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NMDC Limited

KUMARASWAMY IRON ORE PROJECT


BELLARY DIST - KARNATAKA

TENDER DOCUMENT
FOR

PACKAGE - VI
APPROACH ROAD

VOLUME I OF III

MECON LIMITED
BANGALORE

MEC/01/Q6DH/NMDC-KIOP/PKG.VI/TD

SEPTEMBER 2011

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

APPROACH ROAD

CONTENTS
Serial
no

Description
VOLUME I

1.

Check list

2.

Press Notification

3.

Notice Inviting Tender (NIT)

4.

Instructions to Tenderers (ITT)

5.

General Conditions of Contract (GCC) &


Tender Proposal Form

6.

Special Conditions of Contract (SCC)

7.

Erection Conditions of Contract (ECC)


VOLUME II

8.

Preamble to Bill of Quantities

9.

Summary of Prices

10.

Bill of Quantities
VOLUME III

11.

Technical Specifications

12.

Tender Drawings

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHECK LIST

PAGE No. 1

of

CHECKLIST
Tenderer shall ensure that all the documents given below have been submitted
with the Part I & Part-II of the offer:
Sl.No
1.

Document

2.

Information about Tenderer (Form C of TPF)


Earnest Money Deposit (Annexure I to ITT)

3.

Copy of Power of Attorney of signatory to the tender.

4.

Copy of PAN allotted by IT department

5.

Details of work done for past seven years as per PreQualification requirement (Form-I of TPF)
Details of current commitments of the tenderer (Form-G of
TPF)

6.
7.
8.
9.

Statement of exemptions/ deviations if any (Form-H of TPF)


Proposed Organization set up for the project at site (Form-D
of TPF)
Time schedule network proposed

10. P.F.Registration
11. Original Solvency Certificate of the stipulated amount
12. Audited Profit and Loss account and Balance sheet for last 3
financial years
13. Quality Assurance Program
14. Overall description of the proposed method for carrying out the
work
15. Amendments/corrigenda/addenda etc. if any
16. Details of turnover ( Form J of TPF)
17. Documents on work completion with final value.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

Submitted /
Not
submitted

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III
PAGE No. 2

18. Undertaking as per Clause 2.3.2 of Special Conditions of


Contract
19. Any additional information

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

of

PRESS
NOTIFICATION

NMDC LIMITED, HYDERABAD


( A Government of India Enterprise)

NOTICE INVITING TENDER


ADVERTISEMENT NO 01/51/ Q6DH/ Pkg VI

DATED 28.09.2011

NMDC LIMITED (NMDC) Is proposing to open a new Iron Ore Mine i.e
Kumaraswamy Iron Ore Project at Donimalai, Bellary District, Karnataka State.
MECON Limited (CONSULTANTs to the project) on behalf of NMDC invites sealed
Item rate tenders under the three bid system from experienced, reputed and
competent contractors / firms for the following package on item rate basis:
Package VI: Approach Roads

Estimated cost ` 63.52 Crores

The scope of this tender includes Surveying, Supplying all Labour, Material and
construction of Approach Road to Mining area (From PWD road near Naviotti village to
C block junction approximately 8.30 KMS), construction of Bridges, RCC Box
Culverts, Retaining Walls, Slope protection works, Road side drains and allied works
all complete at Kumaraswamy Iron Ore Project of NMDC at Donimalai, District Bellary,
Karnataka State.
Completion time: 11 months inclusive of monsoon period.
Earnest Money Deposit ` 50.0 Lakhs
Complete Tender Document including Pre-qualification criteria is available on website
www.meconlimited.co.in
Non-transferable Tender Documents with relevant details (including the prequalification criteria) can be purchased on payment of non-refundable fee of `5,000/in the form of Demand Draft drawn in favour of MECON LIMITED, payable at
Bangalore between 28.09.2011 and 26.10.2011 during office hours at the following
address:
Assistant General Manager (Contracts),
MECON LIMITED,
No. 89, South End Road,
Basavanagudi,
BANGALORE: 560 004
Tel No. 080 - 26252000 (30 lines) Fax No. 080 - 26576352
email: contractsblr@meconlimited.co.in
Alternatively, the Tender Document may be downloaded from our Website
www.meconlimited.co.in
The tenders with necessary documents (along with tender fee if Tender Document is
downloaded from website) in support thereof shall reach the above address before

15.00 hours on 28.10.2011.


Pre bid meeting will be held at MECON LIMITED, Bangalore at 11.00hrs on
12.10.2011. Queries if any, on the Tender Document shall be sent to MECON Limited
before 10.10.2011. No queries shall be entertained after the cut off date of
10.10.2011.
MECON/ NMDC shall not be responsible for any delay/ difficulties/ inaccessibility of
the downloading facility for any reason whatsoever. No time extension shall be
granted for inability to download the Tender Document during the sale period.
Normally, the downloading facility shall be available during the period of sale of the
Tender.

For MECON LIMITED


AGM (Contracts)

NOTICE INVITING TENDER

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - NIT

PAGE No. 1

of

NOTICE INVITING TENDER


Tender No. MEC/01/Q6DH/NMDC-KIOP/Pkg.VI/TD Dt 28.09.2011
01.

NMDC LIMITED is a profit making Govt. of India Enterprise under


Ministry of Steel engaged in the mining activities of exploration and
exploitation of various minerals other than coal.

02.

NMDC LIMITED (NMDC) is proposing to open a new Iron Ore mine


i.e. Kumaraswamy Iron Ore Project at Donimalai, Bellary District,
Karnataka State.

03.

MECON Limited, Bangalore, Consultant for the project, invites sealed


bids on behalf of NMDC under three bid system,
(a) Part-I consisting of EMD, Letter of Undertaking, tender
fee in the form of a demand draft as prescribed or the
receipt for the payment made, in case the Tender
Document is purchased from MECON LIMITED and the
tender fee receipt already paid, Integrity Pact and
certificate regarding completeness of Integrity Pact.
(b) Part-II consisting of techno-commercial bid
(c)

Part-III i.e., Price Bid.

for the following work:


Surveying, Supplying all Labour, Material and construction of
Approach Road to Mining area (From PWD road near Naviotti village
to C block junction approximately 8.30 KMS), construction of
Bridges, RCC Box Culverts, Retaining Walls, Slope protection works,
Road side drains and allied works all complete at Kumaraswamy
Iron Ore Project of NMDC at Donimalai, District Bellary, Karnataka
State. The work shall be executed on Item Rate basis.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - NIT

PAGE No. 2

of

04.

The Tenders shall be submitted to Asst. General Manager


(Contracts), MECON Limited, 89, South End Road, Basavanagudi,
Bangalore - 560 004 before 15.00 hrs on 28.10.2011. In case the
Tender is being submitted by hand, the Tender shall be handed over
to Asst. General Manager (Contracts), MECON Limited, 89, South
End Road, Basavanagudi, Bangalore - 560 004 before 15.00 hours
on 28.10.2011. Part-I of Tenders will be opened at 15:30 hrs on the
same day in the presence of Tenderers or their authorised
representatives who may choose to be present. On opening Part-I of
the tender, letter of undertaking, the EMD, tender fee / tender
document purchased receipt, Integrity pact will be checked. If the
documents regarding Integrity Pact submitted by all the Tenderers
are in order, then Part-II of the offer shall also be opened on the
same day. In case any errors/deficiencies are noticed in the
Integrity Pact of any of the Tenderers, opening of Part II of the
offers of all the Tenderers shall be postponed to 04.11.2011 at
15.30 hrs. Errors/ deficiencies noticed in the Integrity Pact of the
offer shall be intimated to the concerned Tenderer on 29.10.2011
and Tenderer will be allowed time upto 15.00hrs on 04.11.2011 for
rectifying errors/ deficiencies in the documents, and to submit the
corrected documents.

05.

Pre-bid Conference:

5.1

Pre bid Conference will be held on 12.10.2011 at MECON LIMITED,


Bangalore from 11:00 hours onwards where intending Tenderers/
Bidders may obtain necessary clarifications to their queries, if any,
from NMDC/MECON before submitting their offer. All such queries
seeking clarification on the Tender Documents should be made in 4
hard copies so as to reach MECON LIMITED, Bangalore before
15.00 hrs on 10.10.2011. One additional copy shall be sent to
General Manager (Projects), National Mineral Development
Corporation, 10-3-311/A, Khanij Bhavan, Castle Hills, Hyderabad500 173. Queries received after pre bid conference shall not be
entertained.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - NIT

PAGE No. 3

06.

of

COMPLETION TIME
The period of completion shall be 11 months (up to completion and
handing over of all works) from the date of issue of Letter of Award
of Contract. The completion period is inclusive of monsoon period.

07.

EARNEST MONEY
The Tenderer is required to submit Earnest Money of `.50.00 Lakhs
(Rupees Fifty lakhs only) along with the Tender in the form of
Demand Draft or Bank Guarantee initially valid for a period of Nine
(9) months from date of opening of Part-I of Tender. Money Order,
Postal order and Cheques etc. are not acceptable towards EMD.
Earnest Money deposited by the Tenderer will not carry any interest.
Tenders received without EMD shall be considered unresponsive and
rejected.

08.

PRE-QUALIFICATION CRITERIA
SL.
Description
No.
1 Average annual financial turn over of Tenderer during the last 3
years ending 31.03.2011 shall be at least `19.10 Crores.

To meet this criteria, the Tenderer shall submit last three years
audited balance sheet.
Tenderer should have successfully completed BT/ Cement Concrete
Road Works during the last seven (7) years ending last day of the
month previous to the one in which tenders are invited as given
below.
a) One similar
`50.82 Crores

completed

work

costing

not

less

OR
b) Two similar completed works costing not less
`31.76 Crores each
OR
c) Three similar completed works costing not less
`25.40 Crores each

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

than
than
than

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - NIT

PAGE No. 4

of

SL.
Description
No.
3 The Tenderer, on his own, should have successfully completed
works during the last seven(7) years ending last day of the month
previous to the one in which tenders are invited involving the
following minimum quantities of civil works :
a) Earth Work in Cutting/Embankment : 8 Lakh Cu. M
b) RCC Works in Bridges
: 1500Cu.M
-----------------------------------------------------------------

Both the above criteria 3(a) and 3(b) need not be met in a single
work but can be met in different works; however each requirement
should be met in one single work order only.
The Tenderer should be solvent for a value not less than
` 17.32 Crores and shall submit an original Solvency certificate
from any Nationalised bank dated not earlier than Three (3)
months from the due date of submission of the tender.
Solvency certificate issued by any scheduled commercial bank
including foreign bank having a branch in India in addition to
Nationalised bank are also acceptable.

09.

Tenderer shall submit supporting documents like copies of work


order, copies of agreements, completion reports etc. in respect
of the works under which pre-qualification is sought. These
supporting documents should include completion certificate and
indicating the description and quantity of the works executed,
completion date of the project, executed value of work and
reference to the Letter of Award/ Work order No. and date.
The certificates submitted, as evidence of works executed for
private organisations should be accompanied with TDS
certificates. These certificates in addition to the certificate issued
by the organisation shall form the basis for considering
experience of work executed for private organisation.
The offers of the Tenderers not meeting the Pre-Qualifying
requirements and not producing supportive documents are likely

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - NIT

PAGE No. 5

of

to be rejected and no correspondence whatsoever shall be


entertained.
MECON/ NMDC reserves the right to verify the documents/
information submitted or inspect the installation done. The
Tenderer shall provide necessary facilities for this purpose.
10.0

The Tender Documents are non-transferable and shall be used only


by the party to whom it is issued. The Tender document available
with MECON/ NMDC shall be considered authentic, if Tender
document is downloaded by the Tenderer from MECONs website.

11.0

MECON/ NMDC reserves the right to accept or reject any and all the
Tenders without assigning any reasons thereof. NMDC also reserves
the right to call for any other details and information from any of the
Tenderers.

12.0

MECON/ NMDC does not bind itself to accept the lowest or any
Tender and may cancel / withdraw the Tender without assigning any
reason and no claim whatsoever, for any reason arising out of such
action, will be entertained by MECON/ NMDC.

13.0 The Tenders shall remain valid for acceptance for a period of Six (06)
months from the date of opening of Tenders. If the Tenderer alters
or withdraws his offer within the validity period, his E.M.D. will be
forfeited and his Tender will be rejected.
14.0

In exceptional circumstances, prior to expiry of the original time


limit, MECON/ NMDC may request the Tenderer for extending the
period of validity for a specified additional period. The request will
be made in writing. A Tenderer may refuse the request without
forfeiting his bid security. A Tenderer agreeing to the request will
not be required or permitted to modify his bid, but will be required
to extend the validity of his offer and bid security suitably as per
relevant provisions

15.0

It is in Tenderers own interest that they visit the project site and
acquaint themselves of the prevailing local conditions before
submitting the bid. For visiting the project site the prospective
Tenderer shall contact the following officer:

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - NIT

PAGE No. 6

of

General Manager,
NMDC Limited.
Kumaraswamy Iron Ore Project,
Donimalai, Bellary District,
Karnataka - 583118
Phone no: 91-08395-274624
Fax no. : 91-08395-274687
91-08395-274649
It shall be presumed that the firms who submit the Tenders have
visited the site and have acquainted themselves fully of the
prevailing conditions. No claim for financial adjustment to the
contract awarded will be entertained by the Owner on his account.
Neither any change in the time schedule nor any financial
adjustments arising thereof shall be permitted by the Owner.
Further, no time extension for submission of bids shall be granted in
case the prospective Tenderer chooses to download the Tender
Document during the last few days of sale. However, it shall be
presumed that the Tenderer has visited the site and then only has
submitted his Tender.
16.0

If the date for any activity indicated in the Tender Document


happens to be a holiday or a non-working day, for any reason, then
the next working day will be automatically taken as the date for
such activity.

17.0

Late/delayed Tenders shall not be accepted after the due date and
time of submission of Tenders under any circumstances.

18.0

This Notice Inviting Tender shall form part of the Tender document.
In case of any discrepancy between various parts of the Tender
document, the order of precedence shall be as given in the General
Conditions of Contract.
For and on behalf of NMDC LIMITED.
Asst. General Manager (Contracts)
MECON LIMITED, Bangalore

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

INSTRUCTIONS TO TENDERERS

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

CONTENTS
Clause No.

1.0
2.0

3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21.0
22.0
23.0
24.0
25.0
26.0
27.0
28.0
29.0
30.0
31.0
32.0
33.0
34.0
35.0

PAGE No. 1

INSTRUCTIONS TO TENDERERS
Title

GENERAL INSTRUCTIONS
SCOPE OF WORK
TIME SCHEDULE
TENDER DOCUMENTS
EXAMINATION
CLARIFICATIONS
EARNEST MONEY DEPOSIT
MANNER OF PREPARATION OF TENDER
MANNER OF SUBMISSION
INFORMATION REQUIRED WITH TENDER
LOCAL CONDITIONS
RECEIPT OF TENDER
MODIFICATION & WITHDRAWAL
VALIDITY OF TENDER
TENDER OPENING
DISCREPANCIES AND ADJUSTMENT OF ERRORS
TENDER DISCUSSI0NS
AWARD OF CONTRACT
CONTRACT AGREEMENT
GENERAL
RELATIONSHIP WITH THE EMPLOYEES OF THE OWNER
MANNER OF EXECUTION OF CONTRACT
CONTRACT PERFORMANCE GUARANTEE
CONTRACT QUALITY ASSURANCE
SUBMISSION OF BANK GUARANTEE
ONE TENDER PER TENDERER
INTEGRITY PACT
TENDER PRICES
ALTERNATIVE PROPOSAL BY TENDERERS
CORRUPT OR FRAUDULENT PRACTICES
EXAMINATION OF BIDS AND DETERMINATION OF
RESPONSIVENESS
AMENDMENT OF BIDDING DOCUMENTS
CLARIFICATION OF BIDS
COMMUNICATIONS
EVALUATION AND COMPARISON OF BIDS

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

of

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 2

of

46

Proforma enclosed
Annexure
Annexure
Annexure

I
II
III

Annexure
Annexure

IV
V

Bank Guarantee towards EMD


Proforma for Integrity Pact
Proforma for certificate regarding completeness
Integrity Pact
Extension of Bank Guarantee
Proforma for Letter of Undertaking towards PF Code

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

of

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 3

of

INSTRUCTIONS TO TENDERERS
1.0

GENERAL INSTRUCTIONS

1.1

MECON LIMITED on behalf of NMDC LIMITED (NMDC), Hyderabad,


hereinafter called "OWNER" will receive tender as set forth in the
accompanying Specifications. All Tenders shall be prepared and
submitted in accordance with these instructions.

1.2

Tenders submitted after the time and date fixed for receipt of tenders
as set out in the Notice Inviting Tender (NIT) will not be accepted.

1.3

The `Works' referred herein shall cover the entire scope of work of
the contractor which includes Surveying, Supplying all Labour,
Material and Construction of Approach Road to Mining area (From
PWD road near Naviotti village to C block junction approximately
8.30kms), construction of Bridges, RCC Box culverts, Retaining walls,
Slope protection works, Road side drains and Allied works .

1.4

The Tenderer shall not be entitled to claim any costs, charges


expenses of the tender incidental to or incurred by him through or in
connection with his submission of tender, even if the Owner elects to
withdraw the Notice Inviting Tender (NIT).

1.5

The Tenderer shall submit his Tender as required in the Tender


Documents along with Letter of Undertaking in the pro-forma enclosed
as Tender Proposal Forms, Form -B to General Conditions of Contract.
The letter of undertaking shall be on non-judicial stamp paper of
appropriate value.

2.0

SCOPE OF WORK

2.1

The scope of work includes Surveying, Supplying all Labour, Material


and construction of Approach Road to Mining area (From PWD road
near Naviotti village to C block junction approximately 8.30 KMS),
construction of Bridges, RCC Box Culverts, Retaining Walls, Slope
protection works, Road side drains and allied works all complete at
Kumaraswamy Iron Ore Project of NMDC at Donimalai, District

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 4

of

Bellary, Karnataka State. The scope of work is generally defined but


not limited to what has been given under the Scope of Work. The
Contractor shall also execute all such works which, in the opinion of
the CONSULTANT, are required to be executed for the successful
completion of the work. All such works shall be deemed to have
been included in the original scope of the tender.
2.2 The Contractor shall provide all necessary materials, equipments,
labour, tools and tackles and other incidental items required for the
execution and maintenance of the work. All materials shall be got
approved by the CONSULTANT prior to procurement and/or use. The
Contractor will submit to CONSULTANT the inspection certificate after
inspection and passing of materials by the CONSULTANT before
bringing the same at site for use.
3.0

TIME SCHEDULE

3.1

The basic consideration and the essence of the Contract shall be strict
adherence to the time schedule for performing the specified works.

3.2

The completion schedule for the works is 11 months from the date of
Letter of Award of Contract up to handling over of all works. The time
for completion is inclusive of monsoon period.

3.3

The completion schedule as stated shall be one of the major factors in


considering the Tenders. The Owner reserves the right to request for
a change in the work schedule during pre-award discussions with
Tenderer, if held.

4.0
4.1

TENDER DOCUMENTS
This Tender Document comprises the following documents, including
all annexures, enclosures, appendices etc. attached thereto:
Volume I
i)
Check List
ii)
Press Notification
iii)
Notice Inviting Tender (NIT)
iv)
Instructions to Tenderers (ITT)

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

v)
vi)
vii)

VOLUME - I of III
PAGE No. 5

of

General Conditions of Contract (GCC) &Tender Proposal


Forms (TPF)
Special Conditions of Contract (SCC)
Erection Conditions of Contract (ECC)

Volume-II
i)
ii)
iii)

Preamble to Bill of Quantities


Summary of Prices
Bill of Quantities

Volume III
i)
ii)
iii)

Technical Specifications
Blank Bill of Quantities ( BOQ )
Tender Drawings (TD)

4.2

One complete set of the tender documents as stated above is issued


to the Tenderer. Wherever Technical Specifications are not enclosed
with the Tender Documents, the same can be referred by the
Tenderer in the office of the Tender Receiving Authority. In case no
Tender Specifications have been prepared for the work, the work
shall be executed as per relevant specifications of Bureau of Indian
Standard (BIS), Indian Roads Congress, Central Public Works
Department and/or according to the best modern practices. The
CONSULTANTS decision in this regard shall be final and binding to
the CONTRACTOR.

5.0

EXAMINATION

5.1

The Tenderer shall carefully examine


the tender
documents
including all Amendments/Addenda/Corrigenda, if any issued, and
other details relating to the work and acquaint himself fully with all
the conditions and matters therein, which may in any way affect his
work and the cost thereof.

5.2

The Tenderer shall be deemed to have obtained all information as to


risks, contingencies, responsibilities and other circumstances which
might influence or affect his tender and the progress and
performance of the contract and have taken into account all such
conditions and matters that may affect his works and cost thereof.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 6

of

5.3

The Tenderer shall be deemed to have visited the site and its
surroundings and have carefully examined and have satisfied himself
about the existing site conditions, availability of local facilities, means
of transport, etc. and have quoted his rates, taking into consideration
all such conditions and matters, which may, in any way, affect his
work and the cost thereof.

5.4

The Tenderer shall be deemed to have acquainted himself with all


Government taxes, laws, statute, regulations, levies and other
charges relating to his work at site. The rates quoted by the
tenderer shall include all Government taxes, levies and other charges
relating to his work at site. Income Tax and Works Contract Tax, if
leviable, shall be borne by the contractor, and shall be included in his
rates.

5.5 Any neglect or omission or failure on the part of the Tenderer in


obtaining necessary and reliable information upon the foregoing or
any other matter affecting the tender shall not absolve him of any
risk or liabilities or responsibilities for completion of the entire work
in accordance with the terms and conditions of the Tender
Documents.
6.0

CLARIFICATIONS

6.1

All the clarifications given to the queries during Pre-Bid Conference


will be hosted on MECONs website www.meconlimited.co.in.
Further, amendments, if any issued for the tender shall form part
and parcel of the Tender Document. All amendments will be
displayed in MECONs website. Bidders are requested to visit
and
note
the
MECONs
website,
www.meconlimited.co.in
amendments before submission of bid. MECON/ NMDC shall not be
responsible if any Bidder omits to notice any amendments.
Amendments will be numbered consecutively. Queries received after
the said period will not be considered.

6.2

NMDC/ MECON will not be bound by any oral clarification or


interpretations of the tender document which may be made by any
of its employees, representatives or agents.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 7

of

6.3

No extension of time for submission of tenders will be granted on


account of tenderers request for interpretation/clarifications.

7.0

EARNEST MONEY DEPOSIT (EMD)

7.1

EMD as specified in NIT shall accompany the tender in Part I of the


tender as tender guarantee. The tender guarantee offered should be
in one of the following alternative forms:
a. A crossed bank draft in favour of NMDC LIMITED, payable at
Hyderabad from any Nationalised Indian Bank/ Scheduled
Commercial Bank including a foreign bank having a branch in
India.
b. An irrevocable Bank Guarantee of any Nationalised Indian
bank/ Scheduled Commercial Bank including a foreign bank
having a branch in India in favour of NMDC LIMITED,
Hyderabad. Proforma of the Bank Guarantee is enclosed as
Annexure-I to these Instructions to Tenderers.

7.2

The EMD will be forfeited if:


a) The Tenderer modifies or withdraws his offer after due date and
time of submission of bids.
b) The Tenderer resiles from his offer during the validity period.
c) The Tender is revoked during its validity period by the tenderer.
d) The validity of the BG is not extended/ kept valid for a period of
three months beyond the extended validity of the offer.
e) The Tenderer increases the prices unilaterally after the opening
of Part II and during the validity period of the tender.
f) The lowest bidder does not respond/ refuses to accept the
Letter of Award within 21days from the date of issue of Letter
of Award by OWNER.
g) Subsequent to acceptance of the Letter of Award of Contract by
the successful tenderer, the Tenderer refuses to enter into
Contract agreement within the specified time or its authorised
extensions.
h) The successful Tenderer fails to submit the BG towards the
Contract Performance Guarantee within the period specified.

7.3

The EMD shall be made payable without any condition to the Owner
On Demand. The EMD shall be valid for a period of three months

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 8

of

beyond the validity of the tender offer, i.e nine months from the
due date of submission of the tender. In case of extension of validity
of the offer, the BG submitted towards EMD will also to be extended
for a further period of three months beyond the extended period of
validity of offer in absence of which validity extension shall not be
considered.
7.4

In consideration of the Owner considering the Tender for purpose of


award, the Tenderer shall keep his Tender valid for a period of six
months from the last date of submission of the tender, during which
period the Tenderer agrees not to vary, alter or revoke his Tender
as a whole or in part. If the Tenderer, however, fails to keep his
tender valid for six months or varies it during the period then the
Owner shall be entitled to forfeit the EMD amount without any notice
or proof of damages etc.

7.5

In case the Tenderer is requested to extend the validity of the offer


along with the extension of validity of Tender Guarantee towards
EMD, the Tenderer may refuse the request in writing. In such a case
the Tenderers offer will be rejected and the EMD submitted by the
Tenderer shall be returned within 15 days on Tenderers request.

7.6

The EMD shall be returned within 15 (fifteen) days to those


Tenderers whose offer does not meet the PQ requirements or whose
offers are not found techno commercially acceptable after scrutiny.

7.7

The EMD of those Tenderers whose offers are found techno


commercially acceptable after scrutiny but are unsuccessful after
price bid opening, their EMD shall be returned within 30 days after
price bid opening.

7.8

The EMD of the successful tenderer to whom the contract is awarded


will be returned after the said tenderer provides the Contract
Performance Guarantee and signs the Contract Agreement.

7.9

In case any tenderer submits the EMD by way of Cash/ Demand


Draft the EMD amount will be refunded by Demand draft only after
deducting the bank commission charges.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 9

of

7.10

If the successful tenderer fails to submit Contract performance


Guarantee as specified within 30 days after the date of issue of
Letter of Award of Contract, or fails to sign the contract agreement
in accordance with Clause 19.0 of ITT, then the EMD amount will be
forfeited by the Owner, without any notice or proof of damages etc.

7.11

Any tender not accompanied by EMD along with Letter of


Undertaking in Part I of the offer in accordance with above said
provisions shall be considered as unresponsive and rejected.

7.12

No interest will be payable by the Owner on the EMD.

8.0

MANNER OF PREPARATION OF TENDER


The tender proposal shall be made in three parts, i.e. PART I, PART
II and PART III, which shall be prepared in the manner described
below:

8.1

Part I
The following shall be submitted as Part-I of the tender proposal:
i)

Earnest Money Deposit (EMD): This shall be in any one of the


following forms for the value as specified in the Notice
Inviting Tender.
a) A crossed demand draft in favour of M/s. NMDC LIMITED
from any Nationalized Indian bank/ scheduled commercial
bank including a foreign bank having a branch in India,
payable at Hyderabad.
b) A Bank Guarantee from a Nationalized Indian bank/
scheduled commercial bank including a foreign bank
having a branch in India drawn in favour of M/s. NMDC
LIMITED, Hyderabad in the pro-forma prescribed at
Annexure-I to this Instructions to Tenderers, irrevocable
and operative till three months after the expiry date of the
validity of the tender or till such date as may be specified
by the OWNER for keeping the tender open. The mode of
submission of BG shall be as specified in the NIT.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 10

of

Note:

Earnest Money deposited in any other form will not be


accepted and the tender will be rejected.
Letter of Undertaking: This shall be submitted in the
prescribed proforma as per Form B, Section TPF to the
General Conditions of Contract (GCC).

ii)

8.2

iii)

Tender fee in the form of demand draft as prescribed if the


document is down loaded from website. In case the document
has been purchased, the receipt for having made the
payment shall be enclosed.

iv)

Integrity Pact duly signed in a separate sealed envelope


superscribed with Integrity Pact.

v)

Certificate regarding completeness of Integrity Pact as per


Annexure III to the ITT.

Part II - Techno-Commercial Bid:


The following documents duly filled in and signed with date
and seal on each page by the Tenderer shall be submitted as
PART-II of the Tender proposal:
i. Pre-Qualification details as per form I of TPF.
ii. Organization set up proposed at the site work: This shall be
furnished in the prescribed Performa as per TPF Form D
indicating the field management proposed by the Tenderer
for executing the work.
iii. One set of the tender document duly signed and stamped in
all the pages shall be submitted in token of its acceptance.
However, the tender documents available with MECON /
NMDC shall be considered as authentic.
iv. Dummy PRICE sets to be submitted by the Tenderer without
the price duly signed on all pages for execution of all items as
per the Specifications/Standards by successful bidder.
v. The Tenderer shall quote their offer in total conformity to the
tender terms. In case deviations are unavoidable the same

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 11

of

shall be furnished in the prescribed pro-forma as per Tender


Proposal Form (TPF) Form H, indicating therein the exception
and deviations taken from the tender conditions by the
Tenderer, without indicating the rates and cost thereof.
vi. Latest (not earlier than 6 months from the due date of
submission of tender) Power of Attorney of the signatory of
the tender in original in stamp paper of value not less than
`50/- or copy of the above duly attested by Notary Public.
vii. Tenderers proposed quality assurance programme.
viii. Time schedule in the form of BAR CHART/Network proposed
by the Tenderer for completion of the work within the time
specified in Notice Inviting Tender (NIT).
ix. Overall description of the method the Tenderer proposes to
adopt for carrying out the work.
x. Amendments/corrigenda/Addenda etc. for the work, if any,
issued by the OWNER/ CONSULTANT, duly signed, by the
Tenderer.
xi. Interpretations/Clarifications on this tender document, if any,
issued by the OWNER/ CONSULTANT, duly signed by the
Tenderer.
xii. Bidder should submit a copy of valid PF code number duly
allotted by any Regional Provident Fund Commissioner. In
case the bidder does not possess valid PF code number, then
the bidder has to give an undertaking on a non-judicial stamp
paper of value not less than `100/- stating that within one
month from the date of issue of Letter of Intent/ Letter of
Award of Contract he shall obtain PF code number.
The payment on account of the work executed by the
Contractor shall be released only on submission of valid PF
code number.
xiii. Original solvency certificate from any Indian nationalized
bank/ scheduled commercial bank including foreign bank
having a branch in India for a value as indicated in the NIT
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 12

of

and dated not earlier than three months from the due date of
submission of tenders.

8.3

xiv.

Details of similar work done in the last Seven years as per


TPF Form F.

xv.

Information about the tenderer as per TPF Form C.

xvi.

Details of current commitments as per TPF Form G.

xvii.

List of Plant and Machinery proposed to be mobilised.

xviii.

Relationship certificate as per clause no. 21 of ITT.

xix.

Undertaking as per Cl. 2.3.2 of SCC.

xx.

Declaration to be given by the Tenderer in his letter head that


the firm is not blacklisted by any PSU/ Govt. Body. On
verification, if it is found that the Tenderer has given
misleading/ false information, then the tender of this
Tenderer will be summarily rejected.

xxi.

Information regarding litigation, current or during the last five


years, in which the tenderer is involved, the parties
concerned and disputed amount.

xxii.

Any other information the Tenderer desires to furnish in


connection with this tender

PART-III: Price Bid.


The following documents duly filled in and signed by the Tenderer
shall be submitted as PART-III of the Tender proposal:
i.

Summary of Tenderers Price in the prescribed proforma,


FORM-AA, enclosed in Vol II of the tender document.

ii.

Price quotation as per Bill of Quantities enclosed in the Vol II


of the tender document.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

8.4

VOLUME - I of III
PAGE No. 13

of

SIGNATURE

8.4.1 Each and every page of the tender proposal including the original
tender document supplied by the Consultant/ downloaded from the
Web-site as per Cl.4.0 of this ITT shall be signed by the Tenderer
with his usual signature. In case of a partnership or Hindu Joint
Family firm, tenders may be signed by only one of the partners or
manager, as the case may be, or by any other duly authorised
representative followed by the name and designation of the person
so signing. Tenders of a Company shall be signed, on behalf of the
Company, by a person authorised to do so and a Legal Power of
Attorney showing the authority of the person to sign the tender on
behalf of the Company shall accompany the tender.
8.4.2 Signature of the Tenderer or his authorised representative shall be
attested by signatures and addresses by two responsible persons as
witnesses.
8.4.3 All signatures shall be dated.
8.4.4 All corrections to be attested.
8.4.5 The rates quoted by the Tenderer shall be free from
corrections/cutting and overwritings. Corrections, if any, shall be
attested by the person signing the tender. Tenders containing
overwriting, erased rate(s) or corrections without attestation shall
be liable for rejection. Tenders quoting rates for items different from
those prescribed in the Schedule of Items/Bill of Quantities shall
also be liable for rejection.
9.0
9.1

MANNER OF SUBMISSION
All the Tenders shall be prepared by typing or printing with indelible
black ink on white paper in sequentially numbered pages and be in
solid binding. Each Tenderer shall submit his proposal one in original
together with five (5) copies thereof. In case of discrepancy between
original and copy, original shall prevail.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 14

of

9.2

The Tenderer's Tender and the documents attached thereto shall be


considered for forming part of the contract documents.

9.3

Tender shall be submitted in three (3) parts - Part-I, Part-II and


Part-III.
a)

b)
c)

Part-I consisting of EMD, Letter of Undertaking, and tender fee


in the form of a demand draft as prescribed or the receipt for
the payment made, in case the tender fee is already paid,
Integrity Pact and certificate regarding completeness of
Integrity Pact.
Part-II shall include the technical offer and commercial
conditions and blank formats of Price Schedule (without any
rate or amount).
Part-III shall include the Price Schedule(s) duly filled in.

Price schedule copy in Part-II must be identical of the price schedule


copy to be submitted in Part-III, except that the copy in Part-II should
not contain any price figure.
9.4

All commercial conditions shall be included in Part-II.

9.5

The three parts shall be submitted in three separate sealed envelopes


super scribed on top as PART-I EMD, Letter of Undertaking, Tender
fee, Integrity Pact and certificate regarding completeness of Integrity
Pact. PART II TECHNICAL & COMMERCIAL OFFER and PART-IIIPRICE OFFER respectively. These sealed envelopes shall be submitted
in another sealed envelope, super scribing the Tender No., Name of
the work, due date of submission and name and address of the
Tenderers along with fax and telephone no., on the envelope. Tender,
as aforesaid must be submitted in five copies (one original and four
copies) at the address and by the time and date mentioned in the
Notice Inviting Tender.

9.6

The Tenderer has the option of sending the Tender by speed post/
registered post / courier or by submitting the Tender in person, in
sealed covers so as to reach the tender receiving authority on or
before the date and time set out in the Notice Inviting Tender.
Tenders submitted by telex/ telegram/ fax/ E-mail will not be

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 15

of

accepted. Tenders received after the stipulated date and time will not
be accepted.
10.0

INFORMATION REQUIRED WITH THE TENDER

10.1

GENERAL

i.) Tenderer to ensure that all Documents, Drawings and other


information requested vide Technical Specification to be submitted
along with the Tender are submitted in five ( 5 ) copies.
ii.) In
case
the Tender
information
contradicts
specification
requirements, the specification requirements will govern, unless
otherwise brought out clearly by the Tenderer in the technical/
commercial deviation schedule.
iii.) Summary bar-chart showing periods for various activities from the
start to completion of the entire work.
10.2

PART-I
The following shall be submitted as Part-I of the Tender proposal:

i.) Earnest Money Deposit (EMD): This shall be in any one of the
following forms for the value as specified in the Notice Inviting
Tender.
a.)

A crossed demand draft in favour of M/s. NMDC LIMITED from


any Nationalised Indian bank/ scheduled commercial bank
including a foreign bank having a branch in India, payable at
Hyderabad.

b.)

