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B I D D I N G D O C U M E N T SforProcurement ofComprehensive Water Supply Service Improvements inAnanthapur <strong>Municipal</strong> Corporation-Package IICB No: 1/APMDP/ATP/2012-13<strong>Project</strong>: <strong>Andhra</strong> <strong>Pradesh</strong> <strong>Municipal</strong> <strong>Development</strong> <strong>Project</strong>.The Commissioner,<strong>Municipal</strong> Corporation, Ananthapur<strong>Andhra</strong> <strong>Pradesh</strong>India.Issued on: 28 th November, 2012iSection II. Bid Data Sheet


4. Bidding will be conducted through International Competitive Bidding (ICB) as perthe provisions in the World Bank Standard Bidding Documents: Procurement ofworks (SBDW) under IBRD loans and Credits, March 2012 Edition and is opento bidders from eligible countries as per Section V of Bidding documents.5. Bidders are advised to note the minimum qualification criteria specified in SectionIII of the Bidding document to qualify for the award of contract.6. Interested eligible bidders may obtain further information from the e-procurementportal http://eprocure.gov.in/eprocure/app in ‘Tender Search’ by entering key word‘APMDP’ and also from the <strong>Project</strong> website www.apmdp.gov.in by navigatingthrough ‘eProcurement (Goods & Works)’7. The complete set of bid documents is available online from 30-11-2012 11:00AM(IST) onwards. The bids may be viewed, downloaded and submitted onlinethrough the portal http://eprocure.gov.in/eprocure/app. Bids submitted manuallywill not be accepted. The bidders would be required to register in the web-site.Bidders who are not registered may obtain the User ID and Password for participatingin the bids by registering in the website: http://eprocure.gov.in/eprocure/app free ofcharge.8. For submitting bids, the bidders are required to have Digital Signature Certificate(DSC) issued from any of the authorized Certifying Authorities. Foreign bidders fromeligible countries may obtain Class-II DSC from the Certifying Authorities followingthe procedure described in the ‘<strong>Download</strong>s’ option in the e-procurement portalhttp://eprocure.gov.in/eprocure/app.9. Bid Security: INR 11.70 million (USD 234,000)Bid security will have to be in any one of the forms as specified in the biddingdocument and shall have to be valid for 45 days beyond the validity of the bid10. The bidders are required to submit(a) original bid security in approved form and(b) original power of Attorney authorizing the person to sign the bidson behalf of the bidder as per Clause 20 of ITB of bidding documentin the Office of the Commissioner, Ananthapur <strong>Municipal</strong> Corporation,Ananthapur Pin code 515 001, <strong>Andhra</strong> <strong>Pradesh</strong> (India), on or before the date andtime of opening of Bids, either by registered post or by hand, failing which the bidsshall be declared non-responsive.i) The above documents may be submitted in one envelope. The biddersshall not write their names or addresses on this envelope.


ii) The number mentioned on acknowledgement of online submission of thebid by the bidder shall be mentioned on envelope containing thedocuments as detailed above.11. A pre-bid meeting will be held on 11-12-2012 at 11:00 AM (IST) at the officeof Commissioner, Ananthapur <strong>Municipal</strong> Corporation, Ananthapur, <strong>Andhra</strong><strong>Pradesh</strong> (India) to clarify the issues and to answer questions on any matter that maybe raised at that stage as stated in Clause 7.4 of ‘Instructions to Bidders’ of thebidding document.12. The last Date and time for receipt of bids through the e-procurement portalhttp://eprocure.gov.in/eprocure/app is 11-1-2013 upto 5:00 PM (IST). Bids will beopened in the presence of the bidders’ representatives who choose to attend at 11:00AM (IST) on 17-1-2013 in the office of Commissioner, Ananthapur <strong>Municipal</strong>Corporation, Ananthapur, <strong>Andhra</strong> <strong>Pradesh</strong> (India). If the office happens to beclosed on the date of opening of the bids as specified, the bids will be opened on thenext working day at the same time and venue.13. There is no margin of preference to the domestic bidders.14. Other details can be seen in the bidding documents. The Employer shall not be heldliable for any delays due to system failure beyond its control. Even though the systemwill attempt to notify the bidders of any bid updates, The Employer shall not be liablefor any information not received by the bidder. It is the bidders’ responsibility toverify the website for the latest information related to the tender.15. The address for communication is as under:Name & Designation of Officer: Commissioner,Office Address: Ananthapur <strong>Municipal</strong> Corporation,Ananthapur-515001,<strong>Andhra</strong> <strong>Pradesh</strong>- INDIA.Telephone: 08554-274716Facsimile number: 08554- 274323Email: mcanantapur@cdma.gov.in


Table of ContentsPART 1 – Bidding Procedures ................................................................................................1Section I. Instructions to Bidders ..................................................................................3Section II. Bid Data Sheet ...........................................................................................27Section III. Evaluation and Qualification Criteria (Without Prequalification) ...........35Section IV. Bidding Forms .........................................................................................49Section V. Eligible Countries .....................................................................................86Section VI. Bank Policy – Corrupt and Fraudulent Practices……………………... 86PART 2 –Works Requirements ............................................................................................89Section VII. Works Requirements ..............................................................................90PART 3 – Conditions of Contract and Contract Forms ................................................2317Section VIII. General Conditions (GC) ...................................................................2328Section IX. Particular Conditions (PC) ...................................................................3495Section X. Annex to the Particular Conditions - Contract Forms.............................356


PART 1 – BIDDING PROCEDURES1 Section II. Bid Data Sheet


3Section I. Instructions to BiddersTable of ClausesA. General .................................................................................................................................51. Scope of Bid .......................................................................................................52. Source of Funds .................................................................................................53. Corrupt and Fraudulent Practices .......................................................................64. Eligible Bidders .................................................................................................65. Eligible Materials, Equipment, and Services ....................................................9B. Contents of Bidding Documents .......................................................................................96. Sections of Bidding Documents........................................................................97. Clarification of Bidding Documents, Site Visit, Pre-Bid Meeting ..................108. Amendment of Bidding Documents ................................................................11C. Preparation of Bids ..........................................................................................................119. Cost of Bidding ................................................................................................1110. Language of Bid ...............................................................................................1111. Documents Comprising the Bid .......................................................................1112. Letter of Bid and Schedules .............................................................................1213. Alternative Bids ...............................................................................................1214. Bid Prices and Discounts .................................................................................1315. Currencies of Bid and Payment .......................................................................1416. Documents Comprising the Technical Proposal ..............................................1417. Documents Establishing the Qualifications of the Bidder ...............................1418. Period of Validity of Bids ................................................................................1519. Bid Security .....................................................................................................1620. Format and Signing of Bid ...............................................................................17D. Submission and Opening of Bids ....................................................................................1821. Sealing and Marking of Bids ...........................................................................1822. Deadline for Submission of Bids .....................................................................1823. Late Bids ..........................................................................................................1824. Withdrawal, Substitution, and Modification of Bids .......................................1925. Bid Opening .....................................................................................................19E. Evaluation and Comparison of Bids ...............................................................................2026. Confidentiality .................................................................................................2027. Clarification of Bids .........................................................................................2028. Deviations, Reservations, and Omissions ........................................................2029. Determination of Responsiveness ....................................................................2130. Nonmaterial Nonconformities .........................................................................213 Section II. Bid Data Sheet


31. Correction of Arithmetical Errors ....................................................................2232. Conversion to Single Currency ........................................................................2233. Margin of Preference .......................................................................................2234. Subcontractors..................................................................................................2235. Evaluation of Bids............................................................................................2336. Comparison of Bids .........................................................................................2437. Qualification of the Bidder ..............................................................................2438. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ............24F. Award of Contract ............................................................................................................2539. Award Criteria .................................................................................................2540. Notification of Award ......................................................................................2541. Signing of Contract ..........................................................................................2542. Performance Security .......................................................................................264 Section I. Instructions to Bidders


Section I. Instructions to BiddersA. General1. Scope of Bid 1.1 In connection with the Invitation for Bids specified in theBid Data Sheet (BDS), the Employer, as specified in theBDS, issues these Bidding Documents for the procurementof Works as specified in Section VII, Works Requirements.The name, identification, and number of lots (contracts) ofthisInternational Competitive Bidding (ICB) process areprovided in the BDS.1.2 ThroughouttheseBiddingDocuments:(a) the term “in writing” means communicated in writtenform and delivered against receipt;(b) except where the context requires otherwise, wordsindicating the singular also include the plural and wordsindicating the plural also include the singular; and(c) “day” means calendar day.2. Source of Funds 2.1 The Borrower or Recipient (hereinafter called “Borrower”)specified in the BDS has received or has applied forfinancing (hereinafter called “funds”) from the InternationalBank for Reconstruction and <strong>Development</strong> or theInternational <strong>Development</strong> Association (hereinafter called“the Bank”) in an amount specified in the BDS,. TheBorrower intends to apply a portion of the funds to eligiblepayments under the contract(s) for which these BiddingDocuments are issued.2.2 Payment by the Bank will be made only at the request of theBorrower and upon approval by the Bank, and will besubject, in all respects, to the terms and conditions of theLoan (or other financing) Agreement. The Loan (orfinancing) Agreement prohibits a withdrawal from the Loan(or other financing) account for the purpose of any paymentto persons or entities, or for any import of goods, if suchpayment or import, to the knowledge of the Bank, isprohibited by a decision of the United Nations SecurityCouncil taken under Chapter VII of the Charter of theUnited Nations. No party other than the Borrower shallderive any rights from the Loan (or other financing)Agreement or have any claim to the proceeds of the Loan (or5 Section I. Instructions to Bidders


other financing)..3. Corrupt andFraudulentPractices3.1 The Bank requires compliance with its policy in regard tocorrupt and fraudulent practices as set forth in Section VI.3.2 In further pursuance of this policy, Bidders shall permit andshall cause its agents (whether declared or not), subcontractors,sub-consultants, service providers, or suppliersand any personnel thereof,to permit the Bank to inspect allaccounts, records and other documents relating to anyprequalification process, bid submission, and contractperformance (in the case of award), and to have themaudited by auditors appointed by the Bank.4. Eligible Bidders 4.1 A Bidder may be a firm that is a private entity, agovernment-owned entity—subject to ITB 4.5—or anycombination of such entities in the form of a joint venture(JV) under an existing agreement or with the intent to enterinto such an agreement supported by a letter of intent. Inthe case of a joint venture, all members shall be jointly andseverally liable for the execution of the Contract inaccordance with the Contract terms. The JV shall nominatea Representative who shall have the authority to conduct allbusiness for and on behalf of any and all the members of theJV during the bidding process and, in the event the JV isawarded the Contract, during contract execution.Unlessspecifiedin the BDS, there is no limit on the number ofmembers in a JV.4.2 A Bidder shall not have a conflict of interest. Any Bidderfound to have a conflict of interest shall be disqualified. ABidder may be considered to have a conflict of interest forthe purpose of this bidding process, if the Bidder:(a) directly or indirectly controls, is controlled by or isunder common control with another Bidder; or(b) receives or has received any direct or indirect subsidyfrom another Bidder; or(c) has the same legal representative as another Bidder; or(d) has a relationship with another Bidder, directly orthrough common third parties, that puts it in a positionto influence the bid of another Bidder, or influence thedecisions of the Employerregarding this biddingprocess; or(e) participates in more than one bid in this bidding process.6 Section I. Instructions to Bidders


Participation by a Bidder in more than one Bid willresult in the disqualification of all Bids in which suchBidder is involved. However, this does not limit theinclusion of the same subcontractor in more than onebid; or(f) or any of its affiliates participated as a consultant in thepreparation of the design or technical specifications ofthe works that are the subject of the bid; or(g) or any of its affiliates has been hired (or is proposed tobe hired) by the Employer or Borrower as Engineer forthe Contract implementation;(h) would be providing goods, works, or non-consultingservices resulting from or directly related to consultingservices for the preparation or implementation of theproject specified in the BDS ITB 2.1 that it provided orwere provided by any affiliate that directly or indirectlycontrols, is controlled by, or is under common controlwith that firm; or(i) has a close business or family relationship with aprofessional staff of the Borrower (or of the projectimplementing agency, or of a recipient of a part of theloan) who: (i) are directly or indirectly involved in thepreparation of the bidding documents or specificationsof the contract, and/or the bid evaluation process of suchcontract; or (ii) would be involved in the implementationor supervision of such contract unlessthe conflictstemming from such relationship has been resolved in amanneracceptable to the Bank throughout theprocurement process and execution of the contract.4.3 ABidder may have the nationality of any country, subject tothe restrictions pursuant to ITB 4.7. ABidder shall bedeemed to have the nationality of a country if the Bidder isconstituted, incorporated or registered in and operates inconformity with the provisions of the laws of that country,as evidenced by its articles of incorporation (or equivalentdocuments of constitution or association) and its registrationdocuments, as the case may be. This criterion also shallapply to the determination of the nationality of proposedsub-contractors or sub-consultants for any part of theContract including related Services.4.4 ABidder that has been sanctioned by the Bank in accordancewith the above ITB 3.1, including in accordance with the7 Section I. Instructions to Bidders


Bank’s Guidelines on Preventing and Combating Corruptionin <strong>Project</strong>s Financed by IBRD Loans and IDA Credits andGrants (“Anti-Corruption Guidelines”), shall be ineligible tobe prequalified for, bid for, or be awarded a Bank-financedcontract or benefit from a Bank-financed contract,financially or otherwise, during such period of time as theBank shall have determined. The list of debarred firms andindividuals is available at the electronic address specified inthe BDS.4.5 Bidders that are Government-owned enterprises or institutionsin the Employer’s Country may participate only if they canestablish that they (i) are legally and financially autonomous(ii) operate under commercial law, and (iii) are not dependentagencies of the Employer. To be eligible, a government-ownedenterprise or institution shall establish to the Bank’ssatisfaction, through all relevant documents, including itsCharter and other information the Bank may request, that it: (i)is a legal entity separate from the government (ii) does notcurrently receive substantial subsidies or budget support; (iii)operates like any commercial enterprise, and, inter alia, is notobliged to pass on its surplus to the government, can acquirerights and liabilities, borrow funds and be liable for repaymentof its debts, and can be declared bankrupt; and (iv) is notbidding for a contract to be awarded by the department oragency of the government which under their applicable laws orregulations is the reporting or supervisory authority of theenterprise or has the ability to exercise influence or control overthe enterprise or institution.4.6 ABidder shall not be under suspension from bidding by theEmployer as the result of the operation of a Bid–SecuringDeclaration.4.7 Firms and individuals may be ineligible if so indicated inSection V and (a) as a matter of law or official regulations,the Borrower’s country prohibits commercial relations withthat country, provided that the Bank is satisfied that suchexclusion does not preclude effective competition for thesupply of goods or the contracting of works or servicesrequired; or (b) by an act of compliance with a decision ofthe United Nations Security Council taken under ChapterVII of the Charter of the United Nations, the Borrower’scountry prohibits any import of goods or contracting ofworks or services from that country, or any payments to anycountry, person, or entity in that country.4.8 This bidding is open only to prequalified Bidders unless8 Section I. Instructions to Bidders


specified in the BDS.4.9 A Bidder shall provide such evidence of eligibilitysatisfactory to the Employer, as the Employer shallreasonably request.5. Eligible Materials,Equipment, andServices5.1 The materials, equipment and services to be supplied underthe Contract and financed by the Bank may have their originin any country subject to the restrictions specified in SectionV, Eligible Countries, and all expenditures under theContract will not contravene such restrictions. At theEmployer’s request, Bidders may be required to provideevidence of the origin of materials, equipment and services.B. Contents of Bidding Documents6. Sections of BiddingDocuments6.1 The Bidding Documents consist of Parts 1, 2, and 3, whichinclude all the Sections specified below, and which should beread in conjunction with any Addenda issued in accordancewith ITB 8.PART 1 Bidding Procedures• SectionI. Instructions to Bidders (ITB)• Section II. Bid Data Sheet (BDS)• Section III. Evaluation and Qualification Criteria• Section IV. Bidding Forms• Section V. Eligible Countries• Section VI. Bank Policy-Corrupt and FraudulentPracticesPART 2 Works Requirements• Section VII. Works RequirementsPART 3 Conditions of Contract and Contract Forms• Section VIII. General Conditions (GC)• Section IX. Particular Conditions (PC)• Section X. Annex to the Particular Conditions -Contract Forms6.2 The Invitation for Bids issued by the Employer is not part ofthe Bidding Documents.The Bid Document shall be available online.In case fee is charged, the modeand process of payment of fee shall be specified inBDS.9 Section I. Instructions to Bidders


6.4 The Bidder is expected to examine all instructions, forms,terms, and specifications in the Bidding Documentsand tofurnish with its bid all information and documentation as isrequired bythe Bidding Documents.7. Clarification ofBiddingDocuments, SiteVisit, Pre-BidMeeting7.1 A Bidder requiring any clarification of the BiddingDocuments shall notifythe Employer through the e-procurement systemspecified in the BDS or raise itsenquiries during the pre-bid meeting if provided for inaccordance with ITB 7.4. The Employer’sresponse to theclarification, including a description of the inquiry butwithout identifying its source will be made availablethroughthe e-procurement systemprovided that such request isuploaded no later than fourteen (14) days prior to thedeadline for submission of bids. .Should the clarificationresult in changes to the essential elements of the BiddingDocuments, the Employer shall amend the BiddingDocuments in the e-procurement systemfollowing theprocedure under ITB 8 and ITB 22.2.7.2 The Bidder is advised to visit and examine the Site of Worksand its surroundings and obtain for itself on its ownresponsibility all information that may be necessary forpreparing the bid and entering into a contract forconstruction of the Works. The costs of visiting the Siteshall be at the Bidder’s own expense.7.3 The Bidder and any of its personnel or agents will begranted permission by the Employer to enter upon itspremises and lands for the purpose of such visit, but onlyupon the express condition that the Bidder, its personnel,and agents will release and indemnify the Employer and itspersonnel and agents from and against all liability in respectthereof, and will be responsible for death or personal injury,loss of or damage to property, and any other loss, damage,costs, and expenses incurred as a result of the inspection.7.4 If so specified in the BDS, the Bidder’s designatedrepresentative is invited to attend a pre-bid meeting. Thepurpose of the meeting will be to clarify issues and toanswer questions on any matter that may be raised at thatstage.7.5 The Bidder is requestedto submit any questions through e–procurement portal, not later than one week before the10 Section I. Instructions to Bidders


8. Amendment ofBidding Documentsmeeting.7.6 Minutes of the pre-bid meeting, if applicable, including thetext of the questions asked by Bidders, without identifyingthe source, and the responses given, together with anyresponses prepared after the meeting, will be posted in the e-procurement system. Any modification to the BiddingDocuments that may become necessary as a result of the prebidmeeting shall be made by the Employer exclusivelythrough the issue of an Addendum in the e-procurementsystempursuant to ITB 8 and not through the minutes of thepre-bid meeting.Nonattendance at the pre-bid meeting willnot be a cause for disqualification of a Bidder.8.1 At any time prior to the deadline for submission of bids, theEmployer may amend the Bidding Documents by issuingaddenda in the e-procurement system in accordance withITB 7.18.2 Any addendum issued shall be part of the BiddingDocuments.8.3 To give Bidders reasonable time in which to take anaddendum into account in preparing their bids, the Employermay extend the deadline for the submission of bids, pursuantto ITB 22.2 by issuing a notification in the e-procurementsystem.C. Preparation of Bids9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with thepreparation and submission of its Bid, and the Employershall not be responsible or liable for those costs, regardlessof the conduct or outcome of the bidding process.10. Language of Bid 10.1 The Bid, as well as all correspondence and documentsrelating to the bid exchanged by the Bidder and theEmployer, shall be written in the language specified in theBDS. Supporting documents and printed literature that arepart of the Bid may be in another language provided they areaccompanied by an accurate translation of the relevantpassages in the language specified in the BDS, in whichcase, for purposes of interpretation of the Bid, suchtranslation shall govern.11. DocumentsComprising the Bid11.1 The Bid shall comprise the following:(a)Letter of Bid and Appendix to Bid;11 Section I. Instructions to Bidders


(b)(c)(d)completed schedules as required, including priced Billof Quantities, in accordance with ITB 12 and 14;Scanned copy of Bid Security or Bid-SecuringDeclaration, in accordance with ITB 19.1;alternative bids, if permissible, in accordance with ITB13;(e) Scanned written confirmation authorizing thesignatory of the Bid to commit the Bidder, inaccordance with ITB 20.2;(f) documentary evidence in accordance with ITB 17establishing the Bidder’s continued qualified status or,if post-qualification applies, as specified in accordancewith ITB 4.8, the Bidder’squalifications to perform thecontract if its Bid is accepted;(g)(h)Technical Proposal in accordance with ITB 16; andany other document required in the BDS.11.2 In addition to the requirements under ITB 11.1, bidssubmitted by a JV shall include a copy of the Joint VentureAgreement entered into by all members. Alternatively, aletter of intent to execute a Joint Venture Agreement in theevent of a successful bid shall be signed by all members andsubmitted with the bid, together with a copy of the proposedAgreement.11.3 The Bidder shall furnish in the Letter of Bid information oncommissions and gratuities, if any, paid or to be paid toagents or any other party relating to this Bid.12. Letter of Bid andSchedules12.1 The Letter of Bid and Schedules, including the Bill ofQuantities, shall be prepared using the relevant formsfurnished in Section IV, Bidding Forms. The forms must becompleted without any alterations to the text, and nosubstitutes shall be accepted except as provided under ITB20.2. All blank spaces shall be filled in with the informationrequested.13. Alternative Bids 13.1 Unless otherwise specified in the BDS, alternative bidsshall not be considered.13.2 When alternative times for completion are explicitly invited,a statement to that effect will be included in the BDS, aswill the method of evaluating different times for completion.13.3 Except as provided under ITB 13.4 below, Bidders wishing12 Section I. Instructions to Bidders


to offer technical alternatives to the requirements of theBidding Documents must first price the Employer’s designas described in the Bidding Documents and shall furtherprovide all information necessary for a complete evaluationof the alternative by the Employer, including drawings,design calculations, technical specifications, breakdown ofprices, and proposed construction methodology and otherrelevant details. Only the technical alternatives, if any, ofthe lowest evaluated Bidder conforming to the basictechnical requirements shall be considered by the Employer.13.4 When specified in the BDS, Bidders are permitted tosubmit alternative technical solutions for specified parts ofthe Works, and such parts will beidentified in the BDS, aswill the method for their evaluating, and described inSection VII, Works Requirements.14. Bid Prices andDiscounts14.1 The prices and discounts(including any price reduction)quoted by the Bidder in the Letter of Bid and in the Bill ofQuantities shall conform to the requirements specifiedbelow.14.2 The Bidder shall fill in rates and prices for all items of theWorks described in the Bill of Quatities. Items against whichno rate or price is entered by the Bidder shall be deemedcovered by the rates for other items in the Bill of Quantitiesand will not be paid for separately by the Employer.An itemnot listed in the priced Bill of Quantities shall be assumed tobe not included in the Bid, and provided that the Bid isdetermined substantially responsive notwithstanding thisomission, the average price of the item quoted bysubstantially responsive bidders will be added to the bidprice and the equivalent total cost of the bid so determinedwill be used for price comparison.14.3 The price to be quoted in the Letter of Bid, in accordancewith ITB 12.1, shall be the total price of the Bid, excludingany discounts offered.14.4 The Bidder shall quote any discounts and the methodologyfor their application in the Letter of Bid, in accordance withITB 12.1.14.5 Unless otherwise specifiedin the BDS and the Contract, therates and prices quoted by the Bidder are subject toadjustment during the performance of the Contract inaccordance with the provisions of the Conditions of13 Section I. Instructions to Bidders


Contract. In such a case, the Bidder shall furnish the indicesand weightings for the price adjustment formulae in theSchedule of Adjustment Data and the Employer may requirethe Bidder to justify its proposed indices and weightings.14.6 If so specified in ITB 1.1, bids are being invited forindividual lots (contracts)or for any combination of lots(packages). Bidders wishing to offer discounts for the awardof more than one Contract shall specify in their bid the pricereductions applicable to each package, or alternatively, toindividual Contracts within the package. Discounts shall besubmitted in accordance with ITB 14.4, provided the bidsfor all lots (contracts) are opened at the same time.14.7 All duties, taxes, and other levies payable by the Contractorunder the Contract, or for any other cause, as of the date 28days prior to the deadline for submission of bids, shall beincluded in the rates and prices and the total Bid Pricesubmitted by the Bidder.15. Currencies ofBidand Payment15.1 The currency(ies) of the bid and the currency(ies) ofpayments shall be as specified in the BDS.15.2 Bidders may be required by the Employer to justify, to theEmployer’s satisfaction, their local and foreign currencyrequirements, and to substantiate that the amounts includedin the unit rates and prices and shown in the the Schedule ofAdjustment Data in the Appendix to Bid are reasonable, inwhich case a detailed breakdown of the foreign currencyrequirements shall be provided by Bidders.16. DocumentsComprising theTechnical Proposal17. DocumentsEstablishing theQualifications ofthe Bidder16.1 The Bidder shall furnish a Technical Proposal including astatement of work methods, equipment, personnel, scheduleand any other information as stipulated in Section IV, insufficient detail to demonstrate the adequacy of the Bidder’sproposal to meet the work requirements and the completiontime.17.1 In accordance with Section III, Evaluation and QualificationCriteria, to establish that the Bidder continues to meet thecriteria used at the time of prequalification, the Bidder shallprovide in the corresponding information sheets included inSection IV, Bidding Forms, updated information on anyassessed aspect that changed from that time, or if postqualificationapplies as specified in ITB 4.8, the Bidder shallprovide the information requested in the correspondinginformation sheets included in Section IV, Bidding Forms.14 Section I. Instructions to Bidders


17.2 If a margin of preference applies as specified in accordancewith ITB 33.1, domestic Bidders, individually or in jointventures, applying for eligibility for domestic preferenceshall supply all information required to satisfy the criteriafor eligibility specified in accordance withITB 33.1.17.3 Any change in the structure or formation of a Bidder afterbeing prequalified and invited to Bid (including, in the case ofa JV, any change in the structure or formation of any memberthereto) shall be subject to the written approval of theEmployer prior to the deadline for submission of Bids. Suchapproval shall be denied if (i) a Bidder proposes to associatewith a disqualified Bidder or in case of a disqualified jointventure, any of its members; (ii) as a consequence of thechange, the Bidder no longer substantially meets thequalification criteria set forth in Section III, QualificationCriteria and Requirements; or (iii) in the opinion of theEmployer, the change may result in a substantial reduction incompetition. Any such change should be submitted to theEmployer not later than fourteen (14) days after the date ofthe Invitation for Bids.18. Period of Validityof Bids18.1 Bids shall remain valid for the period specified in the BDSafter the bid submission deadline date prescribed by theEmployer in accordance with ITB 22.1. A bid valid for ashorter period shall be rejected by the Employer as nonresponsive.18.2 In exceptional circumstances, prior to the expiration of thebid validity period, the Employer may request Bidders toextend the period of validity of their bids. The request andthe responses shall be made in writingin a manner specifiedin the BDS. If a bid security is requested in accordance withITB 19, it shall also be extended for twenty-eight (28)daysbeyond the deadline of the extended validity period. ABidder may refuse the request without forfeiting its bidsecurity. A Bidder granting the request shall not be requiredor permitted to modify its bid, except as provided in ITB18.3.18.3 If the award is delayed by a period exceeding fifty-six (56)days beyond the expiry of the initial bid validity, theContract price shall be determined as follows:(a) In the case of fixed price contracts, the Contract priceshall be the bid price adjusted by thefactor specified intheBDS.15 Section I. Instructions to Bidders


(b) In the case of adjustable price contracts, to determinethe Contract price, the fixed portion of the bid priceshall be adjusted by the factor specified in the BDS.(c) In any case, bid evaluation shall be based on the bidprice without taking into consideration the applicablecorrection from those indicated above.19. Bid Security 19.1 The Bidder shall furnish as part of its bid, either a Bid-Securing Declaration or a scanned copy of the bid security inthe amount and currency specified in the BDS. The originalof the Bid Security shall be submitted in accordance withtheprocedures specified in the ITB 20.1 below.19.2 A Bid-Securing Declaration shall use the form included inSection IV, Bidding Forms.19.3 If a bid security is specified pursuant to ITB 19.1, the bidsecurity shall be a demand guarantee in any of the followingforms at the Bidder’s option:(a) an unconditional guarantee issued by a bank or financialinstitution (such as an insurance, bonding or suretycompany);(b) an irrevocable letter of credit;(c) a cashier’s or certified check; or(d) another security specified in the BDS,from a reputable source from an eligible country. If theunconditional guarantee is issued by a financial institutionlocated outside the Employer’s Country, the issuing financialinstitution shall have a correspondent financial institutionlocated in the Employer’s Country to make it enforceable. Inthe case of a bank guarantee, the bid security shall besubmitted either using the Bid Security Form included inSection IV, Bidding Forms, or in another substantiallysimilar format approved by the Employer prior to bidsubmission. The bid security shall be valid for twenty-eight(28) days beyond the original validity period of the bid, orbeyond any period of extension if requested under ITB 18.2.19.4 If a bid security is specified pursuant to ITB 19.1, any bidnot accompanied by a substantially responsive bid securityor Bid-Securing Declaration shall be rejected by theEmployer as non responsive.16 Section I. Instructions to Bidders


19.5 If a bid security is specified pursuant to ITB 19.1, the bidsecurity of unsuccessful Bidders shall be returned aspromptly as possible upon the successful Bidder’ssigningthe Contract and furnishing the performance securitypursuant to ITB 42.19.6 The bid security of the successful Bidder shall be returned aspromptly as possible once the successful Bidder has signedthe Contract and furnished the required performancesecurity.19.7 The bid security may be forfeited or the Bid-SecuringDeclaration executed:(a) if a Bidder withdraws its bid during the period of bidvalidity specified by the Bidder on the Letter of Bid, orany extension thereto provided by the Bidder; or(b) if the successful Bidder fails to:20. Format andSigning of Bid(i)(ii)sign the Contract in accordance with ITB 41; orfurnish a performance security in accordancewith ITB 42.19.8 The bid security or the Bid-Securing Declaration of a JVshall be in the name of the JV that submits the bid. If the JVhas not been legally constituted into a legally enforceable JVat the time of bidding, the bid security or the Bid-SecuringDeclaration shall be in the names of all future members asnamed in the letter of intent referred to in ITB 4.1 and ITB11.2.19.9 If a bid security is not required in the BDS pursuant to ITB19.1, and(a)(b)if a Bidder withdraws its bid during the period of bidvalidity specified by the Bidder on the Letter of Bid,orif the successful Bidder fails to signthe Contract inaccordance with ITB 41; or furnish a performancesecurity in accordance with ITB 42;the Borrower may, if provided for in the BDS, declare theBidder ineligible to be awarded a contract by the Employerfor a period of time as stated in the BDS.20.1 The Bidder shall prepare the documents comprising the bidas described in ITB 11 and upload them in the e-procurement system as specified in BDS.Alternative bids, if17 Section I. Instructions to Bidders


permitted in accordance with ITB 13, shall be clearlymarked “ALTERNATIVE.” In addition, the Bidder shallproduce originals of the Bid Security and the Power ofAtorney, in the mannerspecified in the BDS.In the event ofany discrepancy between the original and the uploadeddocuments, the original shall prevail.20.2 The bid shall be signed by a person duly authorized to sign onbehalf of the Bidder. This authorization shall consist of awritten confirmation as specified in the BDS and shall beuploaded along with the bid. The name and position held byeach person signing the authorization must be typed or printedbelow the signature.20.3 In case the Bidder is a JV, the Bid shall be signed by anauthorized representative of the JV on behalf of the JV, andso as to be legally binding on all the members as evidencedby a power of attorney signed by their legally authorizedrepresentatives.A scanned copy of the power of attorneyshall be uploaded along with the bid.D. Submission and Opening of Bids21. Sealing andMarking of Bids22. Deadline forSubmission of Bids21.1 The Bidder shall submit the bids electronically, includingalternative bids, if permitted in accordance with ITB 13,through the e-procurement system. Any documentsubmitted through any other means will not be considered aspart of the Bid except for the Originals specified in ITB20.1.22.1 Bids must be submitted in the e-procurement systemno laterthan the date and time specified in the BDS.22.2 The Employer may, at its discretion, extend the deadline forthe submission of bids by amending the BiddingDocumentsin accordance with ITB 8, in which case all rightsand obligations of the Employer and Bidders previouslysubject to the deadline shall thereafter be subject to thedeadline as extended.23. Late Bids 23.1 The e-Procurement system would not allow any latesubmission of bids after due date & time as per serversystem. After electronic online proposal submission, thesystem generates a unique identification number which istime stamped. This shall be treated as acknowledgement ofthe proposal submission.. Any other system functionality18 Section I. Instructions to Bidders


shall be specified in the BDS.24. Withdrawal,Substitution, andModification ofBids24.1 A Bidder may withdraw, substitute, or modify its bid on the e-procurement system, in accordance with the process defined inthe BDS, no later than the date and time specifiedin theBDS.24.2 Deleted24.3 No bid may be withdrawn, substituted, or modified in theinterval between the deadline for submission of bids and theexpiration of the period of bid validity specified by theBidder on the Letter of Bid or any extension thereof.Modification/Withdrawl of the Bid sent through any othermeans shall not be considered by the Employer.25. Bid Opening 25.1 The Employer shall publicly open the bids as per electronicbid opening procedures and read out in accordance with ITB25.3 all bids received by the deadline, at the date, time andplace specified in the BDS, in the presence of Bidders`designated representatives and anyone who choose to attend.Specific electronic bid opening procedures shall be inaccordance with ITB 22.1, asspecified in the BDS.Bidderscan also view the bid opening by logging on to the e-procurement system.25.2 The withdrawn bid will not be available in the systemtherefore will not be read. Modification to the bid shall beopened and read out with the corresponding bid. Only bidsthat are opened and read out at bid opening shall beconsidered further.25.3 All other bidsshall be opened one at a time, reading out: thename of the Bidder and whether there is a modification; thetotal Bid Price, per lot (contract) if applicable, including anydiscounts and alternative bids; the presence or absence of abid security, if required; and any other details as theEmployer may consider appropriate. Only discounts andalternative bids read out at bid opening shall be consideredfor evaluation. The Employer shall neither discuss themerits of any bid nor reject any bid.25.4 The Employer shall prepare a record of the bid opening thatshall include, as a minimum: the name of the Bidder andwhether there is a withdrawal, substitution, or modification;the Bid Price, per lot (contract) if applicable, including anydiscounts and alternative bids; and the presence or absenceof a bid security, if one was required. The Bidders’representatives who are present in the office of the Employer19 Section I. Instructions to Bidders


to witness the bid opening shall be requested to sign therecord. The omission of a Bidder’s signature on the recordshall not invalidate the contents and effect of the record. Acopy of the record shall be made available on the e-procurement system..E. Evaluation and Comparison of Bids26. Confidentiality 26.1 Information relating to the evaluation of bids andrecommendation of contract award shall not be disclosed toBidders or any other persons not officially concerned withthe bidding process until information on Contract award iscommunicated to all Bidders in accordance with ITB 40.26.2 Any attempt by a Bidder to influence the Employer in theevaluation of the bids or Contract award decisions mayresult in the rejection of its bid.26.3 Notwithstanding ITB 26.2, from the time of bid opening tothe time of Contract award, if a Bidder wishes to contact theEmployer on any matter related to the bidding process, itshall do so in writing.27. Clarification ofBids27.1 To assist in the examination, evaluation, and comparison ofthe bids, and qualification of the Bidders, the Employer may,at its discretion, ask any Bidder for a clarification of its bid,given a reasonable time for a response. Any clarificationsubmitted by a Bidder that is not in response to a request bythe Employer shall not be considered. The Employer’srequest for clarification and the response shall be in writing.No change, including any voluntary increase or decrease, inthe prices or substance of the bid shall be sought, offered, orpermitted, except to confirm the correction of arithmeticerrors discovered by the Employer in the evaluation of thebids, in accordance with ITB 31.27.2 If a Bidder does not provide clarifications of its bid by thedate and time set in the Employer’s request for clarification,its bid may be rejected.28. Deviations,Reservations, andOmissions28.1 During the evaluation of bids, the following definitionsapply:(a) “Deviation” is a departure from the requirementsspecified in the Bidding Documents;(b) “Reservation” is the setting of limiting conditions orwithholding from complete acceptance of the20 Section I. Instructions to Bidders


equirements specified in the Bidding Documents; and(c) “Omission” is the failure to submit part or all of theinformation or documentation required in the BiddingDocuments.29. Determination ofResponsiveness29.1 The Employer’s determination of a bid’s responsiveness isto be based on the contents of the bid itself, as defined inITB11.29.2 A substantially responsive bid is one that meets therequirements of the Bidding Documents without materialdeviation, reservation, or omission. A material deviation,reservation, or omission is one that,(a) if accepted, would(i) affect in any substantial way the scope, quality, orperformance of the Works specified in theContract; or(ii) limit in any substantial way, inconsistent with theBidding Documents, the Employer’s rights or theBidder’s obligations under the proposed Contract; or(b) if rectified, would unfairly affect the competitiveposition of other Bidders presenting substantiallyresponsive bids.29.3 The Employer shall examine the technical aspects of the bidsubmitted in accordance with ITB 16, Technical Proposal, inparticular, to confirm that all requirements of Section VI,Works Requirements have been met without any materialdeviation, reservation or omission.29.4 If a bid is not substantially responsive to the requirements ofthe Bidding Documents, it shall be rejected by the Employerand may not subsequently be made responsive by correctionof the material deviation, reservation, or omission.30. NonmaterialNonconformities30.1 Provided that a bid is substantially responsive, the Employermay waive any nonconformities in the Bid.30.2 Provided that a bid is substantially responsive, the Employermay request that the Bidder submit the necessaryinformation or documentation, within a reasonable period oftime, to rectify nonmaterial nonconformities in the bidrelated to documentation requirements. Requestinginformation or documentation on such nonconformities shall21 Section I. Instructions to Bidders


not be related to any aspect of the price of the Bid. Failureof the Bidder to comply with the request may result in therejection of its Bid.30.3 Provided that a bid is substantially responsive, the Employershall rectify quantifiable nonmaterial nonconformitiesrelated to the Bid Price. To this effect, the Bid Price shall beadjusted, for comparison purposes only, to reflect the priceof a missing or non-conforming item or component.Theadjustment shall be made using the method specified inSection III, Evaluation and Qualification Criteria.31. Correction ofArithmeticalErrors31.1 Provided that the bid is substantially responsive, theEmployer shall correct arithmetical errors on the followingbasis:(a) the system automatically calculates the total amountfrom the unit rates and the quantities and the systemalso automoatically populates the amount in words fromthe amount in figures and therefore there will be noroom for discrepancy. ;31.2 Deleted32. Conversion toSingle Currency33. Margin ofPreference32.1 For evaluation and comparison purposes, the currency(ies)of the Bid shall be converted into a single currency asspecified in the BDS.33.1 Unless otherwise specified in theBDS, a margin ofpreference for domestic bidders 1 shall not apply.34. Subcontractors 34.1 Unless otherwise stated in theBDS, the Employer does notintend to execute any specific elements of the Works by subcontractorsselected in advance by the Employer.34.2 In case of Prequalification, the Bidder’s Bid shall name thesame specialized subcontractor as submitted in theprequalification application and approved by the Employer.34.3 In case of Postqualification,the Employer may permitsubcontracting for certain specialized works as indicated in1 An individual firm is considered a domestic bidder for purposes of the margin of preference if it is registered in the countryof the Employer or has more than 50 percent ownership by nationals of the country of the Employer, and if it does notsubcontract more than 10 percent of the contract price, excluding provisional sums, to foreign contractors. JVs areconsidered as domestic bidders and eligible for domestic preference only if the individual member firms are registeredin the country of the Employer or have more than 50 percent ownership by nationals of the country of the Employer,and the JV shall be registered in the country of the Borrower. The JV shall not subcontract more than 10 percent of thecontract price, excluding provisional sums, to foreign firms. JVs between foreign and national firms will not be eligiblefor domestic preference.22 Section I. Instructions to Bidders


