BID DOCUMENTS - Jamia Millia Islamia

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BID DOCUMENTS

REPLACEMENT OF Old Existing A.C Units to

NEW A.C Units Installed at Ground Floor and

1st floor reading room and provision of SITC

of 08 Nos.of tower A.C Units for 1st floor and

2nd floor Stack room converted into reading

room at Dr. Zakir Hussain Old Library, JAMIA

MILLIA ISLAMIA, NEW DELHI - 110025

Building & Construction Department

Jamia Millia Islamia

New Delhi - 110025

https://www.google.co.in/url?url=https://en.wikipedia.org/wiki/File:Jamia_Millia_Islamia_Logo.svg&rct=j&frm=1&q=&esrc=s&sa=U&ved=0CBcQwW4wAGoVChMI_aOmqI_BxwIVhCSOCh0WkwEm&usg=AFQjCNGU7_Z_X50QpMQrkvesLO8vxtHsuw

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INDEX

REPLACEMENT OF Old Existing A.C Units to

NEW A.C Units Installed at Ground Floor and


of 08 Nos.of tower A.C Units for 1st floor and

2nd floor Stack room converted into reading

room at Dr. Zakir Hussain Old Li

JAMIA MILLIA ISLAMIA.

PART- I (Commercial &Technical Bid)

S.N. PARTICULARS PAGE .

1 NIT 4-5

2 Section I,Brief Particular Of Work 6

3 Section II- Information & Instruction For Bidder 7-11

4 Section III- Information Regarding Eligibility Letter Of Transmitter

12-20

5 Specifications 21-27

6 Agreement 28 onwards (1-160)

PART- II (Financial Bid)

S.N. PARTICULARS PAGE No.

1 Note 1-2

2 Contractor Sheet 3

3 Financial Bid 1-2

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PART – I

COMMERCIAL &TECHNICAL BID DOCUMENTS

Replacement of Old Existing A.C Units to

New A.C Units Installed at Ground Floor and


of 08 Nos. of tower A.C Units for 1st floor

and 2nd floor Stack room converted into

reading room at Dr. Zakir Hussain Old Library

JAMIA MILLIA ISLAMIA

NEW DELHI - 110025



New Delhi - 110025


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Dated:- March,01,2017

Press Notice

Notice Inviting Tender

Building & Const. Department, Jamia Millia Islamia

( A central University),Jamia Nagar, New Delhi -110025

Invitation for Bid

1. The Professor In charge on behalf of the Vice Chancellor, Jamia Millia Islamia invites the bids from the specialized agencies and as

well as registered contractor in this field with CPWD/MES/P&T/RAILWAYS having valid PAN/TIN/Work contract sales tax/ESI/PF No/STCC

in two envelope system as percentage cum item rate basis for the following work:

Sl. NO. NIT No. Name of work Estimated cost Period of completion

1. JMI/NIT/No.-70/2016-17

REPLACEMENT OF Old Existing A.C Units to NEW A.C Units Installed at Ground Floor and 1st floor reading room and provision of SITC of 08 Nos. of tower A.C Units for 1st floor and 2nd floor Stack room converted into reading room at Dr. Zakir Hussain Old Library JAMIA MILLIA ISLAMIA NEW DELHI - 110025

Rs. 33,23,014/- One & half Month

2. Contractors who fulfill the following requirements shall be eligible to apply. Joint ventures are not accepted.

(a) Should have satisfactorily completed the works as mentioned below during the last Seven years ending previous day of last date of

submission of tenders.

(i) Three similar works each costing not less than Rs.13,29,206/- or two similar works each costing not less than Rs. 19,93,808/- One

similar work costing not less than Rs. 26,58,411/-

(ii)Similar work shall mean works of ( as mentioned above-1) The value of executed works shall be brought to current costing level by

enhancing the actual value of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of

applications for tenders.

(b) Should have had average annual financial turnover of Rs. 16, 61,507/- on air conditioning works during the last three years ending 31st

March 2016.

(c) Should not have incurred any loss in more than two years during the last five years ending 31st March 2016

(d) Should have a solvency of Rs.13,29,206/-

(f) Bid Document is available in the Tender Section of Building deptt.Jamia Millia Islamia & Jamia website

www.jmi.ac.in from 01.03.2017

3. Bid documents consisting of specifications, the schedule of quantities of the air conditioning work to be done and the set of terms and

conditions of contracts to be complied with the contractor whose bid may be accepted and other necessary documents can be seen in the

office of the Prof. Incharge between hours of 11.00 AM and 4.00PM from 01.03.16 to 06.02.16 Every day except Saturday, Sunday and

Jamia Holidays. Bid documents will be issued from his office, during the hours specified above, on payment Rs.1000/- ( Non refundable)

in the form of demand draft only in favour of Registrar Jamia Millia Islamia as cost of bid document.

Srl No.

Description Date & Time Place

1 Tender documents available on Jamia Millia Islamia website www.jmi.ac.in

01.03.2017 to 06.03.2017 Jamia website www.jmi.ac.in

2 Last date of issue of tender documents from the office of Building & Construction Department, Jamia Millia Islamia.

06.03.2017 till 11:00 AM Building & Construction Department, Jamia Millia Islamia.

3 Date of Pre-Bid meeting 06.03.2017 at 04:00 PM Building & Construction Department, Jamia Millia Islamia.

4 Last date of submission the tender documents, EMD, tender cost and other documents as specified in NIT.

07.03.2017 upto 11:00 AM Building & Construction Department, Jamia Millia Islamia.

5 Date & Time for opening of Technical Bid documents/ EMD & tender cost.

07.03.2017 at 11:30 AM Building & Construction Department, Jamia Millia Islamia.

6 Date and Time of opening of Financial Bid of qualified Tenderers .

Will be intimated later on to qualified contractors.

4. Applicant has to deposit Earnest Money of Rs. 66,460.00 in the form of demand draft only of a scheduled bank issued in favour

of Registrar Jamia Millia Islamia along with bid document. Without cost of bid documents (for downloaded Bid document) and

earnest money in a separate small envelope other than Bid document envelope the technical / financial bid will not be entertained.

http://www.jmi.ac.in/

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4a. To ensure due performance of the contract, performance guarantee will be obtained from successful bidder awarded the

contract for an amount of five percent of the value of the contract awarded in the form of demand draft only from a scheduled bank.

5. Application supported by prescribed annexure and the financial bid shall be placed in separate sealed envelopes each marked

“Technical Eligibility Documents” and “Financial bid” respectively. Both the above envelopes and the small envelope

containing earnest money demand draft and tender cost demand draft (for downloaded tender document) shall be submitted

together in another sealed envelope marked with document for the work of REPLACEMENT OF Old Existing A.C Units to NEW

A.C Units Installed at Ground Floor and 1st floor reading room and provision of SITC of 08 Nos. of tower A.C Units for 1st floor and

2nd floor Stack room converted into reading room at Dr. Zakir Hussain Old Library JAMIA MILLIA ISLAMIA NEW DELHI – 110025

The envelops Marked “Bid Documents” and addressed to Prof. Incharge ,Building & Const. Department, Jamia Millia Islamia, Jamia

Nagar, New Delhi -110025. The bids will be received up to 11:00 AM on 07.03.2017 in the office of Building & Construction

Department, Jamia Millia Islamia. The bid document shall be opened by the Prof. In Charge or his authorized representative in his

office on the same day at 11.30 AM. The time and date of opening of financial bid shall be communicated at a later date to qualified

contractors.

(i) Pre Bid conference shall be held in the committee room of Building & Const. Deptt. at 04.00 PM on 06.03.2017 To

clear the doubt of intending tenders, if any.

(ii) The department reserves the right to reject any prospective application without assigning any reason and to restrict

the list of qualified contractors to any number deemed suitable by

(iii) Rates quoted by the contractor will be final and no escalation in any form like 10CA, 10CC etc. shall be payable due

to increase in price of materials and labour wages etc. The contractors are advised to quote the rates keeping in

view of the above.

Prof. In Charge Superintending Engineer

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SECTION I

BRIEF PARTICULAR OF THE WORK

1. Salient details of the work for which bids are invited are as under :

Sl. No. Name of work Estimated cost Period of completion

1. REPLACEMENT OF Old Existing A.C Units to NEW A.C Units Installed at Ground Floor and 1st floor reading room and provision of SITC of 08 Nos.of tower A.C Units for 1st floor and 2nd floor Stack room converted into reading room at Dr. Zakir Hussain Old Library JAMIA MILLIA ISLAMIA NEW DELHI - 110025

Rs. 33,23,014/- One & half Month

2. The work is situated at Jamia Millia Islamia campus.

3. General features and major components of the work are as under :

(i) This work will cover to replace the old system.

(ii) The work shall be executed as per CPWD specification.

.

4. Work shall be executed according to General Conditions of Contract of Jamia Millia Islamia.

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SECTION II

INFORMATION & INSTRUCTION FOR BIDDERS

1.0 General

1.1 Letter of transmittal and forms for deciding eligibility are given in Section III.

1.2 All information called for in the enclosed forms should be furnished against the relevant columns in

the forms. If for any reason, information is furnished on a separate sheet, this fact should be

mentioned against the relevant column. Even if no information is to be provided in a column, a “nil”

or “no such case” entry should be made in that column. If any particulars/query is not applicable in

case of the bidder, it should be stated as “not applicable”. The bidders are cautioned that not giving

complete information called for in the application forms or not giving it in clear terms or making any

change in the prescribed forms or deliberately suppressing the information may result in the bid

being summarily disqualified. Bids made by telegram or telex and those received late will not be

entertained.

1.3 The bid should be type-written. The bidder should sign each page of the application/bid document.

1.4 Overwriting should be avoided. Correction, if any, should be made by neatly crossing out, initialing,

dating and rewriting. Pages of the eligibility criteria document are numbered. Additional sheets, if any

added by the contractor, should also be numbered by him. They should be submitted as a package

with signed letter of transmittal.

1.5 References, information and certificates from the respective clients certifying suitability, technical

knowledge or capability of the bidder should be signed by an officer not below the rank of Executive

Engineer or equivalent.

1.6 The bidder may furnish any additional information which he thinks is necessary to establish his

capabilities successfully complete the envisaged work. He is, however, advised not to furnish

superfluous information. No information shall be entertained after submission of eligibility criteria

document unless it is called for by the Employer.

1.7 The credentials submitted in respect of Pre qualification of the tender/tender for specialized

work by the first lowest bidder after opening of the financial bid shall be verified before

award of work. Any information furnished by the bidder found to be incorrect either immediately or

at a later date, would render him liable to be debarred from tendering/ taking up of work in Jamia

Millia Islamia. If such bidder happens to be enlisted contractor of any class in any Govt.

organization, his name shall also be recommended for removal from the approved list of

contractors.

2.0 Definitions:

2.1 In this document the following words and expressions have the meaning hereby assigned to them.

2.2 Employer : Means the Vice Chancellor Jamia Millia Islamia, acting through the Prof. Incharge

Building & Const. Deptt.JMI.

2.3 Bidder : Means the individual, proprietary firm, firm in partnership, limited company private or public

or corporation.

2.4 “Year” mean “Financial Year” unless stated otherwise.

3.0 Method of application

3.1 If the bidder is an individual, the application shall be signed by the proprietor above his full type

written name and current address.

3.2 If the bidder is a proprietary firm, the application shall be signed by the proprietor above his full

typewritten name and the full name of his firm with its current address.

3.3 If the bidder is a firm in partnership, the application shall be signed by all the partners of the firm

above their full typewritten names and current addresses, or, alternatively, by a partner holding

power of attorney for the firm. In the later case a certified copy of the power of attorney should

accompany the application. In both cases a certified copy of the partnership deed and current

address of all the partners of the firm should accompany the application.

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3.4 If the bidder is a limited company or a corporation, the application shall be signed by a duly

authorized person holding power of attorney for signing the application accompanied by a copy of the

power of attorney. The bidder should also furnish a copy of the memorandum of Articles of Association duly

attested by a Public Notary.

4.0 Final decision making authority.

The Jamia Millia Islamia reserves the right to accept or reject any bid an to annul the process and

reject all bids at any time, without assigning any reason or incurring any liability to the bidders.

5.0 Particulars Provisional

The particulars of the work given in Section I are provisional. They are liable to change and must be

considered only as advance information to assist the bidder.

6.0 Site visit

The bidder is advised to visit the site of work, at his own cost, and examine it and its surroundings to

himself collect all information that he considers necessary for proper assessment of the prospective

assignment.

7.0 Initial criteria for eligibility

7.1 The Bidder should have satisfactorily completed works during the last seven years ending previous

day of last date of submission of tenders. For this purpuse cost work shall mean gross value the

completed work including cost of material supplied by the Government /Client but excluding those

supplied free of cost. This should be certified by an officer not below the rank of Executive Engineer /

Project Manager or equivalent.

(i) Three similar works each costing not less than Rs.13,29,206/- or completed two similar works

each costing not less than Rs. 19,93,808/- Or completed one similar work costing not less

than Rs. 26,58,411/-

(ii) One work of any nature (either part of (i) above or a separate one) costing not less than

Rs. 13,29,206/- with any organization being a specialized work.

Similar work shall mean works of the Air Conditioning Plant to replacement of Ductable split

A.C. Unit and Tower Units. The value of executed works shall be brought to current costing

level by enhancing the actual value of work at simple rate of 7% per annum; calculated from

the date of completion to last date of receipt of applications for tenders.

7.2 At the time purchase of tender, the tenderer shall have to furnish an affidavit as under :

“I/We undertake and confirm that eligible similar work(s) has/have not been got executed through

another contractor on back to back basis. Further that, if such a violation comes to the notice of

Department, then I/We shall be debarred for tendering in Jamia Millia Islamia contracts in future forever.

Also, if such a violation comes to the notice of Department before date start of work, the Prof.in-Charge

shall be free to forfeit the entire amount of Earnest Money Deposit/ Performance Guarantee”.

7.3 The bidder should have had average annual financial turn over (gross) of Rs. 33,23,014/- on Air

Conditioning work during the last available three consecutive balance sheets (may range from six

to eighteen months) duly audited by Charted Accountant. Year in which no turnover is shown

would also be considered for working out the average

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7.4 The bidder should not have incurred any loss in more than two years during available last five

consecutive balance sheets, duly certified and audited by the Chartered Accountant. (Modified)

7.5 The bidding capacity of the contractor should be equal to or more than the estimated cost of the

work put to tender. The bidding capacity shall be worked out by the following formula:

Bidding Capacity = {[AxNx2] - B}

A= Maximum turnover in Air Conditioning works executed in any one year during the last five years

taking into account the completed as well as works in progress. The value of completed works

shall be brought to current costing level by enhancing at a simple rat of 7% per annum.

N= Number of years prescribed for completion of work for which bids has been invited.

B= Value of existing commitments and ongoing works to be completed during the period of

completion of work for which bids have been invited.

7.6 The bidder should have a solvency of Rs. 13, 29,206/- Certified by his Bankers.

7.7 The bidder should own Tool & Equipment to be mentioned in the list required for the proper and

timely execution of the work. Else, he should certify that he would be able to manage the equipment

by hiring etc., and submit the list of firms from whom he proposes to hire.

7.8 The bidder should have sufficient number of Technical and Administrative employees for the proper

execution of the contract. The bidder should submit a list of these employees stating clearly how

these would be involved in this work.

7.9 The bidder’s performance for each work completed in the last Seven years and in hand should be

certified by an officer not below the rank of Executive Engineer or equivalent and should be obtained

in sealed cover.

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8. Evaluation criteria

8.1 The detailed submitted by the bidders will be evaluated in the following manner.

8.1.1 The initial criteria prescribed in Para 7.1 to 7.6 above in respect of experience of similar class of

works completed, bidding capacity and financial turn over etc. will first be scrutinized and the bidder’s

eligibility for the work be determined.

8.1.2 The bidders qualifying the initial criteria as set out in Para 7.1 to 7.6 above will be evaluated for

following criteria by scoring method on the basis of details furnished by them.

(a) Financial strength (From ‘A’ & ‘B’) Maximum 20 marks

(b) Experience in similar nature of work during last 07 years Maximum 20 marks

(c) Performance on works (Form ‘E’) – Time over run Maximum 20 marks

(d) Performance on works (Form ‘E’) – Quality Maximum 15 marks

(e) Personnel and Establishment (Form “F” & “G”) Maximum 10 marks

(f) Plant & Equipment (Form “H”) Maximum 15 marks

Total 100 marks

To become eligible for short listing the bidder must secure at least fifty percent marks in each and

sixty percent marks in aggregate.

The Jamia Millia Islamia however, reserves the right to restrict the list of such qualified contractors to

any number deemed suitable by it.

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8.2 Even though any bidder may satisfy the above requirements, he would be liable to disqualification if

he has :

(a) made misleading or false representation or deliberately suppressed the information in the

forms, statements and enclosures required in the eligibility criteria document.

(b) record of poor performance such as abandoning work, not properly completing the contract,

or financial failures / weaknesses etc.

9.0 Financial information

Bidder should furnish the following financial information:

Annual financial statement for the last five year (Form “A”) and solvency certificate in (Form “B”)

10.0 Experience in works highlighting experience in similar works

10.1 Bidder should furnish the following:

(a) List of all works of similar nature successfully completed during the last seven years in

(Form “C”)

(b) List of the projects under execution or awarded in (Form “D”)

10.2 Particulars of completed works and performance of the bidder duly authenticated / certified by an

officer not below the rank of Executive Engineer or equivalent should be furnished separately for

each work completed or in progress in (Form “E”)

10.3 Information in (Form “D”) should be complete and no work should be left out.

11.0 Organisation information

Bidder is required to submit the information in respect of his organization in Forms “F” & “G”.

12.0 Tools and Equipment

Bidder should furnish the list of Tools and Equipment to be used in carrying out the work, (in Form

“H”). Details of any other Tools and Equipment required for the work may be included in Form “F”

and available with the applicant may also be indicated.

13.0 Letter of transmittal

The bidder should submit the letter of transmittal attached with the document.

14. Opening of Price bid

After evaluation of applications, a list of short listed agencies will be prepared. Thereafter the

financial bids of only the qualified and technically acceptable bidders shall be opened at the notified

time, date and place in the presence of the qualified bidders or their representatives. The bid shall

valid for a period mentioned below:

Normal works involving two - 90 days from the date of opening

Envelope system of technical bids

15. Award criteria

15.1 The employer reserves the right, without being liable for any damages or obligation to inform the

bidder to;

(a) amend the scope and value of contract to the bidder.

(b) Reject any or all the applications without assigning any reason.

15.2 Any effort on the part of the bidder or his agent to exercise influence or to pressurize the employer

would result in rejection of his bid. Canvassing of any kind is prohibited.

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SECTIN III

INFORMATION REGARDING ELIGIBILITY

LETTER OF TRANSMITTAL

Form :- ( name of Agency with Address)

Mobile No:-

Email ID

To

The Prof. In Charge



Jamia Nagar

New Delhi -110025

Subject: - Submission of bids for the work of REPLACEMENT OF Old Existing A.C Units to

NEW A.C Units Installed at Ground Floor and 1st floor reading room and provision of SITC of

08 Nos. of tower A.C Units for 1st floor and 2nd floor Stack room converted into reading room

at Dr. Zakir Hussain Old Library, JAMIA MILLIA ISLAMIA NEW DELHI – 110025

Sir,

Having examined the detailed given in press notice and bid document for the above work. I/We

hereby submit the relevant information.

1. I/we hereby certify that all the statement made and information supplied in the enclosed forms A to

H and accompanying statement are true and correct.

2. I/we have furnished all information and detail necessary for eligibility and have no further pertinent

information to supply.

3. I/we submit the requisite certified solvency certified and authorize the Prof. In charge to approach the

Bank issuing the solvency certificate to confirm the correctness thereof. I/we also authorize Pro. In

Charge to approach individual, employers, firms and corporation to verify our competence and

general reputation.

4. I/we submit the following certificates in support of our suitability, technical knowledge and capability

for having successfully completed the following works.

Name of Work Certificate from

Enclosures:

Seal of bidder

Date of submission Signature(s) of Bidder(s).

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FORM ‘A’

FINANCIAL INFORMATION

1. Financial Analysis – Details to be furnished duly supported by figures in balance sheet / profit & loss

account for the last five year duly certified by the Chartered Accountant, as submitted by the

applicant to the Income Tax Department (Copies to be attached).

Years

(i) Gross Annual turn over on air conditioning works.

(ii) Profit/Loss

II. Financial arrangements for carrying out the proposed work.

III. Solvency Certificate from Bankers of the bidder in the prescribed Form “B”.

Signature of Chartered Accountant Signature of Bidder(s).

With Seal

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FORM “B”

FORM OF BANKERS’ CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information that M/s/ Sh ………………….

………………………………………………………. Having marginally noted address, a customer of our bank

are/is respectable and can be treated as good for any engagement upto a limit of

Rs ………………………… (Rupees ………………………………………………………………………………. )

This certificate is issued without any guarantee or responsibility on the bank or any of the officers.

(Signature)

For the Bank

NOTE (1) Banker certificates should be on letter head of the Bank, sealed in cover addressed to tendering

authority.

(2) In case of partnership firm, certificate should include names of all partners as recorded with the

bank.

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FORM ‘C’

DETAILS OF ALL WORKS OF SIMILAR CLASS COMPLETED DURING THE

LAST FIVE YEARS ENDING LAST DAY OF THE MONTH…………..

S. No.

Name of Work project And Location

Owner of Sponsoring Organization

Cost of work in rupees

Date of Commen cement as per contract

Stipulated date of completion

Actual date of completion

Litigation/ Arbitration Cases Pending/ in progress with details

Name and address/ telephone number of officer to whom reference may be made

Remarks

1 2 3 4 5 6 7 8 9 10

* Indicate gross amount claimed and amount awarded by the Arbitrator.

Signature of Bidder(s)

FORM ‘D’

PROJECTS UNDER EXECUTION OR AWARDED

S. No.

Name of Work project and Location

Owner of Sponsoring Organization

Cost of work rupees

Date of commen cement as per contract

Stipulated date of completion

Upto date Percen- tage Progr- e ss of work

Slow Progress if any and reasons thereof

Name and address/ telephone number of officer to whom reference may be made

Remarks

1 2 3 4 5 6 7 8 9 10

Certified that the above list of works is complete and no work has been left out and that the information

given is correct to my knowledge and belief.


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FORM ‘E’

PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMS “B” & “C”

1. Name of work/project & location

2. Agreement no.

3. Estimated cost

4. Tendered cost

5. Date of start

6. Date of completion

(i) Stipulated date of completion

(ii) Actual date of completion

7. Amount of compensation levied for delayed completion, if any

8. Amount of reduced rate items, if any

9. Performance Report

(1) Quality of work Very Good/Good/Fair/Poor

(2) Financial soundness Very Good/Good/Fair/Poor

(3) Technical Proficiency Very Good/Good/Fair/Poor

(4) Resourcefulness Very Good/Good/Fair/Poor

(5) General Behaviour Very Good/Good/Fair/Poor

Dated: Executed Engineer or Equivalent

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FORM “F”

STRUCTURE & ORGANISATION

1. Name & Address of the bidder 2. Telephone No./Telex No./Fax No./email/website 3. Legal status of the bidder (attach copies of original document defining the legal status)

(a) An Individual

(b) A proprietary firm

(c) A firm in partnership

(d) A limited company or Corporation 4. Particulars of registration with various Government Bodies (attach attested photocopy) Organisation/Place of registration Registration No.

1.

2.

3. 5. Names and titles of Directors & Officers with designation to be concerned with this work. 6. Designation of individuals authorized to act for the organization. 7. Was the bidder ever required to suspend air conditioning work for a period of more than six months

continuously after he commenced the air conditioning work? If so, give the name of the project and reasons of suspension of work.

8. Has the bidder, or any constituent partner in case of partnership firm, ever abandoned the awarded

work before its completion? If so, give the name of project and reason for abandonment. 9. Has the bidder, or any constituent partner in case of partnership firm, ever been debarred/ black

listed for tendering in any organization at any time? If so, give details. 10. Has the bidder, or any constituent partner in case of partnership firm, ever been convicted by the

court of law? If so, give details. 11. Any other information considered necessary but not included above.


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FORM ‘G’

DETAILS OF TECHNICAL & ADMINISTRATIVE PERSONNEL TO BE EMPLOYERD FOR THE WORK

S.No. Designation Total

number Number available for this work

Name

Qualifications

Professional Experience and details of work carried out

How these would be involved in this work

Remarks

1 2 3 4 5 6 7 8 9


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FORM ‘H’ DETAILS OF TOOLS AND EQUIPMENT LIKELY

TO BE USED IN CARRYING OUT THE WORK

S. No.

Name of equipment

Nos. Capa- city or type

Age Condition

Ownership Status Current Location

Remarks

Prese ntly owned

Leased To be Purch- ased

1 2 3 4 5 6 7 8 9 10 11


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APPLICATION FORM

To The Prof. In Charge Building & Const. Department Jamia Millia Islamia Jamia Nagar New Delhi- 110025 Subject :- PURCHASE OF Tender Documents OF REPLACEMENT OF Old Existing A.C Units to NEW A.C Units Installed at Ground

Floor and 1st floor reading room and provision of SITC of 08 Nos.of tower A.C Units for 1st floor and 2nd floor Stack room converted into

reading room at Dr. Zakir Hussain Old Library, JAMIA MILLIA ISLAMIA NEW DELHI - 110025

Sir, 1. I/We am/are registered with the ( name of organization) as Class ( class of registration)

contractor/contractors and our Registration No. is …………………… It is certified that the said registration is valid as on date………………

2. “I/We am/are not registered with any government agency being a specialized work, I/We request

that permission may be granted to me/us for the purchase of tender document.

3. “I/We am/are registered contractor(s) with MES/Railways/P&T also.

Particular of the Authority, class and tender amount/limit upto which I/we am/are eligible to tender

are furnished below :

Authority Class Tendering limit

It is certified (confirmed) that this registration/these registration is/are valid as on date and we shall inform the department ourselves as soon as my / our registration expires or is cancelled/revoked. The particulars of work done are furnished/enclosed. I/We request that permission may be granted to me/us for the purchase of tender document for the Work of ……………………………..

Your faithfully,

(Contractor) (* Strike out inapplicable portion)

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A.C SPECIFICATIONS

TECHNICAL SPECIFICATIONS OF AIR-CONDITIONING SYSTEM SPLIT AIR CONDITIONERS 1.0 GENERAL 1.1 The contractor shall supply and install split system air conditioner wherever indicated. The system shall be complete in all respects and comply with the specifications as given. The spilt air conditioner shall be cooling only and of R22 / R410A. The split conditioner shall be used for rooms which are at isolated locations / away from a cluster of adjacent rooms and use of VRF unit is neither technically nor commercially viable or where the pipe length can be reduced by using split units. 2.0 CONDENSING UNITS 2.1 Each condensing unit shall be complete unit with hermetic sealed Rotary/ twin rotary compressor ( for Cassette ) or Twin Rotary/ scroll compressor for Ductable/ Cassette type unit, air cooled condenser, condenser fans with motors, internal piping, switches and internal wiring and shall be enclosed in a weather proof outdoor type housing. 2.2 The condenser coil shall be air cooled type with aluminium sine wave fins and copper tubes and necessary refrigerant connections. The copper tubes shall not be less than 1/2” O.D. as far as possible. 2.3 The condenser air fans shall be propeller type direct driven, each complete with motor. The air quantity and area of the condenser shall be adequate for working in the specified outdoor conditions. 2.4 The casing shall be fabricated from galvanized steel and finished with powder coated paint. The casing shall make the whole unit fully weather proof. Suitable for outdoor installation. 2.5 The unit shall include a remote control assembly with thermostat and starter 2.6 The necessary charge of refrigerant gas and lubricated oil shall be provided to run the system. The cost is included in the cost of unit. 4.0 COOLING UNIT 4.1 The cooling unit shall be matched to the respective condensing unit and shall consist of cooling coil, blower, filters, outer casing, drain pan, accessories etc. 4.2 The cooling coil shall have copper tubes of not less than 1/2” O.D. and continuous aluminium fins with integral collars. The tubes shall be staggered in the direction of the air flow. 4.3 The fan section shall comprise of statically and dynamically balanced centrifugal blower or propeller one , motor, drive package, mounting arrangement etc. 4.4 The unit casing shall be made of galvanized steel (For Duct ), the casing shall be insulated to lower the noise level and eliminate condensation. 5.0 REFRIGERANT PIPING 5.1 The condensing unit and evaporator unit shall be interconnected by type `L’ seamless refrigerant liquid and suction lines using flared or brazed fittings. Necessary accessories shall be incorporated in the circuit. 5.2 The suction and liquid line shall be insulated with 9/10 mm thick expanded polyethylene/ Nitrile rubber insulation

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5.3 Additional requirement of refrigerant pipe above the standard length provided by tenderer free of cost shall be covered under BOQ rate. Maximum pipe length shall be 30 m and maximum height differences between indoor and outdoor shall be 15m. 6.0 MISCELLANEOUS 6.1 The unit shall have control panel, housing the starting switches, contractor, relays etc. 6.2 Isolation pads shall be provided under the units. 6.3 Insulated drain line shall be provided from indoor unit up to drain trap. (To be priced separately) 6.4 Suitable M. S. channel supporting frame shall be provided for the condensing unit and supporting arrangement for the indoor units. 6.5 Interconnecting power and control cabling shall be provided between condensing unit and evaporator unit. The cost is inclusive of conduit piping. If cable tray is available the same may be used. 6.6 PVC flexible sleeves/ GI sheet cover may be provided to cover the insulated refrigerant piping and electrical cabling from indoor to outdoor units at additional cost 6.8 Each indoor unit shall consist of Microprocessor controller for maintaining design room conditions besides Microprocessor based thermostat for cooling. The indoor unit shall also be provided with wireless/Wired LCD type remote controller which shall memorize the latest malfunction code for ease in maintenance. The controller shall incorporate self diagnostic features. Such remote controllers associated with cassette type indoor units shall incorporate inbuilt feature to be able to change fan speed and angle of swing flap individually as desired by the user. 7.0 INSTALLATION 7.1 The split type air conditioner shall be mounted on vibration isolators and installed in accordance with the manufacturer’s recommendation such that no disturbing vibration or noise is being transmitted to the nearby structure. 7.2 Refrigerant pipes that exposed to outdoor shall be covered with GI Sheet. 7.3 All galvanized support beams, galvanized legs, galvanized hangers, anchor bolts, vibration isolators, ductworks and shall be provided for the installation of the units. 8.0 TESTING AND COMMISSIONING 8.1 After installations are completed, all air handlers shall undergo test run. Any adjustments that are needed shall be made to assure that all air handlers will operate either the required performance. Report forms to contain following minimum data listings shall include design and actual conditions for each Item mentioned below: (1) Date and time of test. (2) Air handling unit and fan coil unit make, type, name and serial number. (3) Condensing & cooling unit amperage (4) Voltage (5) Indoor unit outlet Temp (6) Indoor and Outdoor unit CFM 9.0 SPECIAL FEATURES EXPECTED FROM OF THE SPLIT UNIT It is expected that the split unit selected shall cover as far as possible the following features -- 9.1 24-Hours On/Off Timer This time shall be preset to start and stop at any time within a 24-houe period. The air conditioner starts/stops simply by pressing the On/Off timer button on the wireless remote controller. 9.2 Indoor Unit Quiet Operation

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9.3 Self-Diagnosis with Digital Display Malfunction codes are shown on the digital display panel of the remote controller or Indoor Display, for fast easy maintenance. Mandatory features. 9.4 Anti-Corrosion Treatment of Outdoor heat Exchange Fins The outdoor unit’s heat exchange fins are processed using a special anti-corrosion gold fin ODU treatment. The surface is covered with a thin acrylic resin layer to enhance the fins’ resistance. Mandatory features. 9.5 Wide-Angle Louvers (Cassette Type Air-conditioner) The smoothly curved Wide-angle Louvers provide wide airflow coverage for effective Cooling operation no matter where the indoor unit is placed in a room. 9.6 Horizontal Auto-Swing (up and down) Horizontal Auto-Swing automatically moves the louvers to the left and right to cover a room with cool air.

DX 4 Way Cassette Air-conditioning System 4 Way Cassette Air conditioning systems should be compact to get easily installed above the false ceiling. It should have inbuilt drain pump, Timer function, Self diagnosis, almost zero standby power consumption and forced operation function. Air conditioner should be capable of Individual vane control and provision for fresh air inclusion. It should be of low noise operation and fitted with BLDC motor and anti coanda Design. Suitable for operation up to 48 Deg C. It should have microprocessor based operation. Suitable for long pipe length, 30 m long and 15 m vertical distance.

DX High Wall Air Conditioning Systems High wall systems for high energy efficiency and low starting current operation.

DX Ceiling Concealed Ductable Air conditioning System These units shall be ceiling suspended with suitable supports to take care of operating weight of the unit, without causing any excessive vibration & noise. The cold air supplied by these units will be supplied to the area to be air conditioned, through duct system specified in the tender. Outdoor unit should be compact in size and consist of Twin Rotary/scroll compressor. It should have provision Timer function, Self diagnosis, almost zero standby power consumption, Filter clean indicator, Tamper proof operation, Time delay safety, memory back up, Auto Restart and weekly scheduling function. Indoor unit must be compact. Suitable for high ambient operation up to 48 deg C. Must have inbuilt protection for High Voltage, Low voltage, Phase missing, Phase reversal, Phase imbalance. It should have microprocessor based operation. Suitable for long pipe length, 30 m long and 15 m vertical distance. Suitable for 380V 415 V, 3 Phase, 50 Hz power supply operation. Fitted with High Pressure and Low pressure cut off feature for safety of air conditioner during abnormal operation.

Floor Standing type Air conditioning System These units should be inverter driven for providing maximum energy efficiency and with R22/R410A refrigerant . The outoor unit should be compact in size and consist of twin rotary / scroll compressor, it should have provision of timer function, self diagnosis, time delay safety, memory backup, Auto Restart and weekly scheduling function. Indoor unit must be compact. Suitable for high ambient operation up to 53 deg C. Must have inbuilt protection for High Voltage, Low voltage,it should have microprocessor based operation. Suitable for long pipe length, 30 m long and 15 m vertical distance. Suitable for 380V 415 V, 3 Phase, 50 Hz power supply operation. Fitted with High Pressure and Low pressure cut off feature for safety of air conditioner during abnormal operation.

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Mini Tech spec requirement for Air conditioners :

S.No Product Capacity (Btu/Hr)

CFM Indoor (H/M/L)

CFM Outdoor

Power supply EER

4 way Cassette

1 1.5 TR 18000 635/600/495 1600 220/240V, 1P, 50Hz 11.61

2 2.0 TR 23700 740/695/530 3100 220/240V, 1P, 50Hz 10.60

3 2.8 TR 33600 988/812/742 3100 380/415V,3P, 50Hz 9.88

4 4.0 TR 48000 1306/1165/1060 2700 380/415V,3P, 50Hz 9.60

High Wall Type Split AC

5 1 TR (3Star) 11500 424 989 1P/220V-240V/50Hz

6 1.5 TR (3Star) 17000 636 1483 1P/220V-240V/50Hz

7 2 TR (3Star) 21600 706 1483 1P/220V-240V/50Hz

Floor standing type unit

8 3.0 TR 36000 830/742/600

380/415V,3P, 50Hz 10.04

9 4.0 TR 48000 1342/1130/989

380/415V,3P, 50Hz 10.90

Ceiling Concealed Duct Split

10 2.7 TR 32400 1200/1152/1090 2048 380~415V,3 Phase, 50Hz

9.7

11 5.5 TR 66000 2200/2120/2010 3708 380~415V,3 Phase, 50Hz

11.8

12 8.5 TR 102000 (3400/2880/2370) 8800 380~415V,3 Phase,

50Hz 11.2

13 11.0 TR 132000 (3400/2880/2370) 11200 380~415V,3 Phase,

50Hz 10.8

14 17.0 TR 204000 (3400/2880/2370) 8800 x 2 380~415V,3 Phase,

50Hz 10.5

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LIST OF MAKE

S.No. Description Makes/Manufacturer

1 Ductable Split AC Unit Samsung / L.G./ Daikin

3 Hi-wall Split Units Samsung / L.G. / Daikin

4 Cassate AC unit Samsung / L.G. / Daikin

6 Tower Type AC Unit Samsung / L.G. / Daikin

7 Copper Pipe Maxflow/Malasiyan/Diamond

8 Copper Pipe Insulation A-flex / K-flex/ Supreme

9 Pvc Drain Pipe Polypack / Supreme/ Prince

10 Drain Pipe Insulation A-flex / K-flex/ Supreme

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Name of Work:-

Replacement of old Existing Air conditioning units to New air conditioing unit installed at Ground floor and 1st floor reading room and Provision of SITC of 08 Nos. of Tower Air conditioning unit for 1st floor and 2nd floor Stack room converted in to Reading room at Dr. Zakir Hussain Old Library, JMI

SLNo Description Qty Unit Rate Amount

1 WIRING

1.1 Wiring for circuit/ submain wiring alongwith earth wire with the following sizes of FRLS PVC insulated copper conductor, single core cable in surface/ recessed medium class PVC conduit as required.

1.1.1 4 X 6 sq. mm + 2 X 6 sq. mm earth wire 250 Metre Sub-Total 2 MCCB, MCB & DB'S 2.1 Providing and fixing following rating and breaking

capacity and pole MCCB with thermomagnetic release and terminal spreaders in existing cubicle panel board including drilling holes in cubicle panel, making connections, etc. as required.

2.1.1 400 A, 35 kA,TPMCCB 1 Each 2.2 Supplying and fixing following rating, four pole, 415 V,

isolator in the existing MCB DB complete with connections, testing and commissioning etc. as required.

2.2.1 40 A 16 Each Sub-Total 3 MR Items

3.1 Dismantling & Removing of existing indoor & Outdoor "Air Cooled Ductable type Air-conditioning Unit" and Removing of existing of copper refrigerant piping between the indoor and the outdoor unit complete with all supports,joints, refrigerant pipe insulation and accessories of the existing unit storing the same at Ground Floor (shifitng the same to Jamia Store) 8 No.

3.2 Supply of 4.0 TR Air cooled Floor standing tower A. C Unit consisting of condensing unit and indoor unit. 8 No.

3.3 Supply & Fixing of Angle Iron Frame mounting for ODU 4.0 TR Tower A.C. 8 No.

3.4 Supply & Fixing of Copper refrigerant piping between the indoor and the outdoor unit complete with all supports, joints, refrigerant pipe insulation and accessories for the tower unit. 50 Rmt

3.5 Supply & Fixing of interconnection control cable for outdoor to indoor unit. 50 Rmt

3.6 Supply & Fixing of heavy duty Draw PVC Drain pipe 25mm with insulation. 20 Rmt

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3.7 Supply,installation,testing and commissioning of copper refrigerant piping between the indoor and the outdoor unit complete with all supports,joints. refrigerant pipe insulation and accessories for the A.C. Units.Cassette A.C.Units 17.0 Tr, 11.0 Tr, 8.5 Tr & 5.50 and TFA Units 700 CFM, 600 CFM & 500 CFM 80 Rmt

3.8 Supply & Fixing of Angle Iron Frame mounting for A.C.Units. ODU of Air Cooled Ductable A.C. Unit 17.0 Tr, 11.0 Tr, 8.5 Tr & 5.50 and TFA Units 700 CFM, 600 CFM & 500 CFM 8 No.

