his opinion misconducts himself, or is
incompetent or negligent in the performance of his duties or whose employment is
otherwise considered by the Engineer-in-Charge to be undesirable. Such person shall not
be employed again at works site without the written permission of the Engineer-in-
Charge and the persons so removed shall be replaced as soon as possible by competent
substitutes.
CLAUSE.4.45. Levy/Taxes payable by Contractor

(i) All statutory taxes, duties, Cess or any other payment or deduction due to be paid to
any of the central, state or local authority including but not limited to Sales Tax/VAT
(except Service Tax), Building and other Construction Workers Welfare Cess or any other
tax or Cess in respect of this contract shall be payable by the contractor and Owner shall
not entertain any claim whatsoever in this respect. However, in respect of service tax,
same shall be paid by the contractor to the concerned department on demand and it will
be reimbursed to him by the Owner after satisfying that it has been actually and genuinely
paid by the contractor.
.
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of the all
kind of stone required for the project from local authorities.
Reimbursement of levy/taxes payable by Contractor:-

(A) All Tendered rates under the Contract shall be inclusive of all taxes and levies
payable under respective statutes. However, pursuant to the Constitution (46th
Amendment) Act, 1982, if any further tax or levy is imposed by statute after the last
stipulated date for the receipt of tender including extensions, if any and the
Contractor thereupon necessarily and properly pays such taxes/levies, the
Contractor shall be reimbursed the amount so paid, provided such payments, if any,
is not in the opinion of the Engineer-in-Charge (whose decision shall be final and
binding on the Contractor) attributable to delay in execution of Work within the
control of the Contractor.
(B) The Contractor shall keep necessary books of accounts and other documents for the
purpose of this condition as may be necessary and required, and shall allow
inspection of the same by a duly authorized representative of the Owner and further
shall furnish such other information/document as the Engineer-in-Charge may
require from time to time.
(C) The Contractor shall, within a period of 20 days of the imposition of any such
further tax or levy, give a written notice thereof to the Engineer-in-Charge that the
same is given pursuant to this condition, together with all necessary information
relating thereto.
CLAUSE.4.46. Termination of Contract on death of contractor

Without prejudice to any of the rights or remedies under this contract, if the contractor
dies, the Engineer in Charge on behalf of the Owner shall have the option of terminating
the contract without compensation to the contractor if there is no legal heir or successor of
the contractor capable of completing the remaining work. The decision of the Engineer In
charge in this regard shall be final and binding.
CLAUSE.4.47. Compensation during warlike situations

The work (whether fully constructed or not) and all materials, machines, tools and plants,
scaffolding, temporary buildings and other things connected therewith shall be at the risk
of the contractor until the work has been delivered to the Engineer-in-Charge and a
certificate from him to that effect obtained. In the event of the work or any materials
properly brought to the site for incorporation in the work being damaged or destroyed in
consequence of hostilities or warlike operation, the contractor shall when ordered (in
writing) by the Engineer-in-Charge to remove any debris from the site, collect and
properly stack or remove in store all serviceable materials salvaged from the damaged
work and shall be paid at the contract rates in accordance with the provision of this
agreement for the work of clearing the site of debris, stacking or removal of serviceable

material and for reconstruction of all works ordered by the Engineer-in-Charge, such
payments being in addition to compensation up to the value of the work originally
executed before being damaged or destroyed and not paid for. In case of works damaged
or destroyed but not already measured and paid for, the compensation shall be assessed
by the Engineer in Charge. The contractor shall be paid for the damages/destruction
suffered and for restoring the material at the rate based on analysis of rates tendered for in
accordance with the provision of the contract. The certificate of the Engineer-in-Charge
regarding the quality and quantity of materials and the purpose for which they were
collected shall be final and binding on all parties to this contract.
Provided always that no compensation shall be payable for any loss in consequence of
hostilities or warlike operations (a) unless the contractor had taken all such precautions
against air raid as are deemed necessary by the Engineer-in-Charge (b) for any material
etc. not on the site of the work or for any tools, plant, machinery, scaffolding, temporary
building and other things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid, he shall be
allowed such extension of time for its completion as is considered reasonable by the
Engineer in Charge.

SECTION 5
SPECIAL CONDITIONS OF CONTRACT

CLAUSE.5.1. Sub-Contractors
Where and when the appointment of specialist Sub-Contractors is indicated, such Sub-
Contractors shall be appointed only with the prior written approval of the Owner upon
recommendation of IIMU on the following conditions:-
(A) The Contractor shall enter into written agreements with Sub-Contractors and ensure
that the Sub-Contractors perform their Work in accordance with and subject to the
terms and conditions of these Contract Documents. A copy of each such Agreement
shall be furnished to the Engineer-in-Charge and the Owner.
(B) The Contractor shall remain fully responsible to the Owner for the performance and
workmanship and all actions of all sub-Contractors and persons directly or
indirectly employed by them.
(C) The Contractor shall supply and permit all Sub-Contractors to avail of site facilities
and services to enable them to complete their Work safely and without hindrance or
delay and conducive to produce the highest quality of Work required.
(D) The Contractor shall upon receipt of instruction from the Engineer-in-Charge,
terminate and remove from site forthwith such Sub-Contractor or their person
who’s Work may be considered unsatisfactory.
(E) The Contractor shall make regular and prompt payment to each Sub-Contractor not
later than one week after receipt of payment from Owner for their measured Works
certified by the Engineer-in-Charge. If the Contractor fails to make payments to Sub-
Contractors as aforesaid, the Owner may, without any obligation or prejudice to its
rights and with prior intimation to the Contractor may make direct payments to
Sub-Contractors for and on behalf and from the account of the Contractor and
recover such sums from the account of the Contractor out of the amounts due and
payable under the bills raised by the Contractor. Such direct payments to Sub-
Contractors shall be on behalf of the Contractor and shall in no way relieve the
Contractor of his responsibilities or create a contractual relationship between the
Owner and Sub-Contractor.
(F) Any Subcontractor that has been approved by the Owner shall neither be removed
nor replaced without the prior written consent of the Owner.
CLAUSE.5.2. Nominated Sub-Contractors
The Owner shall be entitled to nominate to the Contractor selected Sub-Contractors for
carrying out certain sections of the Work or to replace terminated Sub-Contractors. Such
nominated Sub-Contractors shall receive the same assistance and co-operation from the
Contractor as other Sub-Contractors appointed by the Contractor, and the Contractor shall

be equally responsible and liable for their Work as is liable for the Works of the other Sub-
Contractors. Nominated Sub-Contractors shall enter into direct agreements with the
Owner and shall receive direct payments from the Owner. For the site facilities and
services made available by the Contractor at his cost to the nominated Sub-Contractors
including free water, electricity, insurance, staging, scaffolding, etc. the Contractor shall be
entitled to receive 3% on the cost of the nominated Sub-Contractors’ Work.
Nothing shall absolve the Contractor, including the approval/ termination/ nomination
of Sub-Contractors by the Owner of his overall responsibility under the Contract to closely
supervise the Work of the Sub-Contractor whether on or off the site and to ensure
adherence to the Specifications and Schedules.
CLAUSE.5.3. Site office
The Contractor shall at his cost provide a watertight, air-conditioned, lockable site office
with necessary communication facilities at a suitable location as approved by the
Engineer-in-charge for his employees deployed for this project purpose.
CLAUSE.5.4. Fossils:
NOT APPLICABLE
CLAUSE.5.5. Insurance
The Contractor shall at his own expense arrange for all insurance policies, including
workmen compensation policy and Contractor’s All Risk policy (CAR Policy) in the
amount of the Contract effective from the date of commencement of Work(s) and until
final completion of the Work(s) also taking into consideration the defects liability period,
against all of the following risks.
(A) Injuries and damage of persons, property, machinery, equipment, vehicles, animals or things,
within or outside the site, arising out of his operations or of any sub-Contractors, nominated
or otherwise, or out of any actions of his employees, agents or representatives, limited to Rs.
20,00,000 (Rupees Twenty Lakhs) per accident
(B) Injuries to his or any Sub-Contractor’s employees.
(C) Damage to or loss of the property, equipment, and materials at site, of the Owner, Contractor
and all Sub-Contractors, as a result of natural causes such as lightning, storm, flood, rain,
fire, earthquake, explosion, landslide, etc.
(D) Damage and injuries to persons, property and materials arising out of riot and civil
commotion, theft, sabotage malicious acts, terrorist activities, flood, water logging etc.
The insurance policy or policies to cover risks of every nature shall be in the joint names of
the Owner and Contractor, and the original of such policy/ policies shall be lodged with

