GCC - Civil Construction

SECTION II
HOSTEL BUILDING FOR ASIAN SCHOOL OF BUSINESS

FOR MR. GEORGE THOMAS
ASIAN SCHOOL OF BUSINESS,
TECHNOCITY WEST, CRPF JUNCTION,
PALLIPURAM, TRIVANDRUM, KERALA
GENERAL CONDITIONS OF CONTRACT

FOR CIVIL WORKS
OF THE
HOSTEL BUILDING FOR ASIAN SCHOOL OF BUSINESS
AT
THIRUVANANTHAPURAM, KERALA
STRUCTURAL CONSULTANTS
Valsaraj Associates Structural and Foundation Consultants
G90, Ground floor,
Panampilly Nagar,
Cochin – 682 035
PROJECT MANAGERS
JLL
Chiramel Chamers, Ground Floor,
Kurishupally Road,
Ravipuram, Kochi – 682 015
Hostel Building for Asian School of Business Section II – General Conditions of Contract
Table of contents
PART – A: GENERAL TERMS AND CONDITIONS .............................................................. 5

1. Definition ...................................................................................................................... 5
2. Interpretation ............................................................................................................... 9
3. Contract...................................................................................................................... 10
4. Assignment and subletting of Contract ....................................................................... 10
5. Coordination with other agencies engaged directly by ASB ......................................... 11
6. Site drainage ............................................................................................................... 12
7. Patent, intellectual property rights and royalties ........................................................ 13
8. Treasure, trove, fossils etc. ......................................................................................... 13
9. Measurement of Work ............................................................................................... 13
10. Method of measurement ........................................................................................ 15
11. Drawings and documents ........................................................................................ 15
12. Discrepancies and adjustment of errors .................................................................. 16
13. Reports ................................................................................................................... 17
14. ASB’s rights ............................................................................................................. 19
15. Responsibilities of Contractor in respect of local laws, employment of workers, etc.
20
16. Responsibilities of Contractor in respect of safety of men, equipment, material and
environment. ..................................................................................................................... 24
17. Contractor's default ................................................................................................ 29
18. Delays by ASB .......................................................................................................... 30
19. Termination, suspension, cancellation and foreclosure of Contract ......................... 30
20. Insurance ................................................................................................................ 34
21. Liability for accidents and damages ......................................................................... 37
22. Limitations of liabilities............................................................................................ 37
23. Strikes and lock-outs ............................................................................................... 38
Page 2 of 70 Seal and Signature of Bidder

24. Force Majeure ......................................................................................................... 38

25. Extension of date of completion .............................................................................. 39
26. No waiver of rights .................................................................................................. 39
27. Grafts and commissions .......................................................................................... 40
28. Prohibition on publicity ........................................................................................... 40
29. Completion of Work ................................................................................................ 40
30. Completion of Contract ........................................................................................... 41
31. Deviation ................................................................................................................. 42
32. Valuation of deviations............................................................................................ 43
33. Replacement of defective parts and materials......................................................... 43
34. Protection of embedments, bolts etc. ..................................................................... 44
35. Protection of Works ................................................................................................ 44
36. Uncovering and making good .................................................................................. 45
37. Defence of suits....................................................................................................... 45
38. Settlement of disputes ............................................................................................ 46
39. Governing laws, jurisdiction, notice and arbitration ................................................ 46
PART – C: TERMS AND CONDITIONS FOR CIVIL -STRUCTURAL AND FINISHES WORKS . 47
1. Site office / Supervision .............................................................................................. 47
2. Supervisory staff and workmen .................................................................................. 47
3. Setting out .................................................................................................................. 49
4. Equipment, tools and other devices ............................................................................ 49
5. Materials .................................................................................................................... 51
6. Handling of cement, reinforcement and structural steel ............................................. 52
7. Scrap and serviceable materials .................................................................................. 54
8. Execution of Work ...................................................................................................... 54
9. Quality Assurance and inspection ............................................................................... 55
10. Facilities to be provided by ASB and Contractor ...................................................... 56
ANNEXURE ‘A’- Agreement ......................................................................................... 59

ANNEXURE ‘B’ - Format of indemnity bond ................................................................. 64

ANNEXURE ‘C’- Performa of bank guarantee for Security Deposit ............................... 66
ANNEXURE ‘D’ Format of Bank Guarantee for Mobilization Advance .......................... 68

PART – A: GENERAL TERMS AND CONDITIONS
1. Definition
Throughout the TENDER Documents, the following words shall have the meanings assigned to them
herein, unless the subject matter or the context requires otherwise.
‘Approved', `Directed' Or
‘Instructed' shall mean approved, directed or instructed by ASB directly or
through its appointed Project Manager.
‘Codes’ shall mean the following, including the latest amendments, and/or
replacements, if any :
(a) Standards of Bureau of Indian Standards relevant to the works

under the contract and their specifications.
(b) Other Internationally approved Standards and/or rules and

regulations touching the subject matter of the contract.
(i) IS Codes.
(ii) ASTM codes.
(iii) American Society of Materials Testing Codes.
(iv) Indian Electricity Act and Rules and Regulations made there
under.
(v) Indian Explosive Act and Rules and Regulations made there
under.
c) Any other laws, rules, regulations and Acts applicable in India with
respect to construction, labour, safety, compensation, Insurance
etc.
`Completion Time' shall mean the period specified in the Letter of Acceptance/Work
Order or date mutually agreed upon for completing the work to the
satisfaction of the Project Manager, being of required standard and
conforming to the specifications of the Contract.
`Contractor' shall mean the entity/firm/company/organisation whose offer in the

Tender submitted by it is accepted by ASB and which enters into

Contract with ASB and this shall include their executors,

administrators, successors and permitted assigns.
`Contract' shall mean and include the following:
a. Letter of Acceptance/Work Order issued by ASB, and

b. Contract executed between ASB and Contractor.
c. BOQ
d. Section II – General Conditions of Contract
e. Section III – Special Conditions of Contract
f. Section IV - Technical Specifications
g. Section VI - Tender Drawings, and
h. Section VII – Safety Document
i. Notice Inviting Tender
Any conditions or terms stipulated by the Tenderer in the tender

documents or subsequent letters shall not form part of the Contract
unless specifically accepted in writing by ASB in the Letter of
Acceptance/Work Order and incorporated in the Contract. The
Contract is also sometimes referred as ‘Contract Document’ /
‘Agreement’ in this Tender Documents.
‘Contract Price’ shall mean the awarded price for the Works calculated on the basis of
the awarded quantities of Works and the approved rates, by ASB.
‘Days’ shall mean calendar days.
‘Drawings’/’Plans’ (a) drawings furnished by ASB /its consultant as a basis for

proposals,
(b) supplementary drawings furnished by ASB/ its consultant to

clarify and to define in greater detail the intent of the
Contract,
(c) drawings submitted by the Contractor with his proposal

provided such drawings are acceptable to ASB / its
Consultant,
(d) drawings furnished by ASB / its Consultant to the Contractor

during the progress of the work, and
(e) engineering data and drawings submitted by the Contractor

during the progress of the Works provided such drawings are
acceptable to the Project Manager
‘Final Acceptance’ shall mean ASB’s written acceptance of the Works performed under
the Contract, after successful completion and fulfillment of
contractors obligation including defects liability period and
conduction of guarantee tests and relevant certificates.
‘Government Approvals’ shall mean all permits, licenses, authorisations, consents, clearances,
decrees, waivers, privileges, approvals from and filing with
government agencies or authorities necessary for the development,
construction and operation of the Project.
‘Guarantee Period/
Maintenance Period/
Defect liability period’ shall mean the period of 2 (two) years from the Taking over of the
Works by ASB after the completion of all Works to its satisfaction
from the Contractor and Final Acceptance. During the Guarantee
Period the Contractor shall remain liable for repair or replacement of
any defective part of the Works performed under the Contract
without any costs and expenses to ASB.
‘Intended Completion Date’ shall mean the proposed date by ASB in the Letter of
Acceptance/Work Order by which the Works are to be completed by
the Contractor.
`Letter of Acceptance/Work Order' shall mean the official notice issued by ASB through a letter to
the Tenderer that the Tender has been accepted in accordance with
provisions contained in the letter. The responsibility of the Contractor
commences from the date of issue of this letter and all the terms and
conditions of contract are applicable from this date.
‘Offer’ /’Tender’ / ‘Bid’ shall mean and include the technical and commercial documents
including specifications, schedule of rates and quantities, drawings
etc. submitted by the Tenderer in response to the TENDER Documents

and any subsequent clarifications thereof.
‘Performance and Guarantee

Tests’ shall mean all operation checks and tests required to determine and
demonstrate capacity, efficiency, and operating characteristics as
specified in the Contract.
‘Project’ shall mean the construction of the Works as required by ASB at the
Site as per the terms and conditions of the Contract.
'Project Manager' / ‘ PM’ for the purpose of this Contract shall mean an engineer, person, firm,
entity or company duly appointed as such from time to time or such
other officials as may be duly authorised and appointed and notified
in writing by ASB to act as the project manager. In cases where no
such Project Manager has been so appointed, the word 'Project
Manager' shall mean ASB or its duly authorised representative.
‘Site’ shall mean the specific site of the proposed Contract Work at ASB,
Vazhuthacaud, Thiruvananthapuram, Kerala, including land and any
building and erections thereon and any other land allotted by ASB for
Contractor's use in the performance of the Contract.
‘Specifications’ shall mean the technical specifications forming a part of the Contract
and such other schedules and Drawings as may be mutually agreed
upon.
‘Sub-contractor’ shall mean the person/firm/company/organization to whom any part

of the Work has been sub-contracted directly by the Contractor on
piece rate, items rate, time rate or on any other basis, with the
written consent of ASB. Sub-contractor shall also mean to include one
who furnishes work to a special design according to the plans or
specifications of the Works but does not include one who merely
supplies materials.
‘Tenderer’ /‘Bidder’ shall mean the entity/firm/company/organization, which quotes

subject to TENDER documents issued by the ASB/PM.
‘Tender Documents’ shall mean and include the documents specified in Section 8 of

General Conditions. These may also be referred as ‘Tender

Specifications’ / ‘TENDER Documents’ / ‘TENDER’.
`Tests' shall mean and include such test or tests to be carried out by the
Contractor as are prescribed in the Contract or considered necessary
by ASB in order to ascertain the quality, workmanship, performance
and efficiency of the contracted work or part thereof.
‘Works' shall mean and include supply of all materials, categories of labour,
specified consumables, tools and tackles required for complete and
satisfactory construction and commissioning of the building as
envisaged in these Tender Documents and as further defined herein
to the satisfaction of ASB. It may also be referred as `Contract Work'.
2. Interpretation
(1) Clause headings and section headings are for ease of reference only and are not intended to
be part of or to affect the meaning, interpretation or construction of any of the terms and
conditions in the TENDER Documents.
(2) References to any gender includes any other gender, the plural shall include the singular and
bodies corporate shall include unincorporated bodies and (in each case) vice versa.
(3) Reference to any statute, enactment, ordinance, order, regulation or other similar instrument
shall be construed to include a reference to the statute, enactment, ordinance, order,
regulation or instrument as from time to time amended, extended, re-enacted or
consolidated; and all statutory instruments, orders, regulations or instruments made pursuant
to it.
(4) Clauses, Sections, Pages, and the Schedules referenced by name shall refer to the Clause,
Section, Page, or the Schedule having the title referred to.
(5) When the words "Approved", "Subject to Approval", "Satisfactory", "Equal to", "Proper",
"Requested", "As directed", "Where directed", "When directed", "Determined by",
"Accepted", "Permitted", or words and phrases of like import are used, the approval,
judgment, direction etc. is understood to be a function of the ASB/Project Manager.

3. Contract
1. By the submission of Tender by a Tenderer, he shall be deemed to have carefully examined all
Tender Documents to his satisfaction. If he shall have any doubt as to the meaning of any portion
of the Tender Documents he shall, before submission of Tender, submit them to ASB in writing in
order that such doubt may be clarified. ASB will provide such clarifications as may be necessary in
writing to the Contractor. Any information otherwise obtained from ASB or the Project Manager
shall not in any way relieve the Contractor of his responsibility to fulfil his obligations under the
Contract.
2. The Contractor shall execute the Contract with ASB within 7 days from the date of Letter of
Acceptance/Work Order or within such extended time as may be granted by ASB at its sole
discretion. The Security Deposit for the proper fulfilment of the Contract shall be furnished by the
Contractor in the prescribed form before signing of the Contract. Notwithstanding the foregoing,
Works shall commence within 7 days from the date of Letter of Acceptance/Work Order.
3. ASB, after the issue of the Letter of Acceptance/Work Order, will send one copy of the final
agreement, to the Contractor for his scrutiny and approval.
4. The Contract, unless otherwise agreed to, shall be executed at the office of ASB on a date and
time to be mutually agreed. The Contractor shall provide for signing of the Contract, appropriate
power of attorney and other requisite materials.
5. The Contract will be signed in three originals and the Contractor shall be provided with one
signed original and the rest will be retained by ASB. None of these documents shall be used by
the Contractor for any purpose other than for the purpose of this Contract and the Contractor
shall ensure that all persons employed for this Contract strictly adhere to the terms of the
Contract and maintain secrecy, as required of such documents.
6. The Contractor shall provide, free of cost to ASB, all the engineering data, Drawings and
descriptive materials submitted with the Bid, in at least three (3) copies to form a part of the
Contract immediately after issue of Letter of Acceptance/Work Order.
7. The Contract shall be considered as having come into force from the date of the Letter of
Acceptance/Work Order issued by ASB.
4. Assignment and subletting of Contract
1. The Contractor may, but only after obtaining written approval from the Project Manager, sub-
contract such pre-approved part of the Contract other than for the procurement of raw
materials, minor detail or for any part of the Works for which makes are identified in the
Contract. Suppliers of the equipment not identified in the Contract or any change in the identified
supplier shall be subject to approval by the Project Manager. The experience list of the

subcontractor/equipment vendor under consideration by the Contractor for this Contract shall be
furnished to the Project Manager for approval prior to procurement of all such items/equipment.
Such sub-contracting shall not relieve the Contractor from any obligation, duty or responsibility
under the Contract. Any sub-contracting without prior written approval of the Project Manager
shall be void.
5. Coordination with other agencies engaged directly by ASB
1. At the commencement of the Work, and from time to time, the Contractor shall co-operate with
other contractors, Sub-Contractors, persons engaged on separate contracts by ASB in connection
with the Project, Vendors and the PM and with the Employer for the purpose of the co-ordination
and execution of various phases of the Project. Contractor shall bear the responsibility for the co-
ordination with local labour unions, abide by their norms. No impact on time and cost will be
entertained on account of this coordination. The Contractor shall coordinate with and ascertain
from the Vendors and persons engaged on separate contracts by ASB, in connection with the
Project, the extent of all chasings, cutting and forming of all openings, holes, details of all inserts,
sleeves, etc. that are required to accommodate the various services.
2. The Contractor shall coordinate and ascertain the routes of all services and positions of all floor
and wall openings, outlets, traps, the details of all inserts, equipment and services and shall be
solely responsible to ensure that the construction and making good of all "builder's work" are
done in accordance with and as shown, described and/or measured in the Drawings,
Specifications, and other Contract Documents. Also, the Contractor shall ensure that all required
services, inserts, sleeves, embedment etc. are in place/position before other contractor’s
proceeds with their work. Should the Contractor fail to comply with these requirements and the
consequence of such failure necessitates the breaking, re-doing and making good of any work,
then the cost of all such breaking, re-doing and making good of any work shall be to the account
of this Contractor and shall be borne by him. No breaking and cutting of completed work shall be
done unless specifically authorised in writing by the PM. No work shall be done over broken or
patched work without first ascertaining that the broken surface is adequately prepared and
reinforced to receive and hold further work, as determined by the PM.
3. In order to ensure proper co-ordination is being undertaken, weekly meetings, chaired by the
PM, will be held with the various contractors and at which co-ordination will be discussed and
minutes of actions proposed circulated.
4. The Contractor shall agree to co-operate with ASB’s other contractors, consultants or personnel
and freely exchange with them such technical information as is necessary to obtain the most
efficient and economical design and to avoid unnecessary duplication of efforts.
5. Contractor has to clear, and always keep cleared, the Site where the Work is to be commenced /
or in progress. Contractor shall remove construction materials and equipment lying in the vicinity
and causing obstruction in the Site within 24 hrs notice. In case, he fails to clear the site, this will
be done at Contractor’s risk and cost by ASB.

