Nit No.: Iitb/Dips/Asb2/Tender/05: 5 January
Nit No.: Iitb/Dips/Asb2/Tender/05: 5 January
TENDER FOR
INDEX
Sr No Description Page
1 Tender Details 5
5.2 Check List for submission of Eligible & Technical Bid and Commercial Bid 32-33
8 Model Rules for the Protection of Health and Sanitary Arrangements for 109-113
Workers employed by the Contractor
1 Specifications 161
Sr No Description Page
a. Civil Works
b. Electrical Works
c. Mechanical Works
d. Firefighting Works
e. Plumbing Works
3 Geotechnical Report
PART-1:
NOTICE INVITING TENDER (NIT)
1. Tender Details
1.1 Dean Infrastructure Planning and Support (IPS), on behalf of Director, IITB invites
percentage rate composite Tender for the following work from the eligible firms /
contractors in Two Part Bid System:
ii. Ground Floor – BSBE and Animal Facility Entrance Lobby, Zebra Fish Facility,
Quarantine Room, Animal Facility including - Veterinarian Office, Pantry,
Electrical Room, Toilet, Accessible Toilet, Change Room, Storerooms,
Quarantine, Gamma Room, Auto clave Room, Labs, Wash Area, Loading and
Unloading Area.
iii. First Floor – Breeding Rooms, Stores, BSL-2, Imaging Room, Procedure
Room, SPECT Room, Battery Room, UPS Room, and Server and CCTV
Room.
vi. Fourth Floor – Common Equipment Lab, Faculty Labs, Electrical Room,
Pantry, Toilets, Janitor, and Accessible Toilet.
vii. Fifth Floor - Common Equipment Lab, Faculty Labs, Electrical Room, Pantry,
Toilets, Janitor, and Accessible Toilet.
viii. Sixth Floor- Common Equipment Lab, Faculty Labs, UG Teaching Lab
Electrical Room, Pantry, Toilets, Janitor, and Accessible Toilet.
ix. Seventh Floor – Faculty Cabin, Faculty Lab, Electrical Room, Pantry, Toilets,
Janitor, and Accessible Toilet.
x. Eight, Ninth and Tenth Floor – Rooms, Electrical Room, Pantry, Toilets,
Janitor, and Accessible Toilet.
(c) The scope involves levelling to achieve the designed formation site levels to
avoid water flooding into the plot from neighbouring areas.
(d) Accessibility to the building is proposed considering the differently abled via
adequate ramps and elevators. The main access to the building is from the
Ground floor connected via a stair and ramp.
(e) The entire building is serviced by three staircases - Two staircase serve as fire
staircases accessible from basement to 10th floor opening out to the exterior at
the Ground level. The third staircase is internal staircase for animal floors and
serves ground and first floor.
(f) There are over all 5 lifts in the project. 3 lifts with machine room serving ground
to the 10th floor & 2 lift without machine room serving the ground and the first
floor for the animal facility. One dedicated fire lift is proposed among the three
lifts with machine room.
(g) Dedicated restrooms have been provided as per the Statutory MCGM by-laws
for Male & Female. Separate restroom has also been designed for the
differently abled at Ground Level to Tenth Floor Level except for 1s Floor.
Small dry pantry areas are planned at floors having office spaces except for
1st floor.
(h) The Underground water tank along with the pump room is located in the
basement.
(i) Each floor has been designed in detail to house the rooms as per the Users’
requirements
(j) Terrace floor comprises of Overhead water tanks for Fire, Flushing & Domestic
water supply, Lift machine rooms with required access, Space allotment for
mechanical ventilation fans provided for lab fan hoods. Outdoor HVAC
equipment, Chillers and Solar Panels shall also be provided on the terrace.
(k) Internal electrification of the building is with Bus bar in the shaft and Distribution
cable for the floor levels, panels, Distribution Boards etc.
(l) The Other services include Firefighting system, Lifts, Sprinkler system, Public
Address system and Fire Alarm system as per Fire NoC.
(m) Certain rooms have been designed to accommodate the built-in & loose
furniture.
(n) Seminar Rooms, Meeting Room and Conference Room are provided in the
building with acoustical design consideration. The seminar rooms are with
stepped seating arrangements.
2.3 Definitions
In this document the following words and expressions have the meaning hereby assigned
to them.
(a) Employer Means the Director IITB, acting through the Dean (IPS).
(b) Bidder Means the individual proprietary firm, firm in partnership, limited
company private or public or corporation.
(e) Major Works means the construction scope of Civil, Structural, Furniture and
Plumbing Works.
opened only of those bidders meeting the Eligibility Criteria and declared qualified by
IITB.
3.19 The bid submitted are liable to become invalid if:
a. The bidders are found ineligible.
b. The bidder does not submit EMD
c. The bidder does not submit all the documents (including GST registration) as
stipulated in the bid document.
3.20 EMD amount as specified in Para 1.1 is to be submitted along with the Bid documents in
any of the following forms:
a. Banker’s Cheque of a Commercial Bank
b. Account Payee Demand Draft (DD) of a Commercial Bank
c. Fixed Deposit Receipt (FDR) of a Commercial Bank
d. A part of earnest money is acceptable in the form of Bank Guarantee including
e- Bank Guarantee also. In such cases 50% of earnest money or Rs. 20 lakh
whichever is less, will have to be deposited in shape prescribed above and
balance can be accepted in form of Bank Guarantee issued by a Commercial
Bank.
3.21 After opening of the eligibility documents, the deficiencies found in the bid of each bidder
vis -a –vis requirements as per NIT will be communicated to individual bidders by email
with a request to furnish required documents within Three working days of receipt, failing
which it will be presumed that the individual bidder do not have any further documents to
furnish and decision on bids will be taken accordingly.
3.22 The original EMD receiving authority releases the EMD to unsuccessful bidders after the
expiry of stipulated bid validity period or immediately after acceptance of the successful
bidder, whichever is earlier. EMD shall be refunded to the successful Bidder on receipt
of Performance Guarantee submitted on award of the work.
3.23 BG / Bankers Cheque / Pay Order/ DD / FDR / Bonds shall be drawn in favour of Registrar
Indian Institute of Technology Bombay, Payable at Mumbai.
3.24 The Bidder whose bid is accepted shall also furnish either copy of applicable licenses/
registrations or proof of applying for obtaining labour licenses, registration with EPFO,
ESIC and BOCW Welfare Board including Provident Fund Code No. If applicable and
also ensure the compliance of aforesaid provisions by the subcontractors, if any engaged
by the Contractor for the said work within the period specified in Schedule F.
3.25 The Bidder whose bid is accepted will also be required to furnish Programme Chart (Time
and Progress using PRIMAVERA) within the period as specified in Schedule F.
3.26 Intending Bidders are advised to inspect and examine the site and its surroundings and
satisfy themselves before submitting their bids as to the nature of the ground and sub-
soil (so far as is practicable), the form and nature of the site, the means of access to the
site, the accommodation they may require and in general shall themselves obtain all
necessary information as to risks, contingencies and other circumstances which may
influence or affect their bid. A bidder shall be deemed to have full knowledge of the site
whether he inspects it or not and no extra charge consequent on any misunderstanding
or otherwise shall be allowed. The bidders shall be responsible for arranging and
maintaining at his own 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 the Contract documents. Submission of a bid by a bidder
implies that he has read this notice and all other Contract documents and has made
himself aware of the scope and specifications of the work to be done and of conditions
and rates at which stores, tools and plant, etc. will be issued to him by the IITB and local
conditions and other factors having a bearing on the execution of the work.
3.27 The competent authority on behalf of Director IITB reserves to himself the right of
accepting the whole or any part of the bid and the bidders shall be bound to perform the
same at the rate quoted.
3.28 The Bidder shall not be permitted to bid for works in the IITB, in which his near relative
is posted a Divisional Accountant or as an officer in any capacity between the grades of
Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the
names of persons who are working with him in any capacity or are subsequently
employed by him and who are near relatives to any officer in the IITB. Any breach of this
condition by the Contractor would render him liable to be removed from the approved list
of contractors of this Institute/IITB.
3.29 This notice inviting Bid shall form a part of the Contract document. The successful bidders
/ contractor, on acceptance of his bid by the Accepting Authority shall within 15 days from
the stipulated date of start of the work, sign the Contract consisting of The Notice Inviting
Tender, all the documents including Additional Conditions, Additional and Special
Conditions, Specifications and Drawings, etc. forming part of the bid as uploaded at the
time of invitation of bid and the rates quoted at the time of submission of bid and
acceptance thereof together with any correspondence leading thereto.
3.30 On acceptance of the tender, the name of the accredited representative(s) of the
Contractor who would be responsible for taking instructions from the Engineer-in-Charge
shall be communicated in writing to the Engineer-in-Charge.
3.31 GST or any other tax applicable in respect of inputs procured by the Contractor for this
Contract shall be payable by the Contractor and IITB will not entertain any claim
whatsoever in respect of the same. However, component of GST at time of supply of
service (as provided in CGST Act 2017) provided by the Contract shall be varied if
different from that applicable on the last date of receipt of tender including extension if
any.
3.32 In this Percentage Rate Tender, the tenderer shall quote percentage below/above (in
figures as well as in words) at which he will be willing to execute the work. He shall also
work out the total amount of his offer and the same should be written in figures as well
as in words in such a way that no interpolation is possible. 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.
3.33 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 cash (in case guarantee amount is
less than Rs. 10,000/-) or Deposit at call receipt of any scheduled bank/Banker’s cheque
of any scheduled bank/Demand Draft of any scheduled bank/Pay order of any scheduled
bank (in case guarantee amount is less than Rs. 1,00,000/-) or Government Securities
or Fixed Deposit Receipts or Guarantee Bonds of any Scheduled Bank.
3.34 The contractor whose tender is accepted will also be required to furnish by way of
Security Deposit for the fulfilment of his Contract, an amount equal to 5% of the tendered
value of the work. The Security deposit will be collected by deductions from the running
bills as well as final bill of the contractor at the rates mentioned above. The Security
amount will also be accepted in cash or in the shape of Government Securities. Fixed
Deposit Receipt of a Scheduled Bank or will also be accepted for this purpose provided
confirmatory advice is enclosed.
3.35 Performance Bank Guarantee and Security Deposit Bank Guarantee as per the Clause
1 and Clause 1A of Clauses of the Contract respectively shall be drawn in favour of
Registrar, Indian Institute of Technology Bombay payable at Mumbai.
3.36 The tender submitted shall be treated as invalid if the Bidder does not quote percentage
above/below on the total amount of tender or any section/sub head of the tender.
3.37 Tenders, which propose any alteration in the work specified in the said form of invitation
to tender, or in the time allowed for carrying out the work, or which contain any other
conditions of any sort including conditional rebates, will be summarily rejected.
3.38 Forfeiture of Earnest Money
1. (i) If any tenderer withdraws his tender or makes any modification in the terms &
conditions of the tender which is not acceptable IITB within 7 days after last date of
submission of bids, then the IITB shall without prejudice to any other right or remedy,
be at liberty to forfeit 50% of earnest money absolutely irrespective of letter of
acceptance for the work is issued or not.
(ii) If any tenderer withdraws his tender or makes any modification in the terms &
conditions of the tender which is not acceptable to the department after expiry of 7 days
after last date of submission of bids, then the IITB shall without prejudice to any other
right or remedy, be at liberty to forfeit 100% of the earnest money absolutely
irrespective of letter of acceptance for the work is issued or not.
2. If contractor fails to furnish the prescribed performance guarantee within the prescribed
/ extended period, the earnest money is absolutely forfeited to the IITB automatically
without any notice.
3. In case of forfeiture of earnest money as prescribed in Para (1) and (2) above, the
bidder shall not be allowed to participate in the re-tendering process of the work.
3.39 In case the lowest tendered amount (estimated cost + amount worked on the basis of
percentage above/below) of two or more contractors is same, such lowest contractors
will be asked to submit sealed revised offer in the form of letter mentioning percentage
above/ below on estimated cost of tender including all sub sections/sub heads as the
case may be, but the revised percentage quoted above/below on tendered cost or on
each sub section/ sub head should not be higher than the percentage quoted at the time
of submission of tender. The lowest tender shall be decided on the basis of revised offers.
In case any of such Bidder refuses to submit revised offer, then it shall be treated as
withdrawal of his tender before acceptance and 50% of earnest money shall be forfeited.
3.40 If the revised tendered amount of two more contractors received in revised offer is again
found to be equal, the lowest tender, among such contractors, shall be decided by draw
of lots in the presence of Director (IITB) or his Authorised Representative & the lowest
contractors those have quoted equal amount of their tenders.
3.41 In case all the lowest Bidder those have quoted same tendered amount, refuse to submit
revised offers, then tenders are to be recalled after forfeiting 50% of EMD of each Bidder.
Bidder (s), whose earnest money is forfeited because of non- submission of revised offer,
shall not be allowed to participate in the re-tendering process of the work.
3.42 For Composite Bids
a. The quoted percentage of the bidder shall be applicable for all items of major
component as well as minor components of work.
b. After acceptance of the bid by competent authority, the Dean (IPS) IITB shall
issue letter of award of work on behalf of Director IITB. After the work is
awarded, the Contractor shall have to enter into an agreement with IITB.
c. Entire work under the scope of composite bid including major and all minor
components shall be executed under one agreement.
d. The Contractor has to associate agency(s) for minor component(s). Name of
the agency(s) to be associated shall be approved by Dean (IPS).
e. In case the Contractor intends to change any of the above agency/agencies
during the operation of the Contract, he shall obtain prior approval of Dean
(IPS).
f. The Contractor has to enter into agreement with contractor(s) associated by
him for execution of minor component(s). Copy of such agreement shall be
submitted to Dean (IPS). In case of change of associate contractor, the
Contractor has to enter into agreement with the new contractor associated by
him.
g. The Contractor shall prepare detailed execution programme of the work which
forms part of his agreement with the IITB in the event of the award. He shall
indicate in the programme, the time/stage of the work when the agencies of
specialized components of works will be deployed by him.
h. Running payment for the works done and measured shall be made by Dean
(IPS) to the Contractor on basis of Quoted Percentage Above or Below on The
Estimated Cost of each item.
i. The composite work shall be treated as complete when all the components of
the work are complete. The completion certificate of the composite work shall
be recorded by Dean (IPS) after record of completion certificate of all other
components.
j. Final bill of whole work shall be finalized and paid by the Dean (IPS).
k. The completion certificate of the work shall be recorded by Dean (IPS).
l. All requirements shall be as per the NIT provisions.
3.43 List of the documents to be submitted by the Bidders within the period of bid submission
listed as below:
1. Envelope No 1: EMD amount as specified in Para 1.1 to be submitted in a
separate envelope superscribed ‘EMD’ in the form elaborated in Para 3.20.
2. Envelope No 2: Shall consist of Eligibility and Technical documents and
superscribed as such listed below:
(a) Letter of transmittal.
(b) Certificate of Registration for GST and acknowledgement of up-to-date filed
return.
(c) Certified copy of the partnership deed & current address of all the partners of
the firm and certified copy of the power of attorney for signing the
application/copy of memorandum of Articles of Association duly attested by a
Public Notary and certified copy of the power of attorney for signing the
application (If applicable).
(d) Details of the similar works carried out as per the Para 4.3 under this Section.
(e) Bidding Capacity (calculated as per Form C-3).
(f) Balance sheet for Last three Financial Years.
(g) Certificates of Financial Turnover from Chartered Accountant (Form A).
(h) Bank Solvency Certificate (Form B) or Net Worth Certificate from Chartered
Accountant (Form B-1).
(i) Similar nature of works completed for the last 7 years ending previous day of
last day of submission of Tenders (Form C)
(q) Percentage Tender and Contract for Works duly signed and stamped by the
Bidder.
(r) Check List duly filled and signed and submitted all the documents in the order
and serial numbered as per the Check List.
3. Envelope No 3: Shall be of Commercial Bid consist of the following duly signed
and stamped by the Bidder.
a. Part D1 : Percentage quote on Estimated Amount
b. Part D2 : Bill of Quantities (BOQ)
4.3.1 Similar Work shall mean ‘the building consisting of RCC Framed Structure having
minimum eight (8) storey including Finishing works, internal Water Supply & Sanitary
installations, Internal Electrical Installation and Firefighting (Wet Riser / Down comer)
system, all executed under one agreement / contract’. Each basement, stilt / ground floor
constructed in the building shall be considered as a storey.
4.3.2 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 previous day of last day of submission of tenders.
4.3.3 Bidders are advised to submit copy of Agreement / final bill or any other relevant
document in support of their proposed completed work (s) which conforms to the
definition of similar work.
4.3.4 In case of private works, the same shall be supported by TDS certificate for the work(s)
under consideration.
4.4 Turnover: Should have average annual financial turnover of Rs 19,33,95,655 on
construction works during the immediate last 5 consecutive financial years ending 31st
March 2023. The value of annual turnover figures shall be brought to the current value
by enhancing the actual turnover figures at simple rate of 7% per annum.
4.5 Profit / loss: Should not have incurred any loss (profit after tax should be positive) in more
than two years during available last five consecutive balance sheet (balance sheet in
case of private/public limited company means its standalone financial statement and
consolidated financial statement both), duly audited and certified by the Chartered
Accountant with UDIN.
4.6 Bidding Capacity: Should have bidding capacity equal to or more than the estimated cost
of the work put to tender. The bidding capacity shall be worked out by the following
formula:
The bidder shall submit documents/report detailing each of the above signed by the
authorized signatory and should be part of the bid.
The Bidders shall be subject to thorough verification by the Technical Evaluation
Committee constituted by IITB of their credentials, inspection of ongoing / completed
construction works or both at the discretion of IITB for quality (form D-1 for reference),
safety, time schedules and execution methodologies, office establishment and facilities
etc. The performance reports from the Authorities to whom the works are being executed
or completed shall also become part of the technical evaluation.
Responsibility of obtaining necessary permissions from the respective Authorities to visit
the Bidders ongoing / completed construction works for inspection by the IITB Technical
Evaluation Committee lies with the Bidder.
4.16 The bidder shall submit documents/report detailing each of the above signed by the
authorized signatory and shall be part of the bid.
4.17 To become eligible, the bidders shall have to furnish and affidavit, duly signed and
stamped, as Under:
“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 Dean IPS, then I/We shall be debarred for tendering in
IITB in future forever. Also, if such violation comes to the notice of Dean IPS before date
of start of work, the Dean IPS shall be free to forfeit the entire amount of EMD /
Performance guarantee.”
4.18 The intending bidder must read the terms and conditions as spelt out in this NIT
document. He should only submit his bid if he considers himself eligible and he is in
possession of all the documents required.
4.19 All the taxes as applicable shall be borne by the Contractor himself. The Bidder shall
quote his tendered amount considering all such taxes and hence their tendered amount
should be inclusive of all the tax components. Goods and Service tax (GST) shall be
indicated separately.
4.20 Information and Instruction for bidders posted on website shall form part of bid document.
4.21 The bid document consisting of plans / drawings, specifications, the schedule of
quantities of various types of items to be executed and the set of terms and conditions of
the Contract to be complied with the Contractor whose bid may be accepted, and other
necessary documents can be seen on https://www.iitb.ac.in/deanpl/tender.html and on
Central Public Procurement Portal (CPPP) website
https://eprocure.gov.in/eprocure/app.
4.22 Tender should be submitted along with original EMD. EMD should be submitted in
separate envelope super scribed ‘EARNEST MONEY DEPOSIT’.
4.23 Certificate of Financial Turn over: At the time of submission of bid, Bidder has to Submit
Affidavit/Certificate from CA mentioning Financial Turnover of last 5 years and further
details if required may be asked from the Bidder after opening of eligibility bids. There is
no need to submit entire voluminous balance sheet.
4.24 Tenderer shall ensure to quote percentage against estimated cost put to tender.
4.25 The Eligibility bid shall be opened first on due date and time as mentioned above (Refer
to Para no. 1.2 above). The time and date of opening of financial bid of tenderers
qualifying the eligibility bid shall be communicated to them at a later date.
4.26 The building is targeted for minimum 3 Star GRIHA rating from TERI. The bidders shall
provide all necessary support and required facilities in order to secure this rating. Nothing
extra on this account shall be payable.
4.27 IITB reserves the right to reject any prospective Tender without assigning any reason
and to restrict the list of qualified Tenderers to any number deemed suitable by it, if too
many bids are received satisfying the laid down criterion.
4.28 EMD amount as specified in Para 1.1 in the form elaborated in Para 3.20, shall be drawn
in favour of Registrar Indian Institute of Technology, Bombay, payable at Mumbai.
4.29 Information pertaining to any additions, changes, modifications including Record notes
of Pre-Bid meeting etc. shall be uploaded on the official websites and no separate
communication shall be made in this regard. Bidders are advised to regularly check
websites for further Information/Communication.
4.30 It will be obligatory on part of the tenderer to sign and stamp the tender documents for
all the components (Schedule of Quantities, General Terms & conditions, Special Terms
& Conditions and Performa Schedules including additions, changes, modifications,
Record notes of Pre-Bid meeting, addendums and amendments to the Tender etc.).
To:
Dean (IPS),
1st floor, Nandan Nilekani Main building,
Indian Institute of Technology Bombay (IITB) Powai, Mumbai–400076.
1. I / We, hereby certify that all the statements made, and information supplied in
the enclosed form “A” to “F” accompanying statements are true and correct.
2. I/We have furnished all information and details necessary for pre-qualification
and have no further pertinent information to supply.
4. I/We, also authorize Dean (IPS) to approach individuals, employers, firms and
corporation to verify our competence and general reputation.
5. I/We, submit the following certificates in support of our suitability, technical know-
how and capability for having successfully completed the following eligible similar
works: -
Name of work: Certificate from:
Certificate:
It is certified that the information given in the enclosed eligibility bid are correct. It is also
certified that I / we shall be liable to be debarred, disqualified/ cancellation of enlistment in
case any information furnished by me/us found to be incorrect.
Enclosures:
Enhanced value of
Turnover (7% per
anum) as per 4.4
of NIT-Eligibility
Crieteria
This is to certify that to the best of our knowledge and information that
M/S./Sh.…………………………………………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.……………………(Rupee -------------------------------------------------------------only).
This certificate is issued without any guarantee or responsibility on the bank or any of the officers.
NOTE:
1. Banker’s certificates should be on letter head of the Bank addressed to tendering authority.
2. In case of partnership firm, certificate should include names of all partners as recorded with
the Bank.
S. Name of Owner or Cost of Date of Stipulated Actual Litigation/ Name and Whether
No. work/ sponsoring work commen date of date of arbitration address/ the work
project organization in crores cement as completion completion cases telephone was done
and of per pending/ number on back
location rupees contract in progress of officer to to back
with details* whom basis
reference Yes/ No
may be
made
1 2 3 4 5 6 7 8 9 10
Signature(s)of Bidder(s)
B. FORM 'C'-1
PROJECTS UNDER EXECUTION
S. Name of Owner or Cost of Date of Stipulated Up to date Slow Name and Remarks
No. work/ sponsoring work in comme- date of percentage progress if address/
Project organization crores of ncement completion progress of any and telephone
and rupees as per work reasons number of
location contract thereof officer to
whom
reference
may be
made
1 2 3 4 5 6 7 8 9 10
Signature(s)of Bidder(s)
C. FORM 'C'-2
- Form C2 is deleted
D. FORM 'C'-3
Calculation of bidding capacity
Details of existing commitments and ongoing works.
