BOQ - Gujarat Science City Painting... · BOQ Painting work for Thrill ride, Musical fountain,...

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BOQ Painting work for Thrill ride, Musical fountain, Energy park & Various 1 GUJARAT COUNCIL OF SCIENCE CITY (A Government of Gujarat Society) TECHNICAL BID Name of the Work :- Painting work for Thrill ride, Musical fountain, Energy park & Various toilet blocks at science city A'bad. Gujarat Council of Science City Village Hebatpur, Sola Santej Road, Nr. Science City Cross Road, Off Sarkhej Gandhinagar Highway, Ahmedabad -380060 Phone: 91-79-55222127, 28 Email: [email protected] Website: - www.scity.gujarat.gov.in

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Transcript of BOQ - Gujarat Science City Painting... · BOQ Painting work for Thrill ride, Musical fountain,...

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    Painting work for Thrill ride, Musical fountain, Energy park & Various toilet blocks at science city A'bad.

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    GUJARAT COUNCIL OF SCIENCE CITY (A Government of Gujarat Society)

    TECHNICAL BID

    Name of the Work :- Painting work for Thrill ride, Musical fountain, Energy park & Various toilet blocks at science city A'bad.

    city, Ahmedabad.

    Gujarat Council of Science City Village Hebatpur, Sola Santej Road,

    Nr. Science City Cross Road, Off Sarkhej Gandhinagar Highway, Ahmedabad -380060

    Phone: 91-79-55222127, 28 Email: [email protected] Website: - www.scity.gujarat.gov.in

    mailto:[email protected]

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    TENDER NOTICE

    Date:

    To,

    Dear Sirs,

    Re: Painting work for Thrill ride, Musical fountain, Energy park & Various toilet blocks at science city A'bad.

    .

    You are requested to submit your Tender as per details given below:

    1. Sealed Tenders, on item rate basis, in duplicate should be addressed to The Member Secretary, Gujarat Council of Science City, Ahmedabad

    2. You are not expected to include any conditions contrary to tender provisions. However, if it is necessary to include certain conditions, the same should be submitted in a separate sealed

    cover. To facilitate the processing of your offer, two separate sealed covers, one containing

    conditions or non-condition statement, along with Earnest Money Deposit, and the other

    containing the Priced Tender only, in the stipulated form, should be submitted. No conditions,

    etc., should be put in the second cover. The cover should be super scribed, indicating the

    contents. All letters, enclosures, tenders, should be submitted in duplicate. You should clearly

    indicate on each copy, whether it is the Original or Duplicate copy.

    3. The first Tender cover should be accompanied by an Earnest Money Deposit of Rs. 24,000.00 (Rupees twenty four Thousand only), by Demand Drafts issued by the Nationalized Bank

    only, in the name of The Member Secretary, Gujarat Council of Science City, Ahmedabad. A

    tender, which is not accompanied by such a Demand Draft of Earnest Money Deposit, will be

    rejected ab-initio. The Earnest Money Deposit of the unsuccessful tenderers will be returned

    as soon as possible but without any interest.

    4. Copies of Tender Forms can be had from the office of M/s Gujarat Council of Science City, Sola-Santej Road, Off Sarkhej-Gandhinagar Highway,

    Ahmedabad., from 24 /12/2016 to 30/12/2016, during office working hours, between 10.00

    a.m. to 5.00 p.m on payment of Rs. 500.00 (Non-refundable). Plans could be inspected in the

    office of The Member Secretary, Gujarat Council of Science City, Via Sola Under bridge,

    Sola Santej Road, Off Sarkhej Ahmedabad Highway, Ahmedabad.

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    5. The duration of submission of tenders, duly filled in (two sealed covers) is up to 5:00pm on 30/12/2016. The rates shall be filled in both in words and figures. No tender will be received

    after aforesaid date and time, under any circumstances whatsoever.

    6. The first cover containing the Technical Bid and Earnest Money Deposit will be opened at 12.30 p.m on 14/12/2016, in the office of The Executive Director, Gujarat Council of Science

    City, Via Sola Under bridge, Sola Santej Road, Off Sarkhej Ahmedabad Highway,

    Ahmedabad, in the presence of the Architects and authorized competent representative of the

    tenderer along with authorization letter, who can take decision on the spot in the matter. The

    time and date for opening of the Second Cover containing the Priced Tender will be advised

    after opening of first cover.

    a) Tenderer should submit the first cover, along with the Earnest Money Deposit. b) Second cover should contain only Priced Tender (Price bid). c) After opening the envelope containing conditions, if any, and Standardizing the

    Conditions, the Contractor will have to submit their offer in a separate sealed cover,

    which will be opened along with the Priced Tender submitted earlier.

    d) After opening the envelope containing the offer on the Standardized Conditions and opening of the Priced Tender, no correspondence / revised offer whatsoever, will be

    entertained.

    The Tenderer must check all the pages of the Tender Form at the time of collecting the Tender

    from this office, if any page is found missing, if should be immediately brought to the notice of

    the Architect, it may be noted that the Tender will be disqualified if any page is found missing

    after opening the Tender.

    7) The Member Secretary Gujarat Council of Science City, Ahmedabad, reserves the right to accept any or reject all the tenders or split the work to any other Contractor at the time of

    issuing work order or during the contract period, without assigning any reasons for doing so.

    8) This tender notice shall form part of Contract & bid documents.

    Yours faithfully,

    Executive Director,

    Gujarat Council of Science City,

    Ahmedabad.

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    (On the Letter head of Tenderer)

    TENDER FORM

    Date:

    To,

    The Executive Director

    Gujarat Council of Science City,

    Via Sola Under bridge,

    Sola Santej Road,

    Off Sarkhej Gandhinagar Highway,

    Ahmedabad

    Sub: Painting work for Thrill ride, Musical fountain, Energy park & Various toilet

    blocks at science city A'bad.

    Dear Sir,

    Having examined the drawings, specifications designs and schedule of quantities relating to the

    work specified in the memorandum hereinafter set out and having visited and examined the site

    of the works specified in the said memorandum and having acquired the requisite information

    relating thereto as affecting the tender. I/We hereby offer to execute the works specified in the

    said memorandum at the rates mentioned in the attached Schedule of Quantities and in

    accordance in all respects with the specifications, design, drawings and instructions in writing

    referred to in conditions of tender, the Articles of Agreement, Special Conditions, Schedule of

    Quantities and Conditions of Contract and with such materials as are provided for by, and in all

    other respects in accordance with such conditions so far as they may be applicable.

    Thanking You

    Yours faithfully

    For,___________________

    (Director/Partner/Authorized

    Signatory)

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    MEMORANDUM

    Description of work : Painting work for Thrill ride, Musical fountain, Energy park &

    Various toilet blocks at science city A'bad. via Sola Under bridge, Sola Santej

    Road, Off Sarkhej Ahmedabad Highway, Ahmedabad, for Science City Project

    Earnest Money: Rs. 24,000.00 to be converted into Retention Money in case of successful

    contractor.

    Percentage, if any to be deducted from: 10% of work done from every bill will be deducted till

    Bills and total amount to be retained : it reaches to the maximum of 5% of contract value or

    executed cost, whichever is higher.

    Time allowed for completion of the

    Works from Seventh day after the date

    Of written order to commence the work : 30 Days

    1) Should this tender be accepted, I / We hereby agree to abide by and fulfill the terms and provisions of the said Conditions of Contract annexed hereto so far as they may be applicable

    or in default thereof to forfeit and pay to the Gujarat Council of Science City, Ahmedabad,

    the amount mentioned in the said conditions.

    2) I / We have deposited a sum of Rs. 10,000.00( Rupees Ten Thousands Only) as Earnest Money with the Gujarat Council of Science City, Ahmedabad, which amount is not to bear

    any interest. Should I / We fail to execute the Contract when called upon to do so. I / we do

    hereby agree that this sum shall be forfeited by me/us to Gujarat Council of Science City,

    Ahmedabad.

    3) Our Bankers are: i)

    ii)

    The names of partners/Directors of our firm / Company are:

    i)

    ii)

    Name of the partner of the firm

    Authorized to sign

    Or

    Name of person having Power of

    Attorney to sign the Contract.