Section III 4.2. When subcontracting is permitted by theEmployer, the specialized sub-contractor’s experience shallbe considered for evaluation. Section III describes thequalification criteria for sub-contractors.34.4Bidders may propose subcontracting up to the percentage oftotal value of contracts or the volume of works as specifiedin theBDS.35. Evaluation of Bids 35.1 The Employer shall use the criteria and methodologies listedin this Clause. No other evaluation criteria or methodologiesshall be permitted.35.2 To evaluate a bid, the Employer shall consider thefollowing:(a) the bid price, excluding Provisional Sums and theprovision, if any, for contingencies in the Summary Billof Quantities, but including Daywork items, wherepriced competitively;(b) price adjustment for correction of arithmetic errors inaccordance with ITB 31.1;(c) price adjustment due to discounts offered in accordancewith ITB 14.3;(d) converting the amount resulting from applying (a) to (c)above, if relevant, to a single currency in accordancewith ITB 32;(e) price adjustment due to quantifiable nonmaterialnonconformities in accordance with ITB 30.3;(f) the additional evaluation factors are specified in SectionIII, Evaluation and Qualification Criteria;35.3 The estimated effect of the price adjustment provisions ofthe Conditions of Contract, applied over the period ofexecution of the Contract, shall not be taken into account inbid evaluation.35.4 If these Bidding Documents allows Bidders to quoteseparate prices for different lots (contracts), themethodology to determine the lowest evaluated price of thelot (contract) combinations, including any discounts offeredin the Letter of Bid Form, is specified in Section III,23 Section I. Instructions to Bidders


Evaluation and Qualification Criteria.35.5 If the bid, which results in the lowest Evaluated Bid Price, isseriously unbalanced or front loaded in the opinion of theEmployer, the Employer may require the Bidder to producedetailed price analyses for any or all items of the Bill ofQuantities, to demonstrate the internal consistency of thoseprices with the construction methods and schedule proposed.After evaluation of the price analyses, taking intoconsideration the schedule of estimated Contract payments,theEmployermay require that the amount of the performancesecurity be increased at the expense of the Bidder to a levelsufficient to protect theEmployeragainstfinancial loss in theevent of default of the successful Bidder under the Contract.36. Comparison of Bids 36.1 The Employer shall compare the evaluated prices of allsubstantially responsive bids established in accordance withITB 35.2to determine the lowest evaluated bid.37. Qualification of theBidder37.1 The Employer shall determine to its satisfaction whether theBidder that is selected as having submitted the lowestevaluated and substantially responsive bid either continuesto meet (if prequalification applies) ormeets (ifpostqualification applies) the qualifying criteria specified inSection III, Evaluation and Qualification Criteria.37.2 The determination shall be based upon an examination of thedocumentary evidence of the Bidder’s qualificationssubmitted by the Bidder, pursuant to ITB 17.1.37.3 An affirmative determination shall be a prerequisite foraward of the Contract to the Bidder. A negativedetermination shall result in disqualification of the bid, inwhich event the Employer shall proceed to the next lowestevaluated bid to make a similar determination of thatBidder’s qualifications to perform satisfactorily.38. Employer’s Rightto Accept Any Bid,and to Reject Anyor All Bids38.1 The Employer reserves the right to accept or reject any bid,and to annul the bidding process and reject all bids at anytime prior to contract award, without thereby incurring anyliability to Bidders. In case of annulment, all bids submittedand specifically, bid securities, shall be promptly returned tothe Bidders.24 Section I. Instructions to Bidders


F. Award of Contract39. Award Criteria 39.1 Subject to ITB 38.1, the Employer shall award the Contractto the Bidder whose offer has been determined to be thelowest evaluated bid and is substantially responsive to theBidding Documents, provided further that the Bidder isdetermined to be qualified to perform the Contractsatisfactorily.40. Notification ofAward40.1 Prior to the expiration of the period of bid validity, theEmployer shall notify the successful Bidder, in writing, thatits bid has been accepted. The notification letter (hereinafterand in the Conditions of Contract and Contract Forms calledthe “Letter of Acceptance”) shall specify the sum that theEmployer will pay the Contractor in consideration of theexecution and completion of the Works (hereinafter and inthe Conditions of Contract and Contract Forms called “theContract Price”). At the same time, the Employer shall alsonotify all other Bidders of the results of the bidding on itsweb page and eportaland shall publish in UNDB online theresults identifying the bid and lot (contract) numbers and thefollowing information:(i) name of each Bidder who submitted a Bid;(ii) bid prices as read out at Bid Opening;(iii) name and evaluated prices of each Bid that was evaluated;(iv) name of bidders whose bids were rejected and the reasonsfor their rejection; and(v) name of the successfulBidder, and the Price it offered, aswell as the duration and summary scope of the contractawarded.40.2 Until a formal contract is prepared and executed, thenotification of award shall constitute a binding Contract.40.3 The Employer shall promptly respond in writing to anyunsuccessful Bidder who, after notification of award inaccordance with ITB 40.1, requests in writing the groundson which its bid was not selected.41. Signing of Contract 41.1 Promptly upon notification, the Employer shall send thesuccessful Bidder the Contract Agreement.41.2 Within twenty-eight (28) days of receipt of the Contract25 Section I. Instructions to Bidders


Agreement, the successful Bidder shall sign, date, and returnit to the Employer.42. PerformanceSecurity42.1 Within twenty-eight (28) days of the receipt of notificationof award from the Employer, the successful Bidder shallfurnish the performance security in accordance with theGeneral Conditions of Contract, subject to ITB 35.5, usingfor that purpose the Performance Security Form included inSection IX, Annex to the Particular Conditions - ContractForms, or another form acceptable to the Employer. If theperformance security furnished by the successful Bidder isin the form of a bond, it shall be issued by a bonding orinsurance company that has been determined by thesuccessful Bidder to be acceptable to the Employer. Aforeign institution providing a bond shall have acorrespondent financial institution located in the Employer’sCountry.42.2 Failure of the successful Bidder to submit the abovementionedPerformance Security or sign the Contract shallconstitute sufficient grounds for the annulment of the awardand forfeiture of the bid security. In that event the Employermay award the Contract to the next lowest evaluated Bidderwhose offer is substantially responsive and is determined bythe Employer to be qualified to perform the Contractsatisfactorily.26 Section I. Instructions to Bidders


Section II. Bid Data SheetITB 1.1ITB 1.1ITB 1.1ITB 2.1ITB 2.1ITB 2.1ITB 4.1A. IntroductionThe number of the Invitation for Bids is : 1/APMDP/ATP/2012-13The Employer is: The Commissioner, Ananthapur <strong>Municipal</strong> Corporation,Ananthapur , <strong>Andhra</strong> <strong>Pradesh</strong>, India.The name of the ICB is: Comprehensive Water Supply ServiceImprovements for Ananthapur <strong>Municipal</strong> Corporation – Package I.The identification numberof the ICB is: 1/APMDP/ATP/2012-13The number and identification of lots (contracts)comprising this ICB is:N.A.The Borrower is: Government of India.Loan or Financing Agreement amount: USD 300 MillionThe name of the <strong>Project</strong> is: <strong>Andhra</strong> <strong>Pradesh</strong> <strong>Municipal</strong> development <strong>Project</strong>.Maximum number of members in the JV shall be: 3(Three)Bids submitted by a joint venture of two or more firms as partners shallcomply with the following requirements1. the bid shall include all the information listed in biddersqualification forms for all the partners;2. the joint venture agreement should indicate precisely the role of allmembers of JV in respect of planning, design, constructionequipment, key personal, work execution and financing of theproject. All the members of JV should have active participation inexecution during the excecution of the contract. This should not bevaried / modified subsequently without prior approval of theemployer;“The nominated representative shall be from the lead partner of theJVA”ITB 4.4ITB 4.8ITB 6.3The electronic address of firms and individuals debarred by the Bank is:http://www.worldbank.org/debarr.This Bidding Process IS NOT subject to prequalification.Tender fee is required : No27 Section II. Bid Data Sheet


ITB 7.1ITB 7.4ITB 10.1ITB 11.1 (h)B. Bidding DocumentsClarification on bidding documents:1. The bidder can post queries/clarifications only between the ‘ClarificationStart date’ and ‘Clarification End Date’2. Once the bid is published on the e-procurement platform, the registeredbidders can post their clarification with the help of option menu“Clarification.” Option to attach a document for seeking clarification isalso available.3. The bidder must add his tender to the list of “My Tenders” to be able topost any clarification.4. After clarification is issued by the Employer , an auto generated email willbe sent to the bidder, only if the bidder has moved the bid to “MyTenders” list. The bidder can view the clarification in the ‘clarification’menu.For further details pl. refer ‘Bidders Manual KIT’ by logging intohttps://eprocure.gov.in/eprocure/appA Pre-Bid meeting will take place at the following date, time and place:Date: 11-12-2012Time: 11:00 HrsPlace: <strong>Municipal</strong> Office, Ananthapur <strong>Municipal</strong> CorporationAnanthapurA site visit conducted by the Employer will not be organized.C. Preparation of BidsThe language of the bid is: English.All correspondence exchange shall be in English language.Language for translation of supporting documents and printed literature isEnglish.The Bidder shall submit with its bid the following additional documents:In case of JV :“An undertaking by all the partners in case of a JV to satisfy requirementsof ITB cl. 4.1 (a) as provided in the Form-ELI-3 in Section-IV”ITB 13.1ITB 13.2ITB 13.4Omitted.Alternative times for completion will not be permitted.Alternative technical solutions shall be permitted for the following parts ofthe Works: Bidders wishing to offer technical alternatives in respect ofELSRs may submit them in accordance with clause 13.3 of ITB. Onlythe technical alternatives, if any, of the Successful Bidder conforming tothe basic technical requirements will be, and need not necessarily be,considered by the Employer subject to the following.a) The designs and processes shall be technically approved byE-in-C(PH)28 Section II. Bid Data Sheet


ITB 14.5ITB 14.7Omitted.b) The additional cost for modifications proposed afterapproval of designs, shall be borne by the contractorc) The proposed designs and processes shall be proven andexecuted in at least three places in India.Bidders may like to ascertain availability of excise/custom duty exemptionbenefits available in India to the contracts financed under World Bankloan/credits. They are solely responsible for obtaining such benefits whichthey have considered in their bid and in case of failure to receive suchbenefits for reasons whatsoever, the employer will not compensate thebidder (contractor). The bidder shall furnish along with his bid adeclaration to this effect in the Declaration Format provided in Section IVof the bidding documents.Where the bidder has quoted taking into account such benefits, he mustgive all information required for issue of certificates in terms of theGovernment of India Central Excise Notification and Customs Notificationas per form stipulated in section IV. In case the bidder has not provided therequired information or has indicated to be furnished later on in theDeclaration Format, the same shall be construed that thegoods/construction equipment for which certificate is required is Nil.To the extent the employer determines the quantities indicated therein arereasonable keeping in view the bill of quantities, work schedule,construction programme and methodology, the certificates will be issuedand no subsequent changes will be permitted. The certificate will be issuedwithin 60days of signing of the contract for material pertaining to BOQquantities, equipment and machinery. In case of materials pertaining toVariation items and quantities the certificate shall be issued only onrequest from the contractor when in need and duly certified by theEngineer and no subsequent changes will be permitted.If the bidder has considered the customs/excise duty exemption formaterials/construction equipment to be bought for the work, the biddershall confirm and certify that the Employer will not be required toundertake any responsibilities of the Government of India Scheme or thesaid exemptions being available during the contract execution, exceptissuing the required certificate.The bids which do not conform to the above provisions or any condition bythe bidder which makes the bid subject to availability of customs/exciseduty exemption for materials/construction equipment or compensation onwithdrawal of any variations to the said exemptions will be treated as nonresponsive and rejected.Any delay in procurement of the construction equipment /machinery/goodsas a result of the above shall not be entertained as a reason for granting anyextension of time.”29 Section II. Bid Data Sheet


ITB 15.1ITB 18.1ITB 18.3(a)ITB 18.3(b)ITB 19.1ITB 19.3 (d)ITB 20.1The currency(ies) of the bid and the payment currency(ies) shall be inaccordance with Alternative A as described below:Alternative A (Bidders to quote entirely in local currency):(a) The unit rates and the prices shall be quoted by the Bidder in the Billof Quantities, entirely in INR (Indian Rupee), the name of thecurrency of the Employer’s country,and further referred to as “thelocal currency”. A Bidder expecting to incur expenditures in othercurrencies for inputs to the Works supplied from outside theEmployer’s country (referred to as “the foreign currencyrequirements”) shall indicate in the Appendix to Bid - Table C, thepercentage(s) of the Bid Price (excluding Provisional Sums), neededby the Bidder for the payment of such foreign currency requirements,limited to no more than three foreign currencies.(b)The rates of exchange to be used by the Bidder in arriving at the localcurrency equivalent and the percentage(s) mentioned in (a) aboveshall be specified by the Bidder in the Appendix to Bid - Table C, andshall apply for all payments under the Contract so that no exchangerisk will be borne by the successful Bidder.The bid validity period shall be 120 days, excluding the day ofsubmission of bids.The bid price shall be adjusted by the following factor: N.A.The fixed portion of the bid price (i.e. 15% of BID Price) shall be adjustedfor each day of delay at the rate of 5% per AnnumA Bid Security shall be required.A Bid-Securing Declaration shall not be required.The amount and currency of the bid security shall be INR 11.70 Million orUSD 234,000.Other types of acceptable securities: NIL.The bidders are required to submit Original Bid Security in approvedform and Orginal Power of Attorney signing the bid as per provisions ofITB clause 20.1 to the <strong>Municipal</strong> Commissioner, Ananthapur<strong>Municipal</strong> Corporation, Ananthapur, <strong>Andhra</strong> <strong>Pradesh</strong>, INDIA on orbefore the date and time of opening of Bids, either by registered post or byhand, failing which the bids shall be declared non-responsive.(i) The above documents may be submitted in one envelope. Thebidders shall not write their names or addresses on this envelope.(ii) The number mentioned on acknowledgement of online submission ofthe bid by the bidder shall be mentioned on envelope containing thedocuments as detailed above.30 Section II. Bid Data Sheet


ITB 20.2ITB 22.1The written confirmation of authorization to sign on behalf of the Biddershall consist of: Power of Attorney clearly specifying and confirming thepowers of the nominated Representative to conduct all business during thebidding process and, in the event the contract is awarded, during thecontract execution.D. Submission and Opening of BidsThe deadline for bid submission is:Date: 11-1-2013Time: 17:00 HrsBidders have to submit their bids electronically.The bidding under this contract is electronic bid submission throughwebsite https://eprocure.gov.in/eprocure/app. Detail guidelines forviewing bids and submission of online bids are given on the website. TheInvitation for Bids under APMDP is published on this website. Any citizenor prospective bidder can logon to this website and view the Invitation forBids and can view the details of works for which bids are invited.The electronic bid submission procedure is described below:To participate in the bidding, the Bidder should enroll in the e-procurement Portal (CPPP) https://eprocure.gov.in/eprocure/app.1. Refer to ‘Bidders Manual KIT’ in the portal for enrollment. Aftersuccessful enrollment/registration, the choosen ‘Login ID’ andpassword are sent to registered mail ID of the Bidder.2. The bidder should have a valid Class-II(or above) DigtalSignature Certificate (DSC) with signing in certificate toparticipate in the bid. The DSC can be procured from thelicenced vendors approved by CCA by making an applicationalongwith required documents. The procedure for obtaining DSCby foreign bidders is given in "<strong>Download</strong>s" in the above site inthe table "GePNIC software related links" at Sno.13. The bidderis advised to install the prerequisite software viz., PDF Creator,PDF Reader, DSC driver, JRE for participating in the bid.3. Bidder shall logon to the Portal by entering Login ID andPassword. The DSC (Card/E-token) should then be connected tothe Computer. Secure by clicking on ‘Login’ and enter PINnumber. Then click on ‘Search Active Tenders’, with requiredkeyword. A message “Matched Found with number of tenderswill be displayed. By selecting the bid intending to participateand clicking on ’Save’ the bid will be added to ‘My Tenders.’Click on ‘View’ to get the details about the bid. <strong>Download</strong> all thedocuments from the “work Item Document” like BOQ, biddocument, drawings etc.,4. Collect and keep ready all the documents required forparticipating in bid as mentioned in the downloaded biddocument. Click on “Pay Offline” and select “I Agree” toparticipate in the BID. Enter Bid security details etc., By clicking31 Section II. Bid Data Sheet


on “Encrypt and Upload” a template with Folder Icon‘Free/Equal/Technical/Financial’ will be displayed. Bidder canthen upload Technical/Financial Bid Document.Note: i) The file name of the downloaded BOQ should not bechanged.ii) Special characters like blank space,!,@,#,$,%,^,&,*are not allowed as File name.5. After successfully uploading the required documents click on“Freeze the Bid Submission”. A unique Bid Id will be generatedas confirmation of bid submission. The Bid Id can be used bythe bidder for future reference.ITB 23.1ITB 24.1ITB 25.1For further details pl. refer ‘Bidders Manual KIT’ by logging intohttps://eprocure.gov.in/eprocure/appThe electronic bidding system would not allow any late submission ofbids after due date and time as per server time.The process of modification & withdrawal of bid:1. The bidder can withdraw/modify the bid submitted by himpreviously. However, if a bid is withdrawn, the bidder can’tparticipate in the bid again.2. After entering with the Login ID and Password, the bidder canmodify or resubmit the bid for any number of times till the lastdate of submission by clicking on the option “My bid”. The list oftenders which the bidder participated previously are displayed herewith the bid ID.3. Each Bid ID has a corresponding “Action” column containing thelist of icons for ‘Rebid Submission, EMD Resubmission, Tender FeeResubmission, Financial Bid Resubmission, Bid Withdrawal’ aredisplayed.4. After resubmission, the bidder will get an acknowledgment withRe-Bid Attempts Counter Number for that particular bid. As thebidder attempts further rebid submissions, the Re-Bid AttemptsCounter number goes on increasing.5. In Case of withdrawal of bid, the bidder need to click the“Withdraw Bid “Icon under “Action” column of respective bid IDin ‘My Bid’ Section. Once the bidder with draws the bid, he/shecannot participate in the bid again.For further details pl. refer ‘Bidders Manual KIT’ by logging intohttps://eprocure.gov.in/eprocure/appThe bid opening shall take place at:Street Address: Office of <strong>Municipal</strong> Corporation, AnanthapurCity : Ananthapur,<strong>Andhra</strong> <strong>Pradesh</strong>Country:INDIADate: 17-1-2013Time: 11:00 HrsThe Employer will open all the Bids received online including32 Section II. Bid Data Sheet


ITB 25.4modifications made pursuant to ITB clause 24, at the time and date andplace specified in BDS, and this could be viewed by bidders online. In theevent of the specified date of Bid opening being declared a holiday for theEmployer, the Bids will be opened at the appointed time and location onthe next working day.Employer shall open the bids online on the due date and time specifiedabove by logging into the e-procurement portal.1. After scrutiny and acceptance of bids, an auto generated email will besent to all the bidders participated in the bid.2. Also an auto generated elctronic summary of the bid openingcontaining bidders’ names, opening date, bid opener’s name and bidstatus is generated and can be viewed by the bidder.3. The bidder can further log in to his account and view the details of allthe bidders who participated in the bid.4. Employer shall also prepare minutes of the Bid opening, including theinformation disclosed in accordance with ITB Clause 25 and upload thesame for viewing online.E. Evaluation, and Comparison of BidsITB 32.1ITB 33.1ITB 34.1The currency that shall be used for bid evaluation and comparison purposes toconvert all bid prices expressed in various currencies into a single currency is:INR (Indian Rupees)The source of exchange rate shall be: BC selling rate of StateBank of India,Hyderabad Main BranchThe date for the exchange rate shall be: The last date for submission of bid.If this date happens to be closing day / holiday for State Bank of India (SBI)Hyderabad main Branch., then the exchange rates as applicable for the previousworking day shall be taken.The currency(ies) of the Bid shall be converted into a single currency inaccordance with the procedure under Alternative A that follows:Alternative A: Bidders quote entirely in local currencyFor comparison of bids, the Bid Price, corrected pursuant to Clause 31, shall firstbe broken down into the respective amounts payable in various currencies byusing the exchange rates specified by the bidder in accordance with Sub-Clause15.1.In the second step, the Employer will convert the amounts in various currencies inwhich the Bid Price is payable (excluding Provisional Sums but including Dayworkwhere priced competitively) to the single currency identified above at the sellingrates established for similar transactions by the authority specified and on the datestipulated above.Omitted.At this time the Employer does not intend to execute certain specific parts ofthe Works by sub-contractors selected in advance.33 Section II. Bid Data Sheet


ITB 34.4Option 2:a) In the case of Postqualification:Contractor’s proposed subcontracting: Maximum percentage of subcontractingpermitted is: 25% of the total contract amount.b) Bidders planning to subcontract more than 10% of total volume of work shallspecify, in the Bid Submission Form, the activity (ies) or parts of the works to besubcontracted along with complete details of the sub-contractors and theirqualification and experience. The qualification and experience of the sub-contractorsmust meet the minimum criteria for the relevant work to be sub-contracted failingwhich such sub-contractors will not be permitted to participate.c) Sub-contractors’ qualification and experience will not be considered for evaluationof the Bidder. The Bidder on its own (without taking into account the qualification andexperience of the sub-contractor) should meet the qualification criteria.34 Section II. Bid Data Sheet


Section III. Evaluation and Post QualificationCriteriaThis Section contains all the criteria that the Employer shall use to evaluate bids and qualifyBidders. In accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall beused. The Bidder shall provide all the information requested in the forms included in Section IV,Bidding Forms.Wherever a Bidder is required to state a monetary amount, Bidders should indicate the USDequivalent using the rate of exchange determined as follows:-For construction turnover or financial data required for each year - Exchange rateprevailing on the last day of the respective calendar year (in which the amounts for thatyear is to be converted) was originally established.-Value of single contract - Exchange rate prevailing on the date of the contract.Exchange rates shall be taken from the publicly available source identified in the ITB 32.1. Anyerror in determining the exchange rates in the Bid may be corrected by the Employer.35 Section II. Bid Data Sheet


1. Domestic Preference: (NOT APPLICABLE FOR THIS WORK)A margin of preference of 7.5% (seven and one-half percent) shall be granted to domesticcontractors, in accordance with, and subject to, the following provisions:(a)(b)Contractors applying for such preference shall provide, as part of the data forqualification, such information, including details of ownership, as shall be required todetermine whether, according to the classification established by the Borrower andaccepted by the Bank, a particular contractor or group of contractors qualifies for adomestic preference. The bidding documents shall clearly indicate the preference andthe method that will be followed in the evaluation and comparison of bids to giveeffect to such preference.After bids have been received and reviewed by the Borrower, responsive bids shall beclassified into the following groups:(i) Group A: bids offered by domestic contractors eligible for the preference.(ii) Group B: bids offered by other contractors.All evaluated bids in each group shall, as a first evaluation step, be compared to determinethe lowest bid, and the lowest evaluated bids in each group shall be further compared witheach other. If, as a result of this comparison, a bid from Group A is the lowest, it shall beselected for the award. If a bid from Group B is the lowest, as a second evaluation step, allbids from Group B shall then be further compared with the lowest evaluated bid from GroupA. For the purpose of this further comparison only, an amount equal to 7.5% (seven and onehalfpercent) of the respective bid price corrected for arithmetical errors, includingunconditional discounts and excluding provisional sums and the cost of day works, if any,shall be added to the evaluated price offered in each bid from Group B. If the bid from GroupA is the lowest, it shall be selected for award. If not, the lowest evaluated bid from Group Bbased on the first evaluation step shall be selected.2. EvaluationIn addition to the criteria listed in ITB 35.2 (a) – (e) the following criteria shall apply:2.1 Assessment of adequacy of Technical Proposal with Requirements“Evaluation of the Bidder’s Technical Proposal will include anassessment of the Bidder’s technical capacity to mobilize keyequipment and personnel for the contract consistent with its proposalregarding work methods, scheduling, and material sourcing insufficient detail and fully in accordance with the requirementsstipulated in Section VI (Employer’s Requirements).”2.2 Multiple Contracts: Not Applicable2.3 Alternative Completion Times: Not permitted36 Section III. Evaluation and Qualification Criteria (without prequalification)


2.4 Technical alternatives , if permitted under ITB 13.4, will be evaluated as follows:Only the technical alternatives in respect of ELSRs, if any, of the Successful Bidderconforming to the basic technical requirements will be, and need not necessarily be,considered by the Employer. The Technical Alternatives will be considered foradaptation subject to fulfillment of following criteria.a) The designs and processes shall be technically approved by E-in-C(PH)b) The additional cost for modifications proposed after approval of designs, shallbe borne by the contractorc) The proposed designs and processes shall be proven and executed in at leastthree places in India.Submission of Technical Alternatives by the successful bidder doesn’t bind theemployer to consider them. Irrespective of fulfilling the above criteria, adopting theTechnical Alternatives of the succseeful bidder will be at discretion of theemployer.2.5 Specialized Subcontractors(i)(ii)(iii)Only the specific experience of sub-contractors for specialized workspermitted by the Employer will be considered. The general experience andfinancial resources of the specialized sub-contractors shall not be added tothose of the Bidder for purposes of qualification of the Bidder.The specialized sub-contractors proposed shall be fully qualified for theirwork proposed, and meet the following criteria:For proposals for subcontracting components of the Works amounting to morethan 10 percent of the Contract Price, the bidder shall provide details of theactivities which he would be sub-contracting. The ceiling for sub contractor'sparticipation is 25% of total contract amount.The contractor or his identified sub-contractor should possess required validelectrical license for executing the building electrification works and shouldhave executed similar electrical works for a minimum amount equivalent to100% of the sub-contracted amount for the respective sub-contractor, in any oneyear, during the last three years.The contractor or his identified sub-contractor should possess required validlicense for executing the water supply/sanitary engineering works and shouldhave executed similar water supply/sanitary engineering works for a minimumamount equivalent to 100% of the sub-contracted amount for the respective subcontractor,in any one year, during the last three years.NOTE : [for each of the qualification and experience of the identified subcontractorin the relevant field should be annexed. No vertical splitting of workfor subcontracting is acceptable]37 Section III. Evaluation and Qualification Criteria (without prequalification)


3. QualificationEligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements1. Eligibility1.1 Nationality Nationality in accordance with ITB4.31.2 Conflict of Interest No conflicts of interest inaccordance with ITB 4.21.3 Bank Eligibility Not having been declared ineligibleby the Bank, as described inITB4.4, 4.5, 4.6 and 4.71.4 Government Owned Meets conditions of ITB 4.5Entity of theBorrower country1.5 United Nationsresolution orBorrower’s countrylawNot having been excluded as aresult of prohibition in theBorrower’s country laws or officialregulations against commercialrelations with the Bidder’s country,or by an act of compliance with UNSecurity Council resolution, both inaccordance with ITB 4.7 andSection V.Must meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementMust meetrequirementN/A Forms ELI –1.1 and 1.2,withattachmentsN/ALetter of BidN/ALetter of BidN/A Forms ELI –1.1 and 1.2,withattachmentsN/A Forms ELI –1.1 and 1.2,withattachments38 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements2. Historical Contract Non-Performance2.1 History of Non-PerformingContractsNon-performance of a contract 2 didnot occur as a result of contractordefault since 1 st April ,2010.Must meetrequirement 12Must meetrequirementsMust meet N/A Form CON-2requirement 32.2 Suspension Basedon Execution of BidSecuringDeclaration by theEmployer orwithdrawal of theBidwithin BidvalidityNot under suspension based onexecution of a Bid SecuringDeclaration pursuant to ITB4.6 orwithdrawal of the Bid pursuant ITB19.9.2.3 Pending Litigation Bidder’s financial position andprospective long term profitabilitysound according to criteriaestablished in 3.1 below andassuming that all pending litigationwill be resolved against the BidderMust meetrequirementMust meetrequirementMust meetrequirementN/AMust meetrequirementMust meetrequirementN/ABidSubmissionFormN/A Form CON – 22 Non performance, as decided by the Employer, shall include all contracts where (a) nonperformance was not challenged by the contractor, including throughreferral to the dispute resolution mechanism under the respective contract, and (b) contracts that were so challenged but fully settled against the contractor.Non performance shall not include contracts where Employers decision was overruled by the dispute resolution mechanism. Non performance must be basedon all information on fully settled disputes or litigation, i.e. dispute or litigation that has been resolved in accordance with the dispute resolution mechanismunder the respective contract and where all appeal instances available to the Bidder have been exhausted.3 This requirement also applies to contracts executed by the Bidder as JV member.39 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements2.4 Litigation History No consistent history ofcourt/arbitral award decisionsagainst the Bidder 4 since 1 stApril,2010.Must meetrequirementMust meetrequirementMust meetrequirementN/A Form CON – 24The Bidder shall provide accurate information on the letter of Bid about any litigation or arbitration resulting from contracts completed or ongoing under itsexecution over the last five years. A consistent history of court/arbitral awards against the Bidder or any member of a joint venture may result indisqualifying the Bidder.40 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements3. Financial Situation and Performance3.1 FinancialCapabilities(i) The Bidder shall demonstratethat it has access to, or hasavailable, liquid assets,unencumbered real assets, lines ofcredit, and other financial means(independent of any contractualadvance payment) sufficient tomeet the construction cash flowrequirements estimated as USD$3.0 Million or INR.146 Million forthe subject contract(s) net of theBidders other commitmentsMust meetrequirementMust meetrequirementN/AMust meet Fifty percent(50%) of therequirementForm FIN –3.1, withattachments(ii) The Bidders shall alsodemonstrate, to the satisfaction ofthe Employer, that it has adequatesources of finance to meet the cashflow requirements on workscurrently in progress and for futurecontract commitments.Must meetrequirementMust meetrequirementN/AN/A(iii) The audited balance sheets or,if not required by the laws of theBidder’s country, other financialstatements acceptable to theEmployer, for the last FIVE (5)years (2011-2012,2010-2011, 2009-2010, 2008-2009, 2007-2008) shallbe submitted and must demonstratethe current soundness of theBidder’s financial position andMust meetrequirementN/AMust meetrequirementN/A41 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirementsindicate its prospective long-termprofitability.As a minimum, a Bidder’s networth calculated as thedifference between total assetsand total liabilities should bepositive.3.2 Average AnnualConstructionTurnoverMinimum average annualconstruction turnover of US$ 23.37Million or INR.1168.66 Million,calculated as total certifiedpayments received for contracts inprogress and/or completed withinthe last 5 years.Must meetrequirementMust meetrequirementMust meet25% (TwentyFive), of therequirementMust meet 50% (Fifty),of the requirementForm FIN –3.242 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements4. Experience4.1 General(a) ConstructionExperience4.2(a)SpecificConstruction &ContractManagementExperienceExperience under constructioncontracts in the role of primecontractor, JV member, subcontractor,or managementcontractor for at least the last FIVE(5) years prior to the bid submissiondeadline, and with activity in atleast (9) nine months in eachyear.(i) A minimum number of similar 5contracts specified below that havebeen satisfactorily andsubstantially 6 completed as a primecontractor, joint venture member 7 ,management contractor or subcontractor7 between 1st April, 2007and application submissiondeadline:Must meetrequirementMust meetrequirementN/AMust meetrequirementN/A Form EXP –4.1Must meet N/A Must have completed atrequirement 8 least one contract ofminimum value ‘V’Form EXP4.2(a)5678The similarity shall be based on the physical size, complexity, methods/technology and/or other characteristics described in Section VII, Work’sRequirements. Summation of number of small value contracts (less than the value specified under requirement) to meet the overall requirement will not beaccepted.Substantial completion shall be based on 80% or more works completed under the contract.For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, shall be considered to meetthis requirement.In the case of JV, the value of contracts completed by its members shall not be aggregated to determine whether the requirement of the minimum value of asingle contract has been met. Instead, each contract performed by each member shall satisfy the minimum value of a single contract as required for singleentity. In determining whether the JV meets the requirement of total number of contracts, only the number of contracts completed by all members each ofvalue equal or more than the minimum value required shall be aggregated.43 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements(i) N contracts, each of minimumvalue V;Or(ii) Less than or equal to Ncontracts, each of minimum valueV, but with total value of allcontracts equal or more than N x V;N=3 & V=INR.310Million4.2(b)Water supply projectscomprising of ELSRs, WaterConveying Mains andDistribution Pipelines shall beconsidered as similar <strong>Project</strong>s.For the above and any othercontracts completed and underimplementation as prime contractor,joint venture member,management contractor or subcontractor9 on or after 1 st April, 2007in any one financial year during theperiod stipulated in 4.2 (a) above, aminimum construction experience inthe following key activitiessuccessfully completed 10 :Must meetrequirementsMust meetrequirementsMust meetrequirementin full for atleast one ofthe keyactivities orMust meetrequirementTwenty FivepercentMust meetrequirement in full forat least one of the keyactivities or Mustmeet requirementFifty percent (50%) ofall the key activitiesForm EXP –4.2 (b)910For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share shall be counted to meet thisrequirement.Volume, number or rate of production of any key activity can be demonstrated in one or more contracts combined if executed during same time period. Therate of production shall be the annual production rate for the key construction activity (or activities).44 Section III. Evaluation and Qualification Criteria (without prequalification)


Eligibility and Qualification Criteria Compliance Requirements DocumentationNo. Subject Requirement Single EntityJoint Venture (existing or intended)All Parties Each Member Lead PartnerSubmissionCombinedrequirements1. Construction of ELSRs of total(25%) of allcapacity 3700 KL, each ELSRthe keywith a minimum capacity of 600activitiesKL2.Supply, delivery, laying andjointing of DI pipes with minimumdia of 100 mm for a length of 132km45 Section III. Evaluation and Qualification Criteria (without prequalification)


3.5 PersonnelThe Bidder must demonstrate that it has the personnel for the key positions that meetthe following requirements:No.PositionTotalWorkExperience(years)ExperienceIn SimilarWorks(years)EducationalQualifications1 <strong>Project</strong> Manager - 1 10 5 Graduate/Post Graduate inCivil Engineering2 <strong>Project</strong> Engineers – 3(a) Planning Engineer-1(b) Quality controlEngineer- 1(c) Sr SupervisingEngineer - 1555333Graduates in CivilEngineering3 Supervisors – 4 5 3 Diploma in CivilEngineering4 Safety Officer – 1 5 3 Diploma in CivilEngineering with Diplomain Industrial safety/ firesafety5 EnvironmentalEngineer -15 3 Graduate/Post Graduate inCivil/EnvironmentalEngineering/EnvironmentalScienceThe Bidder shall provide details of the proposed personnel and their experiencerecords using Forms PER-1 and PER-2included in Section IV, Bidding Forms.3.6EquipmentThe Bidder must demonstrate that it has the key equipment listed hereafter:No.12Equipment Type and CharacteristicsCranes -10MT truck mountedMinimum Lift Momentum – 25 TMPower Recommended – 28-30 KWSlewing angle – All rotationsLifting Height – 14 mInstallation space – 1150-1200 mmWorking Radius – 12mExcavator cum Loaders-track and tyremounted.Minimum capacity of loader bucket andexcavator bucket 1.00 cu.m and 0.24 cu.mrespectively. The equipement should not have runmore than 3000 hours of operation or 3 years vintage,whichever is less.Minimum Numberrequired2 Nos2 Nos46 Section III. Evaluation and Qualification Criteria (without prequalification)


3Dumper/Tippers:Minimum capacity - 14 cum8 Nos4Welding Machines:230V Single Phase and 400V Three phase continuousrating with 60% duty cycle, Open circuit voltage up to55, Operating arc-voltage not more than 30 V,2 NosWelding current range: 150-240 A, Switch–fuserecommended 80/100 A5Concrete Mixer and vibrators:Standard on site concrete mixers/truck mixers shallbe capable of combining aggregate, cement and water(and admixtures, if any) into a uniform mixture withinthe specified mixing time/number of revolutions andshall be capable of discharging concrete withoutsegregating the mixture.6 SetsVibrators shall be with frequencies of vibration of aminimum of 8000 cycles or impulses per minute underload, and with adequate amplitude to consolidate theconcrete. It can enter the forms and operate aroundthe reinforcing bars.Dewatering pump with accessories:Durable cast iron cover, base, and pump housing.6Non-clogging bronze vortex impeller design.Passes 20 mm spherical solids. Not effected by4 Nosmaterials normally found in drainage and sewagesumps. No screens to clog.7Concrete pumps:It will be truck mounted withBoom :Vertical Reach31.6m, Horizontal Reach 28m,Upholding Height 7.53mGeneral :Pipeline Diameter 125mm,3 NosPump :Output Rod Side 125m 3 /hr,Hopper Capacity 650LVolume Control 0 to fullMaximum Aggregate size 20 mm8Generating Sets25/50/100 KVA Trailer mounted for portable operations2 Nos9 Pipe and Cable Locators 2 Nos10 Total station Survey Equipment 1 No11 Auto Level 1 No12Water Tankers5/10KL Truck mounted2 NosThe Bidder shall provide further details of proposed items of equipment usingForm EQU in Section IV, Bidding Forms.47 Section III. Evaluation and Qualification Criteria (without prequalification)


