24x7 Section-1 Conditions of Contract

UGANDA Tender for Civil, Structural and Architectural works
Section-1-Conditions of Contract
UGANDA
PROPOSED MEDICAL COLLEGE AT UGANDA
TENDER FOR CIVIL, STRUCTURAL AND ARCHITECTUARL WORKS FOR THE PROPOSED HOSPITAL
BUILDING.
CONDITIONS OF CONTRACT
I.NOTICE OF INVITING TENDER
1. Tender is invited for item rate contract on behalf ofLoyola College, Chennai-600034from
approved and eligible contractors for the proposed additional construction of the hostel
block construction at Loyola college block no.36, nungambakkam village, division no.119,
zone-9, of greater chennai corporation, chennai
2. The tender documents are to be issued by XXXXXXXXXXXXXXXXXXXXXXXXXXXXX, during

the office time, (10.00hrs to 17.00hrs) from March,XX,2018 to March,XX,2018. The cost
of the tender documents is Rs.xx,xxx.00 and thetender cost is not refundable.
3. The tender documents consist of the following.
Section-2-Technical Specifications
Section-3-Bill of Quantities
Section-4-Tender Drawings
4. The tender shall be accompanied with an EMD (Earnest Money Deposit) at the rate of
2.5% of the quoted value subject to a maximum of Rs.5Lakhs for the quoted values upto
Rs.10Crores and Rs.10Lakhs for the quoted values above Rs.10Crores. The EMD should
be in the form of unconditional Bank Guarantee or DD in the prescribed format, in
favour of XXXXXXXXXXXXXXXXX from a scheduled Bank and valid for 90days from the
date of receipt of the tender.
5. The quoted tenders duly sealed and signed in all pages should be submitted in sealed
covers mentioning the name of the work, name and address of the tenderer company in
the envelopes as specified in GENERAL RULES AND INSTRUCTIONS FOR THE GUIDANCE
OF TENDERERS, are to be submitted to the following address on or before 16.00hrs on
October, xx, 2017.
To,
Chennai -600034
6. The Owner will open the tenders on the same day at 16.30hrs or at their convenience
and the contents of the tenders shall be kept confidential. The tender without EMD will
be rejected.
7. Earnest money bank guarantee shall be returned to the unsuccessful tenderer

companies without any interest or any other charges with in 30days after the final
decision.
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8. The total contract period of completion of this contract in all respects to the satisfaction
of the Owner is 24(Twenty four) months including the mobilization period from the 7th
day after the date of issue of Letter of Intent (LOI) to the successful tenderer. The
completion period includes all the weather conditions.
9. If the bid is made on behalf of a company registered under the Companies Act (1959) it
shall be signed by the Managing Director or by one of the Executive Director duly
authorised for this respect by a Board Resolution.A certified copy of the Memorandum
and Articles of Association and the Board Resolution shall also be submitted along with
the tender.If the bid is made by a Partnership firm it shall be signed with seal and the
name of the firm by a partner of the firm who shall sign his name and give the namesand
addressof each partner of the firm and attach a copy of Power of Attorney with the bid,
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. If the tendereris a
limited company, the authority of the signatory would be verified by Owner. Such
authority should be authorized either in the Memorandum of Articles of Association of
the company or by a Power of Attorney by a Board Resolution.
10. The tenderer shall submit along with the tender, a construction schedule in the form of
bar chart or CPM chart indicating the schedule proposed by him/them. The same shall
be taken into consideration if it meets with the completion period as indicated in the
conditions of contract.
11. The tenderershould also submit the site organizationchart with the names of the
personnel that he/they proposes to deploy for this project, list of major plant and
machineries to be deployed for this project and the method of statement for his works.
12. All quoted rates will be firm till the satisfactory completion of the contract. No claim
shall be entertained for any revision of rates for the reasons whatsoever.
13. The tenderer shall submit, without exception, the offer, which complies fully with the
requirements of all the tender documents.
14. Tender documents are not transferable including assignable.
15. The tender shall remain valid for acceptance for a period of 90days from the last date of
receipt of the tender, which may be extended by mutual agreement.
16. The tender is for item rate contract shall be quoted for the complete scope of work
described in the bill of quantities, specifications etc. and the CONTRACTOR to finish the
work consistent with true intent and meaning of the specifications.
17. Canvassing whether directly or indirectly, in connection with tenderers is strictly

prohibited and the tenders submitted by the tenderers who resort to canvassing will be
liable to rejection.
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18. Owner reserves the right to accept the lowest or any other tender and to reject any or
all the tenders received without the assignment of any reason. All tenders in which any
of the prescribed condition is not fulfilled or any condition including that of conditional
rebate is put forth by the tenderer shall be summarily rejected.
Date: October, xx, 2018.
Engineer-in-Charge
Chennai -600034
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II. TENDER INFORMATION:
PROPOSED MEDICAL COLLEGE AT UGANDA

1. NAME OF THE CONTRACT
2. DATE OF ISSUE OF TENDER xx/October/2018
XXXXXXXXXXXXXXXXXXX, Chennai -600034

3. PLACE OF ISSUE OF TENDER
4. COST OF TENDER DOCUMENT Rs.xxxxxxxxxx
5. EARNEST MONEY DEPOSIT As prescribed in the Notice of inviting tender.
6. LAST DATE FOR RECEIPT OF xx/October/2018

TENDER
XXXXXXXXXXXXXXXXXXX, Chennai -600034

7. PLACE OF SUBMISSION OF
TENDER
8. VALIDITY OF TENDER 90 Days from the date of bid opening which may be extended
by mutual agreement.
9. TYPE OF CONTRACT Item rate contract. (Measure and pay contract).
10. VARIATION No limit
9. PERIOD OF COMPLETION 24 (Twenty four) Months
10. DEFECTS LIABILITY PERIOD 1 (One) Year from the date of completion and acceptance of
works.
12. LIQUIDATED DAMAGES 0.5% per week to a maximum limit of 5%
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13. PAYMENT TERMS a. Mobilization advance to an extent of 5% of the contract

value against submission of advance Bank Guarantee as per
the format issued by Owner. The advance shall be recovered on
pro-rata basis from first running bill onwards subject to full
recovery till the amount of work done as per Running bill does
not exceed 90% of the value of Contract.50% of the mobilization
advance will be paid along with the order and balance 50% will
be paid after successful mobilization of men and material.
Advance bank guarantee shall be issued for full amount.
b. upto85% progressive payment against RA Bills.
c. upto 95% against building wise completion and acceptance

and against receipt of Test report and acceptance from our
structural consultants and architects.
d. 5% retention payment will be released against submission

of Retention Bank guarantee for equivalent amount as per the
format enclosed.
14. Early completion If the contractor has complete all the works to the satisfaction
of the Employer in all respects before three months than the
duration of the completion period specified in the tender
documents, they are entitled to claim a bonus amount at the
rate of 0.5percent of the total value of the contract amount.
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III. SUBMISSION OF TENDER:
From
To
The Engineer-in-Charge,
XXXXXXXXXXXXX
Chennai -600034
I/We have received and examined all the tender documents including the notice of tender invitation,
tender information, general conditions of contract, technical specifications, bill of quantities and
tender drawings issued in connection with this contract required to be executed for the construction
in the stipulated period.
I/We have visited the site, having examined the site and its surroundings and have satisfied
myself/ourselves before submitting the tender as to the nature of ground and subsoil, the form,
nature and means of access to the site, nearest sources for all construction materials and labours,
local body and Government rules and regulations, monsoons, flood levels of the site and
surrounding area.
I/We hereby submit my/our tender for the execution of the works referred to in the aforesaid
documents upon the terms and conditions referred to therein and in accordance in all respects with
the specifications, designs, drawings and other relevant details at the unit rate contract amount and
to complete the same within the stipulated period of completion without variation in the prices
quoted.
I/We agree that any arithmetical calculation errors in my/our submission may be corrected by
applying the quoted unit rates.
I/We understand that you are not bound to accept the lowest or any of the tender and reserve the
right to reject any or all tenders without assign any reason whatsoever.
I/We agree to keep the tender open for acceptance for a period of 90 days from the due date.
A Bank Guarantee for a sum of Rs…………… dated ……………from …………………… (Name of bank) in
favour of XXXXXXXXXX is attached as Earnest Money Deposit.
I/We agree that the Earnest Money shall be forfeited if I/We withdraw the tender during the period
of validity or if I/We fail to enter into contract or furnish performance guarantee or accept
corrections or errors in my / our submission.
I/We understand that forfeiture of Earnest Money will be without prejudice to any of your rights or
remedy.
I/We agree to submit a performance Guarantee in the form of a bank guarantee within stipulated
time, if the work or part thereof is awarded to me/us.
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I/We agree that the full amount of performance guarantee shall be forfeited if I/We withdraw
my/our tender after it is awarded or fail to sign the contract or proceed with the work as stipulated.
I/We have independently considered the amount shown as liquidated damages and agree that they
represent a fair estimate of the damages likely to be suffered by you in the event of the work not
being completed in time.
My/Our bankers are:
i).
ii)
The names of partners of our firm are:
i)
ii)
Name of the partner of the firm Authorised to sign:
Or
Name of person having Power of Attorney to sign the contract:

(Certified true copy of the Power of Attorney should be attached)
Yours faithfully,
Signature of Tenderer
Date: xx, October/2018.
Telephone number
Fax number
Email id:
WITNESSES:
i). Signature:
Occupation:
Address:
ii).Signature:
Occupation:
Address:
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ARTICLES OF AGREEMENT
(FORMAT)
THIS ARTICLES OF AGREEMENT is executed at Bangalore on this ---------------------------------------------

BETWEEN
XXXXXXXXXXX, a society under the Society Registration Act 1860 having its Registered Office at block
XXXXXXXXXXXXXXXXXXXXXX, Chennai-600034 (hereinafter called "theOwner") of the one part;
AND
-------------------------------------------------------------------------------------------------------------------------------------------
----------------- (hereinafter called “the Contractor”) of the other part.
WHEREAS the OWNER is desirous of carrying out

__________________________________________ (hereinafter called "the Work") and has caused
drawings and Schedule of Quantities showing and describing the work to be done as prepared by or
under the direction of their consultants, MEDYSIS ” (hereinafter referred to as “the Consultant”).
AND WHEREAS the said drawings numbered as per list attached to the Bid document covering
conditions, the specifications and the Schedule of Quantities have been signed by or on behalf of the
parties hereto.
AND WHEREAS the Contractor has furnished Bank Guarantee for a sum of Rs. _________________
as Performance Bond, valid till the end of defect liability period of twelve calendar months from the date
of taking over the work by OWNER with provision for direct re-validation of the Bond on demand if so
required by OWNER for due performance of this Agreement.
AND WHEREAS the Contractor has supplied OWNER with a fully priced copy of the said Schedule of
Quantities, (which copy is hereinafter referred to as "the Contract Bills") and WHEREAS the said
Drawings (hereinafter referred to as "the Contract Drawings") and the Contract Bills have been signed
by or on behalf of the parties hereto.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. For the consideration hereinafter mentioned the Contractor will upon and subject to the
Conditions annexed or forming part of the Tender dated _________ issued by OWNER for the
works carry out and complete the Work shown upon the Contract Drawings and described by or
referred to in the Contract Bills and in the said Conditions.
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2. OWNER will pay the Contractor the said contract amount Rs............………
(Rupees……………………………................................... only), (Hereinafter referred to as "the
Contract Sum") which amount shall be inclusive of all taxes and other statutory levies as may
be applicable on the same from time to time and subjected to all statutory deductions as may be
necessary.. OWNER shall also pay such other sum as may be payable in the manner specified
in the said Conditions.
3. The term "the Consultant” in the said Conditions shall mean MEDYSIS, or in the event of their
ceasing to be the Architect for the purpose of this Contract, such other person as OWNER shall
nominate for that purpose. Provided always that no person subsequently appointed to be the
Architect under this clause shall be unreasonably entitled to disregard or overrule any certificate
or opinion or decision or approval or instruction given or expressed by the Architect at any time.
4. The following documents shall include the "Contract Documents" and be read and construed as
part of this Agreement, viz:
a) The said Tender dated _____ issued for the works
b) The Drawings dated _____ issued by in respect of the work.
c) Priced Bill of Quantities and preambles thereto.
d) Letter of acceptance dated ______.
e) All correspondence dealing with the Tender / Contract.
f) Letter of Intent dated
g) Purchase Order no. dated
h) All schedules and draft Proforma in connection with the Contract.
i) Any other papers and documents covered by the definition of Contract.
5. The Contract is an item rate contract to carry out the work in respect of
……………………………………………. works. The Contractor shall be paid for the actual
quantity of work done, as measured at site, at the accepted rate contained in the Contract bills.
6. The Contractor shall carry out of all works relating to the works in the manner laid down in
the said Conditions, and shall make good any damage done to walls, floors, and other
properties of the owner during execution and after the completion of such works.
7. The OWNER reserves to itself the right of altering the Drawings and nature of the work by
adding to or omitting any items of work or having portions of the same carried out without
prejudice to this Contract, and the Contractor shall not be entitled to any compensation or
claim due to such changes / Orders by OWNER. The Contractor will only be paid for the actual
quantity of works done payable at the accepted unit rates.
8. All differences and disputes arising between OWNER and the Contractor on any matter
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connected with the assignment shall be referred to Arbitration. The Arbitration proceedings shall
be conducted in English and in accordance with the provisions of Arbitration and Conciliation
Act 1996 or any statutory modification or enactment thereof. The venue of Arbitration shall be
Tamilnadu.
The parties hereby agree that one arbitrator shall be appointed by each party. Such Arbitrators
together will appoint a third arbitrator who shall act as the Presiding Arbitrator. The award given
by the Arbitrators will be binding on the parties.
9. Time shall be considered as the essence of this Contract and the Contractor hereby agrees to
commence the work within the period specified in the letter of Intent, purchase order
provided for in the said Conditions and to complete the entire work within a period specified in
the purchase order thereof subject nevertheless to the provisions for extension of time.
10. All payments by OWNER under this contract will be made by account payee cheques payable
at Bangalore in Indian Rupees.
11. All disputes arising out of or in any way connected with this agreement shall be deemed to have
arisen at Bangalore and Courts in Bangalore shall have jurisdiction over them.
12. That all parts of this Contract have been read by the Contractor and fully understood by the
Contractor.
MEDYSIS CONTRACTOR
Signed and Delivered

………………………………………. …………………………………..
By:
Name and Designation: ………………………………………. …………………………………..
Address: ………………………………………. ……………………………………….
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WITNESSES:
1. Signature: ………………………………………. …………………………………..
Occupation: ………………………………………. …………………………………..
Address: ………………………………………. ……………………………………….
2. Signature: ………………………………………. …………………………………..
Occupation: ………………………………………. …………………………………..
Address: ………………………………………. ……………………………………….
The COMMON SEAL OF ………...............................................was hereunto affixed pursuant to the

resolutions passed by its Board of Directors at the meeting held on .....………..
In the presence of :
(1) Name and Designation:
If the Contractor signs under its common seal, the signature clause should correspond with the sealing
clause in the Articles of Association.
Directors who have signed these presents in token thereof in the presence of:
If the Contractor signing by the hand of power of attorney,
SIGNED AND DELIVERED BY the Contractor by the hand of Shri ...................... and duly
constituted attorney.
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IV. CONTRACT CONDITIONS