    (Certified true copy of the Power

    Of Attorney should be attached.

    Yours faithfully,

    Signature of Tenderer

    Signature and addresses of Witnesses

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    FORM OF ACCEPTANCE

    I/We hereby accept and offer to execute work for the Gujarat Council of Science City, the Work

    specified in the Notice Inviting tender and in the drawings, specifications and other Contract

    Documents forming part of the Agreement within the time specified and at the rate agreed to and

    entered therein and under the schedule annexed hereto and also in accordance with the

    specifications, design drawings and instructions in writing referred to in the Conditions of

    Contract and in any/all of the Contract Documents.

    Should this offer be accepted in whole or in part, I/we hereby agree to strictly abide by and fulfill

    all the terms and provisions of the said Conditions of Contract annexed hereto and undertake in

    the event of default, to pay to GCSC or its successors or assigns in office, a sum of money as

    mentioned in the Tender Documents.

    I/We agree to keep the tender open as mentioned in the tender from the due date of opening of the

    tenders thereof and shall not make any modifications in its terms and conditions.

    I/We hereby declare that I/we shall treat the Contract Documents drawings and other records

    connected with the Work as secret/confidential documents and shall not communicate nor use any

    information/derived there from in any manner prejudicial to the interests of the GCSC by way of

    or to aims and also undertake that such modifications/amendment/alteration shall not be

    construed by me/us as a counter offer made by GCSC.

    A sum of Rs.24, 000.00 ( Rupees Twenty fourThousands Only) is hereby forwarded in the shape

    of demand draft no. .. dated drawn in favor of Gujarat Council of

    Science City, Ahmedabad, as earnest money. I/We agree that the entire sum of earnest money

    will be forfeited without prejudice to any other right or remedies to the GCSC or its successor in

    office, in the event I / We

    1) Fail to sign the contract agreement after acceptance of the offer or 2) Fail to commence the Work within seven days of the issue of acceptance of my/our offer 3) Fails to comply with the altered/amended terms and conditions. 4) However, should I/We do not perform any/all of the acts (i) (ii) and (iii) mentioned

    hereinabove; the earnest money shall stand forfeited and be retained by GCSC.

    5) If the main contractor sublets entire project on back to back basis without taking consent

    of Owner

    I/We agree that should I/We fail to perform any/all of the acts (i) (ii) (iii) and (iv) mentioned

    hereinabove, an amount equal to the amount of the earnest money mentioned in the form of

    invitation of tender shall stand forfeited by GCSC and the same may at the option for the

    competent authority on behalf of GCSC be recovered without prejudice to any other right or

    remedy available in law out of the deposit in so far as the same may extend in terms of the said

    deposit and in the event of deficiency out of any other money due to me/us under the Contract

    Documents.

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    Dated the . day of : 2016

    Witness

    Contractor

    Signature Signature

    Name .. Name

    ..

    Address Address

    ..

    Occupation Telephone

    Fax

    ACCEPTANCE

    The above offer is hereby accepted by me on behalf of The Gujarat Council of Science City,

    Ahmedabad.

    Dated the day of . 2016

    The Executive Director

    Gujarat Council of Science City,

    Via Sola Under bridge,

    Sola Santej Road,

    Off Sarkhej Gandhinagar Highway,

    Ahmedabad-382006

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    ARTICLES OF AGREEMENT

    FOR

    Painting work for Thrill ride, Musical fountain, Energy park & Various toilet blocks at science city A'bad.

    THIS AGREEMENT made at this .

    BETWEEN

    . (hereinafter called Contractor which

    expression shall unless repugnant to the context or meaning thereof be deemed to include its

    successors and permitted assigns) of the One Part.

    OR

    . a partnership firm duly registered under the provisions

    of the Indian Partnership Act, 1932, and having its place of business at ,

    (hereinafter referred to as the Contractor which expression shall unless repugnant to the context

    or meaning thereof be deemed to include the partner(s) for the time being of the said firm

    survivor of them and the survivors or heirs, executors, administrators and permitted assignors of

    the Cost Survivor) of the One Part.

    OR

    _____________________, a Company incorporated under the Companies Act 1956 and having

    its registered office at ___________________________, (hereinafter referred to as the

    Contractor which expression shall unless repugnant to the context or meaning thereof be

    deemed to include its successors and permitted assigns) of the One Part.

    AND

    Gujarat Council of Science City (GCSC), a Society registered under the Societies Registration

    Act, 1860 and having its registered office at Science City, Via Sola Under bridge, Sola Santej

    Road, Off Sarkhej Ahmedabad Highway, Ahmedabad, Gujarat, India (hereinafter referred to as

    Employer or GCSC (which expression unless excluded by or repugnant to the context mean

    and include its successors-in-interest) of the other part.

    WHEREAS

    1. The Contractor has offered to execute the work of Proposed Construction for finishing

    works of E-library at Science City, Ahmedabad. for The Gujarat Council of Science City

    (GCSC) and GCSChas accepted its tendered offer for the execution of the above

    mentioned Works.

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    2. Pursuant to acceptance by GCSC of the tendered offer of the Contractor, GCSC has paid /

    has to pay a mobilization advance of Rs. ____________ (Rupees

    __________________________________Only) to the Contractor.

    3. GCSC desires to obtain the services of the Contractor more specifically stated in the

    Tender Documents from the Contractor.

    4. The Contractor is engaged in the business of construction and as such has the experience

    in providing the aforesaid services.

    5. The parties are desirous of recording the terms and conditions of the appointment of the

    Contractor and the performance of various obligation of the Contractor in terms of this

    Agreement.

    Now this Agreement entered into between the parties hereto witnessed as follows:

    1 In this Agreement, words and expressions shall have the same meanings as are

    respectively assigned to them under the general conditions of the contract.

    2 The following documents shall be deemed to form an integral part of this Agreement and be construed as part of this Agreement. All the documents mentioned hereunder shall be

    read cumulatively in order to ascertain the entire provisions, terms and conditions of this

    Agreement. The documents are as follows:-

    i) Contract for Works

    ii) Notice Inviting Tender and Instructions to Tenderers

    iii) Acceptance of Works in accordance with the Form of Acceptance.

    iv) General and Special Conditions of Contract

    v) Technical Specifications

    vi) Bill of Quantities

    vii) Drawings

    viii) Agenda,

    ix) Performance and Guarantee Bond

    x) Bank Guarantee xi) LOI by GCSC no. dated: - . xii) Exchange of letters & written correspondence

    Not withstanding anything contained in this contract or other document, if any deviations or

    inconsistency, with or repugnant to the provisions contained in above documents shall be deemed

    to be amended to the extent required to bring it to the compliance of statutory provisions & the

    provision or clause mentioned in the latest document and shall be final & acceptable.

    CONSIDERARATION:

    1. GCSC shall pay to the Contractor as consideration for the Works undertaken by the

    Contractor and performance of all obligations under the Agreement an amount of

    . such

    being the original contract value on item rate basis of the Works for the purposes of the

    Agreement. The amount specified herein represents the full and final consideration

    payable by GCSC to the Contractor. The total amount as per item rate contract shall

    represent a firm fixed price and any increase in costs including in respect of taxes, duties,

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    levies, claims, costs and expenses shall be borne by the Contractor or as specified in the

    Bill of Quantities.

    2. The Terms of Payment shall be as per the provisions of Tender Documents or as may be

    modified by GCSC on issue of LOI/work order.

    a) Payments shall be released progressively normally within 15 days form the date of certification of RA bills from PMC/Architect, if found in order.

    b) Retention Money shall be deducted from RA bills at 10% from every bill till it reaches 5% of the total cost of the work and 50% amount shall be released after virtual

    completion & remaining 50% shall be released after defects liability Period of one year.

    However, the same can be released against Bank Guarantee in prescribed approved

    format from nationalised bank.

    3. The Contractor shall at his own cost and expense provide all labour, materials,

    equipment, services, supervision and management required for the construction of the

    aforesaid Works.

