Beruflich Dokumente
Kultur Dokumente
Construction of two high rise residential towers naming One ICC comprise of 3 Basement + Ground + Podium Top +53 Residential Floor+3 Service Floor+2 Fire check floor and Two ICC comprising of 3 Basement + Ground + Podium
Top + 60 Residential Floor +3 Service Floor+3 Fire Check Floor on land bearing CTS No. 223 (pt) situated at Island City Centre, G. D. Ambekar Marg, Dadar (E) , Mumbai 400 014.
DESCRIPTION
COMPLIANCE STATUS
NON-DISCLOSURE
1.16
The General Contractor agrees not to divulge to third parties, without the prior written consent of the Owner, any information obtained from or through Owner in connection with the performance of the Contract,
unless:
i. The information is known to General Contractor prior to obtaining the same from Owner;
ii. The information is, at the time of disclosure by General Contractor, then in the public domain; or
iii. The information is obtained by General Contractor from a third party who did not receive same, directly or indirectly from Owner and who has no obligation of secrecy with respect thereto.
The General Contractor further agrees that it will not, without the prior written consent of the Owner, disclose to any third party any information developed or obtained by the General Contractor in the performance of
the Contract except to the extent that such information falls within one of the categories described in 1 through 3 above. If so requested by Owner, General Contractor further agrees to require its employees to
execute a nondisclosure agreement prior to performing any work under the Contract. However in all cases the General Contractor shall be responsible for compliance under this clause.
PERMITS, LICENSES OR APPROVALS
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2.2.1
Except as otherwise specified, the General Contractor shall procure, comply and pay for all permits, licenses, certifications and other applicable governing authority requirements and inspections, other than
inspections performed by the Owner, and shall furnish all documentation, bonds, security or deposits required to permit performance of the Work.
3.1
Being followed.
Not applicable currently. GC will submit the
documentation once the stage reached.
Being followed.
ix. The General Contractor shall be responsible to comply with all concerned statutory acts and laws and various liabilities during the entire period of this contract till its satisfactory completion e.g. General Contractor
will ensure that all types of labour laws, necessary insurance policies to be taken out for men, material, equipment, vehicles, minimum wages act, provident fund act, employees state Insurance Act, and also to pay to
the Government all taxes, cess, duties and any other rules which arises out of the contract being given to the General Contractor.
Being followed.
xi. Thorough search of all persons and transport vehicles shall be carried out at the gate and for as many times as gate is used for entry and exit and may also be carried out any time or any number of times by the
General Contractor at the work site.
Being followed.
xiii. As per Maharashtra State Regulations the General Contractor shall provide Health Card for each & every individual labourers, failing which all penalties shall be borne by the General Contractor.
Being followed.
xiv. As per Maharashtra State Regulations, the General Contractor shall register with Regional Provident Fund Commissioner, Mumbai & General Contractor shall pay PF of all Employees/ Staffs /Labourers working at
our Mumbai Site, directly employed & ensure compliance by NSC sub-contractor, failing which all penalties shall be borne and paid by the General Contractor.
Being followed.
xv. The General Contractor shall comply with and fulfill all the statutory, legal, insurance and other requisite compliances in accordance with the laws for the time being and from time to time in force for the works to
be carried out by the General Contractor & ensure compliance by NSC contractors on back to back basis. An indicative list of statutory compliance (subject to revision from time to time) is provided in an annexure
which is annexed and marked as ANNEXURE-4 hereto which the General Contractor shall comply till the completion of work.
Being followed.
KEY PERSONNEL
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3.3
The General Contractor shall provide the list of Key Personnel. The General Contractor shall not reassign or remove the key personnel listed in the format, from the project, without the prior written authorization of the
Owner.
Construction of two high rise residential towers naming One ICC comprise of 3 Basement + Ground + Podium Top +53 Residential Floor+3 Service Floor+2 Fire check floor and Two ICC comprising of 3 Basement + Ground + Podium
Top + 60 Residential Floor +3 Service Floor+3 Fire Check Floor on land bearing CTS No. 223 (pt) situated at Island City Centre, G. D. Ambekar Marg, Dadar (E) , Mumbai 400 014.
DESCRIPTION
COMPLIANCE STATUS
3.5
(ii) The Owner shall be entitled to a Performance Bank Guarantee of 5% from the General Contractor on back to back basis from NSCs for works (Part C first schedule of the agreement) i.e Rs. 19,91,87,715/- (INR.
