Volume 1, 2 & 3 After HPC Dated 30.05.2024 - With Letter
Volume 1, 2 & 3 After HPC Dated 30.05.2024 - With Letter
ns6,
rraro gien,
w-{u efuo
sfan qeal clrsat
t-dl d,
3io-tE@ ufoazu-gu ufuqu€fr'o,
tetro furlz r[6/ 3{rqrs tzi er6t ffi;raz
rrr fumTgz gqra 6-,-qrur fr8{ra)
s.?* qerr lrsat
fu$d 3r{sTrrr-l Fr-GErF: fi;ri;Fa fiEar$,zoz+
f{sq, t.fi.S. mE fi 3ldafil qeqr fr r. so.oo m-G t 3{Ra. arrra t crru-6rq rdat b
ftaiET 6T-4 tq tfi-qq qrra *' fr(r Modet Nfisr+gfc ] srq*r f I
a-fr{q,
sqtr-rf, frsqd' gv+r ffiJrfi fae+rrr fi' q* +io-rg+zzo?4/3s6/3s-1-2o23 F{ai6
03 qfl, ?o24 6I s;as+ 116"1 6t, ffi
fm *ofiodro *s (r{ 6TR, 3re 4rd 6.rd fi
sE--E d Modet RFp srq-$-i rq-ildtr 6-rrS art Ht fg frsq fr :rirrrd irTrar Fa qa;q t
sfuE, soqo crRrfi 61 3{c-qqftTr fr $ofro$o e}s q{ erEa ffiq
6Td tqrrfrd q*fur
fi
Effr &6rF EairF 08 q-rafr, ?oz4 dq Eaio rs s:rEfr, zoz4 d $ofio$o +fs q{
Mq o-rd frr q'fdrqr fi'sm;q d'o'frqq Eidrq m
rrn Hl
z. 5sh wu A ffaa (3{rq-arym) 3r{s{r4-2 fi' cffiareqt Eaia tg.to.zozr 6'ngl-
f
z (3) {r rS ta-++qqfsn *.+.S. frqra *'6r{ tg afga snr.qs'.Q. aut (rsJi.fr.
ar Bqttsr ffirffi fugr4 ERr Arqr Entrfi, frgor rEqra:a gaft seng6Iq F{sTrril 6t
orat ilrnt
3. Fg sg;tr d'fa;o (3lrq-dry6) 3r{e{rrr-z fi ltrrarict Eaio ts.to.zozr d dl
r$ a++er & m-s f {€q 3{fuu;aT, ffi-ffi tra ar*r $ofiofro t'rs fi o.rd Fg er4frrr
Effi b ffi 6f €arfrn ari gv s. so.oo m.,G *:rR-o arrra * crs6rq r+d fi
Mq 6T'+ tq tfi-qrr qq-a h frs tvtodet Nrr gr{gC-e *qn mr sqa-eer 6-{rqt ,rql tl
4. srir: {€ +rry;q fr U'$ qt m5} mr Blw g:n t fo Oq-qr g.fr.m. fffs fi 3r-TJta
secr f s. so.oo 6-rt5 t rrfuo arrra h cnsfrq rrat mr Mq o.rd fi s++q f
tfiER T{Gt tq :dilrd Modet Nrr srq.fi (frqIffi frl+rrr fi ME-
https://planning.up.nic.in q{ 5qtrdtl) }' :mm w frregvr{ :r,fal ortrEr€f ffr sr
s-o-ff tr
darazn':qq}+at
sffiArq,
I 'r
\\'-J ,
t:rctro 5ert1
u-gu ufu'+1
+ieqr, (r tlss-r-zoz+ dffiizF'
qrfrAfu, ffiRa +f qra,et rni snErq+' EFrftnfi tq ifra',-
l. tr{q sfiq;ar (fr-os1 rni fuHrrneqEr,6fm. Aeiur f4rrrrr, t€;rst
z. qtregr Etqrm, soqo {Fi6t-q Ardrur frrrq' fro, acrasr
3. rt;q Gtqr+', fro ttug fio w, 5oqo ga ftrre, a€;I3il'l
4. IFt;q fitQr+', gfr€ 3{rdlg frrrfr fro, 5og, ilcrrsl
s. rtetr Bt?rm, qofro * 6F^-+er?T (rus g;ffiRg+ET !raq-S-e offiqra fro, aqrsl
6. T3q 3tffq-?r irfr#El ta, $ofrofro frerf,, ffitf, EHBI, 5oqo elfif,al
t
z. frtero, erd' 6rfia fJrar qs{rrr (t+ar+rt ffifffi' trHrrD at fg 3rTer{r nm6 6
Model NIT Document of ffitrd frl+r;rr 6r ag{nfe w srqals mltri aT m-q mtt
t6f6I
8. fr adrf, 6W, Efttra BlQro, q-aosrr$ofro, {t=rt q6-en', soqo ilGt;rsl
3nsr t,
)J-\
//
( {rs;q r+rE )
sTrd ufu+l
Generic Document after HPC dated 30.05.2024
Letter no. 92/BDD-1(NH)/40MT-11/2024 dated 12.06.2024
As Executing Agency of
Department of ............................................
Government of Uttar Pradesh
E-Tender For
“Design, Engineering and Procurement for
Construction of ......................................................................
..................................................................
........................................................,
Uttar Pradesh, INDIA on EPC basis”
Volume-1
Notice Inviting E-Tender &
Instructions to Bidders
(....................., 2024)
1|Page
Volume 1 NIT & ITB
Chief Engineer, Technical Cell, EPC Mission, Planning Department, Lucknow on behalf of Governor of Uttar
Pradesh invites online Bids for construction on Design, Engineering, Procurement and Construction (EPC)
basis from eligible Bidders working in any central/state departments or government/semi government
undertakings or in private sector for building works through e- tendering from eligible contractors/firms in two
Bid System for the following work: -
The Bid document shall be available online from ................ at ......... PM to ............ at ......... PM.
The Bidders would be required to register at https://www.etender.up.nic.in. The Bid document will be
available online as per schedule above for submission of the Bids. The intended applicants are advised
to procure digital signature certificate (Class-III) from UP Electronics Corporation Ltd Lucknow, to
participate in e-tender process.
Last date of submission of Bid document ................... upto 03:00 PM (Online). Opening of Technical
Bid shall be ............... at 03:30 PM and last date of submission of bid in hard copy is ................ upto 5:00
pm.
The documents to be uploaded online are listed at Annexure I of the NIT & ITB (Vol. 1). The complete set
of Tender Documents comprising seven Volumes I, II, III, IV, V, VI & VII shall be made available, as
per schedule above, on e-tender portal www.etender.up.nic.in. Other details are also available on e-
tender website https://www.etender.up.nic.in. and Corrigendum/amendments etcetera, if any, will be
notified on the above website only and separate advertisement will not be made for the same.
Prebid meeting to be held on date ............... at 11:30 am in Yojana Bhawan, Lucknow. One can join
Prebid meeting online, link for which shall be provided subsequently. The bidders are requested to send
the names and contact no. of the representatives attending the prebid meeting one day prior to the date
of the meeting on the email ID- [email protected].
The queries can be sent to Email ID- [email protected]. The Bidders shall have to
send the queries in both pdf format as well as word format.
Technical Cell, EPC Mission, Planning Department reserves the right to accept or reject any application
without assigning any reason or incurring any liability whatsoever.
2|Page
Volume 1 NIT & ITB
The price quoted by the bidders is exclusive of GST.
Processing/ Tender fee & Document fee (as per the table) shall be deposited online through Net
Banking/RTGS on the e-tender portal site www.etender.up.nic.in through the available gateway.
EMD (as per the table) amount up to Rs 50.00 lakhs shall be paid online through the payment Gateway by
net banking/RTGS on e-tender portal i.e. www.etender.up.nic.in and rest amount Rs ............. lakhs in the
form of e-Bank Guarantee/ Bank Guarantee from any Scheduled Commercial bank.
Prospective Bidders are advised to regularly scan through e-tender portal www.etender.up.nic.in, as
corrigendum/amendments etcetera, if any, will be notified on this portal only and separate advertisement
will not be made for the same. The Bids shall remain valid for acceptance for a period of 90 days from
the date of opening of Technical Bids.
On the said portal (www.etender.up.nic.in) by clicking “Tenders by Organization”, then under organization
name “Planning Department UP”, the NIT document can be searched by date/number of tender notice, name
of work etc.
Any Bidder who is having criminal record is not allowed to participate in the Bidding process.
Any Bidder who is registered with the State Bar Council is not allowed to participate in the Bidding
process.
1% labour cess will be deducted from the Contractor’s Bill.
The Qualified Bidder shall have to register all the labourers employed in the project with the labour
department. The associated/sub-contractors have also to comply accordingly.
Original MM-11 forms proof of royalty shall have to be produced at time of every running bill in
accordance to G.O. no. 115(1)/86-2020 dated 15-01-2020 for all the materials procured from the
quarries.
Date-.....................
Place- Yojna Bhawan, Lucknow
3|Page
Volume 1 NIT & ITB
TABLE OF CONTENTS
4|Page
Volume 1 NIT & ITB
39. FORM ‘K’ Project Under Execution 62
40. Checklist of Documents to be submitted with the Technical Bid (Envelop-1 & 63
Envelop-II) and Financial Package
DISCLAIMER
This document has been prepared by Technical Cell, EPC Mission, Planning Department, on behalf of
Governor of Uttar Pradesh as Executing Agency of the Department of ......................, Government of
Uttar Pradesh for the Project. The information is provided to prospective Bidders, who are interested to
Bid for “Design, Engineering, Procurement for Construction of .......................................................
....................................., Uttar Pradesh, INDIA on EPC Mode”.
This document is neither an agreement, nor an offer or invitation to perform work of any kind to any
party.
The purpose of this document is to provide interested parties with information to assist the preparation
of their Bid. While due care has been taken in the preparation of the information contained herein, and
believe it to be complete and accurate, neither any of their authorities or agencies nor any of their
respective officers, employees, agents or advisors give any warranty or make any representations,
expressed or implied as to the completeness or accuracy of the information contained in this document
or any information which may be provided in association with it.
Further, EPC Mission, Planning Department does not claim that the information is exhaustive. Interested
parties are required to make their own inquiry/ survey and will be required to confirm, in writing, that
they have done so and they did not rely solely on the information given herein.
EPC Mission, Planning Department reserve the right not to proceed with the Project or to change the
configuration of the Project, to alter the timetable reflected in this document or to change the process or
procedure to be applied. It also reserves the right to decline to discuss the Project further with any
interested party.
No reimbursement of cost of any type or on any account will be made to persons or entities submitting
their Bid.
5|Page
Definitions
1. “Application” shall mean the response submitted by interested parties.
2. “Project” shall mean “Design, Engineering, Procurement for Construction of .................................
..............................................................., Uttar Pradesh, INDIA on EPC Mode”.
3. “Site” shall mean the place where the works under the Project are to be carried out and the details of
which are provided in this document.
4. “BID/Tender” shall mean documents issued by Technical Cell, EPC Mission, Planning Department to
the prospective Bidder. The word “Tender” is synonymous with “Bid”.
5. “Bid Security/ Earnest Money” shall mean the amount to be deposited by the Bidder with the Tender.
6. “Bid Validity” shall mean the period for which the Bids shall remain valid.
7. “Bidder” shall mean the individual, proprietary firm, firm in partnership, limited company, private or
public or corporation participating in the tendering process pursuant to and in accordance with the
terms of this document. The word “Tenderer” is synonymous with “Bidder”.
8. “Employer” shall mean the Governor of Uttar Pradesh acting through the Chief Engineer or equivalent
officer or successor thereof, as mentioned in Schedule ‘F’.
9. “Employers Representative” shall mean the Superintending Engineer or equivalent officer, as
mentioned in Schedule ‘F’.
10. “PMC/Authority Engineer” shall mean the name of the consultancy firm to assist the Engineer-
in- charge.
11. “Engineer-in-charge” shall mean the Executive Engineer or equivalent officer, as mentioned in
Schedule ‘F’.
12. “Client Department” shall mean the Department of .............................., GoUP.
13. “Contract Agreement” shall mean the Tripartite agreement to be signed between the Successful
Tenderer and the competent authority for and on behalf of Employer or their authorized representative
& the competent authority for and on behalf of the Client Department.
14. “Contract Price” shall mean the financial Bid of the Successful Tenderer as accepted by the Employer’s
Representative.
15. “DPR Consultant” shall mean the consultant who has prepared the DPR & tender documents & the
same firm shall responsible to issue approval to the Architectueal drawings of EOC Contractor.
16. “Date of commencement of work” shall mean the date of Start as specified in the Schedule “F” or the
date of handing over of the site, whichever is later as indicated in the tender document.
17. "Defects Liability Period (DLP)" means the period after completion of the Project during which the
Executing Agency or his authorized representative/Engineer-in- charge that will notify to the Contractor
any defect noticed in the work and the Contractor is liable for rectification of such defects. Proof of
dispatch of letter notifying the defect/ intimating the representative of Contractor at site on the last date
of Defect liability period will make the Contractor liable for rectify all such defects.
18. “Evaluation Committee” shall mean the committee for the evaluation of the Bids as constituted by
Niyojan vibhag (Planning Department)/Governing Body for EPC Mission.
6|Page
19. “EPC” shall mean Engineering, Procurement and Construction, here includes Operations and
Maintenance.
20. “U.P.” shall mean Uttar Pradesh.
21. “Successful Tenderer” shall mean the Tenderer declared technically and financially successful for the
Project and with whom, the Contract Agreement shall be signed.
22. “Letter of Award” shall mean the letter issued by the executing agency to the Successful Tenderer
inviting him to sign the Contract Agreement.
23. "Performance Guarantee” shall mean the amount to be paid by the Successful Tenderer as per relevant
clause mentioned elsewhere.
24. “Processing Fee” shall mean the amount to be paid by the Bidders/Tenderers in consideration of cost
of Bid document.
25. “Similar Works” shall mean the work as defined in eligibility criteria.
26. “Scheduled banks” mean “Scheduled Commercial Banks”
27. “NIT” means Notice Inviting e-Tender. The word “Notice Inviting e- Tender” is synonymous with
“Notice Inviting Bids”.
28. “ITB” means Instructions to Bidders
29. “YEAR” means “Financial Year” unless stated otherwise.
30. “GST” shall mean Goods and Service Tax.
31. “UPPWD” shall mean Uttar Pradesh Public Works Department.
32. "Executing Agency" shall mean the working agency i.e. Uttar Pradesh Public Works Department.
7|Page
8|Page
SECTION-I
1. Technical Cell, EPC Mission, Planning Department, Lucknow executes the various projects on behalf of
Governor of Uttar Pradesh to be constructed on EPC mode. Technical Cell, EPC Mission, Lucknow invites
on-line Bids on Design, Engineering, Procurement and Construction (EPC) including Operation &
Maintenance basis from Eligible Bidders, in two Bid system, through e-tendering.
1.1. The estimated cost of work is as given in Table – I. Technical Cell, EPC Mission, Planning Department,
Lucknow, will deal with all the matters relating to invitation of tenders. Any clarification shall be sought from
Technical Cell, EPC Mission, Planning Department, Lucknow/ Employer/ Employer’s Representative. The
NIT and other details are also available on the e-tender portal www.etender.up.nic.in
TABLE – I
No. Description Details
1 Tender No. Tender No: .........../General/Technical Cell/2024 dt. ................
9|Page
Pre-Bid conference shall be held on ................... at 11:30 am at Room no 101, Meeting Hall
“Vimarsh”, Ist Floor, Planning Department, Yojana Bhawan, Lucknow . The queries can be sent to mail
[email protected]. The Bidders shall have to send the queries in both pdf
format as well as word format.
Representatives (2 nos. maximum) of each prospective Bidder shall be allowed to participate on
production of authority letter from the Bidder. During the course of Pre-Bid meeting, the Bidders
will be free to seek clarifications and make suggestions for consideration. The tender inviting
authority shall endeavor to provide clarifications and such further information as it may, in its sole
discretion, consider appropriate for facilitating a fair, transparent and competitive Bidding process.
1.3 The intending Bidder must read the terms and conditions of Notice Inviting e-tender and the Bid
Documents carefully. He should only submit his Bid if he considers himself eligible and he is in
possession of all the documents required. Intending Bidder is eligible to submit the Bid provided he
has definite proof from the appropriate authority, which shall be to the satisfaction of the competent
authority of the respective department, of having satisfactorily completed the works given in the
Eligibility Criteria specified below:
1.4 Bids (Two Bid system – (a) Technical Bid and (b) Financial Bid) are invited on behalf of Governor
of Uttar Pradesh from eligible contractors working in any central/state departments or
government/semi government undertakings or in private sector for building works The Bidders,
individual proprietorship firm, company, meeting the following minimum eligibility criteria shall
be eligible to apply.
(a) If e- Tender Fee / Processing Fee and or EMD submitted by any Bidder is not as per e- tender terms
and conditions, his Bid will be rejected and will not be considered for further stages of evaluation.
(b) If the Bidder or any JV in which he has participated has ever been blacklisted & currently in force
by any state Government, Central Government or any Public Sector Unit of either Central
Government or State government, his Bid will be rejected and will not be considered for further
stages of evaluation.
(c) Experience should be in the name of the Bidding Company and not in subsidiary/ associate
company/ Group Company etcetera also, the work should not have been Sublette by the Bidder on
back-to-back basis in full.
(d) Experience of having successfully completed works during the last 7 years ending the previous
day to the last date of submission of tender. For this purpose, cost of work shall mean gross value
of the completed work including cost of material supplied by the respective Client Department
but excluding those supplied by the Client Department free of cost.
(e) “Similar Work” shall mean “Construction of RCC framed building Project including all civil
works, internal water supply, sanitary installations, internal Electrical Installations and services
i.e. Fire-Fighting, Fire Alarm, Substation, DG set, ELV, HVAC and Lifts etc. all executed under
one composite agreement. If the work is completed outside India but Funded by Government of
India/Any State Government/Any Public Sector unit of either Central Government or State
Government shall be considered if other specified requirements are fulfilled.”
Three similar completed/substantially completed works each costing not less than the amount
equal to 40% of cost of the proposed work;
OR
Two similar completed/substantially completed works each costing not less than the amount
10 | P a g e
equal to 50% of cost of the proposed work;
OR
One similar completed/substantially completed work costing not less than the amount equal to
80% of cost of the proposed work.
And
Experience of having executed one work of minimum .................... Storeys either RCC framed or
composite (excluding industrial) (basement, machine room and mumty shall not be counted as a storey)
with a minimum of ................. sqm. built-up area in last 07 years including all civil works, internal water
supply, sanitary installations, internal Electrical Installations and services i.e. Fire-Fighting, Fire Alarm,
Substation, DG set, HVAC and Lifts etc. all executed under one composite agreement in India, either
completed as part of above work or separately. If the work is completed outside India but funded by
Government of India/any State Government/any Public Sector unit of either Central Government or
state government shall be considered, if other specified requirements are fulfilled".
Note:
1 The value of executed works shall be brought to current costing level by enhancing the actual value
of work at simple rate of 7% per annum; calculated from the date of completion to the previous day
of last date of submission of tenders.
2. Mumty and machine room shall not be considered as storey for this purpose.
3. For Building works, the number of storeys for the purpose of definition of similar work may be taken as
under:
(i) Upto four storeys buildings - No binding
(ii) Five to ten storeys buildings - Minimum one building of five storeys
(iii) Eleven to fifteen storeys building- Minimum one building of eight storeys
(iv) More than fifteen storeys buildings- Minimum one building of ten storey
4. If there are a number of buildings in a similar work, then minimum one building should satisfy the
definition of similar work.
5. One equivalent storey shall be considered of 3.0 m height for residential buildings & of 3.6 m for non-
residential buildings.
6. Experience as subcontractor/Nodal agency/Project Management Consultant shall not be considered. The
Bidder should have procured and executed the project on his own.
7. Back to Back Tie Up by PSUs: Construction PSUs while awarding the work will take following points
into consideration: PSUs (when bag the contract from the client Department) as a contractor, has to
execute the work by functioning like a contractor instead of sub-letting the 100% work on back to back
basis.
8. For contracts under which the applicant participated as a joint venture member or sub-contractor, only
the applicant’s share, by value, shall be considered to meet this requirement.
9. The value of executed works shall be brought to current costing level by enhancing the actual
executed value of work at simple interest rate of 7% per annum; calculated from the date of
completion to previous day of last date of initial date of submission for Bids.
10. Own works / work under the same management shall be considered only if duly certified by the
development authority to have been completed adhering to their norms.
11 | P a g e
11. In case of Medical Colleges and Hospitals, atleast one work of minimum 40% of the beds criteria should
be met by the bidder as part of completed works subject to minimum 100 beds.
12. In case of building projects, atleast one work of minimum number of storeys as mentioned in the note
for similar work and completion of minimum one building of Built-Up Area equal to or above 40% of
the largest proposed building.
13. The work in Additional Qualification Criteria may be a part of similar work or may be different than
the similar work.
14. Substantial Completion of Works
The works which are completed to the extent of 80% physical progress shall be considered as substantially
completed shall be awarded 75% marks in the respective category, provided the proper certificate duly issued by
the competent authority of the employer is put up along with the bid documents. The certificate for Substantial
completion of project/work shall contain two parts, i.e., Part I shall contain 'Financial value of work done' & Part
II shall contain 'Certificate of functional completion of Project/work.
(f) Turnover: Average annual financial turnover on construction works should be at least 50% of the
cost of the proposed work during the immediate last three consecutive financial years ending
31st March, 2023. The balance sheets, Statement of Profit & Loss Account and Notes to Accounts
should be duly audited and certified by a Chartered Accountant with his seal / signatures and firm
registration number. The year in which no turnover is shown, would also be considered for
working out the average. The turnover should be of the Bidding Company and not for Group
Company or subsidiary company etcetera Turnover shall be duly certified by a Chartered
Accountant with his seal / signatures and registration number & must mention the work
completed/running on the EPC basis.
The multiplication factor of 7% per annum simple interest is not applicable on the Annual financial
turnover figures.
(g) Profit / loss: The Bidder should not have incurred any loss (profit after tax should be positive)
in more than two years during the available last five consecutive financial years ending 31st
March, 2023. The balance sheets, Statement of Profit & Loss Account and Notes to Accounts
should be duly audited and certified by a Chartered Accountant with his seal / signatures and firm
registration number.
(h) Solvency Certificate: The Bidder should have a Solvency equal to or more than 40% of the cost
of the proposed work certified by his bankers for this work. Banker’s certificates should be on
letter head of the Bank, self-attested and should have been issued within Six months from the
original last date of submission of the Bid.
(i) Debarment or blacklisting should not be in force by any public agency, Central / State
Government Department/Autonomous Body/PSU on last date of submission of the Bid. The
Bidder shall submit duly notarized affidavit to this effect, as per prescribed format (Form “G”).
(j) Bidding capacity: The Bidding capacity of the Bidder should be equal to or more than the
estimated cost of the work. The Bidding capacity shall be worked out by the following formula
(Form “J”):
Bidding Capacity = [A x N x M]- B
Where,
A = Maximum turnover in construction works executed in any one year during the last five
years ending on 31st March, taking into account the completed as well as works in
12 | P a g e
progress. The value of completed work shall be brought to current costing level by
enhancing at a simple rate of 7% per annum.
N = Number of years prescribed for completion of work for which Bids has been invited.
M = Multiplier factor (2.00 for works upto 500 crores and 1.5 for works more than 500
crores).
B = Value of existing commitments and ongoing works to be completed during the period
of completion of work for which tenders have been invited.
The Bidder shall submit the calculation sheet of tendering capacity as per above formula
1.5 Completion Period:
The total time allowed for carrying out the works will be as mentioned in Table-I above from the
date of start as defined in schedule ‘F’. However, the completion periods for various
buildings / components of work to be completed along with all associated E&M services &
utilities for functioning & operationalization of the different phases, from the date of start shall
be per the Milestones given as under: -
....... Months
13 | P a g e
one or more item(s) any number of times (he need not re-enter rate of all the items) but before the last
time of date of submission of Bids as notified.
1.11 Bid Security/ Earnest Money Deposit (EMD) shall have to be deposited by RTGS through available
gateway/net banking / e-tender portal as per details specified in the Bid Document.
1.12 E-Tender Fee/ Processing Fee and Earnest Money Deposit (EMD)
i. E-Tender Fee/ Processing Fee: The Bid can be submitted online only after paying the Processing &
Document Fee which is non-refundable. The amount shall be paid online through payment gateway
net banking/RTGS on e-tender portal i.e. www.etender.up.nic.in. Interested applicants are informed
that tender submission process will not move onward if the above amount is not paid through e-tender
portal. E-tender Fee / Processing Fee is non–refundable.
ii. Earnest Money Deposit (EMD): The amount Rs 50.00 lakhs shall be paid online through the payment
Gateway by net banking/RTGS on e-tender portal i.e. www.etender.up.nic.in and rest amount
Rs. ................ lakhs in the form of e-Bank Guarantee/Bank Guarantee from any Scheduled
Commercial Bank. Interested applicants are informed that tender submission process will not move
onward if the Earnest money is not paid through available gateway of the e-tender portal.
Micro and Small Enterprises registered with the National small Industries Corporation Limited, New Delhi
(NSIC) and in respect of which competency certificates are issued by the NSIC will be exempted from
furnishing earnest money deposit.
iii. Online Bid Documents submitted by intending Bidders shall be opened only of those Bidders, e-tender
Fee/Processing Fee submission is verified vide UTR no provided by them in online submission.
1.13 The Bid submitted shall become invalid and cost of Bid & e-Tender processing fee shall not be refunded
if:
(i) The Bidder is found ineligible.
(ii) The Bidder does not upload all the documents (including Goods &Service Tax (GST) registration,
PAN Card) as stipulated in the Bid Document.
(iii) If any discrepancy is noticed between the documents as uploaded at the time of submission of Bid
and hard copies as submitted physically in the office of tender opening authority.
1.14
a. The Technical Package Part-I, Part-II and Part-III and Financial Package as detailed in clause 2.3.6
of Section-II ITB shall be submitted online, and will be opened as per the schedule at Table-I above.
Technical Package Part-II” of only those tenderer(s), whose Earnest money & e-Tender
Fee/Processing Fee is found to be in order, shall be opened.
b. The hard copies of the documents (in original) referred at Clause 2.3.6 of Section- II ITB are to be
submitted in the office of Superintendent Engineer, Technical Cell, EPC Mission, Planning
Department, Lucknow before the Date & time for submission of hard copies of Bids.
1.15 The Technical Bid shall be opened first on due date and time as mentioned at Table- I above. The time and
date of opening of Financial Bid of Bidders qualifying the Technical Bid shall be communicated to
them at a later date.
1.16 The Bidder, whose tender is accepted, will be required to furnish performance guarantee, of the amount
and within the period, specified in Schedule F. This guarantee shall be in the form of Insurance Surety
Bonds, Fixed Deposit Receipt (FDR) or Banker’s Cheque or Demand Draft or Bank Guarantee of any
scheduled commercial bank based in India, in favour of Employer’s Representative as per Form C.
Performance Bank Guarantee to be valid up to sixty days beyond the stipulated date of
completion or the extended period, thereof.
1.17 In case the Bidder fails to deposit the said performance guarantee within the period as indicated in
schedule ‘F’, including the extended period if any, the earnest money deposited by the contractor shall
14 | P a g e
be forfeited automatically without any notice to the Bidder.
1.18 The Bidder whose Bid is accepted will also be required to furnish either copy of applicable licenses /
registration or proof of having made application for obtaining labour licenses, registration with EPFO,
ESIC and BOCW, Welfare Board including Provident Fund Code No., if applicable and also ensure
the compliance of aforesaid provisions by the sub-agencies, if any engaged by the Contractor for the
said work and Programme Chart (time and progress) within the period specified in Schedule ‘F’ of
GCC.
1.19 Performance Evaluation: Performance Evaluation of the Bidders for eligibility shall be done by the
tender inviting authority. If required, the works executed by the Bidders who otherwise qualify may
be got inspected by the tender inviting authority.
1.20 Bidders are advised to inspect and examine the site and its surroundings and satisfy themselves before
submitting their tenders as to the nature of the ground and sub- soil, the form and nature of the site, the
means of access to the site, the accommodation they may require and in general shall themselves obtain
all necessary information as to risks, contingencies and other circumstances which may influence or
affect their tender. A Bidder shall be deemed to have full knowledge of the site whether he inspects it
or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The
Bidder shall be responsible for arranging and maintaining at its own cost all materials, tools & plants,
water, electricity, access, facilities for workers and all other services required for executing the work
unless otherwise specifically provided for in the contract documents. Submission of a tender by a
Bidder implies that he has read this notice and all other contract documents and has made himself
aware of the scope and specifications of the work to be done and other conditions, factors etcetera
having a bearing on the execution of the work.
1.21 The Competent Authority for & on behalf of the Technical Cell, EPC Mission, Planning Department
does not bind itself to accept the lowest or any other tender and reserves to itself the authority to reject
any or all the tenders received without the assignment of any reason. All tenders in which any of the
prescribed condition is not fulfilled or any condition including that of conditional rebate is put forth
by the Bidder shall be summarily rejected.
1.22 Canvassing, whether directly or indirectly, in connection with tenders is strictly prohibited and the
tenders submitted by the contractors who resort to canvassing will be liable to rejection.
1.23 The Competent Authority for & on behalf of the Technical Cell, EPC Mission, Planning Department
reserves to himself the right of accepting the whole or any part of the tender and the Bidder shall be
bound to perform the same at the rate quoted by him for the same.
1.24 The Bidder shall not be permitted to tender for works in case his near relative is Gazetted officer in
the office of Technical Cell, EPC Mission, Planning Department /Client Department, UP or in the
Managerial Cadres of UPPWD and is directly dealing with the Project. Any breach of this condition
by the contractor would disqualify him from participation and consideration in the tender process.
1.25 No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or Administrative
duties in an Engineering Department of the Government of Uttar Pradesh/is allowed to work as a
contractor for a period of two years after his retirement from Government service, without the prior
permission of the Government of Uttar Pradesh in writing. This contract is liable to be cancelled if
either the contractor or any of his employees is found any time to be such a person who had not obtained
the permission of the Government of India as aforesaid before submission of the tender or engagement in
the contractor’s service.
1.26 The tender for the works shall remain open for acceptance for a period of 90 (Ninety) days from the
last date of submission of Bid or any extension thereto. If any Bidder withdraws his tender before the
said period or issue of letter of acceptance, whichever is earlier, or makes any modifications in the terms
and conditions of the tender which are not acceptable to the Technical Cell, EPC Mission, Planning
Department, then the Technical Cell, EPC Mission, Planning Department shall, without prejudice to
15 | P a g e
any other right or remedy, be at liberty to forfeit 100% of the said earnest money as aforesaid. Further the
Bidder shall not be allowed to participate in the re– tendering process of the work.
1.27 The scope of work envisages a number of specialized Civil/ Electrical/ Mechanical/ Electronic
Engineering services etcetera to be executed as integral part of this Contract. However, in case the
Bidder does not have in house capacity for execution of such component(s) of work and intends to
engage outside agency for execution, the Bidder shall ensure that such specialized agencies in each
case meets the eligibility criteria as per follows:
For Specialized works viz. HVAC System, STP, Lift, Fire Fighting, Solar PV System:
I. For Specialized works viz STP, Substation works etc
Experience of having successfully completed similar specialized works during last 7 years ending
last day of month previous to the one in which applications are invited should be either of the
following:
a. HVAC: One similar work having individual Chiller capacity not less than 150 TR OR Two similar
works having individual Chiller capacity not less than 90 TR.
b. STP: One similar work having capacity not less than 200 KLD SBR based STP OR Two similar
works each having capacity not less than 130 KLD SBR based STP.
c. For Fire Fighting System: Experience of having successfully completed similar specialized works
with atleast one no. of work involving supply & installation of firefighting system including
sprinklers, fire pumps & wet riser etcetera in a campus comprising of business/ institutional/
residential/ educational/ assembly buildings as classified in NBC.
d. For Lifts works: For Lifts, associated agency shall be as per the approved makes.
e. DG Set: One similar work having individual DG capacity not less than 900 KVA OR Two similar
works having individual DG capacity not less than 600 KVA.
f. Sub station : One similar work having individual transformer capacity not less than 2000 KVA or
Two similar works having individual transformer capacity not less than 1200 KVA
II. For specialized works as mentioned below approval from Engineer-in- Charge shall be sought
before commencement of work: -
i. Audio Visual System.
ii. WTP (Water Treatment Plant)
iii. LV works like Access Control System, LAN, IPBAX, CCTV, Fire Alarm & Detection, Public
Address, solar voltaic power generation system, Boom Barrier, etc( Only Civil and MEP works)
iv. Any other specialized works specified in Tender.
III. For all other specialized works, for which the contractor intend to engage a specialized agency
for execution of work, the contractor shall take approval of the Engineer-In-Charge before
assignment of such agency and should comply to the CVC guidelines for similar work.
1.28 Registration/ Licence: The Bidder should have their registration for GST, PF, ESIC, Building Cess
Registration etcetera, with the appropriate Authorities. In case the Bidder is not registered for PF,
ESIC, Building Cess Registration (except GST) etcetera, with the appropriate Authorities at the time
of submission of Bid, they will submit an undertaking that they will get themselves registered with
the concerned authorities in case they are awarded the work.
1.29 The Bidder will indemnify Technical Cell, EPC Mission, Planning Department/ executing agency, as
the case may be, against all penal action that may be levied/effected by any concerned authority for
default in any labour regulation/PF/ESI and other statutory requirements of the relevant Acts/Laws
related to the work of the contractor and will bear the legal charges, if any, and will pay the legal
16 | P a g e
charges/dues directly to the concerned authority. An undertaking in this regard is required to be submitted
by applicant along with their Bid.
1.30 GST or any other tax applicable in respect of inputs procured by the contractor for this contract shall be
payable by the Contractor and Technical Cell, EPC Mission, Planning Department/ executing agency
will not entertain any claim, whatsoever in respect of the same. However, component of GST at time
of supply of service (as provided in CGST Act) provided by the contract shall be varied if different
from that applicable on the last date of receipt of tender including extension if any.
1.31 This Notice Inviting e-Tender shall form a part of the contract document. The successful Bidder, on
acceptance of his e-tender by the Competent Authority for & on behalf of the Technical Cell, EPC
Mission, Planning Department/ executing agency, shall, within 30 days from the stipulated date of start
of the work, sign the contract consisting of the Notice Inviting Bids, all the documents including
General Conditions of the Contract, Specific Conditions of Contract, Specifications, Bill of Quantities
and drawings, if any, forming the e- tender as issued at the time of invitation of tender and acceptance
thereof together with any correspondence leading thereto including amendments, corrigendum etcetera,
if any.
1.32 Following shall also be part of the contract:
Standard forms as mentioned in Schedule “F” consisting of:
i. Various standard clauses with corrections upto the date stipulated in Schedule F along with
annexures there to.
ii. Safety Code.
iii. Rules for protection of health, sanitary arrangements for workers employed by the
executing agency or its contractors.
iv. Contractors Labour regulations
v. List of Acts and Omissions for which fines can be imposed.
1.33 Bid document consists of:
i. Volume – 1 (Notice Inviting e-Tenders (NIT) & Instructions to Bidders (ITB)
ii. Volume – 2 (General Conditions of Contract)
iii. Volume - 3 (Specific Conditions of Contract)
iv. Volume – 4 (Design Basis Report)
v. Volume – 5 (Technical Specifications)
vi. Volume– 6 (Tender Drawings)
vii. Volume – 7 (Financial Bid)
viii. All amendments(s)/ corrigendum, if any.
Technical Cell, EPC Mission, Planning Department reserves the right to accept or reject any or all the tenders
without assigning any reason, No Bidder shall have any cause of action or claim against Technical Cell, EPC
Mission, Planning Department for rejection of his/ all e-tender (s).
Chief Engineer,
Technical Cell,
EPC Mission, Planning Department,
Lucknow
17 | P a g e
SECTION-II
INSTRUCTIONS TO BIDDERS (ITB)
2 INTRODUCTION:
The eligibility Criteria is as at Section I (Notice inviting e-Tender). It may be noted that even if a Bidder
meets the eligibility criteria, the Technical Cell, EPC Mission, Planning Department/ executing agency
may, at their discretion and at any stage during the selection process or execution of the Project, on
discovering the facts & figures & finding that the information provided by the Contractor is Contrary
to Integrity pact, Technical Cell, EPC Mission, Planning Department/ executing agency shall order
disqualification of the contractor, if the Contractor’s debarment or blacklisting is effective by any
Central/State Government Department/ Autonomous Body/ PSU, even after Bids have been opened
and/or work awarded.
18 | P a g e
https://www.uppwd.gov.in, e-tender portal www.etender.up.nic.in.
2.3.3 Clarifications
A prospective Bidder requiring any clarification with regards to the BID document may notify the office
of Chief Engineer, Technical Cell, EPC Mission, Planning Department Lucknow in writing at the mailing
address indicated in Notice Inviting Bid or e-mail at [email protected]. Technical
Cell, EPC Mission, Planning Department Lucknow will respond any request for clarification which is
received within seven days from the date of availability of Tender document on-line. The responses
(including an explanation on the query but without identifying the source of the inquiry) upload on e-
tender portal www.etender.up.nic.in. Only written communication/clarification shall be considered as
valid
2.3.4 Amendment to BID Document
i. At any time prior to the deadline for the submission of Bids, Technical Cell, EPC Mission, Planning
Department, may, for any reason, whether at its own initiative or in response to a clarification or query
raised by prospective Bidders, modify the BID document by an amendment(s)/
addendum(s)/corrigendum(s).
ii. The said amendments in the form of the addendum/corrigendum will be made available on website
https://www.uppwd.gov.in, e-tender portal https:// www.etender.up.nic.in, at-least three (3) days prior to
the last date of the original or extended deadline for the submission of the Bids. The uploading of the
said amendment(s)/ addendum(s)/corrigendum(s) shall be binding on the Bidders. The Bidders are
advised to regularly visit above mentioned website to ensure that they are aware of the amendment(s)/
addendum(s)/corrigendum(s). The amendment(s)/addendum (s)/ corrigendum(s) issued will form part of
the BID documents.
iii. In order to provide prospective Bidders, reasonable time for preparing their Bids after taking into
account such amendments, addendum (s)/ corrigendum(s) the, Technical Cell, EPC Mission, Planning
Department may, at its discretion, extend the deadline for the submission of Bids.
2.3.5 Preparation of Bid:
a) Bidder’s responsibility:
i. The Bidder is solely responsible for the details of his Bid and the preparation of Bids.
ii. The Bidder is expected to examine carefully all the contents of BID document as mentioned in Notice
Inviting e-Tender including instructions, conditions, forms, terms, etcetera. and take them fully into
account before submitting his offer. Bids, which do not satisfy all the requirements, as detailed in these
documents, are liable to be rejected as being non - responsive.
iii. The Bidder shall be deemed to have inspected the Site and its surroundings and taken into account all
relevant factors pertaining to the Site, while preparing and submitting the Bid.
b) Project Inspection and Site Visit
Any Site information including the site survey, soil investigation report etcetera, given in this Bid
Document is for guidance only. The Bidder is advised to visit and examine the Site of works and its
surroundings at his/their cost and get/ obtain at his/their own responsibility, any information that may
consider necessary including conducting site survey, soil investigations, availability of electricity,
water and drainage, as applicable for preparing the Bid. Technical Cell, EPC Mission, Planning
Department shall not be liable for such costs, regardless the outcome of the selection process. The
Bidder has to obtain a Site Visit Certificate from the Engineer-in-charge and submit it along with
the Bid but non-submission of the same shall not form the ground for disqualification.
19 | P a g e
c) Documents Comprising the Bid
Bidders shall submit their Bids online. The hard copies of the documents as explained in Clause 2.3.6
are to be submitted separately. Hard copy is to be submitted in only one package ‘Technical Package’
(Hard Copy & Online). No ‘Financial Package’ is to be submitted. Any submission of the hard copy
comprising of ‘Financial Package’ shall be summarily rejected.
d) Alternative Proposal by Bidders:
Bidders shall submit offers that comply with the requirement of the Tender. Any Alternative
Proposal(s) will not be considered at all.
e) Method of Application:
i. If the Bidder is an individual, the application shall be signed by him above his/her full type written
name and current address.
ii. If the Bidder is a proprietary firm; the application shall be signed by the proprietor above his/her
full type written name and the full name of his firm with its current address.
iii. If the Bidder is a firm in partnership, the application shall be signed by all the partners of the firm
above their full type written names and current addresses or alternatively by a partner holding
power of attorney for the firm. In the later case a certified copy of the Power of Attorney should
accompany the application. In both the cases a certified copy of the partnership deed and current
address of all the partners of the firm should accompany the application.
iv. If the Bidder is a Limited company or a corporation, the Bid shall be signed by a duly authorized
person holding Power of Attorney for signing the application and certified copy of such power of
attorney shall also be furnished. The Bidder should also furnish a copy of memorandum of articles
of association duly attested by a Public Notary.
v. No Joint Venture shall be allowed to Bid.
f) Bid documentation
i. All information called for in the enclosed forms should be furnished against the relevant columns in
the forms. If for any reason, information is furnished on a separate sheet, this fact should be
mentioned against the relevant column. Even, if no information is to be provided in a column, a
‘Nil’ or ‘no such case’ entry should be made in that column. If any particulars/query is not
applicable in case of the Bidder, it should be stated as ‘Not applicable’. The Bidders are
cautioned that not giving complete information called for in the application forms or not giving
it in clear terms or making any change in the prescribed forms (or) deliberately suppressing the
information may result in the Bid being summarily disqualified. Bid made by telegram or telex
and those received late will not be entertained.
ii. The Bid should be type written. The Bidder should sign each page of application, forms and
documents before scanning & uploading.
iii. Over writing should be avoided. Corrections if any should be made by neatly crossing out,
initialing, dating and rewriting. Pages of the eligibility criteria document are numbered. Additional
Sheets if any added by the Bidder should also be numbered by him. They should be submitted as
a package with signed letter of transmittal.
iv. References, information and certificate from the Engineer-in-Charge certifying technical
knowledge or capability of the Bidder etcetera should be signed by an officer not below the rank of
Executive Engineer or equivalent.
v. The Bidder may furnish any additional information, which he thinks is necessary to establish his
20 | P a g e
capabilities to successfully complete envisaged work. He is, however advised not to furnish
superfluous information. No information shall be entertained after submission of eligibility
criteria document unless it is called for by the Technical Cell, EPC Mission, Planning Department,
Lucknow.
vi. If private works are shown in support of eligibility, certified copy of the tax deducted at source
certificate (TDS) shall be submitted along with the experience certificate and the TDS amount
shall tally with the actual amount of work done.
2.3.6 Contents of Packages (Bid Submission):
The tender/ Bid shall be submitted in two package i.e. Technical Package & Financial Package.
2.3.6.1 Technical Package:
The technical package, clearly labeled as “TECHNICAL PACKAGE”, is to be submitted in
three parts.
B. Technical Package, Part-1: e-Tender Fee / Processing Fee & EMD(Form-I).
This part shall consist of following: -
I. Original Non – Refundable e-Tender Fee / Processing Fee: - as per Table- I, only on the online
mode through payment gateway available on e- portal- https://www.etender.up.nic.in. The
Tender Fee / Processing Fee is non – refundable. Any physical submission of e-Tender Fee /
Processing Fee will be rejected.
II. Bid Security/Earnest Money Deposit: - as per Table- I, the amount up to Rs 50.00 lakhs shall
be paid online through the payment Gateway by net banking/RTGS on e-tender portal i.e.
www.etender.up.nic.in and rest amount Rs ............. lakhs in the form of e-Bank Guarantee/Bank
Guarantee from any Scheduled Commercial Bank. Interested applicants are informed that tender
submission process will not move onward if the Earnest money is not paid through available
gateway of the e-tender portal. The EMD Fee is refundable. Any physical submission of the
Earnest Money will be rejected.
a. The Bid Securities of Unsuccessful Bidders shall be discharged/ returned by Technical Cell,
EPC Mission, Planning Department, Lucknow not later than 30 days after the expiration of the
period of Bid Validity.
b. The Bid Security shall be forfeited if a Bidder withdraws his Bid during the period of Bid
validity or in the case of the Successful Bidder, if he fails to submit the necessary
performance security or fails to enter into the Contract within time limit specified in Schedule
‘F’.
c. The Bid Security of the Successful Bidder shall be returned after receipt of Performance Bank
Guarantee.
a. Form A: Form of Bid along with Appendix to be typed on the letter head and duly signed
and stamped by authorized person.
b. Form E: Format for Power of Attorney for signing of proposal. In case Bid is signed by
Managing Director/Partner/Proprietor himself, Power of Attorney is not required. It is
mandatory to mention on letterhead that the Bid is duly signed and stamped by Managing
21 | P a g e
Director / Partner / Proprietor.
e. Form ’T-1‘(Financial Information) – Annual Audited Financial Statements for the last five
years (Audited balance sheets and Statement of Profit & Loss Account along with notes to
accounts duly signed by Chartered Accountant shall be attached with this form for last five
financial years.
f. Form “T-2/1, T-2/2 & T-2/3” (List of all works successfully completed during the last seven years)
l. All pages of the entire Corrigendum/ addendum (if any)/ pre Bid clarifications (if any) signed by
the authorized person of the Bidder/Bidder
m. All TDS Certificates of Private Sector Projects for the works executed in India.
Envelope No. 1 and Envelope No. 2 should be kept in one single sealed envelope super-scribed
with Name of the Bidder and Name of the e- tender should be submitted to office of Chief
Engineer, Technical Cell, EPC Mission, Planning Department, Lucknow.
q. Form “T-2/1, T-2/2 & T-2/3” (List of all works successfully completed during the last seven
years)
22 | P a g e
v. Integrity Pact and Agreement duly signed by the person authorized to sign the Bid on behalf
of the Bidder. (As per Performa given in GCC, Vol-2).
w. All pages of the entire Corrigendum/ addendum (if any)/ pre Bid clarifications (if any) signed
by the authorized person of the Bidder/Bidder.
x. All TDS Certificates of Private Sector Projects for the works executed in India.
The Bidder must ensure to fill up rate against each item of Financial Bid. If any cell is left blank
then value of that cell shall be treated as “0” (ZERO). In event no rate has been quoted for any
item (s), it will be presumed that the contractor has included the cost of this/these items(s) in
other items and rate for such item(s) will be considered as zero and work will be required
to be executed accordingly.
The complete Bid shall be without alterations, overwriting, interlineations or erasures except
those to accord with instructions issued by Technical Cell, EPC Mission, Planning Department,
or as necessary to correct errors made by the Bidder. All amendments/corrections shall be
initialed by the person or persons signing the Bid.
2.3.7 Language of Bid
The Bid and all related correspondence and documents relating to the Project shall be in
English language only.
24 | P a g e
Bids in Notice Inviting e-Tender/extended date as the case may be, herein will not be considered
and will be returned unopened to the Bidder.
2.3.16 Power of Attorney:
Bidders shall submit, along with Technical Package, a Power of Attorney, on a stamp paper of
appropriate value, in favour of the person signing the Bid documents authorizing him to sign the Bid
documents, make corrections/ modifications thereto and interacting with Technical Cell, EPC
Mission, Planning Department and act as the contact person. The format for the power of attorney
shall be as per Form E of Bid Document Volume-I. In case Bids are signed by Managing
Director/Partner/Proprietor himself, Power of Attorney is not required.
In the event of tender being submitted by a firm, it must be signed separately by each partner
thereof or in the event of the absence of any partner, it must be signed on his behalf by a person
holding a Power of Attorney authorizing him to do so, such power of attorney to be produced
with the tender, and it must disclose that the firm is duly registered under the Indian Partnership
Act 1932.
In the event of tender being submitted by a Limited company or a corporation, it must be signed
by a duly authorized person holding power of attorney for signing the application and certified copy
of such power of attorney shall also be furnished. The Bidder should also furnish a copy of
memorandum of articles of association duly attested by a Public Notary.
26 | P a g e
abandoning the work, rescission of the contract for reasons which are attributable to non-performance
of the contractor, inordinate delays in completion, consistent history of litigation resulting in awards
against the contractor or any of the constituents, or financial failure due to bankruptcy, and so on.
The reasons other than non-performance, such as the most experienced partner (major partner) of
JV pulling out;
(III) On account of currency of debarment by any Government agency.
*****
28 | P a g e
SECTION-III
SCOPE OF WORK
3. Bids are invited for following scope of work:
The scope of work relates to “Construction of ..........................................................................................,
Uttar Pradesh, INDIA” on EPC Basis. The work is to be executed on Design, Engineering, Procurement &
Construction (EPC) basis including Defect Liability Period of three years after completion and handing over
in phases and up to the expiry of the defect liability period. Following major buildings/ blocks are to be
constructed with associated infrastructure along with other services utilities required for smooth functioning
of the project taking into consideration all statutory regulations:.
..........Months
Note: Broad scope of work is attached separately in Volume III.
3.1 Land: - The main approach road to the site is connected to ................................................................. The
proposed site for Construction of ................................................................................................, Uttar
Pradesh is approx. ......... Acre (......................... Sqm).
3.2 The Bidders shall be provided with a Master Plan of the complex, Concept Plans of the proposed buildings
in the complex, Technical specifications and other details forming the part of Bid documents. Based on
these drawings and documents, the Bidders shall prepare their detailed designs and in conformity with the
local Bye- laws. Any modification in the master plan and concept plan, required to meet the conformance
to the local bye laws, shall be done with the approval of the Client Department. The designing and
construction of Entrance Gates as per Master Plan are in scope of work of contractor. Facades of the
buildings need be developed as per approved views and no additional cost shall be paid for façade elements
like boxing, porches, arches etc.
3.3 In the Master Plan, there is provision for overall development of the land. However, present scope of work
involves Construction of .....................................................................................................................,
Uttar Pradesh as per Master Plan and concept designs with a total tentative Builtup area of .................
sqm. Besides these, all required MEP and other services, utilities, horticulture, landscaping, roads and
pavements, parking, pathways, sports facilities compound walls, watchman cabins, all gates (internal &
external), external development, drainages, signage etc. and all related utilities and as mentioned in the
Design Basis Report and otherwise taking into consideration w.r.t all statutory regulations as required for
development and functioning of campus are also included in the scope of work.
The tentative area details of the buildings/ blocks are as given below:
29 | P a g e
2) Facades of the buildings need be developed as per approved views and no additional cost shall
be paid for façade elements like boxing, porches, arches etc.
3) The Bidders shall be provided with a Master Plan of the complex, Concept Plans of the proposed
buildings in the complex, Technical specifications and other details forming the part of Bid
documents. Based on these drawings and documents, the Bidders shall prepare their detailed
designs and in conformity with the local Bye- laws. Any modification in the master plan and
concept plan, required to meet the conformance to the local bye laws, shall be done with the
approval of the Client Department.