3.7 Bid capacityBidders who meet the minimum qualification criteria in factors / sub factors 2.1 to 2.6above will be qualified only if their available bid capacity is more than the bid valueof the works. The available bid capacity will be calculated as under;Assessed available bid capacity = (A*N*1.5 – B) whereA = Maximum value of works executed in any one (1) year during the last five (5) yearsviz 2007-08 to 2011-12 by the bidder or sum of the maximum value of works executedin any one (1) year during the said five (5) years by each of the JV partners which willtake into account the completed as well as works in progress updated to 2011-12 pricelevel*.B = Value at 2011-12* price level of the existing commitments and on-going works to becompleted by the bidder or sum of the value at 2011-12* price level of the existingcommitments and on going works to be completed by each of the JV partner during thenext Thirty Six (36) months. The bidder shall provide these details in Form FIN – 4stipulated in Section IV.N = Number of years prescribed for completion of the works for which the bids are invited.* Cost of works of previous years shall be given weightage of 8% per year based on rupeevalue to bring them to 2011-12 price level.48 Section III. Evaluation and Qualification Criteria (without prequalification)


Section IV. Bidding FormsTable of FormsLetter of Bid............................................................................................................................50Appendix to Bid.......................................................................... Error! Bookmark not defined.Table A. Local Currency.............................................................................................53Table B. Foreign Currency (FC) .................................................................................55Table C. Summary of Payment Currencies.................................................................57Bill of Quantities ....................................................................................................................58Technical Proposal .................................................................................................................59Site Organization .........................................................................................................60Method Statement ........................................................................................................61Mobilization Schedule .................................................................................................62Construction ScheduleForm EQU: Equipment ............................................................63Form EQU: Equipment ................................................................................................64Personnel .................................................................................................................................65Form PER-1: Proposed Personnel ...............................................................................65Form PER-2: Resume of Proposed Personnel .............................................................66Bidders Qualification following Prequalification ...............................................................68Bidders Qualification without prequalification ..................................................................68Form FIN – 3.3: Financial Resources ..........................................................................76Form FIN – 3.4: Current Contract Commitments / Works in Progress .......................77Form of Bid Security .............................................................................................................8449


Letter of BidTo: The Commissioner,Ananthapur <strong>Municipal</strong> Corporation,Ananthapur, <strong>Andhra</strong> <strong>Pradesh</strong>,IndiaDate:ICB No.:Invitation for Bid No.:We, the undersigned, declare that:(a) We have examined and have no reservations to the Bidding Documents, includingAddenda issued in accordance with Instructions to Bidders (ITB8) ;(b) We meet the eligibility requerements and have no conflict of interest in accordance withITB 4;(c) We have not been suspended nor declared ineligible by the Employer based on executionof a Bid Securing Declaration in the Employer’s country in accordance with ITB 4.6(d) We offer to execute in conformity with the Bidding Documents the following Works:;(e) The total price of our Bid, excluding any discounts offered in item (f) below is:In case of only one lot, total price of the BidIn case of multiple lots, total price of each lot_____________________________________In case of multiple lots, total price of all lots(sum of all lots)_____________________;(f) The discounts offered and the methodology for their application are:i)The discounts offered are: ___________________________________________ii)The exact method of calculations to determine the net price after application ofdiscounts is shown below:(g) Our bid shall be valid for a period of _________________ days from the date fixed forthe bid submission deadline in accordance with the Bidding Documents, and it shall50 Section III. Evaluation and Qualification Criteria (without prequalification);


emain binding upon us and may be accepted at any time before the expiration of thatperiod;(h) If our bid is accepted, we commit to obtain a performance security in accordance withthe Bidding Documents;(i) Weare not participating, as a Bidder or as a subcontractor, in more than one bid in thisbidding process in accordance with ITB 4.2(e), other than alternative bids submitted inaccordance with ITB13;(j) We, including any of our subcontractors or suppliers for any part of the contract,havenot been declared ineligible by the Bank,under the Employer’s country laws or officialregulations or by an act of compliance with a decision of the United Nations SecurityCouncil;(k) We are not a government owned entity/ We are a government owned entity but meet therequirements of ITB4.5; 11(l) We have paid, or will pay the following commissions, gratuities, or fees with respect tothe bidding process or execution of the Contract:Name of Recipient Address Reason Amount(If none has been paid or is to be paid, indicate “none.”)(m) We understand that this bid, together with your written acceptance thereof included inyour notification of award, shall constitute a binding contract between us, until a formalcontract is prepared and executed; and(n) We understand that you are not bound to accept the lowest evaluated bid or any otherbid that you may receive.(o) We hereby certify that we have taken steps to ensure that no person acting for usor on our behalf will engage in any type of fraud and corruptionName of the Bidder*Name of the person duly authorized to sign the Bid on behalf of the Bidder**Title of the person signing the Bid11 Bidder to use as appropriate51 Section III. Evaluation and Qualification Criteria (without prequalification)


Signature of the person named aboveDate signed ________________________________ day of _______________________,_____*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture asBidder**: Person signing the Bid shall have the power of attorney given by the Bidder to beattached with the Bid52 Section III. Evaluation and Qualification Criteria (without prequalification)


Appendix to BidSchedule of Adjustment DataPursuant to ITB Clause 14.5 in Tables A and C, below, the Bidder shall (a) indicateits amount of local currency payment (b) derive its proposed weightings for localcurrency payment. The indices are provided by the Employer.Table A. Local CurrencyIndexcode*Indexdescription1 NonadjustableSource of index*2 Labour Consumer priceindex for industrialworkers forHyderabad aspublished by LabourBureau, Ministry ofLabour, GOI3 Steel All India Whole saleprice indexfor steel rods aspublished by theEconomic Advisor tothe Government ofIndia, Ministry ofCommerce &Industry.4 Cement All India Wholesale price index forgrey cement aspublished by theEconomic Advisorto the Govt. of India,Ministry ofCommerce andIndustry.-Basevalueand date*Bidder’srelatedcurrencyamountcoefficientBidder’sproposedweighting— (a) a1 : 0.15(b) b1:(c) c1:(d) d1:53 Section III. Evaluation and Qualification Criteria (without prequalification)


5 Pig Iron All India Whole saleprice index for pigiron as published bythe EconomicAdvisor to the Govt.of India, Ministry ofCommerce andIndustry.6 ConstructionMachinery7 Fuel andLubricants(POL)8 Other LocalMaterialsWhole sale priceindex forconstructionmachinery aspublished by theEconomic Advisorto the Govt. of India,Ministry ofCommerce andIndustryOfficial retail priceof HSD at IOCConsumer pumpdepot in GuntakalAll India Whole saleprice index (allcommodities) aspublished by theEconomic Advisorto the Govt. of India,Ministry ofCommerce andIndustry(e) e1:(f) f1:(g) g1:(h) h1:Total 1.00* These details will be entered by the Employer at the time of signing of agreementbased on values as on 28 days prior to the deadline for submission of bid.54 Section III. Evaluation and Qualification Criteria (without prequalification)


Table B. Foreign Currency (FC)State type: ....................... [If the Bidder is allowed to receive payment in foreigncurrencies this table shall be used. If Bidder wishes to quote in more than oneforeign currency (up to three currencies permitted) then this table should berepeated for each foreign currency.]Indexcode*Indexdescription1 NonadjustableSource of index*2 Labour Consumer price indexfor industrial workersfor Hyderabad aspublished by LabourBureau, Ministry ofLabour, GOI3 Steel All India Whole saleprice index for steelrods as published bythe Economic Advisorto the Government ofIndia, Ministry ofCommerce & Industry.4 Cement All India Whole saleprice index for greycement as published bythe Economic Advisorto the Govt. of India,Ministry of Commerceand Industry.5 Pig Iron All India Whole saleprice index for pig ironas published by theEconomic Advisor tothe Govt. of India,Ministry of Commerceand Industry.-Basevalueand date*Bidder’srelatedsourcecurrencyintype/amountEquivalentinFC1Bidder’sproposedweighting— A : 0.15BCDE55 Section III. Evaluation and Qualification Criteria (without prequalification)


6 ConstructionMachinery7 Fuel andLubricants(POL)8 OtherLocalMaterialsWhole sale price indexfor constructionmachinery as publishedby the EconomicAdvisor to the Govt. ofIndia, Ministry ofCommerce andIndustryOfficial retail price ofHSD at IOC Consumerpump depot inGuntakalAll India Whole saleprice index (allcommodities) aspublished by theEconomic Advisor tothe Govt. of India,Ministry of Commerceand IndustryFGHTotal 1.001. Whereas “A” should a fixed percentage, B, C, D , E , F, G, H & I should specify arange of values and the Bidder will be required to specify a value within the rangesuch that the total weighting = 1.002. The foreign bidder shall mention the source of index and other data in theabove table56 Section III. Evaluation and Qualification Criteria (without prequalification)


Table C. Summary of Payment CurrenciesTable: Alternative AFor ………………………..[insert name of Section of the Works]Name ofpaymentcurrencyAAmount ofcurrencyBRate ofexchange(localcurrency perunit offoreign)Local currency 1.00CLocal currencyequivalentC = A x BDPercentage ofTotal Bid Price(TBP)100xCTBPForeigncurrency #1Foreigncurrency #2Foreigncurrency #3Total Bid Price 100.00Provisionalsums expressedin localcurrencyINR 22 millionINR 22 millionTOTAL BIDPRICE(includingprovisionalsum)57 Section III. Evaluation and Qualification Criteria (without prequalification)


Bill of Quantities(Attached as Separate Excel Sheet)58 Section III. Evaluation and Qualification Criteria (without prequalification)


Technical Proposal- Site Organization- Method Statement- Mobilization Schedule- Construction Schedule- Equipment- Others59 Section III. Evaluation and Qualification Criteria (without prequalification)


SiteOrganization60 Section III. Evaluation and Qualification Criteria (without prequalification)


MethodStatement61 Section III. Evaluation and Qualification Criteria (without prequalification)


Mobilization Schedule62 Section III. Evaluation and Qualification Criteria (without prequalification)


Construction Schedule63 Section III. Evaluation and Qualification Criteria (without prequalification)


Form EQU: EquipmentThe Bidder shall provide adequate information to demonstrate clearly that it has the capabilityto meet the requirements for the key equipment listed in Section III, Evaluation andQualification Criteria. A separate Form shall be prepared for each item of equipment listed, orfor alternative equipment proposed by the Bidder.Item of equipmentEquipmentinformationName of manufacturerCapacityModel and power ratingYear of manufactureCurrentstatusCurrent locationDetails of current commitmentsSourceIndicate source of the equipment Owned Rented Leased Specially manufacturedOmit the following information for equipment owned by the Bidder.OwnerName of ownerAddress of ownerAgreementsTelephoneContact name and titleFaxTelexDetails of rental / lease / manufacture agreements specific to the project64 Section III. Evaluation and Qualification Criteria (without prequalification)


PersonnelForm PER-1: ProposedPersonnelBidders should provide the names of suitably qualified personnel to meet the specifiedrequirements stated in Section III. The data on their experience should be supplied using theForm below for each candidate.1. Title of position*Name2. Title of position*Name3. Title of position*Name4. Title of position*Name*As listed in Section III.65 Section III. Evaluation and Qualification Criteria (without prequalification)


Form PER-2: Resume of Proposed PersonnelName of BidderPositionPersonnelinformationNameProfessional qualificationsDate of birthPresentemploymentName of employerAddress of employerTelephone Contact (manager / personnelofficer)FaxE-mailJob titleYears with present employer66 Section III. Evaluation and Qualification Criteria (without prequalification)


Summarize professional experience over the last 20 years, in reverse chronological order.Indicate particular technical and managerial experience relevant to the project.From To Company / <strong>Project</strong> / Position / Relevant technical and managementexperience67 Section III. Evaluation and Qualification Criteria (without prequalification)


Bidders Qualification without prequalificationTo establish its qualifications to perform the contract in accordance with Section III(Evaluation and Qualification Criteria) the Bidder shall provide the informationrequested in the corresponding Information Sheets included hereunder.68 Section III. Evaluation and Qualification Criteria (without prequalification)


Form ELI -1.1Bidder Information FormDate: _________________ICB No. and title: _________________Page__________of _______________pagesBidder's nameIn case of Joint Venture (JV), name of each member:Bidder's actual or intended country of registration:[indicate country of Constitution]Bidder's actual or intended year of incorporation:Bidder's legal address [in country of registration]:Bidder's authorized representative informationName: _____________________________________Address: ___________________________________Telephone/Fax numbers: _______________________E-mail address: ______________________________1. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/ordocuments of registration ofthe legal entity named above, in accordance with ITB 4.3. In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1. In case of Government-owned enterprise or institution, in accordance with ITB4.5documents establishing:• Legal and financial autonomy• Operation under commercial law• Establishing that the Bidder is not dependent agency of the Employer2. Included are the organizational chart, a list of Board of Directors, and the beneficialownership.69 Section III. Evaluation and Qualification Criteria (without prequalification)


Form ELI -1.2Bidder's Party Information FormDate: _______________ICB No. and title: __________________Page _______________of ____________pagesBidder’s name:Bidder's Party name:Bidder's Party country of registration:Bidder Party's year of constitution:Bidder Party's legal address in country of constitution:Bidder Party's authorized representative informationName: ____________________________________Address: __________________________________Telephone/Fax numbers: _____________________E-mail address: _____________________________1. Attached are copies of original documents of Articles of Incorporation (or equivalent documents of constitution or association), and/orregistrationdocuments of thelegal entity named above, in accordance with ITB 4.3.In case of a Government-owned enterprise or institution, documents establishing legal and financialautonomy, operation in accordance with commercial law, and absence of dependent status, inaccordance with ITB 4.5.2. Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.70 Section III. Evaluation and Qualification Criteria (without prequalification)


Form CON – 2Historical Contract Non-Performance, Pending Litigationand Litigation HistoryBidder’s Name: ________________Date: ______________________Joint Venture Party Name_________________________ICB No. and title: ___________________________Page _______________of ______________pagesNon-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria Contract non-performance did not occur since 1 st January [insert year]specified in Section III,Evaluation and Qualification Criteria, Sub-Factor 2.1. Contract(s) not performed since 1 st January [insert year] specified in Section III, Evaluation andQualification Criteria, requirement 2.1Year[insertyear]Nonperformedportion ofcontractContract IdentificationTotal ContractAmount (currentvalue, currency,exchange rateand US$equivalent)[insert amount Contract Identification: [indicate complete contract [insert amount]and percentage] name/ number, and any other identification]Name of Employer: [insert full name]Address of Employer: [insert street/city/country]Reason(s) for non performance: [indicate mainreason(s)]Pending Litigation, in accordance with Section III, Qualification Criteria and Requirements No pending litigation in accordance with Section III, Qualification Criteria and Requirements,Sub-Factor 2.3. Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-Factor 2.3 as indicated below.71 Section III. Evaluation and Qualification Criteria (without prequalification)


Year ofdisputeAmount indispute(currency)Contract IdentificationContract Identification: _________Name of Employer: ____________Address of Employer: __________Matter in dispute: ______________Party who initiated the dispute: ____TotalContractAmount(currency),USDEquivalent(exchangerate)Status of dispute: ___________ No pending litigation in accordance with Section III, Evaluation and QualificationCriteria, Sub-Factor 2.3. Pending litigation in accordance with Section III, Evaluation and Qualification Criteria,Sub-Factor 2.3 as indicated below.Year ofContract IdentificationawardOutcome aspercentage of NetWorthContract Identification:Name of Employer:Address of Employer:Matter in dispute:Party who initiated the dispute:Status of dispute:TotalContractAmount(currency),USDEquivalent(exchangerate)72 Section III. Evaluation and Qualification Criteria (without prequalification)


Form FIN – 3.1Financial Situation and PerformanceBidder’s Name:Date:Bidder’s Party Name:ICB No. and title:Page ______________of _______________pages1. Financial dataType of Financial informationin(currency)Historic information for previous _________years,______________(amount in currency, currency, exchange rate*, USDequivalent)Year 1 Year 2 Year 3 Year4 Year 5Statement of Financial Position (Information from Balance Sheet)Total Assets (TA)Total Liabilities (TL)Total Equity/Net Worth (NW)CurrentAssets (CA)CurrentLiabilities (CL)Working Capital (WC)Total Revenue (TR)Information from Income StatementProfits Before Taxes (PBT)Cash Flow from OperatingActivitiesCash Flow Information73 Section III. Evaluation and Qualification Criteria (without prequalification)


*Refer to ITB 15 for the exchange rate2. Sources of FinanceSpecify sources of finance to meet the cash flow requirements on works currently inprogress and for future contract commitments.No. Source of finance Amount (US$ equivalent)1232. Financial documentsThe Bidder and its parties shall provide copies of financial statements for ___________yearspursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.1. The financialstatements shall:(a) reflect the financial situation of the Bidder or in case of JV member , and not anaffiliated entity (such as parent company or group member).(b) be independently audited or certified in accordance with local legislation.(c) be complete, including all notes to the financial statements.(d) correspond to accounting periods already completed and audited. Attached are copies of financial statements 12 for the ____________years required above; andcomplying with the requirements12If the most recent set of financial statements is for a period earlier than 12 months from the date of bid, thereason for this should be justified.74 Section III. Evaluation and Qualification Criteria (without prequalification)


Form FIN - 3.2Average Annual Construction TurnoverBidder's/Joint Venture Member's Name: ________________Date: ___________________________Bidder's Party Name: _______________________ICB No. and title: ___________________________Page ______________of ________________pagesAnnual turnover data (construction only)YearAmountExchange rateUSD equivalentCurrency[indicateyear][insert amount and indicatecurrency]AverageAnnualConstructionTurnover ** See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2.75 Section III. Evaluation and Qualification Criteria (without prequalification)


Form FIN – 3.3: Financial ResourcesSpecify proposed sources of financing, such as liquid assets, unencumbered real assets, linesof credit, and other financial means, net of current commitments, available to meet the totalconstruction cash flow demands of the subject contract or contracts as specified in Section III(Evaluation and Qualification Criteria)Financial ResourcesNo. Source of financing Amount (US$ equivalent)12376 Section III. Evaluation and Qualification Criteria (without prequalification)


Form FIN – 3.4: Current Contract Commitments / Works in ProgressBidders and each member to a JV should provide information on their current commitmentson all contracts that have been awarded, or for which a letter of intent or acceptance has beenreceived, or for contracts approaching completion, but for which an unqualified, fullcompletion certificate has yet to be issued.Current Contract CommitmentsNo.Name of ContractEmployer’sContact Address, Tel,FaxValue ofOutstandingWork[Current US$Equivalent]EstimatedCompletionDateAverage MonthlyInvoicing Over LastSix Months[US$/month)]1234577 Section III. Evaluation and Qualification Criteria (without prequalification)


Form EXP - 4.1General Construction ExperienceBidder's/Joint Venture Member's Name: _______________Date: ______________________Bidder JV Party Name: ___________________ICB No. and title: ______________________Page _________________of ____________________pagesStartingYearEndingYearContract IdentificationRole ofBidderContract name: ____________________Brief Description of the Works performed by theBidder: _____________________________Amount of contract: ___________________Name of Employer: ____________________Address: _____________________________Contract name: _________________________Brief Description of the Works performed by theBidder: _____________________________Amount of contract: ___________________Name of Employer: ___________________Address: _________________________Contract name: ________________________Brief Description of the Works performed by theBidder: __________________________Amount of contract: ___________________Name of Employer: ___________________Address: _________________________78 Section III. Evaluation and Qualification Criteria (without prequalification)


Form EXP - 4.2(a)Specific Construction and ContractManagementExperienceBidder's/Joint Venture Member's Name: __________________Date: ____________________JV Party Name: ____________________ICB No. and title: ___________________Page _______of _______pagesSimilar Contract No.InformationContract IdentificationAward dateCompletion dateRole in ContractPrimeContractorMember inJVManagementContractorSubcontractorTotal Contract Amount US$ *If member in a JV or subcontractor,specify participation intotal Contract amountEmployer's Name:Address:*Telephone/fax numberE-mail:79 Section III. Evaluation and Qualification Criteria (without prequalification)


Form EXP - 4.2(a) (cont.)Specific Construction and Contract ManagementExperience (cont.)Similar Contract No.Description of the similarity inaccordance with Sub-Factor 4.2(a)of Section III:1. Amount2. Physical size of required worksitems3. Complexity4. Methods/TechnologyInformation5. Construction rate for keyactivities6. Other Characteristics80 Section III. Evaluation and Qualification Criteria (without prequalification)


Form EXP - 4.2(b)Construction Experience in Key ActivitiesBidder's Name: ________________Date: ___________________Bidder's Party Name: __________________Sub-contractor's Name 13 (as per ITB 34.2 and 34.3): ________________ICB No. and title: _____________________Page __________________of ________________pagesAll Sub-contractors for key activities must complete the information in this form as perITB34.2 and 34.3 and Section III, Qualification Criteria and Requirements, Sub-Factor 4.2.1. Key Activity No One: ________________________InformationContract IdentificationAward dateCompletion dateRole in ContractPrimeContractorMember inJVManagementContractorSubcontractorTotal Contract AmountUS$Quantity (Volume, number or rate ofproduction, as applicable) performedunder the contract per year or part of theyearTotal quantity inthe contract(i)Percentageparticipation(ii)ActualQuantityPerformed(i) x (ii)Year 1Year 2Year 3Year 413 If applicable81 Section III. Evaluation and Qualification Criteria (without prequalification)


Employer’s Name:Address:Telephone/fax numberE-mail:82 Section III. Evaluation and Qualification Criteria (without prequalification)


InformationEmployer’s Name:Address:Telephone/fax numberE-mail:2. Activity No. Two3. …………………InformationDescription of the key activities inaccordance with Sub-Factor 4.2(b) ofSection III:83 Section III. Evaluation and Qualification Criteria (without prequalification)


Form of Bid Security(Demand Guarantee)__________________________Beneficiary: __________________________Invitation for Bids No:________________________________________Date: __________________________BID GUARANTEE No.: __________________________Guarantor: ________________________________________________We have been informed that __________________________ (hereinafter called "theApplicant") has submitted or will submit to the Beneficiary its bid (hereinafter called "theBid") for the execution of ________________ under Invitation for Bids No. ___________(“the IFB”).Furthermore, we understand that, according to the Beneficiary’s conditions, bids must besupported by a bid guarantee.At the request of the Applicant, we , as Guarantor, hereby irrevocably undertake to pay theBeneficiary any sum or sums not exceeding in total an amount of ___________(____________) upon receipt by us of the Beneficiary’s complying supported by theBeneficiary’s statement, whether in the demand itself or a separate signed documentaccompanying or identifying the demand, stating either thatthe Applicant:(a)(b)has withdrawn its Bid during the period of bid validity specified by theApplicantin the Letter of Bid, or any extension thereto provided by theApplicant; orhaving been notified of the acceptance of its Bid by the Beneficiary during the period ofbid validity, (i) fails to execute the Contract Agreement or (ii) fails to furnish theperformance security, in accordance with the Instructions to Bidders (“ITB”) of theBeneficiary’s bidding document.84 Section III. Evaluation and Qualification Criteria (without prequalification)


This guarantee will expire: (a) if the Applicantis the successful Bidder, upon our receipt ofcopies of the contract agreement signed by the Applicant and the performance security issuedto the Beneficiary upon the instruction of the Applicant; and (b) if the Applicantis not thesuccessful Bidder, upon the earlier of (i) our receipt of a copy of the Beneficiary’snotification to the Applicant of the results of the bidding process; or (ii) twenty-eight daysafter the Validity Period, which date shall be established by presentation to us of copies ofthe Letter of Bidandany extension(s) thereto,accompanied by the bidding document; or (c)three years after the date of issue of this guarantee.Consequently, any demand for payment under this guarantee must be received by us at theoffice indicated above on or before that date.This guarantee is subject to the Uniform Rules for Demand Guarantees(URDG) 2010Revision, ICC Publication No. 758._____________________________[signature(s)]Note: All italicized text is for use in preparing this form and shall be deleted from the finalproduct.85 Section III. Evaluation and Qualification Criteria (without prequalification)


Section V. Eligible CountriesEligibility for the Provision of Goods, Works and Non Consulting Services inBank-Financed Procurement1. In reference to ITB4.7 and 5.1, for the information of the Bidders, at the present timefirms, goods and services from the following countries are excluded from this biddingprocess:Under ITB4.7(a) and 5.1:Under ITB4.7(b) and 5.1:NoneNone86 Section III. Evaluation and Qualification Criteria (without prequalification)


Section VI. Bank Policy - Corrupt andFraudulent PracticesGuidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRDLoans and IDA Credits & Grants by World Bank Borrowers, dated January 2011.“Fraud and Corruption:1.16 It is the Bank’s policy to require that Borrowers (including beneficiaries of Bank loans),bidders, suppliers, contractors and their agents (whether declared or not), subcontractors,sub-consultants, service providers or suppliers, and any personnel thereof,observe the highest standard of ethics during the procurement and execution of Bankfinancedcontracts. 14 In pursuance of this policy, the Bank:(a)defines, for the purposes of this provision, the terms set forth below as follows:(i)(ii)(iii)(iv)(v)“corrupt practice” is the offering, giving, receiving, or soliciting, directlyor indirectly, of anything of value to influence improperly the actions ofanother party; 15 ;“fraudulent practice” is any act or omission, including a misrepresentation,that knowingly or recklessly misleads, or attempts to mislead, a party toobtain a financial or other benefit or to avoid an obligation; 16“collusive practice” is an arrangement between two or more partiesdesigned to achieve an improper purpose, including to influenceimproperly the actions of another party; 17“coercive practice” is impairing or harming, or threatening to impair orharm, directly or indirectly, any party or the property of the party toinfluence improperly the actions of a party; 18“obstructive practice”is(aa) deliberately destroying, falsifying, altering, or concealing of evidencematerial to the investigation or making false statements toinvestigators in order to materially impede a Bank investigation into1415161718In this context, any action to influence the procurement process or contract execution for undue advantageis improper.For the purpose of this sub-paragraph, “another party” refers to a public official acting in relation to theprocurement process or contract execution. In this context, “public official” includes World Bank staff andemployees of other organizations taking or reviewing procurement decisions.For the purpose of this sub-paragraph, “party” refers to a public official; the terms “benefit” and“obligation” relate to the procurement process or contract execution; and the “act or omission” is intendedto influence the procurement process or contract execution.For the purpose of this sub-paragraph, “parties” refers to participants in the procurement process (includingpublic officials) attempting either themselves, or through another person or entity not participating in theprocurement or selection process, to simulate competition or to establish bid prices at artificial, noncompetitivelevels, or are privy to each other’s bid prices or other conditions.For the purpose of this sub-paragraph, “party” refers to a participant in the procurement process or contractexecution.87 Section VI. Bank Policy - Corrupt and Fraudulent Practices


allegations of a corrupt, fraudulent, coercive or collusive practice;and/or threatening, harassing or intimidating any party to prevent itfrom disclosing its knowledge of matters relevant to the investigationor from pursuing the investigation, or(bb) acts intended to materially impede the exercise of the Bank’sinspection and audit rights provided for under paragraph 1.16(e)below.(b)(c)(d)(e)will reject a proposal for award if it determines that the bidder recommended foraward, or any of its personnel, or its agents, or its sub-consultants, subcontractors,service providers, suppliers and/or their employees, has, directly orindirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructivepractices in competing for the contract in question;will declare misprocurement and cancel the portion of the loan allocated to acontract if it determines at any time that representatives of the Borrower or of arecipient of any part of the proceeds of the loan engaged in corrupt, fraudulent,collusive, coercive, or obstructive practices during the procurement or theimplementation of the contract in question, without the Borrower having takentimely and appropriate action satisfactory to the Bank to address such practiceswhen they occur, including by failing to inform the Bank in a timely manner atthe time they knew of the practices;will sanction a firm or individual, at any time, in accordance with the prevailingBank’s sanctions procedures, 19 including by publicly declaring such firm orindividual ineligible, either indefinitely or for a stated period of time: (i) to beawarded a Bank-financed contract; and (ii) to be a nominated 20 ;will require that a clause be included in bidding documents and in contractsfinanced by a Bank loan, requiring bidders, suppliers and contractors, and theirsub-contractors, agents, personnel, consultants, service providers, or suppliers, topermit the Bank to inspect all accounts, records, and other documents relating tothe submission of bids and contract performance, and to have them audited byauditors appointed by the Bank.”1920A firm or individual may be declared ineligible to be awarded a Bank financed contract upon: (i)completion of the Bank’s sanctions proceedings as per its sanctions procedures, including, inter alia, crossdebarmentas agreed with other International Financial Institutions, including Multilateral <strong>Development</strong>Banks, and through the application the World Bank Group corporate administrative procurement sanctionsprocedures for fraud and corruption; and (ii) as a result of temporary suspension or early temporarysuspension in connection with an ongoing sanctions proceeding. See footnote 14 and paragraph 8 ofAppendix 1 of these Guidelines.A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names areused depending on the particular bidding document) is one which has either been: (i) included by the bidderin its pre-qualification application or bid because it brings specific and critical experience and know-howthat allow the bidder to meet the qualification requirements for the particular bid; or (ii) appointed by theBorrower.88 Section VI. Bank Policy - Corrupt and Fraudulent Practices


PART 2 –WORKS REQUIREMENTS89


Section VII. Works RequirementsContentsScope of Works ........................................................................................................................91Specification ............................................................................................................................95Drawings ................................................................................ Error! Bookmark not defined.1Supplementary Information ................................................... Error! Bookmark not defined.290


Scope of WorksName of the Work: Providing comprehensive Water Supply Service Improvementsto Ananthapur <strong>Municipal</strong> Corporation-package I.The scope of work involves execution of the following main components.The Scope of Work for this contract includes construction of 10 nos. new ELSRs includingprovision of all inlet, outlet, washout and overflow connections, Inter connections to the respectiverising mains , Construction of Boundary Walls, Construction of Staff Quarters (2 nos),Construction of Office Buildings (2 nos) and Illumination of ELSR compounds. The location ofELSRs and hydraulic information are given below:SlNoZoneNoLocation Capacity(KL)StagingHeight(m)1 7 Sri Nagar Colony 1000 KL 16 m2 8 Sri Sai Park besideRMH School1000 KL 20 m3 11 SBI Colony 800 Kl 16 m4 12 <strong>Municipal</strong> land NearSE(HLC) Office800 KL 16 m5 18 Ambarapu Street 1000 KL 16 m6 20 Venugopal Nagar 1500 KL 20 m7 23 Somnath Nagar 600 KL 20 m8 24 <strong>Municipal</strong> Park siteon 5 th Road600 KL 16 m9 28 Gourav Garden 1000 KL 16 m10 31 <strong>Municipal</strong> Land nearthe AP Fisheries 1000 KL 16 mCompoundThe Scope of Work for this contract includes supplying, laying, jointing, testing andcommissioning of following new Rising Mains within Ananthapur <strong>Municipal</strong> Corporation area fromBellary Road junction .91 Section VII. Works Requirements


Sl No Diameter of DI K-9pipesLength inMetre1 150 mm 1220 m2 200 mm 4750 m3 250 mm 750 m4 300 mm 915 mTotal7635 mThe Scope of Work for this contract includes supplying, laying, jointing, testing andcommissioning of distribution lines for all the 33 zones within Ananthapur <strong>Municipal</strong> Corporationarea with necessary pipes namely D.I. K-7 pipes of diameters stated below:Sl No Diameter of DI K-7pipesLength inMetre1 100 mm 2883712 150 mm 231803 200 mm 47544 250 mm 34265 300 mm 13366 350 mm 4637 400 mm 519Total 322049The Scope of Work for this contract includes construction of secondary Chlorination room includingsupplying and installation of chlorinators, chlorine tonners, safety devices etc. all complete.The soil test reports and designs and drawings attached with the bid documents are for guidanceonly. The bidder has to check all survey data including levels and carry out soil investigation worksand check the designs and drawings before execution at his cost. No additional payment will be madefor preparation of modified drawing based on survey and test results and carrying out work executionbased on the modified drawings. All modified drawings shall be got vetted from the Employer.Electrical and Mechanical Works:All electrical and mechanical equipment including pipes, valve, pumps, motors should be asper detail technical specifications of Relevant standards of Bureau of Indian standards list given in theTechnical specifications enclosed to this document. And also such other measures as deemed fitthat may be necessary to make the works complete in all respects.All the electrical works for running the H.T. power supply, panel room, panels and cableworks are within the scope of this contract including power cable to be laid from the L.T. panel roomfor Water Treatment plant panel which is in the scope of Water Treatment Plant contract. TheContractor shall submit necessary calculations for sizes of individual connecting cables and get the92 Section VII. Works Requirements


same approved by the Engineer-in-charge. The cable trenches shall be covered with adequatecovering and shall be provided with necessary insert plates, cable trays etc.Proposed Site and Existing Condition:The bidder is required to examine carefully the site for the proposed works. The soil testreports and layout plans of the WTP, ELSRs attached, if any, with the bid documents are for guidanceonly.Site conditions for construction of ELSR and other works:The bidder has to check all data including levels, and carryout soil investigation works beforeexecution. No additional payment for carrying out these works and modifications therein even at thetime of execution will be made.Testing of Pipe and Equipment:All the pipes and equipment have to be tested both at factory and at site as per relevantIndian Standards.The testing shall be witnessed by the Engineer-in-Charge or his authorised representative.93 Section VII. Works Requirements


MILE STONES:The Intended period of completion for the whole of the Works is 24 months from the startdate with the following milestones.MilestoneNo:Physical works to be completedPeriod from thedate of issue ofnotice to proceedwith the workMilestone 1 Mobilization of men, material and equipment;Approval of Detailed Designs, drawings for ELSRsMilestone 2 Supply/laying/Jointing and testing of 40% of DIPipes; Construction of ELSRs upto bottom ring beamlevel and other civil structures up to lintel level2 months9 monthsMilestone 3 Supply/laying/Jointing and testing of 70% of DIPipes; Construction of ELSRs upto top ring beamlevel and other civil structures up to roof level; Supply& delivery of Chlorination plant equipmentMilestone 4 Supply/laying/Jointing and testing of 90% of DIPipes; 100% completion and testing of ELSRsincluding inlet and out let pipe connections;100%completion of all civil structures; Errection andcommissioning of Chlorination Plant;18 months21 monthsMilestone 5Supplying, laying, jointing, testing and commissioningof 100% DI Pipelines; Commissioning of ELSRs.Submission of Completion/As built Drawings.24 months94 Section VII. Works Requirements


S.No. SectionSPECIFICATIONSSpecification1 VII A General Specification of Workmanshipand Materials for Civil WorkDivision 1 General SpecificationsDivision 2 Site WorkDivision 3 Earth WorkDivision 4 MasonryDivision 5 Plastering & PointingDivision 6 Concrete.Division 7 Materials required for pipeline workDivision 8 Laying and Jointing of pipelinesDivision 9 D.I pipes for Water Supply.Division 10 House, Service connection MaterialDivision 11 Tree Plantation strategey2 VII B Technical Specification for ELSRs.3 VII C General Conditions for Erection &Commissioning4 Annexure-I Environmental Management Plan(EMP)-Pre-construction phase5 Annexure-II Environmental Management Plan (EMP)–Construction phase6 Appendix-I Salient Features of Labour Laws7 Appendix-II Salient Features of some of the majorlaws that are applicable for protection ofEnvironment8 Appendix-III Stage wise payments95 Section VII. Works Requirements


SECTION- VII AGENERAL SPECIFICATIONS OF WORKMANSHIP ANDMATERIALS FOR CIVIL WORK1. GENERAL1.1 General Materials1.1.1 All materials used in the permanent works shall be of the best quality of the kind andto the approval of the Engineer-in-Charge. Any material not covered by these Specifications,shall comply with the relevant latest Indian Standard Specifications (Referred to as IS asrevised or modified up to the date one month prior to Tender date). British or AmericanStandard Specifications shall be referred to in case any particular specification is not availablein any of the aforesaid Specifications.1.1.2 Samples of materials to be supplied and used, by the Contractor in the works shall beto the prior approval of the Engineer-in-Charge. For this purpose the Contractor shall furnishin advance representative samples in quantities and in the manner as directed by theEngineer-in-Charge for his approval. Materials brought to the Site, which in the opinion ofthe Engineer-in-Charge do not conform to the approved sample, shall, if so directed by him,be removed by the Contractor from the Site and replaced by the materials of approvedquality. Sourcing of all the material such as metal, sand and quarry dust shall be sourced fromapproved quarries and the contractor shall provide relevant approval details to the Engineerin-Charge,upon request.1.1.3 In spite of approval of the Engineer-in-Charge of any materials brought to the site, hemay subsequently reject the same if in his opinion the materials has since deteriorated due tolong or defective storage or for any reason whatsoever and is thereby considered unfit for usein the permanent works. Any material thus rejected shall be immediately removed from theSite at Contractor's cost and expense.1.1.4 All materials brought to the Site shall be properly stored and guarded in the manneras directed by the Engineer-in-Charge and to his satisfaction.1.1.5 The Engineer may carry out test of materials as he may decide. The Contractor shall,at his cost and expenses, for this purpose supply requisite materials and render such assistanceto the Engineer-in-Charge as he may require.96 Section VII. Works Requirements