1. DEFINITIONS AND INTERPRETATIONS:
1.1. The Contract means the documents forming the tender and acceptance thereof and the
formal the Contractor, together with the documents referred to therein including these
conditions, the specifications, designs, drawings and instructions issued from time to
time by the Engineer-in- Charge and all these documents taken together, shall be
deemed to form one contract and shall be complementary to one another.
1.2. In the CONTRACT (as hereinafter defined) the following words and expressions shall,
unless the context otherwise requires, have the meanings, hereby respective assigned to
them.
1.2.1. The expression “WORKS OR WORK” shall mean, unless there be something either in the
subject orcontext repugnant to such construction, be construed and taken to mean the
worksby or by virtue of the contract contracted to be executed whether temporary
orpermanent, andwhether original, altered, substituted or additional.
1.2.2. The “SITE” shall mean the land/or other places on, into or through which work isto be
executed under the contract or any adjacent land, path or street through whichwork is
to be executed under the contract or any adjacent land, path or streetwhich may be
allotted or used for the purpose of carrying out the contract.
1.2.3. The “OWNER” shall means XXXXXXXXXXXXX and the legal successors, representatives,
assigns of the Owner.
1.2.4. The “ENGINEER-IN-CHARGE” means the duly authorised representative of the OWNER
who will act for and on the behalf of OWNER for operation of this contract.
1.2.5. The “CONSULTANT” means “MEDYSIS” duly appointed by the OWNER for the preparing
the design and drawings for the execution of the works.
1.2.6. The “PMC” shall mean any team of Engineers appointed from time to time by the
OWNER to perform the duties set forth in the tender document whose authority shall be
notified in writing to the CONTRACTOR by the Engineer-in-charge/Owner.
1.2.7. The “TENDER” shall mean the tender submitted by the CONTRACTOR for acceptance by
the "OWNER". The successful tenderer will hereinafter be called as "CONTRACTOR". The
term Contractor shall include SUB-CONTRACTOR.
1.2.8. The “CONTRACTOR” shall mean the individual, firm or company, whether incorporated
or not, undertaking the works and shall include the legal personal representative of such
individual or the persons composing such firm or company, or the successors of such
firm or company and the permitted assignees of such individual, firm or company.
1.2.9. The “SUB CONTRACTOR" shall mean any person or firm or company (other than the
CONTRACTOR) to whom any part of work has been assigned by the CONTRACTOR upon
the approval of the Owner.
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1.2.10. The "CONTRACT" shall mean the agreement between the OWNER and the CONTRACTOR
for the execution of the said works including therein all documents such as the
conditions of contract technical specifications, bill of quantities, tender drawings, etc;
1.2.11. The "CONTRACT PRICE” means the sum named in the letter of acceptance subject to
such additions thereto, or deductions therefrom as may be made under the provisions
hereinafter contained.
1.2.12. The ”CONTRACT DOCUMENT” shall mean collectively the Tender Documents, Designs,
Specifications, Schedule of Rates/Prices, letter of Acceptance of Tender, agreed
variation, if any and other documents constituting the Tender and acceptance thereof.
1.2.13. The "SPECIFICATIONS" shall mean all directions, technical specifications, provisions and
requirements attached to the CONTRACT, which pertain to the method and manner of
performing the WORK to the quantities and qualities of the WORK and the materials to
be furnished under the CONTRACT for the WORK as may be amplified or modified by
Drawings for the performance of the CONTRACT in order to provide for the unforeseen
conditions or in the best interests of the WORK.It shall also include the latest edition
including all addenda/corrigenda of relevant Indian Standard Specifications and other
relevant Codes.
1.2.14. "DRAWINGS" shall include maps, plans, sketches and tracings or prints thereof with any
modifications approved in writing by the Engineer-in-charge and such other Drawings as
may from time to time be furnished or approved in writing by the Engineer-in-
Charge.Drawings shall indicate dimensions, details, positions and type of construction.
1.2.15. "SITE" shall mean the land and waters and other places on, under, in or through which
the WORK is to be carried out and any other lands, water or places provided by the
OWNER for the purpose of the CONTRACT together with any place designated in the
CONTRACT as forming part of the SITE.
1.2.16. "CONSTRUCTION PLANT" means all appliances or things of whatsoever nature required
inconnection with the execution, completion or maintenance of the works or temporary
works butdo not include materials or other things intended to form or forming part of
the permanentwork.
1.2.17. The "COMPLETION CERTIFICATE" shall mean a certificate to be issued by the “ENGINEER-
IN-CHARTG” / OWNER when the WORK has been completed in all aspects to the
satisfaction of the OWNER.
1.2.18. The "FINAL CERTIFICATE" shall mean a certificate to be issued by the OWNER after the
period of defects liability period regarding the satisfactory compliance of the various
provisions of the CONTRACT by the CONTRACTOR.
1.2.19. The "DEFECTS LIABILITY PERIOD” in relation to a WORK means the specified period from
the date of completion of WORK as indicated in completion certificate up to the date of
issue of final certificate during which the CONTRACTOR stands responsible for rectifying
all defects that may appear in the WORK.
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1.2.20. The "VARIATION ORDER” means an order given in writing by the OWNER/ENGINEER-IN-
CHARGE to effect additions to or deletions from and alterations in the WORK mentioned
in the CONTRACT.
1.2.21. "LETTER OF ACCEPTANCE” shall mean,the intimation given by the OWNER/ENGINEER-IN-

CHARGE” by a Letter to the successful Tenderer that the Tender has been accepted in
accordance with the provisions contained therein.
2. GENERAL RULES AND INSTRUCTIONS FOR THE GUIDANCE OF TENDERERS:
2.1. Contract documents consisting of the plans, complete specifications, the schedule of
quantities of the above work to be done, and the set of conditions of contract to be
complied with by the person against whose tenders may be accepted.
2.2. The tenderer shall be visited the site and examined the site of works and its
surroundings and obtained all information for him at his responsibility such the nature of
the ground and sub soil, the means of access to the site, nearest material sources for
construction, labour resources available locally, the local climate conditions, the local
and government rules and regulations governing the site area, local means of
communications and any other information that may be necessary for preparing the
tender. All associated costs shall be at tenderers own expense
2.3. The “SITE” for the works mentioned in this tender document is located at Survey
numbers XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX.
2.4. The tenderer shall carefully examine all tender documents and shall report in writing to
the OWNER, any discrepancy or difference found therein. The OWNER, on receipt of
such information shall take necessary action, as he deems fit. In case any discrepancies
or deviations are discovered after award of works, the decision of the OWNER shall be
final and binding.
2.5. Full set of complete tender documents shall be returned duly completed and signed in
each page of the documents.
2.6. The tenderers are invited to send their queries in writing before the pre-bid meeting to
Architects. Answers to these queries, and any further query that may come up in pre-bid
meeting will be circulated to all tenderers and these will form a part of bid document.
2.7. The OWNER may issue amendment/s to modify the tender documents. These will be
sent to prospective tenderers prior to date of submission of tenders and shall be binding
on them. Amendments to the tender documents, if issued, must be signed and
submitted along with the tender documents. Such amendments shall form part of
tender documents. If necessary the date of submission of tenders may be extended so
as to give reasonable time to the tenderers to act on the amendments. All conditions
applicable to original date will also be applicable to the extended date of submission.
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2.8. The bid and the contract documents and all correspondence, drawings, documents and
any written matter relating to this contract shall be in English. In case any supporting
document furnished by tenderer is in any other language, the same shall be
accompanied by an English translation. Information in any other language shall be
accompanied by an appropriate translation in English. For the purpose of interpretation
of contract the English translation shall prevail.
2.9. The law to which the Contract is to be subjected and according to which the Contract is
to be construed shall be the law for the time being in force in the Republic of India.
2.10. Transfer of tender document purchased by one tenderer to another is not permissible.
2.11. No alterations shall be made by the tenderer to any of the tender documents. Such
alterations, if made, will be disregarded and the original texts will be strictly adhered to.
2.12. Each item is to be priced individually. In case any item is not priced, its value will be
deemed to be included in the rates contained elsewhere in the Bills of quantities.
Descriptions in Bill of Quantities are to be read in conjunction with all other tender
documents.
2.13. The basic price is mentioned for finishing items and during execution if any material is
decided with different basic price, the difference between the basic price and the price
of the newly selected material will be paid by the OWNER. In-order to arrive this price
the OWNER will negotiate with any material supplier for the materials what is selected
by them. The CONTRACTOR shall provide all necessary materials including cement and
reinforcement steel, equipment, plant, machineries, scaffolding, vehicles, team of
engineers and labouretc; for the execution and maintenance of the WORK till
completion unless otherwise specifically agreed to in writing. All materials shall be got
approved from the Engineer-in-Charge/PMC before use for construction.
2.14. The CONTRACTOR shall make his own arrangements for power and water for the work
at his cost for the construction works. No extra cost will be paid for the same. The
quality of the water to be tested in an approved laboratory at Contractor’s cost and got
approved from the Engineer-in-Charge/PMC. The necessary water storage arrangements
are to be done by the contractor. The electrical shall be done as per Indian Electricity
rules. The temporary lines / structures shall be removed by the CONTRACTOR at his own
cost after completion of the work. If there is any hindrance to other works due to these
lines / structures, during the progress of work, the same shall be realigned at the
CONTRACTORS cost. The CONTRACTOR is responsible to make adequate infrastructure
and standby facilities for the continuous supply of electric power required for the
satisfactory execution of the work without stoppage. The CONTRACTOR should submit
his plans on this facility for the approval of the Engineer-in-charge.
2.15. Any arithmetical error resulting in increase/decrease of final tendered amount shall be
rectified by a percentage adjustment in the final amount so as to maintain the final
quoted tender amount intact. Such adjustment will be applicable to assessment of
variation orders that are based on tendered rates. Any sums or unit rates, which are
obviously erroneous, shall be adjusted so as to form a fair and reasonable rate.
However, the final tendered amount will not be affected. Any change due to such
adjustment will be dealt with as per aforesaid.
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2.16. All tender prices shall be quoted only in Indian Rupees.
2.17. The tender shall remain valid and open for acceptance for a period of 90 days from the
specified date of receipt of tender. This can be extended, if necessary, only with the
written consent of the tenderer.
2.18. The tenderer shall furnish as part of his tender, as tender security, earnest money as
given in the notice inviting tender failing which the tender will be rejected. The earnest
money can be in the form of an irrevocable bank guarantee in the prescribed Proforma
in favour of XXXXXXXXXXXXXX Chennai -600034, from a Scheduled Bank which shall be
valid for a period of 30 days beyond the period of validity of the tender. The EMD of
unsuccessful tenderers will be returned within 30days after final decision, concerning
the whole of works. The tender security (EMD) shall be forfeited if a tenderer withdraws
his tender during the period of validity or the successful tenderer, if he fails to enter into
the contract or furnish performance guarantee or fails to accept corrections of errors in
his tender.
2.19. The tenderer shall submit, without exception the offer which complies fully with the
requirements of all the tender documents. The tenderer may, in addition to his offer,
submit alternatives for items subject to the same meeting the functional requirements
and complying with the specifications, wherever applicable. Technical alternatives
accompanied by all necessary information may also be submitted in addition. However,
these should be compatible with the overall layout plan of the facilities. In any case such
alternatives will only be considered as solicited alternatives which, if accepted, will be
binding on the tenderer. The OWNER reserves the right to reject or not consider such
alternatives without assigning any reason.
2.20. All signatures in tender document shall be dated with seal of the firm/company , as well
as all the pages of all sections of tender documents shall be initialed by the tenderer
with seal incase of firm/Company. All corrections and alteration in the entries of tender
papers will be signed in full by the tenderer with date and seal incase of firm/Company.
No erasures or overwriting are permissible.
2.21. The contents of the tender documents shall be treated as private and confidential by all
the recipients. Tenders must be delivered at the OWNER OFFICE before 16hrs on the
designated date of submission. Any tender received after the expiry of the deadline will
not be considered. Tender, on submission as mentioned above, shall be the property of
the ARCHITECT and it shall not be returned to tenderer on any account.
2.22. The OWNER is not bound to accept lowest or any tender or assign any reason for his
action. He reserves the right to divide the work between two or more tenderers.
Subsequent to the receipt of tenders all information relating to processing the tenders,
their evaluation, comparison and observations concerning award of works shall not be
disclosed to tenderers. Any effort by any of the tenderers to use influence in the process
leading to award of works may result in the rejection of his tender. The OWNER may ask
the tenderers, individually, for clarifications of any aspect of the submitted tenders and
such clarification shall be forthwith supplied. Tenders determined to be responsive will
be checked by the OWNER for any arithmetical errors in computation and summation.
Errors will be corrected as follows:
MEDYSIS 16 | Page
(a) Where there is a discrepancy between unit prices in figures and in words, the unit
prices in words will govern; and
(b) Where there is a discrepancy between the unit price and the total amount derived
from the multiplication of the unit price and the quantity, the unit price as quoted
will normally govern unless in the opinion of the OWNER there is an obviously gross
misplacement of the decimal point in the unit price, in which event, the total
amount as quoted will govern.
If a tenderer does not accept the correction of errors as outlined above, his tender will
be rejected and his tender security forfeited.
2.23. The tender documents are in sealed cover and consisting of two separatesealed covers
containing the documents as under shall be covered by a third envelop(outer cover):-
Cover-I(TechnicalBid)-Earnest money Deposit, Registration nos. of Income Tax and Sales

Tax, VAT &PF with the respective authorities Certificates and experience in similarworks,
turnover certificate for last 5 years ending October, 2018 duly certifiedby the Chartered
Accountant and Earnest money deposit.(Photocopy of all certificates in support of
theabove to be submitted)
Cover-II (Price Bid)-The priced tender papers (in duplicate) including the tender
conditions, technical specifications and drawings.
3. SCOPE:
The work consists of construction of HOSPITAL including all civil, Structural and
Architectural works and the building block comprises BASEMENT + 7 Floors for HOSPITAL
block along with terrace floor having head rooms and lift machine room, overhead water
tank.
All the works shall be in accordance with the"drawings" and "Schedule of Quantities"
within the scope of this tender. It includesfurnishing all materials, labour, tools and
equipment and management necessary for theincidental to the construction and
completion of the work. All work, during its progressand upon completion, shall conform
to the lines, elevations and grades as shown on thedrawings furnished by the
OWNER/CONSULTANT. Should any detail essential for efficientcompletion of the work
be omitted from the drawings and specifications it shall be theresponsibility of the
contractor to inform the OWNER/CONSULTANT and to furnish andinstall such detail with
OWNER's/Architects' concurrence, so that upon completion ofthe proposed work the
same will be acceptable and ready for use.
OWNER/CONSULTANT may in their absolute discretion issue further drawings

and/orwritten instructions, details, directions and explanations, which are, hereafter
collectivelyreferred to as "The OWNER’s/CONSULTANT’s instructions" in regard to:
a) The variation or modification of the design quality or quantity of works or

theaddition or omission or substitution of any work.
b) Any discrepancy in the drawings or between the schedule of quantities

and/ordrawings and/or specification.
MEDYSIS 17 | Page
c) The removal from the site of any defective material brought thereon by
thecontractor and the substitution of any other material thereof.
d) The demolition removal and/or re-execution of any work executed by

thecontractor/s.
e) The dismissal from the work of any persons employed thereupon.
f) The opening up for inspection of any work covered up.
g) The rectification and making good of any defects under clauses

hereinaftermentioned and those arising during the maintenance period (defects
liabilityperiod).
The contractor shall forthwith comply with and duly execute any work comprised in such
OWNER's/CONSULTANT's instructions, provided always that verbal instructions,
directionsand explanations given to the contractor's or his representative upon the
works by the OWNER/CONSULTANTs shall if involving a variation be confirmed in writing
to thecontractor/s within seven days. No works, for which rates are not specifically
mentionedin the priced schedule of quantities, shall be taken up without written
permission ofthe OWNER/ CONSULTANTs. Rates of items not mentioned in the priced
schedule ofquantities shall be fixed by the OWNER in consultation with the
CONSULTANT as providedin Clause "variation".
The contractor shall set up a field laboratory with necessary equipments for day to
daytesting of materials like grading of coarse and fine aggregates, silt content
andbulkage of sand crushing strength of concrete etc. Such laboratory shall be set up
atsite during mobilization period so that the field laboratory is available from the date
ofcommencement of work.
Regarding all factory made products for which ISI marked products are available,only
products bearing ISI marking shall be used in the work. Other products should
besupplied as per the brand name mentioned in the Technical Specifications.
4. DETAILED DRAWINGS AND INSTRUCTIONS:
The OWNER through theirCONSULTANT shall furnish with reasonable promptness

additionalinstructions by means of drawings or otherwise necessary for the proper
execution ofthe work. All such drawings and instructions shall be consistent with the
ContractDocuments, true developments thereof, and reasonably inferable there from.
The work shall be executed in conformity therewith and the Contractor shall not
workwithout proper drawings and instructions.Immediately after receipt of the work
order of the contract the contractor shall preparea progress schedule and submit the
same to the OWNER through the CONSULTANT forapproval which shall indicate the
dates for the starting and completion of the variousstages of constructions.
MEDYSIS 18 | Page
5. COPIES FURNISHED:
The Contractor on the signing hereof shall be furnished by the OWNER through their
CONSULTANT free of charge with a copy of the priced schedule of quantities/rates,
twocopies of each of the said drawings and one copy of specifications and two copies
ofall further drawings issued during the progress of the work. Any further copies ofsuch
drawings required by the Contractor shall be supplied on payment of the chargesthereof
by the contractor.
6. OWNERSHIP OF DRAWING:
All drawings, specification and copies thereof furnished by the OWNER through
theirCONSULTANTs are the property of the OWNER. They are not to be used on other
work,and with the exception of the signed contract set, are to be returned to the
OWNER on request at the completion of the work.
7. ROYALTIES & PATENTS:
The contractor shall pay all royalties and license fees. He shall defend all suits orclaims
for infringement of any patent rights and shall save the OWNER harmless fromloss on
account thereof.
8. SUPERINTENDENCE SUPERVISION:
The Contractor shall give all necessary personal superintendence during the executionof
the work and this obligation and liability will continue until expiration of
the'Maintenance Period' (Retention Period). The contractor shall also during the whole
timeof work when in progress shall employ a competent representative who shall
beconstantly in attention at the site while his men are at work. Any
directions,explanations, instructions or notices given by the OWNER or the CONSULTANT
to suchrepresentative shall be deemed to have been given and duly served on the
contractor.
9. FAILURE BY CONTRACTORS TO COMPLY WITH OWNER'S:
If the contractor after receipt of written notice from the OWNER requiring
compliancewithin ten days fails to comply with such further drawings and/or
OWNER'sinstructions, the OWNER through the CONSULTANT or other person, may
employ otherperson to execute any such work whatsoever that may be necessary to
give effect thereto and pay all cost incurred in connection therewith and same shall
berecoverable from the contractor by the OWNER as a debt or shall have right todeduct
same from any money due or to become due to the contractor.
10. TENDERER SHALL VISIT THE SITE:
Intending tenderer shall visit the site and make him-self/them-self thoroughly
acquainted with thelocal site condition, nature and requirements of the works, facilities
of transportcondition, effective labour and materials, access and storage for materials
and removalof rubbish. The tenderer shall provide in their tender for cost of carriage,
freight andother charges as also for any special difficulties and including police
restriction fortransport etc for proper execution of work as indicated in the drawings.
MEDYSIS 19 | Page
The successfultenderer will not be entitled to any claim of compensation for difficulties
faced or lossesincurred on account of any site condition which existed before the
commencement ofthe work or which in the opinion of the OWNER/CONSULTANTs might
be deemed tohave reasonably been inferred to be so existing before commencement of
work.
11. TENDERS:
The entire set of tender paper issued to the tenderer should be submitted fully
pricedand also signed on the last page together with initials on every page.
Initial/signaturewill indicate the acceptance of the tender papers by the tenderer.The
schedule of quantities shall be filled in as follows:
a) The 'Rate' column to be legibly filled in ink in both English figures and Englishwords.
b) Amount column to be filled in for each item and the amount for each sub head
asdetailed in the "Schedule of Quantities".
c) All corrections are to be initialed.
d) The 'Rate Column' for alternative items shall be filled up.
e) The 'Amount" column for alternative items of which the quantities are
notmentioned shall not be filled up.
f) In case of any errors/omissions in the quoted rates, the rates given in the
tendermarked "Original" shall be taken as correct rates.
g) When there is difference between the rates in figures and in words the rate which
corresponds to the amounts worked out by the contractor shall be taken as correct.
No modifications, writings or corrections can be made in the tender papers by

