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Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2

- General

Special Conditions of Contract (SCC Part-II)

TECHNICAL PACKAGE-Volume-1
SPECIAL CONDITIONS OF CONTRACT- (SCC) - PART-II : SECTION-7
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Contents
Errors, Omissions And Discrepancies In Specifications And Drawings Errors,
Responsibility For Specifications, Design And Drawings
Provision Of Efficient And Competent Staff
Coordination With Other Contractors
Lighting And Fire Prevention
Damage To Utilities
Supply of Materials Tools, Plant And Equipment By The Employer
Access Roads, Haul Roads And Transportation Of Materials
Use And Care Of Site
Housing Facilities
Labour Camp Regulations
Safety And Security Measures
Duties, Taxes, Octroi, Royalty Etc
Supply Of Water And Electric Power
Accuracy Of Lines, Levels And Grades
Testing Of Materials
Penalty For Non-Compliance
Construction Programme And Project Monitoring
Right Of Way
Completion Period
Variation In Quantities Of Items Covered By Bill Of Quantities
Price Variation
Deductions To Be Made From Contractors Bill
Maintenance Period
Rules And Regulations
Sufficiency Of Rates
Notices And Instructions
Reference Points And Bench Marks
Sales Tax Clearance Certificate
Changes In Cost Due To Legislation
Inter Communication Facilities
Land For Construction
Ecological Balance
Resources Report
Day Work
Method Of Measurements And Payment
Contractors Office
Cash Flow Estimate
Environment Protection
Stage Payment
Construction Equipment
Arrangement Of Traffic During Construction
Obtaining Clearences/Certificates From Authorities
Name Board
Structural Elements, Shape And Form
Provisional Sums
Construction under running traffic conditions
Construction under running traffic conditions

Bangalore Metro Rail Corporation Ltd.,


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March-2016

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Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

SPECIAL CONDITIONS OF CONTRACT-GENERAL PART II


1.0

ERRORS, OMISSIONS AND DISCREPANCIES IN SPECIFICATIONS AND DRAWINGS

1.1

It shall be the responsibility of the Contractor to promptly bring to the notice of Engineer any
error, omission fault, defects or discrepancy in the contract documents, specifications and
drawings for the work which are discovered while reviewing the contract documents or in the
process of execution of the works and obtain his orders thereon. In case any feature of the work
is not fully described and set forth in the drawings and specifications, the Contractor shall
forthwith apply to the Engineer for further instructions, drawings or specifications.

1.2

Only stated dimensions are to be taken and not those obtained from scaling drawings.

1.3

In case of errors, omissions, faults, defects and/or disagreement on the drawings or between
the drawings and specifications the following principles shall be followed.

1.4

As between the written description or written dimensions on the drawing and the corresponding
one in the specifications, the former shall apply.

1.5

As between the written description of the item in Bill of Quantities and the detailed description in
the specification of the same item, the former shall prevail.

1.6

The drawings on a large scale shall take precedence over those on a smaller scale; and

1.7

Drawings approved as construction drawings from time to time shall supersede corresponding
drawings previously approved.

1.8

Meaning and intent of specifications and Drawings.


If any ambiguity arises as to the meaning and intent of any portion of the specifications and
drawing or as to execution or quality of any work or material, or as to the measurement of the
works, the decision of the Engineer thereon shall be final subject to the appeal (within 7 days of
such decision being intimated to the Contractor) to Engineer/Employer who shall have the
power to correct any errors, omissions, or discrepancies in the specifications, drawings,
classifications of works or materials and whose decision in the matter in dispute or doubt shall
be final and conclusive.

2.0

RESPONSIBILITY FOR SPECIFICATIONS, DESIGN AND DRAWINGS

2.1

Specifications
One copy of Technical specifications shall be supplied to the Contractor. MORTH / CPWD,
NHSR specification / other Specifications / Codes viz. IS, IRS, IRC, DSR etc. shall be procured
by the Contractor from the market. One set of these specifications shall always be kept at
contractors site office for reference

2.2

Drawings for Permanent Works

2.2.1

Preliminary Drawings as listed showing general dimensions & details elaborating the scope of
work (not based on detailed design) are supplied along with the tender documents. These
drawings are broadly indicative of the work to be carried out. These drawings are not
Construction Drawings and details indicated therein are for general guidance only and shall be
modified by the Engineer, to incorporate additional details as per design, and as described in the
Specifications and the Bill of Quantities. Construction drawings shall be supplied progressively
depending on the progress of work by the contractor during execution of work well in time for

Bangalore Metro Rail Corporation Ltd.,


Page 2 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

2.2.2
2.2.3

Special Conditions of Contract (SCC Part-II)

each activity. The contractor cannot claim as a matter of right that all GFCD (Good For
Construction Drawings) shall be given soon after award of contract. GFCD/Advance copies
required for the next three months work shall ordinarily be given by the Employer for his
planning, procuring etc. The GFCD will be released as and when it is required without any delay
to the successful Tenderer after the issue of Letter of Acceptance.
No claim whatsoever shall be admissible on account of any changes that may be introduced by
the Engineer.
The "Good for Construction" drawings which shall be issued to the Contractor by the Engineer
after the award of work shall delineate the extent of work to be done by the Contractor.
No deviation shall be made from these drawings without a written authorization from the
Engineer.

2.3

Design, Drawings and Specifications for Temporary/ Ancillary works.

2.3.1

Contractors proposal for erection of all Ancillary and Temporary works shall be in conformity with
the proposals submitted along with the tender and / or as approved by Engineer.

2.3.2

The contractor would design all the Ancillary and Temporary works including truss, temporary
supports, false work, formwork, staging scheme etc. and will submit the same and related
working drawings to the Engineer for approval. After check by an independent third party
designer. Bar Cutting and bending schedule for the reinforcement, shop drawings for fabrication
work, detailed drawings for anchorage and temporary supports for pre stressing cables etc.
shall also be prepared by the Contractor and submitted for Engineer's approval.
Shop drawings
(a)
Based on "Good for Construction" drawings issued by the Engineer the Contractor shall
prepare shop/fabrication drawings to scale as specified, indicating the required details.
The shop drawings shall be prepared before execution of work, after taking actual site
dimensions and all existing and proposed services/structures etc
(b)
Shop drawings submitted by the Contractor shall be in sufficient detail to indicate the type,
size, arrangement, breakdown for packing and shipment, the external connections, fixing
arrangements required, the dimensions required for installation and interconnections with
other equipment and materials, clearances and spaces required between various portions
and any other information specifically called for.
(c)
All reference points shall be in relation to the levels and locations, given in the
Architectural and Services drawings duly cross-checked on site and confirmed. All
locations and levels should be indicated with respect to grid and reduced levels with
respect to the Bench Mark adopted for the Project and indicated in the drawings issued by
the Engineer.
(d)
The Contractor shall verify the dimensions of all the necessary structural, architectural,
Mechanical, Electrical & Plumbing (MEP) Services and other elements, relevant to the
system being done, before proceeding with the preparation of the shop drawings and
proceeding with the physical work at site and make suitable adjustments to accommodate
within the spaces available.