6. The Contractor shall not at any time do, cause or permit any nuisance on Site or do anything
which shall cause unnecessary disturbance or inconvenience to owners, tenants or occupiers of
other properties near the Site and to the public generally.
7. No claim shall be entertained from the contractor on the plea that the work has been executed in
the above circumstances of difficult conditions. It shall be the responsibility of the contractor to
enforce necessary discipline among his works and staff to ensure smooth working at site
6. Site drainage
1. All water including sub-soil water which may accumulate in the Site during the progress of the
Work or in trenches and excavations, including without limitation accumulated during the
monsoon period shall be removed by the Contractor from the Site to the satisfaction of the
Project Manager. It will also be responsibility of the Contractor to de-water all the foundation
pits, trenches with suitable de-watering methods like, pumping out, well point system etc.
considering the depth of water table at plant site. All such expenditure on de-watering shall be
deemed to be included in quoted rates.
2. All operations necessary for the execution and completion of the Works and the remedying of
any defects therein shall, so far as compliance with the requirements of the Contract permits, be
carried on so as not to interfere unnecessarily or improperly with:
2.1.1 the convenience of the public, or

2.1.2 The users, facility team etc.
2.1.3 The access to, use and occupation of public or private roads and footpaths to or of properties
whether in the possession of the Employer or of any other person.
3. If any lands or other places and facilities outside the Site, which are the property of, or under the
control of the Employer, are made available to the Contractor, they shall be used strictly in
accordance with the directions of the PMC.
4. The Contractor shall observe all agreements entered into by the Employer and made known to
the Contractor with any person or persons relating to the occupation of the land and property by
the Employer, which are affected by the execution of the Works. Provided always that
coordination
5. Compliance with such agreements shall not relieve the Contractor of his obligations under this
Clause. On request, the Contractor shall be given copies of any agreement, or part thereof,
relevant to such matters.

6. The Contractor shall save harmless and indemnify the Employer in respect of all claims,
proceedings, damages, costs, charges and expenses whatsoever arising out of, or in relation to,
any such matters insofar as the Contractor is responsible therefor
7. The Contractor shall use every reasonable means to prevent any of the roads communicating
with or on the routes to the Site from being damaged or injured by any traffic of the Contractor,
or any of his Subcontractors. In particular, the Contractor shall select routes, choose and use
vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably
arise from the moving of materials, Plant, Contractor’s Equipment, or Temporary Works from and
to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or
injury may be occasioned to such roads and bridges
7. Patent, intellectual property rights and royalties

1. Royalties and fees for patent or intellectual property covering materials, articles, apparatus,
devices, equipment or processes used in the Works shall be deemed to have been included in the
Contract Price. The Contractor shall, on his own, satisfy all demands that may be made at any
time for such royalties or fees and he alone shall be liable for any damages or claims for patent or
intellectual property infringements and shall keep ASB indemnified in that regard. The Contractor
shall, at his own cost and expense, defend all suits or proceedings that may be instituted for
alleged infringement of any patent or intellectual property involved in the Works, and in case of
an award of damages, the Contractor shall pay for such award. In the event of any suit or other
proceedings instituted against ASB, the same shall be defended at the cost and expense of the
Contractor who shall also satisfy/comply and decree, order or award made against ASB. Final
payment to the Contractor will not be made, if the same is not already made, while any such suit
or claim remains unsettled.
8. Treasure, trove, fossils etc.

1. All fossils, coins, articles of value or antiquity and structures and other remains or things of
geological or archaeological interest discovered on the site shall be the absolute property of ASB
and the Contractor shall take reasonable precautions to prevent his workmen or any other
person from removing or damaging any such article or thing. Contractor shall, immediately upon
discovery thereof and before removal, acquaint the Project Manager with such discovery and
carry out the Project Manager's directions with respect to the same, without claiming any
additional cost.
9. Measurement of Work
1. For progress/running bill payments or at such intervals as required by ASB, Contractor shall
present detailed measurement sheets in triplicate duly indicating all relevant details based on

technical documents and connected drawings for the work done during the month/ period under
different categories. The basis of arriving at the quantities/ weights shall be the relevant
documents and drawings released by ASB. These measurement sheets shall be prepared jointly
with Project Manager and signed by both the parties.
2. The total quantity of concrete, formwork, reinforcement steel etc of a floor plate area will be
calculated and the Master quantity of each floor shall be prepared by the contractor, reviewed by
PM and the same will be binding for billing purpose. Proportional quantities of formwork, steel
and other items shall be derived based on concrete quantity completed and will be considered
for Running bills. The master quantity of all items shall be accounted based on agreed master
quantity when the total floor is completed
3. Work, which fails to be measured in details, shall be measured physically without reference to
any local custom that may obtain excepting where it may otherwise be directed in the tender
documents. The measurements shall be taken jointly by any person duly authorised on the part
of PM and by the Contractor.
4. The PM shall give reasonable notice in writing to the Contractor of appointment for
measurement.
5. The Contractor shall, without extra charge, provide assistance with appliances and other things
necessary for measurement and shall bear all the cost of measurement of his work.
6. If, as a result of such objection, it becomes necessary to re-measure the work wholly or in part
the expense of such re-measurement shall be borne by the contractor.
7. These measurement sheets will be checked by the Project Manager
8. Measurement shall be taken jointly by persons duly authorised by ASB and Contractor.
9. The Contractor shall bear the expenditure involved, if any, in making the measurements and
Testing of materials to be used/ used in the Work. The Contractor shall, without extra cost to
ASB, provide all the assistance with appliances and other things necessary for measurement.
10. If, at any time due to any reason whatsoever, it becomes necessary to re-measure the Work
done, in full or in part, the expenses towards such re-measurement shall be borne by the
Contractor.
11. Taking measurements, or making payments covered by such measurements does not amount to
acceptance by ASB of the completion of the Work measured or its quality. Any left out work or

additional work required to meet the Tender Specifications has to be completed by the
Contractor, as directed.
12. If the Contractor's representative fails to attend when required, the Engineer shall have power to
proceed by himself to take measurements and in that case these measurements shall be
accepted by the Contractor as final.
13. The Contractor shall, once in every month, submit to the Engineer details of his claims for the
work done by him up to and including the previous month which are not covered by this Contract
Agreement in any of the following respects:
 Deviation from the items and Specifications provided in the Contract documents.
 Extra items/new items of work.
 Quantities in excess of those provided in the Contract Schedule.
 Items in respect of which rates have not been settled.
14. All Works shall be carried out as per approved drawings and shall be measured as actually
executed and paid for at the rates accepted.
10. Method of measurement
1. Method of measurements shall be as per standard specifications included in the Tender

Documents. For other items measurements shall be as per relevant IS Codes.
2. The method of measurement will be as per Indian Standard 1200 unless specific mode of
measurements are not specified in the tender documents.
3. The metric system of measurement shall be used exclusively in the contract.
11. Drawings and documents
1. The detailed drawings, specifications available with ASB will form part of this Tender
Specification. These documents will be made available to the Contractor during execution of
Work at Site. Contractor will also ensure availability of all drawings / documents at work place.
2. ASB shall issue free of charge three (03) sets of Construction drawings, approved for construction,
to the contractor on loan which shall be returned to ASB at site after completion of work.
Contractor has to pay for Additional copies of drawings supplied by the Architect. Contractor shall

ensure safe storage and quick retrieval of these documents.
3. Contractor shall maintain a record of all drawings and documents available with him in a register
as per format given by Project Manager. Contractor shall ensure use of pertinent drawings / data
/ documents and removal of obsolete ones from work place and return to ASB. The Contractor
shall also submit a drawing/ material approval schedule for the works done by the Contractor as
per format given by the Project Manager.
4. The data furnished in various annexure enclosed with this Tender Specification are only
approximate and for guidance. However, the change in the design and in the quantity may occur
as is usual in any such large scale of work.
5. Should any error or ambiguity be discovered in the specification or information, the Contractor
shall forthwith bring the same to the notice of ASB before commencement of work. ASB's
interpretation in such cases shall be final and binding on the Contractor.
6. Deviation from design dimensions should not exceed permissible limit. Contractor shall not
correct or alter any dimension / details, without specific approval of ASB.
12. Discrepancies and adjustment of errors
1. The several documents forming the Contract are to be taken as mutually explanatory of one
another, detailed drawings being followed in preference to small-scale drawings and figures
dimensions in preference to scale and special conditions in preference to general conditions.
2. In case of discrepancies between schedules of quantities, the specification and / or the drawings,
the following order of preference shall be observed.
1. BOQ – Measurements shall be in line with item description and preamble. Item shall be
executed as per relevant Technical Specifications.
2. Drawings
3. Technical Specifications
4. Letter of Acceptance/Work Order/ Agreement
5. Special conditions
6. General conditions of contract, and
7. Tender Notice
3. If there are varying or conflicting provisions made in any one document forming part of the
Contract, the Project Manager shall be the deciding authority as to which will be the prevailing

provision.
4. Any error in description, quantity in schedule of quantities or any omission thereof shall not
vitiate the Contract or release the Contractor from the execution of the whole or any part of the
works comprised therein according to the drawings and specifications or from any of his
obligations under the Contract.
5. If neither drawing nor specification contain any mention of minor details of construction, which in
the opinion of the Project Manager (whose decision shall be final and conclusive) are reasonable
and obviously and fairly intended for satisfactory completion of work, such details shall be
provided by the Contractor without any extra cost as if they were specially mentioned and shall
be deemed to be included in its scope of work.
13. Reports
1. The Contractor shall submit a detailed project schedule in MS project consisting of adequate
number of activities covering various key phases of the works such as design, procurement,
manufacturing, shipment and field erection activities within fifteen (15) days after the date of
Letter of Acceptance/Work Order. This schedule shall also indicate the interface facilities,
drawing, information to be provided by ASB and the dates by which the same are needed.
Contractor shall discuss the project schedule so submitted with ASB and the agreed schedule
which may be in the form as submitted or in revised form in line with the outcome of discussions
and shall form part of the Contract. Project schedule shall be reviewed, updated and submitted to
the Project Manager, once every month thereafter. During the performance of Contract, if, in the
opinion of the Project Manager, proper progress is not maintained, then suitable changes shall be
made in the Contractor's operations to ensure proper progress.
2. Contractor shall also require to submit detailed schedule as per the instruction of PM.
3. Contractor shall ensure achievement of agreed programme and shall also timely arrange
additional resources considered necessary at no extra cost to ASB.
4. The Contractor shall submit a daily report to PM in a format approved by ASB. The report shall
indicate all important daily activities, quantum of various works completed, number of various
category of labour employed, details of various tools/equipment engaged, important events,
problems /constraints, planned v/s achieved on all items, weather conditions etc.
5. Weekly review meetings shall be held at Site and these shall be attended by the Contractor’s
engineer–in–charge. A detailed presentation capturing the planned v/s actual progess,

delays/back logs if any, mitigation plan for catching up, Status of site memos and quality memos,
OHSE report, variation tracker etc. should be presented by the Contractor. The actual progress of
Works during the week vis-a-vis scheduled programme shall be discussed and actions to be taken
for achieving targets shall be discussed during these meetings. Contractor, during discussions,
shall also present the programme for subsequent week. Contractor shall constantly update /
revise his work programme to meet the overall requirement. All quality problems shall be
discussed during above review meetings. Necessary preventive and corrective action shall be
discussed and decided upon in such review meetings and shall be implemented by the Contractor
in time bound manner so as to eliminate the cause of non-conformities.
6. At least once in a month/ when required by ASB, such meetings shall be attended by senior level
officers from the Contractor’s head office.
7. The monthly progress report shall indicate the progress achieved against planned, with reasons
indicating delays, if any, materials report, consumables report as per the format provided by ASB
and shall give the remedial actions which the Contractor intends to take to make good the
slippage or lost time, so that further Works again proceed as per the original programme and the
slippages do not accumulate and effect the overall programme.
8. Contractor shall submit periodical reports in respect of the following aspects of operation:
 Daily Manpower report

 Progress report- daily, weekly and monthly
 Field Material checks carried out - report and trackers
 Field Quality checks carried out -report and trackers
 Field calibration reports and trackers
 HSE reports
 Accident/ unfortunate mishap report
 Material Approvals
 Or any other reports required by ASB/Project manager
PM shall, from time to time, provide formats for these reports and trackers
9. The Contractor, at his cost, has to arrange visual documentation of the Works by taking dated
color photograph of all area of Works in addition to the pre-measurement items time to time.
The same should be kept on record at site for verification by ASB / Project Manager and copies
must be shared with ASB on demand.

14. ASB’s rights

1. ASB shall have the following rights, without any obligation of payment towards the Contractor.
a. In the event of poor progress of Work, whether actual or anticipatory, in

contravention with the agreed terms of the Contract; poor quality of Work in
contravention with the Tender Documents; persistent disregard of instructions of ASB
and/or the Project Manager; assignment, transfer, subletting of the Contracted Work
without written permission of ASB; non-fulfillment of any Contractual obligations;
etc., then ASB shall have the right to suspend or terminate the Contract, or get the
Work done through another agency at the risk and cost of the Contractor and claim /
recover compensation for such losses from the Contractor including without limitation
ASB’s supervision charges and overheads from Security Deposit, other dues or
through claims.
b. Right to withdraw any portion of Work, or to restrict/alter quantum of Work as

indicated in the Contract during the progress of Work and get it done through another
agency in case ASB decides to advance the completion of Work for its own reasons.
c. Right to vary the quantities of items or groups of items to be ordered, as may be

necessary, during the execution of the Contract.
d. Right to hand over the site as a whole or parts based on the availability and contractor
shall have no additional claim on cost and time due to this.
e. Right to terminate the Contract after due notice and forfeit the Security Deposit and
recover the loss sustained in getting the balance work done through other agencies in
addition to liquidated damages/ penalty in the event of:
i. Continued poor progress of the Works

ii. Contractor’s withdrawal from or abandonment of the Work before completion
of the Work in all aspects
iii. Corrupt or fraudulent act(s) of the Contractor
iv. Insolvency of the contractor
v. Persistent disregard of the instructions of ASB
vi. Assignment, transfer, subletting of the Work, in part or in full, without ASB’s
written permission as specified in this Tender Documents, or
vii. Non-fulfillment of any contractual obligations.
f. Right to recover any money due from the Contractor from any money due to the

Contractor under this or any other Contract or from the Security Deposit.
g. Right to claim compensation for losses sustained including ASB's supervision charges
and overheads in case of termination of Contract and to levy penalty for delay in
completion of work.
h. Right to deploy ASB's or third party’s skilled and semi-skilled workmen in case of
emergency / poor progress/ deficiency in skill on the part of the employees of the
Contractor and to recover the expenditure on account of the same from the moneys
due to the Contractor.
i. While every endeavor will be made by ASB for the smooth progress of the Works, ASB
cannot and does not guarantee uninterrupted Work due to conditions beyond its
control. The Contractor will not be entitled to any additional compensation/extra
payment on this account.
j. Right to claim all costs, damages or expenses for which the Contractor is liable. All
such claims shall be billed by ASB to the Contractor regularly as and when they fall
due. Such bills shall be supported by appropriate and certified vouchers or
explanations, to enable the Contractor to properly identify such claims. Such claims
shall be paid by the Contractor within fifteen (15) days of the receipt of the
corresponding bills and if not promptly paid by the Contractor, then ASB may deduct
the amount from any moneys due or becoming due to the Contractor under the
Contract, or may recover by actions of law or otherwise.
15. Responsibilities of Contractor in respect of local laws, employment of workers, etc.