    4. The Work will be executed strictly in accordance with the specifications and drawings relating to the Work as shown in the Contract Documents, design drawings and also in

    strict compliance with the terms and conditions of the Agreement and documents forming

    part of this Agreement. GCSC shall have the right to determine whether or not the Work

    is executed strictly in compliance of the specification and drawings and also in

    conformity with all the other terms and conditions of this Agreement. The decision of

    GCSC in this regard shall be final and binding on the Contractor.

    5. Any modifications/ amendments/ alterations made by GCSC to any/all of the documents

    forming part of the Agreement or part(s) thereof shall form an integral part of the

    Agreement, and the Contractor shall be bound to comply with such altered terms and

    conditions of the Agreement or part(s) thereof.

    6. In consideration for the payments to be made by GCSC to the Contractor in respect of

    completed Work, or item of Work, the Contractor hereby undertakes with GCSC to

    Execute the Work diligently and in conformity with the provisions of the Contract

    Documents especially but not limited to completion of Work on time, subject to the terms

    relating to retention money and liquidated damages.

    7. GCSC hereby undertakes to pay the Contractor, in consideration of completion of Works,

    the price for the Works as specified in Clause here above of the General Terms and

    Conditions of the Contract.

    8. It is agreed that the Contractor shall commence performance of the Work within 7 days

    from the date of letter of Intent/ work order issued by GCSC.

    Compensation for Delay (Liquidated Damages):

    The completion period of the entire work as stated above shall be 30 Days, Calendar Months,

    from the 2nd day of issuance of LOI shall be deemed to be the essence of the contract. The time

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    limit specified above and as approved in writing by GCSC, shall be strictly adhered to and

    followed. (i) If the Contractor fails to complete the work under contract by the stipulated date, he

    shall pay liquidated damages of at the rate of 0.1 percentage of the contract value per day from

    the date of delaying the said work up to the date of completion and handing over to the

    Government.

    (ii) However also if the contractor fails to complete any part of the work as designed in table

    below by the time indicated against such part, he shall pay Liquidated damages per day from the

    date of delaying the said part of the work up to the date of completion of the said designated part

    at the rates shown in the said schedule of the contract value of such part for such failure till the

    said designated part. is completed.

    (iii) The aggregate maximum of liquidated damages payable under clause shall not exceed 0.10

    Percentage of contract value per day and shall be subject to the maximum amount of ten

    percentage of the final contract value.

    (iv) Delays requiring payment of ten percentage liquidated damages of the accepted contractor

    value for performance shall be sufficient causes for termination of contract and for forfeiture of

    security deposit including amount of performance bond in respect of works estimated to cost

    more than Rs.35, 000, for. Performance and registration of the contractor shall also be kept in

    abeyance for three years from the date as fixed in all cases. (See table below)

    (v) Liquated damages shall be recoverable from retention money and/or security deposit and/or

    performance Bank guarantee and/or any sum payable to the contractor.

    (vi) However the Liquated damage recovered for slow progress during original/extended time

    limit shall be released if the entire work is completed within original / extended time limit, if

    concluded by GCSC.

    (vii) In case of delay to deliver the work within stipulated program, GCSC reserves the right to

    terminate the contract by giving 7 days prior notice and get the jobs or the delayed job completed

    through another agency of its choice. Any extra expenditure that GCSC will have to incur for

    completion of the balance job/s through another agency on account of higher rates quoted by the

    agency will be recovered from the contractors account, retention money, security deposit etc.

    Moreover, GCSC shall be entitled to all other legal proceedings as may be required for shortfalls

    in recovery.

    Bank Guarantee

    The contractor shall furnish to the owner an irrevocable Performance bank guarantee of a bank

    approved by GCSC and in the format acceptable to GCSC. No payment for work done of any

    kind shall be released until such guarantee is furnished.

    The bank guarantee shall be of the value of 2.5% of the original contract value, and the guarantee

    shall remain valid and in force up to Twelve Months after the completion of contract.

    In the event of the extension of the period of work as per the contract, or increase in the value of

    the work as provided for in General Conditions, the Contractor shall, at its own cost, extend the

    validity period and / or increase the value of its guarantee accordingly as may be called upon by

    GCSC. This provision shall be applicable to every guarantee furnished by the Contractor under

    the various provisions of the Contract.

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    Third Party Inspection:

    GCSC shall have right to undertake, at its own cost, continuous Third Party Inspection during

    construction and up to the completion of the works, and the Contractor shall take all necessary

    corrective measures as may be instructed by GCSC/Architect/PMC.

    Defect Liability:

    The Contractor would be responsible to correct the defects found, if any, within Twelve Months

    from the date of virtual completion as certified by the GCSC/Architect/PMC.

    GCSC may take possession of site/work executed with Snag in case of urgency to do so.

    However Contractor shall be liable to complete the entire work as stipulated in tender documents.

    Right of GCSC:

    1. GCSC reserves the right to delete or postpone any of the item(s) from the contractors scope of work at any stage without any consequential liabilities. Further, for any reasons,

    if required, GCSC can get it executed by any other agency/organization and the contractor

    shall not claim for any compensation for the same.

    2. GCSC also reserves right to recover loss of revenue due to defects in execution of works by the contractor.

    Insurance Policy, License of Labour Commissioner:

    1. The Contractor shall be responsible for obtaining necessary Insurance Policy, License of Labour Commissioner complying and complying with all labour laws. The Contractor

    shall submit a copy of the same to our Project GCSC/Architect/PMC before executing the

    agreement. Further, contractor shall submit the undertaking for non-due payments of their

    labours/ working agencies along with each RA Bill. If required by GCSC, contractor will

    submit the details of payment, vouchers to GCSC at any point of time. No payment shall

    be released unless evidence in this regard is submitted.

    Arbitration:

    Any dispute arising out of this contract shall be referred to arbitration tribunal as

    mentioned in conditions of the contract.

    Force majeure:

    This contract shall be subject to force majeure events such as riots (otherwise than in

    among contractors, labour/employees) and civil commotions (in so far as both these are

    uninsurable), wars (whether declared or not), invasions, act of foreign enemies,

    hostilities, civil war rebellion, insurrection, military or usurped power, any act of

    governments, damage from aircrafts, acts of God such as earthquake, Lightening, drought

    & unprecedented floods and other causes over which the contractor has no control and

    accepted as such by GCSC.

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    Jurisdiction:

    1. The jurisdiction for this contract will be the competent court at Ahmedabad, Gujarat only.

    In witness thereof the parties have hereto set their respective hands and seal the day and year first

    hereinabove mentioned.

    For Gujarat Council of Science City (GCSC) For and on behalf

    of

    EMPLOYER

    Member Secretary/AUTHORISED SIGNATORY Contractor

    Signed .. Signed

    ..

    Name ... Name

    Designation .. Designation

    ..

    Date Date

    .

    Signed in the presence of Signed in the

    presence of

    1. 1.

    ..

    2. 2.

    .

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    UNDERTAKING FOR CLOSURE OF CONTRACT

    Gujarat Council of Science City Via Sola Under bridge, Sola Santej Road, Off Sarkhej

    Ahmedabad Highway, Ahmedabad

    Dear Sir,

    Whereas, we M/s __________________________________________ the contractor have

    successfully completed the work regarding

    ___________________________________________ and the final bill of the contractor have

    been finalized and certified by Architect, Project Management Consultant and also approved by

    the Project Manager/ Engineer in Charge for a total value of Rs. __________(Rupees

    ____________________________________________ Only).

    Now, we the contractor hereby agrees that the final bill is acceptable to us and we shall not claim

    any further amount relating to extra item under any head including escalation of cost, additional

    item, change in scope of work, liquidated damages or under any other pretext/ context as all our

    claims/ demands, if any, have been covered under the final bill. Accordingly, the contract is

    closed for all-purpose except to the extent of our defect liability and performance guarantee

    and/or warranty as per requirement of the contract.

    We further undertake that over and above our liability under defect liability clause under

    agreement for the above work, we shall also be liable for performance of the bought out items

    included in the above final bill.