3.4 Preliminary & Detailed Design:
i. Based on the details provided, as mentioned above, the Contractor shall prepare preliminary &
detailed design of all the building & services including external development and these shall be in
conformity with the Tender drawings, Technical Specifications, Design Basis Report and other
standards set forth in the contract document subject to applicable statutory bye-laws/ regulations as
listed below:
ii. Topographic Site Survey and Sub-Soil Investigation & submission of Site Survey Report & Sub-Soil
Investigation Reports to Engineer-In- Charge.
iii. Preparation & submission of Preliminary & Detailed Architectural design/drawings of various
buildings & blocks including preparation of Site Plan, Structural designs & drawings with complete
services etcetera in conformance with Master Plan & other Tender drawings, Design Basis Report
& General specifications for the work provided in the Tender Document with complete foundations
and sub-structure / structure with all furnishings and interiors including acoustics treatment. The
Contractor shall ensure that the drawings shall meet the requirements of the local bye-laws/ statutory
bodies etcetera
iv. The contractor shall prepare complete structural design drawings for foundations, superstructure,
services, and for other structures to be provided/constructed, as per the provision contained in IS
Codes / NBC 2016, taking into consideration the protection against seismic forces required for
earthquake resistance structures. The shear walls, due to structural requirement shall be provided, as
required.
v. The structural drawings shall be got approved by Engineer-in-Charge on recommendations by
PMC/Authority Engineer. The contractor shall ensure proof checking of structural designs and
drawings from IIT/NITs. After approval of the structural drawings by Engineer-in-Charge, if any
modification in design/drawing is needed, as per site conditions, the Contractor shall do/re- do
without any extra cost. This shall, however, not absolve the contractor from providing safe and sound
structure for the functional requirements.
vi. Scope of work shall include scheme finalization based on DBR, tender drawings, concept designs,
master plan etcetera detailed electrical load sheets, Equipment sizing, SLDs/Schematic for all MEP
services, Technical Submittals & GA Drawings of all MEP Equipment, Lighting/Energy Simulation
Reports for MEP Services, Detailed Water Requirement Sheet & Tank /Pump Sizing etcetera
vii. Preparation & submission of Preliminary & Detailed Design & drawings of all internal and external
services viz. Electricals including Provision of PA System under Fire detection, Fire Alarm &
firefighting, STP & Water Treatment Plant, etcetera & all other system as mentioned in DBR &
elsewhere in this Tender.
viii. Planning and designing of all external services like water supply, system for recycling of waste water,
installation of borewells, sewerage, drainage system, parking lots, internal campus roads, pathways,
and all connected sub-structures and superstructures within the premises, as per bye-laws and norms
of the local bodies including making connections with the peripheral services after getting the
services design approved from the local bodies/statutory bodies. UPPWD/Administrative department
role shall be limited only to sign the application / drawings / documents for submission to the local
bodies in the capacity of the owner for approval. In case of water supply, sewerage and drainage, the
cost of getting the scheme approved from service provider is included in the scope of work/bid. The
cost of connection of water supply lines/sewer lines from peripheral connection point/outfall sewer
shall also be borne by the Contractor apart from internal and external water supply/sewerage lines to
be laid to make the system of water supply and sewerage functional/complete. However, statutory
charges, if levied by the service provider towards cost of laying of their peripheral services shall only
be reimbursed by UPPWD / Administrative department on production of relevant documents by the
30 | P a g e
Contractor to the satisfaction of Engineer-in-charge.
ix. The necessary arrangements are to be provided for supply of water through dual pipe system i.e.
recycled water duly treated pumped through underground tanks to overhead tanks and piped to
flushing in each location/utility as directed by the Engineer-in-charge.
x. Planning and designing of bore wells, underground tanks, pump houses for water supply, for
firefighting tank including installing of pumps, standby pumps as per approved drawings/
specifications or as directed by Engineer-in-charge on recommendation of PMC/Authority
Engineer.
xi. Planning and designing of all electrical and mechanical services including related external services
for works such as HT/LT Electrical works, firefighting works, Internal electrification, LV works,
STP/WTP etcetera, as per bye-laws and norms of the statutory and local bodies including making
connections with the peripheral services after getting the services design approved from the local
bodies/statutory bodies. UPPWD’s role shall be limited only to sign the application / drawings/
documents for submission to the local bodies in the capacity of the owner for approval. However,
statutory charges, if levied by the service provider towards cost of providing services shall only be
reimbursed by UPPWD on production of relevant documents by the Contractor to the satisfaction of
Engineer-in-charge.
xii. Planning & designing of waste water recycle system, rain water drainage system including laying of
pipe lines and construction of related structures.
xiii. Preparation & submission of Preliminary & Detailed design & drawings for Landscaping &
Horticulture work, Main Entrance Gates, development plans showing Internal Roads, Pathways,
Parking lots, Paved areas, Court Yards Landscaping, Drains, Culverts, Compound walls, External
lighting arrangements, Under Ground Tanks, Internal & external Signage’s, etcetera complete.
xiv. Preparation of landscaping plan including planters and other details etcetera for the horticulture
works and execution of same including providing unfiltered/recycled water supply lines, construction
of pump houses and installation of pumps therein etcetera complete will be responsibility of
Contractor. Development of parks, if required, construction of its boundary wall, providing MS
railings (including painting), wicket gates, water hydrants, the grassing, creepers and planting trees
& relocation of existing trees within campus etcetera shall be completed as per the specification and
drawing approved by the Engineer-in-charge.
xv. Planning of designing of, MS gates, Wicket gates, Security Cabins, dustbins, sign boards, guide
maps, location boards, direction boards, etcetera all complete as per the drawing approved and
direction of Engineer-in-charge.
xvi. Setting up a Testing Laboratory at site equipped with the necessary apparatus needed for day-to-day
testing of construction materials during construction period as directed by the Engineer-in-charge.
xvii. Obtaining approval of Engineer-in-charge for all the Detailed/Preliminary Architectural, Structural
& Services drawings &designs.
xviii. Prepare and submit three-dimensional model(s )of 12′ x 15′ scale as and when required by the
Engineer-in-charge at no extra cost.
3.5 Statutory Approvals:
The Contractor shall obtain all required statutory approvals including pre- construction from
Municipal and other local bodies, Water supply agencies concerned, Electric Supply and
Inspectorate Agencies concerned, Police and Security Agencies, Chief Controller of Explosives,
Fire Department, Civil Aviation Department, in accordance to prevailing rules, Building Bye-
Laws, tree replantation etcetera, as the case may be with related to/ required for Construction/
Completion. If required then the contractor shall also assist and liaison for obtaining EIA approval.
These approvals shall include: -
i. Obtaining approval of all the competent authorities and other statutory bodies like Ministry
of Environment and forests, State Pollution Control Board, Air Force, civil aviation, railways
and local development bodies etcetera as applicable necessary according to the local Acts,
Laws, Regulations, etcetera and make any changes desired by such authorities at no extra
31 | P a g e
cost.
ii. Obtaining NOCs (No Objection Certificates) from Fire Department, Lift Inspector, Storm
water drainage & sewerage department, Municipal Corporation / Local Bodies, Civil
Aviation, Railways, EIA on completion and / or occupancy certificates etcetera
iii. Obtaining approval of electrical drawings from Central/State Electrical Inspectorate, as
applicable.
iv. Any other approval required from the appropriate Statutory Authorities/Local Bodies.
v. Compliance as per latest GRIHA norms and obtaining approval and certification for Green
Building Rating for the building from GRIHA Council etcetera
The executing agency may, at the written request of the Contractor, assist him in obtaining the
approvals from relevant authorities. However, any such request by the Contractor shall not bind
the executing agency in any manner. The original documents of approval shall be submitted to
the executing agency.
3.6 Green Building Rating approvals as per GRIHA
The scope of work shall also include the cost of all such activities. UPPWD aims at getting GRIHA rating
of 3 Star for the buildings in the Complex.
The contractor shall register and obtain the required GRIHA certification from the designated authority
and shall be required to provide all relevant documents, other inputs and take the appropriate measures
etc. during execution of work and thereafter obtain required GRIHA 3 Star rating, to enable executing
agency in achieving this objective.
3.7 Special care for existing services:
It may be noted that there may be some services crossing the construction area of the proposed new block.
The scope of work includes dismantling of services falling in the construction area and supporting/shifting
& making functional existing services/sewerage and water supply lines etcetera. The contractor shall
properly take care & safeguard all the existing services in the area affected by the construction of the
complex.in the area affected by the Construction of .....................................................................
...................., Uttar Pradesh, India.
32 | P a g e
SECTION IV
Evaluation Process
4. Evaluation Process:
The Bids will be evaluated in the following stages:
i. Stage 1-Preliminary & Technical Evaluation
ii. Stage2- Financial Evaluation
E-tender will be evaluated at each and every stage of evaluation process. The Bids will be evaluated in the
following stages:
Stage 1: Preliminary &Technical Evaluation
4.1.1. Preliminary Evaluation
In Preliminary Stage, e-Tender Fee/Processing Fee & EMD will be opened online first and Envelope No. 1 containing
proof of submission of e-Tender Fee / Processing Fee and EMD. Online Bids of only those Bidders will be opened
who have submitted Bids online on https://www.etender.up.nic.in. e-Tender Fee / Processing Fee and EMD will be
checked for veracity of Amount and Form as required by e-tender terms and conditions. If e- Tender Fee / Processing
Fee and/ or EMD submitted by any Bidder is not as per e-tender terms and conditions, his Bid will be rejected and
will not be considered for further stages of evaluation.
4.1.2. Technical Evaluation
a. Technical Bid
Envelope No. 2 containing hardcopies of technical documents in original as mentioned earlier in section – II will be
opened of only those Bidders who have qualified in the Preliminary Stage.
b. Technical Bid – Eligibility Criteria
Bidders qualifying in Stage 1(4.1.1 & 4.1.2 a.) will be considered for further evaluation and the Technical Bids shall
be evaluated as per eligibility criteria detailed in Clause 1.4 and Bidder’s eligibility for the work shall be
determined. If Bidder is not meeting with the minimum eligibility criteria as detailed in Clause 1.4, his Bid will be
rejected and will not be considered for further stages of evaluation.
c. Technical Evaluation - Performance of the Contractor
The Bidders qualifying the eligibility criteria (Clause 2.1) will be evaluated by evaluation methodology set out below.
Only in case of those Bids achieving the minimum qualifying marks, the Financial Bids will be opened.
d. Bidding capacity: The Bidding capacity of the Bidder should be equal to or more than the estimated cost of the
work. The Bidding capacity shall be worked out by the following formula:
Bidding Capacity = [A x N x M]- B
Where,
A = Maximum turnover in construction works executed in any one year during the last five years ending
on 31st March, taking into account the completed as well as works in progress. The value of
completed work shall be brought to current costing level by enhancing at a simple rate of 7% per
annum.
N = Number of years prescribed for completion of work for which Bids has been invited.
M = Multiplier factor (2.00 for works upto 500 crores and 1.5 for works more than 500 crores).
B = Value of existing commitments and ongoing works to be completed during the period of completion
of work for which tenders have been invited.
The Bidder shall submit the calculation sheet of tendering capacity as per above formula.
Financial strength (Form ‘T-1`’ &‘T-1 B’) Maximum 20 marks
Experience in similar nature of work during last seven years
(Form ‘T-2/1, T-2/2’ & T-2/3’) Maximum 20 marks
Performance on works (Form‘T-3’)– Time overrun Maximum 20 marks
33 | P a g e
Total 100 marks
34 | P a g e
To become eligible for short listing, the Bidder must secure at least 50 % or 60% marks( 50% for the projects
costing less than 100 cr & 60% for the projects costing more than 100 cr) in each attribute {(a), (b), (c) & (d)}
and 75% marks in overall aggregate.
Technical Cell, EPC Mission, Planning Department will carry out technical assessment of submitted technical
proposals to determine that the Tenderer has a full comprehension of the work of the contract. In case the
Tenderer’s technical submittal is found non- complaint with the requirements of the project the same is
liable to be rejected. This process is to assure that only technically acceptable proposals are considered for the
work.
Technical Cell, EPC Mission, Planning Department, however, reserve the rights to restrict the list of such
qualified Bidders to any number deemed suitable by it.
i. The financial Bid of only those Bidders who are technically qualified shall be opened.
ii. The financial Bids of Bidders whose technical Bids are found unacceptable shall be not be opened.
iii. Technical Cell, EPC Mission, Planning Department shall notify all the technically qualified Bidders of their
technical qualification indicating the date, time and venue for opening of financial Bids.
Stage 2: Financial Bid Evaluation
The evaluation of financial proposals by Technical Cell, EPC Mission, Planning Department will take into
account, in addition to the tender amounts, the following factors:
a. Arithmetical errors corrected by Technical Cell, EPC Mission, Planning Department
b. Such other factors of administrative nature as Technical Cell, EPC Mission, Planning Department may consider
having a potentially significant impact on contract execution, price and payments, including the effect of items
or rates that are unbalanced or unrealistically priced.
The financial proposal shall be processed as under:
i. Evaluation Committee shall open the Financial Bid of the technically qualified Bidders in the presence of the
Bidders/their authorized representative, who choose to attend, at the scheduled date and time.
ii. On opening the Financial Bids, the Evaluation Committee shall read out the Financial Bid to all the Bidders
and record the same.
iii. If a Bidder quotes nil rates against each item in the tender shall be treated as invalid and will not be considered
as lowest tenderer.
iv. All the Financial Bids shall then be ranked according to the Financial Bid in increasing order with the Bidder
quoting the least amount ranked L1, Bidder quoting next higher figure as L2 and so on.
v. If two more Bidders quote same lowest price, such lowest Bidders can be asked to submit sealed revised offer
and the revised offer should not be higher than their original quoted price. The lowest offer can be decided on
the basis of revised offer. If the revised offer is again found to be equal, then the lowest Bid of these Bidders
shall be decided by draw in presence of authorized representative of Bidders.
vi. L1 will be declared as Successful Bidder and his offer will be processed further.
Letter of Award:
The Successful Bidder would be notified in writing by executing agency by issuing the Letter of Award (LOA)
in favour of the Lowest (L1) Bidder. Technical Cell, EPC Mission, Planning Department will declare the Bidder
ranked L1 as Successful Bidder considering the Bid as mentioned in the NIT.
35 | P a g e
FORM – “A”
FORM OF BID
From (Bidder)
To
The Office of Chief Engineer,
Technical Cell, EPC Mission,
Planning Department, Lucknow
Name of Work: “Construction of Construction of .......................................................,
India” on EPC Basis
Sir,
Having visited the Site, ascertained the Site conditions and examined the General Conditions of
Contract as well as Specific Conditions of Contract, Notice Inviting Bids, Instructions to Bidders
etcetera and addenda for the above project, we the undersigned, are pleased to submit our technical and
financial Bid along with relevant documents.
1. We acknowledge that the Appendix forms an integral part of the Bid.
2. While preparing this Bid, we have gathered our own information and conducted our own
inquiry/survey to our satisfaction and we did not rely solely on the information provided in the
Bid Documents. We shall not hold Technical Cell, EPC Mission, Planning Department/ executing
agency responsible on any account in this regard.
3. We hereby certify that all the statements made and information supplied in the enclosed forms
and accompanying statements are true and correct.
4. We have furnished all information and details necessary for eligibility and have no further
pertinent information to supply.
5. We submit the requisite certified solvency certificate and authorize Superintending Engineer,
PMGSY, Lucknow to approach the Bank issuing the solvency certificate to confirm the
correctness thereof. I/We also authorize Superintending Engineer, PMGSY, Lucknow to
approach individuals, employers, firms and corporation to verify our competence, work
experience, and general reputation
6. We undertake, if our Bid is accepted, to commence the works within the stipulated time and to
complete the whole of the works comprised in the Contract within the stipulated time calculated
from the start date
7. If our Bid is accepted, we will furnish a bank guarantee as Performance Guarantee for the due
performance of the Contract. The amount and form of such guarantee or bond will be in
accordance with as given in the General Conditions of the Contract.
8. We are aware that in the event of delay in execution of the Project, beyond the agreed
timelines due to reasons attributable to us, liquidated damages shall be recovered from us.
9. Our Bid is valid for your acceptance for a period of NINETY DAYS from the last date of
submission of the Bid as per the Bid Documents or any extension thereto.
10. We agree to the General Conditions of Contract and Specific Conditions of Contract and the
terms and conditions mentioned in the Bid Documents.
11. We declare that the submission of this Bid confirms that no agent, middleman or any
intermediary has been, or will be engaged to provide any services, or any other item of work
related to the award of this Contract. We further confirm and declare that no agency commission
or any payment, which may be construed as an agency, commission has been, or will be, paid
36 | P a g e
and that the Bid price does not include any such amount. We acknowledge the right of
Technical Cell, EPC Mission, Planning Department/ executing agency /UPPWD, if it finds
anything to the contrary, to declare our Bid to be non-compliant and if the Contract has been
awarded to declare the Contract null and void.
12. We understand that you are not bound to accept the lowest or any Bid you may receive.
13. If our Bid is accepted, we understand that we are to be held solely responsible for the due
performance of the Contract.
14. We submit the certificates in support of our suitability, technical knowledge and capability
for having successfully completed the works.
15. We enclose;
a. All documents as per the checklist
b. Bank guarantee for Rs (Rupees only) issued by
It is certified that the information given by us towards meeting the requirement of the
eligibility to Bid are correct. It is also certified that I/We shall be liable to be debarred,
disqualified/ cancellation of enlistment in case any information furnished by me/us is found to
be incorrect.
37 | P a g e
Form A Appendix
i. (a) Amount of Performance 5 percent of the total contract price to be deposited and
Guarantee to be deposited by balance 2.5% to be retained from the running bills.
financially successful Bidder Also the additional Performance Guarantee for the
unbalanced Bid, if any.
(b) Amount of Security Deposit As per Clause 1 A of GCC
Iii Time for completion 18 Months Plus three years Defect Liability Period
including maintenance to make good all the defects.
Signature
(Authorized Signatory)
38 | P a g e
FORM ‘T-1’
FINANCIAL INFORMATION
1. Financial Analysis-Details to be furnished duly supported by figures in balance sheet, statement of
Profit & Loss account along with notes to accounts for the last five years duly certified by the Chartered
Accountant mentioning the firm registration number issued by ICAI along with the full address.
i) Gross Annual Turnover on construction works for last three consecutive financial years ending
31.03.2024
Financial Year Annual Turn Over in Indian Rupees (or equivalent to Indian Rupees)
as per Audited Balance Sheet
2020-21 Rs.
2021-22 Rs.
2022-23 Rs.
2. Current Assets
3. Total Liabilities
4. Current Liabilities
7. Net Worth
8. Bank solvency amount as mentioned in the bank solvency certificate (form “T- 1B”
Note:
1. In case of Bidders with Foreign Origin (Outside India), the financial years shall be as applicable for
the respective countries i.e., 2018, 2019, 2020, 2021 and 2022.
2. Net Worth shall mean the sum of subscribed and paid-up equity and reserves from which shall be
deducted the sum of revaluation reserves, miscellaneous expenditure not written off and reserves not
available for distribution to equity shareholders.
Signature of Chartered
Accountant with Seal
FRN Number Signature of Bidder.
39 | P a g e
FORM ‘T-1 B’
This is to certify that to the best of our knowledge and information that M/s./Shri
(Signature)
For the Bank
NOTE (1) Bankers certificates should be on letter head of the Bank, self-attested and should
have been issued within Six months from original last date of submission of the Bid.
(2) In case of partnership firm, certificate should include names of all partners as
recorded with the bank.
40 | P a g e
FORM ‘T-2/1’
DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED IN LAST
SEVEN YEARS ENDING PREVIOUS DAY OF LAST DATE OF SUBMISSION OF
BID
Name of the Bidder…………………………….
S. No. Details
1. Name of work / project and location
2. Owner/Client or sponsoring organization
3. Type of work (with respect to the eligibility criteria of this Bid)
4. Work Components [Please tick (√) in relevant box]
a RCC Framed Structure/Composite Structure
b Finishing Works
c Water Supply and sanitary installation works
d External development and Drainage
e Electrical installations
f Firefighting Works
g LV Works
h Lifts
i HVAC Works
5. No. of basements
6. No. of storeys
7. Height of building
8 Total Built up area
9 Cost of work on completion in Rs. Crores
1 Date of commencement as per contract
0
11. Stipulated date of completion
12. Actual date of completion
13. Date and No. of completion certificate
14. Ref. & Page No. of documentary proof of the detail missing in
completion certificate
15. *Litigation/ arbitration cases pending
/ in progress with details
16. Name and Address (Postal & E-mail) / telephone number of officer
to whom reference may be made
17. Whether the work was done on back to back basis
Certified that the above list of works is complete and no work has been left out and that the
information given is correct to my / our knowledge and belief.
SIGNATURE OF BIDDER(S)
WITH STAMP
SIGNATURE OF BIDDER(S)
WITH STAMP
42 | P a g e
Volume I NIT &
FORM ‘T-2/3’
DETAILS OF ELIGIBLITY OF “SIMILAR WORKS” COMPLETED DURING
LAST 7 (SEVEN) YEARS ENDING PREVIOUS DAY OF LAST DATE OF
SUBMISSION OF BID
Name of the Bidder…………………………….
S.No. Details
$
1. Name of work / project and location
2. Owner/ Client or sponsoring organization
3. Type of work (with respect to the eligibility criteria of this Bid)
4. Work Components [Please tick (√) in relevant box]
a RCC Framed Structure/Composite Structure
b Finishing Works
c Water Supply and sanitary installation works
d External development and Drainage
e Electrical installations
f Firefighting Works
g LV Works
h Lifts
i HVAC Works
5. No. of basements
6. No. of storeys
7. Height of building
8 Total Built up area
9. Cost of work on completion in Rs. Crores
10. Date of commencement as per contract
11. Stipulated date of completion
12. Actual date of completion
13. Date and No. of completion certificate
14. Ref. & Page No. of documentary proof of the detail missing in
completion certificate
15. *Litigation/ arbitration cases pending/ in progress with details
16. Name and Address (Postal & E-mail) / telephone number of officer
to whom reference may be made
17. Whether the work was done on back to back basis
Certified that the above list of works is complete and no work has been left out and that the
information given is correct to my/ our knowledge and belief.
SIGNATURE OF BIDDER(S)
WITH STAMP
*Indicate gross amount claimed and amount awarded by the Arbitrator.
$ Note: -Copy of work Orders and Completion Certificates of the above works should also be
submitted.
43 | P a g e
Volume I NIT &
FORM ‘T-3’
PERFORMANCE REPORT OF WORKS ISSUED BY EMPLOYER REFERRED TO IN FORM-T-2/1&2
1. Name of work / Project & Location
2. Agreement No.
3. Name of Contractor
4. Estimated Cost (excluding of GST)
5. Tendered Cost (excluding of GST)
6. Date of Start
7. Date of completion
i) Stipulated Date of Completion
(as mentioned in work order)
ii) Actual Date of Completion
8. i) Whether case of levy of compensation for delay Yes/ No.
has been decided or not
ii) If decided, amount of compensation levied for
delayed completion, if any.
9. Work Components [Please tick (√) in relevant box]
a) RCC Framed Structure/Composite Structure
b) Finishing Works
c) Water Supply and sanitary installation works
d) External development and Drainage
e) Electrical installations
f) Firefighting Works
g) LV Works
h) Lifts
i) HVAC Works
10. No. of basements
11. No. of storeys
12. Height of building
13. Total Built up area
14. Performance Report*
1) Quality of Work Outstanding /Very Good/Good/Satisfactory/Poor
* The Tender Inviting Authority shall have the power to get checked the veracity of the report regarding quality as
submitted in T3 & the report submitted by the authorized representative of Tender Evaluation Committee shall be
final as regards to the quality of works.
Dated :
Executive Engineer or Equivalent
44 | P a g e
Volume I NIT &
FORM ‘T-4’
STRUCTURE & ORGANIZATION
1. Name & Address of the Bidder
2. Telephone No. /Email id /Telex No./Fax
No.
(Information sent on this e mail shall be considered as
postage sent by registered post)
3. Legal status of the Bidder
(Attach copies of original document
defining the legal status).
a) An Individual
b) A proprietary firm
c) A firm in partnership
d) A limited company or Corporation
1.
2.
3.
5. Names and Titles of Directors & Officers with
designation to be concerned with this work.
45 | P a g e
Volume I NIT &
Form –“T-5”
TDS DETAILS FOR PRIVATE SECTOR PROJECTS FOR THE WORKS EXECUTED IN INDIA
Sl. No. Description Details
1. Name of work
2. Name of Clients
Note: Value of work done will be considered commensurate with value of TDS certificates.
In case of multiple contracts undertaken from a client, reconciliation for the TDS pertaining to
the work mentioned above need to be segregated and reconciled with From- 26AS.
This form need to be supported with form-26AS taken in HTML format or Form -16A.
Signature of Chartered
Accountant with Seal
FRN No. Signature of Bidder.
46 | P a g e
Volume I NIT &
Form- “T-6”
GST Registration Details
47 | P a g e
Volume I NIT &
Form ‘T- 7’
CRITERIA FOR EVALUATION OF THE PERFORMANCE OF BIDDERS/ CONTRACTORS FOR
ELIGIBILITY
Bidders qualifying the initial criteria as set out in para 2.2 will be evaluated for following criteria by
scoring method on the basis of details furnished by them.
A Financial strength (Form ‘T-1’ & ‘T-1B’)– Maximum 20 marks
B Experience in similar nature of work during last seven years (Form Maximum 20 marks
‘T- 2/1,2,3’)
C Performance on works (Form ‘T-3’) – Time over run Maximum 20 marks
D Performance on works (Form ‘T-3’) – Quality Maximum 40 marks
Total - 100 marks
To become eligible for short listing, the Bidder must secure at least 50% or 60% marks (50% marks for
projects costing less than 100 cr & 60 % marks for projects costing more than 100 cr) in each attribute and
minimum 75% marks in aggregate.
ATTRIBUTES EVALUATION
(a) Financial Strength (20 Marks)
Average Annual Turnover (16 (i) 50% or 60% (as the case may be) marks for minimum eligibility
Marks) criteria.
(ii) 100% marks for twice the minimum eligibility criteria or more
In between (i) & (ii) – on pro rata basis
Solvency Certificate (4 Marks) (i) 50% or 60% (as the case may be) marks for minimum eligibility
criteria.
(ii) 100% marks for twice the minimum eligibility criteria or more
In between (i) & (ii) – on pro rata basis
(b) Experience of similar class of (i) 50% or 60% (as the case may be) marks for minimum eligibility
works (20 marks) criteria.
(ii) 100% marks for twice the minimum eligibility criteria or more
In between (i) & (ii) – on pro rata basis
(c) Performance on works (Time over run) (20 Marks)
Parameter Calculation for Point Score Maximum
Points
If TOR= AT/ ST 1.0 2.0 3.0 >3.50 20
(i) Without Levy of compensation 20 15 10 10
(ii) With Levy of compensation 20 5 0 -5
(iii) Levy of compensation not decided 20 10 0 0
TOR = AT/ ST, where AT = Actual Time; ST = Stipulated Time sanctioned extension of time, if any.
Note: - Marks for value in between the stages indicated above is to be determined by straight line variation
method.
(d) Performance of Works (Quality) (40 Performance Marks
Marks) Outstanding 40
Very Good 35
Good 30
Satisfactory 25
Poor 0
48 | P a g e
Volume I NIT &
Marking Scheme for evaluation of bids of EPC contractors for Building Projects costing 50
crores to 100 crores
Name of Firm: M/s ………………………………
Name of the Proposed Work: Construction of……………. in U.P., India on EPC Mode.
Cost of the Proposed Project without GST (x) = ……………. Crores
80% of the Proposed Project Cost without GST (a)= …………… crores
50% of the Proposed Project Cost without GST (b)= …………….crores
40% of the Proposed Project Cost without GST (c)= ……….. crores
A. Marks for Financial Strength (Max. Marks: 20):
Average Annual Turnover on construction works (Max. 16 Marks) (past 03 financial years) (y) : ……. Crores
Whether Average annual turnover is more than 50% of the project cost?
a. If No, the bidder is Non-responsive.
b. If Yes:
Case (i): If Average Annual Turnover for last 03 years= 50% of the Project Cost
Marks for average annual turnover MT=16*50%=8 Marks
Case (ii): If 50% of the Project Cost < Average Annual Turnover for last 03 years < Project Cost
(𝑦−𝑏)∗(16−8)
Marks for average annual turnover MT=(8) +
𝑏
Case (iii): If Average Annual Turnover for last 03 years >= Project Cost
Marks for average annual turnover MT=16 Marks
Solvency of the firm (as mentioned on solvency certificate not older than 06 months) (Max. 4 marks)
(z)=………crores
Whether solvency is more than 40% of the project cost?
a. If No, the bidder is Non-responsive.
b. If Yes:
Case (i): If Solvency (z) = 40% of the Project Cost (c)
Marks for Solvency MS =50% of 4 Marks= 2 Marks
Case (ii): If 40% of the Project Cost (c) < Solvency (z) < 80% of the Project Cost (a)
(𝑧−𝑐)∗(4−2)
Marks for Solvency MS =2 +
(𝑎−𝑐)
Case (iii): If Solvency (z) >= 80% of the Project Cost (a)
Marks for Solvency MS =4 Marks
Total Marks for Financial Strength M1= MT+MS
If M1 is less than 10 marks (50% of 20 Marks), bidder is non-responsive.
Project Experiences (only building projects to be considered):
For each completed and handed over projects the following calculations should be done:
Cost of the Project (without GST)= ……………. crore
Date of Commencement: dd/mm/yyyy
Stipulated Date of Completion: dd/mm/yyyy
Date of Completion of Project: dd/mm/yyyy
Bid due date: dd/mm/yyyy
Number of years after completion (n) = (Bid Due Date- Date of Completion of Project)/365
49 | P a g e
Volume I NIT &
Total Marks for Experience in Similar Nature of Work, M2= (Sum of the marks obtained for each experience from
above marking scheme.)
If M2 is less than 10 marks (50% of 20 Marks), bidder is non-responsive.
C. Calculation of Marks for Performance on Works (Time Over Run) (Max. marks 20)
(These calculations are to be done only for those projects which are to be considered for evaluation)
Marks for performance on Works (Time Over Run) for substantially completed works:
Stipulated Time of Completion (ST)= (Stipulated date of Completion – Date of Commencement of Work)
Stipulated date of completion= date of completion + Extension of Time granted (if any)
Note: Extension of time granted (if any) should be clearly mentioned in the certificate issued by employer.
Actual Time of Completion (AT)= (Actual date of Completion – Date of Commencement of Work)
TOR= AT/ST
Case (i) If the project was handed over without levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−10)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=10.00
Case (ii) If the project was handed over with levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−5)
If 1>TOR>=2.00, Marks for performance on works MTOR= 20 − (2−1)
(𝑇𝑂𝑅−2)∗(5+5)
If 2>TOR=3.50, Marks for performance on works MTOR= 5 − (3.5−2)
If TOR>3.50, Marks for performance on works (Time over run) MTOR=-5.00
Case (iii) If the levy of compensation is not yet decided (work completed, EOT and Levy of Compensation under
active consideration of employer or if final Bill yet to be finalized by the department):
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−0)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=0.00
Marks for performance on Works (Time Over Run) for substantially completed works (for the cases where there is
no critical/noteworthy hindrance in completion of balance work.):
Stipulated Time of Completion (ST)= Duration of Project Completion*Physical Progress Percentage/100
50 | P a g e
Volume I NIT &
Actual Time of Completion (AT)= (Date of issuance of substantial completion certificate – Date of Commencement of
Work)
TOR= AT/ST
Case (i) Without levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−10)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=10.00
Case (ii) With levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−5)
If 1>TOR>=2.00, Marks for performance on works MTOR= 20 − (2−1)
(𝑇𝑂𝑅−2)∗(5+5)
If 2>TOR=3.50, Marks for performance on works MTOR= 5 − (3.5−2)
If TOR>3.50, Marks for performance on works (Time over run) MTOR=-5.00
Case (iii) Levy of compensation is not yet decided:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−0)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=0.00
Marks for Performance on Works (Time Over Run) M3= (Average of the marks for Performance On Works (Time
Over Run) calculated for each project to be considered for
evaluation.)
If M3 is less than 10 marks (50% of 20 Marks), bidder is non-responsive.
51 | P a g e
Volume I NIT &
Marking Scheme for evaluation of bids of EPC contractors for Building Projects costing 100
crores and above
Note: If escalated cost (CE) is more than 40% of the Cost of Proposed Work, only in that case Work Experience is to be
considered for further evaluation.
Total Marks for Experience in Similar Nature of Work, M2= (Sum of the marks obtained for each experience from
above marking scheme.)
If M2 is less than 12 marks (60% of 20 Marks), bidder is non-responsive.
C. Calculation of Marks for Performance on Works (Time Over Run) (Max. marks 20)
(These calculations are to be done only for those projects which are to be considered for evaluation)
Marks for performance on Works (Time Over Run) for substantially completed works:
Stipulated Time of Completion (ST)= (Stipulated date of Completion – Date of Commencement of Work)
Stipulated date of completion= date of completion + Extension of Time granted (if any)
Note: Extension of time granted (if any) should be clearly mentioned in the certificate issued by employer.
Actual Time of Completion (AT)= (Actual date of Completion – Date of Commencement of Work)
TOR= AT/ST
Case (i) If the project was handed over without levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−10)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=10.00
Case (ii) If the project was handed over with levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−5)
If 1>TOR>=2.00, Marks for performance on works MTOR= 20 − (2−1)
(𝑇𝑂𝑅−2)∗(5+5)
If 2>TOR=3.50, Marks for performance on works MTOR= 5 − (3.5−2)
If TOR>3.50, Marks for performance on works (Time over run) MTOR=-5.00
Case (iii) If the levy of compensation is not yet decided (work completed, EOT and Levy of Compensation under
active consideration of employer or if final Bill yet to be finalized by the department):
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−0)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=0.00
Marks for performance on Works (Time Over Run) for substantially completed works (for the cases where there is no
critical/noteworthy hindrance in completion of balance work.):
Stipulated Time of Completion (ST)= Duration of Project Completion*Physical Progress Percentage/100
53 | P a g e
Volume I NIT &
Actual Time of Completion (AT)= (Date of issuance of substantial completion certificate – Date of Commencement of
Work)
TOR= AT/ST
Case (i) Without levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−10)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=10.00
Case (ii) With levy of compensation for delay:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−5)
If 1>TOR>=2.00, Marks for performance on works MTOR= 20 − (2−1)
(𝑇𝑂𝑅−2)∗(5+5)
If 2>TOR=3.50, Marks for performance on works MTOR= 5 − (3.5−2)
If TOR>3.50, Marks for performance on works (Time over run) MTOR=-5.00
Case (iii) Levy of compensation is not yet decided:
If TOR<=1.00, Marks for performance on works (Time over run) MTOR=20.00
(𝑇𝑂𝑅−1)∗(20−0)
If 1>TOR>3.00, Marks for performance on works MTOR= 20 −
(3−1)
If TOR>=3.00, Marks for performance on works (Time over run) MTOR=0.00
Marks for Performance on Works (Time Over Run) M3= (Average of the marks for Performance On Works (Time Over
Run) calculated for each project to be considered for evaluation.)
If M3 is less than 12 marks (60% of 20 Marks), bidder is non-responsive.
54 | P a g e
Volume I NIT &
Form-B
FORM OF EARNEST MONEY DEPOSIT (BANK GUARANTEE BOND/eBG)
WHEREAS, Bidder...................(Name of Bidder) (herein after called "the Bidder”) has submitted his
Bid dated .............(date) …………………………………………………………………………. at district …………,
U.P., India” on EPC Mode (Name of work) (herein after called "the Bidder")
KNOW ALL PEOPLE by these presents that we ........................................... (Name of bank) having
our registered office at ................................. (herein after called "the Bank") are bound unto
……………. ....................................................................................................... in the sum of Rs.
......................... (Rs. in words .............................................. ) for which payment well and truly to be
made to the said ………………….., ................................................................................................,
the Bank binds itself, his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this .................day of .................
2. THE CONDITIONS of this obligation are:
(1) If after Bid opening ........... of Bid; the Bidder withdraws, his Bid during the period of
validity of Bid (including extended validity of Bid) specified in the Form of Bid;
(2) If the Bidder having been notified of the acceptance of his Bid by the
………………………………………………………….
(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Bidder, if required;
OR
(b) fails or refuses to furnish the Performance Guarantee, in accordance with the provisions of
Bid document and Instructions to Bidder,
We undertake to pay to the ………………………………………………. either up to the above amount or
part thereof upon receipt of his first written demand, without the ……………………………………….
having to substantiates his demand, provided that in his demand the
………………………………………………………. will note that the amount claimed by him is due to him
owing to the occurrence of one or any of the above conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date (*) after the deadline for submission of
Bid as such deadline is stated in the Instructions to Bidder or as it may be extended by the
………………………………………..., notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this Guarantee should reach the Bank not later than the above date.
(*) Date to be worked out on the basis of validity period of months from the last date of uploading the
Bid.
55 | P a g e
Volume I NIT &
Form-C
(On Required Non Judicial Stamp Paper)
FORM OF PERFORMANCE GUARANTEE BANK GUARANTEE
(On a stamp paper of appropriate value from any Nationalised Bank or Scheduled Bank)
To,
The Employer’s Representative
Dear Sir,
In consideration of the “Construction of Construction of ...............................................................,
India” on EPC Basis having awarded to M/s (hereinafter referred to as “the said Contractor
(s)”, which expression shall include his successor and assignees) for the work of
a Contract No in terms inter alia,
of the Letter No._ dated and the General Conditions of
Contract and upon the condition of the Contractor's furnishing Security for the performance of the
Contractor's obligations and discharge of the Contractor's liability under and in connection with the
said Contract upto a sum of Rs. (Rupees only) amounting to Rs.
percent of the total Contract value.
1. We, (hereinafter called ‘The Bank’ which expression
shall include its successors and assignees) hereby jointly and severally undertake to guarantee
the payment to the Employer in rupees forthwith on demand in writing and without protest or
demur or any and all moneys payable by the Contractor to the Employer in respect of or in
connection with the said Contract inclusive of all the Employer's losses and damages and
costs, (inclusive between attorney and the executing agency i.e. UPPWD) charges and
expenses and other moneys payable in respect of the above as specified in any notice of
demand made by the Employer to the Bank with reference to this guarantee upto an aggregate
limit of Rs. (Rupees only).
2. We Bank further agree that the Employer shall be sole judge of and as
to whether the said Contractor has committed any breach or breaches of any of the terms and
conditions of the said Contract and the extent of loss, damage, cost, charges and expenses
caused to or suffered by or that may be caused to or suffered by the Employer on account
thereof and the decision of the Employer that the said Contractor has committed such breach
or breaches and as to the amount or amounts of loss, damage, costs, charges and expenses
caused to or suffered by the Employer from time to time shall be final and binding on us.
3. The Employer shall be at liberty without reference to the Bank and without affecting the full
liability of the Bank hereunder to take any other Security in respect of the Contractor's
obligations and liabilities hereunder or to vary the Contract or the work to be done there under
vis-a-vis the Contractor or to grant time or indulgence to the Contractor or to reduce or to
increase or otherwise vary the prices of the total Contract value or to release or to forbear from
enforcement of all or any of the Security and/or any other Security(ies) now or hereafter held
by The Employer and no such dealing(s) reduction(s) increase(s) or other indulgence(s) or
arrangements with the Contractor or release or forbearance whatsoever shall absolve the bank
of the full liability to the
Employer hereunder or prejudice the rights of the Employer against the bank.
4. This guarantee shall not be determined or affected by the liquidation or winding up, dissolution,
or change of constitution or insolvency of the Contractor but shall in all respects and for all purposes
56 | P a g e
Volume I NIT &
be binding and operative until payment of all monies payable to the Employer in terms thereof.
5. The bank hereby waives all rights at any time inconsistent with the terms of this guarantee and the
obligations of the Bank in terms hereof shall not be anywise affected or suspended by reason of any
dispute or disputes having been raised by the Contractor stopping or preventing or purporting to stop
or prevent any payment by the Bank to the Employer in terms hereof.
6. The amount stated in any notice of demand addressed by the Employer to the Bank as liable to be paid
to the Employer by the Contractor or as suffered or incurred by the Employer on account of any losses
or damages or costs, charges and/or expenses shall be conclusive evidence of the amount so liable to be
paid to the Employer or suffered or incurred by the Employer as the case may be and shall be payable
by the Bank to The Employer in terms hereof.
7. This guarantee shall be a continuing guarantee and shall remain valid and irrevocable for all
claims of the Employer and liabilities of the Contractor arising upto and until midnight of .
9. This guarantee shall be in addition to any other guarantee or Security whatsoever that the
Employer may now or at any time anywise may have in relation to the Contractor's
obligations/or liabilities under and/or in connection with the said Contract, and the Employer
shall have full authority to have recourse to or enforce this Security in preference to any other
guarantee or Security which the Employer may have or obtain and no forbearance on the part
of the Employer in enforcing or requiring enforcement of any other Security shall have the
effect of releasing the Bank from its full liability hereunder.
10. It shall not be necessary for the Employer to proceed against the said Contractor before
proceeding against the Bank and the Guarantee herein contained shall be enforceable against
the Bank notwithstanding that any Security which The Employer may have obtained or obtain
from the Contractor shall at the time when proceedings are taken against the said bank
hereunder be outstanding or unrealised.
11. We, the said Bank undertake not to revoke this guarantee during its currency except with the
consent of the Employer in writing and agree that any change in the constitution of the said
Contractor or the said bank shall not discharge our liability hereunder.
12. We the said Bank further that we shall pay forthwith the amount stated in
the notice of demand notwithstanding any dispute/difference pending between the parties
before the arbitrator and/or that any dispute is being referred to arbitration.
13. Notwithstanding anything contained herein above, our liability under this guarantee shall be
restricted to Rs. (Rupees ) and this
guarantee shall remain in force till and unless a claim is made
on us within 3 months from that date, that is before all the claims under
this guarantee shall be forfeited and we shall be relieved of and discharged from our liabilities
there under.
57 | P a g e
Volume I NIT &
Form D
FORM OF AGREEMENT
This agreement is made at ---------- on the ---- day of----------- 2023 between Governor of Uttar Pradesh
represented through ...................................... (Employer/Representative of Employer of Working Agency
UPPWD/ UPRNN/C&DS), Government of Uttar Pradesh (hereafter referred to as "GoUP" which
expression shall, unless repugnant to the context or meaning thereof be deemed to mean and include
its successors, in office of the First Part.
………….…………………… (The officer not below the rank of Deputy Secretary of the Client
Department) Government of Uttar Pradesh (hereafter referred to as "GoUP" which expression shall,
unless repugnant to the context or meaning thereof be deemed to mean and include its successors,
in office of the Second Part.
M/s ------------------------------------- a Company incorporated under the Companies Act 1956 having Head
Office at --------------------------, through ............................. (hereinafter called the “Contractor” which
expression unless repugnant to the context shall mean and include its successors-in-interest assigns
in office) of the Third Part.
Whereas Working Agency (hereafter referred to as "(UPPWD/ UPRNN/C&DS)," is desirous that
certain works should be executed, for “……………….” At Lucknow , Uttar Pradesh, INDIA” on
EPC Basis (hereinafter called “The Project”) and has accepted a Tender submitted by the
contractor for the execution and completion of such works as well as guarantee of such works and
the remedying of defects therein.
NOW THIS AGREEMENT WITHNESSES as follows:
1. In this agreement words and expression shall have the same meanings as are respectively assigned to
them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and constructed as part of this agreement
Viz.
All the correspondence till award of contract i.e. addendum, LOA etcetera Technical and
Financial Bids submitted by Bidder.
3. In consideration of the payment to be made by Executing Agency (hereafter referred to as
Working Agency "(UPPWD/ UPRNN/C&DS) to the Contractor as hereinafter mentioned, the
Contractor hereby covenants with …………….. to executed and complete the Project by and
remedy and defects therein in conformity in all respects with the provisions of the Contract.
4. Executing Agency (hereafter referred to as Working Agency "(UPPWD/ UPRNN/C&DS)
58 | P a g e
Volume I NIT &
hereby covenants to pay the Contractor in consideration of the execution and completion of
the Project and the remedying of defects therein, the total Contract Price of Rs………………
…………………..only) being the sum stated in the letter of Award (LOA) subject to such additions
thereto or deductions there from as may be made under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
5. OBLIGATION OF THE CONTRACTOR
The Contractor shall ensure full compliance with tax laws of India with regard to this Contract
and shall be solely responsible for the same.
IN WITHNESS OF WEREOF the parties hereto have caused their respective common seals
to be hereunto affixed / (or have hereunto set their respective hands and seals) the day and year
first above written.
For and on behalf of the Contractor For and on behalf of the Governor For and on behalf of the Governor
of Uttar Pradesh( Working of Uttar Pradesh (Client
Agency) Department)
(Seal) (Seal)
Signature of the authorized official Signature of the authorized official Signature of the authorized official
Name of the Name of the Name of the official Stamp / Seal
Contractor Stamp / official Stamp /
Seal of the Seal
Contractor
59 | P a g e
Volume I NIT &
Form E
We hereby agree to ratify all acts, deeds and things lawfully done by our said attorney pursuant
to this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney
shall and shall always be deemed to have been done by us.
60 | P a g e
Volume I NIT &
FORM - F
UNDERTAKING (FOR SPECIALIZED AGENCY)
(On a Rs 100/- non judicial stamp paper duly notarized)
We do hereby undertake to engage a specialized agency after approval of executing agency
for undertaking the execution of specialized works whose minimum qualification shall be
as under:
For Specialized works viz. HVAC System, STP, Lift, Fire Fighting, Solar PV System:
I. For Specialized works viz STP, Substation works etc
Experience of having successfully completed similar specialized works during last
7 years ending last day of month previous to the one in which applications are
invited should be either of the following:
a. HVAC: One similar work having individual Chiller capacity not less than 150 TR
OR Two similar works having individual Chiller capacity not less than 90 TR.
b. STP: One similar work having capacity not less than 200 KLD SBR based STP OR
Two similar works each having capacity not less than 130 KLD SBR based STP.
e. DG Set: One similar work having individual DG capacity not less than 900 KVA
OR Two similar works having individual DG capacity not less than 600 KVA.
f. Sub station : One similar work having individual transformer capacity not less than
2000 KVA or Two similar works having individual transformer capacity not less
than 1200 KVA
II. For specialized works as mentioned below approval from Engineer-in- Charge
shall be sought before commencement of work: -
i. Audio Visual System.
ii. WTP (Water Treatment Plant)
iii. LV works like Access Control System, LAN, IPBAX, CCTV, Fire Alarm &
Detection, Public Address, solar voltaic power generation system, Boom Barrier,
etc( Only Civil and MEP works)
iv. Any other specialized works specified in Tender.
III. For all other specialized works, for which the contractor intend to engage a
specialized agency for execution of work, the contractor shall take approval of
the Engineer-In-Charge before assignment of such agency and should comply to
the CVC guidelines for similar work.
61 | P a g e
Volume I NIT &
Form G
AFFIDAVIT
(On a Rs 100/- non judicial stamp paper duly notarized)
1. I, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct.
2. The undersigned also hereby certificate our firm M/s _____________ have neither
abandoned any contract awarded to us nor such works have been rescinded, during the last
five years prior to the date of this application.
3. The undersigned also hereby confirmers that M/s does not stand
blacklisted/debarred/penalized by any government agency or public sector undertaking or
judicial authority/arbitration body.
4. The undersigned hereby authorize (s) and request (s) any bank, person, form or corporation
to furnish pertinent information deemed necessary and requested by the Department to
verify this statement or regarding my (our) competence and general reputation.
5. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the Technical Cell,
EPC Mission, Planning Department, Lucknow.
6. The undersigned undertake that ‘I/We have not altered/ modified the financial Bid
attached in the e-tender portal. If it is found during the tender stage or later that the BOQ
is modified by us, the Technical Cell, EPC Mission, Planning Department, shall have the
right to reject our Bid'.
Signed by an Authorised
Officer of the Bidder
62 | P a g e
Volume I NIT &
Form-“H”
UNDERTAKING
(On a Rs 100/- non judicial stamp paper duly notarized)
Signed by an Authorised
Officer of the Bidder
63 | P a g e
Volume I NIT &
Form-I
(To be submitted on a notarised Rs 100/- stamp paper)
64 | P a g e
Volume I NIT &
FORM-J
(On Rs100/- Non Judicial Stamp papers)
The Bidding capacity of the Bidder should be equal to or more than the estimated cost of
the work put to tender. The Bidding capacity shall be worked out by the following formula:
Where,
A = Maximum turnover in construction works executed in any one year during the last five
years ending on 31st March, taking into account the completed as well as works in progress.
The value of completed work shall be brought to current costing level by enhancing at a
simple rate of 7% per annum.
N = Number of years prescribed for completion of work for which Bids has been invited.
M = Multiplier factor (2.00 for works upto 500 crores and 1.5 for works more than 500
crores).
B = Value of existing commitments and ongoing works to be completed during the period
of completion of work for which tenders have been invited. (Value of B worked out from
“Form K”).
65 | P a g e
Volume I NIT &
FORM ‘K’
S. No. Details
1. Name of work / project and location
2. Owner or sponsoring organization
3. Cost of work in Rs. (in Crores)
4. Date of commencement as per contract
5. Stipulated date of completion
6. Up to Date % Financial Progress
7. Value of Balance Commitment to Complete work till
Period for which Bid Invited (Crore)
8. Slow progress if any and reasons thereof
It is to undertake that above is the total list of works under progress and information furnished is true and
nothing has been hiding. Further that, if such a violation comes for hiding information or incorrect information
to the notice of Department, then I/we shall be debarred for Bidding in Technical Cell, EPC Mission, Planning
Department in future forever.
Note:
1- In Row No 6 above, only the percentage of financial progress shall be mentioned. In substantiation of
financial progress, the Bidder shall submit the statement of up-to-date payment made against each work,
obtained from the Executive Engineer/Project Manager in charge of the work or by the chartered accountant.
66 | P a g e
Annexure -1 - Checklist
CHECK LIST OF DOCUMENTS TO BE SUBMITTED WITH THE BID
TECHNICAL PACKAGE – Hardcopy and Online
Mode of
Sl. No. Name of Document
submission
1. Receipt of online submission of 41654- (Rs Forty-one thousand six hundred fifty four In
only) as e-Tender Fee / Processing Fee, in favour of “---------------------------------" Original
in
2. Bid Security/EMD in favour of “---------------------------------" Envelope
3. Form of Bid and Appendix (Form A) for the Bid no. 1 &
4. submit
Power of Attorney (Form E) in favour of the person signing the Bid
Scanned
5. Undertaking for engaging specialized agencies (Form F) Copy
6. Online
Affidavit by Bidder (Form G) duly notarized on non-judicial of appropriate
value- stamp paper
7. Affidavit/ Indemnity / Undertaking (Form H)
8. Form “T-1” (Financial Information)
9. Form “T-1-B” (Solvency Certificate as per Clause 1.4)
10. Form “T-5” (TDS details for Private Sector Projects for the works executed
in India)
11. Form “T-2/1” (Details of Eligible Similar Works completed)
12. Form “T-2/2” (Details of Works Completed on EPC(Turnkey) basis)
13. Form “T-2/3” (DETAILS OF ELIGIBLITY OF “SIMILAR WORKS”
COMPLETED DURING LAST 7 (SEVEN) YEARS ENDING
PREVIOUS DAY OF LAST DATE OF SUBMISSION OF BID)
14. Form “T-3” (Performance Report of Works referred to in Form T-2/1, 2 & 3) In
Original
15. Form “T-4” (Structure and Organization) in
16. Form “T-6” (GST Registration Details) Envelope
no. 2 &
17. Copies of GST Registration or undertaking / EPF Registration/ PAN Number
submit
18. Integrity Pact Agreement duly signed by the authorized signatory on behalf Scanned
of the Bidder (as per proforma given in GCC Vol-2) Copy
19. Online
All pages of the entire Corrigendum/ addendum (if any)/ pre-Bid clarifications
(if any) signed by the authorized person of the Bidder/Bidder.
20. All TDS Certificates of Private Sector Projects for the works executed in India.
21. Form ‘J’ Form for Bidder’s Bidding Capacity
22. Form ‘K’ Project under Execution
23. Any other document as specified in the Bid document.
Note:- All the uploaded documents should be in readable, printable & legible form.
FINANCIAL PACKAGE: Online
Mode of
S. No Name of Document
submission
1. Digitally signed Bid / Price Bid (Financial Bids – Volume-7) Online
END OF VOLUME – 1
67 | P a g e
TECHNICAL CELL, EPC MISSION,
PLANNING DEPARTMENT, LUCKNOW
As Executing Agency of
Department of ....................................................,
Government of Uttar Pradesh
E-Tender For
“Construction of ...................................................................................,
Uttar Pradesh, India”
On EPC Basis
(............., 2024)
1|Page
Index
Sl. No Details Page
1 General Guidelines 3
2 Tender Form PWD-E.P.C. 4
3 General Rules and Directions 6
4 Conditions of Contract 10
5 Clauses of Contract 13
6 Integrity Pact 58
7 UPPWD Safety Code 63
8 Model Rules for the Protection of Health and Sanitary 67
Arrangements for Workers
11 Proforma of Schedules A to F 92
12 Reference of disputes and amount claimed for each dispute to the 106
Conciliator – Appendix XVII
2|Page
GENERAL GUIDELINES
Note :- In case of any discrepancies between Hindi and English version, English version shall prevail.
The clauses of GCC for EPC works 2022 as mentioned in the following document Shall be considered as
amended in Section 6 (Proforma of Schedules) Schedules A to F.
3|Page
GOVERNMENT OF UTTAR PRADESH
Lumpsum/Percentage Rate EPC Tender/Item Rate EPC Tender & Contract for Works
Tender and Contract for Works on EPC Mode
(A) Tender for the work of :-
............................................................................................................................................................
...........................................................................................................................................................
(i) To be uploaded by…………. hours on ………………….
(ii) To be opened in presence of tenderers who may be present at …………………. hours on …...........…….
in the office of ...................................................
TENDER
I/We have read and examined the notice inviting tender, schedule A, D, E & F Specifications, Drawings & Designs,
General Rules and Directions, Conditions of Contract, clauses of contract, Special conditions, Schedule of Rates, other
documents, regulations, Acts and Rules referred to in the conditions of contract and all other contents in the tender
document for the work.
I/We hereby tender for the planning, designing and execution of the work as per scope mentioned in this tender
document specified for the Governor of Uttar Pradesh within the time specified in Schedule 'F' viz., schedule of
quantities and in accordance in all respect with the applicable municipal byelaws , regulations, Acts, NGT guidelines,
specifications, designs, drawing and instructions in writing referred to in Rule-1 of General Rules and Directions and in
Clause 11 of the Conditions of contract and with such materials as are provided for, by, and in accordance with, such
conditions so far as applicable.
I/We agree to keep the tender open for days from the due date of its opening in case of single Bid system or… days from
the date of opening of technical Bid in case tenders are invited in 2 /3 Bid system for work and not to make any
modification in its terms and conditions.
I/We have deposited EMD for the prescribed amount in the office of concerned Executive Engineer as per the Bid
document.
A copy of earnest money deposit receipt of prescribed amount deposited in the form of Insurance Surety Bonds,
Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque or Bank Guarantee (as prescribed) issued by a
Commercial Bank, is scanned and uploaded (strike out as the case may be). If I/We, fail to furnish the prescribed
performance guarantee within prescribed period, I/We agree that the Governor of Uttar Pradesh or his successors, in
office shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely.