1. Contractor will be responsible for the payment of minimum wages for the workers deployed by
him.
2. Contractor is the employer of all the workers engaged for the Works and should therefore take all
required registrations under applicable statutes and pay contributions and premiums without fail.
ASB shall, at no time, be made liable to bear such payments. Contractor shall indemnify ASB for
all such payments to statutory bodies.
3. Except where otherwise specified, the Contractor shall pay all tolls and other royalties, rent and
other payments or compensation (if any) for getting stone, sand, gravel, clay or other materials
from any source including internal source required for the Works or temporary Works or any such
type. Contractor shall take all required permissions from the appropriate authorities for
Excavation, Carting away materials etc. and shall bear all the expenses for the same. Cost to
include all and necessary royalty and other permission charges required to execute the works.

4. ASB reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to deal
with such amount in terms of the provisions of the statute or in terms of the direction of any
statutory authority and ASB shall only provide certificate towards such deduction and shall not be
responsible for any reason whatsoever. The deduction towards statutory deductions shall be
changed if the government revises the rate. Any tax omitted, to be deducted in any part bill shall
be deducted in the subsequent bills/final bill.
The following are the responsibilities of the Contractor in respect of observance of local laws,
employment of personnel, payment of taxes etc.:
5. Contractor shall diligently complete the Works in accordance with the terms of the Contract.
6. Contractor shall, at all times, be fully responsible for the employees employed by him for the
Works.
7. The Contractor shall comply with all State and Central Laws, Statutory Rules, Regulations, etc.,
such as
 The Payment of Wages Act,

 The Minimum Wages Act,
 The Employee's Compensation Act,
 The Employer's Liability Act,
 The Industrial Disputes Act,
 The Employees' Provident Fund Act, Employees' State Insurance Act,
 The Contract Labour (Regulations and Abolition Act),
 Child Labour (Prohibition and Regulation) Act,
 Head load Workers Act,
 Labour Welfare Fund
 Building and Other Construction Workers (Regulation of Employment and
 Conditions of Service) Act, 1996
 Building and Other Construction Workers Cess Act, 1996
 Employees State Insurance Act, 1948
 Employment of Children Act, 1938
 Equal Remunerations Act, 1976
 Factories Act, 1948
 Industrial Disputes Act, 1947
 Inter-State Migrant Workmen Act
 Maternity Benefit Act, 1961
 Payment of Bonus Act, 1965
 Payment of Gratuity Act, 1972

 Provident Fund for Casual Workers Act, 1997

 Workmen's Compensation Act, 1923
 BOCW, and
 Any other Acts, rules and regulations for labour as may be enacted by the Government during the
tenure of the Contract and having force or jurisdiction at Site.
8. The Contractor shall give to the local Governing Body, Police and other concerned Authorities all
such notices as may be required under law. The Contractor shall comply with all applicable laws
and regulations so as to ensure that the Works are done without violating any applicable laws.
9. Contractor shall, in relation to its employees, ensure that contributions to Provident Fund are
made on time, necessary ESI covers are obtained for its employees and be prompt in payment of
any labour welfare funds payable under any law. Contractor shall produce documents to ASB in
respect of these as desired by ASB from time to time but in any case once in every month.
10. Contractor, in the event of his engaging 20 or more workmen, will obtain independent license
under the Contract Labour (Regulations and Abolition Act) from the concerned authorities.
11. Contractor shall pay all taxes, fees, license charges, deposits, duties, tolls, royalty, commissions,
license charges, deposits, duties, tolls, royalty, commissions, loading-unloading charges or other
charges which may be leviable on account of any of his operations connected with this Contract.
In case ASB is forced to make any such payment, ASB shall recover the same from the Contractor
either from money due to him or otherwise as deemed fit.
12. For any inspections by governmental authorities; ASB will reimburse the actual fees paid to the
government authority as evidenced by the original receipt issued by such government authority
and submitted by the Contractor after inspection of the Work by the government authority
where such inspection is as per the routine requirement of any prevalent laws (but not because
of any violation of laws by the Contractor for which Contractor has to bear the expenses). All
arrangements for such periodical visits of such inspectors to Site including without limitation the
inspection, issuance of certificates, incidental expenses etc. will have to be made by the
Contractor at his cost. The Contractor will also meet all expenses in connection with observed
discrepancies by these Govt. inspectors and for performing any requisite corrections or
qualification tests.
13. Contractor shall be responsible for the provision of health and sanitary arrangements for the
personnel employed by him, more particularly described in the Contract Labour (Regulations and
Abolition Act, 1970) and safety precautions as may be required for safe and satisfactory
execution of the Contract.

14. Contractor shall be responsible for proper accommodation and adequate medical facilities for the
personnel employed by him.
15. Contractor shall be responsible for providing all necessary facilities like residential
accommodation, transport, electricity, water, medical facilities etc. as required under various
labour laws and statutory rules and regulations framed thereunder to the personnel employed by
him. However, it is clarified that ASB shall not provide any space for residential accommodation in
the Site or within the compound owned/controlled by ASB.
16. Contractor shall be responsible for the proper behavior and observance of all rules and
regulations by the staff and personnel employed by him.
17. Contractor shall ensure that no damage is caused to any person or property within the Site or
adjacent to or outside the Site whereby a claim might be raised by such party against ASB. If any
such damage is caused, it shall be the responsibility of the Contractor to make good the losses
and compensate them.
18. It shall not be obligatory on the part of ASB to supply any personnel, material or other things.
19. Without prejudice to any rights ASB may have under the Contract or law; for any delay, in
completion of works or non-achievement of periodical targets due to reasons attributable to the
Contractor, Contractor will have to accomplish the target/catch up delays by either increased
manpower and resources or by working extra hours/ more than one shift at no extra cost to ASB.
20. Contractor will be responsible for payment of wages to his workmen/personnel/staff. A pay-roll
sheet giving details of all payments made to the workmen duly signed by the Contractor's
representative should be furnished to ASB, if the same is demanded by ASB.
21. In case of any class of work for which there is no specification laid down in the Contract, such
work shall be carried out in accordance with the instructions and requirements of the Project
Manager.
22. No levy, payment or charges made or imposed by ASB shall be impeached by reason of any
clerical error or by reason of any mistake in the amount levied, demanded or charged.
23. ASB will not admit or agree to idle labour charges in the event of any stoppage of work resulting
in the Contractor's workmen being rendered idle due to any reason at any time.
24. Contractor shall take due care and caution to protect the Site and the Works till such time the
Works are taken over by ASB.

25. Contractor shall not stop work or abandon the Site for whatsoever reason or dispute, excepting
for Force Majeure conditions. All problems / disputes shall be separately discussed and settled
without affecting the progress of work. Stoppage or abandonment of work, other than under
Force Majeure conditions, shall be treated as breach of Contract and dealt with accordingly.
26. The Contractor shall keep the Site clean and shall remove the debris etc. while executing the
Work. Upon completion of work, Contractor shall remove from the vicinity of work, all scrap,
packing materials, rubbish, unused and other materials and dispose them off outside the Site at
its own costs and responsibility. Contractor shall also demolish all the hutments, sheds, offices,
etc. constructed and used by him and shall clean the debris. In the event of his failure to do so,
the same will be arranged to be done by the Project Manager and the expenses shall be
recovered from the Contractor.
27. The Contractor shall execute the work in the most substantial and workman-like manner in the
stipulated time. In addition to, accuracy of Work, quality in execution of Work shall also be the
essence of this Contract. Contractor shall be responsible to ensure quality and workmanship
conforming to the drawings and/ or as per the instructions of the Project Manager.
28. No land belonging to ASB or provided by ASB shall be used by the Contractor for any purpose
other than for the purpose of execution of the Works, and such land shall not be occupied or
caused to be occupied by the Contractor without the written permission of ASB.
16. Responsibilities of Contractor in respect of safety of men, equipment, material and

environment.
1. All safety rules and codes applicable to a Contractor undertaking a construction, whether or not
specifically provided in this TENDER Documents, shall be observed by the Contractor and his
workmen without exception.
2. Contractor must ensure effective enforcement of the rules and regulations relating to safety
precautions arrangements and will be open to the inspection of concerned authorities.
3. Contractor shall be responsible for the safety within the Site and during the Work to be
performed by him. Contractor shall maintain all lights, fencing guards, signs etc. or other
protections necessary for the purpose. Contractor shall also take such additional precautions as
may be indicated from time to time by the Project Manager, with a view to prevent pilferage,
accidents, fire hazards etc.

4. Suitable number of clerical staff, security, store keepers shall be posted at Site by the Contractor
till the completion of the Work to take care of equipment, materials, and construction tools.
Contractor shall arrange for such safety devices as are necessary for this type of work and carry
out the requisite Site tests of handling equipment, lifting tools, tackles etc. as per the industry
standards and practices.
5. Contractor shall provide to its workforce and ensure the use of the following personal protective
equipment as found necessary in accordance with any safety rules and guidelines prescribed
under any laws and rules or as directed by the authorised ASB officials.
a. Safety Helmets conforming to IS-2925

b. Safety Belts conforming to IS-3521
c. Safety shoes conforming to IS-1989
d. Eye, Ear & Face Protection devices conforming to IS-8520 and IS-8940,IS-5983
e. Hand & body protection devices conforming to IS-2573, IS-6994, IS-8807 & IS-8519.
f. Rubber gloves for electrical purposes confirming to IS-4770
g. Industrial safety gloves (leather & cotton gloves) confirming to IS-6994
h. Industrial and safety rubber knee boots confirming to IS- 5557
8. All tools, tackles, lifting appliances, material handling equipment, scaffolds, cradles, safety nets,
ladders, equipment etc. used by the Contractor shall be of safe design and construction. These
shall be tested and certificate of fitness obtained before putting them to use and from time to
time. Any authorised official of ASB shall have the right to ban the use of any item on reasonable
grounds and failure to comply with such instruction shall be material breach of this Agreement.
9. All electrical equipment, connections and wiring for construction power, its distribution and use
shall conform to the requirements of Indian Electricity Act and Rules and the Kerala State Act and
rules (KSEB & KSEI). Only electricians licensed by the appropriate statutory authority shall be
employed by the Contractor to carry out all types of electrical works. All electrical appliances
including portable electric tools used by Contractor shall have safe plugging system to source of
power and be appropriately earthed.
10. Contractor should provide at Site necessary tarpaulin, protection sheets etc. on concreting days,
for covering during rains (if required) at no extra cost to ASB.
11. Steel Tubular pipe scaffolding only to be used unless the height of concrete works is less than 3mt
from any given point.
12. Plan & Cross Section should be carefully studied by Contractor for better understanding regarding

shuttering, centering and scaffolding requirement before quoting. The Drawing of the shuttering
& centering to be submitted for approval before execution of shuttering and centering work
where multilevel shuttering are required.
13. Sufficient nos. of Builders Hoist shall be erected. A deployment plan shall be submitted with the
Tender.
14. Sufficient no. of flood lights, tube lights etc. are required to be installed at Site with temporary
cabling by following all GOK & GOI safety / statutory procedures.
15. Contractor shall not use any hand lamp energised by electric power with supply voltage of more
than 24 volts. For work in confined spaces, lighting shall be arranged with power source of not
more than 24 volts.
16. Where it becomes necessary to provide and / or store petroleum products, explosives, chemicals
and liquid or gaseous fuel or any other substance that may cause fire or explosion, the Contractor
shall be responsible for carrying out such provision and/or storage in accordance with the rules
and regulations laid down in the relevant Government Acts, such as Petroleum Act, Explosives
Act, petroleum and Carbides of Calcium Manual of the Chief Controller of Explosives,
Government of India etc. Prior approval of the authorised ASB official at the site shall also be
taken by the Contractor in all such matters.
17. Contractor shall arrange at his cost (wherever not specified) appropriate illumination at all work
spots for safe working, when natural daylight may not be adequate for clear visibility.
18. In case of a fatal or disabling injury / accident to any person at construction sites due to lapses by
the Contractor, the victim and / or his / her dependents shall be compensated by the Contractor
as per statutory requirements. However, if considered necessary, ASB shall have the right to
impose appropriate financial penalty on the Contractor and recover the same from payments due
to the Contractor for suitably compensating the victim and / or his / her dependents. Before
imposing any such penalty, ASB shall conduct an appropriate enquiry.
19. In case of any damage to property due to lapses of Contractor, ASB shall have the right to recover
the cost of such damages from the payments due to the Contractor after holding an appropriate
enquiry.
20. In case of any delay in the completion of a job due to mishaps attributable to lapses by the
Contractor, ASB shall have the right to recover cost of such delays from the payments due to the
Contractor, after notifying the Contractor suitably and giving him opportunity to present his case.

21. If the Contractor fails to improve the standards of safety in its operation to the satisfaction of ASB
after being given reasonable opportunity to do so and / or if the Contractor fails to take
appropriate safety precautions or to provide necessary safety devices and equipment or to carry
out instructions regarding safety issued by the authorised ASB official, ASB shall have the right to
take the corrective steps at the risk and cost of the Contractor after giving a notice of not less
than seven days indicating the steps that would be taken by ASB.
22. Contractor shall submit report of all accidents, fires, property damage and dangerous
occurrences to the authorised ASB official immediately after such occurrence, but in any case not
later than 6 hours of the occurrence. The reports of such occurrences shall be furnished in the
manner prescribed by ASB. In addition, periodic reports on safety shall also be submitted by
Contractor to the authorised ASB official from time to time.
23. During the course of construction, alteration or repairs scrap lumbers with protruding nails, sharp
edges etc., and all other debris including combustible scrap shall be kept cleared from working
areas, passageways and stairs in and around site.
24. All of the Contractor's supervisory personnel and sufficient number of workers shall be trained
for firefighting and shall be assigned specific fire protection duties. Enough number of such
trained personnel must be available during the tenure of the Contract.
25. Contractor shall provide enough fire protecting equipment of the types and numbers at his office,
stores, erection site, other temporary structures, labour colony area etc. Access to such fire
protection equipment shall be easy and kept open at all times. Compliance of the above
requirement under fire protection shall in no way relieve the Contractor of any of his
responsibility and liabilities to fire accident occurring. In the event fire safety measures are not to
ASB’s satisfaction, ASB shall have option to provide the same and recover the cost plus
incidentals from Contractor's bills and / or impose penalty as deemed fit by the Project Manager.
26. Before commencing the work, Contractor shall appoint / nominate a responsible officer to
supervise implementation of all safety measures and liaison with his counterpart of Project
Manager.
27. Necessary precautions and arrangements including sprinkling of water during work as acceptable
to ASB for safety and reducing environmental pollution have to be made by the Contractor.
28. No claim for payment on account of compliance with safety standards shall be entertained by
ASB, Contractor’s rates shall be deemed to have taken this into account.
29. Packing, forwarding and shipment

i. While procuring components/equipment’s by the Contractor for the purposes of the

Contract; the Contractor shall at first obtain the written approval of ASB on the
purchase specifications and enquiries, and thereafter shall call for quality plans to be
submitted by the suppliers along with their proposals. The quality plans called for from
the vendors shall set out, during the various stages of manufacture and installation, the
quality practices and procedures followed by the vendor's quality control organisation,
the relevant reference documents/standards used, acceptance level, inspection
documentation raised, etc. Such quality plans of the successful vendor shall be
discussed and finalised in consultation with the Project Manager and shall form a part of
the purchase order/contract between the Contractor and the vendor. Within 3 weeks of
the release of the same purchase order/contracts for such bought out items/
components, a copy of the same without price details but together with detailed
purchase specifications, quality plans and delivery conditions shall be furnished to the
Project Manager by the Contractor.
j. Contractor, wherever applicable, shall after proper painting, pack and crate all
equipment in such a manner as to protect them from deterioration and damage during
rail and road transportation to the site and storage at the site till the time of erection.
The Contractor shall be held responsible for all damages due to improper packing.
k. Contractor shall notify ASB of the date of each shipment.
l. Contractor shall give all shipping information concerning the weight, size and content of
each packing including any other information ASB may require.
m. The following documents shall be sent by registered post to ASB within 3 days from the
date of shipment: Packing list (6 copies) Pre-dispatch clearance certificate, if any (3
copies) Test certificate, wherever applicable (3 copies).
n. Contractor shall prepare detailed packing list of all packages and containers, bundles
and loose material forming each and every consignment dispatched to Site. The
Contractor shall further be responsible for making all necessary arrangements for
loading, unloading and other handling right from his works upto the Site and also till the
equipment is erected, tested and commissioned. He shall be solely responsible for
proper storage and safe custody of all equipment.
o. All demurrage, wharf age and other expenses incurred due to delayed clearance of the
material or any other reason shall be to the account of the Contractor.

