05 General Conditions of Contract-PRELIMINARIES

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VASATHI HOUSING LTD

1. INSTRUCTIONS FOR FILLING IN THE TENDER FORM


In this tender Item Specifications are given in the following sections: A. B. TECHNICAL SPECIFICATIONS SCHEDULE OF QUANTITIES WITH DETAILED SPECIFICATIONS

Technical specifications are the general instructions for carrying out the works. For the schedule of quantities, the rates shall be written clearly, legibly in figures and in words. In case of doubt, amount given in words will be treated as quoted rate. The amount should also be entered after carefully checking up the unit adopted for the item. The contractor shall also sign all the pages of the tender, drawings, etc. with seal. The contractor should certify that he has studied the works at site and acquainted himself with the position with regard to constructions, materials and labor required for the work. The contractor should submit a declaration showing all works for which he has already entered into contract, the value of work that remains to be executed in each case, while submitting the tender. Every contractor should furnish along with his tender income-tax clearance certificate and information regarding the income-tax circle of Ward of the District in which he is assessed by income tax, the reference number of assessment and the assessment year. Certified copies of registration certificate, partnership deed and Power of Attorney or Articles of Agreement in case of Limited Companies will have to be furnished, for considering the acceptance of the tender. Should the contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall immediately bring to the notice of the Architect/Employer and obtain the clarification before submitting the tender. The tender shall be recorded as such in the covering letter to the tender, failing which the Employer shall have right to ask the contractor to execute the work according to the statement made or quantities or units shown in the tender, without any compensation. The tenderer shall complete and submit the following for the tender to be considered as bonafide: Complete set of tender documents as given duly filled in and signed by the tenderer. A list of personnel proposed to be employed on the work A list of equipment & machinery proposed to be deployed . The tender of the contractor not complying with the above instructions may be rejected. I/We have carefully read the above said instructions and shall comply with the same.

Signature of the Contractor Place: Date:

VASATHI HOUSING LTD

2. NOTICE INVITING TENDER


Tenders for the Construction of proposed VASATHI AVANTE, Bangalore, here in after referred as "Project/Site", are invited from En listed contractors having experience of executing similar works. Tenderers are advised to go through all the documents in connection with this contract carefully. The tender documents can be obtained from the office Vasathi Housing ltd,Plot no 41,Sagar Society,Road No2, BanjaraHills,Hyderabad-34 On / /2011 between 10.00 hrs. to 18.00 hrs Tenderers shall deposit the sealed tenders in the office of the Vasathi Housing ltd,Plot no 41,Sagar Society,Road No2, BanjaraHills,Hyderabad-34 on or before / /2011 before 18.00 hrs. Any tender received after the due date and time will be rejected. Tenderers will deposit sealed envelope containing: Letter accompanying the tender with any commercial/ technical conditions other than those stipulated in the tender. Tender drawings. Tender book.

Tenderers should quote their rates both in figures and in words. The schedule of Quantities must be fully priced with the rates quoted for the unit rate specification and the total of each page along with carried over figures of the previous page shall be given in ink and signed by the tenderer. No blank space shall be left. Figure in words shall deemed to be final figure in case of cuttings or over-writing. If the tender is made by an individual it shall be signed with his full name and his complete address shall be given. If it is made by partnership firm it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and give the name and address of each partner of the firm and attach a copy of `Power of Attorney' with the tender authorizing him to sign on behalf of the other partners. A certified copy of the Registered Partnership Deed' shall also be submitted along with the tender. In case the tender is made by or on behalf of a company incorporated under the Companies Act, 1956, it shall be signed by the Managing Director or by one of the Directors duly authorized on this behalf and shall include a copy of the Power of Attorney with the tender. A certified copy of the registered Articles of Agreement shall also be submitted along with the tender. The tender should be in a sealed cover.

3.

RETENTION MONEY/ EARNEST MONEY DEPOSIT


Retention Money at the rate of 5% of the certified Gross value of work done for each running bill will be deducted. 50% of the said Retention Money will be released to the contractor after certification of Final Bill & balance 50% on the completion of Defects Liability Period of twelve months or completion of rectification of defects whichever is later against Indemnity Bond. RETENTION MONEY will not bear any INTEREST whatsoever.

4.

TYPE OF CONTRACT
ITEM RATE CONTRACT: The Contract shall be an Item Rate Contract . The contract rates shall include for the supply of all Material, labour, equipments, materials, plant and machinery, tools, transportation, framework, Scaffolding and everything else required, shall include for the payment of all applicable taxes, duties, octroi, levies, royalties, fees insurance premiums, contributions towards employee benefits and funds and anything else stipulated and required, shall include for the Contractors establishment, infrastructure, overheads and all other charges, and shall generally be inclusive of every cost and expense necessary for the proper execution and successful completion of the works under the contract, in conformity with the contract documents and the best Engineering and Construction practices and to the satisfaction of the Engineer- in- charge. The Contractor shall be paid at the contract rates for the actual quantities of work, excluding all replacement and rectification work, carried out by him under the contract. The actual quantities of work

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carried out by the contractor shall be those which are measured in accordance with the dimensions shown on drawings to which the work shall be carried out, and which quantities are certified by the Project Manager. The methods and modes of measurements shall be as stipulated in the Schedule of Quantities and its preamble and in other contract documents and as prescribed by the Bureau of Indian Standards (where such methods and modes differ between such Documents and standards, the methods and modes as stipulated in the schedule of quantities and its preamble shall prevail) The amount, payable to the Contractor for an item of work shall equal the actual quantity of work carried out by him for that item multiplied by the contract unit rate for that item., SCHEDULE OF QUANTITIES: The quantities given in the Schedule of quantities are provisional and are meant only to indicate the intent of the work and provide a uniform basis for tendering. The actual quantities of individual items can vary to any extent. The Contractor shall be paid for the actual quantities of work carried out by him, in accordance with Clause Item Rate Contract above. The owner reserves the right to alter the scope of works and to increase or decrease any of the quantities or to totally omit any item of work and the contractor shall not be entitled to claim for or receive any extras or compensation of any kind whatsoever on these grounds. Any errors in description and / or omission of any item in the Schedule of Quantities shall not vitiate this contract but shall be deemed to be a variation as applicable. CONTRACT AGREEMENT: The Contractor whose Tender has been accepted shall enter into a formal Agreement with the Owner for the execution and completion of the works, in the format prescribed in the Contract Documents, within two weeks from the date of the work order.

5. PERIOD OF VALIDITY
The tender shall remain valid for acceptance for a period of 30 days from the date of submission of the tenders.

6. INSPECTION OF SITE
Every tenderer shall inspect the site of the proposed work and acquaint himself with the site conditions approaches, availability of raw materials, geological and weather conditions etc., before quoting his rates. He must go through all the drawings, specifications and other tender documents. Any further, clarifications in the drawings and documents can be had from the Architect/Employer.

7. SCAFFOLDING/STAGING
Contractor shall make his own arrangements for scaffolding and any access that is required by him. Rates quoted by contractor include scaffolding at all heights required for executing work.

8. QUANTUM OF WORK
A schedule of probable quantities in respect of each work and specifications accompany these Conditions. The schedule of probable quantities is liable to alterations, omissions, deductions or additions at the discretion of the Architect/Employer. The schedule of probable quantities may vary considerably on the higher or lower side. Each item of work entered in a separate column, all items should be totaled in order to show the aggregate value of the entire tender. Rates should be quoted both in figures and in words in columns specified.

9. ALL INCLUSIVE RATES


The contractor's rate must be firm and include the cost of transportation of material to the site, all taxes such as Sales tax, Excise duty, Octroi, Works contract tax and any other statutory levy etc., and the fixing or placing in position for which the item of work is intended to be operated. The rates quoted by the contractor shall be firm throughout the contract period and there shall be no upward revision of the rates quoted by the contractor for any reason whatsoever. It should be clearly understood that any claims for extra Sales tax, Excise duty, Octroi and any other statutory levy taxes etc., shall not be entertained in any case whatsoever once the tenders are opened. The quoted rates shall include cost of site offices, labs, crche, work at all heights & depth, forming access to site with temporary road, gangways, cost of transportation/loading/unloading/stacking of

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materials, labour hutments outside the premises, layout marking, drinking water & sanitation for labours, etc.

10. INTERPRETING SPECIFICATIONS & CONDITIONS OF CONTRACT


Guidelines to be followed in the event of ambiguities or discrepancies as set forth below: The conditions of contract prevail over all other documents if the interpretation required is legal. Special conditions of contract have to be read in conjunction with general conditions of contract, where there is a variance between the two; the clauses in the special conditions of contract shall prevail.

For technical matters, the following order of procedure shall be observed:


Description in the Bill of Quantity Detailed Technical specifications Drawings General specifications Special conditions of contract General conditions of contract Written dimension shall prevail over scaled dimensions. No alterations shall be made by the tenderer in the Notice Inviting Tenders, Instructions to the Contractors, Contract Form, Conditions of the Contract, Drawings and Specification and if any such alterations are made or any special conditions attached, the tender is liable to be rejected. The acceptance of a tender shall rest with the Employer/his Authorised representative, who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all the tenders received without assigning any reason(s) whatsoever. The Employer/his Authorised representative reserves the right of accepting the whole or any part of the tenders received and the tenderer shall be bound to perform the same at the rates quoted. The work shall be carried out under the direction and supervision of the Project Manager/Employer or their representative at site. On acceptance of the tender, the contractor shall intimate the name of his accredited representative who would be supervising the construction and would be responsible for taking instructions for carrying out the work. The Project Manager/Architect/Employer's decision with regard to the quality of the material and workmanship will be final and binding, any material rejected by the Project Manager/Architect/Employer shall be immediately removed by the contractor.

11. SUB-LETTING
No part of the contract shall be sublet without the written permission of the Employer, nor shall transfers be made by the Power of Attorney authorising others to carryout the work or receive payment on behalf of the tenderer.

12. DEFECTS LIABILITY PERIOD


Any defect developed within `Defect Liability Period' of twelve months will have to be rectified by the contractor at their own cost and in case and the defects are not rectified by the contractor, Employer or their representative shall get the work done at the risk and cost of the contractor.

13. CERTIFICATE OF VIRTUAL COMPLETION


The work shall not be considered as completed until the Project Manager/Employer have issued in writing the `CERTIFICATE OF VIRTUAL COMPLETION' stating that the work has been virtually completed and the `DEFECTS LIABILITY PERIOD' shall commence from such certified date of virtual completion.

14. DELAYS IN COMMENCEMENT


The contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever the cause for such delays may be including delays in procuring Government Controlled or other materials.

15. OCCUPATION IN PART


If the Employer wants to occupy areas in part, the contractor shall complete the work of these areas in conjunction with the Employer and hand-over the same to the Employer without affecting any of the clauses of contract agreement.

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The contractor should inspect the source of material, their quality, quantity and availability. The material must strictly comply with the relevant specifications attached. The contractor must co-operate and co-ordinate with other contractors involved in other works on the site. The contractor should also note that they have to clear the site of vegetation, debris, etc., before the commencement of the work and that no extra payment is permissible on this account.

16. PERIOD OF CONSTRUCTION


Time is deemed to be the essence of this contract. The construction period shall be 3 Months. Commencement of the work shall be within 7 days from the date of work order/ Letter of Intent. The contractor shall draw a detailed schedule of programme in the form of BAR/PERT CHART specifically worked out on Microsoft Projects software, within 2 weeks of the award of work and submit to the Project Manager/Employer for his approval.

17. LIQUIDATED DAMAGES


Any delay, reckoned on the basis of the BAR/PERT CHART shall attract a penalty of 1 % (One Percent) of the value of contract per month delay. The decision of the Project Manager/Employer on this subject shall be final and binding on all other parties to this contract.

18. FORCE MAJEURE


The right of the Contractor to proceed with the work shall not be terminated because of any delay, subject to the time limits set forth in this Clause, in the execution of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, or the Sub-Contractors, defined under Force Majeure, as Acts of God, or that of the public enemy, restraints of Governing states, fires, floods and unprecedented extreme weather. If the Contractor is wholly prevented from the performance of the Contract for a period in excess of thirty (30) consecutive days because of a Force Majeure, the Owner may terminate this Contract by fifteen (15) days written notice delivered to the Contractor, and if the period of the Force Majeure exceeds one hundred and twenty (120) consecutive days, the Contractor may terminate this Contract by fifteen (15) days written notice to the Owner. In the event this Contract is so terminated, the Contractor shall be paid for the costs of the Work actually executed up to the date of termination. Such costs shall not include for loss of profits or for any other expenses of the Contractor or Sub-Contractors such as salaries or wages of the employees or workers, hire charges for plant and machinery, expenses towards maintenance of establishment, or any other expense. Failure to agree on an equitable settlement shall be deemed to be a dispute

19. CONTRACTOR'S STORE


Suitable area near the site of work shall be allowed to the contractor free of cost for storing his tools and plants, materials and for his site office and cement godown & other facilities. The contractor shall remove all the temporary constructions constructed by him at site for the purpose of completing the work after the work is over.

20. MEASUREMENT AND BILLING


MEASUREMENT OF WORKS The Employer/Project Manager may from time to time advise the Contractor that they require the work to be measured and the Contractor shall forthwith attend or send a qualified representative to assist the Employer/Project Manager in taking such measurements and calculations and shall furnish all particulars or give all assistance required. Wherever mode of measurement is specified, the measurement will be taken at site as per the latest IS code of practice for measurement. The contractor or his representative shall accompany the Project Manager/Employer or their representative in taking/checking measurements. All necessary tapes shall be of steel and shall be supplied by the contractor. The contractor shall then present his bill based upon the agreed and recorded measurements and as per the directions of the Project Manager. If the contractor fails to accompany the Project Manager/Employer for measurements, then he shall be bound by the measurements taken by the Project Manager/Employer.

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The Contractor shall raise running bills once a month, however, the minimum value of the running account bills shall be at least 10% of the value of Contract value. The Employer within the time limit specified in the Summary of Notice Inviting Tender will make payment towards all interim bills. All authorised extra work, omissions and all variations made without the Project Manager/Employers knowledge, if subsequently sanctioned by him in writing, shall be included in such measurements. On completion of measurements of certain work up to a particular stage, these shall be signed and dated by both the Project Manager and the Contractor as a token of their acceptance. If the Contractor objects to any of the measurements attested by the Project Manager, a note to that effect shall be made in the Measurement Book against the item objected to and such note shall be signed and dated by both parties. INTERIM BILLS/PAYMENT The Contractor shall prepare and submit monthly Interim Bills to the Project Manager/Employer throughout the Construction period. Advance payment of 50% (Fifty Percent) of value of interim bill shall be paid within 7 (Seven) days and full certification in 21 (Twenty one) days from the date of bill submitted. The Interim bills shall be supported by the detailed measurements and consumption statements of materials. Retention Money as per Contract shall be retained from the Interim Bills. The Project Manager shall check each Interim Bill of the Contractor, verify the payment due to him and forward the same after certification to the Employer. All interim payments made to the Contractor shall be considered as advance payments made to him towards the final bill. Any Interim Certificate of payment given by the Project Manager relating to the work done or the materials delivered may be modified or corrected by any subsequent interim certificate or the final certificate of payment. No certification of the Project Manager supporting an interim payment shall itself be conclusive evidence that any work or materials to which it relates are in accordance with the Contract. FINAL BILL The Contractor shall submit, the Final bill to the Project Manager/ Employer within two months of the Virtual Completion of the Work to be certified by the Project Manager. No further claims shall be made by the Contractor after submission of the Final Bill. The Final Bill shall be accompanied by the same details as for the Interim Bills, except for the following additional detail: All written guarantees and warranties required by the Contract Documents.