A Bank Guarantee from a Nationalised Indian bank/ scheduled


commercial bank including a foreign bank having a branch in
India drawn in favour of M/s. NMDC LIMITED in the pro-forma
prescribed at Annexure-I to this Instructions to Tenderers,
irrevocable and operative till three months after the expiry
date of the validity of the tender or till such date as may be
specified by the OWNER for keeping the tender open.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 16

of

Note: Earnest Money deposited in any other form will not be


accepted and the Tender will be rejected.
ii.) Letter of Undertaking: This shall be submitted in the prescribed
proforma as per TPF Form B to the General Conditions of Contract
(GCC).
iv.) Tender fee in the form of demand draft as prescribed, if the
document is down loaded from website. In case the document has
been purchased, the receipt for having made the payment shall be
enclosed.
10.3

Part II - Techno-Commercial Bid


The following documents duly filled in and signed with date and seal
on each page by the Tenderer shall be submitted as PART-II of the
Tender proposal:
i.)

Pre-Qualification details as per Form I of TPF.

ii.)

Organisation set up proposed at the site work: This shall be


furnished in the prescribed proforma as per TPF Form D
indicating the field management proposed by the Tenderer for
executing the work.

iii.)

One set of the tender document duly signed and stamped in


all the pages shall be submitted in token of its acceptance.
However, the tender documents available with MECON /
NMDC shall be considered as authentic.

iv.)

Dummy PRICE sets to be submitted by the Tenderer without


the price duly signed on all pages for execution of all items as
per the Specifications/Standards by successful bidder.

v.)

Statement of Exception and Deviations taken from the tender


conditions shall be furnished in the prescribed pro-forma as
per TPF FormH, indicating therein the Exceptions and
Deviations taken from the tender conditions by the Tenderer,
but without indicating the rates and cost thereof.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 17

of

vi.)

Latest (not earlier than 6 months from the due date of


submission of tender) Power of Attorney of the signatory of
the tender in original in stamp paper of value not less than
Rs.50/- or duly attested by a Notary Public.

vii.)

Valid certificate of registration of B class Electrical


Contractor from the Karnataka Electrical Inspectorate. In
case, if the Tenderer does not possess the same, he shall
give an undertaking that he shall obtain B class Electrical
Certificate from the Karnataka Electrical Inspectorate within
three (3) months from the date of issue of Letter of Award of
Contract or its authorized extension or appoint such valid
license holder on his behalf for execution of this work.

viii.)

Original solvency certificate from any Indian nationalized bank/


scheduled commercial bank including foreign bank having a
branch in India for a value as indicated in the NIT and dated
not earlier than three months from the due date of submission
of tenders.

ix.)

Copy of valid PF code number duly allotted by any Regional


Provident Fund Commissioner. In case the bidder does not
possess valid PF code number, then the bidder has to give an
undertaking on a non-judicial stamp paper of value not less
than `100/-stating that within one month from the date of
issue of Letter of Award of Contract he shall obtain PF code
number.

x.)

Sales tax registration number/ Taxpayers identification number


in the state of Karnataka. In the case the tenderer does not
possess such registration number, he shall give an undertaking
that the same shall be obtained in case the work is awarded to
him.

xi.)

Photocopy of Permanent Account Number (PAN) issued by IT


Department.

xii.)

Audited Profit and Loss Account and Balance Sheet for the
last Three (3) financial years certified by Chartered
Accountant (C.A.)

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

xiii)

VOLUME - I of III
PAGE No. 18

of

Tenderers proposed quality assurance programme.

xiv.)

Time schedule in the form of BAR CHART/Network proposed


by the Tenderer for
completion of the work within the time
specified in Notice Inviting Tender (NIT).

xv.)

Overall description of the method the Tenderer proposes to


adopt for carrying out the work.

xvi.)

Amendments/corrigenda/Addenda etc. for the work, if any,


issued by the OWNER/ CONSULTANT, duly signed, by the
Tenderer.

xvii.) Interpretations/Clarifications on this tender document, if any,


issued by the OWNER/ CONSULTANT, duly signed by the
Tenderer.
xviii.) Copy of central sales tax registration certificate or
undertaking that the same will be furnished in case the work
is awarded to the tenderer.
xix.)

Mobilisation of plant & machinery.

xx.)

Declaration to be given by the Tenderer in his letter head that


the firm is not blacklisted by any PSU/ Govt. Body. On
verification, if it is found that the Tenderer has given
misleading/ false information, then the tender will be
summarily rejected.

xxi.)

Information regarding litigation, current or during the last five


years, in which the Tenderer is involved the parties concerned
and disputed amount.

xxii.) Any other information the Tenderer desires to furnish in


connection with this tender.
10.4

PART-III: Price Bid.


The following documents duly filled in and signed by the Tenderer
shall be submitted as PART-III of the Tender proposal:

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

11.0

VOLUME - I of III
PAGE No. 19

of

i.)

Summary of Tenderers Price in the prescribed proforma,


FORM-AA, enclosed in Vol I (Part B) of the tender
document.

ii.)

Price quotation in Price Format enclosed in the Vol I (Part B)


of the tender document.

LOCAL CONDITIONS

11.1

It will be imperative on each Tenderer to fully inform himself of all


local conditions and factors which may have any effect on the
execution of the works covered under these tender documents and
specifications.
The Owner shall not entertain any request for
clarifications from the Tenderers, regarding such local conditions.

11.2

It must be understood and agreed that such factors have been


properly investigated and considered while submitting the proposal.
No claim for financial adjustment to the contract awarded will be
entertained by the Owner on this account. Neither any change in
the time schedule of the Contract nor any financial adjustments
arising thereof shall be permitted by the Owner, which are based on
the lack of such clear information or its effect on the cost of the
Works to the Tenderer.

12.0

RECEIPT OF TENDER

12.1

If the tender is being submitted by hand, the tender shall be handed


over to Asst. General Manager (Contracts), MECON Limited, 89,
South End Road, Basavanagudi, Bangalore - 560 004.

12.2

Late Tenders: Tenders received after the closing date and time will
not be accepted. The OWNER/ MECON will not be responsible for
postal/ speedpost loss or delay.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT
13.0

VOLUME - I of III
PAGE No. 20

of

MODIFICATION AND WITHDRAWAL:

13.1

Bidders may modify or withdraw their bids after submission by


giving notice in writing before the deadline prescribed in NIT for
submission of bids.

13.2

Each Bidders modification or withdrawal notice shall be prepared,


sealed, marked and delivered as follows:
a) The Bidder shall provide one original plus 3 (three) copies of any
modifications to its bid, clearly identified as such in two inner
envelopes duly marked BID MODIFICATIONS - Original and
BID MODIFCATIONS -Copies. The inner envelopes shall be
sealed in outer envelope, which shall be duly marked BID
MODIFICATIONS.
b) The Bidder shall provide one original plus 3(three) copies of
withdrawal notice of its bid, clearly identified as such, in two
inner envelopes duly marked BID WITHDRAWAL NOTICE
Original and BID WITHDRAWAL NOTICE Copies. The
inner envelopes shall be sealed in an outer envelope, which shall
be duly marked BID WITHDRAWAL NOTICE.
c) Other provisions concerning the marking and dispatch of bid
modifications or withdrawal shall be in accordance with Clause
9.0 of ITT Manner of Submission.

13.3

No bid may be modified or withdrawn after the deadline for


submission of bids.

13.4

Withdrawal or modification of a Bid between the deadline for


submission of bids and the expiration of the original period of bid
validity in Clause 13.0 of NIT or as extended pursuant to Clause
14.0 of NIT may result in the forfeiture of the Bid security.

13.5

Bids together with any modification specified under the clause shall
be considered as final bid at the time of opening of bid.

Note : On the due date and appointed time as specified in NIT, the
Consultant will open Part-I & Part-II (original) of all bids received
including modifications made pursuant to Cl. 13.0 above
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 21

of

(Modification and Withdrawal) in presence of the Bidders or their


authorised representatives who choose to attend as per procedure
indicated in NIT.
Envelopes marked WITHDRAWAL shall be opened and read out
first. Bids for which an acceptable notice of withdrawal has been
submitted pursuant to Cl. 13.0 above (Modification and withdrawal)
shall not be opened.
14.0 VALIDITY OF TENDER
14.1

The tender and the prices quoted therein shall remain valid for
acceptance for a period of six (06) months from the last date set for
the submission of tender.

15.0 TENDER OPENING


15.1

Tenders shall be opened at the time and date set for opening of
tenders in the Notice Inviting Tender in the presence of Tenderers
who may choose to be present. Initially, PART I of the tenders shall
alone be opened. Part II shall be opened only if Part I of the tender
is found acceptable to MECON LIMITED. The offers submitted by
Tenderers whose Part-I is not in order shall be rejected and shall not
be considered further. Part III of the tenders in sealed cover will be
kept under safe custody of the OWNER/ Consultant, unopened.

15.2

The date and time of opening of PART III of the tenders (i.e. Price
Bid) shall be intimated to the qualified tenderers at an appropriate
stage of tender processing.

16.0 DISCREPANCIES AND ADJUSTMENT OF ERRORS


16.1

Bids determined to be responsive will be checked by the Owner/


Consultant for any arithmetic errors. Errors will be corrected by the
Owner/ Consultant as follows:
a) Where there is a discrepancy between the rates in figures and in
words, the rate in words will govern and

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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NMDC LIMITED

MECON
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KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 22

of

b) Where there is a discrepancy between the unit rate and the line
item total resulting from multiplying the unit rate by the
quantity, the unit rate as quoted will govern
16.2

The amount stated in the Bid will be adjusted by the Owner/


Consultant in accordance with the above procedure for the
correction of errors and with concurrence of the bidder shall be
considered as binding upon the bidder. If the bidder does not accept
the corrected amount, the bid will be rejected, and the bid security
may be forfeited.

17.0 TENDER DISCUSSIONS


17.1 During the processing/evaluation of the tender proposals, the
Tenderers may be required to attend to the OWNERS/ Consultants
office for discussions/clarifications. Tenderers, on request from the
OWNER/ Consultant, shall attend Tender discussions at their cost.
18.0 AWARD OF CONTRACT
18.1

Notification of Award of Contract will be made in writing to the


successful Tenderer by the Owner within the validity period or
extended period of validity through a Letter of Award of Contract.

18.2

The Owner shall award a composite order covering the entire scope
of work in line with the terms and conditions specified in the
accompanying Technical Specifications if any.

19.0
19.1

CONTRACT AGREEMENT
The CONTRACTOR shall enter into and execute an agreement in the
prescribed pro-forma enclosed as Annexure-I in Section GCCGeneral Conditions of Contract, within the time specified in the
Letter of Award of Contract. The cost of the stamp fee of the
Agreement shall be borne and paid by the CONTRACTOR. In case
the CONTRACTOR fails to execute the Agreement within the time
thus specified, the OWNER, at its sole discretion, may cancel the
letter of acceptance and forfeit the Earnest Money.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 23

of

20.0 GENERAL
20.1

Canvassing: Canvassing in connection with this Tender is strictly


prohibited. Tender of the Tenderer who resorts to canvassing shall
be liable for rejection.

20.2 Tender documents not to be tampered: Tenderer should not alter or


remove any page of the tender documents and should submit
complete set in the manner prescribed above, duly filled in signed
and dated. Failure to comply with these instructions shall result in
rejection of the tender.
20.3 No claim for compensation for submission of tender:
For the
preparation and submission of tender, the tenderer shall not be
entitled to any cost, expenses or other claims whether or not his
tender is accepted/rejected and/or Notice Inviting Tender is
modified, withdrawn or cancelled.
20.4

Lowest tender may not be accepted: The OWNER/ Consultant is not


bound to accept the lowest or any tender or to assign any reason for
non-acceptance. The OWNER/ Consultant also reserves the right to
accept the tender either in whole or in part. The OWNERs decision
in this regard shall be binding to the Tenderers.

20.5 Tender documents not transferable: Tender documents are nontransferable and the documents issued by the OWNER/ Consultant
to an intending Tenderer shall be used only by that Tenderer.
20.6 Refund of Earnest Money: The OWNER will refund the Earnest
money, to every unsuccessful tenderer after award of work to the
successful Tenderer, without any interest, upon receipt of a written
request from the TENDERER. The EMD of the successful tenderer
will be refunded on submission of Security Deposit / Contract
Performance Guarantee and signing the contract agreement.
20.7

The successful Tenderer should possess a separate provident fund


code number allotted by the Regional Provident Fund Commissioner
and only such Tenderer shall be considered for award of contract.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 24

of

Tenderer to indicate the code number and submit documentary


evidence.
21.0 RELATIONSHIP WITH THE EMPLOYEES OF THE OWNER
The Tenderer shall enclose declaration along with the tender if any
of the OWNERS employees or his/her relatives, which term includes
wife/husband, parents, grand-parents, children, grand-children,
brothers, sisters, uncles, aunts, cousins and their corresponding inlaws is/are partner(s) with them. If so, the name and address of
such persons shall be furnished. If not, the Tenderer shall enclose a
separate certificate in the following pro-forma:
CERTIFICATE
I/We hereby declare that no OWNERS employees or is/her relatives,
as specified in Cl.No. 21.0 of the Instructions to Tenderers, is/are
partner(s) with me/us.
Dated Signature of the Tenderer
With Seal
22.0 MANNER OF EXECUTION OF CONTRACT
22.1

Subsequent to Acceptance of the Letter of Award of Contract (LAC)


by the contractor, the Owner/Consultant shall dispatch within 30
days a copy of the Approved Contract Agreement to the contractor.
The Contractor within 15 days from the date of dispatch of the
approved draft contract agreement by the owner shall prepare the
final contract documents and submit two (2) original copies of the
same to the Owner for the purpose of signing of the Contract
Agreement.

22.2

The Contract Agreement, unless otherwise agreed to, shall be


signed within 15 days of the date of submission of the original
contract agreement to the owner, at the office of the Owner on a
date and time to be mutually agreed. The Contractor shall provide
for signing of the Contract appropriate power of attorney and other
requisite materials.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT
22.3

22.4

VOLUME - I of III
PAGE No. 25

of

The Agreement will be signed in two (2) originals and the Contractor
shall be provided with one signed original and the Owner will retain
the second. All expenses for making agreements including cost of
stamp papers shall borne by the Contractor.
Subsequent to signing of the Contract, the Contractor at his own
cost shall provide the owner with six (6) true copies of Agreement.

23.0 CONTRACT PERFORMANCE BANK GUARANTEE


23.1

Within thirty (30) days of the date of letter of Award of Contract, the
successful Tenderer, to whom the contract is awarded, shall furnish a
Contract performance guarantee (security deposit) from a
Nationalised Indian Bank, in the form attached as Annexure-II to the
General Conditions of Contract (GCC) in favour of the Owner. The
guarantee amount shall be equal to ten percent (10%) of the Total
contract price and it shall be for due and faithful performance of the
contract in accordance with the terms and conditions specified in
these tender documents.The guarantee shall be valid till 90 days
beyond the expiry of the guarantee period.

24.0

CONTRACT QUALITY ASSURANCE

24.1

The Tenderer shall include in his proposal the Quality Assurance


Programmes (QAP) containing the overall quality management and
procedures, which he proposes to follow in the performance of the
Works during various phases.

24.2

At the time of Award of Contract, the detailed Quality Assurance


Programme to be followed for the execution of the Contract will be
mutually discussed and agreed to and such agreed QAP shall form a
part of the Contract.

25.0 SUBMISSION OF BANK GUARANTEE


In case the tenderer intends to submit Bank Guarantee, it shall be
the responsibility of the tenderer, that the original Bank Guarantee
to be submitted by the tenderer should be sent by the issuing bank
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NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 26

of

under Registered Post (A/D) to tender receiving authority directly. It


is also be the responsibility of the tenderer to co-ordinate with the
bankers for dispatch of original Bank Guarantee to the mentioned
address. However, a copy of bank guarantee should be submitted in
Part-I of the offer in case of EMD, as stipulated elsewhere in the
tender document.
Note :
i)
In case of Bank Guarantee (BG) towards EMD, the BG
shall be submitted from any Nationalized Indian Bank/
Scheduled Commercial Bank or a Foreign Bank having a
branch in India.
ii)
In case of BG towards Contract Performance Guarantee
(CPG), the BG shall be submitted only from
Nationalized Indian banks.
26.0 ONE TENDER PER TENDERER
Each tenderer shall submit only one tender for one work. A tenderer
who submits or participates in more than one tender (other than as
subcontractor or in case of alternatives that have been permitted or
requested) will cause all the proposals with the tenderers participation
to be disqualified.
27.0 INTEGRITY PACT
The Bidder must accept the Integrity Pact as per the proforma
enclosed along with the tender document and shall submit the same
duly signed along with the offer in a separate sealed envelope
superscribed with Integrity Pact. Offer of the Bidder received
without duly signed Integrity Pact will not be considered.
The procedure for submission of integrity pact would be as follows:

The Indian bidder should submit the integrity pact on a non-judicial


stamp paper of `100/- duly signed by the authorised representative
on all pages.

In case of overseas bidder, the bidder shall submit the integrity pact
on his companys letter head duly signed by the authorised
representative.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 27

of

If the bidder / contractor is a partnership firm or a consortium, the


integrity pact shall be signed by all the partners or the consortium
members.

At the time of tender opening, the envelope containing the integrity


pact will be opened and signed by the tender issuing officer or his
authorised nominee.

All the pages of the integrity pact should be signed by both, the
Principal as well as the Bidder.

The Bidder should not change the contents of the integrity pact.

The Principal or his representative will sign the Integrity Pact after
opening of the Tender.
The details of the External Independent Monitors nominated for this
tender are given here under:
Sl. No.

1.

Name of
Monitor

the

External

Independent

Dr. J.S. Juneja.

28.0 TENDER PRICES


The tenderer shall fill in rates and prices for all items of the works
described in the bill of quantities. In the BOQ, if the Tenderer does
not quote rates for 5% or more of items indicated in the BOQ, then
the offer shall be rejected and if the Tenderer quotes and
erroneously does not indicate rates for less than 5% of items
indicated in the BOQ, then rates of H1 shall be considered for those
particular items for evaluation.
29.0 ALTERNATIVE PROPOSAL BY TENDERERS
Tenderers shall submit offers that comply with the requirements of
the tender documents, including the basic technical design as

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 28

of

indicated in the drawing and specifications. Alternatives will not be


considered.
30.0 CORRUPT OR FRAUDULENT PRACTICES
30.1 The employer requires that Bidders/ Suppliers/ Contractors under
this contract, observe the highest standard of ethics during the
procurement and execution of this contract. In pursuance of this
policy, the Employer:
a) defines, for the purpose of these provisions, the terms set forth as
follows :
(i) Corrupt practice means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution;
and
(ii) Fraudulent practice means a misrepresentation of facts in
order to influence a procurement process or the execution of a
contract to the detriment of the employer, and includes
collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial noncompetitive levels and to deprive the employer of the benefits
of free and open competition.
b) Will reject a proposal for award of work if he determines that the
Bidder recommended for award has engaged in corrupt or
fraudulent practices in competing for the contract in question.
c) Will declare a Bidder in eligible, either indefinitely or for a stated
period of time, to be awarded a contract/contracts if he at any
time determines that the Bidder has engaged in corrupt or
fraudulent practices in competing for, or in executing, the
contract.
31.0 EXAMINATION
OF
RESPONSIVENESS

BIDS

AND

DETERMINATION

OF

31.1 Prior to detailed evaluation of Bids, the Employer will determine


whether each Bid
a) meets the Pre Qualification criteria as per clause 8.0 of NIT.
b) has been properly signed by an authorized signatory (accredited
representative) holding Power of Attorney in his favour. The

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NMDC LIMITED

MECON
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PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 29

of

Power of Attorney shall interalia include a provision to bind the


Bidder to settlement of disputes clause.
c) is accompanied by the required EMD and
d) is responsive to the requirements of the Bidding documents
31.2 A responsive Bid is one, which conforms to all the terms, conditions
and specification of the Bidding documents, without material
deviation or reservation.
A material deviation or reservation is one
a) which affects in any substantial way the scope, quality or
performance of the Works.
b) which limits in any substantial way, the Employers rights or the
Bidders obligations under the Contract; or
c) Whose rectification would affect unfairly the competitive position
of other Tenderers presenting responsive Bids.
31.3 If a Bid is not substantially responsive, it will be rejected by the
Employer, and may not subsequently be made responsive by
correction or withdrawal of the non-conforming deviation or
reservation.
32.0 AMENDMENT OF BIDDING DOCUMENTS
32.1

Before the deadline for submission of tender, the owner may modify
the bidding documents by using addenda.

32.2 Any addendum thus issued shall be part of the bidding documents
and shall be hosted on MECONs website www.meconlimited.co.in.
Further, amendments, if any issued for the tender shall form part
and parcel of the Tender Document. All amendments will be
displayed in MECONs website.
32.3 To give prospective bidders reasonable time in which to take an
addendum into account in preparing their bids, the owner shall
extend as necessary the deadline for submission of tender.
32.4 Bidders
are
requested
to
visit
MECONs
website,
www.meconlimited.co.in and note the amendments and other
changes before submission of bid. MECON/ NMDC shall not be
responsible if any Bidder omits to notice any amendments.
Amendments will be numbered consecutively.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 30

of

33.0 CLARIFICATION OF BIDS


33.1

33.2

33.3

To assist in the examination and comparison of tender the owner


may, at his discretion, ask any tenderer for clarification of his tender
including breakdown of unit rates. The request for clarification and
the response shall be in writing but no change in the price or
substance of the Bid shall be sought, offered, or permitted except as
required to conform the correction of arithmetic errors discovered by
the Employer in the evaluation of the Bids.
No Bidder shall contact the Employer on any matter relating to his
bid from the time of the bid opening to the time the contract is
awarded. If the Bidder wishes to bring additional information to the
notice of the Employer, he should do so in writing.
Any effort by the Bidder to influence the Employers bid evaluation,
bid comparison or contract award decisions, may result in rejection.

34.0 COMMUNICATIONS
34.1

Communications between parties, which are referred to in the


conditions, are effective only when in writing. A notice shall be
effective only when it is delivered (in terms of Indian Contract Act
1872)

35.0 EVALUATION AND COMPARISON OF BIDS


If the bid of the successful bidder is seriously unbalanced in relation
to the employer estimate of the cost of work to be performed under
the contract, the Employer/ Consultant may require the Bidder to
produce detailed price analysis for any or all items of the bill of
quantities, to demonstrate the internal consistency of those prices
with the implementation/ construction methods and schedule
proposed.
Requirement of submission of analysis by the Contractor should be
complied and submitted to the Employer within the stipulated time
fixed by the Employer/ Consultant or his nominee failing which the
bid would be treated as non-responsive.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 31

of

ANNEXURE I
PROFORMA FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY
DEPOSIT
On Non-judicial stamp paper of value not less than `100.00
__________________________________Bank Ltd.
____________________________________
B.G. No. _______________________
A/c of (Name of address) ____________________________
Limit of liability `/_____________ Date of expiry __________
Ref : Tender Notice No. ______________________dt. __________
For (Name of work)
_________________________________________________________________________
Subject :
Earnest Money Deposit
___________________________________________________________
_______
To :
NMDC Limited,
Khanij Bhavan,
10-3-311/A, Castle Hill,
Masab Tank,
Hyderabad - 500 173.
Andhra Pradesh (INDIA)
Dear Sirs,

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 32

of

1. In consideration of the NMDC Limited, (hereinafter called "the


Company") which expression shall unless repugnant to the subject
or context, include his successors and assigns having agreed to
exempt M/s_________________________ from demand under the
terms & conditions of Tender No. _______________ issued by the
Company for the works (hereinafter called the said "Document")
from deposit of Earnest Money for the due fulfillment by the M/s
.(name of the Tenderer) of the terms and conditions
contained in the said Document on production of Bank Guarantee for
______________
(Rupees
___________
only).
We
the
______________ Bank. Ltd. (hereinafter referred to as the said
Bank), a company under the companies Act. 1956 and having our
registered office at ________________ do hereby undertake and
agree to indemnify and keep indemnified the Company to the extent
of `/______________ (Rupees ______________ only) against any
losses, damage cost, charges and expenses caused to or suffered by
or that may be caused or suffered by the Company by reason of any
breach or breaches by (M/s ..(name of the
Tenderer) of any of the terms and conditions contained in the said
Document and unconditionally pay the amount claimed by the
Company on demand and without demur to the extent aforesaid.
2. We ____________Bank Ltd. do hereby undertake to pay the
amounts due and payable under the guarantee without any demur,
reservation, protest and not withstanding any dispute between the
Company and the Tenderer merely on a demand by you stating that
the amount claimed is due by way of loss or damage caused to or
would be caused or suffered by you by reason of any breach by M/s
(name of the Tenderer) of any of the terms or
conditions contained in the said Document by reason of the M/s
(name of the Tenderer)'s failure to perform conditions of the
said Document. Any such demand on the Bank shall be conclusive
as regards the amount due and payable by the Bank under this
guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding `/ ...................
3. We __________________ Bank Ltd. further agree that the
Company shall be the sole judge of and as to whether the
M/s..(name of the Tenderer) has committed any breach or
breaches of any of the terms and conditions of the said Document
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 33

of

and the extent of loss, damages, costs charges and expenses


caused to or suffered by or that may be caused to or suffered by the
Company on account thereof to the extent of the Earnest Money
required to be deposited by M/s (name of the Tenderer) in
respect of the said Document and the decision of the Company that
M/s.(name of the Tenderer) has committed such breach or
breaches and as to the amount or amounts of loss, damages, costs,
charges and expenses caused to or suffered by or that may be
caused to or suffered by the Company shall be final and binding on
us.
4. We _________________ Bank Ltd. further agree that guarantee
herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said
Document and that it shall continue to be enforceable till all your
dues under or by virtue of the said Document have been fully paid
and its claims satisfied or discharged or till you certify that terms
and conditions of the said document have been fully and properly
carried out by the said M/s.. and accordingly discharge the
guarantee. Unless a demand or claim under this guarantee is made
on us in writing on or before the ______________ we shall be
discharged from all liability under this guarantee.
5. We _______________ Bank Ltd. further agree with you that you
shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the
terms and conditions of the said Document or to extend time asked
by M/s.. from time to time or to postpone for any time or
from time to time any of the powers exercisable by you against M/s
.. and to forbear or enforce any of the terms and conditions
relating to the said document and we shall not be relieved from our
liability by reason of any such variation or extension being granted
to M/s.. or for any forbearance act or omission on your
part or any indulgence by you to M/s. or by any such
matter or thing whatsoever under the law relating to sureties would
but for this provision have effect of so relieving us.
6. It shall not be necessary for the Company to proceed against
M/s.. before proceeding against the Bank and the
Guarantee herein contained shall be enforceable against the Bank,
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 34

of

notwithstanding any security which the Company may have


obtained from M/s at this time when proceedings
are taken against Bank hereunder be outstanding or unrealised.
7. We __________________ Bank Ltd. further undertake to
unconditionally pay the amount claimed by the Company merely on
demand and without demur to the extent aforesaid.
8. We, the said Bank lastly undertake not to revoke this guarantee
during its currency except with the previous consent of the
Company in writing and agree that any change in the constitution of
the Company or of M/s or the said Bank shall not
discharge our liability hereunder.
9. Not withstanding anything contained herein
(i)

Our liability under this bank guarantee shall not exceed ` . (


Rupees . . . )
(ii) This bank Guarantee shall remain valid upto
(iii) Our liability to make payments shall arise and we are liable to
pay the guaranteed amount or any part thereof under this
guarantee only and only if you serve upon us a written claim or
demand in terms of guarantee on or before .

Witness

Dated________day of ________ 20.._____


For____________________ Bank Ltd.
Signature___________________
Seal

Note:

While issuing the Bank Guarantee either for Earnest Money, the
issuing Bank must furnish following details:
-

Name & address of the Bank

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT
-

VOLUME - I of III
PAGE No. 35

of

Contact person
Telephone no.
Fax no.
E-mail address:

The Tenderer while getting the Bank Guarantees issued by the Banker
must take care of the above details

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 36

of

46

Annexure II
INTEGRITY PACT
Between
NMDC LIMITED hereinafter referred to as The Principal,
And
______________________ hereinafter referred to as The
Bidder / Contractor

Preamble
The Principal intends to award a contract, under laid down
organisational procedures, contract/s for
(Description of the
Equipment). The Principal values full compliance with all relevant
laws and regulations and the principles of economical use of
resources and of fairness and transparency in its relations with its
Bidder /s and /or Contractor(s).
In order to achieve these goals, the Principal cooperates with the
renowned international Non Governmental Organization,
Transparency International (TI). Following TIs national and
international experience, the Principal will appoint an External
Independent Monitor who will monitor the tender process from
the beginning till execution of the Contract for compliance with
the principles mentioned HEREIN.

Section 1 Commitments of the Principal:(1)

The Principal commits itself to take all measures necessary to


prevent corruption and to observe the following principles:i.

No employee of the Principal, personally or through family


members, will in connection with the tender for, or the
execution of a Contract demand, take a promise for or accept,

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 37

of

for him / herself or third person, any material benefit which


he / she is not legally entitled to;
ii. The Principal will, during the tender process, treat all Bidders
with equity and reason. The Principal will in particular, before
and during the tender process, provide to all Bidders the
same information and will not provide to any Bidder
confidential / additional information through which the Bidder
could obtain an advantage in relation to the tender process or
the Contract execution;
iii. The Principal will exclude from the process all known
prejudiced persons.
(2)

If the Principal obtains information on the conduct of any of


its employees which is a criminal offence under the relevant
Anti-corruption Laws of India, or if there be a substantive
suspicion in this regard, the Principal will inform its Vigilance
Office and in addition can initiate disciplinary action.

Section 2 Commitments of the Bidder /


Contractor
(1)

The Bidder / Contractor commits himself to take all measures


necessary to prevent corruption. He commits himself to
observe the following principles during his participation in the
tender process and during the Contract execution:
I.

The Bidder / Contractor will not, directly or through any


other person (s) or firm, offer, promise or give to the
Principal, to any of the Principals employee involved in the
tender process or the execution of the Contract or to any
third person any material or immaterial benefit which he / she
is not legally entitled to, in order to obtain, in exchange an
advantage during the tender process or the execution of the
Contract.

II.

The Bidder / Contractor will not enter with other Bidders into
any Illegal agreement or understanding, whether formal or

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NMDC LIMITED

MECON
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VOLUME - I of III
PAGE No. 38

of

informal. This applies in particular to prices, specifications,


certifications, subsidiary contracts, submission or non
submission of bids or actions to restrict competitiveness.
III.

The Bidder / Contractor will not commit any criminal offence


under the Relevant Anti- corruption Laws of India; further,
the Bidder / Contractor will not use improperly, for purposes
of competition or personal gain, or pass on to others, any
information provided by the Principal as part of the business
relationship, regarding plans, technical proposals and
business details, including information contained or
transmitted electronically.

IV.

The Bidder
/ Contractor will, when presenting his bid,
disclose any and all payments he has made, is committed to
or intends to make to agents, brokers or any other
intermediaries in connection with the award of the Contract.

(2)

The Bidder / Contractor will not instigate third persons to


commit Offences outlined above or be an accessory to such
offences.

(3)

The Bidder / Contractor may indicate the advantage of his


offer compared to the tender terms and conditions. The
Bidder / Contractor shall not make any commitment
whatsoever on the offers / products of other bidder(s)
thereby influencing the principal to take decision in favour of
the former.

Section: 3 Disqualification from tender process and


exclusion from future contracts
1.

If the Bidder, before Contract award, has committed a serious


transgression through violation of Section 2 or in any other
form such as to put his reliability or credibility as Bidder into
question, the Principal is entitled to disqualify the Bidder from
the tender process or to terminate the Contract, if already
signed, for such reason.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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NMDC LIMITED

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CHAPTER - ITT

PAGE No. 39

of

2.

If the Bidder / Contractor has committed a serious


transgression through a violation of Section 2 as to put his
reliability or credibility into question, the Principal is entitled
also to exclude the Bidder / Contractor from future Contract
award processes. The imposition and duration of the exclusion
will be determined by the severity of the transgression. The
severity will be determined by the circumstances of the case,
in particular the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and
the amount of the damage. The exclusion will be imposed for
a minimum of six (6) months and a maximum of three (3)
years.

3.

If the Bidder / Contractor can prove that he has restored /


recouped the damage caused by him and has installed a
suitable corruption prevention system, the principal may
revoke the exclusion prematurely.

4.

A transgression is considered to have occurred if in light of


available evidence no reasonable doubt is possible.

Section 4 Forfeiture of Earnest Money


Deposit/Security Deposit
1).

If the Principal has disqualified the Bidder from the tender


process prior to the award according to Section 3, the
Principal is entitled to forfeit the bidders Earnest Money
Deposit.

2).

If the Principal has terminated the Contract according to


Section 3, or if the Principal is entitled to terminate the
Contract according to Section 3, the Principal shall be entitled
to forfeit the bidders Earnest Money Deposit/ Security
Deposit.

Section 5 Previous Transgression


(1).

The Bidder declares that no previous transgressions occurred


in the last three years with any other company in any country
confirming to the TI approach or with any other Public Sector

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NMDC LIMITED

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CHAPTER - ITT

VOLUME - I of III
PAGE No. 40

of

Enterprise in India that could justify its exclusion from the


tender process.
(2)

If the Bidder makes incorrect statement on this subject, he


can be disqualified from the tender process or the contract, if
already awarded, can be terminated for such reason.

Section 6 Equal treatment of all bidders /


contractors / sub-contractors
(1)

The Bidder /Contractor undertakes to demand from all subcontractors the commitment consistent with this integrity pact,
and to submit it to the principal before contract signing.

(2)

The principal will enter into agreement with identical conditions


as this one with all bidders, contractors and sub contractors.

(3)

The principal will disqualify from the process all bidders who do
not sign this pact or submit to the Principal along with the offer.

Section
7

Criminal
charges
Bidders/Contractors/Sub-Contractors

violating

If the Principal obtains knowledge of conduct of a


Bidders/Contractors/Sub-Contractors, or of an employee or a
representative or an associate of a Bidders/Contractors/SubContractors which constitutes corruption, or if the principal
has substantive suspicion in this regard, the principal will
inform the vigilance office.

Section 8 External Independent Monitor


(1)

The Principal appoints competent and credible external


independent Monitor for this Pact. The task of the monitor is
to review independently and objectively, whether and to what
extent the parties comply with the obligations under this
agreement.

(2)

The monitor is not subject to instructions by the


representatives of the parties and performs his functions

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NMDC LIMITED

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PACKAGE NO. VI
CHAPTER - ITT

VOLUME - I of III
PAGE No. 41

of

neutrally and independently. He reports to the Chairman of


the Board of the Principal.
(3)

The Monitor has the right to access without restriction to all


Projects documentation of the Principal. The Contractor will
also grant the monitor, upon his request and demonstration
of a valid interest, unlimited access to his project
documentation. The same is applicable to Subcontractors.
The Monitor is under contractual obligation to treat the
information and documents of the Bidder/Contractor/SubContractor with confidentiality.

(4)

The Principal will provide to the Monitor sufficient information


about all meetings among the parties related to the Project
provided such meetings could have an impact on the
contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to
participate in such meetings.

(5)

As soon as the Monitor notices, or believes to notice, a


violation of this agreement, he will so inform the
Management of the Principal and request the Management to
discontinue or heal the violation, or take other relevant
action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to
demand from the parties that they act in a specific manner,
refrain from action or tolerate action.

(6)

The Monitor will regularly submit a written report to the


Chairman of the Board of the Principal and, should the
occasion arises, submit proposals for correcting problematic
situations.

(7)

If the Monitor has reported to the Chairman of the Board a


substantiated suspicion of an offence under relevant AntiCorruption Laws of India, and the Chairman has not, with
reasonable time, taken visible action to proceed against such
offence or reported it to the Vigilance Officer, the Monitor
may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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MECON
LIMITED

NMDC LIMITED

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ITT

PAGE No. 42

of

Section 9 Pact Duration


This Pact begins when both parties have legally signed it. It
expires for the Contractor 12 months after the last payment
under the respective contract, and for all other Bidders 6
months after the contract has been awarded.

Section 10 Other provisions


(1)

This agreement is subject to Indian Law.


Place of
performance and jurisdiction is the Corporate Office of the
Principal.