the Engineer-in-Charge. The Contractor shall also lodge the premium receipts with the
Engineer-in-Charge, such standing jointly in the names of the Owner and the Contractor.
If the Contractor fails to arrange the requisite insurance or fails to renew the policies, the
Owner shall arrange for obtaining the requisite insurance policies and or renew them and
recover the cost of all premiums from the Contractor and/or subsequently deduct such
amount from the payments due and payable by the Owner to the Contractor from the bills
raised by the Contractor in respect of the Work(s) executed.
No certificate of payment shall be issued by the Engineer-in-Charge whether for an
interim or of the final bill raised by the Contractor if the Contractor fails to arrange for
total insurance cover.
The Contractor shall reinstate in a manner approved by the Engineer-in-Charge all
damage of every sort caused entirely at his cost so as to deliver up to the Owner the whole
of the Work(s) complete and perfect in all respects, and so certified by the Engineer-in-
Charge and also make good or otherwise satisfy all claims for damage to property of third
parties.
The Contractor shall be responsible for anything within his control and for all risks and
consequences, which are not included in the purview of the insurance policies.
The insurance cover shall stand extended until final completion of the Works and the
contract and shall also cover the defects liability period.
The Contractor undertakes not to cancel any insurance policy nor reduce its scope without
the written consent of the Engineer-in-Charge.
The Contractor undertakes to file necessary insurance claims jointly with the Owner and
also to join the Owner in filing any claim the Owner chooses to.
Payments against all insurance claims shall be received in the name of the Owner and
commensurate adjustments shall be made in accounts with the Contractor.
The aforesaid insurance policy/policies shall not be cancelled till the Engineer-in-Charge
has agreed to their cancellation.
The Contractor shall prove to the Engineer-in-Charge from time to time that it has taken
out all insurance policies referred to above and has paid the necessary premium for
keeping the policies alive till the end of the defects liability period.
The Contractor shall ensure that similar insurance policies are taken out by his Sub-
Contractor (if any) and shall be responsible for any claims of losses to the Owner resulting
from their failure to obtain adequate insurance protections in connection thereof. The
Contractor shall also obtain the originals of the policies and the premium receipts from the
Sub-Contractor and shall lodge the same with the Engineer-in-Charge.

CLAUSE.5.6. Protection of Persons, Works and Property
Accident or Injury to Workmen
The Owner shall not be liable for or in respect of any damages or compensation payable
to any workman or other person in the employment of the Contractor or any
Subcontractor, other than death or injury resulting from any act or default of the Owner,
his agents or servants.
Accident Prevention:
(A) General:
In performing this contract, the Contractor shall provide for protecting the lives and
health of employees and other persons preventing damage to or theft or loss of
property, materials, supplies, and equipment; and avoiding Work interruptions. For
these purposes, the Contractor shall- Provide appropriate safety barricades, signs,
and signal lights.
Comply with the standards issued by any statutory bodies having jurisdiction over
occupational health and safety and Ensure that any additional measures as required
by the Engineer-in-Charge for this purpose.
(B) Records.
The Contractor shall maintain an accurate record of exposure data on all accidents
taken place incidental to performance of Work(s) under this contract resulting in
death, traumatic injury, occupational disease, or damage to or theft / loss of
property, materials, supplies, or equipment. The Contractor shall report this data in
the manner prescribed by the Engineer-in-Charge.
(C) Sub-Contractors:
The Sub-Contractors shall be bound to comply with the clause in the same manner
as complied with by the Contractor. In the event of non-compliance by the Sub-
Contractor of such clause, the Contractor shall be responsible for compliance of the
Sub-Contractor.
(D) Written program:
Before commencing the Work, the Contractor shall submit to the Engineer-in-
Charge a written proposal for implementing this clause,
Hazardous Material Identification.
(A) Notification:

The Contractor shall notify the Engineer-in-Charge in writing of all hazardous material
5 days before delivery of the material. This obligation applies to all materials
delivered under this contract, which will involve exposure to hazardous materials
or items containing these materials.
(B) Responsibility of Contractor:
Neither the requirement of this clause nor any act or failure to act by the Owner shall
relieve the Contractor of any responsibility or liability for the safety of Owner,
Contractor, or Sub-Contractor’s personnel or property.
(C) Compliance with laws:
The Contractor shall comply with applicable laws, including the Public Liability
Insurance Act 1991, Fatal Accident Act 1855, codes, ordinances, and regulations
(Including the obtaining of licenses and permits) in connection with hazardous
materials. Contractor shall pay fees and other expenses for obtaining such
permission or licenses.
(D) Sub-Contractors:
The Contractor shall insert these above clauses, relating to hazardous material, with
appropriate changes on entering into contracts or agreements with Sub-Contractors
and the sub-contractors shall be bound and be liable to comply with the same, and
in the event of non-compliance of the same, the Contractor shall be held liable for
damages or otherwise on the acts of the Sub-Contractor in this regard.
Protection of Property
Utilities and improvements:
1. The Contractor shall protect from damage and have all existing improvements and
utilities at or near the Work site and on adjacent property of a third party, the
locations of which are made known to or should be known by the Contractor. The
Contractor shall be liable to repair any damage caused to those facilities, including
those that are the property of a third party, resulting from failure to comply with the
requirements of this contract or failure to exercise reasonable care in performing the
Work. If the Contractor fails or refuses to repair the damage promptly, the Engineer-
in-Charge may have the necessary Work performed and charge the cost to the
Contractor or reduce such amounts from the bills of the Contractor due and payable
by the Owner.
2. Contractor shall be required to work within specified areas and they shall be
allowed to use only those areas around the works under their scope, for storage of
their materials, construction of site offices, erection of batching plant etc. at
predetermined locations as shown on the plans. The area so demarcated, shall be

barricaded in such a way that the construction activities or the moving vehicular
traffic involved in carriage of construction materials/ construction waste etc. do not
create interference with any other areas within the premises or activities of the
Institute or the activities of other contractor/s working within the premises.
1. The contractor shall provide suitable barricading approximately 2.0 m high, with
suitably painted with three rows of G.I. Sheets about 2’-6” to 3’- 0” wide (75 cms to
90 cms.) nailed or bolted with wooden poles spaced 2 to 3 meter apart and each pole
1.6 m to 2 m long 8 cm. to 10 cm. dia. The poles will be embedded in mobile iron
pedestal rings suitably framed for giving stable support as per direction of the
Engineer-in-charge. All management (including watch and ward) of barricades shall
be the full responsibility of the contractor. The barricades shall be removed only
after completion of the work or part of the work. The contractor’s rate shall include
all above items of work and nothing extra shall be paid to the contractor over and
above his quoted rates.
2. The positioning of barricading will be reviewed from time to time and necessary
shifting barricading as directed by Engineer - in – charges shall be done forthwith by
the contractor. Payment of initial erection of barricading and the shifting thereof at
a later date as per requirement shall be made under relevant tender items
Watchmen and Security
The Contractor shall provide sufficient personnel and materials to provide adequate
protection to his property and personnel at the site, in transit and stored goods/materials
including but not limited to measures specifically required by and under the Contract
Documents and any security requirements under this contract.
Corrective Action
(A) Authority to Stop Work:
The Engineer-in-Charge shall notify the Contractor of any non-compliance with the
safety and property protection measures as required under this contract of which
the Engineer-in-Charge becomes aware and of the corrective action required. This
notice, when delivered to the Contractor or the Contractor’s authorized
representative at the site of the Work shall be deemed sufficient notice of non-
compliance and corrective action required. After receiving the notice, the Contractor
shall immediately take necessary steps to correct the action. If the Contractor fails or
refuses to take corrective action promptly, the Engineer-in-Charge shall at his
discretion after due consultation with the Owner may issue an order stopping all or
part of the Work(s) until satisfactory corrective action has been taken. The
Contractor shall not base any claim or request for equitable adjustment for
additional time or money on any stop Work order issued under these circumstances.
(B) Rectification:

The Contractor shall be solely responsible to make good at his cost any damage to
the Works, property of the Owner and/or any adjacent property, to the satisfaction
of the Engineer-in-Charge. In case the contractor fails to do so within a reasonable
time the Engineer-in-Charge shall get the same executed at the risk & cost of the
contractor & deduct the same from his due payments.
CLAUSE.5.7. Site Security:
The Contractor shall be deemed to be in possession of the Works site and shall be
responsible for its total security, and shall ensure that all materials, sheds, equipment,
plant, tools, etc; whether his own or belonging to any Sub-Contractor, are well protected.
(A) The Contractor shall at his own cost install and maintain sufficient security fences
and gates and employ full time round-the-clock security personnel to prevent the
Works site from and against the intrusion of the public or any other unauthorized
persons or vehicles.
(B) Total security of the site, property, and materials shall be the sole responsibility of
the Contractor. The presence of his consultants representatives, or the IIMU’s
security personnel shall in no way relieve or absolve the Contractor of his
responsibilities in ensuring the security and protection of the site and everything
stored or lying thereon
CLAUSE.5.8. Warranty/Guarantee
The Contractor shall be responsible for the proper performance of the Work(s), including
installations and systems, as specified under the Contract Documents.
Subject to Clause the Contractor shall, at his own cost and in the shortest possible time,
repair and remove any defect or deficiency in the Works, which may appear prior to or
during the defect liability period, to the satisfaction of the Engineer-in-Charge.
A guarantee will be given by the Contractor for the complete installation of the Works
including its functioning, replacement of parts etc. as specified under the Contract
Documents.
All the Guarantees referred above shall commence from the date of Completion
Certificate.
CLAUSE.5.9. Contractor’s Responsibilities and Work Control