31. Besides the provisions with regard to safety in these Tender Documents, Contractor shall note
that explosives shall not be used on the Site by Contractor except with permission in writing of
the Project Manager and in manner and to the extent to which he has prescribed. Where
explosives are used, the same shall be stored in a special magazine to be provided by and at the
cost of the Contractor who shall be liable for all damages, losses and injury to any person or
property and shall be responsible for complying with all statutory obligations in this respect.
32. The Contractor is required to provide proper Safety Net System wherever the hazard of fall from
height is present as per instructions of Project Manager. The safety net shall be duly tested and
shall be of ISI mark and the nets shall be located as per site requirement to arrest or to reduce
the consequences of a possible fall of persons working at different heights.
33. The Contractor will be responsible for Safety, Health & Environment (SHE) management at site
for the construction activities to be carried out by them in accordance with requirements of ASB.
34. Contractor shall arrange for following provisions of SHE
a. Contractor has to maintain contact with local hospital having scanning & other
modern medical facilities required during emergency.
b. Contractor has to ensure pre-employment medical check for all staff and workers.
c. Contractor has to ensure that adequate minimum First Aid facilities are available at
work site for emergency purpose.
17. Contractor's default
1. If the Contractor neglects to execute the Works with the diligence and expedition or refuses or
neglects to comply with any reasonable directions given to him in writing by the Project Manager
in connection with the Works or shall contravene the provisions of the Contract, ASB may give
notice in writing to the Contractor to make good the failure, neglect or contravention complained
of. Should the Contractor fails to comply with the notice within 10 (ten) days from the date of
service thereof, then ASB shall be at liberty to employ other workmen and forthwith execute such
part of the Works as the Contractor may have neglected to do or if ASB shall think fit, it shall be
lawful for him, without prejudice to any other right he may have under the Contract, to take the
Works wholly or in part thereof and in that event ASB shall have free use of all Contractor's
equipment that may have been at the time in the Site in connection with the Works without
being responsible to the Contractor for fair wear and tear thereof and to the exclusion of any
right of the Contractor over the same, and ASB shall be entitled to retain and apply any balance

which may otherwise be due on the Contract by it to the Contractor, or such part thereof as may
be necessary, the payment of the cost of executing the said part of the Works or of completing
the works as the case may be. If the cost of completing the Works or executing a part thereof as
aforesaid shall exceed the balance due to the Contractor, the Contractor shall pay such excess.
Such payment of excess amount shall be independent of the Liquidated Damages for delay which
the Contractor shall have to pay if the completion of Works is delayed for reasons specified in this
Clause.
2. If the Contractor fails to complete the Work and the Contract is suspended, rescinded or
terminated, the amount due to him on account of Work executed by him, if payable, shall be paid
to him only after due recoveries as per the provisions of the Contract and that too after complete
execution of the Work has been done.
18. Delays by ASB
(1) In case the Contractor's performance is delayed due to any act of omission on the part of ASB
or its authorized agents, then the Contractor shall be given due extension of time for the
completion of the Works, to the extent such omission on the part of ASB has caused delay in
the Contractor's performance of Work. Regarding reasonableness or otherwise of the
extension of time, the decision of the Project Manager shall be final.
(2) In addition, the Contractor shall be entitled to claim demonstrable, reasonable and mutually
agreed compensation if such delays have resulted in any increase in the cost of Work,
provided however that Contract shall have taken adequate and demonstrable steps to reduce
any such costs.
(3) Any delay in finalisation of mutual agreement in regard to any of the Contractor's claim/
compensation against any act of omission on the part of ASB or its authorised agents should
not result in any work stoppage/ further delay on the part of the Contractor.
19. Termination, suspension, cancellation and foreclosure of Contract
1. ASB shall, in addition to other remedial steps to be taken as provided in the conditions of
Contract, be entitled to terminate the Contract in full or in part, if the Contractor:
a. Is facing a Force Majeure condition as specified in this Contract;
b. Provides or attempts to provide grafts or commission to any person associated with

ASB.
c. makes default in proceeding with the Works with due diligence and continues to do so
even after a notice in writing from the Project Manager, then on the expiry of the period
as specified in the notice;
d. commits default/breach in complying with any of the terms and conditions of the
Contract and does not remedy it or fails to take effective steps for the remedy to the
satisfaction of the Project Manager, then on the expiry of the period as may be specified
by the Project Manager in a notice in writing;
e. fails to complete the Work or items of Work with individual dates of completion, on or
before the date/dates of completion or as extended by ASB, then on the expiry of the
period as may be specified by the Project Manager in a notice in writing;
f. offers or give or agree to give any person in the service of ASB or to any other person on
his behalf any gift or consideration of any kind as an inducement or reward for act/acts
of favour in relation to the obtaining or execution of this or any other contract for ASB;
g. tries to obtain a contract with ASB by way of ring tendering or other non-bonafide
methods of competitive tendering; or
h. Transfers, sublets, assigns the Work, in full or in part, without the prior written approval
from ASB or the Project Manager. The Project Manager, in such event, may by giving a
written notice, cancel the Contract in whole or that which was thus assigned/sub-
contracted.
2. The Contract shall stand terminated under the following circumstances unless ASB is satisfied
that the legal representatives of the individual Contractor or of the proprietor of the proprietary
concern and in the case of partnership the surviving partners, are capable of carrying out and
completing the Contract and ASB shall in any way not be liable to payment of any compensation
to the estate of deceased Contractor and/or to the surviving partners of the Contractor's firm on
account of the termination of the Contract.
i. If the Contractor being an individual in the case of proprietary concern or in the case of
a partnership firm any of its partners is declared insolvent under the provisions of
insolvency act for the time being in force, or makes any conveyance or assignment of his
effects or composition or arrangement for the benefit of his creditors amounting to
proceedings for liquidation or composition under any insolvency act.

j. In the case of the Contractor being a company, its affairs are under liquidation either by
a resolution passed by the company or by an order of court, not being a voluntary
liquidation proceedings for the purpose of amalgamation or re-organisation, or a
receiver or manager is appointed by the court on the application by the debenture
holders of the company, if any.
k. If the Contractor shall suffer an execution being levied on his/their goods, estates and
allow it to be continued for a period of 21 days.
l. On the death of the Contractor, in the case of a proprietary concern or of any of the
partners in the case of a partnership concern and ASB is not satisfied that the legal
representative of the deceased proprietor or the other surviving partners of the
partnership concern are capable of carrying out and completing the Contract. The
decision of ASB in this respect shall be final and binding which is to be intimated in
writing to the legal representative or to the partnership concern.
m. ASB’s decision to cancel the Contract under any of the above circumstance specified in
this sub-clause 4 shall be without being in any way liable to payment of any
compensation to the estate of deceased Contractor and/or to the surviving partners of
the Contractor's firm on account of the cancellation of the Contract. The decision of
ASB that the legal representatives of the deceased contractor or surviving partners of
the Contractor's firm cannot carry out and complete the Contract shall be final and
binding on the parties.
3. ASB shall, in case of any or all of the above events, give fifteen (15) days written notice to the
Contractor of ASB’s decision to terminate the Contract.
4. The Contractor, upon receipt of such notice, shall discontinue the Work on the date and to the
extent specified in the notice, make all reasonable efforts to obtain cancellation of all orders and
contracts to the extent they are related to the Work terminated, stop all further sub-contracting
or purchasing activity related to the Work terminated, and assist ASB in maintenance, protection,
and disposition of the Works acquired under the Contract by ASB.
5. Whenever ASB exercises its authority to terminate or suspend the Contract / withdraw a portion
of Work due to Contractor’s reasons, ASB may get such Work (or part thereof) by any other
means at the Contractor's costs and risk, provided that in the event of the cost of completion (as
certified by the Project Manager which shall be final and binding on the Contractor) being less
than the Contract Price, the advantage shall accrue to ASB. If the cost of completion exceeds the
money due to the Contractor under the Contract, then the Contractor shall either pay the excess
amount demanded by ASB or ASB shall recover the same from the Contractor. This will be in

addition to all other remedies available to ASB under law and equity.
6. In the event of termination or suspension of the Contract, on account of default on the part of
the Contractor, as narrated hereinbefore, the Security Deposit and other dues of the Work or for
any other work done by Contractor shall be forfeited and brought under the absolute disposal of
ASB.
7. On termination of the contract, the Project Manager shall have the powers to:
n. take possession of the Site and any materials, constructional plant, implements, stores,
etc. thereon.
o. carry out the incomplete Work by any means at the risk of the Contractor.
p. determine the amount to be recovered from the Contractor for completing the
remaining Work or in the event the remaining Work is not to be completed, then the
loss/damage suffered by ASB.
q. recover the amount determined as above, if any, from any moneys due to the
Contractor or any account or under any other contract and in the event of any shortfall,
the Contractor shall be called upon to pay the same on demand.
8. Suspension of work: ASB shall have the rights to suspend the Work or any part thereof, at any
time, in its discretion. For this purpose, the Project Manager shall direct the Contractor in writing
to suspend the Work, for such period and in such manner as may be specified therein. In the
event of suspension for reason other than any default on the part of the Contractor, extension of
time shall be allowed by ASB equal to the period of such suspension. However, if suspension is for
a longer duration as informed by ASB, then it shall be the Contractor’s sole responsibility to avoid
incurring any such additional costs and expenses.
9. Foreclosure of Contract in full or in part: If at any time after acceptance of the Tender, ASB
decides to abandon or reduce the scope of the work for any reason whatsoever, then ASB
through the Project Manager, shall give written notice to that effect to the Contractor. In the
event of abandonment/reduction in the scope of work, ASB shall only be liable to:
o pay the Contractor the amount for Works executed and measured at Site upto the
date of such abandonment/reduction in the work.
o pay reasonable amount assessed and certified by the Project Manager of the

expenditure incurred, if any, by the Contractor on preliminary Works at Site. e.g.

temporary access roads, Site office, storage of materials, water storage tanks etc.
o pay for the materials brought to Site or to be delivered at Site in accordance with the
terms herein, which the Contractor is legally liable to pay, for the purpose of
consumption in Works carried out or were to be carried out but for the foreclosure,
including the cost of purchase and transportation and cost of delivery of such
materials. The materials to be taken over by ASB should be in good condition and ASB
may allow, at its discretion, the Contractor to retain the materials in full or part if so
desired by him (but without ASB making payment towards such retained material) and
to be transported by the Contractor from Site to his place.
o take back the materials issued by ASB but remaining unused, if any, in the Work on
the date of abandonment/reduction in the Work, at the original issued price less
allowance for any deterioration or damage caused while in custody of the Contractor.
10. The Contractor shall, if required by the Project Manager, furnish to him books of accounts,
papers, relevant documents as may be necessary to enable the Project Manager to assess the
amount payable in terms of above. Contractor shall not have any claim for compensation
whatsoever either for abandonment or for reduction in the scope of work, other than those as
specified above.
11. The Work shall, throughout the stipulated period of Contract, be carried out with due diligence
on the part of the Contractor
20. Insurance
1. The Contractor shall arrange, secure and maintain insurance covers for such amounts as may be
necessary to protect his interests and the interests of ASB, against all risks as detailed herein in
the joint names of ASB and the Contractor with the condition that payments against all claims
shall be payable by insurers to ASB.
2. All premiums and other charges of the said insurance policies shall be paid by the Contractor. The
form and the limit of such insurance, as defined herein together with the underwriter thereof in
each case shall be acceptable to ASB. However, irrespective of such acceptance, the responsibility
to maintain adequate insurance cover on comprehensive all risks basis at all time during the
period of Contract shall be that of the Contractor alone.
3. The Contractor shall provide ASB with a copy of all insurance policies and documents taken out
by him in pursuance of the Contract. Such copies of document shall be submitted to ASB

immediately after such insurance coverage. The Contractor shall also inform ASB in writing at
least sixty (60) days in advance, regarding the expiry, cancellation and/or change in any of such
documents and ensure revalidation/renewal, etc. as may be necessary well in time.
4. Notwithstanding anything above;
a. the Contractor shall effect “contractors all risk insurance policy” (CAR policy) in the
joint names of ASB and the Contractor, the name of the former being placed first in
the policy covering the following and will be the beneficiary of the CAR policy:
i. The Works at the Contract Price together with the materials for incorporation
in the Works at their replacement value.
ii. All plants and equipment and other things brought to the Site by the
Contractor at their replacement value.
iii. The insurance shall be against all losses or damages from whatever causes,
other than excepted risks, for which the Contractor is responsible under the
Contract. The insurance cover shall be for the period of the Contract and also
for the Guarantee Period, for loss or damage arising from a cause prior to
commencement of the period of maintenance, and for any loss or damage,
occasioned by the Contractor in the course of any operations carried out for
the purpose of complying with his obligations under terms & contract.
iv. The assured amount of the CAR policy shall be an amount calculated in the
following manner: Contract value + value of ASB’s supplied Material (if
applicable) +15% valid up to defect liability period. 10 % professional charges
to be included on the figure stated before.
b. Third Party cover:

i. Before commencing the execution of the Works, the contractor shall insure
against liability for any loss or damage which may occur to any physical
property (except things insured CAR policy) or death or bodily injury which
may occur to any person (except persons insured under workmen
compensation policy), which may arise out of the Contractor‟s performance
of the Contract and occurring before the issue of the Performance Certificate.
The sum insured will be mutually agreed but, in any event, shall not be less
than what is provided below.
ii. Such insurance shall be affected with an insurer and in terms approved by ASB
and for at least the amount stated hereinbelow. The Contractor shall,
whenever required, produce before the Project Manager, the policy or

policies of insurance and the receipts of payment of the current premiums.
iii. The assured amount for such third-party cover shall be Rs 25,00,000 per
occurrence, with the number of occurrence unlimited. The aggregate limit will
be Rs.1,00,00,000 which shall be automatically reinstated to Rs.1,00,00,000
after each such occurrence.
c. Workmen's Insurance (workmen compensation policy)
i. The Contractor shall effect and maintain insurance against liability for claims,
damages, losses and expenses (including legal fees and expenses) arising from
injury, sickness, disease or death of any person employed by the Contractor
including all the Contractor’s Personnel.
ii. ASB shall not be liable for any payment in respect of any damages or
compensation payable according to law in respect or in consequence of any
accident or injury or loss of life to any workman or other person in the
employment of the Contractor or any sub-contractor,
iii. Without prejudice to the other rights of ASB against the Contractor in respect
of such default, ASB shall be entitled to deduct from any sums payable to the
Contractor the amount of any damages, compensation costs, charges and
other expenses paid by ASB and which are payable by the Contractor under
this clause.
5. In addition, and without prejudice to the above specific covers, the Contractor shall procure
appropriate insurance covers to the cover the following risks:
d. loss or damage to cement, steel, all other material, equipment, plants etc. in transit,
theft, pilferage, riot, civil commotion, weather conditions, accidents of all kinds, fire, etc.
e. Loss or damage to property covering accident risk policy and third party losses.
f. Loss or damage from theft, pilferages, loss etc. in the Site.
g. Accident risk policy covering third party claims for property and life.
h. Employees Compensation policy.