(2)

Changes and supplements as well as termination notices


need to be made in writing. Side agreements have not been
made.

(3)

Should one or several provisions of this agreement turn out


to be invalid, the remainder of this agreement remains valid.
In this case, the parties will strive to come to an agreement
to their original intentions.
________________________________
____________________________________

For the Principal

For the Bidder / Contractor

Place: ..
Witness 1:
_________________________________
Date: .
Witness 2:
_________________________________
.

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NMDC LIMITED

MECON
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VOLUME - I of III

CHAPTER - ITT

PAGE No. 43

of

Annexure III
PROFORMA FOR CERTIFICATE REGARDING
COMPLETENESS OF INTEGRITY PACT
Ref :

Dated :

To
N M D C Ltd.,
Khanij Bhavan,
10-3-311/A, Castle Hills,
Masab Tank,
Hyderabad - 500 173.
Dear Sirs,
I*/We* certify that I/ We have enclosed in Part I of our offer relating to
the ____________________________ (full scope of work),
Integrity Pact duly signed and strictly as per the proforma enclosed
along with the Tender Document.

Signature along with Seal of Co.


__________________________________
(Duly authorised to sign the
Tender on behalf of the Contractor)
Name ___________________________
Designation ______________________
Name of Co. _____________________
(In block letters)
Date & Postal Address
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NMDC LIMITED

MECON
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PACKAGE NO. VI

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CHAPTER - ITT

PAGE No. 44

of

ANNEXURE IV
FORM OF EXTENSION OF BANK GUARANTEE
(On non-judicial stamp paper of value not less than ` 100/-)
Ref. No.__________________
To
NMDC LIMITED,
Khanij Bhavan,
10-3-311/A, Castle Hills,
Masab Tank,
HYDERABAD - 500 173.

Date : __________

Sub: Extension of Bank Guarantee No.________ dated ________ for


Rs.__________ favouring yourselves, expiring on _____________________
on account of M/s. ______________________ _______________________
in respect of Contract #._________________ dated __________ (called
original Bank Guarantee).
Dear Sirs,
At the request of M/s. ____________________________, we
_______________ Bank Branch Office at _____________________ and
having its head office at ____________________________ do hereby
extend our liability under the above mentioned Guarantee No.__________
dated ______________ for a further period of ______________ years/
Months from ______________ to expire on _______________.
Except as provided above, all other terms and conditions of the
original Bank Guarantee No.______________ dated ___________ shall
remain unaltered and binding.
Please treat this as an integral part of the original guarantee to which
it would be attached.
Yours faithfully,
For________________________

SEAL OF BANK

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

Manager/Agent/Accountant
Power of Attorney No._______
Dated :_____________________

46

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ITT
NOTE :

VOLUME - I of III
PAGE No. 45

of

The non-judicial stamp papers of appropriate value be


purchased in the name of the bank who has issued Bank
Guarantee.

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MECON
LIMITED

NMDC LIMITED

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VOLUME - I of III

CHAPTER - ITT

PAGE No. 46

of

ANNEXURE V
PROFORMA FOR LETTER OF UNDERTAKING TOWARDS PF
CODE
(Applicable to bidders who do not possess the PF Code)
(on a non judicial stamp paper of value not less than ` 100/-)
I/ We hereby confirm that I/ We am/are not registered with any of the
Regional provident Fund Authorities and/ or I/We are/are not possessing a
valid Provident Code number at present.
I/ We hereby undertake to register with Regional provident Fund Authorities
and/or obtain a valid Provident Fund code number within one month from
the date of issue of Letter of Intent/ Letter of Award of Contract whichever
is earlier.
I/ we also agree that any payment due to us arising out of the excution of
the contract shall be released by the owner only after submission of a copy
of the valid PF code number allotted to us.
Signature of the bidder with seal.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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46

GENERAL CONDITIONS OF CONTRACT AND TENDER


PROPOSAL FORMS

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 1

of 101

GENERAL CONDITIONS OF CONTRACT AND TENDER


PROPOSAL FORMS
INDEX
CLAUSE NO.

1.0
2.0
3.0
4.0
5.0

6.0
7.0
8.0
9.0

10.0

11.0
12.0
13.0
14.0
15.0
16.0
17.0

18.0
19.0
20.0
21.0
22.0
23.0
24.0
25.0

TITLE

INTERPRETATIONS AND DEFINITIONS


EXTENT AND SCOPE OF CONTRACT
ASSIGNMENT & SUB-LETTING
CONSULTANT
CONTRACT DOCUMENT
GENERAL OBLIGATIONS
TOOLS, PLANT, EQUIPMENT & MATERIALS
LABOUR
WORK PERFORMANCE, INSPECTION, TESTING AND ACCEPTANCE
TIME EXTENSION AND DELAYS
DEFECTS AND MAINTENANCE
ALTERATIONS, ADDITIONS & OMISSIONS
VALUATION AND PAYMENT
REMEDIES AND POWERS
CONSTRUCTION FACILITIES
SETTLEMENT OF DISPUTES
INSTRUCTION AND NOTICES
GOVERNING LAWS
DISCOVERIES
POSSESSION OF THE SITE
ACCESS TO THE SITE
IDENTITY DEFECTS
TESTS
TAKING OVER
PERSONNEL

APPENDIX TO GCC
ANNEXURE-I :
ANNEXURE-II:

FORM OF AGREEMENT
FORMAT OF BANK GUARANTEE IN LIEU OF SECURITY
DEPOSIT/ CONTRACT PERFORMANCE GUARANTEE
SAFETY CODE
MODEL RULES FOR LABOUR WELFARE
CONTRACT LABOUR REGULATIONS
TENDER PROPOSAL FORMS

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 2

of 101

GENERAL CONDITIONS OF CONTRACT


1.0

INTERPRETATION AND DEFINITIONS

1.1

Singular and plural: Where the context so requires, words imparting


the singular only also include the plural and vice versa.

1.2

Headings and Marginal Notes to Conditions: Headings and marginal


notes to these General Conditions shall not be deemed to form part of
the contract or be taken into consideration in the interpretation or
construction thereof.

1.3

Definitions:
a) OWNER/EMPLOYER shall mean NMDC Ltd., having its registered
office at 10-3-311/A, Khanij Bhawan, Masab Tank, Castle Hills,
Hyderabad-500173 (A.P), and shall include its legal representatives,
successors and permitted assigns.
b) The CONTRACT shall mean the document comprising Notice
Inviting Tender (or Invitation to Tender), General and Special
Conditions of Contract, Specifications, Drawings, Preamble to Bill of
Quantities, Bill of Quantities with accepted rates and amounts
therein, other appendices, letters, correspondences enclosed
therewith, time schedule, Letter of Intent, Work Order which have
been accepted by the Contractor and a formal agreement if any,
executed between the Owner and the CONTRACTOR. All these
documents shall be complementary to one another and shall be
deemed to form one Contract.
c) The CONTRACTOR/Successful bidder shall mean the tenderer (an
individual or a firm or a company, whether incorporated or not),
whose tender has been accepted by the OWNER and shall include
his legal representatives, successors and permitted assigns.
d) CONTRACT SUM/VALUE/PRICE" shall mean the sum named in the
OWNERs Letter of Intent/Work Order, subject to such additions

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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NMDC LIMITED

MECON
LIMITED

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CHAPTER-GCC

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thereto and deductions there from, as may be made under the


provisions of the Contract.
e) ENGINEER-IN-CHARGE/ENGINEER shall mean the Engineering
Officer appointed by the OWNER, including his duly authorised
representative be in-charge of the works for the purpose of this
Contract.
f) CONSULTING ENGINEER/CONSULTANT shall mean MECON
LIMITED duly appointed as CONSULTANT for this work by the
OWNER. In the Tender Document, where Consultant only is
specified, the same shall be read as Consultant/Owner wherever
the context so requires.

g) EXCEPTED RISKS are the risks due to riots (other than those

among CONTRACTOR's employees) and civil commotion (in so far


as these are not uninsurable), war (whether declared or not),
invasion, act of foreign enemies, hostilities, civil war, rebellion,
revolution, insurrection, by military or usurped power, any acts of
Government, damage from aircraft, acts of God (such as
Earthquake, lightening and unprecedented floods etc.) and such
other causes over which the CONTRACTOR has no control and
accepted as such by the OWNER/CONSULTANT, or causes solely
due to the use or occupation by the OWNER of the part of works in
respect of which a certificate of completion has been issued.

h) MARKET RATE shall be the rate, as decided by the ENGINEER, 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 the
Appendix to GCC to cover all overheads and profit (No percentage
shall be added for material issued by the OWNER, if any).

i) The SITE shall mean the lands and/or other places on, under, in or
through which the work is to be executed under the Contract
including any other lands or places which may be allotted by the
OWNER or used for the purpose of the contract.

j) URGENT WORKS shall mean any urgent measures which, in the


opinion of the ENGINEER, are necessary, during the progress of the
work to obviate any risk of accident or failure or for security.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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PAGE No. 4

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k) The WORKS shall mean the permanent works to be executed in


accordance with the Contract or part(s) thereof, as the case may
be, and shall include all extra or additional, altered or substituted
work to be carried out in accordance with the Contract.
l) A Day shall mean a day of 24 hours from mid-night to mid-night
irrespective of the number of hours worked in that day.
m)

A Week shall mean seven days irrespective of the number of


hours worked in that week.

n)

APPROVAL shall mean the written approval by the OWNER/


/CONSULTANT of a document or drawing or other particulars or
matters related to the contract.

o) DRAWINGS shall mean any or all drawings including construction


drawings and sketches or any modifications of such drawings and
sketches as may be issued from time to time by the OWNER/
/CONSULTANT to the CONTRACTOR for the execution of the work.
p) LETTER OF AWARD OF CONTRACT shall mean the Letter to the
tenderer intimating that his tender has been accepted in accordance
with the provisions contained in that letter.

q) MOBILISATION" shall mean establishment of sufficiently adequate

infrastructure by the CONTRACTOR at site comprising of


construction equipment, aids, tools and tackles including setting up
of site offices with facilities such as power, water, communication,
etc. establishing man-power organisation comprising Project
Manager/Resident Engineer, Engineers, supervisory personnel and
an adequate strength of unskilled, semi-skilled and skilled workmen
in order to commence the work at site(s) in accordance with the
CONTRACT.

r) TENDER DRAWINGS shall mean such drawings, plans, sketches

and details which are issued by the OWNER/ CONSULTANT


alongwith the tender documents for the purpose of preparing
tender proposals and shall be taken only as indicative only.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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CHAPTER-GCC

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PAGE No. 5

of 101

s) SPECIFICATIONS"

shall mean schedules, detailed designs,


statement of technical data, performance characteristics and all
such particulars mentioned as such in the contract. In the absence
of any specifications issued by the OWNER/ CONSULTANT, the
specifications issued by the Bureau of Indian Standards shall apply.

t) Notice in writing or written notice shall mean a notice in written,

typed or printed characters given to the CONTRACTOR under the


terms of the contract which shall be considered duly served if the
same has been delivered to, left for or posted by registered post to
the CONTRACTORS PRINCIPAL PLACE OF BUSINESS (or in the event
of the CONTRACTOR being a Company, to or at its Registered Office)
or at the site.

u) Wherever Consultant only is specified shall be read as Consultant/


Owner wherever the content so required.

2.0

EXTENT AND SCOPE OF CONTRACT

2.1

Extent of contract: The contract comprises the execution, completion


and maintenance of works defined under the Scope of Works and the
provision of all facilities, except as otherwise provided in the contract,
including all labour, materials, tools, plant, equipment and transport
which may be required in the preparation of and for the full and entire
execution and completion of the works. The description given in the Bill
of Quantities shall, unless otherwise stated, be held to include waste on
materials, carriage and cartage, carrying and return of empties,
hoisting, setting, fitting and fixing in position and all other labour
necessary in and for the full and entire execution and completion as
aforesaid in accordance with good practice and recognised principles.

3.0

ASSIGNMENT AND SUB-LETTING

3.1

Assignment: The CONTRACTOR shall not transfer or assign the contract


or any part thereof or any benefit or interest therein or there under
without the written consent of the OWNER/ Consultant. In the event of
the CONTRACTOR contravening this condition, the OWNER shall be
entitled to place the contract elsewhere at the cost and risk of the
CONTRACTOR and the CONTRACTOR shall be liable for any loss or

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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MECON
LIMITED

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CHAPTER-GCC

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PAGE No. 6

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damage which the OWNER may sustain in consequence or arising out of


such action.
3.2

Sub-letting: The CONTRACTOR shall not sub-let the whole or any


portion of the Contract without prior written approval of the OWNER/
Consultant. Such approval, if given, shall not in any way whatsoever
relieve the CONTRACTOR from any of his liabilities or obligations under
the Contract and the CONTRACTOR shall remain responsible for all the
acts, defaults and neglects of any of his sub-contractor(s) as if they
were the acts, defaults or neglects of the CONTRACTOR. Employment of
piece rate workers shall not be deemed as sub-contracting.

4.0

CONSULTANT

4.1

Duties and powers of Consultant: The CONSULTANT shall have the


power to issue drawings and/or written instructions, details, directions
and explanations which are hereby collectively referred to as the
OWNERs instructions in regard to:

i) The variation or modifications of the design, quality or quantity of works,


or the addition or omission or substitution of any works.

ii) Any discrepancy in the drawings or between the Bill of Quantities and/or
Drawings and/or specifications.

iii) The removal from the site of any materials brought thereon by the
CONTRACTOR and the substitution of any other material thereof.

iv) The removal and/or re-execution of any work executed by the


CONTRACTOR.

v) The dismissal from the works of any person employed by the


CONTRACTOR.

vi) The opening up for inspection of any work covered up.

vii) The amending and making good of any defect to be rectified during the
Defect Liability Period.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 7

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viii) The inspection and carrying out of tests of materials, plants and finished
work on site.

ix) Deducting and recovering any amounts, in respect of defective plant,

materials, labour and finished work for which advance payments had
been made, and/or from any amounts due to the CONTRACTOR.

4.1.1 The CONTRACTOR shall forthwith comply with and duly execute any work
comprised in such instructions as aforesaid in clause 4.1 above, provided
always that verbal directions and explanations given to the CONTRACTOR
or his representative upon the work by the CONSULTANT shall, if
involving a variation, be confirmed in writing by the CONTRACTOR within
seven days and if not dissented by the CONSULTANT in writing within a
period of seven days from the date of receipt of such confirmation in
writing, such instructions shall be deemed to be the instructions of the
CONSULTANT within the scope of the contract. Rates for such variations
shall be determined by the CONSULTANT in accordance with the
provisions as herein provided in clause 12.0.

4.2

Duties and Powers of Consultant shall also include watching and


supervising the Works and to test and examine any materials to be used
or workmanship employed in connection with the Works.

4.2.1 The CONSULTANT may from time to time give any written instruction or
written approval and the same shall
though it has been given by the OWNER.

bind

the

CONTRACTOR

as

5.0

CONTRACT DOCUMENTS

5.1

Copies of the Documents: The CONTRACTOR shall be furnished, free of


charge, three copies of all the drawings which may be issued from time
to time during the progress of the Works. He shall keep one copy of
these Documents and drawings at the Site in good order, and the same
shall, at all reasonable times, be available for inspection and use by the
ENGINEER, his representative or other Inspecting Officers.

5.1.1

None of these Documents shall be used by the CONTRACTOR for any


purpose other than that of this Contract.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

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PACKAGE NO. VI
CHAPTER-GCC

5.2

5.2.1

VOLUME - I of III
PAGE No. 8

of 101

Discrepancies: The several documents forming the contract are to be


taken as mutually complementary to one another, detailed drawings
being followed in preference to small scale drawing and figured
dimensions in preference to scaled dimensions and Special Conditions in
preference to General Conditions. In case of discrepancies between Bill
of Quantities, the Specification and/or the Drawings, the following order
of preference shall be observed:
a)

Description in Bill of Quantities and preamble thereto.

b)

Particular Specification and Special Conditions, if any.

c)

Drawings.

d)

Specifications.

If there are varying or conflicting provisions made in any one document


forming part of the Contract, the OWNER/CONSULTANT shall be the
deciding authority with regard to the intention of the document.

5.2.2 Any error in description, quantity or rate in the Bill of Quantities or any
omission there from shall not vitiate the contract or release the
CONTRACTOR of the obligation to execute the work or any part of the
work comprised therein, in accordance with the provisions of the
contract.

5.3

Laws governing the Contract: This Contract shall be governed by the


laws as applicable in the Republic of India, being in force, from time to
time.

6.0

GENERAL OBLIGATIONS

6.1

Contract Agreement: The CONTRACTOR shall enter into and execute an


agreement in the prescribed proforma enclosed as Annexure-I with
these conditions, within the time specified in the Letter of Intent (LOI)/
Work Order. The cost of the stamp fee of the Agreement shall be borne
and paid by the CONTRACTOR. In case the CONTRACTOR fails to
execute the Agreement within the time thus specified, the OWNER, at its
sole discretion, may cancel the letter of acceptance and forfeit the
Earnest Money.

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6.2

Inspection of Site: The CONTRACTOR shall inspect and examine the Site
and its surroundings and shall satisfy himself before submitting his
tender as to the nature of the ground and sub-soil (so far as is
practicable), the form and nature of the Site, the quantities and nature
of work and materials necessary for the completion of the Works, the
means of access to the Site, the accommodation he may require, and in
general ,shall himself obtain all necessary information as to risks,
contingencies and other circumstances which may influence or affect
this tender and the cost thereof. No extra charges consequent on any
misunderstanding or otherwise shall be payable by the owner.

6.3

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 by him in
the Bill of Quantities, which rates and prices shall, unless otherwise
provided, cover all his obligations and all matters and things necessary
for the proper completion and maintenance of the Works under the
Contract.

6.4

SECURITY DEPOSIT / CONTRACT PERFORMANCE GUARANTEE:

6.4.1 Within thirty (30) days of the date of Letter of Award of Contract (LAC),
the successful tenderer, to whom the contract is awarded, shall furnish a
Contract performance guarantee (security deposit) from a Nationalized
Indian Bank, in the form attached as Annexure-II to the General
Conditions of Contract in favour of the Owner.
The Contract
Performance Guarantee amount shall be equal to ten percent (10%) of
the Total contract price and it shall be for due and faithful performance
of the contract in accordance with the terms and conditions specified in
these tender documents. The Contract Performance Guarantee shall be
valid upto 90 days beyond the expiry of the defect liability period.
6.4.2 The security deposit shall remain at the entire disposal of the OWNER as
a security for the satisfactory execution and completion of the works in
accordance with the terms and conditions of the Contract.
The
OWNER/CONSULTANT shall be at liberty to deduct and appropriate from
the Security Deposit such penalties and dues as may be payable by the
CONTRACTOR under the Contract. The amount by which the Security
Deposit is reduced by such appropriation shall be made good by further
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deduction from the CONTRACTORs subsequent interim bills/Running


Account Bills, until the Security Deposit is restored to its full limit
mentioned at Clause 6.4.1 above.
6.4.3 No interest shall be payable by the OWNER against the Security Deposit
furnished by/recovered from the CONTRATOR.
6.4.4 Refund of Security Deposit: The Security Deposit / Contract
Performance Guarantee submitted by the contractor by way of BG shall
be returned to the CONTRACTOR on demand, 90 days after the expiry of
the defects liability period (referred to in Clause 11.1 of these
Conditions) or on payment of the amount of the Final bill payable in
accordance with Clause 13.4 of these Conditions, whichever is later,
provided the ENGINEER is satisfied that there is no demand outstanding
against the CONTRACTOR.
6.5

Possession of Site: The CONTRACTOR shall not enter on (other than for
Inspection purposes) or take possession of the site without prior
permission of the OWNER/ CONSULTANT in writing. The portion of the
site to be occupied by the CONTRACTOR shall be defined and/or marked
on the site plan, failing which these shall be indicated by the Engineer at
site and the CONTRACTOR shall on no account be allowed to extend his
operations beyond these areas. Any land allotted to the CONTRACTOR
for the purposes of or in connection with the contract shall not confer
any right of tenancy of the land to the CONTRACTOR.
The
CONTRACTOR shall be liable to vacate the land on demand by the
OWNER/ CONSULTANT.

6.5.1

The CONTRACTOR shall have no right to any temporary construction


over this land without the permission of the OWNER/ CONSULTANT. In
case, the CONTRACTOR is allowed to construct any structure, he shall
demolish and clear the same before handing over the completed work
unless agreed to the contrary.

6.6

Way leaves: The CONTRACTOR shall provide, if necessary or if required


on the site, all temporary access thereto and shall alter, adopt and
maintain the same as required from time to time and shall take up and
clear the ways as and when no longer required and/or as and when
ordered by the CONSULTANT and make good all damages done to the
Site.

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6.7

Setting-out the Works: The CONTRACTOR shall be responsible for the


true and proper setting out of the works and for the correctness of the
positions, levels, dimensions, alignment of all parts of the works and for
the provision of all necessary instruments, appliances and labour in
connection therewith. He shall amend, at his own cost and to the
satisfaction of the CONSULTANT, any error found at any stage which
may arise due to inaccurate setting out unless such error is based on
incorrect data furnished in writing by the OWNER/ CONSULTANT, in
which case the cost of rectification shall be borne by the OWNER. The
checking of any setting-out of the line or level by the CONSULTANT shall
not in any way relieve the CONTRACTOR of his responsibility for the
correctness thereof. The CONTRACTOR shall carefully protect and
preserve all bench marks used in setting out the works till end of the
Defects Liability Period unless the CONSULTANT direct their earlier
removal.

6.8

Site Drainage: The CONTRACTOR shall keep the site free of water and
slush. All water which may accumulate on the Site or in trenches and
excavations during the progress of the work shall be removed to the
satisfaction of the CONSULTANT and at the CONTRACTORs expense.

6.9

Nuisance: The CONTRACTOR shall not at any time do, cause or permit
any nuisance on Site or do anything which shall cause unnecessary
disturbance or inconvenience to owners, tenants or occupiers of other
properties near the Site and to the public in general.

6.10 Materials obtained from Excavation: Materials of any kind obtained from

excavation at the site shall remain the property of the OWNER and shall
be disposed of as per the directions of the CONSULTANT.

6.11 Treasure Trove, Fossils etc:

All fossils, coins, articles of value or


antiquity and structures and other remains of things of geological or
archaeological interest discovered on the Site shall be the absolute
property of the OWNER and the CONTRACTOR shall take reasonable
precautions to prevent his workmen or any other person from removing
or damaging any such article or thing thereon and shall immediately
upon discovery thereof and before their removal, acquaint the
CONSULTANT with such discovery and carry out the CONSULTANTs
directions as to the disposal of the same at the expense of the OWNER.

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6.12 Protection of Trees: The CONTRACTOR shall protect all trees, designated

by the ENGINEER, from damage during the course of the Works and
earth level within 1 meter of each such trees shall not be changed.
Where necessary, such trees shall be protected by providing temporary
fencing.

6.13 Lights, Guards, Fencing and Watching: For the site allotted to him, the
CONTRACTOR shall provide and maintain at his own expense all lights,
guards, fencing and watch and ward when and where necessary or
required by the ENGINEER for the protection of the Works or for the
safety and convenience of those employed on the Works or of the public.

6.14 For the execution of the Works he shall appoint a competent


supervisor/agent approved by the CONSULTANT (if the CONTRACTOR
himself does not have sufficient knowledge and experience to be capable
of receiving instructions or cannot give his full attention to the works.)
The CONTRACTOR shall also employ, at his own expense, sufficient
numbers or technically qualified personnel to carryout day-to-day
instructions of the ENGINEER and execute the works as per the
specifications.
Orders given to the CONTRACTORs agent shall be
considered to have the same force as if these had been given to the
CONTRACTOR himself. If the CONTRACTOR fails to appoint a suitable
agent as directed by the CONSULTANT, the CONSULTANT shall have full
powers to suspend the execution of the Works until such date a suitable
agent is appointed and the CONTRACTOR shall be held responsible for
the delay so caused to the Works.

6.15 Work during Night or on Sundays and Holidays: Subject to any provision

to the contrary contained in the Contract, none of the permanent works


shall be carried out during night or on Sundays (or on any other weekly
holiday instead of Sunday) or on any authorised holiday without the
permission in writing of the CONSULTANT.

6.16 Observance of Official Secret Act:

The CONTRACTOR shall take


necessary steps to ensure that all persons employed on any work in
connection with this Contract have noticed that the Indian Official Secrets
Act 1923 (XIX of 1923) are applicable to them and shall continue to
apply even after the execution of such works under the Contract.

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6.17 Care of Works: From the commencement to completion of the works the

CONTRACTOR shall take full responsibility for the care thereof and for
taking precautions to prevent loss or damage and shall be liable for any
damage or loss that may happen to the Works or any part thereof and
all Corporations T&P from any cause whatsoever (save and except the
Excepted Risks) and shall at CONTRACTORs own cost repair and make
good the same so that, at completion, the Works and all OWNERs T&P
shall be in good order and condition and in conformity in every respect
with the requirements of the Contract and instructions of the ENGINEER.
In the event of any loss or damage to the Works or any part thereof or to
any T&P or to any material or articles at the Site from any of the
Excepted Risks, the CONTRACTOR, shall as may be directed in writing by
the ENGINEER repair and/or remove from the site any debris and so
much of the Works as shall have been damaged, take to the OWNERs
store such OWNERs T&P, articles, and/or materials as may be directed at
the cost of the OWNER and, proceed with the erection and completion of
the Works under and in accordance with the provisions and Conditions of
the Contract. PROVIDED always that the CONTRACTOR shall not be
entitled to payment under these provisions in respect of such loss or
damage as has been occasioned by any failure on his part to perform his
obligations under the Contract or for not taking precautions to prevent
loss or damage or to minimize the amount of such loss or damage.

6.18

Insurance: The contractor shall maintain and shall require his subcontractors to maintain in full force and effect, policies obtained from
insurance companies in India, acceptable to Engineer, during the
execution of this Agreement,

i)

All such insurance as are required by law for the purpose at the contract
at the cost of the contractor.

ii) All such insurance required in respect of equipment purchased out of


advance received from the OWNER at the cost of the contractor.

iii) All such insurance required in respect of tools, plant, equipment and
materials issued by the OWNER, if any.

iv) Insurance for works against loss and damage due to fire, flood,
earthquake, riots, civil war, insurrection, damage by aircraft and
hostilities and due to other reasons over which the CONTRACTOR has no
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control (defined under Excepted Risks) which shall be for the full amount
of the contract value and the policy shall be effected in the name of the
OWNER.

v) Any additional insurance required specifically by the OWNER/ENGINEER


at the cost of the CONTRACTOR.

vi) Third Party Insurance: Before commencing execution of the work, the
CONTRACTOR shall, without in any way limiting his obligations and
responsibilities under clause 6.18 (I) to (v) above insure against any
damage, loss or injury which may occur to any property including that of
the OWNER/ CONSULTANT or to any person (including any employee of
the OWNER/ CONSULTANT) by or arising out of carrying out of the
contract.

6.18.1 The aforesaid insurance policy/policies shall provide that they shall not

be cancelled till the OWNER/ CONSULTANT has agreed to their


cancellation.

6.18.2 The CONTRACTOR shall prove to the CONSULTANT from time

to
time
that
he
has
taken
out
all
the
insurance
policies
referred to above and has paid the necessary premia for keeping the
policies alive till expiry of the Defects Liability Period.

6.18.3 The CONTRACTOR shall ensure that similar insurance policies are taken

out by his sub contractors (if any) and shall be responsible for any
claims or loss to the OWNER resulting from their failure to obtain
adequate insurance protection in connection with thereof.
The
CONTRACTOR shall produce or cause to be produced by his sub
contractor (if any) as the case may be, the relevant policy or policies
and premium receipts as and when required by the CONSULTANT.

6.18.4 If the CONTRACTOR and/or his sub-contractors (if any) shall fail to

effect and keep in force the insurance(s) referred to above or any other
insurance which he/they may be required to effect under the, terms of
the Contract, then and in any such cases, the OWNER may, without
being bound to do so keep in force any such insurance and pay such
premium or premia as may be necessary for that purpose and from time
to time deduct the amount so paid by the OWNER from any money due

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or which may become due to the CONTRACTOR or recover the same as


a debt due from the CONTRACTOR with interest @ 15% per annum

6.19

Indemnity: The CONTRACTOR shall at all times indemnify the OWNER


against all claims, damages or compensation under the provisions of
Payment of Wages Act, 1936. Minimum Wages Act 1948, Employers
Liability Act, 1938, the Workmens Compensation Act, 1923, Industrial
Disputes Act, 1947 and the Maternity Benefit Act, 1961, Employees
Provident Fund Act, Contract Labour Regulation and Abolition Act, 1970,
Mines Act, 1952 or any modifications thereof or any other law relating
thereto and rules made thereunder from time to time or as a
consequence of any accident or injury to any workman or other persons
in or about the Works, whether in the employment of the CONTRACTOR
or not, save and except where such accident or injury has resulted from
any act of the OWNER, his agents or servants, and also against all costs,
charges and expenses of any suit, action or proceedings arising out of
such accident or injury and against all sum or sums which may with the
consent of the CONTRACTOR be paid to compromise or compound any
claim. Without limiting his obligations and liabilities as above provided,
the CONTRACTOR shall insure against all claims, damages or
compensation payable under the Workmens Compensation Act, 1923 or
any modification thereof or any other law relating thereto.

6.19.1 The CONTACTOR shall indemnify and keep indemnified the OWNER

against all losses and claims for injuries or damage to any persons or
any property whatsoever which may arise out of or in consequence of
the construction and maintenance of Works and against all claims,
demands, proceedings, damages, costs, charges and expenses
whatsoever in respect of or in relation thereto. PROVIDED always that
nothing herein contained shall be deemed to render the CONTRACTOR
liable for or in respect of or to indemnify the OWNER against any
compensation or damage caused by the Excepted Risks.

6.19.2

Force Majeure:

1. Should at any time during the continuance of the contract the


performance in whole or in part of any obligations by either party
under this contract be held up by reasons of any war, hostility, acts of
foreign enemy, civil commotion, sabotage, fires, contaminations by
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radio activity from any nuclear fuel or from nuclear waste radioactive
toxic explosive, cause due solely to the design of works, other than
contractors design, pressure waves caused by aircraft or other aeriel
devices traveling at sonic or supersonic speeds, floods, earthquakes,
explosions, epidemics, cyclones, quarantine restrictions, Governmental
regulations, law and order and other proclamations etc. or any other
happening including judicial, executive or Administrative orders of any
Competent Authority, which are beyond the control of either party
(hereinafter referred to as events), then provided notice of the
happening of any such eventuality is given by either party to the other
within 14 days from the date of occurrence thereof neither party shall,
by reasons of such eventuality, be entitled to terminate this contract nor
shall either party have any claim for damage against the other in
respect of such non-performance or delay in performance, and the
work under this contract shall be resumed as soon as practicable after
such eventuality has come to an end or ceases to exist. The decision of
the OWNER as to whether to resume the work or not shall be final and
conclusive; at the discretion of the Owner/Purchaser, time of completion
shall then be extended.
2. Should one or both the parties be prevented from fulfilling their
contractual obligations by a state of force majeure lasting continuously
for a period of at least two months, the two parties should consult each
other regarding further implementation of the contract with the
provision that if no mutually satisfactory arrangement is arrived at
within a period of one month from the expiry of two months referred to
above, the contract shall be deemed to have expired at the end of the
aforesaid two (2) months. Such expiry of the contract will not relieve
the parties from the obligation to reach agreement regarding winding up
and financial settlement of the contract.
3. The above mentioned force majeure events shall not include constraints
which could prudently be foreseen like shortage of power, nonavailability of raw materials, difficulties in making transport
arrangement, break down of machines, strikes, lock outs etc.
4. The above mentioned force majeure conditions/clause shall also apply to
the
works
of
sub
contractor/supplier
provided
such
subcontractors/suppliers are named in the contract.

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6.20

Facilities to other Contractors: The CONTRACTOR shall, in accordance


with the requirements of the OWNER, afford all reasonable facilities to
other contractors engaged simultaneously on separate contracts in
connection with the works and to departmental labour and labour of any
other properly authorised authority or statutory body which may be
employed at the site for execution of any work not included in the
Contract or of any Contract which the OWNER may enter into in
connection with or ancillary to the works.

6.21

Compliance with Statute, Regulations etc: The CONTRACTOR shall


comply with the provisions of any Statute, ordinance or law made under
any Act of Parliament, State laws or any regulation or bye-laws of any
local authority relating to the works and keep the OWNER indemnified
against all penalties and liabilities of every kind for breach of any such
Statute, ordinance, law, rule, regulations, Bye-law etc. He shall, before
making any variation from the contract drawing necessitated by such
compliance, give to the ENGINEER a written notice giving reasons for
the proposed Variation and obtain the ENGINEERs instruction thereon.

6.22

Notice to Local Bodies and payment of fees: The CONTRACTOR shall


give all notices and pay all fees or charges payable under any Act of
Parliament, State laws or any Government instrument, rule or order and
any regulations or bye-laws of any local authority in respect of the
works.

6.23

Urgent works: If any urgent work (in respect whereof the decision of
the ENGINEER shall be final and binding) becomes necessary and the
CONTRACTOR is unable or unwilling to carry it out at once, the
Engineer-in-Charge may by his own or by other work people, carry it out
as he may consider necessary. If the Urgent work shall be such as the
CONTRACTOR is liable under the Contract to carry it out at his
expenses, all expenses incurred on it by the OWNER shall be
recoverable from the CONTRACTOR and be adjusted or set off against
any sum payable to him.

6.24

Changes in Constitution: Where the CONTRACTOR is a partnership firm,


prior approval in writing of the OWNER/ CONSULTANT 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

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CONTRACTOR enters into any partnership with a firm which would have
the right to carryout the work hereby undertaken by the CONTRACTOR.
If prior approval as aforesaid is not obtained, the CONTRACTOR shall be
deemed to have been assigned in contravention of Clause 14.1 (j) of
these conditions and the same action may be taken and the same
consequences shall ensure as provided for in the said Clause 14.0 of
these conditions.

6.25

Training of Apprentices: The CONTRACTOR shall during the currency of


the Contract when called upon by the ENGINEER, engage and also
ensure engagement by his sub-contractors and others employed by the
CONTRACTOR in connection with the works, such number of Apprentices
and for such periods as may be required by the OWNER/ CONSULTANT.
The CONTRACTOR shall train them as required under the Apprentices
Act, 1961 and shall be responsible for all obligations of the employer
under the Act including liability to make payment to apprentices as
required under the Act.

7.0

TOOLS, PLANT, EQUIPMENT AND MATERIALS:

7.1

Tools, plant and Equipment: The CONTRACTOR shall arrange at his own
expense all tools, plant and equipment (hereinafter referred to as T&P)
required for execution of works, except for the items specifically listed
in the Special Conditions of Contract,if any, which will be given to him
on hire (if the same can be spared by the OWNER) by the OWNER at
rates shown therein.

7.1.1 LIST OF MAJOR EQUIPMENT & MACHINERY TO BE DEPLOYED


In order to ensure timely completion of the work, in accordance with the
time schedule indicated in the bar chart, the tenderer should deploy
adequate number of equipments and machinery. An indicative list of
equipment & machinery to be deployed but not limited to these is
indicated below. To meet the completion schedule additional equipment
as required will have to be mobilized to complete the job in time.

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Sl. No.

Description

Qty.