3.9 Supply & Fixing pole boxes of SHI make etc. as reqd. 16 Each

3.1 Supply,installation,testing and commissioning of "Air Cooled Ductable type Air-conditioning Unit" consisting of Condensing Unit and Indoor Unit with isolator,control panel of the unit and all internal electrical power and accessories and ancilliary item like thermostats etc. of 17.0TR capacity Complete in all respect as per specifications.

4 Nos.

3.11 Supply,installation,testing and commissioning of "Air Cooled Ductable type Air-conditioning Unit" consisting of Condensing Unit and Indoor Unit with isolator,control panel of the unit and all internal electrical power and accessories and ancilliary item like thermostats frames etc. of 11.0 TR capacity Complete in all respect as per specifications.

4 Nos.

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AGREEMENT

Replacement of Old Existing A.C Units to

New A.C Units Installed at Ground Floor and


of 08 Nos. of tower A.C Units for 1st floor

and 2nd floor Stack room converted into

reading room at Dr. Zakir Hussain Old Library

JAMIA MILLIA ISLAMIA

NEW DELHI - 110025



New Delhi - 110025


BUILDING AND CONSTRUCTION DEPARTMENTJAMIA MILLIA ISLAMIA

———————

PERCENTAGE RATE / ITEM RATE TENDERAND

CONTRACT FOR WORKS

1. All works proposed for execution by contract will be notified in a formof invitation to tender pasted in public places and signed by officer invitingtender or by publication in newspapers as the case may be.

This form will state the work to be carried out, as well as the date forsubmitting and opening tenders and the time allowed for carrying out thework, also the amount of earnest money to be deposited with theapplication and the amount of the Security Deposit and performanceguarantee to be deposited by the successful tenderer and the percentage,if any, to be deducted from bills. Copies of the specifications, designs anddrawings and any other documents required in connection with the worksigned for the purpose of identification by the University SuperintendingEngineer shall also be open for inspection by the contractor at the office ofthe University Superintending Engineer during office hours.

2. In the event of the tender being submitted by a firm, it must be signedseparately by each partner thereof, or in the event of the absence of anypartner, it must be signed on his behalf by a person holding a power ofattorney authorizing him to do so, such power of attorney to be producedwith the tender, and it must disclose that the firm is duly registered underthe Indian Partnership Act, 1952.

3. Receipts for payment made on account of work, when executed by afirm, must also be signed by the all partners, except where the contractorsare described in their tender as a firm, in which case the receipts must besigned in the name of the firm by one of the partners, or by some otherperson having due authority to give effectual receipts for the firm.

4. Any person who submits a tender shall fill up the usual printedtender form, stating at what rate he is willing to undertake each item ofthe work. Tenders, which propose any alteration in the work specified in

General Rulesand Directions

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the said form of invitation to tender, or in the time allowed for carryingout the work, or which contain any other conditions of any sort, includingconditional rebates, will be summarily rejected. No single tender shallinclude more than one work, but contractors, who wish to tender for twoor more works, shall submit separate tender for each. Tenders shall havethe name and number of the work, to which they refer, written on theenvelopes.

The rate(s) must be quoted in decimal coinage. Amounts must bequoted in full rupees by ignoring fifty paise and considering more thanfifty paise as rupee one.

In case the lowest tendered amount (worked out on the basis ofquoted rate of individual items) of two or more contractors is same, thensuch lowest contractors may be asked to submit sealed revised offerquoting rate of each item of the schedule of quantity for all sub sections/sub heads as the case may be, but the revised quoted rate of each item ofschedule of quantity for all sub sections / sub heads should not be higherthan their respective original rate quoted already at the time of submissionof tender. The lowest tender shall be decided on the basis of revised offer.

If the revised tendered amount (worked out on the basis of quotedrate of individual items) of two or more contractors received in revised offeris again found to be equal, then the lowest tender, among such contractors,shall be decided by draw of lots in the presence of UniversitySuperintending Engineer and the lowest contractors those have quotedequal amount of their tenders.

In case of any such lowest contractor in his revised offer quotes rateof any item more than their respective original rate quoted already at thetime of submission of tender, then such revised offer shall be treatedinvalid. Such case of revised offer of the lowest contractor or case of refusalto submit revised offer by the lowest contractor shall be treated aswithdrawal of his tender before acceptance and 50% of his earnestmoney shall be forfeited.

In case all the lowest contractors those have same tendered amount(as a result of their quoted rate of individual items), refuse to submitrevised offers, then tenders are to be recalled after forfeiting 50% of EMDof each lowest contractors.

Contractor, whose earnest money is forfeited because of non-submission of revised offer, or quoting higher revised rate(s) of any item(s)

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than their respective original rate quoted already at the time of submissionof his bid shall not be allowed to participate in the retendering process ofthe work.

4A. In case of Percentage Rate Tenders, contractor shall fill up the usualprinted form, stating at what percentage below/above (in figures as wellas in words) the total estimated cost given in Schedule of Quantities atSchedule-A, he will be willing to execute the work. The tender submittedshall be treated as invalid if :—

1. The contractor does not quote percentage above/below on thetotal amount of tender or any section/ sub head of the tender.

2. The percentage above/below is not quoted in figures & wordsboth on the total amount of tender or any section/ sub head ofthe tender.

3. The percentage quoted above/below is different in figures andwords on the total amount of tender or any section/ sub headof the tender :

Tenders, which propose any alteration in the work specified in thesaid form of invitation to tender, or in the time allowed for carrying outthe work, or which contain any other condition of any sort includingconditional rebates, will be summarily rejected. No single tender shallinclude more than one work, but contractors who wish to tender for twoor more works shall submit separate tender for each. Tender shall have thename and number of the works to which they refer, written on the envelopes.

4B. In case the lowest tendered amount (estimated cost ± amount workedon the basis of percentage above/ below) of two or more contractors issame, such lowest contractors will be asked to submit sealed revised offerin the form of letter mentioning percentage above/ below on estimated costof tender including all sub sections/ sub heads as the case may be, butthe revised percentage quoted above/ below on tendered cost or on eachsub section/ sub head should not be higher than the percentage quoted atthe time of submission of tender. The lowest tender shall be decided onthe basis of revised offers.

In case any of such contractors refuses to submit revised offer, then itshall be treated as withdrawal of his tender before acceptance and 50% ofearnest money shall be forfeited.

If the revised tendered amount of two or more contractors receivedin revised offer is again found to be equal, the lowest tender, among such

Applicable forPercentage RateTender only(CPWD-7)

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contractors, shall be decided by draw of lots in the presence of UniversitySuperindenting Engineer and the lowest contractors those have quotedequal amount of their tenders.

In case all the lowest contractors those have quoted same tenderedamount, refuse to submit revised offers, then tenders are to be recalled afterforfeiting 50% of EMD of each contractor.

Contractor(s), whose earnest money is forfeited because of non-submission of revised offer, shall not be allowed to participate in the re-tendering process of the work.

5. The Officer inviting tender or his duly authorized assistant, will opentenders in the presence of any intending contractors who may be presentat the time, and will enter the amounts of the all tenders in a comparativestatement in a suitable form. In the event of a tender being accepted, theearnest money shall be retained and the contractor who shall thereuponfor the purpose of identifications for signed copies of the specifications andother documents mentioned in Rule-1. In the event of a tender beingrejected, the earnest money shall thereupon be returned to the contractorremitting the same, without any interest.

6. The officer inviting tenders shall have the right of rejecting all or any ofthe tenders and will not be bound to accept the lowest or any other tender.

7. The memorandum of work tender for and the schedule of materials,if any, to be supplied by the Jamia Millia Islamia and their issue rates, shallbe filled in and completed in the office of the University SuperintendingEngineer before the tender form is issued. If a form is issued to an intendingtenderer without having been so filled in and incomplete, he shall requestthe officer to have this done before he completes and delivers his tender.

8. The tenderers shall sign a declaration under the Official’s Secret Act,1923, for maintaining secrecy of the tender documents drawings or otherrecords connected with the work given to them. The unsuccessful tenderersshall return all the drawings given to them.

9. Use of correcting fluid anywhere in tender document is not permitted.Such tender is liable for rejection.

10. In the case of Item Rate Tenders, only rates quoted shall beconsidered. Any tender containing percentage below/above the ratesquoted is liable to be rejected. Rates quoted by the contractor in item ratetender in figures and words shall be accurately filled in so that there is nodiscrepancy in the rates written in figures and words. However, if adiscrepancy is found, the rates which correspond with he amount worked

Applicable foritem Rate Tenderonly (CPWD-8)

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out by the contractors shall unless otherwise proved be taken as correct. Ifthe amount of an item is not worked out by the contractor or it does notcorrespond with the rates written either in figures or in words, then therates quoted by the contractor in words shall be taken as correct. Wherethe rates quoted by the contractor in figures and in words tally but theamount is not worked out correctly, the rates quoted by the contractor willunless otherwise proved be taken as correct and not the amount. In eventno rate has been quoted for any item(s), leaving space both in figure(s),word(s) and amount blank, it will be presumed that the contractor hasincluded the cost of this/ these item(s) in other items and rate for suchitem(s) will be considered as zero and work will be required to be executedaccordingly.

10A. In case of Percentage Rate Tenders, only percentage quoted shallbe considered. Any tender containing item rate is liable to be rejected.Percentage quoted by the contractor in percentage rate tender shallbe accurately fil led in figures and words, so that there is nodiscrepancy.

11. In the case of any tender where unit rate of any item/items appearunrealistic, such tender will be considered as unbalanced and in case thetenderer is unable to provide satisfactory explanation such a tender is liableto be disqualified and rejected.

12. All rates shall be quoted on the tender form. The amount for each itemshould be worked out and requisite totals given. Special care should betaken to write the rates in figures as well as in words and the amount infigures only, in such a way that interpolation is not possible. The totalamount should be written both in figures and in words. In case of figures,the word ‘Rs.’ should be written before the figure of rupees and word ‘P’after the decimal figures, e.g. ‘Rs. 2.15 P’ and in case of words, the word,‘Rupees’ should precede and the word ‘Paise’ should be written at the end.Unless the rate is in whole rupees and followed by the word ‘only’ it shouldinvariably be upto two decimal places. While quoting the rate in scheduleof quantities, the word ‘only’ should be written closely following theamount and it should not be written in the next line.

12A. In Percentage Rate Tender, the tenderer shall quote percentage below/above (in figures as well as in words) at which he will be willing to executethe work. He shall also work out the total amount of his offer and the sameshould be written in figures as well as in words in such a way that no


Applicable foritem Rate Tenderonly (CPWD-8)


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interpolation is possible. In case of figures, the word ‘Rs.’ should be writtenbefore the figure of rupees and word ‘P’ after the decimal figures, e.g.‘Rs. 2.15 P’ and in case of words, the word ‘Rupees’ should precede andthe word ‘Paise’ should be written at the end. While quoting the rate, theword 'only' should be written closely following the amount and it shouldnot be written in the next line.

13. (i) The contractor whose tender is accepted, will be required tofurnish performance guarantee of 5% (Five Percent) of thetendered amount within the period specified in Schedule F. Thisguarantee shall be in the form of Banker’s cheque of anyscheduled bank/ Demand Draft of any scheduled bank/ PayOrder of any scheduled bank.

(ii) The contractor whose tender is accepted, will also be requiredto furnish by way of Security Deposit for the fulfillment of hiscontract, an amount equal to 5% of the tendered value of thework. The Security Deposit will be collected by deductionsfrom the running bills of the contractor at the rates of 10% ofgross value of RA bill and the earnest money deposited at thetime of tenders, will be treated as a part of the Security Deposit.Earnest money shall be adjusted first in the security deposit andfurther recovery of security deposit shall commence only whenthe upto date amount of security deposit starts exceeding theamount of the earnest money.

14. On acceptance of the tender, the name of the accreditedrepresentative(s) of the contractor who would be responsible for takinginstructions from the Engineer -in- Charge shall be communicated inwriting to the Engineer -in- Charge.

15. Sales tax/VAT, purchase tax, turnover tax or any other tax onmaterial in respect of this contract shall be payable by the Contractor andJamia Millia Islamia will not entertain any claim whatsoever in respect ofthe same. Service tax is not payable by the Jamia Millia Islamia as pergovernment order on the JMI Project. However, if service tax is madeapplicable on Jamia Millia Islamia Projects/Works then, the same shall bepaid by the contractor to the concerned department on demand and it willbe reimbersed to him by the Engineer –in- Charge after satisfying that ithas been actually and genuinely paid by the Contractor.

16. The contractor shall give a list of Jamia Millia Islamia employeesrelated to him.

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17. The tender for the work shall not be witnessed by a contractor orcontractors who himself/ themselves has/ have tendered or who may andhas/ have tendered for the same work. Failure to observe this conditionwould render, tenders of the contractors tendering, as well as witnessingthe tender, liable to summary rejection.

18. The tender for composite work includes, in addition to buildingwork, all other works such as sanitary and water supply installations,drainage installation electrical work, horticulture work, roads and pathsetc. The tenderer apart from being a registered contractor (B&R) ofappropriate class, must associate himself with agencies appropriate classwhich are eligible to tender for sanitary and water supply, drainage,electrical and horticulture works in the composite tender.

19. The contractor shall submit list of works which are in hand(progress) in the following form :—

Name of Name & particulars of Divn. Value of Position of RemarksWork where work is being executed Work works in progress

1 2 3 4 5

20. The contractor shall comply with the provisions of the ApprenticesAct 1961, and the rules and orders issued thereunder from time to time. Ifhe fails to do so, his failture will be a breach of the contract and theUniversity Superintending Engineer/ Executive Engineer may in hisdiscretion, without prejudice to any other right or remedy available in law,cancel the contract. The contractor shall also be liable for any precuniaryliability arising on account of any violation by him of the provisions of thesaid Act.

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PERCENTAGE RATE / ITEM RATE TENDER FOR WORKS

I/We have read and examined the notice inviting tender, ScheduleA, B, C, D, E & F Specifications applicable, Drawings & Designs, GeneralRules and Directions, Conditions of Contract, Clauses of Contract, SpecialConditions, Schedule of Rate & other documents and Rules refered to inthe Conditions of Contract and all other contents in the tender documentsfor the work.

I/We hereby tender for the execution of the work specified in theunderwritten in memorandum for the Vice-Chancellor, Jamia Millia Islamiawithin the time specified in such memorandum at the rates specifiedtherein, and in accordance in all respect with the specifications, designs,and instructions in writing referred to in Rule 1 of General Rules andDirections and in clause 11 of the conditions of contract, and with suchmaterials as are provided for, by and in respect of accordance with, suchconditions so far as applicable.

Memorandum :

(a) General Description: ___________________________________________

(b) Estimated Cost Rs._____________________________________________

(c) Earnest Money Rs._____________________________________________

(d) Security Deposit: Rs.___________________________________________

10% of the gross amount of each running bill till the sum alongwith the sum already deposited as earnest money, will amount tosecurity deposit of 5% of the tendered value of the work.

(e) Time allowed for the work from the 15th day after the date of writtenorder to commence the work within ....................... days/months.

I/We agree to keep the tender open for Ninety (90) days from the dateof opening & not to make any modifications in its terms and conditions.

Should this tender be accepted, in whole or in part, I/We herebyagree (i) to abide by and fulfill all the terms and provisions of the saidconditions annexed hereto and all the terms and provisions contained innotice inviting tender so far as applicable and/or in default thereof to forfeitand pay to the Vice-Chancellor, Jamia Millia Islamia, or his successor, inoffice, the sum of money mentioned in the said conditions.

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A Sum of Rs. as performance guarantee is hereby forwardedin Demand Draft. If I/We fail to commence the work specified in the aboveMemorandum, I/We agree that the said Vice-Chancellor or his successor inoffice shall, without prejudice to any other right or remedy, be at liberty toforfeit the said Earnest Money absolutely, otherwise the said Earnest Moneyshall be retained by him towards Security Deposit mentioned against Clause(d) of the above-mentioned Memorandum; (ii) Further if I/We fail tocommence work as specified, I/We agree that Vice-Chancellor, JMI or thesuccessors in office shall without prejudice to any other right or remedyavailable in law, be at liberty to forefeit the said performance guaranteeabsolutely. The said performance guarantee shall be a guarantee to executeall the work referred to in the tender documents upon the terms andconditions contained or referred to therein and to carry out such deviationsas may be ordered, upto a maximum of 50% at the rates quoted in tenderdocuments and those in excess of that limit at the rates to be determined inaccordance with the provisions contained in Clause 12.2 & 12.3 of the tenderform.

Further, I/We agree that in case of forfeiture of earnest money or bothEarnest Money and Performance guarantee as aforesaid. I/We shall bedebarred for participation in the re-tendering process of the work.

I/We undertake and confirm that eligible similar work(s) has/havenot been got executed through another contractor on back to back basis.Further that, if such a violation comes to the notice of JMI then I/ We shallbe debarred for tendering in JMI. in future forever. Also, if such violationcomes to notice of JMI before the date of start of work, the Engineer -in-Charge shall be free to forfeit the entire amount of Earnest Money Deposited/Performance Guarantee.

I/We hereby declare that I/We shall treat the tender documentsdrawings and other records connected with this work as secret/ confidentialdocuments and shall not communicate information derived therefrom toany person other than a person to whom I/We am/ are authorised tocommunicate the same or use the information in any manner prejudicialto the safety of the Jamia Millia Islamia/ State.

Dated .............................. Signature of ContractorPostal Address

Witness: .....................................................

Address: .....................................................

.....................................................

Occupation: .....................................................

General Rules

10

ACCEPTANCE

The above tender (as modified by you as provided in the letters mentionedhere under) is accepted by me for and on behalf of the Vice Chancellor,Jamia Millia Islamia for a sum of Rs.............. (Rupees ……………………………………...............………....................................…………..)

The letters referred to below shall form part of this contract agreement:

a)

b)

c)

Dated ......................... for & on behalf of Jamia Millia Islamia

Signature .....................................................

Seal…...........................................................

General Rules

11

CONDITIONS OF CONTRACT

1. The ‘Contract’ means the documents forming the tender and acceptancethereof and the formal agreement executed between the competentauthority on behalf of the Vice-Chancellor, Jamia Millia Islamia andthe contractor, together with the documents referred to therein includingthese conditions, the specifications, designs, drawings and instructionsissued from time to time by the Engineer -in- Charge and all thesedocuments taken together, shall be deemed to form one contract andshall be complementary to one another.

2. In the contract the following expressions shall, unless the contextotherwise requires, have the meanings, hereby respectively assignedto them.

(i) The expression ‘Works’ or ‘Work’ shall, unless there besomething either in the subject or context repugnant to suchconstruction, be construed and taken to mean the works by orby virtue of the contract contracted to be executed whethertemporary or permanent, and whether original, altered,substituted or additional.

(ii) The ‘Site’ shall mean the land or other places on, into or throughwhich work is to be executed under the contract or any adjacentland, path or street through which work is to be executed underthe contract or any adjacent land, path or street which may beallotted or used for the purpose of carrying out the contract.

(iii) The ‘Contractor’ shall mean the individual, firm or company,whether incorporated or not, undertaking the works and shallinclude the legal personal representative of such individual orthe persons composing such firm or company, or the successorsof such firm or company and the permitted assignees of suchindividual, firm or company.

(iv) The ‘Vice-Chancellor’ means the Vice-Chancellor, Jamia MilliaIslamia and his successors.

(v) The ‘Engineer-in-Charge’ means the University SuperintendingEngineer or in the absence of university SuperintendingEngineer, the officiating University Superintending Engineer,USE shall mean the University Superintending Engineer whoshall supervise and be in charge of the work and who shall signthe contract on behalf of the Vice-Chancellor, Jamia MilliaIslamia as mentioned in Schedule 'F' hereunder. It shall alsomean the project Engineer or such other person authorised bythe employer.

General Rules

Definitions

12

(vi) Jamia Millia Islamia shall mean the Vice-Chancellor of JamiaMillia Islamia.

(vii) The Registrar, means the Registrar of Jamia Millia Islamia.JMI shall mean the Jamia Millia Islamia.

(viii) Government shall mean the Central Govt./ Govt. of India.

(ix) Accepting Authority shall mean the authority mentioned inSchedule ‘F’.

(x) CPWD shall mean Central Public Works Department,Government of India.

(xi) The Professor Incharge, shall mean a Professor appointed byVice Chancellor, Jamia Millia Islamia to look the Building andContruction Department.

(xii) Excepted Risk are risks due to riots (other than those on accountof contractor’s employees), war (whether declared or not)invasion, act of foreign enemies, hostilities, civil war, rebellionrevolution, insurrection, military or usurped power, any actsof Government, damages from aircraft, acts of God, such asearthquake, lightening and unprecedented floods, and othercauses over which the contractor has no control and acceptedas such by the Accepting Authority or causes solely due to useor occupation by Jamia Millia Islamia /Government of the partof the works in respect of which a certificate of completion hasbeen issued or a cause solely due to Jamia Millia Islamia/Government’s faulty design of works.

(xiii) Market Rate shall be the rate as decided by the Engineer –in-Charge on the basis of the cost of materials and labour at thesite where the work is to be executed plus the percentagementioned in Schedule ‘F’ to cover, all overheads and profits.

(xiv) Schedule(s) referred to in these conditions shall mean therelevant schedule(s) annexed to the tender papers or theStandard Schedule of Rates of the government mentioned inSchedule ‘F’ hereunder, with the amendments thereto issuedupto the date of receipt of the tender.

(xv) District Specifications means the specifications followed by theState Government in the area where the work is to be executed.

(xvi) Tendered Value means the value of the entire work asstipulated in the letter of award.

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13

(xvii) Date of Commencement of Work: The date of commencementof work shall be the date of start as specified in schedule ‘F’ orthe first date of handing over of the site, whichever is later, inaccordance with the phasing if any, as indicated in the tenderdocument.

3. Where the context so requires, words imparting the singular only alsoinclude the plural and vice versa. Any reference to masculine gendershall whenever required include feminine gender and vice versa.

4. Headings and Marginal notes to these General Conditions of Contractshall not be deemed to form part thereof or be taken into considerationin the interpretation or construction thereof or of the contract.

5. The contractor shall be furnished, free of cost one certified copy of thecontract documents except standard specifications, Schedule of Rates andsuch other printed and published documents, together with all drawingsas may be forming part of the tender papers. None of these documentsshall be used for any purpose other than that of this contract.

6. The work to be carried out under the contract shall, except asotherwise provided in these conditions, include all labour, materials,tools, plants, equipment and transport which may be required inpreparation of and for and in the full and entire execution andcompletion of works. The descriptions given in the Schedule ofQuantities (Schedule A) shall, unless otherwise stated, be held toinclude wastage on materials, carriage and cartage, carrying andreturn of empties, hoisting, setting, fitting and fixing in position andall other labours necessary in and for the full and entire execution andcompletion of the work as aforesaid in accordance with good practiceand recognized principles.

7. The contractor shall be deemed to have satisfied himself beforetendering as to the correctness and sufficiency of his tender for theworks and of the rates and prices quoted in the Schedule ofQuantities, which rates and prices shall, except as otherwise provided,cover all his obligations under the Contract and all matters and thingsnecessary for the proper completion and maintenance of the works.

8. The several documents forming the Contract to be taken as mutuallyexplanatory of one another, detailed drawings being followed inpreference to small scale drawing and figured dimensions in preferenceto scale and special conditions in preference to General Conditions.

8.1 In the case of discrepancy between the Schedules of Quantities, theSpecifications and/or the drawing, the following order of preference

General Rules

Sufficiency ofTender

Works to beCarried out

Scope andPerformance

Discrepanciesand Adjustmentof Errors

14

shall be observed:

i) Description of schedule of quantities.

ii) Particular specification and special conditions, if any.

iii) Drawings.

iv) CPWD specifications

v) Indian Standard Specifications of B.I.S.

8.2 If there are varying or conflicting provisions made in any onedocument forming part of the contract, the Accepting Authority shallbe the deciding authority with regard to the intention of the documentand his decision shall be final and binding on the Contractor.

8.3 Any error in description, quantity or rate in schedule of quantities orany omission therefrom shall not vitiate the Contract or release theContractor from the execution of the whole or any part of the workscomprised therein according to drawings and specifications or fromany of his obligations under the contract.

9. The successful tender/ contractor, on acceptance of his tender by theAccepting Authority, shall within 15 days from the stipulted date ofstart of the work, sign the contract consisting of :—

(i) The notice inviting tender, all the documents includingdrawings, if any, forming the tender as issued at the time ofinvitaiton of tender and acceptance thereof together with anycorrespondence leading thereto.

(ii) Standard CPWD. Form as mentioned in Schedule ‘F’ consistingof:

(a) Various standard clauses with corrections upto the datestipulated in Schedule ‘F’ alongwith annexures thereto.

(b) CPWD. Safety Code.

(c) CPWD Model Rules for the protection of health, sanitaryarrangements for workers employed by Jamia MilliaIslamia or its contractors.

(d) CPWD Contractor’s Labour Regulations.

(e) List of Acts and omissions for which fines can be imposed.

(iii) No payment for the work done will be made unless contract issigned by the contractor.

General Rules

Signing ofContract

15

CLAUSES OF CONTRACT

CLAUSE 1

(i) The contractor shall submit an irrevocable Performance Guarantee of5% (Five Percent) of the tendered amount in addition to other depositsmentioned elsewhere in the contract for his proper performance of thecontract agreement, (notwithstanding and/or without prejudice to anyother provisions in the contract) within period specified in Schedule‘F’, from the date of issue of letter of acceptance. This period can befurther extended by the Engineer -in- Charge upto a maximum periodas specified in Schedule ‘F’ on written request of the contractor statingthe reason for delays in procuring the Performance Guarantee, to thesatisfaction of the Engineer-in-Charge. This guarantee shall be in theform of demand draft of any scheduled Bank/Pay Order of anyScheduled Bank.

(ii) A letter of intent shall be issued in the first instance informing thesuccessful tenderer for the decision of the competent authority toaccept his tender and the award letter shall be issued only after theperformance guarantee in the shape of Demand Draft of anyscheduled Bank/Pay Order of any scheduled Bank is received. In caseof failure by the contractor to furnish the performance guaranteewithin the specified period, Jamia Millia Islamia shall withoutprejudice to any other right or remedy available in law, be at libertyto forfeit the earnest money absolutely.

(iii) The performance guarantee shall be initially valid upto the stipulateddate of completion plus 60 days beyond that. After recording of thecompletion certificate for the work by the competent authority, theperformance guarantee shall be returned to the contractor, without anyinterest.

(iv) The Engineer -in- Charge shall not make a claim under theperformance guarantee except for amounts to which the ViceChancellor, Jamia Millia Islamia is entitled under the contract(notwithstanding and/or without prejudice to any other provision inthe contract agreement) in the event of:

a) Failure by the contractor to pay Vice Chancellor, Jamia MilliaIslamia any amount due, either as agreed by the contractor ordetermined under any of the Clauses/Conditions of the

PerformanceGuarantee

16

Agreement, within 30 days of the service of notice to this effectby Engineer -in- Charge.

(v) In the event of the contract being determined or rescinded underprovisions of any of the Clause/Condition of the agreement, theperformance guarantee shall stand forfeited in full and shall beabsolutely at the disposal of the Vice Chancellor, Jamia Millia Islamia.

CLAUSE 1A

The person/ persons whose tender(s) may be accepted (hereinafter calledthe Contractor) shall permit Jamia Millia Islamia, at the time of making anypayment to him for work done under the contract to deduct a sum at therate of 10% of the gross amount of each running and final bill till the sumalong with the sum already deposited as earnest money, will amount tosecurity deposit of 5% of the tendered value of the work. Such deductionswill be made and held by Jamia Millia Islamia by way of Security Deposit.

All compensations or the other sums of money payable by the contractorunder the terms of this contract may be deducted from, or paid by the saleof a sufficient part of his security deposit or from any sums which may bedue to or may become due to the contractor by Jamia Millia Islamia on anyaccount whatsoever and in the event of his Security Deposit being reducedby reason of any such deductions or sale as aforesaid, the contractor shallwithin 10 days make good in cash or Demand Draft of any scheduled Banksin favour of the Registrar, Jamia Millia Islamia, any sum or sums whichmay have been deducted from, or raised by sale of his security deposit orany part thereof.

The security deposit shall be collected from the running bills and the finalbill of the contractor at the rates mentioned above and the Earnest Moneydeposited at the time of tenders will be treated a part of the SecurityDeposit. Earnest Money shall be adjusted first in the security deposit andfurther recovery of security deposit shall commence only when theuptodate amount of security deposit starts exceeding the amount of theEarnest Money.

CLAUSE 2

If the contractor fails to maintain the required progress in terms of clause5 or to complete the work and clear the site on or before the contract orextended date of completion, he shall, without prejudice to any other right

Recovery ofSecurity Deposit

Compensationfor delay

Clauses of Contract

17

or remedy available under the law to the Jamia Millia Islamia on accountof such breach, pay as agreed compensation the amount calculated at therates stipulated below as the Engineer -in- Charge (whose decision inwriting shall be final and binding) may decide on the amount of tenderedvalue of the work for every completed day/month (as applicable) that theprogress remains below that specified in Clause 5 or that the work remainsincomplete.

This will also apply to items or group of items for which a separate periodof completion has been specified.

(i) Compensation for @ 1.5% per month of delay to bedelay of work : computed on per day basis.

Provided always that the total amount of compensation for delay to be paidunder this Condition shall not exceed 10% of the Tendered Value of workor of the Tendered Value of the item or group of items of work for whicha separate period of completion is originally given.

The amount of compensation may be adjusted or set-off against any sumpayable to the Contractor under this or any other contract with the JamiaMillia Islamia. In case, the contractor does not achieve a particular milestonementioned in schedule-F, or the rescheduled milestone(s) in terms of Clause5.4, the amount shown against that milestone shall be withheld, to beadjusted against the compensation levied at the final grant of Extension ofTime. Withholding of this amount on failure to achieve a milestone, shallbe automatic without any notice to the contractor. However, if the contractorcatches up with the progress of work on the subsequent milestone(s), thewithheld amount shall be released. In case the contractor fails to make upfor the delay in subsequent milestone(s), amount mentioned against eachmilestone missed subsequently also shall be withheld. However, nointerest, whatsoever, shall be payable on such withheld amount.

CLAUSE 2A

This clause is not applicable in all works being executed in Jamia MilliaIslamia.

CLAUSE 3

Subject to other provisions contained in this clause, the Engineer -in-Charge may, without prejudice to his any other rights or remedy againstthe contractor in respect of any delay, inferior workmanship, any claimsfor damages and/or any other provisions of this contract or otherwise, and

When contractcan bedetermined

Clauses of Contract

18

whether the date of completion has or has not elapsed, by notice in writingabsolutely determine the contract in any of the following cases:

(i) If the contractor is having been given by the Engineer -in- Chargea notice in writing to rectify, reconstruct or replace any defectivework or that the work is being performed in an inefficient orotherwise improper or unworkmanlike manner shall omit tocomply with the requirement of such notice for a period of sevendays thereafter.

(ii) If the contractor has, without reasonable cause, suspended theprogress of the work or has failed to proceed with the work with duediligence so that in the opinion of the Engineer -in- Charge (whichshall be final and binding) he will be unable to secure completion ofthe work by the date for completion and continues to do so after anotice in writing of seven day from the Engineer -in- Charge.

(iii) If the contractor fails to complete the work within the stipulated dateor items of work with individual date of completion, if any stipulated,on or before such date(s) of completion and does not complete themwithin the period specified in a notice given in writing in that behalfby the Engineer -in- Charge.

(iv) If the contractor persistently neglects to carry out his obligations underthe contract and/or commits default in complying with any of theterms and conditions of the contract and does not remedy it or takeeffective steps to remedy it within 7 days after a notice in writing isgiven to him in that behalf by the Engineer-in-Charge.

(v) If the contractor shall offer or give or agree to give to any person inJamia Millia Islamia service or to any other person on his behalf anygift or consideration of any kind as an inducement or reward for doingor forbearing to do or for having done or forborne to do any act inrelation to the obtaining or execution of this or any other contract forJamia Millia Islamia.

(vi) If the contractor shall enter into a contract with Jamia Millia Islamiain connection with which commission has been paid or agreed to bepaid by him or to his knowledge, unless the particulars of any suchcommission and the terms of payment thereof have been previouslydisclosed in writing to the Engineer -in- Charge.

Clauses of Contract

19

(vii) If the contractor had secured the contract with Jamia Millia Islamia asa result of wrong tendering or other non-bonafide methods ofcompetitive tendering or commits breach of integrity Agreement.

(viii) If the contractor being an individual, or if a firm, any partner thereofshall at any time be adjudged insolvent or have a receiving order ororder for administration of his estate made against him or shall takeany proceedings for liquidation or composition (other than a voluntaryliquidation for the purpose of amalgamation or reconstruction) underany Insolvency Act for the time being in force or make any conveyanceor assignment of his effects or composition or arrangement for thebenefit of his creditors or purport so to do, or if any application bemade under any Insolvency Act for the time being in force for thesequestration of his estate or if a trust deed be executed by him forbenefit of his creditors.

(ix) If the contractor being a company shall pass a resolution or the courtshall make an order that the company shall be wound up or if areceiver or a manager on behalf of a creditor shall be appointed or ifcircumstances shall arise which entitle the court or the creditor toappoint a receiver or a manager or which entitle the court to make awinding up order.

(x) If the contractor commits any acts mentioned in clause 21 hereof.

(xi) If the contractor shall suffer an execution being levied on his goodsand allow it to be continued for a period of 21 days.

(xii) If the contractor assigns, transfers, sublets (engagement of labour ona piece-work basis or of labour with materials not to be incorporatedin the work, shall not be deemed to be subleting) or otherwise partswith or attempts to assign, transfer, sublet or otherwise parts with theentire works or any portion thereof without prior written approvalof the Engineer -in- Charge.

When the contractor has made himself liable for action under any ofthe cases aforesaid, the Engineer -in- Charge on behalf of the Vice-Chancellor, Jamia Millia Islamia shall have powers:

a) To determine the contract as aforesaid (of which termination noticein writing to the contractor under the hand of Engineer -in- Chargeshall be conclusive evidence). Upon such determination, theEarnest Money Deposit, security deposit already recovered andPerformance Guarantee under the contract shall be liable to be

Clauses of Contract

20

forfeited and shall be absolutely at the disposal of the Jamia MilliaIslamia.

b) After giving notice to the contractor to measure up the workof the contractor and to take such whole, or the balance or partthereof, as shall be un-executed out of his hands and to give itto another contractor to complete the work. The contractor,whose contract is determined as above, shall not be allowedto participate in the tendering process for the balance work.

In the event of the above courses being adopted by theEngineer-in-Charge, the contractor shall have no claim tocompensation for any loss sustained by him by reasons of hishaving purchase or procured any materials or entered into anyengagements or made any advances on account or with a view tothe execution of the work or the performance of the contract. Andin case action is taken under any of the provision aforesaid, thecontractor shall not be entitled to recover or be paid any sum forany work thereof or actually performed under this contract unlessand until the Engineer -in- Charge has certified in writing theperformance of such work and the value payable in respect thereofand he shall only be entitled to be paid the value so certified.

(xiii) If the work is not started by the contractor within 1/8th of thestipulated time.

CLAUSE 3A

In case, the work cannot be started due to reasons not within the control ofthe contractor within 1/8th of the stipulated time for completion of workor one month whichever is either party may close the contract. In casecontractor wants to close the contract, he shall give notice to the departmentstating the failure on the part of department. In such eventuality the morePerformance Guarantee of the contractor shall be refunded, but no paymenton account of interest, loss of profit or damages etc. shall be payable at all.

CLAUSE 4

In any case in which any of the powers conferred upon the Engineer -in-Charge by clause 3 thereof, shall have become exercisable and the sameare not exercised, the non exercise thereof shall not constitute a waiver ofany of the conditions hereof and such powers shall notwithstanding beexercisable in the event of any future case of default by the contractor andthe liability of the contractor for compensation shall remain unaffected. Inthe event of the Engineer -in- Charge putting in force all or any of the

Contractor liable topay compensationeven if action nottaken under Clause-3. Power to take pos-session of or requireremoval of or sellcontractor’s plant.

Clauses of Contract

21

powers vested in him under the preceding clause he may, if he so desiresafter giving a notice in writing to the contractor, take possession of (or atthe sole discretion of the Engineer -in- Charge which shall be final andbinding on the contractor) use as on hire (the amount of the hire moneybeing also in the final determination of the Engineer-in-Charge) all or anytools plants, materials and stores, in or upon the works, or the site thereofbelonging to the contractor, or procured by the contractor and intended tobe used for the execution of the work/or any part thereof, paying orallowing for the same in account at the contract rates or, in the case of thesenot being applicable, at current market rates to be certified by the Engineer-in- Charge, whose certificate thereof shall be final and binding on thecontractor, clerk of the works, foreman or other authorized agent to removesuch tools, plants, materials, or stores from the premises (within a time tobe specified in such notice) in the event of the contractor failing to complywith any such requisition, the Engineer -in- Charge may remove them atthe contractor’s expense or sell them by auction or private sale on accountof the contractor and his risk in all respects and the certificate of theEngineer -in- Charge as to the expenses of any such removal and the amountof the proceeds and expenses of any such sale shall be final and conclusiveagainst the contractor.

CLAUSE 5If the contractor shall desire an extension of time for completion of the workon the grounds of this having been unavoidably hindered in his executionor on any other ground he shall apply in writing to the UniversitySuperintending Engineer within 30 days of the date of hindrance on accountof which he desires such extension as aforesaid, and the UniversitySuperintending Engineer shall, if in his opinion (which shall be final)reasonable grounds be shown therefore, authorize such extension of time,if any, as may, in his opinion, be necessary or proper.

The time allowed for execution of the works as specified in theSchedule ‘F’ or the extended time in accordance with these conditions shallbe the essence of the contract. The execution of the works shall commencefrom the 15th day or such time period as mentioned in letter of Award afterthe date on which the Engineer -in- Charge issues written orders tocommence the work or from the date of handing over of the site whicheveris later. If the contractor commits default in commencing the execution ofthe work as aforesaid, Jamia Millia Islamia shall without prejudice to anyother right or remedy available in law, be at liberty to forfeit the earnestmoney and performance guarantee absolutely.

Time andextension fordelay

Clauses of Contract

22

5.1 As soon as possible after the contract is concluded, the Contractorshall submit a time and progress Chart for each milestone and get itapproved by the Department. The chart shall be prepared in directrelation to the time stated in the Contract documents for completionof items of the works. It shall indicate the forecast of the dates ofcommencement and completion of various trades of sections of thework and may be amended as necessary by agreement between theEngineer -in- Charge and the Contractor within the limitations of timeimposed in the Contract documents, and further to ensure goodprogress during the execution of the work, the contractor shall in allcases in which the time allowed for any work, exceeds one month (savefor special jobs for which a separate programme has been agreedupon) complete the work as per milestones given, in Schedule ‘F’.