thetenderer, but may at his option offer his comments or modifications in a
separatesheet of paper attached to the original tender papers.
The OWNER reserves the right to reject the lowest or any tender and also todischarge
any or all the tenders for each section or to split up and distribute anyitem of work to
any specialist firm or firms, without assigning any reason.
The tenderers should note that the tender is strictly on the item rate basis and
theirattention is drawn to the fact that the rates for each and every item should be
correct,workable and self-supporting. If called upon by the OWNER/CONSULTANT’s
detailed analysisof any or all the rates shall be submitted. The OWNER/CONSULTANT
shall not be boundto recognize the contractor's analysis.
The works will be paid for as "measured work" on the basis of actual work done.
All items of work described in the schedule of quantities are to be deemed and paid
ascomplete works in all respects and details including preparatory and finishing
worksinvolved, directly, related to and reasonably detectable from the
drawings,specifications and schedule of quantities and no further extra charges will be
MEDYSIS 20 | Page
allowed inthis connection. In the case of lump-sum charges in the tender in respect of
any item ofworks, the payment of such items of work will be made for the actual work
done on thebasis of lump-sum charges as will be assessed to be payable by the OWNER.
The OWNER has power to add to omit from any work as shown in drawings ordescribed
in specifications or included in schedule of quantities and intimate the samein writing
but no addition, omission or variation shall be made by the contractorwithout
authorization from the OWNER. No variation shall vitiate the contract.
The tenderer shall note that his tender shall remain open for consideration for a
periodof 90days from the date of opening of the tender.
12. SCHEDULE FOR COMPLETION OF WORK:
The contractor shall submit a time and progress chart in a form approved by theOWNER
through theirCONSULTANTs within fifteen days from the date of issue of work orderor
the date on which the contractor is instructed to take procession of the site,whichever is
later.
A Bar Chart showing major activities along with the target dates for completion shall be
submitted by the tenderers and the contractors shall have to follow thesame.The
contractors shall have to put all their resources and Endeavour to complete thebuilding,
if possible, earlier than the schedule time shown in the programme. Keepingthe general
target dates as given in bar chart of the tender, the contractors shall haveto prepare
detailed work programme showing in addition to the items alreadyindicated in the
programme, other items, the completion of which would affect theoverall timeschedule
of the programme. This work programme shall clearly indicate thecompletion of Project.
The contractors shall have to prepare their own material in flowaccording to the final
Network Programme as accepted by OWNER. The workprogramme shall have to be
updated at regular intervals and modified programme shallbe submitted to the
CONSULTANT/OWNER for approval. In no case the overall date forthe completion of
important items as indicated in the programme should be changedwithout prior consent
of CONSULTANT/OWNER.
13. CO-OPERATION:
The contractor will be required to consult and co-operate with other contractorswhose
work may be affected by the work under this contract.
14. TREASURE TROVE ETC:
Any treasure trove, coin or object antique which maybe found on the site shall be
theproperty of the OWNER and shall be handed over to the OWNER.
15. PERMITS AND LICENCES:
Permits and licenses for release of materials which are under Government controlwill be
arranged by the contractor. The OWNER will render necessary assistance, signany forms
or applications that may be necessary.
MEDYSIS 21 | Page
16. GOVERNMENT AND LOCAL RULES:
The contractor shall conform to the provisions of all local Bye-laws and Acts relating
tothe work and to the Regulations etc of the Government and Local Authorities and
ofany company with whose system the structure is proposed to be connected.
Thecontractor shall give all notices required by said Act, Rules, Regulations and
Byelawsetc and pay all fees payable to such authority/authorities for execution of
thework involved. The cost, if any, shall be deemed to have been included in his
quotedrates, taking into account all liabilities for licenses, fees for footpath
encroachment andrestorations etc and shall indemnify the OWNER against such
liabilities and shalldefend all actions arising from such claims or liabilities.
17. TAXES AND DUTIES
The tenderers must include in their tender prices quoted for all taxes, dutiesroyalties,
GST or any other taxes or local charges if applicable. The rates shallalso include sales tax
on works contract &GST as per State Government norms.No extra claim on this account
will in any case be entertained.
18. POSSESSION PRIOR TO COMPLETION:
The OWNER shall have the right to take possession of or use any completed orpartially
completed part of the work. Such possession or use shall not be an acceptanceof any
work not completed in accordance with the contract Agreement.
19. EXCEPTED MATTERS:
If the dispute or differences pertain to the undernoted matters the decision in writing
ofthe Officer designated in and signing the contract documents shall be final,
conclusiveand binding on the parties.
a) Instructions.
b) Transactions with Local Authorities.
c) Proof of quality of materials.
d) Assigning or under letting of the contract.
e) Certificate as to the causes of delay on the part of the contractor and

justifyingextension of time.
f) Rectifying of defects pointed out during the Defects Liability Period.
g) Notice to the contractor to the effect that he is not proceeding with due diligence.
h) Certificate that the contractor has abandoned the contract.
i) Notice of determination of the contract by the OWNER.
MEDYSIS 22 | Page
20. QUANTITY OF WORK TO BE EXECUTED:
The quantities shown in the Schedule of Quantities are tentative to cover the entire
newstructure indicated in the drawings but same may vary on the basis of
actualrequirement at site. As such no claim on this ground will be entertained by
theOWNER. The OWNER reserves the right to execute only a part or the whole or
anyexcess of the work thereof without assigning any reason thereof. The rate quoted
shallremain valid for any variation of quality against individual item to any extent.
21. OTHER PERSONS ENGAGED BY THE OWNER:
The OWNER reserves the right to execute any part of the work included in this
contractor any work which is not included in this contract by other Agency or persons
andcontractor shall allow all reasonable facilities and use of his scaffolding for the
executionof such work. The main contractor shall extend all cooperation in this regard.
22. LABOUR & PAYMENT OF WAGES TO LABOUR:
No labour below the age of 14 years shall be employed on the work.
Payment of Wages to Labour
a) The contractor shall pay to labour employed by him either directly or

throughspecialized firms, wages not less than fair wages as applicable within the
Stateof Tamilnadu or as per the provision of the Contract Labour (Regulation
andAbolition) Act, 1970 and the Contract Labour (Regulation and Abolition)
CentralRules 1971 wherever applicable.
b) The contractor shall not withstanding the provision of any contract of the
contrarycause to pay fair wages to labour indirectly engaged on the work, including
anyengaged by his specialized firms in connection with the said work, as if the
labourhas been immediately employed by him.
c) In respect of all labour directly or indirectly employed in the work for performanceof
the contractor's part of this agreement the contractor shall comply with orcause to
be complied with the Labour Regulations as mentioned in Sub-para (a)above made
from time to time in regard to payment of wage, wage period,deductions from
wages, recovery of wages not paid and deductions unauthorisedmade, maintenance
of wage books or wage slips, publication of scales of wagesand other terms of
employment, inspection and submission of periodical returnsand all other matters
of the like nature or as per the provisions of the contractLabour (Regulation and
Abolition) Act 1970 and the Contract labour (regulationand Abolition) rules 1971
wherever applicable.
d) The OWNER concerned shall have the right to deduct from the moneys due tothe
contractor any sum required or estimated to be required for making good theloss
suffered by a worker or workers by reason non-fulfillment of the conditionsof the
contract for the benefit of the workers non-payment of wages or ofdeductions made
from his or their wages which are not justified by their terms ofcontract or non-
observance of the Regulations as mentioned above.
MEDYSIS 23 | Page
e) The contractor shall comply with the provisions of Wages Act, 1936, minimumwages
Act, 1945. Employees Liability Act, 1938, Industrial Dispute Act, 1947.Maternity
benefit Act, 1961 and the Contract Labour (Regulations and Abolition) Act, 1970 or
the modification thereof or any other Laws relating hasbeen immediately employed
by him.
f) The contractor shall indemnify the OWNER against payment to be made underand
for the observance of the laws aforesaid and the CPWD Contractors
'LabourRegulations having application within the State of Tamilnadu
withoutprejudice to his right to claim indemnity from his sub-contractors.
g) The Regulation aforesaid shall be deemed to be a part of his contract and anybreach
thereof shall be deemed to be breach of this contract.
23. EARNEST MONEY DEPOSIT AND SECURITY DEPOSIT:
EARNEST MONEY DEPOSIT (EMD):
The tenderer will have to deposit an amount to be calculated to a sum as prescribed in

the notice of inviting tender at the time of submission oftender as Earnest Money.
TheOWNER is not liable to pay any interest on theEarnest Money. The Earnest Money of
the unsuccessful tenderers will be refundedwithout any interest soon after the decision
to award the work is taken or after theexpiry of the validity period of the tender.
SECURITY DEPOSIT:
a) A sum @10% of the gross amount of the bill shall be deducted from each runningbill
of the contractor till the sum along with the sum already deposited as
earnestmoney, will amount to Security Deposit of 5% of the tendered value of the
work.
b) The contractor shall deposit an amount equal to 5% of the tendered value of

thework as performance guarantee in the form of an irrevocable bank
guaranteebond of any Scheduled Bank in accordance with the prescribed form or in
the formof Government security, fixed deposit receipt etc as in the case security
depositwithin 7days of the issue of letter of intent but before award of work. This
periodcan be further extended by the Engineer-in- Charge up to a maximum period
of 7days on written request of the contractor. After recording the completion
certificatefor the work by the competent authority, the performance guarantee
(PBG) shallbe returned to the contractor on completion of the retention period
without anypending complaint but without interest.
The Security Deposit may be refunded 30(thirty) days after the end of defectsliability
period provided he has satisfactorily carried out all the work and attended to
alldefects in accordance with the conditions of the Contract where no pending issue
willbe in existence.
MEDYSIS 24 | Page
24. CONTRACTOR TO PROVIDE EVERYTHING NECESSARY:
The contractor shall provide everything necessary for the proper execution of the
workaccording to the intent and meaning of the drawings, schedule of quantities
andspecifications taken together whether the same may or may not be particularly
shownordescribed therein provided that the same can reasonably be inferred there
from and ifthe contractor finds any discrepancies therein he shall immediately and in
writing,refer the same to the OWNER/CONSULTANTs whose decision shall be final and
binding.The contractor shall provide himself for ground and fresh water for carrying out
of theworks at his own cost. The OWNER shall on no account be responsible for
theexpenses incurred by the con-tractor for hired ground or fresh water obtained
fromelsewhere.
The rates quoted against individual items will be inclusive of everything necessaryto
complete the said items of work within the contemplation of the contract, andbeyond
the unit price no extra payment will be allowed for incidental or contingentwork, labour
and/or materials inclusive of all taxes and duties whatsoever except forspecific items, if
any, stipulated in the tender documents.
The contractor shall supply, fix and maintain at his own cost, for the execution of
anywork, all tools, tackles, machineries and equipments and all the necessary
centering,scaffolding, staging, planking, timbering, strutting, shoring, pumping, fencing,
boarding,watching and lighting by night as well as by day required not only for the
properexecution and protection of the said work but also for the protection of the public
andsafety of any adjacent roads, streets, walls, houses, buildings, all other
erections,matters and things and the contractor shall take down and remove any or all
suchcentering, scaffolding, planking, timbering, strutting, shoring etc as occasion shall
berequired or when ordered so to do and shall fully reinstate and make good all
mattersand things disturbed during the execution of works to the satisfaction of
theOWNER/CONSULTANT.
The contractor shall also provide such temporary road on the site as may benecessary
for the proper performance of the contract and for his own conveniencebut not
otherwise. Upon completion, such roads shall be broken up and leveled whereso
required by the drawings unless the OWNER shall otherwise direct.
The contractor shall at all times give access to workers employed by the OWNER orany
men employed on the buildings and to provide such parties with proper sufficientand if
required, special scaffolding, hoists and ladders and provide them with waterand lighting
and leave or make any holes, grooves etc in any work, where directed bythe OWNER as
may be required to enable such workmen to lay or fix pipes, electricalwiring, special
fittings etc. The quoted rates of the tenderers shall accordinglyinclude all these above
mentioned contingent works.
25. TIME OF COMPLETION EXTENSION OF TIME & PROGRESS CHART:
25.1. Time of Completion: The entire work is to be completed in all respects within
thestipulated period. The work shall be deemed to commence within seven days from
thedate of acceptance letter or date of handing over of site, whichever is later. Time
isthe essence of the contract and shall be strictly observed by the contractor.
MEDYSIS 25 | Page
The work shall not be considered as complete until the OWNER/CONSULTANTs

havecertified in writing that this has been completed and the Defects Liability Period
shallcommence from the date of such certificate.
25.2. Extension of Time: If in the opinion of the OWNER/CONSULTANTs the works be

delayed
a) By reason of any exceptionally inclement weather, or
b) By reason of instructionsfrom the OWNER in consequence of proceedings taken or
c) Delay of othercontractors or tradesmen engaged or nominated by the OWNER and

not referred to in the specification or
d) By reason of authorised extra and additions or
e) By reason ofany combination of workmen or strikes or lock-out affecting any of

thebuilding ortrades or
f) From other causes which the OWNER may consider are beyond thecontrol of the
contractor, the OWNER at the completion of the time allowed for thecontract shall
make fair and reasonable extension of time for completion in respectthereof. In the
event of the OWNER failing to give possession of the site upon the dayspecified
above the time of completion shall be extended suitably.
In case of such strikes or lockouts, as are referred to above, the contractor

shallimmediately give the OWNER, written notice thereof. Nevertheless, the contractor
shalluse his best endeavors to prevent delay and shall do all that may be
reasonablyrequired, to the satisfaction of the OWNER to proceed with the works and on
his doingso that it will be ground of consideration by the OWNER for an extension of
time asabove provided. The decision of the OWNER as to the period to be allowed for
anextension of time for completion hereunder (which decision shall be final and binding
onthe contractor) shall be promulgated at the conclusion of such strike or lock-out
andthe OWNER shall then, in the event of an extension being granted, determine
anddeclare the final completion date. The provision in clause 61 with respect to
payment ofliquidated damages shall, in such case, be read and construed as if the
extended datefixed by the OWNER were substituted for and the damage shall be
deductedaccordingly.
25.3. Progress of Work: During the period of construction the contractor shall
maintainproportionate progress on the basis of a Programme Chart submitted by the
contractorimmediately before commencement of work and agreed to by the
OWNER/CONSULTANTs.Contractor should also include planning for procurement of
scarce material well inadvance and reflect the same in the Programme Chart so that
there is no delay incompletion of the project.
MEDYSIS 26 | Page
26. TOOLS, STORAGE OF MATERIALS, PROTECTIVE WORKS AND SITE