Up to date percentage
Date of commencement
Owner or sponsoring
Column 4 x Column 8
Existing commitment
progress of work
organization
as per contract
Remarks
location
S. No.
made
rupees
/100
1 2 3 4 5 6 7 8 9 10 11
Total (B) =
Rs………
Maximum turnover in last seven years = …
Rs………
Updated value of turnover (A) = …
No. of years (N) = …………..
Bidding Capacity= {[AxNx2.0]-B} =
Certificate:
I certify that all the awarded and ongoing works have been included in the above list.
Signature(s)of Bidder(s)
7. i. Whether case of levy of compensation for delay has been decided or not: Yes/No
ii. If decided, amount of compensation levied for delayed completion if any
Date:
Note: If Name of Work is not clearly defining scope of work as specified in the definition of similar
work, bidders are advised to submit a copy of Agreement/ final bill or any other relevant document
in support of their proposed completed work conforming to the definition of similar work.
9 Whether AHU getting automatically switched off and fire damps closed
in case of fire signal
1 Quality of plaster/finishing
3 Quality of flooring
7 Quality of workmanship
i.
ii.
5. Names and Titles of Directors and Officers with designation to be concerned with this work.
8. In which field of Civil Engineering Construction and MEP Works the bidder has
specialization and interest?
Signature(s)of Bidder(s)
I/we undertake and confirm that our firm/partnership firm has not been blacklisted by any State
/Central / IITs /PSUs /Autonomous bodies during the last 7 years of its operations. Further that,
if such information comes to the notice of the IITB then I/we shall be debarred for bidding in IITB
in future forever. Also, if such information comes to the notice of IITB on any day before date of
start of work, Dean (IPS) shall be free to cancel the agreement and to forfeit the entire amount
of Performance Guarantee (Scanned copy of this notarized affidavit to be uploaded at the time
of submission of bid)
Signature of Bidder(s)
or an authorized Officer
2. We, …………… (indicate the name of the bank) (herein after referred to as “the Bank”),
hereby undertake to pay to the IITB an amount not exceeding Rs. ………………………..
(Rupees………………. only) on demand by the IITB within 10 days of the demand.
4. We, ……………… (indicate the name of the Bank), further undertake to pay the IITB any
money so demanded notwithstanding any dispute or disputes raised by the Contractor in any
suit or proceeding pending before any Court or Tribunal, our liability under this Bank
Guarantee being absolute and unequivocal. The payment so made by us under this Bank
Guarantee shall be a valid discharge of our liability for payment there under and the
Contractor shall have no claim against us for making such payment.
5. We, ………………… (indicate the name of the Bank), further agree that the IITB shall have
the fullest liberty without our consent and without affecting in any manner our obligation here
under to vary any of the terms and conditions of the said agreement or to extend time of
performance by the said Contractor from time to time or to postpone for any time or from time
to time any of the powers exercisable by the IITB against the said Contractor 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 or for any forbearance, act of omission on the part of the IITB or any
indulgence by the IITB to the said Contractor 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. We, ………………… (indicate the name of the Bank) , further agree that the IITB at its option
shall be entitled to enforce this Guarantee against the Bank as a principal debtor at the first
instance without proceeding against the Contractor and notwithstanding any security or other
guarantee the IITB may have in relation to the Contractor’s liabilities.
7. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
8. We, …………………. (indicate the name of the Bank) , undertake not to revoke this
guarantee except with the consent of the IITB in writing.
Date .............
Witnesses:
Designation
*Date to be worked out on the basis of validity period of 180 days from the date of submission
of tender.
The letters refer red to below shall form part of this Contract agreement:
(a)
(b)
Signature………………………………………
Dated: …………
Designation………………………
Sr. No. Eligibility and Technical Documents Submittal status Page No.
10 Bank Solvency Certificate (in the Form ‘B’) or Net Worth Yes No
Certificate (in the Form 'B-1')
Sr. No. Eligibility and Technical Documents Submittal status Page No.
16 Affidavit of ‘not black listing’ (in the Form ‘F’) on non- Yes No
judicial stamp paper
INDEX
PA-
CLAUSE TITLE OF THE CLAUSE
GE
6.1 Definitions 37-39
6.2 Clauses of the Contract 39
Clause 1 Performance Guarantee 39-40
Clause 1A Recovery of Security Deposit 40-41
Clause 2 Compensation for Delay 41-42
Clause 3 When Contract can be Determined 42-44
Clause 4 Contractor liable to pay compensation even if action not taken under Clause 3 44
Clause 5 Time and Extension for Delay 44-46
Clause 6 Computerized Measurement Book 46-48
Clause 7 Payment on intermediate certificate to be regarded as Advances 48-49
Clause 8 Completion Certificate and Completion Plans 49-50
Clause 8 A Completion Plans to be Submitted by the Contractor 50
Clause 9 Payment of Final Bill 50
Clause 9A Payment of Contractor’s Bills to Banks 50
Clause 10A Materials to be provided by the Contractor 50-51
Clause 10B Secured Advance on Materials 51-52
Clause 10C Payment on Account of Increase in Prices/ Wages due to Statutory Order(s) 52-53
Clause 10CA Deleted -
Clause 10CC Price Adjustment for Works 53-56
Clause 10 D Dismantled Material IITB Property 56
Clause 11 Work to be Executed in Accordance with Specifications, Drawings, Orders etc 56-57
Clause 12 Deviations/ Variations Extent and Pricing 57-58
Clause 13 Foreclosure of Contract due to Abandonment or Reduction in Scope of Work 58-59
Clause 14 Carrying out part work at risk & cost of Contractor 59-60
Clause 15 Suspension of Work 60-61
Clause 16 Action in case of Work not done as per Specifications 61-62
Clause 17 Contractor Liable for Damages, defects during Maintenance period 62
Clause 18 Contractor to Supply Tools & Plants etc. 62
Clause 18-A Recovery of Compensation paid to Workmen 62-63
Clause 18-B Ensuring Payment & Amenities to Workers if Contractor fails 63
Clause 19 Labour Laws to be Complied by the Contractor 63
Clause 19-A No Labour below 18 years. 63
Clause 19-B Payment of Wages 63-64
Clause 19-C Safety Provisions for Labour & Penalty on Default 64-65
Clause 19-D Submission of Fortnightly Labour Chart by every fortnight 65
Clause 19-E Contractor to Comply Govt. Rules on Health & Sanitary Arrangements for Workers 65
Clause 19-F Maternity Benefit Rules (Leave and Pay) 65-66
Clause 19-G Penalty for Non-Compliance of Labour Regulations 66
Clause 19-H Providing Hutment, W/S, S/I, Drainage, Sanitation etc. for Workers 66-67
Clause 19-I Removal of Incompetent Workers 67-68
Clause 19-J No Part of Building to be Occupied - Action on Breach thereof 68
Clause 19-K Employment of Skilled / Semi skilled Workers 68
Clause 19-L Contribution of EPF and ESI 68-69
Clause 20 Minimum Wages Act to be Complied with 69
Clause 21 Work Not to be Sub-let / Action in Case of insolvency 69
Clause 22 Sums Payable by Way of Compensation 69
Clause 23 Changes in Firm's Constitution to be Intimated 69
Clause 24 Life Cycle Cost 69
PA-
CLAUSE TITLE OF THE CLAUSE
GE
Clause 25 Settlement of Disputes & Arbitration 69-71
Clause 26 Contractor to Indemnify IITB against Patent Rights 71
Clause 27 Lumpsum Provisions in Tender. 71
Clause 28 Action where no Specifications are Specified 72
Clause 29 Withholding and lien in respect of sum due from Contractor 72-73
Clause 29A Lien in respect of claims in other Contracts 73
Clause 29 B Employment of coal mining or controlled area labour not Permissible 73
Clause 30 Water for Works 73
Clause 30A Alternate water Arrangements 74
Clause 31 Hire of Plant & Machinery 74
Clause 32 Employment of Technical Staff and employees 74-75
Clause 33 Levy/Taxes payable by Contractor 75
Clause 34 Conditions for reimbursement of levy/taxes if levied after receipt of Tenders 76
Clause 35 Termination of Contract on death of the Contractor 76
Clause 36 If relative working in IITB then the Contractor not allowed to tender 76
Clause 37 No Gazetted Engineer to work as Contractor within one year of retirement 76-77
Clause 38 Theoretical consumption of Material 77
Clause 39 Compensation during warlike situations 78
Clause 40 Apprentices Act provisions to be complied with 78
Clause 41 Release of Security deposit after labour clearance 78
l. Market Rate shall be the rate as decided by the Engineer-in-Charge 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, provided that
no extra overheads and profits shall be payable on the part(s) of work assigned to other
agency(s) by the Contractor as per terms of the Contract.
m. Schedule(s) referred to in these conditions shall mean the relevant schedule(s)
annexed to the tender documents or the standard Schedule of Rates of the government
mentioned in Schedule ‘’F' hereunder, with the amendments thereto issued up to the
date of receipt of the tender.
n. Institute means IITB which invites tenders on behalf of Director of Indian Institute of
Technology Bombay as specified in schedule ’F'.
o. Tendered value means the value of the entire work as stipulated in the letter of award.
p. Date of commencement of work: The date of commencement of work shall be the date
of start as specified in schedule ’F' or the first date of handing over of the site, whichever
is later, in accordance with the phasing if any, as indicated in the tender document.
q. GST shall mean Goods and Service Tax Central, State and Inter State
2. Scope and Performance
a. Where the context so requires, words imparting the singular only also include the plural
and vice versa. Any reference to masculine gender shall whenever required include
feminine gender and vice versa.
b. Headings and Marginal notes to these General Conditions of Contract shall not be
deemed to form part thereof or be taken into consideration in the interpretation or
construction thereof or of the Contract.
c. The Contractor shall be furnished, free of cost one certified copy of the Contract
documents except standard specifications, Schedule of Rates and such other printed
and published documents, together with all drawings as may be forming part of the
tender documents. None of these documents shall be used for any purpose other than
that of this Contract.
3. Works to be carried out
The work to be carried out under the Contract shall, except as otherwise provided in these
conditions, include all labourers, materials, tools, plants, equipment and transport 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 (Schedule- A) 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 work as aforesaid in
accordance with good practice and recognized principles.
4. 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, which rates and prices shall, except as otherwise provided, cover
all his obligations under the Contract and all matters and things necessary for the proper
completion and maintenance of the works
5. Discrepancies and Adjustment of Errors
The several documents forming the Contract 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.
i. In the case of discrepancy between the schedule of Quantities, the Specifications and/ or
the Drawings, the following order of preference shall be observed: -
ii. The Performance Guarantee shall be initially valid up to the stipulated date of completion plus
minimum 60 days beyond that, if the same is submitted by the agency on scheduled format-I
as per GCC. If the same is submitted on the format-II as per GCC, then the Performance
Guarantee shall be valid up to the stipulated date of completion plus minimum 6 months
beyond that. In case the time for completion of work gets enlarged, the Contractor shall get
the validity of Performance Guarantee extended to cover such enlarged time for completion
of work. After recording of the completion certificate for the work by the competent authority,
the performance guarantee shall be returned to the Contractor, without any interest. However,
in case of contracts involving maintenance of building and services/any other work after
construction of same building and services/other work, then 50% of Performance Guarantee
shall be retained as Security Deposit. The same shall be returned year wise proportionately.
iii. The Engineer-in-Charge shall make a claim under the performance guarantee except for
amounts to which the Director of Indian Institute of Technology, Bombay (IITB) 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 Director of IIT B 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 Director, IITB.
v. On substantial completion of any work which has been completed to such an extent that the
intended purpose of the work is met and ready to use, then a provisional completion certificate
shall be recorded by the Engineer-in-Charge. The provisional certificate shall have appended
with a list of outstanding balance item of work that need to be completed in accordance with
the provisions of the Contract.
This provisional completion certificate shall be recorded by the concerned Engineer- in-
charge. After recording of the provisional completion certificate for the work by the competent
authority, the 80 % of performance guarantee shall be returned to the Contractor, without any
interest.
However, in case of contracts involving Maintenance of building and services /any other work
after construction of same building and services/ other work, then 40% of performance
guarantee shall be returned to the Contractor, without any interest after recording the
provisional Completion certificate.
Clause 1 A: Recovery of Security Deposit
The person/persons whose tender(s) may be accepted (hereinafter called the Contractor) shall
permit IITB at the time of making any payment to him for work done under the Contract to deduct a
sum at the rate of 5 % of the gross amount of each running and final bill till the sum deducted will
amount to 5% of the tendered value of the work. Such deductions will be made and held by IITB by
way of Security Deposit unless he/they has/have deposited the amount of Security at the rate
mentioned above in cash or in the form of Government Securities or fixed deposit receipts. In case
a fixed deposit receipt of any Bank is furnished by the Contractor to the IITB 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 IITB 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 become due to the
Contractor by IITB 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 Contractor shall within 10 days
make good in cash or fixed deposit receipt tendered by the State Bank of India or by Scheduled
Banks or Government Securities (if deposited for more than 12 months) endorsed in favour of the
Engineer-in-Charge, 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 bills
and the final bill of the Contractor at the rates mentioned above.
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 lacs subject to the condition that amount
of such bank guarantee, except last one, shall not be less than Rs. 5 lacs. Provided further that the
validity of bank guarantee including the one given against the earnest money shall be in conformity
with provisions contained in clause 17 which shall be extended from time to time depending upon
extension of Contract granted under provisions of clause 2 and clause 5.
In case of contracts involving maintenance of building and services/any other work after construction
of same building and services/other work, then 50% of Performance Guarantee shall be retained as
Security Deposit. The same shall be returned year wise proportionately.
Note-1: Government papers tendered as security will be taken at 5% (five per cent) below its market
price or at its face value, whichever is less. The market price of Government paper would be
ascertained by the Engineer-In-Charge at the time of collection of interest and the amount of interest
to the extent of deficiency in value of the Government paper will be withheld if necessary.
Note-2: Government Securities will include all forms of Securities mentioned in Rule No. 274 of the
G.F. Rules except fidelity bond. This will be subject to the observance of the condition mentioned
under the rule against each form of security.
Note-3: Note 1 & 2 above shall be applicable for both clause 1 and 1A
Clause 2: Compensation for Delay
If the Contractor fails to maintain the required progress in terms of clause 5 or to complete the work
and clear the site on or before the Contract or justified extended date of completion as per clause 5
(excluding any extension under Clause 5.5) as well as any extension granted under clauses 12 and
15, he shall, without prejudice to any other right or remedy available under the law to the IITB on
account of such breach, pay as compensation the amount calculated at the rates stipulated below
as the authority specified in schedule ’F' may decide on the amount of accepted tendered Value of
the work for every completed day/month (as determined) that the progress remains below that
specified in Clause 5 or that the work remains incomplete.
a. Compensation for delay of work: with maximum rate @ 1% (one percent) per month of
delay to be computed on per day basis based on quantum of damage suffered due to
stated delay on the part of Contractor.
Provided always that the total amount of compensation for delay to be paid under this condition shall
not exceed 10 % (ten percent) of the accepted Tendered Value of work or of the accepted Tendered
Value of the Sectional part of work as mentioned in Schedule ’F' for which a separate period of
completion is originally given.
In case no compensation has been decided by the authority in Schedule ’F' during the progress of
work, this shall be no waiver of right to levy compensation by the said authority if the work remains
incomplete on final justified extended date of completion. If the Engineer in Charge decides to give
further extension of time allowing performance of work beyond the justified extended date, the
Contractor shall be liable to pay compensation for such extended period. If any variation in amount
of Contract takes place during such extended period beyond justified extended date and the
Contractor becomes entitled to additional time under clause 12, the net period for such variation
shall be accounted for while deciding the period for levy of compensation. However, during such
further extended period beyond the justified extended period, if any delay occurs by events under
sub clause 5.2, the Contractor shall be liable to pay compensation for such delay.
Provided that compensation during the progress of work before the justified extended date of
completion for delay under this clause shall be for non-achievement of sectional completion or part
handing over of work on stipulated/justified extended date for such part work or if delay affects any
other works/services. This is without prejudice to right of action by the Engineer-in- Charge under
clause 3 for delay in performance and claim of compensation under that clause.
In case action under clause 2 has not been finalized and the work has been determined under clause
3, the right of action under this clause shall remain post determination of Contract but levy of
compensation shall be for days the progress is behind the schedule on date of determination, as
assessed by the authority in Schedule F, after due consideration of justified extension. The
compensation for delay, if not decided before the determination of Contract, shall be decided after
of determination of Contract.
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 IITB. In case, the Contractor does not achieve a particular
milestone mentioned in Schedule F (Clause 5), or the re-scheduled milestone(s) in terms of Clause
5.4, the amount shown against that milestone shall be withheld, to be adjusted against the
compensation levied as above. 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.
Clause 3: When Contract can be Determined:
Subject to other provisions contained in this clause, the Engineer-in-Charge may, without prejudice
to any other rights or remedy against the Contractor in respect of any delay, not following safety
norms, inferior workmanship, any claims for damages and/or any other provisions of this Contract
or otherwise, and whether the date of completion has or has not elapsed, by notice in writing
absolutely determine the Contract 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 and continues to do so after a notice in
writing of seven days from the Engineer-in-Charge.
iii. If the Contractor fails to complete the work or section of work with individual date of completion
on or before the stipulated or justified extended date, on or before such date of completion;
and the Engineer-in-Charge without any prejudice to any other right or remedy under any other
provision in the Contract has given further reasonable time in a notice given in writing in that
behalf as either mutually agreed or in absence of such mutual agreement by his own
assessment making such time essence of Contract and in the opinion of Engineer-in-Charge
the Contractor will be unable to complete the same or does not complete the same within the
period specified.
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 IITB 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 for IITB.
vi. If the Contractor shall enter into a Contract with IITB 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 had secured the Contract with IITB as a result of wrong tendering or other
non-Bonafede methods of competitive tendering or commits breach of Integrity Agreement.
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 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 (excluding part(s) of work assigned to other agency(s) by the
Contractor as per terms of Contract), 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 on behalf of Dean IPS shall have powers:
a. To determine the Contract as aforesaid so far as performance of work by the Contractor
is concerned (of which determination notice in writing to the Contractor under the hand of
the Engineer-in-Charge shall be conclusive evidence). Upon such determination, Security
Deposit already recovered, Security deposit payable and Performance Guarantee under
the Contract shall be liable to be forfeited and shall be absolutely at the disposal of the
IITB.
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 including any new items needed to complete the work. In the event of above
courses being adopted by the Engineer-in-Charge, the Contractor shall have no claim to
compensation for any loss sustained by him by reasons of his having purchased or
procured any materials or entered into any engagements or made any advances on
account or with a view to the execution of the work or the performance of the Contract.
And in case action is taken under any of the provision aforesaid, the Contractor shall not
be entitled to recover or be paid any sum for any work thereof or 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 he shall only be
entitled to be paid the value so certified.
Clause 3 A
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 or one month whichever is higher, either party may
close the Contract by giving notice to the other party stating the reasons. In such eventuality, the
Performance Guarantee of the Contractor shall be refunded within following time limits:
If the Tendered value of work is up to Rs. 1 Crore: 15 days.
If the Tendered value of work is more than Rs. 1 Crore
and up to 21 days Rs.10 Crore: 21 days
If the Tendered value of work exceeds Rs. 10 Crore:30 days
Neither party shall claim any compensation for such eventuality. This clause is not applicable for
any breach of the Contract by either party.
Clause 4:
Contractor liable to pay compensation even if action not taken under Clause 3
In any case in which any of the powers conferred upon the Engineer-in-Charge by Clause 3 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 5: Time and Extension for Delay
The time allowed for execution of the Works as specified in the Schedule ’F' or the extended time in
accordance with these conditions shall be the essence of the Contract. The execution of the work
shall commence from such time period as mentioned in schedule ’F' or from the date of handing
over of the site, notified by the Engineer-in-Charge, whichever is later. If the Contractor commits
default in commencing the execution of the work as aforesaid, the performance guarantee shall be
forfeited by the Engineer in Charge and shall be absolutely at the disposal of the IITB without
reasonable extension of time and reschedule the mile stones for completion of work, such
extension of time or rescheduling of milestone/s shall be without prejudice to any other
right or remedy of the parties in Contract or in law; provided further that for concurrent
delays under this sub clause and sub clause 5.2 to the extent the delay is covered under
sub clause 5.2 the Contractor shall be entitled to only extension of time and no damages.
5.4 Request for rescheduling of Mile stones or 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 forms i.e., Form of application by
the Contractor for seeking rescheduling of milestones or Form of application by the
Contractor for seeking extension of time (Appendix -XVI) respectively to the authority as
indicated in Schedule‘ ’F'. The Contractor shall indicate in such a request the period by
which rescheduling of milestone/s or extension of time is desired. With every request for
rescheduling of milestones, or if at any time the actual progress of work falls behind the
approved programme by more than 10% of the stipulated period of completion of the
Contract, the Contractor shall produce a revised programme which shall include all details
of pending drawings and decisions required to complete the Contract and also the target
dates by which these details should be available without causing any delay in execution
of the work. A recovery as specified in Schedule ’F' shall be made on per day basis in
case of delay in submission of the revised programme.
5.4.1 In any such case the authority as indicated in Schedule ’F' may give a fair and reasonable
extension of time for completion of work or reschedule the mile stones. Engineer -in-
Charge shall finalize/ reschedule a particular mile stone before taking an action against
subsequent mile stone. Such extension or rescheduling of the milestones shall be
communicated to the Contractor by the authority as indicated in Schedule ’F' in writing,
within 21 days of the date of receipt of such request from the Contractor in prescribed
form. In event of non-application by the Contractor for extension of time E-in-C after
affording opportunity to the Contractor, may give, supported with a programme (as
specified under 5.4 above), a fair and reasonable extension within a reasonable period of
occurrence of the event.
5.5 In case the work is delayed by any reasons, in the opinion of the Engineer-in-Charge, by
the Contractor for reasons beyond the events mentioned in clause 5.2 or clause 5.3 or
clause 5.4 and beyond the justified extended date; without prejudice to right to take action
under Clause 3, the Engineer-in-Charge may grant extension of time required for
completion of work without rescheduling of milestones. The Contractor shall be liable for
levy of compensation for delay for such extension of time.
Clause 6: Computerized Measurement Book
6.1 Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the Contract.
6.2 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 of the IITB so that a complete record is obtained of all the items
of works performed under the Contract.