The Project Manager shall check the final bill of the Contractor, verify the payment due to him and forward the same to the Employer after audit & certification within two months of receiving the final bill from the Contractor. The Employer shall make the payment to the Contractor within forty-five days of receiving the Project Managers final Certificate of Payment.

21. SECURED ADVANCE AGAINST MATERIAL AT SITE:


No Secured advance shall be paid against materials for use in the proposed construction.

22. EXTRA ITEMS


The rates of all authorised extra items of additional, altered or substituted Work, shall be worked out as follows:If the rate of additional, altered or substituted item of work is specified in the schedule of Quantities, the Contractor shall carry out the additional, altered or substituted item at the same rate. In the case of composite tenders, where two or more schedules of quantities may form part of the Contract, the applicable rate shall be taken from the Schedule of Quantities of that particular part in which the deviation is involved, failing that, the lowest applicable rate for the same item or Work in the other schedule of quantities.

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If the rate of any additional, altered or substituted, item or Work is not specified in the Schedule of Quantities, the rate of the nearest similar item of work specified therein. In case of composite tenders, similar procedures as mentioned above shall be adopted. Where the rates cannot be derived in the manner mentioned above, the same shall be worked out on the basis of the Market Rates i.e. actual authorized expenditure incurred in the execution of the items towards all labor and material, as approved by Project Manager/Employer, inclusive of all tools and plants, taxes, octroi, excise and transportation plus the Contractors overhead, supervision and profit will be considered as 15% as specified in the Appendix. The contractor shall, within seven days of the date of receipt of an order to carry out the above Work or within seven days after having carried out the above work, submit the rates, which he proposes to claim for such items of Work, supported by rate analysis and vouchers to the Employer/Project Manager. After scrutinizing the same, the Project Manager shall inform the Contractors the rates admissible for these items, which shall be binding on the Contractor. If the Contractor considers any assigned Work to be outside the scope of the Contract, he shall immediately bring it to the attention of the Project Manager with financial implications thereof. He shall proceed with the Work only after obtaining necessary change order approval. Any claim for any compensation for any cause whatsoever, for which there is no provision in the contract, shall be made in writing to the Project Manager within two weeks of the occurrence of the event due to which compensation is claimed. Any claim not made within the above period shall not be entertained.

23. WATER AND ELECTRICITY FOR CONSTRUCTION


Water for construction purpose shall be not be made available by the Employer. The Contractor shall make his own arrangement for water supply at his own cost for his use including further distribution of water to work locations as required by him. Electrical power for construction shall be not be supplied by Employer. The contractor shall make his own stand by arrangements for generating power at his own cost for his use including supplementary distribution of power within the work site. .

24. SUPPLY OF MATERIALS


All the materials to be supplied by the contractors well in advance so that the quantities of materials indented and issue the same to the respective workforce on time without any delay. The contractors shall be responsible from there on for storage and use of the total quantity of such materials supplied.

25. WASTAGE
The material consumed in the works computed from the quantities certified in the bill and issued will be reconciled Wastage factors shall be mutually agreed between Employer & Contractor at the time when required & available sizes are confirmed. Rolling margin towards Reinforcement & Structural Steel shall be 2.5% which shall be based on weights established size-wise for each batch supplied. The Rolling margin shall be established by the contractor immediately on receipt of the material at his cost to the satisfaction of the Project Manager. The Permissible wastage shall be as follows: Cement : 2.0% Granite : 2.5% : 2.5% (2% accountable and 0.5% un-accountable) 2.5% (2% accountable and 0.5% un-accountable)

Steel reinforcement bars (plain & de-formed) Structural steel - all types :

In reckoning wastage, off cuts of the following sizes or less as stated below shall be counted as wastage. Reinforcement bars MS structural MS plates & GI sheets : : : 1.0 metre length 0.5 metre length 1.0 sq. metre (with least dimension of

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200mm) All, off cuts of larger size shall be reckoned as prime material and for which the contractor will be given full credit at issue rates. All other pieces will be considered as wastage/scrap. The contractor shall return all scrap/serviceable/unused material, to the Clients storage points. Any unused quantity of materials supplied not returned/excess material used beyond drawing requirement and wastage/ consumption beyond specified/agreed limits, shall be recovered from the contractor at the highest prevailing market rate or issue rate, whichever is higher, +20% towards handling, duties, transportation, etc.

26. TAXES & INSURANCE


TAXES, DUTIES, OCTROI, ETC. The contractor agrees to and does hereby accept full and exclusive liability for the payment of any and all taxes, duties, octrois, etc. now or hereafter, imposed, increased or modified, from time to time in respect of works and material; and all contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by any Central or, State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by the contractor and the contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer employee relationship and the contractor further agrees to comply, and to secure the compliance of all sub-contractors, with all applicable Central, State, Municipal and local laws and regulations and requirements of any Central, State, or Local Government agency and authority. Contractor further agrees to defend, indemnify and hold harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reason of any violation of contractor or subcontractor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against the Employer arising under, growing out of, or by reason of the work provided for by this contract, by third parties, or by Central or State Government authority or any administrative subdivision thereof. INSURANCE Contractor shall at his own expense carry and maintain insurance with reputable insurance companies to the satisfaction of the Employer as follows: Employees State Insurance Act. The contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by the Employees State Insurance Act. (Latest), and the contract or further agrees to defend, indemnify and hold Employer harmless from any liability or penalty which may be imposed by the Central, State or Local authority by reason of any asserted violation by the contractor or sub-contractor of the Employees State Insurance Act. (latest) and also from all claims, suits or proceeding that may be brought against the Employer arising under, growing out of or by reason of the work provided for by this contract whether brought by employees of the contractor, by third parties or by Central or State Government authority or any politic sub-division thereof. The contractor agrees to fill with the Employees State Insurance Corporation, the declaration forms and all forms which may be required in respect of the contractors or sub-contractors employees, whose aggregate remuneration is Rs. 40,000 per month or less and who are employed in the work provided for those covered by ESI from time-to-time under the Agreement. The contractor shall deduct and secure the agreement of the sub-contractor deduct the employees contribution as per the first schedule of the Employees State Insurance Act from wages and affix the Employees Contribution Cards at wages payment intervals. The contractor shall remit and secure the agreement of the sub-contractor to remit to the State Bank of India, Employees State Insurance Corpn. Account, the Employees contribution as required by the Act. The contractor agrees to maintain all cards and records as required under the Act in respect of employees and payments and the contractor shall secure the agreement of the sub-contractor to maintain such records. Any expenses incurred for the contributions making contributions or maintaining records shall be to the contractors and sub-contractors account. The Employer shall retain such sum as may be necessary from the total contract value until the contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act. (latest) have been paid. Workmans compensation and Employers Insurance at Contractors cost. Insurance shall be effected for all the contractors employees engaged in the performance of this contract. If any of the work is sublet, the contractor shall require the sub-contractor to provide workmans compensation and employers liability insurance for the latters employees if such employees are not covered under the contractors insurance. Any other Insurance required under Law or Regulations or by Employer at Contractors Cost. Contractor shall also carry and maintain any and all other insurance, which be, may be required under any law or

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regulation from time to time. required by the Employer. He shall also carry and maintain any other insurance, which may be

DAMAGE TO PROPERTY Contractor shall be responsible for making goods at his cost to the satisfaction of the Employer may loss of & any damage to all structures and properties belonging to the Employer or being not executed or procured or being procured by the Employer or of other agencies within the premises of all the work of the Employer, if such loss or damages is due to fault and/or the negligence or willful acts or omission of the contractor, his employees, agents, representative or sub-contractors, or damage due to fire also. The contractor shall indemnify and keep the Employer of all claims for damage to property other than Employers property arising under or by reason of this agreement if such claims result from the fault and/or negligence or willful acts or omissions of the contractor, his employees, agents, representative or sub-contractors. The contractor at his own cost shall take the insurance for building civil works to be constructed by him and copy of the insurance premium receipt must be procured before submission of first R/A bill, without which the contractors bill shall not be accepted.

27. INSURANCE POLICIES:


Before commencing the execution of works, the contractor, without limiting his obligations and responsibilities under this contract shall insure against his liability for any material or physical damage, loss or injury which may occur to any property, including that of the owner to any person including any employee of the Owner or a member of the general public, by or arising out of the execution of the works or in carrying out the contract. It shall be obligatory for the contractor to obtain the insurance cover under the following policies: Contractors All Risk Insurance Policy to cover the following:

Entire contract value for the period of completion including defects liability period Third party insurance to cover for any damages to third party. This shall be up to the end of the defects liability period and shall include for any damage to the properties and / or injury [including death] to the persons of the general/ public/consultants and anyone else deemed to be third party. Civil commotion, Riots, War and other disturbances. Policy to cover contractors liability under Workmens compensation Act 1923, Minimum Wages Act 1948, Contract Labour (Regulation and Abolition) Act 1970 and other relevant Acts listed elsewhere. This shall be for the period upto final completion of work, including the defects liability period. Insurance cover against damage, theft or any other loss of all materials and equipment brought to site for which advance payment is claimed - Limit of liability not less than the value of such materials at any stage of the contract.

The Contractor shall insure against all such liabilities and shall continue such insurance during the currency of the contract including defects liability period. Premium for all insurance policies shall be paid and borne by the contractor and shall NOT be reimbursable. The contractor shall produce to the Project Manager all certificates of Insurance. These certificates shall be fully executed and shall state that the policies cannot be cancelled until ten [10] days after written notice of such cancellation has been given to the Owner. The Contractor shall obtain written confirmation of similar certificates from all sub-contractors and thereby assume responsibility for any claims or losses to the Owner resulting from failure of any of the sub-contractors to obtain adequate insurance protection in connection with their work.

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FAILURE TO INSURE: If the contractor fails to comply with the terms of this condition, the Owner may effect the Insurance and deduct the expenses from any moneys that may be or become payable to the contractor or may, at his option, refuse payment of any certificate to the contractor until the contractor complies with this condition. NO LIMIT TO LIABILITY: In addition to the liability imposed by law upon the contractor for injury (including death) to persons or damage to property or his agents, which liability is not impaired or otherwise affected hereby, the contractor hereby assumes liability for and agrees to save the owner harmless and indemnifies him from every expense, liability or payment by reason of any injury (including death) to persons or damage to property suffered through any act of omission of the contractor, or indirectly employed by any of them or from the conditions of the premises or any part of the premises which is in the control of the contractor or any of his sub-contractors, or any one directly or indirectly employed by either of them or arising in any way from the work called for by this contract.

28. LABOUR LAWS AND SAFETY REGULATIONS


LABOUR LAWS No labour below the age of eighteen years shall be employed on the work. The contractor shall not pay less than what is provided under law to labourers engaged by him on the work. The contractor shall at his expense comply with all latest labour laws and keep the Employer indemnified in respect thereof. IMPLEMENTATION OF APPRENTICE ACT. The contractor shall comply with the provisions of the Apprentices Act (latest) and the Rules and orders issued there under from time to time. If he fails to do so, his failure will be breach of the contract & Project Manager may, at his discretion, cancel the contract. The contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the Act. CONTRACTOR TO INDEMNIFY THE EMPLOYER The contractor shall indemnify the Employer and every member, officer and employee of the Employer, also the Project Manager and his staff against all actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or in connection with the matters referred to and elsewhere and all actions, proceedings, claims, demands, costs and expenses which may be made against the Employer for or in respect of or arising out of any failure by the contractor in the performance of his obligations under the contract documents. The Employer shall not be liable for or in respect of any demand or in consequence of any accident or injury to any workmen or other person in the employment of the contractor or his sub-contractor and contractor shall indemnify and keep indemnified, the Employer against all such damage and compensation and against all claims, damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto. Payment of Claims and Damages: Should the Employer have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the cost incurred by the Employer shall be charged to and paid by the contractor and the contractor shall not be at liberty to dispute or to question the right of the Employer to make such payments notwithstanding the same may have been made without his consent or authority or in law or otherwise to the contrary. In every case in which by virtue of the provisions of sections & sub-sections of workmens compensation act (latest), or other applicable provisions of Workmen compensation act or any other act, the Employer is obliged to pay compensation to a workman employed by the contractor in execution of the works, the Employer will recover from the contractor the amount of the compensation so paid; and without prejudice to the rights of Employer under sections & sub-sections of the said Act, Employer shall be at liberty to recover such amount or any part therefore by deducting it from the security deposit or from any sum due to the contractor whether under this contract or otherwise. The Employer shall not be bound to contest any claim made under sections & sub-sections of the said Act, except on the written request of

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the contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in consequence of contesting such claims.

29. ADVANCES
The Employer shall pay 10% of the contract value as mobilisation advance. Mobilization advance of 5% will be paid along with work order. Another 5% will be paid after mobilization of construction equipments to site. This shall be recovered on pro-rata basis commencing from first running bill onwards & subject to 100% recovery by the Pre-Final Bill.

30. PRICE VARIATION/ESCALATION


The price quoted shall be firm for the entire duration of the contract and no escalation of whatsoever nature will be considered during contract period and thereafter as per the requirement. I/We hereby declare that I/We have read and understood the above instructions and the terms and conditions mentioned above are binding on me/us. Date: Signature of the Tenderer SEAL: Place:

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APPENDIX-A
PROJECT SUMMARY
Type of Contract (4) Earnest Money Deposit (3) Period of completion of work (16) Defects Liability Period (12) Liquidated damages (17) : : : : : Item rate Contract Not Applicable 3 Months 12 months. 1 % (One Percent) of the value of contract per month delay Minimum of 30 days, not earlier.

Period of Interim R/A bills (20)

Retention Money (3) Date of commencement of work (16) Release of Retention Amount (3) Insurance & CAR Policy (26) Limit of variation Escalation (27) Extra items (22) Secured Advance (21) Payment of interim running account Bills (20)

: : : : : : : : :

5% of each running bill amount. 7th day from the date of work order/ LOI. After completion of Defects Liability Period as applicable no limit no escalation Cost of material & labour + 15% for profit & over-heads & taxes. Nil Minimum Bill Value : 10% of Contract Value, 50% of Interim bill value within 7 days as Ad-hoc payment from date of submission of bill & balance within 21 days from date of submission of bill.

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APPENDIX-B
Name of Work : :

Name of Tenderer

COMPANY AND SITE ORGANISATION DESCRIPTION Tenderer must attach a description of the organization proposed to be committed for execution of the work. Organization chart must include full particulars and designations of key persons, number and categories of home office and field personnel along with qualifications and experience. Please note that the Project Manager/ Site Construction Manager of the Contractor shall be a graduate Civil Engineer with 12-15 years experience, out of which at least 5 years shall be in similar work. The description shall show lines of authority / responsibility / Communication together with a written description of the overall working of the organization with particular emphasis on the Home office / site interface and monitoring and control of progress.