Further, if I/We fail to commence work as specified, I/ We agree that Governor of Uttar Pradesh or the successors in
office shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the said performance
guarantee absolutely. The said Performance Guarantee shall be a guarantee to execute all the works referred to in the
tender documents upon the terms and conditions contained or referred to those in excess of that limit at the rates to be
determined in accordance with the provision contained in Clause 12 of the tender form. Further, I/We agree that in case
of forfeiture of Earnest Money or Performance Guarantee as aforesaid, I/We shall be debarred for participation in the
re-tendering process of this work.
I/We undertake and confirm that eligible similar work(s) has/have not been got executed through another contractor on
back to back basis. Further that, if such a violation comes to the notice of department, then I/We shall be debarred for
tendering in NIYOJAN VIBHAG/UPPWD as per enlistment rules applicable. Also, if such a violation comes to the
notice of Department before date of start of work, the Engineer-in-charge shall be free to forfeit the entire amount of
Earnest Money Deposit/Performance Guarantee.
4|Page
I/We hereby declare that I/We shall treat the tender documents, drawings and other records connected with the work as
secret/confidential documents and shall not communicate information derived there from to any person other than a
person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the
safety & integrity of the State.
Address:
Occupation:
ACCEPTANCE
The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted by me for and on
behalf of the Governor of Uttar Pradesh for a sum of Rs. …………….......................................
(Rupees ...............................................................................................................................................
...........................................................................................................................................................)
The letters referred to below shall form part of this contract agreement:-
(a)
(b)
(c)
…............................
5|Page
GOVERNMENT OF UTTAR PRADESH
PUBLIC WORKS DEPARTMENT
General Rules & 1. All works proposed for execution by contract will be notified in the form of
Directions invitation to tender posted on website. This form will state the work to be carried
out, as well as the date for submitting and opening tenders and the time allowed for
carrying out the work, also the amount of earnest money to be deposited with the
tender, and the amount of the security deposit and Performance guarantee to be
deposited by the successful tenderer and the percentage, if any, to be deducted from
bills. Copies of the specifications, designs, drawings and any other document
applicable to the work shall be open for inspection by the contractor in the office of
officer inviting tender during office hours.
The work involves execution as per name of work under either EPC Mode I or
Mode II or Mode III as specified in Schedule F.
Mode I involves Engineering (preparation of Architectural, structural and services
design and drawings), procurement & construction by the contractor based on
conceptual architectural drawings attached with the tender documents;
Mode II involves part Engineering (preparation of structural and services design
and drawings), procurement & construction by the contractor based on Preliminary/
Conceptual Architectural design and drawings attached with the tender documents;
detailed Architectural design and drawings may be provided by the Engineer-in-
Charge in stages/ parts during execution.
Mode III involves procurement & construction by the contractor based on
Architectural, structural and services design and drawings attached with the tender
documents or to be provided by the Engineer-in-Charge in stages / parts during
execution.
The Type of building i.e Permanent or Semi-Permanent, based on the expected
economic life of the building, shall be as specified in Schedule-F.
Tenders invited in Mode I and Mode II are technology neutral. Bidders can choose
any of the approved technologies depending upon type of building, other suitability
conditions (such as seismic zone, number of storeys etc.) as per Schedule F under
Mode I and II as per structural design, subject further to the condition that the
structural system technologies categorized under Pre-cast Construction System and
adopted for buildings under Seismic Zone IV as per IS 1893(Part-I) :2016 amended
from time to time, shall have passed the full scale type testing for pseudo-static
reversed cyclic test as detailed below:
Pseudo-Static Reversed -Cyclic Test
The test shall be conducted on typical three storeys of multi-storey building, which
(a) are built with the full-scale components precast as per technology (b) are the
weakest and/or most flexible, and (c) have all the typical connections of the building
6|Page
in precast,
namely interior, exterior and corner wall to wall (vertical) connections, wall to
slab (horizontal) connections and wall to wall (horizontal) connections, if any, as
built in the original system with minimum four room layout plan.
The bottom of the first storey shall be connected to the strong floor of the test
facility, and the floors of the upper storeys to the Displacement-controlled
actuators of the requisite Displacement (and force) capacity. This proto-type shall
be loaded with the due vertical gravity load representing service level dead and
live loads. The profile of displacement loading shall be as per the force
distribution profile specified in IS 1893 (part I):2016 in the Equivalent Static
Method of design.
Displacement controlled loading: At least 3 loading cycles (Full positive and Full
negative) at Each of the displacement excursions of 0.1%, 0.2%, 0.3%,0.4%, 0.5%,
0.75%, 1%, 1.5%, 2%, 2.5%, 3%, 3.5%, 4%, 5% and 6% drift of specimen, or failure
of the specimen, whichever is earlier.
(i) 6% drift requirement is an upper limit. Actual drift is expected to be lesser
than 6% depending on:
Deformability of the building, and Flexibility of the connections.
The test may be stopped when either 6% drift or the maximum lateral force
of 3 times the design base shear is reached.
(ii) Pseudo-static reversed cyclic test does not require a Shake Table facility.
Number of samples and Frequency: One sample shall be tested unless the
structure shows premature failure before reaching at least 6% overall drift, either
elastically or in elastically. If the structure fails to meet 6% drift requirement, then
another sample be tested to reconfirm the failure pattern observed in the first
specimen. If both samples fail, said configuration of the technology shall not be
adopted in the work.
One test for every new type of connection system adopted shall be conducted. If
the connection type / combination of elements under approved technology are
changed, either in part or in full, the system will be treated as new.
The test should have been already got conducted from any government academic
institute of repute or government R&D organization in India.
The testing charges shall be borne by the contractor.
2. In the event of tender being submitted by a firm/company, it must be signed
separately by each partner/director thereof or in the event of the absence of any
partner/director, it must be signed on his behalf by a person holding a power of
attorney authorizing him to do so, such power of attorney to be produced with
the tender, and it must disclose that the firm/company is duly registered under
the applicable Indian Partnership Act 1932/ Companies Act 2013.
3. Receipts for payment made on account of work, when executed by a
firm/company, must also be signed by all the partners/directors, except where
contractors are described in their tender as a firm/company, in which case the
receipts must be signed in the name of the firm by one of the partners/directors
(duly authorized by the firm/company), or by some other person having due
7|Page
authority to give effectual receipts for the firm/company.
4. The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full
rupees by ignoring (less than and equal to) fifty paisa and considering more than
fifty paisa as rupee one. In case the lowest tendered amount (worked out on the
basis of quoted rate of Individual items) of two or more contractors is same, then
such lowest contractors
May be asked to submit sealed revised offer quoting rate of each item of the
Applicable for Item
Rate EPC Tender schedule of quantity for all sub sections/sub heads as the case may be, but the
(NIYOJAN revised quoted rate of each item of schedule of quantity for all sub sections/sub
VIBHAG/UPPWD - heads should not be higher than their respective original rate quoted already at the
EPC) time of submission of tender. The lowest tender shall be decided on the basis of
revised offer.
If the revised tendered amount (worked out on the basis of quoted rate of
individualitems) of two or more contractors received in revised offer is again found
to be equal, then the lowest tender, among such contractors, shall be decided by
draw of lots inthe presence of SE of the circle or CE of the zone, EE(s) in-charge of
major & minor component(s) (also DDH in case Horticulture work is also
included in the tender), and the lowest contractors those have quoted equal
amount of their tenders.
In case of any such lowest contractor in his revised offer quotes rate of any item
more than their respective original rate quoted already at the time of submission
of tender, then such revised offer shall be treated as invalid. Such case of revised
offer of the lowest contractor or case of refusal to submit revised offer by the
lowest contractor shall be treated as withdrawal of his tender before acceptance
and 50% of his earnest money shall be forfeited.
In case all the lowest contractors those have same tendered amount (as a result
of their quoted rate of individual items), refuse to submit revised offers, then
tenders are to be recalled after forfeiting 50% of EMD of each lowest
contractors.
Contractor, whose earnest money is forfeited because of non-submission of
revised offer, or quoting higher revised rate(s) of any item(s) than their
respective original rate quoted already at the time of submission of his Bid shall
not be allowed to participate in the retendering process of the work.
4A. In case of Percentage Rate EPC tenders, contractor shall fill up percentage below/
above (in figures as well as in words) the total estimated cost given in Schedule
of Quantities at Schedule-A, he will be willing to execute the work. The tender
submitted shall be treated as invalid if :-
I. The contractor does not quote percentage above/below on the total amount
of tender or any section/sub head of the tender.
II. The percentage above/below is not quoted in figures & words both on the
total amount of tender or any section/sub head of the tender.
III. The percentage quoted above/below is different in figures &words on the
total amount of tender or any section/sub head of the tender. Tenders, which
propose any alteration in the work specified in the said form of invitation to
tender, or in the time allowed for carrying out the work, or which contain
8|Page
any other conditions of any sort including conditional rebates, will be
Applicable for summarily rejected.
Percentage Rate
EPC Tender only 4B. In case the lowest tendered amount (estimated cost + amount worked on the basis
of percentage above/below) of two or more contractors is same, such lowest
contractors will be asked to submit sealed revised offer in the form of letter
mentioning percentage above/ below on estimated cost of tender including all
sub sections/sub heads as the case may be, but the revised percentage quoted
above/below on tendered cost or on each sub section/ sub head should not be
higher than the percentage quoted at the time of submission of tender. The lowest
tender shall be decided on the basis of revised offers.
In case any of such contractor refuses to submit revised offer, then it shall be
treated as withdrawal of his tender before acceptance and 50% of earnest money
shall be forfeited.
If the revised tendered amount of two more contractors received in revised offer
is again found to be equal, the lowest tender, among such contractors, shall be
decided by draw of lots in the presence of SE of the circle, or CE of the zone EE(s)
in-charge of major & minor component(s) (also DDH in case Horticulture work
is also included in the tender), & the lowest contractors those have quoted equal
amount of their tenders.
In case all the lowest contractors those have quoted same tendered amount,
refuse to submit revised offers, then tenders are to be recalled after forfeiting 50%
of EMD of each contractor. Contractor(s), whose earnest money is forfeited
because of non- submission of revised offer, shall not be allowed to participate
in the re-tendering process of the work.
5. The officer inviting tender or his duly authorized representative will open
tenders in the presence of any intending contractors who may be present at the
time of opening of tenders.
6. The officer inviting tenders shall have the right of rejecting all or any of the
tenders and will not be bound to accept the lowest or any other tender.
7. The receipt of an accountant or clerk for any money paid by the contractor will
not be considered as any acknowledgment or payment to the officer inviting
tender and the contractor shall be responsible for seeing that he procures a
receipt signed by the officer inviting tender or a duly authorized Cashier.
8. In the case of Item Rate EPC Tenders, only rates quoted shall be considered.
Any tender containing percentage below/above the rates quoted is liable to be
Applicable for Item rejected. Rates quoted by the contractor in item rate EPC tender in figures and
Rate EPC Tender words shall be accurately filled in so that there is no discrepancy in the rates
only (NIYOJAN
written in figures and words. However, if a discrepancy is found, the rates
VIBHAG/UPPWD - which correspond with the amount worked out by the contractor shall unless
EPC) otherwise proved be taken as correct. If the amount of an item is not worked out
by the contractor or it does not correspond with the rates written either in
figures or in words, then the rates quoted by the contractor in words shall be
taken as correct. Where the rates quoted by the contractor in figures and in
words tally, but the amount is not worked out correctly, the rates quoted by the
contractor will unless otherwise proved be taken as correct and not the amount.
In event no rate has been quoted for any item(s), leaving space both in figure(s),
word(s), and amount blank, it will be presumed that the contractor has included
the cost of this/these item(s) in other items and rate for such item(s) will be
9|Page
considered as zero and work will be required to be executed accordingly.
However, if a tenderer quotes nil rates against any item in item rate EPC tender,
the tender shall be treated as invalid and will not be considered as lowest tenderer
and earnest money deposited shall be forfeited.
9. In case of Percentage Rate EPC Tenders only percentage quoted shall be
considered. Any tender containing item rates is liable to be rejected. Percentage
quoted by the contractor in percentage rate EPC tender shall be accurately filled
in figures and words, so that there is no discrepancy.
10. In Percentage Rate EPC Tender, the tenderer shall quote percentage below/above (in
Applicable for figures as well as in words) at which he will be willing to execute the work. He
percentage Rate shall also work out the total amount of his offer and the same should be written in
EPC Tender only figures as well as in words in such a way that no interpolation is possible. In case
(NIYOJAN
of figures, the word 'Rs.' should be written before the figure of rupees and word 'P'
VIBHAG/UPPWD -
after the decimal figures, e.g. 'Rs. 2.15P and in case of words, the word 'Rupees'
EPC)
should precede and the word 'Paisa' should be written at the end.
11. (i) The Contractor whose tender is accepted, will be required to furnish
performance guarantee at specified percentage of the tendered amount as
mentioned in Schedule 'E' and within the period specified in Schedule F.
This guarantee shall be in the form of Insurance Surety Bonds, Account
Applicable for Payee Demand Draft, Fixed Deposit Receipt or Bank Guarantee of any
Percentage Rate Commercial Bank.
EPC Tender only
(NIYOJAN (ii) The contractor whose tender is accepted will also be required to furnish
VIBHAG/UPPWD - by way of Security Deposit for the fulfillment of his contract, an amount
EPC) equal to 2.5% of the tendered amount of the work. The Security deposit
will be collected by deductions from the running bills as well as final bill
of the contractor at the rates mentioned above. The Security amount will
also be accepted in the shape of Insurance Surety Bonds, Account Payee
Demand Draft, Fixed Deposit Receipt or Bank Guarantee from any of the
Commercial Banks will be accepted for this purpose provided
confirmatory advice is enclosed.
12. On acceptance of the tender, the name of the accredited representative(s) of the
contractor who would be responsible for taking instructions from the Engineer-
in-Charge shall be communicated in writing to the Engineer-in-Charge.
13. GST or any other tax applicable in respect of inputs procured by the contractor for
this contract shall be payable by the Contractor and Government will not
entertain any claim whatsoever in respect of the same. However, component of
GST at time of supply of service (as provided in CGST Act 2017) provided by
the contract shall be varied if different from that applicable on the last date of
receipt of tender including extension if any. Accordingly, payment or recovery
shall be done.
14. The contractor shall give a list of both gazetted and non-gazetted UPPWD
employees related to him.
15. The tender for composite work includes, in addition to building work, all other
works such as sanitary and water supply installations drainage installation,
electrical work,horticulture work, roads and paths etc.
(i) CONDITIONS OF CONTRACT
Definitions (ii) 1. The EPC Contract means the documents
10 | P a g e
forming the tender and acceptance thereof and the formal agreement executed
between the competent authority on behalf of the Governor of Uttar Pradesh and
the Contractor, together with the documents referred to therein including
conditions, specifications, designs, drawings and instructions issued from time
to time by the Engineer-in- Charge and all these documents taken together, shall
be deemed to form one contract and shall be complementary to one another.
(iii) In the contract, the following expressions shall, unless the context otherwise
requires, have the meanings, hereby respectively assigned to them:
(iv) The expression, works or work shall, unless there be something either in the
subject or context repugnant to such construction, be construed and taken to
mean the works by or by virtue of the contract contracted to be executed
whether temporary or permanent, and whether original, altered, substituted or
additional.
(v) The Site shall mean the land, places on, into or where work is to be executed
under the contract or any adjacent land, path or street or where work is to be
executed under the contract or any adjacent land, path or street which may be
temporally allotted or used for the purpose of carrying out the contract.
(vi) The Contractor shall mean the individual, firm or company, whether
incorporated or not, undertaking the works and shall include the legal personal
representative of such individual or the persons composing such firm or
company, or the successors of such firm or company and the permitted assignees
of such individual, firm or company.
(vii) The Governor means the Governor of Uttar Pradesh and his successors.
(viii)Government or Government of Uttar Pradesh shall mean the governor of Uttar
Pradesh.
(ix) The Engineer-in-charge means the Engineer Officer who shall supervise and be
in charge of the work and who shall sign the contract on behalf of the Governer
of Uttar Pradesh as mentioned in Schedule 'F' hereunder.
(x) The term Director General includes Special Director General/Additional
Director General/ Chief Engineer.
(xi) Accepting Authority shall mean the authority mentioned in Schedule F '.
(xii) Excepted Risk are risks due to riots (other than those on account of contractor's
employees), war (whether declared or not) invasion, act of foreign enemies,
hostilities, civil war, rebellion revolution, insurrection, military or usurped
power, any acts of Government, damages from aircraft, acts of God, such as
earthquake, lightening, unprecedented floods and other causes over which the
contractor has no control and accepted as such by the Accepting Authority or
causes solely due to use or occupation by Government of the part of the works in
respect of which a certificate of completion has been issued or a cause solely due
to Government's faulty design of works.
(xiii)Market Rate shall be the rate as decided by the Engineer-in-charge on the basis
of the cost of materials and labour at the site where the work is to be executed plus
applicable overheads and profits as mentioned in schedule F.
(xiv) Provided that no extra overheads and profits shall be payable on the part(s) of
work assigned to other agency(s) by the contractor as per terms of contract.
(xv) Schedule(s) referred to in these conditions shall mean the relevant schedule(s)
annexed to the tender documents or the standard Schedule of Rates of the
11 | P a g e
government mentioned in Schedule 'F' hereunder, with the amendments thereto
issued upto the date of receipt of the tender.
(xvi) Department means Niyojan Viabhag/UPPWD or any department of Government
of Uttar Pradesh which invites tenders on behalf of Governor of Uttar Pradesh as
specified in schedule 'F'.
(xvii) District Specifications means the specifications followed by the State
Government in the area where the work is to be executed.
(xviii) Tendered value means the value of the entire work as stipulated in the letter of
award.
(xix) Date of commencement of work: The date of commencement of work shall be the
date of start as specified in schedule ' F ' or the first date of handing over of the
site, whichever is later, in accordance with the phasing if any, as indicated in the
tender document.
Scope and
Performance (xx) GST shall mean Goods and Service Tax - Central, State and Inter State.
(xxi) Where the context so requires, words imparting the singular only also include
the plural and vice versa. Any reference to masculine gender shall whenever
required include feminine gender and vice versa.
(xxii) Headings and Marginal notes to these General Conditions of Contract shall not
Works to be be deemed to form part thereof or be taken into consideration in the
carried out interpretation or construction thereof or of the contract.
(xxiii) The contractor shall be furnished, free of cost one certified copy of the contract
documents except standard specifications, Schedule of Rates and such other
printed and published documents, together with all drawings as may be forming
part of the tender documents. None of these documents shall be used for any
purpose other than that of this contract.
Sufficiency of (xxiv) The work to be carried out under the Contract shall, except as otherwise
Tender provided in these conditions, include all labourers, materials, tools, plants,
equipment and transport which may be required for full and entire execution and
completion of the works. The descriptions given in the Schedule of Quantities
Discrepancies and (Schedule A) shall, unless otherwise stated, be held to include wastage on
Adjustment of materials, carriage and cartage, carrying and return of empties, hoisting, setting,
Errors fitting and fixing in position and all other labours necessary in and for the full
and entire execution and completion of the work as aforesaid in accordance with
good practice and recognized principles.
(xxv) The Contractor shall be deemed to have satisfied himself before tendering as to
the correctness and sufficiency of his tender for the works and of the rates quoted
in the Schedule of Quantities, which rates and prices shall, except as otherwise
provided, cover all his obligations under the Contract and all matters and things
necessary for the proper completion and maintenance of the works.
The several documents forming the Contract are to be taken as mutually
explanatory of one another, detailed drawings being followed in preference to
small scale drawing and figured dimensions in preference to scale and special
conditions in preference to General Conditions.
8.1 In the case of discrepancy between the schedule of Quantities, the
Specifications and/ or the Drawings, the following order of preference
shall be observed:
(i) Corrigendum, Prebid Meeting Minutes
12 | P a g e
(ii) Master Plan, Concept designs & Tender Drawings along with Design
Basis Report (DBR). In case of discrepancies between drawings &
DBR, drawings shall prevail over DBR.
(iii) Specific Conditions of Contract.
(iv) General Conditions of Contract, NIT, ITB.
(v) Technical Specifications.
(vi) CPWD Specifications.
(vii) Indian Standard Specifications of BIS
(viii) National Building Code, 2016 & ECBC.
(ix) Sound engineering practices and as per directions of the Engineer-in-
Charge.
8.2 If there are varying or conflicting provisions made in any one document
forming part of the contract, the Accepting Authority shall be the deciding
authority with regard to the intention of the document and his decision
shall be final and binding on the contractor.
8.3 Any error in description, quantity or rate in Schedule of Quantities or any
omission therefrom shall not vitiate the Contract or release the Contractor
from the execution of the whole or any part of the works comprised
Signing of Contract therein according to drawings and specifications or from any of his
obligations under the contract.
3. The successful tenderer/contractor, on acceptance of his tender by the
Accepting Authority, shall, within 15 days from the stipulated date of start of the
work, sign thecontract consisting of:
(i) The notice inviting tender, all the documents including drawings, if any,
forming the tender as issued at the time of invitation of tender and
acceptance thereof together with any correspondence leading thereto.
(ii) Standard CPWD/ UPPWD Form as mentioned in Schedule 'F' consisting of:
(a) Various standard clauses with corrections up to the date stipulated
in Schedule ' F ' along with annexures thereto.
(b) CPWD/ UPPWD Safety Code.
(c) Model Rules for the protection of health, sanitary arrangements for
workers employed by NIYOJAN VIBHAG/UPPWD or its
contractors.
(d) UPPWD Contractor's Labour Regulations.
(e) List of Acts and omissions for which fines can be imposed.
(iii) No payment for the work done will be made unless contract is signed by
thecontractor.
GENERAL CONDITION OF CONTRACTCLAUSES OF CONTRACT
Clause 1
(i) The contractor shall submit an irrevocable Performance Guarantee at specified
Performance percentage of the tendered amount as mentioned in Schedule 'E', in addition to
Guarantee other deposits mentioned elsewhere in the contract for his proper performance
of the contract agreement, (not withstanding and/or without prejudice to any
other provisions in the contract) within period specified in Schedule 'F' from the
date of issue of letter of acceptance. This period can be further extended by the
13 | P a g e
Engineer-in-Charge up to a maximum period as specified in schedule 'F' on written
request of the contractor stating the reason for delays in procuring the
Performance Guarantee, to the satisfaction of the Engineer-in-Charge. This
Guarantee shall be in the form of Insurance Surety Bonds, Account Payee Demand
Draft, Fixed Deposit Receipt or Bank Guarantee from any of the Commercial
Banks. In case a fixed deposit receipt of any Bank is furnished by the contractor to
the Government as part of the performance guarantee and the Bank is unable to
make payment against the said fixed deposit receipt, the loss caused thereby
shall fall on the contractor and the contractor shall forthwith on demand furnish
additional security to the Government to make good the deficit.
(ii) The Performance Guarantee shall be submitted by the contractor on format as
per GCC and shall be initially valid up to the stipulated date of completion plus
minimum 6 months beyond that. In case the time for completion of work gets
enlarged, the contractor shall get the validity of Performance Guarantee
extended to cover such enlarged time for completion of work. After recording of the
completion certificate for the work by the competent authority, the performance
guarantee shall be returned to the contractor, without any interest. However, in
case of contracts involving maintenance of building and services/any other work
after construction of same building and services/other work, then 50% of
Performance Guarantee shall be retained as Security Deposit. The same shall be
returned year wise proportionately.
(iii) The Engineer-in-Charge shall not make a claim under the performance
guarantee except for amounts to which the Governor of Uttar Pradesh is entitled
under the contract (notwithstanding and/or without prejudice to any other
provisions in the contract agreement) in the event of:
(a) Failure by the contractor to extend the validity of the Performance
Guarantee as described herein above, in which event the Engineer-in-
Charge may claim the full amount of the Performance Guarantee.
(b) Failure by the contractor to pay Governor of Uttar Pradesh any amount
due, either as agreed by the contractor or determined under any of the
Clauses/Conditions of the agreement, within 30 days of the service of
notice to this effect to the contractor by Engineer-in-Charge.
(iv) In the event of the contract being determined or rescinded under provision of any of
the Clause/Condition of the agreement, the performance guarantee shall stand forfeited in
full and shall be absolutely at the disposal of the Governor of Uttar Pradesh.
(v) On substantial Completion of any work which has been completed to such an
extent that the intended purpose of the work is met and ready to use, then a
provisional Completion certificate shall be recorded by the Engineer-in-Charge.
The provisional certificate so recorded shall be appended with a list of
outstanding balance items of work that need to be completed in accordance with
the provisions of the contract.
This provisional completion certificate shall be recorded by the concerned
Engineer- in- Charge with the approval of Superintending Engineer / Chief
Engineer, if required. After recording of the provisional Completion Certificate
for the work by the competent authority, the 80 % of performance guarantee
shall be returned to the contractor, without any interest.
However, in case of contracts involving Maintenance of building and services
/any other work after construction of same building and services/ other work, then
14 | P a g e
40% of performance guarantee shall be returned to the contractor, without any
interest after recording the provisional Completion certificate.
Clause 1A
The person(s) whose tender may be accepted (hereinafter called the contractor) shall
permit Government at the time of making any payment to him for work done under the
Recovery of Security
contract to deduct a sum at the rate of 2.5% of the gross amount of each running and
Deposit
final bill till the sum deducted will amount to security deposit of 2.5% of the tendered
amount of the work. Such deductions will be made and held by Government by way of
Security Deposit unless he/they has/have deposited the amount of Security at the rate
mentioned above in the form of Government Securities or fixed deposit receipts. In
case a fixed deposit receipt of any Bank is furnished by the contractor to the
Government as part of the security deposit and the Bank is unable to make payment
against the said fixed deposit receipt, the loss caused thereby shall fall on the
contractor and the contractor shall forthwith on demand furnish additional security to
the Government to make good the deficit.
All compensations or the other sums of money payable by the contractor under the
terms of this contract may be deducted from or paid by the sale of a sufficient part of
his security deposit or from the interest arising there from, or from any sums which
may be due to or may become due to the contractor by Government on any account
whatsoever and in the event of his Security Deposit being reduced by reason of any
such deductions as aforesaid, the contractor shall within 10 days make good by
submitting Account Payee Demand Draft, Fixed Deposit Receipt, Banker's Cheque of
commercial Banks or Government Securities (if deposited for more than 12 months)
endorsed in favour of the Engineer-in-charge any sum or sums which may have been
deducted from or raised by sale of his security deposit or any part thereof. The security
deposit shall be collected from the running bills and the final bill of the contractor at
the rates mentioned above.
The security deposit as deducted above can be released against bank guarantee issued
by a commercial bank, on its accumulations to a minimum of Rs. 5 lac subject to the
condition that amount of such bank guarantee, except last one, shall not be less than
Rs. 5 lac. Provided further that the validity of bank guarantee shall be in conformity
with provisions contained in clause 17 which shall be extended from time to time
depending upon extension of contract granted under provisions of clause 2 and clause
5.
In case of contracts involving maintenance of building and services/any other work
after construction of same building and services/other work, then 50% of Performance
Guarantee shall be retained as Security Deposit. The same shall be returned year wise
proportionately.
Note-1: Government papers tendered as security will be taken at 5% (five per cent) below
its market price or at its face value, whichever is less. The market price of Government
paper would be ascertained by the Engineer-in-charge at the time of collection of interest
and the amount of interest to the extent of deficiency in value of the Government paper
will be withheld if necessary.
Note-2: Government Securities will include all forms of Securities mentioned in Rule
No. 274 of the G.F. Rules except fidelity bond. This will be subject to the observance
of the condition mentioned under the rule against each form of security.
Note-3: Note 1 & 2 above shall be applicable for both clause 1 and 1A
15 | P a g e
Clause 2
If the contractor fails to maintain the required progress in terms of clause 5 or to
complete the work and clear the site on or before the stipulated completion date or
Compensation for justified extended date of completion determined as per clause 5 (excluding any
Delay extension under clause 5.5) also considering any extension granted under clauses 12
and 15, he shall, without prejudice to any other right or remedy available under the law
to the Government on account of such breach, pay as compensation, the amount
calculated as below :
(i) Compensation for delay of work@ 0.75% of accepted tendered amount per month
of delay (to be computed on per day basis)
Provided further that the total amount of compensation for delay to be paid
under this condition shall not exceed 5 % (five percent) of the accepted Tendered
Value of work or of the accepted Tendered Value of the Sectional part of work
as mentioned in Schedule 'F' for which a separate period of completion is
originally given.
The period of delay solely attributable to contractor shall be computed as the time taken
by contractor going beyond the 'justified date of completion' as determined by the
authority specified in schedule F under clause 5. Further, in case where the contractor is
entitled to additional time under clause 12 and /or clause 15, that shall also be
accounted for while deciding the net period of delay. In case, the authority specified in
schedule F decides to levy compensation during the progress of work, the period of
delay attributable to contractor shall be computed (by such authority) as the period by
which the progress is behind the schedule on date of such decision, after due
consideration of justified extension at that stage of work.
In case no compensation has been decided by the authority in Schedule 'F' during the
progress of work, this shall be no waiver of right to levy compensation by the said
authority if the work remains incomplete on final justified extended date of completion.
If the Engineer in Charge decides to give further extension of time allowing
performance of work beyond the justified extended date the contractor shall be liable to
pay compensation for such extended period. The levy of compensation under this
clause shall be without prejudice to the right of action by the Engineer-in-charge under
clause 3 or any other clause in contract.
In case action under clause 2 has not been finalized and the work has been determined
under clause 3, the right of action under clause 2 shall remain post determination of
contract and in such case the levy of compensation shall be for days the progress is
behind the schedule on date of determination, as assessed by the authority in Schedule
F, after due consideration of justified extension. The compensation for delay, if not
decided before the determination of contract, shall be decided after of determination of
contract. Further, in such case where the contract has been determined, the total
amount of recovery against compensation under clause 2 plus that under clause 3 (i.e.
forfeiture of security deposit, performance guarantee) shall not exceed 8 % of the
accepted tendered value of work.
The amount of compensation may be adjusted or set-off against any sum payable to
the Contractor under this or any other contract with the Government.
In case, the contractor does not achieve a particular milestone mentioned in schedule F,
or the re-scheduled milestone(s) in terms of Clause 5, the amount shown against that
milestone shall be withheld, to be adjusted against the compensation levied as above.
With-holding of this amount on failure to achieve a milestone, shall be automatic
16 | P a g e
without any notice to the contractor. However, if the contractor catches up with the
progress of work on the subsequent milestone(s), the withheld amount shall be
released. In case the contractor fails to make up for the delay in subsequent
milestone(s), amount mentioned against each milestone missed subsequently also shall
be withheld. The amount so withheld can be released against BG/ FDR from a
commercial bank of equivalent amount. Further, no interest, whatsoever, shall be
payable on such withheld amount.
Clause 3
Subject to other provisions contained in this clause, the Engineer-in-Charge may,
When Contract can without prejudice to his any other rights or remedy against the contractor in respect of
be Determined any delay, not following safety norms, inferior workmanship, any claims for damages
and/or any other provisions of this contract or otherwise, and whether the date of
completion has or has not elapsed, by notice in writing absolutely determine the
contract in any of the following cases:
(i) If the contractor having been given by the Engineer-in-charge a notice in writing
to rectify, reconstruct or replace any defective work or that the work is being
performed in an inefficient or otherwise improper or un-workman like manner
shall omit to comply with the requirement of such notice for a period of seven
days thereafter.
(ii) If the contractor has, without reasonable cause, suspended the progress of the
work or has failed to proceed with the work with due diligence and continues to
do so after a notice in writing of seven days from the Engineer-in-Charge.
(iii) If the contractor fails to complete the work or section of work with individual
date of completion on or before the stipulated or justified extended date, on or
before such date of completion; and the Engineer in Charge without any
prejudice to any other right or remedy under any other provision in the contract
has given further reasonable time in a notice given in writing in that behalf as
either mutually agreed or in absence of such mutual agreement by his own
assessment making such time essence of contract and in the opinion of
Engineer-in-Charge the contractor will be unable to complete the same or does
not complete the same within the period specified.
(iv) If the contractor persistently neglects to carry out his obligations under the
contract and/ or commits default in complying with any of the terms and
conditions of the contract and does not remedy it or take effective steps to
remedy it within 7 days after a notice in writing is given to him in that behalf by
the Engineer-in-Charge.
(v) If the contractor shall offer or give or agree to give to any person in
Government service or to any other person on his behalf any gift or
consideration of any kind as an inducement or reward for doing or forbearing to
do or for having done or forborne to do any act in relation to the obtaining or
execution of this or any other contract for Government.
If the contractor shall enter into a contract with Government in connection with which
commission has been paid or agreed to be paid by him or to his knowledge, unless the
particulars of any such commission and the terms of payment thereof have been
previously disclosed in writing to the Engineer-in-Charge.
(i) If the contractor had secured the contract with Government as a result of wrong
tendering or other non-bonafide methods of competitive tendering or commits breach
of Integrity Agreement.
(ii) If the contractor being an individual, or if a firm, any partner thereof shall at any time
17 | P a g e
be adjudged insolvent or have a receiving order or order for administration of his
estate made against him or shall take any proceedings for liquidation or composition
(other than a voluntary liquidation for the purpose of amalgamation or reconstruction)
under any Insolvency Act for the time being in force or make any conveyance or
assignment of his effects or composition or arrangement for the benefit of his creditors
or purport so to do, or if any application be made under any Insolvency Act for the
time being in force for the sequestration of his estate or if a trust deed be executed by
him for benefit of his creditors.
(iii) If the contractor being a company shall pass a resolution or the court shall make an
order that the company shall be wound up or if a receiver or a manager on behalf of a
creditor shall be appointed or if circumstances shall arise which entitle the court or the
creditor to appoint a receiver or a manager or which entitle the court to make a
winding up order.
(iv) If the contractor shall suffer an execution being levied on his goods and allow it to be
continued for a period of 21 days.
(v) If the contractor assigns (excluding part(s) of work assigned to other agency(s) by the
contractor as per terms of contract), transfers, sublets (engagement of labour on a piece-
work basis or of labour with materials not to be incorporated in the work, shall not be
deemed to be subletting) or otherwise parts with or attempts to assign, transfer, sublet or
otherwise parts with the entire works or any portion thereof without the prior written
approval of the Engineer -in-Charge. When the contractor has made himself liable for
action under any of the cases aforesaid, the Engineer-in-Charge on behalf of the
Governor of Uttar Pradesh shall have powers:
(a) To determine the contract as aforesaid so far as performance of work by the Contractor
is concerned (of which determination notice in writing to the contractor under the hand
of the Engineer-in-Charge shall be conclusive evidence). Upon such determination, the
performance guarantee shall stand forfeited in full, Security Deposit already recovered
and Security deposit recoverable shall be liable to be forfeited and shall be absolutely at
the disposal of the Government.
(b) After giving notice to the contractor to measure up the work of the contractor and to
take such whole, or the balance or part thereof, as shall be un-executed out of his hands
and to give it to another contractor to complete the work. The contractor, whose contract
is determined as above, shall not be allowed to participate in the tendering process for
the remaining work which may include any new items to complete the work. In the
event of above courses being adopted by the Engineer- in-Charge, the contractor shall
have no claim to compensation for any loss sustained by him by reasons of his having
purchased or procured any materials or entered into any engagements or made any
advances on account or with a view to the execution of the work or the performance of
the contract. And in case action is taken under any of the provision aforesaid, the
contractor shall not be entitled to recover or be paid any sum for any work thereof or
actually performed under this contract unless and until the Engineer-in-Charge has
certified in writing the performance of such work and the value payable in respect
thereof and he shall only be entitled to be paid the value so certified.
Clause 3A
In case, the work including planning designing and execution as per scope of contract
Contractor liable to
cannot be started due to reasons not within the control of the contractor within 1/8th of
pay compensation
even if action not the stipulated time for completion of work or 180 days whichever is higher, either
taken under party may close the contract by giving notice to the other party stating the reasons. In
Clause 3 such eventuality, the Performance Guarantee of the contractor shall be refunded within
30 days of closing of the contract.
18 | P a g e
Neither party shall claim any compensation for such eventuality. This clause is not
applicable for any breach of the contract by either party.
Clause 4
In any case in which any of the powers conferred upon the Engineer-in-Charge by
Clause3 thereof, shall have become exercisable and the same are not exercised, the non-
exercise thereof shall not constitute a waiver of any of the conditions hereof and such
powers shall notwithstanding be exercisable in the event of any future case of default by
the contractor and the liability of the contractor for compensation shall remain
unaffected. In the event of the Engineer-in-Charge putting in force all or any of the
powers vested in him under the preceding clause he may, if he so desires after giving a
notice in writing to the contractor, take possession of (or at the sole discretion of the
Engineer-in-Charge which shall be final and binding on the contractor) use as on hire
(the amount of the hire money being also in the final determination of the Engineer-in-
Charge) all or any tools, plant, materials and stores, in or upon the works, or the site
thereof belonging to the contractor or procured by the contractor and intended to be
used for the execution of the work/or any part thereof, paying or allowing for the same
in account at the contract rates, or, in the case of these not being applicable, at current
market rates to be certified by the Engineer-in-Charge, whose certificate thereof shall be
final, and binding on the contractor, clerk of the works, foreman or other authorized
agent to remove such tools, plant, materials, or stores from the premises (within a time to
be specified in such notice) in the event of the contractor failing to comply with any
such requisition, the Engineer-in-Charge may remove them at the contractor's expense
or sell them by auction or private sale on account of the contractor and his risk in all
respects and the certificate of the Engineer-in-Charge as to the expenses of any such
removal and the amount of the proceeds and expenses of any such sale shall be final
and conclusive against the contractor.
Time and Extension
for Delay Clause 5
The time allowed for execution of the Works as specified in the Schedule 'F' or the
extended time in accordance with these conditions shall be the essence of the Contract.
The execution of the work shall commence from such date as mentioned in schedule
'F' or from the date of handing over of the site, as notified by the Engineer-in-Charge,
whichever is later. If the Contractor commits default in commencing the execution of
the work as aforesaid and such default continues even after 10 days after a notice in
writing has been given by the Engineer in charge, the performance guarantee shall be
forfeited by the Engineer in Charge and shall be absolutely at the disposal of the
Government without prejudice to any other right or remedy available in law. The
contract shall stand determined when such decision regarding the forfeiture of the
performance guarantee is communicated to the contractor.
5.1.1 The contractor shall within 10 (ten) working days of award of work, submit a
time program to the Engineer-in Charge. Such program shall be made in due
consideration of:
(a) Schedule of handing over of site as specified in the Schedule 'F'
(b) Schedule of issue of designs as specified in the Schedule 'F',
Further, program shall be prepared using the mutually agreed format/software or in
other format/software as directed by Engineer-in-Charge. The said program shall be
in direct relation to the time stated in the Contract document for completion of
19 | P a g e
items of the works. It shall indicate the forecast of the dates of commencement and
completion of various trades/ sections of the work and may be amended as
necessary by agreement between the Engineer-in-Charge and the Contractor, within
the limitations of overall time imposed in the Contract documents.
5.1.2 The Engineer-in-Charge shall within 10 (ten) working days of receipt of such program,
make modifications, if any and communicate the approved program to the contractor.
In case of non- submission of construction program by the contractor, the program
prepared by the Engineer-in-Charge shall be deemed to be final. Such program by the
Engineer-in-Charge shall not relieve the contractor of any of the obligations under the
contract.
5.1.3 The contractor shall submit the progress report using the mutually agreed software or
in other format decided by Engineer-in-Charge for the work done during previous
month to the Engineer-in-charge on or before 5th day of each month, failing which a
recovery as per Schedule F shall be made as agreed compensation and shall be
recovered from the next running account bill without any notice.
5.2 Delays due to reasons beyond the control of both parties:
If the work(s) be delayed by:-
(i) force majeure, or
(ii) abnormally bad weather, or
(iii) serious loss or damage by fire, or
(iv) civil commotion, local commotion of workmen, strike or lockout, affecting any of
the trades employed on the work, or
(v) delay on the part of other contractors or tradesmen engaged by Engineer-in- Charge
in executing work not forming part of the Contract, or
(vi) any other cause like above which, in the reasoned opinion of the Engineer-in- Charge
is beyond the control of both parties then upon the happening of any such event
causing delay, the Contractor shall immediately give notice thereof in writing to the
Authority indicated in schedule F.
The said authority, on receipt of such notice, considering the factual ground
situation, give a fair and reasonable 'justified extension of time' and reschedule the
mile stones for completion of work.
The contractor shall have no claim of damages against the delays listed in this sub
clause i.e. sub clause 5.2. The contractor shall have no claim of damages for
extension of time granted or rescheduling of milestone/s for events listed in sub
clause 5.2.
5.3 Delays attributable to the Department and the Concurrent delays:
In case the work is hindered, by the Department or for any reason / event, for which
the Department is responsible, the Contractor shall immediately give notice
thereof to the authority indicated in schedule F. The said authority shall, after
verification of facts, give a fair and reasonable 'justified extension of time' and
reschedule the mile stones for completion of work. Such extension of time or
rescheduling of milestone/s shall be without prejudice to any other right or remedy
of the parties in contract or in law, provided further that for the concurrent delays
i.e. the delays occurring concurrently due to the defaults of both the parties, the
contractor be entitled for extension of time but shall have no claim of damages.
20 | P a g e
5.4 Rescheduling of milestones and 'Justified extended date'
The request for rescheduling the Mile stones or extension of time, shall be made
by the Contractor in writing within fourteen days of the happening of the event
causing delay on the prescribed forms i.e. Form of application by the contractor
for seeking rescheduling of milestones or Form of application by the contractor
for seeking extension of time (Appendix -XVI) to the authority as indicated in
Schedule 'F'. TheContractor shall indicate in such a request the period by which
rescheduling of milestone/s or extension of time is desired.
The authority as indicated in Schedule 'F', after examining the request, shall
give a fair and reasonable 'justified extension of time' for completion of work
and simultaneously reschedule the mile stones. In event of non-application by
the contractor for extension of time, the authority as indicated in schedule F,
after affording opportunity to the contractor, may give, fair and reasonable
justified extension and reschedule the milestones, within a reasonable period of
occurrence of the event causing delay. Such justified extension of time shall
determine the 'justified extended date' of completion of work.
5.5 Delays beyond the 'justified extended date'
(delays attributable solely to the contractor):
In case the work is delayed by reasons solely attributable to contractor i.e. for
the reasons beyond the events/reasons stated in clause 5.2 & clause 5.3,
requiring the execution of work beyond the 'justified extended date' (as stated in
clause 5.4), the authority indicated in schedule F, without prejudice to the
provisions under clause 3, may grant extension of time required for completion
of work without rescheduling the milestones and without altering the 'justified
extended date'. In such case, the contractor shall be liable for levy of
compensation for such delay/such period of extension of time (i.e. for the period
beyond the 'justified extended date' as determined in clause 5.4) and this default
of contractor shall be dealt in conjunction with clause 2 of contract document.
5.6 It is a term of contract that the authority indicated in schedule F while deciding
the extension of time case as per clause 5.1 to 5.5, shall also segregate the
overall period of delay in following categories:
(a) delays due to reasons beyond the control of both parties (under clause 5.2)
(b) delays attributable solely to the Department (under clause 5.3)
(c) concurrent delays (under clause 5.3)
(d) delays solely attributable to contractor (under clause 5.5)
5.7 Online record of hinderances:
The Engineer-in-Charge may require the contractor to give notice of hinderances on
any online system devised by him. All the notices of hinderances have to be
submitted through such online system by the contractor timely to claim extension
of time/ rescheduling of milestone(s). The contractor shall not be entitled for any
damages in case such online notices are not given timely by the contractor.
Computerized Clause 6
Measurement Book
Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
21 | P a g e
measurement the value of work done in accordance with the contract.
All measurements as per the stage payments mentioned in Schedule F having financial
value shall be entered by the contractor and compiled in the shape of the Computerized
Measurement Book having pages of A-4 size as per the format of the department so that a
complete record is obtained of all the stages of works performed under the contract.
All such measurements recorded by the contractor or his authorized representative from
time to time, during the progress of the work, shall be got checked by the contractor from
the Engineer-in-Charge or his authorized representative as per interval or program fixed
in consultation with Engineer-in-Charge or his authorized representative. After the
necessary corrections made by the Engineer-in-Charge, the measurement sheets shall be
returned to the contractor for incorporating the corrections and for resubmission to the
Engineer-in- Charge for the dated signatures by the Engineer-in- Charge and the
contractor or their representatives in token of their acceptance.
Whenever bill is due for payment, the contractor would initially submit draft
computerized measurement sheets and these measurements would be got checked/test
checked from the Engineer-in-Charge and/or his authorized representative. The contractor
will, thereafter, incorporate such changes as may be done during these checks/test checks
in his draft computerized measurements, and submit to the department a computerized
measurement book, duly bound, and with its pages machine numbered. The Engineer-in-
Charge and/or his authorized representative would thereafter check this MB, and record
the necessary certificates for their checks/test checks.
The final, fair, computerized measurement book given by the contractor, duly bound,
with its pages machine numbered, should be 100% correct. No cutting or over-writing in
the measurements would thereafter be allowed. If at all any error is noticed, the contractor
shall have to submit a fresh computerized MB with its pages duly machine numbered and
bound, after getting the earlier MB cancelled by the department. Thereafter, the MB shall
be taken in the Divisional Office records, and allotted a number as per the Register of
Computerized MBs. This should be done before the corresponding bill is submitted to the
Division Office for payment. The contractor shall submit two spare copies of such
computerized MB's for the purpose of reference and record by the various officers of the
department.
The contractor shall also submit to the Engineer-in-Charge separately his computerized
Abstract of Cost and the bill based on these measurements, duly bound, and its pages
machine numbered along with two spare copies of the bill. Thereafter, this bill will be
processed by the Division Office and allotted a number as per the computerized record in
the same way as done for the measurement book meant for measurements.
The contractor shall, without extra charge, provide all assistance with every appliance,
labour and other things necessary for checking of measurements by the Engineer-in-
Charge or his representative.
Except where any general or detailed description of the work expressly shows to the
contrary, measurements shall be taken in accordance with the procedure set forth in the
contract notwithstanding any provision in the relevant Standard Method of measurement
or any general or local custom.
The contractor shall give not less than seven days' notice to the Engineer-in-Charge or his
authorized representative in charge of the work before covering up or otherwise placing
beyond the reach of checking and/or test checking the measurement of any work in order
that the same may be checked and/or test checked and correct dimensions thereof be
22 | P a g e
taken before the same is covered up or placed beyond the reach of checking and/or test
checking measurement and shall not cover up and place beyond reach of measurement
any work without consent in writing of the Engineer-in-Charge or his authorized
representative in charge of the work who shall within the aforesaid period of seven days
inspect the work, and if any work shall be covered up or placed beyond the reach of
checking and/or test checking measurements without such notice having been given or
the Engineer-in-Charge's consent being obtained in writing the same shall be uncovered
at the Contractor's expense, or in default thereof no payment or allowance shall be made
for such work or the materials with which the same was executed.
Engineer-in-Charge or his authorized representative may cause either themselves or
through another officer of the department to check the measurements recorded by
contractor and all provisions stipulated herein above shall be applicable to such
checking of measurements or levels.
It is also a term of this contract that checking and/or test checking the measurements
of any item of work in the measurement book and/or its payment in the interim, on
account of final bill shall not be considered as conclusive evidence as to the sufficiency
of any work or material to which it relates nor shall it relieve the contractor from
Payment on
liabilities from any over measurement or defects noticed till completion of the defects
intermediate
liability period.
certificate to be
regarded as Clause 7
Advances
The running account bills shall be submitted by the contractor for the work executed on
the basis of such recorded measurements as per Clause 6 on the format of the
Department in triplicate on or before the date of every month fixed for the same by the
Engineer-in-Charge. The contractor shall not be entitled to be paid any such interim
payment if the gross work done together with net payment/ adjustment of advances for
material collected, if any, since the last such payment is less than the amount specified
in Schedule 'F', in which case the interim bill shall be prepared on the appointed date of
the month after the requisite progress is achieved. Engineer-in-Charge shall arrange to
have the bill verified In the event of the failure of the contractor to submit the bills, no
claims whatsoever due to delays on payment including that of interest shall be payable
to the contractor. Payment on account of amount admissible shall be made by the
Engineer-in-Charge certifying the sum to which the contractor is considered entitled by
way of interim payment at such rates as decided by the Engineer- in-Charge.
An amount of ad-hoc payment not less than 75% of the net amount of the bill under
check, shall be made within 10 working days of submission of the bill. The remaining
payment is also to be made after final checking of the bill within 28 working days of
submission of bill by the contractor. In case of delay in payment of intermediate bills
after 45 days of submission of bill by the contractor, provided the bill submitted by the
contractor found to be in order, a simple interest @ 5% (five percent) per annum shall be
paid to the contractor from the date of expiry of prescribed time limit.
All such interim payments shall be regarded as payment by way of advances against
final payment only and shall not preclude the requiring of bad, unsound and imperfect
or unskilled work to be rejected, removed, taken away and reconstructed or re-erected.
Any certificate given by the Engineer-in-Charge relating to the work done or materials
delivered forming If
the revised tendered amount (worked out on the basis of quoted rate of individual
items) part of such payment, may be modified or corrected by any subsequent such
certificate(s) or by the final certificate and shall not by itself be conclusive evidence that
23 | P a g e
any work or materials to which it relates is/are in accordance with the contract and
specifications. Any such interim payment, or any part thereof shall not in any respect
conclude, determine or affect in any way powers of the Engineer-in-Charge under the
contract or any of such payments be treated as final settlement and adjustment of
accounts or in any way vary or affect the contract.
Pending consideration of extension of date of completion, interim payments shall
continue to be made as herein provided without prejudice to the right of the
department to take action under the terms of this contract for delay in the completion of
work, if the extension of date of completion is not granted by the competent authority.
Clause 7A
Payment to third No Running Account Bill shall be paid for the work till the applicable labour licenses,
party registration with EPFO, ESIC and BOCW Welfare Board, whatever applicable are
submitted by the contractor to the Engineer-in-Charge.
Clause 7B
If the exigencies of the work so demand, the engineer-in-charge may allow payment to a
third party, who is creditor to the contractor, after fulfilling the following conditions.
(a) The contractor gives an authority letter addressed to the engineer-in-charge on a
non- judicial stamp paper of Rs.100 in the format given below.
I/We authorize the Executive Engineer,..................Division, UPPWD to pay
directly on my/our behalf to .............................................. (name of the third
party) an amount of Rs..................(Rupees ............................ in words) for the work
done or supplies made by .................................................. (name of the third
party). I/We shall be responsible for the quality and quantity of the same under
the provisions of agreement number .............
Signature of the
contractor
(b) The total payment to third party (or parties) shall not exceed 10% of the
agreement cost of the work.
Completion Full reasons for proposing such third party payment shall be recorded and prior
Certificate and written approval of the next higher authority shall be obtained before making
Completion Plans such payment.
Clause 8
Within ten days of the completion of the work, the contractor shall give notice of such
completion to the Engineer-in-Charge and within thirty days of the receipt of such
notice, the Engineer-in-Charge shall inspect the work and if there is no defect in the
work, shall furnish the contractor with a final certificate of completion, otherwise a
provisional certificate of physical completion indicating defects (a) to be rectified by
the contractor and/or (b) for which payment will be made at reduced rates, shall be
issued. But no final certificate of completion shall be issued, nor shall the work be
considered to be complete until the contractor shall have removed from the premises on
which the work shall be executed all scaffolding, surplus materials, rubbish and all huts
and sanitary arrangements required for his/their work people on the site in connection
24 | P a g e
with the execution of the works as shall have been erected or constructed by the
contractor(s) and cleaned off the dirt from all wood work, doors, windows,
walls, floor or other parts of the building, in, upon, or about which the work is to be
executed or of which he may have had possession for the purpose of the execution,
thereof, and not until the work shall have been measured by the Engineer-in-Charge. If
the contractor fails to comply with the requirements of this Clause as to removal of
scaffolding, surplus materials and rubbish and all huts and sanitary arrangements as
aforesaid and cleaning off dirt on or before the date fixed for the completion of work,
the Engineer-in-Charge may at the expense of the contractor remove such scaffolding,
surplus materials and rubbish etc., and dispose off the same as he thinks fit and clean
off such dirt as aforesaid, and the contractor shall have no claim in respect of
scaffolding or surplus materials or final cleaning work as aforesaid except for any sum
actually realized by the sale thereof.
Clause 8A
The contractor shall submit completion plans for Internal and External Civil, Electrical
and Mechanical Services within thirty days of the completion of the work.
In case, the contractor fails to submit the completion plan as aforesaid, he shall be
Completion Plans to liable to pay a sum of 0.1 % (zero point one percent) of Tendered Value or limit
be Submitted by the prescribed in Schedule F whichever is more as may be fixed by the authority as
Contractor mentioned in Schedule F and in this respect the decision of the that authority shall be
final and binding on the contractor.
Clause 9
The final bill shall be submitted by the contractor in the same manner as specified in
interim bills within three months of physical completion of the work or within one
month of the date of the final certificate of completion furnished by the Engineer-in-
Charge whichever is earlier. No further claims shall be made by the contractor after
submission of the final bill and these shall be deemed to have been waived and
extinguished. Payments of those items of the bill in respect of which there is no dispute
Payment of Final and of items in dispute, for quantities and rates as approved by Engineer-in-Charge,
Bill will, as far as possible be made within the period of three months the period being
reckoned from the date of receipt of the bill by the Engineer-in- Charge or his
authorized Asstt. Engineer.