The Contractor shall have complete control of the Works and shall effectively and
diligently control, direct and supervise his employees, supervisors, subordinates and
Sub-Contractor(s) so as to ensure timely completion of the Works in order and in

conformity with the Contract Documents. It shall be the sole responsibility of the
Contractor for construction means, methods, techniques, sequences and procedures, and
for coordinating the various parts of the Work, whether carried out by the Contractor or
any Sub-Contractor.
The Contractor shall provide adequate, qualified and experienced personnel for the
proper superintendence and execution of the Works until completion. The category and
strength of such personnel shall be determined by the Engineer-in-Charge, and such
approved site organization strength shall be maintained by the Contractor at all times
until completion of Work(s), and also during defects liability period and as may be
decided by the Engineer-in-Charge.
The Contractor shall be responsible for the design, erection, operation, maintenance and
removal of temporary structures and other facilities at his own cost during completion of
the Works. Any approval sought, given or implied, regarding sufficiency, stability and
safety of temporary staging and facilities, shall in any way not relieve the Contractor of
his responsibility.
(A) The Contractor shall study all Contract Documents and promptly report to the
Engineer-in-Charge any non-conformity, discrepancy, inconsistency or omission he
may discover in the same. In the event of such discovery, the Contractor shall not
proceed with the affected Works until he has received due corrections and
clearances from the Engineer-in-Charge.
(B) The Contractor shall be deemed to have thoroughly studied and satisfied himself
regarding Contract Documents and particularly all drawings before
commencement of the Work(s). Should any discrepancy or error be discovered
during execution of parts of the Work(s) necessitating demolition, repairs or
reconstruction, all such remedial measures shall be carried out only with the
approval of the Engineer-in-Charge and entirely at the cost of the Contractor. In
such an event the Contractor shall neither claim any extra payment nor any
extension of time for any delay caused by virtue of such demolition, repairs and
reconstruction.
Any instructions given to the Contractor’s supervisory staff by the Engineer-in-
Charge shall be deemed to have been given to the Contractor. Instructions that
involve any variations in design or specifications and which may have a bearing on
time and cost shall be through a written Change Order by the Engineer-in-Charge
and at rates agreed in writing prior to implementation
The Contractor shall at his own cost, obtain any permits or authorizations
necessary for the execution of the Work and obtaining any permits or approvals for
the works executed by him, from all concerned statutory and Owner

Authorities/Authority’s, including but not limited to Municipal bodies, Electrical
Authority, Fire Service Authorities etc,
The Contractor shall not be entitled to claim additional sums on account of having
to work overtime in order to complete an operation that cannot be interrupted, for
working in extended shifts / night shifts /holidays.
In the event the Contractor chooses to work overtime, in extended night shifts as
and by way of overtime either by working extended/night shifts or morning or
holidays in order to complete the Work(s) within the specified period or on
holidays, he shall do so by obtaining prior written approval from the Engineer-in-
Charge at least twenty-four hours in advance. The Contractor moreover shall
ensure that in any of the above circumstances he maintains the full-agreed strength
of his supervisory staff.
The Contractor shall take all necessary precautions to protect the site and Works,
materials, plant and equipment, whether his own or belonging to the Owner or any
Sub-Contractors, against hazards of fire, rains, floods, landslides, underground
water, accidents, etc.
The Contractor shall not be permitted to replace nor remove his Project
Manager/Project Engineer / Site Engineer etc. from the site without the prior
written approval of the Engineer-in-Charge.
Submittals
(C) “Shop drawings” means those drawings or other documents, which are specifically
prepared by or on behalf of the Contractor to illustrate details of construction for the
purpose of fabrication or installation and are submitted to the Owner to indicate the
Contractor’s intended method of achieving the end result required by the Contract
Drawings and Specifications.
(D) “Project data” includes standard drawings, diagrams, layouts, schematics,
descriptive literature, illustrations, schedules, performance and test data, and
similar materials furnished by the Contractor to explain in detail specific portions of
the Work required by the. Contract.
(E) “Samples” are physical examples, which illustrate materials, equipment or
workmanship and establish standards by which the Work will be judged.
(F) “Other submittals” includes progress schedules, setting drawings, testing and
inspection reports, and other information required by the Contract Documents to be
submitted by the Contractor for information or approval by the Owner.
Schedules of Submittals
Promptly after contract award the Contractor shall submit to the Engineer-in-Charge the
submittal schedule showing when shop drawings, product data, samples and other

submittals required by and under the Tender Documents would be submitted for the
approval of the Engineer-in-Charge.
Review and approval of submittals by Contractor
The Contractor shall co-ordinate and compile all submittals required by and under the
Contract Documents, and thoroughly check them for accuracy, completeness, and
compliance in accordance with contract requirements and shall indicate his approval
thereon in the form required by the Contract Documents as evidence of such co-
ordination and checking. Submittals to the Engineer-in-Charge without the approval of
the Contractor shall be returned by the Engineer-in-Charge for resubmission. Submission
of shop drawings, product data or samples shall constitute a representation that the
Contractor has agreed to, asserted and guaranteed that the assemblies, products or
materials indicated therein will be available in a timely manner and in the quantities
required for the project as set out under the Contract Documents.
Submission
All submittals shall be in English language, and any system of dimensions (i.e.; English or
metric) shown shall be consistent with that used in the Contract Documents. The
Contractor shall submit all Submittals in the form and number required by the Contract
Documents within required time limits and sufficiently in advance of construction
requirements to permit adequate review by the Owner for correction, approval and
resubmission if required. No extension of time shall be allowed on account of any delay
by the Owner in approving such submittals, if the Contractor has failed to act promptly
and responsively in making his submissions. Each submittal shall be identified as
required by the Contract Documents.
Action on Submittals
The Engineer-in-Charge will indicate an approval or disapproval of the Submittals for and
on behalf of the Owner requiring approval by the Owner and if not approved as
submitted shall indicate the Owner’s reasons thereof. Approval by the Engineer-in-Charge
shall not relieve the Contractor from responsibility for any errors or omissions in his
submittals, nor from responsibility for complying with the requirements of this contract,
except with respect to variations described by the Contractor and approved in accordance
with "Variations in Submittals" Clause. The approval of the Engineer-in-Charge on the
submittals will be for general compliance with the intent of the Contract Documents and
with the information given therein, and shall not be construed
(A) As permitting any departure from the contract requirements
(B) As relieving the Contractor of responsibilities for any error including details,
dimensions, materials, etc and

(C) As approving departures from details appearing on Contract ‘Drawings and
Specifications.
Where approval of Submittals is required, the Contractor shall perform the Work in
accordance with such approved Submittals. Any Work performed by the Contractor prior
to such approval by the Engineer-in-Charge shall be at the sole risk and liability of the
Contractor.
Variation in Submittals
If Submittals contain any variations from the contract requirements, other than those
requested on previous submittals, the Contractor shall specifically describe such
variations in writing and the reasons thereof to the Engineer-in-Charge. If the approval of
any such variation affects the Contract Price or the Completion time of the Contract, the
Engineer-in-Charge shall issue an appropriate Contract modification. Otherwise, the
variation may be approved by the Engineer-in-Charge, only by specific reference thereto
in writing. The Contractor shall not be entitled to rely on general approval of a submittal
as an approval of variations of requirements of the Contractor. If the Contractor fails to
describe such variations and shall not be relieved from the responsibilities of executing
the Work in accordance with the contract, notwithstanding a general approval of such
submittals. Nothing contained herein shall relieve the Contractor of the responsibility of
notifying the Engineer-in-Charge of any part of the Contract Drawings or Specifications,
which the Contractor knows or reasonably should have known which could result in
defects under construction.
Use of submittals
The Owner may duplicate, use, and disclose in any manner and for any purpose shop
drawings, product data and other submittals delivered under this contract.
Placement of Orders
The Contractor shall place orders for items requiring a sample or product data submittal
promptly after receiving the written approval of the submittal by the Engineer-in-Charge.
No such materials or products shall be ordered or used in the Work until such written
approval by the Engineer-in-Charge has been given. In the event such materials or
products pre ordered or used in the Works without the written approval of the Engineer-
in-Charge, the same shall be at the risks, consequences, liability and costs of the
Contractor.
Use and testing of samples