5.2 If the work(s) be delayed by:

(i) force majeure, or

(ii) abnormally bad weather, or

(iii) serious loss or damage by fire, or

(iv) civil commotion, local commotion of workmen, strike orlockout, affecting any of the trades employed on the work, or

(v) delay on the part of other contractors or tradesmen engaged byEngineer -in- Charge in executing work not forming part of theContract, or

(vi) non-availability of stores, which are the responsibility of JamiaMillia Islamia to supply, or

(vii) non-availability or break down of tools and Plant to be suppliedor supplied by Jamia Millia Islamia, or

(viii) any other cause which, in the absolute discretion of theEngineer -in- Charge is beyond the Contractor’s control,

then upon the happening of any such event causing delay, theContractor shall immediately give notice thereof in writing to the authorityas indicated in Schedule 'F' but shall nevertheless use constantly his bestendeavors to prevent or make good the delay and shall do all that may beresonably required to the satisfaction of the Engineer -in- Charge to proceedthe works.

5.3 Request for rescheduling of milestones and extension of time, to beeligible for consideration, shall be made by the Contractor in writing

Clauses of Contract

23

within fourteen days of the happening of the event causing delay onthe prescribed form to the authority as indicated in Schedule 'F'. TheContractor may also, if practicable, indicate in such a request theperiod for which extension is desired.

5.4 In any such case the authority mentioned in Schedule ‘F’ may give afair and reasonable extension of time and reschedule the milestonesfor completion of work. Such extension or rescheduling of themilestones shall be communicated to the Contractor by the authorityas indicated in Schedule 'F' in writing, within 3 months or 4 weeks ofthe date of receipt of such request respectively. Non application bythe contractor for extension of time/ rescheduling of themilestones.shall not be a bar for giving a fair and reasonableextension/ rescheduling of the milestones by the authority asindicated in Schedule 'F' and this shall be binding on the contractor.

CLAUSE 6

Engineer -in- Charge shall, except as otherwise provided, ascertain anddetermine by measurement, the value in accordance with the contract ofwork done.

All meausrement of all items having financial value shall be entered inMeasurement Book and/or level field book so that a complete record isobtained of all works performed under the contract.

All measurements and levels shall be taken jointly by the Engineer -in-Charge or his authorised representative and by the contractor or hisauthorised representative from time to time during the progress of the workand such measurements shall be signed and dated by the Engineer -in-Charge and the contractor or their representatives in token of their acceptance.If the contractor objects to any of the measurements recorded, a note shall bemade to that effect with reason and signed by both the parties.

If for any reason the contractor or his authorised representative is notavailable and the work of recording measurements is suspended by theEngineer -in- Charge or his representative, the Engineer -in- Charge andthe Department shall not entertain any claim from contractor for any lossor damages on this account. If the contractor or his authorised representativedoes not remain present at the time of such measurements after thecontractor or his authorised representative has been given a notice inwriting three (3) days in advance or fails to countersign or to recordobjection within a week from the date of the measurement, then suchmeasurements recorded in his absence by the Engineer -in- Charge or hisrepresentative shall be deemed to be accepted by the Contractor.

Measurement ofwork done

Clauses of Contract

24

The contractor shall, without extra charge, provide all assistance with everyappliance, labour and other things necessary for measurements andrecording levels.

Except where any general or detailed description of the work expresslyshows to the contrary, measurements shall be taken in accordance with theprocedure set forth in the specifications notwithstanding any provision inthe relevant Standard Method of measurement or any general or localcustom. In the case of items which are not covered by specifications,measurements shall be taken in accordance with the relevant standardmethod of measurement issued by the Bureau of Indian Standards and iffor any item no such standard is available, then a mutually agreed methodshall be followed.

The contractor shall give, not less than seven days’ notice to the Engineer-in- Charge or his authorised representative incharge of the work, beforecovering up or otherwise placing beyond the reach of measurement anywork in order that the same may be measured and correct dimensionsthereof be taken before the same is covered up or placed beyond the reachof measurement and shall not cover up and place beyond reach ofmeasurement any work without consent in writing of the Engineer -in-Charge or his authorised representative incharge of the work who shallwithin the aforesaid period of seven days inspect the work, and if any workshall be covered up or placed beyond the reach of measurements withoutsuch notice having been given or the Engineer -in- Charge’s consent beingobtained in writing, the same shall be uncovered at the Contractor’s expense,or in default thereof no payment or allowance shall be made for such workor the materials with which the same was executed.

Engineer -in- Charge or his authorised representative may cause eitherthemselves or through another officer of the department to check themeasurements recorded jointly or otherwise as aforesaid and allprovisions stipulated herein above shall be applicable to such checking ofmeasurements or levels.

It is also a term of this contract that recording of measurements of any itemof work in the measurement book and/or its payment in the interim, onaccount or final bill shall not be considered as conclusive evidence as tothe sufficiency of any work or material to which it relates nor shall it relievethe contractor from liabilities from any over measurement or defects noticedtill completion of the defects liability period.

CLAUSE 6A

This clause is not applicable presently in JMI.

Clauses of Contract

Notice to begiven beforework is coveredup

25

CLAUSE 7

No payment shall be made for work, estimated to cost Rupees TwentyThousand or less till after the whole of the work shall have been completedand certificate of completion given. For works estimated to cost over RupeesTwenty Thousand, the interim or running account bills shall be submittedby the contractor for the work executed on the basis of such recordedmeasurements on the format of the Department in triplicate on or beforethe date of every month fixed for the same by the Engineer -in- Charge.The contractor shall not be entitled to be paid any such interim payment ifthe gross work done together with net payment/ adjustment of advancesfor material collected, if any, since the last such payment is less than theamount specified in Schedule ‘F’, in which case the interim bill shall beprepared on the appointed date of the month after the requisite progressis achieved. Engineer -in- Charge shall arrange to have the bill verified bytaking or causing to be taken, where necessary, the requisite measurementsof the work. In the event of the failure of the contractor to submit the bills,Engineer -in- Charge shall prepare or cause to be prepared such bills inwhich event no claims whatsoever due to delays on payment including thatof interest shall be payable to the contractor. Payment on account of amountadmissible shall be made by the Engineer -in- Charge certifying the sumto which the contractor is considered entitled by way of interim paymentat such rates as decided by the Engineer -in- Charge. The amountadmissible shall be paid by 10th working day after the day of presentationof the bill by the Contractor to the Engineer -in- Charge or his Asstt.Executive Engineer/ Asstt. Engineer together with the account of thematerial issued by department, or dismantled materials, if any.

All such interim payments shall be regarded as payment by way ofadvances against final payment only and shall not preclude the requiringof bad, unsound and imperfect or unskilled work to be rejected, removed,taken away and reconstructed or re-erected. Any certificate given by theEngineer -in- Charge relating to the work done or materials deliveredforming part of such payment, may be modified or corrected by anysubsequent such certificate(s) or by the final certificate and shall not by itselfbe conclusive evidence that any work or materials to which it relates is/are in accordance with the contract and specifications. Any such interimpayment, or any part thereof shall not in any respect conclude, determineor affect in any way powers of the Engineer -in- Charge under the contractor any of such payments be treated as final settlement and adjustment ofaccounts or in any way vary or affect the contract.

Clauses of Contract

Payment onIntermediateCertificate tobe Regardedas Advances

26

Pending consideration of extension of date of completion, interimpayments shall continue to be made as herein provided without prejudiceto the right of the department to take action under the terms of this contractfor delay in the completion of work, if the extension of date of completionis not granted by the competent authority.

The Engineer -in- Charge in his sole discretion on the basis of a certificatefrom the Asstt. Executive Engineer/Asstt. Engineer to the effect that thework has been completed upto the level in question make interim advancepayments without detailed measurements for work done (other thanfoundations, items to be covered under finishing items) upto lintel level(including sunshade etc.) and slab level, for each floor working out at 75%of the assessed value. The advance payments so allowed shall be adjustedin the subsequent interim bill by taking detailed measurements thereof.

CLAUSE 7(I)

The Contractor shall submit all bills on the format of the Department intriplicate and the charges in the bills shall always be entered at the ratesspecified in the tender or in the case of any extra work ordered in pursuanceof these conditions and not mentioned or provide for in tender at rateshereinafter provided for such work.

CLAUSE 7(II)A bill shall be submitted by the contractor each month on or before the datefixed by the Engineer -in- Charge for all works executed in the previousmonth and the Engineer -in- Charge shall take or cause to be taken therequisite measurement for the purpose of having the same verified and theclaim, as far as admissible, adjusted as far as possible, before the expiry often days from the presentation of bill.

If the contractor does not submit the bill within the time fixed as aforesaidthe Engineer -in- Charge may depute within seven days of the date fixedas aforesaid, a subordinate to measure up the said work in the presence ofthe contractor whose countersign to the measurement list will be sufficientwarrant and the Engineer -in- Charge may prepare a bill from such list.

CLAUSE 8

Within ten days of the completion of the work, the contractor shall givenotice of such completion to the Engineer -in- Charge and within thirty daysof the receipt of such notice, the Engineer -in- Charge shall inspect the workand if there is no defect in the work, shall furnish the contractor with a final

Bill to besubmittedmonthly

CompletionCertificate andCompletionPlans

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27

certificate of completion, otherwise a provisional certificate of physicalcompletion indicating defects (a) to be rectified by the contractor and/or(b) for which payment will be made at reduced rates, shall be issued. Butno final certificate of completion shall be issued, nor shall the work beconsidered to be complete until the contractor shall have removed fromthe premises on which the work shall be executed all scaffolding, surplusmaterials, rubbish and all huts and sanitary arrangements required for his/their work people on the site in connection with the execution of the worksas shall have been erected or constructed by the contractor(s) and cleanedoff the dirt from all wood work, doors, windows, walls, floor or other partsof any building, in, upon or about which the work is to be executed or ofwhich he may have had possession for the purpose of the execution;thereof, and not until the work shall have been measured by the Engineer-in- Charge. If the contractor shall fail to comply with the requirements ofthis Clause as to the removal of scaffolding, surplus materials and rubbishand all huts and sanitary arrangements as aforesaid and cleaning off dirton or before the date fixed for the completion of the work, the Engineer -in- Charge may at the expense of the contractor remove such scaffolding,surplus materials and rubbish etc., and dispose off the same as he thinksfit and clean off such dirt as aforesaid, and the contractor shall have noclaim in respect of scaffolding or surplus materials as aforesaid except forany sum actually realized by the sale thereof.

Before taking any measurement of any works as has been referred to inClauses 6, 7 and 8 thereof, the Engineer -in- Charge or a subordinatedeputed by him shall give reasonable notice to the contractor. If thecontractor fails to attend at the measurements after such notice or fails tocountersign or to record the difference within a week from the date ofmeasurement in the manner required by the Engineer -in- Charge then inany such event the measurements taken by the Engineer -in- Charge or bythe subordinate deputed by him, as the case may be, shall be final andbinding on the contractor and the contractor shall have no right to disputethe same.

CLAUSE 8A

When the annual repairs and maintenance works are carried out, thesplashes and droppings from white washing, colour washing, painting etc.,on walls, floor, doors, windows, etc. shall be removed and the surfacecleaned simultaneously with the completion of these items of work in theindividual rooms, quarters or premises etc., where the work is donewithout waiting for the actual completion of all the other items of work in

Contractor tokeep site clean

Contractor to begiven two weekto file objectionsto themeasurementrecorded by theDepartment

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the contract. In case the contractor fails to comply with the requirements ofthis clause, the Engineer -in- Charge shall have the right to get this workdone at the cost of the contractor either departmentally or through any otheragency. Before taking such action, the Engineer -in- Charge shall give tendays notice in writing to the contractor.

CLAUSE 8B

The contractor shall submit completion plan as required vide GeneralSpecifications for Electrical Works (Part-I internal) 2013/2005 as applicablewithin thirty days of the completion of the work.

In case, the contractor fails to submit the completion plan as aforesaid, heshall be liable to pay a sum equivalent to 2.5% of the value of the worksubject to a ceiling of Rs. 15,000 (Rupees Fifteen Thousand only) as maybe fixed by the University Superintending Engineer concerned and in thisrespect the decision of the University Superintending Engineer shall be finaland binding on the contractor.

The contractor shall submit completion plan for water, sewerage anddrainage line plan within thirty days of the completion of the work.

In case, the contractor fails to submit the completion plan as aforesaid, thedepartment will get it done through other agency at his cost and actualexpenses incurred plus Rs. 15,000/- for the same shall be recovered fromthe contractor.

CLAUSE 9

The final bill shall be submitted by the contractor in the same manner asspecified in interim bills within three months of physical completion of thework or within one month of the date of the final certificate of completionfurnished by the Engineer -in- Charge whichever is earlier. No furtherclaims shall be made by the contractor after submission of the final bill andthese shall be deemed to have been waived and extinguished. Paymentsof those items of the bill in respect of which there is no dispute and of itemsin dispute, for quantities and rates as approved by Engineer -in- Charge,will, as far as possible be made within the period specified hereinunder,the period being reckoned from the date of receipt of the bill by theEngineer -in- Charge or his authorised Asstt. Executive Engineer/ Asstt.Engineer, complete with account of materials issued by the Department anddismantled materials.

Payment ofFinal Bill

Clauses of Contract

Completionplans to besubmitted by theContractor

29

(i) If the Tendered value of work is upto (Rs. 25 lakhs) : 3 months

(ii) If the Tendered value of work exceeds (Rs. 25 lakhs) : 6 months

CLAUSE 9A

Payments due to the contractor may, if so desired by him, be made to hisbank instead of direct to him provided that the contractor furnishes to theEngineer -in- Charge (1) an authorization in the form of a legally validdocument such as power of attorney conferring authority on the bank toreceive payment and (2) his own acceptance of the correctness of the amountmade out as being due to him by University or his signature on the bill orother claim preferred against University before settlement by the Engineer-in- Charge of the account or claim by payment to the bank. While the receiptgiven by such bank shall constitute a full and sufficient discharge for thepayment, the contractor shall, wherever possible present his bills dulyreceipted and discharged through his bank.

Nothing herein contained shall operate to create in favour of the bank anyrights or equities vis-à-vis the Vice Chancellor, Jamia Millia Islamia.

CLAUSE 10

Materials, which Jamia Millia Islamia will supply are shown in Schedule‘B’ which also stipulates quantum, place of issue and rate(s) to be chargedin respect thereof. The contractor shall be bound to procure them from theEngineer-in-Charge.

As soon as the work is awarded, the contractor shall finalise the programmefor the completion of work as per clause 5 of this contract and shall givehis estimates of materials required on the basis of drawings/or scheduleof quantities of the work. The contractor shall give in writing hisrequirement to the Engineer -in- Charge which shall be issued to himkeeping in view the progress of work as assessed by the Engineer-in-Charge, in accordance with the agreed phased programme of workindicating monthly requirements of various materials. The contractor shallplace his indent in writing for issue of such materials at least 7 days inadvance of his requirement.

Such materials shall be supplied for the purpose of the contract only andthe values of the materials so supplied at the rates specified in the aforesaidschedule shall be set of or deducted, as and when materials are consumedin items of work (including normal wastage) for which payment is beingmade to the contractor, from any sum then due or which may therefore

Clauses of Contract

Payment ofContractor’s Billsto Banks

Materialssupplied byJamia MilliaIslamia

30

become due to the contractor under the contract or otherwise or from thesecurity deposit. At the time of submission of bills the contractor shallcertify that balances of materials supplied is available at site in originalgood condition.

The contractor shall submit along with every running bill (on account orinterim bill) material-wise reconciliation statements supported by completecalculations reconciling total issue, total consumption and certified balance(diameter/section-wise in the case of steel) and resulting variations andreasons therefore. Engineer -in- Charge shall (whose decision shall be finaland binding on the contractor) be within his rights to follow the procedureof recovery in clause 42 at any stage of the work if reconciliation is notfound to be satisfactory.

The contractor shall bear the cost of getting the material issued, loading,transporting to site, unloading, storing under cover as required, cuttingassembling and joining the several parts together as necessary.Notwithstanding anything to the contrary contained in any other clause ofthe contract and/ (or the CPWA Code) all stores/materials so supplied tothe contractor or procured with the assistance of the Jamia Millia Islamiashall remain the absolute property of Jamia Millia Islamia and thecontractor shall be the trustee of the stores/materials, and the said stores/materials shall not be removed/disposed off from the site of the work onany account and shall be all times open to inspection by the Engineer -in-Charge or his authorised agent. Any such stores/ materials remainingunused shall be returned to the Engineer -in- Charge in as good conditionin which they were originally supplied at a place directed by him, at a placeof issue or any other place specified by him as he shall require, but in caseit is decided not to take back the stores/materials the contractor shall havenot claim for compensation on any account of such stores/ materials sosupplied to him as aforesaid and not used by him or for any wastage in ordamage to in such stores/materials.

On being required to return the stores/materials, the contractor shall handover the stores/materials on being paid or credited such price as theEngineer -in- Charge shall determine, having due regard to the conditionof the stores/materials. The price allowed for credit to the contractor,however, shall be at the prevailing market rate not exceeding the amountcharged to him, excluding the storage charge, if any. The decision of theEngineer -in- Charge shall be final and conclusive. In the event of breachof the aforesaid condition, the contractor shall in addition to throwinghimself open to account for contravention of the terms of the licenses or

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31

permit and/or for criminal breach of trust, be liable to Jamia Millia Islamiafor all advantages or profits resulting or which in the usual course wouldhave resulted to him by reason of such breach. Provided that the contractorshall in no case be entitled to any compensation or damages on account ofany delay in supply or non-supply thereof all or any such materials andstores provided further that the contractor shall be bound to execute theentire work if the materials are supplied by he Jamia Millia Islamia withinthe original scheduled time for completion of the work plus 50% thereofor schedule time plus 6 months whichever is more if the time of completionof the work exceeds 12 months, but if a part of the materials only has beensupplied within the aforesaid period, then the contractor shall be boundto do so much of the work as may be possible with the materials and storessupplied in the aforesaid period. For the completion of rest of the work,the contractor shall be entitled to such extension of time as may bedetermined by the Engineer -in-Charge whose decision in this regard shallbe final and binding on the contractor.

The contractor shall see that only the required quantities of materials aregot issued. Any such material remaining unused and in perfectly good/original condition at the time of completion or determination of the contractshall be returned to the Engineer -in- Charge at the stores from which itwas issued or at a place directed by him by a notice in writing. Thecontractor shall not be entitled for loading, transporting, unloading andstocking of such unused material except for the extra lead, if any involved,beyond the original place of issue.

CLAUSE 10A

The contractor shall, at his own expense, provide all materials, requiredfor the works other than those which are stipulated to be supplied by theJamia Millia Islamia.

The contractor shall, at his own expense and without delay, supply to theEngineer -in- Charge samples of materials to be used on the work and shallget these approved in advance. All such materials to be provided by thecontractor shall be in conformity with the specifications laid down orreferred to in the contract. The contractor shall, if requested by the Engineer-in- Charge furnish proof, to the satisfaction of the Engineer -in- Charge thatthe materials so comply. The Engineer -in- Charge shall within thirty daysof supply of samples or within such further period as he may requireintimate to the contractor in writing whether samples are approved by himor not. If samples are not approved, the contractor shall forthwith arrange

Materials to beprovided by theContractor

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32

to supply to the Engineer -in- Charge for his approval, fresh samplescomplying with the specifications laid down in the contract. Whenmaterials are required to be tested in accordance with specifications,approval of the Engineer -in- Charge shall be issued after the test resultsare received.

The contractor shall at his risk and cost submit the samples of materials tobe tested or analyzed and shall not make use of or incorporate in the workany materials represented by the samples until the required tests or analysishave been made and materials finally accepted by the Engineer-in-Charge.The contractor shall not be eligible for any claim or compensation eitherarising out of any delay in the work or due to any corrective measuresrequired to be taken on account of and as a result of testing of materials.

The contractor shall, at his risk and cost, make all arrangements and shallprovide all facilities as the Engineer -in- Charge may require for collecting,and preparing the required number of samples for such tests at such timeand to such place or places as may be directed by the Engineer -in- Chargeand bear all charges and cost of testing unless specifically provided forotherwise elsewhere in the contract or specifications. The Engineer -in-Charge or his authorized representative shall at all times have access tothe works and to all workshops and places where work is being preparedor from where materials, manufactured articles or machinery are beingobtained for the works and the contractor shall afford every facility andevery assistance in obtaining the right to such access.

The Engineer -in- Charge shall have full powers to require the removal fromthe premises of all materials which in his opinion are not in accordancewith the specifications and in case of default the Engineer -in- Charge shallbe at liberty to employ at the expense of the contractor, other persons toremove the same without being answerable or accountable for any loss ordamage that may happen or arise to such materials. The Engineer -in-Charge shall also have full powers to require other proper materials to besubstituted thereof and in case of default, the Engineer -in- Charge maycause the same to be supplied and all costs which may attend such removaland substitution shall be borne by the contractor.

The contractor shall at his own expenses, provide a material testing lab atthe site for conducting routine field tests. The lab shall be quipped at leastwith the testing equipment as specified in Schedule-F.

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CLAUSE 10B

The contractor, on signing an indenture in the form to be specified by theEngineer -in- Charge, shall be entitled to be paid during the progress ofthe execution of the work upto 90% of the assessed value of any materialswhich are in the opinion of the Engineer -in- Charge non-perishable, non-fragile and non-combustible and are in accordance with the contract andwhich have been brought on the site in connection therewith and areadequately stored and/or protected against damage by weather or othercauses but which have not at the time of advance been incorporated in theworks. When materials on account of which an advance has been madeunder this sub-clause are incorporated in the work, the amount of suchadvance shall be recovered/ deducted from the next payment made underany of the clause or clauses of this contract.

Such secured advance shall also be payable on other items of perishablenature, fragile and combustible with the approval of the Engineer -in-Charge provided the contractor provides a comprehensive insurance coverfor the full cost of such materials. The decision of the Engineer -in- Chargeshall be final and binding on the contractor in this matter. No securedadvance, shall however, be paid on high-risk materials such as ordinaryglass, sand, petrol, diesel etc.

CLAUSE 10C

This Clause is not applicable in all works being executed in Jamia MilliaIslamia.

CLAUSE 10CA


CLAUSE 10CC


CLAUSE 10D

The contractor shall treat all materials obtained during dismantling of astructure, excavation of the site for a work, etc. as Jamia Millia Islamia’sProperty and such materials shall be disposed off to the best advantage of

Clauses of Contract

SecuredAdvance onNon-perishableMaterials

Dismantled materialJamia Millia Islamiaproperty

34

Jamia Millia Islamia according to the instructions in writing issued by theEngineer -in- Charge.

CLAUSE 11

The contractor shall execute the whole and every part of the work in themost substantial and workmanlike manner both as regards materials andotherwise in every respect in strict accordance with the specifications. Thecontractor shall also conform exactly, fully and faithfully to the designs,drawings and instructions in writing in respect of the work signed by theEngineer -in- Charge and the contractor shall be furnished free of chargeone copy of the contract documents together with the specifications designs,drawings and instructions as are not included in the standard specificationsof Central Public Works Department specified in Schedule-F or any Bureauof Indian Standard or any other, published standard or code or Scheduleof Rates or any other printed publication referred to elsewhere in thecontract.

The contractor shall comply with the provisions of the contract and withthe care and diligence execute and maintain the works and provide alllabour and materials, tools and plants including for measurements andsupervision of all works, structural plans and other things of temporaryor permanent nature required for such execution and maintenance in sofar as the necessity for providing these, is specified or is reasonably inferredfrom the contract. The Contractor shall take full responsibility for adequacy,suitability and safety of all the works and methods of construction.

CLAUSE 12

The Engineer -in- Charge shall have power

(i) to make alteration in, omissions from, additions to or substitutionsfor the original specifications, drawings, designs and instructions, thatmay appear to him to be necessary or advisable during the progressof the work, and

(ii) to omit a part of the works in case of non availability of a portion ofsite or for any other reasons and the contractor shall be bound to carryout the works in accordance with any instructions given to him inwriting signed by the Engineer -in- Charge, and such alterations,omissions, additions or substitutions shall form part of contract as iforiginally provided therein and any altered, additional or substituted

Deviations /variations extentand pricing

Clauses of Contract

Work to beexecuted inaccordance withspecifications,drawing, ordersetc.

35

work which the contractor may be directed to do in the mannerspecified above as part of the works, shall be carried out by thecontractor on the same conditions in all respects including price onwhich he agreed to do the main work except as hereafter provided.

The completion cost of any agreement for maintenance worksincluding works of upgradation, aesthetic, special repair, addition/alteration shall not exceed 1.25 times of Tendered amount.

CLAUSE 12.1

The time for completion of the works shall, in the event of any deviationsresulting in additional cost over the tendered value sum being ordered,be extended, if required by the contractor, as follows:

(i) In the proportion which the additional cost of the altered, additionalor substituted work, bears to the original tendered value plus.

(ii) 25% of the time calculated in (i) above or such further additional timeas may be considered reasonable by the Engineer-in-Charge.

CLAUSE 12.2

In case of extra item(s) (items that are completely new, and are in additionto the items contained in the contract) the contractor may within fifteen daysof receipt of order or occurrence of the item(s) claim rates, supported byproper analysis, for the work and the Engineer -in- Charge shall within onemonth of the receipt of the claims supported by analysis, after givingconsideration to the analysis of the rates submitted by the contractor,determine the rates on the basis of the market rates and the contractor shallbe paid in accordance with the rates so determined.

In the case of substituted items, (items that are taken up with partialsubstitution or in lieu of work in the contract) the rate for the agreementitem (to be substituted) and substituted item shall also be determined inthe manner as mentioned in the following para.

a) If the market rate for the substituted item so determined is more thatthe market rate of the agreement item (to be substituted), the ratepayable to the contractor for the substituted item shall be the rate forthe agreement item (to be substituted) so increased to the extent ofthe difference between the market rates of substituted item and theagreement item (to be substituted).

Deviation, Extraitems & Pricing

Deviation,Substituteditems, Pricing

Clauses of Contract

36

b) If the market rate for the substituted item so determined is less thanthe market rate of the agreement item (to be substituted), the ratepayable to the contractor for the substituted item shall be the rate forthe agreement item (to be substituted) so decreased to the extent ofthe difference between the market rates of substituted item and theagreement item (to be substituted).

In the case of contract items, substituted items, contract cum substituteditems, which exceed the limits laid down in Schedule ‘F’, the contractor maywithin fifteen days of receipt of order or occurrence of the excess, claimrevision of the rates, supported by proper analysis, for the work in excessof the above-mentioned limits, provided that if the rates so claimed are inexcess of the rates specified in the schedule of quantities the Engineer -in-Charge shall within one month of receipt of the claims supported byanalysis, after giving consideration to the analysis of the rates submittedby the contractor, determine the rates on the basis of the market rates andthe contractor shall be paid in accordance with the rates so determined.

CLAUSE 12.3

The provisions of the preceding paragraph shall also apply to the decreasein the rates of items for the work in excess of the limits laid down inSchedule ‘F’, and the Engineer -in- Charge shall after giving notice to thecontractor within one month of occurrence of the excess and after takinginto consideration any reply received from him within fifteen days of thereceipt of notice, revise the rates for the work in question within one monthof the expiry of the said period of fifteen days having regard to the marketrates.

CLAUSE 12.4

The contractor shall sent to the Engineer -in- Charge once every threemonths, an upto date account giving complete details of all claims foradditional payments to which the contractor may consider himself entitledand of all additional work ordered by the Engineer -in- Charge which hehas executed during the preceding quarter failing which the contractor shallbe deemed to have waived his right. However, the USE may authorizeconsideration of such claims on merits.

CLAUSE 12.5

For the purpose of operation of Schedule ‘F’, the following works shall betreated as works relating to foundation unless and otherwise defined in

Clauses of Contract

Deviation,DeviatedQuantities,Pricing

37

the contract :

(i) For building’s compound wall plinth level or 1.2 meters (4ft) aboveground level whichever is lower excluding items above flooring andD.P.C. but including base concrete below the floors.

(ii) For abutment, piers, retaining walls of culverts and bridges, walls ofwater reservoir, the bed of floor level.

(iii) For retaining walls where floor level is not determinate 1.2 meterabove the average ground level or bed level.

(iv) For roads, all items of excavation and filling including treatment ofsub-base and soiling works.

(v) For water supply lines, sewer lines underground storm water drainsand similar work, all items of work below ground level except itemsof pipe work, proper masonry work.

(vi) For open storm water drains, all items of work except lining of drains.

CLAUSE 12.6

Any operation incidental to or necessarily has to be in contemplation oftenderer while filing tender, or necessary for proper execution of the itemincluded in the Schedule of quantities or in the schedule of rates mentionedabove, whether or not, specifically indicated in the description of the itemand the relevant specifications, shall be deemed to be included in the ratesquoted by the tenderer or the rate given in the said schedule of rates, asthe case may be. Nothing extra shall be admissible for such operations.

CLAUSE 13

If at any time after acceptance of the tender, Engineer –in- Charge shalldecide to abandon or reduce the scope of the works for any reasonwhatsoever, and hence not require the whole work or any part of the worksto be carried out the Engineer -in- Charge shall give notice in writing tothat effect to the contractor and the contractor shall act accordingly in thematter. The contractor shall have no claim to any payment of compensationor otherwise whatsoever on account of any profit or advantage whichhe might have derived from the execution of the work in full, but whichhe did not derive in consequence of the foreclosure of the whole or partof the works.

Foreclosure ofcontract due toabandonment orreduction in scopeof work.

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38

Provided that the contractor shall be paid the charges on the cartage onlyof materials actually and bonafide brought to the site of the work by thecontractor and rendered surplus as a result of the abandonment orcurtailment of the work or any portion thereof and then taken by thecontractor, provided however, that the Engineer-in- Charge shall have inall such cases, the option of taking over all or any such materials at theirpurchase price or at local current rates whichever may be less. In the caseof such stores having been issued from JMI stores, supervision chargesand storage charges shall be refunded in addition to the issue rate ofmaterials.

CLAUSE 14

If contractor:

(i) At any time makes default during currency of work or does notexecute any part of the work with due diligence and continues to doso even after a notice in writing of 7 days in this respect from theEngineer -in- Charge; or

(ii) Commits default in complying with any of the terms and conditionsof the contract and does not remedy it or takes effective steps toremedy it within 7 days even after a notice in writing is given in thatbehalf by the Engineer -in- Charge; or

(iii) Fails to complete the work(s) or items of work with individual datesof completion, on or before the date(s) so determined, and does notcomplete them within the period specified in the notice given inwriting in that behalf by the Engineer -in- Charge.

The Engineer -in- Charge without invoking action under clause 3 may,without prejudice to any other right or remedy against the contractor whichhave either accrued or accrue thereafter to Jamia Millia Islamia, by a noticein writing to take the part work/ part incomplete work of any item(s) outof his hands and shall have powers to:

(a) Take possession of the site and any materials, constructional plant,implements, stores, etc., thereon; and/ or

(b) Carry out the part work/ part incomplete work of any item(s) by anymeans at the risk and cost of the contractor.

Carrying outpart work atrisk and costof Contractor

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39

The Engineer -in- Charge shall determine the amount, if any, is recoverablefrom the contractor for completion of the part work/ part incomplete workof any item(s) taken out of his hands and execute at the risk and cost of thecontractor, the liability of contractor on account of loss or damage sufferedby Jamia Millia Islamia because of action under this clause shall not exceed10% of the tendered value of the work.

In determining the amount, credit shall be given to the contractor with thevalue of work done in all respect in the same manner and at the same rateas if it had been carried out by the original contractor under the terms ofhis contract, the value of contractor’s materials taken over and incorporatedin the work and use of plant and machinery belonging to the contractor.The certificate of the Engineer -in- Charge as to the value of work done shallbe final and conclusive against the contractor provided always that actionunder this clause shall only be taken after giving notice in writing to thecontractor. Provided also that if the expenses incurred by the departmentare less than the amount payable to the contractor at his agreement rates,the difference shall not be payable to the contractor.

Any excess expenditure incurred or to be incurred by Jamia Millia Islamiain completing the part work/ part incomplete work of any item(s) or theexcess loss or damages suffered or may be suffered by Jamia Millia Islamiaas aforesaid after allowing such credit shall without prejudice to any otherright or remedy available to Jamia Millia Islamia in law or per as agreementbe recovered from any money due to the contractor on any account, and ifsuch money is insufficient, the contractor shall be called upon in writingand shall be liable to pay the same within 30 days.

If the contractor fails to pay the required sum within the aforesaid periodof 30 days, the Engineer -in- Charge shall have the right to sell any or allof the contractors’ unused materials, constructional plant, implements,temporary building at site etc. and adjust the proceeds of sale thereoftowards the dues recoverable from the contractor under the contract and ifthereafter there remains any balance outstanding, it shall be recovered inaccordance with the provisions of the contract.

In the event of above course being adopted by the Engineer -in- Charge,the contractor shall have no claim to compensation for any loss sustainedby him by reason of his having purchased or procured any materials orentered into any engagements or made any advance on any account or witha view to the execution of the work or the performance of the contract.

Clauses of Contract

40

CLAUSE 15

(i) The contractor shall, on receipt of the order in writing of the Engineer-in- Charge, (whose decision shall be final and binding on thecontractor) suspend the progress of the works or any part thereof forsuch time and in such manner as the Engineer -in- Charge mayconsider necessary so as not to cause any damage or injury to the workalready done or endanger the safety thereof for any of the followingreasons:

(a) on account of any default on the part of the contractor, or;

(b) for proper execution of the works or part thereof for reasonsother than the default of the contractor, or

(c) for safety of the works or part thereof.

The contractor shall, during such suspension, properly protect andsecure the works to the extent necessary and carry out the instructionsgiven in that behalf by the Engineer -in- Charge.

(ii) If the suspension is ordered for reasons (b) & (c) in sub-para (i) above:

(a) The contractor shall be entitled to an extension of time equalto the period of every such suspension PLUS 25%, forcompletion of the item or group of items of work for which aseparate period of completion is specified in the contract andof which the suspended work forms a part, and;

(b) In the event of the contractor treating the suspension as anabandonment of the contract by Jamia Millia Islamia he shallhave no claim to payment of any compensation on account ofany profit or advantage which he might have derived from theexecution of the work in full but which he could not derive inconsequence of the abandonment.

CLAUSE 16

All works under or in course of execution or executed in pursuance of thecontract, shall at all times be open and accessible to the inspection andsupervision of the Engineer -in- Charge, his authorised subordinates -in-charge of the work and all the superior officers, Officer of the QualityAssurance Unit of the CPWD or any organisation engaged by the universityand of the Chief Technical Examiner's Office of CPWD, and the contractorshall, at all times, during the usual working hours and at all other times atwhich reasonable notice of the visit of the such officers has been given to

Clauses of Contract

Suspensionof Work

Action in casework not done asper specifications

41

the contractor, either himself be present to receive orders and instructionsor have a responsible agent duly accredited in writing, present for thatpurpose. Orders given to the Contractor's agent shall be considered to havethe same force as if they had been given to the contractor himself. The workduring its progress can also be inspected by Chief Technical Examiner of CPWDon behalf of the university.

If it shall appear to the Engineer -in- Charge or his authorised subordinateincharge of the work, officer of the Quality Assurance Unit of the CPWDor any organisation engaged by the university or to the Chief Technicalexaminer or his subordinate officers of CPWD that any work has beenexecuted with unsound, imperfect, or unskillful workmanship or withmaterials of any inferior description or that any materials or articlesprovided by him for the execution of the work which are unsound or of aquality inferior to that contracted or otherwise not in accordance with thecontract, the contractor shall, on demand in writing which shall be madewithin six & twelve months of the completions of the work, from theEngineer -in- Charge specifying the work, materials or articles complainedof notwithstanding that the same may have been passed, certified and paidfor forthwith rectify, or remove and re-reconstruct the work so specified.in whole or in part, as the case may require or as the case may be, removethe materials or articles so specified and provide other proper and suitablematerials or articles at his own charge and cost. In the event of his failingto do so within a period to be specified by the Engineer -in- Charge mayrectify or remove and execute the work or remove and replace with others,the materials or articles complained of, as the case may be, at the risk andexpense in all respects of the contractors. The contractor shall also be liableto pay compensation at the same rate as under clause 2 of the contract (fornon-completion of the work in time) for this default.

CLAUSE 17

If the contractor or his working people or servants shall break, deface injureor destroy any part of building in which they may be working, or anybuilding road, curb, fence, enclosure, water pipe, cables, drains, electricor telephone post or wires, trees, grass or grassland or cultivated groundcontiguous to the premises on which the work or any part is beingexecuted, or if any damage shall happen to the work while in progress,from any cause whatever or if any defect, shrinkage or other faults appearin the work within twelve months after a certificate final or otherwise ofits completion shall have been given by the Engineer -in- Charge as

Clauses of Contract

Action andcompensationpayable in caseof bad work

Contractor liablefor Damages,defects duringmaintenanceperiod.

42

aforesaid arising out of defective or improper materials or workmanshipthe contractor shall upon receipt of a notice in writing on that behalf makethe same good at his own expense or in default the Engineer -in- Chargecause the same to be made good by other workmen and deduct the expensefrom any sums that may be due or at any time thereafter may become dueto the contractor, or from his security deposit or the proceeds of the salethereof or of a sufficient portion thereof. The security deposit of thecontractor shall not be refunded before the expiry of twelve months afterthe issue of the certificate final or otherwise, of completion of work or tillthe final bill has been prepared and passed whichever is later. Providedthat in the case of road work if in the opinion of the Engineer-in-Charge,half of the security deposit is sufficient to meet all the liabilities of thecontractor under this contract, half of the security deposit will be refundableafter Six months and the remaining half after Twelve months of the issueof the said certificate of completion or till the final bill has been preparedand passed whichever is later.

CLAUSE 18

The contractor shall provide at his own cost all materials (except such specialmaterials, if any, as may in accordance with the contract be supplied fromEngineer-in-Charge’s stores), machinery, tools & plants as specified inSchedule ‘F’. In addition to this, appliances, implements, other plants,ladders, cordage, tackle, scaffolding, and temporary works required forproper execution of the work, whether original, altered or substituted andwhether included in the specifications or other documents forming part ofthe contract or referred to in these conditions or not, or which may benecessary for the purpose of satisfying or complying with the requirementsof the Engineer -in- Charge as to any matter as to which under theseconditions he is entitled to be satisfied, or which he is entitled to requiretogether with carriage therefore to and from the work. The contractor shallalso supply without charge the requisite number of persons with the meansand materials, necessary for the purpose of setting out works and counting,weighing and assisting the measurement for examination at any time andfrom time to time of the work or materials. Failing his so doing, the samemay be provided by the Engineer -in- Charge at the expense of the contractorand the expenses may be deducted, from any money due to the contractor,under this contract or otherwise and/or from his security deposit or theproceeds of sale thereof, or of a sufficient portion thereof.

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Contractor tosupply Toolsand Plants etc.

43

CLAUSE 18A

In every case in which by virtue of the provisions of sub-section (1) ofSection 12, of the Workmen’s Compensation Act, 1923, Jamia Millia Islamiais obliged to pay compensation to a workman employed by the contractor,in execution of the works. Jamia Millia Islamia will recover from thecontractor, the amount of the compensation so paid and without prejudiceto the rights of the Jamia Millia Islamia under of sub-section (2) of Section12 of the said Act. Jamia Millia Islamia shall be at liberty to recover suchamount or any part thereof by deducting it from the security deposit orfrom any sum due by Jamia Millia Islamia to the contractor whether underthis contract or otherwise. Jamia Millia Islamia shall not be bound to contestany claim made against it under sub-section (1) of Section 12 of the saidAct.