i. Loss or damage to property and material caused by natural disasters such as

earthquakes, floods and other calamities.
6. All insurance claims, payable by the insurers, shall be paid to ASB which shall be released by ASB
to the Contractor in installments as may be certified by the Project Manager for the purpose of
rebuilding or replacement or repair of the Works and/or goods destroyed or damaged for which
payment was received from the insurers. The insurance covers shall be properly endorsed to this
effect.
7. Notwithstanding anything in this Contract, procuring insurance covers by the Contractor shall not
absolve him of any liability arising under this Contract.
8. Without prejudice to his liability under this clause the Contractor shall also cause all approved
Sub-Contractors to effect, for their respective portions of the Works, similar policies of insurance
in accordance with the provisions of this clause and shall produce or cause to produce to ASB
such policies.
9. If the Contractor failed to comply with the terms of this Clause, ASB may procure the insurance
and deduct the expenses from any money that may be or become payable to the Contractor.
21. Liability for accidents and damages
1. The Contractor shall be responsible for loss or damage to the Works until the Works are taken
over by ASB as specified in these Tender Documents. Procurement of insurance covers shall not
absolve the Contractor from this liability.
22. Limitations of liabilities
(1) Notwithstanding any contrary term elsewhere in the Tender Documents:
a. ASB shall not be liable for any indirect or consequential loss, damage, cost or expense of
any kind whatever and however caused, whether arising under statute, contract, tort
(including negligence) or otherwise including (without limitation) loss of production, loss
of profits or of contracts, loss of operation time and loss of goodwill or anticipated
savings, even if ASB has been advised of the possibility of such loss, damages, costs or
attorney fees and court costs, arising from or in connection with this Contract.
b. ASB’s total liability (whether in contract, tort, including negligence, or otherwise) towards

the Contractor under or in connection with this Contract shall not exceed the amount
equivalent to the unpaid amount towards the Works satisfactorily done by the Contractor
in accordance with the terms of this Contract as on the date when such liability arises
under this Agreement.
23. Strikes and lock-outs
1. Contractor will be solely responsible for all disputes and other issues connected with his
workmen. In the event of Contractor's workmen resorting to strike or the Contractor resorting to
lock-out and if the strike or lock-out so declared is not settled within a period of one week, ASB
shall have the right to get the Work executed by employing its own men or through other
agencies or both. The cost incurred by ASB in this regard shall be recovered from the Contractor.
2. The employees/personnel/staff of the Contractor shall not, at any time, be deemed to be in the
employment of ASB.
24. Force Majeure
1. Force majeure is herein defined as any cause which is beyond the control of the Contractor or
ASB, as the case may be, which they could not foresee or with a reasonable amount of diligence
could not have foreseen and which substantially affect the performance of the contract, such as
Acts of God, Act of any Government, war, sabotage, riots, civil commotion, revolution, flood, fire,
cyclone, earthquake, epidemic and other similar causes which is not induced by the Contractor
and upon which the Contractor has no control.
2. If the Contractor suffers delay in the due execution of the Contract due to delays caused by Force
Majeure conditions, as defined above, then he shall advise ASB, in the event of him resorting to
this clause, by a registered letter the beginning and end of the delay under this Clause, within five
days of the occurrence and cessation of such Force Majeure condition. In the event the Force
Majeure condition is lasting for over one month, then ASB shall have the right to terminate the
Contract at its discretion.
3. For delays arising out of Force Majeure, the Contractor will not claim extension in completion
date for a period exceeding the period of delay attributable to the causes of Force Majeure and
ASB shall not be liable to pay extra costs (like increase in rates, re-mobilisation advance, idle
charges for labour and machinery etc.).
4. If any Force Majeure condition exists at the time of submission of Bid, the Bidder will
categorically specify the same in his Bid and state whether they have been taken into
consideration in their quotations.

5. The Contractor or ASB shall not be liable for delays in performing their obligations resulting from
any Force Majeure cause as referred to and/or defined above. The date of completion will,
subject to hereinafter provided, be extended by a reasonable time even though such cause may
occur after Contractor's performance of his obligations has been delayed for other causes.
25. Extension of date of completion
1. On happening of any events causing delay as stated hereinafter, the Contractor shall intimate
immediately in writing the Project Manager:
a. due to any reasons defined as Force Majeure (however this shall not affect ASB’s other
rights),
b. delay on the part of the contractors (if any) engaged by ASB not forming part of the
Contract, holding up further progress of the work,
c. non-availability of working drawings/work programme in time, which are to be made
available by ASB during progress of the work even after the requirement is given by
contractor in advance, or
d. any other causes which, at the sole discretion of ASB is beyond the control of the
Contractor.
2. The Contractor may request ASB in writing for extension of time within 5 days of happening of
such event causing delay stating also, if practicable, the period for which extension is desired. ASB
may, considering the eligibility of the request, give a fair and reasonable extension of time for
completion of the Work. Such extension shall be communicated to the Contractor in writing by
ASB through the Project Manager within 5 days of the date of receipt of such request. The
Contractor shall however use his best efforts to prevent or make good the delay by putting his
endeavors constantly as may be reasonably required of him to the satisfaction of the Project
Manager.
3. Granting of time extension as specified in this Clause shall not entitle the Contractor to claim any
damages or cost escalation due to any reasons whatsoever.
4. It is understood that that monsoon and other normal weather conditions and the harthals/bandh
cannot be accepted as reasons for delay in completion.
26. No waiver of rights
1. Neither the inspection by ASB or the Project Manager or any of their officials, employees or
agents, nor any order by ASB or the Project Manager for payment of money or any payment for,

nor acceptance of, the whole or any part of the Works by ASB or the Project Manager, nor any
extension of time, nor any possession taken by the Project Manager shall operate as a waiver of
any provision of the Contract, or of any power herein reserved to ASB, or any right to damages
herein provided.
2. The failure of ASB to enforce at any time of the provisions of this Contract or any rights in respect
thereto or to exercise any option herein provided, shall in no way be construed to be a waiver of
such provisions, rights or options or in any way to affect the validity of the Contract. The exercise
by ASB of any of its rights herein shall not preclude or prejudice it from exercising the same or
any other right it may have hereunder.
3. No interim payment certificate of the Project Manager, nor any sum paid by ASB, nor any
extension of time for execution of the Works granted by ASB or the Project Manager shall affect
the rights of ASB against the Contractor or relieve the Contractor of his obligations for the due
performance of the Contract, or be interpreted as approval of the Works done.
4. No certificate shall: create liability for ASB to pay for alterations, amendments, variations or
additional works which are not ordered in writing by the Project Manager; or discharge the
liability of the Contractor for the payment of damages whether due, ascertained; or discharge the
liability of the Contractor from any sum for which he is bound to indemnify ASB.
27. Grafts and commissions
1. Any graft, commission, gift or advantage given, promised or offered by or on behalf of the
Contractor or his partner, agent, officers, director, employee or servant or any one of his or their
behalf in relation to the obtaining or to the execution of the Contract, shall, in addition to any
criminal liability which it may incur, subject the Contractor to the cancellation/termination of this
and all other contracts and also to payment of any loss or damage to ASB resulting from any
cancellation/termination. ASB shall then be entitled to deduct the amount so payable by the
Contractor from any moneys otherwise due to the Contractor under the Contract.
28. Prohibition on publicity
1. The Contractor shall not communicate or use in advertising, publicity, sales releases or in any
other medium photographs or other reproduction of the Works under this Contract, or
descriptions of the Site, dimensions, quantity, quality or other information, concerning the
Works unless prior written permission has been obtained from ASB.
29. Completion of Work
1. The Works shall be deemed to be completed if: the works are completed to the satisfaction of

the Project Manager in accordance with the completion schedule as specified in the Contract and
upon obtaining completion certificates as specified in the Special Conditions of Contract, all
unused stores and materials, tools, plant, equipment, temporary buildings, Site office and other
things shall be removed at the Site and the Site shall be cleared of rubbish and all waste materials
and delivered up clean and tidy to the satisfaction of the Project Manager at the Contractor's
expenses.
2. ASB shall have power to take over from the Contractor from time to time such sections of the
work as have been completed to the satisfaction of ASB. Such work however shall not be treated
as have been completed until the extra works are executed to the satisfaction of ASB. The
Guarantee period shall commence only after taking over of the entire Work.
3. The Project Manager shall certify to the Contractor the date on which the Work is completed and
the date thereof.
4. No construction plant, temporary works or materials or any part thereof shall be removed from
the site without the written consent of the Engineer in charge.
5. All Works shall be taken over by ASB in part or in full when it has been completed in all respects
and /or can be put to use satisfactorily. The complete Works under the Contract shall be taken
over only after completion of all punch points, pending work, re-work (wherever required), Site
clearing and reconciliation of materials.
6. The Site should be cleared and cleaned after the completion of the Work to the satisfaction of
ASB. The terms for clearance of Site are specified in detail, in the General Conditions of Contract.
7. Contractor agrees that before the final payment is made, he will sign and deliver to ASB either in
the measurement book or otherwise, as demanded, a valid release discharge from any and all
claims and demands whatsoever for all matters arising out or connected with the Contract
provided that nothing in this Clause shall discharge or release the Contractor from his liabilities
under the Contract. It is further expressly agreed that ASB on supplying the final measurements
Certificates need not be bound by the preceding measurements and payments. The final
measurements if any, of ASB shall be final conclusive and binding on the Contractor.
8. After the satisfactory completion of above Client/PM shall issue taking over certificate to the
contractor. Defect liability period shall start from the date of taking over certificate
30. Completion of Contract
1. Performance of the Contractor’s obligations shall not be considered to have been completed until
the PM or the Client has issued the Performance Certificate to the Contractor, stating the date on
which the Contractor completed its obligations under the Contract.

2. The PM or the Client shall issue the Performance Certificate within 28 days after the latest of the
expiry dates of the Defects Liability Periods, or as soon thereafter as the Contractor has supplied
all the Contractor’s Documents and completed and tested all the Works and has remedied all
defects.
3. Only the Performance Certificate shall be deemed to constitute acceptance of the Works by the
Client.
31. Deviation
1. The Contractor shall not make any alteration in, addition to or omission from the work as
described in the Tender Documents except in pursuance of the written instructions of the Project
Manager. No such deviation from the work described in the Tender Documents shall be valid
unless the same has been specifically confirmed and accepted by the Project Manager in writing
and incorporated in the Contract.
2. The Project Manager may deviate, either by way of addition or deduction, from the work so
described, provided that the Contract sum be not thereby varied on the whole by more than the
percentage set out in the Tender Documents. The value of all additions and deductions shall be
added to or deducted from the Contract Value. Whenever the Project Manager intends to
exercise such a right, his intentions shall specify the deviations which are to be made, the lump
sum assessment or the proposed basis of payment, the extra time allowed, if any, and the date
for completion of the entire Contract. Any objection by the Contractor to any matter concerning
the order shall be notified by him in writing to the Project Manager within seven days from the
date of such order, but under no circumstances shall the work be stopped (unless so ordered by
the Project Manager) owing to differences or controversy that may arise from such an objection.
In the absence of such a notification of objection by the Contractor, he will be deemed to have
accepted the order and the conditions stated therein.
3. The Contractor shall carry out such Variation and be bound by the same conditions as far as
applicable as though the said Variation occurred in the Contract. If any suggested Variation
would, in the opinion of the Contractor, if carried out, reasonably prevent him from fulfilling any
of his obligations or guarantees under the Contract, then the Contractor shall notify the Project
Manager thereof in writing and the Project Manager shall decide as to whether or not the same
has to be carried out and if the Project Manager confirms his instructions, Contractor's
obligations and guarantees shall be modified to such an extent as may be mutually agreed. Any
agreed difference in cost occasioned by any such Variation shall be added to or deducted from
the Contract Price as the case may be. This clause shall be without prejudice to ASB’s other rights
under this Contract.

32. Valuation of deviations
1. The quantities provided for in the schedule may vary and the Contractor should be prepared to
do any excess over the Schedule Quantities at quoted rate.
2. Rates for deviated items or new items of work shall be as follows:
a. If the rates for the additional, altered or substituted work are specified in the Contract
for the Work, the Contractor is bound to carry out the additional, altered or substituted
work at the same rates as are specified in the Contract for the work.
b. If the rates for the additional, altered or substituted work are not specifically provided in
the Contract for the work, the rates will be derived from the rates for a similar class of
work as are specified in the Contract for the Work. For this contractor has to provide the
detailed break up of rates considered in the contract.
c. If the rates for the altered, additional or substituted work cannot be determined in the
manner specified in above clauses the rate for such part or parts will be determined by
the Project Manager on the basis of prevailing market rates when the work was done
and the decision given in this behalf shall be final and binding on the Contractor. Rate
analysis will be worked on CPWD manual of rate analysis as guidance.
d. If the rates for the altered, additional or substituted work cannot be determined in the
manner specified in above clauses, then the Contractor shall within 7 days of the date of
receipt of order to carry out the work inform the Project Manager of the rate at which it
is his intention or charge for such class of work, supported by analysis of the rate or
rates claimed, and the Project Manager shall determine the rate or rates on the basis of
prevailing market rates and pay the Contractor accordingly. However, the Project
Manager, by notice in writing, will be at liberty to cancel his order to carry out such class
of work and arrange to carry it out in such manner, as he may consider advisable. But
under no circumstance the Contractor shall refuse to commence or suspend the work
on the plea of non-settlement of rates falling under the clause or claim any
compensation on that account. Elements of profit, overheads, supervision and
establishment charges, depreciation and maintenance will be taken as 15% over direct
cost.
33. Replacement of defective parts and materials
1. If, during the progress of the Works, the Project Manager finds that any Works or part of the
Works is defective, deficient or not up to the quality specified, then the Project Manager shall

inform the Contractor about the same in writing. The Contractor shall at his own expense, within
seven (7) days of his receiving the notice or within such time as may be reasonably necessary for
making it good, proceed to alter, re-construct or remove such Work and furnish fresh equipment
upto the standards of the specifications. In case the Contractor fails to do so, the Project
Manager may, upon on giving seven (7) days' written notice of his intentions to do so, proceed to
remove the portion of the Works so complained of and, at the cost of the Contractor, perform all
such Work or furnish all such equipment provided that nothing in this clause shall be deemed to
deprive ASB of or affect any rights under the Contract which ASB may otherwise have in respect
of such defects and deficiencies.
2. No Works will be paid for, unless found satisfactory and carried out strictly in accordance with
the Technical Specifications and certified by the Project Manager to such effect. Should, through
inadvertence, bad work be certified, the Project Manager is rightful to strike the same out of the
account and recover the value at any time prior to or at the time of granting the final certificate
by deduction from the final payment or otherwise.
3. Any Works executed not according to Technical Specifications or with imperfect or unskilled
workmanship shall be removed or reconstructed by the Contractor at his cost on receipt of
instructions in writing from the Project Manager. Should the Contractor fail to take action within
7 days of receipt of such notice, the Project Manager shall be entitled to remove or reconstruct
such Works at the risk and cost of the Contractor, and ASB shall recover the amount on account
of such Works from any amount of money due to the Contractor/security deposit.
4. Should the Project Manger consider that the Works although not executed in strict accordance
with the Technical Specifications but may be allowed to stand, he may at his discretion certify
payment against such Works at such reduced rates as he may consider reasonable. Examination
of any covered Works, may on occasion, be required by the Project Manager and such Works
shall be uncovered by the Contractor.
34. Protection of embedments, bolts etc.
(1) Contractor shall ensure proper protection to the satisfaction of the Project Manager, of all
bolts, inserts, embedments etc. from weather and other things which might affect, by
greasing, rapping them with gunny bags or canvas or by any other means as directed by
Project Manager. Cost of such protections shall be deemed to be included in the rates quoted
for the item. Apply anti corrosive epoxy primer and paints on exposed steel structures.
35. Protection of Works
1. Trees designated by the Project Manager shall be protected from damage during the course of
the Works and earth level. Where necessary, such trees shall be protected properly.