    This undertaking is executed and delivered to you in good faith without any pressure, coercion,

    obligation or influences whatsoever and accordingly we have signed this understanding having

    fully aware of the meaning, contents and interpretation of this undertaking.

    Thanking you,

    Yours faithfully,

    Date:

    Place:

    Authorized Signatory

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    GENERAL INSTRUCTIONS OF CONTRACTORS AND SPECIAL CONDITIONS

    1) Sealed Tender should be addressed to The Executive Director Gujarat Council of Science City Via Sola Under bridge, Sola Santej Road, Off Sarkhej Ahmedabad Highway,

    Ahmedabad, herein after referred to as employer, owner or GCSC.

    2) Sealed Tenders to be submitted to the office of The Executive Director, Gujarat Council of Science City, Via Sola Under bridge, Sola Santej Road, Off Sarkhej Ahmedabad Highway,

    Ahmedabad, from 24/12//2016 to 30/12/2016 up to 5.00 p.m.. However, if that day is

    declared as holiday the time shall be deemed to be extended to the next working day up to

    3.30 p.m.

    3) No Tender will be received after 5.00 p.m on 30/12/2016 under any circumstances whatsoever.

    4) Tenders (Technical bid) will be opened subsequently at 12.30 p.m on 30/12/2016 the Employer in the presence of the Architect and the Tenderers, or their representative, should

    they choose to be present.

    5) Tenders shall remain open for acceptance by the GCSC for a period of Three months, from the date of opening of the Tender, which period may be extended by mutual agreement and

    the Tenderer shall not cancel or withdraw the Tender during this period.

    6) The Tenderer must use only the Forms issued by the Architects/GCSC to fill in the rates.

    7) The Tender Form must be filled in English and all entries must be made by the hand and written in ink. If any of the documents is missing, or unsigned, the Tender may be considered

    invalid by the Employer in its discretion.

    8) Rates should be quoted both in figures and works in columns specified. All erasures and alterations made while filling the Tender must be attested by initials of the Tenderer.

    Overwriting of figures is not permitted; figure to comply with any of these conditions will

    render the Tender void at the Owners option. No advice of any changes in the rate or

    conditions after the opening of the Tender will be entertained.

    9) Each of the Tender documents should be signed by the person or persons submitting the Tender in token of his/their having acquainted himself/themselves within the General

    Conditions of Contract, etc., as laid down. Any Tender with any of the documents not so

    signed is liable to be rejected.

    10) The Tender submitted on behalf of a Firm shall be signed by all Partners of the Firm or by a Partner who has the necessary authority/power of attorney on behalf of the Firm to enter into

    the proposed Contract. Otherwise the Owners may reject the Tender.

    11) The Owners do not bind themselves to accept the lowest Tender and reserve to themselves the right to accept or reject any or all the Tenders either in whole or in part, without assigning

    any reasons for doing so.

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    12) Intending Tenderers shall pay as Earnest Money, a sum of Rs. 24,000 (Rupees Twenty four Thousand only), by bank Draft drawn in the name of The Executive Director, Gujarat

    Council of Science City, Ahmedabad. A Tender, which is not accompanied by such, an

    Earnest Money will not be considered and shall be void ab-initio. The Earnest Money will be

    returned to the Tenderer if his Tender is not accepted, but without any interest.

    13) The successful Tenderer shall within a week of the receipt of the advice of acceptance of the Tender by Registered A.D., Post, Deposit as further security (for Performance), which should

    be 2.5% of accepted value of the Tender.

    14) On receipt of intimation from the GCSC of the acceptance of his/their Tender, the successful Tenderer shall be bound to implement the Contract and within seven days thereof, the

    successful Tenderer shall sign an Agreement in accordance with the draft Agreement and the

    Schedule of Conditions, but the written acceptance by Gujarat Council of Science City,

    Ahmedabad of a Tender will constitute a binding Contract between Gujarat Council of

    Science City, Ahmedabad and the person so tendering whether such formal agreement is or is

    not subsequently executed.

    15) a) In addition to the initial Security Deposit under clause 13 and is further security for due fulfillment of the Contract by the Contractor, 10% of the value of the work done will be

    deducted by the Employer from each payment to be made to he Contractor until the Retention

    Money and Earnest Money Deposit together amounts to 5%( Excluding Performance bank

    guarantee) of the total amount of work done. On the Architects Certificate of virtual

    completion of the work, the Contractor would be paid 50% of the total Retention Money and

    remaining 50% will be released by the Employer after rectification of the defects pointed out

    during the Defects Liability Period of Twelve Months. However, the same can be released

    against the approved prescribed format from nationalized bank. The amount retained by the

    Employer shall not bear any Interest.

    b) All the compensation or other sums of money payable by the Contractor to the Employer under there terms of this contract may be deducted from his Earnest Money and the Security

    Deposit, if the amount so permits and the Contractor shall, unless such deposit has become

    otherwise payable, within ten days after such deduction, make good in cash the amount so

    deducted.

    16) The Contractor shall not assign the Contract. He shall not sublet any portion of the Contract except with the written consent of the Employer. In case of breach of these conditions, the

    Employer may cause the Architect to serve a notice in writing on the Contractor rescinding

    the contract whereupon the Security Deposit shall stand forfeited to the Employer, without

    prejudice to his other remedies against the Contractor.

    17) The Contractor shall carry out all the work strictly in accordance with Drawings, details and instructions of the Architect and the Structural Consultant. If in the opinion of the Architect

    or the Structural Consultant, changes have to be made in the design and with the prior

    approval in writing of the Employer they desire the Contractor to carry out the same, the

    Contractors shall carry out the same without any extra charge. The Architects decision in

    such cases shall be final and shall not be open to arbitration.

    18) The Tenderer must obtain for himself on his own responsibility and at his own expenses all the information which may be necessary for the purpose of making a Tender and for entering

    into a Contract and must examine the Drawings and must inspect the Site of the work and

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    acquaint himself with all local conditions, means of access to the work, nature of the work

    and all matters appertaining thereto.

    19) The rates quoted in the Tender shall include all charges clearing of Site before commencement as well as after completion, water, electric consumption, meters, double-

    scaffolding, centering, boxing, staging, planking, timbering and pumping out water, including

    bailing, fencing, hoarding, plant and equipment, storage sheds, watching and lighting by

    night as well as day, including Sundays and Holidays, temporary plumbing and electric

    supply, protection of the public and safety of adjacent roads, streets, cellars, vaults, open

    pavements, walls, houses, buildings and all other erections, matters or things, and the

    Contractor shall take down and remove any or all such centering, scaffoldings tagging,

    planking, timbering, strutting, shoring, etc., as occasion shall require or when ordered so to

    do, and fully reinstate and make good all matters and things disturbed during the execution of

    the work and to the satisfaction of the Architect. The rates quoted shall be deemed to be for

    the finished work to be measured at Site. The rates shall also be firm and shall not be subject

    to exchange variations, labour conditions, fluctuations in Railway Freights or any conditions

    whatsoever. Tenderers must include in their rates Sales Tax, Excise Duty, Octroi and any

    other Tax and Duty or other levy levied by the Central Government or any State Government

    or Local Authority if applicable. No Claim in respect of Sales Tax on Works Contract, Excise

    Duty, Octroi or other Tax, Duty or Levy whether existing or future shall be entertained by the

    Employer.

    20) The Contractor shall note that unless otherwise stated, the Tender is strictly item rate basis and his attention is drawn to the fact that rates for each and every item should be correct,

    workable and self-supporting. The quantities in the Schedule of Quantities approximately

    indicate the total extent of work but may vary to any extent and may even be omitted thus

    altering the aggregate value of the Contract. No claim shall be entertained on this account.

    21) Time allowed for carrying out the work as mentioned in the memorandum shall be strictly observed by the Contractor and it shall be reckoned from the 7

    th day after written order to

    commence the work is issued. The work shall throughout the stipulated period of the

    Contract be complete within the specified period failing which, he shall be liable to pay

    compensation as defined in Clause of the Conditions of Contract The Conditions

    Hereinbefore Referred To. The Tenderer shall before commencement of the work, prepare a

    detailed work programme, which shall be approved by the Architect/PMC and the Employer.