If the final bill is submitted by the contractor within the period specified above and delay
in payment of final bills is made by the department after prescribed time limit, a
simple interest @ 5 % (five percent) per annum shall be paid to the contractor from the
date of expiry of prescribed time limit, provided the final bill submitted by the
contractor is found to be in order.
Clause 9A
Payments due to the contractor may, if so desired by him, be made to his bank, registered
financial, co-operative or thrift societies or recognized financial institutions instead of
direct to him provided that the contractor furnishes to the Engineer-in-Charge (1) an
authorization in the form of a legally valid document such as a power of attorney
conferring authority on the bank, registered financial, co-operative or thrift societies or
recognized financial institutions to receive payments and (2) his own acceptance of the
correctness of the amount made out as being due to him by Government or his
signature on the bill or other claim preferred against Government before settlement by
the Engineer-in-Charge of the account or claim by payment to the bank, registered
financial, co-operative or thrift societies or recognized financial institutions. While the
25 | P a g e
receipt given by such banks registered financial, co-operative or thrift societies or
recognized financial institutions shall constitute a full and sufficient discharge for the
payment, the contractor shall whenever possible present his bills duly receipted and
discharged through his bank, registered financial, co-operative or thrift societies or
recognized financial institutions.
Payment of Nothing herein contained shall operate to create in favour of the bank, registered
Contractors Bills to financial, co-operative or thrift societies or recognized financial institutions any rights
Banks or equities vis-a- vis the Governor of Uttar Pradesh.
Clause 10A
The contractor shall, at his own expense, provide all materials, required for the works
other than those which are stipulated to be supplied by the Government.
Materials to be The contractor shall, at his own expense and without delay supply to the Engineer-in-
provided by the Charge samples of materials to be used on the work and shall get these approved in
Contractor advance. All such materials to be provided by the Contractor shall be in conformity with
the specifications laid down or referred to in the contract. The contractor shall, if
requested by the Engineer-in- Charge furnish proof, to the satisfaction of the Engineer-
in-Charge that the materials so comply. The Engineer-in-Charge shall within thirty(30)
days of supply of samples or within such further period as he may require intimate to
the Contractor in writing whether samples are approved by him or not. If samples are
not approved, the Contractor shall forthwith arrange to supply to the Engineer-in-
Charge for his approval, fresh samples complying with the specifications laid down in
the contract. When materials are required to be tested in accordance with specifications,
approval of the Engineer-in-Charge shall be issued after the test results are received.
The Contractor shall at his cost submit the samples of materials to be tested or analyzed
and shall not make use of or incorporate in the work any materials represented by the
samples until the required tests or analysis have been made and materials finally
accepted by the Engineer-in-Charge. The Contractor shall not be eligible for any claim
or compensation either arising out of any delay in the work or due to any corrective
measures required to be taken on account of and as a result of testing of materials.
The contractor shall, at his cost, make all arrangements and shall provide all facilities as
the Engineer-in-Charge may require for collecting and preparing the required number of
samples for such tests at such time and to such place or places as may be directed by the
Engineer- in-Charge and bear all charges including testing charges. The Engineer -in-
Charge or his authorized representative shall always have access to the works and to all
workshops and places where work component is being prepared or from where
materials, manufactured articles or machinery are being obtained for the works and the
contractor shall afford every facility and every assistance in obtaining the right to such
access.
The Engineer-in-Charge shall have full powers to require the removal from the premises
of all materials which in his opinion are not in accordance with the specifications and in
case of default, the Engineer-in-Charge shall be at liberty to employ at the expense of
the contractor, other persons to remove the same without being answerable or
accountable for any loss or damage that may happen or arise to such materials. The
Engineer-in-Charge shall also have full powers to require other proper materials to be
substituted thereof and in case of default, the Engineer-in-Charge may cause the same to
be supplied and all costs which may attend such removal and substitution shall be borne
by the Contractor.
The contractor shall at his own expense, provide a material testing lab at the site for
26 | P a g e
conducting routine field tests. The lab shall be equipped at least with the testing
equipment as specified in schedule F.
Clause 10B
(i) The contractor, on signing an indenture form specified in appendix XV, shall be
Secured Advance on
entitled to be paid during the progress of the execution of the work up to 75% of
Materials
the assessed value of any materials, which are in the opinion of the Engineer-in-
charge non-perishable, non-fragile and non-combustible and are in accordance
with the contract and which have been brought on the site in connection
therewith and are adequately stored and/ or protected against damage by
weather or other causes but which have not at the time of advance been
incorporated in the works. When materials on account of which an advance has
been made under this sub-clause are incorporated in the work, the amount of such
advance shall be recovered/deducted from the next payment made under any of
the clause or clauses of this contract.
Such secured advance shall also be payable on other items of perishable nature,
fragile and combustible with the approval of the Engineer-in-charge provided
the contractor provides a comprehensive insurance cover for the full cost of
such materials. The decision of the Engineer-in-charge shall be final and binding
on the contractor in this matter. No secured advance, shall however, be paid on
high-risk materials such as ordinary glass, sand, petrol, diesel.
Mobilization (ii) Mobilization advances not exceeding 10% of the tendered value may be given,
advance if requested by the contractor in writing within six months of the order to
commence the work. Such advance shall be released in two or more installments
to be determined by the Engineer-in-Charge at his sole discretion. The first
installment of such advance shall be released by the Engineer-in-charge to the
contractor on a request made by the contractor to the Engineer-in-Charge in this
behalf. The second and subsequent installments shall be released by the
Engineer-in-Charge only after the contractor furnishes a proof of the satisfactory
utilization of the earlier installment(s) to the satisfaction of the Engineer-in-
Charge.
Before any installment of advance is released, the contractor shall execute Bank
Guarantee Bonds not more than 6 (six) in number from commercial Bank for the
amount equal to 110% of the amount of advance and valid for the period till
recovery of advance. This (Bank Guarantee from commercial Bank on
prescribed format for the amount equal to 110% of the balance amount of
Plant Machinery advance) shall be kept renewed from time to time to cover the balance amount
& Shuttering and likely period of complete recovery.
MaterialAdvance
(iii) An advance for plant, machinery & shuttering material required for the work
and brought to site by the Contractor may be given if requested by the contractor
in writing within one month of bringing such plant and machinery to site. Such
advance shall be given on such plant and machinery which in the opinion of the
Engineer-in-charge will add to the expeditious execution of work and improve
the quality of work. The amount of advance shall be restricted to 5% of the
tender value. In the case of new plant and equipment to be purchased for the
work, the advance shall be restricted to 90% of the price of such new plant and
equipment paid by the contractor for which the contractor shall produce
27 | P a g e
evidence satisfactory to the Engineer-in-Charge. In the case of second hand and
used plants and equipment, the amount of such advance shall be limited to 50%
of the depreciated value of plant and equipment as may be decided by the
Engineer-in- Charge. The contractor shall, if so required by the Engineer-in-
Charge, submit the statement of value of such old plant and equipment duly
approved by a Registered Valuer recognized by the Central Board of Direct
Taxes under the Income Tax Act, 1961. No such advance shall be paid on any
plant and equipment of perishable
nature and on any plant and equipment of a value less than Rs. 50,000/-. Seventy
five percent of such amount of advance shall be paid after the plant &
equipment is brought to site and balance twenty five percent on successfully
commissioning the same.
Leasing of equipment shall be considered at par with purchase of equipment
and shall be covered by tripartite agreement with the following:
(a) Leasing company which gives certificate of agreeing to lease equipment to
the contractor.
(b) Engineer in Charge, and
(c) The contractor.
This advance shall further be subject to the condition that such plant and
equipment
(a) Are considered by the Engineer-in-Charge to be necessary for the works; (b)
and are in working order and are maintained in working order; (c) hypothecated
to the Government as specified by the Engineer-in-Charge before the payment
of advance is released. The contractor shall not be permitted to remove from the
site such hypothecated plant and equipment without the prior written
permission of the Engineer in- Charge. The contractor shall be responsible for
maintaining such plant and equipment in good working order during the entire
period of hypothecation failing which such advance shall be entirely recovered
in lump sum. For this purpose, steel scaffolding and form work shall be treated
as plant and equipment The contractor shall insure the Plant and Machinery for
which mobilization advance is sought and given, for a sum sufficient to provide
for their replacement at site. Any amounts not recovered from the insurer will
be borne by the contractor.
(iv) The mobilization advance and plant and machinery advance in (ii) & (iii) above
bear simple interest at the rate of 8 percent per annum and shall be calculated
from the date of payment to the date of recovery, both days inclusive, on the
outstanding amount of advance. Recovery of such sums advanced shall be made
Interest & Recovery by the deduction from the contractors bills commencing after first ten percent of
the gross value of the work is executed and paid, on pro-rata percentage basis to
the gross value of the work billed beyond 10% in such a way that the entire
advance is recovered by the time eighty percent of the gross value of the contract
is executed and paid, together with interest due on the entire outstanding amount
up to the date of recovery of the installment.
(v) If the circumstances are considered reasonable by the Engineer-in-Charge, the
period mentioned in (ii) and (iii) for request by the contractor in writing for grant
of mobilization advance and plant and equipment advance may be extended at
Price adjustment for the discretion of the Engineer-in-Charge.
works
Clause 10CC
28 | P a g e
If the prices of materials and/or wages of labour required for execution of the work
increase, the contractor shall be compensated for such increase as per provisions
detailed below and the amount of the contract shall accordingly be varied, subject to
the condition that such compensation for escalation in prices and wages shall be
available only for the work done during the stipulated period of the contract including
the justified period extended under the provisions of clause 5 of the contract without
any action under clause 2. Such compensation for escalation in the prices of materials
and labour, when due, shall be worked out based on the following provisions:
(i) The base date for working out such escalation shall be the last stipulated date of
receipt of tenders including extension, if any.
(i) The cost of work on which escalation will be payable shall be reckoned as below :
(a) Gross value of work done up to this quarter : (A)
(b) Gross value of work done up to the last quarter : (B)
(c) Gross value of work done since previous quarter (C)= (A-B)
(d) Full assessed value of Secured Advance fresh paid in this quarter : (D)
(e) Full assessed value of Secured Advance recovered in this quarter : (E)
(f) Full assessed value of Secured Advance for which escalation Payable in
this quarter, (F)= (D-E)
(g) Advance payment made during this quarter: (G)
(h) Advance payment recovered during this quarter: (H)
(i) Advance payment for which escalation is payable in this Quarter (I)= (G-H)
(j) Amount paid based on prevailing market rates due to deviations/variations
as per clause 12 during this quarter:(J)
Then, M = C+F+I-J
Cost of work for which escalation is applicable(W)=0.85M
Components for materials, labour, etc. shall be pre-determined for every work
and incorporated in the conditions of contract attached to the tender documents
included in Schedule 'F'. The decision of the Engineer-in-Charge in working out
such percentage shall be binding on the contractors.
(ii) The following principles shall be followed while working out the
payment/recovery on account of variation of prices of materials and/ or wages of
labour.
(a) The compensation for escalation shall be worked out at quarterly intervals
andshall be with respect to the cost of work done as per bills paid during the
three calendar months of the said quarter. The date of submission of bill
by the contractor to the department shall be the guiding factor to decide
the bills relevant to the quarterly interval. The first such payment shall be
made at the end of three months after the month (excluding the month in
which the letter of commencement of work is issued by the Engineer-in-
Charge) and thereafter at three months' interval. At the time of completion
of the work, the last period for payment might become less than 3 months,
depending on the actual date of completion.
29 | P a g e
(b) The indices as defined below (excluding LI) relevant to any quarter/period
for which such compensation is to be paid shall be the arithmetical average
of the indices relevant to the three calendar months. If the period up to the
date of completion after the quarter covered by the last such installment of
payment, is less than three months, the indices shall be the average of the
indices for the months falling within that period.
(c) The minimum wage of an unskilled Mazdoor shall be the higher of the
wage notified by Government of India, Ministry of Labour and that
notified by the local administration both relevant to the place of work and
the period of reckoning.
(d) The escalation for labour also shall be paid at the same quarterly intervals
when escalation due to increase in cost of materials is paid under this
clause. If such revision of minimum wages takes place during any such
quarterly intervals, the escalation compensation shall be payable at
revised rates only for work done in subsequent quarters;
(e) Irrespective of variations in minimum wages of any category of labour,
for the purpose of this clause, the variation in the rate for an unskilled
Mazdoor alone shall form the basis for working out the escalation
compensation payable on the labour component.
(iii) In the event the price of materials and/or wages of labour required for execution of
the work decreases, there shall be a downward adjustment of the cost of work so
that such price of materials and/or wages of labour shall be deductible from the
cost of work under this contract and in this regard the formula herein stated
below under this Clause 10CC shall mutatis mutandis apply.
(iv) The contract price shall be adjusted for increase or decrease in rates and prices of
labour, cement, steel reinforcement bar, fuel and lubricants and other input
materials as per percentage of materials/labour specified in schedule F and in
accordance with the principles, procedures and formulae specified below:
(a) Price adjustment for change in cost shall be paid in accordance with the following
formulae:
(b) For Construction:
(c) VW= W*(1/100)*[CP * (CI-CO)/CO + LP* (LI-LO)/LO+CMP*(CMI-CMO)/
CMO+EMP*(EMI-EMO)/ EMO +FP* (FI-FO)/FO+SP* (SI- SO)/SO+ Bp *(BI- Bo)/
BO]
(d) For Maintenance:
VW= W *(1/100)*[LP* (LI-LO)/LO +CMP* (CMI-CMO)/CMO+EMP* (EMI-
EMO)/ EMO + Bp*(BI- Bo)/BO]
Where, W=cost of work done as per para (ii) above.
VW (Variation of cost of Work) =Increase or decrease in the cost of works during
the period under consideration due to change in the rates for relevant
components.
Percentage components of materials &labour as specified in the schedule F are
defined as under:-
CP- Cement component, LP - Labour component,
CMP- Civil component of other construction materials, EMP- E & M component
30 | P a g e
of construction materials
FP-POL (Diesel) component
SP- Reinforcement steel bars/TMT bars/structural steel (including strands and
cables) component
BP- Bitumen component
(e) Indices for various components of materials & labour to be used for the purpose
of this Clause are defined as under:
Cl= Wholesale Price Index for Pozzolana Cement published by office of the Economic
Adviser, Ministry of Industry & Commerce valid for the month of last date of
receipt of tender including extension, if any.
Cl= Wholesale Price Index for Pozzolana Cement published byoffice of the Economic
Adviser, Ministry of Industry & Commerce for the period under consideration.
LO= Minimum daily wage in rupees of an unskilled adult mazdoor, fixed under anylaw,
statutory rule or order as on the last date of receipt of tender including extension, if
any.
LI= Minimum wage in rupees of an unskilled adult mazdoor, fixed under any law,
statutory rule or order as applicable on the last date of the quarter previous to the one
under consideration.
CMO= Price Index for civil components of other construction materials valid for the
month of the last date of receipt of tender including extension, if any, as issued by
the office of CE CSQ (Civil) or successor.
CMI= Price Index for civil components of other construction materials for the period
under consideration and as issued by the office of CE CSQ (Civil) or successor.
EMO= Price Index for E & M components of construction materials valid for the month
of the last date of receipt of tender including extension, if any, as issued by the
office of CE CSQ (Electrical) or successor.
EMI= Price Index for E & M components of construction materials for the period under
consideration and as issued by the office of CE CSQ (Electrical) or successor.
FO= Wholesale Price Index of HSD (High Speed Diesel)published by office of the
Economic Adviser, Ministry of Industry & Commerce valid for the month of the
last date of receipt of tender including extension, if any.
FI= Wholesale Price Index of HSD (High Speed Diesel) published by office of the
Economic Adviser, Ministry of Industry & Commerce for the period under
consideration.
SO= Wholesale Price Index of Mild Steel-long products published by office of the
Economic Adviser, Ministry of Industry & Commerce valid for the month of the
last date of receipt of tender including extension, if any
SI= Wholesale Price Index of Mild Steel-long products published by office of the
Economic Adviser, Ministry of Industry & Commerce for the period under
consideration.
BO= Wholesale Price Index of Bitumen published by office of the Economic Adviser,
Ministry of Industry & Commerce valid for the month of the last date of receipt of
tender including extension, if any
31 | P a g e
BI= Wholesale Price Index of Bitumen published by office of the Economic Adviser,
Ministry of Industry & Commerce for the period under consideration.
Clause 10D
Dismantled Material
Govt. Property The contractor shall treat all materials obtained during dismantling of a structure,
excavation of the site for a work, etc. as Government's property and such materials shall
be disposed off to the best advantage of Government according to the instructions in
writing issued by the Engineer-in-Charge.
Clause 11
Work to be
Executedin The contractor shall execute the whole and every part of the work in the most
Accordance with substantial and workmanlike manner both as regards materials and otherwise in every
Specifications, respect in strict accordance with the specifications. The contractor shall also conform
Drawings, Orders as exactly, fully and faithfully to the design, drawings and instructions in writing in respect
per mode of the work issued by the Engineer-in-Charge. Contractor shall be furnished free of
mentioned charge one copy of the contract documents.
inschedule
F. The contractor shall comply with the provisions of the contract and with the care and
diligence execute and maintain the works and provide all labour and materials, tools
and plants including for measurements and supervision of all works, structural plans
and other things of temporary or permanent nature required for such execution and
maintenance in so far as the necessity for providing these, is specified or is reasonably
inferred from the contract. The Contractor shall take full responsibility for adequacy,
suitability and safety of all the works and methods of construction.
Clause 12
The Engineer-in-Charge shall have power (i) to make alterations in, additions to or
substitutions for the original scope of work as defined in the contract, that may appear
Deviations/ to him to be necessary or advisable during the progress of the work, and (ii) to omit a
Variations part of the works in case of non-availability of a portion of the site or due to any other
Extentand reason (save except Clause-13), the contractor shall be bound to carry out the works in
Pricing
accordance with any instructions given to him in writing signed by the Engineer-in-
Charge and such alterations, omissions, additions or substitutions shall form part of the
contract as if originally provided therein and any change in the scope of work as
defined in the contract, which the contractor may be directed to do in the manner
specified above as part of the works, shall be carried out by the contractor on the same
terms and conditions in all respects, except for increase/ decrease in the cost and
additional time due to change of scope, to be determined based on the sub-clauses
hereunder :
12.1 The time for completion of the works shall, in the event of any deviations
resulting in additional cost over the tendered value sum being ordered, be
extended, if requested by the contractor, as follows :
(i) In the proportion which the additional cost of the altered, additional or
substituted work, bears to the original tendered value plus
(ii) 25% of the time calculated in (i) above or such further additional time as
may be considered reasonable by the Engineer-in-Charge.
12.2 Payment of deviations/variations beyond 0.25% of the accepted tendered
amount.
In case there is any change in scope as defined in the contract, the contractor
shall carry out the changes as per direction of Engineer in Charge and nothing
extra shall be payable to the contractor on account of same if the additional cost
32 | P a g e
of such work is up to 0.25% (zero point two five percent) of the accepted
tendered amount and worked out as per sub-clause 12.3 below.
Variations/deviations upto 0.25% (zero point two five percent) of the accepted
tendered amount shall be deducted from overall variations/ deviations for
making payment.
12.3 DETERMINATION OF RATES
In the event, there is any deviations/variations in work as defined in the contract, the
contractor shall submit the complete proposal to Engineer-in-charge within 15 days
duly supported with :-
(a) Analysis of rates for items involved, along with relevant documents, rates of
materials, tools/plants and labour, etc.
(b) The impact, if any, which the deviations/variations is likely to have on the project
completion schedule,
On receipt of such proposal, either individually or covering group of items, the
Engineer- in-charge shall examine the proposal regarding its admissibility and
finalize the proposal/rates within 45 days after receipt of proposal with all
requisite details and documents from the contractors, after giving due
consideration to the proposal, analysis and rates of materials and labours, etc.
12.3.1 The increase/decrease in the rates due to deviations/variations shall be decided
based on the following criteria:-
(i) Pricing of deviations
(a) If the item of work as stipulated in the schedule of quantity/scope of work
deviates on plus side, then the rate for the deviated quantity shall be paid at the
agreement rate upto the deviation limit as specified in schedule "F" with the same
terms & conditions of the contract. Beyond deviation limit as specified in the
schedule "F", rate shall be payable on market rates to be determined based on the
relevant documents and prevailing market rates, as per Para below
(b) If the item of work as stipulated in the schedule of quantity/scope of work deviates
on minus side, then the amount for such deviated quantity shall be deducted
proportionately at the agreement rate.
(ii) Pricing of variations
If there are changes in the quantity/specifications/alterations/substitutions/
additions, etc. in the items, other than mentioned in para above, the rates shall be
determined based on detailed analysis of rates with original stipulated scope of
items & newly proposed/provided items. The difference of rates so determined
shall be payable to/ recoverable from the contractor. The rates for both the
components i.e. materials &labour shall be based on prevailing market rates. The
rate finalized by the Engineer-in-Charge shall be final and binding.
12.3.2 In case of either non-submission of timely proposal or incomplete proposal by the
contractor for deviations/variations, the Engineer-in-Charge shall give final
opportunity to the Contractor to submit the complete proposal for change of cost
within next 15 days. In case of non-submission or further incomplete submission
by the contractor within the stated period, the Engineer-in-Charge shall initiate
the proposal and decide the change of cost. In such case the proposal finalized by
the Engineer-in-Charge shall be final and binding on the contractor.
33 | P a g e
12.1 Restrictions on Deviations/Variations
(i) Work(s) due to deviations/variations shall be executed only after getting
the instructions of Engineer-in-charge, save except to meet any work of
emergent nature.
(ii) Notwithstanding anything to the contrary in this clause 12, any change
arising from default of the contractor in the performance of his
obligations under this agreement shall not be deemed to be
deviations/variations, and shall not result in any adjustment of the
contract price or the project completion schedule.
Clause 13
If at any time after acceptance of the tender or during the progress of work, the purpose
or object for which the work is being done changes due to any supervening cause and
Foreclosure of as a result of which the work has to be abandoned or reduced in scope, the Engineer-in-
contract due to Charge shall give notice in writing to that effect to the contractor stating the decision as
Abandonment or well as the cause for such decision and the contractor shall act accordingly in the
Reduction in Scope
matter. The contractor shall have no claim to any payment of compensation or
of Work
otherwise whatsoever, on account of any profit or advantage which he might have
derived from the execution of the works in full but which he did not derive in
consequence of the foreclosure of the whole or part of the works.
The contractor shall be paid at contract rates, full amount for works executed at site and,
in addition, a reasonable amount as certified by the Engineer-in-Charge for the items
hereunder mentioned which could not be utilized on the work to the full extent in view
of the foreclosure;
(i) Any expenditure incurred on preliminary site work, e.g. temporary access roads,
temporary labour huts, staff quarters and site office; storage accommodation
and water storage tanks.
(ii) Government shall have the option to take over contractor's materials or any part
thereof either brought to site or of which the contractor is legally bound to
accept delivery from suppliers (for incorporation in or incidental to the work)
provided, however Government shall be bound to take over the materials or
such portions thereof as the contractor does not desire to retain. For materials
taken over or to be taken over by Government, cost of such materials as
detailed by Engineer-in- Charge shall be paid. The cost shall, however, take into
account purchase price, cost of transportation and deterioration or damage
which may have been caused to materials whilst in the custody of the
contractor.
(iii) Reasonable compensation for transfer of T & P from site to contractor's
permanent stores or to his other works, whichever is less. If T & P are not
transported to either of the said places, no cost of transportation shall be
payable.
(iv) Reasonable compensation for repatriation of contractor's site staff and imported
labour to the extent necessary.
The contractor shall, if required by the Engineer- in-Charge, furnish to him, books of
account, wage books, time sheets and other relevant documents and evidence as may
be necessary to enable him to certify the reasonable amount payable under this
condition.
The reasonable amount of items on (i), (iii) and (iv) above shall not be in excess of 2%
34 | P a g e
of the cost of the work remaining incomplete on the date of closure, i.e. total stipulated
cost of the work as per accepted tender less the cost of work actually executed under
the contract and less the cost of contractor's materials at site taken over by the
Government as per item (ii) above. Provided always that against any payments due to
the contractor on this account or
otherwise, the Engineer-in-Charge shall be entitled to recover or be credited with any
outstanding balances due from the contractor for advance paid in respect of any tool,
plants and materials and any other sums which at the date of termination were
recoverable by the Government from the contractor under the terms of the contract.
In the event of action being taken under Clause 13 to reduce the scope of work, the
contractor may furnish fresh Performance Guarantee on the same conditions, in the
same manner and at the same rate for the balance tendered amount and initially valid
up to the extended date of completion or stipulated date of completion if no extension
has been granted plus minimum 180 days beyond that. Wherever such a fresh
Performance Guarantee is furnished by the contractor the Engineer-in-Charge may
return the previous Performance Guarantee.
Clause 14
The data supplied by the Department, if any, are for General Guidance only. The
contractor shall be responsible for carrying out pre- construction activities for
construction of work as defined in the tender documents. The contractor shall also carry
out site investigations to verify site details / Data at his own cost.
Clause 15
Pre-Construction (i) The contractor shall, on receipt of the order in writing of the Engineer-in-
Activities Charge, (whose decision shall be final and binding on the contractor) suspend
the progress of the works or any part thereof for such time and in such manner
as the Engineer-in-Charge may consider necessary so as not to cause any
damage or injury to the work already done or endanger the safety thereof for
any of the following reasons:
Suspension of Work (a) on account of any default on the part of the contractor or;
(b) for proper execution of the works or part thereof for reasons other than
the default of the contractor; or
(c) for safety of the works or part thereof. The contractor shall, during such
suspension, properly protect and secure the works to the extent necessary
and carry out the instructions given in that behalf by the Engineer in-
Charge.
(ii) If the suspension is ordered for reasons (b) and (c) in sub-para (i) above:
(a) the contractor shall be entitled to an extension of time equal to the period
of every such suspension plus 25%, for completion of the item or group
of items of work for which a separate period of completion is specified in
the contract and of which the suspended work forms a part, and;
(b) If the total period of all such suspensions in respect of an item or group
of items or work for which a separate period of completion is specified in
the contract exceeds thirty days, the contractor shall, in addition, be
entitled to such compensation as the Engineer-in- Charge may consider
reasonable in respect of salaries and/or wages paid by the contractor to
his employees and labour at site, remaining idle during the period of
suspension, adding thereto 2% to cover indirect expenses of the
35 | P a g e
contractor provided the contractor submits his claim supported by details
to the Engineer-in- Charge within fifteen days of the expiry of the period
of 30 days.
If the works or part thereof is suspended on the orders of the Engineer-in-Charge for more
than three months at a time, except when suspension is ordered for reason (a) in sub para
(i) above, the contractor may after receipt of such order serve a written notice on the
Engineer-in-Charge requiring permission within fifteen days from receipt by the
Engineer in- Charge of the said notice, to proceed with the work or part thereof in regard
to which progress has been suspended and if such permission is not granted within that
time, the contractor, if he intends to treat the suspension, where it affects only a part of
the works as an omission of such part by Government or where it affects whole of the
works, as an abandonment of the works by Government, shall within ten days of expiry
of such period of 15 days give notice in writing of his intention to the Engineer-in-
Charge. In the event of the contractor treating the suspension as an abandonment of the
contract by Government, he shall have no claim to payment of any compensation on
account of any profit or advantage which he might have derived from the execution of
the work in full but which he could not derive in consequence of the abandonment. He
shall, however, be entitled to such compensation, as the Engineer-in-Charge may
consider reasonable, in respect of salaries and/or wages paid by him to his employees
and labour at site, remaining idle in consequence adding to the total thereof 2% to cover
indirect expenses of the contractor provided the contractor submits his claim supported
by details to the Engineer-in-Charge within 30 days of the expiry of the period of 3
months.
Clause 16
All works under or in course of execution or executed in pursuance of the contract, shall at
all times be open and accessible to the inspection and supervision of the Engineer-in
charge, his authorized subordinates in charge of the work and all the superior officers,
officer of the Quality Assurance Unit of the Department or any organization engaged by
the Department for Quality Assurance and of the Chief Technical Examiner's Office,
Action in case Work and the contractor shall, at all times, during the usual working hours and at all other
not done as per times at which reasonable notice of the visit of such officers has been given to the
Specifications contractor, either himself be present to receive orders and instructions or have a
responsible agent duly accredited in writing, present for that purpose. Orders given to
the Contractor's agent shall be considered to have the same force as if they had been
given to the contractor himself.
If it shall appear to the Engineer-in-charge or his authorized subordinates in charge of
the work or to the Chief Engineer in charge of Quality Assurance or his subordinate
officers or the officers of the organization engaged by the Department for Quality
Assurance or to the Chief Technical Examiner or his subordinate officers, that any
work has been executed with unsound, imperfect, or unskillful workmanship, or with
materials or articles provided by him for the execution of the work which are unsound
or of a quality inferior to that contracted or otherwise not in accordance with the
contract, the contractor shall, on demand in writing which shall be made within twelve
months (six months in the case of work costing Rs. 10 Lac and below except road
work) of the completion of the work from the Engineer-in-Charge specifying the work,
materials or articles complained of, notwithstanding that the same may have been
passed, certified and paid for, forthwith rectify, or remove and reconstruct the work so
specified in whole or in part, as the case may require or as the case may be, remove the
materials or articles so specified and provide other proper and suitable materials or
articles at his own charge and cost. In the event of the failing to do so within a period
specified by the Engineer-in- Charge in his demand aforesaid, then the contractor shall
36 | P a g e
be liable to pay compensation at the same rate as specified under clause 2 of the
contract (for non-completion of the work in time) for this default.
In such case the Engineer-in-Charge may not accept the item of work at the rates applicable
under the contract but may accept such items at reduced ratesas the authority specified in
schedule 'F' may consider reasonable during the preparation of on account bills or final
bill or any other amount due to the contractor, if the item is so acceptable without
detriment to the safety and utility of the item and the structure or he may reject the work
outright without any payment and/or get it along with other connected and incidental
items rectified, or removed and re-executed at the risk and cost of the contractor.
Decision of the Engineer-in-Charge to be conveyed in writing in respect of the same will
be final and binding on the contractor.
Clause 17
Damages and Defects 17.1 During progress of work
liability
If the contractor or his working staff or workers damage any part of the work in
the scope of contract, or any building, road, road kerb, fence, enclosure, water
pipe, cables, drains, electric or telephone post or wires, trees, grass, grassland,
cultivated ground, etc. contiguous to the premises on which the work or any part
of it is being executed, the contractor shall make good the same at his own cost.
Contractor shall repair/replace and restore the damaged structures/services in a
time bound manner as required and as directed by the Engineer-in-Charge.
Contractor shall not be given any benefit of hindrance caused in the execution of
the work owing to such damaged structure/service and time taken in its restoration
by the contractor.
17.2 During defect liability period
The contractor shall be responsible for all the defects and deficiencies in the
work within the scope of this contract, during the defect liability period which
shall be for 3 (three) years after the date of actual completion of work as recorded
by the Engineer- in-Charge. The liability of contractor for defects and deficiencies
may arise due to:
(a) Improper planning and design of the project, if in the scope of contract.
(b) Works, Tools, Plant & Machinery, Materials or Workmanship not being
in accordance with this contract.
(c) Improper upkeep & maintenance during construction of the work.
(d) Improper upkeep, operation and/or maintenance during defect liability
period, if these are in the scope of this contract.
(e) Failure by the contractor to comply with any other obligation under this
contract.
Such defects and deficiencies shall be made good by the contractor at his own
cost after getting instructions/notice from the Engineer-in-Charge within the time
period specified in such instructions/notice.
However, contractor need not wait for instructions/notice from Engineer-in-
Charge for rectification of defects in work which come to his notice and he
should initiate action for needful rectification of defect on priority, under
intimation to Engineer-in-Charge, to avoid any untoward incident.
37 | P a g e
17.3 Structural soundness
The contractor shall follow the good engineering practice for safety,
serviceability and structural soundness of the building/ structure/road work etc. as
covered in the scope of contract.
17.3.1 Structure design in the scope of contract
The contractor shall have obligation to rectify all defects in the structural elements or
any other part of building/structure/road etc. due to design deficiency at his own cost
for 10 (ten) years from the date of completion as recorded in the completion certificate
by the Engineer-in-Charge. Such defects shall be made good by the contractor at his
own cost after getting instructions/notice from the Engineer-in-Charge within the time
period specified in such instructions/notice and as per the methodology duly approved
by the Engineer-in-Charge.
17.3.2 Structure design not in the scope of contract
The contractor shall not be liable for design deficiency.
17.3.3 Liability for execution
The contractor shall be fully liable for any deficiency in structural soundness of work
owing to execution of the work under the scope of this contract. The contractor shall
have obligation to rectify all defects in the structural elements owing to any
deficiency in execution of work at his own cost for 10 (ten) years from the date of
completion as recorded in the completion certificate by Engineer-in-Charge. Such
defects shall be made good by the contractor at his own cost after getting
instructions/notice from the Engineer-in-Charge within the time period specified in
such instructions/notice and as per methodology duly approved by the Engineer-in-
Charge.
17.4 Methodology for rectification of defects
The design, methodology and quality of rectification of defects carried out by the
contractor shall be as per sound engineering practice.
17.5 Contractor's failure to rectify defects as defined in the sub-clauses 17.1, 17.2, 17.3 &
17.4.
In the event that the contractor fails to repair or rectify the defect or deficiency within
the period specified by the Engineer-in-Charge, the Engineer-in-Charge shall be
entitled to get the same repaired, rectified or remedied at the contractor's cost and
recover such amount from any dues like performance guarantee, security deposits etc.
available with Engineer-in-Charge. Engineer-in-Charge may take action for debarment
of contractor from tendering in the department by following due process. For inaction
or failure to rectify the defects covered under sub clause 17.3 within specified time
limit, the Engineer-in-Charge may also initiate legaland/or other actions under other
applicable laws in addition to other remedies available in the contract.
17.6 Release of security deposit
Fifty percent (50%) of the security deposit of the contractor shall be retained for a
period of 18 (eighteen) months from the date of completion of work as per completion
certificate issued by the Engineer-in-Charge or till the final bill has been passed
whichever is later. This balance fifty percent (50%) security deposit shall be released
after completion of defect liability period.
Provided further, that the security deposit shall be released within a month of its due
38 | P a g e
date as stated above only if satisfactory performance is observed during the said
period and after deduction of Government dues from the contractor, if any.
Provided further that if the release of security deposit is delayed because of delay in
passing the final bill by the Engineer-in-Charge then simple interest @0.25% per
month of the due security deposit amount, shall be paid for the period of delay not
attributable to the contractor.
Clause 18A
In every case in which by virtue of the provisions under sub- section (1) of section 12 of
Recovery of the Workmen's Compensation Act. 1923, Government is obliged to pay compensation
Compensation paidto to a workman employed by the contractor, in execution of the works , Government will
Workmen recover from the contractor , the amount of the compensation so paid and, without
prejudice to the rights of the Government under sub- section(2) of section 12 of the said
Act, Government shall be at liberty to recover such amount or any part thereof by
deducting it from the security deposit or from any sum due by Government to the
contractor whether under this contract or otherwise. Government shall not be bound to
contest any claim made against it under sub- section (1) of section 12, of the said Act,
except on the written request of the contractor and upon his giving to Government full
security for all costs for which Government might become liable in consequence of
contesting such claim.
Clause 18B
In every case in which by virtue of the provisions of the Contract Labour(Regulation
Ensuring Payment
and Amenities to and Abolition) Act, 1970, and the Contract Labour (Regulation and Abolition) Central
Workers if Rules, 1971, Government is obliged to pay any amounts of wages to a workman
Contractor fails employed by the contractor in execution of the works, or to incur any expenditure in
providing welfare and health amenities required to be provided under the above said
Act, and the rules, under Clause 19H or under the PWD Contractor's Labour
Regulations, or under the Rules framed by Government from time to time for the
protection of health and sanitary arrangements for workers employed by PWD
Contractors, Government will recover from the contractor, the amount of wages so paid
or the amount of expenditure so incurred; and without prejudice to the rights of the
Government under sub-section(2) of Section 20, and sub-section (4) of Section 21, of
the Contract Labour (Regulation and Abolition) Act, 1970, Government shall be at
liberty to recover such amount or any part thereof by deducting it from the security
deposit or from any sum due by Government to the contractor whether under this
contract or otherwise Government shall not be bound to contest any claim made against
it under sub- section (1) of Section 20, sub-section (4) of Section 21, of the said Act,
except on the written request of the contractor and upon his giving to the Government
full security for all costs for which Government might become liable in contesting such
claim.
Clause 19
The contractor shall comply with the provisions of the Contract Labour (Regulation
and Abolition) Act, 1970, and the Contract Labour (Regulation and Abolition) Central
Labour Laws to be Rules, 1971. The contractor shall also obtain a valid license under the said Act before
complied by the the commencement of the work, and continue to have a valid license until its
Contractor completion.
The contractor shall also comply with provisions of the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979.
The contractor shall also abide by the provisions of the Child Labour and Adolescent
39 | P a g e
Labour (Prohibition and Regulation) Act, 1986.
The contractor shall also comply with the provisions of the building and other
Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
and the building and other Construction Workers Welfare Cess Act, 1996.
Any failure to fulfill these requirements shall attract the penal provisions of this contract
arising out of the resultant non-execution of the work.
Clause 19A
No labour below the age of eighteen years shall be employed on the work.
Payment of Wages Clause 19B
(i) The contractor shall pay to labour employed by him either directly or through
subcontractors, wages not less than fair wages as defined in the PWD
Contractor's Labour Regulations or as per the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970 and the contract Labour (Regulation and
Abolition) Central Rules, 1971, wherever applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract to the
contrary, cause to be paid fair wage to labour indirectly engaged on the work,
including any labour engaged by his sub-contractors in connection with the said
work, as if the labour had been immediately employed by him.
(iii) In respect of all labour directly or indirectly employed in the works for
performance of the contractor's part of this contract, the contractor shall comply
with or cause to be complied with the Central Public Works Department
contractor's Labour Regulations made by Government from time to time in
regard to payment of wages, wage period, deductions from wages recovery of
wages not paid and deductions unauthorizedly made, maintenance of wage
books or wage slips publication of scale of wage and other terms of
employment, inspection and submission of periodical returns and all other
matters of the like nature or as per the provisions of the Contract Labour
(Regulation and Abolition) Act, 1970, and the Contract Labour (Regulation and
Abolition) Central Rules, 1971, wherever applicable
(iv) (a) The Engineer-in-Charge concerned shall have the right to deduct from the
moneys due to the contractor any sum required or estimated to be
required for making good the loss suffered by a worker or workers by
reason of nonfulfillment of the conditions of the contract for the benefit
of the workers, nonpayment of wages or of deductions made from his or
their wages which are not justified by their terms of the contract or non-
observance of the Regulations.
(b) Under the provision of Minimum Wages (Central) Rules, 1950, the
contractor is bound to allow to the labours directly or indirectly
employed in the works one day rest for 6 days continuous work and pay
wages at the same rate as for duty. In the event of default, the Engineer-
in-Charge shall have the right to deduct the sum or sums not paid on
account of wages for weekly holidays to any labours and pay the same to
the persons entitled thereto from any money due to the contractor by the
Engineer-in-Charge concerned.
In the case of Union Territory of Delhi, however, as the all-inclusive minimum
daily wages fixed under Notification of the Delhi Administration
No.F.12(162)MWO/DAB/ 43884-91, dated 31-12-1979 as amended from time to
time are inclusive of wages for the weekly day of rest, the question of extra
40 | P a g e
payment for weekly holiday would not arise.
The contractor shall comply with the provisions of the Payment of Wages Act, 1936,
Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen's Compensation
Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, and the
Contractor's Labour (Regulation and Abolition) Act 1970, or the modifications thereof or
any other laws relating thereto and the rules made there under from time to time
(i) The contractor shall indemnify and keep indemnified Government against
payments to be made under and for the observance of the laws aforesaid and the
PWD Contractor's Labour Regulations without prejudice to his right to claim
indemnity from his sub-contractors.
(ii) The laws aforesaid shall be deemed to be a part of this contract and any breach
thereof shall be deemed to be a breach of this contract.
(iii) Whatever is the minimum wage for the time being, or if the wage payable is
higher than such wage, such wage shall be paid by the contractor to the
workmen directly without the intervention of Jamadar and that Jamadar shall not
be entitled to deduct or recover any amount from the minimum wage payable to
the workmen as and by way of commission or otherwise.
(iv) The contractor shall ensure that no amount by way of commission or otherwise
is deducted or recovered by the Jamadar from the wage of workmen.
Clause 19C
In respect of all labour directly or indirectly employed in the work for the
performance of the contractor's part of this contract, the contractor shall at his
own expense arrange for the safety provisions as per CPWD Safety Code framed
from time to time and shall at his own expense provide for all facilities in
connection therewith. In case the contractor fails to make arrangement and to
provide necessary facilities as aforesaid, he shall be liable to pay a penalty as
mentioned in Schedule 'F' for each default and in addition, the Engineer-in-
Charge shall be at liberty to make arrangement and provide facilities as aforesaid
and recover the cost incurred in that behalf from the contractor.
Clause 19D
The contractor shall submit by the 4th and 19th of every month, to the Engineer-in-
Charge, a true statement showing in respect of the second half of the preceding month
and the first half of the current month respectively:
(1) the number of labourers employed by him on the work,
(2) their working hours,
(3) the wages paid to them,
(4) the accidents that occurred during the said fortnight showing the circumstances
under which they happened and the extent of damage and injury caused by
them, and
(5) the number of female workers who have been allowed maternity benefit
according to Clause 19F and the amount paid to them.
Failing which the contractor shall be liable to pay to Government, a sum as
mentioned in Schedule F for each default or materially incorrect statement. The
decision of the Divisional Officer shall be final in deducting from any bill due to
the contractor, the amount levied as fine and be binding on the contractor.
Clause 19E
In respect of all labour directly or indirectly employed in the works for the performance of
41 | P a g e
the contractor's part of this contract, the contractor shall comply with or cause to be
complied with all the rules framed by Government from time to time for the protection of
health and sanitary arrangements for workers employed by the CPWD and its contractors
Clause 19F
Leave and pay during leave shall be regulated as follows:
1. Leave :
(i) in the case of delivery - maternity leave not exceeding 8 weeks, 4 weeks up to and
including the day of delivery and 4 weeks following that day,
(ii) in the case of miscarriage - upto 3 weeks from the date of miscarriage.
2. Pay :
(i) in the case of delivery - leave pay during maternity leave will be at the rate of the
women's average daily earnings, calculated on total wages earned on the days
when full time work was done during a period of three months immediately
preceding the date on which she gives notice that she expects to be confined.
(ii) in the case of miscarriage - leave pay at the rate of average daily earning calculated
on the total wages earned on the days when full time work was done during a
period of three months immediately preceding the date of such miscarriage.
3. Conditions for the grant of Maternity Leave:
No maternity leave benefit shall be admissible to a woman unless she has been
employed for a total period of not less than six months immediately preceding the
date on which she proceeds on leave.
4. The contractor shall maintain a register of Maternity (Benefit) in the Prescribed
Form as shown in appendix -I and II, and the same shall be kept at the place of
work.
Clause 19G
In the event of the contractor(s) committing a default or breach of any of the provisions of
the CPWD, Contractor's Labour Regulations and Model Rules for the protection of
health and sanitary arrangements for the workers as amended from time to time or
furnishing any information or submitting or filing any statement under the provisions of
the above Regulations and' Rules which is materially incorrect, he/they shall, without
prejudice to any other liability, pay to the Government a sum as mentioned in Schedule F
for every default, breach or furnishing, making, submitting, filing such materially
incorrect statements and in the event of the contractor(s) defaulting continuously in this
respect, the penalty may be enhanced to as mentioned in Schedule F per day for each day
of default subject to a maximum of 5 percent of the estimated cost of the work put to tender.
The decision of the Engineer-in-Charge shall be final and binding on the parties.
Should it appear to the Engineer-in-Charge that the contractor(s) is/are not properly
observing and complying with the provisions of the CPWD Contractor's Labour
Regulations and Model Rules and the provisions of the Contract Labour (Regulation and
Abolition) Act 1970, and the Contract Labour (R& A) Central Rules 1971, for the
protection of health and sanitary arrangements for work-people employed by the
contractor(s) (hereinafter referred as "the said Rules") the Engineer-in-Charge shall have
power to give notice in writing to the contractor(s) requiring that the said Rules be
complied with and the amenities prescribed therein be provided to the work-people
within a reasonable time to be specified in the notice. If the contractor(s) shall fail within
42 | P a g e
the period specified in the notice to comply with and/ observe the said Rules and to
provide the amenities to the work-people as aforesaid, the Engineer-in-Charge shall have
the power to provide the amenities hereinbefore mentioned at the cost of the contractor(s).
The contractor(s) shall erect, make and maintain at his/ their own expense and as per
approved standards all necessary huts and sanitary arrangements
required for his/their work-people on the site in connection with the execution of the
works, and if the same shall not have been erected or constructed according to approved
standards, the Engineer-in-Charge shall have power to give notice in writing to the
contractor(s) requiring that the said huts and sanitary arrangements be remodelled and/or
reconstructed according to approved standards, and if the contractor(s) shall fail to
remodel or reconstruct such huts and sanitary arrangements according to approved
standards within the period specified in the notice, the Engineer-in-Charge shall have the
power to remodel or reconstruct such huts and sanitary arrangements according to
approved standards at the cost of the contractor(s).
Clause 19H
The contractor(s) shall at his/their own cost provide his/their labour with a
sufficient number of huts (hereinafter referred to as the camp) of the following
specifications on a suitable plot of land to be approved by the Engineer-in-
Charge.
(i) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and
the floor area to be provided will be at the rate of 2.7 sq.m. (30 sq.ft.) for each
member of the worker's family staying with the labourer.
(b) The contractor(s) shall in addition construct suitable cooking places having a
minimum area of 1.80m x 1.50m (6'x5') adjacent to the hut for each family.
(c) The contractor(s) shall also construct temporary latrines and urinals for the use of
the labourers each on the scale of not less than four per each one hundred of the
total strength, separate latrines and urinals being provided for women.
(d) The contractor(s) shall construct sufficient number of bathing and washing places,
one unit for every 25 persons residing in the camp. These bathing and washing
places shall be suitably screened.
(ii) (a) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or
other suitable local materials as may be approved by the Engineer-in-Charge. In
case of sun-dried bricks, the walls should be plastered with mud gobri on both
sides. The floor may be kutcha but plastered with mud gobri and shall be at least
15 cm (6") above the surrounding ground. The roofs shall be laid with thatch or
any other materials as may be approved by the Engineer-in-Charge and the
contractor shall ensure that throughout the period of their occupation, the roofs
remain water-tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows, and ventilators shall be provided with suitable leaves for
security purposes.
(d) There shall be kept an open space of at least 7.2m (8 yards) between the rows of
huts which may be reduced to 6m (20 ft.) according to the availability of site with
the approval of the Engineer-in-Charge. Back to back construction will be
allowed.
43 | P a g e
Water Supply - The contractor(s) shall provide adequate supply of water for the use of
labourers. The provisions shall not be less than two gallons of pure and wholesome water
per head per day for drinking purposes and three gallons of clean water per head per day
for bathing and washing purposes. Where piped water supply is available, supply shall be
at stand posts and where the supply is from wells or river, tanks which may be of metal or
masonry, shall be provided. The contractor(s) shall also at his/ their own cost make
arrangements for laying pipe lines for water supply to his/ their labour camp from the
existing mains wherever available, and shall pay all fees and charges therefore
(iii) The site selected for the camp shall be high ground, with removed from jungle
clearances, if required.
(iv) Disposal of Excreta - The contractor(s) shall make necessary arrangements for
the disposal of excreta from the latrines by trenching or incineration which shall
be according to the requirements laid down by the Local Health Authorities. If
trenching or incineration is not allowed, the contractor(s) shall make
arrangements for the removal of the excreta through the Municipal
Committee/authority and inform it about the number of labourers employed so
that arrangements may be made by such Committee/authority for the removal of
the excreta. All charges on this account shall be borne by the contractor and paid
direct by him to the Municipality/authority. The contractor shall provide one
sweeper for every eight seats in case of dry system.
(v) Drainage - The contractor(s) shall provide efficient arrangements for draining
away sullage water so as to keep the camp neat and tidy.
(vi) The contractor(s) shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(vii) Sanitation - The contractor(s) shall make arrangements for conservancy and
sanitation in the labour camps according to the rules of the Local Public Health
and Medical Authorities.
Clause 19I
The Engineer-in-Charge may require the contractor to dismiss or remove from the site
of the work any person or persons in the contractors' employ upon the work who may
be incompetent or misconduct himself and the contractor shall forthwith comply with
such requirements. In respect of maintenance/repair or renovation works etc. where the
labour have an easy access to the individual houses, the contractor shall issue identity
cards to the labourers, whether temporary or permanent and he shall be responsible for
any untoward action on the part of such labour.
Clause 19J
It shall be the responsibility of the contractor to see that the building under
construction is not occupied by unauthorized person(s) during construction, and is
handed over to the Engineer- in-Charge with vacant possession of complete building. If
such building though completed is occupied illegally, then the Engineer-in-Charge
shall have the option to refuse to accept the said building/buildings in that position.
Any delay in acceptance on this account will be treated as the delay in completion and
for such delay, a compensation shall be levied as per clause 2 of the agreement, by the
Superintending Engineer/ Chief Engineer whose decision shall be final both with
regard to the justification and quantum and be binding on the contractor.
44 | P a g e
However, the Superintending Engineer/ Chief Engineer, through a notice, may require
the contractor to remove the illegal occupation any time on or before construction and
Employment of delivery.
skilled/semi-skilled Clause 19K
workers
The contractor shall, at all stages of work, deploy skilled/semi-skilled tradesmen who
are qualified and possess certificate in particular trade from National CPWD
Academy, Industrial Training Institute, National Institute of construction Management
and Research (NICMAR), National Academy of Construction, CIDC or any similar
reputed and recognized Institute managed or certified by State/Central Government.
The number of such qualified tradesmen shall not be less than 20% of total
skilled/semi-skilled workers required in each trade at any stage of work. The contractor
shall submit number of man days required in respect of each
trade, its scheduling and the list of qualified tradesmen along with requisite certificate
from recognized Institute to Engineer in charge for approval. Notwithstanding such
approval, if the tradesmen are found to have inadequate skill to execute the work of
respective trade, the contractor shall substitute such tradesmen within two days of
written notice from Engineer- in- Charge. Failure on the part of contractor to obtain
approval of Engineer-in-Charge or failure to deploy qualified tradesmen will attract a
compensation to be paid by contractor at the rate specified in schedule 'F' per such
tradesman per day. Decision of Engineer in Charge as to whether particular tradesman
possesses requisite skill and amount of compensation in case of default shall be final
and binding.
The contractor shall arrange on site training as per National Skill Development
Corporation (NSDC) norms for at least 30% of the unskilled workers engaged in the
project in coordination with the CPWD Regional Training Institute & National Skill
Development Corporation (NSDC) for certification at the level of skilled/semi-skilled
tradesmen. The cost of such training as stated above shall be born by the Government.
The necessary space and workers shall be provided by the contractor and no claim what
Contribution of EPF so ever shall be entertained.
and ESI Clause 19L
The ESI and EPF contributions on the part of employer in respect of this contract shall
be paid by the contractor. These contributions on the part of the employer paid by the
contractor shall be reimbursed by the Engineer-in-charge to the contractor on actual
basis. The verification of deployment of labour will be done through biometric
attendance system or any other suitable method by the Engineer-in-charge. The
applicable and eligible amount of EPF & ESI shall be reimbursed preferably within 7
days but not later than 30 days of submission of documentary proof of payment
Minimum Wages Act provided same are in order.
to be Complied With
Clause 20
The contractor shall comply with all the provisions of the Minimum Wages Act, 1948,
Work not to be and Contract Labour (Regulation and Abolition) Act, 1970, amended from time to time
sublet, Action in case and rules framed there under and other labour laws affecting contract labour that may
of insolvency be brought into force from time to time.
Clause 21
The contract shall not be assigned or sublet without the written approval of the
Engineer-in- Charge. And if the contractor shall assign or sublet his contract, or attempt
to do so, or become insolvent or commence any insolvency proceedings or make any
composition with his creditors or attempt to do so, or if any bribe, gratuity, gift, loan,
45 | P a g e
perquisite, reward or advantage pecuniary or otherwise, shall either directly or
indirectly, be given, promised or offered by the contractor, or any of his servants or
agent to any public officer or person in the employ of Government in any way relating
to his office or employment, or if any such officer or person shall become in any way
directly or indirectly interested in the contract, the Engineer-in-Charge on behalf of the
Governor of Uttar Pradesh shall have power to adopt the course specified in Clause 3
hereof in the interest of Government and in the event of such course being adopted, the
consequences specified in the said Clause 3 shall ensue.
Clause 22
22.1 Quality of Materials and Workmanship
The Contractor shall ensure that the Materials and workmanship are in accordance with
the requirements specified in this Agreement, Specifications and Standards and Sound
Engineering practice. The work shall be of the specified quality and standard, both in
respect of ingredients as well as the intended functions it is supposed to perform for
service life.