Nineteen Crores, Ninety One Lacs, Eighty Seven Lacs & Seven Hundred fifteen only) with a validity covering respective contract periods & additionally a period of 24 months from the date of issuance of Taking Over
Certificate from the Owner. Provided however if negotiation with NSC in relation to this works results in obtaining a Performance Bank Guarantee for an enhanced period, then in that event General Contractor shall
accordingly provide a Performance Bank Guarantee with the revised validity other than the prescribed above.
B. RETENTION.
(i) The Owner shall be entitled for Bank Guarantee/(s) for Retention amount of 5% of the gross amount (i.e. Part A / Part B directly from General Contractor and in respect of Part C / Part D from the General
Contractor on a back to back basis from NSC/Suppliers) certified for payment from each of the certified RA Bills to be submitted by the General Contractor on quarterly basis for all works to be carried out in the said
Project, failing which cash retention will apply & subsequently released only upon handover of a Bank Guarantee as prescribed herein.
(ii) The General Contractor is required to furnish the Bank Guarantee/Performance Bank Guarantee as aforesaid in the format which is annexed and marked as ANNEXURE -5 Collectively
3.13
3.13.3. The General Contractor shall maintain barricades, guards Rails, temporary bridges, walkways, watchmen and other necessary appliances such as spotlights and danger spotlights properly illuminated from
sunset to sunrise and safeguard & protect all properties, materials, equipments, machineries, vehicles, etc. at work sites & also off worksite locations where project material is stored. In case of any accidents that may
arise at any time during the entire period of contract, because of lack of proper care or negligence on General Contractors part, then all losses, expenses, fines, damages, compensations incurred will be directly borne Being followed. HSE Plan & Other HSE related
procedures are in place to cover / monitor the
by the General Contractor. The General Contractor / NSCs will also have to attend and defend all legal cases that may be filled in any courts of law or such other places and in case any awards are passed against the
items stated per contract.
Owner. The cost incurred towards advocates, solicitors, counsel fees & other expenses shall be borne by the General Contractor / NSCs.
3.13.4. The General Contractor shall be solely responsible and liable for developing and implementing a Health, Safety and Environment Plan (HSE Plan) which shall comply with all applicable laws, ordinances,
statutes, rules, regulations, codes governing safety and health in workplace including Owners safety and health guidelines as provided in ANNEXURE-6 hereto.
3.13.8. Unless otherwise specified by Owner, the General Contractor shall furnish all safety equipment required for the Work, require the use of such safety equipment, and provide safety instructions to its employees.
The General Contractor shall maintain accident and injury records as required by applicable laws and regulations. Such records will be made available to the Owner upon request. The General Contractor shall furnish
the Owner with a weekly and monthly summary of accidents, injuries and labor hours lost to work related injuries of its employees and employees of the General Contractors suppliers and subcontractors of any tier, in
a form and format designated by the Owner.
QUALITY ASSURANCE
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3.14
General Contractor shall submit a Quality Assurance Program for approval by Owner, consisting of the following documents or their Owner determined equivalent:
1. Quality Assurance Manual setting out the General Contractors corporate quality management system.
2. Project specific Quality Assurance Plan.
Construction of two high rise residential towers naming One ICC comprise of 3 Basement + Ground + Podium Top +53 Residential Floor+3 Service Floor+2 Fire check floor and Two ICC comprising of 3 Basement + Ground + Podium
Top + 60 Residential Floor +3 Service Floor+3 Fire Check Floor on land bearing CTS No. 223 (pt) situated at Island City Centre, G. D. Ambekar Marg, Dadar (E) , Mumbai 400 014.
COMPLIANCE STATUS
PROGRESS REPORTS
3.21
3.21.2 During the performance of the Work, the General Contractor shall submit to the Owner periodic reports on the actual progress. Such progress reports shall include the following:
i. Weekly: A rolling four-week schedule showing one week actual progress and a three-week look-ahead forecast. Variation from approved schedules and plans shall be noted and rationalized;
ii. Weekly: A weekly report of quantities installed versus total quantities on items of the Work selected by Owner;
iii. Daily: A daily plant and equipment and labour report showing the construction facilities and plant and equipment utilized in the Work.
iv. Monthly: The General Contractor shall submit Planned vs Actual progress and receipt of free Issue Material or Materials supplied by Owner as per Contract conditions and reconciling of the same with Project Head.