This form shall be part of contract document.

Signature of Tenderer.

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APPENDIX-C
Name of Work : : SCHEDULE OF DEVIATIONS

Name of Tenderer

S.No.

Tender Documents See. No.

Reference Clause No.

Deviation

Note:

1. Deviation if any, shall be stipulated only in this format. 2. Any deviation stated elsewhere in the tender shall not be taken into account and may render the tender non-responsive and liable to be rejected.

Signature of Tenderer

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APPENDIX-D

Name of Work

: : PROPOSED DEPLOYMENT OF PLANT AND EQUIPMENTS, TOOLS, TACKLES, FACILITIES ETC.

Name of Tenderer

The tenderer shall furnish with his tender, the proposed deployment of various plant and equipments, tools, tackles, facilities etc. for the performance of work under the contract. It is understood that the number and type of equipment etc. shall be augmented from time to time during execution of the contract depending upon the requirement for timely completion of work as directed by Project Manager, without any additional cost to owner. Sl. No Type of Equipment Make Capacity Quantity Present Location Date of availability at site

Signature of Contractor

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APPENDIX-E

Name of Work

Name of Tenderer : CONSTRUCTION SCHEDULE

Tenderer to submit a detailed CPM/PERT chart indicating major milestones, such as mobilisation at site, Construction schedules for various major activities, etc.

This form is for tender evaluation purposes only and will not be part of contract. Final programme will be approved before award of work.

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APPENDIX-F
Name of Work : Name of Tenderer : D E T AI LS O F P R O P O S E D M AJ O R S U B - C O N T R AC T O R S S.No. Scope of Work of Sub-Contractor Proposed Sub Contractors Name and Address Experience of Sub-Contractors along with list of works done with value

Signature of Tenderer

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APPENDIX-G QUALITY ASSURANCE


Name of Work Name of Tender A. : :

Tenderer to provide a summary description of Quality Assurance / Quality Control programme to be implemented in the performance of work.

Signature of Contractor

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TENDER FORM TO,

Dear sirs, SUBJECT: TENDER FOR With reference to the tender invited by you for the above-proposed work, I/We write this after having: Examined the designs, drawings, details, specifications to tenders, agreement and the conditions of contract annexed thereto (hereinafter called `The Contract Documents') relating to construction. Visited and examined the site of the proposed work and Acquainted and made necessary inspection and investigation with regard to the nature of ground and subsoil conditions, neighboring properties etc. Acquired the requisite information as affecting the tender. I/We, undersigned hereby offer to construct the proposed work in strict accordance with the contract document for the consideration to be calculated in terms of the priced schedule of quantities. I/We undertake to complete the whole of the works as per the attached schedule from the date of issue of intimation by you that our tender has been accepted and upon receiving possession of site. I/We further undertake that on failure subject to the conditions of the contract relating to extension of time, I/We shall pay agreed `Liquidated Damages/Penalty' for the period during which the work shall remain incomplete. I/We further agree to the deduction of 5% from the `Interim Payment' towards the `Retention Money, which will be returned as per the relevant clauses in the agreement. Our Bankers are 1. 2. Place: Date:

Signature of Tenderer

Name of the partners of the firm: OR Name of the person having power of Attorney to sign the contract:

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CONDITIONS OF CONTRACT GENERAL CONDITIONS (G C)


1. .1 DEFINITIONS
The following terms shall have the meaning hereby assigned to them except where the context otherwise requires: -

EMPLOYER
Means M/s Vasathi Housing ltd,Plot no 41,Sagar Society,Road No2, BanjaraHills,Hyderabad-34 or their authorised representative.

.2

CONSULTANT
Means M/s Vasathi Housing Ltd,plot no 41, sagar society, Road No 2 Banjara Hills, Hyderabad-34, and their authorised representatives duly appointed by the Employer to act as CONSULTANT for the project.

.3

CONSTRUCTION MANAGER
Means an authorised representative appointed by the Employer for the purpose of day-to-day supervision, quality control, measurements and bill checking and management of the project.

.4

CONTRACTOR
Mean M/s CLARUS INFRA PROJECTS LTD and their heirs and legal representatives, assigns, and successors.

.5

SUB-CONTRACTOR
Shall mean all specialists, merchants, traders & other executing any special work or supplying any materials who may be or may have been approved by the Employer and shall be deemed to be employed by the contractor.

.6

CONTRACT
Shall mean and include the following: Notice inviting tender, Tender form, General conditions of contract, Special Conditions of Contract, General specifications, Technical specifications, Unit rate specifications, (Detailed specifications), Schedule of quantities, Preamble to Schedule of Quantities, Drawings, Work orders and/or any other correspondences of negotiations.

.7 .8

SITE
Shall mean the site of the contract works as shown in the attached site plan.

WORK/WORKS
Shall means the works to be executed in accordance with the Contract or parts thereof as the case may be and shall include all extra, altered works as required for performance of the contract. The term shall also include materials or permanent works/temporary works.

.9 .10

CONTRACT PRICE
Shall mean the sums referred to in the formal agreement, if any, or the work order.

VIRTUAL COMPLETION
Means that the work executed under the contract is ready for occupation in the opinion of the Employer/Project Manager.

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.11

SPECIFICATION
Means the specification referred to in the tender and any modification thereof or addition thereof as may from time to time be furnished or approved in writing by consultants.

.12

DRAWINGS
Means the drawings referred to in the tender and any modification thereof or addition thereof as may from time to time be furnished or approved by the Employer/Consultant.

.13

DAY
Shall mean a day of 24 hrs. From mid night to mid night irrespective of the number of hours worked in that day.

.14

WEEK
Shall mean seven consecutive days without reward to the number of hours worked on any day in that week.

.15

MONTH
Shall mean a period from the beginning date of the calendar month to the end date preceding the next calendar month (e.g. 29-Nov-11 to 28-Dec-11).

.16 .17

PROJECT MANAGER
Means the General Manager of M/s ---------------------------------------------.

TEMPORARY WORK
Means construction and maintenance of temporary work every kind required any or above, the execution/maintenance of the works.

.18 2. .1

PERMANENT WORK
Means the permanent works to be executed and maintained in accordance with the contract.

ASSIGNMENT AND SUB-CONTRACTING


ASSIGNMENT The contractor shall not assign the contract or any part thereof or any benefit or interest therein or there under without the written permission of the Employer. SUB-CONTRACTING The contractor shall sub-contract the works only for such agencies which short-listed/approved by the Employer. The contractor shall not sub-contract any part of the works without the written consent of the Employer and such consent, if given shall not relieve the contractor from any liability or obligation under the contract and the contractor shall be responsible for the acts, defaults and neglects of the subcontractor, his agents, employees or workmen as fully as if they were the acts, defaults or neglects of the contractor or his agents, servants, or workmen. The contractor shall sub-contract the works only for such agencies, which are nominated/approved by the Employer.

.2

3.
.1

DRAWINGS
ISSUE OF DRAWINGS Drawings approved for construction will be issued to the Contractor progressively during the contract period and the contractor shall arrange for the execution of the works and the procurement of materials accordingly. The contractor shall give adequate notice in writing to the Employer or his representative of any further drawings or specifications that may be required for the execution of the works or otherwise under the contract. COPIES OF DRAWINGS TO BE KEPT AT SITE One copy of the drawings furnished to the contractor as aforesaid shall be kept at the site and the same shall at all reasonable times be available for inspection and use by the Employer or his representative and by any other person authorised by the Employer in writing.

.2

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.3 ISSUE OF FURTHER DRAWINGS AND INSTRUCTIONS The Architect/Employer shall have full power and authority to supply to the contractor from time to time through his representative, during the progress of the works such further drawings and instructions as shall be necessary for the purpose of proper and adequate execution and maintenance of the works and the contractor shall carryout and be bound by the same. OWNERSHIP OF DRAWINGS All drawings supplied to the contractor are deemed to be the property of the Architect. The contractor agrees both on behalf of himself and his employees, and sub-contractors, whether during or after completion of the contract not to divulge or use, except for the purpose of this contract, any information contained in the drawings. EXECUTION AS PER DRAWINGS The contractor must not vary or deviate from the drawings in any respect while executing the work or executing any extra work of any kind whatsoever unless authorised by the Employer. PLANS AND DRAWINGS TO BE SUBMITTED BY THE CONTRACTOR The contractor shall submit the following information in triplicate to the Employer for approval within the time stipulated each item below: A general tentative layout plan of construction plant and equipments for the execution of work within 10 days from the date of receipt of work order. Drawings or prints showing the location of major plants and other facilities which he proposes to put up at the site, including any changes in the general layout, at least 7 days prior to the commencement of the respective work. Layout and details of temporary works that the contractor wants to carry out to fulfill his obligation under the contract, within 10 days from the date of the work order. Within 7 days the Employers will give their approval/ comments sufficient to proceed with the work or objections/instructions to the contractor based on which the drawings shall be revised and submitted again for approval by the contractor. All these plans and drawings submitted by the contractor and approved by the Employers shall become part of the contract. .7 ROYALTIES AND PATENT RIGHTS All royalties or other sums payable in respect of the supply and use in carrying out the work as desired by or referred to in the schedule of quantities of any patented articles, process or inventions shall be deemed to have been included in the contract sum and the contractor shall indemnify the Employer from and against all crimes, proceedings, damages, costs and expenses which may be put by reason of the contractor infringing or being held to have infringed any patent rights in relation to any such articles, process and inventions.

.4

.5

.6

a) b)

c)

4.
.1

GENERAL OBLIGATIONS
INSPECTION OF SITE ETC., BEFORE SUBMISSION OF TENDER The contractor shall inspect and examine the site and its surroundings, and shall satisfy himself before submitting his tender, as to the nature of the ground, form and nature of the site, the quantities and nature of work and materials required for the completion of the works, the means of access to the site, the local labour conditions, the accommodation he may require and in general shall obtain all necessary information as to the risks, contingencies and other circumstances which may influence or affect his tender. SUFFICIENCY OF TENDER 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 and prices stated in the priced schedule of quantities and the schedule of rates and prices, if any, with tender rates and price shall cover all obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work. CLARIFICATION BEFORE SUBMITTING TENDERS

.2

.3

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Should the contractor notice any discrepancy or error in the statement made, or quantities or units shown against items, he shall immediately bring to the notice of the Employer/Architect and obtain the clarification before submitting the tender. The tender shall be based on such clarifications received and shall be recorded as such in the covering letter to the tender, failing which the Employer shall have the right to ask the contractor to execute the work according to the statement made or quantities or units shown in the tender, without any extra compensation. .4 RATES QUOTED FOR FINISHED WORK The rates quoted in the tender by the contractor must be for the finished work as per the drawings, specifications & good engineering practice. LOCATION OF WORK Unless specifically mentioned in the item, the work described therein may be at any location or elevation. ACCEPTANCE PERIOD OF TENDER The tender shall remain open for acceptance for a period of 60 days from the date of submission of the tender. COMMENCEMENT OF WORK The contractor shall commence the work at site, within 7 days of issue of formal work order and handing over of the site or being advised by the Employer unless otherwise specified, and shall proceed with the same with due expedition. PROGRAMME OF WORK Soon after the award of contract, the contractor shall submit to the Employer for his approval a programme to match with the planned completion of the whole job showing the order of procedure and method in which the proposes to carryout the works and shall whenever required by the Employer or Employer's representative furnish further detailed programme and particulars in writing of the contractor's arrangements for carrying out the works and of the constructional plant and temporary works which the contractor intends to supply, use or construct as the case may be. The submission to and approval, if any, by the Employer or his representative of such programs or particulars shall not relieve the contractor of any of his duties or responsibilities under the contract. CONTRACTOR'S EMPLOYEES The contractor shall provide and employ at site in connection with the execution and maintenance works. Only such technical assistance as are skilled and experienced in their respective fields and such subagents, foreman and leading hands as are competent to give proper supervision to the work they are required to supervise and, Such skilled, semi-skilled and un-skilled labour as is necessary for the proper and timely execution and maintenance of works. REMOVAL OF WORKMEN The Project Manager/Employer shall be at liberty to object and request the contractor to remove forthwith from the works any person employed by the contractor in or about the execution or maintenance of the works who in the opinion of the Project Manager/Employer misconducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Employer to be undesirable and such person shall be replaced by the contractor without delay by a competent substitute approved by the Project Manager/Employer. COMMUNICATIONS TO BE IN WRITING All references, communications, correspondences made by the Employer or contractor, and their representatives concerning the works shall be in writing and no reference, communication, or complaint which is not in writing, shall be recognized. OCCUPATION AND USE OF LAND No land, building belonging to or in the possession of the Employer shall be occupied by the contractor unless he is authorized to do so for the construction of Site offices/ Stores/ Labour colony. The contractor shall not use, or allow to be used, the site for any purpose other than that for executing the works.

.5

.6

.7

.8

.9 a)

b) .10

.11

.12

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.13 CONSTRUCTION OF SITE SHED/CRECHE ETC Any site shed, proposed to be temporarily constructed by the contractor for his office work, storage of materials etc., shall conform to the standard sketch, or to the plan approved by the Project Manager/Employer. Permission for the construction of such shed shall be obtained in writing. The contractor at his cost shall construct & maintain a creche for the entire duration of the project. .14 MATERIALS, TOOLS AND PLANT All materials required for the execution of the works other than those mentioned in the Notice Inviting Tender shall be supplied by the contractor. Materials so supplied shall have the approval of the Employer before using on the works within 30 days. All the rejected materials shall be removed at once from the site of work at the contractor's own cost. TOLLAGES ETC. The contractor shall pay all tollages and other royalties, rent and other payments or compensations, if any for getting stone, gravel, sand, clay and all other materials required for the works. SETTING OUT The contractor shall be responsible for the true and proper setting out of the works and for the correctness of the positions, levels, dimensions and alignment of all parts of the works and for the provision of all necessary instruments, appliances and labour in connection therewith. If at any time during the progress of the works any error shall appear or arise in the position, level, dimensions or alignment of any part of the works, the contractor on being required to do so by the Employers or Employer's representative, shall at his own cost rectify such error to the satisfaction of the Employer or his representative. The checking of any setting out or of any line or level by the Employer or his representative shall not in any way relieve the contractor of his responsibility for the correctness thereof. The contractor shall provide all necessary instruments, appliances and labour required by the Employer or his representative for checking, if any, of the setting out. The contractor shall carefully protect and preserve all benchmarks, site levels, pegs and other things used in setting out the works. The rates quoted for the work shall not only include the cost of setting out but also the cost of reference and level pillars and their dismantling, when no longer required. DAMAGE TO PERSONS The contractor shall indemnify and keep indemnified the employer against all losses and claims for injuries or damages to any person whatsoever which may arise out of or in consequence of the construction and maintenance of the same and against all claims, demands, proceedings, damages, costs, charges, expenses, whatsoever in respect thereof in relation thereto. CO-OPERATION WITH OTHER AGENCIES The contractor shall co-operate with the work of other agencies or contractors that may be employed or engaged by the employer and as far as it relates to the contractor's work. The sequence of work shall be so arranged that the works of other agencies are also in progress simultaneously. The contractor shall also provide temporary access for other agencies to carry out their scope of work. The contractor shall also co-operate in terms of drinking water, sanitations, etc. with other agencies. BARRICADING AROUND EXCAVATED TRENCHES ETC. The contractor shall at his own cost provide around excavation temporary barricading with poles and bamboos with proper warning signals during day and night to the satisfaction of the Project Manager and shall maintain it so long as the trenches are not filled up. Similar barricades shall also be provided at all dismantling work, erection or structural, sheeting work etc. No extra claim shall be entertained for providing, maintaining and removing such barricades. FABRICATION DRAWINGS Contractor shall prepare at his own cost all fabrication drawings of all structural steel works and submit them to the Project Manager/ Consultants for their approval at least before 15 days of commencing the fabrication. All the details like sizes, capacities, dimensions, arrangement of fabrication etc., should be clearly indicated on these drawings. PROTECTION OF UNDERGROUND SERVICES The contractor shall undertake a survey to detect underground services such as live electric cables, sewer & water lines, gas pipes & shall take precautionary measures to protect such underground services lines as directed by the Project Manager & divert such services wherever necessary due to construction works at his own cost.