1.
2.
3.
4
5.
6.
7.
8.
9.
10.
11.
12
13
14
15

Excavator
Tippers
Dozer
Water Tanker
Pre Mix mixer plant
Pay loader
Cocrete mixers
Vibrators
Water Pump
Tractor trailer
Drilling Equipments for blasting
Jack Hammer
Road Roller (8-10T)
Vibro Compactor
Survey Equipment

2
8
2
2
1
1
4
6
2
1
Set
2
1
2
1 Set

of 101

Note: The Contractor shall make suitable provisions for repairs and
maintenance of the equipment mobilised and always keep them in good
working condition, as the repair facilities for such equipments are not
available at project site.
The bidder shall accordingly propose
equipment to be deployed by him for work. The equipment/machinery
details should be with the capacity and numbers, schedule of
deployment and period for which the same shall be available at site.
The Contractor shall also arrange Equipment/ tools required if any, for
execution of Electrical Works/ facilities at his own expense.
The successful Tenderer as per job requirement shall deploy other minor
equipments.
These requirements and capacity are indicative only and same shall be
suitably augmented to achieve the timely completion of the work as per
the work programme and direction of the Engineer-in-charge, without
any additional liability to OWNER.

7.2

Materials: The CONTRACTOR shall at his own expenses, provide all the
materials required for the works other than those which are specifically

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listed in the Special Conditions of the Contract for supply by the


OWNER.

7.2.1

All materials to be provided by the CONTRACTOR shall be in conformity


with the Specifications laid down in the Contract and the CONTRACTOR
shall, if requested by the ENGINEER, furnish proof to the satisfaction of
the CONSULTANT, that the materials so comply.

7.2.2

The CONTRACTOR shall, at his own expense and without delay, supply
to the CONSULTANT, samples of materials proposed to be used in the
works. The CONSULTANT shall within seven days of supply of samples,
intimate to the CONTRACTOR in writing if samples are not approved by
him. If samples are not approved, the CONTRACTOR shall forthwith
arrange to supply fresh samples complying with the specifications laid
down in the Contract to the CONSULTANT for his approval.

7.2.3

The CONSULTANT shall have full powers to require removal of any or all
the materials brought to site by the CONTRACTOR which are not in
accordance with the Contract specifications or do not conform in
character or in quality to samples approved by him. In case of default
on the part of the CONTRACTOR in removing the rejected materials, the
CONSULTANT shall be at liberty to have them removed by other means.
The CONSULTANT shall have full powers to procure other proper
materials to be substituted for rejected materials, in the event of the
CONTRACTOR refusing to comply with instructions in this regard. All
costs, which may be incurred upon such removal and/or substitution
shall be borne by the CONTRACTOR.

7.2.4 The CONTRACTOR shall indemnify the Corporation, its representative


and employees 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 or other charges which may be
payable in respect of any article or material or part thereof included in
the Contract. In the event of any claim being made or action being
brought against the OWNER or any agent, servant or employee of the
OWNER in respect of any such matters as aforesaid, the CONTRACTOR
shall immediately be notified thereof.

7.2.5

All charges on account of Octroi, Terminal or Sales Tax, Works Contract


Tax and other duties and royalties on materials obtained for the works

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from any source (excluding materials supplied by the OWNER) shall be


borne by the CONTRACTOR.

7.2.6

The CONSULTANT shall be entitled to have tests carried out as specified


in the Contract for any materials supplied by the CONTRACTOR other
than those for which as stated above, proof of conformity to
specifications to the satisfaction of the CONSULTANT has already been
furnished at the cost of the CONTRACTOR and the CONTRACTOR shall
provide at his expense all facilities which the CONSULTANT may require
for the purpose. If no tests are specified in the Contract and such tests
are required by the CONSULTANT, the CONTRACTOR shall provide all
facilities required for the purpose and the charges of these tests shall be
borne by the CONTRACTOR if the tests disclose that the said materials
are not in accordance with the provision of the Contract. The cost of
materials consumed in tests shall be borne by the CONTRACTOR in all
cases except when otherwise provided.

7.2.7

In addition the CONTRACTOR shall perform/submit at his own cost such


tests/samples as may be required by the CONSULTANT out of the
materials issued by the OWNER, if any, except for the costs of materials
used in such tests/samples.

7.2.8

If the OWNER has undertaken to supply any material(s) specified in the


Special Conditions of the Contact, such materials will be supplied by the
OWNER, at the terms and conditions stipulated herein below.

i) The materials to be issued by the OWNER under the contract will be

issued at its site stores, or nearest railhead. In case the materials are
issued at the nearest rail-head, the cost of transportation only from such
rail-head to the site will be borne by the OWNER, subject to the
reasonableness of such transportation cost, being certified by the
CONSULTANT. All other costs such as loading, unloading, transportation
to CONTRACTORs godown/storage etc. till the materials are incorporated
in the Works or returned to the OWNERs store, shall be to the account of
the CONTRACTOR.

ii) The CONTRACTOR shall give a reasonable notice in writing of his

requirement to the ENGINEER in accordance with the agreed phased


programme. Such material shall be supplied for the purpose of the
contract only and the value of materials if stipulated to be issued at cost,

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shall be set off or deducted, as and when materials are consumed in


items of work for which payment is being made to the CONTRACTOR,
from any sums then due or which may thereafter become due to the
CONTRACTOR under the contract. The CONTRACTOR shall, at the time
of submission of bills, properly account for the materials issued to him to
the satisfaction of the ENGINEER and certify that the balance of material
supplied are available at site.

iii) The CONTRACTOR shall bear the cost of loading, transporting to site,

unloading, storing under cover as required, assembling and joining the


several parts together as necessary and incorporating or fixing materials
in the works including all preparatory work of whatever description as
may be required.

iv) Cement bags, when supplied by the OWNER, shall be stored in a

separate godown with pucca floor and weather-proof roof and walls
provided with a single door with two locks. The key of one lock shall
remain with the CONSULTANT or his authorised representative and the
other with the authorised agent of the CONTRACTOR so that the cement
is removed from the godown according to the daily requirement with
knowledge of both the parties. The day-to-day receipts and issue
accounts of cement shall be maintained by the representative of
CONSULTANT and signed daily by the CONTRACTORS authorised
representative. A Notice Board shall be placed in front of the godown
stating (a) Total issue of cement for the work; (b) Stock as on date; (c)
opening balance; d) closing balance.

v) The balance of all the materials issued to the CONTRACTOR by the

OWNER for incorporation/fixing in the works (including preparatory work)


shall, on completion or on fore-closures of the works, be returned by the
CONTRACTOR at his expense at the place of issue after making due
allowance for actual consumption, reasonable wear and tear and/or
wastage The allowable wastage percentage shall be as mentioned in Subpara (vi) below.
If the CONTRACTOR is required to deliver such
materials at a place other than the place of issue, he shall do so and the
transportation charges from the site to such place, less the
transportation charges which would have been incurred by the
CONTRACTOR had such materials been delivered at the place of issue
shall be borne by the OWNER.

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vi) The following are the allowable wastages for different materials supplied
by the OWNER

a) Cement 2%of the cumulative sum of the estimated quantity of the


cement to be used in various items of work.

b) Reinforcement steel 5% (1% unaccountable and 4% as scrap


accountable) of estimated quantity based on bar bending schedules.

c) Structural steel 6% (1% due to invisible\irretrievable wastage towards


gas cutting etc. i.e. unaccountable and 5% due to cut pieces thereof,
i.e. accountable)

d) CGI sheets

25% for laps and 5% for wastages.

e) Bitumen

+/- 5% wastage.

vii)

Cut pieces of reinforcement rods and structurals of length 2 (two)


meters and above will be accepted by the OWNER and credit will be
given at issue rates. Plates more than 0.2 sq.m. in area will be
accepted by the OWNER and credit will be given at the issue rates.
However, no credit will be given where steel is issued free of cost, but
the cut pieces returned will be taken for quantity accounting purpose.

viii)

All the cut pieces below 2(two) meters in length for rounds, ribbed
bars and structurals and below 0.2 sqm in area for plates shall be
treated as scrap. For scrap returned by the CONTRACTOR within the
permissible limits, credit will be given at issue rates. However, no
credit will be given where steel is issued free of cost but the scrap
returned within the permissible limits will be taken for quantity
accounting purpose. Scrap returned beyond the permissible limits will
attract recovery at the market rates prevailing at the time of
submission of final accounting plus overheads @ 15%. For structurals
and plates, the invisible/irretrievable wastage shall be taken into
consideration as theoretical consumption.

ix) All Surplus materials shall be returned by the CONTRACTOR without any
deterioration or damage, to the place of issue. If on completion of
works, the CONTRACTOR fails to return surplus materials out of those
supplied by the OWNER, then in addition to any other liability which the
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CONTRACTOR would incur, the ENGINEER, may by a written notice to


the CONTRACTOR require him to pay within a fortnight of receipt of the
notice for such unreturned surplus materials at the rate of two times the
market rate prevailing at the time of submission of final accounting.

x) Containers of all the materials supplied by the OWNER, except for empty

cement bags, shall be returned by the CONTRACTOR. In case containers


are not returned by the CONTRACTOR, the cost of such containers will be
recovered from the CONTRACTOR at the rate to be fixed by the
ENGINEER.

xi) Materials

may be issued if available by the OWNER for


enabling/temporary works of the CONTRACTOR, such as temporary
quarters, site stores, etc. Normally only cement and small quantity of
reinforcement bars may be issued for such purpose. Recovery shall be
made at the landed cost plus 15% towards departmental charges for
such materials issued. The material for enabling/temporary works will be
issued only after receiving a written request in that regard from the
CONTRACTOR. No structural steel material will be issued by the OWNER
for enabling/temporary works.

xii) If after acceptance of the tender, the CONTRACTOR desires the OWNER
to supply any other materials, such materials may be supplied by the
OWNER, if available and at its sole discretion at rates to be fixed by the
ENGINEER. The OWNER reserves the right not to issue any such
materials. The non-issue of such materials will not entitle the
CONTRACTOR for any compensation whatsoever either in time or in
cost.

7.2.9

Materials required for works, whether brought by the CONTRACTOR or


supplied by the OWNER shall be stored by the CONTRACTOR, only at
places approved by the CONSULTANT. Storage and safe custody of
material shall be the responsibility of the CONTRACTOR.

7.2.10 CONSULTANT / OWNERs officials concerned with the Contract shall be

entitled at any time to inspect and examine any materials intended to


be used in or on the works, either on the site or at factory or workshop
or other place(s) where such materials are assembled, fabricated,
manufactured or at any place(s) where these are lying or from which

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these are being obtained and the CONTRACTOR shall give all such
facilities as may be required for such inspection and examination.

7.2.11 All materials brought to the Site shall become and remain the property

of the OWNER and shall not be removed off the site without the prior
written approval of the OWNER/ CONSULTANT. But whenever the works
are finally completed and advance, if any, in respect of such materials
is
fully
recovered, the CONTRACTOR shall at his own expense
remove, from the site, all such surplus material which were originally
supplied by him and upon such removal, the same shall revert in and
become the property of the CONTRACTOR.
All materials required for construction work shall be supplied by the
Contractor at his own cost at the site and the Corporation will not supply
any construction material to the CONTRACTOR.

8.0

LABOUR

8.1

Employment of labour in sufficient numbers: The CONTRACTOR shall


employ labour in sufficient numbers to maintain the required rate of
progress and of quality to ensure workmanship of the degree specified
in the Contract and to the satisfaction of the CONSULTANT. The
CONTRACTOR shall not employ in connection with the works any person
who has not completed his eighteen years of age.

8.2

Labour returns and reporting of accidents: The CONTRACTOR shall


furnish to the CONSULTANT, a distribution return of the number and
description by trades of the work people employed on the works. The
CONTRACTOR shall also submit on the 4th and 19th of every month to
the CONSULTANT, a true statement showing in respect of the second
half of the preceding month and the first half of the current month (i)
the accidents, if any, that occurred during the said fortnight showing the
circumstances under which they occurred and the extent of damage and
injury caused by them and (ii) the number of female workers, if any,
who have been allowed Maternity Benefit as provided in the Maternity
Benefit Act, 1961 or Rules thereunder and the amount paid to them.

8.3

Wages: The CONTRACTOR shall pay to labour employed by him either


directly or through sub-contractors wages not less than the fair wages
as defined in the Contract Labour Regulations.

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8.4

Observance of Contract Labour Regulations: The CONTRACTOR shall in


respect of labour employed by him or his sub-contractors, comply with
or cause to be complied with the Contract Labour Regulations in regard
to all matters provided therein.

8.4.1

The CONTRACTOR shall comply with all the provisions of the payment of
Wages Act 1936, Minimum Wages Act 1948, Employers Liability Act
1938, Workmens Compensation Act, 1923, Industrial Disputes Act
1947, Maternity Benefit Act 1961 and Mines Act, 1952, Contractor
Labour Regulation & Abolition Act 1970, Provident Fund Act or any order
made thereunder/thereof or any other law relating thereto and rules and
made hereunder from time to time.

8.4.2

The CONTRACTOR shall be liable to pay his contribution and the


employees contribution to the State Insurance Scheme in respect of all
labour employed by him for the execution of the contract, in accordance
with the provision of The Employees State Insurance Act, 1948 and
Provident Fund Act as amended from time to time. In case of default,
the ENGINEER will be entitled to withhold an amount of contribution as
assessed by him from the CONTRACTORs bills till such time the
CONTRACTOR produces evidence of remittance of the same to the
concerned authorities.

8.4.3

The CONSULTANT shall, on a report having been made by the


Inspecting Officer as defined in the Contract Labour Regulations, have
the power to deduct from the moneys due to the CONTRACTOR any sum
required or estimated to be required for making good the loss suffered
by a worker or workers by reason of non-fulfillment of the conditions of
the Contract for the benefit of workers non-payment of wages or of
deductions made from his or their wages which are not justified by the
terms of the Contract or non-observance of the said Contract Labour
Regulations.

8.4.4

The CONTRACTOR shall indemnify the OWNER against any payments to


be made under and for observance of the Regulations aforesaid without
prejudice to his right to claim indemnity from his sub-contractors.

8.4.5

The contractor shall take out necessary license under the Contract
Labour (Regulation and Abolition) Act, 1970 within the time limit allowed

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by the appropriate Government and on his failing to do so within the


prescribed time limit, the contract will be liable for termination including
forfeiture of Earnest Money /Security Deposit.
8.5

Model Rules for Labour Welfare: The CONTRACTOR shall at his own
expense comply with or cause to be complied with Model Rules of
Labour Welfare as appended to these conditions or rules framed by
Central or State Government from time to time for the protection of
health and for making sanitary arrangements for the workers employed
directly or indirectly on the works. In case the CONTRACTOR fails to
make arrangements as aforesaid, the ENGINEER shall be entitled to do
so and recover the cost thereof from the CONTRACTOR.

8.6

Safety Code: The CONTRACTOR shall at his own expense arrange for
the safety provisions as appended to these conditions or as required by
the ENGINEER in respect of all labour directly or indirectly employed for
performance of the works and shall provide all facilities in connection
therewith. In case the CONTRACTOR fails to make arrangements and
provide necessary facilities as aforesaid, the Engineer shall be entitled to
do so and recover the cost thereof from the CONTRACTOR.

8.7

Insurance of workmen: All workmen shall be covered under insurance


against injury or any accident of fatal nature, at CONTRACTORS cost.

9.0

WORK PERFORMANCE, INSPECTION, TESTING AND ACCEPTANCE

9.1

Quality of materials and workmanship and tests: All materials and


workmanship shall be of the respective kinds described in the Contract
and in accordance with the CONSULTANTS instructions and shall be
subject from time to time to such tests as the CONSULTANT may direct
at the place of manufacture or fabrication or on the site or at all or any
of such places.
The CONTRACTOR shall provide such assistance,
instruments, machines, labour and materials as are normally required
for examining, measuring and testing any work and the quality, weight
or quantity of any material used and shall supply samples of materials
before incorporation in the Works for testing as may be selected and
required by the CONSULTANT.

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9.1.1 QUALITY ASSURANCE PROGRAMME


To ensure that the service under the scope of this Contract are in
accordance with the specifications, the Contractor shall adopt suitable
Quality Assurance Programme to control such activities at all necessary
points. The Contractor shall prepare and finalise such Quality Assurance
Programme before the award of Contract. Owner shall also carryout
quality audit and quality surveillance of systems and procedures of
Contractors quality control activities. A Quality Assurance Programme
of Contractor shall generally cover the following:
a.

His
organization
structure
for
the
management
and
implementation of the proposed Quality Assurance Programme.

b.

Documentation control system.

c.

The procedure for purchase of materials and source inspection.

d.

System for site controls including process controls.

e.

Control of non-conforming items and systems for corrective


actions.

f.

Inspection and test procedure for site activities.

g.

System for indication and appraisal of inspection status.

h.

System for maintenance of records.

i.

System for handling, storage and delivery.

j.

A quality plan detailing out quality practices and procedures,


relevant standards and acceptance levels for all types of work
under the scope of this Contract.
All costs associated with routine testing of materials required as
per technical specifications or by CONSULTANT shall be included
in the Contractors provision in his quoted rates in the Schedule of
items.

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9.1.2 SITE LABORATORY


As part of the contract; the bidder shall provide and maintain a site
laboratory for the testing of samples, construction materials under the
direction and general supervision of the CONSULTANT.
The laboratory building shall be constructed and installed with the
appropriate facilities.
Temperature and humidity controls shall be
available wherever necessary during testing of samples.
All equipments shall be provided by the Contractor so as to be
compatible with the testing requirements specified. The Contractor shall
maintain the equipment in good working condition for the duration of
the Contract.

9.2

a) Cost of samples: All samples shall be supplied by the CONTRACTOR


at his own cost.

b) Cost of tests not provided for etc:

If any test is ordered by the


ENGINEER which is either not so intended by or provided for or (in
the cases mentioned above) is not so particularized or though so
intended or provided for is ordered by the engineer to be tested out
by an independent person or departmentally at the site or at place of
manufacture\fabrication of the material, than the cost of such tests
shall be borne by the CONTRACTOR if the test shows the
workmanship or materials not to be in accordance with the provisions
of the contract or the CONSULTANTs instructions but otherwise the
cost of such tests shall be borne by the OWNER

9.3

Inspection and Approval: The ENGINEER or his representative shall


have power to inspect and examine any part of works at any time and
the CONTRACTOR shall give such facility as may be required for such
inspection and examination.
All works embracing more than one
process shall be subject to examination and approval at each stage
thereof and the CONTRACTOR shall give due notice to the CONSULTANT
or his unrealized representative when each stage is ready . In default of
such notice the CONSULTANT shall be entitled to appraise the quality
and extent thereof.

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9.3.1 Before pouring any concrete


CONSULTANTs
approval
shall
be obtained for the reinforcement and embedments etc., as to whether
the same have been fabricated and placed in position in accordance with
the approved construction drawings.

9.3.2

General approval of the Engineer shall be obtained by the contractor for


the shuttering and other arrangements which have any bearing on the
quality of the concreting work and/or the work as a whole.
a)

The design Mix and quality of concrete shall be subject to approval


by the CONSULTANT. Strength of Concrete shall be determined in
accordance with the test procedures laid down in the
specifications/IS codes.

9.3.4

For structural steel items, Engineers approval shall be obtained before


erection and alignment.

9.4

Examination of work before covering up: No work shall be covered up


or put out of view without the approval of the CONSULTANT or his
authorized representative and the CONTRACTOR shall afford full
opportunity for examination and measurement of any work which is
about to be covered up or put out of view and for examination of
foundations before permanent work is placed thereon.
The
CONTRACTOR shall give due notice to the CONSULTANT whenever any
such work or foundation is ready for examination and the CONSULTANT
or his representative shall without unreasonable delay, unless he
considers it unnecessary and advises the CONTRACTOR accordingly,
attend for the purpose of examining and measuring such work or of
examining such foundations.
In the event of the failure of the
CONTRACTOR to give such notice he shall, if required, by the
CONSULTANT uncover such work at the CONTRACTORs expense.

9.4.1

Uncovering and Making good: The CONTRACTOR shall uncover any part
of the works and/or make openings in or through the same as the
CONSULTANT may from time to time direct for his verification and shall
reinstate and make good such part to the satisfaction of the
CONSULTANT. If any, such part has been covered up or put out of view
after being approved by the CONSULTANT, subsequently found on
uncovering to be executed in accordance with the contract, the
expenses of uncovering and/or making opening in or through,

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reinstating and making good the same shall be borne by the OWNER. In
any other case, all such expenses shall be borne by the CONTRACTOR.
Suspension
of
works:
The
CONTRACTOR
shall,
on
receipt
of the order in writing of the CONSULTANT suspend the progress of the
works or any part thereof for such time and in such manner as the
CONSULTANT may consider necessary, for any of the following reasons:

9.5

i) On account of any default on the part of the CONTRACTOR; or


ii) For proper execution of works or part thereof for reasons other than the
default of the CONTRACTOR or

iii) For safety of the works or part thereof for reasons other than the default
of the CONTRACTOR.

The CONTRACTOR shall during such suspension, properly protect and


secure the works to the extent necessary and carry out the instructions
given in that behalf by the ENGINEER.

9.5.1

If the suspension is ordered for reasons (ii) and (iii) in clause No. 9.5
above, and the period of suspension is more than 30 days the
CONTRACTOR shall be entitled to extension of time equal to the period
of such suspension.

9.5.2

Suspension lasting more than a month: If suspension is ordered for


reasons (ii) and (iii) in clause No.9.5 above and the period of each
suspension exceeds 30 days, then the CONTRACTOR shall be entitled to

a)

An extension of time equal to the period of every such suspension


plus 10%(ten percent) and

b)

Compensation as the OWNER/ CONSULTANT 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 and adding thereto 5%extra to cover
indirect expenses of the CONTRACTOR provided the CONTRACTOR
submits his claim supported by details to the OWNER/ CONSULTANT
within 14 days of commencement of such suspension of works.

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9.5.3

Suspension lasting more than 3 months: If the progress of the works


or any part thereof is suspended on the written orders of the OWNER/
CONSULTANT
for more than 3 months at a time except when
suspension is ordered for
reasons (i) of clause 9.5 above, the
CONTRACTOR may serve a written notice on the CONSULTANT requiring
permission within 30 days from the receipt of the said notice by the
OWNER/ CONSULTANT to proceed with the works or part thereof in
regard to which progress has been suspended and if such permission is
not granted within that time the CONTRACTOR, by a further written
notice so served, may (but is not bound to) elect to treat the
suspension where it
effects only a part of the works as an omission
of such part as under clause 12.0 of these conditions or where it affects
the whole of the works as an abandonment of the contract by the
OWNER, without attaching any liability therefore on the OWNER.

9.6

Liability of Damage, Defects or Imperfections and Rectification: If the


CONTRACTOR or his workmen or employees shall injure or destroy any
part of the building in which they may be working or any building, road,
fence etc. contiguous to the premises on which the works or any part of
it is being executed, or if any damage shall happen to the works while in
progress the CONTRACTOR shall up on receipt of notice in writing in that
behalf make the same good at his own expense. If it shall appear to the
CONSULTANT at any time during construction or re-construction or prior
to the expiration of the Defects Liability Period, that any work has been
executed with unsound, imperfect or unskilled workmanship or that any
materials or articles provided by the CONTRACTOR for execution of the
works is unsound or of a quality inferior to that contracted for or
otherwise not in accordance with the Contract or that any defect,
shrinkage or other faults have appeared in the works arising out of
defective or improper materials or workmanship, the CONTRACTOR shall
upon receipt of a notice in writing in that behalf from the CONSULTANT,
shall 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
and/or remove the materials or articles so specified and provide other
proper and suitable materials or articles at his own expense,
notwithstanding that the same may have been inadvertently passed,
certified and paid for and in the event of his failing to do so within the
period to be specified by the CONSULTANT in his notice aforesaid, the
OWNER/ CONSULTANT may rectify or remove and re-execute the work
and/or remove and replace with others the materials or articles

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complained of, as the case may be, by other means at the risk and
expense of CONTRACTOR.
9.6.1 In case of repairs and maintenance works, splashes and droppings from
white washing, painting etc. shall be removed and surfaces cleaned,
simultaneously with completion of these items of work in individual
rooms, quarters or premises etc. where the work is done, without
waiting for completion of all other items of work in the Contract. In case
the CONTRACTOR fails to comply with the requirements of this
condition, the OWNER/ CONSULTANT shall have the right to get the
work done by other means at the cost of the CONTRACTOR. Before
taking such action, however, the CONSULTANT shall give three days
notice in writing to the CONTRACTOR.

10.0

TIME, EXTENSION AND DELAYS

10.1

Time of completion: Time is an important factor of the contract.


Subject to any requirement in the contract as to completion of any
portion of the works before completion of the whole, the whole of the
work shall be completed within the time specified in the Notice Inviting
Tender or such extended time as may be allowed under the provisions of
the contract.

10.2

Commencement of works:
The CONTRACTOR shall commence the
works at site within 15 days from the date of issue of the Letter of
Award of Contract/ Letter of Indent (whichever is earlier), unless any
other period has been agreed upon by the OWNER/ in writing. If the
CONTRACTOR commits default in commencing the execution of the work
as aforesaid, OWNER may, without prejudice to any other right or
remedy, be at liberty to forfeit the Earnest Money and cancel the
contract.

10.3

Rate of progress: The CONTRACTOR shall, within 15 (Fifteen) days after


the issue of Letter of Intent prepare a Time and Action/Progress Chart.
The Chart shall be prepared in direct relation to the time stated in the
Contract Documents for completion of items of the works (both in
physical and fiscal terms). It shall indicate the forecast of the dates of
commencement and completion of various trades or sections of the work
and may be amended, as necessary, by mutual agreement between the
CONSULTANT and the CONTRACTOR, within the limitations of time
imposed in the Contract Documents. Further to ensure good progress

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during the execution of the works, the CONTRACTOR shall in all cases,
in which the time allowed for any work exceeds one month, complete
1/8th of whole of the work before th of the whole time allowed in the
contract has elapsed; 3/8th of the work before one half of such time has
elapsed and th of the work before th of such time has elapsed.

10.3.1 The OWNER/ CONSULTANT, however, reserves the right to release


initially as much of the fronts/sites and drawings as may be required to
enable the CONTRACTOR to commence the construction of the works,
and release such further fronts/sites and drawings in phases in
accordance with approved programme. If there is delay in handing over
the site/release of front and drawing to the CONTRACTOR in accordance
with the terms of this clause, the OWNER/CONSULTANT will grant
suitable extension of time for the completion of work in accordance with
clause 10.4 of these conditions. No other claim on account of this shall
be entertained by the OWNER.

10.4

Extension of Time:
If, at any time during the continuance of the contract, the performance
in whole or in part of any obligations under the contract, shall be
prevented or delayed by either party by reasons of the following:

a)
b)
c)
d)
e)
f)

g)
h)
i)

excepted risks or Force Majeure, or


abnormally bad weather; or
serious loss or damage by fire; or
civil commotion, local combination of workmen strike or lock out;
affecting any of the trades employed on the work, or
delay on the part of the other contractor; or tradesmen engaged by
the OWNER in executing work not forming part of the contract, or
non-availability of stores, which are the responsibility of the OWNER
to supply or
increase in quantum of work/increase in contract value,
suspension of work by the OWNER/ CONSULTANT for reasons other
than the default by the CONTRACTOR
any other cause, which being in the absolute discretion of the
OWNER, is beyond the CONTRACTORs control.

Then upon the happening of any such event(s) causing delay, the
CONTRACTOR shall immediately give notice thereof in writing to the
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ENGINEER. Neither party, by reason of such eventuality, be entitled to


terminate the contract nor shall have any claim for damages, one
against the other, in respect of such non-performance or delay in
performance and the work under the contract shall be resumed as soon
as practicable, once such eventuality has come to an end or has ceased
to exist. The decision of the ENGINEER as to when the work has been
so resumed shall be final and binding. The OWNER shall, in any such
case, give extension of time as per clause 9.5.1 and 9.5.2. The basis of
granting extension will be the period of such happening causing delay.
Such extensions shall be communicated to the CONTRACTOR by the
OWNER/ CONSULTANT in writing within 3 months of the date of receipt
of such request by the OWNER/ CONSULTANT and the decision of the
ENGINEER in this regard shall be final and binding on the CONTRACTOR.
The CONTRACTOR shall nevertheless constantly endeavour to prevent or
make good the delay and shall do all that may be reasonably required to
the satisfaction of the ENGINEER to proceed with the works.

10.4.1 Request for extension of time, to be eligible for consideration, shall be


made by the CONTRACTOR in writing within 14 days of happening of the
event causing delay.

10.5

Liquidated damages for delay in Completion: Time is an important


factor of the contract. It shall be the responsibility of the Contractor to
complete the work within the stipulated period of completion including
the authorized extensions, if any, granted by the OWNER/
CONSULTANT.

10.5.1 In case the CONTRACTOR fails to complete the work successfully within
the period of completion including the extended time as stipulated
above, he shall be liable to pay to the OWNER, as liquidated damages
and not as a penalty, a sum at the rate of % (half percent) of the total
contract value of the work (as awarded) for every week or part thereof
which shall be elapsed between the scheduled time of completion of
work (including the authorized extended time, if any) and the actual
date of completion of work.
PROVIDED always that the total amount of such liquidated damages for
delay to be paid under this condition shall not exceed 10% (ten percent)
of the total contract value, as awarded. The Contract or from any other
between the CONTRACTOR and the OWNER, the deductions of such
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damages shall not relieve the CONTRACTOR to complete the works and
demonstrate the performance or of any of his other obligations and
liabilities under the contract.
10.5.2 In addition to the above, the OWNER shall be free to cancel the
contract or a portion thereof and get the same executed through any
other agency or agencies at the risk and cost of the CONTRACTOR. In
the event of such action is taken, the CONTRACTOR shall be liable to
pay for any loss which the OWNER may sustain but he will not be
entitled to any gain made by the OWNER on the account of such default
of the CONTRACTOR. The manner and method of taking such action
shall be at the entire discretion of the OWNER/ CONSULTANT whose
decision in the matter shall be final and binding. This right shall be
without breach/prejudice to the other rights of the OWNER to recover
damages for any other breaches of contract by the CONTRACTOR.

10.6

Completion Certificate: As soon as the work is completed, in all respects


to the satisfaction of the ENGINEER, the CONTRACTOR shall give notice
of such completion to the CONSULTANT and within 30 days of receipt of
such notice the CONSULTANT shall inspect the work and shall furnish
the CONTRACTOR with a certificate of completion, within 15 days after
the inspection, indicating therein a) date of completion; b) defects to be
rectified by the CONTRACTOR; and/or c) items for which payment shall
be made at the reduced rate. No certificate of completion shall be issued
nor shall the work be considered to be completed till CONTRACTOR shall
have removed from the premises on which the work has been executed
all scaffoldings, sheds, and surplus material (except such as are
required for rectification of defects) rubbish and all huts and sanitary
arrangements required for his workmen on the site in connection with
the execution of the work, as shall have been erected by the
CONTRACTOR or the workmen and cleaned all dirt from the part of
building(s) in upon or about which the work has been executed or of
which he may have had possession for the purpose of the execution
thereof, cleaned floors, gutters and drains, eased doors and sashes,
oiled locks and fastenings, labeled keys clearly and handed them over to
the OWNER and made the whole premises fit for immediate occupation;
or use to the satisfaction of the OWNER. If the CONTRACTOR shall fail
to comply with any of the requirement of these conditions as aforesaid,
on or before the date of completion of the works, the OWNER/
CONSULTANT may at the expense of the CONTRACTOR fulfill such

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requirements and dispose of scaffoldings, surplus materials and rubbish


etc. as he thinks fit and the CONTRACTOR shall have no claim in respect
of any such scaffoldings or surplus material except for any sum actually
realized by the sale thereof less the cost of fulfilling the requirements
and any other amount that may be due from the CONTRACTOR. If the
expenses of fulfilling such requirements is more than the amount raised
on such disposal as aforesaid the CONTRACTOR shall forthwith on
demand pay such excess amount to the OWNER.

11.0

DEFECTS AND MAINTENANCE

11.1

Definition of Defect Liability Period: In these conditions the expression


Defect Liability Period shall mean the period of maintenance named in
the Appendix to GCC, calculated from the date of completion of the
entire works under the scope of contract as certified by the
CONSULTANT in accordance with clause 10.6 hereof.
Execution of work or repairs etc:
Any time from the date of
issue of completion certificate and within 15 days from the date of
expiry of the Defect Liability Period, the ENGINEER may in writing ask
the CONTRACTOR to repair, amend, reconstruct, rectify and make good
any defects imperfections, shrinkages and/or other faults that may
have developed during the period. Upon receiving such notice, the
CONTRACTOR shall forthwith execute such works within the time
specified by the CONSULTANT and shall deliver them to the OWNER in
as good and as perfect a condition (fair wear and tear accepted) to the
satisfaction of the ENGINEER as they were at the time of
commencement of the Defect Liability Period.
a) Cost of execution of repairs etc: All such works shall be carried out by
the CONTRACTOR at his own expenses if the necessity thereof is in the
opinion of the ENGINEER due to the use of materials or workmanship not
in accordance with the contract or due to the neglect or failure on the
part of the CONTRACTOR to comply with any obligations expressed or
implied on the CONTRACTORs part under the contract.

11.2

Remedy on CONTRACTORS failure to carry out work:


If the
CONTRACTOR shall fail to do any such work as aforesaid required by
the ENGINEER the OWNER shall be entitled to carry out such works by
his own workmen or by other Contractors and the OWNER shall be

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entitled to recover from the CONTRACTOR the cost thereof or may


deduct the same from any money due or that may become due to the
CONTRACTOR, under this contract or any other contract between the
CONTRACTOR and the OWNER.

12.0

ALTERATIONS, ADDITIONS AND OMISSIONS:

12.1

Variations: The CONSULTANT shall have power (i) to make alterations


in, omissions from, additions to, or substitutions in 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. The CONTRACTOR shall be bound to
carry out the works in accordance with such instructions given to him in
writing signed by the CONSULTANT and such alterations, omissions,
additions or substitutions shall form part of the contract as if originally
provided therein. Any altered, additional or substituted work which the
CONTRACTOR may be directed to do in the manner above specified as
part of the works shall be carried out by the CONTRACTOR on the same
conditions in all respects at which he agreed to do the main work.

12.2 Completion Time: In the event of any deviations resulting in additional

cost over the contract, sum being ordered the time for completion of the
works shall be extended as follows if requested by the CONTRACTOR.

i) In the proportion, which the additional cost of the altered, additional or


substituted works bears to the original contract sum, plus

ii) 10% of the time calculated in (i) above or such other time as may be
considered by the OWNER/ CONSULTANT.