2. Contractor shall provide and maintain at his own expense all lights, guards, fencing and watching
when and where necessary or required by the Project Manager for the protection of the Works or
for the safety and convenience of those employed on the Works or the public.
3. Contractor shall have total responsibility for protecting the Works till it is finally taken over by
ASB by way of written acceptance. No claim will be entertained by the Project Manager for any
damage or loss to the Contractor's works and the Contractor shall be responsible for the
complete restoration of the damaged works to its original condition to comply with the
specifications and drawings. Should any such damage to the Works occur because of a third party
not under his supervision or control, the Contractor shall make his claim directly with such party
concerned. Contractor shall not cause any delay in the repair of such damaged works because of
any delay in the resolution of such disputes. Contractor shall proceed to repair the Works
immediately and no cause thereof will be assigned pending resolution of such disputes.
4. Contractor shall be fully responsible for the security of his workmen/ employees/ associates/all
kinds of materials deployed by the contractor / tools and plants. Contractor shall also be
responsible for the security of all the executed works, under execution works and completed
works till the period it is fully taken over by ASB.
36. Uncovering and making good
1. The Contractor shall uncover any part of the Works and/or make openings in or through the same
as the Project Manager may from time to time direct for his verification and shall reinstate and
make good such part to the satisfaction of the Project Manager. If any such part has been
covered up or put out of view after being approved by the Project Manager and is subsequently
found on uncovering to be executed in accordance with the Contract, the expenses of uncovering
and / or making opening in or through, reinstating and making good the same shall be borne by
ASB. In any other case all such expenses shall be borne by the Contractor.
37. Defence of suits
1. If any action in court is brought against ASB (including its directors, officers and employees) or
the Project Manager for the failure or neglect on the part of the Contractor to perform any acts,
matters, covenants or things under the Contract, or for damage or injury caused by the alleged
omission or negligence on the part of the Contractor, his agents, representatives or his sub-
contractors, workmen, suppliers or employees, then the Contractor shall, in all such cases,
indemnify and keep ASB and the Project Manager harmless from all losses, damages, expenses or
decrees arising of such action.

38. Settlement of disputes
1. It is incumbent upon the Contractor to avoid litigation and disputes during the course of
execution of Works. However, if such disputes take place between the Contractor and ASB, effort
shall be made first to settle the disputes at the respective company’s level.
2. The Contractor should make a request in writing to the Project Manager for settlement of such
disputes/ claims within 30 (thirty) days of such dispute/ claim failing which no disputes/ claims of
the Contractor shall be entertained by ASB. The Parties shall then endeavor to settle the dispute
through mutual discussions. However, on failure of discussions between the parties, the disputes
shall be settled in the manner specified in Clause 29.
39. Governing laws, jurisdiction, notice and arbitration
1. Matter relating to any dispute or difference arising out of this Tender Documents and the
subsequent Contract awarded based on the Tender shall be subject to the jurisdiction of courts in
Trivandrum only. The laws applicable for all disputes and differences shall be the laws in force in
India.
2. All disputes and differences between the parties to the Contract arising out of or in relation to
the Contract, other than those for which the decision of the Project Manager or any other person
is by the Contract expressed to be final and conclusive, shall after written notice by either party
to the Contract to the other party, be referred to arbitration and the arbitrator shall be an
independent party nominated by ASB. The arbitration shall be conducted in accordance with the
provisions of the Arbitration and Conciliation Act, 1996. Execution of Works under the Contract is
to be continued during the arbitration proceedings. The venue of the arbitration shall be
Thiruvananthapuram and language of arbitration shall be English.

PART – C: TERMS AND CONDITIONS FOR CIVIL -STRUCTURAL AND FINISHES

WORKS
1. Site office / Supervision
(1) The Contractor shall establish an office at Site and keep posted an authorised, responsible
officer approved by the Project Manager for the purpose of the Contract. Any order or
instructions of the Project Manager or his duly authorised representative, communicated to
the Contractor's representative at Site office will be deemed to have been communicated to
the Contractor at his legal address.
(2) Prior approval to be taken from the client/ PM for the appointment for the Project manager,
Safety and quality in charge for the project.
(3) If the Contractor fails to appoint a suitable engineer /agent as aforesaid, the Project Manger
shall have full powers to suspend the execution of Work and stop payment of any money that
may have become due until such date as a suitable engineer/agent is appointed and the
Contractor shall be held responsible for the delay caused to the work and no extension of time
on this account shall be given to him.
(4) Instruction given to the Contractor's engineer shall be deemed to have the same force as if
they had been given to the Contractor himself.
(5) The Contractor or his agent shall be in attendance at the Site during all working hours and
shall supervise the execution of Work with such additional assistance in each grade as the
Project Manager may consider necessary.
(6) The Contractor or his agent shall attend, when required and without making any claim for
doing so, either the office of the Project Manager or the Site to receive instructions from ASB.
(7) The Project Manager shall have full powers to instruct the Contractor to arrange for
immediate termination of services, in connection with this contract, of any agent, servant or
employee of the Contractor whose continued employment is, in his opinion, undesirable,
without assigning any reason.
2. Supervisory staff and workmen
(1) Contractor shall deploy all the experienced skilled, semi-skilled and unskilled workmen
required for all the works under the Contract. ASB reserves the right to decide on the

suitability of the workers and other personnel who will be deployed by the Contractor. ASB
reserves the right to insist on removal of any employee of the Contractor at any time if ASB
finds him/her unsuitable and the Contractor shall forthwith remove him/her.
(2) The supervisory staff including qualified engineers deployed by the Contractor shall ensure
proper out-turn of work and discipline on the part of the labour put on the job by the
Contractor and in general see that the Works are carried out in a safe and proper manner.
(3) The Work shall be executed under the prevalent conditions at the Site which may include rain,
insufficient space, improper approach roads etc. The Contractor and his personnel shall
proceed with their works in a manner that shall not delay or hinder the progress of Work as a
whole.
(4) Contractor's supervisory staff shall execute the work in the most substantial and workman-like
manner in the stipulated time. Accuracy of work, adherence to prescribed quality and
aesthetic finish are essential part of this Contract.
(5) It is the responsibility of the Contractor to engage his workmen in shifts or on overtime basis
for achieving the targets set by ASB. The Contractor's finally accepted rates shall include all
these contingencies.
(6) During the course of construction, if the progress is found unsatisfactory, or in the opinion of
ASB it is found that the skilled workmen like welder, fitters, technicians etc. deployed are not
sufficient, then ASB after giving reasonable opportunity to the Contractor, will induct on the
work the required workmen in addition to Contractor's workmen to improve the progress and
recover such costs and expenses from the Contractor's bills.
(7) If the Contractor or his workmen or employees shall break, deface, injure or destroy any part
of a building, road, kerb, fence, enclosure, water pipes, cables, drains, electric or telephone
posts or wire, trees or any other property or to any part of erected components etc., then the
Contractor shall make the same good at his own expense, or if Contractor defaults in making
good the above losses, then ASB may cause the same to be made good by other workmen or
by other means and deduct the expenses (of which ASB's decision will be final) from any
money due to the Contractor.
(8) The month-wise manpower deployment plan to be submitted by the Contractor as per format
is only to assess the capability as well as understanding of the Contractor to execute the work.
It shall be the Contractor's responsibility to deploy the required manpower, for timely and
successful completion of the job, to any extent over and above those indicated in the above
deployment plan (including those which are not covered in the plan submitted) without any

compensation on this account.

3. Setting out
(1) All the Works shall be set out to the true lines, grades and elevation indicated on the drawing.
Contractor shall be responsible to locate and set out the works. Only one grid reference line
and benchmark all be made available for setting out the works under the contract. This
reference lines shall be used as datum for the works under the Contract and the Contractor
has to establish for his work area at available points horizontal and vertical control points. The
Contractor shall inform ASB well in advance of the times and places at which he wishes to do
work in the area allotted to him so that suitable datum points established by him are checked
by ASB to enable the Contractor to proceed with the works. Any work done without being
properly located may be removed and / or dismantled by ASB at Contractor’s expense.
(2) The Contractor shall at his own expense take all proper and responsible precautions to
preserve and maintain these datum marks to its true position. In the event of these marks
being disturbed or obliterated by accident or due to any other cause whatsoever, the same
may have to be necessarily placed by Contractor at its own expenses.
4. Equipment, tools and other devices
(1) All Equipment, tools and other devices which are required for successful and timely execution
of the Work covered within the scope of this Tender Documents, shall be arranged and
provided by the Contractor at his own cost and in working condition. Indicative lists of
Equipment, tools and other devices to be arranged by the Contractor are given as per
Annexure in Special Conditions of Contract. In the event of the failure of Contractor to bring
necessary and sufficient Equipment, tools and other devices, ASB will be at liberty, but not
obliged, to arrange the same at the risk and cost of Contractor and the same shall be deducted
from payments due to Contractor. Decision of ASB in this regard shall be final and binding on
Contractor.
(2) The Contractor should furnish the list of equipments and machineries proposed to be used for
Works and the same to be deployed at site as per the requirement.
(3) All distribution boards, connecting cables / welding cables, wire ropes, hoses etc. including
temporary air/water / electrical connections etc. shall have to be arranged by the Contractor
at his own cost.
(4) Contractor shall arrange, at its own cost, operators, fuel, and other consumables etc. for the
Works.

(5) Contractor shall engage trained and experienced operators for the operation of Equipment,
tools and other devices. Project Manager will check their skill and performance before they
are allowed to operate the same. However checking of skills by ASB does not absolve the
Contractor of his responsibilities for proper & safe handling of equipment, consistent good
performance of operators & regular performance evaluation of operators.
(6) Consolidation of ground and arrangement of sleepers / sand bag filling etc. for safe operation
/ movement of equipment including cranes / trailers etc. shall be the responsibility of the
contractor at his cost.
(7) Contractor shall ensure deployment of serviced and healthy Equipments including cranes,
lifting tackles, wire ropes, Manila ropes, winches and slings etc. History card and maintenance
records for major Equipments will be maintained by the Contractor and will be made available
to Project Manager for inspection as and when required.
(8) Contractor shall ensure deployment of reliable and calibrated IMTEs (Inspection measuring
and Test equipment). The IMTEs shall have test/ calibration certificates from authorised /
Govt. approved / accredited agencies traceable to National / International standards. Each
IMTE shall have a label indicating calibration status i.e. date of calibration, calibration agency
and due date for calibration. A list of such instruments deployed by contractor at site with its
calibration status is to be submitted to Project Manager for control.
(9) Re-testing / re-calibration shall also be arranged at regular intervals during the period of use
as advised by Project Manager which shall be within the Contract Value. The Contractor will
also have alternate arrangements for such IMTE so that work does not suffer when the
particular instrument is sent for calibration. Also if any IMTEs not found fit for use, ASB shall
have the right to stop the use of such item and instruct the contractor to deploy proper item
and recall i.e. repeat the readings taken by that instrument, failing which ASB may deploy
IMTEs and retake the readings at Contractor's cost.
(10) ASB shall have lien on all Equipments, IMTEs & other equipment of the Contractor brought to
the site for the purpose of performing the Works. ASB shall continue to hold the lien on all
such items throughout the period of Contract. Contractor and/or his Sub-contractors shall
remove no material brought to the Site from the Site without the prior written approval of the
Project Manager.
(11) The month wise T&P deployment plan to be submitted as per format is only to assess the
capability as well as understanding of the Contractor to execute the work. It shall be the
Contractor's responsibility to deploy the required Equipments, for timely and successful
completion of the job, to any extent over and above those indicated in the above deployment

plan (including those which are not covered in the plan submitted) without any compensation
on this account.
5. Materials
(1) ASB shall not be responsible for procuring any material for the Contractor. Contractor shall, at
his own expenses, provide all materials as per the Specifications or otherwise e.g.,
consumables required for the work.
(2) Contractor shall be solely responsible for bringing the material into the Site, loading-unloading
of the material, storing of material and safety of material.
(3) All materials to be provided by the Contractor shall be of the best kind in conformity with the
specifications laid down in the Contract or as per relevant Indian standards and the Contractor
shall, if requested by the Project Manager, furnish proof to the satisfaction of the Project
Manager that the materials so comply.
(4) Contractor shall, at his own expense and without delay, supply to the Project Manager,
samples of materials proposed to be used in the Works. The Project Manager shall within
seven days of supply of samples or within such further period as he may require will intimate
to the Contractor in writing, whether samples are approved by him or not. If samples are not
approved, the Contractor shall forthwith arrange to supply to the Project Manager for his
approval fresh samples complying with the specifications laid down in the Contract. Any delay
in approval of samples (original or fresh ones) shall not make the Contractor eligible for any
compensation or give him rights to use any sub-standard material for the Works.
(5) The Project Manager shall have full powers for removal of any or all of the materials brought
to site by the Contractor which are not in accordance with the Contract specifications or do
not conform in character or quality to samples approved by him. In case of default on the part
of the Contractor in removing rejected materials, the Project Manager shall be at liberty to
have them removed by other means. The Project Manager shall have full powers to procure
other proper material to be substituted for rejected materials and in the event of the
Contractor refusing to comply; he may cause the same to be supplied by other means. All
costs, which may attend upon such removal and / or substitution, shall be borne by the
Contractor.
(6) The Project Manager shall be entitled to have tests carried out, for assessing quality and
quantity, as specified in the Contract for any materials supplied by the Contractor other than
those for which, as stated above, satisfactory proof has already been furnished, at the cost of
the Contractor and the Contractor shall provide at his expense all facilities which the Project

Manager may require for the purpose. If no tests are specified in the Contract, and the Project
Manager requires such tests, the Contractor shall provide all facilities required for the purpose
and the charges for these tests shall be borne by the Contractor only. The cost of materials
consumed for the tests shall be borne by the Contractor in all cases.
(7) Material required for the Works which are procured by the Contractor shall be stored by the
Contractor only at places approved by the Project Manager. Storage, theft insurance and safe
custody of material shall be the responsibility of the Contractor for all materials procured by
the Contractor for the Works.
(8) ASB's officials concerned with the Contract shall be entitled at any time to inspect and
examine any materials, which are intended to be used in or on the Works, either on the Site or
at factory or workshop or other place(s) where such materials are assembled, fabricated,
manufactured or at any place (s) where these are lying or from which these are being
obtained and the Contractor shall give such facilities as may be required for such inspection
and examination.
(9) All materials brought to the Site shall become and remain the property of ASB and shall not be
removed off the Site without the prior written approval of the Project Manager. But whenever
the Works are finally completed upon obtaining written permission from the Project Manager,
the Contractor shall, at his own expense, forthwith remove from the Site all surplus material
originally supplied by him and upon such removal, the same shall re-vest in and become the
property of the Contractor.
(10) All charges on account of Octroi, terminal or sales tax and other duties on materials obtained
for the works from any source shall be borne by the Contractor.
(11) Security of all materials stored at Site shall be the sole responsibility of the Contractor.
6. Handling of cement, reinforcement and structural steel
(1) Materials will be accounted only for permanent works and not for making templates, other
temporary works, enabling works etc. and the same shall not be taken into account for
purpose of material reconciliation for billable items. The coefficients for theoretical
consumption of material shall be as per CPWD specifications.
(2) Contractor shall bear all other costs including the lifting, carting from issue points to Works
Site/Contractor’s stores, custody and handling etc. and all expenditure will be met by the
Contractor.

(3) All steel shall be accounted in available lengths / shapes and no claims for extra payment on
account of receipt of non-standard lengths/shapes will be entertained. For the purpose of
billing and accounting only linear measurement of material incorporated in the works will be
taken and weight will be calculated as per the IS coefficient. The difference in unit weight as
per IS and actual as issued, if any shall be to the Contractor’s account and Contractor shall
quote the rates for corresponding item to take care of such difference.
(4) The Contractor shall maintain good stores for storing the cement and reinforcement steel and
other bought out items. The flooring of the storage house, the clearance of cement bags from
the side walls, etc., shall be as per the instructions of the Project Manager.
(5) The cement stores shall be open for supervision and verification by the Project Manager or his
authorised representative by any time when the Project Manager feels the need to do so.
(6) The Contractor will have to submit their design mix duly certified by technical institutes like IIT
Govt. Approved labs, or labs approved by ASB etc. etc. or equivalent accredited laboratory for
different grades of concrete keeping in view the requirements stipulated in IS: 456, specifically
regarding slump and Water Cement ratio and Specific Gravity of Materials brought to site as
analysed in the laboratories. The design shall be used upon absolute volume method and
theoretical consumption of Cement shall be worked out on this basis. For other than above
designated mix Concrete items, the coefficients for consumption of cement shall be adopted
as per CPWD practice. The theoretical consumption of cement thus worked out shall be
binding upon the Contractor for reconciliation of Cement procured.
(7) The theoretical consumption of cement, reinforcement steel and structural steel required for
the Work will be calculated on the basis of approved drawings / joint measurements. In the
case of cement, the theoretical consumption shall be decided by the Project Manager as
mentioned above and his decision in this regard shall be final and binding on the Contractor.
Reinforcement and structural steel shall be measured by weight in tonns. The weight will be
arrived at by multiplying the used length by the sectional weight. The sectional weight will be
same as were applied at the time of issue. Standard hooks, cranks, bends and authorised laps,
etc. specified in drawing or instructed by engineer as required shall be measured and paid for.
No payment shall be made for chairs, spacer bars, binding wires, spacer block etc. required for
keeping the steel in position unless otherwise specified in the contract. No extra payment will
be made for modification of already embedded reinforcement, if required due to faulty
fabrication or placement.
(8) The Contractor should submit the Test Certificates of Cement, steel and concrete etc along
with the bills and routine/regular third party tests as per IS Code guidelines.