CLAUSE 18B

In every case in which by virtue of the provisions of the Contract Labour(Regulation & Abolition) Act 1970 and of the Contract Labour (Regulation& Abolition) Central Rules 1971 Jamia Millia Islamia is obliged to pay anyamounts of wages to a workman employed by the contractor in executionof the works or to incur any expenditure in providing welfare and healthamenities required to be provided under the above said Act and the Rules,under Clause 19 H or under the C.P.W.D. Contractor’s Labour Regulationsor under the Rules framed by Government from time to time for theprotection of health and sanitary arrangements for workers employed byJamia Millia Islamia Contractors, Jamia Millia Islamia will recover from thecontractor the amount of wages so paid or the amount of expenditure soincurred; and without prejudice to the right of the Government under ofsub-section (2) Section 20 and sub-section (4) of Section 21 of the ContractLabour (Regulation and Abolition) Act 1970, Jamia Millia Islamia shall beat liberty to recover such amount or any part thereof by deducting it fromthe security deposit or from any sum due by Jamia Millia Islamia to thecontractor whether under this contract or otherwise Jamia Millia Islamiashall not be bound to contest any claim made against it under sub-section(1) of Section 20, sub-section (4) of Section 21, of the said Act, except on thewritten request of the contractor and upon his giving to the J.M.I. fullsecurity for all costs for which J.M.I. might become liable in contesting suchclaim.

Clauses of Contract

Recovery ofcompensationpaid toworkman.

EnsuringPayment andAmenities toworkers ifContractor fails.

44

CLAUSE 19

The contractor shall obtain a valid licence under the Contract Labour (R&A)Act 1970 and the Contract Labour (Regulation & Abolition) Central Rules,1971, before the commencement of the work, and continue to have a validlicence until the completion of the work. The contractor shall also abideby the provisions of the Child Labour (Prohibition and Regulation) Act,1986.

The contractor shall also comply with the provisions of the building andother Construction Workers (Regulation of Employment & Conditions ofService) Act, 1996 and the building and other Construction Workers WelfareCess Act, 1996.

Any failure to fulfill these requirements shall attract the penal provisionsof this contract arising out of the resultant non-execution of the work.

CLAUSE 19A

No labour below the age of fourteen years shall be employed on the workor amended as per labour rules by the Government.

CLAUSE 19B

Payment of Wages :

(i) The contractor shall pay to labour employed by him either directlyor through sub-contractors, wages not less than fair wages as definedin the C.P.W.D. Contractor’s Labour Regulations or as per theprovisions of the Contract Labour (Regulation and Abolition) Act, 1970and the contract labour (Regular &Abolition) Central Rules, 1971,wherever applicable.

(ii) The contractor shall, notwithstanding the provisions of any contractto the contrary, cause to be paid fair wage to labourer indirectlyengaged on the work, including any labour engaged by his sub-contractors in connection with the said work, as if the labourer hadbeen immediately employed by him.

(iii) In respect of all labour directly or indirectly employed in the worksfor performance of the contractor’s part of this contract, the contractorshall comply with or cause to be complied with the Central PublicWorks Department Contractor’s Labours Regulations made by

Clauses of Contract

Labour Laws tobe complied bythe Contractor.

Payment ofWages:

45

Government from time to time in regard to payment of wages, wageperiod deductions from wages recovery of wages not paid anddeductions unauthorisedly made, maintenance of wage books orwage slips, publication of scale of wages and other terms ofemployment, inspection and submission of periodical returns and allother matters of the like nature or as per the provisions of the ContractLabour (Regulation & Abolition) Act, 1970, and the Contract Labour(Regulation and Abolition) Central Rules, 1971, wherever applicable.

(iv) (a) The Engineer In-Charge concerned shall have the right todeduct, from the moneys due to the contractor any sumrequired or estimated to be required for making good the losssuffered by a worker or workers by reason of nonfulfilment ofthe conditions of the contract for the benefit of the workers, non-payment of wages, or of deductions made from his or theirwages which are not justified by their terms of the contract ornon-observance of the Regulations.

(b) Under the provision of Minimum Wages (Central) Rules, 1950,the contractor is bound to allow to the labourers directly orindirectly employed in the works one day rest for six dayscontinuous work and pay wages at the same rate as for duty.In the event of default, the Engineer -in- Charge shall have theright to deduct the sum or sums not paid on account of wagesfor weekly holidays to any labours and pay the same to thepersons entitled thereto from any money due to the contractorby the University Superintending Engineer, Jamia MilliaIslamia.

In the case of Union Territory of Delhi, however as allinclusive minimum daily wages fixed under notification of theDelhi Administration No.F-12 (162) MWO/DAB/43884-91,dated 31.12.1979 as amended from time to time are inclusiveof wages for the weekly day of rest, the question of extrapayment for weekly holiday would not arise.

(v) The contractor shall comply with the provisions of the Payment ofWages Act, 1936, Minimum Wages Act, 1948, Employees Liability Act,1938, Workmen’s Compensation Act, 1923, Industrial Disputes Act,1947, Maternity Benefits Act, 1961, and the Contractor’s Labour(Regulation & Abolition) Act 1970, or the modifications thereof or anyother laws relating thereto and the rules made thereunder from timeto time.

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(vi) The contractor shall indemnify and keep indemnified Jamia MilliaIslamia against payments to be made under and for the observanceof the laws aforesaid and the C.P.W.D. Contractor’s LabourRegulations without prejudice to his right to claim indemnity formhis sub-contractors.

(vii) The laws aforesaid shall be deemed to be a part of this contract andany breach thereof shall be deemed to be a breach of this contract.

(viii) Whatever is the minimum wage for the time being, or if the wagepayable is higher than such wage, such wage shall be paid by thecontractor to the workman directly without the intervention ofJamadar and that Jamadar shall not be entitled to deduct or recoverany amount from the minimum wage payable to the workmen as andby way of commission or otherwise.

(ix) The contractor shall ensure that no amount by way of commission orotherwise is deducted or recovered by the Jamadar from the wage ofworkmen.

CLAUSE 19CIn respect of all labour directly or indirectly employed in the work for theperformance of the contractor’s part of this contract, the contractor shall athis own expense arrange for the safety provisions as per C.P.W.D. SafetyCode framed from time to time and shall at his own expense provide forall facilities in connection therewith. In case the contractor fails to makearrangement and provide necessary facilities as aforesaid, he shall be liableto pay a penalty of Rs. 200/- for each default and in addition, the En gineer-in- Charge shall be at liberty to make arrangement and provide facilitiesas aforesaid and recover the costs incurred in that behalf from the contractor.

CLAUSE 19 D

The contractor shall submit by the 4th and 19th of every month, to theEngineer -in- Charge a true statement showing in respect of the second halfof the preceding month and the first half of the current monthrespectively:—

(1) the number of labourers employed by him on the work,

(2) their working hours,

(3) the wages paid to them,

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47

(4) the accidents that occurred during the said fortnight showing thecircumstances under which they happened and the extent of damageand injury caused by them, and

(5) the number of female workers who have been allowed maternitybenefit according to Clause 19F and the amount paid to them.

Failing which the contractor shall be liable to pay to Jamia MilliaIslamia a sum not exceeding Rs. 200/- for each default or materiallyincorrect statement. The decision of the Engineer -in- Charge shall be finalin deducting from any bill due to the contractor, the amount levied as fineand be binding on the contractor.

CLAUSE 19E

In respect of all labour directly or indirectly employed in the works forthe performance of the contractor’s part of this contract, the contractor shallcomply with or cause to be complied with all the rules framed by Governmentfrom time to time for the protection of health and sanitary arrangement forworkers employed by the Jamia Millia Islamia and its contractors.

CLAUSE 19F

Leave and pay during leave shall be regulated as follows:—

1. Leave:

(i) In case of delivery-maternity leave not exceeding 8 weeks,4 weeks up to and including the day of delivery and 4 weeksfollowing that day.

(ii) In the case of miscarriage-upto 3 weeks from the date ofmiscarriage.

2. Pay:

(i) In the case of delivery-leave pay during maternity leave willbe at the rate of the women’s average daily earnings, calculatedon the total wages earned on the days when full time work wasdone during a period of three months immediately precedingthe date on which she gives notice that she expects to be confinedor at the rate of Rupees one only a day whichever is greater.

(ii) In the case of miscarriage-leave pay at the rate of average dailyearning calculated on the total wages earned on the days whenfull time work was done during a period of three monthsimmediately preceding the date of such miscarriage.

Clauses of Contract

Health andsanitaryarrangementsfor workers.

Maternitybenefit rules forfemale workersemployed bycontractor

48

3. Conditions for the grant of Maternity Leave:

No maternity leave benefit shall be admissible to a woman unless shehas been employed for a total period of not less than six monthsimmediately preceding the date on which she proceeds on leave.

4. The contractor shall maintain a register of Maternity (Benefit) in thePrescribed Form as shown in Appendix I and II and the same shallbe kept at the place of work.

CLAUSE 19G

In the event of the contractor(s) committing a default or breach of any ofthe provisions of the Central Public Works Department, Contractor’sLabour Regulations and Model Rules for the protection of health andsanitary arrangements for the workers as amended from time to time orfurnishing any information or submitting or filing any statement under theprovisions of the above Regulations and Rules which is materially incorrect,he/they shall without prejudice to any other liability, pay to the JamiaMillia Islamia a sum not exceeding Rs. 200 for every default, breach orfurnishing, making, submitting, filing such materially incorrect statementsand in the event of the contractor(s) defaulting continuously in this respect,the penalty may be enhanced to Rs. 200 per day for each day of defaultsubject to maximum of 5 percent of the estimated cost of the work put totender. The decision of the Engineer -in- Charge shall be final and bindingon the parties.

Should it appear to the Engineer -in- Charge that the contractor(s) is/ arenot properly observing and complying with the provisions of C.P.W.D.Contractor’s Labour Regulations and Model Rulesand the provisions of theContract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour(R&A) Contract Rules, 1971 for the protection of health and sanitaryarrangements for work-people employed by the contractor(s) (hereinafterreferred as “the said Rules”), the Engineer -in- Charge shall have power togive notice in writing to the contractor(s) requiring that the said Rules becomplied with and the amenities prescribed therein be provided to thework-people within a reasonable time to be specified in the notice. If thecontractor(s) shall fail within the period specified in the notice to complywith and/ observe the said Rules and to provide the amenities to the work-people as aforesaid, the Engineer -in- Charge shall have the power toprovide the amenities hereinbefore mentioned at the cost of thecontractor(s). The contractor(s) shall erect, make and maintain at his/theirown expense and to approved standards all necessary huts and sanitary

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arrangements required for his/their work-people on the site in connectionwith the execution of the works, and if the same shall not have been erectedor constructed, according to approved standards, the Engineer -in- Chargeshall have power to give notice in writing to the contractor(s) requiring thatthe said huts and sanitary arrangements be remodelled and/orreconstructed according to approved standards, and if the contractor(s) shallfail to remodel or reconstruct such huts and sanitary arrangementsaccording to approved standards within the period specified in the notice,the Engineer -in- Charge shall have the power to remodel or reconstructsuch huts and sanitary arrangements according to approved standards atthe cost of the contractor(s).

CLAUSE 19H

The contractor(s) shall at his/their own cost provide his/ their labour witha sufficient number of huts (thereafter referred to as the camp) of thefollowing specifications on a suitable plot of land to be approved by theEngineer -in- Charge.

(1) (a) The minimum height of each hut at the eaves level shall be 2.10m (7 ft.) and the floor area of the to be provided will be at therate of 2.7 sq. mt. (30 sq.ft.) for each member of the workersfamily staying with the labourer.

(b) The contractor(s) shall in addition construct suitable cookingplaces having a minimum area of 1.8m x 1.5m (6’x5’) adjacentto the hut for each family.

(c) The contractor(s) shall also construct temporary latrines andurinals for use of the labourers each on the scale of not less thanfour per each one hundred of the total strength, separate latrinesand urinals being provided for women.

(d) The contractor(s) shall construct sufficient number of bathingand washing places, one unit for every 25 persons residing inthe camp. These bathing and wishing palaces shall be suitablyscreened.

(ii) (a) All the huts shall have walls of sun-dried or burnt bricks laidin mud mortar or other suitable local materials as may beapproved by the Engineer -in- Charge. In case of sub-driedbricks, the walls should be plastered with mud gobri on bothsides. The floor may be katcha but plastered with mud Gobiand shall be at least 15 cm (6") above the surrounding ground.

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The roofs shall be laid with thatch or any other materials as maybe approved by the Engineer -in- Charge and the contractorshall ensure that throughout the period of their occupation, theroofs remain water-tight.

(b) The contractor(s) shall provide each hut with proper ventilation.

(c) All doors, windows and ventilators be provided with suitableleaves for security purposes.

(d) There shall be kept an open space of at least 7.2m (8 yards)between the rows of huts which may be reduced to 6m (20 ft.)according to the availability of site with the approval of theEngineer -in- Charge. Back-to-back construction will be allowed.

(iii) Water Supply — The contractor(s) shall provide adequate supply ofwater for the use of labourers. The provisions shall not less than twogallons of pure and wholesome water per head per day for drinkingpurposes and three gallons of clean water per head per day for bathingand washing purposes. Where piped water supply is available,supply shall be at stand posts and where the supply is from wells orriver, tanks which may be of metal or masonry, shall provided. Thecontractor(s) shall also at his/their own cost make arrangements forlaying pipe lines for water supply to his/their labour camp from theexisting mains wherever available, and shall pay all fees and chargestherefor.

(iv) The site selected for the camp shall be high ground, removed fromjungle.

(v) Disposal of Excreta — The contractor(s) shall make necessaryarrangements for the disposal of excreta from the latrines by trenchingor incineration which shall be according to the requirements laiddown by the Local Health Authorities. If trenching or incineration isnot allowed, the contractor(s) shall make arrangements for the removalof the excreta through the Municipal Committee/ authority andinform it about the number of labourers employed so that arrangementmay be made by such Committee/authority for the removal of theexcreta. All charges on this account shall be borne by the contractorand paid direct by him to the Municipality/ authority. The contractorshall provide one sweeper for every eight seats in case in dry system.

(vi) Drainage — The contractor(s) shall provide efficient arrangements fordraining away sullage waster so as to keep the camp neat and tidy.

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(vii) The contractor(s) shall make necessary arrangements for keeping thecamp area sufficiently lighted to avoid accidents to the workers.

(viii) Sanitation — The Contractor(s) shall make arrangements forconservancy and sanitation in the labour camps according to the rulesof the Local Public Health and Medical Authorities.

CLAUSE 19I

The Engineer -in- Charge may require the contractor to dismiss or removefrom the site of the work any person or persons in the contractors’ employupon the work who may be incompetent or misconduct himself and thecontractor shall forthwith comply with such requirements. In respect ofmaintenance/ repair or renovation works etc. where the labour have aneasy access to the individual houses, the contractor shall issue identity cardsto the labourers, whether temporary or permanent and he shall beresponsible for any untoward action on the part of such labour. AEE/ AE/JE will display a list of contractors working in the colony/ Blocks on thenotice board in the colony and also at the service center, to apprise theresidents about the same.

CLAUSE 19J

It shall be the responsibility of the contractor to see that the building underconstruction is not occupied by anybody unauthorizedly duringconstruction, and is handed over to the Engineer -in- Charge with vacantpossession of complete building. If such building though completed isoccupied illegally, then the Engineer -in- Charge shall have the option torefuse to accept the said building/buildings in that position. Any delay inacceptance on this account will be treated as the delay in completion andfor such delay, a levy up to 5% of tendered value of work may be imposedby the university Superintending Engineer whose decision shall be finalboth with regard to the justification and quantum and be binding on thecontractor.

However, the university Superintending Engineer, through a notice, mayrequire the contractor to remove the illegal occupation any time on orbefore construction and delivery.

CLAUSE 19K

The contractor shall, at all stages of work, deploy skilled/ semi skilledtradesmen who are qualified and possess certificate in particular trade fromCPWD Training Institute/ Industrial Training Institute/ National Institute

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Employment ofskilled / semiskilled workers.

52

of Construction Management and Research (NICMAR)/ National Academyof Construction, CIDC or any similar reputed and recognized Institutemanaged/ certified by State/ Central Government. The number of suchqualified tradesmen shall not be less than 20% of total skilled/ semi skilledworkers required in each trade at any stage of work. The contractor shallsubmit number of man days required in respect of each trade, its schedulingand the list of qualified tradesmen alongwith requisite certificate fromrecognised institute to Engineer –in- Charge for approval. Notwithstandingsuch approval, if the tradesmen are found to have inadequate skill toexecute the work of respective trade, the contractor shall substitute suchtradesmen within two days of written notice from Engineer -in- Charge.Failure on the part of contractor to obtain approval of Engineer -in- Chargeor failure to deploy qualified tradesmen will attract a compensation to bepaid by contractor at the rate of Rs. 100 per such tradesman per day.Decision of Engineer -in- Charge as to whether particular tradesmanpossesses requisite skill and amount of compensation in case of defaultshall be final and binding.

Provided always, that the provisions of this clause, shall not be applicablefor works with estimated cost put to tender being less than Rs. 5 crores.

CLAUSE 19L

The contractor shall have registration with EPFO and ESIC. The ESI andEPF contributions on the part of employer in respect of this contract shallbe paid by the contractor. These contributions on the part of the employerpaid by the contractor shall be reimbursed by the Engineer -in- Charge tothe contractor on actual basis after satisfying that it has been actually andgenuinely paid by the contractor.

CLAUSE 20

The contractor shall comply with all the provisions of the Minimum WagesAct, 1948 and Contract Labour (Regulation and Abolition) Act, 1970amended from time to time and rules framed thereunder and other labourlaws affecting contract labour that may be brought into force from time totime.

CLAUSE 21

The contract shall not be assigned or sublet without the written approvalof the Engineer-in-Charge. And if the contractor shall assign or sublet hiscontract, or attempt to do so, or become insolvent or commence any

Clauses of Contract

Contribution ofEPF and ESI

MinimumWages Act to becomplied with

Work not to besublet action incaseof insolvency

53

insolvency proceedings or and make composition with his creditors orattempt to do so, or if any bribe, gratuity, gift, loan perquisite, reward oradvantage pecuniary or otherwise, shall either directly or indirectly, begiven, promised or offered by the contractor, or any of his servants or agentto any public officer or person in the employ of Jamia Millia Islamia in anyway relating to his office or employment, or if any such officer or personshall become in any way directly or indirectly interested in the contract,the Engineer -in- Charge on behalf of the V.C., Jamia Millia Islamia shallhave power to adopt the course specified in Clause 3 hereof in the interestof Jamia Millia Islamia and in the event of any of such course beingadopted, the consequences specified in the said Clause 3 shall ensue.

CLAUSE 22

All sums payable by way of compensation under any of these conditionsshall be considered as reasonable compensation to be applied to the useof Jamia Millia Islamia without reference to the actual loss or damagesustained and whether or not any damage shall have been sustained.

CLAUSE 23

Where the contractor is a partnership firm, the previous approval in writingof the Engineer -in- Charge shall be obtained before any change is made inthe constitution of firm. Where the contractor is an individual or a Hinduundivided family business concern, such approval as aforesaid shalllikewise be obtained before the contractor enters into any partnershipagreement whereunder the partnership firm would have the right to carryout the works hereby undertaken by the contractor. If previous approvalas aforesaid is not obtained, the contract shall be deemed to have been assignedin contravention of Clause 21 hereof and the same action may be taken, andthe same consequences shall ensue as provided in the said Clause 21.

CLAUSE 24

All works to be executed under the contract shall be executed under thedirection and subject to the approval in all respects of the Engineer -in-Charge who shall be entitled to direct at what point or points and in whatmanner they are to be commenced & from time to time carried on.

CLAUSE 25

Except where otherwise provided in the contract, all questions anddisputes relating to the meaning of the specifications, design, drawingsand instructions here-in before mentioned and as to the quality of

Clauses of Contract

Changes in firm’sConstitution tobe intimated.

Settlement ofdisputes byArbitration

54

workmanship or materials used on the work or as to any other question,claim right, matter or thing whatsoever in anyway arising out of or relatingto the contract, designs, drawings, specifications, estimates, instructionsorders or these conditions or otherwise concerning the works or theexecution or failure to execute the same whether arising during the progressof the work or after the cancellation, termination, completion orabandonment thereof shall referred to the sole arbitration of the personappointed by the V.C., Jamia Millia Islamia in office, at the time of disputeor there be no V.C. the administrative head of the Jamia Millia Islamia, atthe time of such appointment that the arbitrator so appointed.

It will be no objection to any such appointment that the arbitrator soappointed is a University servant, that he had to deal with the matters towhich the contract relates and that in the course of his duties as Universityservant he had expressed views on all or any of the matters in dispute ofdifference. The arbitrator to whom the matter is originally referred beingtransferred or vacating his office or being unable to act for any reason, suchhead as aforesaid at the time of such transfer, vacation of office or inabilityto act, shall appoint another person to act as arbitrator in accordance withthe terms of the contract. Such person shall be entitled to proceed with thereference from the stage at which it was left by his predecessor.

It is a term of the contract that the party invoking arbitration shall specifythe dispute or disputes to be referred to arbitration under this clausetogether with the amount or amounts claimed in respect of each suchdispute on prescribed proforma as per Appendix XV.

It is also a term of this contract that no person, other than a personappointed by Vice-Chancellor or Administrative Vice-Chancellor asaforesaid, should act as arbitrator and if for any reason that it is notpossible, the matters shall not be referred to arbitration at all.

It is also a term of the contract that if the contractor does not make anydemand for appointment of arbitrator in respect of any claims in writtingas aforesaid within 120 days of receiving the intimation from the JamiaMillia Islamia that the final bill is ready for payment the claim of thecontractor will be deemed to have been waived and absolutely barred andthe Jamia Millia Islamia shall be discharged and released of all liabilitiesunder the contract in respect of these claims.

The arbitration shall be conducted in accordance with the provisions of thearbitrator and Conciliation Act, 1996 (26 of 1996) or any statutorymodifications or reenactment thereof and the rules made there under and

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for the time being in force shall apply to the arbitration proceeding underthis clause.

It is also a term of this contract that the arbitrator shall adjudicate on onlysuch disputes as are referred to him by the appointing authority and giveseparate award against each dispute and claim referred to him and inall cases where the total amount of the claims by any part exceedsRs. 1,00,000/- the arbitrator shall give reasons for the award.

It is also a terms of the contract that if any fees are payable to the arbitratorthese shall be paid equally by both the parties.

It is also a terms of the contract that the arbitrator shall be deemed to haveentered on the reference on the date he issues notice to both the partiescalling them to submit their statement of claims and counter statement ofclaims. The venue of the arbitration shall be such place as may be fixed bythe arbitrator in his sole discretion. The fees, if any, of the arbitrator shall,if required to be paid before the award is made and published, be paidand paid half by each of the parities. The cost of the reference and of theaward (including the fees, if any of the arbitrator) shall be in the discretionof the arbitrator who may direct to any by whom and in what manner, suchcosts or any part thereof shall be paid and fix or settle the amount of coststo be so paid.

The arbitrator(s) may from time to time with consent of the parties enlargethe time, for making and publishing the award.

The decision of the University Superintending Engineer regardingquantities of reduction as well as justification there of in respect of ratesfor sub standard work which may be decided will be final and would notbe open to arbitration.

CLAUSE 26

The contractor shall fully indemnify and keep indemnified the Jamia MilliaIslamia against any action, claim or proceeding relating to infringement oruse of any patent or design or any alleged pattern or design rights and shallpay any royalties which may be payable in respect of any article or partthereof included in the contract. In the event of any claims made under oraction brought against Jamia Millia Islamia in respect of any such mattersas an aforesaid, the contractor shall be immediately notified thereof andcontractor shall be at liberty, at his own expense, to settle any dispute orto conduct any litigation that may arise therefrom, provided that thecontractor shall not be liable to indemnify the V.C., Jamia Millia Islamia if

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Contractor toindemnifyGovernment/JMIagainst PatentRights

56

the infringement of the patent or design or any alleged patent or designright is the direct result of an order passed by the Engineer -in Charge inthis behalf.

CLAUSE 27

When the estimate on which a tender is made includes lumpsums in respectof parts of the work, the contractor shall be entitled to payment in respectof the items of work involved or the part of the work in question at thesame rates as are payable under this contract for such items, or if the partof the work in question is not, in the opinion of the Engineer -in- Chargepayable of measurement, the Engineer -in- Charge may at this discretionpay the lump sum amount entered in the estimate, and the certificate inwriting of the Engineer -in- Charge shall be final and conclusive againstthe contractor with regard to any sum or sums payable to him under theprovisions of the clause.

CLAUSE 28

In the case of any class of work for which there is no such specifications asreferred to in Clause 11, such work shall be carried out in accordance withthe Bureau of Indian Standards Specifications. In case there is no suchspecifications in Bureau of Indian Standards, the work shall be carried outas per manufacturer’s specifications, if not available then as per DistrictSpecifications. In case there are no such specifications as required above,the work shall be carried out in all respects in accordance with theinstructions and requirements on the Engineer -in- Charge.

CLAUSE 29

(i) Whenever any claim or claims for payment of a sum of money arisesout of or under the contract or against the contractor, the Engineer -in- Charge or the Jamia Millia Islamia shall be entitled to withholdand also have a lien to retain such sum or sums in whole or in partfrom security, if any deposited by the contractor and for the purposeaforesaid, the Engineer -in- Charge or the Jamia Millia Islamia shallbe entitled to withhold the security deposit, if any, furnished as thecase may be and also have a lien over the same pending finalizationor adjudication of any such claim. In the event of the security beinginsufficient to cover the claimed amount or amounts or if no securityhas been taken from the contractor, the Engineer -in- Charge or the

Clauses of Contract

LumpsumProvisionsin Tender

Action whereno speciationsare specified.

Withholding andlien in respect ofsums due fromContractor.

57

Jamia Millia Islamia shall be entitled to withhold and have a lien toretain to the extent of such claimed amount or amounts referred toabove, from any sum or sums found payable or which may at anytime thereafter become payable to the contractor under the samecontract or any other contract with the Engineer -in- Charge of the JamiaMillia Islamia or any contracting person through the Engineer -in-Charge pending finalization of adjudication of any such claim.

It is an agreed term of the contract that the sum of money ormoneys so withheld or retained under the lien referred to above bythe Engineer -in- Charge or Jamia Millia Islamia will be kept withheldor retained as such by the Engineer -in- Charge or Jamia Millia Islamiatill the claim arising out of or under the contract is determined by thearbitrator (if the contract is governed by the arbitration clause) by thecompetent court, as the case may be and that the contractor will haveno claim for interest or damages whatsoever on any account in respectof such withholding or retention under the lien referred to above andduly notified as such to the contractor. For the purpose of this clause,where the contractor is a partnership firm or a limited company, theEngineer -in- Charge or the Jamia Millia Islamia shall be entitled towithhold and also have a lien to retain towards such claimed amountor amounts in whole or in part from any sum found payable to anypartner/limited company as the case may be, whether in hisindividual capacity or otherwise.

(ii) Jamia Millia Islamia shall have the right to cause an audit and technicalexamination of the works and final bills of the contractor includingall supporting vouchers, abstract, etc. to be made after payment of thefinal bill and if as a result of such audit and technical examinationany sum is found to have been overpaid in respect of any work doneby the contractor under the contract or any work claimed to have beendone by him under the contract and found not to have been executed,the contractor shall be liable to refund the amount of over paymentand it shall be lawful for Jamia Millia Islamia to recover the samefrom him in the manner prescribed in sub-clause(i) of this clause orin any other manner legally permissible, and if it is found that thecontractor was paid less than what was due to him under the contractin respect of any work executed by him under it, the amount of suchunder payment shall be duly paid by Jamia Millia Islamia to thecontractor, without any interest thereon whatsoever.

Provided that the Jamia Millia Islamia shall not be entitled torecover any sum over paid, nor the contractor shall be entitled to

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payment of any sum paid short where such payment has been agreedupon between the Engineer -in- Charge on the one hand and thecontractor on the other under any term of the contract permittingpayment for work after assessment by the Engineer -in- Charge.

CLAUSE 29A

Any sum of money due and payable to the contractor (including thesecurity deposit returnable to him) under the contract may be withheld orretained by way of lien by the Engineer -in- Charge or the Jamia MilliaIslamia or any other contracting person or persons through Engineer -in-Charge against any claim of the Engineer -in- Charge or Jamia Millia Islamiaor such other person or persons in respect of payment of a sum of moneyarising out of or under any other contract made by the contractor with theEngineer -in- Charge or the Jamia Millia Islamia or with such other personor persons.

It is an agreed term of the contract that the sum of money so withheld orretained under this clause by the Engineer -in- Charge or Jamia MilliaIslamia will be kept withheld or retained as such by the Engineer -in-Charge or the Jamia Millia Islamia or till his claim arising out of the samecontract or any other contract is either mutually settled or determined bythe arbitration clause or by the competent court, as the case may be andthat the contractor shall have no claim for interest or damages whatsoeveron this account or on any other ground in respect of any sum of moneywithheld or retained under this clause and duly notified as such to thecontractor.

CLAUSE 30

The contractor shall not employ coal mining or controlled area labourfalling under any category whatsoever on or in connection with the workor recruit labour from area within a radius of 32Km (20 miles) of thecontrolled area. Subject as above the contractor shall employ importedlabour only i.e. deposit imported labour or labour imported by contractorsfrom area, from which import is permitted.

Where ceiling price for imported labour has been fixed by state or RegionalLabour Committees not more than that ceiling price shall be paid to thelabour by the contractor.

The contractor shall immediately remove any labourer who may be pointedout by the Engineer -in- Charge as being a coal mining or controlled arealabourer. Failure to do so shall render the contractor liable to pay to JMI/

Clauses of Contract

Lien in respect ofclaims in othercontracts.

Employment ofcoal mining orcontrolled arealabour notpermissible.

59

Government a sum calculated at the rate of Rs. 10/- per day per labourer.The certificate of the Engineer -in- Charge about the number of coal miningor controlled area labourer and the number of days for which they workedshall be final and binding upon all parties to this contract.

It is declared and agreed between the parties that the aforesaid stipulationin this clause is one in which the public are interested within the meaningof the exception in Section 74 of Indian Contract Act, 1872.

Explanation:- Controlled Area means the following areas:

Districts of Dhanbad, Hazaribagh, Jamtara-a Sub-Division under-Santhal ParganaCommissionerey, Districts of Bankuara, Birbhum, Burdwan District of Bilaspur.

Any other area, which may be declared a Controlled Area by or with theapproval of the Central Government.

CLAUSE 31

The Contractor(s) shall make his/their own arrangements for water requiredfor the work and nothing extra will be a paid for the same. This will besubject to the following conditions.

(i) That the water used by the contractor(s) shall be fit for constructionpurposes to the satisfaction of the Engineer -in- Charge.

(ii) The Engineer -in- Charge shall make alternative arrangements forsupply of water at the risk and cost of contractor(s) if the arrangementsmade by the contractor(s) for procurement of water are in the opinionof the Engineer -in- Charge, unsatisfactory.

CLAUSE 31A

Water if available may be supplied to the contractor by the departmentsubject to the following conditions :-

(i) The water charges @ 1% shall be recovered on gross amount of thework done.

(ii) The contractor(s) shall make his/their own arrangement of waterconnection and laying of pipelines from existing main of source ofsupply.

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UnfilteredWater Supply

Departmentalwater supply,if available.

60

(iii) The Department do not guarantee to maintain uninterrupted supplyof water and it will be incumbent on the contractor(s) to makealternative arrangements for water at his/their own cost in the eventof any temporary break down in the Jamia Millia Islamia water mainso that the progress of his/their work is not held up for want of water.No claim or damage or refund of water charges will be entertainedon account of such break down.

CLAUSE 32

(i) Where there is no piped water supply arrangement and the water istaken by the contractor from the wells or hand pump constructed bythe University, no charge shall be recovered from the contractor onthat account. The contractor shall, however, draw water at such hoursof the day that it does not interfere with the normal use for whichhand pumps and wells are intended. he will also be responsible forall damages and abnormal repairs arising out of his use, the cost ofwhich shall be recoverable from him. The Engineerin -in- Charge shallbe the final authority to determine the cost recoverable from thecontractor on this account and his decision shall be binding on thecontractor.

(ii) The contractor shall be allowed to construct temporary wells inUniversity land for taking water for construction purposes only afterhe has got permission of the Engineer -in- Charge in writing. Nocharges shall be recovered from the contractor on this account, but thecontractor shall be required to provide necessary safety arrangementsto avoid any accidents or damages to adjacent buildings, roads andservice lines. He shall be responsible for any accidents or damagescaused due to construction and subsequent maintenance of the wellsand shall restore the ground to its original condition after the wellsare dismantled on completion of the work.

CLAUSE 33

Notwithstanding anything contained to the contrary in this contract, whereany materials for the execution of the contract are procured with theassistance of Government/JMI either by issue from Jamia Millia Islamia/Government stocks or purchase made under orders or permits or licensesgot issued by Jamia Millia Islamia, the contractor shall hold the saidmaterials economically and solely for the purpose of the contract and notdispose of them without the written permission of the Jamia Millia Islamia

Clauses of Contract

Return ofsurplus materials

Alternate waterarrangements

61

and return, if required by the Engineer -incharge, all surplus orunserviceable materials that may be left with him after completion of thecontract or at its termination for any reason whatsoever on being paid orcredited such price as the Engineer -in- Charge shall determine having dueregard to the condition of the materials . The price allowed to the contractorhowever shall not exceed the amount charged to him excluding the elementof storage charges. The decision of the Engineer -in- Charge shall be finaland conclusive. In the event of breach of the aforesaid condition, thecontractor shall in addition to throwing himself open to action forcontravention of the terms of the license or permit and/or for criminalbreach of trust, be liable to Jamia Millia Islamia for all moneys, advantagesor profits resulting or which in the usual course would have resulted tohim by reason of such breach.

CLAUSE 34

(i) The contractor shall arrange at his own expense all tools, plant,machinery and equipment (hereinafter referred to as T&P) requiredfor execution of the work except for the Plant Machinery listed inSchedule ‘C’ and stipulated for issue to the contractor. If the contractorrequires any item of T&P on hire from the T&P available with the JMIover and above the T&P stipulated for issue, the JMI will, if such itemis available, hire it to the contractor at rates to be agreed upon betweenhim and the Engineer -incharge, in such a case, all the conditionshereunder for issue of T&P shall also be applicable such T&P as isagreed to be issued.

(ii) Plant and Machinery when supplied on hire charges shown inSchedule ‘C’ shall made over and taken back at the departmentalequipment yard/ shed shown in Schedule ‘C’ and the contractor shallbear the cost of carriage from the place of issue to the set of work andback. The contractor shall be responsible to return the plant andmachinery with condition in which it was handed over to him, andhe shall be responsible for all damage caused to the said plant andmachinery at the site of work or elsewhere in operation and otherwiseduring transit including damage to or loss of plant and for all lossesdue to his failure to return the same soon after the completion of thework which it was issued. The University Superintending Engineershall be the sole judge to determine liability of the contractor and itsextent in this regard and his decision shall be final and binding onthe contractor.

Clauses of Contract

Hire of Plant &Machinery

62

(iii) The plant and machinery as stipulated above will be issued as andwhen available and if required by the contractor. The contractor shallarrange his programme of work according to the availability of theplant and machinery and no claim, whatsoever, will be entertainedfrom him for any delay in supply by the Department.

(iv) The hire charges shall be recovered at the prescribed rates from andinclusive of the date the plant and machinery made over upto andinclusive of the date of the return in good order even though the samemay not have been working for any cause except major breakdowndue to no fault of the contractor or faulty use requiring more thanthree working days continuously (excluding intervening holidays andSundays) for bringing the plant in order. The contractor shallimmediately intimate in writing to the Engineer -in- Charge when anyplant or machinery gets out of order requiring major repairs asaforesaid. The Engineer -in- Charge shall record the date and time ofreceipt of such intimation in the log sheet of the plant or machinery.Based on this if the breakdown before lunch period of majorbreakdown will be computed considering half a day’s breakdown onthe day of complaint. If the breakdown occurs in the post lunch periodof major breakdown will be computed starting from the nextworking day. In case of any dispute under this clause, the decisionof the University Superintending Engineer shall be final andbinding on the contractor.

(v) The hire charges shown above are for each day of 8 hours (inclusiveof the one hour lunch break) or part thereof.

(vi) Hire charges will include service of operating staff as required andalso supply of lubricating oil and stores for cleaning purposes. Powerfuel of approved type, firewood, kerosene oil etc. for running theplant and machinery and also the full time chowkidar for guardingthe plant and machinery against any loss or damage shall be arrangedby the contractor who shall be fully responsible for the safeguard andsecurity of plant and machinery. The contractor shall on or before thesupply of plant and machinery sign an agreement indemnifying theBuilding & Contruction Department, JMI against any loss or damagecaused to the plant and machinery either during transit or at site of work.

(vii) Ordinarily, no plant and machinery shall work for more than 8 hoursa day inclusive of one hour lunch break. In case of an urgent workhowever, the Engineer -in- Charge may, at his discretion, allow the

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plant and machinery to be worked for more than normal period of8 hours a day. In that case, the hourly hire charges for overtime to beborne by the contractor shall be 50% more than the normalproportionate hourly charges (1/8th of the daily charges) subject to aminimum of half day’s normal charges on any particular day. Forworking out hire charges for over time, a period of half an hour andabove will be charged as one hour and a period of less than half anhour will be ignored.

(viii) The contractor shall release the plant and machinery every seventhday for periodical servicing and/ or wash out which may take aboutthree to four hours or more. Hire charges for full day shall be recoveredfrom the contractor for the day of servicing/ wash out irrespective ofthe period employed in servicing.

(ix) The plant and machinery once issued to the contractor shall not bereturned by him on account of lack of arrangements of labour andmaterials, etc. on his part, the same will be returned only when theyare required for major repairs or when in the opinion of the Engineer-in- Charge, the work or a portion of work for which the same wasissued is completed.

(x) Log Book for recording the hours of daily work for each of the plantand machinery supplied to the contractor will be maintained by theBuilding & Contruction Department, JMI and will be countersignedby the contractor or his authorised agent daily. In case the contrctorcontests the correctness of the entries and/ or fails to sign the LogBook, the decision of the Engineer -in- Charge shall be final andbinding on him. Hire charges will be calculated according to theentries in the Log Book and will be binding on the contractor.Recovery on account of hire charges for road rollers shall be madefor the minimum number of days worked out on the assumption thata roller can consolidate per day and maximum quantity of materialsor area surfacing as per CPWD specification.

(xi) In the case oc concrete mixers, the contractors shall arrange to get thehopper cleaned and the drum washed at the close of the work eachday or each occasion.

(a) In case, rollers for consolidation are employed by the contractorhimself, log book for such rollers shall be maintained in thesame manner as is done in case of departmental rollers,

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64

maximum quantity of any items to be consolidated for eachroller day shall also be same as in Annexure to Clause 34(x).For less use of rollers, recovery for the less roller days shall bemade at the stipulated issue rate.

(xii) The contractor shall be responsible to return the plant andmachinery in the condition in which it was handed over to him andhe shall be responsible for all damage caused to the said plant andmachinery at the site of work or elsewhere in operation orotherwise or during transit including damage to or loss of parts,and for all losses due to his failure to return the same soon afterthe completion of the work, for which it was issued. The UniversitySuperintending Engineer shall be the sole judge to determine theliability of the contractor and its extent in this regard and hisdecision shall be final and binding on the contractor.

(xiii) The contractor will be exempted from levy of any hire charges for thenumber of days he is called upon in writing by the Engineer -in-Charge to suspend execution of the work, provided Jamia MilliaIslamia plant and machinery in question have, in fact, remained idlewith the contractor because of the suspension.

(xiv) In the event of the contractor not requiring any item of plant andmachinery issued by Jamia Millia Islamia though not stipulated forissue in Schedule ‘C’ any time after taking delivery at the place ofissue, he may return it after two days written notice or at any timewithout notice if he agrees to pay hire charges for two additional dayswithout, in any way, affecting the right of the Engineer -in- Charge touse the said plant and machinery during the said period of two daysas he likes including hiring out to a third party.

CLAUSE 35

(i) The contractor undertakes to make arrangement for the supervisionof the work by the firm supplying the tar or bitumen used.

(ii) The contractor shall collect the total quantity of tar or bitumenrequired for the work as per standard formula, before the process ofpainting is started and shall hypothecate it to the Engineer -in- Charge.If any bitumen or tar remains unused on completion of the work onaccount of lesser use of materials in actual execution for reasons otherthan authorized changes of specifications and abandonment of portionof work, a corresponding deduction equivalent to the cost of unusedmaterials as determined by the Engineer -in- Charge shall be made

Clauses of Contract

Conditionrelating to useof asphalticmaterials

65

and the material return to the contractors. Although the materials arehypothecated to Jamia Millia Islamia, the contractor undertakes theresponsibility for their proper watch, safe custody and protectionagainst all risks. The materials shall not be removed from site of workwithout the consent of the Engineer -in- Charge in writing.

(iii) The contractor shall be responsible for rectifying defects noticed withina year from the date of completion of the work and the portion of thesecurity deposit relating to asphaltic work shall be refunded after theexpiry of this period.

CLAUSE 36

Contractors Superintend, Supervision, Technical Staff & Employees:-

(i) The contractor shall provide all necessary Superintendence duringexecution of the work and all along thereafter as may be necessaryfor proper fulfilling of the obligations under the contract.

The contractor shall immediately after receiving letter of acceptanceof the tender and before commencement of the work, intimate inwriting to the Engineer -in- Charge, the name(s), qualifications,experience, age, address(s) and other particulars along withcertificates, of the principal technical representative to be in chargeof the work and other technical representative(s) who will besupervising the work. Minimum requirement of such technicalrepresentation(s) and their qualifications and experience shall not belower than specified in Schedule ‘F’. The Engineer -in- Charge shallwithin 7 days of receipt of such communication intimate in writinghis approval or otherwise of such a representative(s) to the contractor.Any such approval may at any time be withdrawn and in case of suchwithdrawal, the contractor shall appoint another such representative(s)according to the provisions of this clause. Decision of the tenderaccepting authority shall be final and binding on the contractor in thisrespect. Such a principal technical representative and other technicalrepresentative(s) shall be appointed by the contractor soon after receiptof the approval from Engineer -in- Charge and shall be available atsite before start of work.

All the provisions applicable to the principal technical representativeunder the Clause will also be applicable to other technicalrepresentative(s). The principal technical representative and othertechnical representative(s) shall be present at site of work forsupervision at all times when any construction activity is in progressand also present himself/themselves, as required to the Engineer -

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Employment oftechnical Staffand Employees

66

in- Charge and/ or his designated representative to take instructions.Instructions given to the principal technical representative(s) or othertechnical representative(s) shall be deemed to have the same force asif these have been given to the contractor. The principal technicalrepresentative and other technical representative(s) shall be actuallyavailable at site fully during all stages of execution of work, duringrecording/ checking/ test checking of measurement of works andwhenever so required by the Engineer -in- Charge and shall also notedown instructions conveyed by the Engineer -in- Charge or hisdesignated representative(s) in the site order book and shall affix his/their signature in token of noting down the instructions and in tokenof acceptance of measurements/ checked measurements/testchecked measurements. The representative(s) shall not look after anyother work. Substitutes, duly approved by Engineer –in- Charge ofthe work in similar manner as aforesaid shall be provided in eventof absence of any of the respresentative(s) by more than two days.

If the Engineer -in- Charge, whose decision in this respect is final andbinding on the contractor, is convinced that no such technicalrepresentative(s) is/are effectively appointed or is/ are effectivelyattending or fulfilling the provision of this clause, a recovery (non-refundable) shall be effected from the contractor as specified inSchedule ‘F’ and the decision of the Engineer -in-Charge as recordedin the site order book and measurement recorded/ checked/ testchecked in Measurement Books shall be final and binding on thecontractor. Further if the contractor fails to appoints suitable technicalPrincipal technical representative and/or other technicalrepresentative(s) and if such appointed persons are not effectivelypresent or are absent by more than two days without duly approvedsubstitute or do not discharge their responsibilities satisfactorily, theEngineer -in- Charge shall have full powers to suspend the executionof the work until such date as suitable other technicalrepresentative(s) is/ are appointed and the contractor shall be heldresponsible for the delay so caused to the work. The contractor shallsubmit a certificate of employment of the technical representative(s)in the form of copy of Form 16 or CPF deduction issued to theengineeres employed by him along with every on account bill/ finalbill and shall produce evidence if at any time so required by theEngineer -in- Charge.

(ii) The contractor shall provide and employ on the site only suchtechnical assistants as are skilled and experienced in their respectivefields and such foremen and supervisory staff as are competent to giveproper supervision to the work.

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The contractor shall provide and employ skilled, semiskilled andunskilled labour as is necessary for proper and timely execution ofthe work.

The Engineer -in- Charge shall be at liberty to object to and requirethe contractor to remove from the works any person who in hisopinion misconducts himself, or is incompetent or negligent in theperformance of his duties or whose employment is otherwiseconsidered by the Engineer -in- Charge to be undesirable. Such personshall not be employed again at works site without the writtenpermission of the Engineer -in- Charge and the persons so removedshall be replaced as soon as possible by competent substitutes.

CLAUSE 37(i) Sales tax/work tax/ VAT/ Building and Construction Workers

Welfare Cess or any other tax or cess in respect of this contact shallbe payable by the contractor and Jamia Millia Islamia shall notentertain any claim whatsoever in this respect. Service tax is notpayable by the Jamia Millia Islamia as per Government order on theJMI Projects/ Works. However, if Service tax is made applicable onJMI Projects/ Works, then the same shall be paid by the contractor tothe concerned department on demand and it will be reimbursed tohim by the Engineer -in- Charge after satisfying that it has beenactually and genuinely paid by the contractor.

(ii) The contractor shall deposit royalty and obtain necessary permit forsupply of the red bajri, stone, kankar, etc from local authorities.

(iii) If pursuant to or under any law, notification or order any royalty, cessor the like becomes payable by Jamia Millia Islamia and does not anytime become payable by the contractor to the State Government, Localauthorities in respect of any material used by the contractor in theworks, then in such a case it shall be lawful to the Jamia MilliaIslamia/ Government of India and it will have the right and beentitled to recover the amount paid in the circumstances as aforesaidfrom dues of the contractor.

CLAUSE 38(i) All tendered rates shall be inclusive of all taxes and levies (except

Service Tax) payable under respective statutes. However, if anyfurther tax or levy or Cess is imposed by statute, after the laststipulated date for the receipt of tender including extensions if anyand the contractor thereupon necessarily and properly pays suchtaxes/ levies/ cess, the contractor shall be reimbursed the amount so

Clauses of Contract

Levy/ taxespayable bycontractor

Conditions forreimbursement oflevy / taxes iflevied afterreceipt of tenders.

68

paid, provided such payments, if any, is not, in the opinion of theEngineer -in- Charge (whose decision shall be final and binding onthe contractor) attributable to delay in execution of work within thecontrol of the contractor.

Service Tax is not payable by the Jamia Millia Islamia as perGovernment order on the JMI Projects/ Works. However, if ServiceTax is made applicable on JMI Projects/ Works, then the same shallbe paid by the Contractor to the concerned Department on demandand it will be reimbursed to him by the Engineer -in- Charge aftersatisfying that it has been actually and genuinely paid by theContractor.

(ii) The contractor shall keep necessary books of accounts and otherdocuments for the purpose of this condition as may be necessary andshall allow inspection of the same by a duly authorized representativeof the Jamia Millia Islamia and/or the Engineer -in- Charge and shallalso furnish such other information/ document as the Engineer -in-Charge may require from time to time.

(iii) The contractor shall, within a period of 30 days of the imposition ofany such further tax or levy or cess give a written notice thereof tothe Engineer -in- Charge that the same is given pursuant to thiscondition, together with all necessary information relating there to.

CLAUSE 39Without prejudice to any of the rights or remedies under this contract ifthe contractor dies, the Engineer -in- Charge on behalf of the Vice-Chancellor,Jamia Millia Islamia shall have the option of terminating the contractwithout compensation to the contractor.

CLAUSE 40The contractor shall not be permitted to tender for works in the Jamia MilliaIslamia responsible for award and execution of contracts in which his nearrelative is posted as Section Officer/ Assistant Registrar/ DivisionalAccountant or as on Officer in any Capacity from AEE/AE and above. Heshall also intimate the names of persons who are working with him in anycapacity or are subsequently employed by him and who are near relativesto any Officer responsible for award and execution of contracts in JamiaMillia Islamia. Any breach of this condition by the contractor would renderhim liable to be debarred from tendering in Jamia Millia Islamia.

NOTE:- By the term” near relatives” is mean, wife, husband, parents andgrand parents, children and grand children, brothers and sisters, uncles,aunts and cousins and their corresponding in laws.

Clauses of Contract

Termination ofContract on deathof contractor

If relativeworking in JamiaMillia Islamia thenthe Contractor notallowed to tender.

69

CLAUSE 41No engineer employed in Building & Construction Department of the JamiaMillia Islamia shall work as a contractor or employee of a contractor for aperiod of two years after his retirement from Jamia Millia Islamia servicewithout the pervious permission of Jamia Millia Islamia in writing. Thiscontract is liable to be cancelled if either the contractor or any of hisemployees is found at any time to be such a person who had not obtainedthe permission of Jamia Millia Islamia as aforesaid, before submission ofthe tender or engagement in the contractor’s service, as the case may be.

CLAUSE 42(i) After completion of the work and also at any intermediate stage in

the event of non-reconciliation of materials issued, consumed and inbalance — (see Clause 10), theoretical quantity of materials issuedby the Jamia Millia Islamia for use in the work shall be calculated onthe basis and method given hereunder :-

(a) Quantity of cement & bitumen shall be calculated on the basis ofquantity of cement & bitumen required for different items of workas shown in the Schedule of Rate mentioned in Schedule ’F’. Incase any item is executed for which standard constants for theconsumption of cement or bitumen are not available in the abovementioned schedule/ statement or can not be derived from thesame shall be calculated on the basis of standard formula to belaid down by the Engineer-in-Charge.

(b) Theoretical quantity of steel reinforcement or structural steelsections shall be taken as quantity required as per design or asauthorised by Engineer -in- Charge, including authorizedlappages, chairs etc. plus 3% wastage due to cutting into pieces,such theoretical quantity being determined and compared withthe actual issues each diameterwise, sectionwise andcategorieswise separately.

(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wiresand cables, pig lead and G.I./M.S. sheets shall be taken asquantity actually required and measured plus 5% for wastage dueto cutting in to pieces (except in the case of G.I./M.S. sheets itshall be 10%), such determination and comparison being madediameterwise and categorieswise.

(d) For any other material as per actual requirements.

(ii) Over the theoretical quantities of materials so computed a variationshall be allowed as specified in Schedule ‘F’. The difference in the netquantities of material actually issued to the contractor and the

Clauses of Contract

No Engineer towork as contractorwithin two yearsof retirement

Return of materialand recovery forexcess materialissued.

70

theoretical quantities including such authorized variation, if notreturned by the contractor or if not fully reconciled to the satisfactionof the Engineer -in- Charge within fifteen days of the issue of writtennotice by the Engineer -in- Charge to this effect shall be recovered atthe rate specified in Schedule ‘F’ without prejudice to the provisionof the relevant conditions regarding return of materials governing thecontract. Decision of Engineer -in- Charge in regard to theoreticalquantities of materials, which should have been actually used as perthe Annexure of the standard schedule of rates and recovery at ratesspecified in Schedule ‘F’ shall be final & binding on the contractor.

For non-scheduled items, the decision of the Engineer -in- Chargeregarding theoretical quantities of materials, which should have beenactually used, shall be final and binding on the contractor.

(iii) The said action under this clause is without prejudice to the right ofthe Jamia Millia Islamia to take action against the contractor underany other conditions of contract for not doing the work according tothe prescribed specifications.

CLAUSE 43The work (Whether fully constructed or not) and all materials, machines,tools and plants, scaffolding, temporary buildings and other thingsconnected therewith shall be at the risk of the contractor until the work hasbeen delivered to the Engineer -in- Charge and a certificate from him tothat effect obtained. In the event of the work or any materials properlybrought to the site for incorporation in the work being damaged ordestroyed in consequence of hostilities or warlike operation, the contractorshall when ordered (in writing) by the Engineer -in- Charge to remove anydebris from the site, collect and properly stack or remove in store allserviceable materials salvaged from the damaged work and shall be paidat the contract rates in accordance with the provision of this agreement forthe work of clearing the site of debris, staking or removal of serviceablematerial and for reconstruction of all works ordered by the Engineer -in-Charge, such payment being in addition to compensation up to the valueof the work originally executed before being damaged or destroyed andnot paid for. In case of works damaged or destroyed but not alreadymeasured and paid for, the compensation shall be assessed by the Engineer-in- Charge up to Rs. 5000/-. The contractor shall be paid for the damages/destruction suffered and for the restoring the material at the rate based onanalysis of rates tendered for in accordance with the provision of thecontract. The certificate of the Engineer -in- Charge regarding the qualityand quantity of materials and the purpose for which they were collectedshall be final and binding on all parties to this contract.

Clauses of Contract

Compensationduring warlikesituations

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Provided always that no compensation shall be payable for any loss inconsequence of hostilities or warlike operation (a) unless the contractor hadtaken such precautions against air raid as are deemed necessary by theA.R.P. Officers or the Engineer -in- Charge (b) for any material etc. not onthe site of the work or for any tools, plants, machinery, scaffolding,temporary building and other things not intended for the work.

In the event of the contractor having to carry out reconstruction as aforesaid,he shall be allowed such extension of time for its completion as isconsidered reasonable by the Engineer -in- Charge.

CLAUSE 44The contractor shall comply with the provisions of the Apprentices Act,1961 and the rules and orders issued thereunder from time to time. If hefails to do so, his failures will be a breach of the contract and the Engineer-in- Charge may, in his discretion cancel the contract. The contractor shallalso be liable for any pecuniary liability arising on account of any violationby him of the provision of the said Act.

CLAUSE 45Security Deposit of the work shall not be refunded till the contractorproduces a clearance certificate from the Labour Officer. As soon as thework is virtually complete the contractor shall apply for the clearancecertificate to the Labour Officer under intimation to the Engineer -in-Charge. The Engineer -in- Charge on receipt of the said communication,shall write to the Labour Officer to intimate if any complaint is pendingagainst the contractor in respect of the work. If no complaint is pending,on record till after 3 months after completion of the work and/or nocommunication is received from the Labour Officer to this effect till sixmonths after the due date of completion, it will be deemed to have receivedthe clearance certificate and the Security Deposit will be released ifotherwise due.

Clauses of Contract

Apprentices Actprovisions to becomplied with

Release ofSecurity depositafter labourclearance

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INTEGRITY PACT

To………............………………..

………............………………..

………............………………..

Sub: NIT No. ……………. for the work ………….............…….............

Dear Sir,

It is hereby declared that Jamia Millia Islamia is committed to followthe principle of transparency, equity and competitiveness in publicprocurement.

The subject Notice Inviting Tender (NIT) is an invitation to offermade on the condition that the bidder will sign the integrity Agreement,which is an integral part of tender/bid documents, failing which thetenderer/bidder will stand disqualified from the tendering process and thebid of the bidder would be summarily rejected.

This declaration shall form part and parcel of the integrityAgreement and signing of the same shall be deemed as acceptance andsigning of the integrity Agreement on behalf of the Jamia Millia Islamia.

Yours faithfully

University Superintending EngineerBuilding & Construction Department

Jamia Millia Islamia, New Delhi-110025

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INTEGRITY PACT

ToUniversity Superintending EngineerBuilding & Construction DepartmentJamia Millia Islamia, New Delhi-110025

Sub: Submission of Tender for the work of …………………………..

Dear Sir,

I/We acknowledge that Jamia Millia Islamia is committed to followthe principles thereof as enumerated in the integrity Agreement enclosedwith the tender/bid document.

I/We agree that the Notice Inviting Tender (NIT) is an invitation tooffer made on the condition that I/We will sign the enclosed integrityAgreement, which is an integral part of tender documents, failing whichI/We will stand disqualified from the tendering process. I/Weacknowledge that THE MAKING OF THE BID SHALL BE REGARDED ASAN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this conditionof the NIT.

I/We confirm acceptance and compliance with the integrityAgreement in letter and spirit and further agree that execution of the saidIntegrity Agreement shall be separate and distinct from the main contract,which will come into existence when tender/ bid is finally accepted by JMI.I/We acknowledge and accept the duration of the Integrity Agreement,which shall be in the line with Article 1 of the enclosed Integrity Agreement.

I/We acknowledge that in the event of my/our failure to sign andaccept the integrity Agreement, while submitting the tender/bid, JMI shallhave unqualified, absolute and unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditionsof the tender/bid.

Yours faithfully

(Duly authorized signatory of the Bidder)

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To be signed by the bidder and same signatory competent/authorized to sign the relevant contract on behalf of JMI

INTEGRITY AGREEMENT

This Integrity Agreement is made at ……………… on this ………… day

of ………. 20……..

BETWEEN

Vice-Chancellor represented through university superintending Engineer

Building & Construction Department (Hereinafter referred as the ‘Principal/Owner’, which expression shall unless repugnant to the meaning or contexthereof include its successors and permitted assigns)

AND

………………………………….... . . . . .……………………………………..(Name and Address of the Individual/ Firm/ Company)

through …………………………………. (Hereinafter referred to as the(Details of duly authorized signatory)

“Bidder/ Contractor” and which expression shall unless repugnant to themeaning or context hereof include its successors and permitted assigns)

Preamble

WHEREAS the Principal/ Owner has floated the Tender (NIT No.………..........……) (hereinafter referred to as “Tender/Bid”) and intendsto award, under laid down organizational procedure, contract for

………………………………........……………………....................………(Name of work)

hereinafter referred to as the “Contract”.

AND WHEREAS the Principal/Owner values full compliance with allrelevant laws of the land, rules, regulations, economic use of resources andof fairness/transparency in its relation with its Bidder(s) and Contractor(s).

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AND WHEREAS to meet the purpose aforesaid both the parties haveagreed to enter into this Integrity Agreement (hereinafter referred to as“Integrity Pact” or “Pact”), the terms and conditions of which shall also beread as integral part and parcel of the Tender/Bid documents and Contractbetween the parties.

NOW, THEREFORE, in consideration of mutual covenantscontained in this Pact, the parties hereby agree as follows and this Pactwitnesses as under:

Article 1: Commitment of the Principal/Owner

(1) The Principal/Owner commits itself to take all measures necessaryto prevent corruption and to observe the following principles:

(a) No employee of the Principal/Owner, personally or throughany of his/her family members, will in connection with theTender, or the execution of the Contract, demand, take apromise for or accept, for self or third person, any material orimmaterial benefit which the person is not legally entitled to.

(b) The Principal/Owner will, during the Tender process, treat allBidder(s) with equity and reason. The Principal/Owner will,in particular, before and during the Tender process, provideto all Bidder(s) the same information and will not provide toany Bidder(s) confidential/ additional information throughwhich the Bidder(s) could obtain an advantage in relation tothe Tender process or the Contract execution.

(c) The Principal/ Owner shall endeavour to exclude from theTender process any person whose conduct in the past has beenof biased nature.

(2) If the Principal/ Owner obtains information on the conduct of any ofits employees which is a criminal offence under the Indian Penal Code(IPC)/ Prevention of Corruption Act, 1988 (PC Act) or is in violationof the principles herein mentioned or if there be a substantivesuspicion in this regard, the Principal/ Owner will inform the ChiefVigilance Officer, and in addition can also initiate disciplinary actionsas per its internal laid down policies and procedures.

Article 2: Commitment of the Bidder(s)/ Contractor(s)

(1) It is required that each Bidder/ Contractor (including their respectiveofficers, employees and agents) adhere to the highest ethical standards,

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and report to the JMI all suspected acts of fraud or corruption orCoercion or Collusion of which it has knowledge or becomes aware,during the tendering process and throughout the negotiation or awardof a contract.

(2) The Bidder(s)/ Contractor(s) commits himself to take all measuresnecessary to prevent corruption. He commits himself to observe thefollowing principles during his participation in the Tender processand during the Contract execution:

(a) The Bidder(s)/ Contractor(s) will not, directly or through anyother person or firm, offer, promise or give to any of thePrincipal/ Owner’s employees involved in the Tender processor execution of the Contract or to any third person any materialor other benefit which he/ she is not legally entitled to, in orderto obtain in exchange any advantage of any kind whatsoeverduring the Tender process or during the execution of theContract.

(b) The Bidder(s)/ Contractor(s) will not enter with other Bidder(s)into any undisclosed agreement or understanding, whetherformal or informal. This applies in particular to prices,specifications, certifications, subsidiary contracts, submissionor non-submission of bids or any other actions to restrictcompetitiveness or to cartelize in the bidding process.

(c) The Bidder(s)/ Contractor(s) will not commit any offence underthe relevant IPC/ PC Act. Further the Bidder(s)/ Contractor(s)will not use improperly, (for the purpose of competition orpersonal gain), or pass on to others, any information ordocuments provided by the Principal/ Owner as part of thebusiness relationship, regarding plans, technical proposals andbusiness details, including information contained ortransmitted electronically.

(d) The Bidder(s)/ Contractor(s) of foreign origin shall disclose thenames and addresses of agents/ representatives in India, if any.Similarly Bidder(s)/ Contractor(s) of Indian Nationality shalldisclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of theforeign principal or the foreign principal directly could bid ina tender but not both. Further, in cases where an agentparticipate in a tender on behalf of one manufacturer, he shall

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not be allowed to quote on behalf of another manufactureralong with the first manufacturer in a subsequent/ paralleltender for the same item.

(e) The Bidder(s)/ Contractor(s) will, when presenting his bid,disclose any and all payments he has made, is committed toor intends to make to agents, brokers or any otherintermediaries in connection with the award of the Contract.

(3) The Bidder(s)/ Contractor(s) will not instigate third persons to commitoffences outline above or be an accessory to such offences.

(4) The Bidder(s)/ Contractor(s) will not, directly or through any otherperson or firm indulge in fraudulent practice means a willfulmisrepresentation or omission of facts or submission of fake/forgeddocuments in order to induce public official to act in reliance thereof,with the purpose of obtaining unjust advantage by or causing damageto justified interest of others and/or to influence the procurementprocess to the detriment of the JMI/ Government interests.

(5) The Bidder(s)/ Contractor(s) will not, directly or through any otherperson or firm use Coercive Practices (means the act of obtainingsomething, compelling an action or influencing a decision throughintimidation, threat or the use of force directly or indirectly, wherepotential or actual injury may befall upon a person, his/herreputation or property to influence their participation in the tenderingprocess).

Article 3: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid downprocedures, the Principal/ Owner shall have the following rights in caseof breach of this Integrity Pact by the Bidder(s)/ Contractor(s) and theBidder/ Contractor accepts and undertakes to respect and uphold thePrincipal/ Owner’s absolute right:

(1) If the Bidder(s)/ Contractor(s), either before award or duringexecution of Contract has committed a transgression through aviolation of Article 2 above or in any other form, such as to put hisreliability or credibility in question, the Principal/ Owner after giving14 days notice to the contractor shall have powers to disqualify theBidder(s)/ Contractor(s) from the Tender process or terminate/

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determine the Contract, if already executed or exclude the Bidder/Contractor from the future contract award processes. The impositionand duration of the exclusion will be determined by the severity oftransgression and determined by the Principal/ Owner. Such exclusionmay be forever or for a limited period as decided by the Principal/Owner.

(2) Forfeiture of EMD/ Performance Guarantee/ Security Deposit: If thePrincipal/ Owner has disqualified the Bidder(s) from the Tenderprocess prior to the award of the Contract or terminated/ determinedthe Contract or has accrued the right to terminate/ determine theContract according to Article 3(1), the Principal/ Owner apart fromexercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount ofEarnest Money Deposit, Performance Guarantee and Security Depositof the Bidder/ Contractor.

(3) Criminal Liability: If the Principal/ Owner obtains knowledge ofconduct of a Bidder or Contractor, or of an employee or arepresentative or an associate of a Bidder or Contractor whichconstitutes corruption within the meaning of IPC Act, or if thePrincipal/ Owner has substantive suspicion in this regard, thePrincipal/ Owner will inform the same to law enforcing agencies forfurther investigation.

Article 4: Previous Transgression

(1) The Bidder declares that no previous transgressions occurred inthe last 5 years with any other Company in any country confirmingto the anti-corruption approach or with Central Government orState Government or any other Central/ State Public SectorEnterprises in India that could justify his exclusion from the Tenderprocess.

(2) If the Bidder makes incorrect statement on this subject, he can bedisqualified from the Tender process or action can be taken forbanning of business dealings/ holiday listing of the Bidder/Contractor as deemed fit by the Principal/ Owner.

(3) If the Bidder/ Contractor can prove that he has resorted/ recoupedthe damage caused by him and has installed a suitable corruptionprevention system, the Principal/ Owner may, at its own discretion,revoke the exclusion prematurely.

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Article 5: Equal Treatment of all Bidders/ Contracts/ Subcontractors

(1) The Bidder(s)/ Contractor(s) undertake(s) to demand from allsubcontractors a commitment in conformity with this Integrity Pact.The Bidder/ Contractor shall be responsible for any violation(s) of theprinciples laid down in this agreement/ Pact by any of itssubcontractors/ Sub-vendors.

(2) The Principle/ Owner will enter into Pacts on identical terms as thisone with all Bidders and Contractors.

(3) The Principal/ Owner will disqualify Bidders, who do not submit,the duly signed Pact between the Principal/ Owner and the bidder,along with the Tender or violate its provisions at any stage of theTender process, from the Tender process.

Article 6: Duration of the Pact

This Pact begins when both the parties have legally signed it. It expiresfor the Contractor/ Vendor 12 months after the completion of work underthe contract or till the continuation of defect liability period, whichever ismore and for all other bidders, till the Contract has been awarded.

If any claim is made/ lodged during the time, the same shall be bindingand continue to be valid despite the lapse of this Pacts as specified above,unless it is discharged/determined by the Competent Authority, JMI.

Article 7: Other Provisions

(1) This Pact is subject to Indian Law place of performance andjurisdiction is the Head Quarter of JMI i.e. New Delhi/ Delhi.

(2) Changes and supplements need to be made in writing. Sideagreements have not been made.

(3) If the Contractor is a partnership or a consortium, this Pact must besigned by all the partners or by one or more partner holding powerof attorney signed by all partners and consortium members. In caseof a Company, the Pact must be signed by a representative dulyauthorized by board resolution.

(4) Should one or several provisions of this Pact turn out to be invalid;the remainder of this Pact remains valid. In this case, the parties willstrive to come to an agreement to their original intensions.

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(5) It is agreed term and condition that any dispute or difference arisingbetween the parties with regard to the terms of this integrity/Agreement/ Pact, any action taken by the Owner/ Principal inaccordance with this Integrity Agreement/ Pact or interpretationthereof shall not be subject to arbitration.

Article 8: Legal and Prior Rights

All rights and remedies of the parties hereto shall be in addition to all theother legal rights and remedies belonging to such parties under theContract and/or law and the same shall be deemed to be cumulative andnot alternative to such legal rights and remedies aforesaid. For the sake ofbrevity, both the Parties agree that this Integrity Pact will have precedenceover the Tender/ Contact documents with regard any of the provisionscovered under this Integrity Pact.

IN WITNESS WHEREOF the parties have signed and executed thisIntegrity Pact at the place and date first above mentioned in the presenceof following witnesses.

__________________________________(For and on behalf of Proprietor / Owner)

__________________________________(For and on behalf of Bidder/ Contractor)

WITNESSES

1. … … … … … … … … … … … … … … …(signature, name and address)

2. … … … … … … … … … … … … … … …(signature, name and address)

Place :

Dated:

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CPWD – SAFETY CODE AS APPLICABLE FORJAMIA MILLIA ISLAMIA WORKS

1. Suitable scaffolds should be provided for workmen for all works thatcannot safely be done from the ground, or from solid constructionexcept such short period work as can be done safely from ladders.When a ladder is used, an extra mazdoor shall be engaged for holdingthe ladder and if the ladder is used for carrying material as wellsuitable footholds and hand- hold shall be provided on the ladderand the ladder shall be given an inclination not steeper than ¼ to 1(1/4 horizontal and 1 vertical).

2. Scaffolding of staging more than 3.6m(12ft.) above he ground or floor,swung or suspended from an overhead support or erected withstationary support shall have a guard rail properly attached or bolted,braced and otherwise secured at least 90cm(3ft.) high above the flooror platform of such scaffolding or staging and extending along theentire length of the outside and ends there of with only such openingas may be necessary for the delivery of materials. Such scaffolding orstaging shall be so fastened as to prevent it from swaying from thebuilding or structure.

3. Working platforms, gangways and stairways should be so constructedthat they should not sag unduly or unequally, and if the height of theplatform or the gangway or the stairway is more than 3.60m (12 ft.)above ground level or floor level, they should be closely boarded,should have adequate width and should be suitably fastened asdescribed in (2) above.

4. Every opening in the floor of a building or in a working platform shallbe provided with suitable means to prevent the fall of person ormaterials by providing suitable fencing or railing whose minimumheight shall be 90 cm (3 ft.)

5. Safe means of access shall be provided to all working platforms andother working places. Every ladder shall be securely fixed. Noportable single ladder shall be over 9 m (30ft.) in length while the widthbetween side rails in rung ladder shall in no case be less than 29 cm(11’.6") for ladder upto and including 3 m (10 ft.) in length. For longerladders, this width should be increased at least ¼” for each additional30 cm (1 foot) of length. Uniform step spacing of not more than 30cm

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shall be kept. Adequate precautions shall be taken to prevent dangerfrom electrical equipment. No materials on any of the sites or workshall be so stacked or placed as to cause danger or inconvenience toany person or the public. The contractor shall provide all necessaryfencing and lights to project the public from accident and shall bebound to bear the expenses of defence of every suit, action or otherproceedings at law that may be brought by any person for injurysustained owing to neglect of the above precautions and to pay anydamages and cost which may be awarded in any such suit; action orproceedings to any such person or which may, with the consent ofthe contractor, be paid to compensate any claim by any such person.

6. (a) Excavation and Trenching — All trenches 1.2 m. (4 ft.) or morein depth, shall at all times be supplied with at least one ladderfor each 30 m (100 ft.) in length or fraction thereof, Ladder shallextend from bottom of the trench to at least 90 cm (3 ft.) abovethe surface of the ground. The side of the trenches which are1.5 m. (5 ft.) or more in depth shall be stepped back to givesuitable slope or securely held by timber bracing, so as to avoidthe danger of sides collapsing. The excavated materials shallnot be placed within 1.5 m. (5 ft.) of the edges of the trench orhalf of the depth of the trench whichever is more. Cutting shallbe done from top to bottom. Under no circumstancesundermining or undercutting shall be done.

(b) Safety Measures for digging bore holes :–

(i) If the borewell is successful, it should be safely capped toavoid caving and collapse of the borewell. The failed andthe abandoned ones should be completely refilled to avoidcaving and collapses;

(ii) During drilling, Signboards should be erected near the sitewith the address of the drilling contractor and the Engineer-in- Charge of the work;

(iii) Suitable fencing should be erected around the well duringthe drilling and after the installation of the rig on the pointof drilling, flags shall be put 50m around the point ofdrilling to avoid entry of people;

(iv) After drilling to borewell, a cement platform (0.5m x 0.5mx 1.2 m) 0.6m above the ground level and 0.60m belowground level should be constructed round the well caving;


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(v) After the completion of the borewell the contractor shouldcap the borewell properly by welding steel plate, cover theborewell with the drilled wet soil and fix the thorny shrubsover the soil. This should be done even while repairing thepump;

(vi) After the borewell is drilled, the entire site should bebrought to the ground level.

7. Demolition -- before any demolition work is commenced and alsoduring the progress of the work,

i) All roads and open areas adjacent to the work site shall eitherbe closed or suitably protected.

ii) No electric cable or apparatus which is liable to be a source ofdanger or a cable or apparatus used by the operator shallremain electrically charged.

iii) All practical steps shall be taken to prevent danger to personsemployed from risk of fire or explosion or flooding. No floor,roof or other part of the building shall be so overloaded withdebris or materials as to render it unsafe.

8. All necessary personal safety equipment as considered adequate bythe Engineer -in- Charge should be kept available for the use of theperson employed on the site and maintained in a condition suitablefor immediate use, and the contractor should take adequate steps toensure proper use of equipment by those concerned:–

The following safety equipment shall invariably be provided

(i) Workers employed on mixing asphaltic materials, cement andlime mortars shall be provided with protective footwear andprotective goggles.

(ii) Those engaged in white washing and mixing or stacking ofcement bags or any material which is injurious to the eyes, shallbe provided with protective goggles.

(iii) Those engaged in welding works shall be provided withwelders’ protective eye shields.

(iv) Stone breaker shall be provided with protective goggles andprotective clothing and seated at sufficiently safe intervals.


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(v) When workers are employed in sewers and manholes, whichare in active use, the contractors shall ensure that the manholecovers are opened and ventilated at least for an hour before theworkers are allowed to get into the manholes, and the manholesso opened shall be cordoned off with suitable railing andprovided with warning signals or boards to prevent accidentto the public. In addition, the contractor shall ensure that thefollowing safety measure are adhered to:—

a) Entry for workers into the line shall not be allowed exceptunder supervision of the JE or any other higher officer.

b) At least 5 to 6 manholes upsteam and downstream shouldbe kept open for at least 2 to 3 hours before any man isallowed to enter into the manhole for working inside.

c) Before entry, presence of Toxic gases should be tested byinserting wet lead acetate paper which changes colour inthe presence of such gases and gives indication of theirpresence.

d) Presence of Oxygen should be verified by lowering adetector lamp into the manhole. In case, no Oxygen is foundinside the sewer line, workers should be sent only withOxygen kit.

e) Safety belt with rope should be provided to the workers.While working inside the manholes, such rope should behandled by two men standing outside to enable him to bepulled out during emergency.

f) The area should be barricaded or cordoned of by suitablemeans to avoid mishaps of any kind. Proper warning singsshould be displayed for the safety of the public whenevercleaning works are undertaken during night or day.

g) No smoking or open flames shall be allowed near theblocked manhole being cleaned.

h) The malba obtained on account of cleaning of blockedmanholes and sewer lines should be immediately removedto avoid accidents on account of slippery nature of the malba.

i) Workers should not be allowed to work inside the manholecontinuously. He should be given rest intermittently. TheEngineer -in- Charge may decide the time up to which a


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worker may be allowed to work continuously inside themanhole.

j) Gas masks with Oxygen Cylinder should be kept at site foruse in emergency.

k) Air-blowers should be used for flow of fresh air throughthe manholes. Whenever called for portable air blowers arerecommended for ventilating the manholes. The motors forthese shall be vapour proof and totally enclosed type. Nonsparking gas engines also could be used but they shouldbe placed at least 2 metres away from the opening and onthe leeward side protected from wind so that they will notbe a source of friction on any inflammable gas that mightbe present.

l) The workers engaged for cleansing the manholes/ sewersshould be properly trained before allowing work in themanhole.

m) The workers shall be provided with Gumboots or non-sparking shoes bump helmets and gloves non-sparkingtools safety lights and gas masks and portable air blowers(when necessary). They must be supplied with barriercream for anointing the limbs before working inside thesewer lines.

n) Workmen descending a manhole shall try each ladder stopor rung carefully before putting his full weight on it toguard against insecure fastening due to corrosion of therung fixed to manhole well.

o) If a man has received a physical injury, he should bebrought out of the sewer immediately and adequatemedical aid should be provided to him.

p) The extent to which these precautions are to be takendepend on individual situation but the decision of theEngineer -in- Charge regarding the steps to be taken in thisregard in an individual case will be final.

(vi) The contractor shall not employ men and women below the ageof 18 years on the work of painting with products containinglead in any from. Wherever men above the age of 18 are


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employed on the work of lead painting, the followingprecaution should be taken:—

a) No paint containing lead or lead products shall be usedexcept in the form of paste or readymade paint.

b) Suitable face masks should be supplied for use by theworkers when paint is applied in the form of spray or asurface having lead paint is dry rubbed and scraped.

c) Overalls shall be supplied by the contractors to theworkmen and adequate facilities shall be provided toenable the working painters to wash during and on thecessation of work.

9. An additional clause (VIII)(i) of Central Public Works DepartmentSafety Code (iv) the contractor shall not employ women and menbelow the age of 18 on the work of painting with product containinglead in any form, wherever men above the age of 18 are employedon the work of lead painting, the following principles must beobserved for such use.

(i) White lead, sulphate of lead or product containing thesepigment, shall not be used in painting operation except in theform of pastes or paint ready for use.

(ii) Measures shall be taken, wherever required in order to preventdanger arising from the application of paint in the form of spray.

(iii) Measures shall be taken, wherever practicable, to preventdanger arising out of from dust caused by dry rubbing downand scraping.

(iv) Adequate facilities shall be provided to enable workingpainters to wash during and on cessation of work.

(v) Overall shall be worm by working painters during the wholeof working period.

(vi) Suitable arrangement shall be made to prevent clothing put offduring working hours being spoiled by painting materials.

(vii) Case of lead poisoning and suspected lead poisoning shall benotified and shall be subsequently verified by medical manappointed by Vice Chancellor, Jamia Millia Islamia.

(viii) JMI may require, when necessary medical examination ofworkers.


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(ix) Instruction with regard to special hygienic precautions to betaken in the painting trade shall be distributed to workingpainters.

10. When the work is done near any place where there is risk of drowning,all necessary equipments should be provided and kept ready for useand all necessary steps taken for prompt rescue of any person indanger and adequate provision, should be made for prompt first aidtreatment of all injuries likely to be obtained during the course of thework.

11. Use of hoisting machines and tackle including their attachments,anchorage and supports shall conform to the following standards orconditions:—

(i) (a) These shall be of good mechanical construction, soundmaterials and adequate strength and free from patentdefects and shall be kept repaired & good working order.

(b) Every rope used in hoisting or lowering materials or as ameans of suspension shall be of durable quality andadequate strength, and free from patent defects.

(ii) Every crane driver or hoisting appliance operator, shall beproperly qualified and no person under the age of 21 yearsshould be in charge of any hoisting machine including anyscaffolding winch or given signals to operator.

(iii) In case of every hoisting machine and of every chain ring hook,shackle swivel and pulley block used in hoisting or as meansof suspension, the safe working load be ascertained byadequate means. Every hoisting machine and all gear referredto above shall be plainly marked with the safe working load.In case of a hoisting machine having a variable safe workingload each safe working load and the condition under which itis applicable shall be clearly indicated. No part of anymachine or any gear referred to above in this paragraph shallbe loaded beyond the safe working load except for thepurpose of testing.