12.3

Valuation of variations:
Rates for such additional, altered or
substituted items of work shall be determined by the Engineer, in the
following manner:

i) If, in the opinion of the ENGINEER, the rate of additional altered or


substituted item of work is specified in the Bill of Quantities, the
CONTRACTOR shall carry out the additional, altered or substituted item
at the same rate. In the case of composite tenders, where two or more
Bill of Quantities may form part of the contract, the applicable rate shall
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ii)

iii)

iv)

v)

VOLUME - I of III
PAGE No. 39

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be taken from the Bill of Quantities of that particular part in which the
deviation is involved, failing that at the lowest applicable rate for the
same item of work in the other Bill of Quantities. However, where the
CONTRACTORs rate(s) for individual item(s) or works is (are)
considered by the OWNER to be absurdly high (freak item rates), any
variation beyond +20% (twenty percent) of the quantity mentioned in
the Bill of Quantities, shall be paid for at the rate(s) to be determined by
the ENGINEER by mutual discussion with the Contractor as per
provisions in sub clause (iii) below.
If, in the opinion of the ENGINEER, the rate of any altered, additional or
substituted item of work is not specified in the Bill of Quantities, the rate
for that item shall be derived from the rate of items in the Bill of
Quantities, which in the opinion of the ENGINEER is the nearest similar
item.
If the rate of any additional, altered or substituted item of work cannot
be determined in the manner specified in sub para (i) and (ii) above,
then such item of work shall be carried out at the rate entered in the
Schedule of Rates mentioned in the Appendix to GCC plus/ minus the
percentage by which the tendered amount of the work actually awarded
is higher or lower than the estimated amount of the work actually
awarded.
If the rate for any altered, additional or substituted item of work cannot
be determined in the manner specified in sub-paras (i) to (iii) above,
then the rate for such item of work shall be derived from the Schedule
of Rates specified in sub para (iii) above plus/ minus the percentage
mentioned in that sub-para. Provided, always that if rate(s) for part(s)
of an item(s) is/ are not specified in the Schedule of Rates, the rate(s)
for such part(s) shall be determined by the ENGINEER on the basis of
the purchase price as supported by the vouchers submitted by the
CONTRACTOR, unless the ENGINEER finds the purchase price indicated
in such vouchers as unreasonable. In the latter event the price shall be
determined on the basis of market rate(s) prevailing during the fortnight
following the date of the order.
If, in the opinion of the ENGINEER the rate for any altered, additional or
substituted item of work cannot be determined in the manner specified
in sub-paras (i) to (iv) above, the CONTRACTOR shall, within 14 days of
the date of receipt of order to carry out the said work, inform the
ENGINEER of the rate which he proposes to claim for such item of work
supported by detailed analysis of the rate claimed and the ENGINEER
shall within three months thereafter, after giving due consideration to

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the rate claimed by the CONTRACTOR, determine the rate, as he may


consider reasonable on the basis of market rate(s). In the event of the
CONTRACTOR failing to inform the ENGINEER within the stipulated
period of time, the rate which he proposes to claim, the rate of such
item shall be determined by the ENGINEER as he may consider
reasonable on the basis of market rate(s).
vi) Provided that no order in writing shall be required from the ENGINEER
for increase or decrease in the quantity of any item of work where such
increase or decrease is the result of the certified actual quantities,
executed based on approved construction drawings exceeding or being
less than those stated in the Bill of Quantities. In such cases, always
subject to provision of sub-clause 12.4 below, regarding freak item
rates, the CONTRACTOR shall be paid only for the actual quantity of
work done, as certified by the ENGINEER at the accepted unit item rates
and no compensation shall be allowed for any variation in quantities
mentioned in the Bill of Quantities.
12.4

For items not existing in Bill of Quantities (BOQ) or substitutions to


items in the Bill of Quantities, rate payable shall be determined by
methods given below and in the order given below :
a) Rates and prices in contract, if applicable;
b) Rates and prices in the Schedule of rates applicable to the contract
+ tendered percentage, where appropriate;
c) Market rates of materials and labor, plus 10% for overheads and
profits of contractor/ Rate analysis.
d) Escalation to be paid as per contract conditions.

12.5

For items existing in the Bill of Quantities but where quantities


have increased beyond the variation limits, the rate payable for
quantity in excess of the quantity in the Bill Of Quantity plus the
permissible variation shall be :
1. Rates and prices in contract, if reasonable, failing which
2. Market rates of material and labour, plus 10% for overheads and
profits of contractor/ Rate analysis.

12.6

If there is a delay in the OWNER and Contractor coming to an


Agreement on the rate of an extra item, Procurement rate as
proposed by the OWNER should be payable till such time the rates are
finally determined.

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12.7

VOLUME - I of III
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Freak rate: Freak rate has been defined as the rate less than 25% or
more than 100% of the estimated rate.

13.0

VALUATION AND PAYMENT

13.1

Records and measurements:


The CONSULTANT shall, except as
otherwise stated ascertain and determine by measurement the value of
the work done in accordance with the contract.

13.1.1

All items having financial values shall be entered in measurement


book, level book etc. prescribed by the CONSULTANT so that a
complete record is obtained of all work performed under contract.

13.1.2 Measurements shall be taken jointly by the CONSULTANT or his


authorized representative and by the CONTRACTOR or his authorized
representative.

13.1.3 Before taking measurements of any work, the CONSULTANT or the

person deputed by him for the purpose shall give a reasonable notice to
the CONTRACTOR. If CONTRACTOR fails to attend or send unrealized
representative for measurement or fails to countersign or to record the
objection within a week from the date of measurement, in any such
events measurements taken by the CONSULTANT, shall be taken to be
the correct measurements of the work.

13.1.4 The CONTRACTOR shall without extra charge provide assistance with
every appliance, labour and other things necessary for measurements.

13.1.5 Measurement shall be signed and dated by both parties each day on

the Site on completion of measurement. If the CONTRACTOR objects


to any of the measurements recorded on behalf of the OWNER, a note
to that effect shall be made in the measurement book against the item
objected to and such note shall be signed and dated by both parties
engaged in taking the measurement.
The decision of the
OWNER/ENGINEER on any such dispute or difference or interpretation
shall be final and binding on both the parties and shall be beyond the
scope of settlement of dispute by arbitration in respect of all contract
items, substituted items, extra items and deviations.

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13.2

Methods of measurement: Except where otherwise stipulated in the


description, in the bill of quantities or in the specifications, the
measurements shall be made according to IS 1200, notwithstanding
any general or local practice. All dimensions and measurements shall
be in metric units.

13.3

Payment on Account: The CONTRACTOR shall submit to ENGINEER in


the first week of every month, and on-account bill showing therein the
value of permanent works executed up to the end of the preceding
month, accompanied by detailed measurement and statement of
materials at site. The CONSULTANT shall then arrange to have the bill
verified by taking or causing to be taken, where necessary, the
requisite measurements of the work.

13.3.1 Payment

on
account
for
amount
admissible
shall
be
made
on
the
ENGINEER
certifying
the
sum
to
which
the CONTRACTOR is considered entitled after deducting there
from the amounts already paid, and such other amounts as may be
deductible or recoverable in terms of the Contract, provided the gross
amount of such bill is not less than 5% of the contract value as
awarded. However, for items involving more than one activity, stagewise payment shall be made as provided in the contract.

13.3.2 Payment of the CONTRACTORs bills shall be made by the OWNER within

30 days from the date of submission of the bill subject to the acceptance
of the ENGINEER.

13.3.3 Any interim certificate given relating to work done or materials delivered

may be modified or corrected by the CONSULTANT by any subsequent


interim certificate or by the final certificate. No certificate of the
CONSULTANT supporting an interim payment shall itself be conclusive
evidence that any work or materials to which it/they relate/relates is/are
in accordance with the Contract.

13.3.4 Pending consideration of extension of date of completion, interim

payment shall continue to be made as herein provided, subject to


Clause 10.5 of these conditions.

13.4

Time limit for payment of final bill: The final bill shall be submitted by
the CONTRACTOR within three months of physical completion of the

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entire work as certified by the CONSULTANT in accordance with clause


10.6 of these conditions. No further claim shall be made by the
CONTRACTOR after submission of the final bill and these shall be
deemed to have been waived and extinguished. All approved samples,
as-built drawings
shall be submitted along with final bill. An
undertaking stating that all statutory payments have been made and the
OWNER shall be fully indemnified from any claims from statutory
authorities, shall also be enclosed. Payment of these items of the bill in
respect of which there is no dispute, shall be made within six (6)
months, the period being reckoned from the date of receipt of the bill by
the CONSULTANT.
13.4.1 After payment of the amount of the final bill payable as aforesaid has
been made, the CONTRACTOR may, if he so desires, reconsider his
position in respect of the disputed portion of the final bill and if he fails
to do so within 90 days, his disputed claim shall be dealt with as
provided in the contract.

13.5

Overpayments and underpayments:


Wherever any claim for the
payment of a sum of money to the OWNER arises out of or under this
contract against the CONTRACTOR, the same may be deducted by the
OWNER from any sum then due or which at any time thereafter may
become due to the CONTRACTOR under this contract and failing that
under any other contract with the OWNER or from any other sum due to
the CONTRACTOR from the OWNER which may be available with the
OWNER or from his security deposit or he shall pay the claim on
demand.

13.5.1 The OWNER reserve the right to carry out post payment audit and
technical examination of the final bill including all supporting vouchers,
abstracts, etc. The OWNER further reserve the right to enforce recovery
of any overpayment, when detected, notwithstanding the fact that the
amount of the final bill may be included by one of the parties as an item
of dispute before an Arbitrator appointed under Clause 16 of these
conditions and notwithstanding the fact the amount of the final bill
figures in the Arbitration Award.

13.5.2 If as a result of such audit and technical examination, any overpayment

is discovered in respect of any work done by the CONTRACTOR or


alleged to have been done by him under the Contract, it shall be

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recovered by the OWNER from the CONTRACTOR by any or all of the


methods prescribed above. If any underpayment is discovered, the
amount shall be duly paid to the CONTRACTOR by the OWNER.
PROVIDED that the aforesaid right of the OWNER to adjust overpayment
against amount due to the CONTRACTOR under any other contract with
the OWNER shall not extend beyond the period of 2 years from the date
of payment of final bill or in case the final bill is a minus bill from the
date the amount payable by the CONTRCTOR under the MINUS final bill
is communicated to the CONTRACTOR.

13.5.3 Any amount due to the CONTRACTOR under this contract for
underpayment may be adjusted against any amount then due or which
may at any time thereafter become due before payment is made to the
CONTRACTOR, from him to the OWNER on any other Contract or
account whatsoever.

14.0

REMEDIES AND POWERS

14.1

Cancellation of Contract due to contractors Default.


The OWNER
reserves the right to terminate the contract either in part or in full if the
CONTRACTORa)

at any time makes default in proceeding with the works with due
deligence and continues to do so after notice in writing of 7 days
from the CONSULTANT; or

b) 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: or

c) fails to complete the works or part(s) thereof with individual dates of


completion, on or before the date(s) of completion, and does not
complete them within the period specified in a notice given in
writing in that behalf of the ENGINEER; or

d) shall offer, or give or agree to give to any person in OWNERs 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

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having done or forborne to do any act in relation to the obtaining


execution of this or any other Contract for the OWNER; or

e) shall enter into a contract with the OWNER in connection with which

commission has been paid or agreed to be paid by him or to his


knowledge, unless the particulars of any such commission and the
terms of payment thereof have been previously disclosed in writing
to OWNER; or

f) shall obtain a Contract with the OWNER as a result of ring tendering


or other non-bonafide methods of competitive tendering; or

g) 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 state 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 composition or arrangement for the
benefit of his creditors or purport to do so, or if any application be
made under any Solvency Act for the time being in force for
sequestration of his state or if a trust deed be executed by him for
benefit of his creditors; or

h) being a company shall pass a resolution or the court shall make an

order for liquidation of its affairs, or a receiver or manager on behalf


of the debenture holders shall be appointed or circumstances shall
arise which entitle the court or debenture holder to appoint a
receiver or a manager; or

i) shall suffer and execution being levied on his goods and allow it to be
continued for a period of 21 days; or

j) assigns, transfers, sublets (engagement of labour on a piece work

basis for labour with materials not be incorporated in the work, shall
not be deemed to be subletting); or attempts to assign, transfer or
sublet the entire works or any portion thereof without the prior
written approval of the OWNER or the CONSULTANT; the OWNER
may without prejudice to any other right to remedy which shall have
accrued or shall accrue thereafter to the OWNER, by written notice

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cancel the contract as a whole or only such part(s) of work in default


from the contract.

14.1.1

The OWNER shall on such cancellation have powers to:


i) take possession of the site and any materials, constructional plant,
implements, stores etc. thereon, and/or

ii) carryout the incomplete work by any means at the risk and cost
of the CONTRACTOR.

14.1.2 Valuation on the date of termination of contract: On cancellation of the

contract in full or in part, the CONSULTANT shall determine what


amount, if any, is recoverable from the CONTRACTOR for completion of
works or part of the works or in case the works or part of the works is
not completed, the loss or damage suffered by the OWNER.
In
determining the amount, credits shall be given to the CONTRACTOR for
the value of the work executed by him up to the time of cancellation,
the value of CONTRACTORs material taken over and incorporated in the
works and use of tackle and machinery belonging to the CONTRACTOR.

14.1.3 Any excess expenditure incurred or to be incurred by the OWNER in

completing the works or part of the works or excess loss or damages


suffered or may be suffered by the OWNER as aforesaid after allowing
such credit shall be recovered from any money due to the CONTRACTOR
or any account, and if such money is not sufficient the CONTRACTOR
shall be called upon in writing to pay the same within 30 days.

14.1.4 If the CONTRACTOR shall fail to pay the required sum within the

aforesaid period of 30 days, the ENGINEER shall have the right to sell
any or all the CONTRACTORs unused materials, constructional plant,
implements, temporary buildings, etc. and apply the proceeds of sale
thereof towards the satisfaction of any sums due from the CONTRACTOR
under the Contract, and if thereafter there be any balance outstanding
from the CONTRACTOR, it shall be recovered in accordance with the
provisions of the Contract.

14.1.5 Any sums in excess of the amounts due to the OWNER and unsold

materials, constructional plant etc. shall be returned to the


CONTRACTOR, provided always that if cost or anticipated cost of

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completion by the OWNER of the works or part of the works is less than
the amount which the CONTRACTOR would have been paid had he
completed the works or part of the works such benefit shall not accrue
to the CONTRACTOR.
Cancellation/Foreclosure of Contract in full or in part due to
abandonment or reduction in scope of work: If at any time after
acceptance of the tender the OWNER shall decide to abandon or reduce
the scope of the works for any reason whatsoever and hence not require
the whole or any part of the works to be carried out, the CONSULTANT
shall give one weeks notice in writing to that effect to the CONTRACTOR
and the CONTRACTOR shall have no claim to any payment or
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 could not derive in consequence of the foreclosure of
the whole or part of the works.

14.2.1 Valuation on the date of foreclosure:

In such an event, the


CONTRACTOR shall be paid at Contract rates the amount for works
executed at site and, in addition, a reasonable amount as certified by
the CONSULTANT for the items hereunder mentioned which could not be
utilized on the work to the full extent because of the foreclosure.

i) Any expenditure incurred on preliminary site work eg. Temporary access


roads, temporary labour huts, staff quarters and site office; storage
accommodation and water storage tanks.

ii)

The OWNER shall have the option to take over CONTRACTORs


materials or any part thereof either brought to site of which the
CONTRACTOR is legally bound to accept delivery from suppliers (for
incorporating in or incidental to the work). For materials taken over by
the OWNER, cost of such materials 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) For contractors material not retained by the OWNER, reasonable cost of

transporting such materials from the site to contractors nearest store or


to his other works, whichever is less shall be paid. If materials are not

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transported to either of the said places, no cost of transportation shall


be payable.

iv) If any materials supplied by the OWNER are rendered surplus, the same

except normal wastage shall be returned by the CONTRACTOR to the


OWNER at the rates not exceeding those at which these were originally
issued less allowance for any deterioration or damage which may have
been caused whilst the material were in the custody of the
CONTRACTOR. In addition, cost of transporting such materials from the
site to the OWNERs store if so required by the OWNER.

v) Reasonable compensation for transfer of T&P from site to CONTRACTORs

permanent stores or to his other work sites, whichever is less. If T&P


are not transported to either of the said places, no cost of transportation
shall be payable.

14.2.2 The CONTRACTOR shall, if required by the CONSULTANT furnish him


books of account, wage books, time sheets and other relevant
documents as may be necessary to enable him to certify the reasonable
amount payable under this condition.

14.2.3 Termination of the Contract on Death:

If the CONTRACTOR is an
individual or a proprietary concern and the individual or the proprietor
dies or if the CONTRACTOR is partnership concern and one of the
partners dies, then unless the OWNER is satisfied that the legal
representatives of the individual CONTRACTOR or the proprietor of the
proprietary concern and in the case of partnership, the surviving
partners, are capable of carrying out and completing the contract, the
OWNER shall be entitled to cancel the contract as to its incompleted part
without the OWNER being liable in any way to payment of any
compensation to the estate of the deceased CONTRACTOR and/or to the
surviving partners of the CONTRACTORs firm on account of the
cancellation of the contract. The decision of the OWNER/ENGINEER that
the legal representatives of the deceased CONTRACTOR or the surviving
partners of the CONTRACTORs firm cannot carryout and complete the
contract shall be final and binding on the parties.

15.0

CONSTRUCTION FACILITIES

15.1

Land for contractors Office, Store, Workshop etc:

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The OWNER shall at his discretion and for the duration of execution of
the
Contract
make
available
at
site, free of charge, land for
construction of CONTRACTORs field office, workshop, stores, magazines
for explosives in isolated locations, assembling yard etc. required for
execution of the Contract.
Levelling and dressing of site, any
construction of temporary roads, offices, workshop etc. as per plan
approved by the ENGINEER shall be done by the CONTRACTOR at his
own cost.

15.1.1 On completion of work or on cancellation of contract, the CONTRACTOR

shall hand over the land duly cleaned to the OWNER. Until and unless
the CONTRACTOR has handed over the vacant possession of land
allotted to him for the above purposes, the payment of his final bill shall
not be made. The CONTRACTOR shall be liable to pay for the use and
occupation of the land at the rates to be determined by the OWNER, if
the CONTRACTOR overstays in the land after contract is completed or
cancelled.

15.2

Water for Construction Purpose: Unless specified otherwise in the


Special Conditions of Contract, the CONTRACTOR shall make his own
arrangements for construction water as well as for supply of drinking
water for his labours. However, in case there is any suitable existing
source of water like bore well within the boundaries of the land acquired
by the OWNER for the project and if the OWNER does not need such
source of water for its exclusive use, the CONTRACTOR may be
permitted to utilize such source of water, provided such water is fit for
construction. All costs of extraction and distribution of water from such
source will be borne by the CONTRACTOR.

15.2.1 All pipelines, pumps and other accessories required for taking the water

from mains to the site of work shall be provided by the CONTRACTOR at


his own cost. He shall not be entitled to any payment on account of the
expenditure incurred in providing the Pipe lines, Pump, etc.

15.2.2 Even though the OWNER may permit the CONTRACTOR to use any

existing source of water as per clause 15.2 above, the OWNER will not
be responsible for sufficient yield of water from such source and the
CONTRACTOR shall be responsible for making at his own cost alternative
arrangements for water, if necessary. The ENGINEER also reserves the

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right to limit the quantity of water to be allowed to be drawn by the


CONTRACTOR.

15.2.3 It will be the responsibility of the CONTRACTOR to satisfy himself that

the water drawn by him is fit for construction and to adequately treat
such water before use at his own cost when it is not found fit for the
said purpose.

15.2.4 The CONTRACTOR shall make his own arrangements for storage of
sufficient quantity of water required for the work. He shall not be
entitled to any payment on account of the expenditure incurred in
providing storage facilities.

15.2.5 If specifically undertaken by the OWNER in the Special Conditions of the

Contract to supply water required for construction purpose for the work
covered under the scope of the Contract as well as for drinking purposes
of the construction sites, it will be supplied on chargeable basis. The
CONTRACTOR shall make his own arrangements to draw water from the
source of water supply to be indicated by the ENGINEER. All pipelines,
pumps and other accessories required for taking the water from mains
to the site of work shall e provided by the CONTRACTOR at his own cost.
Cost of water shall be recovered @ % of the gross value of each on
account/Running Account Bill.

15.3

Power Supply: Unless specified otherwise in the Special Conditions of


Contract, the CONTRACTOR shall make his own arrangements for
electric power required for the construction works as well as for the
labour colony/camp etc. including providing and installation of all
necessary transformers, switch gear, wiring, fixtures, bulbs and other
temporary requirement for distribution and utilization of energy for
power and lighting.

15.3.1 The CONTRACTOR shall ensure that the Electric Equipments and
distribution lines conform to Indian Electricity rules 1956 and Indian
Electricity Act 1910 with latest amendments and that all equipments are
approved by the Electrical Inspector of the State Government.

15.3.2 If specifically undertaken by the OWNER in the Special Conditions of the


Contract to supply electricity, it will be provided on chargeable basis,
at one point of the distribution system as per requirement as may be

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decided by the ENGINEER. Electricity supply will be at 440 volts, 3


phase, 50 cycles or of 230 volts, 1 phase 50 cycles. CONTRACTOR shall
provide and install all necessary transformers, switch gear, wiring,
fixtures, bulbs and other temporary requirement for further distribution
and utilization of energy for power and lighting and shall remove same
on completion of the work Electricity consumed shall be charged at the
prevailing tariff rate of State Electricity Board. The supply may be
withdrawn if the power is used for purposes other than for the work of
the project and the contractor shall not be entitled to any claim
whatsoever on account of any such act.
16.0 SETTLEMENT OF DISPUTES AND ARBITRATION.

16.1

Except as otherwise specifically provided in the contract all disputes


concerning question of facts arising under the contract shall be decided
by the OWNER/ CONSULTANT subject to a written appeal by the
CONTRACTOR to the CONSULTANT, whose decision shall be final to the
parties hereto.

16.2

Any disputes or differences including those considered as such by only


one of the parties arising out of or in connection with the Contractor
shall be the extent possible settled amicably between the parties.

16.3

If amicable settlement cannot be reached then all disputed issues shall


be settled by arbitration as provided in Clause 16.4 below.

16.4 Settlement of all disputes through Arbitration: All disputes or differences


which may arise between the OWNER and the CONTRACTOR in
connection with this Contract (other than those in respect of which the
decision of the OWNER/CONSULTANT is expressed in the contract to be
final and binding) shall after written notice by either party to the other
and to the Chairman-cum-Managing Director of the NMDC LIMITED (who
will be the Appointing Authority) be referred for adjudication to a Sole
Arbitrator to be appointed as hereinafter provided.

16.5

The Appointing Authority will send within ninety days of the receipt of
the notice, a panel of three names of persons not directly connected
with the work to the CONTRACTOR who will select any one of the
persons named to be appointed as a Sole Arbitrator within 30 days of
receipt of the names. If the Appointing Authority fails to send to the

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CONTRACTOR the panel of three names as aforesaid within the period


specified, the CONTRACTOR shall send to the Appointing Authority a
panel of three names of persons who shall also be unconnected with the
Organisation by which the work is executed. The Appointing Authority
shall on receipt of the names as aforesaid select any one of the persons
named and appoint him as the sole Arbitrator. If the Appointing
Authority fails to select the persons and appoint him as the Sole
Arbitrator within 30 days of receipt of the panel and inform the
CONTRACTOR accordingly, the CONTRACTOR shall be entitled to invoke
the provisions of the Indian Arbitration & Conciliation Act, 1996 and any
statutory modification thereof.

16.6

Settlement of disputes between two Public sector Enterprises and


between a Public Sector Enterprise and a Government of India
agency/Department shall be settled amicably, failing which the
arbitration shall be conducted in accordance with procedure/guidelines
(office Memo No.15/9/86-BPE (Fin) dated 30.3.89) laid down by the
Department of Public Enterprises, Ministry of Industry, Govt.of India,
from time to time.

16.7

The courts at Hyderabad only shall have jurisdiction to entertain and


adjudicate any disputes.

16.8

The venue of Arbitration shall be Hyderabad , Andhra Pradesh, India.


The Arbitrator shall decide the costs of Arbitration also.

16.9 The arbitration award shall, in addition to dealing with the merits of the
case, decide which of the parties shall bear the costs of arbitration or in
what proportion the costs shall be borne by the parties.
16.9.1The parties shall continue to perform their obligations under this
contract during the arbitration proceedings. No payment due to or
payable by the contractor shall be withheld or delayed except as regards
any particular obligation or any particular payment which itself is or
forms a direct part of the subject matter of the arbitration proceedings.

17.0

INSTRUCTIONS AND NOTICES

17.1

Instructions and Notices by and on behalf of the OWNER: Subject as


otherwise provided in this Contract, all notices to be given on behalf of

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the OWNER and all other actions to be taken on its behalf may be given
or taken by the CONSULTANT.

17.1.1 All instructions, notices and communications etc under the Contract shall

be given in writing and if sent by Registered post to the last known


place of abode or business of the CONTRACTOR shall be deemed to have
been served on the date when in the ordinary course of post these
would have been delivered to him.

17.1.2 The CONTRACTOR or his Agent shall be in attendance at the site(s)

during all working hours and shall superintend the execution of the
works which such additional assistance in each trade as the
CONSULTANT may consider necessary, Orders given to the
CONTRACTORs Agent shall be considered to have the same force as if
they had been given to the CONTRACTOR himself.

17.1.3 The CONSULTANT shall communicate or confirm the instructions to the

CONTRACTOR in respect of the execution of work in a Work Site Order


book maintained in the office of the CONSULTANT and the CONTRACTOR
or his authorised representative shall confirm receipt of such
instructions by signing the relevant entries in this Book. If required by
the CONTRACTOR he shall be furnished a certified true copy of such
instruction(s).

17.2

Notice by and on behalf of the Contractor: Any notice to be given by


the contractor to the OWNER under the terms and conditions of the
contract shall be considered as duly served, if the same is delivered to,
left for or posted by Registered Post to the OWNERs last known
address.

18.0

GOVERNING LAWS:
The successful tenderer should possess a separate Provident fund code
number allotted by the Regional Provident Fund Commissioner and only
such tenderer shall be considered for award of contract.
The Corporation reserves its right to amend, modify or withdraw this
tender at any stage of contract either before awarding of the same or
during currency of the contract if there is any change in law more
particularly under contract Labour (Regulation & Abolition) Act or any

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notification issued by Govt. of India under the said Act, in such an event
of the corporation shall have not liability whatsoever to reimburse any
loss or expenses that may be incurred by the Contractor.
The contract shall in all respects be construed and operated as an Indian
Contract. The contract and all rights hereunder shall be governed by
the laws of the Union of India for the time being in force and shall be
subject to the jurisdiction of the court situated at Hyderabad, Andhra
Pradesh, India.
It is the sole responsibility of the Contractor to obtain necessary
licences/permissions/approvals exemptions, etc., in advance from the
concerned Labour authorities appointed under the contract Labour
(R&A) Act, 1978, or any other authority concerned before hand and
before actually commencing the work.
It shall be the responsibility of the contractor to strictly implement the
provisions of all Acts including the Contract Labour (R&A) Act 1978,
Payment of Wages Act, Workmens Compensation Act, P.F. Act, etc.,
and the Rules, notifications made there under.
18.1 CONTRACT
COORDINATION
PROCEDURES,
MEETINGS & PROGRESS REPORTING

COORDINATION

The Contractor shall prepare and finalize in consultation with OWNER/


CONSULTANT, a detailed contract coordination procedure within 30 days
from the date of issue of Letter of Intent for the purpose of execution of
the Contract.
The Contractor shall have to attend all the meetings at his own cost with
OWNER/ CONSULTANT during the currency of the Contract, as and when
required and fully cooperate with such persons and agencies involved
during these discussions.
During the execution of the work, Contractor shall submit at his own
cost a detailed monthly progress report to the CONSULTANT in three
copies and shall also submit one copy to Engineering Division of OWNER
of HO by 25th of every month so that the progress report can reach
Engineering Division of OWNER latest by 5th of every month.

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19.0 DISCOVERIES
19.1

Anything of historical or other interest or of significant value


unexpectedly discovered on the Site is the property of the Owner. The
Contractor is to notify Engineer or his nominee of such discoveries and
carry out the engineer or his nominees instructions for dealing with
them.

20.0

POSSESSION OF THE SITE

The Employer shall give possession of all parts of the Site to the
Contractor, free from encumbrances. Fronts and site shall be given
progressively to meet the mutually agreed construction schedule.
21.0

ACCESS TO THE SITE

21.1

The Contractor shall allow the Engineer or his nominee and any person
authorized by the Engineer or his nominee access to the Site to any
place where work in connection with the Contract is being carried out or
is intended to be carried out and to any place where materials or plant
are being manufactured, fabricated and / or assembled for the works.

22.0

IDENTITY DEFECTS

22.1

The Engineer or his nominee shall check the Contractors work and
notify the Contractor of any defects that are found. Such checking shall
not affect the Contractors responsibilities. The Engineer or his nominee
may instruct the Contractor to search for a Defect and to uncover and
test any work that the Engineer or his nominee considers may have a
Defect.

23.0

TESTS
If the Engineer or his nominee instructs the Contractor to carry out a
test not specified in the Specification to check whether any work has a
Defect and the test shows that it does the Contractor shall pay for the
test and any samples. In case there is no defect the expenditure on the
test shall be borne by NMDC.

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24.0

VOLUME - I of III
PAGE No. 56

of 101

TAKING OVER
The Engineer shall take over the Site and the Works within seven days
of the Engineer issuing a certificate of Completion.

25.0 PERSONNEL
The Contractor shall employ the key personnel named in the schedule of
key personnel as referred to in the contract documents to carry out the
functions stated in the schedule or other personnel approved by the
Employer or his nominee. The employer or his nominee will approve any
proposed replacement of key personnel only if their qualifications,
abilities and relevant experience are substantially equal to or better than
those of the personnel listed in the schedule.
If the employer or his nominee asks the Contractor to remove a person
who is a member of the Contractors staff of his work force stating the
reasons, the Contractor shall ensure that the person leaves the site
within seven days and has no further connections with the work in the
contract .

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PACKAGE NO. VI

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CHAPTER-GCC

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APPENDIX TO GCC
(As referred before in the General Conditions of the Contract)
GCC
Condition
No.
1.3(h) Market Rate percentage addition
to cover over heads and profit

10 (Ten) percent

8.2

Distribution return of number and description by trades of workmen employed on


works to be submitted to the CONSULTANT

11.1

Defect Liability period

12.3

Schedule of rates applicable

Fortnightly.

12 (Twelve) months from


certified date of completion of
works.
DSR 2007/ Market Rate

Note: Contract value will be taken as the value of the work as awarded or as
executed whichever is lower.

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 58

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SECTION-GCC
ANNEXURE-I
FORM OF AGREEMENT
(Ref clause 6.1 of GCC)
(To be executed on a Non-Judicial Stamp Paper of Value not less than ` 100/-)
(Subject to modifications as required by the OWNER)
Contract Agreement No..dated
THIS AGREEMENT made and entered into this..day of
Two Thousand and Nine only between NMDC LIMITED having its registered
office at Khanij Bhavan, 10-3-311/A,
Masab Tank, Hyderabad-500 173
hereinafter referred to as the OWNER (which expression shall, unless
excluded by or repugnant to the context or the meaning thereof, be deemed to
include its successors and permitted assign) of the ONE PART.
AND
M/s
having
its
registered
office/principal place of business at ....................... in the state of
.................................... hereinafter referred to as the CONTRACTOR
(which expression shall, unless excluded by or repugnant to the context or the
meaning thereof, be deemed to include its successors and permitted assigns)
the OTHER PART.
WHEREAS , the OWNER invited tender for the
...(Project) at

construction

of

AND
WHEREAS, the CONTRACTOR submitted tender to the OWNER for
execution of the work in accordance with the tender documents.

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AND
WHEREAS, the OWNER has accepted the tender submitted by the
CONTRACTOR for the construction, completion and maintenance of such
works.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this agreement words and expression shall have the same meanings as
are respectively assigned to them in the conditions of contract hereinafter
referred to.

2. The following documents issued for the work shall be deemed to form and
be read and construed as part of this agreement viz.

a) Notice Inviting Tenders.


b) Instructions to Tenderers.
c) General Conditions of Contract.
d) Special Conditions of Contract.
e) Erection Conditions of Contract
3.
4.

Technical Specifications.
Preamble to Bill of Quantities,
a) Bill of Quantities i.e. Schedule of items with quantities, quoted rate
and
amount against item

5.

Tender drawings

6.

Time Schedule

7.

Correspondence after receipt of tender till acceptance

8.

Letter of Intent and work order.

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In consideration of the payments to be made by the OWNER to the


CONTRACTOR as herein after mentioned the CONTRACTOR hereby
covenants with the OWNER to construct, complete and maintain the works
in conformity in all respects with the provisions of the contract.
The OWNER hereby covenants to pay the contractor in consideration of the
construction completion and maintenance of the works the contract price
at the times and in the manner prescribed by the contract.
Signed, sealed and delivered by the
presence of

Dated Signature of Contractor


in the capacity of
on behalf of
Witness

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in the

For and on behalf of NMDC LTD.


Dated Signature of OWNER,
Designation.
Witness

NMDC LIMITED

MECON
LIMITED

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 61

of 101

SECTION GCC
ANNEXURE II
FORMAT OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT /
CONTRACT PERFORMANCE GUARANTEE
IN INDIVIDUAL CONTRACT
(Condition No. 6.4)
(To be executed on a non-judicial stamp paper of appropriate value.
Stamp paper shall be purchased in the name of the Bank)
Ref:
Guarantee No.

Bank
Date:

To,
NMDC LIMITED,
10-3-311/A, Castle Hills, Masab Tank,
Hyderabad 500 173.
In consideration of the NMDC LIMITED, having its registered office
at 10-3-311/A, Castle Hills, Masab Tank, Hyderabad (hereinafter called
the OWNER which expression shall unless repugnant to the subject or
context include its administrators, successors and assigns) having
agreed under the terms and conditions of the Award letter bearing
Nodatedissued by NMDC LIMITED, which has
been
unequivocally
accepted
by
the
CONTRACTOR
M/s.
(Refer note at the end of proforma) for the work of
(hereinafter called the said contract) to accept a Deed of Guarantee as
herein provided for `.. (Rupees only)
from a Nationalised Bank in lieu of the deduction to be made from the
CONTRACTORs bills for the due fulfillment by the said CONTRACTOR of
the terms and conditions contained in the said Contract. We, the
...
Bank (hereinafter referred to as the said Bank and having our
registered office at do hereby undertake and agree to indemnify and
keep indemnified the OWNER from time to time to the extent of
`.. (Rupees only) against any loss
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or damage, costs, charges and expenses caused to or suffered by or


that may be caused to or suffered by the OWNER by reason of any
breach or breaches by the said CONTRCTOR of any of the terms and
conditions contained in the said contract and to unconditionally pay the
amount claimed by the OWNER on demand and without demur to the
extent aforesaid.

2.

We, the said bank, further agree that the OWNER shall be the sole judge
of and as to whether the said CONTRACTOR has committed any breach
or breaches of any of the terms and conditions of the said contract and
extent of loss, damage, costs charges and expenses caused to or
suffered by or that may be caused to or suffered by the OWNER on
account thereof
and decision of the OWNER that
the
said
CONTRACTOR has committed such breach or breaches and as to the
amount or amounts of loss, damage, costs, charges and expenses
caused to or suffered by or that may be caused to or suffered by the
OWNER from time to time shall be final and binding on us.

3.

We, the said Bank, further agree that the Guarantee herein contained
shall remain in full force and effect during the period that would be
taken for the performance of the said Contract and till all the dues of the
OWNER under the said contract or by virtue of any of the terms and
conditions governing the said contract have been fully paid and its
claims satisfied or discharged and till the owner certifies that the terms
and conditions of the said contract have been fully and properly carried
out by the said CONTRACTOR and accordingly discharges this Guarantee
subject, however, that the OWNER shall have no claim under the
Guarantee after 90 (Ninety) days from the date of expiry of the Defects
and the Liability period as provided in the said CONTRACT i.e.,
(date) or from the date of cancellation of the said contract,
as the case may be, unless a notice of the claim under this guarantee
has been served on the Bank before the expiry of the said period in
which case the same shall be enforceable against the Bank
notwithstanding the fact, that the same is enforced after the expiry of
the said period.

4.

The OWNER shall have the fullest liberty without affecting in any way
the liability of the Bank under this Guarantee or indemnity, to vary from
time to time any of the terms and conditions of the said contract or to
extend time of performance by the said CONTRACTOR or to postpone for

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NMDC LIMITED

MECON
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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 63

of 101

any time and from time to time any of the powers exercisable by it
against the said CONTRACTOR or securities available by the OWNER of
the liberty with reference to the matters aforesaid or by reason of time
being given to the said CONTRACTOR or any other forbearance, at or
omission on the part of OWNER or any indulgence thing whatsoever
which under the law relating to sureties would but for this provision
have effect of so releasing Bank from its such liability.

5.

It shall not be necessary for the OWNER to proceed against the


CONTRACTOR before proceeding against the Bank and the guarantee
herein contained shall be enforceable against the bank, notwithstanding
any securitywhich the OWNER may have obtained or obtained from the
CONTRACTOR,at the time when proceedings are taken against the bank
hereunder be outstanding or unrealized.

6.

We, the said Bank, lastly undertake not to revoke this


guarantee during its currency except with the previous consent
of the OWNER in writing and agree that any change in the
Constitution of the said CONTRACTOR or of the said Bank shall not
discharge our liability hereunder. If any further extension of this
guarantee is required, the same shall be extended to such required
period
on
receiving
instruction
from
M/s
on whose behalf this guarantee is issued.

In presence of :
the bank
Witness

For and on behalf of


Signature

Name & Designation


Authorization No.
Dated & Place

Banks seal

The above guarantee is accepted by the NMDC LIMITED.


NMDC LIMITED
NOTES:
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

For and on behalf of the

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 64

of 101

*FOR PROPRIETORY CONCERNS.


Shri, S/o.., resident of ,carrying
on business under the name and style of .at ..
(hereinafter called the said Contractor which expression shall unless
the context requires otherwise include his heirs, executors,
administrators and legal representatives)
*FOR PARTNERSHIP CONCERNS
M/s.., a partnership firm with its office at
., (hereinafter called the said
contractor which
expression unless the context requires otherwise include their heirs,
executors, administrators and legal representatives) the name of their
partners being,

i)
ii)

Sri--------------------------------- S/o ----------------------------------Sri -------------------------------- S/o ----------------------------------etc.


.
*FOR COMPANIES
M/s.------------------------------------------a company registered under
the Companies Act, 1956 and having its registered office at ---------------------in the State of ------------------------ (hereinafter called the
said contractor which expressions shall unless the context requires
otherwise include its administrators, successors and assigns).

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NMDC LIMITED

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 65

of 101

SAFETY CODE
(See Clause 8.6 of GCC)
1. Suitable scaffolds shall be provided for workmen for all work 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 is used an
extra mazdoor shall be engaged for holding the ladder and if the ladder is used
for carrying materials as well, suitable footholds and hand-holds shall be
provided on the ladder and the ladder shall be given an inclination not steeper
than to (1/4 horizontal and 1 vertical).
2.Scaffolding or staging more than 3.25 meters above the ground or floor,
swing or suspended from an overhead support or erected with stationery
support, shall have a guard rail properly attached, bolted, braced and
otherwise secured at least 1 meter high above the floor or platform o such
scaffolding or staging and extending along the entire length of the outside and
ends thereof with only such openings 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 platform, gangways and stairways shall be so constructed that they
do not sag unduly or unequally, and if a height of a platform or gangway or
stairway is more than 3.25 meters above ground level or floor level, it shall be
closely boarded, have adequate width and be suitably fenced as described in 2
above.
4.Every opening in floor of a building or in a working platform shall be
provided with suitable means to prevent fall of persons or materials by
providing suitable fencing or railing with a minimum height of 1 meter.
5.Safe means of access shall be provided to all working platforms and other
working places. Every ladder shall be securely fixed. No portable single ladder
shall be over 9 meters in length. Width between wide rails in a run ladder
shall in no case be less than 30 cm for ladders upto and including 3 meters in
lengths. For longer this width shall be increased at least 6 mm for each
additional 30 cm of length. Uniform step spacing shall not exceed 30 cm.

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 66

of 101

5.1.1 Adequate precautions shall be taken to prevent danger from


electrical equipment.
No materials on any of the Sites shall be
so stacked or placed as to cause danger or inconvenience
to any person or public. The Contractor shall provide all
necessary fencing and lights to protect public from accidents and shall e
bound to bear expenses of defense of every suit action or other
proceedings at law that
neglect of the above precautions and to pay any damages and costs
which may with the consent of the Contractor to be paid to compromise
any claim by any such person.
5.1.1 All safety measures such as provision of safety helmets, belts, shoes to
the workmen and supervisory staff employed by the contractor shall be
statutory which shall be provided by the contractor to his workmen and
labour at his cost.

6.

Excavation and Trenching: All trenches, 1.5 meter or more in depth,


shall at all times, be supplied with at least one ladder for each 20
meters in length or fraction thereof. Ladder shall be extended from
bottom of trench to at least meter above surface of the ground. Sides
of trench which is 1.5 meters 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. Excavated material shall not be placed
within 1.5 meters of edge of trench or half of depth of trench, whichever
is more.
Cutting shall be done from top to bottom.
Under no
circumstances shall undermining or undercutting be done.

7.

Demolition: Before any demolition work is commenced and also during


the process of the work:

a)

All roads and open areas adjacent to the work site shall either be closed
or suitably protected.

b)

No electric cable or apparatus which is liable to be a source of danger


over a cable or apparatus used by operator shall remain electrically
charged.

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 67

of 101

c)

All practical steps shall be taken to prevent danger to persons employed


from risk or ire or explosion, or flooding. No floor, roof, or other part of
a building shall be so overloaded with debris or materials as to render it
unsafe.

8.

All necessary personal safety equipment as considered adequate by the


Engineer-in-Charge shall be available for use of persons employed on the
site and mentioned in a condition suitable for immediate use; and the
contractor shall take adequate steps to ensure proper use of equipment
by those concerned.

a)

Workers employed on mixing asphaltic materials cement and lime


mortars/ concrete shall be provided with protective footwear and
protective goggles.

b)

Those engaged in handling any material which is injurious to eyes shall


be provided with protective goggles.

c)

Those engaged in welding works shall be provided with welders


protective eye-shields, gloves and foot-wears.

d)

Stone breakers shall be provided with protective goggles and protective


clothing and seated at sufficiently safe intervals.

e)

When workers are employed in sewers and manholes, which are in use
the contractor shall ensure that manhole covers are opened and
manholes are ventilated at least for an hour before workers are allowed
to get into them. Manholes so opened shall be cordoned off with
suitable railing and provided with warning signals or boards to prevent
accident to public.

f)

The Contractor shall not employ men below the age of 18 years and
women on the work of painting with products containing lead in any
form. Whenever men above the age of 18 years are employed on the
work of lead painting, the following precautions shall be taken:

i)

No paint containing lead or lead products shall be used except in


the form of paste or ready made paint.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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MECON
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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 68

of 101

ii)

Suitable face masks shall be supplied for use by workers when


paint is applied in the form of spray or surface having lead paint
dry rubbed and scrapped.

iii)

Overalls shall be supplied by the contractor to workmen and


adequate facilities shall be provided to enable working painters to
wash during and on cessation of work.

9.

When work is done near any place where there is risk of drowning, all
necessary equipment shall be provided and kept ready for use and all
necessary steps taken for prompt rescue of any person in danger and
adequate provision made for prompt first aid treatment of all injuries
likely to be sustained during the course of the work.

10.

Use of hoisting machines and tackles including their attachments,


anchorage and supports shall conform to the following:

a)

i) These shall be of good mechanical construction, sound material


and adequate strength and free from patent defects and shall
be kept in good working order and properly maintained.

ii) Every rope used in hoisting or lowering or materials or as

a
means of suspension shall
be
of durable quality and
adequate strength and free from patent defects.

11.

Every crane driver or hoisting appliance operator shall be properly


qualified and no person under age of 21 years shall be in charge of any
hoisting machine including any scaffold or give signal to operator.

12.

In case of every hoisting machine and of every chain rink hook, shackle
swivel and pulley block used in hoisting or lowering or as means of
suspension, safe working load shall be ascertained by adequate means.
Every hoisting machine and all gear referred to above shall be plainly
marked.

13.A First Aid box shall be kept by the contractor at the site office to meet
any emergency that may arises.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 69

of 101

MODEL RULES FOR LABOUR WELFARE


(See clause 8.5 of GCC)

1.

Definition

a) Workplace means a place at which on an average, twenty or more


workers are employed.

b) Large Workplace means a place at which on an average 500 or


more workers are employed.

2.

First Aid

2.1

At every workplace, there shall be maintained in a readily accessible


place first aid appliances including adequate supply of sterilised
dressings and sterilised cotton wool as prescribed in the Factory Rules of
the State/Government of India. The appliances shall be kept in good
order and in large work places, they shall be placed under the charge of
a responsible person who shall be readily available during working
hours.

2.2

At large work places where hospital facilities are not available within
easy distance of the works, First Aid posts shall be established and to
run by a trained compounders.

2.3

As large workplaces are remotely situated and far away from regular
hospitals, an indoor ward shall be provided with one bed for every 250
employees.

2.4

Where large workplaces are situated in cities, towns or in their suburbs


and no beds are considered necessary owing to proximity of city or town
hospitals suitable transport shall be provided to facilitate removal of
urgent cases of these hospitals. At other workplaces, some conveyance
facilities shall be kept readily available to take injured person or persons
suddenly taken seriously ill, to the nearest hospital.

2.5

At large workplaces there shall be provided and maintained an


ambulance room of the prescribed sizes, containing the prescribed
equipment and in the charge of such medical and nursing staff as may
be prescribed. For this purpose the relevant provisions of the Factory

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NMDC LIMITED

MECON
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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 70

of 101

Rules of the State Government of the areas where the work is carried on
may be taken as the prescribed standard.

3.

Accommodation for Labour:


The CONTRACTOR shall during the
progress of the works provide, erect and maintain necessary temporary
living accommodation and ancilliary facilities for labour at his own
expense and to standards and scales as approved by the Engineer-inCharge.

4.

Drinking
Water: In every workplace, there shall be provided
and
maintained
at
suitable
places,
easily
accessible to labour, a sufficient supply of cold water fit for drinking.

4.1

Where drinking water is obtained from an intermittant public water


supply each work place shall be provided with storage where drinking
water shall be stored.

4.2

Every water supply storage shall be at a distance of not less than 15


meters 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 water proof.

4.3

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.

5.

Washing and Bathing Places: Adequate washing and bathing places


shall be provided separately for men and women. Such places shall be
kept in clean and drain condition.

6.

Scale of Latrines and Urinals (for men and women): There shall be
provided within the precincts of every workplace latrines and urinals in
an accessible place separately for each of these shall not be less than at
the following scales:
No. of seats

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MECON
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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 71

a) Where number of persons does not exceed 50


b) Where number of persons exceed 50 but does
not exceed 100
c) For additional person per 100 or part thereof

of 101

2
3
3

In particular cases, the Consultant shall have power to increase the


requirement where necessary.

7.

Latrines and Urinals: Except in work workplaces provided with water


flushed latrines connected with a water borne sewage system all latrines
shall be provided with receptacles on dry earth system which shall be
cleaned at least four times daily and at least twice during working hours
and kept in a proper sanitary condition. Receptacles shall be tarred
inside and outside at least once in a year.

7.1

If women are
employed,
separate latrine and urinals, screened
from those from
men
and
marked
in
the vernacular
in
conspicuous letters. For women only shall be provided on the
scale laid down in rule. Those for men shall be similarly marked For
Men only A poster showing the figure of a man and a woman shall also
be exhibited at the entrance to latrines for each sex. There shall be
adequate supply of water close to latrines and urinals.

8.

Construction of Latrines: Inside walls shall be constructed of masonry


or other non-absorbent material and shall be cement-washed inside and
outside at least once in a year. The dates of cement washing shall be
noted in a register maintained for the purpose and kept available for
inspection. Latrines shall have at least thatched roof.

9.

Disposal of Excreta: Unless otherwise arranged for by the local sanitary


authority, arrangements for proper disposal of excreta by inceneration
of the workplaces shall be made by means of a suitable incenerator
approved by the local medical, health and municipal or cantonment
authorities. Alternatively excreta may be disposed off by putting a layer
of night soils at the bottom of pucca tank prepared for the purpose and
covering it with 15 cm layer of waste or refuse and then covering it with
a layer of earth for a fortnight (when it will turn into manure).

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 72

of 101

9.1

The CONTRACTOR shall at his own expense, carry out all instructions
issued to him by the Engineer-in-Charge to affect proper disposal of soil
and other conservancy work in respect of Contractors work people 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 work on his behalf.

10.

Provision of shelters during rest: At every workplace there shall be


provided free of cost four suitable sheds, two for meals and two others
for rest separately for use of men and women labour. Height of each
shelter shall not be less than 3 meters from floor level to lowest part of
roof. Sheds shall be kept clean and the space provided shall be on the
basis of the least 0.5 sq.mtr. per head.

11.0

Creches: At a place at which 20 or more women workers are ordinarily


employed, there shall be provided at least one hut for use of children
under the age of 6 years belonging to such women. Huts shall not be
constructed to a standard lower than that of thatched roof mud floor and
wall with wooden planks spread over mud floor and covered with
matting.

11.1.1Huts
shall
for light and
sweepers to
in attendance.
local medical,
huts shall be
children.

be provided with suitable and sufficient openings,


ventilation.
There shall be adequate provision of
keep the places clean.
There shall be two dais
Sanitary utensils shall be provided to the satisfaction of
health and municipal or cantonment authorities. Use of
restricted to children, their attendants and mothers of

11.2

Where the number of women workers is more than 25 but less than 50
the CONTRACTOR shall provide at least one hut and one Dai to look
after children of women workers.

11.3

Size of Creche (s) shall vary according to the number of women workers
employed.

11.4

Creche/s shall be properly maintained and necessary equipment like


toys etc. provided.

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 73

of 101

12.

Canteen: A cooked food canteen on a moderate scale shall be provided


for the benefit of workers where it is considered necessary.

13.

Structures: Planning, setting and erection of the above mentioned


structures shall be approved by the CONSULTANT and the whole of such
temporary accommodation shall at all times during the progress of the
works be kept tidy and in a clean and sanitary condition to the
satisfaction of the Engineer-in-Charge and at the CONTRACTORs
expense.
The CONTRACTOR shall conform generally to sanitary
requirements of local medical health and municipal or cantonment
authorities and at all times adopt such precautions as may be necessary
to prevent soil pollution of the site.

13.1

On completion of the works the site shall be cleaned of the whole of


such temporary structures, all rubbish shall be cleaned and burnt,
excrete or other disposal pit of trenches filled in and effectively sealed
off and whole of site left clean and tidy to the entire satisfaction of the
Engineer in Charge and at the CONTRACTORs expenses.

14.

Anti malarial precautions: The CONTRACTOR shall at his own expense,


conform to all anti malarial instructions given to him by the Engineer in
Charge, including filling up any barrow pits which may have been dug by
him.

15.

Enforcement: The Inspecting Officer mentioned in the CONTRACTORs


Labour Regulations or any other officer nominated on his behalf by the
Engineer-in-charge shall report to Engineer-in-Charge all cases of failure
on the part of the CONTRACTOR and or his sub-contractors to comply
with the provisions of these Rules either wholly or in part and the
Engineer-in-Charge shall impose such fines and other penalties as are
prescribed in the conditions.

16.

Interpretations etc:
On any question as to the application,
interpretation or effect of these Rules, the decision of the Chief Labour
Commissioner or Deputy Chief Labour Commissioner (Central) shall be
final and binding.

17. Amendments: The OWNER may from time to time add to or amend these
Rules and issue such directions as it may consider necessary for the proper
implementation of these Rules or for the purpose of removing any difficulty
which may arise in the administration thereof.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 74

of 101

CONTRACT LABOUR REGULATIONS


(See Clause 8.4 of GCC)
1.

Definition:
In these regulations, unless otherwise expressed or
indicated, the following words and expression shall have the meaning
hereby assigned to them:

a)

Labour means workers employed by a contractor directly, or indirectly


through a sub-contractor, or by an agent on his behalf on payment as
per statutory regulations.

b)

Fair Wages means wages, which shall include wages for weekly day of
rest and other allowances, whether for time or piece work, after taking
into consideration prevailing market rates for similar employment in the
neighbour-hood but shall not be less than the minimum rates of wages
fixed under the payment of Minimum Wages Act.

c)

Contractor for the purpose of these regulations shall include an agent


or sub-contractor employing labour on the work taken on contract.

d)

Inspecting Officer means any Labour Enforcement Officer, or Assistant


Labour Commissioner of the Chief Labour Commissioners organisation.

e)

Form means a form appended to these Regulations.

2.

Notice of Commencement: The Contractor shall, within SEVEN days of


commencement of the work, furnish in writing to the Inspecting Officer
of the area concerned the following information:

a)

Name and situation of the work.

b)

Contractors Name and Address.

c)

Particulars of the Department for which the work is undertaken.

d)

Name and address of sub-contractor(s) as and when they are appointed.

e)

Commencement and probable duration of the work.

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 75

f)

Number of workers employed and likely to be employed.

g)

Fair wages for different categories of workers.

3.

of 101

i) Number of hours of work which shall constitute a normal working day.


The number of hours which shall constitute a normal working day for an
adult be NINE hours.
The working day of an adult worker shall be so arranged that inclusive
of intervals, if any, for rest it shall not spread over more than twelve
hours on any day. When an adult worker is made to work for more than
NINE hours on any day or for more than FORTY EIGHT hours in any
week he shall in respect of overtime work be paid wages at double the
ordinary rate of wages.

ii)

Weekly day of rest: Every worker shall be given a weekly day of rest
which shall be fixed and notified at least TEN days in advance. A worker
shall not be required or allowed to work on the weekly rest day unless
he has or will have a substituted rest day on one of the five days
immediately before or after the rest day. Provided that no substitution
shall be made which will result in the worker working or more than ten
days consecutively without a rest day for a whole day.

iii)

Where in accordance with the foregoing provisions worker works on the


rest day and has been given a substituted rest day he shall be paid
wages for the work done on the weekly rest day at the overtime rate of
wages.

NOTE: The expression ordinary rate of wages means the fair wage to which
a worker is entitled to.
4.

Display of notice regarding wages, Weekly day of rest etc.


The Contractor shall before he commences his work on contract,
display and correctly maintain and continue to display and correctly
maintain in a clean and legible condition in conspicuous places on the
works, notice in English and in the local Indian Language, spoken by
majority of workers, giving the rate of fair wages. The hours of work for
which such wages are payable the weekly rest days workers are entitled

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 76

of 101

to and name and address of the Inspecting Officer. The Contractor shall
send a copy each of such notices to the Inspecting Officers.
5.

Fixation of Wage Periods: The Contractor shall fix wage periods in


respect of which wages to its employees/workmen shall be payable. No
wage period shall normally exceed one week.

6.

Payment of wages:

i)

Wages due to every worker shall be paid to him direct. All wages shall
be paid in current coins or currency or in both.
Wages of every worker employed on the contract shall be paid where
the wage period is one week, within THREE days from the end of the
Wage period; and in any other case before the expiry of the 7th day or
10th day from the end of the wage period according as the number of
workers does not exceed 1,000 or exceeds 1,000.
When employment of any worker is terminated by or on behalf of the
contractor, the wages earned by him shall be paid before expiry of the
day succeeding the one on which his employment is terminated.

ii)

iii)

iv)

Payment of wages shall be made at the work site in presence of


owners representative on a working day except when the work is
completed before expiry of the wages period, in which case final
payment shall be made at the work site within 48 hours of the last
working day and during normal time.
NOTE: The term working day means a day on which the work on
which labour is employed, is in progress.

7.

Register of workmen: A register of workmen shall be maintained in the


form appended to these regulations and kept at the work site or as near
to it as possible, and the relevant particulars of every workman shall be
entered therein within THREE days of his employment.

8.

Employment Card: The Contractor shall issue an employment card in


the Form appended to these regulations to each worker on the day of
work or entry into his employment. If a worker already has any such
card with him issued by the previous employer, the Contractor shall
merely endorse that Employment Card relevant entries. On termination

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PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 77

of 101

of employment the Employment Card shall again be endorsed by the


Contractor and returned to the worker.

9.

Register of Wages etc.

i)

A Register of Wages-cum-Muster Roll in the Form appended to these


regulations shall be maintained and kept at the work site or as near to it
as possible.

ii)

A wage slip in the form appended to these regulations shall be issued to


every worker employed by the Contractor at least a day prior to
disbursement of wages.

10.

Fines Deductions which may be made from wages

i)

Wages of a worker shall be paid to him without any deductions of any


kind except the following:

a)
b)

Fines;
Deduction for absence from duty, i.e. from the place of his employment
he is required to work. The amount of deduction shall be in proportion
to the period for which he was absent.
Deduction for damages to or losses of goods expressly entrusted to the
employed person for custody, or for loss of money which he is required
to account for, where such damage or loss is directly attributable to his
neglect or default.
Deductions for recovery of advances or for adjustment of overpayment
of wages, advance granted shall be entered in the register; and
any other deduction which the Corporation may from time to time allow.

c)

d)
e)
ii)

No fines shall be imposed on any worker save in respect of such acts


and omissions on his part as have been approved by the Chief Labour
Commissioner.

iii)

No fine shall be imposed on a worker and no deductions 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.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 78

of 101

iv)

The total amount of fines 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 wages payable to him in respect of that wage period.

v)

No fine imposed on a worker shall be recovered from him in instalments,


or after expiry of sixty days from the date on which it was imposed.
Every fine shall be deemed to have been imposed on the day of the act
or omission in respect of which it was imposed.

vi)

The Contractor shall maintain both in English and local Indian language
a list approved by the Chief Labour Commissioner; clearly stating the
acts and omissions for which penalty or fine may be imposed on a
workman and display it in good condition in a conspicuous place on the
work site.

vii)

The contractor shall maintain a register of fines and the register of


deductions for damage or loss in
the forms appended to these
regulations which should be kept at the place of work.

11.

Register of accidents:
The contractor shall maintain a register of
accidents and injuries in such form as may be convenient at the work
place and the same shall include the following particulars.
a) Full particulars of the labourers who met with accident.
b) Rate of wages
c)

Sex

d)

Age

e)

Nature of accident and cause of accident

f)

Time and date of accident

g)

Date and time when admitted in hospital

h)

Date of discharge from the hospital

i)

Period of treatment and result of treatment

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

j)

VOLUME - I of III
PAGE No. 79

of 101

Percentage of loss of earning capacity and disability as assessed by


Medical Officer.

k)

Claim required to be paid under Workmans Compensation Act.

l)

Date of payment of compensation.

m)
Amount paid with details of the person to whom the same was
paid.
n)

Authority by whom the compensation was assessed.

o)

Remarks.

12.

Preservation of Register: The Register of Workmen and the Register of


Wages-cum-Muster Roll required tobe maintained under these
regulations shall be preserved for 3 years after the date on which the
lost entry is made therein.

13.

Enforcement: The Inspecting Officer shall either on his own motion or


on a complain received by him carry out investigations, and send a
report to the QWNER specifying the amounts representing workers dues
and amount of penalty to be imposed on the contractor for breach of
these regulations, that have to be recovered from the contractor,
indicating full details of the recoveries proposed and the reasons
thereof. It shall be obligatory on the part of the OWNER on receipt of
such a report to deduct such amounts from payments due to the
Contractor.

14.

Disposal of amounts recovered from the Contractor: The Engineer-inCharge shall arrange payment to workers concerned within FORTY FIVE
days from receipt of a report from the Inspecting Officer except in cases
where the contractor had made an appeal under Regulation 16 of these
regulations. In case where there is an appeal, payment of workers dues
would be arranged by the Engineer-in-Charge whenever such payments
arise, within THIRTY days from the date of receipt of the decision of the
Regional Labour Commissioner (R.L.C.)

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 80

of 101

15.

Welfare Fund: All moneys that are recovered by the OWNER by way of
workers dues which could not be disbursed to workers within the time
limit prescribed above, due to reasons such as whereabouts of workers
not being known, death of a worker etc. and also amounts recovered as
penalty shall be credited to a Fund to be kept under the custody of the
Corporation for such benefit and welfare of workmen employed by
Contractors.

16.

Appeal against decision of Inspecting Officer: Any person aggrieved by


a decision of the Inspecting Officer may appeal against such decision to
the Regional Labour Commissioner concerned within THIRTY days from
the date of the decision, forwarding simultaneously a copy of his
appeal to
the
OWNER. The decision of the Regional Labour
Commissioner shall be final and binding upon the Contractor and the
workmen.

17.

Representation of Parties:
i) A workman shall be entitled to be represented in any investigation or
enquiry under these Regulations by an Officer of a registered trade
union of which he is a member or by an officer of a Federation of Trade
Unions to which the said trade union is affiliated or where the workman
is not a member of any registered trade union, by an officer of a
registered trade union, connected with, or by any other workman
employed in the industry in which the worker is employed.

ii) A contractor shall be entitled to be represented in any investigation

or enquiry under these Regulations by an officer of an association of


contractors of which he is a member or by an officer of a Federation of
Association of Contractors to which the said association is affiliated or
where the contractor is not a member of any association of contractors,
by an officer of association of employers, connected with, or by any
other employer engaged in the industry in which the contractor is
engaged.

iii) No party shall be entitled to be represented by a legal practitioner in

any investigation or enquiry under these Regulations.

18.

Inspection of Books and other Documents: The Contractor shall allow


inspection of the Registers and other documents prescribed under these

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 81

of 101

Regulations by inspecting Officers and the OWNER/ CONSULTANT or his


authorised representative at any time and by the worker or his agent on
receipt of due notice at a convenient time.

19.

Interpretation etc: On any question as to the application, interpretation


or effect of these Regulations, the decision of the Chief Labour
Commissioner or Deputy Chief Labour Commissioner (Central) shall be
final and binding.

20.

Amendments: Central Government may, from time to time, add to or


amend these Regulations and issue such directions as it may consider
necessary for the proper implementation of these Regulations or for the
purpose of removing any difficulty which may arise in the administration
thereof.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 82

of 101

REGISTER OF WORKMEN
(Regulation No.7)

i)

Name and address of the CONTRACTOR

ii)

Number and date of the Contract

iii)

Name and address of the Company awarding the Contract: NMDC LIMITED,
10-3-311/A, Masab Tank, Hyderabad.

iv)

Nature of the Contract and location of the work.

v)

Duration of the Contract.

Sl
.
N
o.

Name
and
surnam
e of
the
worker
s

Age
and
sex

Fathe
rs/
Husba
nds
name

Natur
e of
emplo
yment
s
design
ation

Permanen
t/and
Home
address of
employee
(Vill. Dist.
Thana)

Pre
sen
t
ad
dre
ss

Date of
comme
ncemen
t of
employ
ment

Date of
terminat
ion/
leaving
of the
employe
e

Sig.
Or
thu
mb
impr
essi
on

10

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

R
E
M
A
R
K
S
11

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 83

of 101

i)

EMPLOYMENT CARD
(Regulation No.8)
Name and sex of the worker

ii)

Father/Husbands Name

iii)

Address

iv)

Age or Date of Birth

v)

Identification Marks

vi)

Particulars of next of kin (wife, husband and children if any, or of dependent


next of kin in case the worker has no wife/husband or child)
Name
Full address of dependents
(Specify village, district and state)

Sl.
No
.

Name &
address
of
the
employer
(specify
whether a
contracto
r or subcontracto
r)

Particular
s
of
location
of
work
site and
descriptio
n of work
done

Total
period
for
which
the
employe
r
employe
d from
to

Actual
No. of
days
worke
d

Leave
taken
(No.
of
days
shoul
d be
specif
ied)

Natur
e
of
work
done
by
the
worke
r

Wag
e
perio
d

Wage
rate
with
particlar
s of unit
in case
of piece
work

Total
wage
s
earne
d by
the
worke
r
durin
g the
perio
d
show
n
under
co.5
10

REM
ARK
S

Signat
ure of
the
emplo
yer

11

12

N.B: For a worker employed at one time on piece work basis and at another
on daily wages, relevant entries in respect of each type of employment
should be made separately.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 84

of 101

REGISTER OF FINES
(Regulation No. 10 (Vii)

Sl
.
N
o.

Name

Fathers/
Husband
s Name

S Depart
e ment
x

Nature
& Date
of the
offence
for
which
fine
impose
d

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

Wheth
er
worker
showe
d
cause
against
or not
if
so
enter
dt.
7

Rate
of
wage
s

Dt
&
amoun
t
of
fines
impose
d

Date
whic
h
fine
reali
zed

R
E
M
A
R
K
S

10

11

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 85

of 101

REGISTER OF DEDUCTIONS FOR DAMAGES OR LOSS CAUSED TO THE OWNER


BY THE NEGLECT OR DEFAULT OF THE EMPLOYED PERSONS
(Regulation No. 10 (vii))

S
l.
N
o
.

Na
me

Father
s/
Husban
ds
name

Se
x

Depa
rtme
nt

Damag
e or
loss
caused
with
date

Whether
worker
showed
cause
against
deductio
n if so
enter
dt.

Date
amount
of
deductio
n
imposed

Number
of
installme
nts if
already
realized

Date
with
total
amo
unt

R
E
M
A
R
K
S

10

11

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 86

of 101

WAGE SLIP
(Regulation No.9)
i)

Name of the CONTRACTOR

ii)

Place

1.

Name of the worker with fathers/Husbands name

2.

Nature of employment

3.

Wage period

4.

Rate of wages payable

5.

Total attendance/Unit of work done

6.

Date of which overtime worked

7.

Overtime wages

8.

Gross wages payable

9.

Total deduction (including nature of deduction)

10.

Net wages payable

CONTRACTORS signature
Thumb impression

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

Employees signature
Thumb impression

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 87

TENDER PROPOSAL FORMS

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

of 101

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 88

of 101

SECTION - TPF
TENDER PROPOSAL FORMS
CONTENTS
-----------------------------------------------------------------------------------------------------Sl.No.
TITLE
-----------------------------------------------------------------------------------------------------1.

FORM - A

CHECKLIST OF DOCUMENTS
ENCLOSED WITH TENDER

2.

FORM - B

LETTER OF SUBMISSION
OF TENDER

3.

FORM - C

FULL INFORMATION ABOUT


THE TENDERER

4.

FORM - D

ORGANISATION SET UP
PROPOSED AT THE SITE OF WORK

5.

FORM - E

DETAILS OF EQUIPMENTS

6.

FORM - F

DETAILS OF SIMILAR WORK


DURING PAST 7 YEARS

7.

FORM - G

DETAILS OF CURRENT COMMITMENTS OF THE


TENDERER

8.

FORM - H

STATEMENT OF EXCEPTIONS
AND DEVIATIONS

9.

FORM I

DETAILS OF WORK DONE DURING LAST SEVEN YEARS AS PER


PQ REQUIREMENTS.

10.
FORM J
DETAILS OF TURN OVER
-----------------------------------------------------------------------------------------------------

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 89

of 101

FORM - A
CHECK LIST OF DOCUMENTS ENCLOSED WITH TENDER

Sl.No.
is

Description

Declaration (Strike
out whichever
not

applicable)

(A)

PART-I OF THE TENDER

1. Check list of documents in the prescribed proforma, Form A


enclosed with Section TPF - Tender Proposal Forms

Yes/No

2. Letter of submission of tender in the prescribed proforma, Form B Yes/No


enclosed with Section TPF - Tender Proposal Forms, duly filled
in and signed, as per Cl.8.1(ii) of Instructions to Tenderers.

3. Earnest money deposit for the value as indicated in Notice Inviting


Yes/No
Tender, in the manner specified in clause 8.1(i) of Instructions
to Tenderers.

(B)

PART II OF THE TENDER

1.

Formats enclosed to section TPF-Tender Proposal Forms duly


filled in and signed along with all required enclosures, complete
as per Cl 8.2 of Instructions to Tenderers.

Form C
Yes/No
Form D
Yes/No
Form E
Yes/No
Form F
Yes/No
Form G
Yes/No
Form I
Yes/ No
2.
Exceptions/Deviations taken by the tenderer in the prescribed
proforma, Form-H, enclosed with Section TPF-Tender Proposal
Forms as per Cl 8.2 of Instructions to Tenderers
Yes/No

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 90

3.

Form-J Regarding Turnover of the Company

4.

Other documents to be enclosed by the tenderer as per Cl.8.2


of Instructions to Tenderers.

i)

ii)
iii)
iv)
v)

of 101

Yes/No

Power of attorney of the signatory to the tender


Original Solvency certificate from the bank
Certificate of registration with Govt. Departments
Photo copy of Permanent Account Number (PAN)
Copy of PF Registration Code Number

Yes/No
Yes/No
Yes/No
Yes/No
Yes/No

5.

Tenderers proposed quality assurance programme as required


vide Cl. 8.2 (vii) of ITT
Yes/No

6.

Time schedule net work proposed by the tenderer for completion


of work within the time specified in Notice Inviting Tender as per
clause 8.2(viii) of ITT.
Yes/No

7.

Overall description of the method of construction as per Cl .8.2(ix)


of ITT
Yes/No

8.

Amendment/Addenda/Corrigenda for this tender document if issued


by the owner, duly signed as required vide Cl 8.2 of Section ITT.
Yes/No

9.

Interpretation No.-------- /Clarification Nos.-------------------------on this tender document if issued by the owner, duly signed as required
vide Cl 8.2 of section ITT.
Yes/No

10.
11.

Tender documents as issued by the Owner duly signed, as required


vide Cl 8.2 of ITT.
Yes/No
Dummy Schedule to be submitted by the Bidder as per
Clause No. 8.2 (iv) of ITT.

12.

Certificate for relationship with employer as required vide


Clause 8.2(viii) of ITT.

C.

PART III OF THE TENDER (PRICE BID)

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

Yes/No
Yes/ No

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

1.

2.

VOLUME - I of III
PAGE No. 91

Summary of Tenderers price in the prescribed proforma


enclosed as Form AA with Section BOQ - Bill of
Quantities as required vide Cl. 8.3 of ITT.
Price quotation in the prescribed schedule in enclosed
with Section BOQ - Bill of Quantities as required
vide Cl. 8.3 of ITT

of 101

Yes/No
Yes/No

SIGNATURE OF TENDERER
WITH DATE AND COMPANY SEAL

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC

VOLUME - I of III
PAGE No. 92

of 101

SECTION TPF
FORM B
LETTER OF UNDERTAKING
Letter of submission of Tender (TO BE EXECUTED IN A NONJUDICIAL STAMP PAPER OF VALUE NOT LESS THAN `100/-)
(To be in separate sheet and included in Part I of the Tender)
Ref :
Dated :
To
NMDC LIMITED,
Khanij Bhavan,
10-3-311/A, Castle Hills,
Masab Tank,
Hyderabad - 500 173.
Dear Sirs,
1.

I/We* have read and examined the following Tender documents relating
to the ____________________________ (full scope of work)
A.

Notice Inviting Tender (NIT)

B.

Conditions of Contracting containing Instructions to Tenderers


(ITT), General Conditions of Contract (GCC), Special Conditions of
the contract (SCC), Erection Conditions of the contract (ECC).

C.

Tender Drawings

D.

Technical Specifications

E.

Any other documents (specify).

2.

I/ We* hereby submit our Tender in terms of NIT and other documents.

3.

I/ We* undertake to keep our Tender valid initially for a period of six (6)
months from the last date of submission of Tender i.e., up to
_____________. I/We* hereby further undertake that I/We shall not vary
/ alter or revoke my/our Tender during the said period or extended period,
if any.

4.

I/We* also submit herewith the prescribed EMD in the form of DD/ Bank
Guarantee. NMDC shall have the right to forfeit the EMD effective from the

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 93

of 101

date of opening the tender if I/We* do not comply with the undertaking
given at (3) above.
5.

Should this Tender be accepted, I/We* also agree to abide by and fulfil all
the terms, conditions and provisions of the above-mentioned Tender
documents.

6.

I/ We* further undertake that I/We have not altered / modified the
contents of the Tender documents issued by you/ downloaded from the
website indicated in the Tender. A duly signed and stamped copy of the
Tender document is enclosed.

7.