1.2 WorkmanshipAll works are to be carried out in proper workman like manner. Items of works not coveredby these Specifications or by other tender documents, shall be carried out as per best practiceaccording to the direction of the Engineer-in-Charge and to his satisfaction. The relevant ISSpecifications or equivalent international Specifications shall be taken as guide for thepurpose.1.3 Works IncludedThe rates for all items, unless specifically stated otherwise in the Contract, must cover thecost of all materials, labour, tools, machinery, plant, pumps, explosives, scaffolding, stagingstrong props, bamboos, ropes, templates, pegs and all appliances and operations whatsoevernecessary for efficient execution of work.1.4 Ground ConditionsThe Contractor shall visit the site and ascertain local conditions, traffic restrictions,obstructions in the area and allow for extra expenses likely to be incurred due to anylimitations whatsoever.1.5 Setting Out and LevelingThe Contractor is to set and level the works, and will be responsible for the accuracy for thesame. He is to provide all instruments and proper qualified staff required for checking theContractor's work.1.6 SafetyThe Contractor shall take adequate and necessary precautions ensuring complete safetyincluding occupational health safety as well as site safety preventing accidents. (i)Thespecific aspects shall include but not limited to: (a) barricading the site all the time toprevent access to public to the construction site; (b) ensuring all workers are provided withand use Personal Protective Equipment including helmet , gloves and gumboots at worklocations, nose musk at dust producing areas, safety belt during work at height; (c) H and STraining for all site personnel; (d) documented procedures to be followed for all siteactivities; and (e) documentation of work-related accidents;(ii) Ensure that qualified first-aid can be provided at all times ( at working sites andcamp). First Aid box shall be easily accessible throughout the site;97 Section VII. Works Requirements


(iii) Provide H and S orientation training to all new workers;(iv) Use fall protection equipment when working at heights;(v) Maintain work areas to minimize slipping and tripping hazards;(vi)For night work, provision of proper illumination for the work space, while controllingglare so as not to blind workers and passing motorists;(vii) Ensure the visibility of workers through their use of high visibility vests when workingin or walking through heavy equipment operating areas;viii) Ensure moving equipment is outfitted with audible back-up alarms; and(ix) Disallow worker exposure to noise level greater than 80 dBA for a duration of more than8 hours per day without hearing protection. The use of hearing protection shall be enforcedactively.1.7 Keeping Works Free from WaterThe Contractor shall provide and maintain at his own cost, electrically or other power drivenpumps and other plant and equipment to keep site, excavated foundation pits and trenchesfree from surface as well as subsoil / leakage water from Primary Grid of any other sourcethereof and continue to do so during construction and afterwards to the complete satisfactionof the Engineer-in-Charge till the site is handed over. Method of dewatering shall needapproval of the Engineer-in-Charge but no payment whatsoever is allowed on this count. Thepumped water should be drained out in such a manner so that it doesn't create any inconvenienceto others. The pumped water shall be drained to the nearest storm water drainagewithout causing inconvenience to public (such as flooding of roads, private properties,inundations, creation of cess pools). The pumped water shall not be discharged into the freshwater bodies which are used for drinking or bathing purposes.1.8 Earthwork – Debris Disposal1.8.1 The Contractor shall clear all construction debris, vegetation, roots etc., and disposethem with proper leveling in the area indicated to the satisfaction of Engineer-in-Charge. Themitigation measures shall include : a) Manage debris/waste according to the followingpreference of hierarchy: reuse, recycling and disposal to designated areas as per ULB b)Avoid stockpiling of excess excavated soils without causing disturbances/difficulties forpublic movment; c) Dispose oil and lubricants waste as per Hazardous Waste (Managementand Handling) Rules 1989;98 Section VII. Works Requirements


1.8.2 After the work is completed, the Contractor shall clear the area surrounding thebuildings, of all hutments and excess stores and remnants of building materials such brickbats, metal, sand, timber, steel etc. to the satisfaction of the Engineer-in-Charge.1.9 Bench Marks and Ground water GaugesThe Contractor shall protect surveyor's bench marks and ground water gauges, zero linemarks and base line marks from damage of movement during work.1.10 InspectionThe Contractor shall inspect the Site of works and ascertain site condition and the nature ofsoil to be excavated.1.11 Contractor's StaffThe Contractor must provide at all times efficient staff of trustworthy, skillful andexperienced assistance capable of carrying out the work in accordance with the drawings andspecification and to correct levels. The cost this establishment should be included in his rates.1.12 Method of MeasurementUnless otherwise specified, the method of measurement for building works shall be as perIS:1200.1.13 Specifications Referred to1.13.1 The specification contained herein are not exhaustive and for such items of workswhich may arise and which are not covered by this specifications, the provisions in therelevant Indian Standard (Latest Edition) shall apply.1.13.2 A list of some Indian Standards is given herein.1.13.3 Wherever reference to the Indian Standard mentioned below or otherwise appears inthe specification, it shall be taken as reference to the latest version of the Standard.General IS Code No. DescriptionBuildingIS:1200Method of measurement ofA Civil Engineering works.Cement IS:269 Ordinary, Rapid Hardening99 Section VII. Works Requirements


and Low Heat PortlandCement.Sand IS:1242 Sand for PlasterAggregates IS:383 Aggregates-Coarseand fine, from Naturalsource for Concrete.IS:515Aggregates for use in massconcrete, natural andmanufactured.Concrete-Plain IS:456 Code of Practice for Plainand Reinforced Concretefor General BuildingConstructionIS:3370Code of Practice forConcrete Structures for theStorage of LiquidsBrickwork IS:1077 Common Burnt ClayBuilding Bricks, PavingIS:1235IS:1443Flooring Tiles, CementConcrete, Floor FinishCement Concrete, FlooringTiles Laying and finishingPlaster and Painting IS:1661 Cement and Cement LimePlaster finishes on wallsand ceilingsSteel (Revised) Iron Work IS:800 Code of Practice for use ofStructural Steel in GeneralBuilding Construction100 Section VII. Works Requirements


2. Earth Work in Excavation & Fillings2.1 GeneralApplicable provisions of Earth work in excavation & fillings shall govern work under this section.2.2 Excavation for Foundation, Trenches, Pit etc.The excavation work shall be carried out in all kinds of Soil including Sand in workman like mannerwithout endangering the safety of the nearby structures or works without causing any hindrance toother activities in the area. The existence of old buildings, boundary walls, hutment, sewer lines,water lines, if any very close to the area of excavation should be given careful consideration whiledesigning carrying out the excavation work. The excavation shall be done in such method as wouldtechnically be appropriate and befitting the site conditions subject to the approval of the Engineer-in-Charge. All foundation trenches shall be excavated to the full width and depths shown on theapproved drawing or to such ordered to the Contractor.The Contractor shall not undertake any earth work without having obtained prior approval from theEngineer-in-Charge to the methods he proposes to employ in order to execute the work in the mostefficient manner. He shall not modify such methods without the approval of the Engineer-in-Charge.This approval, however, shall not in any make the Engineer-in-Charge responsible for any consequentloss or damage.2.2.2 Should any excavation be taken down the specified levels, the Contractor shall fill in suchexcavation at his own cost with concrete as specified for foundations, well rammed in position until itis brought up to the specified level.2.2.3 The Contractor shall notify when the excavation is completed and no concrete or masonryshall be laid until the soil for each individual footing, rafts etc. is approved.2.2.4 The Contractor shall keep the site clear of water at all times. To this end he shall providearrangements for bailing and pumping or any special arrangements as required within his quotedprices.2.2.5 All foundation pits shall be refilled to the finished ground level (formation level) withapproved materials, which shall be suitably consolidated in layers to the satisfaction of the Engineerin-Charge.2.2.6 Nothing extra will be paid for bailing out water collecting in excavation due to rains, ordinarysprings, leakage from existing primary grid etc., or any other reason.101 Section VII. Works Requirements


2.2.7 For the work of excavation the Tenderer shall include in his quotation the shoring, sheeting,bracing and sheet piling (if required). The quotation shall also include the cost of compaction offoundation sub-base, removal and storage of excavated materials and back-filling.2.3 (Omitted)2.4 Back FillingThe space around the foundations in trenches or sites shall be cleared of all trash and loose debris andfilled with approved excavated earth, all clods being broken up to the finished G.I. Filling shall bedone in 150mm layers, each layer to be property moistened and well rammed.Excavated materials which is surplus or which is consolidated unsuitable for back filling is to bedisposed of in spoil dumps as directed by the Engineer-in-Charge.3. Concrete3.1 General3.1.1 Applicable provisions of Conditions of Concrete shall govern work under this section.3.1.2 All concrete work, plain or reinforced shall be carried out strictly in accordance with thisspecification and any working drawing or instructions given from time to time to the Contractor.3.1.3 The Contractor’s rates shall allow for wastages in all materials as well as for all tests ofmaterials and concrete.3.1.4 No concrete shall be cast in the absence of the Engineer-in-Charge or any other person dulyauthorized by him. The Contractor’s Engineer shall personally check that both the form work andreinforcement have been correctly placed and fixed, and shall satisfy himself that all work preparatoryto the casting is completely ready, before informing the Engineer-in-Charge for final inspection andapproval and for which purpose at least 24 hours’ notice shall be given by the Contractor.3.1.5 The Indian Standards wherever referred to herein shall be the latest addition of suchstandards.3.2 CementCement shall conform for IS:269. Cement tests shall have to be carried out at Contractor’s expense asand when directed. Cement which has or practically set shall not be used under any circumstances.3.3 AggregatesThe fine and coarse aggregates shall conform to all provisions and test methods of IS:383 and / or102 Section VII. Works Requirements


IS:515. Samples of aggregates, proposed to be used in the work shall be submitted free of charge insufficient quantities to the Engineer-in-Charge with sieve analysis and other physical and chemicalanalysis data for his approval. Approved samples will be preserved by him for future reference. Thisapproval will not in any way relieve the Contractor of his responsibility of producing of specifiedqualities.3.3.1 Coarse AggregatesCoarse aggregates for use in reinforced and other plain cement concrete works shall be crushed blackgranite trap stone obtained from approved source and shall consist of uncoated, hard, strong denseand durable pieces of crushed stone, and be free from undesirable matters, viz. Disintegrated stonessoft, friable, thin, elongated or laminated pieces, dirt, salt, alkali, vegetable matter or other deleterioussubstances. The aggregates shall be thoroughly washed with water and cleaned before use to thesatisfaction of the Engineer-in-Charge at no extra cost of the Employer.The maximum size of coarse aggregates shall be as follows unless specified otherwise.With very narrow space : 12 mm.Elsewhere:Reinforced Concrete : 20 mmPlain Concrete : 20 mm.Thin R. C. C. Members Mat/Lean Concrete : 20/40 mm(The actual size to be agreed by the Engineer-in-Charge)Grading of coarse aggregates for a particular size shall generally conform to relevant I. S.Codes and shall be such as to produce a dense concrete of the specified proportions and orstrenth and consistency that will work readily in position without segregation.3.3.2 Fine AggregatesSand shall be clear River sand brought from approved source and consist of siliceousmaterial, having hard, strong, durable uncoated particles, free from undesirable matters viz.dust lumps, soft or flaky particles or other deleterious substances. The amount ofundesirable shall not exceed the percentage limits by weights as specified in relevant ISCodes. Washing of aggregates by approved means shall be carried out, if desired by theEngineer-in-Charge, at no extra cost to the Employer.Coarse and fine sand shall be well graded within the limits by weight as specified in103 Section VII. Works Requirements


elevant IS Code. Fineness Modulus shall not vary by more than plus or minus 0.20 fromthat of the approved sample. Fineness Modulus for sand should not be less than 2.5.3.4 Reinforcement3.4.1 The Contractor shall prepare and furnish to the Engineer-in-Charge, Bar BendingSchedules in considerations of the approved drawings for all R. C. C. works for review andchecking by the Engineer-in-Charge before taking up the work.3.4.2 The mild steel reinforcement shall conform to IS: 432 & the tor-steel reinforcementshall conform to IS: 1788.All steel for reinforcement shall be free from loose, oil, grease, paint or other harmful mattersimmediately before placing the concrete.3.4.3 The Reinforcement shall be bent to the shapes shown on the approved drawings prior toplacing and all bars must be bent cold. The Steel shall be placed in such a way that it is rigidlyheld in position while concrete is being cast. The correct clearance from the form shall bemaintained by either precast mortar blocks or by metal supporting chairs to be supplied by theContractor free of charge.The intersection of rods crossing one another shall be bound together with soft pliable with No.16 to 18. S. W. G. at every intersection so that reinforcement will not be displaced in theprocess of depositing concrete. The loops of binding wire should be tightened by pliers.3.4.4 The work of reinforcement shall also be inclusive of stirrups distribution bars,binders, initial straightening and removing of loose rust, if necessary, cutting to requisitelength, hooking and bending to correct shape, placing in proper position including supplyingand binding with block annealed wire as stated in clause 3.4.3 above.3.4.5 Welding of reinforcement shall be done according to the IS specifications wherebinding wire will not be sufficient without any extra payment to the Contractor.3.5 WaterThe Water shall be clean and free from acid, alkali, oil or injurious amounts of deleteriousmaterials. As far as possible, the water be of such quality that it is potable. If any chemicalanalysis of water is necessary and ordered, the same shall be carried out at an approvedlaboratory at the Contractor’s cost and expenses.3.6 Concrete Proportioning104 Section VII. Works Requirements


3.6.1 The concrete proportions shall be as indicated on the approved drawings and shallconform to IS:456 & IS:3370. The quality and character of concrete shall be governed byIS:383. It should be sampled and analyzed as per IS:1199. The concrete should stand the testspecified in IS:516.3.6.2 The minimum cover of main reinforcement shall be 25 mm or the diameter of the barwhichever is greater. Cover to any reinforcement of R. C. C. piles shall be minimum 65 mm. Incase in-situ and 50 mm. In case of precast piles. Suitable spacer blocks shall be provided atintervals not exceeding 1.2 m. throughout the length of the pile.3.6.3 The work ability shall be measured by slump. Slump for different grades of concreteshall not exceed following unless specifically permitted by the Engineer-in-Charge.i) For M 15 concrete – 3.75 cm.ii) For M 20 concrete – 2.50 cm.ii) For M 30 concrete – 2.50 cm.3.6.4 All concrete works shall be thoroughly compacted and fully worked around thereinforcement, around embedded fixtures and into corners of the form work.The Concrete shall be thoroughly and shall be efficiently vibrated during laying. Theuse of mechanical vibrators shall comply with IS:2608, IS:2506 and IS:4656.Whenever vibration has to be applied externally, the design of form work anddeposition of vibration shall receive special consideration to ensure efficientcompaction and to avoid surface blemishes.3.6.5 Test for Water Tightness of Structures / PipesAll liquid retaining structures including underground reservoir, and different units of watertreatment plant like inlet chambers, flocculator, clarifier, filter etc. shall be deemed to besatisfactory water tightness test as per relevant clause of IS:3370. Approved correctivemeasures, if necessary, shall be undertaken by the Contractor at his own expenses. This watertightness test is mandatory for all type of water retaining structure and no security deposit shallbe released without satisfactory water tightness test results.The testing of pipelunes shall be carried out as per relevant IS Codes and pipes shall beconsidered satisfactory if the tests results satisfy the requirements of the relevant clauses of theCodes. The Contractor shall give all these Hydraulic Tests by making his own arrangements for105 Section VII. Works Requirements


water supply and filling and disposing the water after the tests. The Contractor shall rectify thedefects noticed and carry out the tests again and repeat the testing operation till successfulresult is obtained and accepted by the Engineer. The rates Quoted for the work shall beconsidered as inclusive of cost of all Labour, materials and equipment required to givesuccessful tests for Water tightness.3.7 Workmanship3.7.1 All Concreting work shall be carried out according to the IS:456 and IS:3370. It should,however, be noted that for every 15 Cum of concrete placed or for every one day’s volume ofconcrete whichever is lower, a minimum of 3 (three) Cubes shall be cast for test purpose, and testedat the Contractor’s cost and expenses at a Laboratory as approved by the Authority. The number oftest cubes may, however, be altered at discretion of the Engineer-in-Charge. It is compulsory to test 3(three) cubes in each case.3.7.2 Structural ConcreteDesign mix Concrete shall be on all concrete works except in case of Mud-mat concrete/ leanconcrete where nominal mix concrete will be allowed.Design mix Concrete shall be used in Reinforced Concrete Structures and shall be in Grade M20 orricher.The mix shall be designed to produce to produce the grade of concrete having required workabilityand a Characteristic Strength not less than appropriate values given in IS:456-2000. For mix design,procedure given in Indian Standard.Recommendation or any other standard procedure shall be adopted. As long as the quality ofmaterials does not change a mix design done earlier may be considered adequate for later work.Batching mixing, sampling and Strength Test of concrete shall be carried out in compliance with therelevant clause of IS:456-2000 and all other relevant Indian Standards recommended therein. The mixdesign by the Contractor shall be used for works only after obtaining written approval of theEngineer-in-Charge. Mix design shall be entirely the responsibility of the Contractor and anyapproval by the Engineer-in-Charge shall not relieve him of his responsibility in respect thereof.The Contractor shall prepare all the Calculations. Tabulations, Graphs etc. pertaining to Mix design /Test result and supply copies of such Calculations, tabulations, Graphs etc. required by the Engineerin-Charge.The minimum Cement content in each grade of Concrete shall be as given below :106 Section VII. Works Requirements


Grade of ConcreteCement Content per cum of finishedconcrete (Kg.)M 15 310M 20 350M 25 375M 30 400On proportioning concrete, the quantity of both cement and aggregate shall be determined by weight,where the weight of cement is determined on the basis of weight per bag a reasonable number of bagsbe weighed periodically to check the net weight or should be either weighed or measured by volumein calibrated tanks. All measuring equipment shall be maintained in a clean serviceable condition andshall periodically checked for accuracy.The grading of coarse and fine aggregates shall be checked frequently and frequency of testing shallbe determined by the Engineer-in-Charge. Where weight batching is not possible or practicable, thequantities of coarse and fine aggregates may be determined by volume but cement in any case shall beweighed by weight only. If fine aggregate and volume batching is adopted, allowance shall be madefor bulking. The bulking shall be determined in accordance with IS:2386 (Part-III).The Water-Cement Ratio shall be maintained to its correct value. Surface moisture content ofaggregate shall be determined as per IS:2386 (Part-III) and the amount of water to be added shall beadjusted accordingly to maintain the correct Water-cement Ration.During the progress of work in order to ensure correct strength of concrete proper control should beexercised by the Contractor as specified in Specifications mentioned in the Clause 3.7.1 above. Teststrength of every sample shall be determined in accordance with the recommendations of IS:456-2000. If one out of ten consecutive test cubes shows a deficiency in strength upto a maximum limit of10%, the concrete will be deemed satisfactory. If two of the test cubes out of ten show a deficiency instrength upto a limit of 10%, the concrete shall be deemed to be less satisfactory and a reduction of1% will be made on the cost of such concrete. If three out of ten test cubes show deficiency instrength upto a limit of 10%, a reduction of 5% will be made on the cost of such concrete. If morethan three rest cubes show a deficiency in strength upto a limit of 10% a reduction of 10% will bemade on the cost of such concrete. If more than five show a deficiency in strength upto a limit of10%, the concrete shall be rejected. Such rejected concrete work shall have to be dismantled andreplaced to the satisfaction of the Engineer-in-Charge by the Contractor free of cost to the Employer.107 Section VII. Works Requirements


No payment for the dismantled concrete, the relevant from work and reinforcement, embeddedfixtures etc. wasted in the dismantled portion, shall be made. In the course of dismantling, if anydamage is done to the embedded items or adjacent structures, the same shall also be made good freeof charge by the Contractor to the satisfaction of the Engineer-in-Charge.If the deficiency in strength of one test cubes exceeds the 10% limit, a reduction of 5% will be madeon the cost of such concrete. if the deficiency in strength to two out of ten test cubes exceeds the 10%limit, a reduction of 10% will be made on the cost of such concrete. If the deficiency in strength oftwo out of ten test cubes exceeds the 10% limit, a reduction of 10% will be made on the cost of suchconcrete. If the deficiency in strength of three out of ten test cubes exceeds the 10% limit, a deductionof 20% on the cost of such concrete will be made.With permission of the Engineer-in-Charge for any above mentioned grades of concrete, if thequantity of water has to be increased in special cases, cement shall also be increased proportionally tokeep the ratio of water to cement same as adopted in trial mix design for each grade of concrete. Noextra payment for additional cement will be made.3.8 Precast ConcretePrecast Concrete items shall conform to relevant IS Specifications. Precast items shall be suitablymarked with the date of casting identification marks and shall show the right way up as may berequired. The arrangements to be made by the Contractor for Site manufacture and handling ofprecast items shall be done to the approval of the Engineer-In-Charge. Each precast unit shall be castin one operation and no construction joints shall be permitted. No damaged or defective units shall bebuilt into the works and units shall be so stored that they are not over stressed.Precast units shall be provided in places as shown in the approved drawings. The precast units shallbe cast at site strictly following the Specifications of Precast Concrete work. Proper care shall betaken to ensure that the units are obtained from the moulds without any damage. Before erecting inposition the position the units shall be cured adequately by keeping units immersed in water.3.9 Form Work3.9.1 The Form Work shall conform to IS:456. Whenever necessary, shuttering must be provided.The work shall also include providing all necessary staging, centering, form work and moulds forplacing concrete. Shuttering may be of approved dressed timber true to line, not less than 37 mm.thick. Surface to be in contact with concrete are to be planed smooth. Alternatively, sufficiently rigidplywood shuttering or steel shuttering may be used. In every case, joints of the shuttering are to besuch as to prevent the loss of liquid from the concrete. In timber shuttering the joints shall, therefore,108 Section VII. Works Requirements


e either long and grooved or the joints must be perfectly close and lined with draft paper polythenefilms or other types of approved materials. In case of plywood or Steel shuttering also the joints are tobe similarly lined. All shuttering and framing must be adequately stayed and braced to the satisfactionof the Engineer-in-Charge for properly supporting the concrete, during concreting and the period ofhardening. It shall be so constructed that it may be removed without shock or vibration to theconcrete. No through bolts are allowed for holding the shuttering in water retaining structure.3.9.2 Cleaning, Treatment and Removal of FormsAll forms shall be thoroughly cleaned of old concrete, wood shavings, saw dust, dirt and dust stickingto them before they are fixed in position. All rubbish loose concrete chippings, shavings, saw dust etc.shall be scrupulously removed from the interior of the forms before the concrete is poured. Formwork shall not be used/reused, if declared unit or unserviceable by the Engineer-in-Charge.If directed by the Engineer-in-Charge, compressed air jet/or water jet shall be kept handy along withwire brushes, brooms etc. for the purpose of cleaning.Before shuttering is placed in position, the form surface in contact with the concrete shall be treatedwith approved non-staining oil or composition. Care shall be taken that the oil or composition. Careshall be taken that the oil or composition does not come in contact with reinforcing steel or existingconcrete surface. They shall not be allowed to accumulate at the bottom of the shuttering.Forms shall be truck in accordance with the relevant clause of IS:456 or as directed by the Engineerin-Charge.The Contractor shall record on the drawings or in other approved manner, the date inwhich the concrete is placed in each part of the work and the date on which the form work is removedthere from and have this recorded checked and countersigned by the Engineer-in-Charge. TheContractor shall be responsible for the safe removal of the form work, but the Engineer-in-Chargemay delay the time of removal if he considers it necessary. Any work showing signs of damagethrough premature removal of form work or loading shall be entirely reconstructed without any extracost to the Employer.3.10 Protection and Curing of ConcreteNewly placed concrete shall be protected by approved means; from rain, sun and wind and extremetemperature. Concrete placed below the ground level shall be protected from failing earth during andafter placing. Concrete placed in ground containing deleterious substance shall be kept free fromcontact with such ground or, with water draining from such ground during placing of concrete and fora period of at least 3 (three) days or as otherwise directed by the Engineer-in-Charge. the ground109 Section VII. Works Requirements


water around newly poured concrete shall be kept to an approved level by pumping or other approvedmeans of drainage at the cost of the Contractor. Adequate steps shall be taken to prevent flotation orflooding. Steps, as approved by the Engineer-in-Charge, shall be taken to project immature concretefrom damage by debris, excessive loading, vibration, abrasion, mixing with earth or other deleteriousmaterials, etc. that may impair the strength and durability of the concrete.As soon as the concrete has hardened sufficiently for the surfaced to be marked it should be coveredwith hessian, canvas, or similar materials and kept continuously wet for at least 7 (seven) days afterfinal setting. This period may be extended at the direction of the Engineer-in-Charge, upto 14(fourteen) days. Concrete slabs and floors shall be cured by flooding with water of minimum 25 mm.depth for the period mentioned above.Approved curing compounds may be used in lieu of moist curing with the permission of theEngineer-in-Charge. Such compound shall be applied to all exposed surface of the concrete as soon aspossible after the concrete has set. No extra payment is allowed on such count.3.11 Concrete FinishThe Concrete surface on removal of form work shall be such that no finish in necessary, If,however, the surfaces is not satisfactory the Contractor shall, if so instructed, remove unwanted,projecting parts by chipping and smoothening the surface with cement rendering at his ownexpenses. The shutter marks shall invariably be removed by rubbing with carborandum stone. TheContractor shall therefore take all precaution for avoiding the shutter marks.3.12 Construction JointsThese shall be in according with IS:337 or as directed.3.13 Expansion JointsExpansion joints shall be provided at position as directed and the spacing shall not exceedthe limits specified in IS:456. These shall comply strictly with the details shown on approvedconstruction drawings. Reinforcement shall not extend across any expansion joint and the breakbetween the two sections must be complete.3.14 Details of typical expansion joints and construction joints should comply with the suggestivearrangements shown in IS:3370 (Part-I), Clause 8.1 (a)(2), Figure 2 (for expansion joints) andClause 8.1(a) Figure 1, Clause 8.1 (b) Figure 4 (for construction joints).3.15 P.V.C. Water StopsThe materials shall be durable and tough and as per approval of the Engineer-in-Charge. The110 Section VII. Works Requirements


minimum thickness of PVC sealing strips shall be 6 mm. and the minimum width 225 mm. actualshape and size shall be as per drawings. The materials should be of good quality polyvinylchloride highly resistant to abrasion and corrosion as well as to chemicals likely to come in contactwith during use. The physical properties will generally be as follows:Specific Gravity 1.3 to 1.35 Shore Hardness 60 A to 80 A Tensile Strength 100 to 150 Kg./Cm2Minimum Safe Continuous Temperature 75 0 C Ultimate Elongation Not less than 275% WaterAbsorption Not more than 5% by weight in a 7 day test.3.16 Rubber Water StopsThe materials must be very durable and tough and as per approval of the Engineer-in-Charge. Theribs shall be sufficient to ensure proper bonding with concrete. The width shall be minimum 225 mm.and thickness minimum 6 mm. The rubber water stop must be used in long lengths to avoid splicingas far as practicable. Ends shall have at least 200 mm. overlaps and vulcanized. The materials shall benatural rubber and be resistant to corrosion tear and also to attacks from acid, alkalis and chemicalsnormally encountered in service. The physical properties will generally be as follows : The Contractorshall provide constant and strict supervision of all the items of construction during progress of work,including the proportioning and mixing of the concrete and bending and placing of reinforcement.Before any important operation such as concreting or stripping of form work adequate notice shall begiven.Specific Gravity 1.1 to 1.15Shore hardness65 A to 75 ATensile Strength250 to 300 Kg/Cm2Maximum safe continuous temperature 75 0 CUltimate elongation Not less than 350%Water AbsorptionNot more than 350% byweight in a 7 day test.3.17 Laying Cement Concrete Foundations and Under FloorsBefore laying the concrete, the bottom and sides of the trench up to the proposed height of theconcrete shall be moistened.The concrete shall be laid and not thrown, in layers not exceeding 150 mm. in depth and shall betamped / vibrated immediately after laying.111 Section VII. Works Requirements


3.18 Chases, Holes, Recesses and InsertsAll chases, holes and recess for foundation or other bolts, various services and other requirementsmust be formed as shown on the approved drawings or as directed during the execution of the work,without any extra charge. The Contractor shall fix all necessary inserts or fixtures in the concrete forsupport of hangers etc., for pipes and cables, ceiling clamps for lights and fans or for duct etc. If anyof the inserts are to be supplied by other agencies, no extra payment will be made to the Contractorfor placing the inserts in position. The approximate nos. of MS inserts required for fixing of cabletray/hangers in 400. The load carrying capacity of inserts per sq. m. may be taken as 100 kg.4. Brick Work4.1 Applicable provisions of Conditions of Concrete shall govern work under this section.4.2 The Contractor shall build the whole of brick work, shown on the approved drawings with firstclass bricks conforming to IS:1077 and IS:2212 in cement mortar as described. All brickworks, unlessotherwise specifically mentioned, should be of 1st Class brick of approved quality.4.3 Unless otherwise specified, the proportions of cement-sand mortar for various classes of load testsshall be carried out in accordance with IS:456, if required brick work shall be as given below:Type of Work Cement : Sanda) Ordinary brick work with Thickness 250 mm.above for building superstructure 1 : 6b) Brickwork in pillars and foundation 1 : 4c) Half brick or brick-on-edge portion wallwith H.B. netting in every alternative 3rd layer 1 : 4d) Brickwork in water retaining structures 1 : 3The cement and sand shall be thoroughly mixed dry in specified proportions. Water shall then beadded just sufficient to make a stiff and workable paste. The mortar shall be used within half an hourof mixing.4.4 The Contractor shall build all brickwork uniformly, no one portion being raised more than 1meter above another at a time. The joints shall not exceed 12 mm. in thickness and should extend thefull thickness of the brickwork. All joints shall be properly raked and the surface washed down.4.5 All the bricks shall be kept fully immersed in water at least for a minimum period of sixhours till they are completely soaked and only thoroughly soaked bricks shall be used in the work.4.6 The Contractor shall keep wet all brickwork for at least 10 (ten) days after laying. The surface112 Section VII. Works Requirements


of unfinished work shall be cleaned and thoroughly wetted before joining new work to it.4.7 Before supplying the bricks, quality and grade of the bricks must be approved by theEngineer on the representative sample.5. Plastering, Painting and Surface Treatment5.1 Cement Plaster5.1.1 The plastering work shall be governed by IS:1661. Unless otherwise specified cement plastershall be composed of 1 part of cement and 6 parts of sand. For ceiling plaster, the composition shallbe 1 part of cement and 4 parts of sand. The thickness of ceiling plaster shall be 6 mm. The thicknessof plaster to the fair faces of brickwork shall be 19 mm. The thickness mentioned shall be minimumthickness. The Contractor shall allow in his rate for any rubbing out due to inequalities of brickwork.Except underground reservoir and unless otherwise specified by the Engineer, cement plaster shall beapplied on all inner and outer surfaces except floors of all structures.5.1.2 The rate shall also include for forming of any moulding drip course etc., and for extra thicknessdue to corbelling of brick work in parapet or at any other place. If required, all internal angles shall berounded off as per drawing or as directed by the Engineer-in-Charge without any extra charges.5.1.3 Cement and sand shall be measured and mixed dry thoroughly to a uniform colour on a platformspecially constructed for the purpose. Care should be taken to see that no foreign matters get mixedwith the mixture. Only enough water shall be mixed to make the mixture workable. The mix shallthen be turned over and again to a uniform colour and texture. No. more cement mortar shall bemixed at a time than cannot be used within thirty (30) minutes of mixing.5.1.4 Surface to be plastered are to be brushed clean, wetted for 24 hours before the plaster is put inand the joints of the brick work raked out 12 mm. deep minimum. The concrete faces to be plasteredshall be chipped, roughened and soaked with water for achieving required bond with the plasterwithout any extra cost.5.1.5 The surface of the plaster shall be finished absolutely in one plane. All unevenness shall berubbed down by the Contractor with corboandum stones at his cost and expenses. Care shall be takento see that no mark remains at the junction of plastering done at different times. If necessary, thejunctions shall be rubbed with corborandum stones to eliminate such undesirable marks. TheContractor may be required to use normal sprinkling of thin cement slurry on the surface forsatisfactory finishing of the plastering work for which no extra payment shall be made.5.1.6 Plaster shall be protected and cured by keeping it thoroughly wet with sprinkling of water for 10113 Section VII. Works Requirements


(ten) days continuously.5.1.7 The cost of plastering work shall also include the cost of necessary scaffolding, staging etc. aswould be required for the work.6. Surface Finishing6.1 GeneralThe cost of all the items of work under this section should include the cost of necessary scaffolding,staging, preparing sub base, removing stains from the floor, skirting, wood work, glass etc. causedthrough execution of the work.6.2 Deleted6.3 Snowcem or Similar Decorative Cement Finish6.3.1 Whether specified or unspecified, all external surface shall be finished with two coats of'Snowcem' or similar decorative weather-proof "Weather coat" cement finish of approved colour,shade and manufacture. The surface to be finished it to be previously cleaned down to remove loosedust or dirt by use of stiff wire brush. All inequalities to be rubbed down and defects rectified. Thesurface to be wetted well with water and the surface water is to be allowed to run off. The 'Snowcem'or equivalent to be mixed will be strictly as per manufacturer's specification. The mixed 'Showcem' orequivalent to be applied to the surface with a brush of a good quality. The first coat should be wellbrushed into the surface to form a good bond. Second coat should be applied carefully to give a goodfinished appearance may be applied by brushing or spraying. Each 'Snowcem' or equivalentapplication shall be wetted at the end of the day with a fine water spray. For the external surfaces ofthe Pump House, Chemical House, Annexe Building, the quality and colour scheme shall be as perdirection of the E.I.C.6.3.2 Plastic (Acrylic) Emulsion Paint: All internal surfaces of the Control Rooms of the PumpHouse, Control Rooms of the Filter House and Annexe Building, Laboratory shall get plastic (acrylic)emulsion paint. On the plastered surfaces a cement priming coat is required before application ofplastic emulsion. Plastic emulsion paint of approved brand and manufacturer and of the requiredshade shall be used. The paint will be applied in the usual manner with brush and roller. The paintdries by evaporation of the water content and as soon as the water has evaporated the films gets hardand the next coat be applied. The time for drying varies from one hour on absorbent surfaces to 2 to 3hours on non-absorbent surfaces. The thinning of emulsion is to be done with water and not withturpentine. Thinning with water will be particularly required for the undercoat which is applied on the114 Section VII. Works Requirements


absorbent surface. The quantity of thinner to be added shall be as per manufacturer's instruction. Thesurface on finishing shall present a flat, velvety, smooth finish. If necessary more coats shall beapplied till the surface present a uniform appearance.6.4 Painting to Steel Works6.4.1 Any shop coat of paint shall not be considered as a coat of paint for the purpose of specification.6.4.2 Ready mixed synthetic enamel paint of approved make and approved colour and shade shallonly be used. The primer shall be red oxide zinc chromate primer (IS:2074) or any other anticorrosiveprimer as approved and directed by the Engineer-in-Charge. The Contractor shall furnish the detailsof paints to the Engineer-in-Charge for approval of paints before commencement of painting work.6.4.3 The surface to be painted shall be properly cleaned, de-rusted, all loose scales removed andsmoothened with emery papers. Then a coat of anticorrosive priming shall be evenly applied. Afterthis has dried up, two successive coats of best quality ready mixed synthetic enamel paint shall begiven to the entire satisfaction of the Engineer-in-Charge. Brushes of approved size and make shallonly be used for application of paint and use of cloth is definitely prohibited.7. Deleted8. Manhole CoverHeavy duty manhole covers with frame should conform to relevant IS Code. The clear opening foraccess to the M.S. Ladder for going inside the reservoir shall be 600 mm. and the overall dimensionof the heavy Duty Manhole Cover shall be specified by the Tenderer conforming to relevant IS Code.The manhole cover with frame shall be of 'Double Seal Type'. Location of manhole covers andframes are specified in the tender scheme drawing and the Tenderers are to include the cost thereof intheir offer.9. M.S. LadderThe width of the ladder shall be 750 mm. with G.L. hand railing with M.S. angle posts. The steps ofthe ladder shall be provided with M.S. chequered plates with minimum 6 mm. in thickness. The riseand treads of the steps work of the ladder shall be provided with suitable anti-corrosive paints overtwo coats of primer as per manufacturer's specifications to be approved by the Department.10. Rung LadderWherever specified, shall be formed out of 20 mm. dia M.S. Rods. The rods forming Rung Laddershall be properly bonded inside the R.C.C. walls. The spacing of Rung Ladder shall not exceed 300115 Section VII. Works Requirements


mm. and the size of the rung formed shall be 300 mm. wide x 150 mm. deep. The rods are to bepainted with anti-corrosive paint with suitable primer as per manufacturer's specification to beapproved by the Department.11. Lightning ArrestorRequired sets of Lightning Arrestor shall be provided by the tenderer at the highest point of the PumpHouse Building, Annex building, Filter house, Chemical house conforming to the I.E. Rulesspecifications as per standard practice. The job includes supplying, fixing and commissioning ofsufficient no. of lightening arrestors which includes air-terminals, separate earth electrodes, gridearthing and individual earthing with approved size of air-terminals, earth electrodes, earthing stripsas per IE rules/IS codes. Detail Calculations to be vetted by the department in the final design.12.GuaranteesThe Contractor shall give the following guarantees:12.1 Civil and Structural Works The Contractor shall guarantee the plant against any structuralfailure due to faulty design, bad workmanship, substandard materials, etc. for defect liability period.Any defect found during the guarantee period shall be rectified by the Contractor to the satisfaction ofthe Engineer without any extra cost.12.2 Plant and EquipmentEven when a plant or equipment has been manufactured and / or marketed by a vendor, it would bedeemed to have been supplied and installed under the contractors supervision. The Contractor shallprovide back to back guarantee along with the vendor but shall solely be responsible for itsrepair/replacement. He shall not cite the vendor and claim absolvent. In addition, all equipment shallbe free from any defects due to faulty designs, materials and / or workmanship. The equipment shalloperate satisfactorily and performances and efficiencies shall not be less than the values guaranteedby the manufacturer and endorsed by the Contractor. Formal acceptance of the work or equipmentcovered under the Contract by the Engineer shall not be made until all the work done by theContractor has satisfactorily passes all tests required by the specifications. If, during testing of workand / or equipment prior to formal acceptance, any equipment or materials shall fail in any respect tomeet the guarantees, the Contractor shall replace such equipment in a condition which will meet theguaranteed performance. Any such work shall be carried out by the Contractor at his own cost andexpenses in necessity thereof, shall in the opinion of the Engineer be due to the use of materials orworkmanship not in accordance with the Contract or to neglect or failure on the part of the contractor116 Section VII. Works Requirements


to comply with any obligation expressed or implied on the Contractor's part under the Contract. If inthe opinion of the Engineer, such necessity shall be due to any other cause, the value of such workshall be ascertained and paid for as if it were additional work. If the Contractor shall fail to do anysuch work as aforesaid, required by the Engineer, the Employer shall be entitled to carry out suchwork by its own workman or by others and if such work is supposed to be carried out by Contractorthe cost thereof, or may deduct the same from any money due or that may become due to theContractor.117 Section VII. Works Requirements