2.3.3

2.3.4

Approval of Engineer of any such proposal / drawings shall not relieve the contractor of his
responsibility of sufficiency of such works.

2.3.5

Drawing Management
a) The Contractor shall submit all such drawings for Temporary / Ancillary works and shop
drawings to the Engineer well in advance before he desires to commence the works and
get the same approved from the Engineer. These drawings should be submitted only after
they have been duly detailed, checked and verified within the Contractor's organization
ensuring that the details and data shown/furnished on the drawings are correct and that
the requirements of other disciplines have been taken care of. The names and complete
signatures of the Contractor's personnel responsible for the drawings shall be contained on

Bangalore Metro Rail Corporation Ltd.,


Page 3 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

each drawing. Any drawing which does not contain the above names and signatures shall
be summarily returned to the Contractor and treated as not having been submitted.
b)

The drawings submitted for approval shall be in any one of the standard sizes - AO, Al, A2,
A3 or A4, in accordance with Indian standards.

c)

All drawings shall show the following particulars in the lower right hand corner in addition to
the Contractor's name.

Project Title

Name of the Employer

Name of Consultant

Contract No.

Title of Drawing.

Scale

Date of Drawing.

Contractor's Drawing Number.

Space for the Engineers drawing number.

Name of the Engineer.

Name of Review Consultant.

This drawing is based on Drawing No. (s).

Further detail is given on Drawing No. (s).

d)

Each drawing shall carry a revision number, date of revision and brief details of revisions
carried out. Whenever any revision is carried out, the revision number must be updated.
The revisions carried out on the drawing shall be clearly marked by clouding and each
cloud revision numbered by marking the revision number in triangle. The clouding shall be
done on the backside of the tracing by pencil.

e)

All dimensions on drawings shall be metric units, unless otherwise specified. However, all
levels shall be in meters.

f)

All shop drawings shall be prepared on CAD using AUTO-CAD Version 2008 or higher.
Shop drawings shall be prepared for the following works:

Reinforcing bar bending schedules

Working drawings for placing of reinforcement

All form works, Shuttering and Scaffoldings

Shop drawings for structural steel

Shop drawings for Truss including support arrangement

Metal work (ferrous and non-ferrous) for railings, balustrades, grilles gratings,
screens, inserts, structural work in built up sections etc.

Seismic joints

Expansion joints

Construction joints

Waterproofing

All MEP services

Any proprietary system

g)
i.

Drawing Management at Site


The Contractor shall ensure that all drawings meant for further engineering,
fabrication, erection and field work are issued to his personnel in a controlled manner a proper record shall be maintained to show to whom the drawing is issued and to
ensure that the latest revisions of the drawing is being followed for further work. All
superseded drawings shall be promptly withdrawn from the personnel to whom they

Bangalore Metro Rail Corporation Ltd.,


Page 4 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

are issued and stamped "SUPERSEDED" in RED. The Contractor shall maintain a
register of drawings, with their revision/issue number, as received from the Engineer
and a record of their distribution to the designated personnel within their organization.
ii.

The Contractor shall maintain at Site a set of the drawings issued by the Engineer on
which changes shall be progressively marked and initialled by the Engineer so that
"As-Built" drawings can be made correctly and expeditiously at the end of their Work
at Site.

2.3.6

Revision of Approved Drawings for Temporary/ Ancillary and Shop Drawings:


If, at
any time before the completion of the Work, changes are made necessitating revision of
approved Shop drawings/ drawings for Temporary/ Ancillary works, the Contractor shall make
such revisions and proceed in the same manner and observe procedure for obtaining
approval of the Engineer as for the approval of the original drawings.

2.3.7

Documents by Contractor: The contractor shall submit to the Engineer, for approval, Quality
Assurance plans, design calculations, material specifications for each item and system,
samples, as may be called for in the Specifications or as the Engineer may reasonably require.
Wherever necessary the Contractor shall provide as built dimensions to facilitate proper Good
for Construction drawings being prepared for various construction detailing.

2.3.8

Number of Copies of Drawings for Temporary/ Ancillary works/ Shop drawings and
Documents: All Shop drawings / drawings for Temporary and Ancillary works, Documents,
Schedules etc. and revisions thereof shall be submitted by the Contractor to the Engineer in 6
copies. Copies required in excess of' these shall be borne by the Contractor at his own cost.

2.4

Completion Drawings.
On completion of the work in all respects the contractor shall submit the following:
Two sets of As Built Drawings in the standard sizes (in accordance with Para 2.3.5(b)
above) each containing complete set of drawings for every component of work on
approved scale indicating the work "As Built". Each set shall also contain technical
literature.
These drawings shall be prepared on CAD using Auto-Cad version (latest/as directed by
Engineer) and shall be recorded on writable CDs and one set of these CDs shall also be
submitted.
Four sets of catalogues of all manufactured materials with the name and addresses of the
manufacturers for all equipments provided by him.
The Contractor shall also submit one original "As Built" drawings on polyester film or as
directed by Engineer of quality as approved by Engineer/ Engineers Representative.
The Certificate of Completion of Works as per the provisions in the General Conditions of
Contract shall not be issued by the Engineer in the event of Contractor's failure to furnish
aforesaid "As Built" drawings for the entire works.

2.5

Plans and Drawings for Layout of Plant and Equipment


The Contractor shall submit the following information, in triplicate, to the Engineer, for approval,
within the time stipulated against each item given below:
(a)
(b)
(c)

A general layout plan for construction plant and equipment required for execution of work,
within thirty days from the date of issue of Letter of Acceptance.
drawings or prints showing the locations of major facilities which he proposes to put up at
site, at least fourteen days prior to the commencement of the respective work; and
any other details and drawings as required under the contract, within the time as specified
in the contract.

Bangalore Metro Rail Corporation Ltd.,


Page 5 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

2.6

Cost of all the above activities shall be deemed to be included in the quoted rates of various items of
the Bill of Quantities and nothing extra shall be paid for on this account

3.0

PROVISION OF KEY PERSONNEL:


The Contractor shall employ the key personnel as per tender submittals in Form 15. No changes
are permitted as a routine. The contract is liable to be terminated in case the key personnel as
mentioned in the tender submittals are not employed for the work. However, during execution, in
case of any emergent situation if the any key personnel is to be changed, it is to be approved by
the employer. The Employer will approve the proposed replacement, only if his qualifications,
abilities and relevant experience are equal to or better than the key personnel as submitted in
tender submittals. Any such change will attract a penalty of Rs. 2,00,000 per change.