7. Scrap and serviceable materials
(1) All structural steel of length above 2 M except M.S. Plates shall be considered as serviceable
materials provided the materials is in good and acceptable condition. Structural steel in
length less than 2 M shall be treated as scrap.
(2) All reinforcement steel of length above 3 M shall be considered serviceable provided the
material is in good & acceptable condition. Reinforcement steel of length less than 3 M shall
be treated as scrap.
(3) Plates having both sides greater than 1 Meter or If any side is less than 1 M but greater than
0.5 M and the total area is equal or greater than 2 Sq. Meter shall be considered as
serviceable.
(4) All pipes measuring 2 M and above in length shall be treated as serviceable materials provided
they are in good and acceptable condition. Pipe in less than 2 M length shall be treated as
scrap.
8. Execution of Work
1. The Work shall be executed in a workman like manner and to the entire satisfaction of the
Project Manager and as per technical specification issued with Tender, Codes, IS codes, CPWD
specifications, as applicable, within the Completion Time. In case of conflict, the decision of the
Project Manager shall be final and binding.
2. Should the Contractor require to work at night or on holidays in order to maintain the time
schedule and on urgency, he shall take prior approval from ASB in two days in advance.
3. The Contractor shall arrange to provide a Dumpy level (Auto level) and Total station including a
qualified surveyor at Campus and all other equipment at all times. The Contractor has to make
arrangements to keep the Site, Site offices and premises clean and tidy.
4. The Project Manager will communicate or confirm his instructions to the Contractor in respect of
the execution of the work in a "Work Site Order Book" maintained at his office and the
Contractor shall visit this office daily and shall confirm receipt of such instructions by signing the
relevant entries in this book. Such entries will rank as order or notices in writing within the intent
and meaning of these conditions.
5. All materials to be purchased by the Contractor for use at Site, will be permitted to be used only
after they are verified and their quality checked with reference to test certificates etc. The
Contractor shall keep proper record of receipt and daily consumption of materials like steel and

cement. The Contractor has to submit reconciliation statement for consumption of steel and
cement with bills.
6. During the entire contract tenure period including monsoon period, it shall be the responsibility
of the Contractor to keep the construction work Site free from water logging at his own cost.
Prior approval of Method of dewatering is to be obtained from the Project Manager
9. Quality Assurance and inspection
(1) Contractor has to establish / arrange at Site the field testing facilities for testing of civil
construction materials and concrete cubes for ensuring the proper quality, grade and strength
of the materials used in the construction in line with approved field quality check list of ASB.
Contractor has to submit detailed report for testing of all material used. All testing shall be
done as per IS code specifications/ASB's quality plan. If further test is required by the Project
Manager to be carried from outside laboratory, the cost of the same shall be borne by the
Contractor.
(2) The Contractor shall install at site suitable laboratory with power connections for all tests and
the required tests to be performed periodically as and when required as directed by the
Project Manager. A qualified engineer with required supporting staff shall be posted
exclusively for quality control.
(3) The procedure for quality control shall be submitted at least one week in advance for approval
from the ASB/ Project Manager.
(4) ASB/Project Manager shall have the right at any time, to call upon the Contractor for evidence
of origin of raw materials and part of equipment. All goods or materials supplied or used shall
be of first class quality of the grade specified.
(5) The Contractor should submit the Test Certificates of Cement, steel and concrete etc along
with the bills.
(6) The Contractor should submit the manufacturers test certificate before producing the
material for the approval of ASB / Project Manager.
(7) All materials to be purchased by the Contractor for use at Site, will be permitted to be used
only after they are verified and their quality checked with by ASB.
(8) Inspection and stage approval of all bought out items: Contractor at his own cost shall make
necessary arrangements for the prior approval and stage inspections of the supplied bought

out items as per requirement of and as directed by the Project Manager. These inspections
can either be carried out prior to dispatch to the Site, at Site or at the Works as per decision of
Project Manager without any extra claim from Contractor towards such inspections.
(9) Contractor shall, at his own expense and without delay, supply to the Project Manager,
samples of materials proposed to be used in the Works. The Project Manager shall have full
powers for removal of any or all of the materials brought to Site by the Contractor which are
not in accordance with the Contract specifications or do not conform in character or quality to
samples approved by him.
(10) ASB or its duly authorized representative shall have, at all reasonable times, access to the Site
or Contractor's premises within the Site and shall have the power to inspect drawings or any
portion of the Work, examine the materials and workmanship and shall have the authority to
reject any work.
(11) All work embracing more than one process shall be subject to examination and approval at
each stage thereof and the Contractor shall give due notice in writing to the Project Manager
when each stage is ready. In default of such notice being received, the Project Manager shall
be entitled to approve the quality and extent thereof at any time he may choose and in the
event of any dispute; the decision of the Project Manager thereon shall be final and
conclusive.
(12) The Works which involves more than one process shall be subject to examination and
approval at each stage and the Contractor shall give information to the Project Manager when
each stage is ready. ASB/ Project Manager shall have full rights to appraise the quality and
extent there of weekly progress report statement in quadruplicate shall be signed by the
bidder’s representative at site and submitted to the ASB/ Project Manager and the section
head.
10. Facilities to be provided by ASB and Contractor
(1) ASB shall provide:
a. Limited open space for office and store at Site, free of rental charge, as and where made
available.
b. Contractor shall make arrangements for the following which shall be without limiting
any additional incidental requirements:
i. power through DG sets for construction purposes in the initial stages;

ii. electric power for Site for the purpose of carrying out the construction activities,
Site office and other areas for safety, security and convenience purposes;
iii. All wiring must comply with local regulations (KSEI) and will be subject to Project
Manager’s inspection and approval before connecting supply.
iv. Contractor shall not make any change in the temporary installations unless
permission is obtained from ASB or their authorized representatives.
v. Contractor shall develop the space for construction of office sheds, provide all
utilities like electricity, drinking water, water for construction purposes etc., as a
part of his scope of Work within the accepted rates. Contractor shall make water
arrangement from the water pipe line of local network area and all the expenses for
connections, maintaining and consumption charges for water shall be borne by the
Contractor.
(2) Bidders are requested to take above into account while quoting. Bidders, therefore, hereby
confirms that unit rates quoted above take care of such variation during execution stage.
(3) The land along with facilities like water, sanitation, electricity etc. and lease rent for the labour
colony (which shall in any event be located outside ASB’s premises) shall be arranged by the
Contractor himself.
(4) Contractor, at his cost, shall remove debris generated from demolition of temporary structure.
If the Contractor fails to give vacant possession of the land as aforesaid in the original
condition ASB reserves the right to withhold payment of Contractor’s bill till handing over of
the vacant possession of the land and Contractor shall be liable to pay compensation as
determined by ASB for such unauthorised occupation of land. The compensation shall be
recovered from the bills of contractor, without any notice.
(5) Provision of distribution lines of power from the central points to the required place with
proper distribution boards observing the safety rules laid down by the authorities of the State
shall be done by the Contractor, supplying all the materials like cables, distribution board,
switch boards, TPN, CBS, ELCBS/ MCCBS / Copper / Brass clamps, copper conductor, change
over switches pipes etc. at his own cost. If any failure is caused in supply of the power and
water, it is the responsibility of the Contractor to make alternate arrangements at his cost.
The Contractor shall adjust his working shift / hours accordingly and deploy additional
manpower if necessary so as to achieve the targets.

(6) In case of power cuts / load shedding no compensation for idle labour or extension of time for
completion of work will be given to Contractor.
(7) Adequate lighting facilities such as flood lamps, hand lamps and area lighting shall be arranged
by the Contractor at the site of construction, contractor's material storage area etc. with no
additional cost to ASB.
(8) No claim for damages will be entertained by ASB on account of interruptions of water supply
or limitation of quantity of water as aforesaid or on account of the water so taken being not fit
for construction purposes or on any other account in connection with such water supply.
(9) In the event of poor or interrupted water availability at the site, Contractor, then, has to make
his own arrangement for uninterrupted construction water supply so that work doesn't get
affected. This arrangement of water supply shall be without any extra cost to ASB.
(10) If the contractor engages outstation labour their accommodation shall be as per prevailing
rules maintaining proper hygiene and sanitation and without creating any environmental
problems. At the project site also adequate arrangements shall be made for the welfare of the
labour including sanitary system to meet all statutory rules. The Contractor alone is
responsible for the safety of his labourers and damages, if any, payable under workmen’s
Compensation Act will be to his debit. Accommodation facilities shall not be permitted in the
site.
(11) Site security and Gate Passes: Contractor should deploy site security at all times (from site
mobilization to taking over date and shall arrange gate-passes for all his employees and other
visitors. The contractor shall maintain proper and up to date records and registers of all
personnel and materials coming in and going out of the site pertaining to all Work packages
including vendors directly engaged by ASB. Necessary coordination with security officials of
ASB is the responsibility of the Contractor. Contractor shall follow all the laid down procedures
for obtaining these gate passes. Contractor shall arrange to receive necessary permits for
working beyond normal working hours, working on holidays and during night.

ANNEXURE ‘A’- Agreement

(To be issued on non- judicial stamp paper of Rs.100/-)
Agreement No and Date :
Name of the Work :
Tender Specifications ref. no. :
Name of the Contractor with

full address :
Value of work awarded :
Date of Letter of Acceptance/Work Order :
Scheduled Commencement
Date : [date of Letter of Acceptance/Work Order]
Scheduled Completion Date :
THIS AGREEMENT IS MADE ON THIS _______DAY OF____________2019 between ASB, a company

incorporated under the Companies Act, 1956, having its Registered Office at ASIAN TECHNOCITY
WEST, CRPF JUNCTION,PALLIPURAM, TRIVANDRUM, KERALA (hereinafter referred to as “ASB”)
of the ONE PART.
AND
M/s. __________________________________, a company incorporated under the Companies Act,

1956, / a partnership firm registered under the Indian Partnership Act / a proprietary firm, having its
registered office at ……………. (hereinafter called the `Contractor') represented by power of attorney
holder and ………, Mr. …………. of the SECOND PART.

WHEREAS:
(A) Contractor states that they have acquired and possesses extensive experience in the field of
construction of high-rise building on turn-key basis and ………..; and
(B) In response to an Invitation to Tender No. ------------------------ issued by ASB for execution of ---
------------------------------------------------------- the Contractor submitted their Tender No.------- -----
---------------------dated ----------------------------; and
(C) ASB has accepted the offer of the Contractor on terms and conditions specified in the Letter of
Acceptance/Work Order No.------------------------------dated ------------read with the references
cited therein.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. All capitalized terms, unless repugnant to the context thereof, shall have the meaning assigned
to them in the Tender Documents.
2. The Contractor shall execute the Works of ………………. and more particularly described in Tender
Documents (“Works”) in accordance with and subject to terms and conditions contained in
these presents, and the Tender Documents and such other instructions, Drawings, Specifications
given to the Contractor by ASB from time to time.
3. The Contractor is required to furnish to ASB Security Deposit for a sum of Rs. ………………………..
towards satisfactory performance and completion of the Contract. The Security Deposit shall be
provided in the manner specified below.
4. The Contractor hereby agrees and undertakes to have the validity of the Bank Guarantee 60
days after the issue of completion certificate. If the Contractor fails to obtain extension(s) of the
Bank Guarantee from its bank, then the Contractor shall pay forthwith or accept recovery of an
amount equaling the Bank Guarantee from the bills in one installment and the Contractor
further agrees that failure to extend the validity of the Bank Guarantee or failure to pay the
aforesaid amount in the manner specified above shall constitute breach of contract. In addition
to above, ASB shall be entitled to take such action as deemed fit and proper for recovering the
sum equivalent to Bank Guarantee.
5. In consideration of the payments to be made to the Contractor by ASB in accordance with this

Agreement the Contractor hereby covenants and undertakes with ASB that it shall execute,
construct, complete the works in a diligent manner, within the timeframe agreed herein and in
conformity, in all respects, with the terms and conditions specified in this Agreement and the
documents governing the same.
6. Contractor shall be deemed to have carefully examined this Agreement and the documents
governing the same and also to have satisfied himself as to the nature and character of the
Works to be executed by him.
7. Contractor shall carry out and complete the execution of the said works to the entire
satisfaction of the Project Manager or such other officer authorised by ASB, within the agreed
time schedule, the time of completion being the essence of the Contract.
8. In the performance of its obligations under the Contract, the Contractor covenants, represents
and warrants to the Company as follows:
(i) The Contractor possesses a high level of skill and experience in respect of Works of similar
complexity and size.
(ii) The Contractor shall exercise due skill, care and diligence that properly qualified, diligent
and competent personnel would exercise in execution of the Contract. The standard of
diligence, skill and care exercised shall be equivalent to the Best Standards and Practices
of Civil Construction Work prevalent in India.
(iii) The Contractor has the required skill, competence and experienced personnel to perform
and complete the Contract in accordance with the provisions hereof.
(iv) The Contractor will provide such experienced and competent personnel who shall be
reasonably and properly skilled and possess the requisite qualifications, having regard to
the tasks which they are required to perform considering the nature and extent of the
Scope of Works.
(v) The Contractor shall use best efforts to ensure that its obligations under the Contract are
carried out in an efficient, economic and timely manner so as to comply with the time
schedule set forth in the relevant enclosures and annexures of the Contract.
(vi) The Contractor will not use any substance or material or practice which is deleterious to
health, environment or safety during performance of the Contract or likely to cause any
breach whatsoever, of any Environmental or Labour or other legislation.

(vii) The Contractor shall forthwith rectify any defect and/or deficiency in the Works at its own
cost during the period of the Contract.
(viii) The Contractor, in carrying out its responsibilities, shall comply with the legislation, laws,
by-laws, rules, regulations of the Centre, the State and other local authorities as may be
applicable including those relating to environment, labour, safety etc.
(ix) The Contractor shall use liberal factors of safety throughout the execution of the Contract
and shall follow all relevant IS and International Codes, wherever applicable. The
Contractor in carrying out its responsibilities shall comply with necessary safety and
environmental standards.
(x) The Contractor shall sign a separate indemnity bond favouring ASB in the format provide
in Schedule A hereto.
9. ASB shall, after proper scrutiny of the bills submitted by the Contractor, pay to him during the
progress of the said works such sum as determined by ASB in accordance with this Agreement.
10. This Agreement shall be deemed to have come into force from ……………. the date on which the
Letter of Acceptance/Work Order has been issued to the Contractor.
11. Whenever under this Agreement or otherwise, any sum of money shall be recoverable from or
payable by the Contractor, the same may be deducted in the manner as set out in the General
Conditions of Contract or other conditions governing this Agreement.
12. All charges on account of Octroi, Terminal and other taxes including sales tax or other duties on
material obtained for execution of the said works shall be borne and paid by the Contractor.
13. ASB shall be entitled to deduct from the Contractor's running bills or otherwise Income Tax
under the prevalent laws and rules.
14. ASB shall be further entitled to recover from the running bills of the Contractor or otherwise
such sum as may be determined by ASB from time to time in respect of consumables supplied
by ASB, hire charges for tools and plants issued (where applicable) and any other dues owed by
the Contractor.
15. It is hereby agreed by and between the parties that non- exercise, forbearance or omission of
any of the powers conferred on ASB and /or any of its authorities will not in any manner
constitute waiver of the conditions hereto contained in these presents and the liability of the
Contractor with respect to compensation payable to ASB or Contractor's obligations shall remain

unaffected.
16. This Agreement comprises of the following parts, which will, if there is any inconsistency
between them, prevail according to the following order of priority with the first mentioned
taking precedence to the extent of that inconsistency:
(i) This Agreement

(ii) Letter of Acceptance/Work Order
(iii) BOQ
(iv) Section VI - Tender Drawings
(v) Section IV - Technical Specifications
(vi) Section III - Special Conditions of Contract
(vii) Section II - General Conditions of Contract
(viii) Notice Inviting Tender, and
any other documents incorporated into any of the documents specified above or this Agreement by
reference, in the same order of priority as that of the document specified above in which such
document is referred.
Where two documents have the same priority in this list then priority will be given to the document
which is later in time.
IN WITNESS HEREOF, the parties hereto have respectively set their signatures in the presence of
WITNESS
(CONTRACTOR)
(to be signed by a person holding a valid Power of Attorney)
(For and on behalf of ASB)
WITNESS
1.
2.