DIVISION – 1GENERAL SPECIFICATIONSThe I.S. Codes shall be those indicated or subsequent amendments thereonSL. No Description I.S. No.A) LIST OF INDIAN STANDARDSI. CEMENT1. Ordinary and Low Heat Portland Cement 269 – 19762. Pozzolana Portland Cement. 1489 – 19763. 43 Grade or 53 Grade Cement 8112 – 12269RespectivelyII. AGGREGATES1. Aggregates, Coarse& Fine from Natural resources for concrete. 383 – 19702. Sand for Masonry Mortar 2116 – 19653. Methods of tests for aggregates for concrete 2386 - 1963Part – I Particle size and shape (Part – I) 2386 – 1963Part – II Estimation of deleterious Materials & Organic impurities 2386 – 1963Part – III Soundness 2386 – 19634. Specification for test sieves. 460 – 1978Part – I: Wire Cloth test sieves. (Part – I)III BRICKS1. Common burnt clay building bricks 1077 – 1976IV STEEL1. Mild steel and medium tensile steel bars and hard drawn steel wire,concrete reinforcement.Part – I Mild Steel & Medium tensile Steel Bars. 432 – 19822. High strength deformed steel bars and wires for concrete reinforcement. 1786 – 19853. High Tensile Steel for PSC Pipes. (Part-I) 1784 – 19864. Hand Drawn Wire 432 – 19535. Bending and Flexing of Bars for Concrete reinforcement 2502 – 19636. Recommendations for detailing of reinforcement in reinforced concrete 5525 – 1969works.V CONCRETE1. Plain and reinforced concrete, code of practice for. 456 –20002. Laying in Situ cement concrete flooring 2571 – 19703. Sampling and analysis of Concrete IRC : 15-20024. Code of practice for liquid retaining structures 3370 – 19675. Code of practice of concrete roads IRC : 15 – 2002VI. MASONRY1. Brick Masonry 2212 – 19622. Construction of Stone Masonry 1597 – 1967VII PIPES AND FITTINGS1. Asbestos cement pressure pipes 1592 – 19802. Blue MDPE pipes. 4427 – 19963. Specifications for Centrifugally Cast (Spun) D.I. Pipes for Water, Gas and 8329 - 1980118 Section VII. Works Requirements


SL. No Description I.S. No.Sewerage4. D. I. Fittings for pipes for water, gas and sewerage 9523 – 19805. Dimensional requirements of rubber gaskets for Mechanical joints and push 12820 – 1989on joints for the use with C.I.D.I. Pipes6. C.I. Specials for Mechanical and push on flexible joints for pressure pipe 13382 – 1992lines of water gas and sewerage7. Cast iron fittings for pressure pipes for water, gas and sewerage 1538 – 19768. Cast iron detachable joints for use with Asbestos cement pressure pipes 8794 – 19889. Rubber rings for jointing C.I. Pipes, RCC Pipes and A.C. Pipes 5382 – 196910. Bolts & Nuts to be used in jointing C.I.D.F. Pipes 1363 - 1967VIII. WATER SUPPLY FITTINGS1. Sluice valves for water works purposes (50 to 300 mm dia size) 14846-20002. D.I. D/F Gate Valve 3896 (pt.2) – 19853. Surface boxes for sluice valves. 3950 – 19664. Manhole covers and frames, cast-iron. 1726 – 1974IX LAYING OF PIPES1. Laying of Asbestos Cement Pressures Pipes 6530 –19722. Laying of MDPE Pipes 7634 (Pt. II) – 19753. Laying of Cast-Iron Pipes. 3114 – 19654. Laying of D.I. Pipes 3114 – 1965X MACHINERY1. Batch type concrete mixer. 1791 – 19682. Sheep foot roller 4616 – 1968XI SAFETY1. Safety code for excavation works. 3764 – 19662. Safety Code for scaffolds and laddersPart – I – Scaffolds. (Part – I) 3696 – 1966Part – II – Ladders. (Part – I) 3696 – 1966119 Section VII. Works Requirements


DIVISION-2SITE WORK2.1 Intimation about commencement of workBefore commencing the works and also during progress the bidder shall give due notice to theconcerned authorities, the <strong>Municipal</strong>ity, the Roads and Buildings and Electricity Board, TelephoneDepartment, the Traffic Department attached to the Police, other Departments and companies as maybe required to the effect that the work is being taken up in a particular locality and that necessarydiversion of traffic may be arranged for (refer S.No.5 of EMP attached as Annexure –II). The biddershall cooperate with the Departments concerned and provide for necessary barricading of roads,protections to existing underground mains, cables etc. Prior to commencement of the site work, thecontractor shall identify affected access to all the private as well as public facilities and providetemporary access as detailed in the item S.No.12 of EMP attached as Annexure –II. The contractorshall take special care to ensure that the access to sensitive receptors (such as schools, hospitals,religious places) are not affected at any point of contract execution. In all such places, contractor shallexecute the work without affecting the functioning of the above places.2.2 Cross DrainageThe bidder shall handle all flows from natural drainage channels intercepted by the workunder these specifications, perform any additional excavation and grading for drainage asdirected and maintain any temporary construction required to bypass or otherwise cause theflows to be harmless to the work and property. When the temporary construction is no longerneeded and prior to acceptance of the work, the bidder shall remove the temporaryconstruction and restore the site to its original condition as approved by the Engineer-in-Charge. The contractor shall not dispose excavated material near the cross drainage worksviz., culverts, drains, streams so as not affect the natural regime of the water flow. The costof all work and materials required by this paragraph shall be included by the bidder in the unitprices quoted in the section 6 of Vol. III (bill of quantities) and no separate payment will bemade for the same.2.3 Stacking of Excavated MaterialWhere the location of the work is such and does not permit the deposition of excavated earthwhile digging trenches for laying pipes, the excavated earth should be conveyed to a120 Section VII. Works Requirements


convenient place and deposited there temporarily, as directed by the Engineer-in-Charge.Such deposited earth shall be reconvened to the site of work for the purpose of refilling oftrenches, if such deposited soil is suitable for refilling. The unit rate for trench work ofexcavation and refilling shall include the cost of such operations.2.4 Disposal of Surplus EarthThe spoil earth which is surplus to that required for refilling and after allowing for settlement,will have to be removed, spread and sectioned at site approved by the Engineer-in-Charge.Payment will be made as per the unit prices quoted by the bidder for the item. It is estimatedthat volume of earth generation due to project activity is 365921.82 cum and debrisgenerated due to cutting of roads is 131245 cum. Excess earth quantity of . 237638 cum canbe disposed off for filling up of low lying areas on both side of Bangalore Road( Shridi SaiAuto Garage to Azad Nagar), A.P. Fisheries compound, Georgepeta Reservoir site to M.G.Colony, Near Hindu Dhahanavatika areas, Right side of Mpl. Park site near SanghamitraNagar, Right side of C.C. Road.2.5. Shoring, Strutting and Bailing out WaterThe rate for excavation of trench work shall include charges of shoring, strutting, bailing outwater wherever necessary and no extra payment will be made for any of these contingentworks. While bailing out water care should be taken to see that the bailed out water isproperly channelized to flow away without stagnation or inundating the adjoining roadsurfaces and properties.Wherever there is an impoundment of water prior to excavation or when sub-soilwater acumulates in the trenches subsequent to excavation and the same is requiredto be pumped out to facilitate work, a provision for dewatering/bailing out is providedin the BoQ which shall be operated under certification of Engineer-in-Charge.121 Section VII. Works Requirements


DIVISION-3EARTH WORK3.0 GeneralPrior to earthwork excavations contractor shall identify all the common property utilities(such as community taps, telephone/Electric cables, Street Lighting etc) that will be affectedand provide advance notice (not less than 10 days) to the affected parties with dates ofrestoration.3.1 Earth Work - General3.1.1 Earth work diagrams and DataTo the extent that they exist plans and earth work data prepared for the Government’s (that isGovernment of <strong>Andhra</strong> <strong>Pradesh</strong>) studies of earth work for construction of the related workswill be available for Inspection by the bidders in the Office of the concerned Engineer-in-Charge.Such information is made available solely for the convenience of bidders. The Governmentdoes not represent that this information is accurate or complete. Bidders are cautioned thatthis information is subject to revision and that the Government disclaims responsibility forany interpretations, deductions or conclusions which may be made there from. It is notintended that this earth work information will limit or prescribe the excavation and handlingprocedure of the contractor, and the Government reserves the right to utilize and distributeearth work materials during the progress of work as best serves the interest of theGovernment.3.1.2 Compacting Earth MaterialsWhere compacting of earth materials is required, the materials shall be deposited inhorizontal layers and compacted as specified in this paragraph. The excavation, placing,moistening and compacting operations shall be such that the materials will be uniformlycompacted throughout the required section and will be homogeneous, free from lenses,pockets, streaks, voids, lamination or other imperfections. The compaction shall be carriedout in accordance with the relevant clauses of I.S 4701 – 1982.122 Section VII. Works Requirements


Excavation(a)Classification of ExcavationExcept as other-wise provided in these specifications, material excavated will be measured inexcavation to the lines shown on the drawings or as provided in these specification, and allmaterials so required to be excavated will be paid for at the applicable prices bid in theschedule for excavation. No additional allowance above the price bid in the schedule will bemade on account of any of the material being wet. Bidders and the contractors must assumeall responsibility for deducting and concluding as to the nature of the materials to beexcavated and the difficulties of making and maintaining the required excavation. TheGovernment does not represent that the excavation can be performed or maintained at thepaylines described in these specifications or shown on the drawings.Excavation for removal of debris and deposited earth on berms while forming roads is to becarried out as specified in relevant clauses of 154701-1982 as compared before lying ofberms with the same setting of roads.(b)Excavation for StructuresGeneralExcavation for the foundation of structures shall be to the elevation shown on the drawings oras directed by the Engineer-in-Charge. In so far as practicable, the material removed inexcavation for structures shall be used for back fill and embankments. Otherwise it shall bedisposed off as specified in paragraph 2.4.Foundations for StructuresThe Contractor shall prepare the foundations at structure/sites by methods which will providefirm foundation for the structures. The bottom and side slopes of common excavation upon oragainst which the structure is to be placed shall be finished to the prescribed dimensions andthe surfaces so prepared shall be moistened and tamped with suitable tools to form firmfoundation upon or against which to place the structure. The Contractor shall prepare thefoundation for the structures as shown on respective drawings. The natural foundationmaterial beneath, the required excavation shall be moistened if required and compacted inplace.123 Section VII. Works Requirements


Separate payment will not be made to the contractor for moistening and compacting thefoundation of structures. The contractor shall include cost thereof in the price bid per cubicmeter of the item of the Bill of quantities for preparation of foundations.Whenever unsuitable material is encountered in the foundation for a structure the Engineerin-Chargewill direct additional excavation to remove the unsuitable material. The cost ofsuch additional excavation shall be paid at the unit price bid in the Bill of quantities for earth.The additional excavation shall be refilled by selected bedding material and compacted.(c)Over ExcavationIf at any point in common excavation the foundation material is excavated beyond the linesrequired to receive the structure, or if at any point in common excavation the naturalfoundation material is disturbed or loosened during the excavation process, it shall becompacted in place or where directed, it shall be removed and replaced as follows. Inexcavation soils, the over excavation shall be filled in by selected bedding material andcompacted. In excavation in rock it shall be filled with M5 grade cement concrete. Any andall excess excavation or over excavation performed by the Contractor for any purpose orreason except for additional excavation as may be prescribed by the Engineer-in-Charge andwhether or not due to the fault of the contractor shall be at the expense of the contractor.Filling for such excess excavation or over excavation shall be at the expense of thecontractor.(d)Measurement for paymentExcavation for structures will be measured for payment, for box cutting with vertical sides offoundation dimensions. The contractor will have to make his own arrangement for shoring,strutting, provision of adequate slopes for the sides to prevent slips etc., and no separatecharge will be paid for any incidental charges arising either during excavation of foundationor construction of the structure.(e)PaymentPayment for excavation for structures will be made at the unit price per cubic metre bidtherefore in the Bill of quantities for excavation for structures. The unit price bid in the bill ofquantities for excavation for structures shall include the cost of all labour and materials forcoffer dam and other temporary construction, of all pumping and dewatering, of all other worknecessary to maintain the excavation in good order during construction, of removing suchtemporary construction where required and shall include the cost of disposal of the excavatedmaterial.124 Section VII. Works Requirements


3.3 Backfill3.3.1 Back Fill Around Structures:(a)GeneralThe item of the schedule for backfill around structures including pipe portions of structuresincludes all backfill required to be placed under these specifications.(b)MaterialsThe type of material used for backfill, the amount thereof, and the manner of depositing thematerial shall be subject to approval of Engineer-in-Charge. In so far as practicable backfillmaterial shall be obtained from material removed in required excavations for structures. Butwhen sufficient suitable material is not available from this source, additional material shall beobtained from approved borrow-areas. The borrow pit excavation shall be in accordance withclause-9.1 to 9.3 of I.S 4701-1982.Backfill material shall contain no stones larger than 80 millimetersin diameter. If the excavation for the foundation of the structure is in swelling soils, a layerof cohesive non-swelling soil conforming to I.S..9451-1980 should be interposed between theswelling soil of the structure and compacted to atleast 95% standard proctors density.(c)Placing BackfillBackfill shall be placed to the lines and grades shown on the drawings as prescribed in thisparagraph or as directed by the Engineer-in-Charge. All backfill shall be placed carefully andspread in uniform layers not exceeding 150 mm, so that all spaces about rocks and clods willbe filled. Each layer shall be watered and well compacted before the succeeding layer is laid,care being taken not to disturb the constructed structure. Backfill shall be brought up asuniformly as practicable on both sides of walls and all sides of structure to prevent unequalloading. Backfill shall be placed to about the same elevation on both sides of the pipepositions of the structures to prevent unequal loading and displacement of the pipe.(d)Measurement and PaymentExcavation refill required to be placed about structures that is within the pay line limits forexcavation for the structures, will be measured in place for payment as backfill aboutstructure provided that where the contractor elects not to excavate material which is outsidethe limits of the actual structure or pipe, but within the pay line limits of excavation, all suchmaterial will be included in the measurement for payment of backfill.125 Section VII. Works Requirements


The unit price bid there for in the Bill of quantities for excavation of foundation of structureshall include cost of backfilling about the structure upto ground level. No separate paymentwill be made for backfill of foundation.Refill of excavation performed outside the established paylines for excavation for structuresshall be placed in the same manner as specified for the adjacent backfill and such refill shallbe placed at the expense of the contractor.126 Section VII. Works Requirements


DIVISION-4MASONRY4.1 Materials4.1.1 Brick for MasonryGeneralBricks used for brick masonry shall conform to the relevant specifications of I.S. 1077-1986common burnt clay building bricks shall be hand or machine moulded. They shall be sound,hard, homogeneous in texture well burnt and shall give a clear ringing sound when struck.They shall be clean, free from warping, distortion, cracks, chips, flaws, stones and nodules offree lime. Unless otherwise specified the sizes of the bricks shall be 190 x 90 x 90 mm. Thecompressive strength shall not be less than 40 Kg/Cm 2 . The percentage of water absorptionshall not be more than 20 per cent by weight after 24 hours immersion in cold water.(b)Cost:The cost of collecting the bricks for masonry will not be paid for separately and their costincluding the cost of transporting, stacking, royalty seigniorage charges shall be included inthe unit price per cubic metre bid therefore in the relevant item in the bill of quantities.4.1.2 Sand for MasonryGeneralSand shall generally conform to specifications given in paragraph 6.2.5 except that the sandfor mortar shall conform to the grading of sand given in clause 4 of I.S.2116-1189 as detailedbelow in Table 4(b).Table 4(b):Grading of Sand for use in Masonry Mortars:I.S. Sieve Designation Percentage passing by Mass4.75 mm 1002.36 mm 90 to 1001.18 mm 70 to 100600 Micron 40 to 100300 Micron 5 to 70127 Section VII. Works Requirements


150 Micron 0 to 15A sand whose grading falls out-side the specified limits due to excess or deficiency of coarseor fine particles may be processed to comply with the standard by screening through asuitably sized sieve and/or blending with required quantities of suitable size and particles.The procurement of sand for masonry shall confirm to the specifications given in paragraph6.2.5.CostThe cost of sand for masonry will not be measured and paid separately and the cost of sandincluding the cost of stripping, transporting and storing and royalty charges shall be includedin the unit price per cubic metre bid therefore in the relevant item of work in the bill ofquantities for which this and is required.4.1.3 CementGeneralAs per clause 4 of I.S. 456-1978 for the purposes of these specifications, cement used shall be anyof the following with the prior approval of the Engineer-in-Charge Ordinary Portland (OPC) –GRADES 43 & 53 Conforming to BIS : 811 : 12269 respectively (or) Portland pozzolanacement conforming to I.S. 1489 relevant amendments upto date.The provisions of this paragraph apply to cement for use in cast-in-place concrete required underthese specifications. Portland cement required for items such as concrete pipes, precast concretestructural members and other precast concrete products, for grout and mortar and for other item isprovided for in the applicable paragraphs of these specifications covering the items for which suchportland cement is required.The water used in making and curing of concrete, mortar and grout shall be free from objectionablequantities of silt, organic matter, injurious amounts of oils, acids, salts, and other impurities etc., asper I.S. specification No.456-1978.The Engineer-in-Charge will determine whether or not such quantities of impurities are objectionableSuch determination will usually be made by comparison of compressive strength, water requirement,time of set and other properties of concrete made with distilled or very clean water and concrete madewith the water proposed for use. Permissible limits for solids when tested in accordance with I.S.3025-1964 shall be as tabulated below.128 Section VII. Works Requirements


Permissible limit for SolidsMaximum permissible limit1. Organic 200 mg/litre2. Inorganic 3000 mg/litre3. Sulphates (as SO 4 ) 500 mg/litre4. Chlorides (as CL) 2000 mg/litre for plain concretework and1000 mg/litre for R.C.C. work5. Suspended matter 2000 mg/litreIf any water to be used in concrete, mortar or grout is suspected by theEngineer-in-Charge of exceeding the permissible limits of solids, samples of water will beobtained and tested by the Engineer-in-Charge in accordance with I.S. 3025-1964.a. MortarPreparation of MortarUnless otherwise specified, the cement mortar used in Masonry works shall be cement mortar mixMM5 (1:5) grade using minimum 288 Kg. of cement per cubic metre of mortar.Mixing shall be done thoroughly preferably in a mechanical mixer. In such cases, the cement andsand in the specified proportions shall be mixed dry thoroughly in the mixer operated manually or bypower.Water shall be added gradually and wet mixing continued atleast for 3 minutes. Water should not bemore than that required for bringing the mortar to the required working consistency of 90 to 130 millimetres as required in clause 9.11 of I.S. 2250-1981. The mix shall be clean and free from injuriouskind of soil, acid, alkali, organic matter or deleterious substanceTime of use of Cement MortarCement mortar shall be used as soon as possible after mixing and before it has begun to set, within 30minutes after the water is added to the dry mixture.Mortar unused for more than 30 minutes should not be used and shall be removed from the site ofwork. The cost of such wasted mortar shall be borne by the bidder. The use of re-tempered mortarwill not be permitted to be used for the masonry.Tests of MortarMortar Test cubes shall be cast for the mortar used on the work and shall be tested in accordance withAppendix-A of I.S.2250-1965 code of practice for preparation and use of Masonry Mortars. Such129 Section VII. Works Requirements


cubes shall develop a compressive strength of at least 50 Kg/square centimetre for MM5 (1:5) Gradecement mortar mix, 75 Kg/square centimetre for MM 7.5 (1:4) grade cement mortar mix and 30 Kg/square centimetre for MM-3 grade cement mortar mix.Mortar not conforming to the specifications will be rejected, and the cost of such wasted mortar shallbe borne by the bidder.Measurement and PaymentCement Mortar will not be measured and paid separately and its cost, including cost of materials,transporting and placing shall be included in the unit price per cubic metre bid therefore in the bill ofquantities of the contractor for the relevant finished item of work or which cement mortar mixmentioned in the above paragraph is required.4.2.5.Dismantling of StructuresDuring course of excavation of drainage works certain dismantling of brick masonry / R.R. masonryretaining walls in CM C.C M10 grade leveling course are to be carried out. These have to be carriedout as specified under section 202 of A.P.S.S, and as per directions of Engineer-in-Charge and sitecleared before facing up actual execution.130 Section VII. Works Requirements


DIVISION-5PLASTERING & POINTING5.1 Section – Materials5.1.1 Sand for Mortar for Plastering and Pointing:(a)General:The sand for preparation of Mortar for plastering and pointing shall confirm to the followinggradation, shown in Table 5(A).TABLE 5 (A)Requirements of Grading For Sands for External Plastering and RenderingPercentage by weight passingI.S., SieveI.S.SIEVEDesignation Class – A Class - B4.75 MM 100 1002.36 MM 90 to 100 90 to 1001.18 mm 70 to 100 70 to 100600 Microns 40 to 85 40 to 95300 Microns 5 to 50 10 to 65150 Microns 0 to 10 0 to 10For the purpose of indicating the suitability for use, the sand is classified as Class A andClass B in accordance with the limits of grading. Class ‘A’ sands shall be used generally forplastering and pointing, and when they are not available, Class ‘B’ sands may be used withthe approval of Engineer-in-Charge.The procurement of sand for Mortar for plastering and pointing shall conform to thespecifications given in paragraph 6.2.5.131 Section VII. Works Requirements


(b)Cost:The cost of sand for mortar for plastering and pointing will not be measured and paidseparately, and the cost of sand including the cost of stripping, transporting and storing androyalty charges shall be included in the unit price per Cubic metre bid therefore in therelevant item of work in the Schedule ‘A’ for which this sand is required.5.1.3 Cement:The specifications and conditions specified for supply for cement in paragraph 4.1.4 shall beapplicable here also.Portland pozzolana cement conforming to I.S. 1489-1976 shall be used for preparation ofmortar for plastering and pointing work. Ordinary portland cement – Grades 43 & 53 mayalso be used in the event of non-availability of P.P.C.5.1.4 WaterThe specifications and conditions specified for procurement of water in paragraph 4.1.5 shallbe applicable here also.5.2 Section – Mortar5.2.1 Preparation of Mortar for Plastering work:Unless otherwise specified, the cement mortar used in plastering work shall be in cementmortar mix of MM. 7.5 (1:4) grade, using minimum 360 Kg. of cement per cubic metre ofmortar.The other specifications and conditions enunciated in paragraph 4.2.1 shall apply for thismortar for plastering work also.5.2.2 Preparation of Mortar for PointingThe cement mortar used in pointing work shall be cement mortar mix of M.M 7.5 grade,using 480 Kg. of cement per cubic metre of mortar.The other specifications and conditions enunciated in paragraph 4.2.1 shall apply for thismortar for pointing work also.5.3 Section – Plastering With Cement Mortar Mix. Mm 7.5 Grade 20 Mm Thick132 Section VII. Works Requirements


5.3.1 Preparation of SurfaceThe roughening of the background improves the bond of plaster. All joints shall bethoroughly raked. After roughening the surface, care shall be taken to moisten the surfacesufficiently before plastering as otherwise rashly exposed surface may tend to absorbconsiderable amount of water from the plaster. The surface shall be wetted evenly beforeapplying the plaster. Care shall be taken to see that the surface is not too dry as this maycause lack of adhesion or excessive suction of water from the plaster. A fog spray may beused for this work. As far as possible, the plaster work shall be done under shade.5.3.2 Laying of Plastering with Cement Mortar Mix MM.7.5 grade 20 mm thickThe mortar used for plastering shall be stiff enough to cling and hold when laid. To ensureeven thickness and true surface, plaster shall be applied in patches of 150 mm x 150 mm ofthe required 20 mm thickness at nor more than 2 metres intervals horizontally and verticallyover the entire surface to serve as guides. The surface of these guides shall be truly in theplane of the furnished plaster surface and truly plumb. The mortar shall then be applied to thesurface to be plastered between the guides with a trowel. Each trowel full of mortar shalloverlap and sufficient pressure shall be used to force it into thorough contact with the surface.On relatively smooth surfaces, the mortar shall be dashed on with the trowel to ensureadequate bond. The mortar shall be applied to a thickness slightly more than that specified,using a string, stretched out between the guides. This shall then be brought to a true surfaceby working with a long wooden float with small sawing motion. The surface shall beperiodically checked with a string stretched across it. Finally the surface shall be renderedsmooth with a small wooden float, over working shall be avoided. All corners, arises, andjunctions shall be brought truly to a line with any necessary rounding or chamfering.If it is necessary to suspend the work at the end of the day, it shall be left in a clean horizontalor vertical line not nearer than 150 millimetres for any corner or arises or on parapet tops oron copings etc. When recommending the work, the edges of the old work shall be scrapedclean and treated with cement slurry before the new plaster is laid adjacent to it. After thefirst coat is done, it shall be kept undisturbed for the next 24 hours and thereafter kept moistand not permitted to dry until the final rendering is applied.After the plaster has sufficiently hardened cement slurry with cream like consistency shall beapplied as thinly and evenly and rubbed to a fine condition.The finished surface shall be cured with water for a period of 10 days.133 Section VII. Works Requirements


5.4 Section – Pointing To Stone Masonry with Cement Mortar Mix Mm.75 GradeThe joints in the masonry shall be raked out to a depth not less than the width of the joint oras directed when the mortar is green. Joints are to be brushed clean of dust and loose particleswith a stiff brush. The area shall then be washed and the joints thoroughly wetted beforepointing is commenced.5.4.2 Flush Pointing with Cement Mortar Mix MM. 7.5 Grade for Rubble MasonryThe pointing to be done shall be flush pointing with cement mortar mix MM. 7.5 grade. Themortar shall be pressed into the raked out joints according to the types of pointing required.The mortar shall not be spread over the corners, edges or surface of the masonry. Thepointing shall then be finished as detailed below. The mortar shall be finished off flush andlevel with the edges of the stones, so as to give a smooth appearance. The edges shall beneatly trimmed with a trowel and a straight edge.The pointing shall be cured for seven days.5.5 Section – Measurement and PaymentPlastering:The measurement of plastering will be in units of square metres, and it shall be paid at therelevant unit price bid per ten square metres of Plastering in the schedule Bill of Quantitieswhich unit price shall include the cost of materials, their conveyance, charges for preparationof mortar including mixing charges and charges for performing the plastering work asillustrated in this division, including curing.PointingThe measurement for pointing will be in units of square metres, and it shall be paid at therelevant unit prices per ten square metres bid in the schedule Bill of quantities which unitprice shall include the cost of materials, their conveyance, charges for preparation of mortarincluding mixing charges and charges for performing the pointing work as illustrated in thisdivision, including curing.134 Section VII. Works Requirements


DIVISION-6CONCRETE6.1 Concrete Structures6.1.1 Concrete in Structures(a) Concrete in structures shall conform to the requirements of Paragraph 6.2(b)Measurement and payment for concrete in structures will be made as prescribed inparagraphs 6.3 & 6.4.6.1.2 Construction of StructuresCast-in-place concrete for the structures shall conform to the requirements of section.The structures shall be built to the lines, grades and dimensions shown on the drawings. Thedimensions of each structure as shown on the drawings will be subject to such modificationsas may be found necessary by the Engineer-in-Charge to adopt the structure to the conditionsdisclosed by the excavation or to meet other conditions. Where the thickness of any portionof a concrete structure is variable, it shall vary uniformly between the dimensions shown.Where necessary, as determined by the Engineer-in-Charge, the Contractor will be furnishedadditional detailed drawings of the structures to be constructed. The bidder will not beentitled to any additional allowances above the prices bid in the schedule by reason of thedimensions fixed by the Engineer-in-Charge or by reasons of any modifications or extensionsof a minor character to adopt a structure to a structure at site, as determined by the Engineerin-Charge.The cost of furnishing all materials and performing all work for installing timber, metal andother accessories for which specific prices are not provided in the schedule, shall be includedin the applicable prices bid in the schedule for the work to which such items are appurtenant.6.2 General Concrete Requirements6.2.1 Composition(a)GeneralConcrete shall be composed of cement, sand, coarse aggregate, water and admixtures (if any)as specified, all well mixed and brought to the proper consistency.135 Section VII. Works Requirements


(b)Nominal maximum size of AggregatesIn coarse aggregates to be used in concrete shall be as large as practicable, consistent withrequired strength, spacing of reinforcement and embedded items, and placement thickness.The size of the coarse aggregate to be used will be determined by the Engineer-in-Charge andmay vary incrementally according to the conditions encountered in each concrete placement.Nominal maximum size of aggregate for concrete in structures shall be as indicated in therelevant drawings appended to the contract documents. Smaller coarse aggregate thanspecified shall be used where in the opinion of the Engineer-in-Charge that proper placementof concrete is impracticable with the size of the aggregate specified in the drawings.(c)Mix ProportionsThe proportions of various ingredients to be used in the concrete for different parts of thework will be established by proper mix design by the Engineer-in-Charge during the progressof the work. In proportioning concrete, the quantity of both cement and aggregate should bedetermined by mass as per clause 9.2 of I.S. 456-1978 water shall be either measured byvolume in calibrated tanks or weighted. All measuring equipment shall be maintained in aclean serviceable condition and their accuracy periodically checked. Adjustments shall bemade as directed to obtain concrete having suitable workability, impermeability, density,strength and durability without use of excessive cement. The acceptance or rejection ofconcrete shall be as per the acceptance criteria laid down in clause 15 of I.S. 456-1978.The mix design and average concrete strength shall be adjusted according to the cube strengthtest results conforming to clauses 14.2, 14.3, 14.4, 14.5 of I.S. 456-1978. The bidder shall notbe entitled for any additional allowances above the prices bid in the schedule due toadjustments of the mix proportions.The net water cement ratio exclusive of water absorbed by the aggregate shall be sufficientlylow to provide adequate durability in concrete. The water-cement ratio for various grades ofconcrete shall be as determined and ordered by the Engineer-in-Charge.(d)ConsistenciesThe slump of concrete at the placement shall be as follows:Reinforced Cement Concrete:Sl.Degree ofPlacing ConditionValue of WorkabilityNo.Workability1. Concreting of lightly reinforced Medium 25 mm to 75 mm slump for 20136 Section VII. Works Requirements


sections without vibration or heavilyreinforced sections with vibration2. Concreting of heavily reinforcedsection without vibrationHighmm aggregate75 mm to 125 mm slump for20 mm aggregateii)For plan concrete work, slump requirements mentioned in item - (i) above are applicable.If the specified slump is exceeded at the placement, the concrete is unacceptable. The Engineer-in-Charge reserves the right to require lesser slump whenever concrete of such lesser slump can beconsolidated readily into place by means of vibration specified by the Engineer-in-Charge. The useof any equipment which will not readily handle and place concrete of the specified slump will notbe permitted.To maintain concrete at proper consistency, the amount of water and sand batched for concrete shallbe adjusted to compensate for any variation in the moisture content or grading of the aggregates asthey enter the mixer. Addition of water to compensate for stiffening of the concrete after mixing butbefore placing will not be permitted. Uniformity in concrete consistency from batch to batch will berequired.6.2.2 Concrete Quality Control Measures and Concrete Quality Assurance Test Programme.(a)(b)Concrete Quality Control Measures: The bidder shall be responsible for providing qualityconcrete to ensure compliance of the bid requirements.Concrete Quality Assurance Program: The concrete samples will be taken by theDepartmental Engineers and its quality will be tested in the departmental laboratory as per therelevant Indian Standard Specifications I.S. No. 516-1959 and I.S. 1199-1959.Tests: The Government will obtain samples and conduct tests as specified in I.S. 456-1978, I.S. 1199-1959 and I.S. 516-1959.cost,Test Facilities: The bidder shall furnish free of cost samples of all ingredients of concretefor testing and obtain approval from the Engineer-in-Charge. He should also supply free ofthe samples of all the ingredients of concrete for conducting the required tests.6.2.3 Cement:GeneralShall conform to paragraph 4.1.4.137 Section VII. Works Requirements


6.2.4 Water: Shall conform to paragraph 4.1.56.2.5 Sand (Fine Aggregate)GeneralThe term sand is used to designate aggregate most of which passes 4.75milli metre I.S. Sieve and contains only so much coarser material as permitted in Clause 4.3of L.S. 383-1970. Sand shall be predominantly natural sand which may be supplemented withcrushed sand to make up deficiencies in the natural sand gradings.All sand shall be furnished by the bidder from any source approved by Engineer-in-Charge.Sand as delivered shall have a uniform and stable moisture content. Determination ofmoisture content shall be made as frequently as possible, the frequency for a given job beingdetermined by the Engineer-in-Charge according to weather conditions (I.S. 456-1978).QualityThe sand shall consist of clean, dense, durable, un-coated rock fragments, as per I.S.383-1970. Sand may be rejected if it fails to meet any of the following quality requirements.Organic impurities in Sand: Colour no darker than the specified standard in clause 6.2.2 of I.S2386 (Part-II) 1963. (Indian Standard method of test for aggregates for clearance Part-IIestimation of deleterious materials and organic impurities).Sodium Sulphate Test for Soundness: The sand to be used shall pass a Sodium of MagnesiumSulphate accelerated test as specified in I.S. 2386 (Part-V) 1963 for limiting loss of weight.Specific Gravity: 2.6 minimumDeleterious Substances:The amounts of deleterious substances in sand shall not exceed the maximum permissiblelimits prescribed in Table I Clause 3.2.1 of I.S. 383-1970 (Indian Standard specification forcoarse and fine aggregate from natural sources for concrete when tested in accordance withI.S. 2386-1963.c) GradingThe sand as batched shall be well graded and when tested by means of standards sieves shallconform to the limits given in Table-4 of I.S. 383-1970, and shall be described as fineaggregates, grading zones-I, II, III and IV. Sand complying with the requirements of any ofthe four grading zones is suitable for concrete. But, sand conforming to the requirements ofgrading Zone-IV shall not be used for reinforced cement concrete work.138 Section VII. Works Requirements


6.2.6 Coarse AggregateGeneralFor the purposes of these specifications, the term “Coarse Aggregate” designates clean wellgrade aggregate most of which is retained on 4.75 mm I.S. Sieve containing only so muchfiner material as permitted for various types described under clause 2.2 of I.S 383-1970.Coarse aggregate for concrete shall consist of uncrushed, crushed and partially crushed stone.Coarse Aggregate for concrete shall be furnished by the Contractor from the sourcesapproved by the Engineer-in-Charge.Coarse Aggregate as delivered shall generally have uniform and stable moisture content. Incase of variations, clause 9.2.3 of I.S 456-1978 shall govern during batching.QualityThe Coarse aggregate shall consist of natural occurring (crushed or uncrushed) stones, andshall be hard, strong, durable, clear and free from veins and adherent coating, and free frominjurious amounts of disintegrated pieces, alkali, vegetable matter and other deleteriousmaterials.Coarse aggregate for concrete shall be separated into various nominal maximum sizesspecified in the relevant drawings. Separation of the coarse aggregate into the specified sizesshall conform to the grading requirements specified in Table-2 of I.S. 383-1970, when testedin accordance with I.S 2386-(Part-I) 1963 (Method of test for aggregates for concrete Part-IParticle size and shape).Coarse aggregate for mass concrete may be separated as previously herein specified.Separation of the coarse aggregate into the various sizes shall be such that when tested inaccordance with I.S. 2386 (Part-I) 1963 shall conform to the requirements specified in Table-3 of I.S. 383-1970.Sieves used in grading tests will be standard mesh sieves conforming to I.S. 460 (Part-I) –1978 (Specification for test sieves Part-I wire cloth test sieves).6.2.7 MixingGeneralThe concrete ingredients shall be thoroughly mixed in mechanical mixers designed topositively insure uniform distribution of all the component materials throughout the concreteat the end of the mixing period. Mixing shall be done as per clause 9.3 of I.S. 456-1978. Themixer should comply with I.S. 1971-1968 (I.S. Specifications for batch type concrete mixers).139 Section VII. Works Requirements


The concrete as discharged from the mixer, shall be uniform in composition and consistencyfrom batch to batch. Workability shall be checked at frequent intervals as per I.S. 1199-1969.Mixers will be examined regularly by the Engineer-in-Charge for changes in conditions dueto accumulation of hardened concrete or mortar or to wear of blades. The mixing shall becontinued until there is a uniform distribution of the materials so that the mass is uniform incolour and consistency and to the satisfaction of the Engineer-in-Charge. If there issegregation after unloading, the concrete should be remixed.Any mixer that at any time produces unsatisfactory mix, shall not be used until repaired. Ifrepair attempts are unsuccessful, a defective mixer shall be replaced. Batch size shall be atleast 10% of, but not in excess of the rate capacity of the mixer unless otherwise authorizedby the Engineer-in-Charge.Concrete MixersWater shall be admitted prior to and during charging of mixer with all other concreteingredients. After all materials are in the mixer, each batch shall be mixed for not less thanthe time specified by the Engineer-in-Charge. The minimum mixing time shall be 2 minutes.The minimum mixing time specified is based on average mixer performance.The Engineer-in-Charge will adjust the minimum mixing time as required by the observationsof the mix delivered from mixer. Excessive over mixing which require addition of water tomaintain the required concrete consistency will not be permitted.6.2.8 FormsGeneral: Forms shall be used wherever necessary, to confine the concrete and shape it to therequired lines. The bidder shall set and maintain concrete forms so as to insure completedwork is within the applicable to clearance limits prescribed in clause 10 of I.S 456-1978. If atype of form does not consistently perform in an acceptable manner, as determined by theEngineer-in-Charge, the type of form shall be changed and method of erection shall bemodified by the bidder subject to approval by the Engineer-in-Charge.Plumb and string lines shall be installed before, and maintained during concrete placement.Such lines shall be used by the bidder’s personnel and by the Engineer-in-Charge and shall bein sufficient number and properly installed as determined by the Engineer-in-Charge. Duringconcrete placement, the bidder shall continuously monitor plumb, and string line, formpositions and immediately correct deficiencies.Forms shall have sufficient strength to with stand the pressure resulting from placement andvibration of the concrete and shall be maintained rigidly in position. Where form vibrators are to140 Section VII. Works Requirements


e used, forms shall be sufficiently rigid to effectively transmit, energy, form the form vibratorsto the concrete, while not damaging or altering the positions of forms. Forms shall be sufficientlytight to prevent loss of mortar from the concrete. Chamfer strips shall be placed in the corners offorms and at the top of walls placements to produce leveled edges on permanently exposedconcrete surfaces. Interior angle of intersecting concrete surface and edges of construction jointsshall not be leveled except where indicated on the drawings.Suitable struts or stiffeners or ties shall be used for the form work wherever necessary. Allsupports, shall be braced and cross braced in two directions. All splices and braces shall besecured by bolting unless specially intended otherwise. All struts shall be firmly supportedagainst settlement and slipping by suitable means as directed. All supports shall be cut square atboth ends and firmly supported against settlement and slipping. When the form work is supportedon soils, planks, sleepers etc., shall be used to properly disperse the loads. In case, the supportsrest on already completed beam or slab, suitable props shall be provided under the latter.The form work shall be of well seasoned timber or steel. When timber forms are used, theyshall be lined with M.S sheet or other suitable smooth faced non-absorbent material as specified.Supports may be of timber or steel. Suitable wedges in pairs to facilitate adjustment andsubsequent releasing of forms shall be provided preferably at the upper end of the supports. Thedetails of the proposed form work and supports shall be submitted to the Engineer-in-Charge and got approved before erection.In case of columns, retaining walls or deep vertical component, the height of the column shallfacilitate any placement and compaction of concrete and suitable arrangement may be made forsecuring the form to the already poured concrete for placing the subsequent lifts. No steel ties orwires used for securing this form work shall be left exposed on the face of the finished work.Suitable inserts for block outs for electrical and other service fixtures where necessary shall beprovided in the required locations as specified.Cleaning and Oiling of Forms: At the time the concrete is placed informs, the surfaces of theforms shall be free from encrustation of mortar, grout or other foreign materials. Before concreteis placed, the surface of the forms shall be oiled with a commercial forms of oil.Removal of Forms: The stripping of form work shall be conform to clause 10.3 of I.S. 456-1978.The bidder shall be liable for damage and injury caused by removing forms before the concretehas gained sufficient strength. Forms on upper sloping faces of concrete such as forms on thewater sides of warped transitions, shall be removed as soon as the concrete has attained sufficient141 Section VII. Works Requirements


to prevent sagging. Any needed repairs or treatment required on such sloping surfaces shall beperformed at once and be followed immediately by the specified curing.To void excessive stresses in concrete that might result from swelling of forms, wood formsfor wall openings shall be loosened as soon as the loosening can be accomplished withoutdamaged to the concrete. Forms shall be removed with care so as to avoid injury to theconcrete, and any concrete so damaged shall be repaired in accordance with paragraph 6.2.16.Cost: The cost of furnishing all materials and performing all work for constructing forms,including any necessary treatment or coating of forms shall be included in the applicableprices bid in the schedule for the items of concrete for which the forms are used.6.2.9 Concrete Surface IrregularitiesSurface IrregularitiesGeneral :Bulges, depressions and offsets are defined as concrete surface irregularities. Concretesurface irregularities are classified as “abrupt” or “gradual” and are measured relative to theactual concrete surface.Abrupt Surface Irregularities:Abrupt surface irregularities are defined herein as offsets such as those caused by misplacedor loose forms, loose knots in form Lumber, or other similar forming faults. Abrupt surfaceirregularities are measured using a straight edge held firmly against the concrete surface overthe irregularity and the magnitude of the offset is determined by direct measurement.Gradual Surface Irregularities:Gradual surface irregularities are defined herein as bulges and depressions resulting ingradual changes on the concrete surface. Gradual surface irregularities are measured usinga suitable template conforming to the design profile of the concrete surface beingexamined. The magnitude of the gradual surface irregularities is defined herein as ameasure of the rate of change in slopes of the concrete surface. The surface irregularities shallnot exceed 6 mm for bottom slab and 12 mm for side slopes when tested with a straight edgeof 1.5 metres in length. The magnitude of gradual surface irregularities on concrete shall bechecked by the bidder to insure that the surfaces are within the specified to tolerances. TheEngineer-in-Charge will also make such checks to hardened concrete surfaces as determinednecessary to ensure compliance with these specifications.142 Section VII. Works Requirements


Repair of Hardened Concrete not within specified toleranceHardened concrete which is not within specified tolerances shall be repaired to bring it withinthose tolerances. Such repair shall be in accordance with paragraph 6.2.16 and shall beaccomplished in a manner approved by the Engineer-in-Charge. Concrete repair to bringconcrete within the tolerances shall be done only after consultation with a representative ofEngineer-in-Charge regarding the method of repair. The Government shall be notified as tothe time when repair will be performed.Concrete which will be exposed to public view shall be repaired in a manner which will resultin a concrete surface with a uniform appearance. Grinding of concrete surface exposed toview shall be limited in depth such that no aggregate particles are exposed to view shall belimited in a depth such that no aggregate particles are exposed more than 1.5 millimetres atthe finished surface. Where grinding causes exposure of aggregate particles greater than 1.5millimetres at the finished surface. Concrete shall be repaired by excavating and replacing theconcrete.Prevention of Repeated failure to meet tolerancesWhen concrete placements result in hardened concrete that does not meet the specifiedtolerances, the bidder shall submit to the Government an outline of all preventive actions suchas modification to forms, modified procedure for setting screeds, and different finishingtechniques to be implemented by the bidder to avoid repeated failures.The Government reserves the right to delay concrete placement until the bidder implementssuch preventive actions which are approved by the Engineer-in-Charge.1236.2.10 Reinforcing BarsGeneral: Reinforcing bars shall be placed in the concrete as shown in the drawings or asdirected.Materials: Unless shown otherwise on the drawings, the reinforcement to be used shall be orHigh Yield strength deformed (H.Y.S.D) bars of grade Fe-415 conforming to I.S.1786-1979 (IS. Specifications for High Yield strength deformed steel bars and wires forconcrete reinforcement).Placing: Reinforcement shall be bent and fixed in accordance with the procedure specified inI.S. 2502-1963 (code of practice for bending and fixing of bars for concrete reinforcement).All reinforcement shall be placed and maintained in the position shown in the drawings,143 Section VII. Works Requirements


splices shall be located where shown on the drawings provided that the location of the splicesmay be altered subject to the written approval of the Engineer-in-Charge.Subject to the written approval of the Engineer-in-Charge, the bidder may for hisconvenience, splice bars at additional locations other than those shown on the drawings.All additional splices allowed shall be at the expense of the bidder. In order to meet designand space limitation. On splicing, some bent bars may exceed usual clearance cutting andbending of such bars from stock lengths may be required at the site.Unless otherwise prescribed, placement dimensions shall be to the centre lines of the bars.Reinforcement will be inspected for compliance with requirements as to size, shape, length,splicing, position, and amount after it has been placed, but before being covered withconcrete.Before reinforcement is embedded in concrete, the surfaces of the bars and the surfaces ofany supports shall be cleaned of heavy flaky rust, loose mill scale, dirt, grease or otherforeign substances which in the opinion of the Engineer-in-Charge, are objectionable. Heavyflaky rust that can be removed by firm rubbing with burlap, or equivalent treatment isconsidered objectionable.As specified in Clause 11.3 of I.S. 456-1978 unless otherwise specified by the Engineer-in-Charge, reinforcement shall be placed within the following tolerances:a) For effective depth 200 mm or less - + 10 mmb) For effective depth more than 299 m - + 15 mmThe cover in no case be reduced by more than one third of specified over or 5 mm whicheveris less.Reinforcement shall be securely held in position so that it will not be displaced during theplacing of the concrete and special care shall be exercised to prevent any disturbance of thereinforcement in concrete that has already been placed. Welding of bars shall be done asdirected by the Engineer-in-Charge and in conformity with the requirements of clause 11.4 ofI.S 456-1978. Chairs, hangers, spacers and other supports for reinforcement shall be ofconcrete, metal or other approved material. Concrete over shall be as shown on the drawings.(d)Reinforcement DrawingsThe Government will supply drawings of reinforcement details and bar bending schedules foradoption.144 Section VII. Works Requirements


(e)Measurement and PaymentMeasurement for payment of reinforcement bars will be based on the weight of the barsplaced in the concrete in accordance with the drawings supplied by the Government whenconformance with these specifications drawings has been determined at the time ofembedment. Except as otherwise provided below, payment for furnishing and placingreinforcing bars will be made at the unit price per one kilogram bid in the bill of quantities forfurnishing and placing reinforcing bars which unit price shall include the cost of reinforcingbars, attaching wire ties or other approved supports and of cutting, bending, cleaning,securing and maintaining in position reinforcing bars as shown on the drawings.6.2.11 Preparation for PlacingGeneral: No concrete shall be placed until all form work, installation of items to beembedded, and preparation of surface involved in the placement have been approved.All surfaces of forms embedded materials shall be free from curing compound, dried mortarfrom previous placement, and other foreign substances before the adjacent or surroundingsconcrete placement is begun.Prior to beginning concrete placement, the bidder shall make ready, a sufficient number ofproperly operating vibrators and operators, and shall have readily available additionalvibrators to replace defective ones during the progress of the placement. The Engineer’srepresentative at the placement may require that the bidder delay the start of the concreteplacement until the number of working vibrators available is acceptable.(b)Foundation Surface: All surfaces upon or against which concrete is to be placed shall befree from frost, ice, water, mud and debris.Rock surfaces shall be free from oil, objectionable coatings, and loose, semidetached andunsound fragments. Immediately prior to placement of concrete, surfaces of rock shall bewashed with an air water jet and shall be brought to a uniform surface dry conditions.Earth foundation surfaces shall be wet to a depth of 15 cm. or to impermeable materialwhichever is less before concrete is placed.(c)Construction Joint: Construction joints are defined as concrete surface upon or againstwhich concrete is to be placed and to which new concrete is to adhere but which have becomeso rigid that the new concrete cannot be incorporated integrally which that previously placed.The provision of construction joints shall conform to clauses 12.4.1 and 12.4.2 of I.S. 456-1978.145 Section VII. Works Requirements


When the work has to be resumed on a surface which has hardened such surface shall beroughened. It shall be swept clean and thoroughly wetted. For vertical joints neat cementslurry shall be applied on the surface before it is dry. For horizontal joints the surface shall becovered with a layer of mortar about 10 to 15 mm thick composed of cement and sand in thesame ratio as the cement and sand in concrete mix. This layer of cement slurry or mortar shallbe freshly mixed and applied immediately before placing of the concrete.Where the concrete has not fully hardened all balance shall be removed by scrubbing the wetsurface with wire or bristle brushes, care being taken to avoid dislodgment of particles ofaggregate. The surface shall be thoroughly wetted and all free water removed. The surfaceshall then be coated with neat cement slurry. On this surface, a layer of concrete notexceeding 150 mm in thickness shall first be placed and shall be well rammed against oldwork, particular attention being paid to corners and close spots, and work thereafter shallproceed in the normal way.6.2.12 Placing:General: The Bidder shall notify the Engineer-in-Charge before batching begins forplacement of concrete. Placing shall be performed only in the presence of an authorizedEngineer’s representative. Placement shall not begin until after all preparations are completeto the satisfaction of the Engineer-in-Charge.All surfaces upon or against which concrete is to be placed shall be prepared in accordancewith paragraph 6.2.11.Retampering of concrete will not be permitted. Any concrete which has becomes so stiff thatproper placing cannot be assured shall be wasted.Concretes shall not be placed in standing water except with written permission of theEngineer-in-Charge and the method of placing shall be subject to approval. Concrete shall notbe placed in running water and shall not be subjected to running water until after the concretehas hardened.Concrete shall be deposited as nearly as practical in its final position and shall not be allowedto flow in such a manner that the lateral movement will cause segregation of the coarseaggregate from the concrete mass. Methods and equipment employed in depositing concreteinforms shall minimize clusters of coarse aggregate. Clusters that occur shall be scatteredbefore the concrete is vibrated.Forms shall be constantly monitored and their positionadjusted as necessary during concrete placement in accordance with paragraph 6.2.8.146 Section VII. Works Requirements


All concrete shall be placed in approximately horizontal layers. The depth of layers shall notexceed 25 cm. The Engineer-in-Charge reserves the right to require lesser depths of layerswhere concrete cannot otherwise be placed and consolidated in accordance with therequirements of these specifications. All construction joints which intersect exposed concretesurface shall be made straight and level to plumb as shown otherwise on the drawings.The placing of concrete shall be in accordance with clause 12.2 of I.S.456-1978.If concrete is placed monolithically around openings having vertical dimensions greater than60 cm. or if concrete in decks, floor slabs or other similar parts of structures is placedmonolithically with supporting concrete, the following requirements shall be strictlyobserved.Concrete shall be placed upto the top of the formed openings at which point furtherplacement will be delayed to accommodate settlement of fresh concrete. If levels arespecified beneath nearly horizontal structural members such as decks, floor slabs, beams andgirders, such bevels being between the nearly horizontal members and the vertical supportingconcrete below, concrete shall be placed to the bottom of the levels before delay ofplacement.The last 60 cm or more of concrete placed below horizontal members of levels shall beplaced with a 50 mm or less slump and shall be thoroughly consolidated.In placing concrete on unformed slopes so steep as to make internal vibration of the concreteimpractical without forming, the concrete shall be placed ahead of non-vibrating slip formscreed extending approximately 0.75 metres back from its leading edge. Concrete ahead ofthe slip form screed shall be consolidated by internal vibrators so as to insure complete fillingunder the slip form.A cold joint is an unplanned joint resulting when a concrete surface hardens before the nextbatch is placed against it. Cold joints will be allowed only in the event of equipmentbreakdown or other unavoidable prolonged interruption of continuous placing. If suchunavoidable delays in placing occur which make it appear that unconsolidated concrete mayharden to the extent that alter vibration will not fully consolidate it, the Bidder shallimmediately consolidate such concrete to a stable and uniform slope. If delay of placement isthen short enough to permit penetration of the underlying concrete, placement shall resumewith particular care being taken to thoroughly penetrate and reverberate the concrete surfaceplaced before the delay. If concrete cannot be penetrated with vibrator, the cold joint shall bethen treated as a construction joint.147 Section VII. Works Requirements


Care shall be taken to prevent cold joints when placing concrete in any part of the work. Theconcrete placing rate shall insure concrete is placed while the previously placed adjacentconcrete is plastic so that the concrete can be made monolithic by normal use of vibrators.Concrete shall not be placed in rain sufficiently heavy or prolonged to wash mortar fromconcrete. A cold joint may necessary result from prolonged heavy rainfall.The bidder shall not be entitled to any additional payment, over the unit prices bid in theschedule for concrete, by reason of any limitation in the placing of concrete required underthe provisions of this paragraph.b) TransportationThe transportation of concrete to clause 12.1 of I.S.456-1978.c) ConsolidationThe consolidation of concrete shall conform to clause 12.3 of I.S. 456-1978Concrete shall be consolidated by vibrators. The vibration shall be sufficient to remove theundesirable air voids from the concrete, including the air voids trapped against the forms.After consolidation, the concrete shall be free of rock pockets and honey bomb areas andshall be closed snugly against all surfaces of forms and embedded materials. All concreteshall be properly consolidated before it hardens.Except as hereinafter provided, consolidation of all concrete shall be by immersion typevibrators. Immersion type vibrators shall be operated in nearly vertical position and thevibrating head shall penetrate and reverberate the concrete in the upper portion of theunderlying layer. Care shall be exercised to avoid contact of the vibrating head withembedded items and with formed surfaces which will later be exposed to view. Concrete shallnot be placed upon either plastic concrete until the previously placed concrete has beenthoroughly consolidated.6.2.13 Finished and Finishing:The requirements for finishing of concrete surface shall be as specified in this paragraph,paragraph 6.2.9 or as otherwise indicated on the drawings. The bidder shall notify theEngineer-in-Charge before finishing concrete. Unless inspection is waived, in each specificcase, finishing of concrete shall be performed only when a Engineer’s representative ispresent. Finished concrete which is not within the specified tolerances shall be repaired inaccordance with paragraph 6.2.16.148 Section VII. Works Requirements


Interior surface shall be sloped for drainage where shown on the drawings or as directed.Surfaces which will be exposed to the weather, and which would normally be level, shall besloped for drainage.Floating may be performed by use of hand or power driver equipment. Floating shall bestarted as soon as the screeded surface has stiffened sufficiently and shall be the minimumnecessary to produce a surface that is free from screed marks and is uniform in texture. Jointsand edge shall be tooled where shown on the drawings or as directed.6.2.14 ProtectionThe bidder shall protect all concrete against damage until final acceptance by the Engineerin-Charge.The Bidder shall provide protection to prevent erosion to fresh concrete wheneverprecipitation either periodic or sustaining is imminent or occurring.When precipitation appears imminent, the bidder shall immediately make ready at theplacement site all materials, which may be required for protection of fresh concrete. TheEngineer-in-Charge may delay placement of concrete until adequate provisions for protectionagainst weather are made.All fresh concrete surfaces shall be protected from contamination and from foot traffic untilthe concrete has hardened. Hardened concrete surfaces which have to receive finish shall beprotected against damage from foot traffic and other construction activity by covering withprotective mats, ply-wood, or by other effective means. Methods of protection shall besubject to approval by the Engineer-in-Charge.Concrete curing membranes shall be kept intact, and other curing materials and process shallbe maintained as necessary to assure continuous curing for a minimum specified curing time.Protection of curing membranes and other curing methods shall be as described in paragraph6.2.15.6.2.15. Curinga) GeneralThe Bidder shall furnish all materials and perform all work required for curingconcrete. The curing of concrete shall conform to clause 12.5 to I.S. 456-1978 andclause 5.8. IS.. 3873 – 1978.The unformed top surfaces of bridges or culvert decks shall be cured for 28 days withdamp sand cover or curing mat cover. The sand or curing mats shall not be kept so wet as to149 Section VII. Works Requirements


allow water to drain from them and stain other concrete. The sand or curing mats shall beremoved after the expiry of the curing period.All concrete surfaces shall be treated as specified to prevent loss of moisture from theconcrete until the required curing period elapsed or until immediately prior toplacement of other concrete or back fill against those surfaces. Only sufficient time toprepare construction joint surfaces and to bring them to a surface dry condition shallbe allowed between discontinuance of curing and placement of adjacent concrete.Forms shall be removed within 24 hours after the concrete has hardened sufficientlyconforming to clause 10.3 of I.S. 456-1978, to prevent structural collapse or otherdamage by careful from removal. Where required, repair of all minor surfaceimperfections shall be made immediately after form removal and prior to curing.Minor surface repair shall be completed within 2 hours after from removal and shallbe immediately followed by the initiation of curing by the applicable methodspecified herein. Concrete surfaces shall be kept continuously moist after fromremoval until initiation of curing.b) Materials:Concrete cured with water shall be kept wet for atleast 28 days from the time theconcrete has obtained sufficient set to prevent detrimental effects to the concretesurfaces. The concrete surfaces to be cured shall be kept wet by covering them withwater-saturated material by using a system of perforated pipes, mechanical sprinklersor porous-hose, or by other methods which will keep all surfaces continuously (notperiodically) wet. All curing methods are subjected to approval of Engineer-in-Charge.c) Cost:The cost of furnishing all materials and performing all work for curing concrete shallbe included in the price bid in bill of quantities for the concrete on which theparticular curing methods are required.6.2.16. Repair of Concretea) GeneralConcrete shall be repaired in accordance with clause 5.7 to I.S. 3873-1978.Imperfections and irregularities on concrete surface shall be corrected in accordancewith paragraph 6.2.9 and clause 5.7. of I.S. 3873-1978.150 Section VII. Works Requirements


) Types of RepairAll repairs shall be made with concrete. Repairs to concrete surfaces and additionwere required shall be made by cutting regular opening into the concrete and placingfresh concrete to the required lines. The chipped openings shall be sharp and shall notbe less than 70mm in depth. The fresh concrete shall be reinforced and chipped andtrawled to the surface to the surface of the openings. The mortar shall be placed inlayers not more than 20 mm in thickness after being compacted and each layer shallbe compacted thoroughly. All exposed concrete surfaces shall be cleaned ofimpurities, lumps of mortar or grout and unsightly stains.c) CostThe cost of furnishing all materials and performing all work required in the repair ofconcrete shall be borne by the Bidder.6.3. Measurement of ConcreteMeasurement for payment of concrete required to be placed directly upon or against surfacesof excavation will be made to the lines for which payment for excavation is made.Measurement for payment of all concrete will be made to the neat lines of the structures,unless otherwise specifically shown on the drawings prescribed in these specification. Theunit of measurement will be cubic metre.In measuring concrete for payment, the volume of all openings, embedded pipes and metalwork, each of which is larger than 0.1 square metre in cross section will be deducted.6.4. Payment for ConcretePayment for concrete in the various parts of the work will be made at the applicable, unitprices bid therefore in the schedule, which unit price shall include the cost of furnishing allmaterials and performing all works required for the concrete construction, except thatpayment for furnishing and placing reinforcing bars will be made at the respective unit pricesbid therefore in the schedule.151 Section VII. Works Requirements


DIVISION-7MATERIALS REQUIRED FOR PIPELINE WORKS7.11.1 Pipes & Appurtenances :7.2 Pipes :The Pipes required to be supplied for the works shall conform to the following I.S.specifications depending upon the nature of material for pipe specified in the bid document.D.I. pipes – I.S. 8329 : 1977I.S. 4427 of 1996 for Blue MDPE pipesThe pipes supplied shall be subjected to all the tests specified in the relevant I.S.specifications before delivering at site and the manufacturer’s test certificate to this effectshall accompany each consignment delivered at site. In addition, the pipes shall be got testedby the Inspectorate of Director General of Supplies and Disposals at the manufacturer’sfactory site and the relevant test certificate shall also be produced along with eachconsignment. The charges for conducting the tests shall be borne by the bidder only and thesecharges are not reimbursable by the employer.A list of firms that are on the approved list of suppliers to the Department will be Suppliedon request. The bidder is at liberty to procure the pipes from any of the firms in theapproved list of suppliers but the responsibility for the pipes conforming to the relevant I.S.specifications shall solely rest with the bidder only.The bidder’s rates for relevant items shall include not only the cost of pipes and taxesthere on and testing charges but also the charges for transportation to site and all subsequenthandling and other incidental charges.7.3. Sluice Valves:The D.I. sluice valves to be supplied for use on the work shall conform to IS 14846and material shall conform to IS 1865 and subsequent revision and contain the I.S.certification mark. The valves shall be of non-rising inside screw type; provided with D.I. capor wheel as the case may be and valve key rod.152 Section VII. Works Requirements


7.3.1 Butterfly ValvesButterfly valves shall comply with IS 13095 and be of double flanged or water patternwith metal or resilient seating and D.I. body.Valve shall be drop tight at closure and be designated for drop tight shut-off of flow. Theapplicable tests in IS 13095 shall be applied at works to each butterfly valve.The body end parts shall be circular and the diameter not less than that of the nominal boreof taper pieces.The disc shall be in ductile cast iron with resilient seating ring in molded rubber or othermaterial to the approval of the Engineer located in a landing on the disc and secured by agunmetal retaining ring fixed with screws made from homogenous corrosion-resistantmaterial.Shaft-stainless Steel to IS 6603Sealing Ring: Resilient or suitably approved equivalentRetaining Ring & Seat: Stainless Steel IS 6603The Contractor will ensure that the Butterfly Valve gearing provides sufficient closure time ofthe valve, to minimize the development of water hammer pressure. As a minimumprovision, the gearing shall provide the time of closure to ensure at least two pressurewaves reflections are accommodated within the time of closure. The above provision shallnot absolve the Contractor in ensuring the providing valve having suitable time to ensureminimization of water hammer pressure.The valve shall be made by reputed manufacturer and the Contractor shall providedocumentary proof of the satisfactory performance of the valves not less than 10 years incontinuous service.7.3.2 Proof of Design TestFor acceptance of the make of the Butterfly valves by the Engineer, the Contractorshall furnish a certified statement (by recognized institution or laboratory) that proof ofdesign test were carried out as described in IS 13095 and all requirements weresuccessfully met.153 Section VII. Works Requirements


7.4. Air Valves:Air valves shall be single or double orifice pattern as specified with ductile cast ironbodies. The inlet flanges shall be faced or drilled in accordance with IS 14845 to theappropriate diameter and the pressure rating of the pipeline concerned.The valve shall be capable of releasing air from the pipeline without restriction of rate offilling or flow due to back pressure and also to allow admission of air during pipelineemptying at a rate sufficient to prevent excessive depression of pressure in the pipe.Valves shall be designed to prevent the operating element being in contract with the pipelineliquid by approved means such as the provision of an auxiliary float chamber sufficientlylarge to isolate the orifice valves and seats throughout the rated operational range.Air valves shall be fitted with separate isolating sluice valve which shall be drop tight onclosure and shall comply with the specification of sluice valves elsewhere herein andgearing shall be provided necessary to facilitate operation.Air valves shall be of a design which inhabits the entry of insects into the pipeline.All air relief valve and associated isolating valves shall be works tested and capable ofwithstanding the test pressures specified above for valves generally.All materials used in the manufacture of the valves shall conform to IS 14845.Triple cluster air valves shall be of combined small and large orifice valve pattern. Theassembly shall be provided with a 12mm. tapping for draining purposes and the appingshall be closed with a brass screw plug.The design of the valve shall be such that there is no possibility of the ball of the large orificebeing suddenly caught up in the escaping air stream during the filling of water main at highrates thereby closing the valve prematurely. The diameter of the balls in each unit of airvalve shall be suitable for operating under the specified rated pressure. The minimumdiameter of ball within the small orifice chamber shall be 25mm.For each triple cluster air valves location on large-diameter pipeline, the pipeline diameterand the physical features as shown on the drawings governing the maximum possible rateof air entry shall be taken into account by the Contractor when offering the air valve. Thesize of the air valve provided for each location shall be such that air valve provided for eachlocation shall be such that air can be admitted at the rate necessary to prevent a vacuum154 Section VII. Works Requirements


developing when any washout is opened or when a burst occurs at a critical point. TheContractor shall provide attested experimental data to confirm the adequacy of the airvalves offered. For guidance; the capacity of inflow & outflow of air though Air Valve may beabout 240 and 470 m3 / min. respectively.7.5. Pressure-Reducing ValvesPressure-reducing valves (PRVs) shall be of the pressure compensated globe type,piston or diaphragm operated, complete with external hydraulic relay system and designedto reduce a variable inlet pressure to a pre determined constant outlet pressure at varyingflows. The controlling pressure point shall either be at the valve or at a point in thedistribution network some distance from the valve. Valves shall be drop tight under no flowconditions.Valve operation shall be achieved by the interaction of the inlet pressure, outlet pressureand an intermediate pressure produced by a pilot valve or relay system acting on theupstream side of the main valve. The relay control system shall consist of a hydraulic relayunit, orifice and strainer block, control valves and interconnecting small bore piping. Therelay valve shall be manufactured completely in 316 stainless steel and shall consist ofdiaphragm, diaphragm guide, support piston, spindle, etc.The orifice/strainer unit shall have a body and internals of stainless steel. The pressuresetting control valves and control piping shall be constructed in 316 stainless steel. Thevalve shall be designed such that the hydraulic relay system can be inspected, maintainedor replaced without isolating the supply. All necessary repairs to the valve shall be possiblewithout removing the valve from the line.The pressure setting shall be capable of being adjusted on site by the use of an adjusted onsite by the use of an adjustment screw to alter the compression of the spring. The openingand closing speeds shall also be field adjustable by adjusting the flow regulation screw. Thevalves shall be capable of being fully opened or fully closed by respective opening andclosing of upstream and downstream ground cocks.The valves shall be designed to provide the necessary loss of head and shalloperate without hunting. The valve mechanism shall be piston operated, controlled from aservo diaphragm actuated by an adjustable spring balance relay comparing pressuregenerated across an integral orifice plate.155 Section VII. Works Requirements


The valve be coated internally and externally with a fusion bonded epoxy coatingsystem to 300 microns dry film thickness, the internal coating material shall be suitable forpotable water use, the valve being provided with the necessary certification.Nominal pressures will be PN 16 or higher pressures as otherwise indicated.Body ends shall be flanged and drilled to BS 4504, PN 16 or for the higher operatingpressure indicated.Valve materials shall be as follows :Body and cover - cast iron or ductile ironInternal valve - 316 stainless steelRelay valve - 316 stainless steelValve parts and fittings - 316 stainless steelTrims, ported guide and seating - gunmetal to BS 1400 LG2CDiaphragm, seating or plunger - reinforced synthetic rubberLoading spring (if employed) - spring steelCylinder weights (if employed) - cast iron or ductile ironIndicating rod - 316 stainless steelPiston - 316 stainless steelValves shall be factory tested, and supplied with a test certificate indicating the valve serialnumber and the set pressure.7.4 Tee-keys spindles :The Contractor shall supply tee-keys of square form head.Tee-keys shall be of mild steel and shall have uprights between 1000 and 1200 mmlong and cross pieces between 600 and 800 mm long. Spindles shall be of galvanized mildsteel, and fixed in secure galvanized steel trunnions secured to chamber walls by adequategalvanized hexagon raw bolts.Extension spindles shall be provided of sufficient length to enable washout tees on largediameter pipeline to be operated by a person standing on the roof of the chamber.7.5. Pig Lead:The Pig Lead to be used shall conform to I.S. 782 of 1978.156 Section VII. Works Requirements


7.6. Hemp Yarn: The Hemp Yarn to be used in jointing of various types of pipes shall conformto I.S. 6587 of 1966.7.7. Rubber Insertion:The Rubber Insertion to be used for jointing double flanged pipes shall conform to I.S. 638 of1955.7.8. Bolts and Nuts:The Bolts and Nuts to be used for jointing the D.I. double flanged pipes shall conform to I.S.1363-1967.7.9. FRP Manhole Framers and Covers:The FRP Manhole frames and coves to be used shall conform to relevant I.S. specifications.157 Section VII. Works Requirements


DIVISION-8LAYING AND JOINTING OF PIPELINES8.1 PipesThe contract envisages civil works namely excavation of earth, laying, jointing and testing ofpipelines and construction of masonry pits including fixing of valves such as sluice valves,scour valves, double air valves and surface boxes and auxiliary specials required for differenttypes of pipe viz., HDPE Pipes C.I. / D.I. spun pipes with socket and spigot ends or flangedends of different diameters.8.2. MaterialsThe materials used shall conform to the relevant specifications mentioned in Division-7.The surplus materials if any, left over due to additional purchase against possible breakagesetc. will not be takeover by the department and payment will be restricted to the materialsactually used on work.8.3. Trench WorkThe trenches shall be so dug that the pipes may be laid to the required alignment gradient anddepth. The width of trench above pipeline level shall be as small as possible but providesufficient space necessary for jointing pipes. The walls of trenches shall be cut according tothe slopes mentioned in relevant I.S. specifications. The trenches shall be kept free fromwater while laying and jointing the pipes and specials.The relevant clauses that govern the trench work and preparation of base for laying of D.I.Pipes as per IS:12288 : 19878.4. Handling and Laying of PipesReasonable care shall be exercised in Loading, Transporting and Unloading of pipes andspecials. The pipes shall be lowered into the trench carefully and shall be laid true toalignment and gradient as specified and as per instructions of the Engineer-in-Charge.The sections of the pipe shall be jointed together in such a manner that there shall be as littleunevenness as possible along inside of the pipes. Necessary precautions shall be taken whilelaying as per I.S. specifications for D.I. Pipe IS 12288 :1987158 Section VII. Works Requirements


8.5. JointingBefore commencing jointing, the pipes shall be cleaned, the joints and the ends of the pipesshall be cleaned, preferably with a hard wire brash to remove loose particles. Where jointingis done using rubber ring, care should be taken to see that the rubber ring does not get twistedor deformed while pushing the ring into position.8.6. Anchor and Thrust BlocksThrust blocks, shall be provided wherever necessary to transmit hydraulic pressure as laiddown in the relevant I.S. specification. Where the hydraulic thrust is in an upward direction,anchor blocks of sufficient weight shall be provided, to which the pipes shall be secured withsteel strips.8.7. TestingAfter the pipes are laid and jointed as mentioned in 8.3.and 8.4. above, the pipe lines are to besubjected to hydrostatic pressure test. The procedure for conducting the hydrostatic pressuretest is detailed in the relevant I.S. specifications for D.I. pipes as per Clause 6 of I.S. 3114 of1985.In portions of the pipelines, where the pipes have developed cracks or sweating, such pipesshall be removed and re-laid with new pipes and the pipelines re-tested to the entiresatisfaction of the Engineer-in-Charge. No extra payment will be made on this account. Thebidder has to make his own arrangement for procurement of the required testing apparatus.The pressure gauge used with the testing apparatus shall be subjected to such test as theEngineer-in-Charge deems fit to ensure the accuracy of the gauge.8.8. Appurtenant WorksAll the valves should be checked before fixing in position to verify whether they are closingand opening freely or not. Masonry pits for enclosing the sluice valves, scour valve, anddouble air valves are to be constructed after fixing the valves in position at the locationsshown in the drawings contained in bid documents. The earth work excavation, laying ofplain cement concrete, construction of brick masonry and plastering, laying R.C.C. coverslabs shall conform to the relevant specifications contained in this volume. Fixing of valvesand the specials shall conform to I.S. 3114 of 1965 and as specified in the drawingsappended. The pits should be cleaned and surroundings leveled with excavated earth and thebid price shall include cost of all these operations.159 Section VII. Works Requirements


8.9. RefillingAfter the pipelines are laid, jointed and tested in conformity to the relevant I.S. specificationsand to the satisfaction of Engineer-in-Charge the pipeline trenches should be refilled withexcavated earth in layers of 6 inches. The clods should be broken, sufficiently watered andconsolidated. The surface should be brought to the original condition by using the excavatedmaterial to the extent possible and using additional quantities of gravel and metal as the casemay be. The extra earth after bringing back to the original condition should be disposed of asstipulated in paragraph 2.4.160 Section VII. Works Requirements


DIVISION-9DUCTILE IRON PIPES FOR WATER SUPPLY9.1 ScopeThis specification covers the requirements for manufacturing, testing, supplying, jointing andtesting at work site Ductile iron pipes and fittings used for water conveyance.9.2 Applicable CodesThe manufacturing testing, supplying, jointing and testing at work sites of Ductile Iron pipesand fittings shall comply with all currently applicable statutes, regulations, standards andcodes. In particular, the following standards, unless specified herein shall be referred. In allcases, the latest revision of the codes shall be referred to. If requirements of specificationsconflict with the requirements of the codes and standards, this specification shall govern.9.3 MaterialsIS: 8329 Specification for Centrifugally Cast (spun) Ductile Iron pressure pipes for water, gasand sewage specification.IS: 638 Sheet rubber jointing and rubber insertion jointing.IS: 1387 General requirements for supply of metallurgical materials.IS: 1500 Methods for Brinell hardness test for metallic materials.IS:9523 Ductile Iron fittings for pressure pipes for water, gas and sewage.IS: 12820 Dimensional requirement., of rubber gaskets for mechanical Joints and push onjoints for use with cast Iron pipes and fittings for carrying water, gas and sewage. ISO: 4179Ductile iron pipes for pressure and non-pressure-Centrifugal cement mortar lining – Generalrequirements. ISO: 2531 Ductile iron pipes, fitting and accessories for pressure pipe lines.Code of PracticeIS: 12288 - Code of practice for use & laying of Ductile iron pipes.9.4 Manufacturing9.4.1 GeneralDI pipes and DI fittings shall be systematically checked for any manufacturing defects byexperienced supervisors and a very high standard quality shall be maintained. Owner /Engineer shall at all reasonable times have free access to the place where the pipes andfittings are manufactured for the purpose of examining and testing the pipes and fittings and161 Section VII. Works Requirements


for witnessing the test and manufacturing. All tests specified either in this specification or inthe relevant Indian Standards shall be performed by the supplier/contractor at his own costand in presence of Owner/Engineer if desired. For this, sufficient notice before, testing of thepipes and fittings shall be given to Owner/Engineer. If the test is foundunsatisfactory,Owner/Engineer may reject any or all pipes and fittings of that lot. The decision ofOwner/Engineer in this matter shall be final and binding of the contractor and not subject toany arbitration or appeal.9.4.2 MaterialsThe general requirements relating to the supply of material shall be as per IS:1387. Thematerial for DI fittings shall conform to IS:9523.9.4.3 DimensionsThe internal diameter, thickness and length of barrel, dimensions of pipes and fittings shallbe as per the relevant tables of IS.8329/IS:9523 for different class of pipes and fittings. Thetolerances for pipes and fittings regarding dimensions and deviations from straight line incase of pipes shall be as per relevant IS codes. The standard weight of uncoated pipes andfittings and the permissible tolerances shall be per relevant IS codes.9.4.4 Workmanship and FinishThe pipes and fittings shall be stripped, with all precautions necessary to avoid warping orshrinking defects. The pipes and fittings shall be free from defects, other than anyunavoidable surface imperfections which result from the method of manufacture and whichdo not affect the use of the pipes in the opinion of Engineer. The pipes and fittings shall besuch that they could be cut, drilled or machined. The hardness of the external un-machinedsurface shall not exceed 230 HBS. In the case of spigot and socket pipes and fittings forlead joints, the socket shall be without the centering ring. In the case of flanged pipes theflanges shall be at the right angles to the axis of the pipe and machined on face. The boltholes shall be drilled and located symmetrically off the center line. The bolt hole circle shallbe eccentric with the bore and bolt holes equally spaced. The flanges shall be integrally castwith the pipes and fittings and the two flanges of the pipes shall he correctly aligned.9.5 Testing9.5.1 Mechanical TestsMechanical tests shall be carried out during manufacture of pipes and fittings as specified inrelevant IS codes. The results so obtained shall be considered to represent all the pipes and162 Section VII. Works Requirements


fittings of different sizes manufactured during that period and the same shall be submitted toOwner/Engineer. The method for tensile tests and the minimum tensile strength requirementfor pipes and fittings shall be as per relevant IS codes.9.5.2 Brinell Hardness TestFor checking the Brinell hardness, the test shall be carried out on the test ring or bars cutfrom the pipes used for the ring test and tensile test in accordance with IS 1500.9.5.3 RetestsIf any test piece representing a lot fails in the first instance, two additional tests shall bemade on test pieces selected from two other pipes from the same lot. If both the test resultssatisfy the specified requirements, the lot shall be accepted. Should either of theseadditional test pieces fail to pass the test, the lot shall be liable for rejection.9.5.4 Hydrostatic TestFor hydrostatic test at factory, the pipes and fittings shall be kept under test pressure asspecified in relevant IS codes for 15 seconds, shall be struck moderately with a 700 ghammer for conformation of satisfactory sound. They shall withstand the pressure testwithout showing any leakage sweating, or other defect of any kind. The hydrostatic test shallbe conducted before coating the pipes and fittings.9.6 CoatingCoating shall not be applied to any pipe and fittings unless its surface is clean dry and freefrom rust. All DI pipes and DI fittings shall be mortar lined on internal surface as specified inIS: 4179.9.7 MarkingEach pipe and fitting shall have cast stamped or indelibly painted on it with the followingappropriate marks:a) The nominal diameter.b) Class reference.c) Mass of pipe.d) Date of' manufacture ande) Manufacturer's name, initials or identification mark. Marking shall be done as perrelevant IS Code.163 Section VII. Works Requirements


9.8 Fittings9.8.1 Dimensional and other requirement for fittings for specified Diameter shall conform tothe details given in tables 15 to 31 section 3 of the IS specification code IS: 9523: 2000.9.8.2 HYDROSTATIC TEST – For hydrostatic test at factory, the fittings shall be keptunder pressure for 10 seconds. They shall withstand the pressure test without showing anysign of leakage, sweating or other defect of any kind. The test shall be conducted before theapplication of surface coating.9.8.3 The fittings shall withstand the hydrostatic pressure given in Table.9.8-1 Hydrostatictest pressure for castingsTable 9.8-1 (Refer Table No. 2 IS 9523-2000)Nominal Diameter DN (mm)Hydrostatic Test Pressure atworks, MPaUp to and including 300 2.5Over 300 and up to and including 600 1.6Over 600 and up to and including20009.8.4 Tolerances: The tolerance on dimensions of barrel and socket for push-on-jointfittings shall be as given in Table 9.8-2Table 9.8-2: Tolerance on dimensions of barrel and socket for push-on-joint fittings(Refer Table No. 3 IS 9523-2000)NominalDiameterExternal Diameter DE1.0Wall Thickness mmDN Nominal Tolerance K12 K14Tolerance(1) (2) (3) (4) (5) (6)80 98 +1/-2.7 7.0 8.1 -2.38100 118 +1/-2.8 7.2 8.4 -2.40125 144 +1/-2.8 7.5 8.7 -2.42150 170 +1/-2.9 7.8 9.1 -2.45200 222 +1/-3.0 8.4 9.5 -2.50250 274 +1/-3.1 9.0 10.5 -2.55300 326 +1/-3.3 9.6 11.2 -2.60350 378 +1/-3.4 10.2 11.9 -2.65400 429 +1/-3.5 10.8 12.6 -2.70450 480 +1/-3.6 11.4 13.3 -2.75500 532 +1/-3.8 12.0 14.0 -2.80600 635 +1/-4.0 13.2 15.4 -2.90164 Section VII. Works Requirements


700 738 +1/-4.3 14.4 16.8 -3.00750 790 +1/-4.4 15.0 17.5 -3.05800 842 +1/-4.5 15.6 18.2 -3.10900 945 +1/-4.8 16.8 19.6 -3.201000 1048 +1/-5.0 18.0 21.0 -3.30Tolerances for the various dimensions of flanges shall be as given in Tables 9.8-3 and 9.8-4Table 9.8-3: Dimensions of standard Flange Drilling for Flange Fittings PN 10(Refer Table No. 4 IS 9523-2000) (in mm)NominalDiameterDimensions of flangeHolesDia ofHolesBolt Size,MetricDND (outer bdia) (Thickness)No. Dia (d)80 200 16 4 19 M16100 220 16 8 19 M16125 250 16 8 19 M16150 285 16 8 23 M20200 340 17 8 23 M20250 395 19 12 23 M20300 445 20.5 12 23 M20350 505 20.5 16 23 M20400 565 20.5 16 28 M24450 615 21 20 28 M24500 670 22.5 20 28 M24600 780 25 20 31 M27700 895 27.5 24 31 M27750 960 29 24 31 M27800 1015 30 24 34 M30900 1115 32.5 28 34 M301000 1230 35 28 37 M33Table 9.8-4: Dimensions of standard Flange Drilling for flange fittings PN 16(Refer Table No. 5 IS 9523-2000) (in mm)NominalOuter Diameter Holes Bolt Size, MetricDiameterDN D No. Dia (d)80 200 8 19 M16100 220 8 19 M16125 250 8 19 M16150 285 8 23 M20200 340 12 23 M20250 400 12 28 M24300 455 12 28 M24165 Section VII. Works Requirements


350 520 16 28 M24400 580 16 31 M27450 640 20 31 M27500 715 20 34 M30600 840 20 37 M33700 910 24 37 M33750 970 24 37 M33800 1025 24 40 M36900 1125 28 40 M361000 1255 28 43 M39Lengths of Fittings The permissible deviations on the lengths of fittings shall be as per Table9.8-5.Table 9.8-5: Deviation on Lengths of Fittings(Refer Table No. 14 IS 9523-2000)Types of fittingsnominal DiameterDN mmDeviation in L & HmmFlange socket,Flanged Spigot,80 to 1200 ±25Collars, tapersTees 80 to 1200 ± 50/-25Bends 90º (1/4) 80 to 2000 ± (15 + 0.03 DN)Bends 45º (1/8) 80 to 2000 ± (10 + 0.025 DN)Bends 20º (30) and11º (15)80 to 1200 ± (10 + 0.02 DN)9.8.5 MarkingEach fitting shall have as cast, stamped or indelibly painted on it, the following appropriatemarks.(a) Indication of the source of manufacture.(b) The nominal diameter(c) The last two digits of the year of manufacture.(d) PN rating of flanges when applicable, and(e) Any other mark required by the purchaser.Marking may be done on the barrel of castings or on the outside of the sockets. BISCertification marking.The fittings may also be marked with the Standard Mark.The use of the Standard Mark is governed by the provisions of the Bureau of IndianStandards Act, 1986 and the Rules and Regulations made there under. The details ofconditions under which the license for the use of the Standard Mark may be granted tomanufacturers or producers may be obtained from the Bureau of Indian Standards.166 Section VII. Works Requirements


9.9 Jointing9.9.1 GeneralJointing of DI pipes and fittings shall be done as per the requirements of specifications andas per the relevant IS code. After jointing, extraneous material, if any, shall be removed fromthe inside of the pipe. In case, rubber sealing rings/gaskets are used for Jointing these shallconform relevant IS codes and shall be of such type as mentioned in 'Data Sheet- A’.9.9.2 Spigot And Socket PipesThe Spigot and socket pipes and DI fittings shall have push on joints as specified in IS code/as recommended by manufacturer. The gaskets/sealant used for push on joints/flangedjoints shall be suitable for water conveyance. In jointing Ductile iron spigot and socket pipesand fittings with tyton flexible joints the contractor shall take into account the manufacturer'srecommendations as to the methods and equipment to be used in assembling the joints. Inparticular the Contractor shall ensure that the spigot end of the pipe to be jointed is smoothand has been properly chamfered, that the rubber ring as per relevant IS code is correctlypositioned in line, before the joint is made. The rubber rings and any recommended lubricantshall be obtained only through the pipe supplier or as otherwise directed by engineer.9.9.3 Flanged PipesThe gaskets used between flanges of pipes shall be compressed fibre board ornatural/synthetic rubber conforming to IS:638-1955 of thickness between 1.5 to 3 mmsuitable for water conveyance and as specified by manufacturer. The fibre board shall beimpregnated with chemically neutral mineral oil and shall have a smooth and hard surface.Its weight per square metre shall be not less than 112 g/mm thickness. Each bolt should betightened a little at a time taking care to tighten diametrically opposite bolts alternatively. Thepractice of fully tightening the bolts one after another is highly undesirable. The bolts shallbe of mild steel unless otherwise specified. They shall be coated with coal tar epoxy coatingafter tightening.The Bolts and Nuts to be used for jointing the D.I. double flanged pipes shallconform to I.S. 1363-1967.9.10 Cleaning of Pipes and FittingsContractor shall ascertain that each stretch of pipeline is absolutely clear and without anyobstruction by means of visual examination of the interior of pipeline suitably lighted byprojected sunlight or otherwise. The open end of an incomplete stretch of pipeline shall be167 Section VII. Works Requirements


securely closed as may be directed by Owner/Engineer to prevent entry of mud or silt etc. Ifas a result of the removal of any obstructions Owner/Engineer considers that damages mayhave been caused to the pipeline, he shall be entitled to order the stretch to be testedimmediately. Should such test prove unsatisfactory, contractor shall amend the work andcarry out such further tests as are required by Owner / Engineer.9.11 Testing at Work SiteAfter the pipes and fittings are laid, jointed and the trench partially backfilled except at thejoints the stretch of pipe line as directed by Engineer shall be subjected to pressure test andleakage test as per relevant BIS codes. Where any section of the pipeline is provided withconcrete thrust blocks or anchorages, the pressure test shall not be made until at least fivedays have elapsed after the concrete was cast. If rapid hardening cement has been used inthese blocks or anchorages, the tests shall not be made until atleast two days, haveelapsed. Each section of' the pipe line shall be slowly filled with water and all air shall beexpelled from the pipe by tapping at points of highest elevation before the test is madeplugs inserted after the tests have been completed.The duration of test shall be 8 hours. No pipe installation shall be accepted until the leakageis less than the number cm3/hr as determined by the formula:Where,QL =ND √ P3.3QL = the allowable leakage in cm3/hrN = number of joints in the length of the pipeline.D = diameter in mm, andP = the average test pressure during the leakage test inkg/cm2Should any test of pipe laid indicate leakage greater than that specified above, the defectivejoints shall be repaired by Contractor at no extra cost to Owner/Engineer until the leakage iswithin the specified allowance. Necessary equipment and water used for testing shall bearranged by Contractor at his own cost. Damage during testing shall be Contractor'sresponsibility and shall be rectified by him at no extra cost to Owner/Engineer. Water usedfor testing shall be removed from the pipe and not released in the excavated trenches. Afterthe tests mentioned above are completed to the satisfaction of Owner/Engineer, thebackfilling of trenches shall be done as per specifications in layers.168 Section VII. Works Requirements


9.12 MeasurementAll pipes shall be measured according to the work actually done and no allowance will bemade for any waste in cutting to the exact length required. Pipes and fittings shall bedescribed by their internal diameter and length measured in running meters. Themeasurement shall be taken along the centre line of pipe excluding fittings which shall bemeasured separately. The lengths of pipes shall not include the portion of spigots within thesockets of fittings and pipes.The rate for providing, laying and jointing of DI pipes and fittings shall be deemed to includethe cost of jointing material and testing at work site.NotesIf any damage is caused to the pipeline during the execution of work or whilecleaning./testing the pipeline as specified, Contractor shall he held responsible for the sameand shall replace the damaged pipeline and retest the same at his own cost of the fullsatisfaction of Engineer. Water for testing of pipeline shall be arranged by Contractor at hisown cost.9.13 Laying and Jointing of pipes9.13.1 PipesThe contract envisages civil works namely excavation of earth, laying, jointing and testing ofpipelines and construction of valve chambers including fixing of valves such as sluicevalves, scour valves, double air valves and auxiliary specials required for D.I. spun pipeswith socket and spigot ends or flanged ends of different diameters.9.13.2 MaterialsThe surplus materials if any, left over due to additional purchase against possible breakagesetc. will not be takeover by the department and payment will be restricted to the materialsactually used on work.9.13.3 Trench WorkThe trenches shall be so dug that the pipes may be laid to the required alignment gradientand depth. The width of trench above pipeline level shall be as small as possible but providesufficient space necessary for jointing pipes. The walls of trenches shall be cut according tothe slopes mentioned in relevant I.S. specifications. The trenches shall be kept free fromwater while laying and jointing the pipes and specials.169 Section VII. Works Requirements


The relevant clauses of IS 12288:1987 govern the trench work and preparation of base forlaying of DI pipes.9.13.4 Handling and Laying of PipesReasonable care shall be exercised in Loading, Transporting and Unloading of pipes andspecials. The pipes shall be lowered into the trench carefully and shall be laid true toalignment and gradient as specified and as per instructions of the Engineer-in-Charge.The sections of the pipe shall be jointed together in such a manner that there shall be aslittle unevenness as possible along inside of the pipes. Necessary precautions shall betaken while laying as per the relevant I.S. specifications.9.13.5. JointingBefore commencing jointing, the pipes shall be cleaned, the joints and the ends of the pipesshall be cleaned, preferably with a hard wire brash to remove loose particles. Wherejointing is done using rubber ring, care should be taken to see that the rubber ring does notget twisted or deformed while pushing the ring into position. The jointing of pipes shallconform to the requirements of the relevant I.S. specifications.9.13.6 Anchor and Thrust BlocksThrust blocks, shall be provided as per drawings and BOQ to transmit hydraulic pressure aslaid down in the relevant I.S. specification. Where the hydraulic thrust is in an upwarddirection, anchor blocks of sufficient weight shall be provided, to which the pipes shall besecured with steel strips.9.14 TestingAfter the pipes are laid and jointed , the pipe lines are to be subjected to hydrostaticpressure test. The procedure for conducting the hydrostatic pressure test shall be asdetailed in the I.S. 3114 of 1985for D.I. pipes.In portions of the pipelines, where the pipes have developed cracks or sweating, such pipesshall be removed and re-laid with new pipes and the pipelines re-tested to the entiresatisfaction of the Engineer-in-Charge. No extra payment will be made on this account. Thebidder has to make his own arrangement for procurement of the required testing apparatus.The pressure gauge used with the testing apparatus shall be subjected to such test as theEngineer-in-Charge deems fit to ensure the accuracy of the gauge.170 Section VII. Works Requirements


9.15 Appurtenant Works9.15.1 GeneralAll the valves should be checked before fixing in position to verify whether they are closingand opening freely or not. Valve chambers for enclosing the sluice valves, scour valve, anddouble air valves are to be constructed after fixing the valves in position at the locationsshown in the drawings contained in bid documents. The earth work excavation, laying ofplain cement concrete, construction of brick masonry and plastering, laying R.C.C. coverslabs shall conform to the relevant specifications contained in this volume. Fixing of valvesand the specials shall conform to I.S. 3114 of 1965 and as specified in the drawingsappended. The pits should be cleaned and surroundings leveled with excavated earth andthe bid price shall include cost of all these operations.This specification covers the specifications for various appurtenances on Ductile Iron watertransmission mains.Applicable Codes and SpecificationsThe following specifications, standards and codes, including all officialamendments/revisions and other specifications and codes referred to therein, should beconsidered a part of the specification.1) IS:27 Pig Lead.2) IS:210 Grey Iron Castings.3) IS:8329 Centrifugally cast (spun) Ductile Iron pressure pipe for water, gas and Sewage.4) IS:14846 Specification for sluice valves for water works purposes (50 to 1200 mm size).5) IS:1537 Vertically cast iron pressure pipes for water, gas and sewage6) IS:1538 Cast Iron fittings for pressure pipes for water, gas and sewage7) IS:1364 Specification for hexagonal head bolts, (Part1 screws and nuts of product gradesA& B to 5) (Size range M1.6 to M64)9.15.2 Sluice Valves:The D.I. sluice valves to be supplied for use on the work shall conform to IS 14846 andmaterial shall conform to IIS 1865 and subsequent revision and contain the I.S. certificationmark. The valves shall be of non-rising inside screw type; provided with D.I. cap orwheel as the case may be and valve key rod. The other conditions contained in paragraphsabove shall be applicable to the sluice valves also.171 Section VII. Works Requirements


9.15.3 Butterfly ValvesButterfly valves shall comply with IS 13095 and be of double flanged or water patternwith metal or resilient seating and D.I. body.Valve shall be drop tight at closure and be designated for drop tight shut-off of flow. Theapplicable tests in IS 13095 shall be applied at works to each butterfly valve.The body end parts shall be circular and the diameter not less than that of the nominal boreof taper pieces.The disc shall be in ductile cast iron with resilient seating ring in molded rubber or othermaterial to the approval of the Engineer located in a landing on the disc and secured by agunmetal retaining ring fixed with screws made from homogenous corrosion-resistantmaterial.Shaft-stainless Steel to IS 6603Sealing Ring: Resilient or suitably approved equivalentRetaining Ring & Seat: Stainless Steel IS 6603The Contractor will ensure that the Butterfly Valve gearing provides sufficient closure time ofthe valve, to minimize the development of water hammer pressure. As a minimumprovision, the gearing shall provide the time of closure to ensure at least two pressurewaves reflections are accommodated within the time of closure. The above provision shallnot absolve the Contractor in ensuring the providing valve having suitable time to ensureminimization of water hammer pressure.The valve shall be made by reputed manufacturer and the Contractor shall providedocumentary proof of the satisfactory performance of the valves not less than 10 years incontinuous service.9.15.4 Pressure-Reducing ValvesPressure-reducing valves (PRVs) shall be of the pressure compensated globe type,piston or diaphragm operated, complete with external hydraulic relay system and designedto reduce a variable inlet pressure to a pre determined constant outlet pressure at varyingflows. The controlling pressure point shall either be at the valve or at a point in thedistribution network some distance from the valve. Valves shall be drop tight under no flowconditions.172 Section VII. Works Requirements


Valve operation shall be achieved by the interaction of the inlet pressure, outlet pressureand an intermediate pressure produced by a pilot valve or relay system acting on theupstream side of the main valve. The relay control system shall consist of a hydraulic relayunit, orifice and strainer block, control valves and interconnecting small bore piping. Therelay valve shall be manufactured completely in 316 stainless steel and shall consist ofdiaphragm, diaphragm guide, support piston, spindle, etc.The orifice/strainer unit shall have a body and internals of stainless steel. The pressuresetting control valves and control piping shall be constructed in 316 stainless steel. Thevalve shall be designed such that the hydraulic relay system can be inspected, maintainedor replaced without isolating the supply. All necessary repairs to the valve shall be possiblewithout removing the valve from the line.The pressure setting shall be capable of being adjusted on site by the use of an adjusted onsite by the use of an adjustment screw to alter the compression of the spring. The openingand closing speeds shall also be field adjustable by adjusting the flow regulation screw. Thevalves shall be capable of being fully opened or fully closed by respective opening andclosing of upstream and downstream ground cocks.The valves shall be designed to provide the necessary loss of head and shalloperate without hunting. The valve mechanism shall be piston operated, controlled from aservo diaphragm actuated by an adjustable spring balance relay comparing pressuregenerated across an integral orifice plate.The valve be coated internally and externally with a fusion bonded epoxy coatingsystem to 300 microns dry film thickness, the internal coating material shall be suitable forpotable water use, the valve being provided with the necessary certification.These pressure reducing valves shall regulate downstream pressures to set values.Nominal pressures will be PN 16 or higher pressures as otherwise indicated.Body ends shall be flanged and drilled to BS 4504, PN 16 or for the higher operatingpressure indicated.Valve materials shall be as follows :Body and cover - cast iron or ductile ironInternal valve - 316 stainless steel173 Section VII. Works Requirements


Relay valve - 316 stainless steelValve parts and fittings - 316 stainless steelTrims, ported guide and seating - gunmetal to BS 1400 LG2CDiaphragm, seating or plunger - reinforced synthetic rubberLoading spring (if employed) - spring steelCylinder weights (if employed) - cast iron or ductile ironIndicating rod - 316 stainless steelPiston - 316 stainless steelValves shall be factory tested, and supplied with a test certificate indicating the valveserial number and the set pressure.9.15.5 Air Valves:Air valves shall be single or double orifice pattern as specified with ductile cast iron bodies.The inlet flanges shall be faced or drilled in accordance with IS 14845 to the appropriatediameter and the pressure rating of the pipeline concerned.The valve shall be capable of releasing air from the pipeline without restriction of rate offilling or flow due to back pressure and also to allow admission of air during pipelineemptying at a rate sufficient to prevent excessive depression of pressure in the pipe.Valves shall be designed to prevent the operating element being in contract with the pipelineliquid by approved means such as the provision of an auxiliary float chamber sufficientlylarge to isolate the orifice valves and seats throughout the rated operational range.Air valves shall be fitted with separate isolating sluice valve which shall be drop tight onclosure and shall comply with the specification of sluice valves elsewhere herein andgearing shall be provided necessary to facilitate operation.Air valves shall be of a design which inhabits the entry of insects into the pipeline.All air relief valve and associated isolating valves shall be works tested and capable ofwithstanding the test pressures specified above for valves generally.All materials used in the manufacture of the valves shall conform to IS 14845.Triple cluster air valves shall be of combined small and large orifice valve pattern. Theassembly shall be provided with a 12mm. tapping for draining purposes and the tappingshall be closed with a brass screw plug.174 Section VII. Works Requirements


The design of the valve shall be such that there is no possibility of the ball of the large orificebeing suddenly caught up in the escaping air stream during the filling of water main at highrates thereby closing the valve prematurely. The diameter of the balls in each unit of airvalve shall be suitable for operating under the specified rated pressure. The minimumdiameter of ball within the small orifice chamber shall be 25mm.For each triple cluster air valves location on large-diameter pipeline, the pipeline diameterand the physical features as shown on the drawings governing the maximum possible rateof air entry shall be taken into account by the Contractor when offering the air valve. Thesize of the air valve provided for each location shall be such that air valve provided for eachlocation shall be such that air can be admitted at the rate necessary to prevent a vacuumdeveloping when any washout is opened or when a burst occurs at a critical point. TheContractor shall provide attested experimental data to confirm the adequacy of the air valvesoffered. For guidance; the capacity of inflow & outflow of air though Air Valve may be about240 and 470 m3 / min. respectively.9.16 RefillingAfter the pipelines are laid, jointed and tested in conformity to the relevant I.S. specificationsand to the satisfaction of Engineer-in-Charge the pipeline trenches should be refilled withexcavated earth in layers of 6 inches. The clods should be broken, sufficiently watered andconsolidated. The surface should be brought to the original condition by using the excavatedmaterial to the extent possible and using additional quantities of gravel and metal as thecase may be. The extra earth after bringing back to the original condition should bedisposed of as in spoil dumps as directed by the Engineer-in-Charge.175 Section VII. Works Requirements


DIVISION – 10HOUSE SERVICE CONNECTION MATERIAL10.1 Material and Design SpecificationSaddle Body: Non corrosive Engineering Plastic (PP / PE) body moulded with Stainless steelthreaded metal insert for tapping outlet. Also, the stirrup metal plate shall be duly embeddedin the plastic body, except at the place of nut-bolt lungs. Threading size and dimensions shallconform to IS: 554. The body shall have retaining cavity housing for internal and externalretention of the elastomeric seal. Sealing shall be achieved by pressure exerted by the bodywhile fastening the saddle straps & body on the pipe.Saddle Strap: Saddle straps shall be made of stainless steel 304 grade to prevent corrosionover the long service life.Strap Insulation: Elastomeric (rubber) insulation / lining shall be such that none of theStainless Steel Strap is in direct contact with the pipe. It shall ensure a firm non slip gripmounting on the pipe prevent the saddle from rocking or creeping on the pipe, as might becaused by vibration, pressure or excessive external loading.Saddle Seal: It shall be virgin rubber SBR Grade 30 / NBR (NSF 61 approved). It shall be oftype pressure activated hydro-mechanical design. It shall be contoured gasket to provide apositive initial seal which increases with increase in the pressure. Gasket shall be griddedmat, with tapered ends, with the outlet section having o-ring contacting the saddle bodymultiple o-ring contacting the pipe, preferably with a Stainless steel reinforce ring insertmoulded to prevent expansion under pressure.Nuts-Bolts Washer:Stainless Steel Type 304, NC rolled thread,Tightening torque for 1/2” (M12) nut-bolt:1415 kg.m andfor 5/8” (M 16) nut-bolts: 21-23 kg.m10.2 Technical Specification for House Service Connection MaterialsA. Electro fusion FittingsAll the electro fusion fittings included in this document in this document should be designedfor use in water distribution systems and be manufactured / supplied by manufactures having176 Section VII. Works Requirements


ISO 9001:2000 certification for their quality systems. The products should comply with thefollowing specific requirements.1. The products shall comply with the requirements of BS EN 12201-3: 2003, BS EN 1555-3or ISO 8085-32. All the fittings shall be of SDR 11 rating.3. The product group used for drinking water applications should be according to BS 6920 orother equivalent international specifications.4. All the products shall be manufactured by injection moulding using virgin compounded PE80 (MDPE) polymer having a melt flow rate between 0.5 – 1.1 grams/10 minutes and shall becompatible for fusing on either PE 80 or PE 100 distribution mains manufactured accordingto the relevant national or international standards. The polymer used should comply with therequirements of BS 3412 and / or BS EN 12201-1.5. The fittings intended for water distribution applications shall be coloured blue for the clearidentification of the services.6. All the electro fusion products should be individually packed so that they can be usedinstantaneously at site without additional cleaning process. The protective packing should betransparent to allow easy identification to the fittings without opening the bags.7. The electro fusion products should be with only a single heating coil to fully electro fusethe fitting to the adjoining pipe or pipe component as applicable. The heating coils shall beterminated at terminal pins of 4.0 or 4.7 millimetre diameter, protected with terminal shrouds.Each terminal shroud should be additionally protected with polyethylene shroud caps.8. No heating element shall be exposed and all coils are to be integral part of the body of thefittings. The insertion of the heating element in the fittings should be part of the injectionmoulding process and coils inserted the injection moulding process or attached to the body ofthe fitting as a separate embedded pad etc. are strictly not acceptable.9. The pipe fixation shall be achieved by external clamping devices and integral fixationdevices are not acceptable.10. The brand name, size, raw material grade, SDR rating and batch identification are to beembedded as part of the injection moulding process. Each fittings should also supplied with abarcode stickers for fusion parameters attached to the body for settings the fusion parameters177 Section VII. Works Requirements


on an automatic fusion control box. The barcode sticker should also include the fusion andcooling time applicable for the fitting for the manual settings of a manual fusion control box.11. The fittings should be V-regulated type designed to fuse at a fusion voltage of 40 voltsAC.12. The heating elements should be designed for fusion at any ambient temperatures between-5 to +40 degree centigrade to a constant fusion time i.e. without any compensation of fusiontime for different ambient temperatures.13. A limited path style fusion indicator acting for each fusion zone as visual recognition ofcompleted fusion cycle should be incorporated into the body of each fitting near theterminals. The fusion indicators should not allow the escape of the molten polymer throughthem during or after the fusion process.14. All the sockets in the electro fusion fittings should include a method of tappingcontrolling the pipe penetration (pipe positioned / stopper).Additional Requirements for Tapping Saddles1. The saddles should be the top loading type which are to be clamped on the mains forfusion using the custom made top loading clamps exerting 1500N (150 kilogramsapproximately) top load.2. The tapping saddles should be supplied with suitable adaptor for proper positioningof the top loading clamp into the saddle.3. The torque required to operate the cutter after fusion on the PE mains should notexceed 45 N – m.4. The tapping saddles will have female threaded outlet to connect either a flowregulating ferrule or a threaded pipe or a transition adaptor fitting as the case may be.5. The threaded outlet should be from sizes 1/2” – 2” BSP to suit the required outletconnections.6. The outlets should be reinforced with female threaded metal inserts to SS 3047. The tapping on the PE mains may be achieved by a custom built metal cutter suppliedby the manufacturer one each for the standard packing box.178 Section VII. Works Requirements


B. COMPRESSION FITTINGSCompression fittings used for House service connection comply as per ISO 142361. Material of ConstructionCompression fittings material shall confirm to ISO 14236. Clause 5a. Body-Polypropyleneb. Nut / Cap – Polypropylenec. Clip Ring-POM (Acetylic Resin)d. Packing bush - Polypropylenee. “O” Ring - NBRf. Threaded metal inserts – SS 304 with BSP Threads1. Pressure TestingThe pressure rating of compression fittings as per Clause 8 of ISO 14236 which shallbe PN 16.2. DimensionsThe Dimension of compression fittings shall be as per Clause 7.1 of ISO 14236.3. Performance RequirementsThe compression fittings shall be tested as per ISO 14236. Following Test methods shall beperformed.Clause 8.2.1 -Clause 8.2.2 -Clause 8.2.3 -Clause 8.2.4 -Leak tightness under internal pressureResistance to pull outLeak tightness under Internal VacuumLong term Pressure Test for Leak tightness of assembled jointClause 8.3.2.1 - MRS Valve as per ISO 9080Clause 8.3.3.1 -Resistance to Internal Pressure179 Section VII. Works Requirements


4. Effects on Quality of WaterThe compression fittings for intended for conveyance of Potable water for Humanconsumption to be tested to comply with BS 6920 specifications complying to the followingparameters:a. Odour & Flavour of waterb. Appearance of Waterc. Growth of Micro Organismd. Extraction of substance that may be of concern to Public Health (Cyto Toxicity)e. Extraction of MetalsFor clear identification of the water services, the nuts of the fittings should be coloured bluewhile the body to be black. All fittings with threaded ends should be with BSP threads.C. U PVC BALL VALVES (STOP COCKS)Balls Valves used for HOUSE Service Connections comply to ISO 4422, Part 4.1. Material of ConstructionBall Valve material shall confirm to as per Clause 4 of ISO 4422a. Body and Handle - UPVCb. Seals - PTFEc. “O” Ring - NBR / EPDMd. Material of Construction for compression end will as per specifications forcompression fittings2. Pressure TestingThe pressure of the Ball Valve shall be as per ISO 4422 shall be PN 16.3. DimensionsThe Dimension of the Ball Valve shall be as per Table 3 of ISO 4422.4. Performance RequirementsThe Ball Valves shall be tested as per ISO 4422. Following test methods will be performed.Clause 7.1 -Resistance of Valve Bodies to internal pressure180 Section VII. Works Requirements


Clause 7.2 -Clause 7.3 -Clause 7.4.1 -Clause 7.4.2 -Crushing TestEndurance TestSeat and Packing TestOperating Torque TestThe Ball Valves intended for conveyance of Potable water for Human consumption to betested to comply with BS 6920 specifications in any of the laboratories like DVGM / KIWA /SPGN / WRc – NSF and certificate of compliance to be produced for the followingparameters:a. Odour & Flavour of waterb. Appearance of Waterc. Growth of Micro Organismd. Extraction of substance that may be of concern to Public Health (Cyto Toxicity)e. Extraction of MetalsD. MDPE PipesThese specifications are for MDPE Blue PE 80 Pipes for House Service Connections of Dia20 mm to 32 mm OD.1. Raw MaterialRaw Material used to Manufacture MDPE Blue Pipes shall be Virgin Natural Resin PE 80containing those anti – oxidants, UV Stabilizers & Pigments necessary for Manufacturing ofPipes. The Density of Pipes shall be in the Range 0.926 to 0.940 g/cm3 confirming to ISO4427 Standard. The PE 80 Resin Shall Have MRS of 8 Mpa.2. Effect on Water QualityThe MDPE PE 80 Blue Pipes shall confirm to Clause 3.5 of ISO 4427 for conveyance ofwater for Human consumption. Also the pipes intended for conveyance of Potable water forHuman consumption to be tested to comply with BS 6920 specifications in any of thelaboratories like DVGM / KIWA / SPGN / WRc – NSF and certificate of compliance to beproduced for the following parameters:a. Odour & Flavour of water181 Section VII. Works Requirements


. Appearance of Waterc. Growth of Micro Organismd. Extraction of substance that may be of concern to Public Health (Cyto Toxicity)e. Extraction of Metals3. Pressure TestingThe pressure rating of MDPE Blue PE 80 Pipes shall be confirming to Clause 4.1 of ISO4427 : 19964. Colour of PipesThe Colour of MDPE PE 80 Pipes shall be Blue confirming to Clause 3.2 of ISO 4427: 19965. DimensionsThe pipe dimensions shall be as per latest revision of Clause 4.1 of ISO 4427: 1996 and pipesupto diameters 32 mm shall be supplied in Coils of 300 m. The internal diameter, wallthickness, length and other dimensions of pipes shall be as per relevant tables of ISO 4427:1996. Each pipe shall be of uniform thickness throughout its length.The wall thickness of the PE 80 Pipes shall be as per the table given below:Nominal Dia ofWall ThicknessPR ratingMDPE Pipe (mm)MinimumMaximum20 PN 16 2.3 2.825 PN 12.5 2.3 2.832 PN 12.5 3.0 3.5The dimension tolerance shall be as per ISO 4427 Clause 4.1.36. Performance RequirementsThe Pipe supplied should have passed the acceptance test as per ISO 4427. The manufacturershould provide the test certificates for the following tests.1 Melt Flow Rate2 Density3 Oxidation and Induction Test182 Section VII. Works Requirements


4 Hydrostatic Test5 Pigment Dispersion Test6 Longitudinal Reversion TestThese tests should be performed in the in-house laboratory of the pipe manufacturer. TheEmployer will depute Third party Inspection Agency to the Pipe manufacturing facility of themanufacturer to inspect the pipes as per QAP approved by Engineer in Change.183 Section VII. Works Requirements


DIVISION – 11TREEPLANTATION STRATEGY1. IntroductionThe plantation scheme for the proposed water supply project was prepared based onrequirements of IRC:SP:21 – 2009 and the major locations identified in the project are WTP,ELSRs, and Pump houses. The care towards the plantation is taken during the design stageitself to mitigate the pollution & enhance the aesthetic and scenic beauty of the proposedwater supply scheme.2. ObjectivesThe main objectives of tree plantation are as follows:Reducing the impacts of air pollutionNatural noise barrierArrest of land erosionProviding much needed shade during the daytimeEnhancement of an aesthetic view of the sub-project areas.Climatic amelioration3. Species SelectionGrasses, shrubs and trees are the main species that are readily available in India. Wherepossible, the use of non-native species should be avoided since they can out compete anddisplace native plants leading to loss of native biodiversity. To maximize the chances ofsuccess, one should try to select species whose growing conditions roughly match theenvironmental conditions of the project site. Care should also be taken to select species withroot systems that match the nature of the soil movement at the project site. During theselection of species preference should be given towards rapid growing and pest anddisease resistant species. Flowering, ornamentals plants and climbers can also be plantedin the project to provide beauty.4. Plantation PatternThe type of plantation would be based upon the requirements and the feasibility of the sitesalong the project corridor. The availability of the space in the WTP, ELSRs, and Pumphouses is a major guiding factor for plantation. The plantation pattern to be followed is:184 Section VII. Works Requirements


• The first row of plants along the outer periphery of the WTP & ELSRs and along thepump houses will be of small to medium height plants planted at a spacing of 3m c/cand the distance from the second row should be 3m. The plants for the second roware mainly shade bearing species. The height of the plant should be between 1.5mto 2m.5. Tasks of The ContractorAs part of this project implementation, the Contractor shall plant and maintain a minimum of39 nos. of trees as compensatory afforestation in the WTP, ELSR and pump house areas.Also Buffer Zone plantation 50 Nos of trees are proposed at secondary Chlorination site.The specific roles and responsibilities of the Contractor include:• Identification of the plantation stretches in WTP, ELSR and pump houses areas.• Plantation of the 2 year old saplings in the plantation stretches and• Maintenance for one year including watering, removal of weed, litter and debris fromthe vicinity of the plantation.• Ensure the protection of the tree guards provided to the saplings from trampling andbrowsing by the cattle.6. Guidelines for Plantation6.1 General6.1.1 ScopeContractor to furnish all materials, labour and related items necessary to complete the workand specified herein.6.1.2 MaterialsPlant Materials shall be well formed and shaped true to type, and free from disease, insectsand defects such as knots, sun-scaled, wind burn, injuries, abrasion or disfigurement. Allplant materials shall be healthy, sound, vigorous, free from plant diseases, insect's pests, oftheir eggs, and shall have healthy, well-developed root systems. All plants shall be hardyunder climatic conditions similar to those in the locally of the project. Plants supplied shallconfirm to the names listed on the plant list given in Table -1. Besides these plant species,the Contractor shall supply other species as desired by the Employer. Under nocircumstances non-native species which might have a negative impact on the ecology of the185 Section VII. Works Requirements


area shall be permitted. No plant material will be accepted if branches are damaged orbroken. All material must be protected from the sun and weather until planted.All plants shall conform to the requirements specified in the plant list. Except thatplants larger then specified may be used if approved, but use of such plants shall notincrease the contract price if the use of the larger plant is approved, the spread of roots orball of earth shall be increased in proportion to the size of plant. Deliver plants with legibleidentification labels.Table -1: List of Plants Proposed in the <strong>Project</strong>Row NumberLocal name ofspecie(s)ScientificnameAlternative plantspeciesScientific namest1 Row(Flowering Plants)st1 Row(Flowering Plants)Gulmohar Gulmohar Pink Cassias Cassia GrandisBengal BabulAcasiaauriculiformisGanneru Chettu Nerium oleandernd2 Row (ShadePlants)Neem orkondavepa orturaka-vepaMelia azedarachMango TreeGanuga or KanjiMagnefera indicaPongamia pinnatand2 Row (ShadePlants)Rain TreeSamanea SamanAkashamalli (Sweetscented floweringplant)MillingtoniahortensisTopSoil (Sweet Earth / Good Earth):Topsoil or good earth shall be a friable loam, typical of cultivated topsoil of the localitycontaining at least 2% of decayed organic matter (humus). It shall be taken from a welldrained arable site. It shall be free of subsoil, stones, earth skids, sticks, roots or any otherobjection able extraneous matter or debris. It shall contain no toxic material. No topsoil shallbe delivered in a muddy condition. It shall have pH value ranging in between 6 to 8.5. Thesweet earth for each plant is estimated to be 0.201 cum.186 Section VII. Works Requirements