6.3 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
In case main Contractor fails to make the payment to contractor associated by him within
15 days of receipt of each running account payment, then on the written complaint of
contractor associated for such minor component, Dean (IPS) shall serve the show cause
to the Contractor and if reply of the Contractor either not received or found unsatisfactory,
he may make the payment directly to contractor associated for minor component as per
the terms and conditions of the agreement drawn between the Contractor and associate
contractor fixed by him. Such payment made to the associate contractor shall be recovered
by Engineer-in-charge from the next Running Account Bill / final bill due to the Contractor
as the case may be.
Clause 7A:
No Running Account Bill shall be paid for the work till the applicable labour licenses, registration with
EPFO, ESIC and BOCW Welfare Board, whatever applicable are submitted by the Contractor to the
Engineer-in-Charge.
Clause 7B: Payment to third party
If the exigencies of the work so demand, the Engineer-in-Charge may allow payment to a third party,
who is creditor to the contractor, after fulfilling the following conditions: -
(a) The Contractor gives an authority letter addressed to the Engineer-in-Charge on a non-
judicial stamp paper of Rs.100 in the format given below:
I / We authorize the Dean (IPS) to pay directly on my / our behalf to (name of the third
party) an amount of Rs..................(Rupees in words) for the work done or
supplies made by ........................... (name of the third party). I / We shall be responsible for
the quality and quantity of the same under the provisions of agreement number .............
Signature of the Contractor
(b) The total payment to third party (or parties) shall not exceed 10% of the agreement cost of
the work.
Clause 8: 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.
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 analysed
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 including testing charges. 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 component 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 have full powers to require 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 in
schedule F.
Clause 10 B: Secured Advance on Materials
(i) The Contractor, on signing an indenture in the form to be specified in appendix XV,, shall be
entitled to be paid during the progress of the execution of the work up to 75% of the assessed
value of any materials or an amount not exceeding 75% of the material element cost in the
tendered rate of the finished item of the work, whichever is lower ,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.
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.
Mobilization advance
(ii) Mobilization advance not exceeding 10% of the tendered value may be given, if requested by
the Contractor in writing within six months of the order to commence the work. Such advance
that the same is given pursuant to this condition together with all information relating thereto which
he may be in position to supply.
For this purpose, the labour component of 85% of the value of the work executed during period
under consideration shall not exceed the percentage as specified in Schedule F, and the
increase/decrease in labour shall be considered on the minimum daily wages in rupees of any
unskilled Mazdoor, fixed under any law statutory role and order. The cost of work for which
escalation is applicable (W) is same as cost of work done worked out as indicated in sub-para (ii)
of clause 10 CC except the amount of full assessed value of secured Advance.
Provided always that:
(a) Where provisions of clause 10CC are applicable, provisions of clause 10C will not be applicable.
(b) Where provisions of clause 10CC are not applicable, provisions of clause 10C will become
applicable.
Clause 10CC
Price adjustment for Works
If the prices of materials and/or wages of labour required for execution of the work increase, the
Contractor shall be compensated for such increase as per provisions detailed below and the amount
of the Contract shall accordingly be varied, subject to the condition that such compensation for
escalation in prices and wages shall be available only for the work done during the stipulated period
of the Contract including the justified period extended under the provisions of clause 5 of the
Contract without any action under clause 2. Such compensation for escalation in the prices of
materials and labour, when due, shall be worked out based on the following provisions: -
(i) The base date for working out such escalation shall be the last stipulated date of receipt of tenders
including extension, if any.
(ii) The cost of work on which escalation will be payable shall be reckoned as below :
(a)Gross value of work done up to this quarter: (A)
(b) Gross value of work done up to the last quarter: (B)
(c) Gross value of work done since previous quarter (C) = (A-B):
(d) Full assessed value of Secured Advance fresh paid in this quarter : (D)
(e) Full assessed value of Secured Advance recovered in this quarter : (E)
(f) Full assessed value of Secured Advance for which escalation Payable in this
quarter (F) = (D-E)
(g) Advance payment made during this quarter: (G).
(h) Advance payment recovered during this quarter: (H).
(i) Advance payment for which escalation is payable in this Quarter (j) = (G-H)
(J) Amount paid based on prevailing market rates due to deviations / variations as per Clause 12
during this quarter:(J)
Then, M = C + F + I- J
Cost of work for which escalation is applicable: W= 0.85 M
Components for material, labour, etc., shall be pre-determined for every work and incorporated in
the Conditions of the Contract attached to the tender documents included in Schedule F. The
decision of the Engineer-in-Charge in working out such percentage shall be binding on the
Contractors.
(iii) The following principles shall be followed while working out the payment / recovery on account of
variation of prices of materials and /or wages of labour.
a) The compensation for escalation shall be worked out at quarterly intervals, and shall be with
respect to the cost of work done as per bills paid during three calendar months of the said quarter.
The date of submission of bill by the contractor to the IITB shall be guiding factor to decide the
bills relevant to the quarterly interval. The first such payment shall be made at the end of three
months after the month (excluding the month in which the letter of commencement for the work is
issued by the Engineer-in-Charge) and thereafter at three months interval. At the time completion
of the work, the last period for payment might become less than 3 months, depending on the
actual date of completion.
b) The indices as defined below (excluding LI) relevant to any quarter / period for which
compensation is to be paid shall be the arithmetical average of the indices relevant to the three
calendar months. If the period up to the date of completion after the quarter covered by the last
such instalment of payment, is less than three months, the indices shall be the average of the
indices for the months falling within that period.
c) The minimum wage of an unskilled Mazdoor shall be the higher of the wage notified by
Government of India, Ministry of Labour and that notified by the local administration both relevant
to the place of work and the period of reckoning.
d) The escalation for labour also shall be paid at the same quarterly intervals when escalation due
to increase in cost of materials is paid under this clause. If such revision of minimum wages takes
place during any such quarterly intervals, the escalation compensation shall be payable at revised
rates only for work done in subsequent quarters.
e) Irrespective of variations in minimum wages of any category of labour, for the purpose of this
clause, the variation in the rate for an unskilled Mazdoor alone shall form the basis for working out
the escalation compensation payable on the labour component.
(iv) In the event the price of materials and/or wages of labour required for execution of the work
decreases, there shall be a downward adjustment of the cost of work so that such price of
materials and/or wages of labour shall be deductible from the cost of work under this Contract and
in this regard the formula herein stated below under this Clause 10CC shall mutatis mutandis
apply.
(v) The Contract price shall be adjusted for increase or decrease in rates and prices of labour,
cement, steel reinforcement bar, fuel and lubricants and other input materials as per percentage
of materials/labour specified in Schedule F and in accordance with the principles, procedures and
formulae specified below:
(a) Price adjustment for change in cost shall be paid in accordance with the following
formulae: -
(i) For Construction period of this work:
Vw= W * (1/100) * [Cp * (CI-CO) / CO + LP* (LI-LO) / LO + CMP * (CMI-CMO) / CMO + EMP *
(EMI-EMO) / EMO + FP * (FI-FO) / FO + SP * (SI-SO) / SO + BP * (BI-BO) / BO]
(ii) For Maintenance period of this work:
Vw= W * (1/100) * [LP * (LI-LO) / LO + CMP * (CMI-CMO) / CMO + EMP * (EMI-EMO) / EMO +
BP * (BI-BO) / BO]
Where, W=cost of work done as per para (ii) above.
Vw (variation of cost of work) = Increase or decrease in the cost of works during the period under
consideration due to change in the rates for relevant components.
Percentage components of materials & labour as specified in the schedule F are
defined as under:-
CP- Cement Component,
LP-Labour component,
CMP-Civil component of other construction materials,
EMP- E & M component of construction materials,
FP-POL (Diesel) component
SP-Reinforcement steel bars / TMT bars / structural steel (including strands and
cables) component
BP-Bitumen component
Indices for various components of materials & labour to be used for the purpose of this Clause
are defined as under:
CO= Wholesale Price Index for Pozzolana Cement published by office of the Economic Adviser,
Ministry of Industry & Commerce valid for the month of last date of receipt of tender including
extension, if any.
CI= Wholesale Price Index for Pozzolana Cement published by office of the Economic Adviser,
Ministry of Industry & Commerce for the period under consideration.
LO= Minimum daily wage in rupees of an unskilled adult mazdoor, fixed under any law, statutory
rule or order as on the last date of receipt of tender including extension, if any.
LI=Minimum wage in rupees of an unskilled adult mazdoor, fixed under any law, statutory rule or
order as applicable on the last date of the quarter previous to the one under consideration.
CMO= Price Index for civil components of other construction materials valid for the month of the
last date of receipt of tender including extension, if any, as issued by the office of CE CSQ (Civil)
or successor of CPWD. In case of such issuance stopped / discontinued by CPWD, same shall
get replaced for the subsequent quarters with the indices for Wholesale Price Index for All
Commodities published by office of the Economic Adviser, Ministry of Industry & Commerce valid
for the month of the last date of receipt of tender including extension, if any.
CMI= Price Index for civil components of other construction materials for the period under
consideration and as issued by the office of CE CSQ (Civil) or successor of CPWD. In case of
such issuance stopped / discontinued by CPWD, same shall get replaced for the subsequent
quarters with the indices for Wholesale Price Index for All Commodities published by office of the
Economic Adviser, Ministry of Industry & Commerce valid for the period under consideration.
EMO= Price Index for E & M components construction materials valid for the month of the last
date of receipt of tender including extension, if any, as issued by the office of CE CSQ (Electrical)
or successor of CPWD. In case of such issuance stopped / discontinued by CPWD, same shall
get replaced for the subsequent quarters with the indices for Wholesale Price Index for All
Commodities published by office of the Economic Adviser, Ministry of Industry & Commerce valid
for the month of the last date of receipt of tender including extension, if any.
EMI= Price Index for E & M components construction materials for the period under consideration
and as issued by the office of CE CSQ (Electrical) or successor of CPWD. In case of such
issuance stopped / discontinued by CPWD, same shall get replaced for the subsequent quarters
with the indices for Wholesale Price Index for All Commodities published by office of the Economic
Adviser, Ministry of Industry & Commerce valid for the for the period under consideration.
FO= Wholesale Price Index of HSD (High Speed Diesel) published by office of the Economic
Adviser, Ministry of Industry & Commerce valid for the month of the last date of receipt of tender
including extension, if any.
FI=Wholesale Price Index of HSD (High Speed Diesel) published by office of the Economic
Adviser, Ministry of Industry & Commerce for the period under consideration.
SO= Wholesale Price Index of Mild Steel- long products published by office of the Economic
Adviser, Ministry of Industry & Commerce valid for the month of the last date of receipt of tender
including extension, if any.
SI= Wholesale Price Index of Mild Steel- long products published by office of the Economic
Adviser, Ministry of Industry & Commerce for the period under consideration.
BO= Wholesale Price Index of Bitumen published by office of the Economic Adviser, Ministry of
Industry & Commerce valid for the month of the last date of receipt of tender including extension,
if any.
BI= Wholesale Price Index of Bitumen published by office of the Economic Adviser, Ministry of
Industry & Commerce for the period under consideration.
(vi) Provided always that:
(a) Where provisions of Clause 10CC are applicable, provisions of Clause 10C will not be applicable.
(b) Where provisions of Clause 10CC are not applicable, provisions of Clause 10C will become
applicable.
Clause 10 D: Dismantled Material IITB Property:
The Contractor shall treat all materials obtained during dismantling of a structure, excavation of the
site for a work, etc. as IITB’s property and such materials shall be disposed of to the best advantage
of IITB according to the instructions in writing issued by the Engineer-in- Charge.
Clause 11: Work to be Executed in Accordance with Specifications, Drawings, 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 in respect of the work signed by the Engineer-in-Charge and
the Contractor shall be furnished free of charge one copy of the Contract documents together with
specifications, designs, drawings and instructions as are not included in the standard specifications
of Central Public Works Department specified in Schedule 'F' or in any Bureau of Indian Standard
or any other, published standard or code or, Schedule of Rates or any other printed publication
referred to elsewhere in the Contract.
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.
Clause 12: Deviations/ Variations Extent and Pricing
The Engineer-in-Charge shall have power (i) to make alteration in, omissions from, additions to, or
substitutions for the original specifications, drawings, designs and instructions that may appear to
him to be necessary or advisable during the progress of the work, and (ii) to omit a part of the
works in case of non-availability of a portion of the site or for any other reasons and the Contractor
shall be bound to carry out the works in accordance with any instructions given to him in writing
signed by the Engineer-in-Charge and such alterations, omissions, additions or substitutions shall
form part of the Contract as if 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.
12.1 The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the tendered value sum being ordered be extended, 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.
12.2 Deviation, Extra Items and Pricing
In the case of extra item(s) (items which are not available in the Contract), the Contractor
may within fifteen days of the receipt of order or occurrence of the item(s), submit claim
for market rate(s), supported with proper analysis of rate and manufacturer's specification
for the work, invoices, vouchers, etc. (as applicable), failing which the rate(s) approved
later by the Engineer-in-Charge shall be final and binding. Where the Contractor submits
claim for market rate(s) in the manner prescribed above, the Engineer-in-Charge shall,
within 45 days of the receipt of the claims, after giving consideration to the analysis of
rates and other documents 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.
The rates(s) of extra items so determined by the Engineer-In-Charge shall be final and
binding on the Contractor, and shall not be arbitrable.
Deviation, deviated Quantities, Pricing
In the case of the Contract items which exceed the limit laid down in Schedule F, the
Contractor may within fifteen days of the receipt of order or occurrence of the excess,
claim revision of the rates, supported with proper analysis of rate and invoices, vouchers,
etc. (as applicable), for the quantity in excess of the above-mentioned limit. The Engineer-
in-charge shall within 45 days of receipt of the claims, after giving consideration to the
analysis of rates and other documents 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.
The rates(s) of extra items so determined by the Engineer-In-Charge shall be final and
binding on the Contractor, and shall not be arbitrable.
12.3 In the case of the Contract items which exceed the limit laid down in Schedule F, the
Engineer-in-Charge shall after giving notice to the contractor within 30 days of submission
of that bill by the Contractor which contains such item(s), and after taking into
consideration any reply received from the Contractor within 15 days of the issue of such
notice, reduce the rate for quantity in excess of the above mentioned limit on the basis of
market rates, within 30 days of the expiry of the said period of 15 days, and the Contractor
shall be paid in accordance with the rates so determined.
The rate(s) so determined by the Engineer-in-Charge shall be final and binding on the
Contractor, and shall not be arbitrable.
12.4 Deleted
12.5 The cost of any operation necessarily in contemplation of tendered while quoting tender
or necessary or incidental to proper execution of an item of work included in the Schedule
of Quantities or in the Schedule of Rates mentioned in Schedule F, whether or not
specifically indicated in the description of the item and the relevant specifications, 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 13: Foreclosure of Contract due to Abandonment or Reduction in Scope of Work
If at any time after acceptance of the tender or during the progress of work, the purpose or object
for which the work is being done changes due to any supervening cause and as a result of which
the work has to be abandoned or reduced in scope the Engineer-in-Charge shall give notice in
writing to that effect to the Contractor stating the decision as well as the cause for such decision
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, full amount for works 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 foreclosure;
(i) Any expenditure incurred on preliminary site work, e.g., temporary access roads, temporary
labour huts, staff quarters and site office; storage accommodation and water storage tanks.
(ii) IITB shall have the option to take over the 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 IITB 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 IITB, 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.
(iii) Reasonable compensation for transfer of T & P from site to Contractor’s permanent stores
or to his other works, whichever is less. If T & P are not transported to either of the said
places, no cost of transportation shall be payable.
(iv) Reasonable compensation for repatriation of Contractor’s site staff and imported labour to
the extent necessary.
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.
The reasonable amount of items on (i), (iii) and (iv) above shall not be in excess of 2% of the cost
of the work remaining incomplete on the date of closure, i.e., total stipulated cost of the work as per
accepted tender less the cost of work actually executed under the Contract and less the cost of
Contractor’s materials at site taken over by the IITB as per item (ii)above. Provided always that
against any payments due to the Contractor on this account or otherwise, the Engineer-in-Charge
shall be entitled to recover or be credited with any outstanding balances due` from the Contractor
for advance paid in respect of any tool, plants and materials and any other sums which at the date
of termination were recoverable by the IITB from the Contractor under the terms of the Contract.
In the event of action being taken under Clause 13 to reduce the scope of work, the Contractor may
furnish fresh Performance Guarantee on the same conditions, in the same manner and at the same
rate for the balance tendered amount and initially valid up to the extended date of completion or
stipulated date of completion if no extension has been granted plus minimum 60 days beyond that.
Wherever such a fresh Performance Guarantee is furnished by the Contractor the Engineer-in-
Charge may return the previous Performance Guarantee.
Clause 14: Carrying out part work at risk & cost of Contractor
If the Contractor:
(i) At any time makes default during currency of work or does not execute any part of the work
with due diligence and continues to do so even after a notice in writing of 7 working days in
this respect from the 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 working days even after a notice
in writing is given in that behalf by the Engineer-in-Charge; or
Fails to complete the work(s) or items of work with individual dates of completion, on or
before the date(s) so determined, and does not complete them within the period specified
in the notice given in writing in that behalf by the Engineer-in-Charge.
(iii) The Engineer- in-Charge without invoking action under clause 3 may, without prejudice to
any other right or remedy against the Contractor which have either accrued or accrue
thereafter to IITB, 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 IITB because of action under this clause shall not exceed 10% 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 department
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 IITB in completing the partwork/ part
incomplete work of any item(s) or the excess loss of damages suffered or may be suffered by IITB
as aforesaid after allowing such credit shall without prejudice to any other right or remedy available
to Government in law or per as 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 contractor’s' 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.
Clause 15: Suspension of Work
(i) The Contractor shall, on receipt of the order in writing of the 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 or injury to the work already done or endanger
the safety thereof for any of the following reasons:
b. for proper execution of the works or part thereof for reasons other than the default
of the Contractor; or
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
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 for which a separate period of completion is specified in the Contract exceeds
thirty days, the Contractor shall, in addition, 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, adding thereto 2% 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 works 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 (a) in
sub para (i) above, 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 intends to treat the suspension, where it affects only a part of
the works as an omission of such part by IITB or where it affects whole of the works, as
an abandonment of the works by IITB, 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 IITB, 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 the work in full but which he could not
derive in consequence of the abandonment. He shall, however, be entitled to such
compensation, as the Engineer- in-Charge may consider reasonable, in respect of
salaries and/or wages paid by him to his employees and labour at site, remaining idle in
consequence adding to the total thereof 2% to cover indirect expenses of the Contractor
provided the Contractor submits his claim supported by details to the Engineer-in-Charge
within 30 days of the expiry of the period of 3 months.
Clause 16: 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, his authorized
subordinates in charge of the work and all the superior officers, officer of the Quality Assurance Unit
of the Department or any organization engaged by the Department for Quality Assurance and of
the Chief Technical Examiner’s Office, and the Contractor shall, at all times, during the usual
working hours and at all other times at which 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
Contractor’s 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 his authorized subordinates in charge of the work or
to the Chief Engineer in charge of Quality Assurance or his subordinate officers or the officers of
the organization engaged by the Department for Quality Assurance or to the Chief Technical
Examiner or his subordinate officers, that any work has been executed with unsound, imperfect, or
unskilful workmanship, or with materials or articles provided by him for the execution of the work
which are unsound or of a quality inferior to that contracted or otherwise not in accordance with the
Contract, the Contractor shall, on demand in writing which shall be made within twelve months (six
months in the case of work costing Rs. 10 Lac and below except road work) of the completion of
the work from the Engineer-in-Charge specifying the work, materials or articles complained of
notwithstanding that the same may have been passed, certified and paid for forthwith rectify, or
remove and reconstruct the 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 and suitable
materials or articles at his own charge and cost. In the event of the 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 2 of the Contract (for non-completion of the
work in time) for this 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 authority specified in schedule ’F'
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 removed and re-executed at the risk and cost of the Contractor. Decision of the
Engineer-in-Charge to be conveyed in writing in respect of the same will be final and binding on the
Contractor.
Clause 17: Contractor Liable for Damages, defects during defect liability Period
If 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 kerb, fence, enclosure, water
pipe, cables, drains, electric or telephone post or wires, trees, grass or grassland, or cultivated
ground contiguous to the premises on which the work or any part is being executed, or if any
damage shall happen to the work while in progress, from any cause whatever or if any defect,
shrinkage or other faults appear in the work within 24 (twenty four) months (six months in the case
of work costing Rs. Ten lacs and below except road work) after a certificate final or otherwise of its
completion shall have 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 make the same good at his own expense or in default the Engineer-in-Charge cause the
same to be made good by other workmen and deduct the expense from any sums that may be due
or at any time thereafter may become due to the Contractor, or from his security deposit or the
proceeds of sale thereof or of sufficient portion thereof. The security deposit of the Contractor shall
not be refunded before the expiry of twelve months (six months in the case of work costing Rs. Ten
lakhs and below except road work) 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 18: Contractor to Supply Tools & Plants etc.
The Contractor shall provide at his own cost all materials 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 portion thereof.
Clause 18 A: Recovery of Compensation paid to Workmen.
In every case in which by virtue of the provisions sub- section (1) of section 12 of the Workman’s
Compensation Act. 1923, IITB is obliged to pay compensation to a workman employed by the
Contractor, in execution of the works, IITB will recover from the Contractor ,the amount of the
compensation so paid: and without prejudice to the rights of the IITB under sub- section(2) of section
12 , of the said Act, IITB 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 IITB to the Contractor whether under this
Contract or otherwise. IITB 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 IITB full security for all costs for which IITB might become liable in consequence of
contesting such claim.
Clause 18B: Ensuring Payment and Amenities to Workers if Contractor fails
In 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, IITB 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 Rules framed by Government
from time to time for the protection of health and sanitary arrangements for workers employed by
IITB. Contractors, IITB 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 IITB under sub-section (2) of
Section 20, and sub-section (4) of Section 21, of the Contract Labour (Regulation and Abolition)
Act, 1970, IITB 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 IITB to the Contractor whether under this Contract or
otherwise IITB 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 IITB full security for all costs for which IITB might become
liable in contesting such claim.
Clause 19: Labour Laws to be complied by the Contractor.
The Contractor shall comply with the provisions of the Contract Labour (Regulation and Abolition)
Act, 1970, and the Contract Labour (Regulation and Abolition) Central Rules, 1971.
The Contractor shall also obtain a valid license under the said Act, before the commencement of
the work, and continue to have a valid license until the completion of the work.
The Contractor shall also comply with provisions of the Inter-State Migrant Workmen (Regulation
of Employment and Conditions of Service) Act, 1979.
The Contractor shall also abide by the provisions of the Child and Adolescent 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.
Any failure to fulfil these requirements shall attract the penal provisions of this Contract arising out
of the resultant non-execution of the work.
Clause 19A
No labour below the age of 18 (Eighteen) years shall be employed on the work.
