The word "consultant" is synonymous with "project consultant". g) "Day" means a 24-hour calendar day (which starts and ends at 00:00 and 24:00, respectively) regardless of the number of hours worked or not worked in that day. h) "Drawings" means the drawings prepared and issued by the Consultant and set out in the quotation and specifications, and any changes to such drawings and other drawings, calculations and technical data. information of a similar nature which may be issued by the Consultant from time to time. The term "net rates" or "net prices". when used in connection with a contract or invoices, shall be deemed to mean the rates or prices at which they have occurred. n) "Written Notice" or "written notice" means notice in written, typed or printed form sent (unless personally delivered or otherwise proven to have been received) by registered mail to the City Office/last known private or business address address or registered office of the addressee and shall be deemed received when delivered by ordinary post. o) "Permanent Works" means permanent works to be carried out (including plant) in accordance with the Contract.
Languages & Law
The headings, subheadings and notes (if any) and the tagline and the attachment hereto are for convenience of reference only and shall not be taken into account in any way in the interpretation of these presentations and the attachment hereto. The contractor must carry out and complete the works in all respects in accordance with this contract.
Errors, Omissions and Discrepancies
The prevailing language in which the contract and related aspects shall be drawn up is English only.
Scope of Contract
Department of Aviation, in accordance with the prevailing rules, Building Regulations etc., as the case may be in respect of Construction/Completion. The contract includes the construction, completion, rectification of defects in operation and maintenance of the works during the defect liability period and, unless the contract provides otherwise, the provision of all work, materials, construction plant, temporary machinery and everything, whether of a of a temporary or permanent nature required in and for such construction, completion and maintenance as is necessary to secure the same as specified in or reasonably inferred from the Contract.
Drawings
The Contractor shall maintain a fully up-to-date register of drawings required to be maintained on site. The Contractor shall submit to the Engineer-in-charge for approval the details of all proposed equipment, accessories, equipment features and capacity details of all equipment, accessories and appliances etc.
Disruption of Progress
The Contractor shall submit to the Engineer-in-Charge for approval details of all proposed equipment, accessories, equipment characteristics and performance details of all equipment, accessories and appliances etc. as per the specifications and requirements of the Engineer-in-Charge. Notwithstanding the above, the contractor is not entitled to any financial compensation arising from the above.
Further Drawings and Instructions
Programme of Work and Progress Report
Six copies of the revised plan shall be furnished to the Engineer as and when revised. The Contractor shall submit to the Engineer before the second day of each week a progress report for the preceding week showing the progress and progress to date during the preceding week for all items of each section of the Works in relation to and taking into account the Detailed Schedule .
Contractor’s General Responsibilities (a) Execution of works
The Contractor will be responsible for clearing the site of all scrub, debris, litter, etc. However, no trees shall be removed without the prior consent of the Engineer-in-Charge.
Watching & Lighting
Storage of materials must be done in an organized manner and in appropriate rooms as directed by the consultant. Materials shall be considered "Delivered on Site" only after the physical presence of materials on site has been verified by the Consultant.
Care of Works
Expected Risks & Force Majeure (a) Expected Risks
The affected party shall promptly notify the other party upon the occurrence of the relevant event and shall use all reasonable efforts to minimize the effects of such event and shall act in good faith with due care and diligence. ii). In case the effect of force majeure continues beyond the period of one hundred and eighty (180) days, the parties shall mutually decide whether or not to terminate this contract.
Contractor’s Superintendence
It should be noted that under normal circumstances the contractor may not replace key personnel during the performance of the contract. All skilled, semi-skilled and unskilled labor shall work under the sole direction of the Contractor's Senior Representative.
Compliance with Statutes, Regulations, Etc
On the instructions of the consultant/engineer-in-charge, the contractor shall immediately dismiss any person employed by him who, in the opinion of the consultant/engineer-in-charge, may himself be incompetent or may have committed misconduct. may not be used again on the works without permission from the responsible Engineer/Consultant. However, the contractor will ensure that the responsible engineer/client/consultant is given free access to the site and other work areas at all times.
Setting out
The checking of any output or any line or level by the Consultant shall in no way relieve the Contractor of his responsibility for its correctness. The Contractor must carefully protect and preserve the benchmarks; sight rails, pins and other things used to set out the Works.
Quality of Materials, Workmanship and Test
The numbers of each sample to be submitted shall be as specified in the Specifications, or as specified by the Consultant/Engineer-in-Charge. In this regard, the decision of the Engineer in charge will be final. ix).
Absence of Specifications
In particular, the cube testing machine should be cable with a slow force of up to 200 tons, and the plates should be suitable for crushing both 150 mm and 200 mm cubes. After obtaining the Engineer's approval, the Contractor shall print all forms, tables, formats, etc. at his own expense.
Obtaining Information’s related to Execution of work
Access for Inspection
Examination of Work before covering up
Assignment
The Contractor shall not subcontract any part of the Works without the prior consent of the Engineer-in-Charge/Consultant, unless otherwise specified in the Contract. No such consent shall relieve the Contractor of any liability or obligation under the Contract and shall be liable for the acts, defaults and negligence of any subcontractor, its agents, employees or workers as fully as if they were the acts, defaults or negligence of the Contractor, its agents, employees or workers.
Claims
Assignment to the contractor's insurance companies (in cases where the insurance companies have borne the contractor's loss or liability) of the contractor's right to obtain compensation against any other person liable. Such permission can only be granted for the specialized work etc. and the decision of the Engineer-in-Charge/Consultant is final.
Variations
The consultant must give the contractor 24 hours written notice of his intention to participate in the tests. The Contractor shall provide the Consultant with five copies of all inspection and test reports.
Virtual Completion Certificate
All deficiencies identified through testing and inspection must be remedied by the contractor at his own expense and to the satisfaction and approval of the consultant. Such notification and undertaking must be in writing and shall be deemed to be a request from the Contractor.
Defect after completion (a) General
When the entire Work is substantially and practically completed and has satisfactorily passed any final test that may be prescribed in the Contract:-. a) The Contractor shall give notice thereof to the Consultant accompanied by an undertaking to complete any outstanding work during the Deficiency Liability Period. During the defect liability period, the contractor must keep at least one of its authorized representatives on site along with the necessary tradesmen.
Approval and acceptance (a) Provisional Acceptance
Once the works ordered during this period will have been completed to the Customer's satisfaction. Always with the understanding that the issuance of the Certificate of Final Acceptance is a condition precedent for the payment or return to the Contractor of the deposit and/or Execution Security in accordance with the conditions laid down in the contract.
Works by Other Agencies
If different defect liability periods apply to different sections or parts of the work, the expiry of the latest of such period OR.
Insurance Policies 1.1 Employer's Risks
- Insurance of Works and Contractor's Equipment
- Scope of Cover
- Responsibility for Amounts not Recovered
- Exclusions
- Damage to Persons and Property
- Exceptions
- Indemnity by Employer
- Third Party Insurance (Including Employer's Property)
- Minimum Amount of Insurance
- Cross Liabilities
- Accident or Injury to Workmen
- Insurance Against Accident to Workmen
- Evidence and Terms of Insurance
- Adequacy of Insurance
- Remedy on Contractor's Failure to Insure
- Compliance with Policy Conditions
The Employer shall indemnify the Contractor against all claims, lawsuits, damages, costs, fees and expenses in connection with the matters mentioned in the exceptions defined in subsection 29.2.2. Such insurance must be in accordance with the general conditions agreed prior to the issue of.
Dues not paid by the Contractor
The Contractor shall notify the insurers of changes in the nature, scope or program for the execution of the Works and ensure the adequacy of the insurance at all times in accordance with the terms of the Contract and shall, when required, to the Consultant the insurance policies in force and the receipts for payment of the current premiums. If the Contractor fails to obtain and maintain in force any of the insurances required under the Contract, or fails to supply the policies to Consultant within the period required by Sub-Clause 29.5.1, then and in any such case the Employer may and keep any such insurance in force and pay any premium that may be necessary for that purpose and from time to time deduct the amount so paid from any monies due or become due to the Contractor, or recover the same as ' a debt owed by the Contractor. .
Billing & Certification
Further retention money @ 5% (five) shall be deducted from each interim receipt from the First RA account subject to a maximum of 2.5% (two and a half) of the contract price and shall be released on successful completion of the Defects Liability Period. Retention money at the rate of 10% (ten percent) shall be deducted from each provisional certificate subject to a maximum of 5% (five percent) of the contract price subject to the Engineer's approval.
Payments to Specialized agencies in Composite Contracts
Urgent Repairs
Boreholes & Exploratory Excavation
Fossils, Etc
All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the site of the works shall be the property of the Government. After completion of the Works, the Contractor shall within 10 days of obtaining the completion certificate from the Site remove all the said Construction Plant and Temporary Works remaining thereon and any unused materials supplied by the Contractor.
Operations and Maintenance Manual
All construction plant, temporary works and materials supplied by the contractor shall, when brought to the site, be deemed to be solely intended for the execution of the works and the contractor shall not remove the same or any part thereof , except for the purpose of moving it from one part of the website to another, without the consent, in writing, of the Consultant, which will not be unreasonably withheld. Until the Record Drawings, prints, transparencies and manuals referred to above have been received and approved by the Consultant, the Contract shall not be considered complete and payment of fees shall be withheld until such drawings, etc.
Reports by Contractor
Miscellaneous
Co-ordination Meeting
Gate passes shall be issued by the Engineer to authorize the Contractor's staff and workers to enter the Site. The contractor shall supply water and electricity to the engineering firm free of charge to the extent required by the engineering firm.
Compliance of Statutory Obligations for obtaining completion Certificates
The Contractor shall, at his own cost, carry out the mixture design for the concrete product in question by a reputed institute/laboratories, as approved by the Engineer, within 15 days from the notification of award. Prior approval of the engineer should be taken before sending the samples (cement, coarse and fine aggregates) to the Institute of Mix Design.
Rates/Prices
The Contractor shall quote his rates/prices accordingly for the entire items in all respects.
ADDITIONAL SPECIFIC CONDITONS OF CONTRACT AND
SPECIFICATIONS
Scope of Contract
Contract Drawings
Shop Drawings
Where the contractor's work is to be installed in the immediate vicinity of or will interfere with the work of other trades, the contractor must assist in preparing the space conditions in order to make a satisfactory adaptation. The contractor must, on the instructions of the Engineer, prepare composite working drawings and sections in an appropriate scale of at least 1:50, which clearly show how his work is to be assembled in relation to the work of other trades.
Samples and Catalogues
The Contractor shall be responsible and bear the costs of any changes to the works resulting from discrepancies or omissions in the drawings or other data supplied by him, whether or not such drawings have been approved by the Engineer. If the Contractor installs his work before coordinating with other trades, or in such a way that there is any interference with the work of other trades, he will make all necessary changes at no additional cost.
Material and Equipment
All materials used on the work shall be new and of the best quality available, in accordance with the relevant specifications and in accordance with good engineering practice. The approved make list indicates make/manufacturer generally acceptable, but the final choice of make/manufacturer of material and models must be made by the engineer.
Conformity with Statutory Acts, Rules and Standards
The Engineer shall obtain prior written approval of all proposed materials and, where necessary, an approved sample, properly identified and marked, shall be deposited with the Engineer and kept at the site.
Technical Data
Manufacturer's Instructions
Training and Operating Instructions
Inspection and Testing
If required by the Engineer, the Contractor shall allow the Engineer's authorized representative to be present during any of the tests. The Engineer's decision shall be considered final as to what constitutes a satisfactory test.
Test Certificates
If the work does not meet the full intent of the drawings and specifications and further tests are deemed necessary, the Contractor will carry them out and bear the expenses thereof. The Contractor shall make adequate records of the test procedures and readings, shall repeat any tests requested by the Engineer and shall provide test certificates signed by a duly authorized person.
Performance Guarantee
Quiet Operation and Vibration
Accessibility
Electrical Installation
Completion Certificate
On the basis of this certificate, the contractor arranges for an inspection of the installation by the relevant local authorities.
Completion Drawings
Check List
Repairs
Control System
License and Permits
Cutting and Making Good
Operation and Running of entire system
RELATING TO ELECTRICAL INSTALLATIONS
- Regulations and Standards
- Completeness of Bid
- Works to be done by the Contractor
- Terminology & Scope
- Conduit/ Trunking Layout
- Shop Drawings
- Manufacturer's Instruction
- Materials & Equipment
- Scale
- Brochures and Data
- Approval of Shop Drawings
- Approval of Materials
- Inspection, Testing and Inspection Certificate
- Schedule & Manner of Operation
- Performance Guarantee
- Conformity with Statutory Acts, Rules and Standards
- Completion Drawings (As Built Drawings)
- Confirmation of Quantities
- Terms of Payment (Only for items of major electrical equipments) For purposes of estimating the contract value of work executed for
- Training of Personnel
- Check List
- Safe Custody and Storage
- Testing and Commissioning
- Operation and Running of entire system
- Stores and Materials
- Supply of Equipment
- Working Drawings etc
- Completion Drawings
- Operation and Service Manuals
- Inspection at Contractor's Premises
- Subcontracting
- Material Submittals
- Samples and Prototypes
- Testing and Commissioning
- Provisional Taking Over
- Final Performance and Capacity Test
- Operation of Plant
- Guarantee and Defects Liability Period
- Measurement of Works
- Variation in Quantities
- Maintenance
- Performance Guarantee
- Painting
- Safe Custody and Storage
- Terms of Payment
- Training of Personnel
- Handing over & Taking over process
- Operation and Running of entire system
All tests shall be carried out in the presence of the Engineer or the Engineer's representative. All tests shall be carried out in the presence of the Engineer or the Engineer's representative.
END OF VOLUME - III