.15

.16

.17

.18

.19

.20

.21

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.22 DE-WATERING TRENCHES AND PITS The tendered rates shall always be deemed to have taken into account the cost of removal of silt and materials that may slip in the trenches and pits and de-watering the trenches or pits of water accumulated or collected through seepage or subsoil water or rain water. The contractor shall in no case be entitled to claim any extra amount for the above work. The contractor shall remain prepared with necessary pumps and equipment for de-watering the trenches or pits so as to avoid unnecessary delay and possible damage to the property etc. WORK IN OR AROUND OPERATING PLANT OR OFFICES ETC. Where the work is being carried out in or around an operating plant or office premises, where the plant requires to run continuously, the contractor shall be requested to work only at specified places and times as agreed/ directed by the Project Manager. Similar arrangement must be made while executing works inside the offices, buildings, etc., without causing disturbance to the office work. For this the work may be required to be done during off-hours and Sundays. No extra will be allowed beyond the rates quoted for doing work in the manner described above. WORK IN SHIFTS AND OFF-DAYS The contractor shall work in one or more shifts as also on Sundays and off days to complete the work in time, if so required by the Employer for which the employer shall not be liable to pay any extra. If instructed by the Employers, the contractor should carry out the work in night also.

.23

.24

.25

SITE ORDER BOOK A site order book must be maintained and always be available at site to record the instructions by the Project Manager or his representative. The contractor must see that the instructions noted therein are properly carried out. DELAY IN OBTAINING MATERIALS SUPPLIED BY THE EMPLOYER If, the employer has undertaken to supply any material specified in the special conditions at rates and conditions cited therein, the contractor shall keep himself in touch with day-to-day position regarding the supply of materials from the employer and so adjust the progress of the works that labour may not remain idle. RECORD OF MATERIALS SUPPLIED BY THE EMPLOYER The contractor shall maintain an account of different materials obtained from the employer for executing the works under the contract. The Employer shall have the right to check the position of materials at all times. SAFE STORAGE OF MATERIALS The contractor shall be responsible for the safe storage of materials supplied by the employer for execution of the works. Surplus materials or materials lost or damaged or unaccounted for or made unserviceable by the contractor shall be charged at twice the prevailing market price. MATERIALS SUPPLIED BY THE EMPLOYER All those materials, which are to be supplied by the employer, shall be supplied at the site of work. Contractor shall unload these materials and carry it to his place of storage at his own cost. SITE TO BE KEPT CLEAR The surplus spoil and dismantled debris shall be removed to a place as directed by the Employer and stacked, leveled and dressed as directed. CONFLICT IN MEANING BETWEEN SCHEDULE OF RATES & SPECIFICATIONS The schedule of rates shall be read in conjunction with the specifications, and in the event of conflict in meaning between the two, the corresponding item in the unit rate specification shall always have precedence over the general specifications. LABOUR LABOUR RULES In respect of all labour directly or indirectly employed on the works by the contractor, the contractor shall comply with the provisions of the contract labour (Regulation and Abolition) Act 1970, latest Minimum Wages Act 1948, latest Payment of Wages Act 1936 or latest and any amendments thereof and

.26

.27

.28

.29

.30

.31

5. .1

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all legislation and rules of the state and/or Central Government or other local authorities, framed from time to time, governing the protection of health, sanitary arrangements, wages, welfare and safety for labour employed on building and construction works and for bonus, retirement benefits, retrenchment/lay off, compensation and all other matters involving liabilities of employers to employees/workers. The rules and the other statutory obligations with regard to fair wages, welfare and safety measures, and maintenance of register etc., will be deemed to be part of the contract. .2 REPORTING ACCIDENT OF LABOUR The contractor shall be responsible for the safety of all employees and/or workers employed or engaged by him on and in connection with the works and shall forthwith report all cases of accidents to any of them, however caused and whenever occurring, to the Project Manager or his representative and shall make every arrangement to render all possible assistance and aid to the victims of the accident. The contractor shall also appoint separate safety engineer to supervise/monitor the safety aspects for the complete duration of the project PROVISIONS OF WORKMEN'S COMPENSATION ACT The contractor shall at all times indemnify and keep indemnified the employer against all claims for compensation under the provisions of the Workmen's Compensation Act 1923 or any other law for the time being in force by or in respect of any workmen employed by the contractor in carrying out the contract and against all cost and expenses or penalties incurred by the employer in connection therewith. In every case in which, by virtue of the provision of the said Act, the employer is obliged to pay compensation to a workmen employed by the contractor in executing the works the employer shall recover from the contractor the amount of the compensation so paid and without prejudice to the rights of the employer under the said Act. The employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any amount due by the employer to the contractor, whether under this contract or otherwise without prejudice to any other remedy that may be available to the employer in law. The employer shall not be bound to contest any claim made against it under the said Act, except on the written request of the contractor and upon his giving to the employer full security for all cost for which the employer might become liable in consequence of contesting such claim. ACCIDENT OR INJURY TO WORKMEN The employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workmen or other person in the employment of the contractor or his sub contractors, 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 thereof or in relation thereto. PROVISIONS OF MINES ACT The contractor shall observe and perform all the Provisions of the Mines Act 1952 where applicable or any statutory modifications thereof and shall indemnify and keep in the indemnified the employer from and against any claim under the said Act. PRESERVATIONS OF PEACE The contractor shall take requisite precautions to prevent any riotous or unlawful behavior by or amongst his workmen and/or others employed on the works by him, for the preservation of peace and protection of the inhabitants and security of property in the neighborhood of the works. AGE LIMIT OF LABOUR The age limit for employment of labour shall be in strict accordance with the existing labour legislation. LABOUR EMPLOYED The contractor, if required by the Employer, shall submit reports in detail in such form and that such interval as the Employers may prescribe showing number of different classes of labour employed on the works from time to time by the contractor. OBSERVANCE BY SUB-CONTRACTOR The contractor shall be responsible for the observance of the provisions of aforesaid clauses by the subcontractors employed by him in the execution of the contract.

.3

.4

.5

.6

.7 .8

.9

6.

MATERIAL TESTS AND WORKMANSHIP

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.1 QUALITY OF MATERIALS, WORKMANSHIP AND TESTS All materials and workmanship shall be of the respective kinds described in the contract & tests shall be carried out as specified in the Technical Specifications of the Contract to the satisfaction of Project Manager or their representatives. The contractor shall provide all assistance, viz, instruments, machines, labour and materials, as are normally required for examining, measuring and testing any work and the quality, weight or quantity of any material used and shall supply samples of materials before incorporation in the works for approval as may be required by Project Manager/ Employer/ Architect. CONSTRUCTION OF PROTOTYPES OR SAMPLES OF WORK The contractor shall construct prototypes or samples of work as laid down in the contract or as instructed by the Employer. Such prototypes or samples of work, after approval by the Employer, shall serve as the standards to be achieved in the final construction. COST OF SAMPLES All samples shall be supplied by the contractor at his own cost. COST OF TESTS The cost of conducting tests on materials either supplied by the employer or otherwise, as per specifications shall be borne by the contractor. Contractor should arrange for all instruments and equipment that may be required for conducting tests. .5 INSPECTION OF OPERATION The Project Manager/ Employer/ Architect or their representative/s shall at all times have access to the works and to the site and to all workshops and places where materials, catalogues, manufactured articles or machinery are being obtained for the works and the contractor shall afford every facility for any every assistance in or obtaining the right to such access. EXAMINATION OF WORK BEFORE COVERING UP No work shall be covered up or put out of view without the approval of the Employer of the Employer's representative and the contractor shall afford full opportunity to the Employer or the Employer's representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. The contractor shall give due notice to the Employer's representative wherever any such work or foundations is or are ready or about to be ready for examination and the Employer's representative shall without unreasonable delay, unless he considers it is unnecessary and advises the contractor accordingly, attend for the purpose of examining and measuring such work or of examining such foundations. UNCOVERING AND MAKING OPENING The contractor shall uncover any part or parts of the works of make openings in or through the same as the Employer may, from time to time, direct and shall reinstate and make good such part or parts to the satisfaction of the Employer. If any such part or parts have been covered up or put out of view after complaints with the requirements hereof and found to be executed in accordance with the contract the expenses of uncovering, making openings in or through, reinstating and making good the same shall be borne by the employer, but in any other case all such expenses shall be borne by the contractor and shall be recoverable from him by the employer and deducted by the employer from any money due or which may become due to the contractor, without prejudice to any other remedy that may be available to the employer in law. REMOVAL OF IMPROPER WORK AND MATERIALS The Employer or his representative shall during the progress of the works, have power to order in writing from time to time: The removal from the site within such time or times as may be specified in the order of any materials, which in the opinion of the Employer or his representative are not in accordance with the contract. The substitution of proper and suitable materials. The removal and proper re-execution notwithstanding a previous test thereof or interim payment therefore of a work which in respect of materials or workmanship is not in the opinion of the Employer or his representative in accordance with contract. SUSPENSION OF WORK

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.3 .4

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a) b) c)

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The contractor shall, on the written order by the Project Manager/ Employer suspend the progress of the works or any part thereof for such time or times and in such manner as the Employer may consider necessary and shall during such suspension, properly protect and secure the work, so far as is necessary in the opinion of the Project Manager/ Employer.

7.
.1

TIME OF COMPLETION AND TAKING OVER


POSSESSION OF SITE Save in so far the contract may prescribe the extent of portions of the site of which the Employer is to be given possession from time to time and the order in which such portions will be available to him and subject to any requirement in the contract as to the order in which the work shall be executed, the Employer shall give to the contractor possession of so much of the site as may be required to enable the contractor to commence and proceed with the construction of the works in accordance with such reasonable proposals of the contractor as he will make in writing to the Project Manager/ Employer and shall, from time to time as the work proceeds give the contractor possession of such further portions of the site as may be required to enable the contractor to proceed with the construction of the works in accordance with the said programme or proposal. TIME OF COMPLETION Time is deemed to be the essence of this contract and the whole of the works shall be completed within the time stipulated or within such extended time as has been allowed above. EXTENSION OF TIME OF COMPLETION Should the amount of extra or additional work of any kind or changes in scope of work or other special circumstances of any kind whatsoever which may occur, be such as fairly to justify the contractor's request for extension of time for the completion of the works the Project Manager/ Employer shall determine the amount of such extension and with the advise of the Project Manager shall intimate the contractor in writing, provided that the Employer is not bound to take into account any extra or additional work or other special circumstances unless the contractor has within 28 days, after such work has been commenced or such circumstances have arisen, submitted to the Employer full and detailed particulars of any such request to the extension of time to which he may consider to be justified. EXTENSION OF COMPLETION TIME DUE TO STRIKE, FIRE, ETC. If in the opinion of the Employer the progress of the work has at any time been delayed by strikes, fire, inclement whether, un-avoidable causalities etc., beyond the control of the contractor then the time of completion of the work may be extended for such reasonable time as the Employer may decide and this will be indicated in writing. WORK TREATED AS COMPLETE The works shall not be treated as complete until: The site is clear from all materials, site shed, etc., and the Employer is satisfied with the job done by the contractor. The contractor has submitted the reconciliation statement regarding the stores received from the employer, hand all the surplus and salvaged materials are returned to the stores. All equipment, tools, and plant taken from the employer have been returned by the contractor. Any other material, taken on loan/transfer from other agency have been returned by the contractor. All power and water supply connections taken for the execution of the works have been disconnected by the contractor. Rectification of any damage done by the contractor to the work executed have been satisfactorily done by the contractor. The works shall not be considered as completed until the Project Manager/ Employer has certified in writing that they have been virtually completed, taking in the opinion of the Architect, and the Defects Liability Period shall commence from the date of such certificate. TAKING OVER After completion of works or any substantial part of the works before the completion of the whole of the works, the contractor shall notify the Project Manager/ Employer in writing, who within 15 days of

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.5 a) b) c) d) e) f) g)

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receipt of the said notice shall give such certificate/s with respect to any substantial part of the works which has been both completed to the satisfaction of the Project Manager/ Employer after taking in the written confirmation of the Architect or refuse to issue the same stating the reasons thereof in writing. When any such certificate is given in respect of a part of the works, such part shall be considered as completed for the purpose of taking over and computation of the period of maintenance of such part, that is, such period shall commence from the date of completion of such part of the works as certified. The works in whole or part shall not, however, be treated as completed for the purpose of other relevant clauses hereof unless and until the provisions of clauses hereof are fully complied with. .7 MAINTENANCE For a period of twelve months commencing immediately from the date of Virtual Completion issued,, the contractors liability shall be to replace the defective parts, rectify/reconstruct the defective work that may develop of his own construction or those of his sub-contractors approved by the employer arising from faulty materials or workmanship. If it is necessary for the contractor to rectify/reconstruct any defective portions of the work under the contract, the provision of this condition shall apply to the portions of work so replaced or renewed until the expiration of three months from the date of such replacement or renewal or until the end of the above mentioned period of twelve months, whichever may be later. If any defects be not remedied within a reasonable time the employer may proceed to do the work at contractor's risk and expense, but without prejudice to any other rights, which the employer may have against the contractor in respect of such defects. The contractor shall bear the cost of such repairs/rectification carried out on his behalf at site. Immediately upon expiry of the defects liability period, the Employer shall issue a final certificate indicating that the contractor has completed his obligation under the contract.