Clause 19B: 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 C.P.W.D. 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 Department 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 unauthorizedly made,
maintenance of wage books or wage slips publication of scale of wage 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-fulfilment 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 labours 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 the provisions of the Payment of Wages Act, 1936,
Minimum Wages Act, 1948, Employees Liability Act, 1938, Workman’s Compensation
Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, 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 IITB against payments to be made
under and for the observance of the laws aforesaid and the CPWD. Contractor’s Labour
Regulations without prejudice to his right to claim indemnity from his sub-contractors.
(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 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.
Clause 19C
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 as decided by the authority
mentioned in Schedule F 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.
Clause 19D
The Contractor shall submit by the 4th and 19th 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: -
(a) the number of labourers employed by him on the work,
(b) their working hours,
(c) the wages paid to them,
(d) the accidents that occurred during the said for night showing the circumstances under
which they happened, and the extent of damage and injury caused by them, and
(e) the number of female workers who have been allowed maternity benefit according to
Clause 19 F and the amount paid to them.
Failing which the Contractor shall be liable to pay to IITB, a sum as decided by the authority
mentioned in Schedule F 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 be binding on the Contractor.
Clause 19 E
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 Government from time to time for the protection of health and sanitary
arrangements for workers employed by the Central Public Works Department and its contractors.
Clause 19F
Leave and pay during leave shall be regulated as follows: -
1. Leave:
(a) in the case of deliver– - maternity leave not exceeding 8 weeks, 4 weeks up to and
including the day of delivery and 4 weeks following that day,
(b) in the case of miscarriage - up to 3 weeks from the date of miscarriage.
2. Pay:
(a) in the case of deliver– - leave pay during maternity leave will be at the rate of the women’s
average daily earnings, calculated on total wages earned on the days when full time work
was done during a period of three months immediately preceding the date on which she
gives notice that she expects to be confined or at the rate of Rupee one only a day
whichever is greater.
(b) in the case of miscarriage - leave pay at the rate of average daily earning calculated on
the total wages earned on the days when full time work was done during a period of three
months immediately preceding the date of such miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has been employed
for a total period of not less than six months immediately preceding the date on which she
proceeds on leave.
4. The Contractor shall maintain a register of Maternity (Benefit) in the Prescribed Form as
shown in Appendix -I and II, and the same shall be kept at the place of work.
Clause 19G
In the event of the Contractor(s) committing a default or breach of any of the provisions of the
Central Public Works Department, 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 IITB a sum as decided by the authority mentioned in Schedule F for every default,
breach or furnishing, making, submitting, filing such materially incorrect statements and in the event
of ’he Contractor(s) defaulting continuously in this respect, the penalty may be enhanced to as
decided by the authority mentioned in Schedule F per day for each day of default subject to a
maximum of 5 percent 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 C.P.W.D. 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 a“ "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 as per 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 remodelled 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).
Clause 19H
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.
(a) The minimum height of each hut at the eaves level shall be 2.10 m (7 ft.) and the floor
area to be provided will be at the rate of 2.7 sq.m. (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 1.80 m x 1.50 m ’6'’5') 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.
(e) 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.
(f) The Contractor(s) shall provide each hut with proper ventilation.
(g) All doors, windows, and ventilators shall be provided with suitable leaves for security
purposes.
(h) There shall be kept an open space of at least 7.2 m (8 yards) between the rows of huts
which may be reduced to 6 m (20 ft.) according to the availability of site with the approval
of the Engineer-in-Charge. Back-to-back construction will be allowed.
(i) 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.
(j) (j) The site selected for the camp shall be high ground, removed from jungle.
(k) 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.
(l) Drainage – The Contractor(s) shall provide efficient arrangements for draining away
sullage water so as to keep the camp neat and tidy.
(m) The Contractor(s) shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(n) 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.
Clause 19I
The Engineer-in-Charge may require the Contractor to dismiss or remove from the site of the
work any person or persons in the contractor’s’ 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 has 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.
Clause 19J
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.
Clause 19K: 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 CPWD 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, its 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 specified in schedule ’F’ 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.
Provided always, that the provisions of this clause, shall not be applicable for works with estimated
cost put to tender being less than Rs. 5 crores.
For work costing more than Rs. 10 Crores, and up to Rs. 50 Crores, the Contractor shall arrange
on site training as per National Skill Development Corporation (NSDC) norms for at least 20% of
the unskilled workers engaged in the project in co-ordination with the CPWD Regional Training
Institute & National Skill Development Corporation (NSDC) for certification at the level of
skilled/semi-skilled tradesmen.
For works costing more than Rs. 50 Crores, the Contractor shall arrange on site training as per
National Skill Development Corporation (NSDC) norms for at least 30% of the unskilled worker
engaged in the project in co-ordination with the CPWD Regional Training Institute & National Skill
Development Corporation (NSDC) for certification at the level of skilled/semi-skilled tradesmen.
The cost of such training as stated above shall be borne by the Contractor. The necessary space
and workers shall be provided by the Contractor and no claim what so ever shall be entertained.
Clause 19L: Contribution of EPF and ESI
The ESI and EPF contributions on the part of employer in respect of this Contract shall be paid
by the Contractor. These contributions on the part of the employer paid by the Contractor shall be
reimbursed by the Engineer-in-charge to the Contractor on actual basis. The verification of
deployment of labour will be done through biometric attendance system or any other suitable
method by the Engineer in Charge. The applicable and eligible amount of EPF & ESI shall be
reimbursed preferably within 7 days but not later than 30 days of submission of documentary proof
of payment provided same are in order.
Clause 20: 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 21: Work not to be sublet. Action in case of in solvency
The Contract shall not be assigned or sublet without the written approval of the Engineer-in-
Charge. 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 public officer or person in the employ of IITB in any way relating
to his 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 Director, IITB shall
have power to adopt the course specified in Clause 3 hereof in the interest of IITB and in the event
of such course being adopted, the consequences specified in the said Clause 3 shall ensue.
Clause 22
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 IITB without reference to the actual loss or
damage sustained and whether or not any damage shall have been sustained.
Clause 23: Changes in firm’s Constitution to be Intimated.
Where the Contractor is a partnership firm, the previous approval in writing of the Engineer-in-
Charge 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 21 hereof and the same action may be taken,
and the same consequences shall ensue as provided in the said Clause 21.
Clause 24: Life Cycle Cost
The Contractor shall be responsible for safety, quality and soundness of the buildings including
structural elements beyond maintenance period. The Contractor shall have obligation to rectify
such defects minimum up to 1 (One) year from the date of completion of work. The defects have
to be rectified within a reasonable time not exceeding forty-five days after issue of notice by
Engineer- in- Charge. If Contractor does not take corrective action within 3 days, then action for
debarring of the agency shall be taken by the appropriate authority.
Clause 25: 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 here-in 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 relating to the Contract, designs,
drawings, specifications, estimates, instructions, orders or these conditions or otherwise
concerning the works 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:
(i) 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 or if the Engineer in Charge considers any act or decision of the Contractor on
any matter in connection with or arising out of the Contract or carrying out of the work, to
be unacceptable and is disputed, such Contractor shall within 15 days of the arising of the
disputes first refer to Dean IPS, IITB who acts as Engineer-In-Charge (EIC). If the decision
of EIC is not acceptable to the Contractor, either party shall promptly within 15 days
request to Deputy Director (FEA) IITB (DD(FEA)). In case of the decision of DD(FEA) is
not acceptable, the matter shall be taken up with the Director IITB, who shall refer the
disputes to Dispute Redressal Committee (DRC) within 15 days along with a list of
disputes with amounts claimed if any in respect of each such dispute. The Dispute
Redressal Committee (DRC) give its decision within a period of 60 days extendable by 30
days by consent of both the parties. The constitution of Dispute Redressal Committee
(DRC) shall be as indicated in Schedule 'F'. Provided that no party shall be represented
before the Dispute Redressal Committee by an advocate / legal counsel etc.
The DRC will submit its decision to the Director IITB for acceptance. Director IITB will in a
time limit of 30 days from receipt of DRC decision will convey acceptance or otherwise on
the said decision. If the Dispute Redressal Committee (DRC) fails to give its decision within
the aforesaid period or the Director IITB fails to give his decision in the aforesaid time limit
or any party is dissatisfied with the decision of Dispute Redressal Committee (DRC)/
Director IITB then either party may within a period of 30 days from the receipt of the decision
of Dispute Redressal Committee (DRC) / Director IITB or on expiry of aforesaid the time
limits available to DRC) / Director IITB ,may give notice to the Chairman, Board of
Governors, IITB (BOG) for appointment of arbitrator on prescribed proforma as per
Appendix XVII under intimation to the other party.
It is a term of Contract that each party invoking arbitration must exhaust the aforesaid
mechanism of settlement of claims / disputes prior to invoking arbitration.
The Chairman (BOG) shall in such case appoint the sole arbitrator or one of the three
arbitrators as the case may be within 30 days of receipt of such a request and refer such
disputes to arbitration. Wherever the Arbitral Tribunal consists of three Arbitrators, the
Contractor shall appoint one arbitrator within 30 days of making request for arbitration or
of receipt of request by Engineer-in-charge to DD(FEA) for appointment of arbitrator, as
the case may be, and two appointed arbitrators shall appoint the third arbitrator who shall
act as the Presiding Arbitrator. In the event of
(a) A party fails to appoint the second Arbitrator, or
(b) The two appointed Arbitrators fail to appoint the Presiding Arbitrator, then the
Chairman (BOG) shall appoint the second or Presiding Arbitrator as the case
may be.
(ii) Dispute or difference shall be referred for adjudication through arbitration by a Tribunal
having sole arbitrator where claimed amount is Rs 100 Crore or less. Where claimed Value
is more than Rs. 100 Crore, Tribunal shall consist of three Arbitrators as above. The
requirements of the Arbitration and Conciliation Act, 1996 (26 of 1996) and any further
statutory modification or re-enactment thereof and the rules made there under and for the
time being in force shall be applicable.
It is a term of this Contract that the party invoking arbitration shall give a list of disputes
with amounts claimed, if any, in respect of each such dispute along with the notice for
appointment of arbitrator and giving reference to the decision of the DD(FEA) on the
finding / recommendation of DRC.
It is also a term of this Contract that member of the Arbitration Tribunal shall be a Graduate
Engineer with experience in handling public works engineering contracts, and further he
shall have earlier worked at a level not lower than Chief Engineer/ equivalent (i.e. Joint
Secretary level of Government of India). This shall be treated as a mandatory qualification
to be appointed as arbitrator.
Parties, before or at the time of appointment of Arbitral Tribunal may agree in writing for
fast-track arbitration as per the Arbitration and Conciliation Act, 1996 (26 of 1996) as
amended in 2015.
Subject to provision in the Arbitration and Conciliation Act, 1996 (26 of 1996) as amended
in 2015 whereby the counter claims if any can be directly filed before the arbitrator without
any requirement of reference by the appointing authority. The arbitrator shall adjudicate
on only such disputes as are referred to him by the appointing authority and give separate
award against each dispute and claim referred to him and, in all cases, where the total
amount of the claims by any party exceeds Rs. 1,00,000/-, the arbitrator shall give
reasons for the award.
It is also a term of the Contract that fees payable to arbitral tribunal shall be as approved
by IITB, this fee shall be shared equally by parties.
The place of arbitration shall be as mentioned in Schedule F. In case there is no mention
of place of arbitration, the arbitral tribunal shall determine the place of arbitration.
The venue of the arbitration shall be such place as may be fixed by the Arbitral Tribunal
in consultation with both the parties. Failing any such agreement, then the Arbitral
Tribunal shall decide the venue.
Clause 26: Contractor to Indemnify IITB against Patent Rights
The Contractor shall fully indemnify and keep indemnified the Director IITB 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 IITB 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 Director
IITB 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 27: Lumpsum Provisions in Tender.
When the estimate on which a tender is made includes lump sum in respect of parts of the work,
the Contractor shall be entitled to payment in respect of the items of work involved or the part of the
work in question at the same rates as are payable under this Contract for such items, or if the part
of the work in question is not, in the opinion of the Engineer-in-Charge payable of measurement,
the Engineer-in-Charge may at his discretion pay the lump-sum amount entered in the estimate,
and the certificate in writing of the Engineer-in-Charge shall be final and conclusive against the
Contractor with regard to any sum or sums payable to him under the provisions of the clause.
Clause 28: 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
11, 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 manufacture’s’ specifications, if not available then as per state/ 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 29: Withholding and lien in respect of sum due from Contractor:
(a) 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 or the IITB shall be entitled 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 or the IITB shall be entitled 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 Engineer-in-Charge or
the IITB 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 Engineer-in-Charge of the IITB 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 Engineer-in-Charge or IITB will be kept
withheld or retained as such by the Engineer-in-Charge or IITB till the claim arising out of
or under the Contract is determined by the arbitrator (if the Contract is governed by the
arbitration clause) 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. For the purpose of this clause, where the Contractor is a partnership firm or
a limited company, the Engineer-in-Charge or the IITB shall be entitled to withhold and
also have a lien to retain towards such claimed amount or amounts in whole or in part
from any sum found payable to any partner/limited company as the case may be, whether
in his individual capacity or otherwise.
(b) IITB 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 IITB 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
IITB to the Contractor, without any interest thereon whatsoever.
Provided that the IITB 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 29A: 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 Engineer-in- Charge or
the IITB or any other contracting person or persons through Engineer-in-Charge against any claim
of the Engineer-in-Charge or IITB 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 Engineer- in-
Charge or the IITB or with such other person or persons. It is an agreed term of the Contract that
the sum of money so withheld or retained under this clause by the Engineer-in-Charge or the IITB
will be kept withheld or retained as such by the Engineer-in-Charge or the IITB 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 29B: Employment of coal mining or controlled area labour not Permissible
The Contractor shall not employ coal mining or controlled area labour falling under any category
whatsoever on or in connection with the work or recruit labour from area within a radius of 32 km
(20 miles) of the controlled area. Subject as above the Contractor shall employ imported labour only
i.e., deposit imported labour or labour imported by contractors from area, from which import is
permitted. Where ceiling price for imported labour has been fixed by State or Regional Labour
Committees not more than that ceiling price shall be paid to the labour by the Contractor.
The Contractor shall immediately remove any labourer who may be pointed out by the Engineer
in-Charge as being a coal mining or controlled area labourer. Failure to do so shall render the
Contractor liable to pay to IITB a sum calculated at the rate of Rs.10/- per day per labourer. The
certificate of the Engineer-in-Charge about the number of coal mining or controlled area labourer
and the number of days for which they worked shall be final and binding upon all parties to this
Contract.
It is declared and agreed between the parties that the aforesaid stipulation in this clause is one in
which the public are interested within the meaning of the exception in Section 74 of Indian Contract
Act, 1872.
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 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.
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
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) (in the form of copy of Form-
16 or CPF deduction issued to the Engineers employed by him) along with every on-
account bill/ final bill and shall produce evidence if at any time so required by the Engineer-
in-Charge.
(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 33: Levy/Taxes payable by Contractor:
(i) GST, Building and other Construction Workers Welfare Cess or any other tax, levy or Cess
in respect of input for or output by this Contract shall be payable by the Contractor and IITB
shall not entertain any claim whatsoever in this respect except as provided under Clause
34.
(ii) The Contractor shall deposit royalty and obtain necessary permit for supply of the red bajri,
stone, kankar, etc. from local authorities.
If pursuant to or under any law, notification or order any royalty, cess or the like becomes payable
by the IITB and does not any time become payable by the Contractor to the State Government,
Local authorities in respect of any material used by the Contractor in the works, then in such a
case, it shall be lawful to the IITB and it will have the right and be entitled to recover the amount
paid in the circumstances as aforesaid from dues of the Contractor.
the approved list of contractors of this Department. If, however the Contractor is registered in any
other department, he shall be debarred from tendering in IITB for any breach of this condition.
NOTE: By the term “near relatives” is meant wife, husband, parents and grandparents, children
and grandchildren, brothers and sisters, uncles, aunts and cousins and their corresponding in-
laws.
Clause 37: No Gazetted Engineer to work as Contractor within one year of retirement:
No engineer of gazetted rank or other gazetted officer employed in engineering or administrative
duties in an engineering department of the Government of India shall work as a Contractor or
employee of a Contractor for a period of one year after his retirement from government service
without the previous permission of Government of India in writing. This Contract is liable to be
cancelled if either the Contractor or any of his employees is found at any time to be such a person
who had not obtained the permission of Government of India as aforesaid, before submission of
the tender or engagement in the Contractor’s service, as the case may be.
Clause 38: Theoretical consumption of Material
(i) After completion of the work and also at any intermediate stage in the event of Non
reconciliation of materials issued theoretical quantity of materials used in the work shall be
calculated on the basis and method given hereunder: -
(a) Quantity of cement & bitumen shall be calculated on the basis of quantity of cement &
bitumen required for different items of work as shown in the Schedule of Rates mentioned
in Schedule ’F’. In case any item is executed for which standard constants for the
consumption of cement or bitumen are not available in the above-mentioned
schedule/statement or cannot be derived from the same shall be calculated on the basis of
standard formula to be laid down by the Engineer-in-Charge.
(b) Theoretical quantity of steel reinforcement or structural steel sections shall be taken as the
quantity required as per design or as authorized by Engineer-in- Charge, including
authorized lappages, chairs etc. plus 3% wastage due to cutting into pieces, such
theoretical quantity being determined and compared with the actual, each diameter wise,
section wise and category wise separately.
(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires and cables, pig lead and
G.I./M.S. sheets shall be taken as quantity actually required and measured plus 5% for
wastage due to cutting into pieces (except in the case of G.I./M.S. sheets it shall be 10%),
such determination & comparison being made diameter wise & category wise.
(d) For any other material as per actual requirements.
Over the theoretical quantities of materials so computed a variation shall be allowed as
specified in Schedule ’F’. For non-scheduled items, the decision of Engineer-In-Charge
regarding theoretical quantities of materials which should have been actually used, shall
be final and binding on the Contractor.
(ii) The said action under this clause is without prejudice to the right of the IITB to take action
against the Contractor under any other Conditions of the Contract for not doing the work
according to the prescribed specifications.
(v) The Contractor(s) shall give to the local body, police and other authorities all necessary
notices etc. that may be required by law and obtain all requisite licenses for temporary
obstructions, enclosures etc. and pay all fee, taxes and charges which may be leviable on
account of these operations in executing the Contract. He shall make good any damage to
the adjoining property whether public or private and shall supply and maintain lights either
for illumination or for cautioning the public at night.
(vi) The Contractor(s) shall take all precautions to avoid accidents by exhibiting necessary
caution boards day and night. In case of any accident of labours/ contractual staff the entire
responsibility will rest on the part of the Contractor and any compensation under such
circumstances, if becomes payable, shall be entirely borne by the Contractor.
(vii) The work shall generally be carried out in accordance with the latest “CPWD Specifications”
with up-to-date correction slips, additional/Particular Specifications, architectural/Structural
drawings and as per instructions of Dean (IPS). Any additional item of the work, if taken up
subsequently, shall also confirm to the CPWD / other relevant specifications as mentioned
above.
(viii) Several documents forming the tender are to be taken as mutually complementary to one
another. Detailed drawings shall be followed in preference to small scale drawings and
figured dimensions in preference to scale dimensions.
(ix) There be any difference or discrepancy between the description of items as given in the
schedule of quantities, particular specifications for individual items of work (including
special conditions) and I.S. Codes etc., the following order of preference shall be observed.
b. Particular specifications
c. Special conditions
d. Additional Conditions
from Dean (IPS) / Architect before implementation and this shall be binding on the
Contractor. The Contractor shall submit material submittals along with material
sample for approval of Dean (IPS) / Architect prior to delivery of material at site.
(xii) The work shall be carried out in accordance with the approved architectural drawings,
structural drawings, services drawings to be issued from time to time, by the Engineer-in-
Charge. Before commencement of any item of work the Contractor shall correlate all the
relevant architectural and structural drawings, nomenclature of items and specifications
etc. issued for the work and satisfy himself that the information available from there is
complete and unambiguous. The figure and written dimension of the drawings shall be
superseding the measurement by scale. The discrepancy, if any, shall be brought to the
notice of the Dean (IPS) before execution of the work. The Contractor alone shall be
responsible for any loss or damage occurring by the commencement of work on the basis
of any erroneous and or incomplete information and no claim whatsoever shall be
entertained by the IITB on this account.
(xiii) Unless otherwise provided in the Schedule of quantities vide Part-D2 and the percentage
tendered by the Contractor shall be all inclusive and shall apply to all heights, lifts, leads
and depths of the building and nothing extra shall be payable to him on this account.
(xiv) The Contractor(s) shall take instructions from the Dean (IPS) regarding collection and
stacking of materials at any place. No excavated earth or building rubbish shall be stacked
on areas where other buildings, roads, services and compound walls are to be constructed.
The stacking shall take place as per stacking plan however, if any change is required, the
same shall be done with the approval of Dean (IPS).
(xv) The Contractor shall bear all incidental charges for cartage, storage and safe custody of
materials, if any, issued by IITB as well as to those materials also arranged by the
Contractor.
(xvi) Any cement slurry added over base surface (or) for continuation of concreting for better
bond is deemed to have been built in the items and nothing extra shall be payable or extra
cement considered in consumption on this account.
(xvii) The Contractor shall give performance test of the entire installation(s) as per the
specifications in the presence of the Dean (IPS) or his authorized representative before the
work is finally accepted and nothing extra what-so-ever shall be payable to the Contractor
for such test.
(xviii) Prevention of Nuisance and Pollution Control
The Contractor shall take all necessary precautions to prevent any nuisance or
inconvenience to the owners, tenants or occupiers of adjacent properties and to the public
in general and to prevent any damage to such properties from pollutants like smoke, dust,
noise. The Contractor shall use such methodology and equipment so as to cause minimum
environmental pollution of any kind and minimum hindrance to road users and to occupants
of the adjacent properties or other services running adjacent/near vicinity. The Contractor
shall make good at his cost and to the satisfaction of the Dean (IPS), 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. All waste or
superfluous materials shall be carried away by the Contractor, without any reservation,
entirely to the satisfaction of the Dean (IPS).
(xix) Security and Traffic Arrangements
(xx) In the event of any restrictions being imposed by the Security agency, Traffic or any other
authority having jurisdiction in the area on the working or movement of labour / material,
the Contractor shall strictly follow such restrictions and nothing extra shall be payable to
the Contractor on such accounts. The loss of time on these accounts, if any, shall have to
(xxix) The Contractor will take reasonable precautions to prevent his workman and employees
from removing and damaging any flora (tree/plant/vegetation) from the project area.
6.3.1 Setting out Works:
(i) The Contractor shall carry out survey of the work area, at his own cost, setting out the
layout of buildings/ roads/ services in consultation with the Engineer -in-Charge & proceed
further. Any discrepancy between architectural drawings and actual layout at site shall be
brought to the notice of the Engineer -in-charge. It shall be responsibility of the Contractor
to ensure correct setting out of alignment. Total station survey instruments only shall be
used for layout, fixing boundaries, and centre lines, etc., Nothing extra shall be payable on
this account.