(iv) In case of departmental machines, the safe working load shallbe notified by the Electrical Engineer -in- Charge. As regardscontractor’s machines the contractors shall notify the safeworking load of the machine to the Engineer -in- Charge


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whenever he brings any machinery to site of work and get itverified by Electrical Engineer concerned.

12. Motors, gearing, transmission, electric wiring and other dangerousparts of hoisting appliances should be provided with efficientsafeguards. Hoisting appliances should be provided with such meansas will reduce to the minimum the risk of accidental descent of theload. Adequate precautions should be taken to reduce to theminimum the risk of any part of a suspended load becomingaccidentally displaced. When workers are employed on electricalinstallations which are already energized, insulating mats, wearingapparel, such as gloves, sleeves and boots as may be necessary shouldbe provided. The worker should not wear any rings, watches and carrykeys or other materials which are good conductors of electricity.

13. All scaffolds, ladders and other safety devices mentioned or describedherein shall be maintained in safe condition and no scaffold, ladderor equipment shall be altered or removed while it is in use. Adequatewashing facilities should be provided at or near places of work.

14. These safety provisions should be brought to the notice of allconcerned by display on a notice board at a prominent place at workspot. The person responsible for compliance of the safety code shallbe named therein by the contractor.

15. To ensure effective enforcement of the rules and regulations relatingto safety precautions the arrangements made by contractor shall beopen to inspection by the Labour Officer or Engineer -in- Charge ofthe department or their representatives.

16. Notwithstanding the above clauses from (1) to (15), there is nothingin these to exempt the contractor from the operation of any other Actor Rule in force in the Republic of India.


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MODEL RULES FOR THE PROTECTION OF HEALTHAND SANITARY ARRANGEMENTS FOR WORKERS

EMPLOYED BY THE CONTRACTORS FORJAMIA MILLIA ISLAMIA WORK(S)

1. APPLICATIONThese rules shall apply to all buildings and construction works incharge of B & C Department, Jamia Millia Islamia in which twenty ormore workers are ordinarily employed or are proposed to beemployed in any day during the period during which the contractwork is in progress.

2. DEFINITIONWork place means a place where twenty or more workers areordinarily employed in connection with construction work on any dayduring the period during which the contract works is in progress.

3. FIRST-AID FACILITIES(i) At every work place, there shall be provided and maintained,

so as to be easily accessible during working hours, first–aidboxes at the rate of not less than one box for 150 contract labouror part thereof ordinarily employed.

(ii) The first-aid box shall be distinctly marked with a red cross onwhite background and shall contain the following equipment:—

a) For work places in which the number of contract Labouremployed does not exceed 50.

Each first-aid box shall contain the following equipments:—

1. 6 Small sterilized dressings.

2. 3 medium size sterilized dressings.

3. 3 large size sterilized dressings.

4. 3 large sterilized burn dressings.

5. 1 (30 ml.) bottle containing a two per cent alcoholicsolution of iodine.

6. 1 (30 ml.) bottle containing salvolatile having the doseand mode of administration indicated on the label.

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7. 1 snakebite lancet.

8. 1 (30 gms.) bottle of potassium permanganate crystals.

9. 1 pair scissors.

10. 1 copy of the first-aid leaflet issued by the DirectorGeneral, Factory Advice Service and Labour Institutes,Government of India.

11. 1 bottle containing 100 tablets (each of 5 gms.) ofaspirin.

12. Ointment for burns.

13. A bottle of suitable surgical antiseptic solution.

(b) For work places in which the number of contract labourexceed 50.

Each first-aid box shall contain the following equipments.

1. 12 Small sterilized dressings.

2. 6 medium size sterilized dressings.

3. 6 large size sterilized dressings.

4. 6 large size sterilized burn dressings.

5. 6 (15 gms.) Packets sterilized cotton wool.

6. 1 (60 ml.) bottle containing a two percent alcoholicsolution iodine.

7. 1 (60ml.) bottle containing salvolatile having the doseand mode of administration indicated on the label.

8. 1 roll of adhesive plaster.

9. 1 snakebite lancet.

10. (30 gms.) bottle of potassium permanganate crystals.

11. 1 Pair scissors.

12. 1 copy of the first-aid leaflet issued by the DirectorGeneral Factory Advice Service and Labour Institutes/Government of India.

13. A bottle containing 100 tablets (each of 5 gms.) ofaspirin.

14. Ointment for burns.

15. A bottle of suitable surgical antiseptic solution.

(iii) Adequate arrangements shall be made for immediaterecoupment of the equipment when necessary.

Protection of Health and Sanitary

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(iv) Nothing except the prescribed contents shall be kept in theFirst–aid box.

(v) The First –aid box shall be kept in charge of a responsibleperson who shall always be readily available during theworking hours of the work place.

(vi) A person in charge of the First-aid box shall be a person trainedin First-Aid treatment in the work places where the number ofcontract labour employed is 150 or more.

(vii) In work places where the number of contract labour employedis 500 or more and hospital facilities are not available withineasy distance from the works,. First-aid posts shall beestablished and run by a trained compounder. TheCompounder shall be on duty and shall be available at allhours when the workers are at work.

(viii) Where work places are situated in places which are not townsor cities, a suitable motor transport shall be kept readilyavailable to carry injured person or person suddenly taken illto the nearest hospital.

4. DRINKING WATER

(i) In every work place, there shall be provided and maintainedat suitable places, easily accessible to labour, a sufficientsupply of cold water fit for drinking.

(ii) Where drinking water is obtained from an intermittent publicwater supply, each work place shall be provided with storagewhere such drinking water shall be stored.

(iii) Every water supply or storage shall be at a distance of not lessthan 50 feet from any latrine drain or other source of pollution.Where water has to be drawn from an existing well which iswithin such proximity of latrine, drain or any other source ofpollution, the well shall be properly chlorinated before wateris drawn from it for drinking. All such wells shall be entirelyclosed in and be provided with a trap door which shall be dustand waterproof.

(iv) A reliable pump shall be fitted to each covered well, the trapdoor shall be kept locked and opened only for cleaning orinspection which shall be done at least once a month.


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5. WASHING FACILITIES(i) In every work place adequate and suitable facilities for washing

shall be provided and maintained for the use of contract labouremployed therein.

(ii) Separate and adequate cleaning facilities shall be provided forthe use of male and female workers.

(iii) Such facilities shall be conveniently accessible and shall be keptin clean and hygienic condition.

6. LATRINES AND URINALS(i) Latrines shall be provided in every work place on the following

scale namely:-

(a) Where female are employed, there shall be at least onelatrine for every 25 females.

(b) Where males are employed, there shall be at lest one latrinefor every 25 males.

Provided that where the number of males or femalesexceeds 100, it shall be sufficient if there is one latrine for25 males or females as the case may be up to the first 100,and one for every 50 thereafter.

(ii) Every latrine shall be under cover and so partitioned off as tosecure privacy, and shall have a proper door and fastenings.

(iii) Construction of Latrine: The inside walls shall be constructedof masonry or some suitable heat-resisting nonabsorbentmaterials and shall be cement washed inside and outside atleast once a year, Latrines shall not be of a standard lower thanborehole system.

(iv) (a) Where workers of both sexes are employed, there shallbe displayed outside each block of latrine and urinal, anotice in the language understood by the majority of theworkers” For Men Only” or “ For Women Only” as thecase may be.

(b) The notice shall also bear the figure of a man or of awoman, as the as may be.

(v) There shall be at least one urinal for male workers up to 50 andone for female workers up to fifty employed at a time, providedthat where the number of male or female workmen, as the case


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may be exceeds 500, it shall be sufficient if there is one urinalfor every 50 males or females up to the first 500 and one forevery 100 or part thereafter.

(vi) (a) The latrines and urinals shall be adequately lighted and shallbe maintained in a clean and sanitary condition at all times.

(b) Latrines and urinals other than those connected with aflush sewage system shall comply with the requirementsof the Public Health Authorities.

(vii) Water shall be provided by means of tap or otherwise so as tobe conveniently accessible in or near the latrines and urinals.

(viii) Disposal of excreta: Unless otherwise arranged for by the localsanitary authority, arrangements for proper disposal of excretaby incineration at the work place shall be made by means of asuitable incinerator. Alternately excreta may be disposed of byputting a layer of night soil at the bottom of a pucca tankprepared for the purpose and covering it with a 15 cm. layerof waste or refuse and then covering it with a layer of earth fora fortnight (when it will turn to manure).

(ix) The contractor shall at his own expense, carry out allinstructions issued to him by the Engineer -in- Charge to effectproper disposal of night soil and other conservancy work inrespect of the contractors’ workmen or employees on the site.The contractor shall be responsible for payment of any chargeswhich may be levied by Municipal or Cantonment Authorityfor execution of such on his behalf.

7. PROVISION OF SHELTER DURING RESTAt every place there shall be provided, free of cost, four suitablesheds, two for meals and the other two for rest separately for the useof men and women labour. The height of each shelter shall not be lessthan 3 meters (10 ft.) from the floor level to the lowest part of the roof.These shall be kept clean and the space provided shall be on the basisof 0.6 Sqm.(6 sft) per head.

Provided that the Engineer -in- Charge may permit subject to hissatisfaction, a portion of the building under construction or otheralternative accommodation to be used for the purpose.

8. CRÈCHES

(i) At every work place, at which 20 or more women worker are


94

ordinarily employed, there shall be provided two rooms ofreasonable dimensions for the use of their children under theage of six years. One room shall be used as a play room forthe children and the other as their bedroom. The rooms shallbe constructed with specifications as per clause 19H(ii) a,b & c.

(ii) The rooms shall be provided with suitable and sufficientopenings for light and ventilation. There shall be adequateprovision of sweepers to keep the places clean.

(iii) The contractor shall supply adequate number of toys andgames in the playroom and sufficient number of cots andbeddings in the bedroom.

(iv) The contractor shall provide one ayaa to look after the children inthe crèche when the number of women workers does not exceed50 and two when the number of women workers exceed 50.

(v) The use of the rooms earmarked as crèches shall be restrictedto childrens their attendants and mothers of the children.

9. CANTEENS(i) In every work place where the work regarding the employment

of contract labour is likely to continue for six months and wherein contract labour numbering one hundred or more areordinarily employed, an adequate canteen shall be providedby the contractor for the use of such contract labour.

(ii) The canteen shall be maintained by the contractor in an efficientmanner.

(iii) The canteen shall consist of at least a dining hall, kitchen,storeroom, pantry and washing places separately for workersand utensils.

(iv) The canteen shall be sufficiently lighted at all times when anyperson has access to it.

(v) The floor hall be made of smooth and impervious materialsand inside walls shall lime-washed or colour washed at leastonce in each year.

Provided that the inside walls of the kitchen shall be lime-washed every four months.

(vi) The premises of the canteen shall be maintained in a clean andsanitary condition.


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(vii) Waste water shall be carried away in suitable covered drainsand shall not be allowed to accumulate so as to cause anuisance.

(viii) Suitable arrangements shall be made for the collection anddisposal of garbage.

(ix) The dining hall shall accommodate at a time 30 per cent of thecontract labour working at a time.

(x) The floor area of the dining hall, excluding the area occupiedby the service counter and any furniture except tables andchairs shall not be less than one square meter (10 sft) per dinerto be accommodated as prescribed in sub-rule (IX).

(xi) (a) A portion of the dining hall and service counter shall bepartitioned off and reserved for women workers inproportion to their number.

(b) Washing places for women shall be separate and screenedto secure privacy.

(xii) Sufficient table stools, chair or benches shall be available forthe number of diners to be accommodated as prescribed in sub-rule (IX).

(xiii) (a) 1. There shall be provided and maintained sufficientutensils crockery, furniture and any other equipmentnecessary for the efficient running of the canteen.

2. The furniture utensils and other equipment shall bemaintained in a clean and hygienic condition.

(b) 1. Suitable clean clothes for the employees serving in thecanteen shall be provided and maintained.

2. A service counter, if provided, shall have top ofsmooth and impervious material.

3. Suitable facilities including an adequate supply of hotwater shall be provided for the cleaning of utensils andequipments.

(xiv) The food stuffs and other items to be served in the canteen shallbe in conformity with the normal habits of the contractor labour.

(xv) The charges for food stuffs, beverages and any other itemsserved in the canteen shall be based on ‘No profit, No loss’ andshall be conspicuously displayed in the canteen.


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(xvi) In arriving at the price of foodstuffs, and other article servedin the canteen, for following items shall not be taken in toconsideration as expenditure namely:—

(a) The rent of land and building.

(b) The depreciation and maintenance charges for the buildingand equipments provided for the canteen.

(c) The cost of purchase, repairs & replacement of equipmentsincluding furniture, crockery, cutlery and utensils.

(d) The water charges and other charges incurred for lightingand ventilation.

(e) The interest and amounts spent on the provisionand maintenance of equipments provided for the canteen.

(xvii) The accounts pertaining to the canteen shall be audited onceevery 12 months by registered accountants and auditors.

10. ANTI-MALARIAL PRECAUTIONS

The contractor shall at his own expense, conform to all anti-malarialinstructions given to him by the Engineer -in- Charge including thefilling up of any borrow pits which may have been dug by him.

11. The above rules shall be incorporated in the contracts and in noticesinviting tenders and shall from an integral part of the contracts.

12. AMENDMENTS

Jamia Millia Islamia may, from time to time, add to or amend theserules and issue directions - it may consider necessary for the purposeof removing any difficulty which may arise in the administrationthereof.


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CPWD CONTRACTOR’S LABOUR REGULATIONSARE ALSO APPLICABLE FOR JMI WORKS

1. SHORT TITLEThese regulations may be called the CPWD/PWD/(DA) ContractorsLabour Regulations.

2. DEFINITIONS(i) Workman means any person employed by JMI or its contractor

directly or indirectly through a subcontractor with or withoutthe knowledge of the JMI to do any skilled, semiskilled orunskilled manual, supervisory, technical or clerical work forhire or reward, whether the terms of employment are expressedor implied but does not include any person:—

(a) Who is employed mainly in a managerial or administrativecapacity; or

(b) Who, being employed in a supervisory capacity drawswages exceeding five hundred rupees per mensem orexercises either by the nature of the duties attached to theoffice or by reason of powers vested in him, functionsmainly of managerial nature: or

(c) Who is an out worker, that is to say, person to whom anyarticle or materials are given out by or on behalf of theprincipal employers to be made up cleaned, washed,altered, ornamental finished, repaired adopted or otherwiseprocessed for sale for the purpose of the trade or businessof the principal employers and the process is to be carriedout either in the home of the out worker or in some otherpremises, not being premises under the control andmanagement of the principal employer.

No person below the age of 14 years shall be employed to actas a workman.

(ii) Fair Wages means wages whether for time or piece work fixedand notified under the provisions of the Minimum Wages Actfrom time to time.

(iii) Contractors shall include every person who undertakes toproduce a given result other than a mere supply of goods or

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articles of manufacture through contract labour or who suppliescontract labour for any work and includes a subcontractor.

(iv) Wages shall have the same meaning as defined in the Paymentsof Wages Act.

3. WORKING HOURS(i) Normally working hours of an adult employee should not

exceed 9 hours a day. The working day shall be so arrangedthat inclusive of interval for rest, if any, it shall not spread overmore that 12 hours on any day.

(ii) When an adult worker is made to work for more than 9 hourson any day or for more 48 hours in any week, he shall be paidover time for the extra hours put in by him at double theordinary rate of wages.

(iii) (a) Every worker shall be given a weekly holiday normally ona Sunday, in accordance with the provisions of theMinimum Wages (Central) Rules 1960 as amended fromtime to time irrespective of whether such worker isgoverned by the Minimum Wages Act or not.

(b) Where the minimum wages prescribed by the Governmentunder the Minimum Wages Act are not inclusive of thewages for the weekly day of rest, the worker shall beentitled to rest day wages at the rate applicable to the nextpreceding day, provided he has worked under the samecontractor for a continuous period of not less than 6 days.

(c) Where a contractor is permitted by the Engineer -in- Chargeto allow a worker to work on a normal weekly holiday, heshall grant a substituted holiday to him for the whole dayon one of the five days immediately before or after thenormal weekly holiday and pay wages to such worker forthe work performed on the normal weekly holiday atovertime rate.

4. DISPLAY OF NOTICE REGARDING WAGES ETC

The Contractor shall before he commences his work on contract,display and correctly maintain and continue to display and correctlymaintain in a clear and legible condition in conspicuous places on thework, notices in English and in the local Indian languages spoken bythe majority of the workers giving the minimum rates of wages fixed

CPWD Contractor’s Labour Regulations

99

under Minimum Wages Act, the actual wages being paid, the hours ofwork for which such wages are earned, wages period, dates of paymentsof wages and other relevant information as per Appendix ‘III’.

5. PAYMENT OF WAGES(i) The contractor shall fix wage periods in respect of which wages

shall be payable.

(ii) No wages period shall exceed one month.

(iii) The wages of every person employed as contract labour in anestablishment or by a contractor where less than one thousandsuch persons are employed shall be paid before the expiry ofseventh day and in other cases before the expiry of tenth dayafter the last day of wage period in respect of which the wagesare payable.

(iv) Where the employment of any worker is terminated by or onbehalf of the contractor the wages earned by him shall be paidbefore the expiry of the second working day from the date onwhich his employment is terminated.

(v) All payment of wages shall be made on a working day at thework premises and during the working time and on a datenotified in advance and in case the work in completed beforethe expiry of the wage period, final payment shall be madewithin 48 hours of the last working day.

(vi) Wages due to every worker shall be paid to him direct or toother person authorized by him this behalf.

(vii) All wages shall be paid in current coin or currency or inboth.

(viii) Wages shall be paid without any deductions of any kind exceptthose specified by the Central Government by general or specialorder in this behalf or permissible under the Payment of WagesAct 1956.

(ix) A notice showing the wages period and the place and time ofdisbursement of wages shall be displayed at the place of workand a copy sent by the contractor to the Engineer -in- Chargeunder acknowledgment.

(x) It shall be the duty of the contractor to ensure the disbursementof wages in the presence of the Junior Engineer or any otherauthorized representative of the Engineer -in- Charge who will


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be required to be present at the place and time of disbursementof wages by the contractor to workermen.

(xi) The contractor shall obtain from the Junior Engineer or anyother authorized representative of the Engineer -in- Charge asthe case may be a certificate under his signature at the end ofthe entries in the “Register of Wages” or the “Wages-cum-Master Roll” as the case may be in the following form:—

“Certified that the amount shown in column No. ……………has been paid to the workman concerned in may presenceon……............……… dated……….......……..”

6. FINES & DEDUCTIONS, WHICH MAY BE MADE FROM WAGES

(i) The wages of a worker shall be paid to him without anydeduction of any kind except the following:—

(a) Fines

(b) Deductions for absence from duty i.e. from the place or theplaces where by the terms of his employment he isrequired to work. The amount of deduction shall be inproportion to the period for which he was absent.

(c) Deduction for damage to or loss of goods expresslyentrusted to the employed person for custody, or for lossof money or any other deduction which he is required toaccount, where such damage or loss is directly attributableto his neglect or default.

(d) Deduction for recovery of advances or for adjustment ofoverpayment of wages, advances granted shall be enteredin a register.

(e) Any other deduction which the Central Government mayfrom time to time allow.

(ii) No fines should be imposed on any worker save in respect ofsuch acts and omissions on his part as have been approved ofby the Chief Labour Commissioner.

NOTE:– An approved list of Acts and Omissions for which finescan be imposed is enclosed at Appendix-X.

(iii) No fine shall be imposed on a worker and on deduction fordamage or loss shall be made from his wages until the workerhas been given an opportunity of showing cause against suchfines or deductions.


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(iv) The total amount of fine which may be imposed in any onewage period on a worker shall not exceed an amount equal tothree paise in a rupee of the total wages, payable to himrespect of that wage period.

(v) No fine imposed on any worker shall be recovered from himby installment, or after the expiry of sixty days from the dateon which it was imposed.

(vi) Every fine shall be deemed to have been imposed on the dayof the act or omission in respect of which it was imposed.

7. LABOUR RECORDS

(i) The contractor shall be maintain a Register of personsemployed on work on contract in From XIII of the CL (R&A)Central Rules 1971 (Appendix-IV).

(ii) The contractor shall maintain a Muster Roll register in respectof all workmen employed by him on the work under Contractin From XVI of the CL (R&A) Rules 1971 (Appendix-V).

(iii) The contractor shall maintain of Wage Register in respect of allworkmen employed by him on the work under contract in FormXVII of the CL(R&A) Rules 1971 (Appendix VI).

(iv) Register of accidents:— The contractor shall maintain a registerof accidents in such from as may be convenient at the workplace but the same shall include the following particulars.

(a) Full particulars of the laborers who met with accident.

(b) Rate of wages.

(c) Sex.

(d) Age.

(e) Nature of accident and cause of accident.

(f) Time and date of accident.

(g) Date and time when, admitted in Hospital.

(h) Date of discharge from the Hospital.

(i) Period of treatment and result of treatment.

(j) Percentage of loss of earning capacity and disability asassessed by Medical Officer.

(k) Claim required to paid under Workmen’s Compensation Act.

(l) Date of payment of compensation.


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(m) Amount paid with details of the person to whom the samewas paid.

(n) Authority by whom the compensation was assessed.

(o) Remarks.

(v) The Contractor shall maintain a Register of Fines in the FormXII of the CL (R&A) Rules 1971 (Appendix-XI).

The Contractor shall display in a good condition and in aconspicuous place of work the approved list of acts andomissions for which fines can be imposed (Appendix-X).

(vi) The Contractor shall maintain a Register of deductions fordamage or loss in Form XX of the CL (R&A) Rules 1971(Appendix-XII).

(vii) The contractor shall maintain a Register of Advances in FormXXII of the CL (R&A) Rules 1971 (Appendix-XIII).

(viii) The Contractor shall maintain a Register of Overtime in FormXXII of the CL (R&A) Rules 1971(Appendix-XIV).

8. ATTENDANCE CAR-CUM-WAGE SLIP(i) The Contractor shall be issue an Attendance card-cum-wage

slip to each workman employed by him the specimen form at(Appendix-VII)

(ii) The card shall be valid for each wage period.

(iii) The Contractor shall mark the attendance of each workman onthe card twice each day, once at the commencement of the dayand again after the rest interval, before he actually starts work.

(iv) The card shall remain in possession of the worker during thewage period under reference.

(v) The contractor shall complete the wage slip portion on thereverse of the card at least a day prior to the disbursement ofwages in respect of the wage period under reference.

(vi) The contractor shall obtain the signature or thumb impressionof the worker on the wage slip at the time of disbursement ofwages and retain the card with himself.

9. EMPLOYMENT CARDThe Contractor shall issue an Employment Card in Form XIV of theCL (R&A) Central Rules 1971 to each worker within three days of theemployment of the worker (Appendix-VIII).


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10. SERVICE CERTIFICATEOn termination of employment for any reason whatsoever thecontractor shall issue to the workmen whose services have beenterminated, a Service Certificate in Form XV of the CL(R&A) CentralRules 1971 (Appendix-IX).

11. PRESERVATION OF LABOUR RECORDSAll records required to be maintained under Regulations Nos. 6& 7 shall be preserved in original for a period of three years fromthe date of last entire made in them and shall be made availablefor inspection by the Engineer -in- Charge or Labour Officer or anyother officers authorized by the JMI in this behalf.

12. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS ORENQUIRYThe Labour officer or any person authorised by JMI/ CentralGovernment or their behalf have power to make enquires with a viewto ascertaining and enforcing due and proper observance of Fair WageClauses and the Provisions of these Regulations. He shall investigateinto any complaint regarding the default made by the contractor orsubcontractor in regard to such provision.

13. REPORT OF LABOUR OFFICERThe labour officer or other persons authorised as aforesaid shallsubmit a report of result of his investigation or enquiry to theUniversity Superindenting Engineer, Jamia Millia Islamia concernedindicating the extent, if any, to which to default has been committedwith a note that necessary deductions from the contractor’s bill be madeand the wages and other dues be paid to the labourers concerned.

14. APPEAL AGAINST THE DECISION OF LABOUR OFFICERNot applicable in the JMI works.

15. PROHIBITION REGARDING REPRESENTATION THROUGHLAWYER(i) A workman shall be entitled to be represented in any

investigation or enquiry under these regulations by:—

(a) An officer of registered trade union of which he is amember.


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(b) An officer of a federation of trade unions to which the tradeunion referred to in clause(a) is affiliated.

(c) Where the employer is not a member of any registeredtrade union by an officer of a registered trade union,connected with the industry in which the worker isemployed or by any other workman employed in theindustry in which the worker is employed.

(ii) An employer shall be entitled to be represented in anyinvestigation or enquiry under these regulations by:—

(a) An officer of an association of employers of which he is amember.

(b) An officer of a federation of associations of employers towhich association referred to in clause(a) is affiliated.

(c) Where the employers is not a member of any associationof employers, by an officer of association of employerconnected with the industry in which the employer isengaged or by any other employer, engaged in theindustry in which the employer engaged.

(iii) No party shall be entitled to be represented by a legalpractitioner in any investigation or enquiry under theseregulations.

16. INSPECTION OF BOOK AND SLIPSThe contractor shall allow inspection of all the prescribed labourrecords to any of his worker or to his agent at a convenient timeand place after due notice is received or to the Labour Officer orany other person, authorized by the JMI/ Central Government onhis behalf.

17. SUBMISSIONS OF RETURNSThe contractor shall submit periodical returns as may be specifiedfrom time to time.

18. AMENDMENTSThe Central Government may from time to time add to or amend theregulations and on any question as to the application/ interpretationor effect of those regulations the decision of the UniversitySuperintending Engineer concerned shall be final.


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Appendix - ‘I’

REGISTER OF MATERNITY BENEFITS (CLAUSE 19F)

Name and address of the contractor………………………...……………

Name and location of the work…………………………….....………….

Name of Father’s/husbands Nature of Period of Dated on whichthe employee name employment actual notice given

employment of confinement

1 2 3 4 5

Date on which maternity leave commenced and ended

Date of delivery In case of delivery In case of miscarriage/ Miscarriage Commenced Ended Commenced Ended

6 7 8 9 10

Leave pay paid to the employee

In case of delivery In case of miscarriage RemarksRate of leave pay Amount paid Rate of leave pay Amount paid

11 12 13 14 15

Proforma of Registers

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Appendix - ‘II’

Specimen Form of the Register, regarding maternitybenefit admissible to Contractor’s Labour in JMI works

Name and address of the contractor………………..……………………

Name and location of the work…………………......……………………

1. Name of the woman and her husband’s name

2. Designation

3. Date of appointment

4. Date with months and years in which she is employed

5. Date of discharge/dismissal, if any.

6. Date of production of certificates in respect of pregnancy

7. Date on which the woman informs about the expected delivery

8. Date of delivery/miscarriage/death

9. Date of production of certificate in respect of delivery/miscarriage.

10. Date with the amount of maternity/death benefit paid in advance ofexpected delivery

11. Date with amount of subsequent payment of maternity benefit.

12. Name of the person nominated by the women to receive the paymentof the maternity benefit after her death.

13. It the woman dies, the date of her death, the name of the person towhom maternity benefit amount was paid, the month thereof and thedate of payment.

14. Signature of the contractor authenticating entries in the register.

15. Remark column for the use of Inspecting Officer.


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Appendix - ‘III’

LABOUR BOARD

Name of Work : ………………………………………………………….

Name of Contractor : ………………………………….…………………

Address of Contractor : ………………………………………………….

Name & Address of B&C Deptt.: ……………..…………………………

……………………………………………..…………………………….

Name of Labour Officer : ………………………………………………

Address of Labour Officer : …………………………………………….

Name of Labour Enforcement Officer : …………………………………

Address of Labour Enforcement Officer : …………..……………..……

Sl. Category Minimum Actual Number RemarksNo. Wage Fixed Wage Paid Present

Weekly-holiday…………………………………………………………

Wage-period….…………………………………………………………

Date of payment of wages………………………………………………

Working-hours………………………………………………………….

Rest-Interval ……………………………………………………………


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Proform

a of Registers

Appendix - ‘IV’

FORM XIII(See Rule 75)

Register of Workmen Employed by Contractor

Name and address of contractor ………………………………………………………………………………

Name and address of establishment under which contract is carried on …………………………………….

Nature and location of work…………………………………………………………………………………..

Name and Address of Principal Employer………………………..…………………………………………..

Sl. Name and Age Father’s / Nature of Permanent Local Date of Signature Date of Reasons RemarksNo. Surname and Husband’s employment / home address commence- or thumb termina- for

of Sex Name designation address of ment of impression tion of termi-workman the workman employ- of the employ- nation

(Village&Tehsil/ ment workman mentTaluk & District)

1 2 3 4 5 6 7 8 9 10 11 12

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Proform

a of Registers

Appendix - ‘V’

FORM XVI[(See Rule 78(2) (a)]

Muster Roll

Name and address of contractor ………………………………………………………………………………..

Name and address of establishment under which contract is carried on ………………………………………

Nature and location of work…………………………………………………………....………………………..

Name and Address of Principal Employer…………………………………………..…………………………..

Sl.No. Name of workman Sex Father’s/ Husband’s Dates Remarks

Name 1 2 3 4 5

1 2 3 4 5 6

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Appendix - ‘VI’

FORM XVII[(See Rule 78(2) (a)]

REGISTER OF WAGES

Name and address of contractor ………………………............................................................................…………

Name and address of establishment under which contract is carried on …………………………………….

Nature and location of work…………………………………………………………………………………..

Name and Address of Principal Employer………………………………………..…………………………..

Wage Period : Monthly/Fortnight ………………

Sl. Name of Serial Designation/ No. of Units Daily Amount of wages earned Deductions, Net Signature Initial ofNo. workman No. in nature days of rate of Basic Dearness Over Other Total if any amount or thumb contractor

the of worked work wages/ Wages Allow- Time cash ( indicate paid impression or hisRegister work done piece rate ances payment nature ) of the represen-

of done ( indicate workman tativeworkman nature )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

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Wage Card No. ………………………………. Appendix - ‘VII’(Obverse)

Wage Card

Name and address of contractor…………………………………….. Date of issue…………………

Nature and work with location ……………………………………...

Name of workman………………………………..…………………. Designation…………..………

Rate of wages……………………………………….……………….. Month/Fortnight…….......……

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Morning| Rate

Evening Amount|

Initial

Received from ………………………… the sum of Rs…………… on account of my wages.

The Wage Card is valid for one month from the date of issue. Signature

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ifjf'k"V@ifjf'k"V@ifjf'k"V@ifjf'k"V@ifjf'k"V@Appendix 'VII'¼¼¼¼¼fiNyh rjQfiNyh rjQfiNyh rjQfiNyh rjQfiNyh rjQ@@@@@Reverse½½½½½

¼QkeZ½¼QkeZ½¼QkeZ½¼QkeZ½¼QkeZ½ 19/Form-XIX

¼dÌ;k fu;e 78¼2½¼[k½ ns[k s a½¼dÌ;k fu;e 78¼2½¼[k½ ns[k s a½¼dÌ;k fu;e 78¼2½¼[k½ ns[k s a½¼dÌ;k fu;e 78¼2½¼[k½ ns[k s a½¼dÌ;k fu;e 78¼2½¼[k½ ns[k s a½[See rule 78(2)(b)]

etnwjh dkMZetnwjh dkMZetnwjh dkMZetnwjh dkMZetnwjh dkMZWages Slip

Bsdsnkj dk uke o irkBsdsnkj dk uke o irkBsdsnkj dk uke o irkBsdsnkj dk uke o irkBsdsnkj dk uke o irkName and address of contractor .......................................................................

etnwj dk uke rFkk mlds firk@ifr dk ukeetnwj dk uke rFkk mlds firk@ifr dk ukeetnwj dk uke rFkk mlds firk@ifr dk ukeetnwj dk uke rFkk mlds firk@ifr dk ukeetnwj dk uke rFkk mlds firk@ifr dk ukeName and Father's/Husband's name of workman .......................................

dk;Z dk Lo:i rFkk LFkku dk ukedk;Z dk Lo:i rFkk LFkku dk ukedk;Z dk Lo:i rFkk LFkku dk ukedk;Z dk Lo:i rFkk LFkku dk ukedk;Z dk Lo:i rFkk LFkku dk ukeNature and location of work .............................................................................

lIrkg@i{k@ekl ds fy,lIrkg@i{k@ekl ds fy,lIrkg@i{k@ekl ds fy,lIrkg@i{k@ekl ds fy,lIrkg@i{k@ekl ds fy,For the Week/Fortnight/ Month ending ........................................................

ftrus fnu dk;Z fd;kftrus fnu dk;Z fd;kftrus fnu dk;Z fd;kftrus fnu dk;Z fd;kftrus fnu dk;Z fd;kNo. of days worked .............................................................................................

fd;s x;s dk;Z ds ,ddks dh la[;k ¼ihl jsV etnwjks a ds ckjs esa½fd;s x;s dk;Z ds ,ddks dh la[;k ¼ihl jsV etnwjks a ds ckjs esa½fd;s x;s dk;Z ds ,ddks dh la[;k ¼ihl jsV etnwjks a ds ckjs esa½fd;s x;s dk;Z ds ,ddks dh la[;k ¼ihl jsV etnwjks a ds ckjs esa½fd;s x;s dk;Z ds ,ddks dh la[;k ¼ihl jsV etnwjks a ds ckjs esa½No. of units worked in case of piece rate workers ........................................

nSfud etnwjh dh nj@ihl jsVnSfud etnwjh dh nj@ihl jsVnSfud etnwjh dh nj@ihl jsVnSfud etnwjh dh nj@ihl jsVnSfud etnwjh dh nj@ihl jsVRate of daily wages/ piece rate ........................................................................

le;ksifj etnwjh dh jdele;ksifj etnwjh dh jdele;ksifj etnwjh dh jdele;ksifj etnwjh dh jdele;ksifj etnwjh dh jdeAmount of overtime wages ................................................................................

nh tkus okyh dqy jdenh tkus okyh dqy jdenh tkus okyh dqy jdenh tkus okyh dqy jdenh tkus okyh dqy jdeGross wages payable ...........................................................................................

olwfy;ka] ;fn dksbZ gksolwfy;ka] ;fn dksbZ gksolwfy;ka] ;fn dksbZ gksolwfy;ka] ;fn dksbZ gksolwfy;ka] ;fn dksbZ gksDeduction, if any ..................................................................................................

nh xbZ etnwjh dh 'kq) jdenh xbZ etnwjh dh 'kq) jdenh xbZ etnwjh dh 'kq) jdenh xbZ etnwjh dh 'kq) jdenh xbZ etnwjh dh 'kq) jdeNet amount of wages paid .................................................................................

Initials of the Contractor or his Representative


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Appendix - ‘VIII’¼QkeZ½¼QkeZ½¼QkeZ½¼QkeZ½¼QkeZ½ 14/FORM XIV

¼dÌ;k fu;e 76 ns[ks a½ ¼dÌ;k fu;e 76 ns[ks a½ ¼dÌ;k fu;e 76 ns[ks a½ ¼dÌ;k fu;e 76 ns[ks a½ ¼dÌ;k fu;e 76 ns[ks a½ [(See Rule 76)]

jkstxkj dkMZjkstxkj dkMZjkstxkj dkMZjkstxkj dkMZjkstxkj dkMZEmployment Card

Bsdsnkj dk uke o irkName and address of contractor………………………………………...

dk;kZy; dk uke o irk ftlds v/khu Bsdk py jgk gSName and address of establishment under which contract is carriedon……………………………………............................................................

dk;Z dk uke o irkName of work and location of work………………………….………...

eq[; fu;ksDrk dk uke o irkName and address of Principal of Employer…………………………..

1. etnwj dk ukeName of the workman………………………….…….…………..

2. yxk;s x, etnwjksa ds jftLVj esa Øe la[;kSI. No. in the register of workman employed…………………….

3. jkstxkj@in dk ukeNature of employment/designation…………..…………………...

4. etnwjh dh nj ¼ihl odZ ds ckjs esa ,dd ds C;kSjk lfgr½Wage rate (with particulars of unit in case of piece work) ….....….

5. etnwjh dh vof/kWage period……………………….……………………...……….

6. jkstxkj dh vof/kTenure of employment………………………………………..…...

7. fVIi.khRemarks………………….…………………....……..………..……

Bsdsnkj ds gLrk{kjBsdsnkj ds gLrk{kjBsdsnkj ds gLrk{kjBsdsnkj ds gLrk{kjBsdsnkj ds gLrk{kjSignature of Contractor


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Appendix - ‘IX’

FORM XV[(See Rule 77)]

Service Certificate

1. Name and address of contractor…………………………………………………………………………...

2. Nature and location of work………………………………………………………...……………………..

3. Name and Address of workman…………………………………………………………………………...

4. Age or date of birth………………………………………………………………………………………..

5. Identification Marks……………………………………..….……………………………………………...

6. Father’s/Husband’s name……………………………………………..…………………………………..

7. Name and address of establishment in under which contract is carried on…………………..…………..

8. Name and address of principal Employer………………………………….………………………….….

S.No. Total Period for which employed Nature of work done Rate of wages (with particulars RemarkFrom To of unit in case of piece work)

1 2 3 4 5 6

Signature

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Appendix - ‘X’

LIST OF ACTS & OMISSIONS FOR WHICH FINESCAN BE IMPOSED

In accordance with rule 7(v) of the CPWD Contractor’s LabourRegulations to be displayed prominently at the site of work both inEnglish and local Language.

1. Willful insubordination or disobedience, whether alone or incombination with other.

2. Theft, fraud or dishonesty in correction with the contractors beside abusiness or property of Jamia Millia Islamia.

3. Taking or giving bribes or any illegal gratifications.

4. Habitual late attendance.

5. Drunkenness fighting, riotous or disorderly or indifferent behavior.

6. Habitual negligence.

7. Smoking near or around the area where combustible or other materialsare locked.

8. Habitual indiscipline.

9. Causing damage to work in the progress or to property of the JamiaMillia Islamia or of the contractor.

10. Sleeping on duty.

11. Malingering or slowing down work.

12. Giving of false information regarding name, age, father’s name etc.

13. Habitual loss of wage cards supplied by the employers.

14. Unauthorized use of employer’s property of manufacturing or makingof unauthorized particles at the work place.

15. Bad workmanship in construction and maintenance by skilled workerswhich is not approved by the Department and for which the contractorsare compelled to undertake rectifications.

16. Making false complaints and/or misleading statements.

17. Engaging on trade within the premises of the establishments.

18. Any unauthorised divulgence of business affairs of the employees.

19. Collection or canvassing for the collection of any money within thepremises of establishment unless authorized by the employer.

20. Holding meeting inside the premises without previous sanction of theemployers.

21. Threatening or intimidating any workman or employer during theworking hours with in the premises.


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Appendix - ‘XI’

FORM XII

[(See Rule 78(2)(d)]

Register of Fines

Name and address of contractor………………………………………………………………………………...

Name and address of establishment in under which contract is carried on………………......………………...

Nature location of work……………………………………………………..…………………………………..

Name and address of Principal Employer…………………………………….....……………………………...

Sl. Name of Father’s/ Designation/ Act/ Date of Whether Name of Wage Amount Date on RemarksNo. workman Husband’s nature of Omission Offence workman person period of fine which

Name employment for which showed in whose and imposed finefine cause presence wages realized

imposed against employee’s payablefine explanation

was heard

1 2 3 4 5 6 7 8 9 1 0 1 1 1 2

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Form XXAppendix - ‘XII’

[(See Rule 78(2)(d)]

Register of Deduction for damage or Loss

Name and address of Contractor ……………………………………………………………………..………

Name and address of establishmentin under which contract is carried on…………………………………………………………………………

Nature and location of work ………………………………………………………………...………………..