4.0
4.1

COORDINATION WITH OTHER CONTRACTORS


Agencies other than the Contractor for this package shall also simultaneously execute works
other than those covered under this Contract in connection with the Project. The Contractor shall
plan and execute his work in coordination with all such other agencies and allow full access to
them to places of work.
During course of the Works the Contractor shall extend his facilities to other agencies (without
any charges) working on the same Project and shall enable incorporation of their works into his
work. He shall provide levels, grid alignments, thickness of finishing items, clearances etc. as
may be required by the Engineer, to enable other contractors to coordinate their work to the
design and pattern of civil works/finishes. The Contractor shall bring to the notice of the
Engineer, works to be carried out by others, which would hold up the execution of his work well
in advance.
LIGHTING AND FIRE PREVENTION:
Where ever night working is carried out by Contractor, temporary lighting arrangements as per
approved layout shall be provided, installed, maintained for the duration of the contract and
removed after completion of work by and at the expense of the Contractor.

4.2

5.0
5.1

5.2

Flashing lights to warn the traffic on roads shall be used at all times on all obstructions.

5.3

Contractor shall provide and maintain adequate firefighting equipment and take adequate fire
precautions for the safety of all personnel, plant, and material including temporary and
permanent works and shall take action to prevent damage to or destruction by fire of trees,
shrubs and grasses.

5.3.1

No extra payment will be made for the provision of temporary lighting, flashing lights and fire
prevention measures and entire cost of all such work shall be deemed to have been included in
the costs of items of Bill of Quantities.

6.0

DAMAGE TO UTILITIES
The contractor shall be responsible for any theft, damage and / or protection of all the existing
utilities within the site of work during currency of the Contract. In case of any theft/ damage
occurring to these utilities while working or otherwise, the contractor shall immediately inform
the Engineers representative as well the utility owning agency and restore the same
immediately to the entire satisfaction of the utility owning agency. Any damage due to working /
negligence / fault of the Contractor (decision of Engineer in this regard shall be final and
binding), the same shall be repaired / made good by the Contractor at his own cost. Any
damage/ compensation / penalty etc. if charged by the utility owning agency in this regard shall
also be payable by the Contractor and no claim in this regard shall be entertained by the
Employer. Contractor shall always keep indemnified the Engineer / Employer against this.

7.0

SUPPLY OF MATERIALS TOOLS, PLANT AND EQUIPMENT BY THE EMPLOYER

Bangalore Metro Rail Corporation Ltd.,


Page 6 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

7.1.1

No material, tools, plant and equipment shall be supplied by the Employer. The Contractor has
to arrange all tools, plant, equipment as well as construction materials including cement and
steel required for the work.

7.1.2

The Contractor shall have to identify sources for supply of all such construction materials
including quarries, borrow areas etc. and get them approved by the Engineer and also get
necessary "No Objection" certificate from respective Govt. Departments before the supply
starts. The Contractor shall submit the samples to the Engineer and shall arrange for supply
only after the sample is approved. Nothing extra shall be payable to the Contractor on this
account. List of approved makes / manufacturers / suppliers has been given in the Technical
specifications. Items included in this list have to be of the approved makes/ manufacturers /
suppliers.

8.0

ACCESS ROADS, HAUL ROADS AND TRANSPORTATION OF MATERIALS

8.1

Existing roads and other public roads may be used by the Contractor to carry out construction
activities, with prior approval of the competent authority. The Contractor shall pay the statutory
vehicle license and permit fees for use of public roads.
The Contractors heavy construction traffic or tracked equipment shall not travel on any public
road or bridge, unless the Contractor has made arrangements with/ permission from the
authority concerned and has obtained the approval of the Engineer to such arrangements.
The Contractor shall repair any damage to the road and/ or bridge or bear the cost thereof due
to movement of contractors plants and equipment, vehicles etc. to the specifications and
satisfaction of road/ bridge owning authorities as well as of Engineer.
The Contractor shall also construct and maintain at his own cost all suitable temporary haul
roads at the work site as may be found necessary by him for execution of works. For
construction of haul roads including those required for transport of construction materials and
plant and installation of plant and equipment, the Contractor shall make his own arrangements
for land required by him The Employer will extend necessary help by way of recommending the
Contractors application, if required, for such purposes. The locations of all such haul roads and
any subsequent modifications thereto shall be got approved by the Engineer.
The Contractor shall plan transportation of construction materials to work site in accordance with
traffic regulations enforced by local traffic authorities from time to time and in such a way that
congestion on the roads and road accidents are avoided. The Contractor should study this
aspect thoroughly before quoting for the work. No claim whatsoever shall be entertained on this
account. They may note that transportation / shifting of materials/segments/girders and
launching girder / truss may not be possible during day and may have to be carried out within
time schedule specified by traffic police and / or Engineer.

8.2
8.3
8.4

8.5

8.6

No extra payment will be made for construction and maintenance of temporary haul roads
including any special protection or strengthening required and all cost of such works shall be
deemed to have been included in the costs of items in Bill of Quantities.
After construction of foundation and filling back with due compaction, the surrounding area shall
be restored back to the existing condition.

9.0

USE AND CARE OF SITE

9.1

The Contractor shall not demolish, remove or alter structures or other facilities on the site
without prior approval of the Engineer.
All garbage shall be removed from site daily or as they accumulate and disposed off. Garbage
disposal sites shall be identified / arranged by the contractor at his own cost in consultation with
city civic agency. All existing surface and sub-soil drains within the site shall be maintained in a
clean, sound and satisfactory state of performance. Any damage done to these drains shall be
made good by the contractor at his own cost. Also if any additional temporary drains are required
to drain off the site, the same shall also be constructed and maintained by the contractor at his
own cost and nothing extra shall be paid on this account.

9.2

Bangalore Metro Rail Corporation Ltd.,


Page 7 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

9.3.

The excavated cut spoil soil/rocks, any released material shall be the property of the Employer,
which shall be disposed off from the site as per the instructions of the Engineer. Provided, further
in case of reuse of released material/cut spoil becomes necessary, payment to the Contractor
shall be regulated as per BOQ and conditions of Contract. However for released material/cut
spoil not for the use on the work, shall be disposed up to all lifts and leads to the contractors
dumping yard at his own cost.