    22) Tenders will be considered only from recognized bonafide Contractors in the trade concerned of empanelled selected Contractors.

    23) Special attention of the Tenderer is drawn to the alternative items in the Schedule of Probable Quantities; the rates and amounts for these alternative items shall be duly filled in and the

    Tenderer is informed that the Tender will not be considered unless the alternative rates are

    given for these items. The Employer reserves to himself the right to adopt any of the

    alternative items, either in scrutinizing and deciding upon the Tender or later when the works

    are being executed.

    24) The Contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever the case of delays may be,

    including delays arising out of modifications to the work entrusted to him or in any sub-

    contract connected therewith or delays in awarding Contracts, for other trades if the Project

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    or in commencement or completion of such works or in procuring Government controlled or

    other building materials or in obtaining water and power connections for construction

    purposes or for the other reasons whatsoever and the Employer shall not be liable for any

    claim in respect thereof. The Employer does not accept liability for any sum besides the

    Tender amount, subject to such variations as are provided for herein.

    25) The successful Tenderer is bound carry out any items of work necessary for the completion of the job even though such items are not included in the quantities and rates. Schedule of

    instructions in respect of such additional items and their quantities will be issued in writing

    by the Architect with the prior consent in written of the Employer.

    26) The successful Tenderer must co-operate and co-ordinate with the other Contractors appointed by the Employer so that the work shall proceed smoothly with the least possible

    delay and to the satisfaction of the Architects.

    27) The Contractor must bear in mind that all the work shall be carried out strictly in accordance with the specifications made by the Architects and also in compliance of the requirements of

    the Local Authorities Concerned and no deviation on any account will be permitted.

    28) The successful tenderer should make his own arrangements to obtain all materials required for the work including Steel and Cement or otherwise as directed.

    29) Water: The Owner shall provide water needed for construction at one point only and not for drinking purposes. The Contractor shall, at its own cost make necessary arrangements for

    storage and distribution of water for construction and emergencies and drinking purposes.

    Electricity

    The Owner may provide electrical power or DG set to the Contractor for construction or for

    general lighting and other usage ONE POINT ONLY. Distribution is entirely the

    responsibility of the contractor. However, if owner does not provide the same the contractor

    has to arrange his source of supply entirely at his cost. Non supply of electricity by the owner

    can not be taken as a reason for delay in project. The completion of schedule within the

    stipulated contract duration is entirely contractors responsibility.

    The Contractor shall, at his own cost, provide approved temporary electrical

    connections or use DG set, cable distribution boards and related equipment, as

    required by the Engineer-in-Charge. Disruptions in power supply, whether due to power failures, load shedding, generator breakdowns, or any other reason, shall not be accepted as a

    valid reason for delays and deficiencies in the Work or for claims for additional payments. In

    all such events, the Contractor shall be held liable and be required to pay such further and

    additional sums as may be required under this Agreement on account of such delay caused in

    completion of Work(s) and deficiencies in the same.

    The Contractor shall strictly comply with the provision of safety code annexed hereto.

    30) The Contractor shall fulfill the requirements of the Employees State Insurance Act, 1948, applicable to all States, toward their employees and keep all the required record regarding the

    same for inspection by the Authorities Concerned at any time. The Contractor shall

    indemnify Gujarat Council of Science City, Ahmedabad, against any claim or legal action

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    arising out of the said Act due to the failure of non-compliance of the provisions of the said

    Act and the penalty or any other amount levied by authorities, shall be recoverable from the

    payments due to the Contractors.

    31) The Contractor shall comply with the provisions of the Apprentices Act, 1961, and the Rules and Orders issued there under from time to time. Failure to do so will be in a breach of the

    Contract and the Architects and the Owner/s may in their discretion cancel the contract. The

    Contractor shall also be liable for any pecuniary or other liabilities arising on account of any

    violation by him of the provisions of the Act.

    32) The Contractor shall be responsible for the observance of all state as well as Central Rules and Regulations frames by the Central Government under the Contract Labour (Regulation

    and Abolition) Act, 1970. The Owners shall be entitled to deduct all damages, which it might

    suffer on account of non-observance of these rules by the Contractor, from the amount

    payable to the Contractor.

    33) The Security Deposit of the successful Tenderer will be forfeited if he fails to comply with any of the conditions of the contract.

    34) The Contractor shall visit and examine the Construction Site and satisfy himself as to the nature of the existing roads of other means of communication, the character of the soil and

    the excavation, the extent and magnitude of the work and facilities for obtaining materials

    and shall obtain generally his own information on all matters affecting the execution of the

    work. No extra charge made in consequence of any miss-understanding or incorrect

    information or any of these points or on the grounds of insufficient description will be

    allowed. All expenses incurred by the Contractor in connection with obtaining information

    for submitting this Tender including his visits to the Site or efforts in compiling the Tender

    shall be borne by the Tenderer and no claim for reimbursement thereof shall be entertained.

    35) The Contractor shall provide for all necessary sheds of adequate dimension for storage and protection of materials like cement, lime, timber, and such other materials including tolls and

    equipment which are likely to deteriorate by the action of Sun, Wind, Rain or other natural

    causes due to exposure in the open. All such sheds shall be cleared away and the whole area

    left in good order on completion of the Contract to the satisfaction of the Architect.

    36) Materials shall be of approved quality and the best of their kind available and shall generally conform to I.S. Specifications. The Contractor shall order all the materials required for the

    execution of work as early as necessary and ensure that such materials are on site well ahead

    or requirement for use in the work. The work-involved calls for high standard of

    workmanship combined with speed and to the entire satisfaction of the Architects.

    37) The Contractor shall after completion of the work clear the Site of all debris and left over materials at his own expenses to the entire satisfaction of the Architects and Municipal or

    other Public Authorities.

    38) Rate for variated/deviated or extra items to be worked out on the rates quoted in the tender for the similar items only. Wherever it is not possible to base the rates for variated/deviated

    or extra items on the tender quoted rates then the rate analysis as per CPWD/SOR Rate

    Analysis is to be submitted by the Contractors with 15% towards Contractors overheads &

    profit, in lieu of 10% of OHP as mentioned in CPWD/SOR Rate Analysis. Labour and

    material constants shall be considered from CPWD Rate Analysis and labour- material basic

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    rate shall be taken from latest CPWD/SOR schedule of rate only. For item not available in

    above-mention document, industry accepted standards shall be adopted at the discretion of

    PMC subject to approval of owner. Market rate of materials & labour shall be consider duly

    supported by either min. three nos of Quotation or purchase bill along with payment details

    to be approved by Owner / PMC.

    39) Contractors are requested to note that no extra items or deviated item of work to be executed without taking prior permission from Owner/Architect, if the extra items or deviated items of

    work is executed without taking prior permission, the owner shall not be held responsible for

    the payment of such works executed.

    40) The rates quoted in the tender should be inclusive of Contract Sales Tax, Turn Over Tax,

    VAT, Service taxes (if applicable) etc. It is Contractors responsibility to pay the taxes to the

    Authorities Concerned and produce documentary evidence of the taxes paid, to the Owner on

    demand.

    If Contractor fails to pay the taxes to the Authorities Concerned, the Owners reserve their

    rights to recover the said amount from the amount payable to the Contractor and pay the

    same to the Authorities Concerned.

    The Sales Tax/ VAT on Works Contract, if applicable, will be borne by the Contractor. It is

    Contractor responsibility to pay the taxes to the Authorities Concerned and produce

    documentary evidence of the taxes paid, which will not be reimbursed to the Contractors.

    The Contractor will be allowed to construct temporary hutments for Labourers to reside at

    approved location by maintaining all statutory requirements and it is the responsibility of

    contractor to clean and vacate the same after completion of work.

    41) No payment shall be made to the Contractor for any damage caused by rain, snowfall, floods or any other natural cause whatsoever during the execution of the work. The damage to the

    work will be made good by the Contractor at this own cost, and no claim on this account shall

    be entertained.