3.21.4 Schedules and reports shall be furnished in hardcopy and/or electronic files as specified by the Owner, to permit electronic exchange of data to the maximum extent, the General Contractor shall use Microsoft
Project software for all schedule submittals.
Being followed.
3.22
B) Security: The General Contractor shall comply with the Owner's security requirements for the Site. The General Contractor shall cooperate with the Owner on all security matters and shall promptly comply with any
Project security arrangements established by the Owner. Such compliance with these security requirements shall not relieve the General Contractor of its responsibility for maintaining proper security for the above
noted items, nor shall it be construed as limiting in any manner General Contractor's obligation with respect to all applicable laws and regulations and to undertake reasonable action to establish and maintain secure
conditions at the Site.
Being followed.
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3.24
PROJECT MANAGEMENT
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3.28
The General Contractor shall carryout the complete works for construction of the said Project as specified in Project Management and Control Requirements which is annexed and marked as ANNEXURE-8
The senior management (Regional Level) of the General Contractor shall attend monthly review meeting to be held at the Owners Office.
EVIDENCE OF PAYMENTS
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4.3
Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor, the Owner may request the General Contractor to supply reasonable evidence that the nominated Subcontractor
has received all amounts due in accordance with previous invoice, less applicable deductions for retention or otherwise, unless the Contractor:
a. submits this reasonable evidence to the Owner, or
b. satisfies the Owner in writing that the General Contractor is reasonably entitled to withhold or refuse to pay these amounts, and
c. submits to the Owner reasonable evidence that the nominated Subcontractor has been notified of the General Contractors entitlement.
Construction of two high rise residential towers naming One ICC comprise of 3 Basement + Ground + Podium Top +53 Residential Floor+3 Service Floor+2 Fire check floor and Two ICC comprising of 3 Basement + Ground + Podium
Top + 60 Residential Floor +3 Service Floor+3 Fire Check Floor on land bearing CTS No. 223 (pt) situated at Island City Centre, G. D. Ambekar Marg, Dadar (E) , Mumbai 400 014.
DESCRIPTION
COMPLIANCE STATUS
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5.1.16 Except as otherwise stated in the Specification, the General Contractor shall provide and maintain all necessary accommodation and welfare facilities for the General Contractors Personnel. The General
Contractor shall not permit any of the General Contractors Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Works.
5.1.17 The General Contractor shall submit, to the Owner, details showing the number of each class of General Contractors Personnel and of each type General Contractors Equipment on the Site. Details shall be
submitted each calendar month, in a form approved by the Owner, until the General Contractor has completed all work which is known to be outstanding at the completion date, stated in the Taking Over Certificate
for the Works. The General Contractor shall keep complete and accurate records of the employment of labour at the Site. The records shall include the names, ages, genders, hours worked and wages paid to all
workers and these records shall be made available by the General Contractor for inspection by Owners personnel during normal working hours.
5.1.21 The General Contractor shall not employ forced or compulsory labour in any form. Forced or compulsory labour consists of all work or service, not voluntarily performed, that is extracted from an individual
under threat of force or penalty.
5.1.22 The General Contractor shall not employ any child to perform any work that is economically exploitative, or is likely to be hazardous to, or to interfere with, the childs education, or to be harmful to the childs
health or physical, mental, spiritual, moral, or social development or against any law.
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5.2.
5.2.1 The General Contractor is fully responsible to provide and maintain First Aid Facilities to its employees/Subcontractor/workers at work site, camps etc in line with safety regulations and local laws for the entire
duration of the execution of the Contract.
Available.
5.2.2 Where the Owner has first-aid facilities at the Site, the Owner may, at its option, make available the first-aid facilities for the treatment of employees of General Contractor who may be injured or become ill while
engaged in the performance of the Work under the Contract. The General Contractor shall avail such first-aid facilities from the Owner at its own risks, responsibilities and liabilities.
5.2.3) iii. The General Contractor shall provide Occupational Health Centre and full time Ambulance on the site
COMPONENT WARRANTIES
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6.6
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6.8
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7.2
In addition to the General Condition titled "DEFECTS LIABILITY" CONTRACTOR shall obtain or provide, for the benefit of the OWNER, warranties or guarantees for the equipment, materials and work furnished by
suppliers and subcontractors of any tier. Such warranties or guarantees are to run for the maintenance period set forth in the applicable specification of the Contract or, when not specified, that period customarily
provided by the supplier. The General Contractor shall use its best efforts to enforce such lower-tier warranties or guarantees on its own behalf or, if requested by the Owner. The General Contractor shall provide
warranty documentation before TAKING OVER CERTIFICATE can be issued or as otherwise required by the Contract.