10.0

HOUSING FACILITIES:
The Contractor shall have to make his own arrangements for
housing facilities for his staff and labour. No land or other facilities shall be provided by the
employer.

11.0

LABOUR CAMP REGULATIONS

11.1

No labour camps will be allowed at the site. Contractor will have to make his own arrangement
for the same. On completion of work the contractor shall clear away all temporary structures and
other related installations at labour camp site and restore the land to its original condition to the
satisfaction of the Engineer within 45 days of the physical completion of work failing which the
same shall be got cleared by the Employer through other agency at the expense of Contractor
The Employer and/or Engineer shall not be held liable for any loss or damage to Contractors
property at labour camp site due to such removal there from.
Removal may be effected by means of public sale of such material, plant and property or in such
a manner as may be deemed fit and proper by the Engineer. All expenses on such removal /
clearance shall be debitable to the Contractor as loans due from Contractor to Employer and the
Engineer shall be the Competent Authority to recover the same from Contractors on-account or
final bills or from performance security amount or from any other amount payable to the
Contractor.

11.2

12.0

SAFETY AND SECURITY MEASURES

12.1

The Contractor shall be responsible for security of works for the duration of the contract and
shall provide and maintain round the clock adequate security personnel to fulfill these
obligations. The requirements of security measures shall include, but not be limited to,
maintenance of Law and order at site, provision of all lighting, guard, watch & ward, flagmen and
all other measures necessary for protection of works, work site, within the colonies, camps and
elsewhere at site, all materials delivered to the site and all persons employed in connection with
the works continuously throughout working and non-working periods including nights, Sundays
and holidays, for the duration of the Contract. However, at work sites in close proximity of traffic
corridors where public and traffic are likely to come close to the work area, suitable barricading
as directed by Engineer shall be provided and maintained day and night during currency of the
contract.
The contractor shall have full regard for the safety of works (till it is handed over to the
Employer), adjoining properties and all persons on/ or in the vicinity of the site (including without
limiting to the persons to whom the access has been allowed by the contractor), existing utilities
etc. and comply with all the relevant safety regulations as appropriate or as directed by
Engineer.
He shall be responsible for accidents, injury, damage to properties, loss of life / time etc.
whatsoever may be the cause in connection with or as a result of execution of the work until they
are taken over by the Employer even though all reasonable and proper precautions may have
taken by him. Such cost, loss or damage or compensation (including that payable under the
provisions of Workmens Compensation Act or any statutory amendment thereof) to any person
or persons including third party sustaining damage as omission on part of the contractor is to be
borne by the contractor and he shall keep the Employer / Engineer indemnified against the
same.
Security arrangements for the works and work site shall be held responsible for the action or
inaction on the part of his staff, employees and the staff and employees of his sub contractors.

12.2

12.3

Bangalore Metro Rail Corporation Ltd.,


Page 8 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

12.3

Separate payment for provision of security & safety measures will not be made and deemed to
be included in the quoted rates.

13.0

DUTIES, TAXES, OCTROI, ROYALTY ETC.

13.1

The rates quoted by the Tenderer, shall be deemed to be inclusive of all duties, taxes, octroi,
royalties, cess, other levies and rentals etc., where payable on all materials, required to be
purchased for the satisfactory performance of this contract.
The contractor shall maintain the documents relating to the payment of royalty for sand and
submit the receipts/records as and when demanded in writing by the Engineer for verification.
Otherwise the necessary deductions will be done by Employer.
The Contractor shall ensure full compliance with tax laws of India with regard to this contract and
shall be solely responsible for the same. He shall submit copies of acknowledgements
evidencing filing of returns every year and shall keep the Employer fully indemnified against
liability of tax, interest, penalty etc, of the Contractors in respect thereof, which may arise.
Post award, Benefits of concessions / waiver of taxes and duties as per procedure advised by
BMRCL, shall be passed on to BMRCL.

13.2

14.0

SUPPLY OF WATER AND ELECTRIC POWER:


The Contractor shall have to make his
own arrangements for Water supply and Electric Power necessary for the Works as well as for
housing facilities for his staff and labour.

15.0

ACCURACY OF LINES, LEVELS AND GRADES:


The various works shall be done true to
line, level and grade. Periodical checking of these by Engineers staff shall not absolve the
Contractor of his responsibility regarding their accuracy. Wherever such discrepancy is found to
arise at the junction of works of different contractors, the relative liability to set right their
respective discrepancy shall be fixed by the Engineer, whose decision shall be final and binding
on the Contractors concerned. The Engineer shall further have the authority, where necessary,
to rectify discrepancies and recover costs from the Contractor in such proportions, as he may
consider reasonable.

16.0

TESTING OF MATERIALS

16.1

Materials shall be tested in Contractors laboratory or at any other place directed and / or
approved by the Engineer and results furnished by such authorities shall be considered as final.
Contractor will inform the Engineer / Engineers Representative about the date, time and venue
of such testing well in advance. Engineers representative shall, however, be given access to all
operations and tests that may be carried out as aforesaid so that he may satisfy himself
regarding the procedure and method adopted. It shall be the Contractors responsibility to
arrange for the work, materials and finished items, to the required standard as determined by
laboratory tests.

16.2

The Contractor shall ensure that one of Engineers representatives remains present at the time
of taking samples and shall authenticate facts, if required.

17.0 PENALTY FOR NON-COMPLIANCE:


Notwithstanding the provisions elsewhere in the tender
documents, the Contractor shall be penalized as detailed below:

17.1

Correction of Defects:
Notwithstanding the provisions elsewhere in the tender documents, the Contractor shall be
penalised as detailed below If the Engineer determines that any item or part of it was
constructed with bad workmanship and / or using sub-standard construction materials,

Bangalore Metro Rail Corporation Ltd.,


Page 9 of 19

March-2016

Tender No: BMRCL/Phase-1/R3B/ Subway/2016/2


- General

Special Conditions of Contract (SCC Part-II)

Sl. No.

Nature of Defects

Penalty (Rs.)

1.

Not achieving the finished road levels as per


drawings within tolerance limits/Not maintaining
plumb, line level in concrete works/observing honey
combs on the finished surface of concrete.

1,00,000/- each case

Usage of unapproved /sub-standard materials

2,00,000/- each case

2.