OFFICEREQUIREMENTS:
The contractor shall provide, fix up and maintain in an approved position proper
officeaccommodation for the contractor's representative and staff which offices shall
beopen at all reasonable hours to receive instruction notices or communications
andclear away on completion of the works and make good all work disturbed.
All drawings maintained on the site are to be carefully mounted on boards of

appropriatesize and covered with a coat of approved varnish. They are to be protected
fromravages of termites, ants, and other insects.
The contractor shall provide, fix up and maintain a telephone connection in their
siteoffice which should be available to the PMC free of cost for their office use.
The contractor shall provide at his own cost all artificial light required for the work
andtoenable other contractors and sub-contractors to complete the work within the
specifiedtime.
The contractor shall provide a suitable temporary hut for the watchmen and clear
awaythe same when no longer required and to provide all necessary attendance, lights
etcrequired.
The contractor shall arrange for temporary latrines for the use of workers and field
staffand keep the same in a clean and sanitary condition to the satisfaction of the
PublicHealth Authorities and shall cause such latrines and soil to be cleared away
whenevernecessary and shall make good all the works disturbed by these conveniences.
Every precaution shall be taken by the contractor to prevent the breeding of

mosquitoeson the works during the construction, and all receptacles, cistern, water
tanks etc usedfor the storage of water must be suitably protected against breeding of
mosquitoes.The contractor shall indemnify the OWNER against any breach of rules in
respect ofanti-malarial measures.
The contractor shall not fix or place any placards or advertisement of any descriptionor
permit the same to be fixed or placed or upon any boarding gantry, building structures
other than those approved by the OWNER.
Protective Measures: The contractor from time to time of being placed in possessionof
the site must make suitable arrangements for watching, lighting and protecting thework,
the site and surrounding property by day, by night, on Sundays and otherholidays.
Contractor shall indemnify the OWNER against any possible damage to thebuilding,
roads, or members of the public in course of execution of the work.
The contractor shall provide necessary temporary enclosures, gates, entrances etc
forthe protection of the work and materials and for altering and adopting the same as
maybe required and removing on completion of the works and making good all
worksdisturbed.
MEDYSIS 27 | Page
Storage of Materials: The contractor shall provide and maintain proper sheds for
theproper storage and adequate protection of materials etc and other work that may
beexecuted on the site including the tools and materials of nominated sub-
contractorsand remove same on completion.
Cement godown shall be constructed for storing about six weeks requirement of
cementand stored as per norms with a stack of 10bags each and 2feet opening all
aroundwith 2feet passage of each stack. Structure shall be waterproof from all the sides
andtop.Cement should be stored one feetabove of the ground level and have pucca
raisedfloor.
So also reinforcement bars are to be stored above the ground level to prevent the
samefrom getting rusted.
Tools: Theodolite, levels, prismatic compass, chain, steel and metallic tapes and allother
surveying instruments found necessary on the works shall be provided by the contractor
for the due performance of this contract as instructed by the Engineer-in-charge/PMC.
All measuring tapes shall be of steel and suitable scaffolding and ladders that may
berequired for safely taking measurement and shall be supplied by the contractor.
Technicians and Supervisors on the works shall carry with them always a one metre
ortwo metre steel tape, a measuring tape of 30 metres, a spirit level, a plumb bob and
asquare and shall check the work to see that the work is being done according to
thedrawing and specifications. The Engineer-in-charge/PMC will use any or all
measuringinstruments or tools belonging to the contractors as he chooses for checking
theworks executed or being executed on the contract.
Technicians and supervisors of the electrical contractor shall always carry with
themmeasuring tape (30metres) one test lamp with leads and one neon tester, multi
meter,Tong tester etc and make available to the CONSULTANT/OWNERall the
measuringinstruments and tools that are required for checking the work.The contractor
should cover in his rates for making provisions for all reasonablefacilities for the use of
his scaffolding, tools and plant etc by nominated sub-contractorsfor their work.
27. NOTICE AND PATENTS OF APPROPRIATE AUTHORITY AND OWNER:
The contractor shall conform to the provisions of any Acts of the Legislature relating
tothe work, and to the Regulations and Bye-laws of any authorities, and/or any
water,lighting and other companies, and/or authorities with whose systems the
structureswere proposed to have connection and shall before making any variations
from thedrawings or specification that may be associated to so conform, give the
OWNER/CONSULTANT written notices specifying the variations proposed to be made
and thereasons for making them and apply for instruction thereon. The
OWNER/CONSULTANT onreceipt of such intimation shall give a decision within a
reasonable time.
The contractor/s shall arrange to give all notices required for by the said
Acts,Regulations or Bye-laws to be given to any authority and to pay to such authority or
toany public officer all fees that may be properly chargeable in respect of the work
andlodge the receipts with the OWNER.
MEDYSIS 28 | Page
The contractor shall indemnify the OWNER against all claims in respect of patentrights,
royalties and damages to buildings, roads or members of public in course ofexecution of
work and shall defend all actions arising from such claims and shall keepthe OWNER
saved harmless and indemnified in all respects from such actions, costsand expenses.
28. CLEARING SITE AND SETTING OUT WORKS:
The site shown on the plan shall be cleared of all obstructions, loose stone, andmaterials
rubbish of all kinds. All holes or hollows whether originally existing or producedby
removal or loose stone or materials shall be carefully filled up with earth well
rammedand levelled off as directed at his own cost.
The contractor shall set out the works and shall be responsible for the true and
perfectsetting out of the work and for the correctness of the positions, levels,
dimensions andalignment of all parts thereof. If at any time, any error shall appear
during the progressof any part of the work irrespective of the fact that the layout had
been approved bythe OWNER/CONSULTANT, the contractor shall at his own expenses
rectify such error, ifcalled upon to the satisfaction of the OWNER. The contractor shall
further set out theworks to the alternative positions at the site until one is finally
approved and the ratesquoted in his tender should include for this and no extra on this
account will beentertained.
29. DATUM:
The average ground level will be considered as the crown of the nearest road,
whichshould be taken as "Datum" which is however, subject to final confirmation by
theOWNER/CONSULTANT. All levels shown in the drawings are to be strictly adhered to.
30. BENCHES:
The contractor is to construct and maintain proper benches of all the main walls, inorder
that the lines and levels may be accurately checked at all times.These benches will
consist of salwood post of adequate length and minimum diameter75mm to be driven in
the ground at suitable distance as directed encased withbrickwork. The wire nails will be
driven on the top of salwood post on the centre linesof columns, walls, inside and
outside faces of foundations trenches, in order that linesmay be stretched between the
benches and accurate intersection of excavation. Centreline of walls, columns etc may
be clearly indicated and checked at any time if it is sorequired.
31. CONTRACTOR IMMEDIATELY TO REMOVE ALL OFFENSIVE MATTERS:
All soil, filth or other matters of any offensive nature taken out of any trench,
sewer,drain, cesspool or other place shall not be deposited on the surface but shall be
atonce carted away by the contractor to place provided by him.The contractor shall keep
the foundations and works free from water and shall provideand maintain at his own
expenses electrically or other power driven pumps and otherplants to the satisfaction of
the OWNER for the purpose, until the building is handedover to the OWNER. The
contractor shall arrange for the disposal of the water soaccumulated to the satisfaction
of the OWNER and local authority and no claims willbe entertained afterwards if he does
not include in his rates for the purpose.
MEDYSIS 29 | Page
32. ACCESS:
Any authorised representative of the OWNER shall at all reasonable times have
freeaccess to the works and/or to the workshops, factories or other places where
materialsare being prepared or constructed for the work and also to any place where
thematerials are lying or from where they are being obtained, and the contractor shall
giveevery facility to the OWNERor their representatives necessary for inspection
andexamination and test of the materials and workmanship. Except the
representativesof the OWNER no person shall be allowed at any time without the
written permissionof the OWNER.
33. MATERIALS, WORKMANSHIP, SAMPLES, TESTING OF MATERIALS:
All the works specified and provided for in the specifications or which may be
requiredtobe done in order to perform and complete any part thereof shall be executed
in the bestand most workmanlike manner with materials of the best and approved
quality of therespective kinds in accordance with the particulars contained in and
implied by thespecifications and as represented by the drawings or according to such
otheradditional particulars, and instructions as may from time to time be given by
theOWNER/CONSULTANT during the execution of the work, and to his entire
satisfaction.
As directed by the OWNER/CONSULTANT the contractor shall have to carry out tests
onmaterials and workmanship in approved materials testing laboratories or as
prescribedby the OWNER/CONSULTANT at his own cost to prove that the materials etc,
under testconform to the relevant I.S. Standards or as specified in the specifications. All
thesamples shall be supplied by the contractor at his own cost as directed by
theOWNER/CONSULTANT. The necessary charges for preparation of mould (in case
ofconcrete cube) transporting, testing etc, shall have to be borne by the contractor.
Noextra payment on this account should in any case be entertained. The contractor
shallprovide all assistance, instruments, machine labour and materials for
examiningmeasuring and testing of work and the quality, weight or quantity of any
materialsused and supply samples before incorporation in the work for testing as may
be selectedand required by the OWNER/CONSULTANTs. Tests of all materials should be
carried out asper latest I.S. specifications. Sequence of testing of all materials shall be as
advised bythe OWNER/CONSULTANT.
All the materials (except where otherwise described) stores and equipment requiredfor
the full performance of the work under the contract must be provided throughnormal
channels and must include charge for import duties, sales tax, octroi andother charges
and must be the best of their kind available and the contractor/s mustbe entirely
responsible for the proper and efficient carrying out of the work. The workmust be done
in the best workmanlike manner. Samples of all materials to be used mustbe submitted
to the OWNER/CONSULTANT when so directed by the OWNER/CONSULTANTand written
approval from OWNER/CONSULTANT must be obtained prior to placement oforder.
During the inclement weather the contractor shall suspend concreting and plasteringfor
such time as the OWNER/CONSULTANTs may direct and shall protect from injury allwork
when in course of execution. Any damage (during constructions) to any part ofthe work
MEDYSIS 30 | Page
for any reasons due to rain, storm, or neglect of contractor shall be rectifiedby the
contractor in an approved manner at no extra cost.
Should the work be suspended by reason of rain, strike, lock-outs or any other cause,the
contractor shall take all precautions necessary for the protection of work and at hisown
expenses shall make good any damage arising from any of these causes.
The contractor shall cover up and protect from damage, from any cause, all new
workand supply all temporary/doors, protection to windows, and any other
requisiteprotection for the execution of the work whether by himself or special
tradesmen ornominated sub-contractor and any damage caused must be made good by
thecontractor at his own expenses.
34. REMOVAL OF IMPROPER WORK:
The OWNER shall during the progress of the work have power to order in writing
fromtime to time the removal from the work within such reasonable time or times as
maybe specified in the order of any materials which in the opinion of
theOWNER/CONSULTANTs are not in accordance with specification or instructions,
thesubstitution or proper re-execution of any work executed with materials
orworkmanships not in accordance with the drawings and specifications or instructions.
In case the contractor refuses to comply with the order the OWNER shall have thepower
to employ and pay other agencies to carry out the work and all expensesconsequent
thereon or incidental thereto as certified by the OWNER/CONSULTANT shallbe borne by
the contractor or may be deducted from any money due to or that maybecome due to
the contractor. No certificate which may be given by theOWNER/CONSULTANTs shall
relieve the contractor from his liability in respect of unsoundwork or bad materials.
35. DUTIES OF ENGINEER-IN-CHARGE/PROJECT MANAGEMENT CONSULTANT (PMC):
a) Duties of ENGINEER-IN-CHARGE/PMC: To issue/modify/revise details, drawings

andspecifications for the implementation of the project in Consultation with
theOWNER/CONSULTANT. Engineer-in-Charge/PMC shall have authority to
approve/disapprove any materials or workmanship or rates and shall have authority
toorder start/stop/modify any aspect of the project. Site Engineer/PMC shall
underall normal circumstances issue instructions through OWNER/CONSULTANT.
b) The duties of Engineer-in-Charge/PMC are to watch and supervise the works and
toexamine any materials to be used or workmanship employed in connection
withthe works. They shall have no authority to relieve the contractor of any of
hisduties or obligations under the contract or except as expressly provide
hereunderto order any work involving delay or any extra payments by the OWNER
nor totake any variation of or in the works.
c) Any written instructions or written approval given by Engineer-in-Charge/PMC to

thecontractor within the terms of such delegation (but not otherwise) shall bind
thecontractor and the OWNER as though it had been given by OWNER.
MEDYSIS 31 | Page
36. SITE STORING FACILITY OF THE CONTRACTOR:
The contractor shall provide, erect, and maintain at his cost a separate simple
watertightstore accommodation for the storing of valuable materials in pilfer proof
manner at site.The Contractor shall be responsible for the safe custody of all the
materials/machineriesetc on behalf of the OWNER for the items already paid to them
(partly or fully) till thesame are handed over on completion of the work. The
accommodation shall bedemolished when directed.
37. CONTRACTOR'S EMPLOYEES:
The contractor shall employ technically qualified and competent supervisors for the
workwho shall be available (by turn) throughout the working hours to receive and
comply withinstructions of the OWNER/CONSULTANTs. The contractor shall engage at
least oneexperienced Engineer as Site-In charge for execution of the work. The
contractor shallemploy in connection with the work persons having the appropriate skill
or ability toperform their job efficiently.
The contractor shall employ local labourers on the work as far as possible.No labour
below the age of FOURTEEN years and who is not an Indian National shallbe employed
on the work.
Any labour supplied by the contractor to be engaged on the work on day-work

basiseither wholly or partly under the direct order or control of the OWNER or
hisrepresentative shall be deemed to be a person employed by the contractor.
The contractor shall obtain labour license from appropriate authority prior
tocommencement of work & comply with the provisions of all labour legislation
includingthe requirements of
a) The Payment of Wages Act
b) OWNER's Liability Act
c) Workmen's Compensation Act.
d) Contract Labour (Regulation & Abolition) Act, 1970 and Central Rules 1971.
e) Apprentices Act 1961.
f) Any other Act or enactment relating thereto and rules framed there under fromtime
to time.
The contractor shall keep the OWNER saved harmless and indemnified againstclaims if
any of the workmen and all costs and expenses as may be incurred by theOWNER in
connection with any claim that may be made by any workmen.
The contractor shall keep the OWNER saved harmless and indemnified againstclaims if
any of the workmen and all costs and expenses as may be incurred by theOWNER in
connection with any claim that may be made by any workmen.
MEDYSIS 32 | Page
The contractor shall comply at his own cost with the order of requirement of any
HealthOfficer of the State or any local authority or of the OWNER regarding
themaintenance of proper environmental sanitation of the area where the
contractor'slabour are housed or accommodated, for the prevention of small pox,
cholera, plague,typhoid, malaria and other contagious diseases. The contractor shall
provide, maintainand keep in good sanitary condition adequate sanitary accommodation
and providefacilities for pure drinking water at all times for the use of men engaged on
the worksand shall remove and clear away the same on completion of the works.
Adequateprecautions shall be taken by the contractor to prevent nuisance of any kind
on theworks or the lands adjoining the same.The contractor shall arrange to provide
first-aid treatment to the labours engaged onthe works. He shall within 24 hours of the
occurrence of any accident at or about thesite or in connection with execution of the
works, report such accident to the OWNERand also to the competent authority where
such report is required by law.
38. DISMISSAL OF WORKMEN:
The contractor shall on the request of the OWNER immediately dismiss from worksany
person employed thereon by him, who may in the opinion of the OWNERbeunsuitable or
incompetent or who may misconduct himself. Such discharges shall not bethe basis of
any claim for compensation or damages against the OWNERor any of theirofficer or
employee.
39. ASSIGNMENT:
The whole of the works included in the contract shall be executed by the contractorand
the contractor shall not directly or indirectly transfer, assign or underlet thecontract or
any part, share or interest therein nor, shall take a new partner, withoutwritten consent
of the OWNER and no subletting shall relieve the contractorfrom the full and entire
responsibility of the contract or from active superintendenceof the work during their
progress.
40. NOMINATED SUB-CONTRACTOR:
All specialists, Merchants, Tradesmen and others executing any work or supply andfixing
any goods for which prime cost prices or provisional sums are included in theSchedule of
Quantities/ Rates and/or specifications who may be nominated or selectedby the
OWNER are hereby declared to be sub-contractors employed by thecontractor and are
herein referred to as nominated sub-contractors.
No nominated sub-contractor shall be employed on or in connection with the

worksagainst whom the OWNER shall make reasonable objection or save where
theOWNER and contractor shall otherwise agree who will not enter into a
contractprovided:
a) That the nominated sub-contractor shall indemnify the contractor against the
sameobligations in respect of the sub-contract as the Contractor is under in respect
ofthis contract.
b) That the nominated sub-contractor shall indemnify the contractor against claimsin
respect of any negligence by the sub-contractor, his servants or agents orany misuse
MEDYSIS 33 | Page
by him or them of any scaffolding or other plants the property of thecontractor or

under any workmen's compensation Act in force.
c) Payment shall be made to the nominated sub-contractor by the contractor

withinfourteen days of his receipt of the CONSULTANTs certificate provided that
before anycertificate is issued the contractor shall upon request furnish to
theCONSULTANTproof that all nominated sub-contractor's accounts included in
previouscertification have been duly discharged, in default where of the OWNER
maypay the same upon a certificate of the CONSULTANT and deduct the amount
thereoffrom any sums due to the contractor. The exercise of this power shall not
createprivities of contract between the OWNER and the sub- contractor.
41. DAMAGE TO PERSONS AND PROPERTY INSURANCE ETC:
The contractor shall be responsible for all injury to the work or workmen to persons,animals
or things and for all damages to the structural and/or decorative part ofproperty which may
arise from the operations or neglect of himself of any subcontractoror of any of his or a sub-
contractor's employees, whether such injury ordamage arise from carelessness, accident or
any other cause whatsoever in any wayconnected with the carrying out of this contract. The
clause shall be held to includeinter-alia, any damage to buildings whether immediately
adjacent or otherwise, andany damage to roads, streets, foot paths or ways as well as
damages caused to thebuildings and the works forming the subject of this contract by rain,
wind or otherinclemency of the weather. The contractor shall indemnify the OWNERand
holdharmless in respect of all and any expenses arising from any such injury or damagesto
persons or property as aforesaid and also in respect of any claim made in respectof injury or
damage under any acts of compensation or damages consequent uponsuch claim.
The contractor shall reinstate all damage of every sort mentioned in this clause, so asto
deliver the whole of the contract works complete and perfect in every respect and soas to
make good or otherwise satisfy all claims for damages to the property or thirdparties.The
contractor shall effect the insurance necessary and indemnify the OWNERentirely from all
responsibility in this respect. The insurance must be placed with acompany approved by the
OWNER and must be effected jointly in the name of thecontractor and the OWNER (the
name of the latter being placed first in the policy i.e. XXXXXXXXXXXXX
A/C___________________________ (Contractor's Name) and the policy lodgedwith the
latter. The scope of insurance is to include damage or loss to the contractitself till this is
made over in a complete state. Insurance is compulsory and must beeffected from the very
initial stage. The contractor shall also be responsible foranything which may be excluded
from damage to any property arising out of incidents,negligence or defective carrying out of
this contract i.e. the Contractors' All RiskInsurance shall have extension for covering cross
liability arising, if any, duringexecution of work relating to Air Conditioning, Electrification,
Erection of Lift etc.The OWNER shall be at liberty and is hereby empowered to deduct the
amount ofany damages, compensations, costs, charges and expenses arising or accruing
from orin respect of any such claim or damages from any sums due or to become due to the
Contractor.
MEDYSIS 34 | Page
42. INSURANCE:
Unless otherwise instructed the contractor shall insure the works and keep theminsured
until the virtual completion of the contract against loss or damage by fireand/or earthquake,
flood. The insurance must be placed with a company approved bythe OWNER, in the joint
names of the OWNER and the contractor for such amountand for any further sum if called to
do so by the OWNER, the premium of such furthersum being allowed to the contractor as an
authorised extra. The contractor shall depositthe policy and receipt for premiums paid with
the OWNER within 21 (twenty one)days from the date of issue of work order unless
otherwise instructed.
43. ACCOUNTS RECEIPTS & VOUCHERS:
The contractor shall, upon the request of the OWNER furnish them with all theinvoices,
accounts, receipts and other vouchers that they may require in connectionwith the works
under this contract. If the contractor shall use materials less than whathe is required under
the contract, the value of the difference in the quantity of thematerials he was required to
use and that he actually used shall be deducted from hisdues. The decision of the OWNER
shall be final and binding on the contractor as to theamount of materials the contractor is
required to use for any work under this contract.
44. MEASUREMENT OF WORKS:
The contractor will record and submit measurement for verification of the representativeof
the OWNER.The contractor should submit their bill with such measurements.
The Engineer-in-Charge shall on receipt of the bill from the contractor, intimate him thathe
requires the measurements of the work to be verified at site and the contractorshall
forthwith attend or send a qualified Agent to assist the Engineer-in-Charge’srepresentative
in taking such measurements and calculation and to furnish particular orto give all assistance
required by either of them.
Should the contractor not attend or neglect or omit to send such Agent then
themeasurements taken by the Engineer-in-Charge or his representative shall be taken tobe
the correct measurements of the works. The contractor or his Agents may at the timeof
measurements take such notes and measurement as he may require.
It shall be ensured that the method of measurement is in accordance with the contract.The
precision in measurements shall be as laid down in IS-1200. Any points ofdisagreement with
the contractor pertaining to measurements shall be promptly referredto the decision of the
Competent Authority.
Extra/deviated items, as claimed by the contractor, shall not be recorded inMeasurement