ANNEXURE ‘B’ - Format of indemnity bond
THIS DEED OF INDEMNITY made on this the ______day of _______ 2019 by ________ having its office
at _________ hereinafter referred to as “ Contractor” (which term or expression shall unless excluded
by or repugnant to the subject or context be deemed to mean & include its hers/ legal
representatives, executors, administrators and assigns) IN FAVOUR OF ASB, having its registered office
at , Ajith Bungalow, TC.9/1108, Sasthamangalam, Trivandrum-695 010, KERALA, herein after referred
to as “ASB” (which term or expression shall unless excluded by or repugnant to the subject or context
to be deemed to mean & include its legal representatives, executors, administrators and assigns)
WHEREAS :
A. ASB is desirous of getting certain construction activities done at (“Site”); and

B. ASB has invited tenders for the same; and
C. ASB, after considering the tenders received pursuant thereto by its letter No. __________dt
_______________accepted the tender given Contractor; and
D. Pursuant to acceptance of the Tender of the said Contractor, ASB and Contractor have
entered into an Agreement on ___________(hereafter referred to as "Tender/Contract); and
E. It is one of the terms of the said Tender/ Contract that the contractors shall give an indemnity
in the manner hereinafter
NOW THIS DEED OF INDEMNITY WITNESSETH AS FOLLOWS:
In pursuance of the said Tender/ Contract and for the consideration aforesaid we the Contractor
hereby do indemnify and keep harmless ASB, PM and Consultant against and from:
(1) Any third party claims, civil or criminal complaints/ liabilities, site mishaps, fire hazards &
other accidents including death of any person/s or disputes and/or damages occurring, or
arising out of any mishaps at the site due to faulty work, negligence, faulty & unsound
construction and/or for violating any laws, rules and regulations in force for the time being
while executing/executed the said Works by us.
(2) All claims, demands, actions, proceedings, losses, damages, liabilities, costs, charges, expenses
or obligations that are occasioned or may occasion to you as a result of our non-payment of
any statutory duties levied / leviable on ASB or ASB committing breach of any of the rules,
regulations, orders, directives, instructions that may be issued by any authority under the
Central Excise Act, 1944, Central Sales Tax Act, 1956, or any other statute or law for the time
being in force.

(3) Any damages, loss or expenses due to or resulting from any negligence or breach of duty on
our part or any sub-contractor/s if any, servants or agents.
(4) Any claim by our employee or of sub contractor/s , if any, under the Workmen’s
Compensation Act and Employees liability Act, 1939 or any other law, rules and regulations in
force for the time being and any acts replacing and /or amending the same or any of the same
as may be in force at the time and under any law in respect of injuries to persons or property
arising out of and in the course of the execution of the contract work and /or arising out of
and in the course of employment of any workmen/ employee.
(5) Any non-compliance or improper compliance of statues, rules and regulations which are
applicable to us and / or our employees, in respect of (a) Employees provident Fund act, 1952,
b) Employees State insurance Act, 1948, c) Contract Labour (R & A) Act, 1971, d) Minimum
Wages Act, e) Shops and Establishment Act, f) Payment of wages Act, g) Bonus Act, h) The
State Government Act and any other law which may become applicable in respect of the
Tender/ Contract work.
(6) Any act or omission of by us or our sub- contractor/s if any, our/ their servants or agents
which may involve any loss, damage, liability, civil or criminal action.
(7) Against theft, mishaps in construction and injury to workman, damage to person, property,
loss of human life etc.
IN WITNESS WHEREOF THE PARTIES HAVE HERETO SET THEIR RESPECTIVE

HANDS ON THIS _______DAY OF _____ MONTH OF 2019.
Signed & Delivered by

Contractor
In the presence of _________________________

ANNEXURE ‘C’- Performa of bank guarantee for Security Deposit
To
ASB .
[address]
Dear Sirs:
BANK GUARANTEE NO. XXXXX
We the _________________________Bank,_________________________ (address) understand that

you have entered into a Contract with ________________________ (exact name of the Contractor)
(hereinafter referred to as "the Applicant") having its registered office at
__________________________ for doing certain civil construction works on a turn-key basis (“Work”)
on ________(date) and under the terms of the said Contract, the Contractor is to submit a Bank
Guarantee for a sum of Rs._____________ (Rupees ___________________only) being 10% of the
Contract Price of Rs._________(Rupees __________________only) as stipulated in the said Contract
vide Letter of Acceptance/Work Order No. _______________dated __________ towards security
deposit for satisfactory performance of the Contract.
In consideration of the amount of Contract on the Applicant, we ___________________Bank,

(address) do hereby give you Guarantee and undertake to pay you any amount or amounts not
exceeding Rs.________________ (Rupees _______________________________only).
We ________________Bank do hereby agree and undertake that if in your opinion the Applicant has
failed in performing its Contractual obligations under the said Contract, then, we shall on demand and
without contest or protest or demur or proof or condition and without reference or recourse to the
Applicant immediately pay to you in any manner in which you may direct the said amount or such
portion' thereof as may be demanded by you not exceeding the sum of Rs.____________ (Rupees
_________________only). Any such demand made by you on us shall be final and conclusive as
regards the amount due and payable by the Bank. Payment pursuant to this guarantee may be
demanded by you and will be met by us without any question as to whether occasion or ground has
arisen for such demand and your demand in this regard shall be final.
We, ________________________Bank further agree with you that you 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, to extend the time of delivery/completion or to postpone
for any time and from time to time any of the powers exercisable by you against the Applicant and to
forbear or enforce any of the powers relating to the said Contract and we shall not be relieved from
our obligations by reason of such variation or extension or forbearance or enforcement or any other
act
or omission on your part or any indulgence by you to the Applicant or by any such matter or thing
whatsoever which under the law relating to the sureties would but for this provision have the effect of
so relieving us. We, ___________________Bank agree that the amount hereby guaranteed shall be

due and payable to you on our being served during banking hours, with a notice requiring payment of
the amount.
We, ___________________Bank further state that claims under this Guarantee can be made effective
and shall take effect from the date of the issuance of this guarantee under the said contract.
We, ___________________Bank undertake not to revoke this Guarantee during its currency except
with your previous consent in writing. We further undertake to keep the Guarantee renewed, value
enhanced/marked up from time to time at the request of the Contractor.
Notwithstanding anything stated herein above the liability of the Bank under this Guarantee is
restricted to Rs. _________________ (Rupees_________________ only). Provided, however, this
Guarantee can be enforced by you any number of times as long as the aggregate liability of the Bank
on account of such claims or demands made by you does not exceed the aforesaid amount of
Rs.__________ (Rupees
__________________________only).
The Guarantee herein contained shall not be determined or affected or suspended by the liquidation
or winding up or dissolution or changes of constitution or insolvency of the said Contractor but shall in
all respects and for all purposes be binding and operative until payment of all money due or liabilities
under the said Contract/Order are fulfilled. This Guarantee shall remain in full force till
________________ (a specific date). 60 days from the date of completion certificate.
Unless a demand or claim is made on us in writing within 90 days from the aforesaid date (the same
date), all your rights under this Guarantee shall be forfeited and we shall be released and discharged
from all liabilities hereunder.
All terms not specifically defined in this bank guarantee shall have the same meaning as under the said
Contract.
This guarantee is non-transferable.
For ______________ Bank

______________________
Place:
Date:

ANNEXURE ‘D’ Format of Bank Guarantee for Mobilization Advance

ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
FORM OF BANK GUARANTEE ADVANCE PAYMENT
In consideration of ASB having Registered Office at …………….. (hereinafter referred to as “ASB” which
expression shall include its successors and assigns) agreeing to award to M/s……………………, having
Registered Office at ……………………………(hereinafter referred to as the “Contractor” which expression
shall include its successors and assigns) a sum of Rs. ____________/- (Rupees
______________________________________) only for the work of construction envisaged under the
Contract entered into between them as evidenced by a Letter of Acceptance/Work Order No. …….
dated ………………… read with the relevant Tender Documents (hereinafter referred to as “Contract”
which expression shall include any formal contract entered into between the Company and the
Contractor in suppression of the said Letter of Intent and all amendments and/or modifications
therein or in the terms of the said advance as herein stipulated) on production of bank guarantee by
the Contractor for Rs. ………………………….., We (Bank Name), a body constituted/registered under the
1970 Act, having our Head Office/Registered Office at (Bank Address) (hereinafter referred to as the
“Bank”) do hereby covenant and agree with the Employer as follows.
1. We hereby affirm that we are responsible to the Employer to a total of Rs. ………..
2. Notwithstanding anything contained hereunder, we (Bank Name) hereby unconditionally and

irrevocably undertake to pay to the Employer to the extent of ……………………… without any
protest or demur and without recourse to the Contractor merely on a demand from the
Employer stating that the amount claimed is due by way of loss or damage caused to or
suffered or would be caused to or suffered by the Employer by reason of breach by the
Contractor of any of the terms and conditions contained in the said contract. Any such
demand made on the bank shall be conclusive of the banks liability as regards the amount to
be paid not exceeding ………………………………………
3. Our liability under this present guarantee is absolute and unequivocal and shall remain in full
force and we undertake to pay to the Employer the amount so demanded without seeking the
consent of the Contractor and notwithstanding the Contractor raising any dispute or existence
of any difference between Employer and Contractor and / or dispute or filing any suit or
proceeding before any court or tribunal or authority and notwithstanding existence of any
instructions or purported instructions by the Contractor or any other person on the Bank not
to pay or for any cause withhold or defer payment to Employer under these presents, with the
intent that notwithstanding the existence of such differences, dispute or instruction, the Bank
shall be and remain liable to make payment to Employer in terms hereof. The payment so
made by us under this guarantee shall be valid discharge of our liability for payment
hereunder and the Contractor shall have no claim against us.
4. Notwithstanding anything of the contrary, Employer’s decision as to whether the Contractor

has made any default or defaults and the amounts to which Employer is entitled by reason
therefore shall be final and binding on us and we shall not be entitled to ask the Employer to

establish the claims under the guarantee but will pay the same on demand without any
objection.
5. This guarantee of the Bank will come into force immediately on payment of the sum of
…………………………………….. as an advance to the Contractor under the Contract and We, (Bank
Name) 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 Employer under or by virtue of the said
contract have been fully paid and its claims satisfied or discharge and till the Employer
certifies that the terms and conditions of the said contract have been fully and properly
carried out by the said Contractor and accordingly discharges this guarantee. Unless a demand
or claim under this guarantee is made on us in writing on or before …………………………… we
shall be discharge from all liability under this guarantee thereafter.
6. This guarantee shall not be revocable by us during its currency except with the written
consent of the Employer and shall continue to be enforceable till ……………………………….
notwithstanding the discharge of the Contractor by operation of law. Should it be necessary to
extend this guarantee beyond the said date, we may at our option extend the validity of this
guarantee for such further period as may be required by the Employer, subject to the
Employer giving in writing to Contractor the request for extension and such extension shall be
given before the expiry of the guarantee. We (Bank Name), further agree with the Employer
that the Employer at its discretion and without reference to the Bank shall have the fullest
liberty without our consent and without affecting in any manner our obligations hereunder to
vary or forebear to enforce any of the terms and conditions of the said contract against the
Contractor or to extend time to performance by the said Contractor from time to time or to
postpone for any time or from time to time exercise any of the powers exercisable by the
Employer against the said Contractor and we shall not be relieved from our liability by reason
of any such variation or extension being given to the said Contractor or any indulgence by
Employer to the said Contract 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.
7. This Guarantee shall be in addition to and shall not in any way be affected due to change in
our constitution or by your taking or varying or giving up any securities from the Contractor or
any other person, firm or by the Bank to the Employer or Employer its behalf or by change in
constitution winding up, dissolution, or insolvency as the case may be of the Contractor or any
change in legal constitution of Bank or Employer.
8. In order to give effect to this Guarantee, Employer will be entitled to act as if the Bank was
Principal Debtor and the Bank hereby waives all and any of its rights of surety ship.
9. We (Bank Name) also undertake not to revoke this guarantee during its currency except with
the previous consent of the Employer in writing.
10. Any notice by way of request demand or otherwise hereunder may be sent by registered post
to the Bank addressed as aforesaid and if sent by registered post, it shall be deemed to have

been given at the time when it would be delivered in due course of registered post and in
proving such notice, when given by registered post, it shall be sufficient to prove that the
envelope containing the notice was posted, and a certificate signed by an officer of Employer
to the effect the envelope was so posted and received at the counter of the bank, shall be
conclusive. These present shall be governed by and construed in accordance with Indian Law.
11. Notwithstanding anything contained herein above.
a. Our liability under this guarantee shall not exceed Rs. …………..
b. This Bank Guarantee shall be valid up to ……………………..
c. We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if you serve upon us a written claim or demand on or before
…………………… (i.e. expiry of this Bank Guarantee).
Dated _____________ day of ______ 20… ________ or _______________
SIGNATURE AND SEAL OF BANK

FULL ADDRESS OF THE BANK

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SECTION II

HOSTEL BUILDING FOR ASIAN SCHOOL OF BUSINESS

GENERAL CONDITIONS OF CONTRACT

PART – A: GENERAL TERMS AND CONDITIONS .............................................................. 5

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24. Force Majeure ......................................................................................................... 38

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ANNEXURE ‘B’ - Format of indemnity bond ................................................................. 64

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PART – A: GENERAL TERMS AND CONDITIONS

(a) Standards of Bureau of Indian Standards relevant to the works

(b) Other Internationally approved Standards and/or rules and

`Contractor' shall mean the entity/firm/company/organisation whose offer in the

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Contract with ASB and this shall include their executors,

`Contract' shall mean and include the following:

a. Letter of Acceptance/Work Order issued by ASB, and

Any conditions or terms stipulated by the Tenderer in the tender

‘Days’ shall mean calendar days.

‘Drawings’/’Plans’ (a) drawings furnished by ASB /its consultant as a basis for

(b) supplementary drawings furnished by ASB/ its consultant to

(c) drawings submitted by the Contractor with his proposal

(d) drawings furnished by ASB / its Consultant to the Contractor

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during the progress of the work, and

(e) engineering data and drawings submitted by the Contractor

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and any subsequent clarifications thereof.

‘Performance and Guarantee

‘Sub-contractor’ shall mean the person/firm/company/organization to whom any part

‘Tenderer’ /‘Bidder’ shall mean the entity/firm/company/organization, which quotes

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General Conditions. These may also be referred as ‘Tender

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4. Assignment and subletting of Contract

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5. Coordination with other agencies engaged directly by ASB

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2.1.1 the convenience of the public, or

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7. Patent, intellectual property rights and royalties

8. Treasure, trove, fossils etc.

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7. These measurement sheets will be checked by the Project Manager

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10. Method of measurement

1. Method of measurements shall be as per standard specifications included in the Tender

3. The metric system of measurement shall be used exclusively in the contract.

11. Drawings and documents

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ensure safe storage and quick retrieval of these documents.

12. Discrepancies and adjustment of errors

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 Daily Manpower report

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14. ASB’s rights

a. In the event of poor progress of Work, whether actual or anticipatory, in

b. Right to withdraw any portion of Work, or to restrict/alter quantum of Work as

c. Right to vary the quantities of items or groups of items to be ordered, as may be

i. Continued poor progress of the Works

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15. Responsibilities of Contractor in respect of local laws, employment of workers, etc.

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