17.3

The above said penalty is envisaged to act as deterrent against bad workmanship and usage of
sub-standard construction materials by the Contractor.
Non Compliance of Environmental and Safety requirements
In the event of non-compliance of any of the Environmental and / or Safety requirements as
tender documents, the Contractor will be penalised @ Rs. 10,000/- for every non-compliance
The said penalties are non-refundable and shall be imposed for every occurrence

18.0

CONSTRUCTION PROGRAMME AND PROJECT MONITORING

18.1

The contractor shall propose and submit his detailed construction program for each Reach
separately and as per the procedure detailed in Form of Tender and Scope of work. The target
period to complete the intermediate milestones (Key Dates) for each reach from the date of
issue of Letter of Acceptance and penalty for delay in achieving the same shall be as stipulated
in Instruction to Tenderer and in Form of Tender. Contractor may be asked to schedule and
complete the work block wise / area wise in a phased manner fixing priorities to different
stretches of the work to give access to other interfacing contracts as mentioned in the Tender
documents.
The tentative construction program shall be submitted within the period as specified in the
Tender document for approval of the Engineer as Baseline Program. The base line program
shall clearly reflect interface and access dates for other civil/ system-wide contracts. The basis
of the time schedule for each activity such as productivity of man and machines and time cycle
of each activity and resource planning shall be submitted along with the base line program.
After the work has started, the Contractor shall deliver in the first week of every month to the
Engineer an update of the Construction Program showing changes, if any, in planning or
progress scheduling and reflecting the progress of all the activities of the network and the
project status as at the end of previous month.
If the Contractor falls behind the approved Construction Program by more than one month, he
shall, within fourteen days of the date of such information, submit for approval, a revision of the
construction program showing the proposed measures, including augmentation of plant, labour
and material resources to complete the works on time.
Whenever the Contractor proposes to change the construction program he shall immediately
advise the Engineer in writing and, if the Engineer considers the change a major one, the
Contractor shall submit a revised program for approval.
Detailed Network Plan (Works Program)
Detailed Network Plan shall be prepared by the Contractor for each and every activity within the
same time frame and in the same sequence. Activity at this level shall not be more than 15 days
duration, except for summary items like procurement/ mobilization etc.
The Contractor shall select a PC-based broad planning and control software (Primavera,
M.S.Project etc...) The two networks shall be implemented on works as detailed in the Scope of
work. The Contractor shall supply one original licensed copy of the software selected including
manuals and any subsequent versions thereof at no extra cost along with the Baseline program
network and detailed network plan and load it on the PC system of the Engineer so that uniform
monitoring of the project is done and any slippages are identified well in time and corrective
action taken. The contractor shall also arrange suitable training of the personnel of Engineer on
the selected software, if required, at no extra cost.

17.2

18.2

18.2.1

18.2.2

18.2.3
18.2.4

18.7

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18.8

The following reports, in agreed formats and frequency, shall be submitted by the Contractor at
his own cost:
(a)
(b)
(c)
(d)

18.9
18.10
18.11
18.12

19.0
20.0

Special Conditions of Contract (SCC Part-II)

Progress Reports
Material Status Reports
Equipment and Manpower Development Reports
Any other Report desired by the Employer or the Engineer

The Engineers monitoring team will have access to all the data/information of the Contractor,
required for the assessment of the progress and monitoring. If necessary, the monitoring team
will visit the Vendor/Contractors works in order to assess the status of critical activities.
Periodic Project Status Review Meetings will be held by the Employer or the Engineer. The
Contractor shall depute his Engineers/Managers at appropriate level as decided by the Engineer
to attend the Review Meetings.
Progress photographs of the major events shall be submitted by the Contractor along with the
Progress Reports. Video Recording of the progress of works shall be maintained from beginning
till completion of work as directed by the Engineer.
The Contractor shall provide additional inputs whenever the PERT-CPM/ network diagram
(Primavera/M.S. Projects) indicates a possible slippage in the completion schedule. Such
additional inputs may require supplementing of equipment, personnel, work in excess of the
normal work per day, and work in excess of the normal work per week or other resources.
Provisions in the relevant Clause of General Conditions of Contract will be applicable in cases
of delays due to Contractor.
RIGHT OF WAY:
Right of way
Contractor progressively.

to the work site will be provided to the successful

COMPLETION PERIOD: The whole of the Works comprised in the Contract shall be completed
within the period as specified in Appendix of Form of Tender.

21.0 VARIATION IN QUANTITIES OF ITEMS COVERED BY BILL OF QUANTITIES.


Refer Clause 26 of SCC- part-1 to this effect.
22.0

PRICE VARIATION ON ITEMS NOT IN THE BILL OF QUANTITIES: NOT APPLICABLE

23.0

DEDUCTIONS TO BE MADE FROM CONTRACTORS BILL

23.1

Calculations for interest and deductions towards recovery of advances and interest thereon shall
be made from Contractors bills as provided hereunder:
The following shall be calculated on the first day of every month separately:
(a)
Simple interest at the rate specified in the SCC-Part-1.
(b)
Amounts of mobilization advance, acceleration advance, advances for plant and
machinery required for work and brought to site and advance on construction material,
outstanding on the last day of the preceding month;
(c)
Amounts of interest remaining to be recovered on the last day of the preceding month.

23.1.1

23.1.2
23.1.3

23.1.4

Recovery on account of advances and interest thereon shall be made in each bill including bills
for price adjustment until the full amount of advance and interest thereon are recovered.
Amount due for recovery on account of hire charges of Employers Machinery and other facilities
(if provided) as also for other services and electricity charges and expenditure, if any, incurred by
the Employer on Contractors behalf on labour, materials and equipment which may become due
from the Contractor as per terms of this contract as well as under any other prevailing laws will
be recovered from the payments to the Contractor as and when due.
Deduction towards Income Tax, Sales Tax on Works Contract and any other tax will be made at
source from each on-account progress bill by the Employer as may be directed by Income-Tax

Bangalore Metro Rail Corporation Ltd.,


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Special Conditions of Contract (SCC Part-II)

Department, Sales Tax Department or as provided in the Income Tax Act, Karnataka Sales Tax
on Works Contract or other relevant Act, Rules and Circulars and directions issued there under.
24.0
25.0
25.1
25.2

MAINTENANCE PERIOD:
Maintenance period shall be as mentioned in Appendix of Form
of Tender
RULES AND REGULATIONS
The Tenderers are advised to familiarize themselves with rules, regulations and bye laws
applicable to them, Ignorance of rules, regulations and bye laws shall not constitute a basis for
any claim at any stage of work.
The Contractor shall warrant that all actions taken by him in the execution of the Contract shall
conform to all applicable City, State and Central Laws, Ordinances and Regulations. The
Contractor shall defend and keep Employer harmless / indemnified from loss, cost of damage
by reason of any actual or alleged violation of any statutory requirements.