(i) The Contract warrants that all Materials shall be new, unused, not reconditioned,
QUALITY
ASSURANCE AND unless otherwise allowed as per contract or by Engineer-in-Charge, and in
SUPERVISION FOR conformity with Specification and Standards, Applicable Laws and Sound
EXECUTION PART Engineering Practice, and that the Contractor shall not use any materials which
of WORK are generally recognized as being deleterious under Sound Engineering Practice.
22.2 Quality Assurance System
The Contractor shall devise a quality assurance mechanism to ensure compliance
with the provisions of this Agreement (the "Quality Assurance Plan" or "QAP").
(i) The Contractor shall, submit to the Engineer-in-Charge, its Quality Assurance Plan
15 (fifteen) days in advance of start of the execution stage specified in the NIT.
The Engineer-in-Charge shall convey its comments to the Contractor within a
period of 7 (seven) days of receipt of the QAP stating the modifications, if any,
required and the Contractor shall incorporate those in the QAP conforming with
the provisions of this clause. The QAP shall include the following:
(a) Contractor's Organization & structure, duties and responsibilities of individual key
personnel, quality policy of contractor, procedure for control of non-conformities
and corrective action, inspections and documentation.
(b) Internal quality audit system.
(c) Machinery, Shuttering, other Tool & Plants, etc. required to be deployed at site.
(d) Method statement of important activities. These can be submitted as per the
sequencing of the activities of the work.
(e) Quality control mechanism including sampling and testing of Materials, test
frequencies, standards, acceptance criteria, testing facilities, reporting, recording
and interpretation of test results, approvals, proforma for testing and calibration in
accordance with the Specifications and Standards and Sound Engineering Practice;
and Material Lot size, number of required tests and frequency of testing for
different construction materials.
All the relevant and applicable codes, specifications and standards, as well as the
acceptance criteria for various items of work, workmanship, materials and
process employed needs to be mentioned.
(f) Check-list for various items and materials.
46 | P a g e
(g) Formats for site documentation, monthly reports on implementation of QAP.
(ii) Sampling of materials
All samples of materials including Cement Concrete Cubes shall be taken by the QA
engineers deployed by the Contractor and shall be witnessed by the Engineer-in-
Charge or his authorized representatives as specified in NIT. All the necessary
assistance, facilities and safety shall be provided by the contractor. Cost of
sample of materials and testing charges shall be borne by the contractor and
he/she is responsible for safe custody of samples tobe tested at site.
(iii) Testing of Materials
The contractor shall establish temporary field laboratory of adequate size with all
necessary facilities. Field laboratory shall be equipped with the testing equipment
for conducting routine field tests as per this contract. It will also have copies of
standards, BIS codes, IRC codes, relevant publications.
All the tests in field lab setup at construction site shall be carried out by the QA
Staff deployed by the contractor and shall be witnessed by the Engineer-in- Charge
or his authorized subordinates as specified in NIT. The contractor shall provide all
necessary facility to them for witnessing the tests in the field laboratory. In general,
contractor shall carry out 90% of field tests in site laboratory and 10% tests shall be
got carried out from outside laboratory as indicated below. Contractor shall
endeavour to obtain test reports for tests conducted from outside laboratory in a
reasonable time.
(iv) Maintenance of Register of Test -
• All the entries in the register of test are to be made by the designated QA Engineers
of the contractor and same is to be regularly reviewed by thefield officers as well as
the Engineer-in-Charge. The contractor shall allow inspection of such records any
time as desired by Engineer-in-Charge or his authorized representative.
• All the tests carried out at construction site or outside laboratories are to be
maintained by the contractor in the prescribed format in the test registers provided
by the contractor and duly authenticated by Engineer-in- Charge.The test reports
shall also be maintained in hard file.
• Contractor is responsible for maintenance and safe custody of all the test registers
and test records.
• Mandatory test conducted as per approved proforma shall be attached with each
Running bill. Submission of copy of all test registers and material at site register
along with each alternate Running Account Bill and with Final Bill is mandatory.
(v) Maintenance of Material at Site (MAS) Register-
MAS register of the key materials including Cement and Steel Registers shall be
maintained in the proforma approved by Engineer-in-Charge. All the entries in the
MAS registers are made by the designated staff of the contractor and same is
regularly reviewed by the field officers as well as the Engineer-in-Charge.
Contractor is responsible for maintenance and safe custody of MAS registers.
(vi) The Contractor shall procure all relevant codes, publications, apparatus and
instruments, fuel, consumables, water, electricity, labour, materials, samples and
qualified personnel as are necessary for examining and testing the Works, Materials
and workmanship in accordance with the Quality Assurance Plan.
47 | P a g e
(vii) All the cost of testing including cost of samples, packaging, transportation, testing
charges of Construction, Materials and workmanship under this clause shall be
borne by the contractor.
The contractor shall submit monthly quality progress report on implementation of
the provisions of Quality Assurance Plan on the format approved by the Engineer-
in-Charge
22.1 Samples
The Contractor shall, at its own expense and without delay, provide the samples of
Materials and relevant information like Manufacturer's test reports, standard samples
of manufactured Materials and Samples of such other Materials as the Engineer-in-
Charge may require for review and approvals in accordance with Clause 10A of
GCC before actual use.
22.2 Test
(i) For determining that the Works conform to the Specifications and Standards, the
Engineer-in-Charge shall require the Contractor to carry out or cause to be carried
out tests, at such time and frequency and in such manner as specified in this
Agreementand in accordance with sound engineering practice for quality assurance.
Frequency and the manner in which tests shall be conducted shall be in the following
order of preference:
48 | P a g e
prepared for important activities as identified by the contractor as mentioned in QAP or
any other activity as instructed by Engineer-in Charge. The 'Method statement', should
have a description of the item with elaborate procedure in steps to implement the same,
the specifications of the materials involved, equipment to be deployed, measures for
ensuring safety, their testing and acceptance criteria, precautions to be to the
Engineer-in-Charge to conduct its inspection, measurement or test while the work is
continuing. Provided further that in the event the Contractor receives no response from
the Engineer-in-Charge within a period of 3 (three) business days from the date on which
the Contractor's notice hereunder is delivered to the Engineer-in- Charge, the Contractor
shall be entitled to assume that the Engineer-in-Charge would not undertake the said
inspections.
22.3 Rejection
(i) If, as a result of an examination, inspection, measurement or testing, any Plant,
Materials, design or workmanship is found to be defective or otherwise not in
accordance with the provisions of this Agreement, the Engineer-in-Charge may reject
such piece of work, Plant, Materials, design or workmanship by giving notice to the
Contractor, with reasons. The Contractor shall then promptly make good the defect and
ensure that the rejected item complies with the requirements of this Agreement.
(b) remove and re-execute any work which is not in accordance with the provisions of
this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project, whether
because of an accident, unforeseeable event or otherwise.
If the Contractor fails to comply with the instructions issued by the Engineer-in- Charge
under aforesaid para, within the time specified in the notice or as mutually agreed, the
49 | P a g e
Engineer-in-Charge may get the work executed by another agency. The cost so incurred by
the Engineer-in-Charge for undertaking such work shall, without prejudice to the rights of
the Engineer-in-Charge to recover damages in accordance with the provisions of this
Agreement, be recoverable from the Contractor and may be deducted by the Engineer-in-
Charge from any amount due to be paid to the Contractor.
50 | P a g e
22.12 Quality Control Records
The Contractor shall hand over authenticated copy of all its quality control records and
documents to the Engineer-in-Charge before the Completion Certificate is issued.
22.1 Video recording
During the Construction Period, the Contractor shall provide to the Engineer-in-
Charge for every calendar quarter, a video recording which will be compiled into a 15
(fifteen) minutes digital video covering the status and progress of work in that quarter.
Video recording should show different activities, stage of work, quality assurance
activities etc. including animation, graphs, digital maps, commentary, sub titles, etc.
spread over the quarter. The video recording shall be provided to the Engineer- in-
Charge no later than 15 (fifteen) days after the close of each quarter to be reckoned
from next full month of date of start of work.
22.2 Suspension of unsafe Construction Works
(i) Upon recommendation of the Engineer-in-Charge to this effect, or on his own
volition in cases of emergency or urgency, the Engineer-in-Charge may by notice
require the Contractor to suspend forthwith the whole or any part of the Works if, in
the reasonable opinion of Engineer-in-Charge, as the case may be, such work threatens
the safety of the Users and or other persons on or about the Project. Provided,
however, that in case of an emergency, the Engineer-in-Charge may suo-moto issue
the notice referred to hereinabove.
(ii) The Contractor shall, pursuant to the notice under above para, suspend the Works
or any part thereof for such time and in such manner as may be specified by the
Engineer-in-Charge and thereupon carry out remedial measures to secure the safety of
suspended works, the Users, other persons and vehicles on or about the Project. The
Contractor by notice require the Engineer-in-Charge to inspect such remedial
measures forthwith and request for revocation of suspension. Upon reviewing the
remedial measures, the Engineer-in-Charge shall either revoke such suspension or
instruct the Contractor to carry out such other and further remedial measures as may
be necessary and reasonable and the procedure set forth in this Clause shall be
repeated until the suspension hereunder is revoked.
(iii) Subject to other provisions of the agreement, all reasonable cost incurred for
maintaining and protecting the Works or part thereof during the period of suspension
(the "Preservation Costs") shall be borne by the contractor, if in the opinion of
Engineer-in-Charge suspension is on account of reasons attributable to the contractor.
(iv) If suspension of Work is for reasons not attributable to the Contractor, the
Engineer-in-Charge shall determine any Time Extension, if required, in accordance
with the provisions of clause-5.
22.3 Online maintenance of Site records including testing records.
The Engineer-in-Charge may require the contractor to upload all the site records in
any online system devised by him. The contractor shall have to ensure that all the
required site records, as desired by the Engineer-in-Charge shall be uploaded in this
online system. Nothing extra on this account shall be payable to the contractor. In case
these records are to be maintained in any online module then contractor shall comply
with this
51 | P a g e
Changes in firm's Clause 23
Constitution to be
Where the contractor is a partnership firm/company/LLP, the prior approval in writing of the
Intimated
Engineer-in-charge shall be obtained before any change is made in the constitution of the
firm/company/LLP. Where the contractor is an individual or a Hindu undivided family
business concern, such approval as aforesaid shall likewise be obtained before the contractor
enters into any partnership agreement where under the partnership firm would have the right
to carry out the works hereby undertaken by the contractor. If previous approval as aforesaid
is not obtained, the contract shall be deemed to have been assigned in contravention of
clause 21 hereof and the same action may be taken, and the same consequences shall ensue
as provided in the said clause 21.
Clause 24
Deleted vide OM No. DG/CON/329 dated 03.06.2022
Clause 25:
Except where otherwise provided in the contract, all questions and disputes relating to the
meaning of the specifications, designs, drawings and instructions hereinbefore mentioned
and as to the quality of workmanship or materials used in the work or as to any other
question, claim, right, matter or thing whatsoever in any way arising out of or relating to the
contract, designs, drawings, specifications, estimates, instructions, orders or otherwise
concerning the works or the execution or failure to execute the same whether arising during
the progress of the work or after the cancellation, termination, completion or abandonment
thereof shall be dealt with as mentioned hereinafter
25.1 Conciliation: If the contractor considers any work demanded of him to be outside the
requirements of the contract, or disputes any drawing, record or decision given in writing by
the Engineer-in-Charge; or if the Engineer-in-Charge considers any act or decision of the
contractor on any matter in connection with or arising out of the contract or carrying out of
the work to be unacceptable and disputed; such party may promptly refer such disputes and
amount claimed for each dispute to the Conciliator (Special Director General or the
Life Cycle Cost Additional Director General concerned with the work, as applicable) in the proforma
prescribed in Appendix XVII mentioned in Schedule F, under intimation to the other party.
The Conciliator may then request each party to submit to him a brief written statement
describing the disputes and the points at issue. Each party shall send a copy of such
statement to the other party. At any stage of the conciliation proceedings, the Conciliator
Settlement of may request a party to submit to him such additional information as he deems appropriate.
Disputes by When it appears to the Conciliator that there exist elements of a settlement which may be
Conciliation and acceptable to the parties, he shall formulate the terms of a possible settlement and submit
Arbitration them to the parties for their observations. After receiving the observations of the parties, he
may re-formulate the terms of a possible settlement in the light of such observations. If the
parties reach agreement on a settlement of the disputes, they may draw up and sign a written
settlement agreement on non-judicial stamp paper as per Stamp Act. The Conciliator shall
authenticate the settlement agreement and furnish a copy thereof to each party. The
termination of conciliation proceedings shall be in accordance with Section 76 of The
Arbitration and Conciliation Act, 1996. No party shall be represented before the said
Conciliator by an advocate or legal counsel. The conciliation proceedings shall be
completed within 45 days from the receipt of reference. This time may be enlarged by 15
days by the Conciliator. The conciliation proceedings shall be deemed to have been
terminated at the end of 60 days from the receipt of reference
52 | P a g e
25.2 Arbitration: If the aforesaid conciliation proceedings fail or the Conciliator fails to
give proposal for settlement within the aforesaid period, either party may
promptly give notice in the proforma prescribed in Appendix XVIII, under
intimation to the other party, to the Chief Engineer or the Superintending
Engineer concerned with the work (as applicable), hereinafter referred to as the
Arbitrator Appointing Authority as indicated in Schedule F, for appointment of
Arbitrator.
However, a party may seek appointment of Arbitrator without taking recourse to the
process of conciliation mentioned in sub-clause 25.1 above.
In the event of either party giving a notice to the Arbitrator Appointing Authority
for appointment of Arbitrator, the said Authority shall appoint Arbitrator as per the
procedure given below and refer such disputes to arbitration.
(a) Number of Arbitrators: If the contract amount is less than Rs.100 crore, the disputes
may be referred for adjudication by a sole Arbitrator. If the contract amount is
Rs.100 crore or more, the disputes may be referred to an Arbitral Tribunal of three
Arbitrators.
(b) Qualification of Arbitrators: It is a term of this contract that each member of the Arbitral
Tribunal shall be Graduate Engineer with experience in execution of public works
engineering contracts, and he should have worked earlier at a level not lower than the
Chief Engineer (equivalent to level of Joint Secretary to the Government of India).
The aforesaid educational qualification and work experience shall be mandatory for
appointment as Arbitrator.
The age of Arbitrator at the time of appointment shall not exceed 75 years. An Arbitrator
may be appointed notwithstanding the total number of active arbitration cases with him.
(c) Parties to select Arbitrator: Based on the criteria specified above, a list of empanelled
Arbitrators has been prepared in Niyojan Vibhag/UPPWD, and the parties shall have
option to select an Arbitrator from the list sent to them.
25.3 Appointment of Sole Arbitrator: The parties may opt for appointment of the Arbitrator
of the Government of Uttar Pradesh. In such cases, the party seeking arbitration has to
submit an express agreement in writing as per Appendix XIX towards waiver of Section
12(5) of the Arbitration and Conciliation Act, 1996 along with the notice for appointment
of Arbitrator in the proforma prescribed in Appendix XVIII, under intimation to
the other party. The Arbitrator Appointing Authority shall, within 30 days of receipt of the
said notice, appoint Arbitrator of the Government of Uttar Pradesh as Arbitrator in the
matter, provided the other party also submits waiver of Section 12(5), ibid in Appendix
XIX within 7 days of the receipt of the said notice.
Where any one of the parties does not opt for the Arbitrator of the Government of Uttar
Pradesh, or does not submit the waiver agreement, the Arbitrator Appointing Authority shall
propose five Arbitrators from the list of Niyojan Vibhag/UPPWD Empanelled Arbitrators to
the party seeking arbitration under intimation to the other party within15 days of receiving the
notice. The party seeking arbitration shall give his choice for one of them within 15 days of
receiving the list, and the Arbitrator Appointing Authority shall appoint the chosen person as
the Sole Arbitrator within 15 days of the receipt of choice It is a term of this arbitration
agreement that if the parties fail to select, within the period prescribed above, an Arbitrator of
their choice from the list of Niyojan Vibhag/UPPWD Empanelled Arbitrators forwarded
to them, the Arbitrator Appointing Authority shall himself select and appoint Arbitrator
from the said list.
53 | P a g e
25.4 Appointment of Arbitral Tribunal of three Arbitrators: The Arbitrator
Appointing Authority shall prepare two separate lists of five Arbitrators each
from the list of Niyojan Vibhag/UPPWD Empanelled Arbitrators, and send one
to the party seeking arbitration and other to the responding party, within 15 days
of the receipt of notice. The parties will then choose any one Arbitrator from the
list provided to them within 15 days of receipt of the list. The Arbitrator
Appointing Authority shall then appoint those chosen by the respective parties
as Arbitrators and also a third Arbitrator from the list of Niyojan
Vibhag/UPPWD Empanelled Arbitrators to act as presiding Arbitrator, within
15 days of receipt of choice from both the parties.
It is a term of this arbitration agreement that if the parties fail to select, within
the period prescribed above, an Arbitrator of their choice from the list of
Niyojan Vibhag/UPPWD Empanelled Arbitrators forwarded to them, the
Arbitrator Appointing Authority shall himself select and appoint Arbitrator from
the said list.
Settlement of Disputes by Conciliation and Arbitration
25.5 Applicable Law: The provisions of the Arbitration and Conciliation Act, 1996
(Act 26 of 1996) and any further statutory modification or re-enactment thereof
shall be applicable. Further, the fast-track procedure for arbitration contained in
Section 29B of the said Act shall apply.
25.6 Fee payable to Arbitrator(s): The fee payable to the arbitral tribunal shall be as
per CPWD OM No.2/2006/SE(TLC)/CSQ/137 dated 19.11.2019 (or latest
amendment), and shall be shared equally by both the parties.
25.7 Place of Arbitration: The place of arbitration shall preferably be as mentioned
in Schedule F. However, the Arbitral Tribunal may decide the place in consultation
withboth the parties.
25.8 Terms of reference: The Arbitral Tribunal shall adjudicate on only such
disputes as are referred to it by the Arbitrator Appointing Authority and give
separate award against each dispute referred to him and shall give reasons for the
award in all cases where the total amount of the claim by any party exceeds
Rs.1,00,000.
25.9 Interest on Arbitration award: It is also a term of this arbitration agreement
that where the Arbitral award against any dispute is for the payment of money,
no pre-suit and pendent elite interest shall be payable on any part of the Arbitral
award.
Contractor to
Clause 26
indemnify
The contractor shall fully indemnify and keep indemnified the Governor of Uttar
Governmentagainst
Pradesh against any action, claim or proceeding relating to infringement or use of any
Patent Rights
patent or design or any alleged patent or design rights and shall pay any royalties which
may be payable in respect of any article or part thereof included in the contract. In the
event of any claims made or action brought against Government in respect of any such
matters as aforesaid, the contractor shall be immediately notified thereof and the
contractor shall be at liberty, at his own expense, to settle any dispute or to conduct any
litigation that may arise there from, provided that the contractor shall not be liable to
indemnify the Governor of Uttar Pradesh if the infringement of the patent or design or
any alleged patent or design right is the direct result of an order passed by the Engineer-
in-charge in this behalf.
54 | P a g e
Clause 27
Withholding and
(i) Whenever any claim or claims for payment of a sum of money arises out of or
lien in respect ofsum
due from under the contract or against the contractor, the Engineer-in-charge or the
Contractor Government shall be entitled to withhold and also have a lien to retain such sum
or sums in whole or in part from the security, if any deposited by the contractor
and for the purpose aforesaid, the Engineer-in-charge or the Government shall
be entitled to withhold the security deposit, if any, furnished as the case may be
and also have a lien over the same pending finalization or adjudication of any
such claim. In the event of the security being insufficient to cover the claimed
amount or amounts or if no security has been taken from the contractor, the
Engineer-in-Charge or the Government shall be entitled to withhold and have a
lien to retain to the extent of such claimed amount or amounts referred to above,
from any sum or sums found payable or which may at any time thereafter
become payable to the contractor under the same contract or any other contract
with the Engineer-in-Charge of the Government or any contracting person
through the Engineer-in-Charge pending finalization of adjudication of any such
claim.
It is an agreed term of the contract that the sum of money or moneys so
withheld or retained under the lien referred to above by the Engineer-in-Charge
or Government will be kept withheld or retained as such by the Engineer-in-
Charge or Government till the claim arising out of or under the contract is
determined by the arbitrator(if the contract is governed by the arbitration clause)
by the competent court, as the case may be and that the contractor will have no
claim for interest or damages whatsoever on any account in respect of such
withholding or retention under the lien referred to above and duly notified as
such to the contractor. For the purpose of this clause, where the contractor is a
partnership firm or a limited company, the Engineer-in-charge or the
Government shall be entitled to withhold and also have a lien to retain towards
such claimed amount or amounts in whole or in part from any sum found
payable to any partner/limited company as the case may be, whether in his
individual capacity or otherwise.
(ii) Government shall have the right to cause an audit and technical examination of
the works and the final bills of the contractor including all supporting vouchers,
abstract, etc., to be made after payment of the final bill and if as a result of such
audit and technical examination any sum is found to have been overpaid in
respect of any work done by the contractor under the contract or any work
claimed to have been done by him under the contract and found not to have
been executed, the contractor shall be liable to refund the amount of over-
payment and it shall be lawful for Government to recover the same from him in
the manner prescribed in sub- clause (i) of this clause or in any other manner
legally permissible; and if it is found that the contractor was paid less than what
was due to him under the contract in respect of any work executed by him under
it, the amount of such under payment shall be duly paid by Government to the
contractor, without any interest thereon whatsoever.
Provided that the Government shall not be entitled to recover any sum overpaid, nor the
contractor shall be entitled to payment of any sum paid short where such payment has
been agreed upon between the Superintending Engineer or Executive Engineer on the
one hand and the contractor on the other under any term of the contract permitting
payment for work after assessment by the Superintending Engineer or the Engineer-in-
Charge.
55 | P a g e
Clause 28
Lien in respect of
Any sum of money due and payable to the contractor (including the security deposit
claims in other
Contracts returnable to him) under the contract may be withheld or retained by way of lien by the
Engineer-in- charge or the Government or any other contracting person or persons
through Engineer-in- charge against any claim of the Engineer-in-charge or
Government or such other person or persons in respect of payment of a sum of money
arising out of or under any other contract made by the contractor with the Engineer- in-
charge or the Government or with such other person or persons. It is an agreed term of
the contract that the sum of money so withheld or retained under this clause by the
Engineer-in-charge or the Government will be kept withheld or retained as such by the
Engineer-in-charge or the Government or till his claim arising out of the same contract
or any other contract is either mutually settled or determined by the arbitration clause
or by the competent court, as the case may be and that the contractor shall have no
claim for interest or damages whatsoever on this account or on any other ground in
respect of any sum of money withheld or retained under this clause and duly notified
as such to the contractor.
Clause 29
Employment of coal The contractor shall not employ coal mining or controlled area labour falling under any
mining or controlled category whatsoever on or in connection with the work or recruit labour from area within a
area labour not radius of 32 km (20 miles) of the controlled area. Subject as above the contractor shall
Permissible employ imported labour only i.e., deposit imported labour or labour imported by
contractors from area, from which import is permitted.
Where ceiling price for imported labour has been fixed by State or Regional Labour
Committees, not more than that ceiling price shall be paid to the labour by the contractor.
The contractor shall immediately remove any labourer who may be pointed out by the
Engineer in-Charge as being a coal mining or controlled area labourer. Failure to do so
shall render the contractor liable to pay to Government a sum calculated at the rate of
Rs.100/- per day per labourer. The certificate of the Engineer-in-Charge about the number
of coal mining or controlled area labourer and the number of days for which they worked
shall be final and binding upon all parties to this contract.
It is declared and agreed between the parties that the aforesaid stipulation in this clause is
one in which the public are interested within the meaning of the exception in Section 74 of
Indian Contract Act, 1872.
Explanation:- Controlled Area means the following areas:
Districts of Dhanbad, Hazaribagh, Jamtara - a Sub-Division under Santhal Pargana
Commissionery, Districts of Bankuara, Birbhum, Burdwan, District of Bilaspur.
Water for Works Any other area which may be declared a Controlled Area by or with the approval of the
Central Government.
Clause 30
The contractor(s) shall make his/their own arrangements for water required for the work
and nothing extra will be paid for the same. This will be subject to the following conditions.
(i) That the water used by the contractor(s) shall be fit for construction purposes to the
satisfaction of the Engineer-in-Charge.
The Engineer-in-Charge shall make alternative arrangements for supply of water at the risk
and cost of contractor(s) if the arrangements made by the contractor(s) for procurement of
water are in the opinion of the Engineer-in-Charge, unsatisfactory.
56 | P a g e
Clause 31
Alternate water
arrangements The contractor shall be allowed to construct temporary wells in Government land for taking
water for construction purposes only after he has got permission of the Engineer-in- charge in
writing. No charges shall be recovered from the contractor on this account, but the
contractor shall be required to provide necessary safety arrangements to avoid any accidents
or damage to adjacent buildings, roads and service lines. He shall be responsible for any
accidents or damage caused due to construction and subsequent maintenance of the wells
and shall restore the ground to its original condition after the wells are dismantled on
completion of the work.
Employment of
Clause 32
Technical Staff and
employees Contractors Superintendence, Supervision, Technical Staff & Employees
(i) The contractor shall provide all necessary superintendence during execution of
the work and all along thereafter as may be necessary for proper fulfilling of the
obligations under the contract.
As per tendered amount (worked out on the basis of quoted rate of individual items)
and before commencement of the work, intimate in writing to the Engineer-in-
Charge, the name(s), qualifications, experience, age, address(s) and other particulars
along with certificates, of the principal technical representative to be in charge of the
work and other technical representative(s) who will be supervising the work.
Minimum requirement of such technical representative(s) and their qualifications and
experience shall not be lower than specified in Schedule ‘F’. Even of the contractor
(or partner(s) in case of firm/ company) is himself / herself an Engineers, it is
necessary on the part of the contractor to Employ principal technical representative /
technical representative (s) as per stipulation in Schedule ‘F’.
57 | P a g e
in the site order book and shall affix his/their signature in token of noting down the
instructions and in token of acceptance of measurements/checked measurements/ test
checked measurements. The representative(s) shall not look after any other work.
58 | P a g e
Substitutes, duly approved by Engineer-in-Charge of the work in similar manner as
aforesaid shall be provided in event of absence of any of the representative(s) by more
than two days.If the Engineer-in-Charge, whose decision in this respect is final and
binding on the contractor, is convinced that no such technical representative(s) is/are
effectively appointed or is/are effectively attending or fulfilling the provision of this
clause, a recovery (non-refundable) shall be effected from the contractor as specified in
Schedule 'F' and the decision of the Engineer-In-Charge as recorded in the site order
book and measurement recorded checked/test checked in Measurement Books shall be
final and binding on the contractor. Further if the contractor fails to appoint suitable
technical Principal technical representative and/or other technical representative(s) and if
such appointed persons are not effectively present or are absent by more than two days
without duly approved substitute or do not discharge their responsibilities satisfactorily,
the Engineer-in-Charge shall have full powers to suspend the execution of the work until
such date as suitable other technical representative(s) is/are appointed and the contractor
shall be held responsible for the delay so caused to the work. The contractor shall submit
a certificate of employment of the technical representative(s) (in the form of copy of
Form-16 or CPF deduction issued to the Engineers employed by him) along with every
on account bill/ final bill and shall produce evidence if at any time so required by the
Engineer-in-Charge.
(ii) The contractor shall provide and employ on the site only such technical
assistants as are skilled and experienced in their respective fields and such
foremen and supervisory staff as are competent to give proper supervision to the
work.
The contractor shall provide and employ skilled, semiskilled and unskilled
labour as is necessary for proper and timely execution of the work.
The Engineer-in-Charge shall be at liberty to object to and require the contractor
to remove from the works any person who in his opinion misconducts himself,
or is incompetent or negligent in the performance of his duties or whose
employment is otherwise considered by the Engineer-in-Charge to be
undesirable. Such person shall not be employed again at works site without the
Levy/Taxes payable written permission of the Engineer-in- Charge and the persons so removed shall
by Contractor be replaced as soon as possible by competent substitutes.
Clause 33
(i) GST, Building and other Construction Workers Welfare Cess or any other tax,
levy or Cess in respect of input for or output by this contract shall be payable by
the contractor and Government shall not entertain any claim whatsoever in this
respect except as provided under Clause 34.
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of
the red bajri, stone, kankar, stone aggregate, earth, sand etc. from local
authorities.
(iii) If pursuant to or under any law, notification or order any royalty, cess or the
like becomes payable by the Government of India and does not any time
become payable by the contractor to the State Government, Local authorities in
respect of any material used by the contractor in the works, then in such a case,
it shall be lawful to the Government of India and it will have the right and be
entitled to recover the amount paid in the circumstances as aforesaid from dues
of the contractor.
59 | P a g e
Clause 34
Conditions for (i) All tendered rates shall be inclusive of any tax, levy or cess applicable on last
reimbursement of
stipulated date of receipt of tender including extension if any. No adjustment i.e.
levy/taxes if levied
increase or decrease shall be made for any variation in the rate of GST, Building
after receipt of
and Other Construction Workers Welfare Cess or any tax, levy or cess applicable
Tenders
on inputs.
However, effect of variation in rates of GST or Building and Other Construction
Workers Welfare Cess or imposition or repeal of any other tax, levy or cess
applicable on output of the works contract shall be adjusted on either side, increase
or decrease.
Provided further that for Building and Other Construction Workers Welfare Cess
or any tax (other than GST), levy or cess varied or imposed after the last date of
receipt of tender including extension if any, any increase shall be reimbursed to the
contractor only if the contractor necessarily and properly pays such increased
amount of taxes/ levies/cess.
Provided further that such increase including GST shall not be made in the
extended period of contract for which the contractor alone is responsible for delay
as determined by authority for extension of time under Clause 5 in Schedule F.
(ii) The contractor shall keep necessary books of accounts and other documents for the
purpose of this condition as may be necessary and shall allow inspection of the
same by a duly authorized representative of the Government and/or the Engineer-
in-charge and shall also furnish such other information/document as the Engineer-
in-Charge may require from time to time.
(iii) The contractor shall, within a period of 30 days of the imposition of any such
further tax or levy or cess, or variation or repeal of such tax or levy or cess give a
written notice thereof to the Engineer-in-charge that the same is given pursuant to
Termination of this condition, together with all necessary information relating thereto.
Contract on death of
contractor Clause 35
Without prejudice to any of the rights or remedies under this contract, if the contractor
dies, the Engineer-in-charge on behalf of the Governor of Uttar Pradesh shall have the
option of terminating the contract without compensation to the contractor.
If relative working Clause 36
inNIYOJAN
VIBHAG/UPPWD The contractor shall not be permitted to tender for works in the NIYOJAN
then the contractor VIBHAG/UPPWD circle (Division in case of contractors of Horticulture/Nursery
not allowed to categories) responsible for award and execution of contracts in which his near relative is
tender posted as Divisional Accountant or as an officer in any capacity between the grades of the
Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the
names of persons who are working with him in any capacity or are subsequently
employed by him and who are near relatives to any Gazetted Officer in the NIYOJAN
VIBHAG/UPPWD or in the Ministry of Housing and Urban Affairs. Any breach of this
condition by the contractor would render him liable to be removed from the approved list
of contractors of this Department. If however the contractor is registered in any other
department, he shall be debarred from tendering in NIYOJAN VIBHAG/UPPWD for any
breach of this condition.
NOTE: By the term "near relatives" is meant wife, husband, parents and grandparents,
children and grandchildren, brothers and sisters, uncles, aunts and cousins and their
corresponding in-laws.
60 | P a g e
Clause 37
No Gazetted
No engineer of gazetted rank or other gazetted officer employed in engineering or
Engineer to work as
administrative duties in an engineering department of the Government of India shall
Contractor within
work as a contractor or employee of a contractor for a period of one year after his
one year of
retirement from government service without the previous permission of Government
retirement
of India in writing. This contract is liable to be cancelled if either the contractor or any
of his employees is found at any time to be such a person who had not obtained the
permission of Government of India as aforesaid, before submission of the tender or
engagement in the contractor's service, as the case may be.
Clause 38
Theoretical (i) After completion of the work and also at any intermediate stage in the event of
consumption of Non reconciliation of materials issued theoretical quantity of materials used in
Material the work shall be calculated on the basis and method given hereunder:
(a) Quantity of cement & bitumen shall be calculated on the basis of quantity of
cement & bitumen required for different items of work as shown in the
Schedule of Rates mentioned in Schedule 'F'. In case any item is executed for
which standard constants for the consumption of cement or bitumen are not
available in the above-mentioned schedule/statement or cannot be derived
from the same shall be calculated on the basis of standard formula to be laid
down by the Engineer-in-Charge.
(b) Theoretical quantity of steel reinforcement or structural steel sections shall
be taken as the quantity required as per design or as authorized by Engineer-
in- Charge, including authorized lappages, chairs etc. plus 3% wastage due to
cutting into pieces, such theoretical quantity being determined and compared
with the actual, each diameter wise, section wise and category wise
separately.
(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires and cables,
pig lead and G.I./M.S. sheets shall be taken as quantity actually required and
measured plus 5% for wastage due to cutting into pieces (except in the case of
G.I./M.S. sheets it shall be 10%), such determination & comparison being
made diameter wise & category wise.
(d) For any other material as per actual requirements.
Over the theoretical quantities of materials so computed a variation shall be allowed
as specified in Schedule 'F' For nonscheduled items, the decision of the
Superintending Engineer regarding theoretical quantities of materials which should
have been actually used, shall be final and binding on the contractor.
(ii) The said action under this clause is without prejudice to the right of the Government
to take action against the contractor under any other conditions of contract for not
Compensation doing the work according to the prescribed specifications.
during warlike
Clause 39
situations
The work (whether fully constructed or not) and all materials, machines, tools and
plants, scaffolding, temporary buildings and other things connected therewith shall be
at the risk of the contractor until the work has been delivered to the Engineer-in-
Charge and a certificate from him to that effect obtained. In the event of the work or any
materials properly brought to the site for incorporation in the work being damaged or
destroyed in consequence of hostilities or warlike operation, the contractor shall when
ordered (in writing) by the Engineer-in-Charge to remove any debris from the site,
collect and properly stack or remove in store all serviceable
61 | P a g e
materials salvaged from the damaged work and shall be paid at the contract rates in
accordance with the provision of this agreement for the work of clearing the site of
debris, stacking or removal of serviceable material and for reconstruction of all works
ordered by the Engineer- in-Charge, such payments being in addition to compensation
upto the value of the work originally executed before being damaged or destroyed and
not paid for. In case of works damaged or destroyed but not already measured and paid
for, the compensation shall be assessed by the Divisional Officer upto Rs.2,00,000/-
and by the next higher officer concerned for a higher amount. The contractor shall be
paid for the damages/destruction suffered and for restoring the material at the rate based
on analysis of rates tendered for in accordance with the provision of the contract. The
certificate of the Engineer-in-Charge regarding the quality and quantity of materials
and the purpose for which they were collected shall be final and binding on all parties
to this contract.
Provided always that no compensation shall be payable for any loss in consequence of
hostilities or warlike operations (a) unless the contractor had taken all such precautions
against air raid as are deemed necessary by the A.R.P. (Air Raid Precaution) Officers or
the Engineer-in-Charge (b) for any material etc. not on the site of the work or for any
tools, plant, machinery, scaffolding, temporary building and other things not intended
for the work. In the event of the contractor having to carry out reconstruction as
aforesaid, he shall be allowed such extension of time for its completion as is
Apprentices Act
provisions to be considered reasonable by the Divisional Officer.
complied with Clause 40
The contractor shall comply with the provisions of the Apprentices Act, 1961 and the
rules and orders issued there under from time to time. If he fails to do so, his failure
will be a breach of the contract and the Superintending Engineer may, in his discretion,
cancel the contract. The contractor shall also be liable for any pecuniary liability arising
Release of Security
on account of any violation by him of the provisions of the said Act.
deposit
Clause 41
The Security Deposit of the work shall be refunded if no labour complaint has been
received from the labour officer till the due date of its payment. lf a labour complaint
is received during this period, the Engineer-in-Charge shall, after issue of notice in this
regard to the contractor, deduct the amount required to settle the complaint from his
security deposit and refund the balance amount.
Note :- In case of any discrepancies between Hindi and English version, English version
shall prevail.
62 | P a g e
INTEGRITY PACT
(Integrity Pact is applicable for all works of estimated cost put to tender equal to or more than the threshold value given in
Schedule-F)
This Integrity Pact is made at ................ on this ............ day of ............ 20 .....
BETWEEN
Governor of Uttar Pradesh represented by the Engineer-in-Charge (hereinafter referred to as the Principal, which expression
shall unless repugnant to them earning or context here of include its successors and permitted assignees)
AND
..................................................................................................................................................................
(Name and address of the Bidder)
(Hereinafter referred to as the Bidder/Contractor and which expression shall unless repugnant to the meaning or context hereof
include its successors and permitted assignees)
Preamble
WHEREAS the Principal has floated the tender (NIT No… ............................. ) (herein after referred to as the Tender) and
intends to award, under laid down organizational procedure, contract for (Name of work) hereinafter referred to as the Contract.
AND WHEREAS the Principal values full compliance with all relevant laws of the land, rules, regulations, economic use of
resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s).
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter
referred to as Integrity Pact), the terms and conditions of which shall also be read as integral part and parcel of the Tender/Bid
documents and Contract between the parties.
In order to achieve these goals, the Principal will appoint Independent External Monitors (IEMs) who will monitor the tender
process and the execution of the contract for compliance with the principles mentioned hereunder.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and
this Integrity Pact witnesses as under:
Articles
Article 1: Commitment of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following
principles:
(a) No employee of the Principal, personally or through any of his/her family members, will in connection with the
Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any
material or immaterial benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process, treat all Bidder(s) with equity and reason. The Principal will, in
particular, before and during the Tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential/ additional information through which the Bidder(s) could obtain an
advantage in relation to the Tender process or the Contract execution.
(c) The Principal shall endeavour to exclude from the Tender process any person, whose conduct in the past has
been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the
Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein
63 | P a g e
mentioned or if there be a substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures.
Article 2: Commitment of the Bidder(s)/Contractor(s)
1. It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere to the
highest ethical standards, and report to the Government / Department all suspected acts of fraud or corruption or
Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process and throughout the
negotiation or award of a contract.
2. The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits himself
to observe the following principles during his participation in the Tender process and during the Contract execution:
(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any
of the Principal employees involved in the Tender process or execution of the Contract or to any third person
any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage
of any kind whatsoever during the Tender process or during the execution of the Contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding,
whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of Bids or any other actions to restrict competitiveness or to cartelize
in the Bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/
Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any
information or documents provided by the Principal/Owner as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/ representatives in
India, if any. Similarly Bidder(s)/Contractor(s) of Indian nationality shall disclose names and addresses of foreign
agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal
directly could Bid in a tender but not both. Further, in cases where an agent participates in a tender on behalf of
one manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with the first
manufacturer in a subsequent/parallel tender for the same item.
(e) The Bidder(s)/Contractor(s) will, when presenting his Bid, disclose any and all payments he has made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of
the Contract.
(f) Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the courts while representing the
matter to IEMs and shall wait for their decision in the matter.
3. The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to
such offences.
4. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent practice, wilful
misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official to act
in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others
and/or to influence the procurement process to the detriment of the Government interests.
5. The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use coercive practices (which shall
include the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or
the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/ her reputation or
property) to influence their participation in the tendering process.
64 | P a g e
Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect and uphold the Principal absolute right:
1. If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression
through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the
Principal after giving 14 days notice to the contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from
the Tender process or terminate/determine the Contract, if already executed or exclude the Bidder/Contractor from
future contract award processes. The imposition and duration of the exclusion will be determined by the severity of
transgression and determined by the Principal. Such exclusion may be forever or for a limited period as decided by the
Principal.
2. Forfeiture of Earnest Money Deposit/Performance Guarantee/Security Deposit: If the Principal has disqualified the
Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has
accrued the right to terminate/determine the Contract according to Article 3(1), the Principal apart from exercising any
legal rights that may have accrued to the Principal, may in its considered opinion forfeit the entire amount of Earnest
Money Deposit/Performance Guarantee and Security Deposit of the Bidder/Contractor.
3. Criminal Liability: If the Principal obtains knowledge of conduct of a Bidder or Contractor, or of an employee or a
representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of PC Act, or if
the Principal has substantive suspicion in this regard, the Principal will inform the same to law enforcing agencies for
further investigation.
65 | P a g e
3. If the Contractor is a partnership or a consortium, this Integrity Pact must be signed by all the partners or by one or
more partner holding power of attorney signed by all partners and consortium members. In case of a Company, the
Integrity Pact must be signed by a representative duly authorized by board resolution.
4. Should one or several provisions of this Integrity Pact turn out to be invalid; the remainder of this Pact remains valid. In
this case, the parties will strive to come to an agreement to their original intensions.
5. Issues like Warranty/Guarantee etc. shall be outside the purview of IEMs.
6. It is agreed term and condition that any dispute or difference arising between the parties with regard to the terms of this
Integrity Pact, any action taken by the Principal in accordance with this Integrity Pact or interpretation thereof shall not
be subject to arbitration.
7. In view of the nature of integrity pact, the Integrity Pact is irrevocable and shall remain valid even if the main
tender/contract is terminated till the currency of the integrity pact.
8. If any complaint regarding violation of IP is received directly by the Principal in respect of the contract, the same shall
be referred to the IEM for comments/recommendations.
66 | P a g e
Article 9- Legal and Prior Rights
All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such
parties under the Contract and/or law and the same shall be deemed to be cumulative and not alternative to such legal rights and
remedies aforesaid. For the sake of brevity, both the Parties agree that this Integrity Pact will have precedence over the
Tender/Contact documents with regard to any of the provisions covered under this Integrity Pact.
IN WITNESS WHERE OF the parties have signed and executed this Integrity Pact at the place and date first above
mentioned in the presence of following witnesses:
.....................................................
(For and on behalf of Principal)
.....................................................
(For and on behalf of Bidder/Contractor)
WITNESSES:
1 ............................................
(signature, name and address)
2............................................
(signature, name and address)
Place:
Dated:
Note: To be signed by the Bidder and the Engineer-in-Charge.
Provision of IEMs
IEMs (Independent External Monitors) have been appointed to monitor IP (Integrity pact) for works having estimated cost as
mentioned in Schedule F. Details (names, address, number etc.) of IEMs are available in the Schedule F.
67 | P a g e
UPPWD SAFETY CODE
1. Suitable scaffolds should be provided for workmen for all works that cannot safely be done from the ground, or from solid
construction except such short period work as can be done safely from ladders. When a ladder is used, an extra mazdoor
shall be engaged for holding the ladder and if the ladder is used for carrying materials as well suitable footholds and
handhold shall be provided on the ladder and the ladder shall be given an inclination not steeper than ¼ to 1(¼ horizontal
and 1 vertical.)
2. Scaffolding of staging more than 3.6 m (12ft.) above the ground or floor, swung or suspended from an overhead support
or erected with stationary support shall have a guard rail properly attached or bolted, braced and otherwise secured at
least 90 cm. (3ft.) high above the floor or platform of such scaffolding or staging and extending along the entire length of
the outside and ends there of with only such opening as may be necessary for the delivery of materials. Such scaffolding
or staging shall be so fastened as to prevent it from swaying from the building or structure.
3. Working platforms, gangways and stairways should be so constructed that they should not sag unduly or unequally, and
if the height of the platform or the gangway or the stairway is more than 3.6 m (12ft.) above ground level or floor level,
they should be closely boarded, should have adequate width and should be suitably fastened as described in (2) above.
4. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent the
fall of person or materials by providing suitable fencing or railing whose minimum height shall be 90 cm. (3ft.)
5. Safe means of access shall be provided to all working platforms and other working places. Every ladder shall be
securely fixed. No portable single ladder shall be over 9m. (30ft.) in length while the width between side rails in rung
ladder shall in no case be less than 29 cm. (11½") for ladder upto and including 3 m. (10 ft.) in length. For longer ladders,
this width should be increased at least ¼ ”for each additional 30 cm. (1 foot) of length. Uniform step spacing of not more
than 30 cm shall be kept. Adequate precautions shall be taken to prevent danger from electrical equipment. No materials
on any of the sites or work shall be so stacked or placed as to cause danger or inconvenience to any person or the public.
The contractor shall provide all necessary fencing and lights to protect the public from accident and shall be bound to
bear the expenses of defence of every suit, action or other proceedings at law that may be brought by any person for
injury sustained owing to neglect of the above precautions and to pay any damages and cost which may be awarded in
any such suit; action or proceedings to any such person or which may, with the consent of the contractor, be paid to
compensate any claim by any such person.
6. (a) Excavation and Trenching - All trenches 1.2 m. (4ft.) or more in depth, shall at all times be supplied with at least one
ladder for each 30 m. (100 ft.) in length or fraction thereof, Ladder shall extend from bottom of the trench to at least 90
cm. (3ft.) above the surface of the ground. The side of the trenches which are 1.5 m. (5ft.) or more in depth shall be stepped
back to give suitable slope or securely held by timber bracing, so as to avoid the danger of sides collapsing. The
excavated materials shall not be placed within 1.5 m. (5ft.) of the edges of the trench or half of the depth of the trench
whichever is more. Cutting shall be done from top to bottom. Under no circumstances, undermining or undercutting shall
be done.
7. Safety Measures for digging bore holes:-
(i) If the bore well is successful, it should be safely capped to avoid caving and collapse of the bore well. The
failed and the abandoned ones should be completely refilled to avoid caving and collapse;
(ii) During drilling, Sign boards should be erected near the site with the address of the drilling contractor and the
Engineer in-charge of the work;
(iii) Suitable fencing should be erected around the well during the drilling and after the installation of the rig on
the point of drilling, flags shall be put 50m alround the point of drilling to avoid entry of people;
68 | P a g e
(iv) After drilling the borewell, a cement platform (0.50m x 0.50m x 1.20m) 0.60m above ground level and 0.60m
below ground level should be constructed around the well casing;
(v) After the completion of the borewell, the contractor should cap the bore well properly by welding steel plate,
cover the bore well with the drilled wet soil and fix thorny shrubs over the soil. This should be done even
while repairing the pump;
(vi) After the borewell is drilled the entire site should be brought to the ground level.
8. Demolition - Before any demolition work is commenced and also during the progress of the work,
(i) All roads and open areas adjacent to the work site shall either be closed or suitably protected.
(ii) No electric cable or apparatus which is liable to be a source of danger or a cable or apparatus used by the operator shall
remain electrically charged.
(iii) All practical steps shall be taken to prevent danger to persons employed from risk of fire or explosion or flooding.
No floor, roof or other part of the building shall be so overloaded with debris or materials as to render it unsafe.
9. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge should be kept available for
the use of the person employed on the site and maintained in a condition suitable for immediate use, and the contractor
should take adequate steps to ensure proper use of equipment by those concerned:- The following safety equipment shall
invariably be provided.
(i) Workers employed on mixing asphaltic materials, cement and lime mortars shall be provided with protective
footwear and protective goggles.
(ii) Those engaged in white washing and mixing or stacking of cement bags or any material which is injurious to the
eyes, shall be provided with protective goggles.
(iii) Those engaged in welding works shall be provided with welder’s protective eye shields.
(iv) Stone breaker shall be provided with protective goggles and protective clothing and seated at sufficiently safe
intervals.
(v) When workers are employed in sewers and manholes, which are in active use, the contractors shall ensure that the
manhole covers are opened and ventilated atleast for an hour before the workers are allowed to get into the
manholes, and the manholes so opened shall be cordoned off with suitable railing and provided with warning
signals or boards to prevent accident to the public. In addition, the contractor shall ensure that the following safety
measure are adhered to :-
(a) Entry for workers into the line shall not be allowed except under supervision of the JE or any other higher
officer.
(b) At least 5 to 6 manholes upstream and downstream should be kept open for at least 2 to 3 hours before any
man is allowed to enter into the manhole for working inside.
(c) Before entry, presence of Toxic gases should be tested by inserting wet lead acetate paper which changes
colour in the presence of such gases and gives indication of their presence.
(d) Presence of Oxygen should be verified by lowering a detector lamp into the manhole. In case, no Oxygen is
found inside the sewer line, workers should be sent only with Oxygen kit.
(e) Safety belt with rope should be provided to the workers. While working inside the manholes, such rope
should be handled by two men standing outside to enable him to be pulled out during emergency.
(f) The area should be barricaded or cordoned of by suitable means to avoid mishaps of any kind. Proper
warning signs should be displayed for the safety of the public whenever cleaning works are undertaken
during night or day.
(g) No smoking or open flames shall be allowed near the blocked manhole being cleaned.
69 | P a g e
(h) The malba obtained on account of cleaning of blocked manholes and sewer lines should be immediately
removed to avoid accidents on account of slippery nature of the malba.
(i) Workers should not be allowed to work inside the manhole continuously. He should be given rest
intermittently. The Engineer-in-Charge shall decide the time up to which a worker may be allowed to work
continuously inside the manhole.
(j) Gas masks with Oxygen Cylinder should be kept at site for use in emergency.
(k) Air-blowers should be used for flow of fresh air through the manholes. Whenever called for, portable air
blowers are recommended for ventilating the manholes. The Motors for these shall be vapour proof and of
totally enclosed type. Non sparking gas engines also could be used but they should be placed at least 2
metres away from the opening and on the leeward side protected from wind so that they will not be a source
of friction on any inflammable gas that might be present.
(l) The workers engaged for cleaning the manholes/sewers should be properly trained before allowing to work
in the manhole.
(m) The workers shall be provided with Gumboots or non sparking shoes bump helmets and gloves non sparking
tools safety lights and gas masks and portable air blowers (when necessary). They must be supplied with
barrier cream for anointing the limbs before working inside the sewer lines.
(n) Workmen descending a manhole shall try each ladder stop or rung carefully before putting his full weight
on it to guard against insecure fastening due to corrosion of the rung fixed to manhole well.
(o) If a man has received a physical injury, he should be brought out of the sewer immediately and adequate
medical aid should be provided to him.
(p) The extent to which these precautions are to be taken depend on individual situation but the decision of the
Engineer-in-Charge regarding the steps to be taken in this regard in an individual case will be final.
(vi) The Contractor shall not employ men and women below the age of 18 years on the work of painting with products
containing lead in any form. Wherever men above the age of 18 are employed on the work of lead painting, the
following precaution should be taken:-
(a) No paint containing lead or lead products shall be used except in the form of paste or readymadepaint.
(b) Suitable face masks should be supplied for use by the workers when paint is applied in the form of spray or a
surface having lead paint is dry rubbed and scrapped.
(c) Overalls shall be supplied by the contractors to the workmen and adequate facilities shall be providedto enable the
working painters to wash during and on the cessation of work.
(vii) Workmen executing work on scaffolds or other structures above specified height shall be provided with full body
harness and fall arresters.
10. An additional clause (viii)(i) of Central Public Works Department Safety Code (iv) the Contractor shall not employ women and
men below the age of 18 on the work of painting with product containing lead in any form, wherever men above the age of
18 are employed on the work of lead painting, the following principles must be observed for such use :
(i) White lead, sulphate of lead or product containing these pigment, shall not be used in painting operationexcept in the
form of pastes or paint ready for use.
(ii) Measures shall be taken, wherever required in order to prevent danger arising from the application of a paintin the form of
spray.
(iii) Measures shall be taken, wherever practicable, to prevent danger arising out of from dust caused by dryrubbing down
and scraping.
70 | P a g e
(iv) Adequate facilities shall be provided to enable working painters to wash during and on cessation of work.
(v) Overall shall be worn by working painters during the whole of working period.
(vi) Suitable arrangement shall be made to prevent clothing put off during working hours being spoiled13 by painting
materials.
(vii) Cases of lead poisoning and suspected lead poisoning shall be notified and shall be subsequently verified by medical
man appointed by competent authority of NIYOJAN VIBHAG/UPPWD.
(viii) NIYOJAN VIBHAG/UPPWD may require, when necessary medical examination of workers.
(ix) Instructions with regard to special hygienic precautions to be taken in the painting trade shall be distributed to
working painters.
11. When the work is done near any place where there is risk of drowning, all necessary equipments should be provided and
kept ready for use and all necessary steps taken for prompt rescue of any person in danger andadequate provision, should be
made for prompt first aid treatment of all injuries likely to be obtained during thecourse of the work.
12. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following
standards or conditions:-
(i) (a) These shall be of good mechanical construction, sound materials and adequate strength and free from patent
defects and shall be kept repaired and in good working order.
(b) Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and
adequate strength, and free from patent defects.
(ii) Every crane driver or hoisting appliance operator, shall be properly qualified and no person under the age of 21
years should be in charge of any hoisting machine including any scaffolding winch or give signals to operator.
(iii) In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in hoisting
or as means of suspension, the safe working load shall be ascertained by adequate means. Every hoisting machine
and all gear referred to above shall be plainly marked with the safe working load. In case of a hoisting machine
having a variable safe working load each safe working load and the condition under which it is applicable shall be
clearly indicated. No part of any machine or any gear referred to above in this paragraph shall be loaded beyond
the safe working load except for the purpose of testing.
(iv) In case of departmental machines, the safe working load shall be notified by the Electrical Engineer-in- Charge.
As regards contractor’s machines the contractors shall notify the safe working load of the machine to the
Engineer-in-Charge whenever he brings any machinery to site of work and get it verified by the Electrical
Engineer concerned.