    42) Unless otherwise provided in schedule of quantities, the rates tendered by the Contractor shall apply for all heights, lifts, leads and depths of the work and nothing extra shall be payable on

    this account.

    43) The Contractor shall cover all the workers under a Block Insurance Policy, comprehensive all Risk Policy/CAR and Fire Insurance equivalent to the cost of Project or executed cost of the

    project whichever is higher within seven days from the date of letter of Intent / Work order.

    44) Since the work is to be carried out in the existing premises the Contractor will have to take at most care to not to damage any of the existing plantation & other civil constructions etc., and

    if it is observed that the damage has been done by the Contractors / their workmen /

    representative, it will be Contractors responsibility to make good the same at their own cost

    risk.

    45) Where no specifications available, BIS specifications shall be considered or shall be decided by the Engineer-in-charge in consultation with the consultants, Quality Control & Project In-

    Charge applying the best suiting engineering practice. If the item is repeating in two or more

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    sections, then the item in which maximum details are given the same shall be considered for

    all the sections. Also the minimum quoted rate will be accepted and paid for all the items.

    46) The contractors will have to keep the proper record of the cement and steel received at site. The contractors will have to submit the statement of theoretical consumption of cement as

    and when required by GCSC. If the actual consumption is less than the theoretical

    consumption below 5%, the contractors will have to accept the suggestions given by the

    Structural Consultant to rectify / modify / strengthen the structure or demolish and re-

    construct the structure at their own cost.

    47) Telephone and other communication facilities: 1 The Contractor shall at its own expense, arrange and provide for separate and

    independent computer with printer, telephone, Mobile, fax connections and other

    communication facilities at its site office.

    2 The Owners shall not permit the use of its telephone; fax facilities or other

    communication facilities by the Contractor for any purpose whatsoever.

    48) Contractor shall depute a senior responsible and technically qualified person at site/Ahmedabad with powers to take all technical and financial decisions pertaining to this

    project. The Bio- data of such persons shall have to be submitted to GCSC for approval.

    49) The bids submitted in 2 (two) bid system, shall be evaluated keeping the technical & financial parameters as decided by GCSC. It is clearly understood that simply being lowest tenderer,

    does not qualify for award of the work.

    50) Contractor shall submit daily report, comprising of labour deployment, important activities planned for the day and materials received the previous day etc, concrete pour cards, material

    approval request form or other format approved by PMC.

    I/we hereby declare that I/We have read and understood the above instructions for the

    guidance of Tenderers.

    Witnesses : Signature of Tendered

    Date :

    Address :

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    ANNEXURE - THE CONDITIONS HEREINBEFORE REFERED TO

    1) In constructing these Conditions, the Specification Schedule of Quantities and Contract Agreement, the following words shall have the meanings herein assigned to them expect

    where the subject or context otherwise requires.

    a) Employer, GCSC Or Owner :shall mean Gujarat Council of

    Science City, and shall include its

    assigns and successors.

    b) Contractors shall mean (Name & Address)

    and shall include his (their) legal

    representatives assigns or successors.

    c) Site :shall mean the Site of Contract

    Works, ,i.e. at Science City Via Sola

    Under bridge, Sola Santej Road, Off

    Sarkhej Ahmedabad Highway,

    Ahmedabad including and

    building and erections thereon and any

    other land (inclusively), as aforesaid,

    allotted by the employer for the

    Contractors use.

    d) This Contract : shall mean Articles of Tender

    Agreement, Letter of Intent the,

    Special Conditions, the Conditions the

    appendix, the Schedule of Quantities

    and Specifications, Drawings etc.

    attached hereto and duly signed.

    e) Notice in writing: or written notice shall mean a notice in

    written, typed or printed characters

    sent (unless delivered personally or

    otherwise proved to have been

    received), by registered post to the last

    known private or business address or

    registered office of the addressee and

    shall be deemed to have been received

    within 24 hours of dispatch when in

    the ordinary course of post, it would

    have delivered.

    f) Act of Insolvency: shall mean any Act of Insolvency as

    defined by the Presidency Towns

    Insolvency Act, or the Provincial

    Insolvency Act or any amending such

    original.

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    g) Net Prices: If in arriving at the Contract amount

    the Contractor shall have added to or

    deducted from the total of the

    items in the Tender any sum either as a

    percentage or otherwise, then the net

    price of any item in the Tender shall

    be the sum arrived at by adding to or

    deducting from the actual

    figure appearing in the Tender as the

    price of that item a similar percentage

    of proportion by the Contractor of any

    prime cost items and provisional sums

    of money shall be deducted from the

    total amount of the Tender. The

    expression net rates or to the

    Contract or accounts shall be held to

    mean rates or prices so

    arrived at.

    h)Work : The expressions works or work shall

    meantheworks by or by virtue of

    contract contracted to be executed

    whether temporary or permanent and

    whether original, altered, substituted

    or additional by the Contractor

    i) PMC: Project Management Consultant

    (PMC) shall mean and include

    specialist consultants to supervise all

    the works at the Gujarat Council of

    Science City site and also to supervise

    and check quality, project scheduling

    cost control installation of systems (in

    the Works supplied by the Contractor)

    and ensure that the same is done as per

    the plans approved appointed by the

    GCSC and accordingly wherever the

    word or expression

    GCSC/Owner/Employer/Architect

    used in this contract shall be replaced

    by PMC to the extent required by

    employer.

    Words imparting persons include Firms and Corporations. Words importing the singular only also

    include the plural and vise versa where the Context requires.

    2) SCOPE OF CONTRACT:

    The Contractor shall carry out and complete the said work in every respect in accordance

    with this Contract and of with the directions of and to the satisfaction of Owner/Architect.

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    The Architect may in his absolute discretion and from time to time issue further drawings

    and/or written instructions, details directions and explanations, which are hereafter

    collectively, referred to as Architects instructions.

    In regard to: -

    a) The variations or modification of the design quality or quantity of works of the additions or omission or substitution of any work.

    b) Any discrepancy in the drawings or between the Schedule of Quantities and/or drawings and/or Drawings and or specification.

    c) The removal from the Site of any materials brought thereon by the Contractor and the substitution of any other material thereof.

    d) The removal and/or re-execution of any works executed by the Contractor.

    e) The dismissal from the works of any person employed thereupon.

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

    g) The amending and making good of any defects under clause 19 hereon.

    The Contractor shall for which comply with and duly execute any work, comprised in such

    Architects instructions, provided always that the verbal instructions, directions, and

    explanations given to the Contractor or his representative upon the works by the Architect

    shall, if involving a variation, be confirmed in writing by the Contractor within seven days,

    and if not dissented from in writing within a further seven days by the Architect, such shall be

    deemed to be Architects instructions within the scope of the Contract.

    VARIATION TO BE APPROVED BY THE EMPLOYER:-

    Notwithstanding anything herein contained the Architect or his representative shall not,

    without prior concurrence in writing of the Employer, issue any instructions, verbal or in

    writing, which will result in the Employer having to pay the Contractor an additional and all

    instructions issued to the Contractor should forth with brought to notice of the Employer. The

    Contractor shall submit through the Architect, a statement of variations giving quantity and

    rates duly supported by analysis of rates, vouchers, etc. The rates on scrutiny and final

    acceptance by the Employer shall form a supplementary tender; the Employer shall not be

    liable for payment of such variations until these statements are sanctioned by him.

    3) DRAWINGS AND SCHEDULE OF QUANTITIES AND AGREEMENT: -

    The Contract shall be executed in triplicate and the Architects, the Employer and the

    Contractor shall be entitled to one executed copy each for his use. The Contractor on the

    signing hereto shall be furnished by the Architects free of cost, one copy of each of the said

    Drawing and of the Specifications and one copy of all further drawings issued during the

    progress of the works, any further copies required by the Contractor shall keep one copy of

    the drawing on the work the Architects or his representatives shall at all reasonable times

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    have access to the same before the issue of the final Certificate to the Contractor, he shall

    forthwith return to the Architect all Drawings and Specifications.