26.0

SUFFICIENCY OF RATES

26.1
26.2

The Tenderer shall be entirely responsible for sufficiency of rates quoted by him in his tender.
The Contractor (successful Tenderer) shall be paid for only at quoted/accepted rates for finished
works as per approved construction drawings. Where such agreed/accepted rates are not
available, the contractor shall be paid at rates to be decided in accordance with Clause 27.2 of
SCC Part -I

27.0

NOTICES AND INSTRUCTIONS

27.1

The Contractor shall furnish to the Employer/Engineer the postal address of his site office. Any
notice or instructions to be given to the Contractor under the terms of the contract shall be
deemed to have been served on him if it has been delivered to his authorized agent or
representative at site or if it has been sent by registered post to the site office, or to the address
of the firm last furnished by the Contractor.

28.0

REFERENCE POINTS AND BENCH MARKS

28.1

28.2

The contractor shall survey and fix the alignment, mark pier locations, maintaining vertical &
horizontal clearances keeping in view important site references and obligatory locations in
consultation with Engineer. GTS bench mark, temporary bench marks, three control points on all
straights & other details including co-ordinates for the pier locations shall be handed over by the
Engineer. All dimensions and levels shown in the drawings or mentioned in the tender
documents forming part or issued under the contract shall be verified by the Contractor on site
and he shall immediately inform Engineer of any error or discrepancies in such dimensions or
levels. However no claim or extra payment on this account shall be entertained
The Contractor shall establish at his cost, at suitable points, additional reference lines and bench
marks as may be necessary. The Contractor shall remain responsible for the sufficiency and
accuracy of all his benchmarks and reference lines. He shall take precautions to see that lines,
points and bench marks fixed by the Engineer are not disturbed by his work and shall make
good any damage thereto at his own cost.

29.0

SALES TAX CLEARANCE CERTIFICATE

29.1

If the Contractor is a Sales Tax assessed, he should produce a valid Sales Tax Clearance
Certificate before payment of final bill; otherwise, final payment to the Contractor will be
withheld.
If the Contractor is not liable to Sales Tax assessment, a certificate to this effect from a
competent Sales Tax authority shall be produced before payment of final bill. Otherwise final
payment to the Contractor will be withheld.

29.2

30.0

CHANGES IN COST DUE TO LEGISLATION

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30.1

Refer SCC Part-I sub Clause 19.2 to this effect.

31.0

INTER COMMUNICATION FACILITIES

Special Conditions of Contract (SCC Part-II)

Telephone and fax services are available at Bangalore. Should the Contractor wish to use Radio
communication on the site, the Employer will recommend to the appropriate authority the
application for allocation of radio frequencies to the Contractor.
32.0

LAND FOR CONSTRUCTION

32.1

The Employer will acquire and provide land for permanent works and right of way (within
BMRCL land) for access thereto over routes established by the Employer. The land will be
handed over in a gradual manner (progressively) depending on the progress of the work by the
contractor. Accordingly, the contractor to deploy the resources. No claim towards idling of
resources shall be entertained except the extension of time for completion period depending
upon merits of the case. The land acquisition is in progress.
Employer may also consider providing the land for temporary works to the extent available with
the Employer and as indicated in the Tender Drawings. However, in case of non-availability of
the same, the Contractor shall have no claim of any sort in this regard.
Any additional land and / or right of way to the land, desired by the Contractor, for construction
of his site office, labour camps, yards, sheds, stores etc. or for any other purpose shall be
arranged by the Contractor without any expense to the Employer.
In case any structure or obstacle comes in the alignment, the contractor will make his own
arrangements for the demolition/removal of the same at no extra cost.
Demolition of structures in the acquired land shall be done through another agency and land
will be handed over in a gradual manner. No claim towards idling of resources shall be
entertained except the extension of time for completion period depending upon merits of the
case. Contractor has to co ordinate with such agencies during the execution of work.

32.2
32.3
32.4
32.5

33.0

ECOLOGICAL BALANCE

33.1

The Contractor shall maintain ecological balance by preventing deforestation, water pollution
and defacing of natural landscape. The Contractor shall, so conduct his construction operations,
as to prevent any avoidable destruction, scarring or defacing of natural surroundings in the
vicinity of work. In respect of ecological balance, the Contractor shall observe the following
instructions.
(a)

(b)

Where destruction, scarring, damage or defacing may occur as a result of contractors


operations relating to Permanent or Temporary works, the same shall be repaired,
replanted or otherwise corrected at Contractors expense. All work areas shall be
smoothened and graded in a manner to conform to natural appearance of the landscape
as directed by the Engineer.
All trees and shrubbery, which are not specifically required to be cleared or removed for
construction purposes, shall be preserved and shall be protected from any damage that
may be caused by Contractors construction operations and equipment. The removal of
trees or shrubs will be permitted only after prior approval by the Engineer and Forest
Department.. Special care shall be exercised where trees or shrubs are exposed to
injuries by construction equipment, blasting, excavating, dumping, chemical damage or
other operation and the Contractor shall adequately protect such trees by use of
protective barriers or other methods approved by the Engineer. Trees shall not be used for
anchorage. The Contractor shall be responsible for injuries to trees and shrubs caused by
his operations. The term injury shall include, without limitation, bruising, scarring, tearing
and breaking of roots, trunks or branches. All injured trees and shrubs shall be restored as
nearly as practicable, without delay, to their original condition at Contractors expense.

Bangalore Metro Rail Corporation Ltd.,


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(c)
(d)

Special Conditions of Contract (SCC Part-II)

In the conduct of construction activities and operation of equipment, the Contractor shall
utilize such practicable methods and devices as are available to control, prevent and
otherwise minimize air/noise/water pollution.
Excessive emission of dust into the atmosphere will not be permitted during manufacture,
handling and storage of concrete aggregates / fly ash / earth/building materials and during
construction activities and the Contractor shall use such methods and equipment as are
necessary for collection and disposal or prevention of dust during these operations. The
Contractors method of storing and handling cement shall also include means of
eliminating atmospheric discharge of dust. Equipment and vehicles that give objectionable
emission of exhaust gases shall not be operated. Burning of materials resulting from
clearing of trees, bushes, combustible construction materials and rubbish may be
permitted only when atmospheric conditions for burning are considered favorable.

33.2

Separate payment shall not be made for complying with provisions of this clause and all cost
shall be deemed to have been included in the Quoted price.

34.0

RESOURCES REPORT:
The Contractor shall submit to the Engineer each month a
detailed list by trade classification, of manpower employed during the report period, stock
of all major construction materials as also a list of all serviceable major items of
construction plant and equipment on site including those which are proposed to be
mobilized during the next month.

35.0

DAY WORK

35.1

The Engineer may, if he considers it necessary or desirable, order in writing that any additional
or substituted work shall be executed on a day work basis.
In respect of all works executed on day work basis, the Contractor shall, during the continuance
of such work, deliver each day to the Engineer an exact list in duplicate of the name, occupation
and times of all workmen employed on such works and a statement, also in duplicate, showing
the description and quantity of all materials and plant used thereon or there for. One copy of
each list and statement, after verification, shall be signed by the Engineer and returned to the
Contractor.
At the end of each month the Contractor shall deliver to the Engineer a priced statement of
labour, material and plant, used and the Contractor shall not be entitled to any payment.

35.2

35.3
36.0

METHOD OF MEASUREMENTS AND PAYMENT

36.1

For the purpose of On-account payment, the contractor shall submit detailed measurements
recorded in Measurement sheets, Abstract sheets along with recorded bill for the item actually
executed including soft copy of the same for checking and payment. Payment will be effected
based on unit rates as approved in the Bill of Quantities subject to fulfillment of the other
conditions of the Contract. The method of measurements has been provided in the Scope of
work.
The contractor shall submit certified copies of vouchers showing quantity of cement and steel
brought at site for Engineers record. The Engineer may exclude any item certified in any
previous interim payments or reduce the proportion of any item previously certified in any of the
interim payments in light of any information provided at a later stage.

36.2

37.0

CONTRACTORS OFFICE
The Contractor shall establish field construction offices at convenient and approved locations for
co-ordination and for monitoring the progress of fieldwork.

38.0

CASH FLOW ESTIMATE:


The Contractor shall furnish to the Engineer the detailed cash
flow estimate in respect of the works within 30 days of receipt of letter of acceptance. This shall
be up-dated and submitted every three (3) months thereafter till the completion of the works.

Bangalore Metro Rail Corporation Ltd.,


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Special Conditions of Contract (SCC Part-II)

39.0

ENVIRONMENT PROTECTION

39.1

All works shall be carried out as per the requirements for Environmental Protection as detailed in
Attachment-3 in Scope of work. The Contractor shall indemnify and keep indemnified the
Engineer / Employer from and against any liability for damages/ compensation on account of the
Environmental issues (noise, water and air pollution) while carrying out or in carrying out the
work, and from and against all claims, demands, proceedings, damages, costs, charges, and
expenses, whatsoever, in regard or in relation to such liability.

40.0

STAGE PAYMENT
In item rate Contracts/percentage contracts for pre-engineered buildings/any other similar items,
Engineer may decide in case of apprehended delay (to be decided by the Engineer) in the
installation and commissioning of equipment/ components brought to site by the Contractor
including items like trusses, roofing, roofing sheets, structural steel, reinforcement steel, prestressing strands and other similar items of item rate contracts, for reasons beyond his control,
the Engineer, after recording the reasons, may release part payment to the Contractor. Such
payment is to be treated as stage payment i.e. payment for part of the BOQ item having been
completed by him. Necessary indemnity bond equal to the amount of payment released will be
taken from the Contractor to safeguard the interests of Employer.
Stage wise payment for fabricated items like trusses, roofing, roofing sheets and other similar
items shall be made against an indemnity bond duly executed in a form acceptable to the
employer. The stage payment shall be limited to 60% against supply of raw material at
site/fabrication yard, 30% against installation/erection and 10% on final completion of the actual
value of these materials/sub works as per BOQ. No interest shall be levied on such advances
given against materials. Contractor to obtain necessary insurance to cover fire, theft, arson, loss
and damages.
Necessary indemnity bond equal to the amount of payment released will be taken from the
Contractor to safeguard the interest of the Employer. Also while releasing such stage payment,
declaration from the contractor about his total responsibility for completing the work as per BOQ
will be taken and in case of any failure on the part of the contractor on this account, it will be
considered as the work being left incomplete by the Contractor and action as per the conditions
of the contract will be taken.

41.0

CONSTRUCTION EQUIPMENT
The contractor shall have to arrange all the construction plant required for execution, completion
or maintenance of the works within the Scope of Work. The following conditions regarding use of
equipment in works shall be satisfied:a) The Contractor shall be required to give a trial run of the equipment on works intended to
use, for establishing their capability to achieve the laid down / claimed specifications,
tolerances and production output to the entire satisfaction of Engineer before
commencement of work
b) All plant / equipment deployed on the work shall be of proven efficiency and shall be
operated and maintained at all times in a manner prescribed by the manufacturer and / or
acceptable to the Engineer
c) All plants / equipment to be deployed on the work shall carry designated authority certificate.
Where not specified, it shall have third party safety certificate for the safe working of the
equipment and shall be renewed after every 3 months. This certificate shall be produced to
the Engineer as and when required.
d) All the construction plant shall be provided with the experienced operators having valid
license issued by the competent authority.
e) Any material or equipment not meeting the approval of the Engineer shall be removed from
the site immediately

Bangalore Metro Rail Corporation Ltd.,


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f)
42.0
42.1

42.2

Special Conditions of Contract (SCC Part-II)

No equipment shall be removed from site without the permission of the Engineer.
ARRANGEMENT OF TRAFFIC DURING CONSTRUCTION

General
The Contractor shall take necessary and adequate measures to ensure uninterrupted traffic
flow within the work area during the currency of the work. It shall be the responsibility of the
Contractor to provide suitable and acceptable diversions for the passage of the traffic. Contractor
shall ensure that at no time, his construction equipment interrupts the movement of the traffic on
the road.
The Contractor shall prepare a comprehensive Traffic Management Plan. The contractor shall also
draw a phased program for traffic arrangements / diversions and get it approved from the
Engineer and Traffic Police well in advance with respect to every stage of construction
If traffic diversions require construction of temporary roads and / or improvement of the existing
roads, the design / drawings for the same including diversion of utilities etc (if required) shall be
prepared by the Contractor using the specifications not inferior to that of the existing roads /
utilities and get it approved from the Engineer/Employer and Traffic Police. Payment for the same
shall be made under relevant item of BOQ.
Before taking up the work in a particular stretch, all the traffic diversions plans applicable to that
particular area shall be implemented as per the approved plans / drawings and trial runs carried
out to the entire satisfaction of Engineer / Traffic Police. If during trial runs some modifications are
suggested, the same shall be also be carried out before start of work. Payment for the same shall
be made under relevant item of BOQ.
Traffic Safety and Control
The contractor shall take all necessary measures for safety of traffic during construction and
provide, erect and maintain such barricades (as approved by Engineer) having marking with
reflective paint, signs / sign boards, pavement markings, flags, lights, traffic marshals and flagmen
as may be required and / or directed by the Engineer for guiding, information and protection of the
traffic approaching or passing through the stretch. Red lanterns or flashing warning lights of
suitable type spaced suitable intervals mounted on barricades along the diversions shall be
provided and kept operational and maintained throughout from sunset to sunrise.