13. Motors, gearing, transmission, electric wiring and other dangerous parts of hoisting appliances should be provided with
efficient safeguards. Hoisting appliances should be provided with such means as will reduce to the minimum the risk of
accidental descent of the load. Adequate precautions should be taken to reduce to the minimum the risk of any part of a
suspended load becoming accidentally displaced. When workers are employed on electrical installations which are
already energized, insulating mats, wearing apparel, such as gloves, sleeves and boots as may be necessary should be
provided. The worker should not wear any rings, watches and carry keys or other materials which are good conductors of
electricity.
14. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in safe condition and
no scaffold, ladder or equipment shall be altered or removed while it is in use. Adequate washing facilities should be
provided at or near places of work.
15. These safety provisions should be brought to the notice of all concerned by display on a notice board at a prominent
71 | P a g e
place at work spot. The person responsible for compliance of the safety code shall be named therein by the contractor.
16. To ensure effective enforcement of the rules and regulations relating to safety precautions the arrangements made by the
contractor shall be open to inspection by the Labour Officer or Engineer-in-Charge of the department or their
representatives.
17. Notwithstanding the above clauses from (1) to (15), there is nothing in these to exempt the contractor from the operations
of any other Act or Rule in force in the Republic of India.
72 | P a g e
Model Rules for the Protection of Health and Sanitary Arrangements for WorkersEmployed by
NIYOJAN VIBHAG/UPPWD or its Contractors
1. APPLICATION
These rules shall apply to all buildings and construction works in charge of Central Public Works Department/ PWD (DA)
in which twenty or more workers are ordinarily employed or are proposed to be employed in any day during the period
during which the contract work is in progress.
2. DEFINITION
Work place means a place where twenty or more workers are ordinarily employed in connection with construction work on any
day during the period during which the contract work is in progress.
3. FIRST-AID FACILITIES
(i) At every work place, there shall be provided and maintained, so as to be easily accessible during working hours,
first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof ordinarilyemployed.
(ii) The first-aid box shall be distinctly marked with a red cross on white back ground and shall contain the following
equipment:-
(a) For work places in which the number of contract labour employed does not exceed 50- Each
first-aid box shall contain the following equipments :-
1. 6 small sterilised dressings.
2. 3 medium size sterilised dressings.
3. 3 large size sterilised dressings.
4. 3 large sterilised burn dressings.
5. 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine.
6. 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated onthe label.
7. 1 snakebite lancet.
8. 1 (30 gms.) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1 copy of the first-aid leaflet issued by the Director General, Factory Advice Service and Labour
Institutes, Government of India.
11. 1 bottle containing 100 tablets (each of 5 gms.) of aspirin.
12. Ointment for burns.
13. A bottle of suitable surgical antiseptic solution.
(b) For work places in which the number of contract labour exceed 50. Each first-aid
box shall contain the following equipments.
1. 12 small sterilised dressings.
2. 6 medium size sterilised dressings.
3. 6 large size sterilised dressings.
4. 6 large size sterilised burn dressings.
5. 6 (15 gms.) packets sterilised cotton wool.
73 | P a g e
6. 1 (60 ml.) bottle containing a two per cent alcoholic solution iodine.
7. 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated onthe label.
8. 1 roll of adhesive plaster.
9. 1 snake bite lancet.
10. 1 (30 gms.) bottle of potassium permanganate crystals.
11. 1 pair scissors.
12. 1 copy of the first-aid leaflet issued by the Director General Factory Advice Service and Labour
Institutes /Government of India.
13. A bottle containing 100 tablets (each of 5 gms.) of aspirin.
14. Ointment for burns.
15. A bottle of suitable surgical antiseptic solution.
(iii) Adequate arrangements shall be made for immediate recoupment of the equipment when necessary.
(iv) Nothing except the prescribed contents shall be kept in the First-aid box.
(v) The first-aid box shall be kept in charge of a responsible person who shall always be readily available during the
working hours of the work place.
(vi) A person in charge of the First-aid box shall be a person trained in First-aid treatment in the work places where the
number of contract labour employed is 150 or more.
(vii) In work places where the number of contract labour employed is 500 or more and hospital facilities are not
available within easy distance from the works. First-aid posts shall be established and run by a trained
compounder. The compounder shall be on duty and shall be available at all hours when the workers are at work.
(viii) Where work places are situated in places which are not towns or cities, a suitable motor transport shall be kept
readily available to carry injured person or person suddenly taken ill to the nearest hospital.
4. DRINKING WATER
(i) In every work place, there shall be provided and maintained at suitable places, easily accessible to labour, a
sufficient supply of cold water fit for drinking.
(ii) Where drinking water is obtained from an Intermittent public water supply, each work place shall be provided
with storage where such drinking water shall be stored.
(iii) Every water supply or storage shall be at a distance of not less than 50 feet from any latrine drain or other source
of pollution. Where water has to be drawn from an existing well which is within such proximity of latrine, drain or
any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking. All
such wells shall be entirely closed in and be provided with a trap door which shall be dust and waterproof.
(iv) A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for
cleaning or inspection which shall be done at least once a month.
5. WASHING FACILITIES
(i) In every work place adequate and suitable facilities for washing shall be provided and maintained for the use of
contract labour employed therein.
(ii) Separate and adequate cleaning facilities shall be provided for the use of male and female workers.
(iii) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.
6. LATRINES AND URINALS
74 | P a g e
(i) Latrines shall be provided in every work place on the following scale namely :-
(a) Where female are employed, there shall be at least one latrine for every 25 females.
(b) Where males are employed, there shall be at least one latrine for every 25 males.
Provided that, where the number of males or females exceeds 100, it shall be sufficient if there is onelatrine for 25
males or females as the case may be upto the first 100, and one for every 50 thereafter.
(ii) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and
fastenings.
(iii) Construction of latrines: The inside walls shall be constructed of masonry or some suitable heat-resisting
nonabsorbent materials and shall be cement washed inside and outside at least once a year, Latrines shall not be of
a standard lower than borehole system.
(iv) (a) Where workers of both sexes are employed, there shall be displayed outside each block of latrineand urinal, a
notice in the language understood by the majority of the workers “For Men only” or “For Women Only” as
the case may be.
(b) The notice shall also bear the figure of a man or of a woman, as the case may be.
(v) There shall be at least one urinal for male workers upto 50 and one for female workers upto fifty employed at a
time, provided that where the number of male or female workmen, as the case may be exceeds 500, it shall be
sufficient if there is one urinal for every 50 males or females upto the first 500 and one for every 100 or part
thereafter.
(vi) (a) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at
all times.
(b) Latrines and urinals other than those connected with a flush sewage system shall comply with the
requirements of the Public Health Authorities.
(vii) Water shall be provided by means of tap or otherwise so as to be conveniently accessible in or near the latrines and
urinals.
(viii) Disposal of excreta :- Unless otherwise arranged for by the local sanitary authority, arrangements for proper
disposal of excreta by incineration at the work place shall be made by means of a suitable incinerator. Alternately
excreta may be disposed of by putting a layer of night soil at the bottom of a pucca tank prepared for the purpose
and covering it with a 15 cm. layer of waste or refuse and then covering it with a layer of earth for a fortnight (when
it will turn to manure).
(ix) The contractor shall at his own expense, carry out all instructions issued to him by the Engineer-in-Charge to
effect proper disposal of night soil and other conservancy work in respect of the contractor’s workmen or
employees on the site. The contractor shall be responsible for payment of any charges which may be levied by
Municipal or Cantonment Authority for execution of such on his behalf.
7. PROVISION OF SHELTER DURING REST
At every place there shall be provided, free of cost, four suitable sheds, two for meals and the other two for rest
separately for the use of men and women labour. The height of each shelter shall not be less than 3 metres (10 ft.)
from the floor level to the lowest part of the roof. These shall be kept clean and the space provided shall be on the
basis of 0.6 sq.m. (6 sft) per head.
Provided that the Engineer-in-Charge may permit subject to his satisfaction, a portion of the building under
construction or other alternative accommodation to be used for the purpose.
8. CRECHES
(i) At every work place, at which 20 or more women worker are ordinarily employed, there shall be provided two
75 | P a g e
rooms of reasonable dimensions for the use of their children under the age of six years. One room shall be used as
a play room for the children and the other as their bedroom. The rooms shall be constructed with specifications as
per clause 19H (ii) a,b & c.
(ii) The rooms shall be provided with suitable and sufficient openings for light and ventilation. There shall be adequate
provision of sweepers to keep the places clean.
(iii) The contractor shall supply adequate number of toys and games in the play room and sufficient number of cots
and beddings in the bed room.
(iv) The contractor shall provide one ayaa to look after the children in the creche when the number of women workers
does not exceed 50 and two when the number of women workers exceed 50.
(v)The use of the rooms earmarked as creches shall be restricted to children, their attendants and mothers of the
children.
9. CANTEENS
(i) In every work place where the work regarding the employment of contract labour is likely to continue for six
months and where in contract labour numbering one hundred or more are ordinarily employed, an adequate canteen
shall be provided by the contractor for the use of such contract labour.
(ii) The canteen shall be maintained by the contractor in an efficient manner.
(iii) The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and washing places separately for
workers and utensils.
(iv) The canteen shall be sufficiently lighted at all times when any person has access to it.
(v) The floor shall be made of smooth and impervious materials and inside walls shall be lime-washed or colour washed
at least once in each year.
(vi) Provided that the inside walls of the kitchen shall be lime-washed every four months.
(vii) The premises of the canteen shall be maintained in a clean and sanitary condition.
(viii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a
nuisance.
(ix) Suitable arrangements shall be made for the collection and disposal of garbage.
(x) The dining hall shall accommodate at a time 30 per cent of the contract labour working at a time.
(xi) The floor area of the dining hall, excluding the area occupied by the service counter and any furniture except tables
and chairs shall not be less than one square metre (10 sft) per diner to be accommodated as prescribed in sub-Rule 9.
(xii) (a) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in
proportion to their number.
(b) Washing places for women shall be separate and screened to secure privacy.
(xiii) Sufficient tables stools, chair or benches shall be available for the number of diners to be accommodated as prescribed in sub-Rule 9.
(xiv) (a) 1. There shall be provided and maintained sufficient utensils crockery, furniture and any other
equipments necessary for the efficient running of the canteen.
2. The furniture utensils and other equipment shall be maintained in a clean and hygienic condition
(b) 1. Suitable clean clothes for the employees serving in the canteen shall be provided and maintained.
2. A service counter, if provided, shall have top of smooth and impervious material.
3. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of
utensils and equipments.
(xv) The food stuffs and other items to be served in the canteen shall be in conformity with the normal habits of the
76 | P a g e
contract labour.
(xvi) The charges for food stuffs, beverages and any other items served in the canteen shall be based on ‘No profit, No
loss’ and shall be conspicuously displayed in the canteen.
(xvii) In arriving at the price of foodstuffs, and other article served in the canteen, the following items shall not be
taken into consideration as expenditure namely:-
(a) The rent of land and building.
(b) The depreciation and maintenance charges for the building and equipments provided for the canteen.
(c) The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and
utensils.
(d) The water charges and other charges incurred for lighting and ventilation.
(e) The interest and amounts spent on the provision and maintenance of equipments provided for the canteen.
(xviii) The accounts pertaining to the canteen shall be audited once every 12 months by registered accountants and
auditors.
10. ANTI-MALARIAL PRECAUTIONS
The contractor shall at his own expense, conform to all anti-malarial instructions given to him by the Engineer- in-Charge
including the filling up of any borrow pits which may have been dug by him.
11. The above rules shall be incorporated in the contracts and in notices inviting tenders and shall form an integral part of
the contracts.
12. AMENDMENTS
Government may, from time to time, add to or amend these rules and issue directions - it may consider necessary for
the purpose of removing any difficulty which may arise in the administration thereof.
77 | P a g e
NIYOJAN VIBHAG/UPPWD Contractor's Labour Regulations
1. SHORT TITLE
These regulations may be called the NIYOJAN VIBHAG/UPPWD/PWD Delhi Contractors Labour Regulations.
2. DEFINITIONS
(i) Workman means any person employed by NIYOJAN VIBHAG/UPPWD/PWD Delhi or its contractor directly or
indirectly through a subcontractor with or without the knowledge of the Central Public Works Department/PWD
Delhi to doany skilled, semiskilled or unskilled manual, supervisory, technical or clerical work for hire or reward,
whether the terms of employment are expressed or implied but does not include any person :-
(a) Who is employed mainly in a managerial or administrative capacity : or
(b) Who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem
or exercises either by the nature of the duties attached to the office or by reason of powers vested in him,
functions mainly of managerial nature: or
(c) Who is an out worker, that is to say, person to whom any article or materials are given out by or onbehalf of the
principal employers to be made up cleaned, washed, altered, ornamental finished, repaired adopted or
otherwise processed for sale for the purpose of the trade or business of the principal employers and the
process is to be carried out either in the home of the out worker or in some other premises, not being premises
under the control and management of the principal employer.
No person below the age of 18 years shall be employed to act as a workman.
(ii) Fair Wages means wages whether for time or piece work fixed and notified under the provisions of the Minimum
Wages Act from time to time.
(iii) Contractors shall include every person who undertakes to produce a given result other than a mere supply of
goods or articles of manufacture through contract labour or who supplies contract labour for any work and includes
a subcontractor.
(iv) Wages shall have the same meaning as defined in the Payment of Wages Act.
3. WORKING HOURS
(i) Normally working hours of an adult employee should not exceed 9 hours a day. The working day shall be so
arranged that inclusive of interval for rest, if any, it shall not spread over more than 12 hours on any day.
(ii) When an adult worker is made to work for more than 9 hours on any day or for more than 48 hours in any week, he
shall be paid over time for the extra hours put in by him at double the ordinary rate of wages.
(iii) (a) Every worker shall be given a weekly holiday normally on a Sunday, in accordance with the provisions of the
Minimum Wages (Central) Rules 1960 as amended from time to time irrespective of whether such worker is
governed by the Minimum Wages Act or not.
(b) Where the minimum wages prescribed by the Government under the Minimum Wages Act are not inclusive of
the wages for the weekly day of rest, the worker shall be entitled to rest day wages at the rate applicable to the
next preceding day, provided he has worked under the same contractor for a continuous period of not less than 6
days.
(c) Where a contractor is permitted by the Engineer-in-Charge to allow a worker to work on a normal weekly
holiday, he shall grant a substituted holiday to him for the whole day on one of the five days immediately before or
after the normal weekly holiday and pay wages to such worker for the work performed on the normal weekly
holiday at overtime rate.
78 | P a g e
4. DISPLAY OF NOTICE REGARDING WAGES ETC.
The contractor shall before he commences his work on contract, display and correctly maintain and continue to display
and correctly maintain in a clear and legible condition in conspicuous places on the work, notices in English and in
the local Indian languages spoken by the majority of the workers giving the minimum rates of wages fixed under
Minimum Wages Act, the actual wages being paid, the hours of work for which such wage are earned, wages periods,
dates of payments of wages and other relevant information as per Appendix ‘III’.
5. PAYMENT OF WAGES
(i) The contractor shall fix wage periods in respect of which wages shall be payable.
(ii) No wage period shall exceed one month.
(iii) The wages of every person employed as contract labour in an establishment or by a contractor where less than
one thousand such persons are employed shall be paid before the expiry of seventh day and in other cases before
the expiry of tenth day after the last day of the wage period in respect of which the wages are payable.
(iv) Where the employment of any worker is terminated by or on behalf of the contractor the wages earned by him
shall be paid before the expiry of the second working day from the date on which his employment is terminated.
(v) All payment of wages shall be made on a working day at the work premises and during the working time and on a
date notified in advance and in case the work is completed before the expiry of the wage period, final payment shall
be made within 48 hours of the last working day.
(vi) Wages due to every worker shall be paid to him direct by contractor through Bank or ECS or online transfer to
his bank account.
(vii) All wages shall be paid through Bank or ECS or online transfer.
(viii) Wages shall be paid without any deductions of any kind except those specified by the Central Government by
general or special order in this behalf or permissible under the Payment of Wages Act 1956.
(ix) A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place
of work and a copy sent by the contractor to the Engineer-in-Charge under acknowledgment.
(x) It shall be the duty of the contractor to ensure the disbursement of wages through bank account of labour.
(xi) The contractor shall obtain from the Junior Engineer or any other authorised representative of the Engineer- in-
Charge as the case may be, a certificate under his signature at the end of the entries in the “Register of Wages” or
the “Wage-cum-Muster Roll” as the case may be in the following form:-
(xii) “Certified that the amount shown in column No ................................ has been paid to the workman concerned through
bank account of labour on ................................ at………”
FINES AND DEDUCTIONS WHICH MAY BE MADE FROM WAGES
(i) The wages of a worker shall be paid to him without any deduction of any kind except the following:-
(a) Fines
(b) Deductions for absence from duty i.e. from the place or the places where by the terms of his employment he
is required to work. The amount of deduction shall be in proportion to the period forwhich he was absent.
(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody or for loss of
money or any other deduction which he is required to account, where such damage or loss is directly attributable
to his neglect or default.
(d) Deduction for recovery of advances or for adjustment of overpayment of wages, advances granted shall be
79 | P a g e
entered in a register.
(e) Any other deduction which the Central Government may from time to time allow.
(ii) No fines should be imposed on any worker save in respect of such acts and omissions on his part as havebeen approved
of by the Chief Labour Commissioner.
Note :- An approved list of Acts and Omissions for which fines can be imposed is enclosed at Appendix-X
(iii) No fine shall be imposed on a worker and no deduction for damage or loss shall be made from his wages until the
worker has been given an opportunity of showing cause against such fines or deductions.
(iv) The total amount of fine which may be imposed in any one wage period on a worker shall not exceed anamount equal
to three paise in a rupee of the total wages, payable to him in respect of that wage period.
(v) No fine imposed on any worker shall be recovered from him by instalment, or after the expiry of sixty days from
the date on which it was imposed.
(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was
imposed.
LABOUR RECORDS
(i) The contractor shall maintain a Register of persons employed on work on contract in Form XIII of the CL (R&A)
Central Rules 1971 (Appendix IV)
(ii) The contractor shall maintain a Muster Roll register in respect of all workmen employed by him on the work
under Contract in Form XVI of the CL (R&A) Rules 1971 (Appendix V).
(iii) The contractor shall maintain a Wage Register in respect of all workmen employed by him on the work under
contract in Form XVII of the CL (R&A) Rules 1971 (Appendix VI).
(iv) Register of accident - The contractor shall maintain a register of accidents in such form as may be convenient at the
work place but the same shall include the following particulars:
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages.
(c) Sex
(d) Age
(e) Nature of accident and cause of accident.
(f) Time and date of accident.
(g) Date and time when admitted in Hospital,
(h) Date of discharge from the Hospital.
(i) Period of treatment and result of treatment.
(j) Percentage of loss of earning capacity and disability as assessed by Medical Officer.
(k) Claim required to be paid under Workmen’s Compensation Act.
(l) Date of payment of compensation.
(m) Amount paid with details of the person to whom the same was paid.
(n) Authority by whom the compensation was assessed.
(o) Remarks
(v) The contractor shall maintain a Register of Fines in the Form XII of the CL (R&A) Rules 1971 (Appendix-XI)
80 | P a g e
(vi) The contractor shall display in a good condition and in a conspicuous place of work the approved list of acts and
omissions for which fines can be imposed (Appendix-X)
(vii) The contractor shall maintain a Register of deductions for damage or loss in Form XX of the CL (R&A) Rules 1971
(Appendix-XII)
(viii) The contractor shall maintain a Register of Advances in Form XXIII of the CL (R&A) Rules 1971
(Appendix-XIII)
(ix) The contractor shall maintain a Register of Overtime in Form XXIII of the CL (R&A) Rules 1971
(Appendix-XIV)
6. ATTENDANCECARD-CUM-WAGE SLIP
(i) The contractor shall issue an Attendance card-cum-wage slip to each workman employed by him in the specimen
form at (Appendix-VII)
(ii) The card shall be valid for each wage period.
(iii) The contractor shall mark the attendance of each workman on the card twice each day, once at the commencement
of the day and again after the rest interval, before he actually starts work.
(iv) The card shall remain in possession of the worker during the wage period under reference.
(v) The contractor shall complete the wage slip portion on the reverse of the card at least a day prior to the
disbursement of wages in respect of the wage period under reference.
(vi) The contractor shall obtain the signature or thumb impression of the worker on the wage slip at the time of
disbursement of wages and retain the card with himself.
7. EMPLOYMENT CARD
The contractor shall issue an Employment Card in Form XIV of the CL (R&A) Central Rules 1971 to each worker
within three days of the employment of the worker (Appendix-VIII).
8. SERVICE CERTIFICATE
On termination of employment for any reason whatsoever the contractor shall issue to the workman whose services
have been terminated, a Service certificate in Form XV of the CL (R&A) Central Rules 1971 (Appendix-IX)
9. PRESERVATION OF LABOUR RECORDS
All records required to be maintained under Regulations Nos. 6 & 7 shall be preserved in original for a period of three
years from the date of last entries made in them and shall be made available for inspection by the Engineer-in-Charge or
Labour Officer or any other officers authorised by the Ministry of Urban Development in this behalf.
10. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR ENQUIRY
The Labour Officer or any person authorised by Central Government on their behalf shall have power to makeenquires with
a view to ascertaining and enforcing due and proper observance of Fair Wage Clauses and the Provisions of these
Regulations. He shall investigate into any complaint regarding the default made by the contractor or subcontractor in
regard to such provision.
11. REPORT OF LABOUR OFFICER
The Labour Officer or other persons authorised as aforesaid shall submit a report of result of his investigation or
enquiry to the Executive Engineer concerned indicating the extent, if any, to which the default has been committed with
a note that necessary deductions from the contractor’s bill be made and the wages and other dues be paid to the
labourers concerned. In case an appeal is made by the contractor under Clause 13 of these regulations, actual payment to
81 | P a g e
labourers will be made by the Executive Engineer after the Superintending Engineer has given his decision on such
appeal.
(i) The Executive Engineer shall arrange payments to the labour concerned within 45 days from the receipt of the
report form the Labour Officer or the Superintending Engineer as the case may be.
12. APPEAL AGAINST THE DECISION OF LABOUR OFFICER
Any person aggrieved by the decision and recommendations of the Labour Officer or other person so authorised may
appeal against such decision to the Superintending Engineer concerned within 30 days from the date of decision,
forwarding simultaneously a copy of his appeal to the Executive Engineer concerned but subject to such appeal, the
decision of the officer shall be final and binding upon the contractor.
13. PROHIBITION REGARDING REPRESENTATION THROUGH LAWYER
(i) A workman shall be entitled to be represented in any investigation or enquiry under these regulations by:-
(a) An officer of a registered trade union of which he is a member.
(b) An officer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated.
(c) Where the employer is not a member of any registered trade union, by an officer of a registered trade union,
connected with the industry in which the worker is employed or by any other workman employed in the
industry in which the worker is employed.
(ii) An employer shall be entitled to be represented in any investigation or enquiry under these regulations by :-
(a) An officer of an association of employers of which he is a member.
(b) An officer of a federation of associations of employers to which association referred to in clause (a)is affiliated.
(c) Where the employers is not a member of any association of employers, by an officer of association of
employer connected with the industry in which the employer is engaged or by any other employer, engaged
in the industry in which the employer is engaged.
(iii) No party shall be entitled to be represented by a legal practitioner in any investigation or enquiry under these
regulations.
14. INSPECTION OF BOOKS AND SLIPS
The contractor shall allow inspection of all the prescribed labour records to any of his workers or to his agent at a
convenient time and place after due notice is received or to the Labour Officer or any other person, authorised by the
Central Government on his behalf.
15. SUBMISSIONS OF RETURNS
The contractor shall submit periodical returns as may be specified from time to time.
16. AMENDMENTS
The Central Government may from time to time add to or amend the regulations and on any question as to the
application/Interpretation or effect of those regulations the decision of the Superintending Engineer concernedshall be final.
82 | P a g e
Appendix ’I’
REGISTER OF MATERNITY BENEFITS (Clause 19F)
Name and address of the contractor
Name and Location of the work
Name of the Father’s/ Nature of Period of Date on which notice
Employee husband’s name Employment actual confinement of
confinement given
1 2 3 4 5
83 | P a g e
Appendix ’II’
13. If the woman dies, the date of death, the name of the person to whom maternity benefit
amount was paid, the month thereof and the date of payment.
14. Signature of the contractor authenticating entries in the register.
84 | P a g e
Appendix ’III’
LABOUR BOARD
Name of work:
Name of Contractor:
Address of Contractor:
Weekly holiday
Wage period
Working hours
Rest interval
85 | P a g e
86 | P a g e
on
1
Sl. No.
Name
2
Name and surname of Workman
and
3
Age and Sex
4
Father’s/ Husband’s
Name
Nature and location of Work
address
5
Name and address of contractor
Nature
of employment / designation.
of
6
Permanent home address of the
workman
(Village and Tehsil,
Taluka and District)
7
establishment
Local Address
8
Date of commencement of
employment
under
9
Signature
or thumb impression of
which
the workman
Register of Workmen Employed by Contractor
10
Date of Termination
of employment.
contract
is
11
Reasons
For
terminations.
carried
Appendix ’IV’
12
Remarks
Appendix ’V’
Muster Roll
Name and address of the contractor
Name and address of establishment under which contract is carried on
Nature and location of work
Name and address of Principal Employer
For the month of fortnight
1 2 3 4 5 6
1 2 3 4 5
87 | P a g e
88 | P a g e
1
Dearness Sl.No.
allowances
9
2
Name of
workman
Overtime
10
Wages period
Other cash
3
payments Serial No.in
(Indicate nature) the register of
11
Nature and location of work
workman
Name and address of the contractor
4
Total Designation
Name and address of Principal Employer
Nature of
Monthly/fortnightly
12
work done
Deductions if
any, (indicate
5
No. of days
13
nature)
worked
6
done
14
Form –XVII (See Rule 78(2)(a)) Register of Wages
Signature or
7
15
workman
8
DATE
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Morning
Evening
Initial
Rate Amount
Signature
The wage card is valid for one month from the date of issue
89 | P a g e
Appendix ’VII’
(Reverse)
Wages Slip
90 | P a g e
Appendix ’VIII’
Employment Card
Signature of contractor
91 | P a g e
Appendix ’IX’
Service Certificate
Identification marks
Father’s/Husband’s name
Sl. No. Total period for which Nature of Rate of Wages (with Remarks
employed work done particulars of unit in case of
From To piece work)
1 2 3 4 5 6
Signature
92 | P a g e
Appendix ’X’
In accordance with rule 7 (v) of the Niyojan Vibhag/UPPWD to be displayed prominently at the site of work
both in English and local Language.
6. Habitual negligence.
7. Smoking near or around the area where combustible or other materials are locked.
8. Habitual indiscipline.
12. Giving of false information regarding name, age, father’s name etc.
93 | P a g e
Appendix ’XI’
Register of Fines
Name and address of the contractor
Name and address of establishment in under which contract is carried on
Nature and location of work
Name and address of Principal Employer
Sl.No. Name of Father’s/Husband’s Designation/nature of Act/Omission Date of
workman name employment For which fine Offence
imposed
1 2 3 4 5 6
Whether Name of person in Wage period Amount of fine Date on which Remarks.
workman Showed whose and wages imposed fine realized
cause against fine presence payable
employees
explanation was
heard
7 8 9 10 11 12
94 | P a g e
Appendix ’XII’
1 2 3 4 5 6
95 | P a g e
96 | P a g e
1
Sl. No.
Name of workman
2
Father’s/Husband’s
3
name
Designation nature of
4
employment Nature and location of work
5
payable
Name and address of the contractor
6
Name and address of Principal Employer
Advance given
7
Number of Installments
8 by which advance to be
repaid
Register of Advances
Remarks
11
Appendix ’XIII’
97 | P a g e
Sl.No.
1
2
Name of workman
Father’s/husband’s name
3
4
Sex
Designation /nature of
Nature and location of work
5
employment
Name and address of the contractor
6
Name and address of Principal Employer
7
piece rated
Overtime earnings
10
Remarks
12
Appendix ’XIV’
SECTION - 6
PROFORMA OF SCHEDULES
(Operative Schedules)
SCHEDULE ‘A’
SCHEDULE ‘B’
SCHEDULE ‘C’
SCHEDULE ‘D’
98 | P a g e
DEFINITIONS
9 ……Sign the Contract consisting of: Volume – 1 (Notice Inviting e-Tenders (NIT) & Instructions to
Bidders (ITB)
Volume – 2 (General Conditions of Contract)
Volume - 3 (Specific Conditions of Contract)
Volume – 4 (Design Basis Report)
Volume – 5 (Technical Specifications)
Volume– 6 (Tender Drawings)
Volume – 7 (Financial Bid)
All amendments(s)/ corrigendum, Make List, Reply to
Prebid Meeting if any.
Clause 1 CLAUSES OF CONTRACT
(i) Time allowed for submission of Performance Guarantee of 5% (Five percent) of
the tendered value plus the additional security for unbalanced Bids as per Go
Clause 1 no. 622/23-12-2012-2 Audit/08 TC-2, dated 08.06.2012, Programme Chart (Time 10 days
& Progress) and applicable labour licences, registration with EPFO, ESIC &
BOCW Welfare Board or proof of applying thereof from the date of issue of
letter of acceptance
Clause 1(a) Note 1, 2 & 3 Deleted
99 | P a g e
Table of Milestones: For 18 months
Sl. No. Description of Mile stone (for Cumulative Time Amount to be withheld in case of Non-
Guidance Purpose Only allowed in Months achievement of mile stone (% of
(From date of start/Date tendered amount for the concerned
of commencement of component/building of the project)
work)
(i) Submission and approval of 02 Months 0.5% of accepted tendered amount for
structural design, drawings & the concerned component/building per
MEP conceptual design,
month of delay (to be computed on per
drawings and shifting of various
day basis)
services.
(ii) 25% of Total work in Financial 06 Months 0.75% of accepted tendered amount for
Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(iii) 50% of Total work at in 10 Months 0.75% of accepted tendered amount for
Financial Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(iv) 75% of Total work in Financial 14 Months 0.75% of accepted tendered amount for
Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(v) 90% of Total work in Financial 16 Months 0.75% of accepted tendered amount for
Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(vi) All Civil, Electrical & 18 Months 0.75% of accepted tendered amount for
Mechanical and Horticulture the concerned component/building per
work completed in all aspects in
month of delay (to be computed on per
the building with services,
clearances from all local bodies, day basis)
completion certificates,
occupancy certificate etc.
required to declare buildings
authorized for occupation
(vii) Handing over & commissioning 21 Months 0.5% of accepted tendered amount for
of project
the concerned component/building per
month of delay (to be computed on per
day basis)
The preference schedule/phasing of completion of building(s) of the project shall be spelled out at the time of signing of
the tripartite agreement duly conveyed by the client department either at the time of approval of the master plan or
atleast right before the signing of tripartite agreement, as per GO No. 178/223/vkbZ-411303/901/23-5-2023-27 ¼lk0½/2022
dated 20.10.2023
100 | P a g e
Table of Milestones: For 24 months
Sl. No. Description of Mile stone (for Cumulative Time Amount to be withheld in case of Non-
Guidance Purpose Only allowed in Months achievement of mile stone (% of
(From date of start/Date tendered amount for the concerned
of commencement of component/building of the project)
work)
(i) Submission and approval of 03 Months 0.5% of accepted tendered amount for
structural design, drawings & the concerned component/building per
MEP conceptual design,
month of delay (to be computed on per
drawings and shifting of various
day basis)
services.
(ii) 25% of Total work in Financial 08 Months 0.75% of accepted tendered amount for
Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(iii) 50% of Total work at in 13 Months 0.75% of accepted tendered amount for
Financial Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(iv) 75% of Total work in Financial 18 Months 0.75% of accepted tendered amount for
Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(v) 90% of Total work in Financial 21 Months 0.75% of accepted tendered amount for
Terms the concerned component/building per
month of delay (to be computed on per
day basis)
(vi) All Civil, Electrical & 24 Months 0.75% of accepted tendered amount for
Mechanical and Horticulture the concerned component/building per
work completed in all aspects in
month of delay (to be computed on per
the building with services,
clearances from all local bodies, day basis)
completion certificates,
occupancy certificate etc.
required to declare buildings
authorized for occupation
(vii) Handing over & commissioning 27 Months 0.5% of accepted tendered amount for
of project
the concerned component/building per
month of delay (to be computed on per
day basis)
The preference schedule/phasing of completion of building(s) of the project shall be spelled out at the time of signing of
the tripartite agreement duly conveyed by the client department either at the time of approval of the master plan or
atleast right before the signing of tripartite agreement, as per GO No. 178/223/vkbZ-411303/901/23-5-2023-27 ¼lk0½/2022
dated 20.10.2023
101 | P a g e
NOTE –
1- Withheld amount shall be released if and when subsequent milestones are achieved within respective
time specified. However, in case milestones are not achieved by the contractor for the work, the amount
shown against milestones shall be withheld.
2- The milestone which are 95% complete shall also be considered as completed for the purpose of milestone
under clause-5, except for the penultimate milestone and the last/ultimate milestone under each
category/building
Intending Bidder may submit phasing of activities/milestones based on their resources and methodology at the
time of Bidding corresponding to physical milestones/stages indicated in the above table. These shall be formed
part of agreement after approval of the accepting authority, otherwise it would be assumed that agency agrees with
the above-mentioned milestones. Time allowed for execution of work: 18 Months (2 months for planning &
designing; 16 months for execution of original work).
Authority to decide:
Clause 7A
(i) No Running Account Bill shall be paid for the
work till the applicable labour licenses, registration Yes
with EPFO, ESIC and BOCW Welfare Board,
whatever applicable as submitted by the Bidder to
the Engineer-in Charge.
Clause 8A: Authority to decide compensation on account if contractor fails to submit completion plans:
102 | P a g e
Employer’s Representative on recommendation by Engineer-in-Charge.
Clause 10B (ii): Whether Clause 10B (ii) shall be applicable Yes
Note*: Mobilisation advance will not be given for any material for which secured advance is payable, T & P
advance will not be given for tools & plants equipments, owned by the agency as intimated in the eligibility
documents. Installments of Mobilization advance except the first installment shall be released only after receiving
the utilization certificate supported by bank statement of the said account showing the disbursement of
mobilization advance by the agency as per clause 10B(ii) of GCC.
Clause 10B (iii): Whether Clause 10 B (iii) shall be applicable Yes
Clause 11 :
Specifications to be followed for 1. Civil work: CPWD Specifications 2019 Volume- I & II with corrections
execution of work slips up to the last date of submission of Bid.
2. MORTH Specifications for Road and Bridge work.
Electrical work ( amended up to date):
1. CPWD General Specification for Electrical Works Part I Internal - 2023.
2. CPWD General Specification for Electrical Works Part II (External –
2023)
3. General Specification for Electrical Works (Part III Lifts & Escalators)-
2003
4. CPWD General Specification for Electrical Works Part IV Substation -
2013.
5. CPWD General Specification for Electrical Works Part V Wet riser &
sprinkler system- 2020
6. CPWD General Specifications for Electrical Works Part VI Fire
Detection and Alarm System – 2018.
7. CPWD General Specification for Electrical Works Part VII DG Sets -
2013.
8. CPWD General Specification for Electrical Works Part VIII Gas Based
Fire Extinguishing System - 2013.
9. General Specification for Heating Ventilation & Air- Conditioning-2017.
10. All above specifications shall be applicable with corrections slips up to
the last date of submission/uploading of Bid.
11. CPWD Horticulture Work 2020.
Clause 12.2 & 12.3: Applicable for only extra items/substitute
Deviation Limit beyond which clauses 12.2 & 12.3 shall items not covered under scope of work as
apply for building work required in the opinion of the Employer.
103 | P a g e
Clause 17.3.2:Structure design not in the scope of contract Deleted
Clause 19C: Authority to decide penalty for each default: Employer’s Representative, after approval from the
Employer and recommendations by Engineer-in-
Charge.
Clause 19D: Authority to decide penalty for each default Employer’s Representative, after approval from the
Employer and recommendations by Engineer-in-
Charge.
Clause 19G: Authority to decide penalty for each default Employer’s Representative after approval from the
Employer and recommendations by Engineer-in-
Charge..
Clause 19L: Contribution of EPF & ESI The entire responsibility of all EPF & ESI
contribution for the workers, employees
employed by the contractor lies on the
contractor only.
(A)
S. No. Requirement of Minimum Designation of Rate of recoveryper
Technical Staff Experience Technical Staff persons if provision of
(Years) clause 32(i) not fulfilled
Qualification Strength
Graduate Engineer 1 No 20 Project Manager Rs.60,000/- per Month
1 (and having experience of one
similar
nature of work)
Graduate Civil Engineer 2+1 Nos 12 Deputy Project Rs.40,000/- per Month
(and having experience of one Manager
2 similar nature of work)
Graduate Engineer or 4+2 No 5 Project/Site Rs. 25,000/- per Month
Diploma Engineer Or Engineer
3 10
(and having experience of one
similar nature of work)
Graduate Engineer 1+1 No 8 Quality Rs. 25,000/- per Month
4 Engineer
5 Diploma Engineer/ 1 No 8 Surveyor Rs. 15,000/- per Month
104 | P a g e
2 Senior Architect M Arch with more than 05 years experience
or
B Arch with more than 10 years experince
Assistant Engineers retired from Government services that are holding Diploma will be treated at par with
Graduate Engineer.
Diploma holder with minimum 10 year relevant experience with a reputed construction company can be
treated at par with Graduate Engineers for the purpose of such deployment subject to the condition that such
diploma holders should not exceed 50% of requirement of degree engineers.
No change of key personnel as above shall be allowed during the currency of the project.
Clause 38:
i) (a) Schedule/statement for determining UP PWD SOR/ CPWD/ Delhi Schedule of
theoretical quantity of cement & bitumen Rates 2023 with amendments upto the date of
based on Delhi Schedule of Rates submission of Bid.
ii) Variations permissible on theoretical quantities.
(a) Cement 3% Plus/Minus
(b) Bitumen for all works. 2.5% Plus only and nil on minus side.
(c) Steel reinforcement and structural steel 2% Plus/minus side sections for each
diameter, section and category.
(d) All other materials Nil
105 | P a g e
ESTABLSHING SITE LABORATORY AND TESTING OF MATERIALS Appendix ’XV’
Equipments for conducting necessary tests (as per CPWD Specifications 2019 Volume-I) shall be
provided and installed at site in the well-furnished site laboratory by the Contractor at his own cost.
The following laboratory equipment should be in general or as and when required be set up at site
laboratory: -
14. Hot air oven temp. Range 50°C to 300°C- sensitivity 1 degree 3
106 | P a g e
22. Vernier calipers 12” & 6” size 6 each
38. Dial type spring balance preferable with zero correction knob 2
capacity 100 kgs. reading to ½ kg.
39. Counter scale capacity 1 kg and 10 kg 2
40. Iron Weight of 5 kg, 2 kg, 1 kg, 500 gm, 20 gm, 100 gm 2each
42. Measuring cylinder TPX or Poly propylene capacity 100 ml, 2each
500 ml, 250 ml, 100 ml
43. Pyrex, corning or Borosil beakers with cover capacity 500 3 each
ml, 20 ml, 50 ml
44. Wash Bottles capacity 500 ml 12
107 | P a g e
51. Depth gauge 2 cm 6
56. Floor Brushes, hair dusters, scrappers, wire brush, paint 12each
brushes, shutter steel plat oil, kerosene with stove etc.
57. Any other equipment for site tests as outlined in BIS codes -
and as directed by the Engineer-in-charge.
108 | P a g e
Appendix ’XVI’
SUGGESTIVE LIST OF PLANT AND EQUIPMENT AT SITE
1. Builders hoist 4
9. Needle Vibrators. 10
13. Dumper/Tipper 8
109 | P a g e
27. Air compressor 3Nos.
Note: 1. The above list is only indicative and not exhaustive. The Bidder may
be required to deploy more T&P as per requirement of work and as
and when directed by Engineer-in-Charge.
1. All the above plants & equipments are to be deployed as and when required or
directed by Engineer-in-Charge.
110 | P a g e
Appendix-XV(FORM 31)
WHEREAS by an agreement dated ........................................... (hereinafter called the said agreement) the Contractor has agreed
AND WHEREAS the Contractor has applied to the President that he may be allowed advances on the security of materials absolutely
belonging to him and brought by him to the site of the works the subject of the said agreement for use in the construction of such of
the works as he has undertaken to execute at rates fixed for the finished work (inclusive of the cost of materials and labour and other
charges) AND WHEREAS the President has agreed to advance to the Contractor the sum of Rupees on the security of materials the
quantities and other particulars of which are detailed in Accounts of Secured Advances attached to the Running Account Bill for the
said works signed by the Contractor on ............................................ and the President has reserved to himself the option of making any
further advance or advances on the security of other materials brought by the Contractor to the site of the said works . Now THIS
INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of Rupees on or before the
execution of these presents paid to the Contractor by the President (the receipt whereof the Contractor does hereby acknowledge) and
of such further advances (if any) as may be made to him as aforesaid the Contractor does hereby covenant and agree with the President
and declare as follows: -
(1) That the said sum of Rupees ................................................................................so advanced by the President to the
Contractor as aforesaid and all or any further sum or sums advanced as aforesaid shall be employed by the Contractor
in or towards expediting the execution of the said works and for no other purpose whatsoever.
(2) That the materials detailed in the said Account of Secured Advances which have been offered to and accepted by the
President as security are absolutely the Contractor's own property and free from encumbrances of any kind and the
contractor will not make any application for or receive a further advance on the security of materials which are not
absolutely his own property and free from encumbrances of any kind and the Contractor indemnifies the President
against all claims to any materials in respect of which an advance has been made to him as aforesaid.
(3) That the materials detailed in the said Account of Secured Advances and all other materials on the security of which
any further advance or advances may hereafter be made as aforesaid (hereinafter called the said materials) shall be used
by the Contractor solely in the execution of the said works in accordance with the directions of the Divisional Officer
Division (hereinafter called the Divisional Officer) and in the term of the said agreement.
(4) That the Contractor shall make at his own cost all necessary and adequate arrangements for the proper watch, safe
custody and protection against all risks of the said materials and that until used in construction as aforesaid the said
materials shall remain at the site of the said works in the Contractor's custody and on his own responsibility and shall
at all times be open to inspection by the Divisional Officer or any officer authorised by him. In the event of the said
materials or any part thereof being stolen, destroyed or damaged or becoming deteriorated in a greater degree than is
due to reasonable use and wear thereof the Contractor will forthwith replace the same with other materials of like
quality or repair and make good the same as required by the Divisional Officer.
(5) That the said materials shall not on any account be removed from the site of the said works except with the written
permission of the Divisional Officer or an officer authorised by him on that behalf.
(6) That the advances shall be repayable in full when or before the Contractor receives payment from the President of the
price payable to him for the said works under the terms and provisions of the said agreement. Provided that if any
intermediate payments are made to the Contractor on account of work done than on the occasion of each such payment
the President will be at liberty to make a recovery from the Contractor's bill for such payment by deducting there from
the value of the said materials then actually used in the construction and in respect of which recovery has not been
111 | P a g e
made previously, the value for this purpose being determined in respect of each description of materials at the rates at
which the amounts of the advances made under these presents were calculated.
(7) That if the Contractor shall at any time make any default in the performance or observance in any respect of any of the
terms and provisions of the said agreement or of these presents the total amount of the advance or advances that may
still be owing to the President shall immediately on the happening of such default be repayable by the Contractor to the
President together with interest thereon at twelve per cent per annum from the date or respective dates of such advance
or advances to the date of repayment and with all costs charges, damages and expenses incurred by the President in or
for the recovery thereof or the enforcement of this security or otherwise by reason of the default of the Contractor and
the Contractor hereby covenants and agrees with the President to repay and pay the same respectively to him
accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the President of the said sum of Rupees
and any further sum or sums advanced as aforesaid and all costs charges, damages and expenses payable under these
presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in the said
agreement and without prejudice to the powers contained therein if and whenever the covenant for payment and
repayment herein before contained shall become enforceable and the money owing shall not be paid in accordance
therewith the President may at any time thereafter adopt all or any of the following courses as he may deem best :-
(a) Sieze and utilize the said materials or any part thereof in the completion of the said works on behalf of the
Contractor in accordance with the provisions in that behalf contained in the said agreement debiting the
Contractor with the actual cost of effecting such completion and the amount due in respect of advances under
these presents and crediting the Contractor with the value of work done as if he had carried it out in accordance
with the said agreement and at the rates thereby provided. If the balance is against the Contractor, he is to pay
same to the President on demand.
(b) Remove and sell by public auction the seized materials or any part thereof and out of the moneys arising from
the sale retain all the sums aforesaid repayable or payable to the President under these presents and pay over the
surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to the Contractorunder the said
agreement.
(9) That except in the event of such default on the part of the Contractor as aforesaid interest on the said advance shall not be
payable.
(10) That in the event of any conflict between the provisions of these presents and the said agreement the provisions of
these presents shall prevail and in the event of any dispute or difference arising over the construction or effect of these
presents the settlement of which has not been herein before expressly provided for the same shall be finally resolved as
per provisions of clause 25 of the contract.
In witness whereof the said ……………………and .............................. by the order and under the direction of
the President have hereunto set their respective hands the day and year first above written.
Signed, sealed and delivered by……………………….. the said contractor in the presence of ........................
.....................................................................................................................................................................
Signature ………………………
Witness Name ……………………………………………………..
Address ……………………….
Signed by………………………..
by the order and direction of the President in the presence of
Signature ………………………
Witness Name ……………………………………………………..
Address ……………………….
112 | P a g e
12345678
12345678
12345678
12345678
APPENDIX – XVI
(Refer Clause 5)
FORM OF APPLICATION BY THE CONTRACTOR FOR SEEKING RESCHEDULING
OFMILESTONE/EXTENSION OF TIME
1. Name of contractor
2. Name of work as given in the agreement
3. Agreement no
4. Estimated cost put to tender
5. Date of commencement of work as per agreement
6. Period allowed for completion of work as per agreement
7. Date of completion stipulated in agreement
8. Period for which extension of time has been given by authority in Schedule ‘F’ previously
letter no. and date Extension granted
Months Days
9. Reasons for which extension have been previously given (copies of the previous applications should be attached)
10. Period for which extension applied for
11. Hindrances on account of which extension is applied for with dates on which hindrances occurred and the period for
which these are likely to last (for causes under clause 5.2/ and 5.3).
12. Submitted to the Authority indicated in Schedule F With copy to the Engineer-in-charge and Sub Divisional Officer
Signature of Contractor
Dated ..........................
113 | P a g e
APPENDIX - XVII
Reference of disputes and amount claimed for each dispute to the Conciliator.
[Refer Clause 25]
To
The CE UPPWD
1. Name of applicant:
2. Whether applicant is Individual/Proprietorship Firm/Partnership Firm/Company:
3. Full address of the applicant:
4. Name of the work and contract number for which arbitration is sought:
5. Name of the Division which entered into contract:
6. Contract amount:
7. Date of contract:
8. Stipulated date of start of work:
9. Stipulated date of completion of work:
10. Actual date of completion of work (if completed):
11. Total number of claims made:
12. Total amount claimed:
13. Date of intimation of final bill (if work is completed):
14. Date of payment of final bill (if work is completed):
15. Amount of final bill (if work is completed):
16. Date of claim made to Engineer-in-Charge:
17. Date of receipt of decision from Engineer-in-Charge:
I/We certify that the information given above is true to the best of my/our knowledge.I/We enclose
the statement of claims with amount of each claim.
Yours faithfully,
...............................
114 | P a g e
APPENDIX- XIX
Agreement towards waiver of Section 12(5) of Arbitration & Conciliation Act 1996[Refer to
Clause 25]
1. Whereas catain disputes have arisen between M/s ..………..…………………….… (claimants) and M/s ………….
(respondents) relating to agreement No……………………...
2. And whereas the parties are aware that Shri is on the cadre of NIYOJAN VIBHAG/UPPWD; presently on deputation as
Arbitrator, Ministry of Housing and Urban Affairs, Government of India.
3. I/we agree for the appointment of Shri ........................................................................................ as the sole Arbitrator for
adjudication of the disputes, and we hereby waive the applicability of Section 12(5) of the Arbitration & ConciliationAct,1996.
Signature
(Only the person/authority who signed the contract should sign here)
Name............................
Date: …………..
(The name of the Arbitrator, Ministry of Housing and Urban Affairs, Government of India may be enquired from theEngineer-
in-Charge, if required.
115 | P a g e
On non-judicial stamp paper of minimum Rs. 100
3. We, ……………………(indicate the name of the Bank) ....................... , do here by undertake to pay the amount
due and payable under this guarantee without any demur, merely on a demand from the Government
stating that the amount claimed is required to meet the recoveries due or likely to be due from the said
116 | P a g e
Contractor. Any such demand made on the Bank shall be conclusive as regards the amount due and
payable by the Bank under this Guarantee. However, our liability under this guarantee shall be restricted
to an amount not exceeding Rs. ……..
(Rupees .................... only)
4. We, ……………… (indicate the name of the Bank) ...................... , further undertake to pay the
Government
any money so demanded notwithstanding any dispute or disputes raised by the contractor in any
suit or proceeding pending On non-judicial stamp paper of minimum Rs. 100 before any Court or
Tribunal, our liability under this Bank Guarantee being absolute and unequivocal. The payment so
made by us under this Bank Guarantee shall be a valid discharge of our liability for payment there
under and the Contractor shall have noclaim against us for making such payment.
5. We, ………………… (indicate the name of the Bank) .......................... , further agree that the Government shall
have the fullest liberty without our consent and without affecting in any manner our obligation here
under to vary any of the terms and conditions of the said agreement or to extend time of performance by
the said Contractor from time to time or to postpone for any time or from time to time any of the
powers exercisable by the Government against the said contractor and to forbear or enforce any of the
terms and conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation or extension being granted to the said Contractor or for any forbearance,
act of omission on the part of the Government or any indulgence by the Government to the said
Contractor or by any such matter or thing whatsoever which under the law relating to sureties would, but
for this provision, have effect of so relieving us.
6. We, ………………… (indicate the name of the Bank) ............................. , further agree that the Government at
its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor at the first
instance without proceeding against the Contractor and notwithstanding any security or other guarantee
the Government may have in relation to the Contractor’s liabilities.
7. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor.
8. We, …………………. (indicate the name of the Bank) .............................. , undertake not to revoke this guarantee
except with the consent of the Government in writing.
9. This Bank Guarantee shall be valid up to................................ unless extended on demand by the Government.
Notwithstanding anything mentioned above, our liability against this guarantee is restricted
to Rs.
…………………… (Rupees ........................... only) and unless a claim in writing is lodged with us within the
date
of expiry or extended date of expiry of this guarantee, all our liabilities under this guarantee shall stand
discharged.
Date .............
117 | P a g e
Witnesses:
1. Signature……………… Authorized
signatoryName and address Name
Designation
Staff code no.
2. Signature ………………………. Bank
sealName and address
*Date to be worked out on the basis of validity period of 90 days where only financial Bids are invited and
180 days for two/three Bid system from the date of submission of tender.
**In paragraph 1, strike out the portion not applicable. Bank Guarantee will be made either for earnest
money or forperformance guarantee/security deposit/mobilization advance/Refund of mile stone withheld
amount, as the case may be.
118 | P a g e
Annexure showing quantities of materials for areas of surfacing to be considered forworking out minimum
period of road roller
111 | P a g e
Vol.-3- SCC
15. 7.5 cm thick bitumen concrete surfacing using stone aggregate 7.3 Cu.m. (60% 50mmnominal
size and 40% 40 mm nominal size)per 100 Sq.m. and coarse sand 3.65 Cu.m.per 100 Sq.m. and hot
cut back bitumen over a tack coat of hot cut back bitumen. 750 Sqm
16. 2.5 cm bitumastic sheet using stone aggregate 1.65 Cu.m. (60% 12.5 mm nominal size, 40%10 mm
nominal size)per 100 Sq.m. and coarse sand 1.65 Cu.m. per 100 Sq.m. and hot cut back bitumen
over a tack coat of hot cut back bitumen. 750 Sq.m.
17. 4cm bitumastic sheet, using stone aggregate 2.6 Cu.m. (60%12.5mm nominal
size 40%10 mm nominal size) per 100 Sq.m., coarse sand 2.5 Cu.m. per 100 Sq.m.and hot cut back
bitumen over a tack coat of hot bitumen. 560 Sqm
18. Laying full grouted surface using stone aggregate 40 mm nominal size 6.10Cu.m.per 100
Sq.m. with binder, binding with 20mm to 12.5 mm nominal size stone grit.
1.83 Cu.m. per 100 Sq.m. and seal coat of binder and stone grit 10mm nominal size,1.07Cu.m. per 100
460 Sqm
Sq.m., the binder being hot bitumen or tar as specified.