(A) Use:
Approved samples not destroyed in testing will be sent to Engineer-in-Charge.
Those samples, which are in good condition, will be marked for identification and

may be used in the Works. Materials and equipment incorporated in the Work shall
match the approved samples within any specified tolerances. Other samples not
destroyed in testing nor approved will be returned to the Contractor at the expense
of the Contractor if so requested at the time of submission.
(B) Failure of samples to pass specified tests:
Failure of any material to pass the specified tests will be sufficient cause for refusal
to consider, under this contract, any further samples of the same brand or make of
that material or equipment which previously has proved unsatisfactory in service.
(C) Taking and testing of samples:
Samples of various materials or equipment delivered on the site or in place may be
taken by the Engineer-in-Charge for additional testing by the Owner outside of
those found not to have met contract requirements, unless the Engineer-in-Charge
determines it to be in the Owner’s interest to accept the non-conforming materials or
equipment with an appropriate adjustment of the Contract Price/Value as
determined by the Engineer-in-Charge.
(D) Cost of additional testing:
Unless otherwise specified, when additional tests are made, only one test of each set
of sample proposed for use will be made at the expense of the Contractor. Samples,
which do not meet contract requirements, will be rejected. Further testing of
additional samples, if required, will be made at the expense and costs of the
Contractor.
CLAUSE.5.10. Co-operation with other contractors/specialized agencies/sub-

contractors
5.10.1 The Contractor shall take all necessary precautions to prevent any nuisance or
inconvenience to the owners, tenants or occupants of the adjacent properties and to
the public in general .The Contractor shall take all care, as not to damage any other
adjacent property or other services running adjacent to the plot. If any damage is
done, the same shall be made good by the Contractor at his own cost and to the
entire satisfaction of the Engineer-in-Charge. The Contractor shall use such
methodology and equipment for execution of the work, so as to cause minimum
environmental pollution of any kind during construction, to have minimum
construction time and minimum inconvenience to road users and to the occupants
of the buildings on the adjacent plot and public in general, etc. He shall make good
at his own cost and to the entire satisfaction of the Engineer in Charge any damage
to roads, paths, cross drainage works or public or private property whatsoever
caused, due to the execution of the work or by traffic brought thereon, by the
Contractor. Further, the Contractor shall take all precautions to attendee by the
environmental related restrictions imposed by Govt. of Rajasthan as well as prevent

any pollution of streams, ravines, river bed and waterways. All waste or
superfluous materials shall be transported by the Contractor, entirely to the
satisfaction of the Engineer-in-Charge. Utmost care shall be taken to keep the noise
level to the barest minimum so that no disturbance as far as possible is caused to the
occupants / users of adjoining buildings. No claim what so ever on account of site
constraints mentioned above or any other site constraints, inadequate availability of
skilled, semi-skilled or unskilled workers in the near vicinity, non-availability of
construction machinery spare parts and any other constraints not specifically stated
here, shall be entertained from the Contractor. Therefore, the Tenderers are
advised to visit site and get first-hand information of site constraints.
Accordingly, they should quote their tenders. Nothing extra shall be payable on this
account.
5.10.2 The Contractor shall cooperate with and provide the facilities to the sub-
Contractors and other agencies working at site for smooth execution of the work.
The contractor shall indemnify the Owner against any claim(s) arising out of such
disputes. The Contractor shall:
(i) Allow use of scaffolding, toilets, sheds etc.
(ii) Properly co-ordinate their work with the work of other Contractors.
(iii) Provide control lines and benchmarks to his Sub-Contractors and the other
Contractors.
(iv) Provide electricity and water at mutually agreed rates.
(v) Provide hoist and crane facilities for lifting material at mutually agreed rates.
(vi) Co-ordinate with other Contractors for leaving inserts, making chases,
alignment of services etc. at site.
(vii) Adjust work schedule and site activities in consultation with the Engineer-in-
Charge and other Contractors to suit the overall schedule completion.
(viii) Resolve the disputes with other Contractors/ sub-contractors amicably and the
Engineer-in-Charge shall not be made intermediary or arbitrator.
5.10.3 The work should be planned in a systematic manner so as to ensure proper co-
ordination of various disciplines.
5.10.4 The contractor shall conduct his work, so as not to interfere with or hinder the
progress or completion of the work being performed by other contractor(s) or by the
Engineer-In-Charge and shall as far as possible arrange his work and shall place and
dispose of the materials being used or removed so as not to interfere with the
operations of other contractor or he shall arrange his work with that of the others in
an acceptable and in a proper co -ordination manner and shall perform it in proper
sequence to the complete satisfaction of others.

CLAUSE.5.11. RATES
5.11.1 The rates quoted by the Contractor are deemed to be inclusive of site clearance,
setting out work, profile, setting lay out on ground, establishment of reference
bench mark(s), installing various signage, taking spot levels, survey with total
station, construction of all safety and protection devices, compulsory use of helmet
and safety shoes, and other appropriate safety gadgets by workers, imparting
continuous training for all the workers, barriers, preparatory works, construction of
clean, hygienic and well ventilated workers housings in sufficient numbers as per
drawing supplied by Engineer in charge, working during monsoon or odd season,
working beyond normal hours, working at all depths, height, lead, lift, levels and
location etc. and any other unforeseen but essential incidental works required to
complete this work. Nothing extra shall be payable on this account and no extension
of time for completion of work shall be granted on these accounts.
5.11.2 The rates quoted by the tenderer, shall be firm and inclusive of all taxes and
levies as applicable.
5.11.3 No foreign exchange shall be made available by the Owner for importing
(purchase) of equipment, plants, machinery, materials of any kind or any other
items required to be carried out during execution of the work. No delay and no
claim of any kind shall be entertained from the Contractor, on account of variation
in the foreign exchange rate.
5.11.4 All ancillary and incidental facilities required for execution of work like labour
camp, stores, fabrication yard, offices for Contractor, watch and ward, temporary
ramp required to be made for working at the basement level, temporary structure
for plants and machineries, water storage tanks, installation and consumption
charges of temporary electricity, telephone, water etc. required for execution of the
work, liaison and pursuing for obtaining various No Objection Certificates,
completion certificates from local bodies etc., protection works, testing facilities /
Laboratory at site of work, facilities for all field tests and for taking samples etc.
during execution or any other activity which is necessary (for execution of work and
as directed by Engineer-in-Charge), shall be deemed to be included in rates quoted
by the Contractor, for various items in the schedule of quantities. Nothing extra
shall be payable on these accounts. Before start of the work, the Contractor shall
submit to the Engineer-in-Charge, a site / construction yard layout, specifying areas
for construction, site office, positioning of machinery, material yard, cement and
other storage, steel fabrication yard, site Laboratory, water tank, etc.
5.11.5 For completing the work in time, the Contractor might be required to work in
two or more shifts (including night shifts). No claim whatsoever shall be entertained

on this account, not with-standing the fact that the Contractor may have to pay extra
amounts for any reason, to the Labourers and other staff engaged directly or
indirectly on the work according to the provisions of the labour and other statutory
bodies regulations and the agreement entered upon by the Contractor with them.
5.11.6 All material shall only be brought at site as per program finalized with the
Engineer-in-Charge. Any pre-delivery of the material not required for immediate
consumption shall not be accepted and thus not paid for.
5.11.7 Rate shall including of Liaison work required, if any, in this regard with the local
bodies. Nothing extra shall be payable on this account. Statutory charges, fees etc.
required to be paid to the local bodies in this connection shall only be payable by the
Owner or shall be reimbursable to the contractor on production of proof of actual
payment made by him.
CLAUSE.5.12. Inspection and rectification of Works

Access:
The Owner and their authorized agents and representatives shall at all times have access
to the site and other locations where parts of the Work are under preparation.
Contractor tests:
The Contractor shall notify the Engineer-in-Charge well in advance, of tests and
inspections to be carried out, and shall obtain his written approval wherever so stipulated
before proceeding with the Works.
Inspections:
The Contractor shall maintain an adequate inspection system and perform such
inspections from time to time as will ensure that the Work called for by this contract
conforms to contract requirements and does not result in any deviation. The Contractor
shall maintain complete inspection records and make them available to the Owner. All
Work shall be conducted under the general direction of the Contractor and is subject to
Owner’s inspection and test at all places and at all reasonable times before final
completion and acceptance with a view to ensure strict compliance with the terms and
conditions of the contract.
Owner’s inspections and tests:
Inspections and tests conducted by or on behalf of the Owner are for the sole benefit of the
Owner and do not:-
(A) Relieve the Contractor of responsibility for providing adequate quality control
measures,

(B) Relieve the Contractor of responsibility for damage to or loss of the material before
final completion and acceptance of the Work;
(C) Constitute or imply acceptance. Or.
(D) Affect the continuing rights of the Owner after acceptance of completed Work.
Owner inspectors:
The presence or absence of a Owner’s inspector does not relieve the Contractor from any
of the obligations under the contract nor is the inspector authorized to change any term or
condition of the contract.
Performance of inspections and tests:
The Contractor shall promptly furnish, without an additional charge all facilities, labour,
and material reasonably needed for performing such safe and convenient inspections and
tests as may be required by the Engineer-in-Charge as per the terms of the Contract. The
Owner may charge to the Contractor any additional cost of inspection or testing when
work is not ready at the time specified by the Contractor for inspection or testing, when
prior rejection makes re inspection or retesting necessary. The Owner shall perform all its
inspections and tests in a manner that will not unnecessarily delay the work. Special, full
size, and performance tests shall be performed as described in the Contract Documents.
The Contractor shall be solely responsible for the protection of all finished surfaces and
Works so as to avoid any repairs and shall deliver to the Owner upon final completion the
Works free of any blemish, defect or damage.
5.12.1 In addition to the provisions of relevant clauses of the contract, the work shall
also be open to inspection by the other agency as and when required by IIMU in
addition of the Engineer-in-charge and his authorized representative. The
contractor shall at times during the usual working hours and at all times at which
reasonable notices of the intention of the Engineer-in-charge to visit the works
shall have been given to the contractor, either himself be present to receive the
orders and instructions or have a responsible representative duly accredited in
writing, to be present for that purpose.
5.12.2 Inspection of the work by Design consultants appointed by the IIMU.
(i) The design consultant appointed by IIMU shall be inspecting the works frequently
to ensure that the works are in general being executed according to the design,
drawings and specifications laid down in the contract.
(ii) The design consultant appointed by IIMU shall certify on completion of particular
building that it has been constructed according to the approved drawings design
and specifications.