8.
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TERMINATION OF CONTRACT
TERMINATION OF CONTRACT If the contractor has abandoned the contract or has failed to proceed with the work with due diligence or the progress of any particular item or items is slow or he has failed to execute the work in accordance with the specifications, neglecting to carryout his obligation under the contract, then it shall be lawful for the employer to terminate the contract forthwith under written notice and to proceed with the balance of the work through any other agencies. During the course of execution of the job, in case the contractor has done any substandard work, he shall be asked in writing to dismantle and re-do the same at his own expenses. If the contractor fails to comply with the above instructions immediately, then the Project Manager/ Employer shall proceed with the above rectification work, through another agency or agencies. Similarly, if the contractor goes slow on any particular item or items of work, the Project Manager/ Employer shall have the right to execute this item or items through another agency or agencies, including its own department. The Project Manager/ Employer reserves the right to delete any particular item of work from contractors scope for whatsoever reason after giving notice in writing to the contractor. BACK CHARGING THE CONTRACTOR Extra cost and expenses incurred for completing the work or balance work or carrying out the rectification of any work as mentioned above through another agency or agencies including its own department shall be debited to contractors account and shall be recovered from any money due or that may become due to the contractor without prejudice to any other remedy that may be available to the employer in law. The Project Manager/ Employer reserves the right to terminate the Contract in the eventuality of death or insolvency of the contractor.

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9.
.1

ALTERATIONS, ADDITIONS AND OMISSIONS


VARIATION The Project Manager/ Employer shall be entitled to make any variation of the quality or quantity of the works or any part thereof that may in his opinion, be necessary and for that purpose, or if for any other reason it shall, in his opinion be desirable, he shall have power to order the contractor to do and the contractor shall do any of the following: increase or decrease the quantity of any work included in the contract. omit any portion of work.

a) b)

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c) d) e) change the character or quality or kind of any such work. change the levels, lines, position and dimensions of any part of the works and, execute additional work of any kind necessary for the completion of the works, and no such variation shall in any way vitiate or invalidate the contract but the value, if any, of all such variations shall be taken into account in ascertaining the amount of the contract price. ORDERS FOR VARIATIONS TO BE IN WRITING No such variation shall be made by the contractor without an order in writing of the Project Manager/ Employer, provided that no order in writing shall be required for increase or decrease in the quantity of any item of work where such increase or decrease is the result of the actual quantities exceeding or being less than those stated in the schedule of quantities which are estimates. In such cases, the contractor shall be paid only for the actual quantity of work done as certified by the Project Manager at the accepted unit item rates and no compensation shall be allowed. Provided also that if for any reason the Project Manager/ Employer shall consider it desirable to give any such order verbally, the contractor shall comply with such order but it must be followed by confirmation in writing of such verbal order given by the Project Manager/ Employer, which shall be deemed to be an order in writing within the meaning of this clause. ITEMS OF AD-HOC NATURE The contractor shall procure necessary materials and carry out miscellaneous work of ad-hoc nature specifically provided with necessary tools and tackles as may arise during execution of the contract. The actual quantum of work shall be certified and settled by the Employer and payment for the same shall be fixed on the basis of actual cost plus overheads, profits and establishments taken at 10% of the cost. CLAIMS The contractor shall send to the Project Manager/ Employer's representative an account, giving full and detailed particulars with proper analysis of all claims for any additional expense to which the contractor may consider himself entitled and of all extra items of work ordered by the Project Manager/ Employer, which he has executed, within one month of execution of such work, and no claim for payment for any such work will be considered which has not been included in such particulars. Provided always that the Project Manager/ Employers shall be entitled to authorise payment to be made for any such work not withstanding the contractors failure to comply with this condition, if the contractor has at the earliest practicable opportunity notified the Project Manager/ Employer in writing, that he intends to make a claim for such work.

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MEASUREMENTS
QUANTITIES The quantities set out in the schedule of quantities are the estimated quantities of the work. They are not to be taken as the actual and correct quantities of the works, to be executed by the contractor in fulfillment of his obligations under the contract. WORKS TO BE MEASURED The Project Manager/ Employer shall, except as otherwise stated, ascertain and determine by measurement the value in terms of the contract. He shall, whenever required any part or parts of the works to be measured, give notice to the contractor's authorised agent or representative, who shall forthwith attend or send a qualified agent to assist the Employer or his representative in making such measurement, and shall furnish all particulars required by either of them. Should the contractor not attend or neglect or omit to send such agent, then the measurement made by the Project Manager/ Employer or approved by him, shall be taken to be the correct measurement of the work. METHOD OF MEASUREMENT The works shall be measured net in accordance to relevant BIS codes notwithstanding any general or local custom, except where otherwise specifically described or prescribed in the contract. PROVISIONAL SUMS "Provisional Sum" means a sum included in the contract and so designated in the schedule of quantities for execution of works or the supply of goods, materials or services or for contingencies, which sum may be used, in whole, or in part, or not at all, at the direction or discretion of the Project Manager/ Employer. The contract price shall include only such amounts in respect of the work, supply or services to which provisional sums relate as the Project Manager/ Employer shall approve or determine.

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The contractor shall when required by the Project Manager/ Employer, produce all quotations, invoices, vouchers, and accounts or receipts in connection with expenditure in respect of provisional sums.

11
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SETTLEMENT OF DISPUTES
MATTER TO BE SETTLED BY PROJECT MANAGER All disputes and differences of any kind arising out of or in connection with the interpretation of this contract whether during the progress of the works or during defects liability period shall be referred by the contractor to the Project Manager through the employer and the Project Manager shall within a reasonable time after their presentation make and notify his decisions/recommendations thereon in writing. The decisions, directions, clarifications, measurements, drawings and certificates with respect to any matter the decision for which is specially provided for by these or other special conditions to be given and made by the Project Manager are matters which are referred to hereinafter as excepted matters and shall be final and binding upon the contractor and shall not be set aside on account of non-observance of any formality, any omission, delay or error in proceeding in or about the same or on any other ground or for any reason and shall be without appeal. In the event of any dispute or difference between the parties here to as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute of difference on any account or as to the withholding by the employer of any certificate to which the contractor may claim to be entitled to or if the employer fails to make a decision within a reasonable time, then and if any such case, but except in any of the excepted matters referred to in the above clause, the contractor after 90 days of his presenting his final claim on the disputed matters, may demand in writing that the dispute or difference be referred to arbitration. Such demand for arbitration shall specify the matters, which are in question, dispute or difference, and only such dispute or difference other than excepted matters of which the demand has been made and no other dispute or difference shall be referred to the arbitration of an officer of the employer. The provisions of the latest Indian Arbitration Act, for the time being in force or of any other Act of the legislature passed in substitution thereof or modifications thereof and for the time being in force shall apply to such arbitration . ARBITRATION In the event of any question or dispute arising under these conditions or any special conditions of contract or in connection with this contract (except as to any matters the decision of which is specially provided for by these conditions), whether during the progress of work or after their completion and whether before or after the determination, abandonment or breach of contract, the same shall be referred to the award of an arbitrator to be nominated by the Employer and an arbitrator to be nominated by the contractor or in case of the said arbitrators not agreeing then to the award of and umpire to be appointed by the arbitrators in writing before proceeding on the reference and the decision of the arbitrators, or in the event of their not agreeing, of the umpire appointed by them shall be final and conclusive and the latest Indian Arbitration Act, and of the Rules hereunder and statutory modification thereof shall be deemed to apply to and be incorporated in this contract. The venue of the arbitration proceedings, unless otherwise mutually agreed upon shall be the registered office of the Employer. The cost of and incidental to the arbitration proceedings and award respectively shall be in the discretion of the arbitrators and the umpire as the case may be. The award of the arbitrator or umpire as the case may be shall be final and binding on all the parties. Provided however, the Employer shall not withhold any payments due to the contractor nor the contractor in any way delay the carrying out of the works by reason of any such matter, question or dispute having been referred to arbitration. The contractor shall proceed with the work with due diligence and shall until the award of the arbitrators or the umpire as the case may be, be published abide by the decision of the employer and no award of arbitrators or umpire shall relieve the contractor of his obligation to adhere strictly to the engineers instruction with regard to the actual carrying out of the works.

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12.
.1

NOTICES
SERVICE OF NOTICE ON CONTRACTOR All certificates, notices or written orders to be given by the Project Manager or by the Employer to the contractor under terms of the contract shall be served by sending by post or delivering the same to the contractor's place of business or such other address as the contractor shall nominate for this purpose. SERVICE OF NOTICE ON EMPLOYER All notices to be given to the employer under the terms of the contract shall be served by sending by post or delivering the same to the employer's address.

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13.

LABOUR SHEDS AND HOUSING


Contractor shall not be allowed to house or have temporary dwelling units for any labour within the site of works unless they are specifically permitted by the Employer.

14.

SECURITY AND YARD LIGHTING


Contractor at his own cost shall deploy security guards to keep the area secure and shall also have the project site sufficiently illuminated with security lights.

15.

LABOUR IDENTITY
The contractor at his own cost shall provide identity cards for all his workers. The identity card shall contain contractors name, worker name, nature of employment, date of issue/expiry, etc. with employers signature.

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GENERAL SPECIFICATIONS
MATERIAL & WORKMANSHIP - GENERAL 1. GENERAL SPECIFICATION
These GENERAL SPECIFICATIONS should be read along with the relevant specifications, referred to in the detailed specification, applicable to the work in addition to specifications given below and the drawings mentioned in these documents shall be deemed to apply to the works unless mentioned otherwise in the tender documents, in which case the provisions in the tender document shall take precedence.

2.

NAME-BOARD
A name-board, if required, shall be made as per drawings and displayed at site at an approved location. The contents of the board shall be as follows: Name of the project Name of the employer Employer/Technical Consultants with their address Contracting agency Care should be taken to see that the height of letters specially for the Employer/Technical Consultants should not be more than 2" to abide by the code of professional conduct prescribed by the Indian Institute of Employers. The colour, texture etc., of the board shall be as per the Employer's instructions.

3.

DRAWINGS, INSTRUCTIONS & MEASUREMENTS


The contractor shall strictly adhere to the working drawings or detail drawings and written instructions of the Employers. No working drawing or detail drawing shall be scaled. Figured dimensions alone shall be followed. Measurements shall be recorded of the actual work done. However, the quantum of work over and above that indicated in the working of detail drawings shall not to be recorded unless the same is brought to the notice of the Employers. Mode of measurement shall be generally in accordance with IS1200 for measurement of building works unless otherwise specified. An approved metallic tape shall be used at site and utmost care shall be taken to see that the same is preserved in good condition throughout the period of execution. The contractor is directed to deposit an identical tape with the Employers so that in case the tape at site is lost or damaged another identical tape could be purchased after comparing it with the one deposited with the Employers.

4.

TESTING OF WORKS AND MATERIALS


If required by the Employers the contractor shall arrange to test materials and portions of the work in order to prove their soundness and sufficiency. If, after any such test and in the opinion of the Employers the materials or workmanship is found defective or unsound, the contractor shall pull down and reexecute the same at his own cost. All materials deemed defective in the opinion of the Employers shall be removed from the site immediately.

5.

CLEARING THE SITE


The "SITE" as indicated in the plan shall be cleared of all obstacles, loose boulders or stones and materials, ash and rubbish of all kinds as well as brushwood. All holes and hollows, whether originally existing or produced by removal of loose stones or brushwood shall carefully be filled up with earth, well rammed and leveled. The site all round the building upto a distance of 10-10' shall be well dressed. The maximum cutting or filling being 1-0", no extra for this shall be paid.

6.

SITE CLEANLINESS

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The contractor shall see that the site always remains in a presentable condition during the execution work. The construction work should display a marked degree of discipline. On completion of the work, the contractor shall at his own expenses, remove all surplus materials, debris and rubbish of every description from the buildings, and site and shall find a place for depositing the same. He shall remove all paint and whitewash stains, rub all floors, paving, etc., and shall leave everything clean, watertight and perfect to deliver the buildings fit for occupation.

7.

TREES
As far as possible trees shall be preserved unless otherwise instructed by the Employers. If any trees have to be cut, it shall form an extra item for which the contractor shall be paid separately at the rates detailed by the Employers. A tree shall be defined as a growth whose diameter of the trunk at the base is more than 12" and the height is more than 12'.

8.

TEMPORARY PROTECTION
All trenches, old and new walls, newly laid concrete or any other work requiring protection from inclement weather or accidental injury shall be protected by means of tarpaulins or in any other suitable manner to keep the work safe from damage.

9.

MATERIALS AND WORKMANSHIP


The whole of the materials used on the work shall be new and of the best quality of their respective kind. Other articles, tool, plants shall be the best of the several kinds available in the market and shall be used in the best, most workmanlike, and most substantial manner to the complete satisfaction of the Architect/Project Manager and Employer.

10.

SAMPLES OF MATERIAL
The contractor shall deposit at the office of the Employers for their approval samples of the materials proposed to be used in the works, at least 15 days before placing the order supply, and the bulk shall be equal in every respect to the approved samples deposited .

11.

SAMPLES OF WORKMANSHIP
The contractor at his own expense shall prepare samples of all joinery, cornice, parapets, mouldings, enrichments, etc., and shall obtain the approval of the Architect/Employer/Project Manager to the same before putting the work in hand. If so required by the Employers the contractor at his own expense shall prepare the same and submit a second sample of each individual item of work. If the Employers require more than two samples to be made of any individual item of work, the contractor shall prepare the same and shall be paid the actual cost of preparing the third and any subsequent samples of such individual item.

12.

SKILLFUL WORK - PEOPLE TO BE EMPLOYED


The contractor shall employ only experienced competent, skillful work -people to do the work and whenever the Employers inform him in writing that any man on the work, is in their opinion, unsatisfactory, or incompetent or dishonest or untruthful or disorderly or otherwise unsuitable, such men shall be discharged from the work and shall not be employed again on the job.

13.

SAND ETC., AT THE SITE


Sand, gravel or other materials obtained on the site shall be used only by the special permission of the Employers. Such permission shall be obtained by the contractor in writing before such material is used in the works and its agreed value shall be deducted from the amounts due to the contractor.

14.

DEPOSITING DEBRIS ON SITE

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Wherever it is stated in the schedule of quantities that debris shall be deposited on the site, the rate quoted by the contractor shall include for making all required excavations for receiving or covering the debris within the limits of the site and neatly spreading the debris, and covering the same with earth to the depth of at least 4". If so ordered by the Employers, the contractor shall deposit and spread debris to form the foundations of roads, drives, paths, floors etc., in such cases, the contractor shall be entitled to payment only for consolidating the debris used for such foundation.

15.

CASING UP
The contractor at his own expense shall board up all wood, stone, brick and other work liable to injury and shall remove such casing when required or on completion of the work. He shall thoroughly clean down the whole of the stonework etc., and make good any damage or defects.

16.

PROTECTING FINISHED FLOORS, WALLS & DADO


The contractor at his own expense, shall keep all finished floors covered with a good layer of sand or Plaster of Paris or shall otherwise protect them to the satisfaction of the Employers and shall clean the same when necessary and shall make good all damage and leave it clean and perfect.

17.

EXISTING DRIVES ETC.,


From the commencement of the contract until the work is handed over finally, the contractor at his own expense shall maintain to the satisfaction of the Employers all private roads, drives, paths, cart-tracks, etc., over which traffic passes in connection with the works. Upon completion of the work, the contractor at his own expense shall provide all necessary materials and shall make good all damage, consequent upon the execution of the work and shall leave such private roads, etc., in good order to the satisfaction of the Employers.

18.

REINSTATING COMPOUND
The contractor at his own expense shall reinstate to the satisfaction of the Employers all parts of the compound disturbed by the building operations.