Book until they are approved by the Competent Authority.
In case some allegedly extra/deviated item is carried out by the contractor whilecomplying
with approved drawings and specifications and the same is to be coveredup, the Engineer-
in-Charge shall check the item and its specification and record itsmeasurements but
simultaneously enter up the provision that their admittance issubject to the approval by the
Competent Authority. Both the measurements and theprovision shall be got signed by the
contractor.
MEDYSIS 35 | Page
45. CONCEALED WORK:
The contractor shall give due notice to the OWNER whenever any work is to beburied in the
earth, concrete or in the bodies of walls or otherwise, becominginaccessible later on, in
order that the work may be inspected and correct dimensionstaken before such burial, in
default whereof the same shall, at the opinion of theOWNER be either opened up for
measurement at the contractor's expense or nopayment may be made for such materials,
should any dispute or difference arise afterthe execution of any work as to measurements
etc or other matters which cannotbe conveniently tested or checked, the notes of the
OWNER shall be accepted ascorrect and binding on the contractor.
46. PAYMENTS:
All bills shall be prepared by the contractor in the printed form prescribed by
theOWNER/CONSULTANTs after the measurements are endorsed as mentioned in Clause
No.44 (Measurement of Works). Interim/RA Bill shall be prepared subject to minimumvalue
for interim bill shall not be less than Rupees twenty lakhs of the itemexecuted as accepted in
the tender documents.
The bills in proper forms must be duly accompanied by detailed measurements insupport of
the quantities of work done and must show deductions for all previouspayments, retention
money, etc.
The OWNER/CONSULTANTs shall issue a certificate after due scrutiny of the contractor's
billstating the amount due to the contractor. The OWNER will have the discretion toamend
the certificate of CONSULTANTs if considered necessary and the contractor shall beentitled
to payment thereof.
The OWNER will deduct retention money as described in Clause-23 of theseconditions. The
refund of retention money will be made as specified in the said clause.
If the OWNER has supplied any materials or goods to the contractor, the cost of anysuch
materials or goods will be progressively deducted from the amount due to thecontractor in
accordance with the quantities consumed in the work.
All the interim payments shall be regarded payments by way of advance againstthe final
payment only and not as payments for work actually done and completed andshall not
preclude the requiring of bad, unsound, and imperfect or unskilled work to beremoved and
taken away and reconstructed, or re-erected or be considered as anadmission of the due
performance of the contract, or any part thereof in any respector the accruing of any claim,
nor shall, it conclude determine or affect in anyway thepower of the OWNER under these
conditions or any of them as to the final settlementand adjustment of the accounts or
otherwise or in any other way vary or affect thecontract. The final bill shall be submitted by
the contractor within one month of the datefixed for completion of the work or of the date
of certificate of completion furnished bythe CONSULTANTs and payment shall be made
within four months from the date of receiptof the final bill by the CONSULTANT.
MEDYSIS 36 | Page
FINAL CERTIFICATE AND PAYMENT
On completion of the work, the contractor shall be furnished with a certificate by

theOWNER of such completion, nor shall the work be considered completed until
thecontractor shall have removed from the premises on which the work shall be executedall
scaffolding surplus materials and rubbish and cleaned of the dirt from all workexecuted.
The final bill shall be accompanied by a certificate of completion from the OWNER.Payments
of final bill shall be made after deduction of Retention Money as specifiedin Clause-23 of
these conditions, which sum shall be refunded after the completion ofthe Defects Liability
Period after receiving the OWNER's certificate that thecontractor has rectified all defects to
the satisfaction of the OWNER/ CONSULTANTs. Theacceptance of payment of the final bill by
the contractor would indicate that he will haveno further claim in respect of the work
executed. Contractor will have to submit no claimcertificate along with Final Bill.
47. VARIATION/DEVIATION
The contractor may when authorised and shall, when directed in writing by theOWNER and
or omit, or vary the works shown in the drawings or described in thespecifications or
included in the priced schedule of quantities. The contractor onhis own accord shall make no
addition, omission or variation without such authorization or direction. A verbal
authorization or direction by the OWNER shallwhen confirmed correctly by the contractor in
writing within 8 days shall be deemed tohave been given in writing.
The contractor shall send to the OWNER once in every month a statement givingparticulars,
as full and detailed as possible, of all claims for any additional payment towhich the
contractor may consider himself entitled and of all extra or additional workordered by the
OWNER which he has executed during the preceding month.
No final interim claim for payment for any such work or expense will be consideredwhich
has not been included in such a statement provided always that the CONSULTANTshall be
entitled after taking OWNER's sanction to authorize payment to be made forany such work
or expense, notwithstanding the contractor's failure to comply with thiscondition, if the
contractor has, at the earliest practicable opportunity, notified theCONSULTANT in writing
that he intends to make a claim for such work.
The rates for additional, altered, substituted work shall be arrived at in accordance withthe
following rules:
i) The net rates of prices in the contract schedule shall determine the valuation of(the
rates for) the extra work (items) where such extra work is of similarcharacter and is
executed under similar conditions as the work priced therein.
ii) If the rates for the extra, altered or substituted (deviated) work are not providedfor
(available) in the contract schedule, they shall to the extent possible bederived out of
rate given in that schedule for similar or near similar items. For thepurpose of such
deviation, where necessary and when so directed, the contractorshall furnish detailed
analysis for the said similar or near similar items in thecontract schedule. For such
portions of the analysis, for the extra, altered orsubstituted (deviated) work for which
prices cannot be abstracted from thecorresponding analysis of rates for the said similar
or near similar items in thecontract schedule, market rates substantiated by purchase
MEDYSIS 37 | Page
bills/vouchersdependable printed price schedules of building materials of different types

shall beadopted, using factors and constants for quantum of material, labour T&Pand
sundries from standard analysis of rates adopted by the National BuildingOrganisation,
Ministry of Works & Housing, Government of India in preparation of AllIndia Standard
Schedule of Rates 1977 and adding 15% over towards profits andoverheads. When
called upon to do so the contractor shall submit the requiredpurchase bill/vouchers.
iii) In respect of a contract which incorporates more than one schedule the rateapplicable
in case (i) above if not provided for in the schedule pertaining tothe work in which the
addition, alteration or substitution (deviation) occurs shallbe taken as the lowest
applicable rate in other schedule. Similarly in case (ii) above if similar or near similar
items cannot be found in the schedule pertainingto the work in which the addition,
alteration or substitution (deviation) occurs,similar or near similar items from the other
schedule shall be adopted.
iv) In the case of additional, altered or substituted (deviated) with for which ratescannot be
reasonably be derived as at (ii) and (iii) above, the rates shall beworked out adopting
market prices, substantiated by purchase bill/vouchers,using factors and constants for
quantum of materials, labour, T&P and sundriesfrom standard analysis of rates adopted
by the National Building Organisation,Ministry of Works & Housing, Government of India
in preparation of All IndiaStandard Schedule of Rates, 1977 and addition 15% towards
profit andoverheads. When called upon to do so the contractor shall submit his
purchasebills/vouchers to the OWNER.
v) The tender rates will hold good for any increase and decrease in the tenderquantities
upto a variation of 25% except in the case of item below plinth levelwhere the variation
will be upto 100%. For variation beyond the above limit therates for the respective items
for quantity beyond the limits mentioned abovemay be worked out on market rates.
vi) The question as to what particular items, being similar or near similar to theadditional,
altered or substituted (deviated) work in the contract schedule areto be adopted for
deviation of rates for the additional, altered for substituted(deviated) work and whether
the said rates cannot be derived from similar or nearsimilar items in the contract
schedule will be decided by the OWNER.
vii) In case (ii) to (iv) the contractor is required to submit his analysis of rates adoptingthe
principles enunciated and the CONSULTANT, after scrutinizing the analysis andother
papers furnished will allow such rates as he considers reasonable afterobtaining
OWNER's sanction.
viii) Where extra work is of such a nature that it cannot be properly measured orvalued the
contractor shall be allowed day work priced at the net rates stated inthe tender or the
priced schedule of quantities or if not so stated then inaccordance with the minimum
local day work rates and wage for the districtnotified by the concerned authority
provided that in either case if required by theOWNER/Engineer-in-Charge, vouchers,
muster rolls and other documents,required for proper verification of the labour
employed and the materialsdeployed on the said work and the costs thereof be
delivered to the OWNER orhis representative on or before the end of the week following
that in which thework has been executed.
MEDYSIS 38 | Page
The question as to whether extra work is of such nature that it cannot be

properlymeasured or valued will be decided by the OWNER. The margin to be allowed
onactual costs to the contractor towards profit and overhead shall be 15%.
48. SUBSTITUTION:
Should the contractor desire to substitute any materials and workmanship, he/theymust
obtain the approval of the OWNER/CONSULTANTs in writing for any such
substitutionwell in advance. Materials designated in this specifications indefinitely by
such term as"Equal" or "Other approved" etc specific approval of the
OWNER/CONSULTANTs has beenobtained in writing.
49. PREPARATION OF BUILDING WORKS FOR OCCUPATION AND USE ONCOMPLETION:
The whole of the work will be thoroughly inspected by the contractor and
deficienciesand defects put right. On completion of such inspection the contractor shall
inform theOWNER that he has completed the work and it is ready for inspection.
On completion the contractor shall clean all windows and doors including the
cleaningand oiling if necessary, of all hardware, inside and outside, all floors, staircases,
andevery part of the building. He will leave the entire building neat and clean and ready
forimmediate occupation and to the satisfaction of the OWNER.
50. CLEARING SITE ON COMPLETION:
On completion of the works the contractor shall clear away and remove from the site
allconstructional plant, surplus materials, rubbish and temporary works of every kind
andleave the whole of the site and the works clean and in a workmanlike condition to
thesatisfaction of the OWNER/CONSULTANT.
51. DEFECTS AFTER COMPLETION:
The contractor shall make good at his own cost and to the satisfaction of the OWNER
forall defects or other faults which may appear within 12months after completion of
thework. In default the OWNER may employ and pay other persons to amend and
makegood such damages, losses and expenses consequent thereon or incidental thereto
shallbe made good and borne by the contractor and such damages, loss and expenses
shallbe recoverable from him by the OWNER or may be deducted by the OWNER, inlieu
of such amending and making good by the contractor, deduct from any money dueto
the contractor a sum equivalent to the cost of amending such work and in the event
ofthe amount retained being insufficient, recover that balance from the contractor
fromthe amount retained under Clause No. 22 together with any expenses the
OWNERmay have incurred in connection therewith.
MEDYSIS 39 | Page
52. ESCALATION:
The rate quoted shall be firm throughout the tenure of the contract (including extension
oftime, if any, granted) and will not be subject to any fluctuation due to increase in cost
ofmaterials or labour etc. However, any change of price due to change of Government
Levy etcmay be considered, if justified.
53. PRICE VARIATION:
As per clause- 52 as mentioned above.
54. IDLE LABOUR:
Whatever the reasons may be, no claim for idle labour, additional establishmentcost of
hire and labour charges of tools and plants would be entertained under
anycircumstances.
55. SUSPENSION:
If the contractor except on account of any legal restraint upon the OWNERpreventing
the continuance of the work or in the opinion of the OWNER shall neglect orfail to
proceed with due diligence in the performance of his part of the contract or if heshall
more than once make default, the OWNER shall have the power to give notice inwriting
to the contractor requiring the work be proceeded within a reasonable mannerand with
reasonable dispatch, such notice purport to be a notice under this clause.
After such notice shall have been given the contractor shall not be at liberty to
removefrom the site of the works or from any ground contiguous thereto any plant or
materials tosubsist from the date of such notice being given until the notice shall have
been compliedwith, If the contractor fails to start the work within 7 (seven) days after
such notice hasbeen given to proceed with the works as therein prescribed, the OWNER
may proceedas provided in Clause-56 (Termination of Contract by OWNER).
56. TERMINATION OF CONTRACT BY OWNER:
If the contractor being a company go into liquidation whether voluntary or

compulsoryor being a firm shall be dissolved or being an individual shall be adjudicated
insolvent orshall make an assignment or a composition for the benefit of the greater
part, innumber of amount of his creditors or shall enter into a Deed or arrangement with
hiscreditors, or if the Official Assignee in insolvency, or the Receiver of the contractor
ininsolvency, shall repudiate the contract, or if a Receiver of the contractor's firm
appointedby the court shall be unable within fourteen days after notice to him requiring
him to doso, to show to the reasonable satisfaction of the OWNER that he is able to
carry outand fulfill the contract, and if so required by the OWNER to give reasonable
securitytherefor, or if the contractor shall suffer execution to be issued, or shall suffer
anypayment under this contract to be attached by or on behalf of and of the creditors of
thecontractor, or shall assign, charge or encumber this contract or any payments due
orwhich may become due to the contractor, thereunder, or shall neglect or fail to
observeand perform all or any of the acts matters of things by this contract, to be
observed andperformed by the contractor within three clear days after the notice shall
have beengiven to the contractor in manner hereinafter mentioned requiring the
MEDYSIS 40 | Page
contractor toobserve or perform the same or shall use improper materials or

workmanship in carryingon the works, or shall in the opinion of the OWNER not exercise
such diligence andmake such due progress as would enable the work to be completed
within due timeagreed upon and shall fail to proceed to the satisfaction of the OWNER
after threeclear days notice requiring the contractor so to do shall have been given to
thecontractor as hereinafter mentioned, or shall abandon the contract, then and in any
ofthe said cases, the OWNER may notwithstanding previous waiver determine
thecontract by a notice in writing to the effect as hereinafter mentioned, but without
therebyaffecting the powers of the OWNER of the obligations and liabilities of the
contractorthe whole of which shall continue in force as fully as if the contract, had not
been sodetermined and as if the works subsequently executed had been executed by or
onbehalf of the contractor (without thereby creating any trust in favour of the
contractor)further the OWNER or his agent, or servants, may enter upon and take
possession ofthe work and all plants, tools, scaffoldings, sheds, machinery, steam and
other power,utensils and materials lying upon premises or the adjoining lands or roads
and sell thesame as his own property or may employ the same by means of his own
servants andworkmen in carrying on and completing the works or by employing any
other contractorsor other persons or person to complete the works, and the contractor
shall not inany way interrupt or do any act, matter or things to prevent or hinder such
othercontractors or other persons or person employed from completing and finishing or
usingthe materials and plants for the works when the works shall be completed, or as
soonthereafter as conveniently may be, the OWNER shall give notice in writing to
thecontractor to remove his surplus materials and plants and should the contractor fail
to doso within a period of 14 days after receipt by him the OWNER may sell the same
byPublic Auction and shall give credit to the contractor for the amount so realised.
Anyexpenses or losses incurred by the OWNER in getting the works carried out by
othercontractors shall be adjusted against the amount payable to the contractor by way
ofselling his tools and plants or due on account of work carried out by the contractor
priorto engaging other contractors or against the Security deposit.
57. WATER SUPPLY
The Contractor may use the existing facility of the water supply distribution, if
nototherwise instructed.
58. POWER:
The contractor shall at his own cost arrange for necessary power for constructionand
lighting for the entire period of contract.
The Owner shall give all the recommendations necessary to obtain power and
waterconnections from the concerned authorities, but the responsibility for obtaining
the sameshall rest with the contractor.
If any other contractor, appointed by the Owner, is required to use water and power,
heshall be allowed to use the same and make temporary connections from the
supplyarranged by the main contractor at rates and terms that may be mutually agreed
uponby both, failing which, at rates, terms and conditions that may be decided by
theCONSULTANT shall be adjusted from his dues.
MEDYSIS 41 | Page
59. LAND FOR CONTRACTOR'S ESTABLISHMENT:
For the purpose of construction of contractor's store yard, godowns, site office, etc,the
contractor may utilize with the permission of the OWNER/CONSULTANT, portion of
theland belonging to the OWNER if available at such location as would not interfere
withthe execution of the works. The contractor shall for this purpose submit to the
CONSULTANTfor his approval a plan or plans of the proposed layouts for the site
facilities. TheCONSULTANT reserves the right to alter and modify the contractors'
proposal as he may deemfit.
60. METHOD OF MEASUREMENT:
Unless otherwise mentioned elsewhere in the tender measurement will be on the

netquantities or work produced in accordance with upto date rules laid down by the
IndianStandard Institution. In the event of any dispute with regard to the measurement
of thework executed, the decision of the CONSULTANT/OWNER shall be final and
binding on thecontractor.
61. ACTION WHERE NO SPECIFICATION:
In the case of any class of work for which there is no such specification in
TechnicalSpecification, such work shall be carried out in accordance with the I.S.
Specification andin the event of there being no I.S. specification, then in such case the
work shall becarried out in all respects in accordance with the instructions and
requirements of theCONSULTANTs/OWNER.
62. CONTRACTOR NOT TO DEPOSIT MATERIALS IN AMANNER THAT MAY INCONVENIENCE