Name and address of Principal Employer …………………………..………….…………………...………..

Sl. Name of Father’s/ Designation/ Particulars Date of Whether Name of Amount No. of Date of recoveryNo. Workman Husbands nature of damage damage workman person in of install- First Last Remark-

Name employment or loss or loss showed whose pre- Deduction ments install- install- ingcause sence emp- imposed ments ments

against loyee expla-deduction nation was

heard

1 2 3 4 5 6 7 8 9 10 11 12 13

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Proform

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Appendix ‘XIII’

FORM - XXII[(See Rule 78(2)(d)]

Register of Advances

Name and address of Contractor ………………………….…………………………………………

Name and address of establishmentin under which contract is carried on…………………………………………………………………

Nature and location of work ………………………………………………………...………………..

Name and address of Principal Employer ……………………………………...……...……………..

Sl. Name of Father’s / Designation / Wage period Date & Purpose(s) No. of Date & Date on RemarksNo. Workman Husbands nature of and wages amount of for which instalments by amount which last

Name employment payable advance advance which advance instalment of instalmentgiven made to be repaid each repaid was repaid

1 2 3 4 5 6 7 8 9 10 11

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Appendix ‘XIV’

FORM XXIII[(See Rule 78(2)(e)]

Register of Overtime

Name and address of Contractor …………………………………………………………

Name and address of establishmentin under which contract is carried on……………………………………......……………

Nature and location of work …………………………………………....………………..

Name and address of Principal Employer ……………………………………...………..

Sl. Name of Father’s/ Sex Designation/ Date on Total overtime Normal Overtime Overtime Rate on RemarksNo. Workman Husbands nature of which worked or pro- rate of rate of earning which

name employment overtime duction in case wages wages Overtimeworked of piece rate paid

1 2 3 4 5 6 7 8 9 10 11 12

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Appendix ‘XV’NOTICE FOR APPOINTMENT OF ARBITRATOR

[Refer Clause 25]To

The Vice-ChancellorJamia Millia Islamia, New Delhi 110 025

Dear Sir,

In terms of clause 25 of the agreement, particulars of which are givenbelow. I/We hereby given notice to you to appoint an arbitrator for settlementof disputes mentioned below:—

1. Name of applicant

2. Whether applicant is individual/Prop. Firm/Partnership Firm/Ltd. Co.

3. Full address of the applicant

4. Name of the work and contract number in which arbitration sought

5. Name of the Division which entered into contract

6. Contract amount in the work

7. Date of contract

8. Date of initiation of work

9. Stipulated date of completion of work

10. Actual date of completion of work (if completed)

11. Total number of claims made

12. Total amount claimed

13. Date of intimation of final bill (if work is completed)

14. Date of payment of final bill (if work is completed)

15. Amount of final bill (if work is completed)

16. Date of request made to University Superintending Engineer for decision

17. Date of receipt of USE’s decision

18. Date of appeal to you

19. Date of receipt of your decisionSpecimen signature of the applicant

(only the person/ authority who Signed the contract should sign)

I/We certify that the information given above is true to the best of my/our knowledge. I/We enclose following documents.

1. Statement of claims with amount of claims. Yours faithfully,

2. ...............................................................................

3. ...............................................................................

4. ............................................................................... (Signature)

Copy in duplicate to : The University Superintending EngineerBuilding & Construction Department


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SCHEDULE (A to F)

SCHEDULE ‘A’

Schedule of quantities As per page Nos. …… to ….. (Civil Works) &

As per page Nos....… to ….... (Electrical Works)

SCHEDULE ‘B’

Schedule of materials to be issued to the contractor

S. Description of Item Quantity Rate in figures & words Place of No. at which the material issue

will be charged to thecontractor

(1) (2) (3) (4) (5)

SCHEDULE ‘C’

Tools and plants to be hired to the contractor

S.No. Description of item Hire charges per day Place of issue

(1) (2) (3) (4)

Schedule (A to F)

122

SCHEDULE ‘D’

Extra schedule for specific requirement/ documents for the work, if any.

1. Special conditions - for Civil work Page No……… to ….….

- for Electrical work Page No…….... to ……...

2. Particular Specification - for Civil work Page No…….... to …........

- for Electrical work Page No…….... to …….

3. Annexure. Form of guarantee bond of anti-termitetreatment/ water proofing/ sanitaryinstallation/ water supply/ for removal ofdefects in stone/ tile work/ aluminium work.

4. Integrity Pact Page No. …………… to ……………

SCHEDULE ‘E’

Reference to General General Conditions of Contract...…..Conditions of Contract for JMI works amended upto date of

submission of tender/ as per tenderdocument.

1.1 Name of Work:

1.2 Estimated Cost of Work: i) Civil work Rs.

ii) Electrical work Rs..........………..

Total Rs.

1.3 Earnest Money Rs. ................

1.4 Performance Guarantee 5% of tender value

1.5 Security Deposit 5% of tender value(Performance guarantee and SecurityDeposit shall be kept and refundedas per Clause 17)

Schedule (A to F)

123

SCHEDULE ‘F’

General Rules & Directions:-Officer inviting tender University Superintending

Engineer/ Professor InchargeMaximum percentage for quantityof items of work to be executedbeyond which rates are to bedetermined in accordance withClauses 12.2 & 12.3 Refer Clause - 12

Definitions:2(i) Engineer –in- Charge University Superintending Engineer

2(ii) Accepting Authority Competent Authority of University(Registrar-Co/Fo(Fo is concurringauthority/Vice-Chancellor/BuildingCommittee as the case may be)

(i) Registrar, upto Rs. ………….. lacs(ii) Vice-Chancellor, upto Rs. ……lacs(iii) Building Committee — full value

2(iii) Percentage on cost of 15%Materials and labour tocover all overhead andProfits

2(iv) Standard of Schedule Delhi Schedule of Rates ………………of Rates enhanced by cost index .........…… with

upto date correction slips.

2(v) Standard Contract Form GCC —— CPWD Form-7/8, (afteramending/modifying/ deleting clausesas per requirement of the University) asper NIT/ tender document.

CLAUSE – 1

(i) Time allowed for submission of 15 days as per Letter ofPerformance guarantee after date Award Acceptanceof issue of letter of acceptance

(ii) Maximum allowable extension 1-15 dayswith late fee @0.1% per day of (1 to 15 days to be filled)the performance guaranteeamount beyond the periodprovided in (i) above

Schedule (A to F)

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CLAUSE – 2

Authority for fixing compensation University Superintendingunder Clause – 2 Engineer/ Professor Incharge

CLAUSE – 2A

Whether Clause – 2A Not applicable in JMIShall be applicable

CLAUSE – 5

Number of days from the date of 15th days (as per Letter ofIssue of letter of acceptance for Award/ Acceptance)reckoning date of start

Milestone As per Tender document/asdecided by the University as perRequirement urgency of work

Time allowed for execution …................….. months/ daysof Work (to be filled in as per NIT)

Authority to decide

I. Extension of time for University Superintendingcompletion of time Engineer/ Professor Incharge

II. Rescheduling of Milestone University SuperintendingEngineer/ Professor Incharge

III. Shifting of date of start University Superintendingin case of delay in handing Engineer/ Professor Inchargeover of site

CLAUSE – 6, 6A

Clause applicable – (6 or 6A) Clause 6 is applicable in allworks in JMI

CLAUSE – 7

Gross value to be done together Rs. ……………….. lacswith net payment/ adjustment ofadvances for material collected,If any, since the last such paymentfor being eligible to interim payment

Schedule (A to F)

125

CLAUSE – 10AList of testing equipment to be Refer sheet/page No. 145

Clause 12 of) Additional/parti-cular condition & specification.To be provided by thecontractor at site lab

CLAUSE – 10-B(ii)Whether Clause 10-B(ii) Not applicable in JMIshall be applicable

CLAUSE – 10CComponent of labour Not applicable in JMIexpressed as percent ofvalue of work = …….%

CLAUSE – 10CA Not applicable in JMI

CLAUSE – 10CC Not applicable in JMI

CLAUSE – 11Specification to be followed CPWD Specification 2009for execution of work Vol. I & II with correction

slips issued upto last dateof submission of tender

CLAUSE – 12Type of work Original Work/ Maintenance

worksClause - 12.2 & 3(i) Deviation limit beyond which 50%

Clauses 12.2&12.3 shall apply forbuilding work in superstructure

Clause – 12.5(i) Deviation limit beyond which 50%

Clauses 12.2 & 12.3 shall applyFoundation work (except itemsmentioned in Earth work subheadin DSR and related items.

(ii) Deviation limit for items 100%mentioned in earth worksubhead of DSR andrelated items.

Schedule (A to F)

126

CLAUSE – 16Competent Authority for deciding University Superintendingreduced rates. Engineer

CLAUSE – 18List of mandatory machinery,tools & plants to be deployedby the contractor at site

1. 2. 3.

4. 5. 6.

7. 8. 9.

CLAUSE – 25Constitution of Not applicable in JMIDispute Redressal Committee (DRC)

Chairman : …………………...……..

Member : ……………………...……

Member : …………………..………

CLAUSE – 36(1)Requirement of Technical Representative(s) and recover Rate

Sl. Minimum Disci- Designation Minimum Num- Rate at whichNo. Qualification pline Experience ber recovery shall

of Technical be made fromRepresentative contractor in the

event of non-deployment

Figures Words

1. Project Manager Civil/ Principal 10 Years 1 No. Rs.30000/-with Degree in Elec- Technical per monthEngineering trical Representative

2. Graduate Civil Technical 5 Years 1 No. Rs.25000/-Engineer Representative per month

3. Graduate Civil/ Project/ Site 2 Years/ 2 Nos Rs.15000/-Engineer or Engineer 5 Years per monthDiploma Elec- 2 Years/ 2 Nos Rs.15000/-Engineer trical 5 Years 1 No. per month

4. Graduate Civil Project 2 Years 2 Nos Rs.15000/-Engineer or Planning/ 5 Years per monthDiploma billingEngineer Engineer

Schedule (A to F)

127

Assistant Engineers retired from Government Services that areholding Diploma will be treated at par with Graduate Engineer.

Diploma holder with 10 year relevant experience with a reputedconstruction company can be treated at par Graduate Engineers for thepurpose of such deployment subject to the condition that such Diplomaholders should not exceed 50% of requirement of Degree Engineers.

CLAUSE – 42(i) A) Schedule/Statement for As per DSR.… Theoretical

determining Quantity of with amendment upto thecement and bitumen date of submission of tender

CLAUSE – 42(i) (a) Schedule/ Statement for determining theoretical quantity of

Cement and bitumen on the basis of Delhi Schedule ofRates…………. Printed by C.P.W.D.

(ii) Variations permissible on theoretical quantities:

(a) Cement

For works with estimated cost put totender not more than Rs. 5 lakh. 3% plus/minus

For works with estimated cost put totender more than Rs. 5 lakh 2% plus/minus

(b) Bitumen All works 2.5% plus only &nil on minus side.

(c) Steel Reinforcement & structural steel Sec-tions for each diameter, section & category 2% plus/minus

(d) All other materials Nil

RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

Sl. Description of Item Rates in figures and words at whichNo. recovery shall be made from the Contractor

Excess beyond Less use beyondPermissible variation permissible variation

1. Cement

2. Steel reinforcement

3. Structural Sections

4. Bitumen issued free

5. Bitumen issued at

stipulated fixed price

Schedule (A to F)

128

GUARANTEE BOND FOR ANTI-TERMITE TREATMENT(For guarantee to be executed by contractors for removal of defects aftercompletion of anti-termite treatment works)

This agreement made this……….. day of ……………… (Two Thousand and………… ……………………………....……….. between M/s.…………………………………………………… (hereinafter called theGUARANTOR of the one part) and the Vice Chancellor, JMI (hereinafter called“the University” of the other part).

Whereas this agreement is supplementary to a contract (hereinafter called“the Contract) dated…………. and made between the Guarantor of the one partand the university of the other part whereby the Contractor inter-alia undertookto render the buildings and structure completely termite proof.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to theeffect that the said structure will remain termite proof for ten years from thedate of handling over of the building and or completion date of contractwhichever is later.

NOW THE GUARANTOR hereby guarantees that the anti-termite treatmentprovided by him will render the structures completely termite proof and theminimum life of such anti-termite treatment shall be ten years to be reckonedfrom the date of handing over of the building and/or completion of the buildingwhichever is later.

Provided that the Guarantor will not responsible for damages caused dueto structural defects or misuse of premises/area.

a) Misuse of premises shall mean any operation which will disturb thechemical barrier like excavation under floors, breaking of walls at G.L. disturbingthe treatment already carried out.

The decision of the Engineer -in- Charge with regard to cause of damageshall be final.

During this period of guarantee the guarantor shall make all thearrangements to do the post constructional anti-termite treatment in all thebuildings in case of any termite nuisance being found in the building, to thesatisfaction of the Engineer -in- Charge at the cost of guarantor and shallcommence the work for such treatment within seven days from the date of callingupon him to rectify the defects, by the Engineer -in- Charge failing which the

Guarantee Bond

129

work shall be got done by the Department by some other contractor at theGUARANTOR’S COST and risk. The decision of the Engineer -in- Charge as tothe cost payable by the Guarantor shall be final and binding.

That if the Guarantor fails to execute the anti-termite treatment or commitsbreach thereunder then the Guarantor will indemnify the principal and hissuccessors against all loss, damage, cost, expense or otherwise which may beincurred by the Department by reason of any default on the part of theGUARANTOR in performance and observance of this supplementaryagreement. As to the amount of loss and/or damage and/or cost incurred bythe university the decision of the Engineer -in- Charge will be final and bindingon the parties.

IN WITNESS WHEREOF these presents have been executed by the Obligator………………. and by the university Superintending Engineer and for and onbehalf of the Vice-Chancellor, JMI on the day, month and year first abovewritten.

SIGNED, sealed and delivered by (OBLIGATOR) in the presence of :

1.

2.

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMIBY ………………………………………….. in the presence of :

1.

2. * *

Guarantee Bond

130

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTORFOR REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT

OF WATER-PROOFING WORKS (All Water-Proofing Items)

This agreement made this………………….…….. day of ………………(TwoThousand …………. and ………………………….. between S/o………………………………………………… (hereinafter called the GUARANTORof the one part) and the Vice-Chancellor, JMI (hereinafter called “the university”of the other part).

WHEREAS THIS agreement is supplementary to a contract (Hereinaftercalled the Contract) dated…………. and made between the GUARANTOR OFTHE ONE PART and the university of the other part whereby the Contractorinter alia undertook to render the buildings and structures in the said recitedcompletely water and leak-proof.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to theaffect that the said work will remain water and leak-proof, for ten years fromthe date of completion of work.

NOW THE GUARANTOR hereby guarantee that work executed by him willrender the structure completely leak-proof and the minimum life of such waterproofing treatment shall be ten years to be reckoned from the date alter theexpiry of maintenance period prescribed in the contract.

The decision of the Engineer -in- Charge with regard to nature and causeof defect shall be final and binding on Guarantor.

During this period of guarantee the guarantor shall make all defects and incase of any defect being found in the building water proof to the satisfaction ofthe Engineer -in- Charge calling upon him to rectify the defects failing whichthe work shall be got done by the Department by some other contractor’s costand risk. The decision of the Engineer -in- Charge as to the cost payable by theGuarantor shall be final and binding.

That if the guarantor fails to execute the water proofing or commits breachthereunder then the guarantor will indemnify the principal and his successorsagainst all loss, damage, cost expense or otherwise which may be incurred byhim by reason of any default on the part of the GUARANTOR in performanceand observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the university the decision of the Engineer–in- Charge will be final and binding on both the parties.

IN WITNESS WHEREOF these presents have been executed by theobligator……. and ……….… by the university Superintending Engineer for & onbehalf of the Vice-Chancellor, JMI on the day, month & year first above written.

SIGNED, sealed and delivered by OBLIGATOR in the presence of :

1. …………………..………… 2. ………………………………

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellorby ………………………….. in the presence of :

1. …………………..………… 2. ………………………………

Guarantee Bond

131

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR FORREMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT OF

SANITARY INSTALLATIONS/WATER SUPPLY/DRAINAGE WORK

This agreement made this……….…….. day of …………… (Two Thousandand ………….............................) …………........................………….. between S/o………………………… (hereinafter called the GUARANTOR of the one part) andthe Vice-Chancellor, JMI (hereinafter called “the University” of the other part).

WHEREAS THIS agreement is supplementary to a contract (Hereinaftercalled the Contract) dated…………. and made between the GUARANTOR OFTHE ONE PART and the University of the other part whereby the Contractorinter alia undertook to render the work in the said recited leak-proof with soundmaterial and workmanship.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to theaffect that the said work will remain structurally stable, leak-proof andguaranteed against faulty material and workmanship, and finishing for five yearsfrom the date of completion of work.

NOW THE GUARANTOR hereby guarantee that work executed by him willbe free from any leakage, seepage, cracks in pipes and guaranteed against faultymaterial and workmanship, improper slope, defective galvanizing etc. for fiveyears to be reckoned from the date after the expiry of maintenance periodprescribed in the contract.

The decision of the Engineer -in- Charge with regard to nature and causeof defect shall be final.

During this period of guarantee the guarantor shall make all defects and incase of any defect to satisfaction of the Engineer -in- Charge at his cost and shallcommence the work for such rectification within seven days from the date ofissue of the notice from the calling upon him to rectify the defects failing whichthe work shall be got done by the Department by some other contractor at theguarantor’s cost and risk. The decision of the Engineer -in- Charge as to the costpayable by the Guarantor shall be final and binding.

That if the guarantor fails to make good all defects or commits breachthereunder, then the guarantor will indemnify the principal and his successorsagainst all loss, damage, cost expense or otherwise which may be incurred byhim by reason of any default on the part of the GUARANTOR in performanceand observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the University, the decision of the Engineer-in- Charge will be final and binding on both the parties.

IN WITNESS WHEREOF these presents have been executed by the obligator………………. and university Superintending Engineer for and on behalf of theVice-Chancellor, JMI on the day, month and year first above written.


1. …………………..………… 2. ………………………………

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMIby .......................…………….. in the presence of :

1. …………………..………… 2. ………………………………

Guarantee Bond

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OF STONE WORK / TILE WORK

This agreement made this…………….. day of …………(Two Thousand and………………………….. between S/o …………………..………………………(hereinafter called the GUARANTOR of the one part) and the Vice-Chancellor,JMI (hereinafter called “the University” of the other part).

WHEREAS THIS agreement is supplementary to a contract (Hereinaftercalled the Contract) dated…………. and made between the GUARANTOR OFTHE ONE PART and the University of the other part whereby the Contractorinter alia undertook to render the work in the said recited structurally stableworkmanship, finishing and use of sound materials.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to theaffect that the said work will remain structurally stable and guaranteed againstfaulty workmanship, improper slope, finishing and materials.

NOW THE GUARANTOR hereby guarantee that work executed by him willbe free from any material defects, structural defects, cracks, hollow pockets,improper slope, faulty joints etc. for five years to be reckoned from the date afterthe expiry of maintenance period prescribed in the contract.


During this period of guarantee the guarantor shall make all defects to thesatisfaction of the Engineer -in- Charge upon him to rectify the defects failingwhich the work shall be got done by the Department by some other contractorat the Guarantor’s cost and risk. The decision of the Engineer -in- Charge as tothe cost payable by the Guarantor shall be final and binding.

That if the guarantor fails to make good all defects, commits breachthereunder, then the guarantor will indemnify the principal and his successorsagainst all loss, damage, cost expense or otherwise which may be incurred byhim by reason of any default on the part of the GUARANTOR in performanceand observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the University, the decision of the Engineer-in- Charge will be final and binding on both the parties.

IN WITNESS WHEREOF these presents have been executed by the obligator………………. and by University Superintending Engineer for and on behalf ofthe Vice-Chancellor, JMI on the day, month and year first above written.


1. …………………..………… 2. ………………………………

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMI BY………………………….. in the presence of :

1. …………………..………… 2. ………………………………

Guarantee Bond

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GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR FORREMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT OF

ALUMINIUM DOORS, WINDOWS VENTILATOR WORK

This agreement made this………….. day of ……………(Two Thousand and…………………….. between S/o ……………………………………………(hereinafter called the GUARANTOR of the one part) and the Vice-Chancellor,JMI (hereinafter called “the University” of the other part).

WHEREAS THIS agreement is supplementary to a contract (Hereinaftercalled the Contract) dated…………. and made between the GUARANTOR OFTHE ONE PART and the University of the other part, whereby the Contractorinter alia undertook to render the work in the said contract recited structurallystable workmanship, power coating, anodizing colouring and sealing etc.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to theaffect that the said work will remain structurally stable and guaranteed againstfaulty workmanship, defective anodizing/ power coating for five years from thedate of completion of work.

NOW THE GUARANTOR hereby guarantee that work executed by himstructurally stable and guaranteed against faulty materials and workmanship,defective anodizing/ power coating for five years to be reckoned from the dateafter the expiry of maintenance period prescribed in the contract.


During this period of guarantee, the guarantor shall make all defects andin case of any defects to satisfaction of Engineer -in- Charge at his cost and shallcommence the work for such rectification within seven days from the date ofissue of the notice from the Engineer -in- Charge calling upon him to rectify thedefects failing which the work shall be got done by the Department by someother contractor at the guarantor’s cost and risk. The decision of the Engineer -in- Charge as to the cost payable by the Guarantor shall be final and binding.

That if the guarantor fails to make good all defects or commits breachthereunder, then the guarantor will indemnify the principal and his successoragainst all loss, damage, cost expense or otherwise which may be incurred byhim by reason of any default on the part of the GUARANTOR in performanceand observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the University, the decision of the Engineer-in- Charge will be final and binding on both the parties.

IN WITNESS WHEREOF these presents have been executed by the obligator…….…. and by University Superintending Engineer for and on behalf of theVice-Chancellor, JMI on the day, month and year first above written.


1. …………………..………… 2. ………………………………

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMIby ………………………….. in the presence of :

1. …………………..………… 2. ………………………………

Guarantee Bond

134


OF UPVC SLIDING WINDOWS / VENTILATOR WORK

This agreement made this……......….. day of....…(Two Thousand and.............................................................. between S/o …………………………(hereinafter called the GUARANTOR of the one part) and the Vice-Chancellor,JMI (hereinafter called “the University” of the other part).

WHEREAS THIS agreement is supplementary to a contract (Hereinaftercalled the Contract) dated…………. and made between the GUARANTOR OFTHE ONE PART and the University of the other part whereby the Contractorinter alia undertook to render the work in the said contract recited structurallystable workmanship, colouring and sealing etc.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to theaffect that the said work will remain structurally stable and guaranteed againstfaulty workmanship, defective structurally stability, workmanship, colouring forfive years from the date of completion of work.

NOW THE GUARANTOR hereby guarantee that work executed by him willbe remain structurally stable and guaranteed against faulty material andworkmanship, defective structurally stability, workmanship, colouring for fiveyears to be reckoned from the date after the expiry of maintenance periodprescribed in the contract.

The decision of the Engineer –in- Charge with regard to nature and causeof defect shall be final.

During this period of guarantee, the guarantor shall make all defects andin case of any defects to satisfaction of Engineer –in- Charge at his cost and shallcommence the work for such rectification within seven days from the date ofissue of the notice from the Engineer –in- Charge calling upon him to rectifythe defects failing which the work shall be got done by the Department by someother contractor at the guarantor’s cost and risk. The decision of the Engineer -in- Charge as to the cost payable by the Guarantor shall be final and binding.

That if the guarantor fails to make good all defects or commits breachthereunder, then the guarantor will indemnify the principal and his successoragainst all loss, damage, cost expense or otherwise which may be incurred byhim by reason of any default on the part of the GUARANTOR in performanceand observance of this supplementary agreement. As to the amount of loss and/or damage and/or cost incurred by the University, the decision of the Engineer-in- Charge will be final and binding on both the parties.

IN WITNESS WHEREOF these presents have been executed by theobligator…….…. and by University Superintending Engineer for and on behalfof the Vice-Chancellor, JMI on the day, month and year first above written.


1. …………………..………… 2. ………………………………

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMIby ………………………….. in the presence of :

1. …………………..………… 2. ………………………………

Guarantee Bond

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ADDITIONAL/ PARTICULAR CONDITIONS ANDSPECIFICATIONS

The following shall be read in conjunction with and construed in referenceto and in context of the general rules, specifications and the conditionherein before contained and the requirements to be fulfilled without anyextra charges and the contractor shall take all these into account whilequoting his rates :-

GENERAL

1. Application of SpecificationsThe specification forms part of the contract and shall be read inconjunction with other document forming the contract. viz. TheGeneral Conditions of Contract, Special Conditions, Tender Form,Schedule of Quantities and Drawings.

2. Work IncludedThe rates for all items must cover the cost of all materials, labour, tools,machinery, plant, pumps, explosives, scaffoldings, staging, shoresprops, bamboos, ropes, templates, page and all appliances and operationwhatsoever necessary for efficient execution of the work inclusive of alltaxes, duties and levies, transportation, watch and ward etc.

3. Execution of WorkThe Contractor is responsible for the correct execution of the work inaccordance with the drawings provided to him and for all mistakesdue to working to wrong levels or center lines when levels, center linesand bench marks of reference, have been once given to him in writingby the Engineer -in- Charge it is his responsibility to record, protectand maintains shall afterwards be admitted for excess work done inconsequence of such levels not having been kept up and maintainedby the Contractor.

4. Method of MeasurementUnless otherwise specified the method of measurement for Buildingworks shall be as per the standard mode of measurements adoptedby CPWD. Items not covered shall be in accordance with the modeof measurement as per relevant I.S. Code.

5. Unless specifically mentioned otherwise, all works shall be carriedout according to the CPWD specifications with latest revisions andalso with reference to additional/ particular specifications. Mattersnot covered by the specifications given in this contract as a whole shallbe covered by the relevant Indian Standard Codes of practice and thisstandard shall govern in respects of design, workmanship, quality and

Additional/ Particular Conditions and Specifications

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properties of materials and methods of testing. The Indian Standardsshall be taken with reference to the latest version of the standard. Ifsuch a code on particular subject has not been framed, relevant BritishStandard code shall be followed.

6. In case the contractor requires any clarification regardingspecifications, conditions, drawings etc., the Engineer in- Charge shallbe contracted.

7. Copies of Drawings

Two copies of all drawings, the schedule of quantities and thespecification will be furnished free of cost to the contractor for his ownuse until the completion of the contract, and shall be accessible at allreasonable times to the Engineer -in- Charge or their representative,and shall be returned the same to the Engineer -in- Charge oncompletion of the Contract. Any extra copies required by theContractor shall be supplied by the Architect on payment. Alldrawings are too mounted on boards, and placed in racks andindexed. No drawings are to be rolled.

8. Access to SiteThe contractor is to include in his rates for forming access to the sitewith all temporary roads and gangway required for the works.

9. Access for InspectionThe contractor is to provide at all times during the progress of theworks and the maintenance period proper means of access withladders, gangways etc. and the necessary attendance to move andadapt as directed for the inspection or measurements of the works bythe Engineer -in- Charge or their representatives.

10. Where the contractor is required to provide material of certain sizesor weight, which may have become out of market due to change overto metric standard, substitutes conforming to the nearest equivalentsas approved by the Engineer -in- Charge shall be used. No claim ofextra payments shall be entertained on this accounts.

11. For examination and testing of materials and the work, the contractorshall make the following available (as stated in Clause 12) readily ingood working condition at site.

12. Theodolite, Dump level with staff, steel tapes, sieves, stop watch,platform type weighing machine of 200 kgs. capacity, small balancewith weights, spring balance, slump cone with road, six inch cubemoulds 24 Nos. Plumb, spirit level. Micrometer calibrated cylinders,Hummers, Thermometers, stove and standard compression testing


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machine for concrete cubes, total survey station, digital distancemeter, magnifying glass.

13. The lay out and alignment of the orientation of the different membersof the structural work should be carried out after thoroughly checkingthe drawings and obtaining clarifications if any, from the Architect/Engineer -in- Charge. The setting out work should be carried out byprecision surveying instruments and got approved by the Engineer -in- Charge. The Contractor shall arrange the equipments andinstruments in a testing room specially made for the purpose.

14. The Employer shall require (Where it deems so necessary) to providegrooves of approved pattern between various surfaces such astimber/ plaster, concrete/ exposed concrete/ bricks work, ceiling/walls skirting/ plaster, between various concreting operations ofsame or different members (particularly in the exposed concrete work)or as required etc. The grooves shall be provided without extracharges and the contractor’s rates for various items are deemed toinclude the cost of all labour, tools and materials required for makingsuch grooves.

15. The large size details shall be taken precedence over small sizedrawings. The special dimensions in the specifications or scheduleof quantities or instructions of the Architect/ Engineer -in- Charge shallsupersede the drawings. The Contract shall verify all dimensions at site.

16. The Contractor shall store all materials in proper manner so as to avoidcontamination and deterioration. The places at site where materialsare to be stored shall be subject to the approval of the Engineer, theplace where the materials are stored by the contractor if required bythe Employer for any other purpose, the contractor shall makearrangement to clear the place within such time as may be instructedby the Engineer -in- Charge.

17. The different tests to materials and works as desired by the Engineer-in- Charge shall be carried out by the Contractor at his own cost inlaboratories approved by the Engineer -in- Charge. The Engineer -in-Charge may ask the Contractor to install testing equipment at site forsuch tests, which are required to be carried out more frequently. Thecontractor shall ensure and certify the calibration of the equipmentso installed and shall maintain the same in working order throughout the period of construction. The contractor shall also providetrained staff for carrying out such tests and equipments.

18. The levels, measurements and other information, cancellation theexisting site as shown in the drawings or as described are supposed


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to be correct, shall verify them for himself as no extra claimwhatsoever shall be entertained on account of the descriptions turningout to be different from what was expected.

19. The rate of different items are for all heights, depths and widths unlessotherwise specified in the item of schedule of quantities.

20. The rates shall include cost of bailing out water, rainwater as well assub soil water, and nothing extra on this account shall be paid unlessotherwise specified in the Schedule of quantities.

21. Royalty for earth, boulders, metal sand etc. shall be borne by thecontractor and nothing extra on this account shall be paid to him.

22. All soil, filth or other matter of an offensive nature taken out of anytrench, sewer, drain cesspool or other place shall not be deposited onthe surface, but shall at once, be carte away by the contractor free ofcharge to some pit or place provided by him and as approved by theCorporation/ Engineer -in- Charge.

BUILDING WORK23. All materials, articles and workmanship shall be test of their respective

kind for the class of work described in the contract, specifications andschedule of quantities. All materials shall be subject to the approvalof the Engineer -in- Charge.

24. The contractor shall allow the use of scaffolding etc. to the othercontractor (if any employed) and inspecting officer for the executionof their work in proper manner.

25. The Engineer -in- Charge shall mean the Project Engineer or suchother person authorized by the employer.

26. The Inspecting Officer shall mean the Officer of the Employer’sorganization or as case may be who has been authorized to act as such.

27. The Contractor shall provide equipment, instruments, labour and suchother allied assistance required by the Project Engineer formeasurement of the work, materials etc.

CLEANING UP AND HANDING OVER28. Upon completion of the work all the areas should be cleaned. All

floors, windows, surface etc. shall be cleaned down in manner whichwill render the work acceptable to the Employer. All rubbish beremoved from the site as it accumulates and area upto ten meters onthe outer boundaries of the premises will be cleaned by the contractoras a part of the contract. Upon completion of the project, the contractorshall hand over to the Employers following:

(A) Written guarantee and certificate


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(B) Maintenance manuals, if any and(C) Keys.

29. The contractor shall provide adequate lighting arrangements asapproved by the Engineer -in- Charge for carrying out the works evenduring night times and also provide all other facilities for the labouremployed to carry out the works without any extra charges. Necessarylighting as directed by the Engineer -in- Charge shall also be providedby the Contractor without any extra charges for yard lighting as wellas to cover the entire site.

30. The contractor shall keep the site neat and clean during the executionof works. Any excess earth and debris shall be removed from the siteand the contractor shall be responsible for any objection of NDMC orother local bodies for occupying roadways and nuisance to others.

31. The contractor may have to execute the work in shifts to complete thework in phases as per schedule for which nothing extra shall be paid.

32. Within 15 days of the date of award of the work the contractor shallsubmit a complete programme including programme for procurementof materials etc. to fit in the phases programme as stipulated and thesame shall be got approved by the Engineer -in- Charge.

33. The contractor shall make adequate fire fighting arrangements andshall be fully responsible for the fire consequences.

34. The contractor shall furnish when called upon by the Engineer -in-Charge the any analysis of rate of any item of work to justify andsupport the rate quoted by him for that item.

35. The quantity given in the schedule of quantities approximate andsubject to change as per actual execution of work. The quantities canvary to any extent either plus or minus.

36. The contractor shall allow all other agencies to work side by side sothat the work is completed in the specified completion time.

STORAGE/HANDLING OF MATERIALS BY THE CONTRACTOR37. (1) The contractor shall construct suitable godown at the site of

work for storing the materials safe against damage due to sun,rain, dampness, fire, theft etc. He shall also employ necessarywatch and ward establishment for the purpose.

(2) The cement bags shall be stacked on proper floors consistingof two layers of dry bricks laid on well consolidated earth at alevel at feast one foot above ground level. These stacks shallbe in rows of 2 and 10 high with a minimum of 2’-‘o clear space


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all-round. The bags should be placed horizontally continuousin each line as shown in the sketch on page 35 of specification2009 Vol. 1 CPWD, New Delhi.

(3) Cement bags shall be stored in separate godowns with puccafloor and weather proof roofs and walls. Each godown shall beprovided with a single door with two locks. The keys of onelock shall remain with the person authoresses by the principaland that of the other lock with the authorized agent of thecontractor at the site of work so that the cement is removed fromthe godown accordingly to the daily requirement with theknowledge of both the parties.

(4) The day-to-day receipts and issue accounts of cement shall bemaintained by the Engineer -in- Charge and signed daily by thecontractor or his authorized agent. The proforma is given below:

(a) Date of Receipt

(b) Particulars of Receipt

(c) Quantity received

(d) Progressive total

(e) Date of issue

(f) Quantity issued

(g) Items of work for which issued

(h) Quantity returned at the end of day

(i) Total issued

(j) Daily balance in hand

(k) Contractors initial

(l) Junior Engineer

(m) Assistant Executive Engineer/ Assistant Engineer

(n) Executive Engineer’s periodical check

38. The successful contractor will have to execute an agreement with theUniversity Authorities on the University printed form, which can beseen before tendering in the office of the undersigned. The deviationlimit shall be 50%

39. Time allowed for the work from the 15th day after the date of writtenorder to commence the work will be ………………...........………

40. The work shall be carried out as per latest CPWD specification forworks at Delhi, with upto date correction slips unless otherwisespecified in the nomenclatures of the individual item of works.


141

41. The contractor(s) shall make his/ their own arrangement for waterrequired for the work and nothing extra will be paid for the same.This will be subject to the following conditions.

(1) That the water used by the Contractor(s) shall be fit for constructionpurposes, to the satisfaction of the Engineer -in- Charge.

(2) The Engineer -in- Charge shall make alternative arrangementfor supply of water at the risk and cost of contractor(s) if thearrangements made by the contractor(s) for procurement ofwater are in the opinion of the Engineer –in- Chargeunsatisfactory.

42. Before tendering the contractor shall visit the site and satisfy him asto the local conditions, the accessibility of the site to full extent andimplication of the operation, the nature of the ground and supplycondition effecting labouor and execution of the contract. No claimon these issues will be entertained. All existing services in and aroundthe plot (like storm water drain and approach rode etc.) will be keptby contractor in good order. Any damage to lawns, service, existingstructure etc. will have to be made good by the contractor at his own cost.

43. The site as shown in the layout plans, shall be cleared of all loosestones, materials, rubbish of all kinds as well as bush wood. All holesor hollows whether originally existing or others shall be carefullyfilled with earth, well rammed leveled as directed. Nothing extra willbe paid on this account.

INCONVENIENCE OF PUBLIC

44. The contractor shall not deposit materials on any site, which will causeinconvenience to the public. The Engineer -in- Charge may requirethe contractor to remove any materials, which are considered by himto be dangerous or inconvenient to the public or cause them to beremoved at the contractor cost.

45. Contractor will fully co-operate with the other agencies, operating onthis work.

46. The contractor will have to get supplies of materials and all fittingsapproved by the University Engineer -in- Charge, before using themon the work.

47. The Contractor shall see the drawings, specifications and contractconditions of the work, in the office of the undersigned on anyworking day during hour before tendering.

48. The Contractor shall see the site of work. Any approach etc. if requiredwill have to be made by him at his own cost.


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49. No material including cement and steel will be issued to the contractorfrom the deparment.

50. In case of error in description of any DSR item given in the schedule,the description given in the CPWD schedule of rates 19….. shall befinal and no claim on account error shall be made.

51. If for any reasons, some building plans or any other details concerningthe work are not available at some stages of the work, or if there isany delay in supply of any materials which is to be supplied by theDepartment as per terms of the contract or there is delay orinterruption in availability of site of work, no claim of any sort willbe admissible to the contractor. However necessary extension of timefor completion of the work due to genuine hindrances in the workshall be given.

52. The tender shall remain open for acceptance for a period of 90 daysfrom the date of opening of tender. If any tenderer withdraws histender before the said period or makes any modifications in the termsand conditions of the tender which are not acceptable to the Universitythen the university without prejudice to any other right or remedyby at liberty to forfiet the earnest money.

53. The acceptance of the tender will rest with the Jamia Millia IslamiaAuthorities, New Delhi who do not bind themselves to accept thelowest tender, reserve to themselves the authority to reject any or alltenders received without assigning any reason. All tenders in whichany of the prescribed conditions are not fulfilled is liable to be rejected.

54. The contractor(s) will also have to make his/their godown to storecement and any other material that may be required storage. Nothingextra shall be paid to the contractor in this respect.

55. No escalation of cost of material or labour wages shall be allowed dueto increase in any material cost during the progress of work. The ratequoted at the time of tendering shall be final throughout the contract.The condition will supersede the condition given in clause 10C/10CA/10CC in form PWD 7/8 of CPWD.

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Specification for Plumbing

SPECIFICATION FOR PLUMBING

GENERAL

All works shall be completely concealed either with in shafts or chase orin the floor fills and dropped ceiling unless specifically shown in drawingor required otherwise.

All works shall be adequately protected, to the satisfaction of theEngineers -in- Charge so that the whole work is free from damagethroughout the period of construction up to the time of handling over.

No work shall be covered without approval of the Engineer -in-Charge.

The contractor shall be responsible for coordinating this work withworks of other trade sufficiently ahead of time to avoid unnecessary holds-ups. Hangers, sleeves, recesses, etc. shall be left in time as the workproceeds whether or not these are shown in drawing.

All work shall be done with skilled workmen, experienced in trade.

