05 General Conditions of Contract-PRELIMINARIES
05 General Conditions of Contract-PRELIMINARIES
05 General Conditions of Contract-PRELIMINARIES
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.
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.
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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
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.
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.
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.
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
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.
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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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.
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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.
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.
Signature of Tenderer.
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APPENDIX-C
Name of Work : : SCHEDULE OF DEVIATIONS
Name of Tenderer
S.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
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
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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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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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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EMPLOYER
Means M/s Vasathi Housing ltd,Plot no 41,Sagar Society,Road No2, BanjaraHills,Hyderabad-34 or their authorised representative.
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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.
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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.
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CONTRACTOR
Mean M/s CLARUS INFRA PROJECTS LTD and their heirs and legal representatives, assigns, and successors.
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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.
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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.
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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.
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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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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.
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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.
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DAY
Shall mean a day of 24 hrs. From mid night to mid night irrespective of the number of hours worked in that day.
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WEEK
Shall mean seven consecutive days without reward to the number of hours worked on any day in that week.
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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).
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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.
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PERMANENT WORK
Means the permanent works to be executed and maintained in accordance with the contract.
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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.
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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
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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
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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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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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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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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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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.
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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.
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SITE CLEANLINESS
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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'.
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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.
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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 .
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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.
13.
14.
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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.
17.
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.
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1.
2.
.1
.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.
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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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.
5.
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.
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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.
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39
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:
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2. .1 .2
.3
.4 .5 .6
.7
.8
.9
.10
3. .1
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.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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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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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
8.5
b) c) d)
9.
GRINDING
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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.
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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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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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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k)
l) m)
n)
o) p) q) r) s) t)
u)
v) w)
x)
.2.2
b)
48
g) h) i) j) k) l)
m) n) o) p) q) r) .3
b)
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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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.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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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
.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.
.11
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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).
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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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