I/ We* hereby confirm that before submission of this bid, I/We have
visited the site and fully acquainted with the local conditions and factors
for execution of the works covered under these Tender documents and
technical specifications and that we shall have no claims against NMDC on
these counts at any time
Signature along with Seal of Co.
__________________________________
(Duly authorised to sign the
Tender on behalf of the Contractor)
Name ___________________________
Designation ______________________
Name of Co. _____________________
(In block letters)
Date & Postal Address

WITNESS
Signature _____________________________
Address:
Date ____________________________
Name & Address __________________

__________________________
__________________________

_________________________________ Telephone No. ____________


Telex No. ________________
* Strike out whichever is not applicable.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC
SECTION TPF

VOLUME - I of III
PAGE No. 94

of 101

FORM C

FULL INFORMATION ABOUT THE TENDERER


(To be in separate sheet and included in Part II of the Tender)
NAME OF WORK
NAME OF TENDERER
The following information shall be furnished by the Tenderer:

1.0

1.1
1.2
1.3
1.4

2.0

2.1
2.2
2.3
2.4
2.5

3.0

3.1
3.2
3.3
3.4
3.5

In case of individual
His full name, address and place of business
His financial status
His previous experience
Whether his business is registered
In case of partnership firm
The names of all partners and their addresses.
Whether the partnership is registered, if so, copies of registration of
firm and partnership deed shall be furnished.
Date of establishment of firm
The financial status of the firm and its partners
Previous experience of the firm and its partners
In case of companies
Date and place of registration including date of certificate of
commencement of business in case of public limited companies
certified copies of Memorandum and Articles are also be furnished.
Nature of business carried on by the company and the provisions of its
Memorandum relating there to
Names and particulars including addresses of all the Directors
Previous experience
Its authorised, subscribed and paid up capital
Name & Designation of the person who will sign documents, bills and
receipts on behalf of the company
SIGNATURE OF TENDERER
WITH DATE AND COMPANY SEAL

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 95

SECTION TPF

of 101

FORM D

ORGANISATION SET UP PROPOSED AT THE SITE OF WORK


(To be in separate sheets and included in Part II of the tender)
NAME OF WORK
NAME OF TENDERER
Note: The tenderer shall indicate the field management proposed by him for
executing the work including the bio-data of key personnel.
Sl.No.

Designation/
category

Qualification

No. of years of
professional
experience

Field of
specialisation

SIGNATURE OF TENDERER
WITH DATE AND COMPANY SEAL
(Note: Tenderer shall, in a separate sheet give graphical presentation of the
organisation set up of the field management system at site)

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER-GCC
SECTION TPF

VOLUME - I of III
PAGE No. 96

of 101

FORM E

DETAILS OF EQUIPMENTS, TOOLS SAND TACKLES ETC. THE TENDERER


PROPOSES TO DEPLOY FOR THIS WORK)
(To be in separate sheets and included in Part II of the tender)
NAME OF WORK
NAME OF TENDERER
NOTE:

1.

Tenderer shall submit herein details of equipment, tools and plants etc.
required to perform the work and shall indicate in each case whether the
same is (a) already owned by him and available for use in this contract,
(b) anticipated to be hired by him, or ( c ) anticipated to be purchased
by him. In case of (a) present location shall be indicated. In case of
(b) and ( c ) location of hirer or supplier shall be stated.

2.

Tenderer shall augment this chart with additional number/categories of


equipments, if required, to complete the work within the agreed time
schedule.

3.

Details shall be furnished for the equipments indicated as per clause


No.7.1.1of GCC in this proforma.

Sl.No. Description of,


year of
Category a, b Location Proposed Remarks
Make, model manufacture or c above
period of
and capacity
retention

SIGNATURE OF TENDERER
WITH DATE AND COMPANY SEAL

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 97

SECTION TPF

of 101

FORM F

DETAILS OF SIMILAR WORKS DONE OTHER THAN PQ CRITERIA DURING THE


PAST SEVEN YEARS BY THE TENDERER
(To be in separate sheets and included in Part II of the tender)
NAME OF WORK
NAME OF TENDERER

Sl. Full Postal


No. address of
Client

Description Value of Scheduled


of work
Contract date of
completion
as per
Contract

Date of
Reasons
completion for
delay, if
any

(A) LIST OF WORKS EXECUTED IN THE NAME OF TENDERER

SIGNATURE OF TENDERER
WITH DATE AND SEAL
NOTE:

DOCUMENTARY EVIDENCE TO BE FURNISHED FOR EACH


WORK ALONG WITH SATISFACTORY COMPLETION OF WORK.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 98

SECTION TPF

of 101

FORM G

DETAILS OF CURRENT COMMITMENTS OF THE TENDERER


(To be in separate sheets and included in Part II of the tender)
NAME OF WORK
NAME OF TENDERER

Sl. Full
No. Postal
address
of
Client

Description
of work

Value of
Contract

Scheduled
date of
completion
as per
Contract

Date of %
completion

Final
bill
value
of
work

Reasons
or
delay, if any

(A) LIST OF WORKS BEING EXECUTED IN THE NAME OF TENDERER

SIGNATURE OF TENDERER
WITH DATE AND COMPANY SEAL

NOTE: DOCUMENTARY EVIDENCE TO BE FURNISHED FOR


EACH SEPARATE WORK.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 99

SECTION TPF

of 101

FORM H

STATEMENT OF EXCEPTIONS AND DEVIATIONS TAKEN FROM THE TENDER


CONDITIONS BY THE TENDERER
(To be filled in separate sheets and included in Part II of the tender)
NAME OF WORK
NAME OF TENDERER
NOTE

(1)

As pointed out in Section ITT Instructions to Tenderers, Tenderer shall


stipulate here exceptions and deviations to tender conditions, if
considered unavoidable.

(2)

The tenderer hereby certifies that the deviations mentioned below are
the only deviations to the tender conditions.

(3)

Deviations elsewhere furnished shall be ignored.

S.No.

Section No.
of Tender
document

Clause No.
of Tender
document

Clause as
given in the
tender
document

Deviation as
proposed by the
tenderer

Reasons
for
deviation

----------------------------------------------------------------------------------------------

SIGNATURE OF TENDERER
WITH DATE AND SEAL

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 100

SECTION TPF

of 101

FORM I

(To be in separate sheets and included in Part-II of the tender)


DETAILS OF WORK DONE DURING THE PAST SEVEN YEARS AS PER PRE
QUALIFICATION REQIREMENTS
NAME OF WORK
NAME OF TENDERER
Sl.
No
.

Full
postal
address
including
telephon
e nos.
Fax nos.
of the
client.

Nam
e of
work

Date of
comme
nceme
nt

Schedul
ed date
of
completi
on as
per
contract

Date
of
actual
compl
etion

Value
of
entire
work
as
execut
ed

Reason
s for
delay if
any

Completion
certificate
from client

Note : The above shall be supported by the copies of the relevant certificates
like copies of work orders, agreements, and completion reports from the
clients.

Signature of the tenderer with date

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER-GCC

PAGE No. 101

SECTION TPF

of 101

FORM J

DETAILS OF TURNOVER

Form J Details of Turn Over


---------------------------------------------------------------------------------------------Sl.No.
Period
Turnover
-----------------------------------------------------------------------------------------------------1.
2008-2009
2.
2009-2010
3.
2010-2011
4.
Average Annual turnover for
the preceding three (3)
completed financial years
as on date of opening.
Note: (i)
(ii)
(iii)
(iv)

Use additional sheets of same format, if required,


Attach list of work (Schedule) separately in similar format.
Attach your printed literature as separate reference documents
only.
Please attach documentary evidence in support of declared
turnover like Annual report etc.
(Signature)
Printed Name of Authorized person
having Power of Attorney
Designation
Date & Place
Common seal of Firm

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

SPECIAL CONDITIONS OF CONTRACT

MECON
LIMITED

NMDC LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI

VOLUME - I of III

CHAPTER - SCC

PAGE No. 1

of

SECTION-SCC
SPECIAL CONDITIONS OF CONTRACT
CONTENTS
CLAUSE NO.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

TITLE
PREAMBLE
SCOPE OF WORK
SITE LOCATION AND ACCESS
STANDARDS AND SPECIFICATIONS
DRAWINGS AND DOCUMENTS
SCOPE OF SUPPLY BY THE CONTRACTOR
SCOPE OF SUPPLY BY THE OWNER
VARIATIONS OF QUANTITIES IN TENDER SCHEDULE
RATES TO BE ALL INCLUSIVE
CONTRACT PRICE
PAYMENTS
PROGRAMME AND TIME SCHEDULE
SUBMISSION OF DOCUMENTS FOR ACCEPTANCE OF WORKS
CONTRACT PRICE ADJUSTMENT / PRICE VARIATION
SPECIAL NOTES

ANNEXURE I

SITE LOCATION & ACCESS

ANNEXURE II

CONSTRUCTION SCHEDULE AND MILESTONES.

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER - SCC

PAGE No. 2

of

SECTION - SCC

SPECIAL CONDITIONS OF CONTRACT


1.0

PREAMBLE

1.1

Several documents forming the contract shall be taken as mutually


complementary and shall be read in conjunction with each other.

1.2

In case of any conflict of meaning between various documents. The


following order of preference shall be observed:
(a) Description in the Bill of Quantities.
(b) Preamble to Bill of Quantities.
(c) Drawings.
(d) Specifications,
(e) Special Conditions of Contract
(f) Erection Conditions of Contract (ECC), and
(g) General Conditions of Contract.
In the case of any discrepancy between various drawings,
construction drawings shall prevail over Tender Drawings, Detailed
drawings shall be followed in preference to small scale drawings and
figured dimensions shall prevail over scaled dimensions.

1.3

In case of any conflict of meaning either in the same documents or


between other documents (other than the above stipulations) the
decision of the CONSULTANT shall be final, binding and conclusive.

1.4

This contract shall be governed by the Indian Laws, being in force,


for the time. The venue for settling disputes through Arbitration
shall be Hyderabad, A.P.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 3

of

2.0

SCOPE OF WORK

2.1

The scope of this Tender includes The scope of this tender includes
Surveying, Analysis and Design and execution of Approach road to
Mining Area (From PWD road to Naviotti village to C Block junction
approximately 8.022Km), construction of Bridges, RCC Box Culverts,
Road Side drains and allied works at Kumaraswamy Iron Ore Project
of NMDC at Donimalai, District Bellary, Karnataka State. The scope
of work under this contract shall be in strict compliance with the
enclosed Technical Specification and the Bill of Quantities and
drawings.

2.2

The contract for the work is a complete one for labour, materials
and workmanship including all enabling works, the provision and use
of all equipment, tools and tackles, contingencies and incidentals for
quality execution within the agreed time schedules as per the
various documents forming part of this contract. The CONTRACTOR
shall make his own arrangements for all the materials required for
the due performance of the contract unless otherwise specifically
stipulated. The various obligations of the CONTRACTOR under this
contract shall be at the cost of the CONTRACTOR except where it is
expressly provided otherwise.

2.3

The successful Contractor shall engage a competent Electrical


Contractor having valid Class B Electrical Contractors license to
execute the Electrical Works.

2.3.1 Credentials of such Contractor shall be submitted and approval


taken from CONSULTANT before engaging the Electrical Contractor.
2.3.2 The Tenderers shall give an undertaking that on award of contract
to him, he shall engage a competent Electrical Contractor to comply
with the requirements of clause 2.3 above. However, if the Tenderer
is competent to do the Electrical Works as per the requirements of
this Tender Document and has a valid Class B Electrical
Contractors license, then the Tenderer shall submit suitable
documents to establish the same and also give an undertaking that
the firm has the competency to Electrical Works themselves.
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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MECON
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 4

of

2.4

The OWNER, reserves the right to withdraw any part of the work
under the scope of this contract, at any time and get the same
executed through separate agencies at OWNERs decision.
No
claim, whatsoever, for any loss or damage resulting from such
action on the part of the OWNER shall be entertained.

2.5

The design and other works in the contract require a certain


sequence of over all constructional operations.
Consequently,
certain interruptions to any one or more type of work or items of
work are inherent. Any claim for such interruptions shall not be
admissible.

3.0

SITE LOCATION AND ACCESS


General information about the site, its location and means of access
etc. are given in Annexure-I, enclosed with these conditions. The
CONTRACTOR shall, however, acquaint himself with the site,
availability of local facilities, means of transport etc. and his quoted
rates shall be deemed to have included all such expenses which may
arise in this regard.

4.0

STANDARDS AND SPECIFICATIONS

4.1

All materials and workmanship shall conform to the works


specifications and drawings issued from time to time. In case, if
any item is not covered by the specifications and drawings so
issued, it shall conform to the relevant Indian Standard
Specifications and/or the standards laid down by the Indian Road
Congress /Central Public Works Department. In the absence of the
above, the work shall be executed according to the best prevailing
engineering practices or as prescribed by local Public works
Department. However, in case of discrepancy/anomaly/ambiguity,
the work shall be carried out as per the direction of the
CONSULTANT/ OWNER.

4.2

Unless specifically mentioned otherwise, all applicable codes and


standards published by the Bureau of Indian Standards (BIS) and all
other such documents as may be published by BIS from time to

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

MECON
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 5

of

time including its latest amendments, shall govern the design, the
workmanship, the quality of properties of the materials, the method
of field and laboratory, testing and the method of measurement for
different items of work etc.

4.3

The ENGINEER/ CONSULTANT can waive and/or relax any of the


clauses of the technical specifications and/or other contract
documents. The unit rates quoted shall be suitably modified by the
CONSULTANT based on the actual financial implications due to such
waiver and/or relaxations, and his decision in this regard shall be
final, binding and conclusive.

4.4

The adherence to the specifications and drawings given for


execution and acceptance of construction and erection work are
obligatory on the part of the CONTRACTOR for the construction
works of the various units in the work.
If in the course of
construction work some additional problems arise, which are not
covered by the given specifications and drawings, the CONTRACTOR
will be given proper instructions in writing by the CONSULTANT.
Such instructions shall be binding and shall be observed in full by
the CONTRACTOR regarding specifications, drawings, method of
execution, method of testing and other measures necessary for
completing the work within the agreed time schedule. No extra
amount will be payable unless approved by the CONSULTANT. The
decision of the CONSULTANT in this regard, shall be final, binding
and conclusive.

4.5

Construction materials brought by the CONTRACTOR shall


be
inspected by the CONSULTANT from time to time at the source of
supplies, manufacturing and workshops or at site.
The
CONTRACTOR shall provide all the facilities for such inspection at his
own cost.
Notwithstanding any inspection at the source, the
CONSULTANT shall have full liberty to reject any materials brought
to site that does not conform to specifications without being liable
for compensation.

4.6

All rejected materials shall be removed from the site forthwith by


the CONTRACTOR at his own cost. Materials shall be got tested by
the CONTRACTOR at government approved laboratories at their own

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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MECON
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 6

of

cost and test certificate shall be produced for the approval of the
CONSULTANT.
5.0

DRAWINGS AND DOCUMENTS

5.1

For carrying out the work, the CONTRACTOR will be provided with
three sets of working drawings, Additional copies, if required by the
CONTRACTOR will be furnished to him at charges fixed by the
OWNER/ CONSULTANT, subject to availability. Work shall be carried
out strictly as per the approved drawings.
The CONSULTANT,
however, reserves the right to alter or modify the drawing issued.
No claim will be entertained on account of such modifications or
alterations made in the drawings. However, all elements of work, as
actually executed as per the drawings issued, will be paid. The
decision of the CONSULTANT in all such matters shall be final,
binding and conclusive.

6.0

SCOPE OF SUPPLY BY THE CONTRACTOR

6.1

All materials required for construction work shall be supplied by the


Contractor at his own cost at the site and the OWNER will not supply
any construction material to the CONTRACTOR. Except where
otherwise specified, the CONTRACTOR shall at his own expense
supply and provide all the construction Plant, materials both for
temporary and permanent works, labour (including supervision
thereof) transport to or from the site and in and about the works and
other things of every kind including water and electricity required for
the constructions, completion and maintenance of the works.

6.2

All materials, construction plant and equipment etc. once brought by


the CONTRACTOR within the plant area/construction site, shall not be
demobilised without the written permission from the CONSULTANT.

7.0

SCOPE OF SUPPLY BY THE OWNER

7.1

Tools, Plant & Equipment: Tools, Plant and Equipment (herein after
referred to as T&P) shall not be supplied by the OWNER.

7.2

Supply of water shall be as covered under Clause 14.3 of Erection


Conditions of Contract.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

MECON
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PACKAGE NO. VI
CHAPTER - SCC

7.3

VOLUME - I of III
PAGE No. 7

of

Supply of Electric Power shall be as covered under Clause 14.2 of


Erection Conditions of Contract.

7.3.1 The CONTRACTOR shall ensure, at his own cost, that, all electric
lines and equipments conform to the Indian Electricity Rules 1956
and Indian Electricity Act 1910 with latest amendments and that all
installations are approved by the Electrical Inspector/Statutory
authorities before drawing power from the mains.
8.0

VARIATION OF QUANTITIES IN TENDER SCHEDULE

8.1

The quantities of work given against individual items in the Bill of


Quantities are approximate only and are subject to variation to any
extent and shall not form the basis of any dispute regarding the
rates to be paid or to raise any claim for compensation on any
account. However, the deviation limit in the overall contract value
shall be +/- 20%. The value of work can be increased or decreased
according to the requirement of the OWNER upto +/- 20% of the
contract value and the contractors quoted rates shall remain valid
for the increase or decrease upto this limit. Rates beyond this limit
shall be mutually discussed and agreed to.

9.0

RATES TO BE ALL INCLUSIVE

9.1

The rates quoted in the Bill of Quantities shall be inclusive of all


freight, taxes and duties such as Octroi, Sales Tax, General Sales
Tax, Service tax Excise duty, Royalties, Works contract tax,
Turnover tax etc. and also transport of materials, plants,
machineries, labour accommodation, sanitation etc., so as to
execute the contract as per rules, regulations, bye-laws and orders
etc. of local bodies, State Government and the Govt. of India, in
force during the execution of the works under the Contract. The
OWNER, may, if necessary give a certificate regarding the quantities
of materials actually used by the CONTRACTOR in the works, but
OWNER shall not entertain any claim towards the reimbursement of
the taxes, duties, royalties etc. paid by the CONTRACTOR due to
this contract. Income tax and works contracts tax if leviable, shall
be deducted at source from the payments due to the CONTRACTOR.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

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NMDC LIMITED

MECON
LIMITED

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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 8

of

10.0 CONTRACT PRICE

10.1

The rates quoted by the CONTRACTOR shall be firm for the entire
period of Contract including authorized extension, if any. The
contract price shall be adjusted as per the actual quantities certified
by the CONSULTANT and the agreed unit rates.

11.0 PAYMENTS
11.1

Bills: Payment for all works done by the CONTRACTOR shall be


made on the basis of the measurements recorded in the
measurement sheets in the pro-forma prescribed by the OWNER/
CONSULTANT. The CONTRACTOR shall submit the bill once in a
month for the work done unit wise in the prescribed pro-forma with
such details as may be required by the OWNER/ CONSULTANT.
Based on the measurements as accepted by the CONSULTANT or his
representative such bills, after presentation, will be passed by the
OWNER or his representative after making deductions towards
statutory deductions etc, and payment will be made within 30 days.

11.2.1 Final payment for the work shall be released only after certification

by the CONSULTANT on satisfactory completion and performance of


the contract in all respects and on production of an absolute demand
certificate in the prescribed form by the CONTRACTOR and upon
return in good condition of any documents, drawings, samples,
materials and other property belonging to the OWNER, returnable as
per the contract and on compliance of all other clearance or
requirement as per the contract.

11.2.2 The owner is introducing computerised bill payment system. The

CONTRACTOR shall submit bills in the prescribed format to meet this


requirement. The CONTRACTOR shall also arrange data entry to
suit the OWNERs requirement at his own cost.

11.3

Mode of measurements: The mode of measurement shall be


according to IS 1200 (latest version) to the extent not rendered
inapplicable by the specific provisions of this contract.

11.3.1 Measurement of work shall be carried out from the drawing


issued/approved by the CONSULTANT.
MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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MECON
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 9

of

11.3.2 Measurement at site shall be taken only in case of authorised site


deviations for which no revised drawings have been issued to the
CONTRACTOR or in the cases where measurement from the
drawings is not possible.
11.3.3 In both the cases of measurement of work as stated above, the
CONTRACTOR shall certify that the work has been carried out
strictly as per the drawings, authorised deviations, specifications
and items of work and is in terms of the CONTRACT.
Such
certificate shall require CONSULTANTs endorsement for the purpose
of payment.
11.3.4 In the event of any dispute with regard to the measurement of the
work executed, the decision of the CONSULTANT shall be final and
binding on the CONTRACTOR.
11.3.5 In case of site measurements as stated under Clause 11.3.2 above,
and also for measurements to determine/rescind the contract,
should the CONTRACTOR not attend or neglect or omit to send his
representative
for
taking
joint
measurement,
then
the
measurements taken by the CONSULTANT shall be deemed to be
correct measurement of the work and shall be binding on the
CONTRACTOR.
11.4 PAYMENT SCHEDULE
Subject to any deductions that may be made as per the contract, the
contractor shall be entitled to receive the contract price in the
following manner as per the agreed unit rates.
11.4.1 Civil Payment terms.
Subject to any deductions that may be made as per the contract,
the Contractor shall be entitled to receive the Contract Price in the
following manner:
11.4.1.1 90 % payment will be paid as per the quantity of works executed
and certified by CONSULTANT , subject to the following:

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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MECON
LIMITED

NMDC LIMITED

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PACKAGE NO. VI
CHAPTER - SCC
(i)
(ii)
(iii)

VOLUME - I of III
PAGE No. 10

of

Execution of the Contract Agreement by both parties.


Submission of Bank Guarantee of 10% of total contract
price towards Contract performance security.
Bills certified by CONSULTANT/ joint measurement.

11.4.1.2 10 % payment shall be paid on final acceptance of the entire


work under the scope of the contract by NMDC and submission of
all completed documentation.
11.4.2

Structural Fabrication and Erection Works:


Subject to any deductions that may be made as per the contract,
the Contractor shall be entitled to receive the Contract Price in the
following manner:

11.4.2.1 10% payment shall be made on submission and approval of


fabrication drawing by CONSULTANT.
11.4.2.2 60% payment will be paid on pro-rata basis after fabrication and
painting with Primer and issue of certificate by the
CONSULTANT.
11.4.2.3

20% payment will be made on erection on pro-rata basis and


issue of certificate by the CONSULTANT.

11.4.2.4

10% payment shall be paid along with payment due under


11.4.1.2.

12.0 PROGRAMME AND TIME SCHEDULE

12.1

Time is an important factor of the contract. The CONTRACTOR shall


complete the entire work within the time specified in the Notice
Inviting Tender to be reckoned from the date of issue of LOI, strictly
following the approved detailed construction schedule and mile
stones as specified in Annexure-II enclosed with these conditions.
The CONTRACTOR shall submit construction schedules keeping in
view the overall time of completion along with the tender. The
CONTRACTOR, before commencement of
work, shall also submit
unit-wise resource based on detailed construction schedule along
with milestone including weekly, monthly, quarterly and yearly

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 11

of

programme.
Keeping in view the various requirements of the
OWNER and other agencies.
The OWNER/CONSULTANT shall
examine and accept/approve the detailed construction schedule
along with milestones for the various units after discussions if any,
with the CONTRACTOR and after amendments if any required in his
opinion to suit the overall requirements of the OWNER and other
agencies. The approval/decision of the CONSULTANT shall be final,
binding and conclusive.
12.1.1 The Contractor shall ensure adequate progress during the execution
of work according to the bar-chart/work programme.
12.1.2 The CONSULTANTs decision/directions/instructions on the sequence
of work, mode of execution and other connected matters in this
connection shall be final and binding.
13.0 SUBMISSION OF DOCUMENTS FOR ACCEPTANCE OF WORKS

13.1

On completion of any unit of work and/or the entire work, the


CONTRACTOR shall submit to the CONSULTANT all or any of the
following documents for approval of works as per his discretion:

i)

Completion certificate for embedded and covered up works.

ii)

Manufacturers certificate and test certificates, wherever


applicable.

iii)

Certificate on control, checking and test of materials.

iv)

Performance guarantees for specialised items from specialised


sub-agencies, suppliers, manufacturers duly
endorsed/transferred to the OWNER.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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MECON
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PACKAGE NO. VI

VOLUME - I of III

CHAPTER - SCC

14.0 CONTRACT
VARIATION

PAGE No. 12

PRICE

AND

PRICE

of

ADJUSTMENT/PRICE

The price quoted by the CONTRACTOR shall remain firm for entire
contract period till completion. No escalation shall be allowed on the
agreed unit rates.
15.0 SPECIAL NOTES
15.1

The rates quoted in the tender shall be inclusive of all existing


taxes, duties like Excise duty, Sales tax, TOT, Tax on works
contract, service tax, income tax, fees, levies etc., as levied in
connection with the contract work and shall be borne and paid by
the contractor. Any statutory variations in the above and imposition
of new taxes during the execution within the contract period shall
also be borne by the Contractor. Tax on works contract shall be
deducted at source as per Govt. regulations.

15.2

The rates quoted in the tender shall include all charges for cleaning
of site before commencement as well as after completion, water
electric consumption, scaffolding, centering, staging, planking,
timbering, and pumping out water including fencing, plant and
equipment storage sheds, watching and lighting by night as well as
day, temporary plumbing and electric supply, and the contractor
shall as occasion shall require or when ordered to do so, reinstate
and make good, all matters and things disturbed during the
execution of the work, to the satisfaction of the Owner. The rates
quoted shall be deemed to be for the finished work to be measured
at site.

15.3

Unless otherwise stated the tender is on item rate basis. The


quantities in the Schedule of Quantities approximately indicates the
total extent of work.

15.4

The successful tenderer shall make his own arrangement to obtain


all materials required for the work as stated in the technical
specification.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
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PACKAGE NO. VI
CHAPTER - SCC

VOLUME - I of III
PAGE No. 13

of

15.5

If the contract work or any portion thereof at any time be found


defective or fails to fulfill the requirements, Owner shall give
Contractor notice in writing setting forth particulars of such defects
or failure and contractor shall forthwith make good such defects or
replace or alter to make it comply with the requirements. Any
materials, equipments etc., brought to site and found to be not in
accordance with the specification shall be rejected and the
Contractor shall remove the materials from the site within the time
specified by the Owner. The contractor shall not be entitled for any
extension of time or extra cost for rejection.

15.6

Tenderer shall furnish in his offer along with the details of


construction equipments available with the tenderer for using in his
work.

15.7

The contractor shall strictly follow the safety code as given in GCC
and also the instructions issued by the Safety department from time
to time. Before starting the work the contractor shall meet the
safety Engineer and get himself familiar with the safety measures to
be taken during execution of the job. The contractor shall be
personally responsible for the safety of his workmen and shall be
liable for prosecution in case of any accident.

15.8

Any clearance required from Local Forest Authority and related


liaison work, is the responsibility of the tenderer.

15.9

The Contract will be operated on item rate basis and the rates shall
include all taxes, duties and other costs for the defined scope of
work.

15.10 The Contractor shall provide and maintain at his own expenses all
lights, guards, fencing and watching when and wherever deemed
necessary by the CONSULTANT for protection of the work or for
safety and convenience of those employed on the works or public.
15.11 The Contractor shall provide and maintain proper temporary sheds
of adequate capacity for storage of all materials, and his own store
in good and watertight conditions at site. Any damage / loss of
materials in the Contractors custody will be to his account and will
be recovered from his running bills.

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PAGE No. 14

of

15.12 Contractor to obtain necessary license from competent authorities


for processing, storing and using explosives solely for use in
excavation of hard rock.
15.13 Contractor shall upon instruction, of resident geologist of OWNER
segregate the excavated material into iron ore and soil and rock and
deposit the segregated material at designated dump areas as shown
in the drawing.
15.14 The Contractor shall include in his rates the cost towards
transportation of excavated and segregated material from the
excavation sites to dump areas.
15.15 The Contractor shall use the same road under this scope for
construction to transport the excavated iron ore, soil and rock waste
to dump areas. The Contractor is barred from construction of
temporary approach roads to dump areas.
15.16 The scope of Contractor under excavation covers excavation in all
types of soil, soft disintegrated rock, hard disintegrated rock, hard
rock, iron ore of all types.
15.17 Sighting, Location and alignment survey work shall be carried out by
the contractor and the same shall be approved by the owner /
CONSULTANT.

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PACKAGE NO. VI

VOLUME - I of III

CHAPTER - SCC

PAGE No. 15

of

(ANNEXURE-I)
SITE LOCATION AND ACCESS
(Ref. Clause 3.0 of SCC)
SITE LOCATION AND ACESS:
1.0

LOCATION
Kumaraswamy Iron Ore Mine (KIOM) is situated approximately at
1050 m elevation above M.S.L., south of Donimalai at a distance of
about 25 kms by road from Donimalai township and is located at
about 6 kms from the screening plant of Donimalai through the
downhill conveyor route across the hills.

2.0

ACCESSIBIILITY
Donimalai is located at about 60 kms from Bellary, the district Head
Quarters, and 30 kms away from Hospet Town by road. The nearest
Railway Station is Toranagallu, which is about 30 kms from
Donimalai towards Bellary. The mine and crushing plant of
Donimalai are situated at hilltop, which is about 7 kms from
Donimalai Township. The screening plant and the loading plant are
located at about 2 to 3 kms away from township.

3.0

CLIMATE
The area receives an annual rainfall ranging from 600 mm to 800
mm. The predominant rainy season in this area is between July and
October. Rain also occurs occasionally in the months of November
and January due to northeast monsoon. The maximum temperature
is around 400 C in summer while minimum temperature is around
150 C in winter, which occasionally goes to as low as 80 C.
The above information is for the tenderers general guidance only
and does not relieve him in any of his responsibilities to satisfy
himself of the site conditions and sufficiency of his tender .

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CHAPTER - SCC

PAGE No. 16

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16

SECTION SCC (ANNEXURE II)


CONSTRUCTION SCHEDULE AND MILE STONES
(Ref clause 12.0 of SCC)

Sl.No.

Activity

Completion
Period

Road Bridges

8 Months

Road Culvetrs

8 Months

Approach Roads and other


works

Date of start

11 Months

Note : Total time required for completion of the project is 11


months (up to handling over of all works including
commissioning of equipment/ system) from the date of issue of
Letter of Award of Contract.

SIGNATURE OF THE TENDERER


WITH DATE AND SEAL

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ERECTION CONDITIONS OF CONTRACT

MECON
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PACKAGE NO. VI

VOLUME - I of III

CHAPTER - ECC

PAGE No. 1

ERECTION CONDITIONS OF CONTRACT (ECC)


TABLE OF CONTENTS
Clause
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.

Description of the clause


General
Regulation of Local Authorities and Statutes
Owner's Lien on Equipment
Inspection, Testing and Inspection Certificates
Possession of site
Contractor's Site Office Establishment
Co-operation with other Contractors
Discipline of workmen
Contractor's Field Operation
Photographs and Progress Report
Man-Power Report
Protection Work
Employment of Labour
Facilities to be provided by the Owner
Facilities to be provided by the Contractor
Lines and Grades
Fire Protection
Security
Contractor's Area Limits
Contractor's Co-operation with the Owner
Material Handling and Storage
Construction Management
Field Office Records
Contractor's Materials Brought on to Site
Protection of Property and Contractor's. Liability
Insurance
Unfavourable Working Conditions
Protection of Reference Points

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PACKAGE NO. VI
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29.
30.
31.
32.
33.
34.
35.

VOLUME - I of III
PAGE No. 2

Work and Safety Regulations


Code Requirements
Foundation Checking, Dressing & Grouting
Shaft Alignments
Dowelling
Check Out of Control systems
Commissioning Spares

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VOLUME - I of III
PAGE No. 3

of

ERECTION CONDITIONS OF CONTRACT (ECC)


1.0

GENERAL

1.1

The following shall supplement the conditions already contained


in the other parts of these documents and shall govern this
Contract to be performed at Site.

1.2

The Contractor upon signing of the Contract shall, in addition to


a Project Coordinator, nominate another responsible officer as
his representative at Site suitably designated for the purpose of
overall responsibility and coordination of the works to be
performed at site. Such person shall function from the site
office of the Contractor during the pendency of contract.

2.0

REGULATIONS OF LOCAL AUTHORITIES AND STATUTES

2.1

The Contractor shall comply with all the rules and regulations of
local authorities during the performance of his field activities.
He shall also comply with the Minimum Wages Act, 1948 and
the Payment of Wages Act (both of the Government of India)
and the rules made there under in respect of any employee or
workman employed or engaged by him or his sub-Contractor.
Contractor should strictly adhere to all labour laws.
The
Contractor should follow and implement all labour welfare laws
in force. The contractor shall indemnify the Owner in case of
any loss or penalty or charges levied on the Owner for the
default of Contractor in following or implementing the laws and
regulation or orders of Government.

2.2

All registration and statutory inspection fees, if any, in respect


of his work pursuant to this contract shall be to the account of
the Contractor. However, any registration, statutory inspection
fees lawfully payable under the provisions of the Indian Boiler
Regulations and any other statutory laws and its amendments
from time to time during erection in respect of the plant
equipment ultimately to be owned by the Owner, shall be to the
account of the Owner.
Should any such inspection or
registration need to be rearranged due to the fault of the
Contractor or his sub- Contractor, the additional fees for such
inspection and/or registration shall be borne by the Contractor.

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3.0

OWNER'S LIEN ON EQUIPMENT

3.1

The Owner shall have lien on all equipment brought to the site
for the purpose of erection, testing and commissioning of the
plant. The Owner shall continue to hold the lien on all such
equipment throughout the period of contract. No material
brought to the site shall be removed from the site by the
Contractor and/or his sub-Contractors without the prior written
approval of the Owner/Engineer.

4.0

INSPECTION, TESTING AND INSPECTION CERTIFICATES

4.1

The Owner/Engineer, their duly authorised representatives


and/or any inspection agency acting on behalf of the Owner
(hereinafter referred to as Inspector) shall have at all
reasonable times access to the Contractor's premises or works
and shall have the power at all reasonable times to inspect and
examine the materials and workmanship of the Works during
its manufacture and if part of the works is being manufactured
or assembled at other premises or works, the Contractor shall
obtain for the inspector permission to inspect as if the Works
were manufactured or assembled on the Contractor's own
premises or works. The Engineer shall have the right to reinspect any equipment though previously inspected and
approved by the Inspector at the Contractor's works, before
and after the same are erected at site. If by the above
inspection, the Engineer rejects any equipment, the Contractor
shall make good for such rejections either by replacement or
modifications/ repairs as may be necessary, to the satisfaction
of the Engineer. Such replacements, will also include the
replacements or re-execution of such of those works of their
Contractors and/or agencies, which might have got damaged or
affected by the replacements or re-work done to the
Contractor's work.

5.0

POSSESSION OF SITE

5.1

Suitable possession of the site shall be afforded to the


Contractor by the Owner in reasonable time.

5.2

The works so far as it is carried out on the Owner's premises


shall be carried out at such time as the Owner may approve.

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5.3

In the execution of the works, no persons other than the


Contractor or his duly appointed representative, sub-contractor
and workmen shall be allowed to do work on the site, except by
the special permission, in writing of the Engineer or his
representative.

6.0

CONTRACTOR'S SITE OFFICE ESTABLISHMENT


The Contractor shall establish a office at project site and keep
posted an authorised representative for the purpose of the
contract.
Any written order or instruction of the Owner/
Consultant or his duly authorised representative shall be
communicated to the said authorised resident representative of
the Contractor and the same shall be deemed to have been
communicated to the Contractor at his legal address.

7.0

CO-OPERATION WITH OTHER CONTRACTORS

7.1

The Contractor shall cooperate with all other Contractors or


tradesmen of the Owner, who may be performing other works
on behalf of the Owner and the workmen who may be
employed by the Owner and doing work in the vicinity of the
works under the contract. The Contractor shall also so arrange
to perform his work as to minimise, to the maximum extent
possible, interference with the work of other Contractors and
his workmen. Any injury or damage that may be sustained by
the employees of the other Contractors and the Owner, due to
the Contractor's work shall promptly be made good by the
Contractor at his own expense. The Engineer/ Consultant shall
determine the resolution of any difference or conflict that may
arise between the Contractor and other Contractors or between
the Contractor and the workmen of the Owner in regard to their
work. If the works of the Contractor is delayed because of any
acts or omissions of another Contractor, the Contractor shall
have no claim against the Owner on that account of other than
an extension of time for completing his works.