(ii) The Contractor shall establish, maintain and assume responsibility for grades, lines, levels
and benchmarks. He shall report any errors or inconsistencies regarding grades, lines,
levels, dimensions etc. to the Engineer -in-Charge before commencing work.
Commencement of work shall be regarded as the Contractor’s acceptance of such grades,
lines, levels, and dimensions and no claim shall be entertained at a later date for any errors
found.
(iii) If at any time, any error appears due to grades, lines, levels and benchmarks during the
progress of the work, the Contractor shall, at his own expense rectify such error, if so
required, to the satisfaction of the Engineer -in-Charge. Nothing extra shall be payable on
this account.
(iv) The Contractor shall protect and maintain temporary/ permanent benchmarks at the site of
work throughout the execution of work. These benchmarks shall be got checked by the
Dean (IPS) or his authorized representatives. The work at different stages shall be checked
with reference to bench marks maintained for the said purpose. Nothing extra shall be
payable on this account.
(v) The approval by the Dean (IPS) of the setting out by the Contractor, shall not relieve the
Contractor of any of his responsibilities and obligation to rectify the errors/ defects, if any,
which may be found at any stage during the progress of the work or after the completion of
the work.
(vi) 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.
(vii) The Tendered Amount by the Contractor is deemed to be inclusive of site clearance, setting
out work (including marking of reference points, Centre 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 required to complete this work.
Nothing extra shall be payable on this account.
6.3.2 Site Testing Laboratory
A site laboratory with the minimum equipment’s as specified in CPWD specifications/in this
agreement shall be established, made functional and maintained within one month from the
award of work as per clause 10A of schedule A to F without any extra cost to the IITB. In
case of non-compliance / delay in compliance in this, a recovery @ Rs. 500/- per day will
be imposed which will be recovered from the immediate next R/A Bill of the Contractor.
6.3.3 Tools and Plants:
The bidder should have own constructions equipment required for the proper and timely
execution of the work. Nothing extra shall be paid on this account. No tools and plants
including any special T&P etc. shall be supplied by the IITB and the Contractor shall have
to make his own arrangements at his own cost. No claim of hindrance (or any other claim)
shall be entertained on this account.
6.3.4 Scaffolding:
Wherever required for the execution of work, all the scaffolding shall be provided and
suitably fixed, by the Contractor. It shall be provided strictly with steel double scaffolding
system, suitably braced for stability, with all the accessories, gangways, etc. with adjustable
suitable working platforms to access the areas with ease for working and inspection. It shall
be designed to take all incidental loads. It should cater to the safety features for workmen.
Nothing extra shall be payable on this account. It shall be ensured that no damage is caused
to any structure due to the scaffolding.
Steel double scaffolding shall be adopted for all plastering works with strict compliance to
safety regulations as per IS 4014-Part II. Scaffolding shall be properly planned and designed
by the Contractor. It shall be approved by Engineer-In-Charge before commencement of
work. Double scaffolding, sufficiently strong so as to withstand all loads likely to come upon
it and having two sets of vertical supports, shall be provided.
Scaffolding for external plaster shall be supported independent of walls as far as possible
to avoid patchy appearance. Where two sets of supports are not possible, the inner end of
the horizontal scaffolding member shall rest in a hole provided in the masonry. Such holes
shall be filled up immediately after removal of scaffolding with suitable concrete so as not to
exhibit any leakage and dampness.
For internal plastering, scaffolding shall be erected independent of walls. No member of
scaffolding shall be allowed to be housed in the walls being treated with plaster.
The following measures shall be considered while erecting the scaffolding.
1. Sufficient sills or under pinning in addition to base plates shall be provided particularly
where scaffoldings are erected on soft grounds.
2. Adjustable bases to compensate for uneven ground shall be used.
3. Proper anchoring of the scaffolding / staging at reasonable intervals shall be provided
in each case with the main structure, wherever available.
4. Horizontal braces shall be provided to prevent the scaffolding from rocking.
5. Diagonal braces shall be provided continuously from bottom to top between two
adjacent rows of uprights.
6. The scaffolding shall be checked at every stage for plumb line.
7. All nuts and bolts shall be properly tightened.
8. Wherever steel tubes are used care shall be taken that all the clamps/ couplings are
firmly tightened so as to avoid any slippage.
6.3.5 Schedule and Deployments (Personnel and Equipment)
The Contractor shall do proper sequencing of the various activities by suitably staggering
the activities within various pockets in the plot so as to achieve early completion. The
agency to deploy adequate equipment, machinery and labour as required for the
completion of the entire work within the stipulated period specified. Also, ancillary facilities
shall be provided by Contractor commensurate with requirement to complete the entire
work within the stipulated period. Nothing extra shall be payable on this account. Adequate
number/sets of equipment in working condition, along with adequate stand-by
arrangements, shall be deployed during entire construction period. It shall be ensured by
the Contractor that all the equipment, Tools & Plants, machineries etc. provided by him
are maintained in proper working conditions at all times during the progress of the work
and till the completion of the work. Further, all the constructional tools, plants, equipment
and machineries provided by the Contractor, on site of work or his workshop for this work,
shall be exclusively used in the construction of this work and they shall not be shifted/
removed from site without the permission of the Engineer- in- Charge.
6.3.6 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 IITB/ authority / persons concerned, by the Contractor at his own cost.
6.3.7 Royalty:
Royalty at the prevalent rates shall be paid by the Contractor or the RMC supplier as per
the terms of supply between them, on all materials such as boulders, metals, all sizes
stone aggregates, brick aggregates, coarse and fine sand, murum, earth, river sand,
gravels and bajri etc. collected by him for the execution of the work, directly to the revenue
authority of the state government concerned. Further, the Contractor needs to submit proof
of submission of full royalty to the state government or local authority. Nothing extra shall
be payable on this account.
6.3.8 Preservation and Conservation measures
(i) Existing drains, pipes, cables, over-head wires, sewer lines, water lines and similar
services, if any, encountered in the course of the execution of work shall be protected
against the damage by the Contractor at his own expense. In case the same are to be
removed and diverted, expenditure incurred in doing so shall be payable to the Contractor.
The Contractor shall work out the cost, get the same approved by Dean (IPS) before taking
up actual execution. The Contractor shall not store materials or otherwise occupy any part
of the site Ina manner likely to hinder the operation of such services.
(ii) All fossils, coins, articles of value of antiquity, structures and other remains or things of
geological or archaeological interest discovered on project location during
excavation/construction shall be the property of the Government, and shall be dealt with as
per provisions of the relevant legislation. The Contractor will take reasonable precaution to
prevent his work men or any other persons from removing and damaging any such article
or thing. He will, immediately upon discovery thereof and before removal acquaint the
Engineer- in-charge of such discovery and carry out the official instructions of Engineer-in-
charge for dealing with the same, till then all work shall be carried out in a way so as not to
disturb/damage such article or thing.
6.3.9 Responsibility:
(i) He shall protect and indemnify IITB and its officials & employees against any claim and /or
liability arising out of violations of any such laws, ordinances, orders, decrees, by himself
or by his employees or his authorized representatives. Nothing extra shall be payable on
these accounts.
(ii) The Contractor shall assume all liability, financial or otherwise in connection with this
Contract and shall protect and indemnify the IITB from any and all damages and claims
that may arise on any account. The Contractor shall indemnify the IITB against all claims
in respect of patent rights, royalties, design, trademarks- of name or other protected rights,
damages to adjacent buildings, roads or members of public, in course of execution of work
or any other reasons whatsoever and shall himself defend all actions arising from such
claims and shall indemnify the IITB in all respect from such actions, costs and expenses.
Nothing extra shall be payable on this account.
(iii) The entire work up to the plinth level, as required for obtaining approval of the plinth from
the local authority, shall be completed by the Contractor at the same time. Work above
plinth shall be allowed to be carried out only after obtaining plinth approval from the local
body. No delay shall be allowed on this ground and also no claim whatsoever on account
of any delay in approval at plinth level by the local body shall be entertained from the
Contractor. Nothing extra shall be payable on this account.
(iv) On completion of work, the Contractor shall submit required sets of “as built” drawings to
the Dean (IPS) furnishing requisite information for obtaining various service connections.
6.3.10 Co-operation with other contractors / Specialized agencies / Associated
contractors:
(i) The Contractor shall take all precautions to abide by the environmental related restrictions
imposed by any statutory body having jurisdiction in the area 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 and disposed at designated places only. No claim what so ever on account of site
constraints mentioned above or any other site constraints, lack of public transport,
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.
(ii) The Contractor shall cooperate with and provide the facilities to the associate contractors
and other agencies working at site for smooth execution of the work. The Contractor shall
indemnify IITB against any claim(s) arising out of such disputes. The Contractor shall:
g) Adjust work schedule and site activities in consultation with the Engineer-
in-Charge and other contractors to suit the overall schedule completion.
work. The Contractor shall identify and deploy key persons having qualifications and
experience in the similar and other major works, as per the field of their expertise. If during
the course of execution of work, the Dean (IPS) is of the opinion that the deployed staff is
not sufficient or not well experienced, the Contractor shall deploy more staff or better-
experienced staff at site to complete the work with quality and in stipulated time limit.
Principle Technical representative of the Contractor having minimum experience in similar
nature of work as mentioned in the clause 36 of the General Conditions of the Contract,
shall always be available at the site during the actual execution of the work.
6.3.12 Eligible Criteria for specialized sub heads of the Contract Works
1. The successful bidder shall have to associate the specialized agencies / firms for
carrying out each specialized sub heads separately. Eligibility Criteria for each of
specialized Sub Head are as below. However, if the Contractor himself satisfies the
eligibility criteria for any sub head, then the firm may carry out that work after getting
the approval from the Engineer-in- charge.
2. The tenderer whose tender is accepted shall indicate the name(s) of his associated
specialized agencies those fulfilling the eligibility criteria laid down below after award
of work and at least 90 days before commencement of such items for the approval of
the Engineer-in-Charge, whose decision shall be final and binding. If the tenderer,
having valid electrical license applicable for E.I. works, himself fulfils the eligibility
criteria laid down below for associated specialized agencies, then the tenderer shall
not require associating with himself the associated specialized agency.
3. Only reputed, technically qualified /OEM authorized Integrators or companies with
sound financial state having past experience are to be engaged for carrying out sub
head works. The Contractor shall provide necessary Documents, Evidence, Financial
soundness and authorized dealer certificate to support their selection and seek
approval of IITB prior to award of the Work. No traders or fair-weather suppliers
should be engaged in Installation, Supply & Commissioning activity. Joint ventures
are not accepted.
4. List of Specialized Items/Jobs of Electrical & Mechanical Works: Supplying /
Fabrication, installation, testing and commissioning of the following:
I. LIST A
a. Lifts
b. Public address system
c. Security system, rodent control, etc.
d. VRV/VRF Type Air-Conditioning Systems
e. CCTV and Allied Equipment
f. Access Control System
g. IT Networking system
h. SITC of Solar Photo Voltaic Power generation system
i. Electronic / Digital Signages
II. LIST B
a. Electrical supply and Distribution system
b. Heating, Ventilation and Air-conditioning system (excluding VRF)
c. Fire Fighting system (including wet riser and sprinkler system, portable fire
extinguisher)
5 Clean Room (as per ISO standards, 2,48,75,759 1,089 Sq. M of ISO
including clean room paneling and classified Clean room.
entire MEP system)
9. The Main contractor and the associated specialized agencies are required to give
affidavit to confirm their association for Supply, Installation, Testing and
Commissioning. Furthermore, the sub-agency shall provide an undertaking regarding
providing service and maintenance during defect liability period and from the OEMS
to provide all the spares required for healthy functioning of the equipment for at least
seven years from the date of supply of equipment
10. It shall be the responsibility of the Contractor to sort out any dispute / litigation with
the Specialized Agencies without any time & cost overrun to IITB. The Contractor
shall be solely responsible for settling any dispute / litigation arising out of his
agreement with the Specialized Agencies. The Contractor shall ensure that the work
shall not suffer on account of litigation/ dispute between him and the specialized
agencies. No claim of hindrance in the work shall be entertained from the Contractor
on this account. No extension of time shall be granted and no claim whatso ever, of
any kind, shall be entertained from the Contractor on account of delay attributable to
the selection/rejection of the Specialized Agencies or any dispute amongst them.
6.3.13 Quality Assurance and Testing of Materials:
(i) All material to be used in the work shall bear ISI certification mark unless otherwise the
make is specified in the SOQ, list of approved makes and other conditions / specifications,
appended with this tender document. In case ISI mark materials or the materials mentioned
in the tender documents are not available, the material to be used shall conform to CPWD
specifications applicable to this tender and / or national / international codes as approved
by Dean (IPS). In such cases, the Engineer-in- charge shall satisfy himself about the quality
of such materials and give his approval in writing. Only articles classified, as first quality by
the manufacturers / suppliers shall be used in the work, unless otherwise specified. All
materials not having ISI mark, if allowed to be used in the work by Dean (IPS), shall be
tested as per relevant specifications, as approved by the Dean (IPS). In all cases of use of
ISI marked materials, proper proof of procurement of materials from authentic
manufacturers shall be provided by the Contractor to the entire satisfaction of Engineer in
charge. The mass procurement of material should be done only after approval of IITB in
writing.
(ii) The Contractor shall make available, on request from IITB, the copies of challan, cash
memos, receipts and other certificates, if any, vouchers towards the quantity and quality of
various materials procured for the work and the same shall be kept in record. The
Contractor shall also provide information and necessary documentation on the name of the
manufacturer, manufacturer’s product identification, manufacturer’s instructions, warning,
date of manufacturing and test certificates (from manufacturers for the product
(iii) Inspection of Electrical items at Manufacturers works by consultant and client’s
representative will have to be arranged by contractors if it is intended by Engineer in
charge.
(iv) The Contractor has to establish field laboratory at site including all necessary equipment
for field tests as given in Schedule ‘F’. All the relevant and applicable standards and
specifications shall be made available by the Contractor at his cost in the field laboratory.
The Contractor shall designate one of his technical representatives as Quality Assurance
Engineer, who shall be responsible for carrying out all mandatory filed/ laboratory tests.
The Contractor shall also provide adequate supporting staff at his cost for carrying out field
tests, packaging & forwarding of samples for outside laboratory tests and for maintaining
test records. All the registers of tests carried out at site or in outside laboratories shall be
maintained by the Contractor. All the entries in the test register will be made by the
designated engineer of the Contractor and same shall be regularly reviewed by the Dean
(IPS) or his authorized representatives at site.
(v) The Contractor shall submit, immediately after the 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 Dean (IPS). All the materials to be used in the work 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 Dean
(IPS).
(vi) 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 regarding non
availability of the specified brand and also subject to independent verification by the Dean
(IPS). In exceptional cases, where such approval is required, the decision of Dean (IPS)
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 Dean (IPS).
(vii) All materials for construction / incorporation shall be got checked by the Engineer-In-
Charge or his authorized personnel on receipt of the same at site before use.
(viii) 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.
(ix) All expenditure to be incurred for testing of samples like packaging, sealing, transportation,
loading, unloading, necessary personnel assistance in the process etc. including testing
charges shall be borne by the Contractor.
(x) 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.
(xi) Water tanks, taps, sanitary, water supply and drainage pipes, fittings and accessories
should conform to byelaws and municipal body / corporation where CPWD Specifications
are not available. The Contractor should engage licensed plumbers for the work and get
the materials (fixtures/fittings) tested by the Municipal Body/Corporation authorities
wherever required at his own cost.
6.3.14 Program Chart:
(i) The Contractor shall prepare an integrated program chart within fifteen days of issue of
award letter including civil as well as E & M activities for the execution of work, showing
clearly all activities from the start of work to completion, with details of manpower,
equipment and machinery required for the fulfilment of the program within the stipulated
period and submit the same for approval of the Dean (IPS) These shall be submitted by
the Contractor through electronic media besides forwarding hard copies of the same. The
integrated program chart so submitted should not have any discrepancy with the physical
milestones attached in the Contract agreement. The program chart should include the
following: -
etc. shall be removed periodically as directed by the Dean (IPS), from the site of work to
the approved dumping grounds as per the local bye laws and regulations of the concerned
authorities and all necessary permissions in this regard from the local bodies shall be
obtained by the Contractor. Nothing extra shall be payable on this account. In case, the
Contractor is found stacking the building material / malba as stated above, the Contractor
shall be liable to pay the stacking charges/penalty as may be levied by the local body or
any other authority and also to face penal action as per the rules, regulations and bye-laws
of such body or authority. The Engineer –in-Charge shall be at liberty to recover, such sums
due but not paid to the concerned authorities on the above accounts, from any sums due
to the Contractor including amount of the Security Deposit and performance guarantee in
respect of this Contract agreement.
(ii) The Contractor shall take instructions from the Dean (IPS) regarding collection and
stacking of materials at any place. No excavated earth or building rubbish shall be stacked
on areas where other buildings, roads, services and compound walls are to be constructed.
(iii) The Contractor shall take all care to prevent any water- logging at site. The waste water,
slush etc. shall not be allowed to be collected at site. For discharge into public drainage
system, necessary permission shall be obtained from relevant authorities after paying the
necessary charges, if any, directly to the authorities. The work shall be carried out in such
a way that the area is kept clean and tidy. All the fees/charges in this regard shall be borne
by the Contractor. Nothing extra shall be payable on this account.
6.3.16 Inspection of Work:
Officers of IIT Bombay or authorized personnel of IITB shall be inspecting the on-going
work at site at any time with or without prior intimation. The Contractor shall, therefore,
keep updated the following requirements and detailing.
(i) Display Board showing detail of work, weekly progress achieved with respect to targets,
reason of shortfall, status of manpower, wages being paid for different categories of
workers.
(ii) Entrance and area surrounding to be kept cleaned.
(iii) Display layout plan key plan, building drawings including plans, elevations and sections.
(iv) Up to date displays of Bar chart, CPM and PERT etc.
(v) Keep details of quantities executed, balance quantities, deviations, possible Extra item,
substituted Item etc.
(vi) Keep plastic / cloth mounted one sets of building drawings.
(vii) Set of Helmets and safety shoes for exclusive use for officers/dignitaries visiting at site.
6.3.17 Final Testing of the Installation:
The Contractor shall demonstrate trouble free functioning of all the Civil, Mechanical,
Electrical, Plumbing (MEP) installations and services. The Dean (IPS) or his authorized
representatives shall carry out final inspection of the various Civil and MEP services and
installations. Any defect(s) noticed during demonstration shall be rectified by the
Contractor at his own cost to the entire satisfaction of the Dean (IPS). Nothing extra shall
be payable on this account.
6.3.18 Defect Liability Period (Refund of Security Deposit):
The clause 17 of the General Conditions of the Contract shall be applied. The defect
liability / maintenance period shall start after the date of issue of completion certificate.
Besides observing other formalities prescribed in the General Conditions of the Contract,
for release of security deposit, the Contractor shall have to produce a certificate stating
that no defects are pending for rectification from the Dean (IPS), IIT Bombay or any other
accounts.
6.3.21 Facilities for IITB:
(i) The Contractor shall provide, construct and maintain at all times during execution and till
completion of the work, a temporary site office with adequate electrical light fittings, A.C.,
fans, electric/ power points, switches etc. at his cost for exclusive use of the Dean (IPS)
and his authorized representatives, Program Management Consultants and Architects.
Area of such office shall be approximately 160 sqm and shall have required partitions,
doors, windows, locking arrangement etc. with a conference hall for 20 persons with
conference table, chairs etc. all as per direction of Dean (IPS). Adequate toilet facilities
connected to a temporary septic tank /soak pit, drinking water with water purifier & cooler
etc. shall also be provided in the site office. All the water and electricity charges for the site
office shall be borne by the Contractor. The Contractor shall provide one licenced software
PRIMAVERA to IITB.
(ii) The Contractor shall at all reasonable times provide access to the Dean (IPS) or his
authorized representative to the workshops, factories or other places where materials are
stored, for inspection and/or collection of samples. Nothing extra shall be payable on this
account.
6.3.22 Preparation of Mockups and Sample Units:
The Contractor shall prepare & display mock-ups in actual position of each and every item
and obtain approval of Dean (IPS) before execution in masse. The mock up shall be
preserved for the purpose of reference till completion of the item represented by the mock
up. Similarly, the Contractor shall prepare two sample toilet blocks comprising of all
finishes and fittings included in the scope of this Contract. Approval of Dean (IPS) shall be
obtained before taking up finishing works en masse. The work executed in approved mock
ups / sample units in actual position forming part of the main work shall be measured and
paid to the Contractor under the respective items of the Contract. However, any mock-
up/sample not approved shall not be measured and paid. Also, the Contractor shall have
to dismantle and remove the same from the site of work at his cost. However, those mock-
up/ samples not prepared in actual position and not forming the part of main work shall
not be paid.
6.3.23 Standard operating procedure for GRIHA during construction:
1. It is envisaged to obtain minimum 3-star GRIHA rating from TERI for building to be
constructed under this Contract. The Contractor shall strictly adhere to the following
conditions as part of his contractual obligation. Tendered Amount deemed to be
inclusive of expenditure on this account and no extra payment shall be paid for these
compliances.
(i) The Contractor shall give priority to sourcing materials which are manufactured within a
400 km radius of the Project site.
(ii) Barricading of existing retained trees shall be provided with brick foundation single layer,
bamboo/bar supports & covered with transparent green cloth.
(iii) All unaffected trees shall be protected during construction, by ensuring that no fires are lit
below the trees. The Contractor shall also ensure that no trees are used for nailing signage
or are used for support etc.
(iv) Trees that need to be removed for construction shall be removed only after obtaining the
Employer’s prior written permission. Every effort shall be made for transplantation
(v) The site shall be graded to ensure that all the storm water runoffs and site water are
diverted to one or more points, where the storm water runoff and site water shall be filtered
to remove the TSS (totally Suspended Solids) before releasing the water. The Contractor
shall implement the strategies developed by the Green Building Consultants.
(vi) Sedimentation & erosion control system shall be provided by Construction of temporary
sedimentation tank at the lowest level of site. (Dimensions- 2 m X 2 m X 0.6 m) along with
wire mesh filter at the outlet. Once the sediments in Water settle down, the water can be
pumped into the city storm-water drains.
(vii) TOP SOIL PROTECTION: Top soil to be tested by accredited laboratory of ICAR – Indian
Council of Agricultural Research. Parameters to be checked in test are for primary plant
nutrients {Organic Carbon (%), Alkaline KMnO4 Nitrogen (%), Olsen Phosphorus (Kg/ha),
Ammonia Acetate Potassium (mg/g)} and pH. Top soil up to 20 cm in depth to be removed
from the areas proposed for the buildings, roads, paved areas and external services. The
top soil should be stockpiled to a height of 40 cm and reapplied during plantation of the
proposed vegetation.
(viii) Provide minimum level of sanitation/safety facilities for construction workers: The agency
shall ensure compliance with the NBC (latest revision) safety norms for providing the
necessary safety equipment and measures for construction workers. Provisions for
drinking water, healthy and clean-living conditions and sanitation facilities shall be provided
for the workers.