43.0

OBTAINING CLEARANCES/CERTIFICATES FROM AUTHORITIES


The contractor shall arrange stage wise as may be required, submission of all the required
documents and drawings for execution and installation of the works and their inspection and
obtain approval/completion certificates with respect to his work as required for use and connection
of the utilities and occupation of the building from the Statutory Authorities. The Contractor shall
obtain and deliver to the Engineer, on completion of the works, the final Inspection Report and
approval from the Authorities.

44.0

NAME BOARD
The Contractor shall not display any name board for the works without the written permission of
the Engineer.

45.0

STRUCTURAL ELEMENTS, SHAPE AND FORM


The tenderers to note the different structural elements in shape and form, and structural
configuration in plain. The structural elements may be skew, tapered, curved etc. The tenderer
shall include these factors while quoting his rates. All the above are to be covered in the quoted
rates and nothing extra shall be payable towards this.

46.0
47.0

DELETED
Approved Sub-contractors

Bangalore Metro Rail Corporation Ltd.,


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Special Conditions of Contract (SCC Part-II)

Approved Sub-contractors shall be appointed in accordance with the provisions in the Contract
and procedure described as hereunder:
(a) If the Engineer/Employer instructs, the letting of a sub-contract for an item of Provisional
Sums will be subject to pre-qualification of sub contractors. In such a case, the Contractor
shall prepare sub contract documents required including the pre-qualification documents
and criteria, (including, where appropriate, bills of quantities, quantified schedules of prices
or rates, specifications, drawings and other like documents) for the work, Plant, Materials or
services included in each such Provisional Sum. The Contractor will pre-qualify / shortlist the
agencies based on pre-qualification criteria for a particular type of work and get it approved
from Engineer/ Employer.
(b) The Contractor shall prepare invitations to tender (which shall in particular stipulate the
periods for completion of work or supply) and submit to the Engineer/Employer, for his
consideration, the sub-contract documentation together with a list of not less than three
proposed tenderers or, as the case may be, of proposed tenderers who have been
accepted by the Engineer/Employer as having met the pre-qualification criteria.

Bangalore Metro Rail Corporation Ltd.,


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Special Conditions of Contract (SCC Part-II)

(c) The Engineer/Employer shall in each case, within 14 days of receipt from the Contractor of
the sub-contract documentation, give written notice to the Contractor of his consent of either
the sub-contract documentation and the list of tenderers or his disapproval together with his
comments thereon. If the Engineer / Employer gives notice to the Contractor of his
disapproval, the Contractor shall forthwith amend the sub-contract documentation and/or list
of tenderers in the light of such comments and shall, within 14 days of receipt of those
comments re-submit the amended documentation and/or list of tenderers to the
Engineer/Employer for the latters consent. In the event of any further comment or
disapproval by the Engineer/Employer, the Contractor shall, in like manner, make any
necessary further submission.
(d) Upon receipt of the Engineer/Employer's consent to the sub-contract documentation and the
list of tenderers, the Contractor shall forthwith issue invitations to tender to the tenderers
named in such list.
(e) The Contractor shall ensure that all tenders are returned to the Contractor in sealed
envelopes and upon receipt of such tenders and without delay, the Contractor and the
Engineer/Employer shall together open the same and the Contractor shall, within 14 days of
opening the same, pass copies of the tenders received to the Engineer/Employer, together
with his recommendations for acceptance and the reasons for such recommendations.
(f) The Engineer/Employer shall, within 14 days of receipt of the Contractor's recommendations,
issue an instruction to the Contractor approving the Contractor's recommendation or
requiring the Contractor to accept another tender or to seek fresh tenders.
(g) Upon receipt of the Engineer/Employer's consent, the Contractor shall forthwith enter into a
sub-contract with such approved Sub-contractor upon the terms of such tender. The
Contractor shall not thereafter amend, vary or waive the terms and conditions of such subcontract without the consent in writing of the Engineer/Employer, nor employ any other
person in respect of the work, Materials or services covered by the relevant Provisional Sum.
The Contractor shall not under the sub-contract with the approved Sub-contractor, consent to
the commencement of arbitration proceedings prior to the completion or alleged completion
of the Works, or to the approved Sub-contractor entering into any sub-contracts without
having obtained the written consent thereto of the Engineer/Employer.
(h) Unless otherwise agreed by the Engineer/Employer in writing, the Contractor shall ensure
that, prior to entering into a sub-contract with any approved Sub-contractor, such approved
Sub-contractor shall have provided a warranty, under seal and conditional only upon the
Contractor entering into such sub-contract, in the format attached hereto with only such
amendments thereto as may have been previously approved by the Engineer/Employer in
writing.
(i) No consent or instruction by the Engineer/Employer in respect of any approved SubContractor shall in any way relieve the Contractor from any of his obligations or
responsibilities under this Contract and the Contractor shall be responsible for the acts,
defaults, omissions and neglects of any approved Sub-contractor, his representatives and
employees as fully as if they were the acts, defaults, omissions and neglects of the
Contractor, his representatives and employees.
(j) The Contractor shall keep proper and detailed accounts and records of all applications for
payment from and all payments to approved Sub-contractors and shall make the same
available for inspection by the Engineer/Employer at all times.

Bangalore Metro Rail Corporation Ltd.,


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Special Conditions of Contract (SCC Part-II)

(k) In the event that any sub-contract between any approved Sub-contractor and the Contractor
is determined or discharged or if the employment of any approved Sub-contractor is
determined in accordance with the provisions of the sub-contract, the Contractor shall,
subject to the prior express written consent of the Engineer/Employer, select another subcontractor to undertake or to complete the execution of work or the supply of Plant, and
Materials to a standard and quality equivalent to that which would have been provided by the
Approved Sub-contractor first employed.
The payment to be made by the
Engineer/Employer shall in all cases not exceed the amount which would have been paid or
is payable upon the proper completion of the sub-contract between the Contractor and the
approved Sub-contractor first employed. The Contractor shall not be entitled to make any
claim for any loss and/or expense incurred by him in excess of such amount or to any
extension of time arising out of or in connection therewith. It shall be the sole responsibility of
the Contractor to settle any dispute with the approved Sub-contractor and make payments
for claims, if any, to the approved Sub-contractor. There shall be no liability of the
Engineer/Employer's in this regard.
48.0
48.1

Construction under running traffic conditions


There could be locations where below the FOB, there is running traffic underneath which may
not be stopped / diverted and will continue to move uninterrupted during construction and post
-construction periods. Nothing extra will be paid for such eventualities.

Bangalore Metro Rail Corporation Ltd.,


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