7.2

The Engineer shall be notified promptly by the Contractor of


any defects in the other Contractor's works that could affect the
Contractor's works.
The Engineer shall determine the

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of

corrective measures if any, required to rectify this situation


after inspection of the works and such decisions by the
Engineer shall be binding on the Contractor.
8.0

DISCIPLINE OF WORKMEN
The Contractor shall adhere to the disciplinary procedure set by
the Engineer/ Consultant in respect of his employees and
workmen at site. The Engineer/ Consultant shall be at liberty
to object to the presence of any representative or employee of
the Contractor at the site, if in the opinion of the Engineer/
Consultant such employee has misconduct himself or be
incompetent or negligent or otherwise undesirable and then the
Contractor shall remove such a person objected to and provide
in his place a competent replacement.

9.0

CONTRACTOR'S FIELD OPERATION

9.1

The Contractor shall keep the Engineer/ Consultant informed in


advance regarding his field activity plans and schedules for
carrying out each part of the works. Any review of such plan or
schedule or method of work by the Engineer/ Consultant shall
not relieve the Contractor of any of his responsibilities towards
the field activities. Such reviews shall also not be considered as
an assumption of any risk or liability by the Engineer/
Consultant or the Owner or any of his representatives and no
claim of the Contractor will be entertained because of the
failure or inefficiency of any such plan or schedule or method of
work reviewed. The Contractor shall be solely responsible for
the safety, adequacy and efficiency of plant and equipment and
his erection methods.

9.2

The Contractor shall have the complete responsibility for the


conditions of the work site including the safety of all persons
employed by him or his sub-Contractor and all the properties
under his custody during the performance of the work.
This requirement shall apply continuously till the completion of
the contract and shall not be limited to normal working hours.
The construction review of the Engineer/ Consultant is not

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of

intended to include review of Contractor's safety measures in,


on or near the work-site and their adequacy or otherwise.
10.0

PHOTOGRAPHS AND PROGRESS REPORT

10.1

The contractor shall furnish five (5) prints each to the Engineer/
Consultant of progress photographs of the work done at site.
Photographs shall be taken as and when indicated by the
Engineer/ Consultant or his representative. Photographs shall
be adequate in size and number to indicate various stages of
erection. Each photograph shall contain the date, the name of
the contractor and the title of the photograph.

10.2

The above photographs shall accompany the monthly progress


report detailing out the progress achieved on all erection
activities as compared to the schedules. The report shall also
indicate the reasons for the variance between the scheduled
and actual progress and the action proposed for corrective
measures wherever necessary.

11.0

MAN-POWER REPORT

11.1

The Contractor shall submit to the Engineer/ Consultant, on the


first day of every month, a man hour schedule for the month,
detailing the man hours scheduled for the month, skill wise and
area wise.

11.2

The Contractor shall also submit to the Engineer/ Consultant on


the first day of every month, a manpower report of the
previous month detailing the number of persons scheduled to
have been employed and actually employed, skill wise and the
areas of employment of such labour.

12.0

PROTECTION WORK
The Contractor shall have total responsibility for protecting his
works till it is finally taken over by the Owner. No claim will
be entertained by the Owner or the Engineer/ Consultant for
any damage or loss to the contractor's works and the
Contractor shall be responsible for the complete restoration of

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PAGE No. 8

of

the damaged works to its original condition to comply with


the specifications and drawings. Should any such damage to
the Contractor's Works occur because of other party not
under his supervision or control, the Contractor shall make his
claim directly with the party concerned. If disagreement or
conflict or dispute develops between the Contractor and the
other party or parties concerned regarding the responsibility
for damage to the Contractor's Works, the same shall be
resolved as per the provisions of the Clause-7.0 above titled
Co-operation with Other Contractors. The Contractor shall not
cause any delay in the repair of such damaged Works
because of any delay in the resolution of such disputes. The
Contractor shall proceed to repair the Work immediately and
no cause thereof will be assigned pending resolution of such
disputes.
13.0

EMPLOYMENT OF LABOUR

13.1

The Contractor will be expected to employ on the work only his


regular skilled employees with experience in the particular
work. No female labour shall be employed after darkness. No
person below the age of eighteen (18) years shall be employed.

13.2

All travelling expenses including provisions of all necessary


transport to and from Site, lodging allowances other payments
to the Contractor's employees shall be the sole responsibility of
the Contractor.

13.3

The hours of work on the Site shall be decided by the Engineer/


Consultant and the Contractor shall adhere to it. Working hours
will normally be eight (8) hours per day - Thursday through
Tuesday.

13.4

Contractor's employees shall wear identification badges while at


Site.

13.5

In case the Owner becomes liable to pay any wages or dues to


the labour or to any Government agency under any of the
provisions of the Minimum Wages Act, Workmen Compensation
Act, Contract Labour Regulation Abolition Act or any other law

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PAGE No. 9

of

or due to any act of omission or commission by the Contractor,


the Owner may make such payments and shall recover the
same from the Contractor's bills.
14.0

FACILITIES TO BE PROVIDED BY THE OWNER

14.1

Space
The Contractor shall intimate the Owner within thirty (30) days
from the date of the Letter of Award of Contract, about his
exact requirement of space for his office, storage area,
pre-assembly and fabrication areas, labour colony area, etc.
The above requirement shall be reviewed by the Engineer and
space will be allotted to the Contractor for construction of his
temporary structures like office, storage sheds, labour and staff
colony etc. All these areas shall be completely vacated by the
Contractor on completion of Contract or earlier if required by
the Owner.

14.2

Electricity
The Contractor shall not be provided with electricity for the
purposes of the Contract. Contractor shall make his own
alternative arrangements for power supply. No compensation in
terms of time or cost shall be allowed on this account.

14.3

Water
Supply of water will be made available for the construction
purposes at an agreed single point in the Site. Any further
distribution will be the responsibility of the Contractor. Free
drinking water will also be provided at one agreed point in the
Site. Further distribution either to his labour colony or his work
site or to his office shall be the responsibility of the Contractor.
An amount 1/2% of the Civil works value will be recovered
towards charges for water supply from the contractor's bills.
Contractor shall make his own alternative arrangements, in
case of any interruption in Water supply. No compensation in
terms of time or cost shall be allowed on this account.

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PACKAGE NO. VI
CHAPTER - ECC

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PAGE No. 10

of

On completion of the work, the CONTRACTOR, at his own


cost, shall remove all the above pipe lines unless their
retention is permitted by the OWNER, before the final
payments due to the CONTRACTOR are released.
15.0

FACILITIES TO BE PROVIDED BY THE CONTRACTOR

15.1

Tools, Tackles and Scaffoldings


The Contractor shall provide all the erection equipment, tools,
tackles and scaffoldings required for pre-assembly, erection,
testing and commissioning of the equipment covered under the
Contract. He shall submit a list of all such materials to the
Engineer/
Consultant
before
the
commencement
of
pre-assembly at Site. These equipment etc. shall not be
removed from the Site without the written permission of the
Engineer/ Consultant.

15.2

Communication
The Owner may extend the telephone & telex facilities, if
available at Site, for purposes of Contract. The Contractor shall
be charged at actuals for such facilities.

15.3

First Aid

15.3.1

The Contractor shall provide necessary first-aid facilities for all


his employees, representatives and workmen working at the
Site. Enough number of Contractor's personnel shall be trained
in administering first aid.

15.3.2

The Owner will provide the Contractor, in case of an


emergency, the services of an ambulance for transportation to
the nearest hospital.

15.4

Cleanliness

15.4.1

The Contractor shall be responsible for keeping the entire site


allotted to him clean and free from rubbish, debris etc. during
the period of Contract. The Contractor shall employ enough
number of special personnel to thoroughly clean his work-area
at least once in a day. All such rubbish and scrap material shall

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PAGE No. 11

of

be stacked or disposed in a place to be identified by the


Engineer/ Consultant. Materials and stores shall be so arranged
to permit easy cleaning of the storage areas. In areas where
equipment might drip oil and cause damage to the floor
surface, a suitable protective cover of a flame resistant, oil
proof sheet shall be provided to protect the floor from such
damage.
15.4.2

Similarly the labour colony and the office of the Contractor shall
be kept clean and neat to the entire satisfaction of the
Engineer/ Consultant. Proper sanitary arrangements shall be
provided by the Contractor, in the work areas, office and labour
colony of the Contractor.

16.0

LINES AND GRADES


All the Works shall be performed to the lines, grades and
elevations indicated on the drawings. The Contractor shall be
responsible to locate and lay-out the Works. Basic horizontal
and vertical control points will be established and marked by
the Engineer/ Consultant at Site at suitable points. These points
shall be used as datum for the Works under the Contract. The
Contractor shall inform the Engineer/ Consultant well in
advance of the times and places at which he wishes to do work
in the area allotted to him, so that suitable datum points may
be established and checked by the Engineer/ Consultant to
enable the Contractor to proceed with his works. Any work
done without being properly located may be removed and/or
dismantled by the Engineer/ Consultant at Contractor's
expense.

17.0

FIRE PROTECTION

17.1

The work procedures that are to be used during the erection


shall be those, which minimise fire hazards to the extent
practicable. Combustible materials, combustible waste and
rubbish shall be collected and removed from the Site at least
once each day. Fuels, oils and volatile or flammable materials
shall be stored away from the construction and equipment and
materials storage areas in safe containers. Untreated canvas

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of

paper, plastic or other flammable flexible materials shall not at


all be used at Site for any other purpose unless otherwise
specified. If any such materials are received with the
equipment at the Site, the same shall be removed and replaced
by the Contractor with acceptable materials before moving into
the erection areas or storage.
17.2

Similarly corrugated paper, fabricated cartons etc. will not be


permitted in the erection area either for storage or for handling
of materials. All such materials used shall be of waterproof and
flame resistant type. All the other materials such as working
drawings, plans, etc. which are combustible but are essential
for the Works to be executed shall be protected against
combustion resulting from Welding sparks, cutting flames and
other similar fire sources.

17.3

All the Contractor's supervisory personnel and sufficient


number of workers shall be trained for fire-fighting and shall be
assigned specific fire protection duties. Enough of such trained
personnel must be available at the Site during the entire period
of the Contract.

17.4

The Contractor shall provide enough fire protection equipment


of the required types and numbers for the storage, office,
temporary structures, labour colony area etc. Access to such
fire protection equipment, shall be easy and kept open at all
times.

18.0

SECURITY
The Contractor shall have total responsibility for all equipment
and materials in his custody stored, loose, semi- assembled
and/or erected by him at Site. The Contractor shall make
suitable security arrangements including employment of
security personnel to ensure the protection of all materials,
equipment and Works from theft, fire, pilferage and any other
damages and loss. All materials of the Contractor shall enter
and leave the project site only with the written permission of
the Engineer/ Consultant in the prescribed manner.

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19.0

VOLUME - I of III
PAGE No. 13

of

CONTRACTOR'S AREA LIMITS


The Contractor shall work within the areas allotted to him and
shall not trespass into areas used by other Contractors and
agencies. The Contractor shall be responsible to ensure that
none of his personnel trespass in others' areas. In case of such
a need for the Contractor's personnel to work out of the areas
allotted to him, the same shall be done only with the written
permission of the Engineer/ Consultant.

20.0

CONTRACTOR'S COOPERATION WITH THE OWNER


In cases where the performance of the erection work by the
Contractor affects the operation of the system facilities of the
Owner, such erection work of the Contractor shall be scheduled
to be performed only in the manner stipulated by the Engineer/
Consultant and the same shall be acceptable at all times to the
Contractor. The Engineer/ Consultant may impose such
restrictions on the facilities provided to the Contractor such as
electricity, water etc. as he may think fit in the interest of the
Owner and the Contractor shall strictly adhere to such
restrictions and cooperate with the Engineer/ Consultant. It will
be the responsibility of the Contractor to provide all necessary
temporary instrumentation and other measuring devices
required during start-up and operation of the equipment
systems, which are erected by him. The Contractor shall also
be responsible for flushing and initial filling of all the oil and
lubricants required for the equipment supplied and erected by
him, so as to make such equipment ready for operation. The
Contractor shall be responsible for supplying such flushing oil
and other lubricants.

21.0

MATERIAL HANDLING AND STORAGE

21.1

All the equipment supplied under the contract and arriving at


site shall be promptly received, unloaded and transported and
stored in the storage spaces by the Contractor.

21.2

Contractor shall be responsible for examining all the shipment


and notify the Engineer/ Consultant immediately of any

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damage, shortage, discrepancy etc. for the purpose of


Engineer/ Consultant's information only. The Contractor shall
submit to the Engineer/ Consultant every week a report
detailing all the receipts during the week.
However, the
Contractor shall be solely responsible for any shortages or
damage in handling and/or in storage and erection of the
equipment at the site. Any demurrage, wharfage and other
such charges claimed by the transporters, railways etc. shall be
to the account of the Contractor.
21.3

The Contractor shall maintain an accurate and exhaustive


record-detailing out the list of all equipment received by him for
the purpose of erection and keep such record open for the
inspection of the Engineer/ Consultant at any time.

21.4

All equipment shall be handled very carefully to prevent any


damage or loss. No bare wire ropes, slings, etc. shall be used
for unloading and/or handling of the equipment without the
specific written permission of the Engineer/ Consultant. The
equipment stored shall be properly protected to prevent
damage either to the equipment or to the floor where they are
stored. The equipment from the store shall be moved to the
actual location at the appropriate time so as to avoid damage of
such equipment at site.

21.5

All electrical panels, control gears, motors and such other


devices shall be properly dried by heating before they are
installed and energised.
Motor bearings, slip rings,
commutators and other exposed parts shall be protected
against moisture ingress and corrosion during storage and
periodically inspected. Heavy rotating parts in assembled
conditions shall be periodically rotated to prevent corrosion due
to prolonged storage.

21.6

All the electrical equipment such as motors, generators, etc.


shall be tested for insulation resistance at least once in three
months from the date of receipt till the date of commissioning
and a record of such measured insulation values shall be
maintained by the Contractor. Such records shall be open for
inspection by the Engineer/ Consultant.

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21.7

The Contractor shall ensure that all the packing materials and
protection devices used for various equipment during transit
and storage are removed before the equipment are installed.

21.8

The consumables and other supplies likely to deteriorate due to


storage shall be thoroughly protected and stored in a suitable
manner to prevent damage or deterioration in quality by
storage.

21.9

All the materials stored in the open or dusty location must be


covered with suitable weather proof and flameproof covering
materials wherever applicable.

21.10

If the materials belonging to the Contractor are stored in areas


other than those earmarked for him, the Engineer/ Consultant
will have the right to get these moved to the area earmarked
for the Contractor at the Contractor's risk and cost.

21.11

The Contractor shall be responsible for making suitable indoor


storage facilities to store all equipment, which require indoor
storage. Normally, all the electrical equipment such as motors,
control gear, generators, exciters and consumables like
electrodes, lubricants etc. shall be stored in the closed storage
space. The Engineer/ Consultant, in addition, may direct the
Contractor to move certain other materials, which in his opinion
will require indoor storage, to indoor storage areas, which the
Contractor shall strictly comply with.

22.0

CONSTRUCTION MANAGEMENT

22.1

The field activities of the Contractor will be coordinated by the


Engineer/ Consultant and the Engineer/ Consultant's decision
shall be final in resolving any disputes or conflicts between the
Contractor and the other Contractors of the Owner regarding
scheduling and co-ordination of work. Such decision by the
Engineer/ Consultant shall not be a cause for extra
compensation or extension of time for the Contractor.

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22.2

The Engineer/ Consultant shall hold weekly meetings of all the


Contractors working at Site, at a time and a place to be
designated by the Engineer/ Consultant. The Contractor shall
attend such meetings and take notes of discussions during the
meeting and the decisions of the Engineer/ Consultant and shall
strictly adhere to those decisions in performing his Works. In
addition to the above weekly meetings, the Engineer/
Consultant may call for other meetings either with individual
Contractors and in such a case the Contractor, if called, will
also attend such meetings.

22.3

Time is the important factor of the Contract and the Contractor


shall be responsible for performance of the Works in
accordance with the specified construction schedule. If at any
time, the Contractor is falling behind the schedule, he shall take
necessary action to make good for such delays by increasing
his work force or by working overtime or otherwise accelerate
the progress of the work to comply with the schedule and shall
communicate such actions in writing to the Engineer/
Consultant,
satisfying
the
Engineer/
Consultant
that
Contractor's action will compensate for the delay. The
Contractor shall not be allowed any extra compensation for
such action.

23.0

FIELD OFFICE RECORDS


The Contractor shall maintain at his Site Office up-to-date
copies of all drawings, specifications and other Contract
Documents and any other supplementary data complete with
all latest revisions thereto. The Contractor shall also maintain in
addition the continuous record of all changes to the above
Contract Documents, drawings, specifications, supplementary
data etc. effected at the field and on completion of his total
assignment under the Contract shall incorporate all such
changes on the drawings and other Engineering data to indicate
as installed condition of the equipment supplied and erected
under the Contract. Such drawings and Engineering data shall
be submitted to the Engineer/ Consultant in required number of
copies.

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24.0

CONTRACTOR'S MATERIALS BROUGHT ON TO SITE

24.1

The Contractor shall bring to Site all equipment, components,


parts, materials, including erection equipment, tools and
tackles for the purpose of the Works under intimation to the
Engineer/ Consultant. All such goods shall, from the time of
their being brought to site vest in the Owner, but may be used
for the purpose of the Works only and shall not on any account
be removed or taken away by the Contractor without the
written permission of the Engineer/ Consultant. The Contractor
shall nevertheless be solely liable and responsible for any loss
or destruction thereof and damage thereto.

24.2

The Owner shall have a lien on such goods for any sum or
sums, which may at any time be due or owing to him by the
Contractor, under, in respect of or by reasons of the Contract.
After giving a fifteen (15) days' notice in writing of his intention
to do so, the Owner shall be at liberty to seal and dispose of
any such goods, in such manner as he shall think fit including
public auction or private treaty and to apply the proceeds in or
towards the satisfaction of such sum or sums due as aforesaid.

24.3

After the completion of the Works, the Contractor shall remove


from the Site under the direction of the Engineer/ Consultant
the materials such as erection equipment, erection tools and
tackles, scaffolding etc. with the written permission of the
Engineer/ Consultant. If the Contractor fails to remove such
materials, within fifteen (15) days of issue of a notice by the
Engineer/ Consultant to do so then the Engineer/ Consultant
shall have the liberty to dispose of such materials as detailed
under Clause-24.2 above and credit the proceeds thereto to the
account of the Contractor.

25.0

PROTECTION
LIABILITY

25.1

The Contractor shall be responsible for any damage resulting


from his operations. He shall also be responsible for protection
of all persons including members of public and employees of
the Owner and the employees of other Contractors and

OF

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PROPERTY

AND

CONTRACTOR'S

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of

sub-Contractors and all public and private property including


structures, building, other plants and equipment and utilities
either above or below the ground.
25.2

The Contractor will ensure provisions of necessary safety


equipment such as barriers, sign-boards, warning lights and
alarms, etc. to provide adequate protection to persons and
property. The Contractor shall be responsible to give
reasonable notice to the Engineer/ Consultant and the Owners
of public or private property and utilities when such property
and utilities are likely to get damaged or injured during the
performance of his Works and shall make all necessary
arrangements with such Owners, related to removal and/or
replacement or protection of such property and utilities.

26.0

INSURANCE

26.1

In addition to the conditions covered under the Clause titled


Insurance in Section GCC, the following provisions will also
apply to the portion of the Works to be done beyond the
Contractor's own or his sub-Contractor's manufacturing works.

26.2

Workmen's Compensation Insurance


This insurance shall protect the Contractor against all claims
applicable under the Workmen's Compensation Act, 1948
(Government of India). This policy shall also cover the
Contractor against claims for injury, disability, disease or death
of his or his Sub-Contractor's employees, which for any reason
are not covered under the Workmen's Compensation Act, 1948.
The liability shall not be less than:
Workmen's Compensation. As per statutory provisions
Employee's liability.

26.3

As per statutory provisions

Comprehensive Automobile Insurance


This insurance shall be in such a form to protect the Contractor
against all claims for injuries, disability, disease and death to

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members of public including the Owner's men and damage to


the property arising from the use of motor vehicles during on or
off the Site operations, irrespective of the ownership of such
vehicles.
26.4

Comprehensive General Liability Insurance

26.4.1

This insurance shall protect the Contractor against all claims


arising from injuries, disabilities, disease or death of members
of public or damage to property of others, due to any act or
omission on the part of the Contractor, his agents, his
employees, his representatives and sub-Contractors or from
riots, strikes and civil commotion. This insurance shall also
cover all the liabilities of the Contractor arising out of the
Clause titled "Defence of Suits" under Section GCC.

26.4.2

The hazards to be covered will pertain to all the Works which


and areas where the Contractor, his sub-Contractors, his
agents and his employees have to perform pursuant to the
Contract.

26.5

The above are only illustrative list of insurance covers normally


required and it will be the responsibility of the Contractor to
maintain all necessary insurance coverage to the extent both in
time and amount to take care of all his liabilities either direct or
indirect, in pursuance of the Contract.

27.0

UNFAVOURABLE WORKING CONDITIONS


The Contractor shall confine all his field operations to those
works which can be performed without subjecting the
equipment and materials to adverse effects, during inclement
weather conditions, like monsoons, storms etc. and during
other unfavourable construction conditions. No field activities
shall be performed by the Contractor under conditions which
might adversely affect the quality and efficiency thereof, unless
special precautions or measures are taken by the Contractor in
a proper and satisfactory manner in the performance of such
Works and with the concurrence of the Engineer/ Consultant.
Such unfavourable construction conditions will in no way relieve

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the Contractor of his responsibility to perform the Works as per


the schedule.
28.0

PROTECTION OF REFERENCE POINTS


The Contractor shall ensure that the bench marks, reference
points, etc. which are marked out either with the help of the
Engineer/ Consultant or by the Engineer/ Consultant shall not
be disturbed in any way during the performance of his Works.
If any work is to be performed which disturb such references,
the same shall be done only after these are transferred to other
suitable locations under the direction of the Engineer/
Consultant. The Contractor shall provide all necessary materials
and assistance for such relocation of reference points etc.

29.0

WORK AND SAFETY REGULATIONS

29.1

The Contractor shall ensure proper safety of all the workmen,


materials, plant and equipments belonging to him or to the
Owner or to others, working at or near the site. The Contractor
shall also be responsible for provision of all safety notices and
safety equipment required both by the relevant legislations and
by the Engineer/ Consultant, as the Engineer/ Consultant may
deem necessary.

29.2

The Contractor will notify well in advance to the Engineer/


Consultant of Contractor's intention to bring to the Site any
Container filled with liquid or gaseous fuel or explosive or
petroleum substance or such chemicals which may involve
hazards. The Engineer/ Consultant shall have the right to
prescribe the conditions, under which such container is to be
stored, handled and used during the performance of the Works
and the Contractor shall strictly adhere to and comply with such
instructions. The Engineer/ Consultant shall have the right at
his sole discretion to inspect any such container or such
construction plant/equipment for which material in the
container is required to be used and if in his opinion, its use is
not safe, he may forbid its use. No claim due to such
prohibition shall be entertained by the Owner. The Owner will
not entertain any claim of the Contractor towards additional

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safety provisions/ conditions to be provided for/constructed as


per Engineer/ Consultant 's instructions.
Further any such decision of Engineer/ Consultant shall not, in
any way, absolve the Contractor of his responsibilities, and in
case, use of such container or entry thereof into the site is
forbidden by the Engineer/ Consultant, the Contractor shall use
alternative methods with the approval of the Engineer/
Consultant without any extension of work schedule.
29.3

Where it is necessary to provide and/or store petroleum


products or petroleum mixtures and explosives, the Contractor
shall be responsible for carrying out such provision and for
storage in accordance with the rules and regulations laid down
in Petroleum Act 1934, Explosives Act 1948 and Petroleum and
Carbide of Calcium Manual Published by the Chief Inspector of
Explosives of India. In case, any approvals are necessary from
the Chief Inspector (Explosives) or any statutory authorities,
the Contractor shall be responsible for obtaining the same.

29.4

All equipment used in construction and erection by Contractor


shall meet Indian/International Standards and where such
standards do not exist, the Contractor shall ensure these to be
absolutely safe. All equipment shall be strictly operated and
maintained
by
the
Contractor
in
accordance
with
manufacturer's operation manual and safety instructions and as
per Guidelines/Rules of the Owner in this regard.

29.5

Periodical Examinations and all tests for all lifting/ hoisting


equipments and tackles shall be carried out in accordance with
the relevant provisions of Factories Act 1948, Indian Electricity
Act 1910 and associated Laws/Rules in force from time to time.
A register of such examinations and tests shall be properly
maintained by the Contractor and will be promptly produced as
and when desired by the Engineer/ Consultant or by the person
authorised by the Engineer/ Consultant.

29.6

The Contractor shall be fully responsible for the safe storage of


his and his Sub-contractors' radioactive sources in accordance
with BARC/DAE Rules and other applicable provisions. All

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precautionary measures stipulated by BARC/DAE in connection


with use, storage and handling of such materials will be taken
by the Contractor.
29.7

The Contractor shall provide suitable safety equipment/gears of


prescribed standard to all employees and workmen according to
the need, as may be directed by the Engineer/ Consultant who
will also have right to examine these safety equipment/gears to
determine their suitability, reliability, acceptability and
adoptability.

29.8

Where explosives are to be used, the same shall be used under


the direct control and supervision of an expert, experienced,
qualified and competent person strictly in accordance with the
Codes/Practices/ Rules framed under Indian Explosives Act
pertaining to handling, storage and use of the explosives.

29.9

The Contractor shall provide safe working conditions to all


workmen and employees at the Site including safe means of
access, railings, stairs, ladders, scaffolding etc. The scaffolding
shall be erected under the control and supervision of an
experienced and competent person. For erection, good and
standard quality of material only shall be used by the
Contractor.

29.10

The Contractor shall not interfere or disturb electric fuses,


wiring and other electrical equipment belonging to the Owner or
other Contractors under any circumstances, whatsoever, unless
expressly permitted in writing by the Engineer/ Consultant to
handle such fuses, wiring or electrical equipment.

29.11

Before the Contractor connects any electrical appliances to any


plug or socket belonging to the other Contractors or Owner, he
shall:

29.11.1

Satisfy the Engineer/ Consultant that the appliance is in good


working condition;

29.11.2

Inform the Engineer/ Consultant of the maximum current


rating, voltage and phases of the appliances;

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29.11.3

Obtain permission of the Engineer/ Consultant detailing the


sockets to which the appliances may be connected.

29.12

The Engineer/ Consultant will not grant permission to connect


until he is satisfied that:

29.12.1

The appliance is in good condition and is fitted with a suitable


plug.

29.12.2

The appliance is fitted with a suitable cable having two earth


conductors, one of which shall be an earthed metal sheath
surrounding the cores.

29.13

No electric cable in use by the Contractor/Owner will be


disturbed without prior permission.
No weight of any
description will be imposed on any cable and no ladle or similar
equipment will rest against or attached to it.

29.14

No repair work shall be carried out on any live equipment. The


equipment must be declared safe by the Owner/ Consultant
and a permit to work shall be issued by the Owner/ Consultant
before any repair work is carried out by the Contractor. While
working on electric lines/equipment whether alive or dead,
suitable type and sufficient quantity of tools will have to be
provided by the Contractor to his electricians/workmen/
officers.

29.15

The Contractor shall employ necessary number of qualified full


time Electricians/Electrical Supervisors to maintain his
temporary electrical installations.

29.16

The Contractor employing more than 250 workmen whether


temporary, casual, probationer, regular or permanent or on
contract, shall employ at least one full time officer exclusively
as safety officer to supervise safety aspects of the equipment
and workmen who will co-ordinate with the Project Safety
Officer. In case of work being carried out through
sub-Contractor, the sub-Contractor's employees/ workmen for
above purpose. The name and address of such Safety Officer of

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the Contractor will be promptly informed in writing to the


Engineer/ Consultant with a copy to Project Safety officer
before he starts work or immediately after any change of the
incumbent is made during the currency of the Contract.
29.17

In case any accident occurs during the construction/ erection or


other associated activities undertaken by the Contractor
thereby causing any minor or major or fatal injury to his
employees due to any reason, whatsoever, it shall be the
responsibility of the Contractor to promptly inform the same to
the Engineer/ Consultant in prescribed form and also to all the
authorities envisaged under the applicable laws.

29.18

The Engineer/ Consultant shall have the right at his sole


discretion to stop the work, if in his opinion the work is being
carried out in such a way that it may cause accidents and
endanger the safety of the persons and/or property, and/or
equipment. In such cases, the Contractor shall be informed in
writing about the nature of hazards and possible injury/
accident and he shall comply to remove shortcomings
promptly. The Contractor after stopping the specific work, can,
if felt necessary, appeal against the order of stoppage of work
to the Owner within 3 days of such stoppage of work and
decision of the Owner in this respect shall be conclusive and
binding on the Contractor.

29.19

The Contractor shall not be entitled for any damage/


compensation for stoppage of work due to safety reasons as
provided in para 29.18 above and the period of such stoppage
of work will not be taken as an extension of time for completion
of work and will not be the ground for waiver of levy of
liquidated damages.

29.20

The Contractor shall follow and comply with all NMDC Safety
Rules and relevant provisions of applicable laws pertaining to
the safety of workmen, employees, plant and equipment as
may be prescribed from time to time without any demur,
protest or contest or reservation. In case of any inconformity
between statutory requirement and NMDC Safety Rules

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29

referred above, the latter shall be binding on the Contractor


unless the statutory provisions are more stringent.
29.21

If the Contractor fails in providing safe working environment as


per NMDC Safety Rules or continues the work even after being
instructed to stop work by the Engineer/ Consultant as provided
in para 29.18 above, the Contractor shall promptly pay to
NMDC on demand compensation at the rate of Rs.5,000/- per
day or part thereof till the instructions are complied with and so
certified by the Engineer/ Consultant. However, in case of
accident taking place-causing injury to any individual, the
provisions contained in para 29.22 shall also apply in addition
to compensation mentioned in this para.

29.22

If the Contractor does not take all safety precautions and/or


fails to comply with the Safety Rules as prescribed by NMDC or
under the applicable laws for the safety of the plant &
equipment and for the safety of personnel and the Contractor
does not prevent hazardous conditions which may cause injury
to his own employees or employees of other Contractors, or to
NMDC employees or any other person who are at site or
adjacent thereto, the Contractor shall be responsible for
payment of compensation to NMDC as per the following
schedule:

a.
b.

Fatal injury or causing


death

Rs.1,00,000.00
per person

Accident, these are


applicable for death.

Major injuries or accident


causing 25% or more
permanent disablement
to workmen or
employees

Rs.20,000/- per
person

Injury to any person


whatsoever

Permanent disablement shall have same meaning as indicated


in Workmen's Compensation Act. The compensation mentioned
above shall be in addition to the compensation payable to the
workmen/ employees under the relevant provisions of the
Workmen's Compensation Act and Rules framed there under or
any other applicable laws as applicable from time to time. In
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case the Owner is made to pay such Compensation then the


Contractor is liable to reimburse the Owner such amount in
addition to the compensation indicated above.
29.23

If the Contractor observes all the Safety Rules and Codes,


Statutory Laws and Rules during the currency of Contract and
no accident occurs then NMDC may consider the performance
of the Contractor and award suitable "ACCIDENT FREE SAFETY
MERITORIOUS AWARD" as per scheme as may be announced
separately from time to time.0

30.0

CODE REQUIREMENTS
The erection requirements and procedures to be followed
during the installation of the equipment shall be in accordance
with the relevant Indian Boiler Regulations. ASME codes and
accepted good engineering practice, the Engineer's Drawings
and other applicable Indian recognised codes and the laws and
regulations of the Government of India.

31.0

FOUNDATION CHECKING, DRESSING & GROUTING

31.1

The foundation levels including the locations and levels of


equipment foundation bolts and pockets and other embedment
shall be checked by the Contractor and he shall satisfy himself
about the correctness of foundations etc. in advance of
commencement of actual erection work. In case any
discrepancy is noted, he shall immediately report the same to
the Engineer/ Consultant in writing. Any delay arising out of
non- compliance by the Contractor of the above requirements
shall be to the Contractor's account.

31.2

The concrete foundation surfaces shall be prepared by the


Contractor by chipping and dressing as required to bring such
foundations to the required levels and to provide the necessary
roughness for bondage and to assure enough bearing strength.
All latent and surface film shall be removed and cleaned.

31.3

Unless otherwise specified, all the equipment bases and


foundation bolt holes shall be grouted by the Contractor with

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non-shrink grout in accordance with the method specified by


the manufacturer of non-shrink grouting material. Non-shrink
grouting material shall be as approved by the Engineer/
Consultant. All grouting materials shall be supplied by the
Contractor.
31.4

Placing of Grout

31.4.1

After the base has been prepared, its alignment and level has
been checked and before actually placing the grout a low dam
shall be set around the base at a distance that will permit
pouring and manipulation of the grout. The height of such dam
shall be at least 25 mm above the bottom of the base. Suitable
size and number of chains shall be introduced under the base
before placing the grout, so that such chains can be moved
back and forth to push the grout into every part of the space
under the base.

31.4.2

The grout shall be poured either through grout holes if provided


or shall be poured at one side or at two adjacent sides giving it
a pressure head to make the grout move in a solid mass under
the base and out in the opposite side. Pouring shall be
continued until the entire space below the base including
foundation bolt holes are thoroughly filled and the grout stands
at least 25 mm higher all around than the bottom of the base
plate. Enough care shall be taken to avoid any air or water
pockets beneath the bases.

31.5

Finishing the Edges of the Grout


The poured grout shall be allowed to stand undisturbed until it
is well set. Immediately thereafter, the dam shall be removed
and grout, which extends beyond the edges of the equipment
base plates, shall be cut off flush and removed. The edges of
the grout shall then be pointed and finished with 1:2 cement
mortar pressed firmly to bond with body of the grout and
smoothed with a tool to present a smooth vertical surface. The
work shall be done in a clean and workmanlike manner and the
adjacent floor spaces, exposed edges of the foundations and

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

29

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ECC

VOLUME - I of III
PAGE No. 28

of

equipment base plates shall be thoroughly cleaned of any


spillage of the grout.
31.6

After the grout is set, it shall be kept moist with wet sacks for
at least seven days.

31.7

Checking of Equipment after Grouting


After the grout is set and cured, the Contractor shall check and
verify the alignment of equipment, alignment of shafts of
rotating machinery, the slopes of all bearing pedestals, centring
of rotors with respect to their sealing bores, couplings, etc. as
applicable and the like items to ensure that no displacement
had taken place during grouting. The values recorded prior to
grouting shall be used during such post grouting check-up and
verifications. Such pre and post grout records of alignment
details shall be maintained by the Contractor in a manner
acceptable to the Engineer/ Consultant.

32.0

SHAFT ALIGNMENTS
All the shafts of rotating equipment shall be properly aligned to
those of the matching equipment. The equipment shall be free
from vibration so as to avoid over-heating of bearings. All
bearings, shafts and other rotating parts shall be thoroughly
cleaned and suitably lubricated before starting.

33.0

DOWELLING
All the motors and other equipment shall be suitably dowelled
after alignment of shafts with tapered machined dowels.

34.0

CHECK OUT OF CONTROL SYSTEMS


After completion of wiring, cabling furnished under separate
specifications and laid and terminated by the Owner, the
Contractor shall check out the operation of all control systems
for the equipment supplied and erected under the Contract.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

29

NMDC LIMITED

MECON
LIMITED

KUMARASWAMY IRON ORE PROJECT


PACKAGE NO. VI
CHAPTER - ECC

35.0

VOLUME - I of III
PAGE No. 29

of

COMMISSIONING SPARES
The Contractor shall make arrangements for an adequate
inventory at Site of necessary commissioning spares prior to
commissioning of the equipments supplied and erected so that
any damage or loss during the commissioning activities until
successful completion of commissioning test necessitating the
requirements of spares will not come in the way of timely
completion of the Works under the Contract.

MEC/01/Q6DH/NMDC-KIOP/PKG. VI/TD
2011, MECON LIMITED, All rights reserved

29

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