(ix) Barricading of complete site as per MCGM regulations along with suitable gates for
vehicular and personnel movement shall be carried out and removed after completion of
the Project including intermittent removal and re construction as and when needed to
facilitate the construction or ease of movement of the vehicles / machinery / personnel.
(x) Spraying of water on loose soil at site shall be done by the agency at regular interval.
(xi) All the trucks carrying loose material to or from the site shall be covered.
(xii) Wheel washing facility for outgoing vehicles- Gravel bed where truck types will be washed
before exit from site.
(xiii) All entrances and exits shall have patches with khadi placed until the site finishing work
has started. The Contractor shall ensure that the truck tyres are washed before leaving
the site. Wheel washing facility for outgoing vehicles shall have gravel bed where truck
tyres will be washed
(xiv) Efficient water uses during construction: Use waste jute bags to cover columns and beams
during curing.
(xv) Percolation test: A percolation test needs to be carried out to ascertain the recharging rate
of water and to know the ground water table at site.
(xvi) Storage & segregation of recyclable waste generated at site: A separate storage area
(weather proof shed) to be maintained at site for the following materials:
Steel/Aluminium/Metals- Should be sent to recyclers.
a. Municipal Inlet
b. Bore Well inlet
c. STP Outlets
d. Treated water Flushing
e. Treated water Landscaping
(xviii) Firefighting system: It shall be CFC free and Halon free.
(xix) Energy meter for the following: -
(iv) The basic services for workers shall also include adequate drinking water facilities, wet &
dry waste bins, adequate illumination levels in work areas, provision for site emergency
alarm.
(v) A day care / crèche shall be provided if female workers are employed on site.
(vi) Water test report for Drinking water to be conducted from NABL accredited lab
3. The Contractor shall carefully stack and maintain a record of all the debris generated
from construction & demolition activities. The debris shall have to be weighted
and either reused on-site, sold to a recycler or donated and the documentation shall
be in the form of a certificate for each item. Gate passes with the weight of all the
debris shall be provided to the Employers for debris sold to recyclers.
(i) Broken bricks (Brickbats, which may be reused for koba on the Terrace)
(ii) Steel Waste (which may be reused for making PCC structures for mechanical equipment)
(iii) Mortar Waste, Concrete waste and RMC Waste (which may be reused for road soling,
back fill etc.)
(iv) Packaging waste, including cement bags, paint containers equipment packaging etc.
(which may be sold to recyclers/kabaddiwallas)
(v) Carpentry waste – which may be sold to recyclers or donated to labour.
(vi) Tiles waste, False Ceiling waste etc. –which may be used for back fill.
(vii) The Photographs of the waste segregation should be taken at regular intervals.
Note: Points 1, 2 & 3 would be physically verified by the GRIHA team during their site visit
and any non-compliance would result in loss of points and even rating. The compliance
documents will be provided within 20 days after the site visit.
4. The Contractor shall give priority to sourcing materials which are manufactured within
a 400 km radius of the Project site. Materials such as fly-ash bricks, aggregate, sand
etc. shall be obtained from manufacturers located within a 400 km radius of the site.
The Contractor shall obtain the certificate for all such materials in the format prescribed
by the Architects.
5. Following materials should be considered for construction:
(i) RMC – Flyash based cement/ GGBS/ crushed sand/ crushed aggregate
(ii) PPC cement for plaster and mortar
(iii) AAC blocks for external wall assembly
The materials certified by GRIHA should be preferred so that documentation process
is easier. Please refer to the following link - https://www.grihaindia.org/products-
catalogue
6. Materials such as steel, AAC Blocks, glass, tiles, plaster, cement, etc. typically have a
recycled content. The Contractor shall ensure that certificates are obtained from the
manufacturer clearly stating the post-consumer/ postindustrial recycled content of all
materials used in the Project. It shall be the responsibility of the Contractor to obtain
the certificates for materials with a recycled content from the Manufacturers in the
format prescribed by the Architects.
7. All paints, primers, adhesives, sealants, waterproofing chemicals, anti-rusting coats
shall meet the VOC limits specified by IGBC New Building Rating System. The
Contractor shall obtain permission for all the paints, primers, adhesives, sealants,
waterproofing chemicals, anti-rusting coats to be used in the Project. The Contractor
shall obtain the necessary brochures/certificates/MSDS sheets from the
manufacturers. The materials certified by GRIHA should be given preference. Please
refer to the following link - https://www.grihaindia.org/products-catalogue.
8. All composite wood and agri fiber material used in the building including but not limited
to, plywood, laminate, veneer, MDF board, HDF Panel, blockboard, flush doors,
bagasse board, fiber board etc., shall be free from urea-formaldehyde resins. The
Contractor shall obtain certificates from the manufacturers of all such materials used
in the Project mentioning the bonding agent/resin used in the composite wood agri fiber
material. The materials certified by GRIHA should be given preference. Please refer to
the following link - https://www.grihaindia.org/products-catalogue.
9. The Contractor shall exceed the Requirements of "During Construction Indoor Air
Quality Management Guidelines" from National Building Code (NBC) of India, Part 7 –
Constructional Practices and Safety. These include but are not restricted to the
following:
a. All construction activities shall be sequenced and well-coordinated to minimize
disruption of occupied areas.
b. Adequate protection shall be done for on-site and installed absorptive materials from
moisture damage. No installation of moisture damaged products shall be done unless
properly dried.
c. All equipment prone to damage due to dust and/or humidity shall be protected during
construction. Similarly, all openings of ducts and equipment shall be properly sealed,
preferably with plastic material.
d. Implementation of proper housekeeping practices on site to ensure a clean job site to
control potential contaminants such as dirt, dust and debris.
e. Avoid usage of finishing materials with High VOC or formaldehyde levels.
f. Proper isolation and ventilation shall be carried out while using toxic materials.
g. All these activities shall be documented with photographs periodically (at least 18
photographs) on site.
10. A periodic photographic record shall be maintained from the start of construction up to
completion.
11. The Contractor shall develop a spill management plan for management of any diesel /
oil spills on site including HSD used for DG sets during construction.
6.3.24 Air pollution Mitigation:
1. The following air pollution mitigation measures provided by Brihan Mumbai Municipal
Corporation (BMC) as guide lines. The Contractor shall strictly adhere to these guide
lines as below and as issued time to time by BMC as part of his contractual obligation
under this Contract. Tendered Amount deemed to be inclusive of expenditure on this
account and nothing extra shall be paid for these compliances.
(i) All the buildings under construction shall be compulsorily enclosed by green cloth / jute
sheet / tarpaulin from all sides.
(ii) All the structures under demolition shall be covered with tarpaulin / green cloth / jute sheet
from top to bottom. There shall be continuous sprinkling / spraying of water during the
process of demolishing of the structure.
(iii) It shall be ensured that water fogging shall be carried out during loading and unloading of
materials at the construction sites (use of stationary/ mobile anti- smog guns).
(iv) The water sprinkling shall be done on debris / earth material etc. which are prone to
generate air borne particulate matters at all construction sites without fail.
(v) All vehicles carrying construction materials shall be fully covered (i.e. from top and all sides)
so that construction material or debris does not become airborne during transportation and
the vehicle shall not be overloaded to avoid any spillage from the vehicle.
(vi) All construction sites shall install CCTV cameras along the periphery of their work sites to
ensure that vehicles are plying after cleaning tyres and are not overloaded
(vii) All construction sites to deploy sensor-based air pollution monitors at work sites and act
immediately on observing pollution levels exceeding the limit. This monitoring shall be
made available for inspection to BMC authorities as and when demanded.
(viii) All the work sites shall ensure that the grinding, cutting, drilling, sawing and trimming work
is carried out in enclosed area and water sprinkler / water fogging is continuously done
while working to avoid escape of fugitive air. The timeline for procurement of sprinklers
shall be 15 days and for procurement of smog guns shall be 30 days from the issuance of
the Work Order.
(ix) All the construction sites shall ensure that C & D (Construction and Demolition) waste
generated within the premises / site of work is transported to designated unloading site
strictly as per BMC’s C & D Waste Management Plan. After unloading the debris, the
vehicle shall be washed and cleaned thoroughly. The vehicles carrying construction
material or C & D material, if found not adhering to above stated provisions, shall be seized
and impounded by BMC.
(x) All vehicles carrying materials shall have valid PUC certificates and the same shall be
produced as and when asked for by competent authorities.
(xi) Contractor shall engage only those vehicles which possess vehicles tracking system
installed on them.
(xii) The loose soil, sand. construction materials and debris of any kind and quantity shall be
stored in demarcated / dedicated area and properly barricaded, fully covered / enclosed /
protected with tarpaulins. It shall be ensured that there is no dumping of construction
material and debris on public roads, footpaths, pavements and open area.
(xiii) Vehicle tyre washing facility shall be provided at all exit points of construction sites. It shall
be ensured that daily cleaning is carried out for removal of dust by using vacuum sweeping
or water sprinkling, brushing, blooming and sweeping.
(xiv) All the construction personnel / managers shall mandatorily wear personal protective
equipment such as masks, goggles, helmets, etc.
(xv) All the project proponents to ensure that at least 35 feet high tin / metal sheets shall be
erected around the periphery of construction projects having height more than 70 mtr.
(xvi) The construction site shall have barricading of tin / metal sheet erected around periphery
with mandated heights as per the MCGM requirements.
(xvii) Provision of barricading and noise control measures as per the article 19 and article 20
respectively of Spercial Conditions of the Contract shall be strictly followed.
1. IIT Bombay is fully residential and fully operational campus. The bidders are advised to
take utmost care while executing the works that minimum/ no disturbances happen to
the users. The bidder shall also protect site of work from the unauthorized entry of any
persons by erecting necessary barricading. Specifications for the barricading shall be
as provided in the Special Conditions of the Contract.
2. IIT Bombay campus is situated in densely populated locality of Mumbai with huge flow
of traffic in the roads leading to IIT Bombay. The bidders shall fully understand
restrictions before participating in the tender. Nothing extra shall be paid on this
account. No delay or claims of any kind shall be entertained from the Contractor on this
account.
3. Since the campus is fully residential, no concrete plant/ batch mix plant/ ready mix plant
shall be allowed inside the IIT campus. Nothing extra shall be paid on this account.
4. Water only for drinking purposes at labour camp, site offices and at construction site
shall be responsibility of the Contractor.
5. Water for construction purposes shall be responsibility of Contractor. Bore well will be
allowed only after permission from IITB (subjected the quality of water confirms to
CPWD specification /applicable BIS Code and after obtaining all approval from local
body/administration/ competent authority. The contractors shall hand over the bore well
in working condition to IIT after completion of work for which nothing extra shall be paid.
In case approval for drilling bore well not granted by IITB/ local body/ competent
authority, the Contractor shall make own arrangement for tanker water for which
nothing extra shall be paid.
6. Electricity connection shall be provided by IIT at one point near the site. The Contractor
shall make is own arrangement for tapping at multiple locations and distribution network
for which nothing extra shall be paid. Consumption charges as per MSEDCLL TII
Commercial tariffs. The current rates are at Rs 14.11 per unit and Rs.640.00 fixed
monthly charges or as per prevailing rate from time to time shall be payable to IITB by
the Contractor. Before tendering, he shall visit the site and assess the manner in which
he is able to arrange the above facilities. The Dean (IPS) shall in no way be responsible
for any delay on this account and no claim, whatsoever, on this account shall be
entertained. The Contractor shall be required to pay electricity charges at regular
interval as desired by IITB. RA bill/ Final bill shall be paid only after proof of up-to-date
payment of electricity charges submitted to the Engineer-in-Charge.
7. The Contractor shall abide by the rules /bye laws applicable in respect of water
z/electricity connection and he shall be solely responsible for any penalty on account
of violation of any of the rules / bye laws in this regard. The Contractor shall indemnify
the IITB against any claim arising out of pilferage, theft, damage, penalty, non-
settlement of bills etc. whatsoever on this account.
8. Space for site office, site storage yard and worker restrooms (including toilets) shall be
provided in the vicinity of site free of ground rent. The agency shall be required to
establish all such facilities and for which nothing extra shall be paid. It shall be
responsibility of agency to transport the material from material stacking yard to site and
for which nothing extra shall be paid. In case any building or infrastructure work is
required to be executed on the land occupied by the site office/site store/workers rest
room/ labour camp, agency shall relocate these shelters for which nothing extra shall
be paid.
9. Site office facilities for IITB and / or the representatives appointed by IITB (PMC and
Architect Consultants) shall be provided by the Contractor at free of cost on the free
issued land / plot by IITB in the vicinity of the Site / Work as elaborated in the Special
Conditions of the Contract.
10. Contractor shall make temporary access / approach roads to the work site / storage
areas etc. to suite with the movement and loads of the transport vehicles including
smooth movements during monsoon period at free of cost and deemed included in the
Tendered price.
11. The Contractor has to provide creche facility for the children of labour deployed in the
work. The Contractor also has the option of sending children of labour to the creche
facility run by IITB. To avail the facility of IITB run creche facility, the Contractor shall
be required to pay @Rs.18,000/- per month to IITB for contribution towards running of
the creche facility for the full or part month during which such facility was availed. The
Contractor shall be required to pay contribution at regular interval, as desired by IITB.
However, IITB has no liability to run the creche facility in case of any unforeseen
circumstances.
12. Public Health Officer of IITB shall be authorized to check the cleanliness and hygienic
of the site & labour accommodation units and suggestion given by him will be binding
on the Contractor for which nothing extra shall be paid.
13. The Contractor shall be required to strictly follow security norms and procedure in terms
of entry/exit passes to all the vehicles/ persons/ materials, issue/ reissue/ surrender of
labour passes and other rules and regulations that will be brought in force from time to
time by IITB. Any penalty imposed by IIT Bombay for violating security norms will be
immediately paid by the Contractor for which nothing extra shall be paid.
14. All pre-fabrication works wherever possible shall be carried outside the IITB premises
and only assembling and finishing portion of the work shall be at the site of work.
15. Trees existing in the vicinity of construction area need to be preserved throughout the
time till final handing over of the building to IITB. The agency shall take every measure
for protection of such trees and nothing extra shall be paid on this account.
16. Space of about 500 Sq. M designated place for labour accommodation shall be
provided within the campus. Whole area of labour accommodation shall be cordoned
off by erecting GI Sheet of height 3.5 metre for which nothing extra shall be paid. The
Bidder Shall be required to construct labour accommodation neatly with proper
sanitation including soak pit etc. The bidder shall follow security regulations issued by
IITB from Time to time. Nothing extra shall be paid on this account. Bidder shall be
required to pay at Rs.40 / month (Including applicable GST) per Sq. M or part thereof
to IITB toward licence fee for the area being used for labour hutment. After completion
of work area shall be handed over in original condition.
17. Contractor shall be responsible to establish the Closed-Circuit Television (CCTV)
Surveillance system for the entire construction Site throughout the Construction activity
right from the taking over the Site and till handed over the Building and Facility to IITB.
18. CCTV Surveillance system of HD quality shall be included with the necessary
hardware, software, networking cables, switches, signal boosters etc. for construction
site shall cater minimum requirements but not limited to the following:
• Real time viewing, watching progress as it unfolds
• Record of constant traffic all day long and during the night
• keeping track of all the construction and other activities that occur at the site on day-
to-day basis
• Archiving, all major project milestones saved and logged
• Embeddable video (java script), to view any of the site related feeds on the website
• CCTV camera shall act as deterrent against crime and vandalism at site
• CCTV cameras shall be able to provide a virtual experience of going around the
entire site to determine the progress of work and current worker’s activities at site.
• Tim lapse video of the construction progress from commencement to till date of the
request
The cost towards CCTV Surveillance system establishment and removal after
completing the project is deemed included in the tendered amount and shall not be
paid separately.
19. Barricading for the working areas, labour hutments and Contractor’s site setup
i. Preamble
All the working areas shall be provided with opaque barricade of minimum height as per the
guidelines issued by BMC regarding “Air Pollution Mitigation” vide Circular u/No.
MCG/F/1102 dated 25.10.2023 and any other revisions or circulares on the subject issued
time to time during construction period of the Project. The Contractor shall be familiarized
himself with the extent of site and its surroundings for assessing the requirement of
barricading. The barricading shall be designed to suite with the site conditions and the
required height of barricading as per the guidelines and shall be retained and maintained
during the entire duration of the construction work and shall be removed only after approval
of the Engineer in Charge.
The construction area to be covered shall include the footprint of the building or facility under
construction, the area of external development including fire safety road if specified.
Barricading shall be provided giving a setback of at least 3.00 M around the construction area
to the extent possible.
The working space required for construction activities such as contractor’s office space,
material storage area, circulation space for construction vehicles, bar bending yard, space
required for temporary stacking of excavated earth during construction, and all construction
site installations shall be properly barricaded.
Labour hutment area if provided shall have a barricading to the required height as per MCGM
/ labour laws etc. but not less than 3.0 mtrs.
The Barricading of required height as mandated by MCGM time to time shall be by using pre
painted tin / metal sheets of suitable gauge which shall be governed by the design and
engineering without any gaps / spaces with designed structural arrangement including
foundations to suite with the site conditions. Contractor shall obtain the approval from
Engineer-In-Charge with respect to the Barricading specification, structural design drawing
and aesthetic visibility. Contractor shall maintain the Barricading in its original condition till
completion of the Project. Rust free Barricading throughout the duration of the Contract is
responsibility of the Contractor.
The entire cost of providing, installing, maintaining the Barricading rust free and aesthetic
way till completion of the Project and removing the barricading including its foundations and
making the ground to its original condition shall be obligation of the Contractor under the
Contract and cost towards the same shall be included in the tendered amount. No separate
payment shall be made for the same.
Noise level during the day time – The contractor shall ensure that the activities that generate
noise are allowed generally during 0900 hours to 1800 Hours of the day. Contractor may
seek Engineer-In-Charge approval for any such work for extended hours but only up to 2200
Hrs. Engineer-In-Charge shall approve the same after examining on case by case the
requirement and necessitated duration and Contractor shall not have recourse on the same.
General sound level shall be maintained maximum up to 65 dB.
Sound level at from 1800 Hour till 2200 Hours shall be maximum 45 dB.
All noise making activities in the construction area within the building under construction shall
be properly walled and sound absorbing muffler arrangements shall be made.
While carrying the noise causing activities, Contractor shall observe Noise Pollution
(Regulation & Control) Rules 2000 and the provisions of notification issued by Ministry of
Environment & Forest Department from time to time shall be observed.
It is the responsibility of the contractor to ensure that the noise does not spread beyond the
barricaded area. The sound level shall not be allowed to exceed 45 dB level outside the
barricade.
Controlling the Noise pollution shall be obligation of the Contractor under the Contract and
cost towards the same shall be included in the tendered amount. No separate payment shall
be made for the same.
7. SAFETY CODE
1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done
from the ground, or from solid construction except such short period work as can be done
safely from ladders. When a ladder issued, 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 (12 ft.) above the ground or floor, swung or suspended
from an overhead support or erected with stationary support shall have a guard rail properly
attached or bolted, braced and otherwise secured at least 90 cm. (3 ft.) high above the floor or
platform of such scaffolding or staging and extending along the entire length of the outside and
ends thereof 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 s
ag unduly or unequally, and if the height of the platform or the gangway or the stairway is more
than 3.6m(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 ladders shall be over 9 m. (30 ft.) in
length while the width between side rails in rung ladder shall in no case be less than 29 cm.
(11½”) for ladder up to 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. Excavation and Trenching - All trenches 1.2 m. (4 ft.) or more in depth, shall at all times be
supplied with at least one ladder for each 30 m. (100 ft.) in length or fraction thereof, Ladder
shall extend from bottom of the trench to at least 90 cm. (3 ft.) above the surface of the ground.
The side of the trenches which are 1.5 m. (5 ft.) or more in depth shall be stepped back to give
suitable slope or securely held by timber bracing, so as to avoid the danger of sides collapsing.
The excavated materials shall not be placed within 1.5 m. (5 ft.) of the edges of the trench or
half of the depth of the trench whichever is more. Cutting shall be done from top to bottom.
Under no circumstances, undermining or undercutting shall be done.
ix. Workers should not be allowed to work inside the manhole continuously. He
should be given rest intermittently. The Engineer-in-Charge shall decide the
time up to which a worker may be allowed to work continuously inside the
manhole.
x. Gas masks with Oxygen Cylinder should be kept at site for use in emergency.
xi. Air-blowers should be used for flow of fresh air through the manholes.
Whenever called for, portable air blowers are recommended for ventilating
the manholes. The Motors for these shall be vapour proof and of totally
enclosed type. Non sparking gas engines also could be used but they should
be placed at least 2 metres away from the opening and on the leeward side
protected from wind so that they will not be a source of friction on any
inflammable gas that might be present.
xii. The workers engaged for cleaning the manholes/sewers should be properly
trained before allowing to work in the manhole.
xiii. The workers shall be provided with Gumboots or non-sparking shoes bump
helmets and gloves non sparking tools safety lights and gas masks and
portable air blowers (when necessary). They must be supplied with barrier
cream for anointing the limbs before working inside the sewer lines.
xiv. Workmen descending a manhole shall try each ladder stop or rung carefully
before putting his full weight on it to guard against insecure fastening due to
corrosion of the rung fixed to manhole well.
xv. If a man has received a physical injury, he should be brought out of the sewer
immediately and adequate medical aid should be provided to him.
xvi. The extent to which these precautions are to be taken depend on individual
situation but the decision of the Engineer-in-Charge regarding the steps to be
taken in this regard in an individual case will be final.
9. The Contractor shall not employ men and women below the age of 18 years on the work of
painting with products containing lead in any form. Wherever men above the age of 18 are
employed on the work of lead painting, the following precaution should be taken: -
a. No paint containing lead or lead products shall be used except in the form of paste or
readymade paint.
b. Suitable face masks should be supplied for use by the workers when paint is applied
in the form of spray or a surface having lead paint is dry rubbed and scrapped.
c. Overalls shall be supplied by the contractors to the workmen and adequate facilities
shall be provided to enable the working painters to wash during and on the cessation
of work.
10. Workmen executing work on scaffolds or other structures above specified height shall be
provided with full body harness and fall arresters.
11. An additional clause (viii)(i) of Central Public Works Department Safety Code (iv) the Contractor
shall not employ women and men below the age of 18 on the work of painting with product
containing lead in any form, wherever men above the age of 18 are employed on the work of
lead painting, the following principles must be observed for such use:
(a) White lead, sulphate of lead or product containing this pigment, shall not be used in
painting operation except in the form of pastes or paint ready for use.
(b) Measures shall be taken, wherever required in order to prevent danger arising from the
application of a paint in the form of spray.
(c) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust
caused by dry rubbing down and scraping.
(d) Adequate facilities shall be provided to enable working painters to wash during and on
cessation of work.
(e) Overall, shall be worn by working painters during the whole of working period.