19.

STORAGE
Safe, dry and proper storage shall be provided for all materials, particularly for materials like cement. Adequate storage should be made at least sufficient for 3 months during active construction.

20.

SPECIAL MATERIALS
If the materials of a particular brand are specified in the schedule these shall be procured accordingly from approved manufacturers. These shall include materials such as:

a) b)

Bitumen & bituminous compounds, water proofing, hardening compounds, special paints, acoustic insulation bounds and other finishing materials. The contractor shall procure necessary guarantees from the manufacturers and furnish the same to the Employers.

21.

SITE ORDER BOOK


Throughout the construction period, the contractor shall at his own cost maintain a site order book, machine numbered pages in triplicate, observations and remarks pertaining to construction, directions or instructions from the Project Manager/Architect//Consultant and other authorised persons can be issued to contractors.

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SPECIAL CONDITIONS OF CONTRACT


GENERAL
SPECIAL CONDITIONS OF CONTRACT shall be read in conjunction with GENERAL CONDITIONS OF CONTRACT and both form an integral part of contract. Where the two are at variance, the conditions stipulated in this, as SPECIAL CONDITIONS shall supersede relevant GENERAL CONDITIONS.

1.

MATERIALS SUPPLIED BY EMPLOYER


All those materials, which are to be supplied by the employer, shall be supplied at the site of work. The contractor shall maintain and submit re-conciliation statement of all the materials supplied by the Employer.

2.
.1

BILLING, CERTIFICATION & PAYMENT OF BILLS


BILLING The contractor shall prepare measured interim bills and submit the same as mentioned in point # 6 of Appendix-A and submit the bill to the Project Manager for checking and forwarding to the Employer for issue of Interim Certificates. The Project Manager, at his sole discretion, may decide to carry out a random audit of the verified bills & measurements before issue of any of the payment certificates. The contractor shall afford all reasonable assistance and cooperation to the Project Manager or his representatives in carrying out the said audit.

.2

PAYMENT OF INTERIM BILLS The contractor shall be paid by the employer from time to time in installments under interim certificates to be issued by the Project Manager to the contractor on account of the works executed when in the opinion of the Employers work of approximate value named in Appendix-A as "Interim Payments", (or less at the reasonable discretion of the Employers) has been executed in accordance with this contract, subject however, to a retention of the percentage of such value named in the Appendix-A hereto as "Retention Money. The contractor shall be paid the net amount as under after inspection of the quality & quantity by the authorised person.

Gross value of work done A DEDUCTIONS:

Retention 5% on `A' B Value of materials issued by the employer, if any, at the agreed basic rate (actually used by the contractor in the work completed up to that period) C Previous payments certified D' Any other deductions (Mobilisation Advance, etc.,) E Total deductions F' Net bill value (A-F)

.3

RELEASE OF RETENTION MONEY & SECURITY DEPOSIT When the works have been virtually completed and the Project Manager have certified in writing that they have been completed, the contractor shall be paid by the employer in accordance with the certificate to be issued by the Project Manager, half of the retention amount along with security deposit. The contractor shall be entitled to the payment of the final balance in accordance with the Final Certificate to be issued in writing by the Project Manager at the expiration of the period referred to as "The defects liability period", in Appendix-A hereto from the date of virtual completion or as soon after the expiration of such period as the works shall have been finally completed and all defects made good according to the true intent and meaning hereof whichever shall last happen, provided always that the

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issue by the Project Manager of any certificate during the progress of the works, or after their completion shall not relieve the contractor from his liability under defects after completion clause. In case of fraud, dishonesty or fraudulent concealment relating to the works or materials or any matter dealt with in the certificate and in case of all defects and insufficiencies in the works or materials which a reasonable examination would not have disclosed. No certificate of the Project Manager shall in itself be of conclusive evidence that any works or materials to which it relates are in accordance with the contract. The Project Manager/ Employer shall have power to withhold any certificate if the works or any part thereof is not being carried out to their satisfaction.

3.

MATERIAL TESTS
The contractor shall provide such assistance, instruments, machines, labour and materials as are normally required for examining, measuring and testing. The contractor shall install a compression-testing machine at site to test concrete cubes and solid blocks. The contractor shall maintain a record of all the test results in an approved format and periodically submit the same for Project Managers/ Employer's scrutiny.

4.

PLANT, MACHINERY, EQUIPMENT AND MAN POWER


The contractor is obliged to furnish to the employer detailed list of equipment, plant, machinery & personnel proposed to be deployed in this project.

5.

EMPLOYER'S & ARCHITECT'S OFFICES & FACILITIES


The contractor shall supply, erect and satisfactorily maintain in good repair until final completion of works, a well lighted temporary site office, toilets, sample room, discussion room, etc. for use by the Architect/Project Manager/ Employer. The contractor shall furnish all the furniture required for the site office to facilitate the Project Manager to conduct site meetings, etc. The contractor shall also provide all items for the duration of the contract such as survey instruments for the exclusive use of consultants as directed by consultants for carrying out of his duties in connection with the contract.

Such instruments which must be approved by the Employer, shall include but not limited to the following: One theodolite and tripod capable of reading to 20 seconds. One level with horizontal circle and tripod. Two metric leveling staffs not less than 3.5mtr high. One 100 meter rust-less steel band, one 30 meter rust-less steel tape and two 30 meter linen tapes. An adequate number of ranging rods drop arrows, wooden setting-out pegs, etc. The contractor shall be solely responsible for all such instruments and equipments and shall ensure that they are at all times in good repair and adjustment.

6.

SANITATION & DRAINAGE DURING CONSTRUCTION


The contractor shall provide sanitation and drainage facilities on the site as stated subsequently. The contractor shall strictly control the labour so that the site is not polluted, made dirty or littered with debris, wastes or the likes. Any person found creating mess or litter or pollution should be removed from the site immediately at contractor's cost. The contractor shall provide sanitation facilities at convenient locations on site to preserve the cleanliness of the site. The effluent shall be directed as follows: Waste water : Collection and pumping out and disposal off the site in approved manner. Sewage : Septic tank provision - sludge to be collected and disposed off at intervals as directed. The location of the above provisions shall be as marked on the site mobilisation scheme drawing.

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7.

DISCREPANCIES
The contractor shall bring to the notice of the Employer any discrepancies within or between contract drawings and/or the other contract documents prior to preparation of working drawings and commencement of work and shall not proceed with work until the Employer gives clarifications and instructions to proceed.

8.

ACCESS TO WORK
The contractor shall provide suitable access Architects/Consultants/Project Manager/Employers. to works to Inspection, Checking, etc. for

9.
.1 .2

REPORTS BY CONTRACTOR
The contractor shall file daily category-wise labour return. The report shall indicate scheduled requirement against actual strength. The contractor shall prepare weekly reports of planned and actual progress of work and subsequent week's scheduled work. These will also include material procurement status. This report shall be submitted to Employer and shall be reviewed in weekly co-ordination meeting. The contractor shall submit monthly reports with photographs, along with monthly bills. Further progress charts and schedules shall be prepared by the contractor as directed by the Employer. The contractor shall submit re-conciliation statement of all the materials supplied by the Employer, along with every running bill.

.3 .4 .5

10.
1. 2. 3. 4. 5. 6. 7. 8.

SUBMITTALS TO BE MADE BY THE CONTRACTOR DURING THE EXECUTION OF WORK


Daily progress report stating number of men employed under each trade, equipments at site, etc. Weekly/fortnightly progress report showing progress against programme. Programme of work for the forthcoming week. Labour and equipment deployed site programmed requirement vs actual deployed weekly. updated approved monthly per chart along with monthly progress chart weekly. Construction materials by Contractor: status and mobilization programme fortnightly. Progress photographs fortnightly. Value of work anticipated to be done in the forthcoming month including value of any materials and equipment of large value monthly.

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11. ARTICLES OF AGREEMENT


Articles of Agreement made on this ................. day of ....................20... between M/s Vasathi Housing Ltd, Hyderabad (hereinafter referred to as the Employer which expression shall include his heirs, Executors, Administrators & Assigns) of the one part and M/s .............................................. (hereinafter referred to as the Contractor which expression shall include his heirs, Executors, Administrators & Assigns) of the other part. Whereas the Employer is desirous of constructing ..................................... and has caused drawings & specifications describing the work to be prepared by M/s ................................................. (hereinafter referred to as the Architect). And WHEREAS the said drawings enclosed, the Specifications and the Schedule of Quantities have been signed by or on behalf of the parties hereto. And WHEREAS the Contractor has agreed to execute upon and subject to the conditions set forth herein and to the conditions set forth in special conditions, unit rate specifications, technical specifications and in the schedule of quantities and conditions of contract (all of which are collectively hereinafter referred to as the said conditions and forming part and parcel of this articles of agreement) the work shown upon the said drawings and/or described in the said specifications and included in the said schedule of quantities at the respective rates therein set forth amounting to the sum as therein arrived at or such other sum as shall become payable thereunder (hereinafter referred to as the said contract amount). NOW IT IS HEREBY AGREED AS FOLLOWS: 1. In consideration of the said contract amount to be paid at the time and in the manner set forth in the conditions, the contractor shall upon and subject to the conditions execute and complete the work shown upon the said drawings and described in the said specifications and the schedule of quantities at the agreed rates. 2. The Employer shall pay the contractor the said contract amount or such other sum that may become payable at the times and in the manner hereinafter specified in the said conditions. 3. The term `The Architect' (in the said conditions) shall mean .................................... In the event of their ceasing to be the Architect, for the purpose of this contracts such other person or persons as shall be nominated for that purpose by the Employer, shall be the `The Architect', provided always that no persons subsequently appointed to be the Architect under this contract shall be entitled to disregard or over rule any previous decisions expressed in writing by the Architect for the time being. 4. The said conditions and appendix thereto shall be read and construed as forming part of this agreement and the parties hereto shall respectively abide by and submit themselves to the said conditions and perform the agreements on their part respectively in the said conditions. 5. The plans, agreements and documents mentioned herein above shall form the basis of this contract.

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6. The contract is neither a fixed lump sum contract nor a piece work contract, but it is a contract to carryout the work in respect of the entire works to be paid for according to actual measured quantities at the rates contained in the schedule of rate and probable quantities or as provided in the said conditions. 7. The contractor shall offer every reasonable facility for the carrying out of all works relating to installations of sanitary works and fittings, permanent water supply, electrical installations/fittings, lifts, telephone, air-conditioning etc., in the manner laid down in the said conditions and shall make good any damages done to walls, floors, etc., at his cost after the completion of such works. 8. The Employer reserves to himself the right of altering the drawings and nature of the work by adding or omitting any items of work from the contract or having portions of the same carried out without prejudice to this contract. 9. Time shall be considered as of the essence of this Agreement and the contractor do hereby agree to commence the work within seven days from the date of issue of formal work order/ Letter of Intent and immediately after handing over of site as provided for in the said conditions and to complete the entire works within the specified period subject nevertheless to the provisions for extension of times. 10. All disputes arising out of or in any way connected within this agreement shall be deemed to have arisen in Bangalore and only courts in Bangalore shall have jurisdiction to determine the same. 11. The several parts of this contract have been read by us and fully understood by us.

AS WITNESS OUR HAND THIS ................... DAY OF ........................ 2011 Signed by the said CONTRACTOR:

In the presence of: Address: Occupation: Signed by the said EMPLOYER: In the presence of: Address: Occupation:

13. SAFETY REQUIREMENTS


The Contractor, his Sub-Contractors and nominated sub-contractors, shall comply with the safety precautions, protective measures, house keeping requirements, etc. The Employer/ Project Manager with due intimation shall have the right to stop the work at site, if in his opinion proceeding with the work will lead to an unsafe and dangerous condition. The contractor shall get the unsafe condition removed or provide protective equipment. The contractor shall ensure that all workmen are aware about the nature of risk involved in their work and have adequate knowledge for carrying out their work safely. The instructions issued herein are indicative and not exhaustive. Therefore the contractor shall be responsible to ensure that adequate safety measures have been adopted in the course of execution of the contract in accordance with safety standards / statutory regulations, as applicable. The contractor shall be held responsible for non-compliance if any of the safety measures and delays, implications, injuries, fatalities and compensation arising out of such situations or incidents.

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1. .1 .2 TRAFFIC The contractor shall organize operations by taking approval to use the existing roads, if any, from Client. The contractor shall exercise full care to ensure that no damage is caused by him or workmen, during the operation, to the existing water supply, sewerage, power or telecommunication lines or any other services or works. The contractor shall provide and erect before construction, substantial barricades, guardrails, and warning signs. He shall furnish, place and maintain adequate warning lights, signals, etc., as required by Project Managers / Consultants. SAFE MEANS OF ACCESS Adequate and safe means of access and exit shall be provided for all work places, at all elevations. Suitable scaffolds shall be provided for workmen for all works that cannot safely be done from the ground, or from solid construction except such short duration work as can be done safely from ladders. Ladder shall be of rigid construction having sufficient strength for the intended loads and made of metal and all ladders shall be maintained well for safe working condition. Suitable footholds and handholds shall be provided on the ladder. The ladder shall be given an inclination not steeper than 1 in 4 (1 horizontal and 4 vertical). Scaffolding or staging more than 3.5m above the ground or floor, swung or suspended from an overhead support or erected with stationary support shall have a standard guard-rail properly attached, bolted, braced or otherwise secured at least 1m high above the floor or platform of such scaffolding or staging. The guardrail shall extend along the entire exposed length of the scaffolding with only such opening as may be necessary for the delivery of materials. Standard railing shall have posts not more than 2m apart and an intermediate rail half way between the floor and platform of the scaffolding and the top rail. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure. Scaffolding and ladder shall conform to relevant IS specification (IS 3696-1966). TIMBER/BAMBOO SCAFFOLDING SHALL NOT BE USED. Working platforms of scaffolds shall have toe boards at least 15cm in ht. to prevent materials from falling down. A sketch of the scaffolding proposed to be used shall be prepared prior to start of erection of scaffolding. Safety engineer shall examine all scaffolds before using. Working platform, gangways and stairways shall be so constructed that they shall not sag unduly or unequally and if the height of the platform or gangway or stairway is more than 3.5m above ground level or floor level, they shall be closely boarded, shall have adequate width for easy movement of persons and materials and shall be suitably guarded. The planks used for working platform shall not project beyond the end supports to a distance exceeding four times the thickness of the planks used. The planks shall be rigidly tied at both ends to prevent sliding and slippage. The thickness of the planks shall be adequate to take load of men and materials and shall not collapse. Every opening in the floor of a building or in a working platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing, the minimum height of which shall be 1m, along with 15cm high sheet obstruction at floor level along the railing. Safe means of access shall be provided to all working platforms and other elevated working places. Every ladder shall be securely fixed. No single portable ladder shall be over 9m in length. For ladders, upto 3m in length the width between side rails in the ladders shall in no case be less than 300mm. For longer ladders, this width shall be increased by at least 20mm for each additional meter of length. Step spacing shall be uniform and shall not exceed 300mm. Adequate precautions shall be taken to prevent danger from electrical lines and equipment. No scaffolding, ladder, working platform, gangway runs, etc. shall exist within 3 meters of any un-insulated electric wire. Whenever electric power and lighting cables are required to run through (pass on) the scaffolding or electrical equipment are used, such scaffolding structures shall have minimum two earth connections with earth continuity conforming to IS code of practice. EXCAVATION, TRENCHING AND EARTH REMOVAL All trenches 1.2m or more in depth shall at all times be supplied with at least one ladder for each spacing of 30m in length or fraction thereof. Ladder shall be extended from bottom of the trench to at least 1m above the surface of the ground.