    4) CONTRACTOR TO PROVIDE EVERYTHING NECESSARY AT HIS COST: -

    The Contractor shall provide at his cost everything necessary for the proper execution of the

    works according to the intent and meaning of the Drawing, Schedule of Quantities and

    Specification taken together whether the same may or may not be particular shown or

    described therein, provided that the same can be reasonably be inferred therefore, and if the

    Contractor finds any discrepancy in the Drawings or between the Drawings, Schedule of

    Quantities and Specifications, he shall immediately and in writing refer the same to the

    Architect who shall decide which is to be followed.

    5) REMOVAL OF IMPROPER WORKS: -

    The Architect / Owner shall, during the progress of the works, have power to order in writing

    from time to time the removal from the work within such reasonable time or times as may be

    specified in order, of any materials which in the opinion of the Architect / Owner are not in

    accordance with the specifications or the instructions of the Architect the substitution of

    proper materials, the removal and proper re-execution of any work executed with materials or

    workmanship not in accordance with the Drawings and Specifications or instructions and the

    Contractor shall forth with carry out such order at his own cost. In case of default on the part

    of the Contractor to carry out such order, the Employer shall have the power to employ and

    pay other persons to carry out the same; and all expenses consequent thereon, or incidental

    thereof, shall be deducted by the Employer from any one due, or that may become due, to the

    Contractor.

    6) DEFECTS AFTER VIRTUAL COMPLETION: -

    Any defect, shrinkage, settlement or other faults which may appear within the Defect

    Liability Period stated in the Appendix hereto or, if non stated then within twelve months

    after the virtual completion of the works, arising in the opinion of the Architect from

    materials or workmanship not with accordance with the Contract, shall upon directions in

    writing of the Architect, and within such reasonable time as shall be specified therein, be

    corrected/rectified and made good by the Contractor, at his own cost.

    7) CERTIFICATE OF VIRTUAL COMPLETION & DEFECTS LIABILITY PERIOD: -

    The work shall not be considered as completed until the Architect has certified in writing that

    they have been virtually completed. The Defect Liability Period shall commence from the

    date of such Certificate.

    8) INSURANCE IN RESPECT OF DAMAGE TO PERSONS AND PROPERTY: -

    The Contractor shall be responsible for all injury to persons, animals or things, and for all

    structural and decorative damage to property which may arise from the operation or neglect

    of himself or any nominated Sub-Contractor or any employee of either, whether such damage

    or injury arises from carelessness, accident or any other cause whatever in any way connected

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    in the carrying out of this Contract. This Clause shall be held to include internal any damage

    to buildings, whether immediately adjacent or otherwise, and any damage to the roads,

    streets, foot-paths, bridge or ways as well as all damage caused to the buildings and works

    forming the subject of this Contract by frost, rain, wind or other inclemency of weather. The

    Contractor shall indemnify the Employer and hold it harmless in respect of all and any

    expenses arising from such injury or damage to persons or property as aforesaid and also in

    respect of any claim made in respect of injury and damage under any Act of any Legislature

    of otherwise and also in respect of any award of compensation or damages consequent upon

    such claims.

    The Contractor shall reinstate all damage of every sort mentioned in this Clause, so as to

    deliver up the whole of the Contract Works complete and perfect in every respect and so as to

    make good or otherwise satisfy all claims for damages to the property of third parties.

    The Contractor shall indemnify the Employer against all claims which may be made against

    the Employer by any member of the Public or third party in respect of any thing which may

    arise in respect of the works or in consequence thereof and shall at his own expenses arrange

    to effect and maintain, until the virtual completion of the Contract, with an approved offices,

    a Policy (CAR) of insurance in the name of the Employer and the Contractor against such

    risks and deposit such policies with the Architect from time to time during the currency of

    this Contract. The Contractor will also similarly indemnify the Employer whether under the

    Workmens Compensation Act or play other statute in force during the currency of this

    Contract or at Common Law in respect of any Employee of the Contractor or any Sub-

    Contractor and shall at his own expense effect and maintain, until the virtual completion of

    the Contract, with an approved office, a Policy of Insurance in the joint name of the

    Employer and the Contractor against such risks and deposit such policy or policies with the

    Architect from time to time during the currency of the Contract.

    The Contractor shall be responsible for any liability which may be excluded from the

    Insurance Policies above referred to and also for all other damages to any person, animal or

    property arising out of incidental to the negligent or defective carry in out of this Contract. He

    shall also indemnify the Employer in respect of any cost, charges or expenses arising out of

    any claims or proceeding and also in respect of any award of compensation and damages

    arising there from.

    The Employer shall with the concurrence of the Architect, be entitled to deduct the amount of

    any damage, compensation, cost, charges and expenses arising from or accruing from or in

    respect or, any such claims or damage from any or all sums due or to become due to the

    Contractor without prejudice to the Employers other rights in respect thereof.

    9) FIRE INSURANCE: -

    The Contractor shall, within seven days from the date of Commencement of Works, insure

    the works at his cost and keep them insured until the virtual completion if the work,

    against loss or damages by fire.

    10) DELAY AND EXTENTION OF TIME: -

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    If in the opinion of the Architect/GCSC the work be delayed (a) by force majeure or (b) by

    reason of any exceptionally inclement weather of (c) by reason of proceedings taken or

    threatened by or dispute with adjoining or neighboring owners or public authorities arising

    otherwise then through the Contractor own default or (d) by the works and delay of the other

    Contractors or tradesmen engaged or nominated by the Employer or the Architect and not

    referred to in the Schedule of Quantities and/or specification or (e) by reasons of the

    Architect instructions as per Clause 2 here if or (f) by reason of civil commotion, local

    combinations of workmen or strike or lock-out affecting any of the building trades or (g) in

    consequence of the Contractor not having received in due time necessary instructions from

    the Architect for which he shall specifically applied in writing or (h) from other causes which

    the Architect may certify as beyond the control of the Contractor or (i) in the event, the value

    of work exceeded the value of the Priced Schedule of Quantities owing to variation, the

    Architect may with the previous approval in writing of the Employer make a fair and

    reasonable extension of time for the completion of the Contract Works; in case of such strike

    or lockout, the Contractor shall as soon as may be, give written notice thereof to the

    Architect, but the Contractor shall nevertheless constantly use his endeavor to prevent delay

    and shall do all that may reasonably be required to the satisfaction of the Architect to proceed

    with the work.

    11) FAILURE BY CONTRATOR TO COMPLY WITH ARCHITECT/GCSC INSTRUCTIONS :-

    If the Contractor after receipt of written notice from the Architects requiring compliance

    within ten days fails to comply with such further drawings and / or Architects instructions,

    the Employer may Employ and pay other persons to execute any such work whatsoever that

    may be necessary to give effect thereto, and all costs incurred in connection therewith

    shall be recoverable from the Contractor by the Employer on the Certificate of the Architect

    as a dept. or may be deducted by him from any moneys due to the Contractor.

    12) TERMINATION OF CONTRACT BY THE EMPLOYER :-

    If the Contractor being a individual or a Firm, commits any act of insolvency or shall be

    adjudged an insolvent or being an Incorporate Company, shall have an order for compulsory

    winding up, voluntarily or subject to the supervision of the Court and the Official Assignee or

    the Liquidator in such acts of insolvency and winding up, as the case may be, shall be unable

    within seven days after notice to him requiring him to do so, to show the reasonable

    satisfaction of the Architect that he is able to carry out and fulfill the Contract and to give

    security thereof, of so required by the Architect.

    Or if the Contractor (whether an individual, Firm or incorporated Company) shall suffer

    execution or other process of Court attaching property to be issued to the Contractors.

    Or shall suffer any payment under this Contract to be attached by or on behalf of any of the

    creditors of the Contractors.

    Or shall assign or sublet this Contract without the consent in writing of the Employers first

    obtained.

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    Or shall charge or encumber this Contractor or any payment due of which may become due to

    the Contractor hereunder.