(f) Suitable arrangement shall be made to prevent clothing put off during working hours
being spoiled by painting materials.
(g) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be
subsequently verified by medical man appointed by competent authority of IITB
(h) IITB may require, when necessary medical examination of workers.
(i) Instructions with regard to special hygienic precautions to be taken in the painting trade
shall be distributed to working painters.
12. When the work is done near any place where there is risk of drowning, all necessary equipment’s
should be provided and kept ready for use and all necessary steps taken for prompt rescue of
any person in danger and adequate provision, should be made for prompt first aid treatment of
all injuries likely to be obtained during the course of the work.
13. Use of hoisting machines and tackle including their attachments, anchorage and supports shall
conform to the following standards or conditions: -
(a) These shall be of good mechanical construction, sound materials and adequate strength
and free from patent defects and shall be kept repaired and in good working order.
(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.
(c) 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.
(d) 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.
(e) In case of departmental machines, the safe working load shall be notified by the Electrical
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.
14. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances
should be provided with efficient safeguards. Hoisting appliances should be provided with such
means as will reduce to the minimum the risk of accidental descent of the load. Adequate
precautions should be taken to reduce to the minimum 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.
15. 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.
16. 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.
17. To ensure effective enforcement of the rules and regulations relating to safety precautions the
arrangements made by the Contractor shall be open to inspection by the Labour Officer or
Engineer-in-Charge of the department or their representatives.
18. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the
Contractor from the operations of any other Act or Rule in force in the Republic of India.
(d) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration
indicated on the label.
(i) 1 snakebite lancet.
(ii) 1 (30 gms.) bottle of potassium permanganate crystals.
(iii) 1 pair scissors.
(e) 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service
and Labour Institutes, Government of India.
(i) 1 bottle containing 100 tablets (each of 5 gms.) of aspirin.
(ii) Ointment for burns.
(iii) A bottle of suitable surgical antiseptic solution.
(f) For workplaces in which the number of contract labour exceed 50. Each first-aid box
shall contain the following equipment’s.
(i) 12 small, sterilised dressings.
(ii) 6 medium size sterilised dressings.
(iii) 6 large size sterilised dressings.
(iv) 6 large size sterilised burn dressings.
(v) 6 (15 gms.) packets sterilised cotton wool.
(vi) 1 (60 ml.) bottle containing a two per cent alcoholic solution iodine.
(vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of
administration indicated on the label.
(viii) 1 roll of adhesive plaster.
(ix) 1 snake bite lancet.
(x) 1 (30 gms.) bottle of potassium permanganate crystals.
(xi) 1 pair scissors.
(xii) 1 copy of the first-aid leaflet issued by the Director General Factory Advice
Service and Labour Institutes /Government of India.
(xiii) A bottle containing 100 tablets (each of 5 gms.) of aspirin.
(xiv) Ointment for burns.
(xv) A bottle of suitable surgical antiseptic solution.
(g) Adequate arrangements shall be made for immediate recoupment of the equipment
when necessary.
(h) The first-aid box shall be kept in charge of a responsible person who shall always be
readily available during the working hours of the work place.
(i) A person in charge of the First-aid box shall be a person trained in First-aid treatment
in the work places where the number of contract labour employed is 150 or more.
(j) In work places where the number of contract labour employed is 500 or more and
hospital facilities are not available within easy distance from the works. First-aid posts
shall be established and run by a trained compounder. The compounder shall be on
duty and shall be available at all hours when the workers are at work.
(k) Where work places are situated in places which are not towns or cities, a suitable motor
transport shall be kept readily available to carry injured person or person suddenly
taken ill to the nearest hospital.
D. DRINKING WATER
(a) In every work place, there shall be provided and maintained at suitable places, easily
accessible to labour, a sufficient supply of cold water fit for drinking.
(b) Where drinking water is obtained from an Intermittent public water supply, each work
place shall be provided with storage where such drinking water shall be stored.
(c) Every water supply or storage shall be at a distance of not less than 50 feet from any
latrine drain or other source of pollution. Where water has to be drawn from an existing
well which is within such proximity of latrine, drain or any other source of pollution, the
well shall be properly chlorinated before water is drawn from it for drinking. All such
wells shall be entirely closed in and be provided with a trap door which shall be dust
and waterproof.
(d) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked
and opened only for cleaning or inspection which shall be done at least once a month.
E. WASHING FACILITIES
(a) In every work place adequate and suitable facilities for washing shall be provided and
maintained for the use of contract labour employed therein.
(b) Separate and adequate cleaning facilities shall be provided for the use of male and
female workers.
(c) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic
condition.
F. LATRINES AND URINALS
(a) Latrines shall be provided in every work place on the following scale namely: -
(b) Where female is employed, there shall be at least one latrine for every 25 females.
(c) Where males are employed, there shall be at least one latrine for every 25 males.
(d) Provided that, where the number of males or females exceeds 100, it shall be sufficient
if there is one latrine for 25 males or females as the case may be up to the first 100,
and one for every 50 thereafter.
(e) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall
have a proper door and fastenings
(f) Construction of latrines: The inside walls shall be constructed of masonry or some
suitable heat- resisting non-absorbent materials and shall be cement washed inside
and outside at least once a year, Latrines shall not be of a standard lower than borehole
system.
(g) Where workers of both sexes are employed, there shall be displayed outside each block
of latrine and urinal, a notice in the language understood by the majority of the workers
“For Men only” or “For Women Only” as the case may be.
(h) The notice shall also bear the figure of a man or of a woman, as the case may be.
(i) There shall be at least one urinal for male workers up to 50 and one for female workers
up to fifty employed at a time, provided that where the number of male or female
workmen, as the case may be exceeding 500, it shall be sufficient if there is one urinal
for every 50 males or females up to the first 500 and one for every 100 or part thereafter.
(i) The latrines and urinals shall be adequately lighted and shall be maintained in a
clean and sanitary condition at all times.
(ii) Latrines and urinals other than those connected with a flush sewage system shall
comply with the requirements of the Public Health Authorities.
(j) Water shall be provided by means of tap or otherwise so as to be conveniently
accessible in or near the latrines and urinals.
(k) Disposal of excreta: - Unless otherwise arranged for by the local sanitary authority,
arrangements for proper disposal of excreta by incineration at the work place shall be
made by means of a suitable incinerator. Alternately excreta may be disposed of by
putting a layer of night soil at the bottom of a pucca tank prepared for the purpose and
covering it with a 15 cm. layer of waste or refuse and then covering it with a layer of
earth for a fortnight (when it will turn to manure).
(l) The Contractor shall at his own expense, carry out all instructions issued to him by the
Engineer-in- Charge to effect proper disposal of night soil and other conservancy work
in respect of the Contractor’s workmen or employees on the site. The Contractor shall
be responsible for payment of any charges which may be levied by Municipal or
Cantonment Authority for execution of such on his behalf.
G. PROVISION OF SHELTER DURING REST
At every place there shall be provided, free of cost, four suitable sheds, two for meals
and the other two for rest separately for the use of men and women labour. The height
of each shelter shall not be less than 3 metres (10 ft.) from the floor level to the lowest
part of the roof. These shall be kept clean and the space provided shall be on the basis
of 0.6 sq.m. per head.
Provided that the Engineer-in-Charge may permit subject to his satisfaction, a portion
of the building under construction or other alternative accommodation to be used for the
purpose.
H. CRECHES
(a) At every work place, at which 20 or more women worker are ordinarily employed, there
shall be provided two rooms of reasonable dimensions for the use of their children
under the age of six years. One room shall be used as a play room for the children and
the other as their bedroom. The rooms shall be constructed with specifications as per
clause 19H (ii) a,b& c.
(b) The rooms shall be provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweepers to keep the places clean.
(c) The Contractor shall supply adequate number of toys and games in the play room and
sufficient number of cots and beddings in the bed room.
(d) The Contractor shall provide one ayaa to look after the children in the creche when the
number of women workers does not exceed 50 and two when the number of women
workers exceed 50.
(e) The use of the rooms earmarked as creches shall be restricted to children, their
attendants and mothers of the children.
I. CANTEENS
(a) In every work place where the work regarding the employment of contract labour is
likely to continue for six months and where in contract labour numbering one hundred
or more are ordinarily employed, an adequate canteen shall be provided by the
Contractor for the use of such contract labour.
(b) The canteen shall be maintained by the Contractor in an efficient manner.
(c) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and
washing places separately for workers and utensils.
(d) The canteen shall be sufficiently lighted at all times when any person has access to it.
(e) The floor shall be made of smooth and impervious materials and inside walls shall be
lime-washed or colour washed at least once in each year.
(f) Provided that the inside walls of the kitchen shall be lime-washed every four months.
(g) The premises of the canteen shall be maintained in a clean and sanitary condition.
(h) Waste water shall be carried away in suitable covered drains and shall not be allowed
to accumulate so as to cause a nuisance.
(i) Suitable arrangements shall be made for the collection and disposal of garbage.
(j) The dining hall shall accommodate at a time 30 per cent of the contract labour working
at a time.
(k) The floor area of the dining hall, excluding the area occupied by the service counter
and any furniture except tables and chairs shall not be less than one square metre per
diner to be accommodated as prescribed in sub-Rule 9.
(i) A portion of the dining hall and service counter shall be partitioned off and
reserved for women workers in proportion to their number.
(ii) Washing places for women shall be separate and screened to secure privacy.
(a) Sufficient tables stools, chair or benches shall be available for the number of diners to
be accommodated as prescribed in sub-Rule 9.
(b) There shall be provided and maintained sufficient utensils crockery, furniture and any
other equipment necessary for the efficient running of the canteen.
(c) The furniture utensils and other equipment shall be maintained in a clean and hygienic
condition.
(d) Suitable clean clothes for the employees serving in the canteen shall be provided and
maintained.
(e) A service counter, if provided, shall have top of smooth and impervious material.
(f) Suitable facilities including an adequate supply of hot water shall be provided for the
cleaning of utensils and equipment’s.
(g) The food stuffs and other items to be served in the canteen shall be in conformity with
the normal habits of the contract labour.
(h) The charges for food stuffs, beverages and any other items served in the canteen shall
be based on ‘No profit, No loss’ and shall be conspicuously displayed in the canteen.
(i) In arriving at the price of foodstuffs, and other article served in the canteen, the
following items shall not be taken into consideration as expenditure namely:-
(i) The rent of land and building.
(ii) The depreciation and maintenance charges for the building and equipment
provided for the canteen.
(iii) The cost of purchase, repairs and replacement of equipment including furniture,
crockery, cutlery and utensils.
(iv) The water charges and other charges incurred for lighting and ventilation.
(v) The interest and amounts spent on the provision and maintenance of equipment
provided for the canteen.
(j) The accounts pertaining to the canteen shall be audited once every 12 months by
registered accountants and auditors.
J. ANTI-MALARIAL PRECAUTIONS:
(a) The Contractor shall at his own expense, conform to all anti-malarial instructions given
to him by the Engineer- in-Charge including the filling up of any borrow pits which may
have been dug by him.
(b) The above rules shall be incorporated in the contracts and in notices inviting tenders
and shall form an integral part of the contracts.
K. AMENDMENTS
Government may, from time to time, add to or amend these rules and issue direction– - it may
consider necessary for the purpose of removing any difficulty which may arise in the
administration thereof.
languages spoken by the majority of the workers giving the minimum rates of wages
fixed under Minimum Wages Act, the actual wages being paid, the hours of work for
which such wage are earned, wages periods, dates of payments of wages and other
relevant information as per Appendix ‘III’.
D. PAYMENT OF WAGES
(a) The Contractor shall fix wage periods in respect of which wages shall be payable.
(b) No wage period shall exceed one month.
(c) The wages of every person employed as contract labour in an establishment or by a
Contractor where less than one thousand such persons are employed shall be paid
before the expiry of seventh day and in other cases before the expiry of tenth day after
the last day of the wage period in respect of which the wages are payable.
(d) Where the employment of any worker is terminated by or on behalf of the Contractor
the wages earned by him shall be paid before the expiry of the second working day
from the date on which his employment is terminated.
(e) All payment of wages shall be made on a working day at the work premises and during
the working time and on a date notified in advance and in case the work is completed
before the expiry of the wage period, final payment shall be made within 48 hours of
the last working day.
(f) Wages due to every worker shall be paid to him direct by Contractor through Bank or
ECS or online transfer to his bank account.
(g) All wages shall be paid through Bank or ECS or online transfer.
(h) Wages shall be paid without any deductions of any kind except those specified by the
Central Government by general or special order in this behalf or permissible under the
Payment of Wages Act 1956.
(i) A notice showing the wages period and the place and time of disbursement of wages
shall be displayed at the place of work and a copy sent by the Contractor to the
Engineer-in-Charge under acknowledgment.
(j) It shall be the duty of the Contractor to ensure the disbursement of wages through bank
account of labour.
(k) The Contractor shall obtain from the Junior Engineer or any other authorised
representative of the Engineer- in-Charge as the case may be, a certificate under his
signature at the end of the entries in the “Register of Wages” or the “Wage-cum-Muster
Roll” as the case may be in the following form: -
(l) “Certified that the amount shown in column No ................................ has been paid to
the workman concerned through bank account of labour on ................................
at………”
E. FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES
(a) The wages of a worker shall be paid to him without any deduction of any kind except
the following: -
(b) Fines
(c) Deductions for absence from duty i.e., from the place or the places where by the terms
of his employment he is required to work. The amount of deduction shall be in
proportion to the period for which he was absent.
(d) Deduction for damage to or loss of goods expressly entrusted to the employed person
for custody or for loss of money or any other deduction which he is required to account,
where such damage or l
(e) Deduction for recovery of advances or for adjustment of overpayment of wages,
advances granted shall be entered in a register.
(f) Any other deduction which the Central Government may from time to time allow.
(g) No fines should be imposed on any worker save in respect of such acts and omissions
on his part as have been approved of by the Chief Labour Commissioner.
Note: - An approved list of Acts and Omissions for which fines can be imposed is enclosed at
Appendix-X
(h) No fine shall be imposed on a worker and no deduction for damage or loss shall be
made from his wages until the worker has been given an opportunity of showing cause
against such fines or deductions.
(i) The total amount of fine which may be imposed in any one wage period on a worker
shall not exceed an amount equal to three paise in a rupee of the total wages, payable
to him in respect of that wage period.
(j) No fine imposed on any worker shall be recovered from him by instalment, or after the
expiry of sixty days from the date on which it was imposed.
(k) Every fine shall be deemed to have been imposed on the day of the act or omission in
respect of which it was imposed.
F. LABOUR RECORDS
(a) The Contractor shall maintain a Register of persons employed on work on contract in
Form XIII of the CL(R&A) Central Rules 1971 (Appendix IV)
(b) The Contractor shall maintain a Muster Roll register in respect of all workmen employed
by him on the work under Contract in Form XVI of the CL (R&A) Rules 1971 (Appendix
V).
(c) The Contractor shall maintain a Wage Register in respect of all workmen employed by
him on the work under contract in Form XVII of the CL (R&A) Rules 1971 (Appendix
VI).
(d) Register of accidents - The Contractor shall maintain a register of accidents in such
form as may be convenient at the work place but the same shall include the following
particulars:
(e) Full particulars of the labourers who met with accident.
(f) Rate of Wages.
(g) Sex
(h) Age
(i) Nature of accident and cause of accident.
(j) Time and date of accident.
(k) Date and time when admitted in Hospital,
(l) Date of discharge from the Hospital.
(m) Period of treatment and result of treatment.
(n) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
(o) Claim required to be paid under Workmen’s Compensation Act.
(p) Date of payment of compensation.
(q) Amount paid with details of the person to whom the same was paid.
(r) Authority by whom the compensation was assessed.
(s) Remarks
(t) The Contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules
1971 (Appendix-XI)
(u) The Contractor shall display in a good condition and in a conspicuous place of work
the approved list of acts and omissions for which fines can be imposed (Appendix-X)
(i) The Contractor shall maintain a Register of deductions for damage or loss in
Form XX of the CL (R&A) Rules 1971 (Appendix-XII)
(ii) The Contractor shall maintain a Register of Advances in Form XXIII of the CL
(R&A) Rules 1971(Appendix-XIII)
(iii) The Contractor shall maintain a Register of Overtime in Form XXIII of the CL
(R&A) Rules 1971(Appendix-XIV).
G. ATTENDANCE CARD-CUM-WAGE SLIP
(a) The Contractor shall issue an Attendance card-cum-wage slip to each workman
employed by him in the specimen form at (Appendix-VII).
(b) The card shall be valid for each wage period.
(c) The Contractor shall mark the attendance of each workman on the card twice each
day, once at the commencement of the day and again after the rest interval, before he
actually starts work.
(d) The card shall remain in possession of the worker during the wage period under
reference.
(e) The Contractor shall complete the wage slip portion on the reverse of the card at least
a day prior to the disbursement of wages in respect of the wage period under reference.
(f) The Contractor shall obtain the signature or thumb impression of the worker on the
wage slip at the time of disbursement of wages and retain the card with himself.
H. EMPLOYMENT CARD
The Contractor shall issue an Employment Card in Form XIV of the CL (R&A) Central
Rules 1971 to each worker within three-days of the employment of the worker
(Appendix-VIII).
I. SERVICE CERTIFICATE
On termination of employment for any reason whatsoever the Contractor shall issue to
the workman whose services have been terminated, a Service certificate in Form XV
of the CL (R&A) Central Rules 1971 (Appendix-IX).
J. PRESERVATION OF LABOUR RECORDS
All records required to be maintained under Regulations Nos. 6 & 7 shall be preserved
in original for a period of three years from the date of last entries made in them and
shall be made available for inspection by the Engineer-in-Charge or Labour Officer or
any other officers authorised by the Ministry of Urban Development in this behalf.
K. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY
The Labour Officer or any person authorised by Central Government on their behalf
shall have power to make enquires with a view to ascertaining and enforcing due and
proper observance of Fair Wage Clauses and the Provisions of these Regulations. He
shall investigate into any complaint regarding the default made by the Contractor or
subcontractor in regard to such provision.
L. REPORT OF LABOUR OFFICER
The Labour Officer or other persons authorised as aforesaid shall submit a report of
result of his investigation or enquiry to the Executive Engineer concerned indicating the
extent, if any, to which the default has been committed with a note that necessary
deductions from the Contractor’s bill be made and the wages and other dues be paid to
the labourers concerned. In case an appeal is made by the Contractor under Clause 13
of these regulations, actual payment to labourers will be made by the Executive
Engineer after the Superintending Engineer has given his decision on such appeal.
(a) The Executive Engineer shall arrange payments to the labour concerned within 45 days
from the receipt of the report form the Labour Officer or the Superintending Engineer
as the case may be.
Appendix IV
Appendix VIII
Appendix X
(DECLARATION BY IITB)
To,
……………………………………….
………………………………………
………………………………………
Dear Sir,
It is here by declared that IITB 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
Bidder will sign the integrity Agreement, which is an integral part of tender / bid documents, failing
which the tenderer / bidder will stand disqualified from the tendering process and the bid of the
bidder 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 IITB.
Yours faithfully
INTEGRITY PACT
To,
………………………………………
……………………………………
Dear Sir,
I/We acknowledge that IITB is committed to follow the principles thereof as enumerated in the
Integrity Agreement enclosed with the tender/bid 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 BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE AND
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 Contract,
which will come into existence when tender/bid is finally accepted by IITB. I/We acknowledge and
accept the duration of the Integrity Agreement, which shall be in line with Para 6 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/bid, IITB shall have unqualified, absolute and unfettered right to disqualify
the tenderer/bidder and reject the tender/bid in accordance with the terms and conditions of the
tender/ bid.
Yours faithfully
INTEGRITY AGREEMENT
This Integrity Agreement is made at ................ on this ............ day of ............ 20 .....
BETWEEN
(Address of Division)
‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof
include its successors and permitted assigns)
AND
..................................................................................................................................................
“Bidder/Contractor” and which expression shall unless repugnant to the meaning or context
hereof include its successors and permitted assigns)
Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No_____ ) (hereinafter
Referred to as “Tender / Bid”) and intends to award, under laid down organizational procedure,
Contract for Construction of -
______________________________________________________(Name of work).
AND WHEREAS the Principal / Owner values full compliance with all relevant laws of the land,
rules, regulations, economic use of resources and of fairness / transparency in its relation with its
Bidder(s) and Contractor(s).
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this
Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions
of which shall also be read as integral part and parcel of the Tender / Bid documents and Contract
between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties
hereby agree as follows cv and this Pact witnesses as under:
(3). The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or
be an accessory to such offences.
(4). The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in
fraudulent practice means a wilful 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 Government interests.
(5). The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use Coercive
Practices (means 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 that may be available to the Principal/Owner under law or the Contract
or its established policies and laid down procedures, the Principal/Owner shall have the following rights
in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor
accepts and undertakes to respect and uphold the Principal/Owner’s absolute right:
(1). If the Bidder(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 Principal/Owner after giving 14 days’ notice to
the contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from the Tender
process or terminate/determine the Contract, if already executed or exclude the
Bidder/Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of transgression and determined by the
Principal/Owner. Such exclusion may be forever or for a limited period as decided by the
Principal/Owner.
(2). Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has
disqualified the Bidder(s)from the Tender process prior to the award of the Contract or
terminated/determined the Contract or has accrued the right to terminate/determine the Contract
according to Article 3(1), the Principal / Owner apart from exercising any legal rights that may
have accrued to the Principal / Owner, may in its considered opinion forfeit the entire amount of
Earnest Money Deposit, Performance Guarantee and Security Deposit of the Bidder/Contractor.
(3). Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor,
or of an employee or a representative or an associate of a Bidder or Contractor which constitutes
corruption within the meaning of IPC Act, or if the Principal/Owner has substantive suspicion in
this regard, the Principal/Owner will inform the same to law enforcing agencies for further
investigation.
Article 4: Previous Transgression
(1). The Bidder declares that no previous transgressions occurred in the last 5 years with any other
Company in any country confirming to the anticorruption approach or with Central Government
or State Government or any other Central/State Public Sector Enterprises in India that could
justify his exclusion from the Tender process.
(2). If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender
process or action can be taken for banning of business dealings/ holiday listing of the
Bidder/Contractor as deemed fit by the Principal / Owner.
(3). If the Bidder / Contractor can prove that he has resorted / recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal/Owner may, at its own
discretion, revoke the exclusion prematurely.
Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors
(1). The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in
conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s)
of the principles laid down in this agreement / Pact by any of its Subcontractors / sub-vendors.
(2). The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and
Contractors.
(3). The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between
the Principal/ Owner and the bidder, along with the Tender or violate its provisions at any stage
of the Tender process, from the Tender process.
Article 6- Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the Contractor, 12 months
after the completion of work under the Contract or till the continuation of defect liability period,
whichever is more and for all other bidders, till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite
the lapse of this Pacts as specified above, unless it is discharged/determined by the Competent
Authority, IITB.