2. .1 .2

.3

.4 .5 .6

.7

.8

.9

.10

3. .1

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.2 The sides of the trench which are 1.2m or more in depth shall be stepped back to give suitable slope (angle of repose) or securely held by timber bracing, so as to avoid the danger of sides from collapsing. The excavated material shall not be placed within 1.5m 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 mining or undercutting shall be done. The contractor shall ensure the stability and safety of the excavation, adjacent structures, services and the works. Open excavations shall be fence off by suitable railing and warning signals installed at night at well lit places so as to prevent persons slipping or falling into the excavations. All blasting operations shall be carried out on the basis of procedures approved by inspector of explosives. All works in this connection shall be carried out as per IS code of practice. Barricades, warning signs etc., shall be placed on the roads/open area. a) As far as practical, earth shall be removed mechanically. b) c) 4. Wherever manual removal of earth is involved, earth shall be removed from the top by maintaining the proper slope equal to the angle of re-pose of the earth. The contractor to ensure that no under-cutting is done and shall constantly supervise such work.

.3 .4 .5 .6

DEMOLITION Before any demolition work is commenced and also during the progress of the work: a) b) All roads and open area adjacent to the work site shall either be closed or suitably protected. Appropriate warning signs shall be displayed for cautioning approaching persons. Before demolition operations begin, the contractor shall ensure that the power on all electric service lines is shut off and the lines cut or disconnected at or outside the demolition site. If it is necessary to maintain electric power during demolition operation, the required service lines shall be adequately protected against damage. Persons handling heavy materials/equipment shall wear safety shoes. No floor, roof or other part of the building shall be overloaded with debris or materials as to render it unsafe. Entries to the demolition area shall be restricted to authorised persons only.

c) d) 5.

PERSONAL PROTECTIVE EQUIPMENT All necessary personal protective equipment shall be kept available for the use of the persons employed on the site and maintained in a condition suitable for immediate use. Also the contractor shall take adequate steps to ensure proper use of equipment by those concerned. The personal protective equipment are to be provided by the contractor are: a) b) c) All persons employed at the construction site shall use safety helmets. Workers employed on mixing asphaltic materials, cements and lime mortars shall use protective goggles, protective foot wear and hand gloves. Persons engaged in welding and gas-cutting works shall use suitable aprons, leather gloves and welding face shields. The persons who assist the welders shall use suitable goggles. Protective goggles shall be worn while chipping and grinding. Stonebreakers shall use protective goggles. They shall be seated at sufficiently safe intervals of distance. Persons engaged in or assisting in shot blasting operations and cleaning the blasting chamber shall use suitable gauntlets, overalls, dust-proof goggles, boots and protective hood supplied with fresh air at the minimum rate of 9m/hr. All persons working at height more than 4.5m above ground or floor and exposed to risk of falling down shall use safety belts, unless otherwise protected by cages, guard railings, etc. In places where the use of safety belts is impractical, suitable net of adequate strength fastened to substantial supports shall be employed.

d) e)

f)

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g) h) Protective nets shall be provided at places where men are working at heights to safe guard against falling debris. When workers are employed in sewers and inside manholes that are in use, the contractor shall ensure that the manholes are opened and are adequately ventilated at least for an hour. After it has been well ventilated, the atmosphere inside the space shall be checked for the presence of any toxic gas or oxygen deficiency and recorded in the register before the workers are allowed to get into the manholes. The manholes opened shall be cordoned off with suitable railing and provided with warning signals or caution boards to prevent accidents. There shall be proper illumination in the night.

6. 6.1

PAINTING The contractor shall not employ women on the work of painting with products containing lead in any form. Only men above the age of 18 years shall be employed on the work with lead paint. The following precautions shall be taken during the work: a) b) c) Supply air respirators for use by the workers when paint is applied in the form of spray, or a surface having lead paint is dry rubber or scraped. The workmen shall use overalls and adequate facilities shall be provided to enable the painters to wash at the cessation of work. All painting jobs, especially those in which lead paints are used shall be kept under industrial hygiene surveillance.

6.2

Smoking, open flames or sources of ignition shall not be allowed in places where paints and other flammable substances are stored, mixed or used. A caution board, with the instructions written in national/regional language, SMOKING - STRICTLY PROHIBITED shall be displayed in the vicinity where painting is in progress or where paints are stored. Symbols shall also be used for caution boards. Suitable fire extinguishers/sand buckets shall be kept available at places where flammable paints are stored, handled or used. When painting work is done in a closed room or in a confined space, adequate ventilation shall be provided. If adequate ventilation cannot be provided, workers shall wear suitable respirators.

6.3

Epoxy resins and their formulations used for painting shall not be allowed to come in contact with the skin. The workers shall use plastic gloves and/ or suitable barrier creams. Adequate ventilation shall be provided especially when working with hot resin mixes. Increased personal hygiene shall be practiced to control inadvertent contact with the resin and eliminate its effects. Workers shall thoroughly wash hands and feet before leaving the work. laundered frequently. Work clothes shall be changed and

7. 7.1

LIFTING MACHINES AND TACKLES Use of lifting machines and tackles including their attachments, anchorage and supports shall conform to the following standards or conditions: a) Lifting machines and tackles shall be of good mechanical construction, sound material and adequate strength and free from any defects and shall be kept in good repair and in good working order. Every rope used in hoisting or lowering materials or as a means of suspension shall be of good quality and adequate strength and free from any defect. b) Every crane operator or lifting appliance operator shall be properly qualified. No person under the age of 21 years shall be in charge of any hoisting machine or give signal to operator of such machine.

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c) In case of every lifting 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 and clearly marked. In case of a lifting machine having a variable safe working load, each safe working load and the conditions 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. The safety engineer shall approve this. The safety engineer shall note the safe working load. Regarding other machines, the contractor shall notify the safe working load of the machine to the safety engineer, whenever he brings any machinery to site of work and gets it verified by the safety engineer. Thorough inspection and load testing of lifting machines and tackles shall be done by a competent person at least once every 2 months and records of such inspection and testing shall be maintained.

d)

e) 7.2

Motors, gearing transmission, couplings, belts, and chain drives and other moving parts of hoisting appliances shall be provided with adequate safeguards. Hoisting appliances shall be provided with such means as will reduce to the minimum the risk of any part of a suspended load becoming accidentally displaced or lowered. Barricades shall be erected around the place of hoisting the equipment(s) WELDING AND GAS CUTTING Welding and gas cutting operations shall be done by qualified and authorised persons and as per IS specifications and code of practice. Welding and gas cutting shall not be carried out in places where flammable or combustible materials are kept and where there is danger of explosion due to presence of gaseous mixtures. Welding and gas cutting equipment including hoses and cables shall be maintained in good condition. Barriers shall be erected to protect other persons from harmful rays from the work. When welding or gas cutting is done in elevated positions, precautions shall be taken to prevent sparks or hot metal falling on persons or flammable materials. Suitable type of protective clothing consisting of fire resistant gauntlet gloves, leggings, boots and aprons shall be provided to workers as protection from heat and hot metal splashes. Welding shields with filter glasses of appropriate shade shall be worn as face protection. Adequate ventilation shall be provided while welding in confined space or while brazing, cutting or welding zinc, brass, bronze, galvanized or lead coated materials. Welding and gas cutting shall not be done on drums, barrels, tanks or other containers unless they have been emptied cleaned thoroughly and it is made certain that no flammable material is present. Fire extinguisher shall be available near the location of welding operations. Fire safety permit shall be obtained for working at vulnerable areas and operating areas before flame cutting/welding is taken up. For electric (Arc) welding the following additional safety precautions shall be taken: a) When electrical welding is undertaken near pipelines carrying flammables, such pipelines shall not be used as part of earth conductor but a separate earth conductor shall be connected to the machine directly from the job. Personnel contact with the electrode or other live parts of electric welding equipment shall be avoided. Extreme caution shall be exercised to prevent accidental contact of electrodes with ground. The welding cable shall not be allowed to get entangled with power cables. movement of materials does not damage the cables. It shall be ensured that

8. 8.1 8.2 8.3 8.4

8.5

8.6 8.7 8.8 8.9

b) c) d)

9.

GRINDING

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9.1 9.2 9.3 All portable grinders shall be used only with their wheel guards in position to reduce the danger from flying fragments should the wheel break during the use. Grinding wheels of specified diameter only shall be used on a grinder portable or pedestal - in order not to exceed the prescribed peripheral speed. Goggles shall be used during grinding operation.

10. 10.1 10.2 10.3 10.4 11.

HOUSE KEEPING The contractor shall at all times keep his work site, site office and surroundings clean and tidy from rubbish, scrap, surplus materials and unwanted tools and equipment. Welding and other electrical cables shall be so routed as to allow safe traffic by all concerned. No materials on any of the sites of work shall be so stacked or placed as to cause danger or inconvenience to any person or the public. At the completion of the work, the contractor shall ensure removal from the work premises all scaffoldings, surplus materials, rubbish and all huts and sanitary arrangements used/installed for workmen on the site. FIRE SAFETY All necessary precautions shall be taken to prevent outbreak of fires at the construction site. Adequate provisions shall be made to extinguish fires, should they still break out. a) b) Quantities of combustible materials like timber, bamboo, coal, paints, etc. shall be the minimum required in order to avoid unnecessary accumulation of combustibles at site. Containers of paints, thinners and allied materials shall be stored in a separate room, which shall be well ventilated, and free from excessive heat, sparks, flame or direct rays of the sun. The containers of paint shall be kept covered and properly fitted with lid and shall not be kept open except while using. Fire extinguishers shall be located at the construction site at appropriate places. Adequate number of workmen shall be given education and training in fire fighting and extinguishing methods

c) d) 12.

WORK IN RADIATION AREA The contractor shall follow the stipulated procedure regarding work in the radiation area and other works related with radiography.

13.

WORK IN AND AROUND WATER BODIES When the work is done near any places where there is risk of drowning, all necessary rescue equipment such a life buoys and life jackets shall be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision shall be made for prompt first-aid treatment of all injuries likely to be sustained during the course of the work. Persons who do not know swimming shall not be engaged alone for any work where risk of drowning exists. Sufficient number of life buoys or life jackets shall be provided.

14. 14.1 14.2

MEDICAL FACILITIES The contractor shall arrange for medical aid and treatment for his staff and workers engaged on the work site including the first-aid facilities if they are not available at the project site. First-aid appliance including sterilized dressing, cotton wool and antiseptic cream shall be made available at readily accessible places at every work site. These shall be maintained in good order under the charge of a responsible person.

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14.3 At large work places where hospital facilities are not available within easy reach of the work, first-aid posts shall be established. Ambulance availability shall be identified during the entire period of work for attending to injury cases. SAFETY COORDINATOR The contractor shall have a Safety Officer or a Supervisor to be designated as a Safety Coordinator in order to specifically look into the implementation of various safety requirements of the site work. The person thus designated will in general co-ordinate on matters of safety and in particular ensure that the Safety Manual is complied with. His name shall be displayed on the Notice Board at a prominent place at the work site. 16. 16.1 16.2 REPORTING OF ACCIDENT All accident leading to property damage and/or personnel injuries shall be reported to the concerned authorities viz. Insurance Co. Police, Head Office, Regional Office, etc. The contractor shall also submit a monthly statement of accidents to the Project Managers / Consultants by every month showing details of accident, nature of injury including disability, days lost, treatment provided, etc., and the extent of property damage. PUBLIC PROTECTION The contractor shall make all necessary provisions to protect the public. He shall be held responsible for defense of every action of other proceedings at law that may be brought by any person for injury sustained owing to neglect of any precaution required to taken to protect the public. 18. OTHER STATUTORY PROVISIONS All operations involving the transport, handling, storage and use of explosive shall be as per the standing instructions and conform with the latest Indian Explosives Act and the explosives Rules. Handling, transport, storage and use of compressed gas cylinders and pressure vessels shall conform to the latest Gas Cylinder Rules and Static and Mobile Pressure Vessels (Unfired) Rules. In addition, The Indian Electricity Act and Indian Electricity Rules - latest, the Atomic Energy Act, the Radiation Protection Rules - latest, Radiation Protection Manual of Nuclear Facilities and the Atomic Energy (Factories) Rules latest, and various latest rules and Act related to mining shall also be strictly complied with. 19. .1 GUIDELINES AND GENERAL PROCEDURES FOR SUPPLY AND USE OF ELECTRICITY AT SITE GENERAL Following safety requirements shall be complied with before the contractor uses the power supply. .1.1 .1.2 The contractor shall submit a list of licensed electrical staff to be posted at Site. It shall be the responsibility of the contractor to provide and maintain complete installation on the load side of the supply point with regard to the safety requirements at Site. All cabling and installation shall comply with the appropriate latest statutory requirements given below and shall be subject to approval of the Project Manager: a) b) c) d) e) Indian Electricity Act. Electricity (Supply) Act. Indian Electricity Rules. National Electricity Code. Other relevant rules of Local Bodies and Electricity Boards.

15.

17.

The power supply shall be regulated as per the terms and conditions of the supply of the respective electricity boards. .1.3 Where distribution boards are located at different places the contractor shall submit schematic drawing indicating all details like size of wires, Over head and Cable feeders, earthing etc. The position and location of all equipment and switches shall be given.

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.1.4 The contractor shall make his own arrangement for main earth electrode and tapings thereof. The existing earth points available at site can be used at the discretion of Client with prior permission. Method of earthing, installation and earth testing results shall conform to relevant I.S. Specifications (IS-3043). All three phases equipment shall be provided with double earthing. All light fixtures and portable equipment shall be effectively earthed to main earthing. All earth terminals shall be visible. No gas pipes and water pipes shall be used for earth connection. Neutral conductor shall not be treated as earth wire. The contractor shall not connect any additional load without prior permission of Client. Joints in earthing conductors shall be avoided. Loop earthing of equipment shall not be allowed. However, tapings from an earth bus may be done. The entire installation shall be subjected to the following tests before energisation of installation including portable equipment: a) b) c) Insulation resistance test. Polarity test of switches. Earth continuity test.