TO THE PUBLIC:
The contractor(s) shall not deposit materials on any site which will
seriouslyinconvenience the public. The CONSULTANTs may require the contractor to
remove anymaterials, which are considered by him to be a danger or inconvenience to
the public orcause them to be removed at the contractor's cost.
63. LIQUIDATED DAMAGES:
Should the work be not completed to the satisfaction of the OWNER/CONSULTANTs

withinthe stipulated period, the contractor shall be bound to pay to the OWNER a
sumcalculated as given below by way of liquidated damages and not as penalty
duringwhich the work remains un-commenced or unfinished after the expiry of the
completiondate.
a) For contracts having stipulated 1% of the tendered amount per week or

time for completion not exceeding part thereof of delay subject to ceiling of
6months. 5% of the accepted sum in the tender.
b) For contracts having stipulated 1% of the tendered amount for everytwo
time for completion exceeding weeks or part thereof of delaysubject to
6months but not exceeding 2years ceiling of 5% of the acceptedsum in the
(24months) tender.
MEDYSIS 42 | Page
64. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:
In any case in which under any clause or clauses of this contract, the contractorshall
have rendered himself liable to pay liquidated damages amounting to the wholeof his
security de deposit (whether paid in one sum or deducted by installments)
theOWNER/CONSULTANTs shall have power to adopt any of the following courses as
they maydeem best suited to the interest of the OWNER:-
a) To rescind the contract(of which rescission notice in writing to the contractorunder

hand of the OWNER/CONSULTANTs shall be conclusive evidence), and inwhich case
the security deposit of the contractor shall stand forfeited and beabsolutely at the
disposal of the OWNER.
b) To employ labour paid by the OWNER and to supply materials to carry out thework,
or any part of the work, debiting the contractor with the cost of the labourand price
of material (of the amount of which cost and price of a certificate of
theCONSULTANT/OWNER shall be final and conclusive against the contractor)
andcrediting him with the value of the work done, in all respects in the same
mannerand at the same rates as if it had been carried out by the contractor under
theterms of this contract the certificate of CONSULTANTs/OWNER as to the valueof
the work done, shall be final and conclusive against the contractor.
c) To measure up the work of the contractor, and to take such part thereof as shallbe
unexecuted, out of his hands, and to give it to another contractor to completein
which case any expenses which may be incurred in excess of the sum whichwould
have been paid to the original contractor, if the whole work had beenexecuted by
him (of the amount of which excess the certificates in writing of
theCONSULTANT/OWNERshall be final and conclusive) shall be borne and paid by
theoriginal contractor and may be deducted from any money due to him by
theOWNERunder the contract or otherwise, or from his security deposit or
theproceeds of sale thereof, or a sufficient part thereof.
In the event of any of above courses being adopted by the OWNER/CONSULTANTthe

contractor shall have no claim to compensation for any loss sustained by himby
reasons of his having purchased or procured any materials or entered intoany
engagements, or make any advances on account of, or with a view to theexecution
of the work or the performance of the contract. And in case thecontract shall be
rescind under the provision aforesaid, the contractor shall not beentitled to recover
or be paid any sum or any work thereto for actually performedunder this contract,
unless, and until the OWNER/CONSULTANTs will havecertified in writing the
performance of such work and the value payable in respectthereof, and he shall only
be entitled to be paid the value so certified.
MEDYSIS 43 | Page
65. CONTRACTOR REMAIN LIABLE TO PAY COMPENSATIONIF ACTION NOT TAKEN UNDER
CLAUSE-64
In any case in which any of the powers conferred upon the OWNER/CONSULTANT by
Clause-64 hereof, shall have become exercisable and the same shall not be exercised,
thenon-exercise thereof shall not constitute a waiver of any of the conditions hereof and
suchpower shall not withstanding he exercisable in the event of any future case of
default bethe contractor for which by any clause or clauses hereof he is declared liable
to paycompensation amounting to the whole of his security deposit, and the liability of
thecontractor for past and future compensation shall remain unaffected in the event
ofthe OWNER/CONSULTANT putting in force either of the powers (a) or (b) vested in him
underthe preceding clause, he may, if so desire, take possession of all or any tools,
plants,materials and stores, in or upon the works, or the site thereof or belonging to
thecontractor, or procured by him and intended to be used for the execution of the
work orany part thereof, paying or allowing for the same in account at the contract rates
or incase of these not being applicable a current market rates to be certified by the
OWNER/CONSULTANT whose certificate thereof shall be final, otherwise the
OWNER/CONSULTANT mayby notice in writing to the contractor or his clerk of the
works, foreman or other authorised agent required him to remove such tools, plant
materials or stores from thepremises (within a time to be specified in such notice) and in
the event of the contractorfailing to comply with any such requisition the
OWNER/CONSULTANT may remove them atthe contractor's expense or sell them by
auction or private sale on account of thecontractor at his risk in all respects and the
certificate of the OWNER/CONSULTANTs as tothe expenses of any such removal and the
amount of the proceeds and expense of anysuch sale shall be final and conclusive
against the contractor.
66. SUM PAYABLE BY WAY OF COMPENSATION:
All sums payable by way of compensation under any of these conditions shall
beconsidered as reasonable compensation to applied to the use of OWNER
withoutreference to the actual loss or damage sustained and whether or not any
damage shallhave been sustained.
67. CHANGE IN CONSITUTION OF THE FIRM:
In the case of a tender by partners any change in the Constitutions of the Firm
shallforthwith notified by the contractor to the OWNER/CONSULTANT for the
information.
68. GUARANTEE FOR THE SPECIALISED WORKS:
Wherever provision for submission of a guarantee has been advised, the same shall
besubmitted from the specialised agency alongwith a counter guarantee by the
maincontractor engaged for the work. The guarantee shall be furnished on a non-judicial
stamppaper of appropriate value. If the contractor is required to submit guarantee/
guaranteesfor any item/items for a period of more than 12months, the guarantee/
guarantees incase of those items shall remain valid even after expiry of the defect
liability period of 12months as stipulated in the contract.
MEDYSIS 44 | Page
69. TESTS/RESULTS/SITE REGISTERS ETC:
The contractor will be required to maintain the following registers at site of work
andshould produce the same for inspection of the OWNER/CONSULTANTs whenever
desiredby them.Typical Proforma are enclosed (Refer Table I to VI).
i) Table-I Pro-forma of Materials at Site Account

ii) Table-II Pro-forma of Accounts of Secured advance (to be submitted
along with bills if necessary)
iii) Table-III Pro-forma of Hindrance to work
iv) Table-IV Pro-forma of Running Account Bill
v) Table-V Pro-forma of Secured advance on materials brought at site.
vi) Table-VI Pro-forma of Memorandum for payment
Contractor will have to submit their Running Account Bills in printed form shown
inTable-VI.
70. INCOME TAX / WORKS CONTRACT TAX
Statutory deduction of Income Tax/works contract tax shall be made from all interim
andfinal payments as per extend statute.
71 AGREEMENT:
The successful contractor will be required to enter into an agreement in accordancewith

the Draft Agreement form enclosed & the schedule of conditions within 15days fromthe
date of the contractor is advised by the OWNER/CONSULTANT that his tender hasbeen
accepted and he shall pay for all stamps & legal expenses incidental thereto.However,
the written acceptance by the OWNER of a tender will constitute a bindingcontract
between the OWNER and the person so tendering whether such formalagreement is or
is not subsequently executed.
72. WORKING HOURS:
No work shall be done on Sunday without prior approval in writing of the

OWNER/CONSULTANTs. Working hours on other days of the week shall be from sunrise
to sunset.Work programme for completion of the project within the stipulated time of
completionshall be prepared accordingly.
73. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO BECARRIEDOUT:
If at any time after the commencement of the work, the OWNER/ CONSULTANTs shall
for anyreason whatsoever not require the whole work thereof as specified in the tender
to becarried out the CONSULTANT/OWNERshall give notice in writing of the fact to the
contractorwho shall have no claim to any payment or compensation whatsoever on
account ofany profit or advantage with which he might have derived from the execution
of the workin full, but which he did not derive in consequence of the full amount of the
work nothaving been carried out; neither shall he have any claim for compensation by
reason ofany alterations having been made in the original specification, drawing, designs
MEDYSIS 45 | Page
andinstructions which shall involve any curtailment of the work as originally

contemplated.
74. ARBITRATION:
All disputes or differences of any kind whatsoever (except for excepted matters
videclause no. 19) which shall at any time arise between the parties hereto touching
orconcerning the works or the execution or maintenance thereof of this contract or
therights touching or concerning the works or the execution of maintenance thereof of
thiscontract or the construction remaining operation or effect thereof or to the rights
orliabilities of the parties or arising out of or in relation thereto whether during or
afterdetermination foreclosure or branch of the contract (other than those in respect
ofwhich the decision of any person is by the contract expressed to be final and
binding)shall after written notice by either party to the contract to the other of them
and to theOWNER hereinafter mentioned be referred for adjudication to a sole
Arbitrator to beappointed as hereinafter provided.
For the purpose of appointing the sole Arbitrator referred to above, the OWNER willsend
within thirty days of receipt of the notice to the contractor a panel of threenames of
persons who shall be presently unconnected with the organisation for whichthe work is
executed.
The contractor shall on receipt of the names as aforesaid, select any one of the person’s
name to be appointed as a sole Arbitrator and communicate his name to the
OWNERwithin thirty days of receipt of the names. The OWNER shall thereupon without
anydelay appoint the said person as the Sole Arbitrator. If the contractor fails to
communicatesuch selection as provided above within the period specified, the OWNER
shall makethe selection and appoint the selected person as the Sole Arbitrator.
If the OWNER fails to send to the contractor the panel of three names as aforesaidwithin
the period specified, the contractor shall send to the OWNER a panel of threenames of
persons who shall all be unconnected with either party. The OWNER shall onreceipt of
the named as aforesaid select any one of the persons names and appoint himas the Sole
Arbitrator. If the OWNER fails to select the person and appoint him as theSole Arbitrator
within 30 days of receipt of the panel and inform the contractoraccordingly, the
contractor shall be entitled to appoint one of the persons from the panel as the Sole
Arbitrator and communicate his name to the OWNER.
If the Arbitrator so appointed is unable or unwilling to act or resigns his appointment

orvacates his office due to any reason whatsoever another Sole Arbitrator shall
beappointed as aforesaid.
The work under the Contract shall, however, continue during the arbitration
proceedingsand no payment due to be payable to the contractor shall be withheld on
account of suchproceedings.
The Arbitrator shall be deemed to have entered on the reference on the date he
issuednotice to both the parties fixing the date of the first hearing.
The Arbitrator may from time to time, with the consent of the parties, enlarge the time
formaking and publishing the award.
MEDYSIS 46 | Page
The Arbitrator shall give a separate award in respect of each dispute or

differencereferred to him. The Arbitrator shall decide each dispute in accordance with
the termsof the contract and give a reasoned award. The venue of arbitration shall be
such placeas may be fixed by the Arbitrator in his sole discretion.
The fees, if any, of the Arbitrator shall, if required to be paid before the award is
madeand published, be paid half and half by each of the parties. The cost of the
reference andof the award including the fees, if any, of the Arbitrator who may direct to
and by whomand in what manner, such costs or any part thereof shall be paid and may
fix or settle andamount of costs to be so paid.
The award of the Arbitrator shall be final and binding on both the parties.Subject to
aforesaid the provisions of the Arbitration Act, 1992 or any statutorymodification or re-
enactment thereof and the rules made thereunder and for the timebeing in force, shall
apply to the arbitration proceeding under this clause.
The OWNER and the contractor hereby also agree that arbitration under clause shallbe a
condition precedent to any right to action under the contract with regard to thematters
hereby expressly agreed to be so referred to arbitration.
75. CLOSING OF CONTRACT:
The Final bill shall be submitted within 90days from the date of virtual completion of
thework. It is also a term of the contract that if the contractor does not raise any claim
inwriting within 90days from the date of cancellation, termination, completion
orabandonment, the claim of the contractor shall be deemed to have been waived and
absolutely barred and “UGANDA” shall bedischarged and released of all its liabilities
under the contract in respect of the claims.This contract shall be deemed to have closed
on settlement of Final Bill for the work.
76. DECLARATION:
I/We have inspected the site of works and have made me/us fully acquainted with
thelocal conditions in and around the sites of works. I/We hereby declare that I/We
havegone through the conditions laid down in the Notice Inviting Tender, General
Conditionsof Contract, Technical Specifications and understood the same and on the
basis of thesame I/We quoted our rates in the schedule of quantities attached with the
tenderdocuments.
I/We shall also uniformly maintain such progress with the work, as may be directed
bythe OWNER/CONSULTANTs to ensure completion of same within the target date
asmentioned in the tender document.
Witness: Signature of Tenderer:
Address:
Date:
MEDYSIS 47 | Page
MEDYSIS 48 | Page
Table-I
PROFORMA FOR REGISTER OF MATERIAL AT SITE ACCOUNT
Name of work: Name of Article:

Name of Contractor: Estimated requirement:
Agreement No: Issue Rate:
Sl.No. Date of Received from/ Receipt Issue Balance Initials of Initial of Remarks
Receipt Issued to (with Ref. contractor Engineer-in-
To SO/Indent) Charge or his
rep.
1 2 3 4 5 6 7 8 9
Table-II
PROFORMA FOR ACCOUNT OF SECURED ADVANCE REGISTER
Name of work:
Name of contractor:
Agreement no:
Description Qty Deduct qty Qty outstanding Signature Signature of Remarks
of material outstanding utilized in and qty brought of Engineer-in-
from previous works to site since contractor Charge/his
bill measured since previous bill rep
previous bill
1 2 3 4 5 6 7
Table-III
PROFORMA HINDRANCE TO WORK
Name of work: Date of start of work:

Name of Contractor: Period of completion:
Agreement No: Date of completion of work:
Sl.No. Name of Date of Date on which Period for which Signature of Signature of
hindrance occurrence hindrance was hindrance Engineer-in- Engineer-in-
of hindrance removed existed Charge Charge/his rep
MEDYSIS 49 | Page
Table-IV
PROFORMA FOR RUNNING ACCOUNT BILL
i) Name of contractor / Agency:

ii) Name of work:
iii) Serial number of this bill:
iv) Number and date of previous bill
v) Reference to agreement number:
vi) Date of written order to commence:
vii) Date of completion as per agreement:
Sl.No Item Unit Rate As per Tender Upto previous Upto date Previous bill Remarks
. Descripti (Rs) RA bill (Gross)
on Qty Amount Qty Amount Qty Amount Qty Amount
(Rs) (Rs) (Rs) (Rs)
Net value since previous bill
Note: 1. If part rate is allowed for any item, it should be indicated with reasons or allowing
such a rate.
2. If adhoc payment is made, it should be mentioned specifically.
CERTIFICATE
The measurements on the basis of which the above entries for the running bill No……………….
were made have been taken jointly on ………………………………………………………… andare
recorded at pages ……………………. To …………………….. of measurement book No. ……
Signature and date of Signature and date of Representative

Contractor of Engineer-in-Charge
The work recorded in the above mentioned measurements has been done at the
sitesatisfactorily as per tender drawings, conditions and specifications.
Engineer-in-Charge
MEDYSIS 50 | Page
Table-V
PROFORMA FOR ACCOUNT OF SECURED ADVANCE, IF ADMISSIBLE ONMATERIALS HELD AT SITE BY

THE CONTRACTOR
No. Item Quantity Unit Amount Remarks

1 2 3 4 5 6
Total value of materials at site _________________________________________________
Secured advance @ ………………………… % of above value -- B
CERTIFIED (i) that the materials mentioned above have actually been brought by thecontractor to
the site of the work and on advance on any quantity of any of this item isoutstanding on their
security, (ii) that the materials (are of imperishable nature) and are allrequired by the contractor for
use in the work in connection with the item for which rates offinished work have been agreed upon.
Dated signature of Engineer preparing

the bill.
Dated signature of the Contractor
MEDYSIS 51 | Page
Table-VI
PROFORMA FOR MEMORANDUM FOR PAYMENT:
R/A Bill No:

1. Total value of work done since previous bill (A) Rs.
2. Total amount of secured advance due since previous bill (B) Rs.
3. Total amount due since previous bill (A+B) (C) Rs.
4. PVA on account of declaration in price of steel, cement and (D) Rs.
other materials and labour as detailed in separate
statement enclosed(+)
5. Total amount due to the contractor (C+D) (E) Rs.
Deductions:
i) Secured advance paid in the previous R/A bill Rs.
ii) Retention money on value of works as per Rs.
accepted tender upto date amount
Less already recovered Rs.
Balance to be recovered Rs.
iii) Mobilization advance if any
a. Outstanding amount (Principal +interest) as Rs.
on date
b. To be covered in this bill Rs.
Total recover of mobilization advance Rs.
iv) Any other Owner’s materials cost to be Rs. Rs.
recovered as per contract if any
v) Any other Owner’s Service cost (water Rs.
supply, electrical power supply) to be
Recovered if any, as per contract (Enclose
Statement)
Total deduction as per Contract (F) Rs.
ADJUSTMENTS, IF ANY
1. Amount less received by contractor in …………
R/A Bill
2. PVA
Total amount of adjustment due since Rs.
previous bill (G)
Net amount payable as per contract (E-F+G) Rs.
Amount in words:
The bill amount to Rs.__________________ (Both figures and words) has been scrutinized by usafter
due checking of the measurements of works as required and is recommended for payment.
Date Signature of Representative of Engineer-in-Charge
MEDYSIS 52 | Page
The bill amount to Rs.__________ certified by Consultants has been scrutinized by me after duetest
checking of measurements of works as required and is recommended for payment for anamount of
Rs._____________
Date Signature of Engineer-in-Charge
STATUTORY DEDUCTIONS:
1. Total amount due (E) Rs.