Article 7- Other Provisions
(1). This Pact is subject to Indian Law, place of performance and jurisdiction is the Headquarters of
the Division of the Principal/Owner, who has floated the Tender.
(2). Changes and supplements need to be made in writing. Side agreements have not been made.
(3). If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners
or by one or more partner holding power of attorney signed by all partners and consortium
members. In case of a Company, the Pact must be signed by a representative duly authorized
by board resolution.
(4). Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact
remains valid. In this case, the parties will strive to come to an agreement to their original
intensions.
(5). It is agreed term and condition that any dispute or difference arising between the parties with
regard to the terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal
in accordance with this Integrity Agreement/ Pact or 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
belonging to such parties under the Contract and/or law and the same shall be deemed to be
cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity,
both the Parties agree that this Integrity Pact will have precedence over the Tender/Contact documents
with regard 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 Principal / Owner)
.....................................................
(For and on behalf of Bidder / Contractor)
WITNESSES:
1 ............................................
(Signature, name and address)
2 ............................................
(Signature, name and address)
Place:
Dated :
SCHEDULE “A”
SCHEDULE “B”
SCHEDULE “C”
Tools and Plants to be hired to the Contractor: NIL
SCHEDULE “D”
Extra Schedule for specific requirements/ documents for the work, if any: NIL
SCHEDULE “E”
SCHEDULE “F”
CLAUSE 1:
CLAUSE 2:
CLAUSE 2A:
CLAUSE 5:
Number of days from the date of issue of 15 days or date of handing over of the site
letter of acceptance / Work Order for whichever is later
reckoning date of start of the work
AUTHORITY TO DECIDE:
CLAUSE 6, 6A:
CLAUSE 7:
CLAUSE 7A
Applicable licenses/ registrations or proof of applying for obtaining labour licenses, registration
with EPFO, ESIC and BOCW Welfare Board including Provident Fund Code No. If applicable
shall be submitted within a period of 15 days from issue of work order.
CLAUSE 8A
Authority to decide compensation on account if Contractor fails to: Dean IPS
Submit completion plans :Compensation for failure in submission of completion plans for
Internal and External Civil, Electrical and Mechanical Services within thirty days of the
completion of the work is limited to 0.1% of the Tendered Price.
CLAUSE 10A
a. List of minimum testing equipment to be provided by the Contractor at site lab for
Civil Works
1. Cube testing machine (with Calibration)
2. Silt testing Jar
3. Sieve analysis – full set
4. Proctor density apparatus
5. Levelling instrument.
6. Oven 01 Number.
7. Cube mould-30 Nos.
8. Balance – 7 to 10 kg-1 No. and 500 gm capacity-1 No.
9. Vernier Calliper,
10. Measuring cylinder-2Nos,
11. Measuring tape 3-meter, 5-meter, 10-meter, 30 meter – 2 each.
12. Earth Merger,
13. Hipot-Testing Kit.
14. Phase sequence Metre
15. R-L-C Metre
16. Clip-on-metre for different rangers.
b. List of testing equipment to be provided by the Contractor at site lab for E&M
Works:
1. Megger
2. Earth Tester
3. Lux meter
4. Wire Gauge
5. Micro meter
6. Vernier Calipers
This list is only indicative and not exhaustive. The bidders shall be required to provide
any such testing equipment as required as per CPWD specifications/ item
nomenclature as and when required on the site.
CLAUSE 10CA:
CLAUSE 10CC:
* Includes Cement component used in RMC brought at site from outside approved RMC
plants, if any
** Structural steel doesn’t include stainless steel.
CLAUSE 11:
(Enclosed as an
i. For Civil, Plumbing Works Horticulture & Landscaping:
Attachment CPWD Specifications- 2019_VOL 01 (July 2019) and updates if
separately for any till submission of the Bid and
Civil and E&M
CPWD Specifications- 2019_VOL 02 (July 2019) and updates if
Works)
any till submission of the Bid.
ii. Electrical works (Part – 1); internal – 2023 & External (Part-II)-
2023,
CLAUSE 12:
CLAUSE 16:
Competent Authority for deciding reduced rates. Dean (IPS)
CLAUSE 17:
Defect liability period: 24 months (From the date of certificate or otherwise of completion of
work).
CLAUSE 18:
As minimum, list of mandatory machinery, tools & plants to be deployed by the Contractor at site:
-
1. Tower Crane 1 no.
2. Truck 2 nos,
3. Shuttering and props – Quantity as required as per the approved programme.
4. Building hoist 3 nos.
5. Excavator 2 nos.
6. Vibrator 5 nos.
7. Vibration compactor 2 nos.
8. Dewatering pump 4 nos.
CLAUSE 19:
Authority for applying Penalty for default under this Clause: Dean (IPS)
Clause 19C - Rs 1000 per each default
Clause 19D - Rs 1000 per each default
Clause 19G - Rs 1000 per day for each default (max 5% of estimated cost put to tender)
Clause 19K - Rs 1000 per tradesman per day
CLAUSE 25:
Building Works Committee (BWC) of IITB shall act as
Constitution of Dispute Dispute Resolution Committee (DRC) with co-opted
Redressal Committee (DRC) additional members with legal and contract expertise in the
committee by the Director IITB.
CLAUSE 32 (ii):
Requirement of Technical Representative(s) and recovery Rate: -
Minimum Designation Rate at which recovery shall be
Qualification of made from the Contractor in the
(Principal
Experience
Number
Sl. No.
Technical
Representative clause 32 (ii)
Discipline
/ Technical
Representative)
Figures Words
(in Rs.)
Experience
Technical event of not fulfilling provision of
Minimum
Number
Sl. No.
Technical
Representative clause 32 (ii)
Discipline
/ Technical
Representative)
Figures Words
(in Rs.)
Safety
Note:
Assistant Engineers retired from Government services who are holding Diploma will be treated at
par with Graduate Engineers. Diploma holder with minimum 10-year relevant experience with a
reputed company can be treated at par with Graduate Engineers for the purpose of such
deployment subject to the condition that such diploma holders should not exceed 50% of
requirement of degree engineers.
1. Name of Contractor
2. Name of work as given in the agreement
3. Agreement no
4. Estimated amount put tender
5. Date of commencement of work as per agreement
6. Period allowed for completion of work as per agreement.
7. Date of completion stipulated in agreement.
8. Period for which extension of time if has been given by authority in Schedule' F' previously.
9. Reasons for which extension have been previously given (copies of the previous applications
should be attached)
10. Period for which extension if applied for
11. Hindrances on account of which extension is applied for with dates on which hindrances
occurred and the period for which these are likely to last (for causes under clause 5.2 and
5.3).
Dated
..........................
Dear Sir,
In terms of clause 25 of the agreement, particulars of which are given below, I/we hereby give notice
to you to appoint an arbitrator for settlement of disputes mentioned below:
1. Name of applicant
2. Whether applicant is Individual / Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and Contract number in which arbitration sought
5. Name of the Authority which entered into Contract
6. Contract amount in the work
7. Date of Contract
8. Date of initiation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of appeal to you
17. Date of receipt of your decision.
Yours Faithfully
Specimen signature s of the Applicant
(only the person/authority who signed the contract should sign)
I/We certify that the information given above is true to the best of my/ our knowledge. I/We enclose
following documents.
1. We have exhausted provision of DRC as per clause 25 of this agreement.
2. Statement of claims with amount of claims.
1. Whereas the Dean (IPS), Indian Institute of Technology Bombay (herein after called the Dean
(IPS)) on behalf of Indian Institute of Technology Bombay (herein after called the IITB) has
invited bids under (NIT number) …………………. Dated ……………… for
…………………………………………… (name of work) ………………. . IITB has further
agreed to accept irrevocable Bank Guarantee for Rs. …………….……. (Rupees
…………………………… only) valid up to ……… (date)*……………as Performance
Guarantee / Security Deposit / Mobilization Advance** from the said Contractor for
compliance of his obligations in accordance with the terms and conditions of the agreement
from ……………………. (name and address of contractor) (hereinafter called “the
Contractor”) for compliance of his obligations in accordance with the terms and conditions of
the said NIT.
2. We, …………… (indicate the name of the bank) (herein after referred to as “the Bank”),
hereby undertake to pay to the IITB an amount not exceeding Rs. ………………………..
(Rupees………………. only) on demand by the IITB within 10 days of the demand.
4. We, ……………… (indicate the name of the Bank), further undertake to pay the IITB any
money so demanded notwithstanding any dispute or disputes raised by the Contractor in any
suit or proceeding pending before any Court or Tribunal, our liability under this Bank
Guarantee being absolute and unequivocal. The payment so made by us under this Bank
Guarantee shall be a valid discharge of our liability for payment there under and the
Contractor shall have no claim against us for making such payment.
5. We, ………………… (indicate the name of the Bank), further agree that the IITB shall have
the fullest liberty without our consent and without affecting in any manner our obligation here
under to vary any of the terms and conditions of the said agreement or to extend time of
performance by the said Contractor from time to time or to postpone for any time or from time
to time any of the powers exercisable by the IITB against the said Contractor 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 or for any forbearance, act of omission on the part of the IITB or any
indulgence by the IITB to the said Contractor 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. We, ………………… (indicate the name of the Bank) , further agree that the IITB at its option
shall be entitled to enforce this Guarantee against the Bank as a principal debtor at the first
instance without proceeding against the Contractor and notwithstanding any security or other
guarantee the IITB may have in relation to the Contractor’s liabilities.
7. This guarantee will not be discharged due to the change in the constitution of the Bank or the
Contractor.
8. We, …………………. (indicate the name of the Bank) , undertake not to revoke this
guarantee except with the consent of the IITB in writing.
Date .............
Witnesses:
Designation
*Date to be worked out on the basis of validity period of 180 days from the date of submission
of tender.
** strike out the portion not applicable. Bank Guarantee will be made either for performance
guarantee or for security deposit / mobilization advance, as the case may be.
(5) That the said materials shall not on any account be removed from the site of the said
works except with the written permission of the Engineer in charge or an officer
authorised by him on that behalf.
(6) That the advances shall be repayable in full when or before the Contractor receives
payment from the Director IITB of the price payable to him for the said works under the
terms and provisions of the said agreement. Provided that if any intermediate payments
are made to the Contractor on account of work done than on the occasion of each such
payment the Director IITB will be at liberty to make a recovery from the Contractor’s bill
for such payment by deducting there from the value of the said materials then actually
used in the construction and in respect of which recovery has not been made previously,
the value for this purpose being determined in respect of each description of materials at
the rates at which the amounts of the advances made under these presents were
calculated.
(7) That if the Contractor shall at any time make any default in the performance or
observance in any respect of any of the terms and provisions of the said agreement or
of these presents the total amount of the advance or advances that may still be owing to
the Director IITB shall immediately on the happening of such default be repayable by the
Contractor to the Director IITB together with interest thereon at 12% ( twelve per cent)
per annum from the date or respective dates of such advance or advances to the date of
repayment and with all costs charges, damages and expenses incurred by the Director
IITB in or for the recovery thereof or the enforcement of this security or otherwise by
reason of the default of the Contractor and the Contractor hereby covenants and agrees
with the Director IITB to repay and pay the same respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the
Director IITB of the said sum of Rupees ___________and any further sum or sums
advanced as aforesaid and all costs charges, damages and expenses payable under
these presents PROVIDED ALWAYS and it is hereby agreed and declared that
notwithstanding anything in the said agreement and without prejudice to the powers
contained therein if and whenever the covenant for payment and repayment herein
before contained shall become enforceable and the money owing shall not be paid in
accordance therewith the Director IITB may at any time thereafter adopt all or any of the
following courses as he may deem best :-
a. Size and utilize the said materials or any part thereof in the completion of the
said works on behalf of the Contractor in accordance with the provisions in that
behalf contained in the said agreement debiting the Contractor with the actual
cost of effecting such completion and the amount due in respect of advances
under these presents and crediting the Contractor with the value of work done
as if he had carried it out in accordance with the said agreement and at the
rates thereby provided. If the balance is against the Contractor, he is to pay
same to the Director IITB on demand.
b. Remove and sell by public auction the seized materials or any part thereof and
out of the moneys arising from the sale retain all the sums aforesaid repayable
or payable to the Director IITB under these presents and pay over the surplus
(if any) to the Contractor.
c. Deduct all or any part of the moneys owing out of the security deposit or any
sum due to the Contractor under the said agreement.
(9) That except in the event of such default on the part of the Contractor as aforesaid interest
on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevail and in the event of any dispute
or difference arising over the construction or effect of these presents the settlement of
which has not been herein before expressly provided for the same shall be finally
resolved as per provisions of clause 25 of the contract.
In witness whereof the said ……………………and by the order and under the direction
of the Director IITB have hereunto set their respective hands the day and year first above
written.
Signed, sealed and delivered by………………………..the said Contractor in the presence of
..................................................................................................
Signature ………………………
Witness Name …………………………………………………….
Address ……………………….
Signed by……………………….
by the order and direction of the Director IITB in the presence of
Signature ………………………
Witness Name …………………………………………………….
Address ……………………….
1. System
a. Structural design has been carried out for design loads, as specified, thermal stresses,
building movements and the consequent deflections without compromising the
performance characteristics.
b. That deflections in the framing members shall be within permissible limits as specified.
c. Structural stability, safety, integrity and required performances of the work for all design
works and building movements as specified.
2. Material
a. Glass (single, laminated or DGUs) – Substrate, coatings, lamination of laminated glass,
insulation of DGUs
b. Sealant – Material used, performance of sealant used, usage as per the requirement
of structural design and functional requirement, compatibility with different substance
and sealants, bite size, quality assurance during sealing of DGUs and fixing glass to
glass and glass to the aluminium frame, etc.
c. EPDM / Silicone gaskets – for ozone resistance and other properties as specified etc.
d. Aluminium – material quality, tempering requirement, suitability of aluminium grade and
anodizing etc.
e. Anchor fasteners – suitability and strength requirements as per manufacturers’
specifications etc.
3. Performance
a. Water tightness, wherever specified in the Contract.
b. Workmanship
c. Integrity of system during movements within and relative to the building structure.
d. Indemnify the IITB against all claims of whatsoever nature due to defective designing
by the Contractor, material & workmanship etc. and /or non-performance of the work
during the guarantee period.
NOW THE GUARANTOR hereby guarantees that the work executed by him shall perform to
the specified standards of quality and workmanship during the guarantee period of ten years to
be reckoned from the date of completion of work.
During this period of guarantee, the guarantor shall make good all defects and if any defect is
noticed during the guarantee period, it shall be rectified by the Contractor within seven days of
issue of notice to the Contractor, at least temporarily, to the satisfaction of the Dean (IPS) , till
the permanent rectification of the defects / replacement of defective materials is carried out by
the Contractor, in maximum four months period, retaining same aesthetic and other functional
parameters of the original work. If not attended to, the same shall be got done by the IITB / IITB
through other agency at the risk and cost of the Contractor which shall be final and binding on
the Contractor.
That if the Guarantor fails to execute the necessary rectification or commits breach there under,
then the Guarantor will indemnify IITB and his successors against all loss, damage, cost
expense or otherwise which may be incurred by him by reasons of any default on the part of
GUARANTOR in performance and observance of this supplementary agreement. As to the
amount of loss and / or damage and / or cost incurred by IITB, the decision of the Dean (IPS)
will be final and binding on the parties.
IN WITNESS WHERE OF these presents has been executed by
the OBLIGATOR
and
by
and for and on behalf of Director. IITB. on the day month and year first above written.
SIGNED, SEALED AND DELIVERED by OBLIGATOR in the presence of:
1.
2.
1.
2.
BETWEEN
Dean, IPS, for and on behalf of Director, Indian Institute of Technology Bombay, Powai,
Mumbai-400 076 (hereinafter referred to as “the Employer” which expression shall include its
successors and designs where the context so admits) of the one point.
AND
M/s………………..(herein after referred to as “the Contractor” which expression shall include
their heirs, executors, administrators and designs where the context so admits) of the other
part.
WHEREAS
The employer is desirous that certain works should be executed, viz “Construction
of…………………………………………. At IIT Bombay, Powai, Mumbai-400 076” and has
accepted Tender by the Contractor for the execution completion and maintenance of such
works Now THIS AGREEMENT WITNESSTH as follows:-
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and constructed as part of this
Agreement, viz:-
a) Work order No. IITB / Dean.(IPS)/CACI/…….. dated……. Along with the correspondence.
b) Conditions of the Contract.
c) Technical Specifications of Civil works.
d) Technical Specifications of Services.
e) Financial Bid-Bill of Quantities
f) Drawings
g) Prebid queries and responses
3. In consideration of the payments to be made by the Employer to the Contractor as herein after
mentioned the Contractor hereby covenants with the Employer to execute, complete and
maintain the works in conformity in all respects with the provisions of Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the execution and
maintenance of the works at the Contract price at the time and in the manner prescribed by the
Contract.
5. The particulars referred to in the various clauses of the Conditions of the Contract are as given
in Schedules A to F.
IN WITNESS whereof the parties hereto have caused of their respective Common Seals to be
here into affixed (or have hereinto set their respective hands and seals) the day and year first
above written.
PART B:
MAJOR COMPONENTS (CIVIL & PLUMBING WORKS)
1 SPECIFICATIONS
Referred to Clause 11 of the ‘Clauses of the Contract’ under GCC and to the Proforma of
Schedules A to F.
2. Wherever applicable, the Dean (IPS) may approve any material equivalent
to that specified in the tender subject to proof being offered by the Contractor
for equivalence to his satisfaction.
5 Reinforcement Steel Sail, Tata Steel, Rinl, Jindal Steel & Power
Ltd., Jsw Steel Ltd.,
6 Mechanical Splicing System With Coupler Splicetek India Pvt. Ltd. Dextra India Pvt.
Ltd. Ishita Enterprises
14 Ready Mixed Cement Plaster Walplast, Ultra Tech, Madras Cement Ltd,
Sound Build Care Ltd., Ferrouscrete,
Precise Conchem Pvt Ltd.
15 Paver Blocks/ Grass Pavers/ Kerbstone Vyara, Basant Betons, Super, Hindustan
24 Polymer Modified Adhesive Mortar For Aac Walplast, Ultra Tech, Madras Cement Ltd,
Blocks Sound Build Care Ltd., Ferrouscrete,
Precise Conchem Pvt Ltd., Keracol,Pidilite
26 Cement Bonded Fibre Particle Board Ncl Industries, Visaka, Everest, Bison,
Shera, Ramco
45 Laminated Glass
Pilkington, Saint Gobain, Asahi,
48 Backpainted Glass Modiguard, Guardian, Sisecam
50 Fire Resistant Wooden Door Frame & Ardor, Signature, Sukriti, Promat, Kutty,
Shutters Signum, Kenwood, Shreeji, Tufwood,
Navair
51 Fire Resistant Metal Door Frame & Ardor, Signature Sukriti, Promat, Kutty,
Shutters Signum, Kenwood, Shreeji, Tufwood,
Navair, Shaktimate Horman,Iclean
55 Floor Springs, Door Closures, Panic Bar, Dorma, Geze, Hafele, Hettich, Horman,
Patch Fittings Sevax, Casma
56 Locks Godrej, Vision/ Vijayan, Dorset
57 Wooden Flush Doors Kenwood, Anchor, Century, Greenply,
Shreeji, Kutty
60 Marine Plywood
Kenwood, Anchor, Century, Greenply,
61 Commercial Plywood Shreeji, Kutty
62 Blockboard
Polymer Modified Adhesive Mortar For Aac Walplast, Ultra Tech, Sound Buildcare
Blocks Ltd., Ecolite, Ferrouscrete, Keracol, Pidilite
Np2 Class, R.C.C. Pipes Jain Spun Pipe, K. K. Spun Pipe, The
Indianhume Pipe Co. Ltd., Patel Hume
Pipes
109
Upvc Pipes And Fittings Astral, Finolex, Supreme, Kisan
Specialised Agencies:
4. TENDER DRAWINGS:
PART C:
MINOR COMPONENTS- ELECTRICAL, MECHANICAL AND FIRE
FIGHTING (E&M) WORKS
SPECIFICATIONS
Referred to Clause 11 of the ‘Clauses of the Contract’ under GCC and to the Proforma
of Schedules A to F.
Note:
1. The Contractor shall obtain prior approval from the Dean (IPS) before placing order for any specific
material or engaging any of the specialized agencies. The contractor shall make a detailed submittal
with catalogues and highlighted proposed specifications as well as full details of the works proposed to
be executed by the specialized agency as specified.
2. Wherever applicable, the Dean (IPS) may approve any material equivalent to that specified in the
tender subject to proof being offered by the contractor for equivalence to his satisfaction.
3. Unless otherwise specified, the brand / make of the material as specified in the item nomenclature,
in the particular specifications and in the list of approved materials attached in the tender, shall be used
in the work.
4. Any other / additional Material (Not mentioned below) – Shall be approved from Dean (IPS) before
use at site.
B DG Set Works
Kirloskar Green / Crompton / Stamford /
1 Alternator
Leroy / Somer / Elmot
Cummins / Caterpillar / Volvo Penta /
2 Engine
Kirloskar / Perkins / Greaves
Exide / Amara Raja / Rocket / Amaron /
3 Batteries Standard / AMCO / Prestolite / Tata Green
/ Cummins Pulselite
Powerica / Goel Power / Sterling & Wilson /
4 Integrators Jackson / Captiva / Cooper / Sudhir / Cummins
Power
5 AMF Panel Legrand / L&T / Schneider Electric / ABB / Siemens
C ELV Works
Fire Alarm System and all Edwards / Simplex / Tyco / Honeywell-Notifier /
1
accessories Bosch / Siemens-Fire finder
Finolex / KEI / Havells / Polycab / RR Kabel / Tyco
2 Cables for Fire Alarm System
/ Calliplast
Public Address System (Master
3 Controller, Amplifier, Speakers, Bosch / Simplex / Honeywell / Bose / ATIES / Ahuja
Call Station)
Finolex / KEI / Havells / Polycab / RR Kabel /
4 Cables for Public Address System
Calliplast
Prama / Sony / Samsung / Honeywell / Bosch / Axis
5 CCTV Cameras
/ DV Tel
D ELEVATORS
Kone Elevators India Pvt. Ltd.
Otis Elevator Company (I) Ltd.
1 Elevators Johnson Lifts Pvt. Ltd.
Schindler India Pvt. Ltd.
Omega Elevators
E HVAC
1 Air cooled Chillers Trane / York / Carrier / Climaveneta / Kirloskar
2 Chilled water pump Grundfos / Armstrong / Xylem
3 PIBC valve Danfoss / Belimo / Honeywell
4 AHU filters/HEPA filters Freudenberg / AAF / Camfill
F FIREFIGHTING
Fire, Sprinkler, Hydrant Main /
1 Kirloskar / Mather & Platt-WILO / Crompton / KSB
Jockey Pumps
2 Terrace Pumps Kirloskar / Mather & Platt-WILO / Crompton / KSB
PART: E
OTHER DOCUMENTS
1. NOC approvals
- Enclosed as an Attachment