CLAUSE.5.13. Rejected Work
The Design Consultant and/or Engineer-in-Charge/or Owner shall be authorized to reject
any Work, which in their/his opinion is not in conformity to the specifications set out in
the Contract Documents. The decision of the Design Consultant /Engineer-in-Charge in
this regard shall be final and binding on the Contractor.
Defective Work whether caused due to poor workmanship, use of sub-standard materials,
or on account of damage or for any other reason whatsoever, whether caused by the
Contractor and/or the Sub-Contractor may be rejected by the Design
Consultant/Engineer-in-Charge and shall be demolished by the Contractor and removed
promptly from the site and replaced or re-executed expeditiously by the Contractor at his
own cost. The Owner, Design Consultant and the Engineer-in-Charge shall in no event be
responsible to bear any costs/liability arising on account of such defective workmanship.
If in the opinion of the Engineer-in-Charge/ Design Consultant, it is not expedient nor
feasible to correct the defective Work, the Owner shall be entitled to deduct from monies
due to the Contractor, the difference in value between the executed Work and that
required under the Contract, such amount of which shall be determined by the Engineer-
in-Charge in due consultation with the Owner.
CLAUSE.5.14. Limit of price Adjustment

Provided that, in determining all such price adjustment in accordance with the aforesaid
sub-clauses:
(A) No account will be taken of any amount by which any cost incurred by the
contractor has been increased by default or negligence of the contractor.
(B) If the contractor fails to complete the work within time for completion, increase
or decrease of cost of specified materials shall be made using either the indices
or prices relating to prescribed time for completion, or the current indices or
prices, relating to prescribed time for completion, or the current indices or
prices, whichever is more favorable to the Owner, provided that if an extension
of time is granted, the above position shall apply to the adjustment made after
expiry of such extension of time.
(C) On completion of the works and before final payment the contractor shall give a
certificate that he has made full and complete disclosure to the Engineer-in-
Charge of every increase or decrease in price obtained by him on materials
affected by this clause.
CLAUSE.5.15. Exemption from price Adjustment
The following items shall not be included in the price adjustment calculation:
(A) Liquidated damages:

(B) Retention withheld and released:
(C) Advance payments in the form of loans and their repayments:
(D) The value of any additional or varied work valued at current prices:
CLAUSE.5.16. SPECIFICATIONS
In the case of any class of work for which there is no such specifications as referred to in
detailed specification, such work shall be carried out in accordance with the Bureau of
Indian Standards Specifications. In case there are no such specifications in Bureau of
Indian Standards, the work shall be carried out as per manufacturers’ specifications, if not
available then as per C.P.W.D./District/ state P.W.D. / Specifications. In case there are no
such specifications as required above, the work shall be carried out in all respects in
accordance with the instructions and requirements of the Engineer-in-Charge.
Specifications for a type of work are not covered by the detailed specifications/State
P.W.D. specifications/I.S.I specifications or particular specifications, the same shall be
decided by the engineer-in-charge and shall be binding on the contractor.
The engineer-in-charge shall have the power to insist upon the contractor to purchase and
use such materials of particular approved make which may in this opinion be necessary
for proper and reasonable compliance with the specifications and execution of work.
In the event of any variation/discrepancy in the drawings, specification and tender
documents, the decision of the Engineer In charge shall be final, binding and conclusive
on the contractor.
(A) As required by the Engineer-in-charge, the contractor shall provide all facilities at site
or at manufactures work or an approved Laboratory for testing of materials and/or workmanship,
all the expenditure in respect of this shall be borne by the contractor unless specified otherwise in
the contract. The contractor shall when required to do so by the engineer-in-charge submit that the
materials have been tested in accordance with requirements of the specifications.
(B) Neither the confirmation by the engineer-in-charge not to test the materials nor the
production of manufacturer(s) certificate etc. as aforesaid shall affect the right of the engineer-in-
charge to reject, after delivery; the materials found not in accordance with the specifications.
CLAUSE.5.17. SETTING OUT
The Contractor shall be entirely and exclusively responsible for the horizontal, vertical
and other alignments, the level and correctness of every part of the work and shall rectify
effectively any errors or imperfections therein. Such rectifications shall be carried out by
the Contractor at his own cost to the entire satisfaction of the Engineer-in-Charge.

The rates quoted by the Contractor are deemed to be inclusive of site clearance, setting out
work (including marking of reference points, center lines of buildings), construction and
maintenance of reference bench mark(s), taking spot levels, construction of all safety and
protection devices, barriers, barricading, signage, labour safety, labour welfare and labour
training measures, preparatory works, working during monsoon, working at all depths,
height and location etc. and any other incidental works like making temporary
approaches to the place of work required to complete this work. Nothing extra shall be
payable on this account.
CLAUSE.5.18. Contractor shall submit fabrication/ shop drawings for obtaining

approval
The contractor shall submit fabrication drawing based on GA drawings and design
parameters given by the Design Consultants, in triplicate for obtaining preliminary
approval of the Engineer-in-Charge for all design drawing of structural steel element
already issued to him. One copy of this drawing duly corrected and signed wherever
necessary by Design Consultants will be returned to the contractor for preparing and
resubmitting drawing after incorporating the said corrections again in triplicate for final
approval. Along with the completion and approval of each fabrication drawing the
contractor shall also submit the materials list for checking and approval to the Engineer-
in-charge. No drawing shall be approved finally without material list. Once the drawing,
if finally approved no request for any alternative section will be entertained. The
contractor shall submit to Engineer in Charge 6 copies of all approved drawings out of
which 3 copies will be issued back to the contractor for the execution of work. The
contractor shall also submit copies of design calculations for the designs of joints. All
joints shall be designed for full strength of members, unless otherwise specified. Approval
of fabrication drawings however will not absolve the contractor of his responsibility for
the safety and correctness of the fabrication.
CLAUSE.5.19. QUALITY ASSURANCE
5.19.1 The proposed project is a prestigious project and quality of work is of paramount
importance. Contractor shall have to engage well-experienced skilled labour and
deploy modern T&P and other equipment to execute the work.
5.19.2 The contractor shall ensure quality construction in a planned and time bound
manner. Any sub-standard material / work beyond set out tolerance limit shall
be summarily rejected by the Engineer-in-charge & contractor shall be bound to
replace / remove such sub-standard / defective work immediately. If any
material, even though approved by Engineer-In-Charge is found defective or not
conforming to specifications shall be replaced / removed by the contractor at his
own risk & cost.

In addition to the supervision of work by project management consultants, the
design consultants appointed by the IIMU shall also be carrying out regular and
periodic inspection of the ongoing activities in the work and deficiencies,
shortcomings, inferior workmanship pointed out by them shall be communicated
by engineer in charge to the contractor. Upon receipt of instructions from
Engineer in Charge these are also to be made good by necessary
improvement, rectification, replacement up to his complete satisfaction. Special
attention shall be paid towards line and level of internal and external finishing,
and windows, thinnest joints in cladding work, etc to achieve an Institution of
International standards and up keeping of quality assurance shall be of
paramount importance, as such.
5.19.3 The Contractor shall submit, within 10 days after the date of award of work, a
detailed and complete method statement for the execution, testing and Quality
Assurance, of such items of works, as directed by the Engineer-in-Charge. All the
materials to be used in the work, to give the finished work complete in all
respects, shall comply with the requirements of the
Specifications and shall pass all the tests required as per specifications as
applicable or such specifications / standards as directed by the Engineer-in-
Charge. However, keeping the Quality Assurance in mind, the Contractor shall
submit, on request from the Engineer-in- Charge, his own Quality Assurance
procedures for basic materials and such items, to be followed during the
execution of the work, for approval of the Engineer-in-Charge.
5.19.4 The Contractor shall procure and provide all the materials from the
manufacturers / suppliers as per the list attached with the tender documents, as
per the item description and particular specifications for the work. The
equivalent brand for any item shall be permitted to be used in the work, only
when the specified make is not available. This is, however, subject to
documentary evidence produced by the contactor for non-availability of the
brand specified and also subject to independent verification by the Engineer-in-
Charge. In exceptional cases, where such approval is required, the decision of
Engineer-in-Charge as regards equivalent make of the material shall be final and
binding on the Contractor. No claim, whatsoever, of any kind shall be entertained
from the Contractor on this account. Nothing extra shall be payable on this
account. Also, the material shall be procured only after written approval of the
Engineer-in-Charge. All materials shall be got checked by the Engineer-in-Charge
or his authorized supervisory staff on receipt of the same at site before use.

5.19.5 The tests, as necessary, shall be conducted in the Laboratory approved by the
Engineer–in- Charge. The samples shall be taken for carrying out all or any of the
tests stipulated in the particular specifications and as directed by the Engineer-in-
Charge or his authorized representative.
5.19.6 The Contractor shall at his own risk and cost make all arrangements and shall
provide all such facilities including material and labour, the Engineer-in-Charge
may require for collecting, preparing, forwarding the required number of
samples for testing as per the frequency of test stipulated in the contract
specifications or as considered necessary by the engineer-in-Charge, at such time
and to such places, as directed by the Engineer-in- Charge. Nothing extra shall be
payable for the above.
5.19.7 The Contractor or his authorized representative shall associate in collection,

preparation, forwarding and testing of such samples. In case he or his authorized
representative is not present or does not associate him, the result of such tests
and consequences thereon shall be binding on the Contractor .The Contractor or
his authorized representative shall remain in contact with the Engineer-in–
Charge or his authorized representative associated for all such operations. No
claim of payment or claim of any other kind, whatsoever, shall be entertained
from the Contractor.
5.19.8 All the hidden items such as water supply lines, drainage pipes, conduits, sewers
etc. are to be properly tested as per the design conditions before covering and
their measurements in computerized measurement book duly test checked shall
be deposited with Engineer in charge or his authorized representative, prior to
hiding these items.
5.19.9 The contractor shall give performance test of the entire installation(s) as per the
standing specifications before the work is finally accepted and nothing extra
whatsoever shall be payable to the contractor for the test.
5.19.10 The Contractor shall maintain all the work in good condition till the completion
of entire work. The Contractor shall be responsible for and shall make good, all
damages and repairs, rendered necessary due to fire, rain, traffic, floods or any
other causes. The Engineer-in- Charge shall not be responsible for any claims for
injuries to person/workmen or for structural damage to property happening
from any neglect, default, want of proper care or misconduct on the part of the
Contractor or of any other of his representatives, in his employment during the

execution of the work. The compensation, if any, shall be paid directly to the
Department / authority / persons concerned, by the Contractor at his own cost.
5.19.11 Defects Liability Period:
1. Defects liability period shall be taken as 12months from the date of completion of
the works as a whole (as defined in the contract agreement) wherein all the defects
shall be rectified by the contractor at his own cost.
CLAUSE.5.20. Special Conditions – Facade Works

a. The Contractor shall prepare shop drawings (SD) based on initial set of
working drawings provided by the DESIGN CONSULTANT. The Contractor
shall furnish to the Client/PMC's Representative, for the approval of the
Architect/Consultant, three sets of SD and after getting approval five sets of
approved shop drawings shall be submitted. SD shall be prepared in
AutoCAD format.
b. Shop Drawings shall be submitted by the Contractor for approval at least two
(2) weeks in advance of planned material order or Main Works and/or each
of the Provisional Works Packages, as the case may be, execution to allow the
Project Manager/ Architect /Consultant /DESIGN CONSULTANT's
Representative ample time for scrutiny. No claims for extension of time shall
be entertained because of any delay in the Main Works and/or each of the
Provisional Works Packages, as the case may be, due to Contractor's failure to
produce Shop Drawings at the right time, in accordance with the Approved
Program issued by the Client/PMC's Representative.
c. Samples of all the materials so specified in the Bill of Quantities and/or by

the Project Manager/DESIGN CONSULTANT's shall be submitted to the
Project Manager/DESIGN CONSULTANT's prior to their procurement.
These shall be submitted in triplicate for approval and retention by Project
Manager/DESIGN CONSULTANT's and PMC and shall be kept in PMC's
Site office for reference and verification till the completion of the entire
Project.
d. Manufacturer’s drawings, catalogues, pamphlets, equipment characteristics

data, performance charts and other documents submitted for approval shall
be in four sets. Each item in each set shall be properly labeled, indicating the
specific services for which material or equipment is to be used, giving
reference to the governing section and clause number and clearly identifying
in ink the items and the operating characteristics. Data of general nature shall
not be accepted.
e. Approval of Shop Drawings shall not be considered as a guarantee of

measurements or of building dimensions. Where Drawings are approved,
said approval does not mean that the Drawings supersede the Contract

requirements, nor does it in any way relieve the Contractor of the
responsibility or requirement to furnish material and perform work as
required by the Contract.
f. Where the Main Works and/or each of the Provisional Works Packages, as
the case may be, have to be installed in close proximity to, or shall interfere
with work of other trades, the Contractor shall assist in working out space
conditions to make a satisfactory adjustment. If so directed by the Project
Manager/DESIGN CONSULTANT, the Contractor shall prepare composite
working drawings and sections at a suitable scale not less than 1:50, clearly
showing how the Main Works and/or each of the Provisional Works
Packages, as the case may be, are to be installed in relation to the work of
other trades. If the Contractor installs its Main Works and/or each of the
Provisional Works Packages, as the case may be, before coordinating with
other trades, or so as to cause any interference with work of other trades, the
Contractor shall make all the necessary changes without extra cost to the
Institute.
g. Within two (2) weeks of approval of all the relevant Shop Drawings, the
Contractor shall submit four copies of any comprehensive variation in
contracted quantities/amount provided in the Bill of Quantities to the Project
Manager/PMC. The Contractor shall make recommendation to Project
Manager/PMC for acceptance of anticipated variation in contracted
quantities/amounts mentioned in the Bill of Quantities, if required.
19. GCC Clause 22.4
At the completion of work and before issuance of certificate of virtual completion

the contractor shall submit to Owner/ PMC, three sets of layout drawing drawn at
appropriate scale indicating the complete system “as installed”. These drawings
must provide (in plan, folded elevation and section) in hard and soft copy.
1. As built drawings with location and specification details of all type of glazing
approved by Consultant and Architect – hard & soft copies.
2. Detailed Glazing system data with glass specification and codes.
3. Warranty for all glazing system
4. Test certificates of all field and factory test.
5. Preventive maintenance schedule
6. List of recommended spares and consumables.
7. Manufacturers’ certificate for proper installation as per manufacturer’s
installation manual.
8. Contact list for rectifications works required during the Warranty Period
9. Such other documents as the Project Manager may specify.

SECTION 6
ADDITIONAL CONDITIONS FOR GREEN

BUILDING PRACTICES

6.1 The campus is proposed to be registered for obtaining GRIHA LD Rating from
GRIHA Secretariat under MNRE scheme. The contractor is required to execute the work
in a befitting manner to obtain the targeted GRIHA rating by Owner.
6.2 Special conditions for GRIHA rating:-
6.2.1 The contractor shall prepare scheme for the approval of Engineer-in-charge for
obtaining GRIHA rating in the criteria relevant to the execution of work.
6.2.2 The contractor shall plan and execute the work in a manner to preserve and protect
the landscape during construction and shall arrange the materials/equipment and follow
the procedure as per criterion 2 of the GRIHA rating as applicable.
6.2.3The contractor shall appoint/engage consultant/ consultancies to provide technical

guidance and supervise the work, pertaining to the criterion related to the execution of
work, so that it finally achieves the targeted GRIHA rating.
The contractor shall preserve the top soil layer for supporting vegetative growth as per the
guidelines given in chapter 4, Section 1, Part 10, NBC 2005.
The contractor shall comply with NBC norms on construction safety, health and sanitation
as per criterion.
The construction activity shall be done in a befitting manner and the contractor shall
adopt measures to prevent air pollution at site in compliance with criterion 9 of GRIHA
rating as applicable.
The contractor shall comply with all the instructions and schemes for execution of green
building.
Nothing shall be paid extra for fulfilment of all these conditions except for the items
existing in the schedule of quantities. For such items work done shall be paid on the basis
of the agreement rates.
6.3 Pre- construction stage
Construction Vehicles, Equipment and Machinery
All vehicles, equipment and machinery to be procured for construction shall conform to
the relevant Bureau of India Standard (BIS) norms.
Emission from the vehicles must conform to environmental norms.
Dust produced from the vehicular movement and other site activities is to be mitigated by
sprinkling of water. Noise limits for construction equipment shall not exceed 75 dB(A),
measured at one meter from the edge of the equipment in free area, as specified in the

Environment Protection Act,1986, schedule VI part E, as amended on 9th May,1993. The
maximum noise levels near the construction site should be limited to 65 dB (A) Leq (5
min) in project area. Contractor has to make a confined boundary to restrict construction
activities within it. Contractor to prepare the Construction waste management plan for
segregation, storage and safe disposal of construction waste for the approval of engineer
in charge.
6.4 Construction Stage
6.4.1 Construction Wastes Disposal
The pre-identified dump locations will be a part of solid waste management plan OR
construction waste management plan or safe handling, storage and recycling of
construction waste to be prepared by the Contractor in consultation with Engineer-in-
charge. Contractor needs to designate the area for construction waste storage. Inert and
hazardous waste should be collected and stored separately on site.
The other construction waste should be either reused on site or safely dispose them off to
designed agencies for recycling. The procedure of waste disposal either on-site reuse or
selling for recycling purpose should be documented by photographs / log books / receipt
copies and evidences needs to be submitted to the Engineer In charge. Contractor shall get
approved the location of disposal site prior to commencement of the excavation on any
section of the project location.
Contractor shall ensure that any spoils of material will not be disposed of in any
municipality solid waste collection bins.
6.4.2 Procurement of Construction Materials

All vehicles delivering construction materials to the site shall be covered to avoid spillage
of materials and maintain cleanliness of the roads.
Wheel Tires of all vehicles used by of the contractor, or any of his sub-contractor or
materials supplies shall be cleaned and washed clear of all dust/mud before leaving the
project premises. This shall be done by routing the vehicles through tire washing tracks.
Contractor shall arrange for regular water sprinkling at least twice a day (i.e. morning and
evening) for dust suppression of the construction sites and unpaved roads used by his
construction vehicles.
6.4.3 Water Pollution

NOT APPLICABLE

6.4.4 Air and Noise Pollution
Contractor shall ensure that all vehicles, equipment and machinery used for construction
are regularly maintained and confirm that emission levels comply with environmental
emission standards/norms.
For controlling the noise from Vehicles, Plants and Equipment, the Contractor shall
confirm the following:
All vehicles and equipment used in construction will be fitted with exhaust silencers.
Servicing of all construction vehicles and machinery will be done regularly and during
routine servicing operations, the effectiveness of exhaust silencers will be checked and if
found defective will be replaced.
Noise emission from compactors (rollers) front loaders, concrete mixers, cranes (movable),
vibrators and saws should be less than 75 dB(A).
As per the standards/guidelines for control of Noise Pollution from Stationary Diesel
Generator (DG) sets, noise emission in dB(A) from DG Set (15-500 KVA) should be less
than 94+10 log 10 (KVA). The standards also suggest construction of acoustic enclosure
around the DG Set and provision of proper exhaust muffler with insertion loss of
minimum 25 dB (A) as mandatory.
6.4.5 Personal Safety Measures for Labour

Contractor will provide the following items for safety of workers employed by contractor
and associate agencies:
Protective footwear and gloves to all workers employed for the work on mixing, cement,
lime mortars, concrete etc. and openings in water pipeline/sewer line.
Welder’s protective eye-shields to workers who are engaged in welding works.
Safety helmet and Safety harness/ belt.
6.5 The following provisions shall be maintained by the contractor at site:-

6.5.1 All the workers should be wearing helmet and shoes all the time on site.
Masks and gloves should be worn whenever and wherever required.
First aid facility should also be provided.
Overhead lifting of heavy materials should be avoided. Barrow wheel and hand-lift
boxes should be used to transport materials onsite.
Tobacco and cigarette smoking should be prohibited onsite.
All dangerous parts of machinery are well guarded and all precautions for working
on machinery are taken.

Maintain hoists and lifts, lifting machines, chains, ropes and other lifting tackles in
good condition.
Ensure that walking surfaces or boards at height are of sound construction and are
provided with safety rails and belts. Provide protective equipment such as helmets.
Provide measure to prevent fire. Fire extinguisher and buckets of sand to be
provided in fire-prone area and elsewhere.
Provide sufficient and suitable light for working during night.
Ensure that measures to protect workers from materials of construction,
transportation, storage and other dangers and health hazards are taken.
Ensure that the construction firm/division/company have sound safety policies.
Comply with the safety procedure, norms and guidelines (as applicable) as outlined
in NBC 2005 (BIS 2005c).
Adopt additional best particles and prescribed norms as in NBC 2005 (BIS 2005).
6.5.2 All material storages should be adequately covered and contained so that they are
not exposed to situations where winds on site could lead to dust/particulate
emissions.
6.5.3 Spills of dirt or dusty materials shall be cleaned up promptly so the spilled
material does not become a source of fugitive dust and also to prevent of seepage of
pollutant laden water into the ground aquifers. When cleaning up the spill, ensure
that the clean-up process does not generate additional dust. Similarly, liquid
wastes should be contained/cleaned up immediately before they can infiltrate into
the soil/ground or runoff in nearby areas.
6.6 The contractor shall ensure the following:

Cover and enclose the site by providing dust screen, sheeting or netting to scaffold along
the perimeter of a building.
Transferring, handling/storing dry loose materials like bulk cement and dry pulverized
fly ash inside a totally enclosed system.
Spills of dirt or dusty materials shall be cleaned up promptly so that the spilled material
does not become a source of fugitive dust and also to prevent seepage of pollutant laden
water into the ground aquifers. When cleaning up the spill, ensure that the clean-up
process does not generate additional dust. Similarly, spilled concrete slurries or liquid
wastes should be contained/cleaned up immediately before they can infiltrate into the
soil/ground or runoff in nearby areas.
ork will start right away.

6.6.1 Adopt measures to prevent air pollution in the vicinity of the site due to
construction activities. There is no standard reference for this. The best practices should be
followed (as adopted from international best practice documents and codes).
6.6.2 The contractor shall provide experienced personnel with suitable training to
ensure that these methods are implemented. Prior to the commencement of any
work, the method of working, plant equipment and air pollution control system to
be used on-site should be made available for the inspection and approval of the
Engineer-in-Charge to ensure that these are suitable for the project.
6.6.3 Employ measures to segregate the waste on-site into inert, chemical or hazardous
wastes. Recycle the unused chemical/hazardous wastes such as oil, paint, batteries
and asbestos. The inert waste is to be disposed of to Municipal Corporation/local
bodies dump yard and landfill sites.
6.7 Preserve and protect landscape during construction

6.7.1 NOT APPLICABLE
6.8 Any other site management measures suggested by the Engineer-in-charge / green
building consultant shall be followed on site.
6.9 The contractor shall submit to the Engineer-in-Charge after completion of the
works, a detailed as built quantification of the following:
Total materials used,
Total waste generated,
Total waste reused,
Total water used,
Total electricity consumed, and
Total diesel consumed.
6.10 Evidence for the implementation of the all the above required measures shall be
provided to the green building consultant in the form of photographs and templates
(as provided) which is required for the submission to the green building rating
authority (GRIHA).
6.11 Nothing extra shall be payable for above provisions unless otherwise specified in
Schedule of Quantities.

SECTION 7
SAFETY CODES AND RULES

1. Suitable scaffolds should be provided for workmen for all works that cannot safely
be donefrom the ground, or from solid construction except such short period work
as can be done safely from ladders. When a ladder is used, an extra mazdoor shall
be engaged for holding the ladder and if the ladder is used for carrying materials as
well suitable footholds and hand-hold shall be provided on the ladder and the
ladder shall be given an inclination not steeper than ¼ to 1(¼ horizontal and 1
vertical.)
2. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or
suspended from an overhead support or erected with stationary support shall have
a guardrail properly attached or bolted, braced and otherwise secured at least 90
cm. (3ft.) high above the floor or platform of such scaffolding or staging and
extending along the entire length of the outside and ends there of with only such
opening as may be necessary for the delivery of materials. Such scaffolding or
staging shall be so fastened as to prevent it from swaying from the building or
structure.
3. Working platforms, gangways and stairways should be so constructed that they
should not sag unduly or unequally, and if the height of the platform or the
gangway or the stairway is more than 3.6 m (12ft.) above ground level or floor level,
they should be closely boarded, should have adequate width and should be suitably
fastened as described in (2) above.
4. Every opening in the floor of a building or in a working platform shall be provided
with suitable means to prevent the fall of person or materials by providing suitable
fencing or railing whose minimum height shall be 90 cm. (3ft.)
5. Safe means of access shall be provided to all working platforms and other working
places.Every ladder shall be securely fixed. No portable single ladder shall be over
9m. (30ft.) inlength while the width between side rails in rung ladder shall in no
case be less than 29 cm.(11½") for ladder upto and including 3 m. (10 ft.) in length.
For longer ladders, this width should be increased at least ¼” for each additional 30
cm. (1 foot) of length. Uniform step spacing of not more than 30 cm shall be kept.
Adequate precautions shall be taken to prevent danger from electrical equipment.
No materials on any of the sites or work shall be so stacked or placed as to cause
danger or inconvenience to any person or the public. The contractor shall provide all
necessary fencing and lights to protect the public from accident and shall be bound
to bear the expenses of defence of every suit, action or other proceedings at law that
may be brought by any person for injury sustained owing to neglect of the above
precautions and to pay any damages and cost which may be awarded in any such
suit; action or proceedings to any such person or which may, with the consent of the
contractor, be paid to compensate any claim by any such person.

6. ) No electric cable or apparatus which is liable to be a source of danger or a
cable or apparatus used by the operator shall remain electrically charged.All
practical steps shall be taken to prevent danger to persons employed from risk of
fire or explosion or flooding. No floor, roof or other part of the building shall be so
overloaded with debris or materials as to render it unsafe.
7. All necessary personal safety equipment as considered adequate by the Engineer-in-
Charge 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:- The
following safety equipment shall invariably be provided.
a) Safety belt with rope should be provided to the workers. While working inside the
manholes, such rope should be handled by two men standing outside to enable
him to be pulled out during emergency.
b) The area should be barricaded or cordoned off by suitable means to avoid mishaps
of any kind. Proper warning signs should be displayed for the safety of the public
whenever cleaning works are undertaken during night or day.
g) No smoking or open flames shall be allowed near the blocked manhole being
cleaned.
8. Use of hoisting machines and tackle including their attachments, anchorage and
supports shall conform to the following standards or conditions :-
i) (a) These shall be of good mechanical construction, sound materials and adequate.
(b) Every rope used in hoisting or lowering materials or as a means of suspension
shall be of durable quality and adequate strength, and free from patent defects.
ii) Every crane driver or hoisting appliance operator, shall be properly qualified and
no person under the age of 21 years should be in charge of any hoisting machine
including any scaffolding winch or give signals to operator.
iii) In case of every hoisting machine and of every chain ring hook, shackle swivel 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. In case of a
hoisting machine having a variable safe working load each safe working load and
the condition 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.
iv) In case of machines, the safe working load shall be notified by the Electrical
Engineer deputed by the Engineer-in-Charge. As regards contractor’s machines
the contractors shall notify the safe working load of the machine to the Engineer-

in-Charge whenever he brings any machinery to site of work and get it verified by
the Electrical Engineer concerned.
9. Motors, gearing, transmission, electric wiring and other dangerous parts of
hoistingappliances should be provided with efficient safeguards. Hoisting
appliances should be provided with such means as will reduce to the minimum the
risk of accidental descent of the load. Adequate precautions should be taken to
reduce to the minimize the 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 worker should not wear any
rings, watches and carry keys or other materials which are good conductors of
electricity.
10. 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 at or near places of work.
11. 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.
12. 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
Engineer-in-Charge or their representatives.
13. WARNING/ CAUTION BOARDS: All temporary warning / caution boards /
glow signage display such as "Construction Work in Progress", "Keep Away", “No
Parking”, Diversions & protective Barricades etc. shall be provided and displayed
during day time by the Contractor, wherever required and as directed by the
Engineer-in-Charge. These glow signage and red lights shall be suitably illuminated
during night also. The Contractor shall be solely responsible for damage and accident
caused, if any, due to negligence on his part. Also he shall ensure that no hindrance,
as far as possible, is caused to general traffic during execution of the work. This
signage shall be dismantled & taken away by the Contractor after the completion of
work, only after approval of the Engineer – in – Charge. Nothing extra shall be
payable on this account.
14. No inflammable materials including P.O.L shall be allowed to be stored in huge
quantity at site. Only limited quantity of P.O.L may be allowed to be stored at site
subject to the compliance of all rules / instructions issued by the relevant authorities
and as per the direction of Engineer -in- Charge in this regard. Also all precautions
and safety measures shall be taken by the Contractor for safe handling of the P.O.L

products stored at site. All consequences on account of unsafe handling of P.O.L
shall be borne by the Contractor.
18. The PMC of the project has prepared an EHS manual and exhaustive process and
guidelines for the EHS implementation plan at site. The documents and the manual
containing these process and guidelines are enclosed separately with the tender
documents as “EHS Manual”. Contractors are expected to go through all the
provisions of this EHS manual and apprise themselves of these requirements before
submitting their tenders as they would be required during the execution of the
project to strictly adhere to those guidelines, provisions and processes.

Form- K CHECK LIST FOR TENDERER
Sr.No. Check Item Yes/No No of
Pages
Received and studied the following documents
Main Tender Document including the NIT,

General Conditions of Contract, Special
Conditions of Contract, Technical Specifications
and Tender Forms & Formats in the soft copy .pdf
form containing a total number of 213 pages
excluding the cover page
Bill of Quantities in the. xlsx format containing …..

work sheets in one workbook. The last row
number with relevant data in various sheets in the
work book are …...
Total number of tender drawings received and

studied
Cover letter is complete on the company letterhead

and signed by the authorized signatory and
stamped with company seal.
The tender being filled is in total compliance with

the terms specified and there is no assumption of
any special condition in addition to what has been
specified in the tender documents by the owners
Documents to submitted as Hard copy
Envelope 1: Earnest Money and E Tender processing fee
EMD for the total amount
E-Tender Processing Fee Receipt
Envelope marked as Envelope 1 on Top and titled

Form- K CHECK LIST FOR TENDERER
Sr.No. Check Item Yes/No No of
Pages
as “Earnest Money and E Tender processing fee”
Envelop 1 is sealed and signed
Scanned copy of the EMD instruments and e-tender

processing fee uploaded on the e-tendering portal
in .jpg or .pdf format
Copy of check list
Documents to be uploaded
Scanned copy of the pre-qualification documents

uploaded on the e-tendering portal in .jpg or .pdf
format
Scanned copy of the Technical eligibility

documents uploaded on the e-tendering portal
Financial Bid

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INVITATION OF TENDER FOR SUPPLY AND INSTALLATION OF SEMI UNITIZED

CUTRAIN WALL SYSTEM

INDIAN INSTITUTE OF MANAGEMENT UDAIPUR, AT VILLAGE BALICHA,

Last date of submission: 9th January 2018 before 1600 hrs

INDIAN INSTITUTE OF MANAGEMENT, UDAIPUR

For Owner Page |1 For Contractor

For Owner Page |2 For Contractor

INFORMATION & INSTRUCTIONS TO TENDERERS FOR E-TENDERING 8

BRIEF PARTICULARS OF THE WORK 33

GENERAL GUIDELINES FOR TENDERERS 34

GENERAL INSTRUCTIONS FOR FILLING OF TENDER: 76

GENERAL CONDITIONS OF CONTRACT 80

CLAUSE.4.2. PERFORMANCE GUARANTEE 86

CLAUSE.4.3. SECURITY DEPOSIT 87

CLAUSE.4.4. COMPENSATION FOR DELAY 88

CLAUSE.4.5. WHEN CONTRACT CAN BE DETERMINED 89

CLAUSE.4.7. CONTRACTOR LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT TAKEN AS

CLAUSE.4.8. TIME AND EXTENSION FOR DELAY 92

CLAUSE.4.9. MEASUREMENT OF WORK DONE 93

CLAUSE.4.10. COMPUTERIZED MEASUREMENT BOOK 94

For Owner Page |3 For Contractor

CLAUSE.4.12. COMPLETION CERTIFICATE AND COMPLETION PLANS 98

CLAUSE.4.13. CONTRACTOR TO KEEP SITE CLEAN 98

CLAUSE.4.14. PAYMENT OF FINAL BILL 99

CLAUSE.4.15. MATERIALS SUPPLIED BY OWNER 99

CLAUSE.4.16. MATERIALS TO BE PROVIDED BY CONTRACTOR 99

CLAUSE.4.17. SECURED ADVANCE ON NON-PERISHABLE MATERIALS 101

CLAUSE.4.18. MOBILIZATION ADVANCE 101

CLAUSE.4.19. PAYMENT DUE TO VARIATION IN PRICES OF MATERIALS AFTER RECEIPT OF TENDER

CLAUSE.4.20. DISMANTLED MATERIAL OWNER’S PROPERTY 101

CLAUSE.4.21. WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS, DRAWINGS, AND

CLAUSE.4.22. DEVIATIONS / VARIATIONS EXTENT AND PRICING 102

CLAUSE.4.23. FORECLOSURE OF CONTRACT DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF

CLAUSE.4.25. SUSPENSION OF WORK 107

ACTION IN CASE WORK NOT DONE AS PER SPECIFICATIONS 109

CLAUSE.4.27. CONTRACTOR TO PROVIDE TOOLS & PLANTS ETC. 110

CLAUSE.4.28. RECOVERY OF COMPENSATION PAID TO WORKMEN 111

CLAUSE.4.29. ENSURING PAYMENT AND AMENITIES TO WORKERS IF CONTRACTOR FAILS 111

CLAUSE.4.30. LABOUR LAWS TO BE COMPLIED WITH, BY THE CONTRACTOR 112

CLAUSE.4.31. MINIMUM WAGES ACT TO BE COMPLIED WITH 118

CLAUSE.4.32. WORK NOT TO BE SUBLET 118

CLAUSE.4.33. COMPENSATION 118

CLAUSE.4.34. CHANGES IN FIRM’S CONSTITUTION TO BE INTIMATED 119

For Owner Page |4 For Contractor

CLAUSE.4.36. SETTLEMENT OF DISPUTES & ARBITRATION 119

CLAUSE.4.37. CONTRACTOR TO INDEMNIFY OWNER AGAINST PATENT RIGHTS 121

CLAUSE.4.38. ACTION WHERE NO SPECIFICATIONS ARE SPECIFIED 121

CLAUSE.4.40. LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS 122

CLAUSE.4.41. UNFILTERED WATER SUPPLY 123

CLAUSE.4.42. ELECTRICITY 123

CLAUSE.4.43. RETURN OF SURPLUS MATERIALS 124

CLAUSE.4.44. EMPLOYMENT OF TECHNICAL STAFF AND EMPLOYEES 124

CLAUSE.4.45. LEVY/TAXES PAYABLE BY CONTRACTOR 126

CLAUSE.4.46. TERMINATION OF CONTRACT ON DEATH OF CONTRACTOR 127

CLAUSE.4.47. COMPENSATION DURING WARLIKE SITUATIONS 127

SPECIAL CONDITIONS OF CONTRACT 129

CLAUSE.5.2. NOMINATED SUB-CONTRACTORS 130

CLAUSE.5.3. SITE OFFICE 131

CLAUSE.5.4. FOSSILS: 131

CLAUSE.5.5. INSURANCE 131