19. Laying full grouted surface using stone aggregate 50 mm nominal size 9.14 Cu.m. per 100
sq.m. groutin with binder, with stone grit 20 mm to to 12.5 mm nominal size, 1.83 Cu.m. per
370 Sqm
100 Sq.m. and seal coat of binder and stone grit 10mm nominalsize 1.07 cu.m /100 Sqm
20. 4cm. thick premix macadum surfacing using stone aggregate 25mm nominal size
4.57 Cu.m. per 100 Sq.m and hot bitumen binding with stone aggregate 12.5 mmnominal size
1.52 Cu.m.per 100 Sq.m. and seal coat of hot bitumen and stone aggregate 10mm nominal size.
1.07 Cu.m. per 100 Sq.m. 560 Sq.m.
21. 5cm thick premix macadum surfacing with stone aggregate 25 mm nominal size,
6.10 Cu.m. per 100 Sq.m and hot bitumen binding with stone aggregate 12.5 mmnominal size
1.52 Cu.m. per 100 Sq.m. and seal coat of hot bitumen and stone aggregate10mm nominal size
1.07 Cu.m. per 100 Sq.m 460 Sq.m.
END OF VOLUME -2
112 | P a g e
TECHNICAL CELL, EPC MISSION,
PLANNING DEPARTMENT, LUCKNOW
As Executing Agency of
Department of.........................................,
Government of Uttar Pradesh
E-Tender For
“Design, Engineering and Procurement for
Construction of ....................................................................,
Uttar Pradesh, INDIA on EPC basis”
Volume-3
1|Page
INDEX
Specific Conditions of Contract
Sl. No. Heading Page no.
Specific Conditions of Contract-Scope of Work
Specific Conditions of Contract-General
1. General 4
2. Contract Price & payments 26
3. Site Management 53
4. Employment of Personnel 59
5. Safety Health & Environment 56
6. Requirement of Planning Design Capability 64
7. Setting out of the works 67
8. Quality of Materials and equipment workmanship and Test 68
9. Time Schedule 74
10. Completion of work 75
11. Handing over and taking over process 77
12. Guarantees 77
13. Defect after completion 78
14. Dues not paid by the contractor 78
15. Urgent Repairs 79
16. Plant Temporary Works & Materials 79
17. Reports by Contractor 79
18. Operations and Maintenance Manual 80
19. Co-ordination Meetings 80
20. Compliance of Statutory Obligations and obtaining Approvals/ 80
Completion Certificates:
21. Training and Operating Instructions 81
22. Test Certificates 82
23. Quiet Operation and Vibration 82
24. Accessibility Licenses and Permits 82
25. Schedule of Finishes
Specific Conditions of Contract-ELECTRICAL SERVICES
1. General 85
2. Regulations and Standard 85
3. Conformity with Statutory Acts, Rules and Standards 86
4. Completeness of Bid 86
5. Works to be done by the Contractor : 86
6. Cutting of structural members 87
7. Drawings 87
8. Position of HT/LT Switch Boards 87
9. Shop Drawings 87
10. Materials & Equipment and Approval Thereof 88
11. Inspection, Testing and Inspection Certificate 89
12. Testing and Commissioning 90
13. Packaging 90
14. Tests 91
2|Page
15. Performance Guarantee Certificates for Equipment 91
16. Completion Drawings (As Built Drawings) 92
17. Checks during Defect Liability Period 93
18. Check List 93
19. Repairs 93
20. Training of Personnel 93
21. Safe Custody and Storage 93
22. Handling, Storing and Installation 93
23. Operation and Running of entire system 94
Specific Conditions of Contract-HVAC SYSTEM
1. General 95
2. Scope of Contract 95
3. Stores and Materials 95
4. Supply of Equipment 95
5. Shop / Working Drawings etcetera 95
6. Completion Drawings(As Built Drawings):- 95
7. Operation and Service Manuals 96
8. Inspection at Work / Contractor's Premises 96
9. Sub-contracting 97
10. Technical Submittals 97
11. Samples and Prototypes 97
12. Testing and Commissioning 97
13. Provisional Taking Over 98
14. Final Performance and Capacity Test 98
15. Guarantee and Defects Liability Period 99
16. Performance Guarantee from Sub-contractor 99
17. Maintenance 99
18. Validation 99
19. Painting 99
20. Safe Custody and Storage 99
21. Training of Personnel 99
22. Operation and Running of entire system 100
Specific Conditions of Contract-GRIHA RATING SYSTEM
Specific Conditions of Contract - Operation & Maintenance
Formats for guarantees
1 GUARANTEE TO BE EXECUTED BY THE CONTRACTOR FOR 101
REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT OF WATER
SUPPLY AND SANITARY INSTALLATIONS
2. Guarantee bond to be executed by the contractor for anti-termite treatment 104
3. Guarantee bond to be executed by the contractor for water proofing treatment for 105
basements.
4. Guarantee bond to be executed by the contractor for water proofing 105
treatment
5. Guarantee bond to be executed by the contractor for water proofing 106
treatment (under floors).
6. Guarantee Bond To Be Executed By the Contractor In respect of aluminium 110
works.
7. Guarantee bond to be executed by the contractor in respect of structural glazing/ 111
curtain wall system/works.
8. Guarantee bond to be executed by the contractor in respect of seismic/ 115
mechanical joint works.
3|Page
Vol.-3-
SCC
In the Master Plan, there is provision for overall development of the land. However, present
scope of work involves Construction of .....................................................................................
Uttar Pradesh as per Master Plan and concept designs with a total tentative area of ....................
sqm. Besides these, all required MEP and other services, utilities, horticulture, landscaping,
roads and pavements, parking, pathways, sports facilities compound walls, watchman cabins, all
gates (internal & external), external development, drainages, signage and all related utilities and
as mentioned in the Design Basis Report and otherwise taking into consideration with
respect to all statutory regulations as required for development and functioning of campus are
also included in the scope of work.
The tentative area details of the buildings/ blocks are as given below:
Note: Provision for stronger foundation and structure design has to be taken in account for
as stated in the area statement for future expansion of the proposed project.
4|Page
Vol.-3-
SCC
The Bidders are required to quote on the basis of aforesaid areas for each Building of the Project
and in case of any variation; no extra payment shall be payable up to 2% variation, in the areas
due to any reason afterwards. However, for a variation beyond 2% in the built up area, the
Bidders shall be paid on pro-rata basis, on the written orders by the Engineer-in-Charge after
seeking written approval from the Employer.
The Bidder/contractor shall prepare their designs & drawings based on the drawings and Design
Basis Report provided in the tender document. The master plan shall not be varied without
approval of the Engineer-In-Charge & the Client Department. However the alteration in mast
plan, if required as per the requirement of the client department shall be done and considered
within the scope of work of EPC agency. The drawings of the respective buildings/ blocks, as
provided in the tender documents, shall also be followed unless there is a requirement for their
modification/correction as per requirement of the statutory bye laws, and, changes, if any
required, due to structural designs consideration shall also be incorporated with the approval of
the Engineer-In-Charge and its subordinate AE/PMC. This shall also hold good in respect of
drawings/ SLD/ schematic/ P&I diagrams/ drawings for Services Components. All relevant
modifications/revisions as required are to be done by the contractor at his own cost and any claim
raised by the contractor in this regard shall not be valid in this contract and shall not be accepted
by the UPPWD.
1.3. Design
The Design Basis Report and Drawings provided to the Bidders are to ensure a clear
understanding of the building design standards and other associated parameters that the UPPWD
wishes to achieve for different components of the project. Whilst the UPPWD is keen to see
innovation, but the minimum required standards of design must be achieved. Contractors shall
outline the means by which they will ensure design quality and the design objectives, which have
influenced their scheme. This shall include details of how the UPPWD's objectives are to be
achieved.
1.3.1. General Standards:
The facilities shall be completed to high standards of construction and specification as per
good engineering practices.
The facilities shall be technically sound and functionally suitable in line with the provisions
given in the DBR and to meet the UPPWD's objectives:
i. The Architectural finishes shall be of such quality that will ensure better hygienic
conditions, provide clean room environment in the modernized facilities as well as
the new facilities.
ii. The architectural design should take in to account the required Green Building and
Acoustic Parameters, in line with latest GRIHA rating.
iii. The architectural design should take in to account the requirements of physically
challenged persons, in line with the “Harmonized Guidelines & Standards for
Universal Accessibility in India 2021”
iv. All the material procured or to be used should be to the satisfaction of the Engineer
in charge before being used for the works intended to.
v. All materials including fittings and fixtures shall be of approved make. For other
materials, the same shall be as per approval of Engineer In charge.
vi. The design should provide for bore wells, underground and overhead water tanks
with necessary pumping arrangement for both portable and firefighting requirements.
vii. The design should incorporate firefighting system with hydrants, fire extinguishers,
electrical and fire alarm system in accordance with the rules and regulations of the
local fire authority, NBC 2016, NFPA, Relevant IS codes,(the Tariff Advisory
Committee (TAC) of the Insurance Association of India- for guidance only), as
amended up to date.
viii. Planning and design should also incorporate the requirements with respect to the
recreational & sports facilities in the project as per requirement.
5|Page
Vol.-3-
SCC
ix. Lighting should conform to relevant IS Code of practice for Lighting. All electrical
system, fixtures, fittings etcetera should confirm to CPWD specifications, as well
UPPWD specification latest IS code, NBC etcetera
x. The planning should include landscaping and horticulture as per requirements. The
contractor shall create parking, approach roads and other requirements for the
building.
xi. Provision should be made for internal and external signage’s, display boards, public
address system in the required area.
xii. Furnishings in the room should be complete in all respects including, communication
networking for Data, telephone connection, power points etcetera. It should also
include the provisions of raceways to be laid in floors as per requirements.
xiii. Mechanical services shall be designed and installed with provisions to contain noise
and the transmission of vibration generated by moving plant and equipment
schedules to achieve acceptable noise and vibration with respect to human beings
specified by ISO standards.
xiv. All moving plant, machinery and apparatus shall be statically and dynamically
balanced at manufacturers workplace and certificate issued.
1.3.2. Statutory, Industry and Local Standards:
The following standards shall apply unless otherwise stated:
• Standards set out in National Building Code of India2016
• Relevant Development Control Rules/Planning Act/Development Act/ Municipal
Act/ any other applicable statutes and local bye-laws
• National Electrical Code,1985
• Indian Electricity Act2003
• Requirements of the local Water Supply Company, Electricity Supply
Company/Department
• Requirements of the Pollution Control Board, Fire Department, Aviation
authorities and other statutory authorities, as applicable
• Requirements of any other standards and bye laws as applicable.
1.3.3. Preliminary & Detailed Design:
Based on the details provided, as mentioned above, the Contractor shall prepare preliminary &
detailed design of all the building & services including external development and these shall be
in conformity with the Tender drawings, Technical Specifications, Design Basis Report and
other standards set forth in the contract document subject to applicable statutory bye-laws/
regulations as listed below:
a. Topographic Site Survey and Sub-Soil Investigation & submission of Site Survey Report &
Sub-Soil Investigation Reports to Engineer-In- Charge.
b. Preparation & submission of Preliminary & Detailed Architectural design/drawings of various
buildings & blocks including preparation of Site Plan, Structural designs & drawings with
complete services etcetera in conformance with Master Plan & other Tender drawings, Design
Basis Report & General specifications for the work provided in the Tender Document with
complete foundations and sub-structure / structure with all furnishings and interiors including
acoustics treatment. The Contractor shall ensure that the drawings shall meet the requirements
of the local bye-laws/ statutory bodies’ etc. etc.
c. The contractor shall prepare complete structural design drawings for foundations,
superstructure, services, and for other structures to be provided/constructed, as per the
6|Page
Vol.-3-
SCC
k. Planning & designing of waste water recycle system, rain water drainage system
including laying of pipe lines and construction of related structures.
l. Preparation & submission of Preliminary & Detailed design & drawings for
Landscaping & Horticulture work, Main Entrance Gates, development plans showing
Internal Roads, Pathways, Parking lots, Paved areas, Court Yards Landscaping, Drains,
Culverts, Compound walls, External lighting arrangements, Under Ground Tanks,
Internal & external Signage’s, etcetera complete.
m. Preparation of landscaping plan including planters and other details etcetera for the
horticulture works and execution of same including providing unfiltered/recycled water
supply lines, construction of pump houses and installation of pumps therein etcetera
complete will be responsibility of Contractor. Development of parks, if required,
construction of its boundary wall, providing MS railings (including painting), wicket
gates, water hydrants, the grassing, creepers and planting trees & relocation of existing
trees within campus etcetera shall be completed as per the specification and drawing
approved by the Engineer-in-charge.
n. Planning of designing of, MS gates, Wicket gates, Security Cabins, dustbins, sign
boards, guide maps, location boards, direction boards, etcetera all complete as per the
drawing approved and direction of Engineer-in-charge.
o. Setting up a Testing Laboratory at site equipped with the necessary apparatus needed for
day-to-day testing of construction materials during construction period as directed by
the Engineer-in-charge.
p. Obtaining approval of Engineer-in-charge for all the Detailed/Preliminary Architectural,
Structural & Services drawings &designs.
q. Prepare and submit three-dimensional model(s) of 12′ x 15′ scale as and when required
by the Engineer-in-charge at no extra cost.
1.3.4. Scale
All drawings shall be prepared to the scale as required for proper explanation and shall
indicate the size and location of all equipment’s and accessories therein. The Contractor shall
follow all dimensions of approved architectural drawings for the work or part concerned and
check proposed drawings for any interference with the building structure or other equipment
or services.
1.4. Statutory Approvals:
The Contractor shall obtain all required statutory approvals except the Prefire NOC, Local Body
NOC & EIA clearance. The Contractor shall obtain other pre-construction & post-construction
clearances as required from , Water supply agencies concerned, Electric Supply and Inspectorate
Agencies concerned, Police and Security Agencies, Chief Controller of Explosives, Civil
Aviation Department, etc in accordance to prevailing rules, Building Bye-Laws, tree re-
plantation etcetera, as the case may be related to/ required for Construction/ Completion. The
Post Construction approvals shall include: -
i. Obtaining approval of all the competent authorities and other statutory bodies like
Ministry of Environment and forests, State Pollution Control Board, Air Force, civil
aviation, railways and local development bodies etcetera as applicable necessary
according to the local Acts, Laws, Regulations, etcetera and make any changes desired by
such authorities at no extra cost.
ii. Obtaining NOCs (No Objection Certificates) from Fire Department, Lift Inspector, Storm
water drainage & sewerage department, Municipal Corporation / Local Bodies, Civil
Aviation, Railways, EIA on completion and / or occupancy certificates etcetera
iii. Obtaining approval of electrical drawings from Central/State Electrical Inspectorate, as
applicable.
8|Page
Vol.-3-
SCC
iv. Any other approval required from the appropriate Statutory Authorities/Local Bodies.
v. Compliance as per latest GRIHA norms and obtaining approval and certification for
Green Building Rating for the building from GRIHA Council etcetera
The original documents of approval/certificates etcetera shall be submitted to the UPPWD.
1.5. Shop drawings/ Design
The Contractor shall furnish for approval of the Engineer-in-charge requisite sets of detailed
Shop drawings as stipulated/requirements of the contract and specially for Façade work,
Aluminum works, Door/Windows, Structural Glazing Work, Sanitary, Plumbing, Firefighting
(external & internal), Pump room, Electrical works, LV works, STP/WTP and all other works
within scope of this contract.
All other services, equipment and materials required to complete the work as per specifications
well in advance. These drawings/documents shall contain details of construction, size,
arrangement, operating clearances, performance characteristics, and capacity of all items of
equipment, as also the details of all related items of work of other trades. The work will be
executed by the contractor based on the approved shop drawings from the Engineer-in-charge on
recommendation by PMC/Authority Engineer and accordingly contractor will be responsible for
obtaining all required final NOC / clearance from concerned authorities. All shop drawings are
to be made in accordance with latest fire safety norms and building codes.
a. All drawings necessary for assembly, erection, maintenance, repair and operation of the
equipment shall be furnished and different parts shall be suitably numbered for
identification and ordering of spare parts.
b. For any amendments proposed by Engineer-in-charge/ concerned authority in the above
drawings, the Contractor shall supply fresh sets of drawings with the amendments duly
incorporated, along with the drawings on which corrections were indicated.
c. No material or equipment may be brought at Site until the Contractor has the approved Shop
drawings for that particular material or equipment.
d. After approval of the drawings by the Engineer-in-charge on recommendation by
PMC/Authority Engineer, the Contractor shall further furnish six sets of Shop drawings for
the exclusive use of and retention by the Engineer-in-charge.
e. Approval of drawings by the Engineer-in-charge shall not relieve the Contractor of any
obligation to meet all the requirements of the Contract or of the correctness of his drawings.
The Engineer-in-charge's approval of specific item shall not mean the approval of the
assembly of which it is a component. The Contractor shall be responsible for and is to bear
the cost for all alternations of the works due to discrepancies or omission in the drawings or
other particulars supplied by him, whether such drawings have been approved by the
Engineer- in-charge or not.
f. Where the work of the Contractor has to be installed in close proximity to, or will interfere
with the work of other trades, the Contractor shall assist in working out the space conditions
to make a satisfactory adjustment. If so directed by the Engineer-in-charge, the Contractor
shall prepare composite working drawings and sections to a suitable scale not less than
1:50, clearly showing how his work is to be installed in relation to the work of other trades.
If the Contractor installs his work before coordinating with other trades, and it is cause for
any interference with the work of other trades, he shall make all the necessary changes
without extra cost.
g. All shop drawings and detail drawings will be made as per requirements of local authorities
and tender drawings incorporating all latest regulations and requirements. No separate
drawings will be, issued for making shop drawings.
h. Unless otherwise prescribed, the contractor shall submit two sets of shop drawings/technical
submittals/data sheets/any other details required for approval of the Engineer-In-Charge.
The contractor, after incorporating modifications / deletions/observations/ amendments
suggested by the Engineer-In-Charge, shall submit six corrected sets of such documents for
9|Page
Vol.-3-
SCC
a. The site of work is available. However, in case of any underground services, part of
foundations of such structures are encountered during excavation or otherwise during the
execution of the project, the contractor shall clear the same and maintain the operational
services, without any extra cost.
b. The contractor should note that there may be some existing structures and/or operational
building in the campus. The contractor shall ensure that the services and approach to these
buildings is not hampered, without any extra cost. The work shall be carried out in such a
way that the traffic, people movement, if any, is kept operative and nothing extra shall be
payable to the contractor due to restrictive working. Dedicated access corridors and
roadways have been planned for allowing movement of the inhabitants to enter and exit
the buildings. The contractor is required to arrange the resources to complete the entire
project within the total stipulated time. Traffic diversion, if required, is to be done and
maintained as per requirement of the traffic police and / or as per specifications, by the
contractor at his own cost and the contractor shall not be entitled for any extra payment,
whatsoever, in this regard.
c. There may be some services crossing the construction area of the proposed new block.
The scope of work includes dismantling of services falling in the construction area and
supporting/shifting & making functional existing services/sewerage and water supply
lines etcetera. The contractor shall properly take care & safeguard all the existing services
in the area affected by the construction of the complex.
d. Necessary arrangement including its maintenance is to be made by the contractor for
temporary diversion of flow of existing services, drain(s) and road(s) etcetera, as the case
may be. The existing services drain(s) and road(s) etc. would be demolished, wherever
required with the progress of work under the scope of proposed project. The existing
services drain(s) and road(s) etcetera, which are not in the alignment of the said project
10 | P a g e
Vol.-3-
SCC
but are affected and/or need to demolished during execution for smooth progress of the
project, shall be rehabilitated to its original status and condition (including black topping)
by the contractor at his own cost. The cost to be incurred by contractor in this regards
shall be deemed to be included in the quoted rates and contractor shall not be entitled for
any extra payment whatsoever in this regard.
e. The information about the public utilities (whether over ground or underground) like
electrical/telephone/water supply/sewerage lines, OFC Cables, open drain etcetera is the
responsibility of contractor to ascertain the utilities that are to be affected by the works
through the site investigation.
f. The contractor shall be responsible to obtain necessary approval from the respective
authorities for shifting/re-alignment of existing public utilities. Engineer-in-
charge/UPPWD shall only assist the contractor for liaising in obtaining the approval from
the concerned authorities. The cost of shifting of utilities i.e. electrical, Telephone line,
water supply & sewer if any, the same shall be reimbursed against the work done duly
certified by the line department and as per estimate raised by concerned line department
except the cost of supervision charges. The supervision charges shall be paid to the line
department against the quality supervision. But no time extension shall be allowed on
non-shifting of the utilities.
g. Any services affected by the works must be temporarily supported by the contractor who
must also take all measures reasonably required by the various bodies to protect their
service and property during the progress of works. It shall be deemed to be the part of the
contract and no extra payment shall be made to the contractor for the same.
h. If the work is carried out in more than one shift or during night, no claim on this account
shall be entertained. The Contractor must take permission from the different statutory/
Govt. authorities’ etcetera if required for work during night hours. No claim / hindrance
on this account shall be considered if work is not allowed during night time.
i. The Contractor shall be responsible for the watch and ward / guard of the buildings safety,
fittings and fixtures provided by him against pilferage and breakage during the period of
installations and thereafter till the building is physically handed over to the department.
No extra payment shall be made on this account.
j. Any utility covered under the sanctioned cost of the project shall be taken care by the
Client Department / Employer. The above-mentioned clause (a) to (i) mentioned are over
& above to the sanctioned cost of utility shifting. In case of any unforeseen circumstances
if the contractor claims regarding above, it shall be considered & finalized by the
employer with due diligence.
1.7.2. Construction of Building & Infrastructure:
Based on the Master Plan, Concept Designs, Design Basis Report and other drawings, Technical
Specifications and other documents given in the tender, approved Good for Construction
Drawings/Shop Drawings, Finishing/Flooring Schedule, approved makes of
materials/equipment, Schedule of Doors/Windows fittings & fixtures, Schedule of
Plumbing/Sanitary Fittings/Fixtures, Scale of amenities, the Construction of all buildings/
blocks, associated infrastructure & external development work & services shall be carried out
and completed by the Contractor in a phased schedule as specified in the tender document. Scope
of the Construction work shall also include but not limited to the following:
1. EPC contract shall include Detailed Engineering and Architectural designing, Soil
investigation and Survey, Site Clearance, Design of Structure and MEP services including
allied works, Vetting of structural design from IIT Delhi, IIT Kanpur, IIT Roorkee, IIT BHU
or NIT Allahabad (Prayagraj), obtaining all statutory approvals from Local Authorities/Body
including services, preparing submission and execution drawing, Construction and
Commissioning of the project. The architectural drawings shall be vetted by the architect wing
of UPPWD.
2. The contractor’s quoted rates are deemed to include everything from the award of work up to
11 | P a g e
Vol.-3-
SCC
& including handing over of completed project, defect liability period. The EPC Contractor is
required to connect all the external services like Water Supply, Sewerage, Drainage etcetera to
the main lines of the authorities/services providers which shall be integral part of his scope of
work and deemed to be included in his quoted price. All municipal & mandatory approvals
required for occupation and completion of the project shall be obtained by the Contractor.
3. Buildings as below having tentative total built-up area of around ................... sqm with all
interior works with fittings and fixtures, MEP equipment fittings and fixtures, as per DBR,
Scope of work, approved architectural drawings, good for construction drawings & shop
drawings complete in all respects as per EIC instructions.
LIFT PROVISION (including future provision wherever applicable)
1.
2.
3.
4. Design, Supply and or Construction, Testing, Commissioning and Handing over of Under
Ground Tank for Domestic and Firewater including underground pump room (300 KLD) and
Over Head RCC Water Storage for each building Tanks with or without independent staging
of approved capacity for storage and distribution of both Fire Water and Domestic Water
including all equipment’s, fittings and fixtures, water proofing treatment, food grade epoxy
lining for domestic water storage tanks complete in all respects, as per Design Architect/EIC
instructions.
5. External Site Development- Broad activities under External Site Development includes
Levelling, Internal Roads & Path Ways, Sewer Network, Filtered Water Supply Network, All
services distribution lines of 100 mm dia or any size approved by EIC, All peripheral grid
services distribution lines of 300 mm dia or any size approved by EIC, Unfiltered water
supply distribution lines, Storm Water Drains, Street Lighting (Electric and or solar powered,
as approved by EIC), Comprehensive Campus Signage including electric signage, designing
street feature, furniture etcetera as per Design Architect/EIC instructions.
6. Design, Supply and or Construction, Testing, Commissioning and Handing over of occupancy
sensors for Areas as per DBR & shop drawings complete in all respects as per EIC
instructions.
7. Design, Supply and or Construction, Testing, Commissioning and Handing over of
distribution cables from Substation to each Block as complete as per DBR & shop drawings
complete in all respects as per EIC instructions.
8. Design, Supply and or Construction, Testing, Commissioning and Handing over of
Ventilation, Smoke Extraction & Smoke Management System as per DBR & shop drawings
complete in all respects as per EIC instructions.
9. Design, supply and or Construction, Testing, Commissioning and Handing over of Sewerage
Treatment Plant with requisite civil structures and pump room/work having minimum
capacity of ........... KLD or the capacity approved by EIC as per DBR & & shop drawings
complete in all respects as per EIC instruction.
10. Design, Supply and or Construction, Testing, Commissioning and Handing over of Water
Treatment Plant (........ KLD) with requisite civil structures / work having minimum capacity
approved by EIC as per DBR & shop drawings complete in all respects as per EIC
instructions.
11. Design, Supply and or Construction, Testing, Commissioning and Handing over of Rain
12 | P a g e
Vol.-3-
SCC
Water Harvesting System with requisite civil structures / work at minimum 18 nos. RWH
Pits within the plot area or at the locations finalized by EIC as per DBR & shop drawings
complete in all respects as per EIC instructions.
12. Design, Supply and or Construction, Testing, Commissioning and Handing over of 2 no. of
850 lpm tube wells with pump and motor System with requisite local bodies clearances, civil
structures / work at minimum 1 locations within the plot area or at the locations finalized by
EIC as per DBR & shop drawings complete in all respects as per EIC instructions.
13. Design, Supply and or Construction, Testing, Commissioning and Handing over of water
cooler (200 Litre Storage Capacity) with RO System of 1500 LPH in Admin Block & 200
LPH in Academic Block with requisite equipment’s at the locations finalized by EIC as per
DBR & shop drawings complete in all respects as per EIC instructions.
14. Design, Supply and or Construction, Testing, Commissioning and Handing over of Boundary
Wall, 2250 Rmt or as per actual site requirement, Guard Posts, Sliding Gates, RFID based,
Boom Barriers etcetera, with requisite equipment, cabling, fixtures and fittings etcetera,
within the campus at the locations finalized by EIC as per DBR & shop drawings complete in
all respects as per EIC instructions.
15. Demolition work as per actual requirement at site, if required.
16. All Structural Works – As per Structural DBR.
17. Architectural & Civil Works & Civil Finishing Works etcetera,
18. Plumbing Works & Sanitary (Internal & External)
19. Electrical Works (Internal & External)
20. Earthing and Lightening Conductor
21. Fire Alarm System
22. Intelligent addressable emergency Lighting and Exit System
23. Public Address System
24. Data Networking & Telephone (Conduiting & Wiring)
25. CCTV Surveillance System Conduiting & Wiring
26. Fire Fighting and Suppression System Works.
27. UPS system (Admin & Library -2x30 KVA , Academic -2x30 KVA, Hostel Block-
2x30KVA, Facility Centre- 1x5 KVA, VC Residence- 1x5 KVA )
28. Mechanical Ventilation
29. Fire Protection Gas for Substation/LT Panel/UPS room
30. Sub Station (3x800 KVA: (2 working+1 standby Transformer) 11/.433 KV Electrical
Substation
31. Main LT Panel and Sub Distribution Panel
32. Bulk Electrical Services
33. Electric Fire Monitoring and Emergency Lighting System.
34. Designing Street, Outdoor& Landscape Lighting.
35. Aviation Light and Lightning Protection system.
36. Gas Suppression system for Panels as per NBC-2016.
37. Storm Water Drain (RCC)
38. O.H.T(as per requirements )
39. External Sewerage System
40. Solar PV System (240 KWP ongrid for Admin+Academic & 120 Kwp offgrid for Boys &
Girls hostel)
41. Customized G.I. Cable Tray.
42. Designing of Signage Systems for Building, Roads etcetera,
43. DG Sets (3x500KVA +1x125 KVA) Working + 1x500 KVA Standby
44. Bitumen’s Road & CC Interlock paver parking roads
45. Boring with Pump room
46. Electric Substation Building
47. Passenger lifts (as above )
48. Transplantation of trees as per actual requirement of site, if required.
49. Horticulture & Landscaping
50. RWH (Rainwater Harvesting) 18 nos.
13 | P a g e
Vol.-3-
SCC
51. The project is to be built fully compliant to latest GRIHA rating or equivalent green building
rating system (Indian Green Building Council) norms for the entire scope in this contract&
contractor shall obtain certification to this extent.
52. All signages will be LED lighted/Retro-reflective as per concept drawings / as per direction of
Engineer-In-Charge.
53. All external electrical LED light as per DBR and drawings will be powered.
54. All statutory / municipal approvals including EIA and Consent to Establish/ Operate before
/during / post construction stages are to be obtained by the Bidder. The statutory fee for such
clearances shall be reimbursed by the UPPWD/Employer.
55. The details mentioned in DBR and technical specification / conceptual drawings are
indicative in nature. The Bidder will ensure to complete the work and make functional as per
NBC 2016 and including any amendments if any, statutory requirements, UPPWD/Client
requirements and good engineering practices etcetera
56. The area statement given is indicative in nature. The works is to be completed as per concept
design, Client requirements, drawings, scope of work, finishing schedule and prevalent codes,
NBC 2016, statutory requirement guidelines etcetera
57. Soil report enclosed is indicative. Bidder/Contractor is advised to do their own
survey/exploration; nothing extra will be paid on deviation of soil report.
58. All drawings/ specifications / makes / shop drawings and construction methodology etcetera
are to be got approved from Engineer-in-Charge or on his behalf by PMC/Authority Engineer
as required prior to execution / procurement. However, it does not imply that Bidder absolves
themselves from code provisions/statutory requirements.
59. All Formwork for all RCC works should be of laminated ply finish/Standard shuttering.
60. Prevention/safety of Existing Structure during entire construction period.
61. All columns/wall corners in the parking area should have approved rubber/PVC corner
protection.
62. All Entry point/exit point should have boom barriers with provision and design of RFID
facility as required.
63. Parking shall be provided as per NBC 2016 or prevalent statutory requirements.
64. The facility at each floor as shown may interchange/may add/may delete within building
envelope as conceptualized. The internal partition and allied services may also change as per
functional need and requirement of the client/ UPPWD etcetera Nothing extra shall be
payable on this account to contractor.
65. All specifications are to be followed as given in technical specifications, however, at any
location if any information/specification is of specific make it has to be treated as or
equivalent.
66. Preparation of Detail design and drawings based on DBR.
67. Preparation of Shop drawings and as built drawings and its approval from UPPWD & Proof
checking Consultant Agency.
68. The E.P.C. contractor shall bear the complete responsibility and cost for the surveys;
investigation studies; design development of the employers design/ performance criteria up to
detail design level, Engineering (including all specialized engineering requirements
mentioned in the contract or needed for the successful completion and handover of the
project); Manufacture, Delivery, Construction, Erection and Installation, Testing,
Commissioning, Handing Over and provision of required warranties of the entire facility to
the satisfaction of EIC.
69. The E.P.C. contractor is expected to discharge his responsibility in conformity with the
contract as per the tender documents and those documents specified therein to constitute the
contract document and in conformity with all laws, regulations, acts, statutes, bye-laws,
applicable to all aspects of the investigation, design, engineering, construction, manufacture,
delivery and shall indemnify the owner against any claims or damages, fines, suits, legal or
administrative actions/ strictures penalties, etcetera resulting from the neglect or inability or
avoidance of the above said laws, regulations, statutes, etcetera
70. It is re-emphasized that the employer expects the EPC Contractor to comply with all
municipal regulations, environmental regulations, health and safety regulations and comply
with all the requirements spelled out in this regard in the contract. Where there is a difference
14 | P a g e
Vol.-3-
SCC
between the employer’s requirements and regulatory requirements the more stringent
provision shall prevail. It is assumed the EPC Contractor has completed his due diligence on
this prior to filling the tender and no change in cost shall be considered for this.
71. The EPC Contractor shall follow all best practices, codes, standards and adhere to
specifications and shall meet or exceed performance requests as spelled out in this contract.
72. The EPC Contractor shall engage reputed Architect, Interior Designer, Experienced Interior
Works Executing Agency etcetera, or any such specialized agency / agency as instructed by
EIC for proper works execution, complete in all respects as per EIC’s instructions. The EPC
contractor shall submit the Professional Liability Insurance of structural Design valid
for 10 years period of time.
73. The EPC Contractor shall carry out the procurement of all the materials, equipment,
Installations, accessories as may require for completion and Installation & Commissioning of
work for the project.
1.8. The scope of work is only indicative and not exhaustive. In additions to the above the
Contractor shall be responsible for executing all the works/items required for completing all
the building and other services in all respect to make the premises in UP habitable and ready
for occupation as per direction of Engineer-in-charge.
1.9. Approval of Engineer-in-Charge on recommendation by PMC/Authority Engineer at any
stage of planning, design and construction of the project will not absolve the ingrained
responsibility of the Contractor to execute the construction flawless and at par excellence and,
if any aspect contrary to this owning up of responsibility is glaring, the Contractor will be
held liable for such gross deviation.
1.10. The work shall be executed in accordance with the drawings/design approved by Engineer-in-
Charge (on recommendation by PMC/Authority Engineer) which are prepared by the
Contractor in conformity with the scope of the project & specifications, standards and
statutory requirements. The Contractor shall carry out and complete the said work in every
respect in accordance with this Contract and with the directions of and to the satisfaction of
the Engineer-in-charge.
1.11. The Engineer-in-charge may in his absolute discretion and from time to time review the
drawings/ designs & approve drawings/designs and/or written instructions, details,
directions and explanations, in regard to:
a. The variation or modification of the drawings, design, quality or requirement of works
or the addition or omissions or substitution of any item.
b. Any discrepancy in the drawings or between the requirement of work sand
/or drawings and/or specifications.
c. The removal from the site of any material 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 removal of any persons employed by the contractor on the site after obtaining
approval from Engineer-in-Charge.
f. The opening up for inspection of any work covered up.
g. The amending and making good of any defects noticed during or after execution of the
work.
1.12. The contractor shall be solely responsible for the means, methods, techniques sequence and
procedure of construction. The Contractor shall be responsible to see the completed work
complies accurately with the Contract requirements. The Contractor shall provide all
necessary superintendence during the execution of the Works as per contractual provisions.
a. The Contractor shall be responsible for the correct positioning of all parts of the Works,
and shall rectify any error in the positions, levels, dimensions or alignment of the
Works. Contractor agrees and undertakes that the construction shall be completed within
the Project Completion Schedule and any extension of time granted according to the
provisions of this Agreement.
15 | P a g e
Vol.-3-
SCC
b. The Contractor shall, subject to the provisions of the Contract, and with due care and
diligence, execute and complete the Works & remedy any defects therein in accordance
with the Contract. The Contractor shall provide all labour, including the supervision
thereof, materials, Constructional Plant and Machineries and all other things, whether of
a temporary or permanent nature, required in and for such execution, completion,
maintenance and remedying of any defects, so far as the necessity for providing the
same is specified in or is reasonably to be inferred from the Contract.
c. The Contractor must bear in mind that all the work shall be carried out strictly in
accordance with the specifications as given in these documents and also in compliance
of the requirements of the local public authorities and to the requirements/ satisfaction/
direction of the Engineer-in-charge and no deviation of any account will be permitted.
d. The Contractor shall have to use materials adhering to the standards as mentioned
in the DBR/good industry practise contained in the contract documents and as
approved by the Engineer - in- Charge. The contractor shall prepare a model room
at site displaying the items to be used on the project adhering to the
norms/specification as mentioned in the DBR & specification of the bid document.
Wherever different pattern/ Design/ Quality of materials with same specification/
make as specified in the contract, is available in the market, Engineer-in-Charge
with the help of representative of the Client Department will approve the pattern/
Design/ Quality of the material/ item which shall be final and binding on the
contractor. The contractor shall supply samples of all the materials / fittings /
fixtures proposed to be used in the work and obtain approval of the Engineer - in-
Charge. These samples shall be retained at site till completion of the work. If
subsequently it is found that approved material upon testing does not meet the
requirement as specified in the contract the contractor shall get approval of
alternate material.
e. The work shall be carried out in conformity with the relevant drawings and the
requirement of architectural, electrical, structural, and other specialized service drawings
approved by PMC/Authority Engineer.
f. The Contractor shall make provision of hangers, sleeves, structural openings and other
requirements during construction to avoid holding up progress of the construction
schedule. The Contractor should ensure that the structure is designed for additional
loads or cut outs. Subsequent Cutting of holes in the RCC structural members /slab shall
not be allowed.
16 | P a g e
Vol.-3-
SCC
17 | P a g e
Vol.-3-
SCC
22 | P a g e
Vol.-3-
SCC
1.12. Miscellaneous:
(a.)Tax Deduction at Source
All Taxes and surcharge as applicable on date shall be deducted from the amount due to the
Contractor towards the value of the work done. TDS certificate thereof shall be issued to
the Contractor.
(b.) By-Laws of Statutory Authorities
The Contractor and his labour shall not violate municipal /sanitation /health or any other
byelaws.
(c.)Delay in starting the work
No compensation shall be allowed for any delay caused in the starting of the work on
account of acquisition of land, encroachment or in the case of clearance of works, on
account of any delay in according sanction to estimates in issue of drawings, decisions
etcetera However, the extension of time shall be granted as per relevant conditions of
Contract. A hindrance register shall have to be maintained at the site, duly issued by
Engineer-in-Charge mentioning the detailed reasons thereof. The hinderance shall be
recorded by the Contractor/PMC/Authority Engineer/PWD & shall be responded by other
agency as recorded & seen. When the hinderance is over the same shall also be recorded by
the responding agency & accepted by other party too.
(d.) Site instruction book
For the purpose of quick communication between, Engineer-in-charge, PMC/Authority
Engineer and the Contractor or his representative, site instruction book shall be maintained
at site as described below:
Any communication, relating the works may be conveyed through instructions in the site
instruction book. Such a communication from Engineer-in-charge, PMC/Authority
Engineer to the Contractor shall be deemed to have been adequately served in terms of the
contract once the entries are made and signed by the authorized representative of the
contractor. For this purpose, the contractor should authorize one of his employees on the
site itself. Site instruction book shall have machine numbered pages and shall be carefully
maintained and remain under custody of Engineer-in-charge. The contractor can also avail
of the site instructions book for urgent communication with Engineer-in-charge. Any
instruction which Engineer-in-charge or on behalf by PMC/Authority Engineer may like to
issue to the Contractor may be recorded by the Engineer-in-charge or on his behalf by
PMC/Authority Engineer in site instruction book.
(e.)Signage
The Contractor shall provide at his own cost, sign board(s) at directed location(s) having
overall size preferably 2 metres by 4 metres, or any other size, indicating name of the
project, and a three-D view of the project as well as the name of the Contractor,
PMC/Authority Engineer & UPPWD with addresses, cost of the Project, date of start &
completion, as approved by Engineer-In-Charge. The signboard should be illuminated
during night.
(f.) No idling charges or compensation shall be paid for idling of the contractor’s labour, staff or
P&M etcetera on any ground or due to any reason whatsoever.
(g.) The Contractor shall mobilize and employ sufficient resources for completion of all the
works within the stipulated time period as per agreement and as indicated in the approved
Bar Chart/ Network. No additional payment will be made to the contractor for any multiple
shift work or other incentive methods contemplated by him in his work schedule even
though the time schedule is approved by Engineer-in-charge.
2. Contract Price and Payments
2.1 The Bidder shall quote their rates in the prescribed format as per “Vol. 7- FINANCIAL Bid”
of the tender documents. The quoted rates shall be inclusive of all costs towards site visits,
planning, designing , site surveys, soil investigations all material, labour, plant and machinery,
23 | P a g e
Vol.-3-
SCC
tools and tackles, batching plant etcetera including water & electricity, overhead charges, all
taxes (excluding GST), duties, levies statutory charges / levies applicable from time to time
and others as specified etcetera, incidental works and all other charges for items contingent to
the work, such as, packing, forwarding, insurance, freight and delivery at Site, watch and ward
of all materials & successful installation, testing & commissioning at site etcetera, including
handing over of the works to the Administrative department during the DLP period etcetera
complete as per Scope of Work. The quoted rates shall also include cost of all other inputs
required in the execution of the item, all taxes and duties including Goods & Services Tax.
The fee paid by the contractor for obtaining various statutory approvals shall be reimbursed to
him after submission of payment receipts and other relevant documents by the contractor.
i. Rates quoted shall be firm and shall not be subject to any price variations except as
specifically provided in the contract.
ii. Unless otherwise specified the rates tendered by the contractor shall be all inclusive and
shall apply to all shapes, heights, lifts, leads and depth of the building and nothing extra
shall be payable to him on any account.
iii. Royalty, whenever payable, shall be borne by the contractor on the boulders, metal,
shingle, sand and bajri etcetera, or any other materials collected by him for the work
direct to the revenue authority of the District / State Government concerned and nothing
extra shall be payable on this account.
iv. The words “as specified”, “as described”, “as shown”, “as directed”, or “as approved”,
shall mean as described in the specifications, Schedule of Quantities and other Contract
documents as shown on the drawings or as directed by Engineer-in-Charge.
2.2 The payments shall be made on the area basis w.r.t each building. The area for purposes of
payment shall be the plinth area actually constructed. In order to ensure the adoption of a
uniform method of working out Plinth Areas from plans, guidelines conforming to IS 3861-
2002 will be applicable.
2.3 All running / intermediate & final payments shall be made to the contractor in accordance
with the following schedule and on pro-rata basis:
24 | P a g e
Schedule of Payment
Note: - The Payment schedule given below is tentative. It shall be reviewed as per site specific conditions
& as per final design requirements of EPC Project, as agreed up on by Employer on recommendation of
PMC/Authority Engineer.
Payment Schedule: The Amount quoted by Contractor shall be derived as follows:
28 | P a g e
Vol.-3-
SCC
3. Site Management
3.1. The contractor may construct temporary office, storage, accommodation and labour huts
within the site premises where the space is available at site. In case, where surplus land is
not available within the site and/or not permitted by the Employer, the contractor shall
arrange the land for temporary office, storage, accommodation and labour huts at his own
cost and is responsible for taking the clearance of local authorities, if required, for setting
up / construction for labour camp and same is deemed to be included in the rates quoted
by the contractor for the works. The contractor shall check the availability of land before
tendering and no claim whatsoever in this regard shall be entertained. The contractor
29 | P a g e
Vol.-3-
SCC
shall ensure that the area of labour huts is kept clean and sanitary conditions are
maintained as laid down by the local authorities controlling the area. The land for the
above purposes shall be so placed that it does not hinder the progress of work or access to
the worksite. The vacant possession of the land used, for the purpose shall be given back
by contractor after completion of the work.
3.2. Contractor's Working Area
Suitable working space will be provided by the Contractor to the Engineer-in- Charge &
PMC/Authority Engineer as per site conditions and availability. The Contractor may have
to carry out some cutting / filling work for making this area workable. The cost of all
such Works shall be deemed to have been included in the contract price quoted for the
Works and no payment shall be made on this account.
Before commencement of the work, the Contractor shall obtain approval of the Engineer-
in charge for the location of cement godown, steel stacking and fabrication yard, site
office and shall from time to time take instructions from the Engineer – in- charge
regarding collection and stacking of materials at the site. No excavated earth or building
material shall be stacked on areas where other buildings, roads, services or compound
wall or any other structure are to be constructed.
3.3. Site Office:
a. The Contractor shall construct/provide one site office (semi-permanent structure) for use
by Engineer-in-charge & his subordinate staff i.e. PMC/Authority Engineer and his staff
consisting of 2 rooms with toilet and one conference Room (30-seater) with toilet having
area not less than 350 Sqm for PMC/ Employer officers & staff. The location and plan
shall be got approved from Engineer-in-Charge. Specification for the site office shall be
suitable and matching for running an office which shall be got approved from Engineer-
in-charge. The Contractor shall provide a typical plan of site office & conference room
(having light fixtures, wiring &, AC etcetera) with specification within 15 days of award
of work. The site office shall have a sample room, A.C conference room, staff rooms
along with toilets & pantry with file storage facility, computers (8 Nos.), Broad band (2
Nos.) and printers (2 Nos.) with their consumables, a telephone, licensed version
Primavera software, Auto-CAD etcetera All running cost & charges for office including
Electricity bill, water supply bills, RO/drinking water bills etcetera shall be borne by the
Contractor. The Contractor shall provide the following furniture (new) for use of
PMC/Authority Engineer & UPPWD officers & staff at site office.
Along with video surveillance system, video conference facility, complete in all respects
with necessary required equipment and software shall be provided at site office for
frequent/periodical interaction between project site office and Corporate /Regional office
of Employer / PMC/Authority Engineer.
c. Electricity & drinking water shall also be provided by the contractor free of cost for such
period.
3.4. Contractor's Temporary Structures
i. The Contractor may, at his own expense and subject to the approval of the Engineer-in-
charge and statutory authorities, as required, construct temporary structures for its site
office, stores; Workshop etcetera in the working area allocated to him as above and
remove the same on completion of Works. The Contractor shall furnish such details of his
Temporary Works as may be called for by the Engineer-in-charge and the Contractor
shall satisfy the Engineer-in-charge as to their structural safety. The Contractor shall be
solely responsible for the stability and structural safety of all temporary works including
obtaining statutory approvals and payment of statutory fees, if any. Should it be necessary
to shift the temporary works to some other place during the execution of the works, the
Contractor shall do so, at his own cost.
ii. Initial and Final Clearance of site for temporary works:
The Contractor shall be responsible for the clearance of the site of all scrub, debris,
rubbish, etcetera to be removed off site to a location to be provided by the contractor and
approved by the Engineer- in-charge. However, no trees shall be removed without the
prior permission of the Engineer-in-charge. The structures, services and works required to
be demolished and removed shall also be removed off site to a location as mentioned
above. The Contractor shall obtain necessary permissions and approvals from the local
authorities for such disposals. The demolition shall include digging, excavating and
removal of substructures, foundations and buried works. The cost of all this shall be
borne by the Contractor.
The above is applicable for all site offices, labour camps, and godowns etcetera, which
are not required after the work is completed.
iii. Storage, Cleaning and Dewatering
The Contractor shall at all the times during construction keep the Site clean and free from
all debris and unwanted materials on a daily basis as per instructions of the Engineer-in-
charge.
Storage of materials shall be in an organized manner and in proper compartments as
directed by the Engineer - in- Charge. Storage on suspended floors shall not be permitted
unless specifically approved in writing by the Engineer-in-charge for specific materials in
specific locations and in approved manner. The Engineer-in-charge shall be furnished
with load details, if requested, before seeking approval for storage.
Regular cleaning operations shall be undertaken to remove all dust, debris, waste
materials etcetera A cleaning schedule shall be maintained.
The Contractor shall make his own arrangement for storage of those materials, which can
be accommodated at site. Contractor shall be fully responsible for safe custody of the
same. Materials shall be considered as “Delivered at Site” only after the physical
presence of materials at site are verified by the Engineer-in-charge. Storage of materials /
equipment elsewhere shall not be considered as “Delivered at Site.”
The Contractor shall be responsible to keep entire site free from water due to water
coming from any source at any level and shall protect all materials and works from being
31 | P a g e
Vol.-3-
SCC
damaged by the water from any source. Contractor shall make proper arrangements for
drainage prior to use of water for curing, testing, cleaning etcetera
Any expenditure incurred by the Contractor in fulfillment of his obligations under this
sub-clause shall be deemed to have been included in the financial Bid and subsequent
contract.
iv. The security deposit of the contractor shall be released only after contractor demolishes
all structures including foundations and gives back clear vacant possession of this land.
3.5. Care of Works
From the commencement to the certified completion of the whole of works, the contractor
shall be responsible for the care, safety and maintenance of the works executed under the
contract thereof and of all temporary works. In case of any damage/ loss or injury shall
happen to the works or to any part thereof or to any temporary works from any cause
whatsoever save and except the expected risks, the contractor shall at his own cost repair
and make good the same, so that on completion the works shall be in good order and
condition in conformity to every respect with the requirements of the contract. The
contractor shall also be liable for any damage to the works occasioned by him including
his subcontractors in the course of any operations carried out by him for the purpose of
completing any outstanding work and complying with his obligations under the Contract.
In case of failure on the part of the contractor the damage/ loss/ injury shall be made good
by the Employer at the risk and cost of the contractor.
3.6. Safety in Construction
The contractor shall adhere to the safety, health & environmental guidelines as prescribed
in the tender document. The contractor shall employ only such methods of construction,
tools and plant as are appropriate for the type of work or as approved by Engineer-in-
Charge in writing.
The contractor shall take all precautions and measures to ensure safety of works and
workmen and shall be fully responsible for the same. Safety pertaining to construction
works such as excavation, centering and shuttering, trenching, blasting, demolition,
electric connections, scaffolds, ladders, working platforms, gangway, mixing of
bituminous materials, electric and gas welding, use of hoisting and construction
machinery shall be governed by the Safety code, relevant safety codes and the direction
of Engineer-in-Charge
The Contractor shall be fully responsible for the adequacy, stability and safety of all site
operations and methods of construction, the contractor shall ensure that all safety norms
are followed as per contractual and other statutory requirements.
3.7. Contractor's Labour Camp
The Contractor shall make arrangements at his own expense for labour camp /
accommodation for labour and staff to be employed for execution of the work and their
conveyance to Site. Proper ID Cards shall be got approved /authorized by the contractor
from the Engineer-in-charge to authorize the Contractor's staff and workers to enter the
Site.
3.8. Mobilization of Resources:
Contractor shall not mobilize his resources in terms of materials, machinery, tools &
plants, facilities required to implement the project and shall not pay any advances to any
party unless he receives letter of Award from Employer or Employer’s representative.
Contractor shall himself be responsible for such cost incurred without receipt of notice to
proceed and no such claim of contractor shall be entertained by the Employer.
32 | P a g e
Vol.-3-
SCC
private property whatsoever caused thereon by the Contractor. All waste or superfluous
materials shall be removed by the Contractor without any reservation entirely to the
satisfaction of the Engineer-in- Charge.
(d). In the event of any restrictions being imposed by the Security agency, Employer,
Traffic or any other authority having jurisdiction in the area on the working or movement
of labour /material, the Contractor shall strictly follow such restrictions and nothing extra
shall be payable to the Contractor on this account.
(e).In case the contractor is not permitted to erect the huts for labour at the site of work, the
contractor will have to make his own arrangement to provide such accommodation
elsewhere and nothing extra shall be paid on this account.
(f). The contractor shall obtain approval of the PMC/Authority Engineer/Engineer-in-Charge
to erect the hutments for labour etcetera at the site of work; denial of approval shall not
affect the construction activities.
(g). The contractor shall take all precautions to avoid accidents by exhibiting necessary
caution boards such as day and night boards, speed limit boards, red lights and providing
barriers. He shall be responsible for all damages and accidents caused due to negligence
on his part. No hindrance shall be caused to traffic during the execution of the work.
c. Site Data
(a). The Contractor, with the Tender documents, has been made available such relevant data
in UPPWD’s possession on hydrological and sub-surface conditions. The accuracy or
reliability of the data/studies/reports and of any other information supplied at any time by
the UPPWD is not warranted with respect to the viability of his design and execution of
Works and the Contractor shall be responsible for interpreting all such data. The
Contractor shall conduct further investigations considered necessary by him at his own
cost and any error, discrepancies if found in UPPWD’s data at any stage will not constitute
ground for any claim for extra time and costs.
(b). The Contractor shall be deemed to have obtained all necessary information as to risks,
contingencies and other circumstances which may influence or affect the Tender or
Works.
(c). The Contractor shall also be deemed to have inspected and examined the Site, its
surroundings, the above data and other available information with respect to the viability
of his design and execution of Works and to have satisfied himself before submitting the
Tender, as to all the relevant matters including without limitation:
i. the form and nature of the Site, type of soil including the sub-surface conditions;
ii. the hydrological and climatic conditions;
iii. the extent and nature of the work, Plant, and Materials necessary for the execution and
completion of the Works and the remedying of any defects.
iv. the applicable laws, procedures and labour practices
v. The Contractor’s requirement for access, accommodation, facilities, personnel, power,
transport and other services.
vi. the risk of injury or damage to property adjacent to the Site and to the occupiers of such
property or any other risk.
d. Access Route
The Contractor shall be deemed to have satisfied himself as to the suitability and availability
of the access routes he chooses to use. The Contractor shall (as between the parties) be
34 | P a g e
Vol.-3-
SCC
responsible for the maintenance of access routes. The Contractor shall provide at his cost
signs or directions, which he may consider necessary or as instructed by Engineer for the
guidance of his staff, labour and others. The Contractor shall obtain any permission
concessions and related easement right that may be required from the relevant authorities
for the use of such routes, signs and directions.
The Employer will not be responsible for any claims which may arise from the use or
otherwise of any access route. The Employer does not guarantee the suitability or
availability of any particular access route, and will not entertain any claim for any non-
suitability or non-availability for continuous use during construction of any such route.
e. The Contractor shall pay all traffic surcharges and other royalties, licence fees, rent and
other payments or compensation, if any, for getting stone, sand, gravel, clay or other
materials, machine, process, systems, work methods, or Contractor’s Equipment required
for the Works.
f. Traffic regulation and safety measures by the Contractor
i. The Contractor shall take all the required measures and make arrangements for the safety
of other inhabitants during the construction of the Project or a Section thereof in
accordance with the provisions of Specifications as applicable.