All material and equipment shall be ISI marked unless no ISI codeexist for any particular materials to be used for the project. All materialsshall be got approved from the Architect/ Consultant/ Engineer -in- Chargeprior use at the above project. The contractor shall submit samples andtechnical literature of proposed materials to the Architect/ Consultant/Engineer -in- Charge and would obtain written approved well in advance.Approved list of materials makes for general guidelines to the contractor,but would be upon the Architect/ Consultant/ Engineer -in- Charge toaccept or reject the materials if found wanting upto the requirement.Specific equipment and model has to be obtained from the Architect/Consultant/Engineer -in- Charge. Any item which is proposed as asubstitute shall be accompanied by as all “Technical Data” giving sizes,particular of materials and the manufacturer’s name. At the time of thesubmission proposed substitute, the contractor shall state the credit if anydue to the owner in the event the substitution shall be requested inwriting from the Architect where no specific make of materials is specifiedany firm.

PIPING

a. Pipes for suction and delivery line shall be galvanized steel tubesconforming to IS:1239 (medium class). Fitting and flanges shall bemalleable. Pipes shall be ITC or BTC make and G.I. fitting ‘R’ brand.

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Specification for Plumbing

b. Flyway and check value above 65mm dia shall be C.I. double flangedconforming to IS:780 manufactured by Kirloskar, Kilburn, IVC orleaders.

c. Flyway and check values 65mm dia below shall be gunmetal testedto 20 kg/cm2 pressure (leaders of GG make) certified and conformingto IS:778.

d. Suction drainer or foot valve shall be gunmetal.

JOINTS

All G.I. Pipes shall be tested be provided with screw Joint unless otherwiseinstructed.

All G.I. Pipes shall be tested hydrostatically for a period 30 minutes to apressure of 6 kg/cm without drop in pressure.

WATER SUPPLY WORKS, DRAINAGE & SANITARY INSTALLATION

All works related with supply, installation and commissioning of sanitaryinstallation, water supply system and drainage system shall be carried outas per Central Public Works Department (CPWD) specification No. 88 (Vol.Two) Chapter 18, 19 & 20 respectively. Wherever these specification arefound wanting, the decision of the Engineer -in- Charge shall be final andbinding.

OVERHEAD TANKS

The overhead tank shall be one piece moulded high densitypolyethylene (HDPE) tank with all inlets, outlets over flow and scourpipe with painted M.S. Frame support or concrete pedestal includingall pipe work and inter connection as required and directed by theEngineer -in- Charge. The tanks shall be manufactured by Sintex PlasticCompany or equivalent manufactured as approved by Engineer -in-Charge.

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List of preferred makes for Electrical Items

LIST OF PREFERRED MAKES FOR CIVIL / SANITARY WORKS

S.No. Material Preferred Make

1. i) Ordinary Portland/Portland : ACC, Ultratech Cement Ltd., Gujarat Ambuja, Vikram, Birla, J KPozzolona Cement (Grey) Cement, Shree Cement Ltd., J.K. Lakshmi, M/s. Binani Cement.(43 Grade)

ii) White Cement : Birla White/J.K. White

2. Reinforcement Steel : SAIL, Tata Steel, RINL, Rathi Kamdhenu, Baranala

3. Veneered Particle Board : Novapan, Kitply, Anchor, National, Archidply, Action TESA

4. Laminated Particle Board/ Laminates : Novapan, Kitply, National Archidply, Century Ply,

Action TESA

5. Flush Door shutters : Kutty Flush Door, Kitply Industries (Swastik), Samrat LaminatePvt. Ltd. (Samrat), JAYNA (Jain Wood Industries), SR Jindal PlyWood Industries (Prima), Archidply, Century Ply.

6. Water Proofing Compound, : Fosroc, Cico, Pidilite, Impermo by M/s. Snowcem, Accoproof

7. M. S. Pipe : Tata, Jindal (Hisar), Parkash Steel Tubes, Bhushan Industries

8. PVC Pipe & Fittings : Supreme, AKG, Finolex, Prince, Kisan, SFMC, Diplast

9. Acrylic Distemper : Nerolac, Berger (Bison Acrylic), Asian Paints (Tractor) Acrylic

10. Dry Distemper : Berger (Castle), JENSON & NICHOLSON (J&N)

11. Synthetic Enamel/Emulsion Paints : ICI (Dulux Gloss), Nerolac, Berger, Asian Paints

12. Steel Primer : ICI, Nerolac, Berger, Asian Paints

13. Wood Primer : ICI, Nerolac, Berger, Asian Paints

14. Mosaic Tiles/Chequered Tiles : Modern, NTC,

15. Ceramic Tiles : Kajaria, NITCO, Somany, Asian, VARMORA

16. Dash/Anchoring Fasteners : HILTI/Fischer

17. Nuts/Bolts & Screws : GKW, Atul

18. Stainless Steel Sink : ALLEX, DIAMOND, BLUE STAR, JAYNA (M/s. Jain

(Out of Salem Steel only) Brothers Sanitation Pvt. Ltd., 12 SSI, Indl. Area, Delhi)

19. Float Valve : IVC, Leader, Prayag, Kalsi Pump Pvt. Ltd., Dhawan SanitaryUdyog (Prima)

20. Admixtures : Fosroc, MBT, Sika, CICO, Asian

21. Vitreous China Sanitary Ware : Parryware, Hindustan Sanitaryware, Neycer, Cera

22. Plastic Seat Cover of W.C. : Commander, Diplomat, Hindware, Admiral

23. PVC Flushing Cistern : Commander, Coral, Hindware (Slim line), Hindustan, Speed FLO

24. CP Fittings/Mixer Pillar : Kingston, Gem, Parko, Techno, JAL, ESS ESS, JAQUAR, Crabtree,

Taps washers JAINKO, ANNAPURNA

25. CP Accessories : Kingston, Parko, Gem, JAL, ESS ESS, JAQUAR

26. Centrifugally Cast (spun) Iron Pipes : NECO, SKF Brand of M/s Singhal Iron Foundry Pvt. Ltd.

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Mathura or any other BIS marked product.

27. Centrifugally Cast (spun) Iron Pipes : Electro Steel, Kesoram

(Class LA)

28. C.I. Sluice Valves & Reflex Valves : ANNAPURNA or equivalent approved.

29. G.I. Pipes : BST, Jindal (Hissar), Tata Steel Tubes Ltd., Prakash Surya

30. G.I. Fittings : Unik, KS, AMCO, AVR, NVR, RR

31. Gun Metal Valves, Globes : Leader, Zoloto, Kilburn CIM Valves,Sant, ANNAPURNA

32. Brass Stop & Bib Cock : Zoloto, Sant, L&K, Leader, JAINKO, Kalsi Pump Pvt. Ltd.Dhawan Sanitary (Prima), ANNAPURNA

33. Stoneware Pipes & Gully Traps : Perfect, Hind or ISI marked S.W. Pipes

34. Mirror Glass : Atul, Modi Guard, Golden Fish

35. Glazed Fire Clay Kitchen Sink : PAMINI, SANFIRE, RKCP

36. Vitrified Tiles : NITCO, JOHNSON, ASIAN, MARBITO, KAJARIA, VARMOR

37. Water Meter : PRIMA (ISI), Kranti, DASHMESH or BIS marked product.

38. Grouting Compound : Endura, Pidilite

39. Aluminium Sections : Hindalco, Jindal, Indian Aluminium Co. or approved equivalent.

40. Glass Mosaic Tiles : Italia, Opio

41. Non Return Valve : Kalsi Pumps Pvt. Ltd. or BIS approved products.(Check Valve) 1/2" to 1-1/4"

42. Line Filter Valve 1/2" to 2" : Kalsi Pumps Pvt. Ltd. or BIS approved products.

43. Ferrules 15mm, 20mm and 25mm : Dhawan Sanitary Udyog (PRIMA), Kalsi, Annapurna or BISapproved products

44. Stainless Steel Staircase railing : Connect Arch. Pvt. Ltd., Jindal S.S. Ltd., ICICH Inds., ESSAL,DORMA

45. Locks/ Latch/ Fittings : Godrej, HARRISON, PLAZA, GOLDEN, YALE, DORMA

46. Hydraulic Door Closer/ Floor Spring : HARDWYN, Godrej, Grace, Everest, DORMA

47. Fire Check Door : NAVAIR, ROMAT, KUTTY DOOR

48. Anorised Aluminium Hardware : HARDIMA, EVERITE, SIGMA (ISI marked), DORMA

(Heavy Duty)

49. Tempered Glass : MODI FLOAT & SAINT GOBAIN, ASAHI, GLAVERBEL

50. Polyester Powder Coating Shades : NEROLAC, BERGER, J&N

51. Friction Stay Hinges : Earl-Bihari

52. Nuts, Bolts and Screws, Steel : Kundan Priya Atul

53. EPDM Gasket : Hanu/ Anand

54. Structural Silicon : Dow Corning/ Wacker

55. Weather Silicon : Dow Corninig/ Wacker

56. Tile Adhesive : Cico, Pidilite, Ferrous

147


57. Copper Tubes/ Pipes : Rajco, Max Flow ABC

58. Copper Fittings : Yorkshine, IBP, BCONEX

59. Mineral Fibre, False Ceiling : MONAD, Armstrong or equivalent as per relevant IS Code

60. Metalic (GI) Power Coated False Ceiling : M/s Harson & Associates, Faridabad, MONAD, LUXALON,DAIKEN, Tile.

61. U-PVC Pipe : Flow Guard, Green Line or BIS approved products

62. C-PVC Pipe (IS 15778:2007) : Astral, Ashirvad, Ajay Industrial, Prince

63. Wall Putty : Birla Wall Care, JK White, SARA Wall Putty (White Cementbased) or equivalent.

64. Stainless Steel Hardware Fittings : DORMA, Geze, Hafele, Ozone, Door Set or equivalent

65. Hermitically sealed performance : Saint Gobain, Asahi, Pilington, Viracon (processed by themselvesGlass and Toughened Glass by their approved processors)

66. Poly-Sulphide Sealant : Choksey Chemicals, Fosroc, Dr. Fixit, Sika

67. Fire Sealant : BTMH, Promat, Alstom, Birla 3M

68. Roofing Sheets —

i) Standing Slam Double Skin : Kalzip, CRIL, Corus

insulated Roofing System

ii) Galvanize : CRIL, Lloyds, Interarch

69. Epoxy Paint : Asian, ICI, Kansai Nerolac

70. C.I. Manhole Covers & Frames : NECO, RAJ Iron Foundary Agra, BIC

71. Polyethylene Water Storage Tank : SINTEX, VECTUS, FRONTINER, KAVERI

72. UPVC Windows : Fenesta, Prizma, Cora or equivalent

73. Anti-Termite - Chlorphriphos 20% EC : Trishul, Bharat or equivalent

74. Bitumen Product Falls : Shalimar, Tar product or equivalent

74. Door Close : Doorking or Everita,

75. Gypsum Board : Gypsum India

76. MDF Board : New wood, Durotuff

77. Laminate : Decolan, Marine, Greenlam, Formica

Note : The Engineer -in- Charge, JMI reserves the right to add or delete any material and brand in the list of approvedmaterials/brands, the list given above is for general information to Contractor. All material provided by the Contractorshall be got approved from the the Engineer -in- Charge.

148

Special Conditions of Contract

SPECIAL CONDITIONS OF CONSTRACT

ELECTRICAL INSTALLATION

General: These conditions of contract are meant to amplify thespecifications, schedule of quantities and drawings in addition to thoseconditions specified from time to time as additions or omissions to thosesaid conditions of contract. In case of known confirmation the later shallsupersede the general conditions of contract.

Site: The site of work is located at Jamia Millia Islamia.

Inspection of Site: The contractors shall visit the site of work to have anidea of execution of work before tendering and get acquainted with theconditions of site. The contractor shall be deemed to have including in histender rate, allowance for all preliminary work connected with the workand all other conditions that affect the work.

Rates: The rate tender shall be for complete item of work inclusive all taxesduties and levies etc. and all charges for items contingent to work, such aspacking, forwarding, insurance, rate and delivery at site for the materialto be supplied by the contractor, watch and ward of all materials for thework at site etc.

Completeness of Tender: All sundry fittings, assemblies, accessories,hardware items, foundation bolts, termination lungs for electricalconnections as required, and all other sundry items which are useful andnecessary for proper assembly and efficient working of the variouscomponents of the work shall be deemed to have been included in thetender, whether such item are specifically mentioned in the tenderdocument or not.

Scope of Work: The work to be carried out under this contract shall be asfollows:

1. Internal Electrification2. External Electrification

The contractor shall carry out and complete the said work under thiscontract in every respect in conformity with the current rules andregulations of local electricity authority. Indian Standard institute and asper directions of and to the satisfaction of the Architect/Consultant, conduitwork shall be carried out as per following CPWD specifications.

CPWD General Specification for Electrical Works (Part-I Internal)-2013/2005

CPWD General Specification for Electrical Works (Part-IV Sub-Station)-2013

CPWD General Specifications for Electrical works (Part VII D.G. Sets) -2013

CPWD General Specifications for Electrical works (Part VIII Gas based FireExtinguishing System) - 2013

149


CPWD General Specifications for Heating, Ventilation & Air Conditioning(HVAC) - 2004

CPWD General Specifications for electrical work (Part –III-lifts andescalators) - 2003.

The scope of work shall cover all conduiting work necessary to carry outthe complete electrical works to be embedded in wall, floor, ceiling but itnot specially mentioned above. All the internal/external electrification shallinclude feeder pillar, panel, Distribution board, main/sub panel, PVCcables, XLPE cable sheet/road light, poles, light fixture, fan, earthing etc.

Conduit layoutThe Contractor shall submit to the Engineer-in-Charge / Architect detailedlayout plans of the conduit net-work and get the same approved. The layoutplan shall contain particulars regarding size and routes of the conduits,number of wires carried and Inspection Boards and junction boxes providedalong the route of these conduits.

Completion drawingsAt the completion of the work, the contractor shall submit to the Engineer-in-Charge / Architect/Consultant, as installed conduit layout plans dulyindication the following:Run and size of conduit.Location and size of junction Boxes and pull boxes.Location layout and size of U.G.Cable and its route.

Materials and equipmentsAll material and equipment shall be ISI marked until and unless no ISImarked material exists for any particular material to be used for the project.All material shall be got approved from Engineer-in-Charge/Architect/Consultant prior use at the above project. The contractor shall submitsamples and technical literature of proposed material to the Engineer -in-Charge/Architect/Consultant and would obtain written approval well inadvance. Approved list of materials at page no. 157 is for general guidelinesto the contractor but the same would be taken up to the Engineer-in-Charge/Architect/ Consultant for approval who will accept or reject thematerial if found, wanting not upto the requirement of Specific equipmentand model. Any item which is proposed as a substitute, extra shall beaccompanied by all “Technical data” giving sizes, particular of materialsand the manufacture’s name. At the time of submission of proposedsubstitute, extra item the contractor shall state the credit if any due to theowner. In the event of substitution, the contractor shall request to theEngineer-in-Charge/ Architect in writing where no specific make isspecified, any first class product of reputed manufacture may be used,provided it confirms to the requirement of these specifications with the prior

150


approval of the Engineer -in- Charge. The Architect’s/Engineer -in-Charge’s decision in this matter will be final.

Qualified staffThe Contractor shall employ a competent fully licensed qualified full timeElectrical foreman to direct the work of electrical installation in accordancewith drawings and specifications. The foreman shall be available at alltimes on the site to receive instructions from the Engineer-in-Charge/Architect in day to day activities, throughout the duration of contract. Theforeman shall co-relate the progress of the work in conjunction with atrelevant requirement of supply authorities. The wireman employed shallbe a competent and having wireman license. The contractor shall employall qualified skilled staff as per quantum of work as given in the Appendix18 under reference of para 15.9 (8) of CPWD Manual, otherwise recoveryshall be made as per CPWD rule.

Specification for electrical worksThe Electrical installation work shall be carried out in accordance withIndian standard, code of practice for electrical Wiring installation, Code ofPractice Guide 'Appendix ’D’, important Indian Standard Clause 1.22.4,CPWD Specification. It shall be in conformity with the current IndianElectricity rules and regulation and requirement of Local ElectricityAuthority and fire insurance regulations in so far as these become applicableto the installation. Electrical work in general shall be carried out as perfollowing CPWD specifications.

CPWD General Specification for Electrical Works (Part-I Internal)-2013/2005CPWD General Specification for Electrical Works (Part-IV Sub-Station)-2013CPWD General Specifications for Electrical works (Part VII D.G. Sets) -2013CPWD General Specifications for Electrical works (Part VIII Gas based FireExtinguishing System) - 2013CPWD General Specifications for Heating, Ventilation & Air Conditioning(HVAC) - 2004CPWD General Specifications for electrical work (Part–III-lifts andescalators) - 2003.

Conformity to IE act, IE rules and StandardsList of rules of particular important to Electrical installations under theseGeneral Specification is given in Appendix XVI for reference.

Work to be done by the contractorUnless and otherwise mentioned in the tender documents, the followingworks shall be done by the contractor, and therefore their cost shall bedeemed to be included in their tendered cost :-

(i) Foundations for equipment and components where required,including foundation bolts.

151

(ii) Cutting and making good all damages caused duringinstallation and restoring the same to their original finish.

(iii) Sealing of all floor openings provided by him for pipes andcables, from fire safity point of view, after laying of the same.

(iv) Painting at site of all exposed metal surfaces of the installationother than preprinted item like fittings, fans, switchgear/distribution gear items, cubicle switchboard etc. Damages tofinished surfaces of these items while handling and erection,shall however be rectified to the satisfaction of the Engineer-in-Charge.

(v) Testing and commissioning of completed installation.

Storage and custody of materialThe watch and ward of the contractor stores and their safe custody shallbe his responsibility till the final taking over of the installation by theDepartment. No extra payment shall be made on this account.

Supply of electrical installationThe Contractor will take due care to ensure safety of electrical installationduring execution of work.

Tools for handling and erectionAll tools and tackles required for handling of equipment and materials atsite of work as well for their assembly and erection and necessary testinstruments shall be the responsibility of the contractor.

Co-ordination with other agenciesThe contractor shall co-ordinate with all other agencies involved in thebuilding work so that the building work is not hampered due to delay inhis work. Recessed conduit and other works which directly affect theprogress of building work, should be given priority.

Care of buildingCare should be taken by the contractor to avoid damage to the buildingduring the execution of his part of work. He shall be responsible forrepairing all damages and restoring the same to their original finish at hiscost. He shall also remove at his cost all unwanted and waste materialsarising out of his work from the site.

Structural alterations to buildings(i) No structural member in the building shall be damage/alter,

without prior approval of the competent authority through theEngineer -in- Charge.

(ii) Structural provisions like opening, cutouts, if any provided bythe department for work shall be used. Where these requiredmodifications, or where fresh provisions are required to be


152

made, such contingent works shall be carried out by contractorat his cost.

(iii) All such opening in floor provided by the department shall beclosed by the contractor after installing the cables/conduits,rising mains etc. as the case may be, by any suitable means asapproved by the Engineer-in-Charge without any extra payment.

(iv) All chases required in connection with the electrical work shallbe provided and filled by the contractor at his own cost to beoriginal architectural finish of the buildings.

Addition to an installation

Any addition, temporary or permanent to the existing electrical installationshall not be made without a properly work out scheme/design by a qualityElectrical Engineer to insure that such addition does not lead tooverloading, safety violation of existing system.

Work in occupied building

(i) When work is executed in occupied buildings, there should beminimum inconvenience to the occupants. The work shall beprogrammed in consultation with Engineer-in-Charge and theoccupying department, if so required, the work may have tobe done even before and after office hours.

(ii) The contractor shall be responsible to abide by the regulationsor restrictions set in regard to entry into, and movement withinthe premises.

(iii) The contractor shall not temper with any of the existinginstallations including their switching operations or connectionsthereof without specific approval from the Engineer-in-Charge.

(iv) The contractor will be responsible to keep safe custody of thedismantle material from site if any and contractor shall depositthe same in the store of Building & Construction Department.

Drawings(i) The work shall be carried out in accordance with the drawings

enclosed with the tender documents and also in accordance withmodification thereof time to time as approved by the Engineer-in- Charge.

(ii) All wiring diagrams shall be deemed to be ‘Drawings’ withinthe meaning of the term as used in Clause 11 of the conditionsof Contract (PWD 7 or PWD 8). They shall indicate the mainswitch board, the distribution boards (with circuit numberscontrolled by them), the runs of various mains and sub-mainand the position of all points with their controls.


153

(iii) All circuits shall be indicated and numbered in the wiringdiagram and points shall be given the same number as thecircuits to which they are electrically connected.

(iv) After award of work the contractor will be required to submitthe shop drawings showing detailed dimensions for theproposed work including layout plan, conduit routes etc. Workwill be carried out as per approved drawings.

(v) The contractor should provide single line diagram forDistribution Net work.

Quality of materialsAll materials and equipments supplied by the contractor shall be new. Theyshall be of such design, size and materials so as to satisfactorily functionunder the rated conditions of operation and to withstand the environmentalconditions at site.

Inspection of materials and equipmentsMaterials and equipments to be used in the work shall be inspected by theDepartmental officers. Such inspection will be of following categories:

(i) Inspection of materials/equipments to be witnessed at themanufacture’s premises in accordance with relevant BIS/Agreement Inspection Procedure.

(ii) To receive material at site with Manufacture’s TestCertificate(s).

(iii) To inspect materials at the Authorize Dealer’s Godown toensure delivery of genuine material at site.

(iv) To receive materials after physical inspection at site.

Adequate care to ensure that only tested and genuine materials of properquality are used in work shall be ensured by firm. The firm shall ensure that:

(i) Material will be ordered & delivered at site only with priorapproval of the department to ensure timely delivery.

(ii) As and when the order is placed for the fittings/fixtures, cables,switchgears, poles, rising main, other main items etc. its copyshall be endorsed to the Engineer -in- Charge, JMI.

(iii) The firm will be required to procure material like exhaust fans,MCB’s & DB’s, switches & sockets, wires and cables, conduitsand switchgears etc directly from the manufacturer/authorizeddealers to ensure genuineness and quality and as per theapproved makes only. Proof in this regard shall be submittedby the contractor if required by the department.

(iv) Inspection at factory or at godown of the manufacturer, asrequired shall be arranged by firm for a mutually agreed date.


154

Certificate for genuineness of the fittings shall have to provideduly signed by the manufacturer officer not below the rank ofRegional Manager.

(v) Delivery of material shall be taken up only with the consent ofthe department, after clearance of the material.

(vi) To furnish/provide such facilities as will be necessary forinspection of the equipment before dispatch at themanufacturer's works and also to witness such tests, at theworks, if so required by the department. The contractor shallfurnish information for this purpose and will give sufficientnotice regarding the dates proposed for such test to inspectionagency.

(vii) The tender specification will stipulate the inspectionrequirements or their waver for various materials/equipmentsincluding norms of inspection in specific cases.

(viii) Department shall reserve the right to wave inspection in lieuof suitable test certificate, at its discretion.

Similarly, for fabricated equipments, the contractor will first submitdimensional detailed i.e. G.A. drawing (also matching to site condition) and asingle line drawings for approval before fabrication is taken up in the factory.

Suitable stage inspection at factory also will be made to ensureproper use of materials, workmanship and quality.

Ratings of components(a) All components in a wiring installation shall be of appropriate ratining

of voltage, current and frequency, as required at the respective sectionof the electrical installation in which they are used.

(b) All conductors, switches and accessories shall be of such size as tobe capable of carrying the maximum current, which will normally flowthrough them, without their respective rating being exceeded.

Conformity to standards(a) All components shall conform to relevant Indian Standards

Specifications, wherever existing. Materials with ISI certification markshall be preferred.

(b) A broad list of relevant Indian Standards is given in Appendix D inCPWD general specification works Part-I internal in the codes ofpractice guide. The Indian Standards, including amendments orrevisions thereof upto the date of tender acceptance, shall beapplicable in the respective contracts.

WorkmanshipGood workmanship is an essential requirement to be complied. The entire


155

work of manufacture/ fabrication, assembly and installation shall conformto sound Engineering practice.

Proper supervision/ skilled workmenThe contractor shall be a licensed Electrical contractor of appropriate classsuitable for execution of the electrical work. He shall engage suitablyskilled licensed workmen of various categories for execution of worksupervised by supervisors/ Engineer of appropriate qualification andexperience to ensure proper execution of work. They will carry outinstruction of Engineer-in-Charge and other senior officers of theDepartment during the progress of work.

Use of quality materialsOnly quality materials of reputed make as specified in the tender will beused in the work.

Fabrication in Reputed workshopSwitch boards and LT penal shall be fabricated in a factory /workshophaving modern facilities like quality fabrication, seven tank process,powder/epoxy paint plant, proper testing facilities, manned by qualifiedtechnical personnel. These shall be as per make/ item approved.

The tenderer shall specify some quality makes of fabrications with modernfacilities of design, fabrication and testing capable of delivering high qualityLT panels and switch boards after testing as per relevant specification.

The contractor will be required to furnish such facilities as will be necessaryfor inspection of the equipment before dispatch at the manufacturer's worksand also to witnessing such tests, at the works, if so required by thedepartment. The contractor shall furnish information for this purpose andwill give sufficient notice regarding the dates proposed for such test toinspection agency.

TestingAll tests prescribed in these General Specifications, to be done before,during and after installation, shall be carried out, and the test result besubmitted to the Engineer -in- Charge in prescribed Performa, forming partof Completion Certificate. After completion of installation, following testshall be carried out.

(i) Insulation resistance test.(ii) Polarity test of switch.(iii) Earth continuity test.(iv) Earth electrode resistance test.

All necessary testing instruments for the test shall be arranged bythe contractor, if so required by the Engineer -in- Charge at his own costwithout any burden on the Department.


156

In case of substation work it shall be responsibility of contractor to getclearance from the office of Chief Electrical Inspector at his own cost. Likewiseother work(s) such as fire fighting lift etc. the contractor shall be responsiblefor getting clearnace for the work done from the concerned department.

Commissioning on CompletionAfter the work is completed, it shall be ensured that the installation is testedand commissioned. On completion of an electrical installation (or anextension to an installation), a certificate shall be furnished by the contractor,counter signed by the certified supervisor under whose direct supervision,the installation was carried out. This certificate shall be in the prescribedform as given in Appendix ‘E’ form of completion certificate (Clause 1.26)of the CPWD general specification internal Part–I.

Completion Plan and Completion Certificate(i) For all works, completion certificate after completion of work

as given in Appendix ‘E’ of CPWD general specificationInternal Part - I shall be submitted to the Engineer -in- Charge.

(ii) Completion Plan drawn to a suitable scale in tracing cloth withink indicating the following, along with three blue print copiesof the same shall also be submitted.

(a) General layout of the building.

(b) Location of main switchboard and distribution boardsindicating the circuit numbers controlled by them.

(c) Position of all points and their controls.

(d) Types of fittings, viz. fluorescent, pendants, brackets, bulkhead, fans and exhaust fans etc.

(e) Name of work, job number, accepted tender reference,actual date of completion, name of building/departmentand name of firm who executed the work with theirsignature.

(f) Single line distribution plan.

GuaranteeThe installation will be handed over to the department after necessarytesting and commissioning. Installation will be guaranteed against anydefective design/workmanship. Similarly the materials supplied by thecontractor will be guaranteed against any manufacturing defects, in inferiorquality. The guarantee period will be for a period of 12 months from thedate of handing over to the department. Installation/equipments orcomponents thereof shall be rectified/repaired to the satisfaction of theEngineer -in- Charge. The firm will be required to submit guarantee offans and fittings from the manufacturer to the department.


157

BUILDING & CONSTRUCTION DEPARTMENTJAMIA MILLIA ISLAMIA, NEW DELHI - 110025

LIST OF APPROVED MAKES FOR ELECTRICAL ITEMS

Switch & Socket : Anchor ISI (Piano type) Penta While Modulartype- North West, Anchor Roma, Schneider,Legrand etc. or as per approved by Engineer-in- Charge.

Flurorescent & Other fittings : As per Schedule.

Ceiling Light : Approved by Engineer-incharge.

Ceiling Fans : Khaitan (Bullet), Orient (New BreezePSPO), Havells (Velocity), CromptonGreaves (High Speed).

M.S. Conduit : BEC, AKG upto 1.5" dia pipe 16 SWG and14 SWG for over 1.5" dia Heavy duty.

PVC Conduit : AKG, BEC (H.M.S.).

M.S. Box : M.S. Sheet 16 Gauge or as per approved byEngineer-incharge.

Wire (Multi Stand/Flexible : Batra Henly, Plaza, Havells, Finolex.

11KV/1.1KV XLPE Cable : Glouster, Grandlay, Havells, Skytone or asper Schedule.

M.C.B., Isolator & Its D.B. : Legrand, Havells, L&T or as per Schedule.

MCCB : Schneider Electric, L&T, Legrand or as perSchedule.

Energy Meter : Havells, Capital, HPL, A.E. or as perSchedule.

Lugs & Glarnds : Dowells Sibg, Comexs, Comet or as perSchedule.

Meters/Multifunction Meters : A.E., Havells, HPL or as per Schedule.

List of approved makes for Electrical Items

158

CTS : Kappa, A.E., Siemens, C&S or as perschedule.

Puah Button : L&T or as per schedule

Air Circuit Breaker : L&T, ABB, Schneider or as per schedule

Connector Block : Elmax, Tosha or as per schedule

Contactor & Overload Relay : L&T, Siemens, Legrand, ABB or as perschedule.

HDPE Pipe : REX or as per schedule.

Switch Gear/Isolator L.T. : Havells, L&T, Siemens, Legrand or as perschedule.

Fuse Carrier Rewireable : Havells, Siemens, L&T or as per schedule.

HRC Fuses : L&T, Havells or as per schedule.

Pole Box : SHI, Sentex or as per schedule.

Bakelite Sheet : Hylam white only, Super Hylam ISI, SilverHylam ISI or as per schedule.

Indicating lamp : L&T, MDS, Havells or as per schedule.

Transformers Oil type : Crompton Greeves, Universal, Kirloskar oras per schedule.

Transformer package/Dry type : Universal, Kirloskar, Crompton Greeves

HT Panel : L&T, Schneider, ABB, Crompton Greevesor as per schedule.

Response indicator : Agni, or as per schedule.

Hooter Fire Panel : Agni, Khaera, or as per schedule.

Manual Call Box : Agni, or as per schedule.

Smoke/Heat detector : Apollo, Edward, or as per schedule.

Rack : HCL, VALRACk, Legrand or as perschedule.


159

UTP Cable : AMP/Systimax/Tyco/Legrand/Molex oras per schedule.

Telephone Cable : Finolex/Delton/Havells or as perschedule.

Bus Duct : Hindalco, C&S or as per schedule.

Jack Panel : AMP/Systimax/Tyco/Legrand/Molex oras per schedule.

I/Os with face plate : AMP/Systimax/Tyco/Legrand/Molex oras per schedule.

L.T. Panels : Factory fabricated with approval on G.A.Drawing as per approval of Engineer -in-Charge

Silent DG set : Cummins, Kirloskar, Valvopanta, CatterPiller, Mitsubishi

Light Fixture : Wipro, Phillips, Crompton or as perschedule.

Capacitor : Ducati, Havells, L&T or as per schedule.

11/1.1 KV heat shrinkableIndoor/Outdoor straightthrough Cable Jointing Kit : Rechyem or as per schedule.

Fire Extinguishers : Omex, Minimax, or as per schedule.

Selector Switch : A.E., L&T, or as per schedule.

Voltmeter/ Ammeter : A.E., or as per schedule.

End Joint : Reycham Heat shrinkable kit, or as perschedule.

Control Cable 1100V grade : Havells, Glouster, Grandlay or as perschedule.

Note : The Engineer -in- Charge, JMI reserves the right to add or delete any material andbrand in the list of approved materials/brands. The list given above is for generalinformation to Contractor. All material provided by the Contractor shall be got approved

from the the Engineer -in- Charge.


160

Appendix

APPENDIX- XVI

1. Defects Liability Period : 12 Months

2. Period of Final Measurement : Three Months

3. Date of Commencement : 15th day from the day of letterawarding works unless otherwisespecified

4. Time of Completion :

5. Liquidated damages at the rate : As per Clause 2

6. Minimum value of works for : Rs.

Interim Certificate

7. Retention Percentage : 10% (5% PG + 5% SD)

8. Release of Security Money : After defects liability of 12 monthsperiod of 12 months or one rainyseason whichever is longer.

9. Total Retention Money including : 10%Security by the Employer

1

PART-II

FINANCIAL BID DOCUMENTS

Replacement OF Old Existing A.C Units to NEW A.C

Units Installed at Ground Floor and 1st floor reading

room and provision of SITC of 08 Nos. of tower A.C

Units for 1st floor and 2nd floor Stack room

converted into reading room at Dr. Zakir Hussain

Old Library, JAMIA MILLIA ISLAMIA

NEW DELHI - 110025


Jamia Millia Islamia New Delhi - 110025


2

NOTE

CONTRACTORS ARE ADVISE TO QUATE THEIR RATE ON PERCENTAGE RATE BASIS FOR

DSR BASED ITEMS AND ITEM RATE BASIS FOR MARKET RATE ITEMS / NON SCHEDULED

ITEMS CAREFULLY ALONG WITH CALCULATIONS. THE RATE SHOULD BE QOUTED IN

WORDS AS WELL AS IN FIGURE. CUTTING AND OVER WRITING MUST BE SIGNED BY

THE TENDERER.

To,

S.No./

क्रम संख्या

Percentage in figures /

प्रतिशि आंकड़ों मेंPercentage in words /

प्रतिशि शब्द़ों मेंQuoted

Amount/उद्धरिि िाशश1

Estimated Amount of DSR 2016

Items

DSR-2016 आइटम की अनुमाननत राशि

` NIL

2

Estimated Amount of DSR 2016

Items .

DSR- 2016 आइटम की अनुमाननत राशि

` 125,094.00

3

(III)Estimated Amount of Market

Rate Items

Remark

बाजार दर आइटम की अनुमाननत राशि

` NIL

4

Estimated Amount of Market

Rate ItemsRemark

बाजार दर आइटम` 3,197,920.00

3,323,014.00

…………………………………

…………………………………

…………………………………

Total amount of

N.S. items as per

item rate

…………….………

Only/केवल.

Civil etc. Market Rate Items / शसविल बाजाि दि आइटम:

Total Amount Quoted

in Figuers

Total Amount

Quoted in Words

Total amount of

N.S. items as per

item rate

(II) @...........................%

below/above नीच े/

ऊपर

The Professor Incharge/प्राध्यापक प्रभारीBuilding & Construction Department/भवन एव ंननमााण ववभागJamia Millia Islamia/जाशमया शमशलया इस्लाशमयाNew Delhi/नई ददल्ली 25.Subject / ववषय: REPLACEMENT OF Old Existing A.C Units to NEW A.C Units Installed at Ground Floor and

1st floor reading room and provision of SITC of 08 Nos.of tower A.C Units for 1st floor and 2nd floor Stack

room converted into reading room at Dr. Zakir Hussain Old Library, JAMIA MILLIA ISLAMIA

With reference to tender in respect of work as noted above, I/We hereby submit / quote my

lowest percentage and amount as follows:-

ऊपर उल्लेखित काम की ननववदा के संबंध में मेरी/हमारी बोली सबस ेकम प्रनतित और राशि के रूप में ननम्नानुसार है:-

Particulars/ विििण

C./सुधारO.W/अधधलेिन

Rebate/छूट

Sir/महोदय,

Estimated Cost: /

अनुमाननत लागत: (`)

Electrical E&M etc. Market Rate Items/बबजली बाजाि दि आइटम:

Total Amount Quoted

in Figuers

Total Amount

Quoted in Words(IV)

(I) @...........................%

below/above नीच े/

ऊपर…………….………

Only/केवल.

Electrical DSR Work/बबजली का कायय:

Civil DSR Work / शसविल कायय:

1

Name of Work:-

Replacement of old Existing Air conditioning units to New air conditioning unit installed at Ground floor and 1st floor reading room and Provision of SITC of 08 Nos. of Tower Air conditioning unit for 1st floor and 2nd floor Stack room converted in to Reading room at Dr. Zakir Hussain Old Library, JMI

SLNo Description Qty Unit Rate Amount

1 WIRING

1.1 Wiring for circuit/ submain wiring alongwith earth wire with the following sizes of FRLS PVC insulated copper conductor, single core cable in surface/ recessed medium class PVC conduit as required.

1.1.1 4 X 6 sq. mm + 2 X 6 sq. mm earth wire 250 Metre 395.00 98750.00

Sub-Total 98750.00

2 MCCB, MCB & DB'S

2.1 Providing and fixing following rating and breaking capacity and pole MCCB with thermomagnetic release and terminal spreaders in existing cubicle panel board including drilling holes in cubicle panel, making connections, etc. as required.

2.1.1 400 A, 35 kA,TPMCCB 1 Each 15672.00 15672.00

2.2 Supplying and fixing following rating, four pole, 415 V, isolator in the existing MCB DB complete with connections, testing and commissioning etc. as required.

2.2.1 40 A 16 Each 667.00 10672.00

Sub-Total 26344.00

Total (DSR) 125094.00

3 MR Items

3.1 Dismantling & Removing of existing indoor & Outdoor "Air Cooled Ductable type Air-conditioning Unit" and Removing of existing of copper refrigerant piping between the indoor and the outdoor unit complete with all supports, joints, refrigerant pipe insulation and accessories of the existing unit storing the same at Ground Floor (shifitng the same to Jamia Store) 8 No.

3.2 Supply of 4.0 TR Air cooled Floor standing tower A. C Unit consisting of condensing unit and indoor unit. 8 No.

3.3 Supply & Fixing of Angle Iron Frame mounting for ODU 4.0 TR Tower A.C. 8 No.

3.4 Supply & Fixing of Copper refrigerant piping between the indoor and the outdoor unit complete with all supports, joints, refrigerant pipe insulation and accessories for the tower unit. 50 Rmt

3.5 Supply & Fixing of interconnection control cable for outdoor to indoor unit. 50 Rmt

2

3.6 Supply & Fixing of heavy duty Draw PVC Drain pipe 25mm with insulation. 20 Rmt

3.7 Supply, installation, testing and commissioning of copper refrigerant piping between the indoor and the outdoor unit complete with all supports, joints. refrigerant pipe insulation and accessories for the A.C. Units. Cassette A.C.Units 17.0 Tr, 11.0 Tr, 8.5 Tr & 5.50 and TFA Units 700 CFM, 600 CFM & 500 CFM 80 Rmt

3.8 Supply & Fixing of Angle Iron Frame mounting for A.C.Units. ODU of Air Cooled Ductable A.C. Unit 17.0 Tr, 11.0 Tr, 8.5 Tr & 5.50 and TFA Units 700 CFM, 600 CFM & 500 CFM 8 No.

3.9 Supply & Fixing pole boxes of SHI make etc. as reqd. 16 Each

3.1 Supply, installation, testing and commissioning of "Air Cooled Ductable type Air-conditioning Unit" consisting of Condensing Unit and Indoor Unit with isolator, control panel of the unit and all internal electrical power and accessories and ancilliary item like thermostats etc. of 17.0TR capacity Complete in all respect as per specifications.

4 Nos.

3.11 Supply, installation, testing and commissioning of "Air Cooled Ductable type Air-conditioning Unit" consisting of Condensing Unit and Indoor Unit with isolator, control panel of the unit and all internal electrical power and accessories and ancilliary item like thermostats frames etc. of 11.0 TR capacity Complete in all respect as per specifications.

4 Nos.

BID DOCUMENTS - Jamia Millia Islamia

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