.1.5 .1.6 .1.7 .1.8 .1.9

d) Earth electrode resistance. The test procedures and their results shall conform to relevant standards. .2 .2.1 a) Following guidelines are provided for general observations: INSTALLATION Only persons having valid wiremans license/competency certificate shall be employed for carrying out electrical work and repair of electrical equipment, installation and maintenance at site. A qualified licensed Supervisor shall supervise the job. Electrical equipment and installations shall be installed and maintained as to prevent danger from contact with live conductors and to prevent fires originating from electrical causes like short circuits, overheating etc. Installation shall not cause any hindrance to movement of men and materials. Materials for all electrical equipment shall be selected with regard to working voltage, load and working environment. Such equipment shall conform to the relevant standards. The minimum clearance to be maintained for all overhead lines along roads and across roads shall be as per the statutory requirements. Grounding conductor of wiring system shall be of copper or other corrosion-resistant material. An extra grounding connection shall be made in appliances/equipment where chances of electric shock are high. Electric fuses and/or circuit breakers installed in equipment circuits for short circuit protection shall be of proper rating. It is also recommended that high rupturing capacity (HRC) fuses are used in all circuits. For load of 5 kW or more earth leakage circuit breaker shall be provided in the circuits. Wherever cables or wires are laid on poles, a guard wire of adequate size shall be run along the cables/wires and earthen effectively. Metallic poles as a general rule, shall be avoided and if used shall be earthen individually. Anti climbing guards and danger notices shall be provided on poles. Each equipment shall be an individual isolating switch. Wires and cables shall be properly supported and an approved method of fixing shall be adopted. Loose hanging of wires and cables shall be avoided. Lighting and power circuits shall be kept distinct and separate. Reinforcement rods or any metallic part of structure shall not be used for supporting wires and cables, fixtures, equipment, earthing etc.

b)

c) d) e) f)

g)

h) i)

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j) All cables and wires shall be adequately protected mechanically against damages. In case the cable is required to be laid under ground, it shall be adequately protected by covering the same with bricks, Plain Cement Concrete (PCC) tile or any other approved means. Using suitable cable glands shall properly terminate all armoured cables. Using cable lugs/sockets shall connect multi-stranded conductor cables. Cable lugs shall preferably be crimped. They shall be of proper size and shall correspond to the current rating and size of the cable. Twisted connections will not be allowed. All cable glands, armoring and sheathing of electric cable, metal circuits and their fittings, metallic fittings and other non-current carrying parts of electrical equipment and apparatus shall be effectively grounded. All the Distribution Boards, Switch Fuse Units, Bus bar chambers, ducts, cubicles etc. shall have MS enclosures and shall be dust, vermin and waterproof. The Distribution Boards, switches etc. shall be so fixed that they shall be easily accessible. Changes shall be done only after the approval of the Project Manager. The contractor shall provide proper enclosures/covers for protection of the entire switchboard, equipment etc. against rain. Exposed live parts of all electrical circuits and equipment shall be enclosed permanently. Crane trolley wires and other conductor which cannot be completely insulated shall be placed such that they are inaccessible under normal working conditions. Ironclad industrial type plug outlets are preferred for additional safety. Open type distribution boards shall be placed only in dry and ventilated rooms; they shall not be placed in the vicinity of storage batteries or otherwise exposed to chemical fumes. Isolating switches shall be provided close to equipment for easy disconnection of electrical equipment or conductors from the source of supply when repair or maintenance work has to be done on them. In front of distribution boards a clear space of 90 cm shall be maintained in order to have easy access during an emergency. Adequate working space shall be provided around electrical equipment, which require adjustment or examination during operation. As far as possible electrical switches shall be excluded from a place where there is danger of explosion. All electrical equipment such as motors, switches and lighting fittings installed in workroom where there is possibility of explosion hazard shall be explosion proof. All connections to lighting fixtures, starters or other power supplies shall be provided with PVC insulate, PVC sheathed twin/three/four core wires to have better mechanical protection for preventing possible damage to equipment or injury to personnel. Taped joints shall not be allowed and the connections may be made in looping system. Electric starter of motors, Switches shall not be mounted on wooden boards. Only sheet steel mounting or iron framework shall be used. All the lighting fixtures and lap holders shall be of good quality and in good condition. Badly repaired or broken holders, etc. shall not be used. Only PVC insulated and PVC sheathed wires or armoured PVC insulated and sheathed cables shall be used for external power supply connections of temporary nature. Weatherproof rubber wires shall not be used for any temporary power supply connections. Taped joints in the wires shall not be used. The bulbs/lamps used for illumination and testing purpose shall have cover or guard to protect them from accidental breakage. Only 24 V supply system shall be used for hand lamps etc. while working inside metallic tanks or conducting vessels. OPERATION & MAINTENANCE a) All persons, who work with electrical installation/equipment, shall be aware of the electrical hazards, use to protective devices and safe operational procedures. They shall be given training in fire fighting, first aid and artificial resuscitation techniques. The contractor shall instruct the workers in the proper procedure, specify and enforce the use of necessary protective equipment such as adequately insulated pliers, screw drivers, fuse pulleys, testing lamps and similar hand tools. Only wooden ladders shall be used to reach the heights in electrical work.

k)

l) m)

n)

o) p) q) r) s) t)

u)

v) w)

x)

.2.2

b)

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c) d) No material or earthwork shall be allowed to be dumped below or in the vicinity of the bare overhead line conductors. Before any maintenance work is commenced on electrical installations/equipment, the circuits shall be deenergised and ascertained to be dead by positive test with an approved voltage-testing device. Switches shall be tagged or the fuse holders withdrawn before starting the work. Adequate precautions shall be taken in two important aspects viz. i) ii) e) f) That there shall be no danger from any adjacent live parts and That there shall be no chances of re-energisation of the equipment on which the persons are working. While working on or near a circuit, whenever possible the use of one hand may be practiced even though the circuit is supposed to be dead. The other hand may preferably be kept in pocket. When it is necessary to touch electrical equipment (for example when checking for overload of motors) back of the hand may be used. Thus, if accidental shock were to cause muscular contractions, one would not freeze to the conductor. Operations of electrical equipment shall be avoided which standing on wet floor or when hands are wet. Before blown fuses are replaces, the circuit shall be locked out and an investigation shall be made for the cause of the short circuit or overload. When two persons are working within reach of each other, they shall never work on difference phases of the supply. When structural repairs, modification or painting work are to be undertaken, appropriate measures shall be taken for the protection of persons whose work may bring them into the priority of live equipment/circuit. It shall be ensured that the insulation and wire size of extension cords are adequate for the voltage and current to be carried. While tapping electricity from the socket, plug top must be used. It shall be ensured that no extension boards are over loaded while tapping. Only standard three pin plugs shall be used for tapping electricity. Broken sockets/plugs shall be replaced immediately with good ones. Only joints free cables shall be used for connecting equipment/ apparatus. Floors shall be kept free from tailing electrical cables to avoid tripping hazard. Power supply to the entire machines and lighting fixture shall be switched off when not in use. Temporary electrical connections shall be removed as soon as the stipulated work is over. After completion of the works, the contractor shall dismantle the distribution boards and the other facilities erected at site. Unauthorized tapping of power by others from distribution boards under the control of the NCC shall be prohibited at all circumstances. No flammable materials shall be stored in any working area near the switchboards. MEN ON LINE DO NOT SWITCH ON DANGER OR CAUTION boards as applicable shall be used during maintenance works on the electrical equipment. PORTABLE ELECTRICAL EQUIPMENT a) Portable electrical equipment shall be regularly examined, tested and maintained to ensure that the equipment and its leads are in good order. Register shall be maintained for inspection recording the testing dates and results of the equipment. All portable appliances shall be provided with tree core cable and three-pin plug. The third pin of the plug shall invariably be earthen. It shall be ensured that the metal part of the equipment shall be effectively earthen.

g) h) i) j) k) l)

m) n) o) p) q) r) .3

b)

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c) All connections to portable equipment or machines from the panel/distribution board/extension board shall be taken using 3 core double insulated PVC flexible copper wire in one length. No joints shall be allowed in this flexible wire. In case single length of wire is not sufficient for a particular location then the supply can be tapped by providing another extension board comprising of switch and socket. Flexible cables for portable lamps, tools and apparatus shall be regularly examined, tested periodically and maintained to ensure safety. SAFETY CODES IN CONSTRUCTION INDUSTRY EXCAVATION (IS-3764) Location and protection of underground utilityviz. Water main, cables. Barricade openings. Lamp at night warning signs. Excavated material 5 ft. Away Shoring for sides avoid sides from collapsing. Avoid vertical cuts. Water controlled. Equipment / vehicles at safe distance. Ensure stability of other structures nearby. Do not take gas cylinders inside trenches. Trenches greater that 4 ft. Depth should be provided with shoring ladder for each 30 mtrs. Excavated portion. .2 BLASTING (IS-4081) Accidents are caused during blasting due to the following main reasons: a) b) c) d) e) Wrong placement of charge in the blast hole. Inadequate size of blast hole. Excess quantity of charge. Misfires during actual blasting. Wrong handling of explosives.

e)

20. .1

The following points should be observed during blasting operation: a) b) c) d) e) f) g) h) i) j) k) Do not carry out blasting near any structure, foundation, column, crane, installation etc. Explosives should be of low sensitive to external influence (shock, friction, heat, sparks, etc.). The radius to depth ratio of the blast should be kept as low as possible so that the flight range of the fragments will be reduced. The charge should be placed in such a way that the angle of throw of fragments would be between 85 to 900 with the horizontal. Trans, Handling, storage of explosives as per Indian explosive act. Supervision by experienced person. Prior warning evacuation to 400 meter away. If charge fails wait hour/exam. Store explosives in standard magazines. No smoking signs. Proper accounting of explosives.

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l) n) o) p) q) r) s) t) u) v) x) y) .3 Cases opened with wooden tools only. Advise near by residents of danger. Use non-sparking tools/shoes. Do not carry matches/open lights. Use flameproof fittings/lights. Children/unauthorised persons are not allowed in this area. For electrical blasting, voltage shall not exceed 220v. Do not carry on blasting under over-head power line/utility communication/ utility lines. Used loud siren to mark beginning & completion of blasting. Only authorised persons allowed to go to misfired holes. Leaky explosives to be washed with de-sensitising agents. The charge should be placed in the boreholes only when the blasting operation is carried out not earlier.

m) Post flagmen cordon off area.

w) Misfired explosives to be disposed in accordance with explosives act

CEMENT WORKS Cement dermatitis, burns-use gumboots, gloves, and respirators.

.4

SCAFFOLDING (IS 4014(PART II)) a) b) c) d) e) f) g) h) i) j) k) l) Clear the area of unwanted materials. Erection under proper supervision. Ensure ropes & cables are in good condition. Ensure that all structural members and all connections adequate. Supports strong adequate cross bracing. Ensure ground is safe and provide proper foothold. Keep ladder/working area free of grease/oil. Provide guardrails & toe board. Wear safety belt, helmet while working on scaffolding. Do not use the scaffolding for more than 15 days without rechecking. Frequent inspection. Excavation is not permitted near base of scaffolding.

m) Use of wooden scaffolding is not permitted .5 LADDERS (IS 3696 (PART II) a) b) c) d) e) f) g) h) .6 a) Proper inspection rungs/steps are not spliced. Properly secured top & bottom. Side rails on fixed ladders to extend above top landing. Build up ladders of sound material. Rungs not to exceed 12 inches. Step ladders fully open during use. Metal ladders prohibited near electrical lines. Proper maintenance and storage after use. Floor openings covered/barricaded properly.

BARRICADES

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b) c) .7 Road ways/side walks protected. Traffic controlled.

CONCRETE CONSTRUCTION a) b) c) d) e) f) g) h) i) Forms properly installed and braced. Adequate shoring, plumbing and cross bracing. Shoring remains in place till strength attained. Proper curing period & procedure. Mixing & transporting equipment properly supported/routed. Adequate runways. Protection from cement dust. Hard hats safety shoes, skin covering. Nails to be removed from shuttering material.

.8

MASONRY a) b) c) Proper scaffolding. Dust protection. Safe hoisting equipment.

.9 a) b) c) d) e) f) g) h) i) j) k) l) n) o) p) .10

HOISTS, CRANES, DERRICKS Inspect cables, slings, chains, hooks, eyes Equipment stability/supports. Out riggers used if required. Power lines removed/inactivated (cranes). Signals understood and observed. Experienced operators. All equipment properly lubricated/maintained. Protective headgears. If person climbs on derrick installed for lifting material, special precautions should be taken. Gas cylinders are kept in properly designed cages. Periodical test/inspection of hoists and cranes. Mark safe working loads on hoists/cranes. Cranes to be operated by certified operator. Do not drag chains, slings, hooks and load over the floor. Know the load before lifting. Barricade around the area to avoid labour movement close to the area. CONVEYORS: a) b) c) Proper inspection & maintenance. Screens and other protection. Adequate inspection and maintenance, ladders, light.

m) Ensure that slings are vertical.

.11

HEAVY EQUIPMENT & TRUCKS a) Qualified operators with license.

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b) c) d) e) f) g) h) i) j) k) l) Vehicle laws & regulations to be observed. Check breaks, lights, warning devices and wheels. Weight limits load sizes controlled. Haul loads well maintained properly laid. Personnel not carried in unsafe manner. Protection when equipment not used. Planned inspection maintenance. Adequate equipment records Proper oil, fuel, lubricants used. Reverse horn to fixed for vehicles being used in the site. Speed limit signage to be installed.

m) Fitness certificate of the vehicles .12 HOUSE KEEPING & SANITATION a) General neatness in working area. b) c) d) e) f) .13 Regular disposal of waste/trash. Pathways and walkways clear. Adequate lighting. Sanitary facilities clean. Adequate drinking water.

EMERGENCY PROCEDURE a) b) c) d) e) f) First aid station properly manned. First aid boxes with items. Injuries reported promptly. Safety net used for heights belts. Adequate escape facilities. Proper storage of tools when not being used.

.14

WELDING CUTTING a) b) c) d) e) f) g) h) i) j) k) l) Qualified operators. Proper screen, shield, goggles, gloves, clothing, equipment. Electrical equipment grounded inspected. Power cables protected & in good condition. Fire extinguishers available. Inspection of fire hazards. Flammable materials protected (40 feet away). Gas cylinders upright & chained. Gas line, torch in good condition. Trolleys for moving cylinders. Proper covering of mezzanine holes or barricades for cut portion. Barricades/notices below mezzanine being cut work permit (spl).

m) Helper also to use goggles.

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.15 FLAMMABLE GASES LIQUIDS a) b) c) d) e) f) g) h) i) j) .16 No smoking signboard. Containers clearly identified/marked. Proper storage practices. Proper storage temperature protection. Fire hazards to be checked. Proper & adequate fire extinguishers. Neat storage area clear passages. Material firmly stacked not too high. Entry restricted. Store in separate enclosed area.

HANDLING AND STORAGE a) b) c) d) e) f) g) Proper number for operation. Person picking up leads correctly. Materials protected from heat/moisture. Protection from falling into hoppers/bins. Dust protection observed. Extinguishers/fire protection available. Traffic routing and control.

.17

POWER TOOLS a) b) c) d) e) f) g) h) i) j) k) Good house keeping where used. Tools cords earthing in good condition. Proper instructions for use. Proper mechanical safe guards. Tools nearly stored when not in use. Right tool for job. Proper wiring. Proper training to operator. Proper supervision. Use of safety appliances - goggles - face shield. Flying hazards checked up. Safety Posters/boards to be installed at site at different locations. Safety Officer to conduct safety meetings periodically and hold pep talks with workmen.

.18

EDUCATING LABOUR: a. b.

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