Less: IT payable
2. Rs.
Less ST payable
3. Rs.
Net payable
Rs.
The figures given in the Memorandum for payable has been verified and the bill passed
forpayment ___________________ words in figures).
Date Signature of Engineer-in-Charge
MEDYSIS 53 | Page
SAFETY CODE
Scaffolds
i) Suitable scaffolds shall be provided for workmen for all works that cannot safely be
donefrom the ground, or from solid construction except in the case of short duration
workwhich can be done safely from ladders. When a ladder is used, it shall be of
rigidconstruction made either of good quality wood or steel. The steps shall have a
minimumwidth of 450 mm and a maximum rise of 300mm. Suitable hand holds of good
qualitywood or steel shall be provided and the ladder shall be given an inclination not
steeperthan 1/4 to 1(1/4 horizontal and 1 vertical).
ii) Scaffolding or staging more than 4 m above the ground floor, swung or suspendedfrom an
overhead support or erected with stationary support shall have a guard railproperly bolted,
braced or otherwise secured, at least 1 m above the floor or platform ofsuch scaffolding or
staging and extending along the entire length of the outside and endsthereof with only such
openings as may be necessary for the delivery of materials. Suchscaffolding or staging shall
be so fastened as to prevent it from swaying from thebuilding or structure.
iii) Working platforms, gangways and stairways shall be so constructed that they do not
sagunduly or unequally and if the height of the platform, gangway or stairway is more than
4m above ground level or floor level, they shall be closely boarded and shall haveadequate
width and be suitably fenced as described in (ii) above.
iv) Every opening in the floor of a building or in a working platform shall be provided
withsuitable means to prevent the fall of persons or materials by providing suitable fencing
orrailing whose minimum height shall be 1m. Wherever there are open excavations
inground, they shall be fenced off by suitable railing and danger signals installed at nightso
as to prevent persons slipping into the excavations.
v) Safe means of access shall be provided to all working places. Every ladder shall besecurely
fixed. No portable single ladder shall be over 9 m in length while the widthbetween side rails
in rung ladder shall in no case, be less than 290 mm for ladder uptoand including 3 m in
length. For longer ladders this width shall be increased at least 20mm for each additional
metre of length.
vi) A sketch of the ladders and scaffolds proposed to be used shall be prepared andapproval of
the Engineer obtained prior to construction.
Other Safety Measures:
vii) All personnel of the contractor working within the plant site shall be provided with
safetyhelmets. All welders shall wear welding goggles while doing welding work and all
metalworkers shall be provided with safety gloves. Persons employed on metal cutting
andgrinding shall wear safety glasses.
viii) Adequate precautions shall be taken to prevent danger from electrical equipment.
Nomaterials on any of the sites of work shall be so stacked or placed as to cause danger
orinconvenience to any person or the public.
MEDYSIS 54 | Page
Excavation & Trenching:
ix) All trenches, 1.25 m or more in depth shall at all times be supplied with at least one
ladderfor each 30 m in length or fraction thereof. The ladder shall be extended from
bottoms ofthe trench to at least 1 m above the surface of the ground. Sides of trenches
which are1.5mor more in depth shall be stepped back to give suitable slope or securely held
bytimber bracing so as to avoid the danger of sides collapsing. The excavated materialsshall
not be placed within 1.5 m of the edges of the trench or half of the depth of thetrench
whichever is more. Cutting shall be done from top to bottom. Under nocircumstances
undermining or undercutting shall be done.
x) The contractor shall take all measures on the site of the work to protect the public
fromaccidents and shall be bound to bear the expenses of defence of every suit, action
orother proceedings at law that may be brought by any persons for injury sustained owingto
neglect of the above precautions and to pay any such persons or which may with theconsent
of the contractor, be paid to compromise any claim by any such person.
Demolition:
xi) Before any demolition work is commenced and also during the process of the work:
a) All roads open areas adjacent to the work site shall either be closed or
suitablyprotected.
b) No electric cable or apparatus which is liable to be a source of danger over acable or

apparatus used by the operator shall remain electrically charged.
c) All practical steps shall be taken to prevent danger to persons employed fromthe
risk of fire or explosion or flooding. No floor, roof or other part of the buildingshall
be so over-loaded with debris or materials as to render it unsafe.
Personal Safety Equipment:
xii) All necessary personal safety equipment as considered adequate by the Engineershould be
kept available for the use of the person employed on the site and maintain in acondition
suitable for immediate use and the contractor should take adequate steps toensure proper
use of equipment by those concerned.
a) Workers employed on mixing asphaltic materials, cement and lime mortars shallbe
provided with protective footwear and protective goggles.
b) Those engaged in white washing and mixing or stacking of cement bags or any
materials which are injurious to the eyes shall be provided with protectivegoggles.
c) Those engaged in welding works shall be provided with welder's protectiveeyesight

lids.
d) Stone breakers shall be provided with protective goggles and protectiveclothing and
seated at sufficiently safe intervals.
MEDYSIS 55 | Page
e) When workers are employed in sewers and manholes, which are in use,
thecontractor shall ensure that the manhole covers are opened and are ventilatedat
least for an hour before the workers are allowed to get into manholes and
themanholes so opened shall be cordoned off with suitable railing and provided
withwarming signals or boards to prevent accident to the public.
f) The contractor shall not employ men below the age of 18 years and women onthe
work of painting with products containing lead in any form. Wherever menabove the
age of 18 are employed on the work of lead painting the followingprecautions
should be taken:
i) No paint containing lead or lead products shall be used except in the form
ofpaste or readymade paint.
ii) Suitable face masks should be supplied for use by the workers when paint
isapplied in the form of spray or a surface having lead paint dry rubbed
andscraped.
iii) Overalls shall be supplied by the contractor to the workmen and

adequatefacilities shall be provided to enable the working painters to wash
during thecessation of work.
xiii) When the work is done near any public place where there is risk of drowning allnecessary
equipments should be provided and kept ready for use and all necessarysteps taken for
prompt rescue of any person in danger and adequate provision shouldbe made for prompt
first aid treatment of all injuries likely to be sustained during thecourse of the work.
Hoisting Machine:
xiv) Use of hoisting machines and tackle including their attachments anchorage and
supportsshall conform to the following standards or conditions:
1. a) These shall be of good mechanical constructions sound material andadequate

strength and free from patent defect and shall be kept in goodrepair and in good
working order.
b) Every rope used in hoisting or lowering materials or as means of suspensionshall be

of durable quality and adequate strength and free from patentdefects.
2. Every crane driver or hoisting appliance operator shall be properly qualified andno
person under the age of 21 years shall be in-charge of any hoisting machineincluding
any scaffolding which or give signals to operator.
3. In case of every hoisting machine and of every chain ring hook, shackle shoveland
pulley block used in hoisting or as means of suspension the safe working loadshall be
ascertained by adequate means. Every hoisting machine and all gearreferred to
above shall be plainly marked with the safe working load. In case of ahoisting
machine having a variable safe working load, each safe working load andthe
conditions under which it is applicable shall be clearly indicated. No part ofany
machine or any gear referred to above in this paragraph shall be loadedbeyond the
safe working load except for the purpose of testing.
MEDYSIS 56 | Page
4. In case of OWNER’s machines, the safe working load shall be notified by

theEngineer. As regards contractor's machines, the contractor shall notify the
safeworking load of the machine to the Engineer whenever he brings any
machineryto site of work and get it verified by the Engineer concerned.
xv) Motors, gearing, transmission, electric wiring and other dangerous parts of
hoistingappliances should be provided with efficient safeguards, hoisting appliances should
beprovided with such means as will reduce to the minimum of the risk of any part of
asuspended load becoming accidentally displaced. When workers are employed onelectrical
installations which are already energized, insulating mats, wearing apparel, suchas gloves,
sleeves and boots as may be necessary, should be provided. The workersshould not wear
any rings, watches and carry keys or other materials which are goodconductors of electricity.
xvi) All scaffolds, ladders and other safety devices mentioned or described herein shall
bemaintained in safe condition and no scaffold, ladder or equipment shall be altered
orremoved while it is in use.Adequate washing facilities should be provided at or near places
of work.
xvii) These safety provisions should be brought to the notice of all concerned by display on
anotice board at a prominent place at work spot. The person responsible for complianceof
the safety code shall be named therein by the contractor.
xviii) To ensure effective enforcement of the rules and regulations relating to safetyprecautions
the arrangements made by the contractor shall be open to inspection bythe Labour Officer,
Engineers of the OWNER or their representatives.
xix) Notwithstanding the above clause from (i) to (xviii), there is nothing in these to exempt
thecontractor from the operations of any other Act or Rule in force in the Republic of India.
MODEL RULES FOR THE PROTECTION OF HEALTH AND SANITARY ARRANGEMENTSFOR WORKERS
1. Application:
These rules shall apply to the works including civil, structural and architectural works for
the Proposed XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
2. Definition:
a) 'Work Place' means a place at which at an average 50workers are employed

inconnection with construction work.
b) 'Large Work Place' means a place at which an average 500or more workersare
employed in connection with construction work.
MEDYSIS 57 | Page
3. First Aid:
a) At every work place, there shall be maintained in readily accessible place first
aidappliance including an adequate supply of sterilized dressings and sterilized
cotton wool. The appliance shall be kept in good order and in large work placethey
shall be placed under the charge of a responsible person who shall bereadily
available during working hours.
b). At large work places, where hospital facilities are not available within easydistance
of the works, first aid posts shall be established and be run by a trainedcompounder.
c). Where large work places are remote from regular hospitals, an in-door ward shallbe
provided with one bed for every 250 employees.
d). Where large work places are situated in cities, towns in their suburbs and nobeds
are considered necessary owing to the proximity of city or town hospitals,suitable
transport shall be provided to facilitate removal of urgent cases to thehospitals. At
other work places, some conveyance facilities, such as a car,shall be kept readily
available to take injured person or persons suddenly taken illto the nearest hospital.
4. Drinking Water:
a) In every work place, there shall be provided and maintained at suitable placeseasily
accessible to labour sufficient supply of cold water fit for drinking.
b) Where drinking water is obtained from an intermittent public water supply,

eachwork place shall be provided with storage where such drinking water shall
bestored.
c) Every water supply of storage shall be at a distance of not less than 15m fromany
latrine, drain or other source of pollution. Where water has to be drawn froman
existing well which is within the proximity of latrine, drain or any other source
ofpollution, the well shall be properly chlorinated before water is drawn from it
fordrinking. All such wells shall be entirely closed in and be provided with a trap
doorwhich shall be dust and water proof.
d) A reliable pump shall be fitted to each covered well, the trap door shall be
keptlocked and opened only for cleaning or inspection which shall be doneat least
once a month.
5. Washing & Bathing Places:
a) Adequate washing and bathing places shall be provided, separately for men
andwomen.
b) Such places shall be kept in clean and drained condition.
MEDYSIS 58 | Page
6. Scale of accommodation in latrines & urinals
There shall be provided within the precincts of every work place latrines and urinals in
anaccessible place, and the accommodation, separately for each of them shall not be
lessthan the following scale:
No of seats
a. Where the number of persons does not exceed 50 2
b. Where the number of persons exceeds 50, but does not exceed 100 3
c. For every additional 100 3per 100
7. Latrines & Urinals for Women:
If women are employed, separate latrines and urinals screened from those for men
andmarked in the vernacular in conspicuous letters 'For Women only' shall be provided on
thescale laid in Rule 6. Those for men shall be similar marked 'For Men Only'. A
postershowing the figure of a man or a woman shall also be exhibited at the entrance
oflatrines for the respective sex. There shall be adequate supply of water close to theurinals
and latrines.
8. Latrines & Urinal:
All latrines hall be provided with septic tanks or leach pits in case of small units. All
thelatrines shall be kept in good sanitary condition.
9. Construction of latrines:
The inside walls shall be constructed of masonry or some suitable heat resistingnon-
absorbent materials and shall be cement washed inside and outside at least oncea year. The
dates of cement washing shall be noted in a register maintained for thispurpose and kept
available for inspection. Latrines will not be of a standard lower thanbore-hole system and
should have thatched roofs.
10. Disposal of Excreta:
Unless otherwise arranged for by the local sanitary authority, arrangements for
properdisposal of excreta shall be made by septic tank or leach pit duly approved by
theEngineer and in conformity with the requirements of local public health authorities.
11. Provision of Shelter during Rest:
At every work place there shall be provided free of cost, two suitable sheds, one formeals
and the other for rest separately for men and women for the use of labour. Theheight of the
shelter shall not be less than 3.5 m from the floor level, to the lowest part ofthe roof. The
sheds should be roofed with at least thatch and mud flooring will be providedwith a dwarf
wall around not less than 750 mm. Sheds should be kept clean and thespace should be on
the basis of at least 0.50 squaremetre per head.
MEDYSIS 59 | Page
12. Crèches:
a) At every work place, at which 50 or more women workers are ordinarilyemployed,

there shall be provided two sheds for the use of children under the ageof 6years
belonging to such women, one shed shall be used for infants' gamesand play and the
other as their bed room.The sheds shall be provided with suitable and sufficient
openings for light andventilation. There shall be adequate provision of sweepers to
keep the place clean.There shall be two dais in attendance. Sanitary utensils shall be
provided to thesatisfaction of the Health Officer of the area concerned. The use of
the shed shall berestricted to children, their attendants and mothers of the children.
b) Where the number of women workers is more than 25 but less than 50,
thecontractor shall provide at least one shed and one dai to look after the children
ofwomen workers.
c) The size of creche or creches shall vary according to the number of womenworkers.
d) The creche or creches shall be properly maintained and necessary equipment

liketoys etc shall be provided.
13. Canteen facility should be arranged for the contractors’ employees and workers.
MEDYSIS 60 | Page
PROFORMA FOR APPLICATION FOR EXTENSION OF TIME PERIOD
1. Name of Contractor:
2. Name of the work as given in theAgreement
3. Agreement No:
4. Estimated Tender Amount:
5. Date of commencement of work asper Agreement:
6. Period allowed for completion of workas per Agreement:
7. Date of completion stipulated inAgreement:
8. Period for which extension of time hasbeen given previously:
a) 1stextension vide OWNER’S Letter no._________ for __________ no of days

b) 2nd extension vide OWNER’S Letter no._________ for __________ no of days
c) 3rdextension vide OWNER’S Letter no._________ for __________ no of days
d) 4thextension vide OWNER’S Letter no._________ for __________ no of days
Total extension previously given _______________ no of days
9. Reason for which extensions havebeen previously given (copies of theprevious applications
should beattached):
10. Period for which extension is appliedfor:
11. Hindrances on account of whichextension is applied for with dates onwhich hindrances occurred
and theperiod for which these are likely towhich these are likely to last.
a) Serial No.:
b) Date of occurrence:
c) Period for which it is likely tolast:
d) Period for which extensionrequired for this particularhindrance:
e) Overlapping period if any,with reference to item (e) above:
f) Net extension applied for:
g) Remarks, if any:
12. Extension of time required for extrawork:
13. Details of extra work and the amountinvolved:

a) Total value of extra work:
b) Proportionate period ofextension of time on estimatedamount put to tender:
14. Total extension of time requiredfor 11 & 12:
Submitted to theOWNER _________________________________________________
Date Signature of the contractor
MEDYSIS 61 | Page
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE GUARANTEE BOND
1. We _________________________________________ (hereinafter referred to as theBank)