It shall provide, erect and maintain all such barricades, signs, markings, flags, and lights as
may be required by Good Industry Practice for the safety of the traffic passing through
the Section under construction or maintenance.
ii. All works shall be carried out in a manner creating least interference to traffic passing
through the Project Site or a Section thereof. In stretches where construction or
maintenance works on the carriageway are taken up, the Contractor shall ensure that
proper passage is provided for the traffic. Where it is not possible or safe to allow traffic
on part width of the carriageway, a temporary diversion of proper specifications shall be
constructed by the Contractor at its own cost. The Contractor shall take prior approval of
the Engineer for any proposed arrangement for traffic regulation during Construction and
Maintenance, which approval shall be granted promptly and reasonably.
4. Employment of Personnel
Not withstanding the provisions in the General Condition of the Contract, the contractor
shall preferably employ Indian Nationals as his representatives, servants and workmen
after verifying their antecedents and loyalty. He shall ensure that no personnel of doubtful
antecedents and any other nationality in any way is associated with the works.
a. The Contractor shall ensure his presence at site all times during working hours
throughout the course of the Contract or depute a Competent representative who shall be
empowered to receive instructions from the Engineer-in-Charge in respect of all matters
likely to arise in connection with the execution & coordination of the works at the site.
b. Unless the Contractor's Representative is named in the Contract, the Contractor shall,
within 7 days of issue of LOA, submit to the Employer for consent the name and
particulars of the person the Contractor proposes to appoint. The Contractor shall not
revoke the appointment of the Contractor's Representative without the prior information
to the Engineer-in-charge. The Contractor’s Representative so nominated shall have full
authority to act on behalf of the Contractor. The Contractor's Representative shall give his
whole time to directing the preparation of the Construction and/or Manufacture
Documents and the execution of the Works. The Contractor's Representative shall receive
(on behalf of the Contractor) all notices, instructions, consents, no objection certificate
approvals, certificates, determinations and other communications under the Contract.
Whenever the Contractor's Representative is to be absent from the Site, a suitable
35 | P a g e
Vol.-3-
SCC
g. No unauthorized persons shall be allowed on the site. The contractor shall provide
complete security arrangement for the campus during construction to avoid trespassing.
The Contractor shall ensure all such persons are kept out and shall take steps to prevent
trespassing. However, the contractor will make sure to provide free access at any time for
Engineer-in-charge to the site and other working places.
h. In case the Contractor is required to employ foreign nationals for execution of work, then
the employment of foreign personnel by the Contractor and/or its Sub-contractors and
their sub. Contractors shall be subject to grant of requisite regulatory permits and
approvals including employment/residential visas and work permits, if any required, and
the obligation to apply for and obtain the same shall and will always be of the Contractor.
36 | P a g e
Vol.-3-
SCC
i) Logo shall have its outer dimension 2”X2” and shall be conspicuous.
ii) Logo shall be either painted or affixed.
iii) No words shall come either on Top / Bottom of Logo.
c. Working at Heights
Contractor shall ensure that work at height is properly planned for any emergencies and
rescue appropriately supervised, and carried out in a manner, which is reasonably
practicable safe. Contractor shall ensure that work at height is carried out only when the
weather conditions do not jeopardize the health or safety of persons involved in the work.
Guardrail, Toe-board, Barrier or similar collective means of protection shall be of
sufficient dimensions, of sufficient strength and rigidity for the purposes for which they
are being used, and otherwise suitable.
Working Platform shall be of sufficient dimensions to permit the safe passage of persons
and the safe use of any plant or materials required to be used and to provide a safe
working area-having regard to the work being carried out there. Possess a suitable surface
and, in particular, be so constructed that the surface of the working platform has no gap
through which a person, material or object could fall and injure a person. A working
platform and any supporting structure shall not be loaded so as to give rise to a risk of
collapse or to any deformation, which could affect its safe use. Strength and stability
calculations for scaffolding shall be carried out by the contractor. The dimensions form
and layout of scaffolding decks shall be appropriate to the nature of the work to be
performed and suitable for the loads to be carried and permit work and passage in safety.
A personal fall protection system designed for use with an anchor shall be securely
attached to at least one anchor, and each anchor and the means of attachment thereto shall
be suitable and of sufficient strength and stability for the purpose of supporting any
foreseeable loading. Suitable and sufficient steps shall be taken to prevent any person
falling or slipping from a personal fall protection system. Any other steps in the opinion
of engineer-in-charge suggested will also be taken in Protection system
Only metal ladders shall be allowed. Any surface upon which a ladder rests shall be
stable, firm, of sufficient strength and of suitable composition safely to support the ladder
so that its rungs or steps remain horizontal, and any loading intended to be placed on it. A
ladder shall be so positioned as to ensure its stability during use. A suspended ladder shall
be attached in a secure manner and so that, with the exception of a flexible ladder, it
cannot be displaced and swinging is prevented. No interlocking or extension ladder shall
be used unless its sections are prevented from moving relative to each other while in use.
38 | P a g e
Vol.-3-
SCC
39 | P a g e
Vol.-3-
SCC
Landscaping etcetera shall regularly visit the project site and other locations during
execution of work for discussions, clarifications and attending various meetings with
Engineer-in-Charge/ Employer wr.t the project and as per directions of Engineer-In-
Charge.
6.3. Design and Construction
6.3.1. Obligations prior to commencement of Works
Within 7 (seven) days of the Commencement Date, the Contractor shall:
(a) appoint its representative (the "Contractor’s Representative") duly authorised to deal
with the Engineer-in-Charge/ Employer in respect of all matters under or arising out of
or relating to this Agreement;
(b) appoint a design head (the "Design Head") who will head the Contractor's design units
and shall be responsible for surveys, investigations, collection of data, and preparation
of preliminary and detailed designs.
(c) undertake and perform all such acts, deeds and things as may be necessary or required
before commencement of Works under and in accordance with this Agreement
including approval from Statutory Authorities, Applicable Laws and Applicable
Permits; and
(d) Make its own arrangements for procurement of materials needed for the Project under
and in accordance with the Applicable Laws and Applicable Permits.
6.3.2. Project completion Schedule is set out in the contract document. Design shall be
developed in conformity with the specifications and standards set forth in the contract
document.
6.3.3. Engagement of Proof Checking Consultant
The Proof checking consultant for vetting/proof checking of structural designs shall be
engaged by the Contractor and the same shall be from any Indian Institute of
Technology/National Institute of Technology as approved by Employer for which the
requisite request shall be submitted by the Contractor. The Contractor shall get the
structural details / design & drawings proof checked from the approved proof checking
consultant as per requirements and at his own cost. Nothing extra shall be payable to the
contractor by Employer on this account.
6.3.4. The Contractor shall submit the designs and drawings, duly certified by the Proof
Consultant, to the Engineer-in-Charge for review. Provided, however, that the
contractor shall ensure and provide the Engineer-In-Charge additional drawings that
may be required for its review in accordance with Good Industry Practice. The
programme for submission of the design shall be finalized in consultation with the
Engineer-In-Charge.
6.3.5. Considering the need for complying the specific acoustics parameters w.r.t project
the Contractor shall arrange to comply with required acoustical parameters in designs
and construction of various facilities in line with the provisions of the DBR and as per
scope of work.
6.3.6. Considering the need for specific green building parameters and to obtain the
required GRIHA Green Building Rating Certification w.r.t project the Contractor shall
arrange to comply with required Green Building parameters in designs and construction
of various facilities in line with the provisions of the DBR and as per scope of work.
6.3.7. Contractor’s Warranty of Design
(a) The Contractor shall be fully responsible, for the suitability, adequacy, integrity,
40 | P a g e
Vol.-3-
SCC
6.3.8. In respect of the Contractor's obligations with respect to the design and Drawings of
the Project as set forth in tender document, the following shall apply:
(a) The contractor shall furnish design and drawings to Engineer-in-Charge/
PMC/Authority Engineer and in such sequence as is consistent with the Project
Completion Schedule, required number of copies of all Drawings, to the Engineer-in-
41 | P a g e
Vol.-3-
SCC
42 | P a g e
Vol.-3-
SCC
8.3. Samples
i. The Employer will not supply any materials required for execution of the Works under
this Contract. The Contractor must, therefore, make his own arrangements for timely
procurement of various materials including steel and cement etcetera
ii. Prior to ordering any equipment/ material/ system, the Contractor shall submit to the
Engineer-in-charge the catalogues, along with samples from approved list of
43 | P a g e
Vol.-3-
SCC
Contractor has in writing called the Engineer-in-charge attention to each such variation at
the time of submission as specified above and received written approval of each such
variation by specific written notation thereof incorporated in or accompanying the
Sample approval; nor will any approval by Engineer- in-charge relieve Contractor from
responsibility for complying with the requirements of contract.
d. Only when the samples are approved in writing by the Engineer-in- charge, the contractor
shall proceed with the procurement and installation of the particular material / equipment.
The approved samples shall be signed by the Engineer-in-charge for identification and
shall be kept on record at site office until the completion and acceptance of the work and
shall be available at the site for inspection / comparison at any time. Samples approved
shall be kept in the sample room till the complete ion of the work. The contractor shall
keep with him a duplicate of such samples to enable him to process the matter.
e. For items of works where the samples are to be made at the site, the same procedure shall
be followed. All such samples shall be prepared at a place where it can be left
undisturbed until the completion of the project.
f. The Engineer-in-charge shall communicate his comments / approval to the Contractor to
the samples at his earliest convenience. Any delay that might occur in approving of the
samples for reasons of its not meeting with the specifications or other discrepancies,
inadequacy in furnishing samples of appropriate quality from various manufacturers and
such other aspects causing delay on the approval of the materials / equipment’s etcetera,
shall be ascribable to the account of the contractor. In this respect the decision of the
Engineer-in-charge shall be the final.
vii. On delivery of the supplies of materials / equipment’s for permanent works at the site, the
contractor shall specifically arrange to get the supply inspected by the Engineer-in-charge
and compared with the approved sample and his specific approval obtained before using
the same in the work.
viii.Cost of Tests
The cost of making any test shall be borne by the Contractor as intended by or provided
for the Contract or as found necessary by the Engineer-in- charge for ascertaining whether
the quality of materials intended to be used by the Contractor in the Works is acceptable,
whether any finished or partially finished work is appropriate for the purposes for which it
was intended to fulfill.
ix. Testing facilities
The Contractor shall, at his own cost, provide testing facilities as per CPWD
specifications and IS Codes at site as stipulated in the General Conditions of Contract
(GCC) or as directed by the Engineer-in-charge including staff required for testing. The
tests shall be carried out jointly in the presence of Engineer-in-charge or his
representative and the contractor or his representative.
The contractor shall also provide suitable weighing and measuring arrangement and
testing instruments and machines for testing of materials and cubes at site as per details
given in GCC.
The contractor shall carryout all the mandatory tests and shall maintain records of testing
& checks of material, in formats, checklists etcetera to be given by Engineer-in-charge.
All such records shall be maintained jointly by the contractor and Engineer-in-charge
these shall remain under the custody of the Engineer-in-charge.
The laboratory shall be connected to the main potable water, electricity and other Services.
Some of the mandatory tests for each item of work and /or materials shall be carried out in
approved outside laboratory as directed by the Engineer- in-charge. The Contractor shall
bear the entire cost of testing charges for samples of items of work and /or materials and
also the other expenditure towards making samples, packaging, and transport etcetera
45 | P a g e
Vol.-3-
SCC
The materials brought at site of work shall not be used in the work before getting
satisfactory test result as per relevant mandatory tests, detailed in the relevant CPWD
specifications and BIS codes.
8.4. Manufacturer's Instructions
Where manufacturers have furnished specific instructions relating to the materials and
equipment used, covering points not specifically mentioned in these documents,
manufacturer’s instructions shall be followed with the approval of Engineer-in-charge.
8.5. Inspection & Testing during manufacturing of Equipment
The Engineer-in-charge shall be entitled to inspect, examine and test during
manufacturing of the materials and workmanship and check the progress of
manufacturing of all fabrication materials to be supplied under the contract on the
contractor’s premises during working hours, and if part of the said materials is being
manufactured on other premises, the contractor shall obtain Engineer- in-charge
permission to inspect the same at such premises. This inspection, examination or testing
shall not relieve the contractor from any obligation under the contract. Inspection Call for
any equipment shall be given 15 days in advance from the actual date of Inspection.
Following Equipment shall be invariably offered for Inspection:-
1) HT & LT Panels
2) Bus Ducts & Rising Mains
In case of other equipment, the Contractor shall intimate Engineer-in-charge regarding
their readiness so as to decide their inspection if any.
The Engineer-in-charge reserves the right to request inspection and testing at
manufacturer's Works at all reasonable times during manufacture of items for this
Contract.
The Engineer-in-charge (PMC) or his authorized representative & Employer shall have
full power to inspect the materials and workmanship at the Contractor’s Works or at any
place from which the materials or equipment is obtained. Approval by the Engineer-in-
charge of any material or equipment shall in no way relieve the Contractor of his
responsibility for meeting the requirements of the specifications. The cost incurred
towards boarding, lodging etcetera (inland/abroad) of inspection engineer/engineers
deputed by Employer shall be fully borne by the contractor & all such costs shall be
deemed to be included in the Bid. Nothing extra shall be paid on this account whatsoever.
The inspection and testing shall cover, but not limited to, the following:-
i. Routine and typical tests for the various items of equipment shall be performed at the
Manufacturer’s/ Contractor's Workshop in the presence of Engineer-in-charge or his
authorized representative, results recorded and test certificates issued.
ii. After installation has been virtually completed, the Contractor shall carry out under the
direction and in the presence of the representative of the Engineer-in-charge such tests
and inspections as have been specified, or as considered necessary to determine whether
or not the requirements of the item, drawings and specifications have been fulfilled. In
case the work does not meet the full intent of the drawings and specifications and
further tests after making require changes and as considered necessary shall be done
again, the Contractor shall carry them out and bear the expenses thereof. If tests fail to
demonstrate the satisfactory nature of the installation or any part thereof, then no claims
for the extra cost of modifications, replacement or retesting will be considered. The
decision of the Engineer–in-charge shall be regarded as final as to what constitutes a
satisfactory test.
46 | P a g e
Vol.-3-
SCC
iii. The Contractor shall provide all necessary instruments such as Theodolite, Dumpy level,
steel tapes, weighing machine, plumb bobs, spirit levels, hammers, micro-meters,
thermometers, hydraulic cube testing machine, smoke test machine and labour, etcetera
for conducting tests. All such equipment’s shall be tested for calibration by an approved
laboratory. The Contractor shall make adequate records of the test procedures, readings
and results to be maintained by the Engineer-in- charge who shall issue test certificates
signed by the person authorized by him.
iv. The contractor shall arrange all necessary instruments, tools, tackles and testing facilities
free of cost for such inspections. Contractor shall arrange for inspection visit(s) and bear
all inspection costs including Inland/ abroad travel (Air/Rail/Road), lodging and boarding
expenses etcetera free of cost for the Inspection Engineer(s) deputed by Employer.
v. The above general requirements as to testing shall be read in conjunction with any
particular requirements specified elsewhere
vi. Dates for Inspection &Testing
The dates of Inspection & Testing, after receipt of written request by the Contractor, shall
be mutually agreed by the Engineer-in-charge and the contractor.
vii. Facilities for Testing at Manufacturer’s Works
Where the contract provides for tests on the premises of the contractor or of any sub-
contractor the contractor shall provide such assistance, labour, materials, electricity, fuel,
stores, apparatus and instruments as may be required and as may be reasonably demanded
to carry out such tests.
viii. Rejection
If as a result of such inspection, examination or test of the works (other than a Test on
Completion the Engineer-in-charge shall decide that such material is defective or not in
accordance with the contract he shall notify the contractor accordingly stating in writing
his observations and reasons thereof. The contractors shall with due diligence make good
the defect and ensure that the material complies with the Contract. Thereafter, if required
by the Engineer-in-charge, the tests shall be repeated under the same terms and conditions
till satisfactory results are made available.
ix. Delivery of Materials and Equipment
The contractor shall be responsible for all materials and equipment brought at site for the
purposes of the contract. Unless the Engineer-in- charge directs, no material shall be
brought to the site which is not required for execution of the work.
x. Inspection & Testing and Re-inspection
All deficiencies revealed by testing and inspection shall be rectified by the contractor at
his own expense and to the satisfaction and approval of the Engineer-in-charge. Rectified
components shall be subject to re-testing till desired results are obtained.
xi. Delayed Tests
If the Engineer-in-charge opines that Tests on Completion are being delayed by the
Contractor, the Engineer may by notice require the Contractor to carry out such Tests
within14 (fourteen) days after the receipt of the notice. The Contractor shall carry out
such Tests on such day or days as the Contractor may fix and of which he shall give
notice to the Engineer.
If the Contractor fails to carry out the Tests on Completion within14 (fourteen) days, the
Engineer may proceed with such Tests at the risk and cost of the Contractor. The Tests on
Completion then shall be deemed to have been carried out in the presence of the
47 | P a g e
Vol.-3-
SCC
ii. On failure to achieve a milestone, retaining of this amount from payments due to the
contractor shall be automatic without any notice to the contractor. However, if the
contractor catches up with the progress of work on the subsequent milestone(s), the entire
retained amount shall be released. In case the contractor fails to make up for the delay in
subsequent milestone(s), amount mentioned against each milestone missed subsequently
also shall be retained. However, no interest, whatsoever, shall be payable on such amount
retained by the UPPWD.
9.5. Operation & Maintenance of Buildings handed over/taken over prior to the stipulated
date of completion for the complete project.
i. The “Construction of ....................................................................................................................,
Uttar Pradesh, INDIA involves Design, Engineering, Procurement and Construction (EPC)
basis as per the Scope of work. The buildings and other services are required to be
handed over in phases as per the milestones detailed in schedule “F” of the General
Conditions of the Contract.
ii. In respect of the buildings handed over/taken over in phases, prior to the stipulated
date of completion of the entire project, the contractor shall
carryouttheoperationandmaintenanceofsuchbuildingsandservicesfromthe completion
of respective phases till the completion of the defect liability period of entire project.
10. Completion of Work
10.1. Physical and Virtual Completion of Work
When the phase of the work as per milestone/whole of the Work is physically and
virtually complete and has satisfactorily passed required tests that may be prescribed
under the Contract:-
a) The contractor shall give a written notice to this effect within 10 days of completion
along with an undertaking to rectify any defects that may be found during inspection. The
Engineer - in- Charge shall jointly inspect the work with the contractor within 15 days of
receipt of such notice.
b) The Engineer-in-charge shall inspect the works completed to see if they are in such a
condition so as to be put to its proper or other intended final use and / or occupied
without any short comings and no major or minor items of works are remaining which in
the opinion of the Engineer-in-charge will cause undue difficulties in satisfactory use/
occupation of the works.
10.2. Provisional Acceptance and Certificate of completion
The whole of the work shall be deemed to have been physically completed and provisionally
accepted after fulfillment of all the following by the Contractor.
a) Physical completion of all works and obtaining all required approvals from the statutory
authorities as required for occupation and use of the works and handing over such
certificates to the Engineer-in-charge
b) Submitting As-Built Drawings, Catalogues, Brochures, and Data Sheets, manuals in the
form as directed by Engineer in Charge
c) Issue of Certificate of Physical Completion by the Engineer-in-Incharge.
49 | P a g e
Vol.-3-
SCC
satisfactorily completed.
The work shall be treated as complete when all the phases and components of the work
are complete. The Certificate for Final Completion of the Composite work shall be
recorded by the Engineer-in-charge after obtaining / recording of completion certificate
of all the components.
Provided always that the issue of the Certificate of Final Completion shall be a condition
precedent to payment or return to the Contractor the security deposit and / or
Performance security in accordance with the conditions set out in the contract.
10.4. Certificate of Overall Completion
The Engineer-in-charge shall give the Certificate for Overall Completion as per the
following, whichever is later:
Twenty-eight days after the expiration of the Defects Liability Period
OR
If different Defect Liability Periods shall become applicable to different sections or parts
of the Works, the expiration of the last such period
OR
As soon as thereafter any works ordered during such period and have been completed to
the satisfaction of the UPPWD.
10.5. The contractor shall give performance test of the entire work as per
standards specifications before the work is finally accepted and nothing extra whatsoever
shall be payable to the contractor for the tests.
50 | P a g e
Vol.-3-
SCC
f. The Contractor shall submit catalogues, brochures, operation manual, manufacturer test
certificate, Guarantee/ Warranty papers, license etcetera for all equipment /materials
before handing over & taking over process.
12. Guarantees
Notwithstanding provisions in the General Condition of the Contract and elsewhere in
these Specific Conditions of Contract, the contractor shall furnish the guarantees in the
prescribed form appended herewith. These guarantees shall be provided at the stage of
virtual completion of work and shall be effective from the completion of work, to be
reckoned from the date after the expiry of the maintenance period prescribed in the
contract. In case a specialized agency has been approved for execution of a work/system,
the Contractor shall ensure that the Guarantees shall be though such agencies
(Obligators/Guarantor). The guarantees shall be provided in respect of following works
(as per formats appended to this document) and any additional works, as provided for in
the contract.
i. For removal of defects after completion in respect of Water Supply and Sanitary
Installations.
ii. For Water Proofing Treatment for Basements
iii. For Water Proofing Treatment for Roof
iv. For Water Proofing Treatment (Under floors)
v. For Anti-Termite Works
vi. For Aluminum Works
vii. For Structural Glazing / Curtain Wall System/works
viii. For Mechanical/ Seismic Expansion Joint/Works
ix. For any other work, as prescribed in the tender document
51 | P a g e
Vol.-3-
SCC
Any defects, shrinkage, settlement or other faults which may appear or be noticed within
the defect liability period, and arising in the opinion of the Engineer-in- charge from
materials or workmanship not having in accordance with the contract, shall upon the
direction in writing of the Engineer-in-charge’s representative and within such reasonable
time as shall be specified therein and without any delay, be amended and made good or
replaced by the contractor at his own cost.
53 | P a g e
Vol.-3-
SCC
by the contractor to these statutory authorities only for obtaining the required statutory
approvals shall be reimbursed by Employer on submission of valid payment receipts from
these statutory authorities.
The contractor is required to submit the relevant drawings/filled application forms as per
prescribed format & any other details like completion Drawings and any other statutory
documentary requirements of local bodies in copies as per requirement to obtain the
above etcetera at their own cost.
26 INSURANCE
26.1 Without limiting the Contractor’s obligations and responsibilities stated elsewhere
in the Contract, the Contractor shall at his own cost arrange, secure and maintain insurance
in the name of the UPPWD and the contractor with an insurance company selected by the
contractor and acceptable to the Employer, in such a manner that the Employer and the
55 | P a g e
Vol.-3-
SCC
contractor are covered for all time during the period of contract i.e. the time period allowed
for completion of work, extended period and the defect liability period. The insurance shall
be effected in accordance with terms approved by the Employer and the contractor shall
submit the insurance policies to the Engineer-In- Charge within one week of signing of the
agreement along with the receipt of premium. The contractor shall timely pay and submit
the receipts of payment of premiums for extensions of policies, if any. The insurance shall
cover the following: -
26.1.1 Contractor’s All Risks Insurance
The contractor shall insure the work for a sum equivalent to the Contract value together
with materials and Plant for incorporation therein, to the full replacement cost and it being
understood that such insurance shall provide for compensation to be payable to rectify the
loss or damage incurred, and, an additional sum of 15 (%) per-cent of such replacement
cost to cover any additional costs of and incidental to the rectification of loss or damage
including professional fees and the cost of demolishing and removing any part of the Works
and of removing debris of whatsoever nature, and it being understood that such insurance
shall provide for compensation to be payable to rectify the loss or damage incurred or such
additional sums as specified and the interests of the Employer against ALL RISKS claims,
proceedings, loss or damages, costs, charges and expenses from whatsoever cause arising
out of or in consequence of the execution and maintenance of the work for which the
contractor is responsible under the contract.
26.1.2 Workman Compensation & Employers Liability Insurance.
This insurance shall be effected for all the contractor’s employees engaged in the
performance of the contract. The Employer shall not be liable in respect of any damages or
compensation payable at law in respect of or in consequence of any accident or injury to
any workman or any other person in the employment of the contractor and the contractor
shall indemnify and keep indemnified the Employer against all such damages and
compensation and against all claims, demands, proceedings, costs, charges and expenses,
whatsoever in respect or in relation thereof.
26.1.3 Third Party Insurance.
The contractor shall be responsible for making good to the satisfaction of the Engineer-in-
Charge any loss or any damage to all structures and properties belonging to the Employer or
being executed or procured or being procured by the Employer or of the other agencies
within the premises of all work of the Employer if such loss or damage is due to fault and or
the negligence or willful acts or omissions and commissions of the contractor, his
employees, agents, representatives.
The contractor shall take sufficient care in moving his plants, equipment and materials from
one place to another so that they do not cause any damage to any person or to the property
of the Employer or any third party including overhead and underground cables and in the
event of any damage resulting to the property of the UPPWD or to a third party during the
movement of the aforesaid plant, equipment or materials, the cost of such damages
including eventual loss of production, operation or services in any plant or establishment as
estimated by the Employer or ascertained or demanded by the third party, shall be borne by
the contractor.
Before commencing the execution of the work, the contractor, shall insure and indemnify
and keep the Employer harmless of all claims, against the contractor’s liability for any
materials or physical damage, loss or injury which may occur to any property, including
that of the Employer or to any person including any employee of Employer, or arising out of
the execution of the work or in the carrying out of the contract, otherwise than due to the
matters referred to in the provision to (a) above. Such insurance shall be effected for an
amount sufficient to cover such risks. The terms shall include a provision whereby, in the
event of any claim in respect of which the contractor, would be entitled to receive
indemnify under the policy being brought or made against the Employer, the insurer
willfully indemnify Employer against such claims and any costs, charges and expenses in
56 | P a g e
Vol.-3-
SCC
respect thereof.
26.1.4 The Contractor shall also at times indemnify the UPPWD against all claims,
damages or compensation under the provisions of Payment or Wages Act, 1936, Minimum
Wages Act, 1948, Employer’s Liability Act, 1938, the Workman’s Compensation Act,
1947, Industrial Disputes Act, 1947 and Maternity Benefit Act, 1961, or any modification
thereof or any other law relating thereof and rules made there under from time to time.
26.1.5 The Contractor shall also at his own cost carry and maintain any and all other
insurance(s) which he may be required for the Contractor's Equipment and other things
brought onto the Site by the Contractor, for a sum sufficient to provide for their
replacement at the Site
26.1.6 The Contractor shall also at his own cost carry and maintain any and all other
insurance(s) which he may be required to take out under any law or regulation from time to
time. He shall also carry and maintain any other insurance, which may be required by the
Engineer-in-Charge.
26.1.7 Cross liabilities: -The insurance policy shall include a cross liability clause such that
the insurance shall apply to the contractor and to the UPPWD as separate insured.
26.1.8 The Contractor shall prove to the Engineer-in-charge from time to time he
has taken out all the insurance policies referred to above and has paid the necessary
premiums for keeping the policies alive till expiry of the Defects Liability Period.
57 | P a g e
Vol.-3-
SCC
58 | P a g e
Vol.-3-
SCC
Specific Conditions shall take precedence over the said Regulation and
Standards. All Internal & External Electrical works, LV works, HVAC,
Fire Fighting, Fire detection & alarm system etcetera to be done as per
specifications &relevant BIS codes and other applicable codes as relevant.
3. Conformity with Statutory Acts, Rules and Standards
i. All installations shall be in conformity with the Bye-laws, Regulations and
Standards of the local authorities as applicable. But if the specifications and
drawings call for a higher standard of material and/or workmanship than
those required by any of the above Regulations and Standards, then the
specifications and drawings provided in the contract shall take precedence
over the said regulations and standards as per the directions of the Engineer-
in-charge.
ii. However, if the drawings or specifications required something which violates
the Bye-laws and Regulations, then the Bye-laws and Regulations shall
govern the requirement of this installation as per the directions of the
Engineer- in- charge.
iii. Indian Electricity Act and Rules: All electrical works in connection with
installations of the system shall be carried out in accordance with the
provision of the Indian Electricity Act, 1910 and the Indian Electricity Rules
1956, both amended up to date.
iv. CPWD Specifications: as at Schedule “F” of GCC.
v. Indian Standards: The system / components shall conform to relevant BIS
wherever they exist and to the National Building Code-2016 and ECBC with
latest amendments /addendums.
vi. Nothing in these specifications shall be construed to relieve the Contractor of
his responsibility for the design, manufacture and installation of the
equipment with all its accessories in accordance with applicable Statutory
Regulations and safety codes inforce.
4. Completeness of Bid
All sundry fittings, assemblies, accessories, hardware items, foundation bolts,
termination lugs for electrical connections as required, and all other sundry
items which are useful and necessary for proper assembly and efficient
working of the various components of the work shall be deemed to have been
included in the quoted prices, whether such items are specifically mentioned
in the Bid documents or not.
5. Works to be done by the Contractor:-
Unless and otherwise mentioned in the Bid documents, the following works
shall be done by the Contractor, and their cost shall be deemed to be
included in the contract price:
i. Foundations for equipment and components where required, including
foundation bolts
ii. Cutting and making good all damages caused during installation and restoring
the same to their original finish
iii. Sealing of all floor openings including shafts and niches etcetera provided for
pipes, ducts, cables, bus bars etcetera from fire safety point of view, after
laying of the same.
iv. Painting at site of all exposed metal surfaces of the installation other than pre-
60 | P a g e
Vol.-3-
SCC
painted items like fittings, fans, switchgear/ distribution gear items, cubicle
switch board etcetera damages during erection, shall however be rectified by
the contractor.
v. Testing and commissioning of complete installation.
6. Cutting of structural members
No structural member shall be chased or cut without the written permission
of the Engineer-in-Charge.
7. Drawings
The tender drawings have been appended to the tender document for guidance
of the contractor. The contractor shall plan and design all services and prepare
shop drawings. The shop drawings shall cover, but not limited to, the extent
and general arrangements of the fixtures, controlling switches, wiring system,
distribution boards, panels, sub-panels etcetera The Contractor shall submit
requisite number of working electrical drawings based on tender drawings
including reflected ceiling plan for the Engineer-in-charge’s approval.
Contractor has to make necessary changes if any as per comments given by
Engineer-in-charge before execution. The work shall be executed as indicated
in the approved drawings, however any minor changes found essential to co-
ordinate the installation of this work with the other trades shall be made in
consultation with the Engineer-in-charge.
Any discrepancies noticed shall be reported to the Engineer-in-charge for
clarification. In case of failure to do so Contractor shall not be entitled to any
cost for omissions or defects in electrical drawings due to any conflict with
other services work.
Any information/data shown/not shown in these drawings shall not relieve the
contractor of his responsibility to carry out the work as per the specifications.
Additional information required by the Bidder/tenderer for successfully
completing the work shall be obtained by him.
8. Position of HT/LT Switch Boards
The recommended position of the switch boards, transformer as shown on the
layout drawings will be adhered to as far as practicable.
The contractor shall procure such equipment/ materials as per list of the
approved makes with prior approval of Engineer-In-Charge. For all non-
specified items, approval of the Engineer-In-Charge shall be obtained prior to
procurement of the same. Engineer-In-Charge/UPPWD shall in no way be
liable for rejection of the any material due to poor quality, poor workmanship,
poor material etcetera
9. Shop Drawings
Prior to the laying of the conduits and trunking, the Contractor shall submit
the shop drawings for the approval of the Engineer-in-charge. The
observations, if any, of Engineer-In charge shall be incorporated and
drawings shall be re-submitted for the approval of the Engineer-in-charge.
The Contractor shall prepare and submit to the Engineer-in-charge for his
approval detail shop drawings, General Arrangement Drawings, SLD, power/
control wiring drawing for Main & Sub Panels / Distribution Boards, special
pull boxes, light & fan switchboards, telephone distribution boards, FDA
system and lightning protection system and other equipment to be procured/
61 | P a g e
Vol.-3-
SCC
(Air/Rail/Road), lodging and boarding expenses etcetera free of cost for the
Inspection Engineer(s) deputed by Engineer-in-charge.
f. For tests whether at the premises or at the works of the Contractor or of any
Sub-Contractor, the Contractor except where otherwise specified shall
provide
Free of charge such items as labour, materials, electricity, fuel, water, stores,
apparatus and instruments as may be required by Engineer-in-charge or this
authorized representative to carry out effectively such tests of the equipment
in accordance with the Specification.
g. The inspection by Engineer-in-charge/ PMC/Authority Engineer and issue of
Inspection Certificate thereon shall in no way limit the liabilities and
responsibilities of the Contractor in respect of the agreed quality assurance
programme forming a part of the Contract.
h. The UPPWD will have the right of having at his own expenses any other
tests(s) of reasonable nature carried out at Contractor’s premises or at site or
in any other place in addition of aforesaid type and routine tests to satisfy that
the material comply with the specifications.
i. The Employer reserves the right for getting any field tests not specified in
respective sections of the technical specification conducted on the completely
assembled equipment at site. The testing equipment for these tests shall be
provided by the Contractor.
j. Employer reserves the right to waive off inspection of any equipment, items
etcetera at its sole discretion.
k. Notwithstanding approval of tests or equipment by the by Engineer-in-charge,
the Contractor shall be required to perform site tests and prove the correctness
of ratings and performance of equipment / machinery and materials supplied
and installed by the Contractor as per the Contract specifications and
conditions. The Engineer-in-charge shall also have the power to order the
material or work to be tested by an independent agency at the Contractor's
expense in order to prove soundness &adequacy.
12. Testing and Commissioning
The Contractor shall pay for and arrange without any cost to the Engineer-in-
charge, all necessary balancing and testing equipment, instruments, materials,
accessories, power, water, fuel and the requisite labour for testing. Any
defects in materials and/ or in workmanship detected in the course of testing
shall be rectified by the Contractor entirely at his own cost, to the satisfaction
of the Engineer-in- charge. The installation shall be retested after rectification
of defects and shall be commissioned only after approval by the Engineer-in-
charge. All tests shall be carried out in the presence of the Engineer-in-charge
or his representative.
13. PACKAGING
All the equipment shall be suitably protected, coated, covered or boxed and
crated to prevent damage or deterioration during transit, handling and storage
at Site till the time of erection. While packing all the materials, the limitation
from the point of view of availability of Railway wagon/truck/trailer sizes in
India should be taken account of the Contractor shall be responsible for any
loss or damage during transportation, handling and storage due to improper
packing. Any demurrage, wharf age and other such charges claimed by the
64 | P a g e
Vol.-3-
SCC
14. TESTS
i. Charging
On completion of erection of the equipment and before charging, each item
of the equipment shall be thoroughly cleaned and then inspected jointly by
the Engineer-in-charge, UPPWD and the Contractor for correctness and
completeness of installation and acceptability for charging, leading to initial
pre-commissioning tests at Site. The pre-commissioning tests to be
performed as per relevant I.S. given and shall be included in the Contractor’s
quality assurance programme.
ii. Commissioning Tests
The available instrumentation and control equipment will be used during such
tests and the Contractor will calibrate all such measuring equipment and
devices as far as practicable. However, unmeasurable parameters shall be
taken into account in a reasonable manner by the Contractor for the
requirement of these tests. The tests will be conducted at the specified load
points and as near the specified cycle condition as practicable. The Contractor
will apply proper corrections in calculation, to take into account conditions,
which do not correspond to the specified conditions.
All instruments, tools and tackles required for the successful completion of
the Commissioning Tests shall be provided by the Contractor, free of cost.
Pre-commissioning test shall be carried out as per relevant IS and/or as
specified.
The Contractor shall be responsible for obtaining statutory clearances from
the concerned authorities for commissioning of the equipment. Performance
Guarantee Certificates for Equipment
All equipment shall be guaranteed against unsatisfactory performance and/or
break down for a minimum period of 12 (Twelve) months or as per Technical
Specifications or as per OEM, whichever is higher, from the date of handing
over of complete work to the Administrative Department. The equipment or
component or any other part of installations of found defective with in the
guarantee period shall be replaced/ repaired by the Contractor free of cost to
the satisfaction of the Engineer-in-Charge. The above guarantee and/ or
warrantee provided by the manufacturer will be submitted along with all the
test certificates from manufacturer to Engineer-in- Charge.
15. Completion Drawings (As Built Drawings)
On completion of the work and before issue of certificate of virtual
completion, the Contractor shall at his own cost submit to the Engineer-in-
charge requisite Sets of layout drawings drawn at the approved scale
indicating the actual installations. These drawings shall clearly indicate the
complete plant layouts, and piping layouts, location wiring, exact location of
all the concealed piping, valves, controls, wiring and other services. The
Contractor shall also submit requisite sets of consolidated control diagrams,
technical literature on all automatic controls and complete technical literature
on all equipment and materials. The Contractor shall mount a set of all
65 | P a g e
Vol.-3-
SCC
66 | P a g e
Vol.-3-
SCC
a. Telephone Exchange
b. All other Equipment like pumps, panels etcetera
c. Adjustment of setting for controls and protective devices
d. Preventive maintenance
e. Operation of all electrical panels including their interconnectivity and inter
locking scheme
f. All LV Works
g. Pumping System
h. Any other specialized system as executed under this contract
20. Safe Custody and Storage
Safe custody of all machinery and equipment dismantled, shifted & supplied
by the Contractor shall be his own responsibility till the final taking over by
the Administrative Department. The Contractor should, therefore, employ
sufficient staff for watch and ward at his own expenses. UPPWD may,
however, allow the Contractor to use the building space for temporary storage
of such equipment, if such space is available.
21. Handling, Storing and Installation
In accordance with the specific installation instructions as shown on
manufacturer’s drawings or as directed by the Engineer-in-Charge or his
representative, the Contractor shall unload, store, erect, install, wire, test and
place into commercial use all the equipment included in the contract.
Equipment shall be installed in a neat, workmanlike manner so that it is level,
plumb, square and properly aligned and oriented.
Contractor shall follow the unloading and transporting procedure at site, as
well as storing, testing and commissioning of the various equipment being
67 | P a g e
Vol.-3-
SCC
68 | P a g e
Vol.-3-
SCC
70 | P a g e
Vol.-3-
SCC
9. Sub-contracting
The Contractor may sub-contract part of the works with the written approval
of the Engineer-in-charge. Sub-contractors as approved by the Engineer - in-
Charge shall be appointed for carrying out the entire work of supplying,
installation, testing and commissioning of all the equipment covered under
this package. However, the overall responsibility for compliance of the
Contract lies with the Contractor. The agency/ sub-contractor so chosen shall
be got approved from the Engineer-in- charge.
10. Technical Submittals
The Contractor shall submit Technical Submittals for all materials, equipment
and machinery for approval in writing of the Engineer-in-charge before
placing orders. The material submittals shall comprise of at least the
following:
i. Manufacturer's technical catalogues and brochures, pump curves,
Certifications etcetera giving technical data about performance and other
parameters.
ii. Manufacturers drawings / sketches showing construction, dimensional and
installation details.
iii. Rating charts and performance curves clarifying rating of equipment
proposed.
11. Samples and Prototypes
The Contractor shall submit samples of items such as grilles/ diffusers,
controls and/ or any other parts or equipment as required by the Engineer-in-
charge for prior approval in writing before placing the order. The Contractor
shall also construct prototype or samples of work as laid down in the Contract
or as instructed by the Engineer-in-charge.
12. Testing and Commissioning
12.1. Tests on equipment as called for in the specifications shall be carried out by
the Contractor in accordance with the specifications, the relevant Bureau of
Indian Standard Codes (BIS) and International Standards.
12.2. The initial tests shall include but not be limited to the following:
i. To operate and check the proper functioning of all electrically operated
components viz., compressor motor, pumps, blowers, air handling units,
rotating machine, fans, boilers, etcetera
ii. To operate and check the proper functioning of all electrical panels, switch
gears, safety and other controls
iii. To adjust and balance air, water, steam and gas quantities to provide the
designed flow rates by adjusting valves, dampers, diverters etcetera
iv. To check the systems against leaks in different circuits, alignment of motor,
`V' Belt adjustments etcetera
v. To check the vibration and noise levels of the equipment
vi. Setting of all control and all such other tests which are essential for smooth
functioning of the plant.
12.3. The Contractor shall pay for and arrange without any cost, all necessary
71 | P a g e
Vol.-3-
SCC
72 | P a g e
Vol.-3-
SCC
73 | P a g e
Vol.-3-
SCC
replacement.
22. Operation and Running of entire system
The contractor shall pay for and arrange for operation & running of entire
HVAC system for a minimum period of one month after satisfactory
completion of installation including testing & commissioning of work as
desired by Engineer-in- charge. Cost of operation & running of entire system
including required material e.g. consumables, water, electricity, refrigerant,
tools & tackles, requisite manpower etcetera shall be deemed to be included
in the contract price and nothing extra shall be paid on this account.
74 | P a g e
Vol.-3-
SCC
and receipt of required Green Building Rating for the Project which amongst
other requirements as per GRIHA shall include collection, compilation &
preparation of filled-in templates/documents, under intimation & in co-
ordination with Employer, submission of complete compliance documents as
required by GRIHA Council in order to get the minimum GRIHA- 3 Star Rating for
the Project. This shall also include all required coordination with GRIHA Council
etcetera and other relevant statutory bodies inclusive of responding to queries from
these offices.
h. Contractor shall ensure & follow necessary Guidelines, Procedures and
formats for records to be maintained (at various stages of the Project) as per
requirements of GRIHA Council.
i. Contractor should apprise Engineer-in-Charge of the status with regard to
implementation of provisions of GRIHA periodically as per the requirements.
j. The Contractor shall arrange to get the Energy Audit completed & report
prepared through BEE Certified Energy Auditor as per GRIHA norms for
obtaining Final GRIHA Certification from GRIHA Council & nothing extra
is payable on this account.
k. The Contractor shall co-ordinate with GRIHA Council & all other relevant
statutory authorities as per requirements and nothing extra is payable on this
account. However, the required statutory fee payable to the GRIHA Council
/statutory authorities, if any, will be borne by UPPWD. The Contractor shall incur
such expenditure after prior approval of Employer who shall pay/ reimburse the
same to Contractor on submission of payment receipts and documents towards this
expenditure. However, Contractor shall be responsible for all the required
coordination and laisoning work.
l. The contractor shall be responsible for carrying out Orientation Workshop,
Due Diligence Site Visits etcetera & all expenditures on this account shall be
borne by the Contractor.
m. Any suggestion/remedy indicated by GRIHA Council shall be the
responsibility of the contractor, without any extra cost.
4. The Contractor shall also adhere to the following during construction:
4.1. Soil excavation, soil erosion and sedimentation control etcetera:- Proper site
management strategies shall be followed on the site to ensure proper material
staging, soil spill prevention, soil erosion and sedimentation control. The
following strategies are listed below:
a) Temporary sedimentation basins shall be made on the lowest possible
elevation on site during construction to manage all the storm water generated
during rains at the site. Photographs of the sedimentation tank shall be
submitted to the Engineer-in-charge.
b) Spill prevention and control: Spill prevention and control plans to ensure so
as to stop the source of the spill and dispose the contaminated material and
hazardous wastes. Hazardous wastes include pesticides, paints, cleaners, and
petroleum products.
c) Proper construction material staging shall be executed on the site.
d) Trenches shall be laid along the periphery of the site to carry the storm water
from the various locations on the site to the sedimentation basins.
e) During the earth excavation, top soil of 0.20m shall be stacked separately on
or near by the site at a maximum height of 0.40m.
76 | P a g e
Vol.-3-
SCC
f) Vegetation / mulching of the areas shall be done where the excavated top soil
is stacked.
g) The soil excavation, particularly during rainy season, shall be done in such a
way to minimize site disturbance such as soil pollution due to spillage of
construction material and mixing with rainwater.
h) The existing vegetation shall be protected by preventing disturbance or
damage to specified areas during construction. This will minimize the amount
of bare soil exposed to erosive forces. All existing vegetation shall be
barricaded on site and marked on a site survey plan.
i) Stacked top soil shall be mulched and protected by barricading as stated
above and re-laid over pre-designated landscape areas post construction.
j) The contractor shall not store /dump construction material or debris on
metalled road.
k) The contractor shall get prior approval from Engineer-in-Charge for the area
where the construction material or debris can be stored beyond the metalled
road. This area shall not cause any obstruction to the free flow of
traffic/inconvenience to the pedestrians. It should be ensured by the
contractor that no accidents occur on account of such permissible.
4.2. Proper site management strategies shall be followed on the site to ensure
labour safety and sanitation. Some of these are listed below:
a) Display warning and safety signs all across the site. Also ensure that safety
nets and harnesses are provided for construction workers working on higher
floors. The walking boards and formwork shall also be stable. Workers shall
be provided with safety equipment like safety helmets, jackets, boots and
gloves.
b) Provide fire extinguishers and barrels of water with bucket tans on the site
and sufficient light for workers to work safely at night.
c) The Contractor shall provide adequate level of sanitation and safety facilities
for construction workers.
d) Provide accommodation and amenities for all staff and labours, employed for
the purpose of, or in connection with the contract including fencing, water
(both for drinking and other uses), electricity, furniture and other such
requirements. In case the contractor makes his own arrangement, all such
facilities shall be provided in such accommodation. On completion of the
contract, such accommodation shall be removed and the site shall be cleared.
e) The contractor shall employ an officer on the site concerned solely with the
safety and protection of all staff and labour against accidents. The officer
shall be qualified and shall have authority to issue instructions and take
protective measures to prevent accidents or the contractor may setup a
working arrangement with a local practitioner to handle injury in an
emergency situation.
f) Contractor shall provide PPE (Personal Protective Equipment) like safety
shoes, safety belt/harness, Helmets to all workers at site.
g) The contractor shall provide mask to every worker working on the
construction site and involved loading, unloading and carriage of construction
material and construction debris to prevent inhalation of dust particles. The
contractor shall provide all medical help, investigation and treatment to the
77 | P a g e
Vol.-3-
SCC
78 | P a g e
Vol.-3-
SCC
79 | P a g e
Vol.-3-
SCC
80 | P a g e
Vol.-3-
SCC
ii. Locate pollutant sources as far away as possible from supply ducts and areas
occupied by workers when feasible. Supply and exhaust systems may have to
be shut down or isolated during such activity.
iii. During construction, isolate areas of work to prevent contamination of clean
or occupied areas. Pressure differentials may be utilized to prevent
contaminated air from entering clean areas.
iv. Depending on weather, ventilation using 100% outside air will be used to
exhaust contaminated air directly to the outside during use of VOC emitting
materials.
d. Housekeeping:
i. Provide regular cleaning concentrating on HVAC equipment and building
space to remove contaminants from the building prior to occupancy.
ii. All coils, air filters, fans & ducts shall remain clean during installation and, if
required, will be cleaned prior to performing the testing, adjusting and
balancing of the systems.
iii. Suppress and minimize dust with wetting agents or sweeping compounds.
Utilize efficient and effective dust collecting methods such as a damp cloth,
wet mop, or vacuum with particulate filters, or wet scrubber.
iv. Remove accumulations of water inside the building. Protect porous materials
such as insulation and ceiling tile from exposure to moisture.
v. Thoroughly clean all interior surfaces prior to replacing filters and running
HVAC system for system balancing, commissioning and building flush-out.
e. Scheduling and Construction Activity Sequence:
Schedule high pollution activities that utilize high VOC level products
(including paints, sealers, insulation, adhesives, caulking and cleaners) to take
place prior to installing highly absorbent materials (such as ceiling tiles,
gypsum wall board, fabric furnishings, carpet and insulation, for example)
8. Green Building (GRIHA) provisions for Electrical works and Materials
The Electrical works, in general, shall conform to latest ECBC Norms (i.e.
ECBC 2018). Moreover, the contractor shall be required to take the specific
measures during construction with respect to following:
i. All items shall be as per the Green Building provisions and shall adhere to
GRIHA Green Building rating system and other Green building standards.
This is irrespective of whether the same have been mentioned in the technical
specifications or the requirement.
ii. The vendor to conform during negotiation meetings and before quoting that
the MAKE of MATERIAL specified in the e-Tender conforms to Green
Building norms and requirements and in case of any queries would clarify
during the negotiation meeting. Since we are aiming for the GRIHA 3 Star
rating, it is mandated that all products have to be accordingly compliant and if
the contractor has not accounted for it in his cost, he WILL NOT be entitled
for any further compensation and will have to provide in the same cost.
iii. Minimum allowable luminous efficacy of all the lamps shall be as per latest
ECBC 2018 & NBC2016.
9. Photographs:
During various stages of construction, the photographs shall be taken by
81 | P a g e
Vol.-3-
SCC
82 | P a g e
Vol.-3-
SCC
FORMATS FOR GUARANTEES
(On a Non- Judicial Stamp Paper of Rs. 100/- (Rupees One hundred Only)
The agreement made this…………………. Day of …………. Two thousand and ………..
between………….. S/O……………. (hereinafter called the GUARANTOR of the one part) and
the (herein after called the UPPWD of the other part). WHEREAS THIS agreement is
supplementary to the contract. (Herein after called the Contract) dated and made between the
GUARANTOR OF THE ONE PART AND the UPPWD of the other part, whereby the contractor inter
alia, undertook to render the work in the said contract recited structurally stable workmanship and use of
sound materials.
AND WHEREAS THE GUARANTOR agreed to give a guarantee to the effect that the said work will
remain structurally stable and guarantee against faulty workmanship, finishing, manufacturing defects of
materials and leakages etcetera
NOW THE GUARANTOR hereby guarantee that work executed by him will remain structurally stable,
after the expiry of maintenance period prescribed in the contract for the minimum life of ten years, to be
reckoned from the date of completion of work, to be reckoned after the expiry of maintenance period
prescribed in the contract.
The decision of the Engineer- in- charge with regard to nature and cause of defects shall be final.
During the period of guarantee the guarantor shall make good all defects to the satisfaction of the
Engineer- in- charge calling upon him to rectify the defects, failing which the work shall be got done by
the UPPWD by some other contractor at the guarantor’s cost and risk. The decision of the Engineer –in-
charge as to the cost payable by the Guarantor shall be final and binding.
That if the guarantor fails to make goods all the defects, commits breach there-under then the guarantor
will indemnify the Principal and his successor against all loss, damage cost expense or otherwise which
may be incurred by him by reason of any default on the part of THE GUARANTOR in performance and
observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred
by the UPPWD the decision of the Engineer in charge will be final and binding on the parties.
IN WITNESS WEHREOF those presents have been executed by the obligator. And ...............by for and
on behalf of the UPPWD on the day, month and year first above written.
1.
2.
83 | P a g e
Vol.-3-
SCC
GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR FOR ANTI TERMITE TREATMENT.
(On a Non- Judicial Stamp Paper of Rs. 100/- (Rupees One hundred Only)
The agreement made this day of two thousand and between
S/o (hereinafter called the GUARANTOR of the onep art) and the-----------------------------------------
(hereinafter called the UPPWD of the other part).
WHEREAS this agreement is supplementary to a contract (Herein after called the Contract) dated
and made between the GUARANTOR OF THE ONE PART AND the UPPWD of the other part,
whereby the contractor inter alia, undertook to render the building and structures in the said contract recited
completely Anti Termite proof.
AND WHEREAS GUARANTOR hereby guarantee that the effect that the building and structures will remain
completely Anti Termite proof for TEN years, to be reckoned from the date after the expiry of maintenance period
prescribed in the contract.
NOW THE GUARANTOR hereby guarantees that Anti Termite treatment given by him under agreement Item No.
…………., will render the structure completely Anti Termite proof and the minimum life of such Anti Termite
treatment given by him will render the structures completely leak proof and the minimum life of such Anti Termite
treatment shall be TEN years, to be reckoned from the date of completion of work.
Provided that THE GUARANTOR shall be not responsible for leakage caused by earth quake or structural defects
or misuse of Building or alteration and for such purpose:
a. misuse of Building shall mean any operation which will Anti Termite treatment to the Building.
b. Alteration shall mean construction of any addition or construction adjoining to existing Building whereby
Anti Termite treatment is removed/damaged in parts;
c. The decision of the Engineer with regard to nature and cause of defects shall be final.
During this period of guarantee the guarantor shall make good all defects and in case of any defect being found to
render the Anti Termite proof treatment of the building to the satisfaction of the Engineer at his cost and shall
commence the work for rectification within seven days from the date of issue of the notice from the Engineer
calling upon him to rectify the defects failing which the work shall be got done by the UPPWD by some other
contractor at the GUARANTORS cost and risk. The decision of the Engineer as to cost, payable by the Guarantor
shall be final and binding.
That if the guarantor fails to execute the Anti Termite treatment, or commits breach there-under then the guarantor
will indemnify the Principal and his successor against all loss, damage, cost of expenses or otherwise which may
be incurred by him by reason of any of any default on the part of the GUARANTOR in performance and
observance of this supplementary agreement.
As to the amount of loss and/or cost incurred by the UPPWD on the decision of the Engineer in charge will be final
and binding on the parties.
IN WITNESS WHEREOF those presents have been executed by the obligator and by by for and
on behalf of ----------------------------------------- on the day, month and year first above written.
84 | P a g e
Vol.-3-
SCC
85 | P a g e
Vol.-3-
SCC
86 | P a g e
Vol.-3-
SCC
87 | P a g e
Vol.-3-
SCC
88 | P a g e
Vol.-3-
SCC
89 | P a g e
Vol.-3-
SCC
END OF VOLUME 3
90 | P a g e