    Or if the Architect shall certify in writing to the Employer that the Contractor:

    i) Has abandoned the Contract, or

    ii) Has failed to commence the works or has without any lawful excuse under these conditions suspended the progress of the works for fourteen days after receiving from

    the Architect notice to proceed or

    iii) Has failed to proceed with the works with such due diligence and failed to make such due progress as would enable the works to be completed within the time agreed upon,

    or

    iv) Has failed to remove materials from the Site or to pull down and replace work for seven days after receiving from the Architect written notice that the said materials or

    work were condemned and rejected by the Architect under these Conditions, or

    v) Has neglected or failed persistently to observe and perform all or any of the acts, matters or things by this Contract to be observed and performed by the Contractor to

    observe or perform the same.

    Then and in any of the said cases the Employer may, notwithstanding any previous waiver,

    after giving seven days notice in writing to the Contractor, determined the Contractor, but

    without thereby affecting the powers of the Architect or obligations of liabilities of the

    Contractor, the whole of which shall continue in force as fully as if the Contract has not been

    so determined, and as if the work subsequently executed had been executed by or on behalf of

    the Contractor. And further, the Employer by his agent or servants may enter upon and take

    possession of the work and all plant, tools, scaffoldings, shed, machinery, steam and other

    power utensils and materials lying upon the premises or on the adjoining land or roads and

    use the same as his own property or may employ the same by means of his own servants and

    workmen in carrying on and completing the works or by employing any other Contractor

    shall not in any way interrupt or do any act, matter or things to prevent or hinder such other

    Contractor or other person employed for completing or finishing or using the materials and

    plant for the work. When the work shall be completed or as soon as thereafter as convenient

    the Architect shall give a notice to the Contractor to remove his surplus materials and plant

    and should the Contractor fail to do so within the period of fourteen days after receipt thereof

    by him, the Employer may sell the same by public auction, and give credit to the Contractor

    for the net amount realize. The Architect shall thereafter ascertain and certify in writing under

    his hand what (if anything) shall be due or payable to, or by the Employer, for the value of the

    said plant and materials so taken possession by the Employer and the expenses and loss which

    the Employer shall have been put to in procuring the works to be completed and the amount,

    if any, owing to the Contractor and the amount which shall thereupon be paid by the

    Employer to the Contractor or by the Contractor to the Employer, as the case may be and the

    Certificate of the Architect shall be final and conclusive between the parties

    .

    13) TERMINATION OF CONTRACT BY THE CONTRACTOR: -

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    If the payment of the amount payable by the Employer under certificate of the Architect shall

    be in arrears and unpaid for thirty days after notice in writing requiring payment of the

    amount as aforesaid shall have been given by the Contractor to the Employer, or if the

    Employer interferes with or obstructs the issue of any such certificates, or if the Employer

    shall repudiate the under the order of the Architect or the Employer or by any injunction or

    other order or any Court of Law, then and in any of the said cases the Contractor shall be at

    the Employer, through the Architect, and he shall be entitled to recover from the Employer,

    payment for all works executed and for any loss he may sustain upon any plant or materials

    supplied or purchased or prepared for purpose of the Contract.

    14) CERTIFICATE AND PAYMENTS: -

    The Contractor shall be paid by the Employer from time to time installments under Interim

    Certificates to be issued by the Architects to the Contractor on account of the works executed

    when in the opinion of the of the Architect, work to the value named in the Appendix as value

    of work for Interim Certificates (or less at the reasonable discretion of the Architect) has been

    executed in accordance with this Contract, subject, however, to a retention of the percentage

    of such value named in the appendix hereto as retention percentage for Interim Certificates,

    until the total amount retained shall reach the named in the Appendix as limit for Retention

    Money, after which time to the installments shall be upto the full value of the work

    subsequently so executed and fixed in the building. The Architect may in his discretion

    include the Interim Certificate, such amount, as he may consider proper on accounts of

    materials delivered upon the site by the Contractor for use in the Works. And when the works

    have been virtually completed and the Architect shall have certified in writing that they have

    been completed the Contractor shall be paid by the Employer in accordance with the

    Certificate to be issued by the Architect the sum of money named in the Appendix

    Installment after Virtual Completion and the Contractor shall be entitled to the payment of

    the Final Balance in accordance with the Final Certificate to be issued in writing by the

    Architect at the expiration of the period referred to as the Defect Liability Period in the

    appendix hereto from the date of Virtual Completion or as soon after the expiration of such

    period as the works shall be finally completed and all defects made good according to the true

    intent and meaning and hereof whichever shall last happen provided always that the issue of

    the Architect of any certificate during the progress of the work or at or after the completion

    shall not relieve the Contractor from his Liability under Clause 2 and 20 nor relieve the

    Contractor of his inability in case of fraud, dishonesty or fraudulent concealment relating to

    the works or materials or to any matter dealt with in the Certificate, and in case of all the

    defects and insufficiencies in the works or material which a reasonable examination would

    not have disclosed. No Certificate of the Architect shall of itself be conclusive evidence that

    any works or materials to which it relates are in accordance with the Contract, neither will the

    Contractors have a claim for any amounts which the Architects might have certified in any

    interim bill and paid by the Employer and which subsequently be discovered as not payable

    and in this respect the Employer decision shall be final and binding.

    The Architect/GCSC shall have power to withhold any Certificate if the work or any parts

    thereof are not being carried out to his satisfaction.

    The Architect/GCSC may by any certificate make any correction in any previous certificate,

    which shall have been issued by him.

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    Architect shall issue no Certificate of payment if the Contractor fails to insure the work and

    keep them insured till the issue of Virtual Completion Certificate.

    Payments upon the Architects Certificate shall be made within the period named in the

    Appendix as Period of honoring Certificates after such Certificates have been delivered to the

    Employer.

    15) DELAY PAYMENT: -

    No interest shall be paid for delayed payment due to reasons whatsoever.

    16) SETTLEMENT OF DISPUTES BY ARBITRATION: -

    All disputes or differences of any kind whatsoever which shall at any time arise the parties

    hereto touching them or concerning the work or execution or maintenance thereof this

    Contract or the construction operation or effect thereof or to the rights or liabilities of the

    parties or arising out of or in relation thereto whether during or after determination,

    foreclosure or breach of this contract (other than those in respect of which the decision of any

    person is by the contract expressed to be final and binding) shall after written notice by either

    party to the contract or the other of them and to the Appointing Authority who shall be

    appointed for this purpose by the Employer, be referred for adjudication to a sole arbitrator to

    be appointed as hereinafter provided.

    For the purpose of appointing the sole Arbitrator referred to above, the Appointing Authority

    will send within thirty days of receipt by him of the written notice aforesaid to the Contractor,

    a panel of the three names of persons who shall be presently unconnected with the

    organization for which the work is executed.

    The Contractor shall on receipt by him of the names as aforesaid, select any one of the

    persons named to be appointed as a sole Arbitrator and communicate his name to the

    Appointing Authority within thirty days of receipt by his the names. The Appointing

    Authority shall thereupon without any delay appoint the said person as the sole Arbitrator, if

    the Contractor fails to communicate such selections as provided above within the period

    specified, the appointing authority shall made the selection and appoint the selected person as

    the sole Arbitrator.

    If the appointing Authority fails to send the Contractor the panel of three names as aforesaid

    within the period specified, the Contractor shall send the Appointing Authority a panel of

    three names of persons who shall be unconnected with either party. The Appointing

    Authority shall on receipt by him of the names as aforesaid select any one of the persons

    named and appoint him as a sole Arbitrator. If the Appointing Authority fails to select the

    person and appoint him as the sole Arbitrator within 30 days of receipt by him of the panel

    and inform the Contractor accordingly, the Contractor shall be entitled to appoint one of the

    person from the panel as a sole arbitrator and communicate his name to the Appointing

    Authority.

    If the Arbitrator so appointed is unable or unwilling to act or resign is appointment or vacate

    his office due to any reason whatsoever another sole arbitrator shall be appointed as

    aforesaid.

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    The work under the Contract shall, however continue during the Arbitration proceeding and

    no payment due or payable to the Contractor shall be withheld notice on account of such

    proceedings.

    The Arbitrator shall be deemed to have entered on the reference on the date he issues notice

    to both the parties fixing the date of the first hearing.

    The Arbitrator may from time to time, with the consent of the parties, enlarge the time for