ROYALTIES
Unless otherwise stated in the Contract, the General Contractor shall pay all royalties, cess, seigniorage rents and other payments for:
a. natural Materials obtained from outside the Site, and
b. the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are specified in the Contract.
CONTRACT SCHEDULE
7.2.1 The General Contractor shall, within 14 days of execution of this Contract submit to Owner for its written approval a Contract Schedule.
Being followed.
Construction of two high rise residential towers naming One ICC comprise of 3 Basement + Ground + Podium Top +53 Residential Floor+3 Service Floor+2 Fire check floor and Two ICC comprising of 3 Basement + Ground + Podium
Top + 60 Residential Floor +3 Service Floor+3 Fire Check Floor on land bearing CTS No. 223 (pt) situated at Island City Centre, G. D. Ambekar Marg, Dadar (E) , Mumbai 400 014.
DESCRIPTION
COMPLIANCE STATUS
Mobilization Advance
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7.7
7.7.1 The General Contractor shall be entitled for Mobilization advance of 10% of accepted Contract Award Amount of Direct Works (Part A + Part B of First Schedule to the Contract Agreement) as agreed herein
above against submission of Bank Guarantee/s for equivalent amount in following manner.
12.4.10
ii. Secured Advance shall be applicable on procurement of Cement, Steel, Structural Steel, PT Tendons, Dry Wall partitions and Doors for works intended to be carried out on the Project in the subsequent 2 months
against furnishing of the following documents but not limited to:
INSURANCE
b. The General Contractor shall indemnify and keep indemnified the Owner and hold him harmless in respect of all and any loss and expenses arising from any such injury or damage to persons or property as aforesaid
and also against any claim made by any third party in respect of injury or damage, whether under any statute or otherwise and also in respect of any award or compensation or damage consequent upon such claim.
c. The General Contractor shall, at his own expense, effect and maintain till the taking over certificate under this Contract, with an insurance company approved by the Owner, All Risks (CAR) Policy Insurance
including earthquake, cyclone risk in the joint names of the Owner and the General Contractor (the Principal Beneficiary) against all risk as per the standard comprehensive All Risk Policy for the amount of Contract
and deposit such policy or policies with the Owner before commencing the Works. The coverage under the Policy shall be 110 % of the sum insured for Contract Award Value of Rs. 1231,00,00,000/-.
e. The General Contractor shall also indemnify and keep indemnified the Owner against all claims which may be made against the Owner, by any person in respect of anything which may arise in respect of the Works
or in consequence thereof and shall, at his own expense, effect and maintain, until the completion of the Work, with an Insurance Company approved by the Owner a Third Party Public Liability Insurance policy in the
joint names of the Owner / and the General Contractor (Principal Beneficiary) against such risks and deposit such policy or policies before commencement of the Works. The Third Party Risk coverage will be to an
extent of Rs 75 crores out of which the General Contractor under the CAR Policy will cover Rs. 25 crores and the balance Rs 50 crores will be covered under the Block Policy. The necessary certificate in this regard shall
be furnished to the Owner by the General Contract from time to time. /-.
f. The General Contractor shall also indemnify the Owner against all which may be upon the Owner, whether under the Workmen's Compensation Act, 1923 or any other applicable Laws, during the currency of this
Contract or in respect of any employee of the General Contractor or Direct Sub Contractor and shall at his own expense effect and maintain until the end of the Defect Liability Period, with an insurance company,
approved by the Owner , a policy of insurance against such risks and deposit such policy or policies with the Owner from time to time during the currency of this Contract.
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Construction of two high rise residential towers naming One ICC comprise of 3 Basement + Ground + Podium Top +53 Residential Floor+3 Service Floor+2 Fire check floor and Two ICC comprising of 3 Basement + Ground + Podium
Top + 60 Residential Floor +3 Service Floor+3 Fire Check Floor on land bearing CTS No. 223 (pt) situated at Island City Centre, G. D. Ambekar Marg, Dadar (E) , Mumbai 400 014.
DESCRIPTION
COMPLIANCE STATUS
In general, it is being followed. Specific to be
highlighted.
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