at the request of _______________________________________________ andaddress
________________________________________________hereinafter calledthe Contractor
do hereby undertake to pay to UGANDA (hereinafter called the OWNER) an amount not
exceedingRs.____________ (Rupees
____________________________________________________________) only for any
breach in successful completion ofconstruction works including civil, structural and
architectural works for the XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX as
per the agreement to be executed between the OWNER and the Contractor.
2. We __________________________________________ (indicate name of Bank) dohereby

undertake to pay the amount payable under this Guarantee without any demur,merely on a
demand from the OWNER stating that the amount claimed is due by way ofloss or damage
caused to or would do caused to or suffered by the OWNER by reasonof breach by the said
contractor(s) of any of the terms and conditions contained in thesaid Agreement relating to
of construction works including civil, structural and architectural works for the
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. Any such demand made on
the Bank shall be conclusiveas regards the amount due and payable by the Bank under this
guarantee. However,our liability under this guarantee shall be restricted to an amount not
exceedingRs.________ (Rupees _________________ _______________) only.
3. We undertake to pay to the OWNER any money so demanded notwithstanding anydispute

or disputes raised by the Contractor(s)/ Supplier(s) in any suit or proceedingspending before
any court or Tribunal relating thereto our liability under this presentbeing absolute and
unequivocal.The payment so made by us under this bond shall be as valid discharge of our
liabilityfor payment thereunder the contractor(s)/ suppliers shall have no claim against us
formaking such payment.
4. We, _______________________________________ further agree that the (indicatethe

name of the Bank) Guarantee herein contained shall remain in full force andeffect during the
period that would be taken for the performance of the saidAgreement and that it shall
continue to be enforceable till all the dues of the OWNERonly relating to the work of
construction works including civil, structural and architectural works for the
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX tender/offer under or by
virtue of the said agreementhave been fully paid and its claims satisfied or discharged.Unless
a demand or claim under this guarantee is made on us in writing on or
before_____________, we shall be discharged from all liability under this
guaranteethereafter.
MEDYSIS 62 | Page
5. We _________________________________________ (indicate the name of Bank)further

agree with the OWNER that the OWNER shall have the fullest liberty withoutour consent and
without affecting in any manner our obligations hereunder to vary anyof the terms and
conditions of the said Agreement or to extend time of performance by
______________________________the said Contractor(s) fromtime to time or to postpone
for any time or from time to time any of the powersexercisable by the OWNER against the
said contractor(s) and to forbear or enforceany of the terms and conditions relating to the
said agreement and we shall not berelieved from our liability by reasons of any such
variation, or extension being grantedto the said contractor(s) or for any forbearance, act or
omission on the part of theOWNER or any indulgence by the OWNER to the said
Contractor(s) or by any suchmatter or thing whatsoever which under the law relating to
sureties would, but for thisprovision have effect or so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank
orthe Contractor(s)/Supplier(s).
7. We ___________________________ (Name of the Bank) lastly undertake not torevoke this

guarantee during its currency except with the previous consent of theOWNER in writing.
MEDYSIS 63 | Page
PROFORMA OF BANK GUARANTEE FOR ADVANCE PAYMENT
To be executed on a non-judicial stamp paper of appropriate value
In consideration of the XXXXXXXXXXXXXXX, a society under the Society Registration Act1860

having itsRegistered Office XXXXXXXXXXXXXXXXXXXXX (hereinafter called as "OWNER") and
having their site at Survey XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX having agreed, to
accept Bank Guarantee from (Tenderer's name and address) (hereinafter called "the said
Tenderers"), for Rs_____________ (Rupees______________ Only) being the advance taken for
executing <mention nature work>under the terms and conditions of OWNER’s PO
No.___________________ dated ________________ (hereinafter referred to as “the
Agreement”)
1. We, __________________________________ (Name of the bank and full address) (hereinafter

called the "Bank") at the request of __________________“Name of tenderer/s” do hereby
undertake to pay to the OWNER an amount not exceeding Rs.______________/- (Rupees
______________Only) caused to or suffered by the OWNER by reason of any breach by the said
tenderers of any of the terms and conditions contained in the said Agreement.
2. We, -------------------- (Name of the bank) do hereby undertake to pay the amounts due and
payable under this guarantee without any demur, merely on a demand from the Company
stating that the amounts claimed is due by way of loss or damage caused to or would be caused
to or suffered by the Company by reason of breach by the said tenderers of any of the terms or
conditions contained in the said Agreement or by reason of the tenderer's failure to perform the
said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount
due and payable by the Bank under this guarantee. However, our liability under this guarantee
shall be restricted to an amount not exceeding Rs.__________/- (Rupees
_____________________Only).
3. We ----------------- (Name of the bank) undertake to pay to the Company any money so demanded
notwithstanding any dispute or dispute raised by the tenderer(s) in any suit or proceeding
pending before any court or Tribunal relating hereto our liability under this present being)
absolute and unequivocal.
The Payment so made by us under this guarantee shall be a valid discharge of our liability for
payment there under and the tenderer(s) shall have no claim against us for making such
payment.
4. We, ----------------- (Name of the bank) further agree that the guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance of the
said Agreement and that it should continue to be enforceable till all the dues of the Company be
under or by virtue of the said Agreement have been fully paid and its claim authorities satisfied
or discharged by the said tenderers.
Unless a claim or demand under this guarantee is made or presented to the Bank within six
months from the expiry date of this Bank Guarantee, all the rights of the Company under this
guarantee shall cease and the Bank shall be released and discharged from all liability hereunder.
MEDYSIS 64 | Page
5. We, --------------- (Name of the bank) further agree with the Company that the Company shall
have the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to extend time of
performance of the said tenderers from time to time to postpone for any time or from time to
time of the powers exercised by the Company against the said tenderers and to forbear or
enforce any of the terms and conditions relating to said Agreement and we shall not be relieved
from our liability by reason of any variation, or extension being granted by the said Company to
the said tenderer or by any such matter or thing whatsoever which under the law relating to
sureties would but for this provision, have effect of so relieving us.
This guarantee shall not be affected by any change in the constitution of the Bank or the
tenderer.
We, ----------------- (Name of the bank) lastly undertake not to revoke this guarantee during its
currency except with the previous consent of the Company in writing.
Notwithstanding anything contained herein:
1. Our liability under this Bank Guarantee shall not exceed Rs.______ /- (Rupees __________Only).
2. This Bank Guarantee shall remain in force and effect for a period of ____________ from
__________ to _____________ and
3. We are liable to pay the guaranteed amount or any part thereof under this Bank Guarantee and
only if Company serve upon us a written claim or demand within six months from the expiry date
of this Bank Guarantee.
Date:
Signature & Seal of Bank
(Authorised Signatory
MEDYSIS 65 | Page
PROFORMA OF BANK GUARANTEE FOR RETENTION BANK GUARANTEE:
(To be executed on a non-judicial stamp paper of appropriate value)
THIS DEED OF GUARANTEE IS MADE THIS ………..… day of ……………………..……. 2018

XXXXXXXXXXXXXXXXXXXXXXXXXXX and having its site at
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, hereinafter called as the “OWNER” (which
expression shall unless excluded by or repugnant to the context include its successors and assignees)
of the one part and ________________________ hereinafter called as the “Bank” (which expression
shall unless excluded by or repugnant of the context include its successors and assignees) of the
other part.
Whereas XXXXXXXXXXXXXX accepted the tender / offer of M/S ……………………….., hereinafter called
as the “Vendor / Contractor” to execute the supply / work of …………………………………………………….., at
their site as mentioned above in the confirmation of its acceptance issued its Purchase Order
No………….. Dated……………………….. (Hereinafter referred to as the “Contract”).
WHEREAS the said Contract provides that the Company shall hold retention amount @5% / 10% of
total value of supply / work executed from the bills of the vendor /contractor from the date of
commissioning and acceptance of the material supplied / work executed by the vendor / contractor
at the above mentioned Campus site. Further, the said contract provides that the said amount of
retention may be released by the company to the vendor / contractor upon furnishing of
unconditional and irrevocable Bank Guarantee for the due observance and performance of the
Contract after the date of acceptance and during the period of Warranty / AMC maintenance /
Defects Liability period by the said vendor / contractor to the tune of Rs. ………………………. for a
period of ……………………….. plus additional claim period of 6months from the date of acceptance by
the company of the material supplied / work executed by the vendor / contractor at the above
mentioned Campus site.
AND WHEREAS at the request of the vendor / contractor, the Bank has agreed to execute these
presents.
NOW THE DEED WITNESSETH AND IT IS HEREBY AGREED AND DECLARED BY AND between the
parties hereto as follows:
1. We …………………………………………………………., (hereinafter referred to as “the Bank”) hereby

undertake to pay to the Company an amount not exceeding Rs…………………………. Rupees
(…………………………………………………………. only) on demand by the Company.
2. We __________________________ do hereby undertake to pay the amounts due and payable

under this Guarantee without any demur, merely on a demand from the Company stating that
the amount claimed is required to meet the recoveries due or likely to be due from the said
vendor / contractor. Any such demand made on the Bank shall be conclusive as regards the
amount due and payable by the Bank under this Guarantee. However, our liability under this
guarantee shall be restricted to an amount not exceeding
Rs.________________________________________ only).
MEDYSIS 66 | Page
3. We, the said Bank further undertake to pay to the Company any money so demanded
notwithstanding any dispute or disputes raised by the vendor / contractor in any suit or
proceeding pending before any court or Tribunal relating thereto, our liability under this present
being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment there-under and the vendor / contractor shall have no claim against us for making such
payment.
4. We _____________________ further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the said
contract and that it shall continue to be enforceable till all the dues of the Company under or by
virtue of the said contract have been fully paid and its claims satisfied or discharged or till
Engineer-in-Charge on behalf of the Company would certify that the terms and conditions of the
said contract have been fully and properly carried out by the said vendor / contractor and
accordingly discharge this guarantee.
5. We ________________________ further agree with the Company that the Company shall have
the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said contract or to extend the time of
performance, Warranty / AMC maintenance / Defects Liability period by the said vendor /
contractor from time to time or to postpone for any time or from time to time any of the powers
exercisable by the Company against the said vendor / contractor and to forbear or enforce any
of the terms and conditions relating to the said contract and we shall not be relieved from our
liability by reason of any such variation or extension being made or for any forbearance, act of
omission or any indulgency by the Company or by any such matter or thing whatsoever which
under the law relating to sureties would, but for this provision, have effect of so relieving us.
6. This guarantee will not be discharged due to the change in the constitution of the Bank or the
vendor / contractor.
7. We __________________ lastly undertake not to revoke this guarantee except with the
previous consent of the Company in writing.
8. This guarantee shall be valid upto ……………….. unless extended on demand by the Company.
Notwithstanding anything mentioned above, our liability against this guarantee is restricted to
Rs.__________________ (Rupees ____________ ____________________________ only) and
unless a claim in writing is lodged with us within six months of the date of expiry or the extended
date of expiry of this guarantee; all our liabilities under this guarantee shall stand discharged.
9. That the Bank undertakes to pay the amount as may be demanded by the Company as aforesaid
within 1 (one) day of the receipt of the demand. In case the payment is not made within 1 (one)
day as aforesaid, the Bank shall be liable to pay 18% interest per annum, for the delay in
payment and it shall be without prejudice to the Company’s right (s) for any other remedies that
may be permissible under the law.
10. Any time concession or act of omission or indulgence granted by the Company to the vendor /
contractor / Bank will neither constitute and waiver on the part of the Company or the same
shall be in any way prejudice or adversely affect the Guarantee.
MEDYSIS 67 | Page
11. The Guarantee shall not be prejudiced or in any case discharged or vitiated if the Company holds
any other Undertaking / Indemnity or any other securities for protection of their interest.
12. That the Bank declares that it has power to issue this Guarantee in favour of the Company under
its Memorandum and Articles of Association and the undersigned has full powers to execute it
under the Power of Attorney dated________________ granted to him by the Bank.
13. IN WITNESS WHEREOF THE parties have executed these presents the day and year mentioned
above in the 1st line of this Guarantee Bond.
Signed and delivered by Signed and delivered by
_______________________ ___________________________________
the constituted attorney FOR AND ON BEHALF OF XXXXXXXXXXXXX
for and on behalf of the
Bank in the PRESENCE OF
1………………………….. 1…………………………………
2…………………………. 2………………………………..
PROFORMA FOR CONTRACTORS SITE ORGANISATION TEAM:
Tenderers must enter the name, qualification and experience of the key personnel to be proposed for
the site management, supervision and quality control of the works as mentioned in the tender and
they should be full time available at site works.
Period of available at
Name of the Educational Organizational Experience (total
Sl.No. site
person Qualification position at site no of years)
From To
Date Signature of the Tenderer
MEDYSIS 68 | Page
PROFORMA FOR SCHEDULE OF PLANT AND EQUIPMENTS TO BE DEPLOYED AT SITE FOR WORKS:
The tenderer must enter below particulars of plant and equipment he proposes to use on the works.
Period when available

Description of Year of Equipment Status (Owned
Sl.No from start of work
Equipment Manufacture capacity or hired)
From To
Tenderer hereby confirm that they will mobilize above type, capacity and quantities of equipment for
the mentioned period for execution of works and will not be less than the above schedule and also
agree to add additional equipments if so required meeting the project schedule and completion
schedule in the opinion of the OWNER/ENGINEER-IN-CHARGE/PMC.
PROFORMA FOR METHODOLOGY AND QUALITY CONTROL:
The tenderer shall submit methodology of works and Quality Control for the following aspects of work
along with the tender. The information furnished by the tenderer shall be considered in evaluation of
the tender.
1. Material procurement plan

2. Manpower Planning
3. Method of works
4. Method and stages of quality Control of works
5. Method of testing of various works and materials
6. Inspection procedure and check list
7. Maintenance Plan
MEDYSIS 69 | Page

24x7 Section-1 Conditions of Contract

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24x7 Section-1 Conditions of Contract

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UGANDA Tender for Civil, Structural and Architectural works

I.NOTICE OF INVITING TENDER

2. The tender documents are to be issued by XXXXXXXXXXXXXXXXXXXXXXXXXXXXX, during

3. The tender documents consist of the following.

7. Earnest money bank guarantee shall be returned to the unsuccessful tenderer

14. Tender documents are not transferable including assignable.

17. Canvassing whether directly or indirectly, in connection with tenderers is strictly

Date: October, xx, 2018.

II. TENDER INFORMATION:

PROPOSED MEDICAL COLLEGE AT UGANDA

2. DATE OF ISSUE OF TENDER xx/October/2018

XXXXXXXXXXXXXXXXXXX, Chennai -600034

4. COST OF TENDER DOCUMENT Rs.xxxxxxxxxx

5. EARNEST MONEY DEPOSIT As prescribed in the Notice of inviting tender.

6. LAST DATE FOR RECEIPT OF xx/October/2018

XXXXXXXXXXXXXXXXXXX, Chennai -600034

9. TYPE OF CONTRACT Item rate contract. (Measure and pay contract).

10. VARIATION No limit

9. PERIOD OF COMPLETION 24 (Twenty four) Months

12. LIQUIDATED DAMAGES 0.5% per week to a maximum limit of 5%

13. PAYMENT TERMS a. Mobilization advance to an extent of 5% of the contract

b. upto85% progressive payment against RA Bills.

c. upto 95% against building wise completion and acceptance

d. 5% retention payment will be released against submission

III. SUBMISSION OF TENDER:

My/Our bankers are:

The names of partners of our firm are:

Name of the partner of the firm Authorised to sign:

Name of person having Power of Attorney to sign the contract:

THIS ARTICLES OF AGREEMENT is executed at Bangalore on this ---------------------------------------------

WHEREAS the OWNER is desirous of carrying out

NOW IT IS HEREBY AGREED AS FOLLOWS:

Signed and Delivered

Name and Designation: ………………………………………. …………………………………..

Address: ………………………………………. ……………………………………….

1. Signature: ………………………………………. …………………………………..

Occupation: ………………………………………. …………………………………..

Address: ………………………………………. ……………………………………….

2. Signature: ………………………………………. …………………………………..

Occupation: ………………………………………. …………………………………..

Address: ………………………………………. ……………………………………….

The COMMON SEAL OF ………...............................................was hereunto affixed pursuant to the

(1) Name and Designation:

(2) Name and Designation:

(1) Name and Designation:

(2) Name and Designation:

If the Contractor signing by the hand of power of attorney,

IV. CONTRACT CONDITIONS

1.2.21. "LETTER OF ACCEPTANCE” shall mean,the intimation given by the OWNER/ENGINEER-IN-

2. GENERAL RULES AND INSTRUCTIONS FOR THE GUIDANCE OF TENDERERS:

2.16. All tender prices shall be quoted only in Indian Rupees.

Cover-I(TechnicalBid)-Earnest money Deposit, Registration nos. of Income Tax and Sales

OWNER/CONSULTANT may in their absolute discretion issue further drawings

a) The variation or modification of the design quality or quantity of works or

b) Any discrepancy in the drawings or between the schedule of quantities

d) The demolition removal and/or re-execution of any work executed by

e) The dismissal from the work of any persons employed thereupon.

f) The opening up for inspection of any work covered up.

g) The rectification and making good of any defects under clauses

4. DETAILED DRAWINGS AND INSTRUCTIONS:

The OWNER through theirCONSULTANT shall furnish with reasonable promptness

7. ROYALTIES & PATENTS:

9. FAILURE BY CONTRACTORS TO COMPLY WITH OWNER'S: