TERMS AND CONDITIONS ANNEXURE - II

1. SCOPE OF WORK :
The Scope of work will be as described in the Bill of Quantities and would include
all the materials , labours ,shifting (all leads & heights), fixing, tools & tackles,
scaffolding, consumables, transportation ,handing over to us (as shown in the
Drawings and as per standard Technical Specifications complete in all respects.
You will have to make your's own arrangement for lifting & shifting of materials to the
place of work.

It is agreed by you that you have visited the site and after studying the site conditions,
you have agreed to execute the work for the various systems as per the attached BOQ
on item rate basis.

All tools & tackles alongwith all consumables etc. will be brought and used by you at
your cost for carrying out the work successfully & shall not be removed from site
without permission of Site In charge.
2. TAXES & DUTIES :
The contract Price is inclusive of all taxes, i.e. VAT & Service Tax and other applicable
taxes (if any) etc. as per statutory requirement. TDS as applicable will be deducted
from your bills. Service Tax is shown separately at the end of BOQ. Service Tax
number and VAT No. will be mentioned by the Contractor on all the bills.
Any deviation / increase / decrease in tax liability (statutory change) shall be
reimbursed to the contractor / returned back by the Contractor to us, only after the
submission of documentary evidence of payments of such increased tax liability.

3. TIME OF COMPLETION :
Time is the essence of the contract.
The entire work shall be completed in all respects and handed over to us in Two
Month from the date of work order or as per schedule approved by Engineer In
Charge. You will submit (before the start of work), detailed schedule of work
alongwith dates of each activities and get it approved from the Project Manager.

4. LIQUIDATED DAMAGES :
Amount equivalent to 0.5% of Contract value will be deducted, for the delay of
every week after the above mentioned period upto maximum limit of 5% of
Contract Value for the reasons attributed to you.

5. BILLS :
The Contractor will submit all the R.A./ Interim / Final Bills alongwith certified joint
measurements to PM. Payment will be made within 30 days from the certification of bill
(By PM).
6. TERMS OF PAYMENT :
The contract is an item rate contract.
Payment will be done as the item rate on Prorate basis and against submission of Bills
(with certified measurements) to site .

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 Payment will be made after 30 days of certification of bill at site.

Retention Amount of 5% of the contract value (Including VAT & Service tax ) shall be
retained by the Owner. This shall be deducted from the contractor’s each R.A. Bills. No
Interest shall be payable on this amount. The above retention amount shall be
refunded to contractor on completion of defects liability period ( 12 calendar months)
from the date of virtual completion.

TDS will be deducted as applicable.

Additional amount equivalent to 10 - 15% if required, may be withheld depending upon

performance & progress of work, which will be released (conditional) earlier / alongwith
final bill.

7. MODE OF MEASUREMENT :
Mode of measurement will be as mentioned in BOQ .
In case of any discrepancies it shall be as per relevant IS codes.
Payment shall be done as per actual quantity of the work.
8. SPACE FOR STORAGE:
Space for storage of material if any, equipment & store shall be provided to you free of
cost as and when it is available at site. The decision of Our Project Manager regarding
this will be final. You shall be responsible for security of material. You shall be
responsible for your labour management & hygenic condition at site. You shall remove
all temporary structure at site i.e. store etc. after completion of your work. shifting of
your stores whenever instructed by our site In charge shall be carried out by you at no
extra cost to us.

9. EXTRA ITEM :
Items not mentioned in bill of quantities but required for the completion of work, shall
be brought to the notice of our Engineer In Charge prior to start of work. Also rate
analysis will be submitted to us for the same.
The rates of extra items will be decided on the basis of Material Cost + Labour Cost +
15% (for Overheads, equipments engaged & Profit) + Service Tax + VAT.
10. QUANTITY VARIATION :
The quantities mentioned in the bill of quantities are approximate and you shall be paid
for actual quantity executed at the rates mentioned against respective items in the
B.O.Q. No extra claim/compensation shall be entertained for reduction or increase in
the quantities. Also, for deletion or omission of any item, you will not be entitled for any
compensation or loss of profit. Material procurement for the works will be done by you
in consultation with EIC and as per the latest drawings.
11. INSURANCE:
The Contractor/s shall insure all his employees as well as of the employees of his Sub
– Contractors, against Employer’s Liability under the Workmen’s Compensation Act,
labour laws, labour insurance, contract labour act, minimum wages act and shall
indemnify the Employer against all claims arising under the above, for injuries,
accidents at the works
Owner will have no responsibility what-so-ever for any claims arising in this regard.
The owner shall have the right at any time to require the contractor to increase the
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 minimum limits of insurance for public liability and property damage liability. The owner
shall not be liable for or 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 other person
in the employment of the contractor or in the employment of the sub-contractor.
12. LABOUR LAW:
The contractor shall comply with the provisions of the payment of wages act, 1936,
Minimum Wages Act, 1936, Minimum Wages Act, 1948, Employees Provident Fund &
Misc. Provisions Act, 1952, Employers’ Liability Act, 1938, Workmen’s Compensation
Act, 1923, Maternity Benefit Act, 1961, the contract labour (Regulation & Abolition Act,
1970 and Mines Act, 1932 or any modification thereof. Contractor shall also comply
with the provisions of all other Acts, Rules & Regulations connected with the
employment of labour for the purpose of execution of this contract
13. SAFETY:
Providing & using Safety and security precautions for all your staff, labours, etc. at
site such as wearing helmets, safety shoes etc. is compulsory and you will be
responsible for the same.
Safety of existing services and adjacent property from possible damage must be taken
care by you. You shall be responsible for any third party damage.

14. WATER & ELECTRICITY :

Water & Electricity will be supplied by us free of cost at one point at site. Further
distribution shall be in your scope. You will use the same with due care and not allow
any wastage etc.

15. QUALITY & WORKMENSHIP :

The entire work will be carried out with the Best workmanship and quality and as
per the instruction of and to the satisfaction of ARCHITECT / Engineer in
Charge. All standard Specifications will be followed. In case of any discrepancy
the decision of Engineer In Charge will be final and binding on you.

16. HOUSEKEEPING :
The Contractor shall carry out the work in clean manner as much as possible and shall
remove all debris, waste material etc. out side building, time to time, as per direction of
PM. If the Contractor won’t keep the workplace, site etc. clean & hygienic condition,
then PM on his own will deploy department labour for the same and then deduct the
same from Contractors bills the amount equivalent to actual amount + 20%.

17. WEEKLY / FORTNIGHTLY MEETING :

Weekly / Fortnightly Co-ordination and progress monitoring meetings will be held at site
along with you. All the concerned agencies and consultants shall attend the same.

18. ESCALATION IN RATES :

The rates shall remain firm for the period of contract and any further extension if any and
till the entire work is completed and shall not be subject to any alterations, escalations,
etc.

19. GUARANTEE / WARRANTY :

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 Warranty is for One year from date of handing over of the work against workmenship &
material defects for all works. Free rectification & trouble shooting will be carried out
during the warranty period.

20. DEFECT LIABILITY PERIOD :

The defect liability period shall be for a minimum period of 12 (Twelve months) from
handing over or on virtual completion date.
During the defects liability period, the contractor shall rectify, repair or replace defective
work, parts or components free of cost except in the case of those which are due to
normal wear & tear.

21. FORCE MAJEURE :

In all cases where a time schedule for dispatch, delivery erection or completion has been
specified, the time for all these shall be extended by reasonable period if the delay is
caused by any industrial disputes, war, strikes, lockout, fire, accident, statutory restriction
or any causes whatsoever beyond our reasonable control.

22. MANPOWER :
You shall engage minimum one qualified supervisor/engineer (as applicable), &
necessary workforce at site in consultation with the PM. You shall increase the same as
per requirement and as instructed by EIC.
23. MATERIALS :
All materials required for Post Tensioning work shall be arranged by contractor at his
own cost.
Only Cement required for grouting shall be supplied free of charge by Owner. Contract
shall submit reconciliation of the cement supplied to him along with R A Bill. Wastage
beyond 2 % shall be recovered from contractor’s bill at actual purchase price of cement.

24. CONTRACTOR’S SUPERITENDENCE :

You shall have on site at all times during working hours throughout the course of the
Contract at least one competent senior representative who shall be empowered to make
decisions on behalf of you in respect of all matters likely to arise in connection with the
execution & coordination of the works at site and shall keep the Project Manager
informed at all times about the name and designation of such representative. Such
Senior Representative on site shall also have the power to take joint measurement and
sign the measurement books/bill.
25. DAMAGE TO OTHER WORKS:
You will take all the care and precautions during execution and will be responsible for
any damage that may happen to granite / marble / glasses or any other finishing
materials during installations. You shall take precaution to safe guard / protect the Work.
You will be responsible for any damages until the entire installation is taken over by us.
Project manager’s decision shall be conclusive and binding to you.

Any rectification / repairing required for other areas/ activities due to the effect of your
bad / defective workmanship, working methods etc. will be carried out by us and the cost
of the same + 20% will be debited to your accounts / bills.

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 Any problem created at site due to your negligence which may create BMC / Police or
local problem shall be dealt and borne by you. .
26 IDLE CHARGES:
For stoppage of work, no compensation shall be paid to the contractor for any reason
whatsoever. This stoppage could be at one time or total of stoppages more than one
time. Idle charges, de-mobilization, re-mobilization charges etc. will not be paid under
any circumstance.

27. TESTING :
The charges for testing all the material supplied by Contractor shall be borne by the
contractor. The rates, prices to be quoted by the Contractor shall be inclusive of all
such testing expenses, etc.
28. RECOVERY OF OWNER SUPPLIED LABOURS / CONSUMABLES etc. :
Any consumables or equipmernt , Departmental Labours (skilled / unskilled), etc., if
provided by Owner to the contractor for speeding up the works etc.,then the same shall
be debited to the Contractors account in the subsequent R.A. bills for the amount
equivalent to Actual Cost + 20%. Owners decision regarding the same will be final in
terms of insufficiency of materials, equipment etc.
Overall finishing, Cleaning & housekeeping : If overall finishing, cleaning &
housekeeping is not as per EIC’s satisfaction then it will be carried out by owner and
the amount equivalent to the cost incurred + 20%, shall be debited to Contractors
account . The decision of the PM will be final in this matter. Contractor will hand over the
site after finishing and cleaning the works as required by the Project in Charge.
29. REJECTION :
Your materials will be rejected if found un - satisfactory or not as per approved
specifications. You will have to take back the rejected material on your own cost.

30. TERMINATION OF CONTRACT :

Your work will be Terminated at our discretion at any point of time if your
work performance / quality / speed is found unsatisfactory as compared to
our standards and requirements.

31. DOCUMENTS OF CONTRACT :

This work order alongwith all the Annexures and Terms and Conditions etc. to the extent
modified herein alongwith Document, forms the part of Contract document.

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 SUMMARY OF CONTRACT CONDITIONS - APPENDIX TF

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 1 Retention Amount 5% of each payment certificate

Release of Retention amount 100 % after defect liability period of 12

months
2 Period of completion 02 Months
Commencement date The 10th day after the date of issue of Work
Order

3 Insurance Workmen’s Compensation

4 Liquidated damages
(a) Amount 0.5 % of Contract Value per week of delay

(b) Limit 5% of Contract Value

5 Limit of Variation No limit

6 Defect Liability period Twelve Months from virtual completion date

7 Escalation Not applicable. Prices to be remain firm

throughout the contract period or extension if
any granted.

8 Period of Interim Certificate Monthly

9 Payment of bills a) After 30 days from date of certification
b) The final bill will be paid within 45 days
after certification
11 Type of Contract Item rate contract
13 Free Issue material Cement for Grouting

14 Approved Makes of Strands Makes. D P Wire, Usha Martin, Tata.

15 Supply of main tensile element (HT In PT contractor Scope

strands)

16 Supply of Anchorages, GI sheathing, In PT contractor Scope

Barrels, Wedges & Consumables for PT
works

17 Cutting and profiling of strands, Ducts, In PT contractor Scope

Anchorages

18 Stressing & Grouting of Tendons with our In PT contractor Scope

equipments and skilled manpower

19 Providing required qualified Engineers , In PT contractor Scope

Technicians, For PT works

20 Supply of Ice, Additives for Grouting In PT contractor Scope

21 Supervision for Fabrication & Fixing of Only Supervision is in PT contractor scope

Bursting Links/Chairs for Tendon Support

23 Lifting Arrangements PT contractor to coordinate with Civil Main

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 Contractor.

24 Filling of End Recess in Slab Edge at scope of PT Contractor

stressing End

25 Space for storing the PT Materials, Space shall be provided to PT contractor to

Equipments and Site office. make his store office etc…

26 Working Platform for stressing and grouting Excluded from the scope of PT Contractor
works.

27 Power supply VGPL SCOPE

28 Potable water for grouting VGPL SCOPE

29 shop drawings/obtaining consultant In PT contractor Scope

approval etc…

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