Root System:The root system shall be conducive to successful transplantation. While necessary, the rootball shall be preserved by support with Hessian or other suitable material. On soils whereretention of a good ball is not possible, the roots should be suitably protected in such a waythat the roots are not damaged6.1.3 ConditionTrees shall be substantially free from pests and diseases, and shall be materiallyundamaged. Torn or lacerated roots shall be pruned before dispatch. No roots shall besubjected to adverse conditions such as prolonged exposure to drying winds or subjection towater logging between lifting and delivery.6.1.4 Supply and SubstitutionUpon submission of evidence that certain materials excluding the plant Species prescribedare not available at time of contract, the Contractor shall be permitted to substitute with anequitable adjustment of price. All substitutions shall be of the nearest equivalent species andvariety to the original specified and shall be subjected to the approval of the Engineer InCharge.6.1.5 PackagingPackaging shall be adequate for the protection of the plants and such as to avoid heating ordrying out.6.1.6 MarkingEach specimen of tree bundle, shall be legibly labeled with the following particulars:• Its name• The name of the supplier, unless otherwise agreed.• The date of dispatch from the nursery.6.2 Tree Planting6.2.1 Plants and ShrubsTrees should be supplied with adequate protection as approved. After delivery, if planting isnot to be carried out immediately, balled plants should be placed back to back and the ballcovered with sand to prevent drying out. Bare rooted plants can be heeled in by placing theroots in prepared trench and covering them with earth, which should be watered into, avoid187 Section VII. Works Requirements


air pockets round the roots and shrubs shall be planted with the approval of Engineer InCharge.6.2.2 Digging of PitsTree pits shall be dug a minimum of three weeks prior to plantation. While digging the pits,the topsoil up to a depth of 30cms may be kept aside, if found good (depending upon siteconditions), and mixed with the rest of the soil. If the side of the below, it shall be replacedwith the soil mixture as specified further here in. If the soil is normal it shall be mixed withmanure; rivers and shall be added to the soil if it is heavy. The bottom of the pit shall beforked to breakup the subsoil.6.2.3 Back FillingThe soil backfilled watered through end gently pressed down, a day previous to planting, tomake sure that it may not further settle down after planting. The soil shall be pressed downfirmly by treading it down, leaving a shallow depression all-round for watering.6.2.4 PlantingNo tree pits shall be dug until final tree position has been pegged out for approval. Careshall be taken that the plant sapling when planted is not be burried deeper than in thenursery, or in the pot. Planting should not be carried out in water logged soil. Plant trees atthe original soil depth; soil marks on the stem is an indication of this and should bemaintained on the finished level, allowing for setting of the soil after planting. All plastic andother imperishable containers should be removed before planting. Any broken or damageroots should be cutback to sound growth. The bottom of the planting pit should be coveredwith 50mm to 75mm of soil. Bare roots should be spread evenly in the planting pit; and smallmound in the center of the pits on which the roots are placed will aid on even spread. Soilshould be placed around the roots, gently shaking the tree to allow the soil particles to shiftinto the root system to ensure close contact with all roots and prevent air pockets. Backfillsoil should be firmed as filling proceeds, layer by layer, care being taken to avoid damagingthe roots.The manure and feriliser utilisation in plantation are :Compost – 20 Kg, Super Phosphate –1Kg, Neem Cake – 2Kg, and Pesticides (Lindane or Endosulfan Dust) – 100 g. Thesweet earth of 0.201 cum shall be used for planting.188 Section VII. Works Requirements


6.2.5 StakingNewly planted trees must be held firmly although not rigidly by staking to prevent a pocketforming around the stem and newly formed fibrous roots being broken by mechanical pullingas the tree rocks.The main methods of staking shall be:• A single vertical shake, 900mm longer than the clear stem of the tree, driven 600mmto 900mm into the soil.• Two stakes as above driven firmly on either side of the tree with a cross bar to whichthe stem is attached. Suitable for bare-rooted or Ball material.• A single stake driven in at an angle at 45 degrees and leaning towards the prevailingwind, the stem just below the lowest branch being attached to the stake. Suitable forsmall bare-rooted or Ball material.6.2.6 TyingEach tree should be firmly secured to the stake so as to prevent excessive movement.Abrasion must be avoided by using a buffer, rubber or Hessian, between the tree and stake.The tree should be secured at a point just below its lowest branch, and also just aboveground level: normally two ties should be used for tree. These should be adjusted orreplaced to allow for growth.6.2.7 WateringThe Contractor should allow for the adequate watering in of all newly planted treesimmediately after planting and he shall during the following growing season, keep the plantmaterial well watered throughout the maintenance period of one year.6.3 Tree GuardThe fencing of a single row plantation is generally done by using tree guards. In theproposed project the ornamental circular iron tree guard with welded mesh having 50 cmdiameter is proposed. The specifications for the tree guard with welded mesh is given infigure -1.189 Section VII. Works Requirements


Figure -1: Ornamental Tree Guard with Welded Mesh190 Section VII. Works Requirements


SECTION –VII BELEVATED SERVICE RESERVOIRSGeneralThe contractor shall conduct soil investigation and design the ELSRs at specified places inthe town. The designs shall be got approved by the Engineer-in-Chief (PH), Hyderabad. Forthe purpose of design the parameters shall be :i) Wind pressure up to 150 Kg/ Sqmt. shall be considered and seismicanalysis shall be done by considering Zone II.ii) Concrete proportion for all works of RCC in ELSRs shall be in M30 designmix.iii) They shall be hydraulically tested as per IS 3370 Part A, which shall bedone in the Engineer’s presence.1.1. SCOPE OF CONTRACT:The contract envisages, design and construction of Elevated Service Reservoirs in reinforcedcement concrete including earth work excavation, supply and fixing of accessories asspecified supply, hoisting, keeping in position and jointing of C.I/DI. double flanged pipes,specials and valves and construction of valve pits as required.1.2. MATERIALS:Cement: Shall conform to the requirements of Section 4.1.4Water: Shall conform to the requirements of Section 4.1.5Sand: (Fine Aggregate): Shall conform to the requirements of Section 6.2.5Coarse Aggregate: Shall conform to the requirements of Section 6.2.6Bricks: Shall conform to the requirements of Section 4.1.2Reinforcement: The steel to be sued as reinforcement in the structure shall conform to I.S.1139-1966 in the case of mild steel and I.S. 178-1979 (Grade Fe 415), in the case ofdeformed bars of HYSD.Cast iron pipes, specials, manhole covers, valves and jointing material : Shall conform to therelevant clauses of Section 7.Lightening Arrestor: Shall conform to the requirements of I.S. 3070-1974Float operated water level indicator and Gauge: Shall conform to the departmentalrequirements and shall include brass pulley, bracket, nylon thread, PVC float, enameledgauge numbered in MTs and 1/10 th of MT with moving index etc.,191 Section VII. Works Requirements


1.3. SITE CLEARANCE:Shall conform to the requirements of Section 2. The quoted rate shall include cost of alloperations as envisaged in this section.1.4 EARTH WORK:The earthwork excavation shall conform to the requirements of Section-3. The quotedrate shallinclude cost of all operations required for completing the structure, as per thedepartmental plans and specifications.1.5 CONCRETE:1. General: The cement concrete work to be carried out under this contract shallconform to the general requirements detailed in Section.62. Constructional requirements: The construction of the structure shall conform tothe requirements of IS 3330 Part-II and IV.3. Leveling course: The concrete to be used shall be of M 10 grade conformingto IS 456-20004. Footings, Columns braces, RCC ladders and staircase: The concrete to be usedfor these members shall be of M30 grade, unless otherwise specificallymentioned in the drawings, conforming to IS 456-2000.5. Other Members: The concrete to be used for the rest of the members like floorslab/ dome, beams, side wall, roof slab/ dome shall be of M30 gradeconforming to IS 456-2000.1.6 VALVE PITS:The valve pits shall be constructed for access to the operating valves as shown in thedepartmental drawings. The various items involved shall conform to the relevantsections in this volume.1.7 DI PIPE CONNECTIONS:1. The vertical pipe connections shall be hoisted and fixed true to plumb without anydeviation from the vertical as directed by the Engineer-in-Charge or his authorized.2. The jointing of pipes shall conform to the requirement in Section.71.8 FRP VENTILATORS:The FRP ventilators to be provided on the top of the roof slab/ dome shall be conforming toIS. The ventilators shall be provided with mosquito proof wire mesh.192 Section VII. Works Requirements


The FRP ventilators shall be fixed as directed by the Engineer-in-Charge or his authorizedrepresentative.1.9 FIXING OF OTHER ACCESSORIES:a) The lightening arrestor shall be fixed in accordance with the requirements of I.E. Act1910 and Rules there under as amended from time to time.b) The water level indicator shall be fixed as directed by the Engineer-in-Charge or hisauthorized representative. It should be ensured that the index moves smoothly withoutany friction over the guage in order to give correct indication of the depth of thewater available in storage.1.10 TESTING:The structure after completion shall be subjected to water tightness test at fully supplylevel, as laid down in Clause 10 of IS 3370 (Part-I) 1965. The filling of the reservoirshall be gradual and not more than 15 cum of raise in water level per day shall bepermitted. The structure shall satisfy the water tightness requirements as indicated inClause 10.1.1 or 10.1.2 of IS 3370 (Part-I)-1965 as the case may be.1.11. FINISHING:A smooth dense surface free from work ridges shall be ensured. After satisfactorycompletion of testing of the reservoir for water tightness all external surfaces ofconcrete shall be painted with two coats of snowcem cement of approved colour andquality over a printing coat as per the directions of the Engineer-in-Charge.1.12. GUARANTEE:The structure and all the appurtenant fixtures shall be guaranteed for satisfactoryfunctioning for a period of 12 months from the date on which all defects have beenrectified and the reservoir has been filled upto MWL and satisfies the water tightnesstest .193 Section VII. Works Requirements


SECTION VII-CGENERAL CONDITIONS FOR ERECTION & COMMISSIONING1. Unloading, Handling & Storage1.1. The Contractor shall be responsible for the delivery at site/sites of all equipment, material andsupplies required for the fulfillment of the contract upto handing over of the plant to the Employer.1.2 The Contractor shall at his own expense and responsibility transport or shift to plant site, allmaterials, equipment and supplies furnished for the purpose of this contract. All movement ofmaterials and equipment to and from storage shall be at the expense of the Contractor. Space forstorage facilities will be provided by the Employer at the site of the work as available. If theContractor does not promptly shift and place for use in the premises, where the work is to be done,any material, equipment or supplies delivered, the Employer may do so, and charge all the coststhereof to the Contractor and in any event the Employer shall not be responsible for any damages,arising out of, or in any way connected with such shifting or placing of the same. The Contractor shallfurther after shifting, unpack the materials, verify contents against invoices and notify shortages orbreakages to the Engineer within one week of the receipt of materials and equipment at site, failingwhich the Contractor shall be held responsible for any consequences.1.3 If requested by the Engineer, the planned method of transport of equipment shall besubmitted to the Engineer for approval. This approval shall not relieve the Contractor of anyresponsibility for the safety of the equipment and personnel.2. Contractor Remaining Informed as to Conditions2.1 The Contractor shall inspect, examine, obtain all information and satisfy himself regarding allmatters relating to the execution and maintenance of the works to be carried out under the contract orany hindrances or interferences to or with the construction or maintenances of the works from anycause whatsoever including any other operations of works which may or will be carried out on oradjacent to the site of the works before or during the construction or maintenance of the works underthe contract and shall make allowance for all such contingencies in the contract price and will notraise any claims or objections against the Employer in respect of any of the matters mentioned above.2.2 The Contractor shall take field measurements when or where necessary before detailing,ordering or fabricating any material.2.3 The acceptance of the order or making of a contract will be construed as evidence that suchan examination was made and later claims for labour, equipment or materials required or fordifficulties encountered, which could have been foreseen, will not be allowed.194 Section VII. Works Requirements


3. Prosecution of the Work3.1 The Contractor shall furnish adequate, courteous and competent labour, supervisors andengineers of all classes for the duration of the work to maintain progress of erection in accordancewith the requirement of the scheduled completion date, and shall begin the work included in thecontract at such time as well ensure its completion as specified and shall complete the same, free ofall liens and charges, at or before the time specified for completion. The Contractor shall makeavailable qualified engineers for placing the equipment in operation, carrying out the necessary testsand trials and the training of Employer's operating staff, as directed by the Superintending Engineer.3.2 The Contractor shall be completely responsible for the satisfactory construction, erection,testing and commissioning of the works notwithstanding that he may have been assisted by theEngineer in doing so.4. Work Performed At Contractor's Risk4.1 The Contractor shall take all precautions necessary and shall be responsible for the safety ofthe work to be performed by him, and shall maintain all lights, guards, signs, temporary passages, orother protections necessary for the purpose. The Contractor shall be responsible for any loss ordamages to his personnel, materials, tools or other articles used or held for use in connection withsuch work. Such work shall be carried on to completion without damage to any work or property ofthe Employer or of others and without interference with the operation of existing machinery orequipment.5. Constructions Tools, Equipment and Site Facilities5.1 The Contractor shall, at his own expense, furnish all necessary false work, erection tools,hoist, cranes, air compressors, rigging, skids, cribbing, blocking, scaffolding, sheet piles, equipment,appliances, materials and supplies required for erection and/or testing for performances and start up(hereinafter in this section called 'construction tools and equipment') that may be required toaccomplish the work under contract unless otherwise provided for. Adequacy of such shall be to theentire satisfaction of the Engineer.5.2 All piping for service, and drinking water to work area shall be furnished, installed andmaintained by the Contractor at his own cost. He shall also furnish, install and maintain at his owncost the power lines, junction boxes or any other electrical receptacles, apparatus or equipment fromstarting points, to his area.5.3 The Employer shall not be responsible or held liable for any damage to person or propertyconsequent upon the use, misuses or failure of any construction tools and equipment used by the195 Section VII. Works Requirements


Contractor or any of his sub-contracts, even though such construction tools and equipment may havebeen furnished, rented or loaned to the Contractor or any of his agents by the Employer. Theacceptance and/or use of any such construction tools and equipment by the Contractor or his agentsshall be construed to mean that the Contractor accepts all responsibility for an agrees to indemnifyand save harmless the Employer from said use, misuse or failure of such construction tools andequipment for which the Employer may be liable.5.4 The Contractor shall bear and pay all charges including freight, clearing, insurance, duty onall construction tools and equipment furnished by him.6. Travelling and Living Expenses6.1 The contract price shall include all salaries and wages, all travelling time and expenses andboarding and lodging allowances for all personnel furnished by the Contractor and all paymentswhich the Contractor may have to make in relation to the work of the labourers and other personnelemployed for complete installation.7. Simultaneous Work by Others7.1 The Employer reserves the right to perform or have performed in and about the works duringthe time when the Contractor is performing his work here under such other work as the Employerdesires and the Contractor shall make all reasonable effort to perform his work hereunder in suchmanner as will enable such other work to be performed without hindrance from the Contractor andwill make no claim for damages against the Employer arising out of such other work or interferencethere from. The Contractor will work in harmony with such other contractors regardless of race,religion, colour or national origin and any dispute between contractors shall be arbitrated by theEmployer if necessary.8. START-UP AND GUARANTEES8.1 Until such time as the equipment or material installed and erected under the contract is finallyaccepted by the Employer in keeping with the terms and conditions of this contract and associatedspecifications the responsibility for proper testing, maintenance and efficient operation of the sameshall be that of the Contractor. Prior to start-up, the Contractor shall be required to service theequipment and during start-up render such assistance as may be necessary or requested for by theEmployer.8.2 Where the equipment has not been manufactured by the Contractor, the manufacturer'srecommendations for installation of the same shall be strictly adhered to and any defects developingdue to faulty installation and/or erection during start-up or during a trial run and period of one year196 Section VII. Works Requirements


from the date of commissioning shall be rectified, remedied or made good by the Contractor throughthe manufacturer if considered necessary by the Employer at his own expense. When the equipmenthas been manufactured by the Contractor Himself, Rectification Within Similar Period IsCompulsory.9. Employer Use of Equipment : Omitted10. Removal of Debris10.1 The Contractor shall at all times keep the site free of rubbish, debris and surplus materials soas to render the place of work clean and safe for all personnel working in that area and uponcompletion of the work shall remove all rubbish and waste materials resulting from his work andleave the works and work site on a clean and finished condition. If the contractor fails to comply,such work will be performed by the Employer at Contractor’s expense.10.2 Whenever demolition or other work of any kind creates harmful dust or fumes, equipment forthe complete protection of all personnel and property against dust fumes shall be installed, maintainedand effectively operated by the Contractor as required by statute.The Employer shall have the right to use the materials and the equipment as he requires, even prior tofinal acceptance. All such equipment shall be of a type approved by the State govt. / Central Govt. /or municipal or any other regulatory body and the expression harmful dust or fumes shall have themeaning assigned to it be such appropriate regulatory body.11. Contractor’s Obligations11.1 Over and above the responsibilities of the Contractor stipulated in this document, thefollowing obligations shall be fulfilled by the Contractor.11.1.1 The Contractor shall satisfy the Engineer that adequate provision has been made.a) to carry out his instructions fully and with promptitude;b) to ensure that parts required to be inspected before use are not used before inspection; andc) to ensure that adequate supervision is provided at all stages of the work and each portion ofthe work is checked for accuracy before erection.11.1.2 The Contractor shall make necessary arrangements including provision of suitable spaces andfacilities for testing, for inspection at any stage of manufacture of plant and equipment by theEngineer or his agents, as and when deemed necessary by the Engineer; the time schedule for anyinspection will, however, follow the inspection schedule suggested by the Contractor and agreed uponby the Engineer during scrutiny of delivery plan. Irrespective of any inspection and tests made by theEngineer, the Contractor shall be entirely responsible for the proper execution of the Contractnotwithstanding any approval which may have been given by the Engineer or the work or of tests197 Section VII. Works Requirements


carried out either by the Engineer or the Contractor. At least 15 days notice shall be required forinspection to be carried outside the state.11.1.3 Field Testing Laboratory for Quality Controli. The Contractor at his own expense shall establish field laboratory with necessaryequipment to carry out tests such as grading of aggregate, fineness modulus ofsand, bulking of sand, silt content in sand, tests on cement and concrete etc. atthe site of work. The Contractor shall be required to provide appliances at site,such as weighing scale, graduated cylinder, standard sieves, thermometers etcin order to enable the Employer / Employer’s Representative to conduct fieldtests, whenever required by him to ensure that the quality is consistent with theprescribed specification. Similarly well equipped laboratory for testing of bitumenand asphaltic work including earth work shall be provided by the Contractor atsite of work.ii. The materials such as water, sand, cement, aggregates, etc., to be used in theworks like concrete, masonry, etc. shall comply with the requirements of theEmployer / Employer’s Representative and shall pass all the tests and analysisrequired by him or as per particular specifications as applicable or suchrecognized specifications as acceptable to the Employer / Employer’sRepresentative.iii. All the necessary tests/the number of tests shall be conducted in the laboratoryestablished at site by the Contractor or in any recognized laboratory approved bythe Employer / Employer’s Representative. The samples shall be taken forcarrying out all or any of the tests stipulated in the particular specifications or asdirected by the Employer / Employer’s Representative or his authorizedrepresentative. The Contractor shall at his risk and cost make all arrangementsand shall provide all such facilities as the Employer / Employer’s Representativemay require for collecting, preparing, forwarding the required number of samplesfor tests and for analysis as per the frequency of test stipulated in the contractspecifications or as considered necessary by the Employer / Employer’sRepresentative, at such time and to such places, as directed by the Employer /Employer’s Representative.198 Section VII. Works Requirements


iv. The decision of the Employer / Employer’s Representative regarding type oftests, their frequency, suitability of any of the materials to be used in the workshall be final and binding on the Contractor notwithstanding any other provisionelsewhere in the tender documents.v. The Contractor or his authorised representative shall associate in collection,preparation, forwarding and testing of such samples. Even if he, or hisauthorised representative is not present or does not associate himself, the resultof such tests and consequences thereon shall be binding on the Contractor. TheContractor or his authorised representative shall remain in contact with theEmployer / Employer’s Representative or his authorised representative forassociating for all such operations.vi. The Contractor shall give not less than 7 days notice of all tests in order that theEmployer / Employer’s Representative may be present. Two copies of all testcertificates shall be supplied by the Contractor to the Employer / Employer’sRepresentative for approval, immediately after the completion of the tests. Testcertificates shall invariably be supplied to the Employer / Employer’sRepresentative before the materials or components are used in the works, unlessthe Employer / Employer’s Representative directs otherwise.vii. All materials which are specified to be tested at the place of manufacture shallsatisfactorily pass the tests before being used in the works.viii. The contractor shall have all the minimum equipments/apparatus in the fieldlaboratory but not limited to the following:a) Set of sieves as per IS for sieving sand and aggregateb) Aggregate crushing strength apparatusc) Graduated cylinderd) Weighing scalee) Cube mouldsf) Compression testing machineg) Vibratorsh) Humidity Chamberi) Lechattlier apparatus199 Section VII. Works Requirements


j) Tension testerk) Slump cone with tamping rodl) Proctor compaction moulds, hammer, etc.m) Rapid moisture metern) Weighing scale 0.1 gm accuracyo) Weighing scale 10 kgp) Core cutter, sand replacement unitsq) Hot air ovenr) Pycnometer bottle and conical brass cap and washers) Liquid limit devicet) Proctor Compaction needleu) Apparatus for testing of bitumen and asphalting work11.1.4 Testing of concrete worksa. The Contractor at his own expense shall establish a field laboratory to carry outall preliminary tests, work tests and also to work out grading and proportioning ofaggregates in order to obtain and maintain uniform quality of work. Acompression testing machine of suitable capacity as indicated by the Employer /Employer’s Representative shall be installed by the Contractor at his ownexpense to ascertain the strength of concrete at his own expense from time totime. The Contractor shall supply all materials, labour and testing machines forpreparing and testing sample as required by the Employer / Employer’sRepresentative. The concrete shall also be got tested in an independentlaboratory approved by the Employer / Employer’s Representative at thediscretion of the Employer / Employer’s Representative or his authorisedrepresentative.b. Number of concrete cubes shall be taken as per clause 1716 of MORT&Hspecifications for Road and Bridge Works (Fourth Revision) published by IndianRoads Congress, New Delhi reprinted in March 2002 or as directed by theEmployer / Employer’s Representative.c. These tests shall be carried out in accordance with the procedure as laid down inI.S 516 or other relevant specifications.200 Section VII. Works Requirements


d. The testing machine should also be recalibrated at regular intervals to detecterrors periodically. The moulds for cubes shall also be checked at frequentintervals and are made to conform to the standard prescribed in I.S. 516.11.1.5 The Contractor shall at his own cost.a) establish and maintain the area placed at his disposal for office/storage purposes.b) provide the necessary power and water connection from the supply mains and installand maintain the temporary distribution lines within the working area;c) erect and maintain necessary offices and storage space;d) provide temporary lighting at erection site required for erection;e) arrange for personnel accident insurance for his own personnel at site;f) arrange adequate security lighting and watch system to safeguard the equipment fromany type of mishandling, theft, fire hazards etc. during the construction period, periodof Trial Run and period of maintenance of 12 months;g) Gardening and landscaping and beautification of the site before commissioning; .h) Curved Glow Signboard on each gate covering entire width of gate includingsupporting frame structures and all electrical accessories. The details of the signboardand its writings shall be as per instruction of the Engineeri) Identification metallic signboard for each units of the plant including supportingframe structuresand all electrical spotlight arrangements. The details of thesignboard and its writings shall be as per instruction of the Engineer.j) Among other requirements of The Building and other Construction Workers (Regulationof Employment and Conditions of Service) Act, 1996, the contractor shall construct andmaintain all labour accomadation in such a fashion that uncontaminated water is available fordrinking, cooking and washing and all sanitary facilities shall be maintained as referred inEMP attached as Annexure -I.11.1.6 The Contractor shall abide by the instructions and decisions of the Engineer at any stage ofexecution of the job unless he can convince that the same goes against the interest of satisfactoryprogress and completion of this work as per agreed schedule.12. Shop Tests12.1 Shop tests shall include all tests to be carried out at contractor’s works, works of his agents atmanufacturer’s works and at works where raw materials supplied for manufacture of equipment.201 Section VII. Works Requirements


12.2 All test certificates and reports shall be submitted to the superintending Engineer forapproval. All tests are normally to be carried out in presence of the Engineer or his representative.However, waiver may be allowed in specific cases by the Employer at his discretion.12.3 The employer’s representatives or his appointed agents shall be given full access to all tests,The contractor shall inform the Superintending Engineer allowing adequate time so that the Engineerin charge or his appointed agents can witness the test, if it is so desired by the Engineer in charge.12.4 No component or equipment shall be dispatched unless accompanied by approved testcertificates and reports. The approval shall be given provided the corresponding drawings /technicalparticulars are already approved an the Employer’s representatives or his appointed agents havewitnessed the tests or a letter of inspection waiver is issued by the Engineer in charge.13. Erection Schedule13.1 The Contractor shall prepare a time table for erection schedule of requirements of men andmaterial and tools & tackles or erections and outlines of erection methods together with erectiondrawings and specifications and submit those for approval of the Engineer. Such schedules shall besubmitted well in advance. Any revisions to such schedules shall only be effected after prior approvalof the Engineer giving specific reasons for such revision14. Tools And Tackles14.1 All tools and tackles, measuring and testing equipment etc. required for the successfulexecution of all contract shall be provided by the Contractor as part of his responsibility with respectto erection and commissioning of the plant as per the terms of contract.14.2 All tools and tackles supplied by him will be taken back by him after completion of worksexcepting special maintenance tools which shall be retained by the Employer till the plant is takenover by him.15. Delivery And Erection ScheduleThe tenderer shall quote his best schedules for delivery of Pipes and commissioning, and shallindicate the expected delivery schedule required for components to suit the erection schedule of theplant.16. Compliance with Statutes, Regulation etc.16.1. The Contractor shall conform in all respect with the provision of any such state Ordinance orlaw as aforesaid and the regulations or Bye Laws of any local or other duly constituted authoritywhich may be applicable to the work or to any temporary work and with such rules and regulations ofpublic bodies and companies as aforesaid and shall keep the employer indemnified against all202 Section VII. Works Requirements


penalties and liability of every kind for breach of any such statute ordinance or law regulation or byelaw.17. Removal of Improper Work And Materials.17.1 The Engineer shall during the progress of the work have power to order in writing from timeto time.a) The removal form the place of work of site within such time or times as may be specified in theorder of any materials which in the opinion of the Engineer are not in accordance with the contract.b) The substitution of in proper and the suitable materials, andc) The removal and proper re-execution (notwithstanding any previous test thereof or interimpayment there for) of any work which in respect of materials or workmanship is not in accordancewith the contract.18. Packing18.1 Materials used for packing of the equipment shall be of sound timber of dimensionsproportional to the size the weight of contents. The seller shall not use second hand packing materials,All package shall be steel strapped with at least two (2) straps on each package to ensure a solidpackage and to prevent pilferage. Bundled materials shall be rigidly steel strapped.18.2 Fragile materials shall be securely packed within the containers or otherwise apply protectedand packed to prevent shifting or rattling.18.3 The empty containers shall be fully covered by strong and durable water proof paper inside,before putting the material, in order to protect the contents from damage, dust and corrosion due tosea or rain water creeping into the cases and, in addition, they shall be properly lined to withstand theelements while in transit or stored without cover.18.4 Machined parts shall be thoroughly greased and amply protected against rust forming andcorrosive elements.18.5 The Contractor shall not use open type crates or fiber board cartons, unless permission isreceived from the Employer.18.6 The Contractor shall not forward any articles without packing as specified herein, withoutobtaining prior approval of Employer.18.7 Spare parts shall be packaged separately, under no circumstances they shall be included inthe containers with the related commodity.203 Section VII. Works Requirements


19. Damage Risk and Insurance19.1 The Contractor shall arrange the plant and equipment and each part thereof, to be insuredagainst loss, damage or destruction to fire, lightening, earthquake theft and such other risks until it ishanded over to the Employer after erection and trial run period as provided for in the contract andshall from time to time, when so required by the Engineer produce the policy and receipts for thepremiums. All money received under any of such policies shall be applied in or towards thereplacement and repair of the plant damaged or destroyed, but this provision shall not affect theContractor’s liabilities under the contract. Separate insurance policies shall be obtained to coveri) rail and / or road etc., transit of equipment to site; andii)period of storage and erection and commissioning at site.The contractor shall quote the rates duly keeping in view the above risks since the provision towardsinsurances is already covered in the estimate rates. Hence no reimbursement for the expenditure meton insurance policies will be made.20. Commissioning and Performance Tests20.1 The Contractor shall undertake the complete responsibility for successful erection andcommissioning of the Distribution system and giving successful performance tests.204 Section VII. Works Requirements


ANNEXURE-IENVIRONMENTAL MANAGEMENT PLAN : PRE- CONSTRUCTION PHASES.No.COMPREHENSIVE PLANNING OF WATER SUPPLY SERVICE IMPROVEMENTS IN ANANTHAPUR (PACKAGE-I)Potential Negative Mitigation Measures Time frame ResponsibleImpactsagenciesPRE-CONSTRUCTION STAGE1 Clearances All clearance required for Environmental aspects during construction shall be ensured andmade available before start of work.2 Tree Cutting i) Try to save the trees by adjusting the plant layout or the alignment of pipelines in thedistribution system.ii) Provide adequate protection to the trees to be retained with tree guards (e.g. Masonry treeguards, Low level RCC tree guards, Circular Iron Tree Guard with Bars) as required.ii) Identify the number of trees that will be affected with girth size & species type along thepipelines in the distribution system. The details to be indicated on map to scale and/or astrip map as may be appropriate. Prepare tree cutting schedule to facilitate clearancerequirementsiii) Trees identified for cutting shall be removed from the construction sites beforecommencement of construction with prior permission from the Ananthapur <strong>Municipal</strong>Commissioner.iv) Compensatory plantation by way of Re-plantation of at least twice the number of treescut should be carried out in the project area.3 Utility Relocation i) Identify the common utilities to be affected such as: telephone cables, electric cables,electric poles, water pipelines, public water taps, etcii) Affected utilities shall be relocated with prior approval of the concerned agencies beforeconstruction starts.iii) Provide advance notice (not less than 10 working days) to affected parties. The advancenotice shall be in the form of written notice and a grievance redressal cell shall beestablished for timely addressing of grievancesBefore construction ULB /ConcernedDepartments&ContractorPre-construction &construction phasePre-construction &construction phaseContractor /ULBContractor /ULB/Concerneddepartments205


4 Baseline parameters Adequate measures shall be taken and checked to control the Baseline parameters of Air,Water and Noise pollution. Base line parameters shall be recorded and ensured conformancetill the completion of the project.Pre-construction,construction and postconstructionphaseContractor /ULB5 Planning oftemporary Trafficarrangementsi) Temporary diversion will be provided with the approval of the Engineer-in-Charge.Detailed traffic control plans shall be prepared and submitted to the engineers for approval,at least two weeks prior to commencement of works.ii) The traffic control plans shall contain details of temporary diversion, details ofarrangements for construction under traffic, details of traffic arrangement after cessation ofwok each day, SIGNAGES, safety measures for transport of hazardous materials andarrangement of flagmen.iii) Any accidents and/or risk of inconveniences caused to the community shall be borne bythe contractorPre-construction &construction phaseContractor /ULB6 Storage of materials The contractor shall identify the site for temporary use of land for construction sites /storageof construction materials, etc. These sites shall be operated only after prior approval of theEngineer-in-Charge.Pre-construction &construction phaseContractor /ULB7 Construction oflabour campsi) Contractor shall follow all relevant provisions of the Building and the other ConstructionWorkers (Regulation of Employment and Conditions of Service) Act, 1996 for constructionand maintenance of labour camp.ii) The location, layout and basic facility provision of each labour camp will be submitted toEngineer-in-Charge prior to their construction.iii) The construction will commence only upon the written approval of the Engineer.The contractor shall maintain necessary living accommodation and ancillary facilities infunctional and hygienic manner and as approved by the Engineer-in-Charge.iv) All temporary accommodation must be constructed and maintained in such a fashion thatuncontaminated water is available for drinking, cooking and washing. The sewage systemfor the camp must be planned. Adequate health care is to be provided for the work force. Thelayout of the construction camp and details of the facilities provided should be prepared andshall be approved by the Engineer-in-Charge. The construction camp shall not be locatedwithin 1000m from the nearest water stream, residential areas and/or any sensitive land useslike schools, hospitals, etc.During the construction Contractor206 Section VII. Works Requirements


ANNEXURE-IIENVIRONMENTAL MANAGEMENT PLAN- CONSTRUCTION PHASECOMPREHENSIVE PLANNING OF WATER SUPPLY SERVICE IMPROVEMENTS IN ANANTHAPUR (PACKAGE-I)S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts1 Sourcing ofMaterials (Cl.1.1.2 ofspecifications- Section VIIA)106, 116, 118-120,122, 123, 205, 216,220, 221, 223, 301,308, 402- 407, 411-416, 418, 502- 505,602- 607, 611- 613,616, 621, 622, 702-709, 719-724, 802-814, 818, 819, 902-905, 908.Extraction of rocksand material maycause groundinstabilityDuringcollection(i)Mitigation MeasuresVerify suitability of allmaterial sources andobtain approval of <strong>Project</strong>Management authority;(ii) Use the approvedfollowing quarry sites andsources: Sand: Location-Chitravatein River ,distance- 41 Km Coarse Aggregate:Location- Siddalapuram,distance- 9 Km Bricks – Local, distance –5 Km(iii) HDPE & DI pipes, HYSDsteel shall be obtainedfrom the manufacturers.ResponsibleforMitigationConstructionContractor(CC)MonitoringIndicators ofMitigationConstructionContractordocumentationReferenceDocumentContractdocument207 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts2 Stock piling 106, 116, 118-120,122, 123, 205, 216,220, 221, 223, 301,308,402- 407, 411-416, 418, 502- 505,602- 607, 611- 613,616, 621, 622, 702-709, 719-724, 802-814, 818, 819, 902-905,908.3 Haulage /transportation101-104, 117, 121,201-204, 219, 301,401, 426, 501, 601,701, 801, 901.Run-off fromstockpiled materialsduring constructionworkscancontaminate surfacewater quality nearwater.Fugitive Emissionsfrom constructionvehicles, equipment,and machinery usedfor excavation anddisposal resulting todusts and increase inconcentration ofvehicle-relatedpollutants such ascarbon monoxide,sulphur oxides,particulate matter,nitrous oxides, andhydrocarbons.DuringconstructionactivityDuringconstructionactivityMitigation Measuresi) Construction Contractor shallidentify designated areas forstockpiling of sand, gravel, andother construction materials;ii) Construction material shall becovered or stored in such amanner so as to avoid beingaffected by wind direction.iii) Avoid stockpiling of earthfill especially during themonsoon season unless coveredby tarpaulins or plastic sheets;i) Unpaved haul roads near /passing through residential andcommercial areas to bewatered twice in a day.ii) Trucks carrying constructionmaterial to be adequately coveredto avoid the dust pollution and toavoid the material spillage.ResponsibleforMitigationConstructionContractor(CC)ConstructionContractor(CC)MonitoringIndicators ofMitigationLocation ofstockpilesi) Complaintsfrom sensitivereceptorsii) heavyequipment andmachinerywith airpollutioncontrol devicesiii) ambient airfor respirableparticulatematter (RPM)and suspendedparticulatematter (SPM);(iv) vehicularemissions suchas sulphurdioxide (SO2),nitrous oxidesReferenceDocumentTheEnvironment(Protection)Act, 1986The Air(Preventionand Control ofPollution) Act1981CPCBstandards ofambient airquality andvehicular andequipmentemission208 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts4 Excavation[Cl. 3.1 (Div-3) ofSpecifications- Section VIIA)]101-104, 117, 121,201-204, 219, 301,401, 426, 501, 601,701, 801, 901.Fugitive DustPollution nearsettlementsDuringconstructionactivityMitigation Measuresi) All earth work will beprotected in a manner acceptableto the engineer to minimizegeneration of dust.ii)Sprinkling of water onconstruction sites using watertanker when necessary during dryweatherResponsibleforMitigationConstructionContractor(CC)MonitoringIndicators ofMitigation(NOx), carbonmonoxide(CO), andhydrocarbonsi) Complaintsfrom sensitivereceptors /residents.ReferenceDocumentTheEnvironment(Protection)Act, 1986The Air(Preventionand Control ofPollution) Act19815 Shifting ofcommonutilities[Cl. 3.0 (Div-3) ofSpecifications- Section VIIA]6. Dewatering(Clause 1.7 ofspecifications- Section VIIA)109,207. Disruption of services Duringconstructionactivity105. Improper disposal cancontaminate nearbywater bodies.i) Ensure community consensusand minimum impact to commonutilities like telephone cable,electric cables, electric poles,water taps and etc.,ii) Provide advance notice (notless than 10 working days) toaffected parties.ii) Affected utilities shall berelocated with prior approval ofthe concerned agencies beforeconstruction starts.Adequate care has to be taken bythe contractor not to let out thedewatered water into the nearbywater bodies falling underconstruction activity.ConstructionContractor(CC)ConstructionContractor(CC)i)complaintsfrom sensitivereceptorsAnalysis ofwater samples.ContractdocumentThe Water(Preventionand Control ofPollution) Act1974209 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts7. Pollutionfrom Fuel andLubricants101-104, 117, 121,201-204, 219, 301,401, 426, 501, 601,701, 801, 901.Leakage of Fuel andlubricants used in themachinery is the mainsource of water andsoil pollution.Mitigation Measuresi) The contractor shall ensure thatall construction vehicles parkinglocation, fuel/lubricants storagesites, vehicle, machinery andequipment maintenance andrefuelling sites shall be locatedaway from rivers and irrigationcanal/ponds.ii) Contractor shall ensure that allvehicle/machinery and equipmentoperation, maintenance andrefuelling will be carried out insuch a fashion that spillage offuels and lubricants does notcontaminate the ground.iii) Contractor shall arrange forcollection, storing and disposal ofoily wastes to the pre-identifieddisposal sites (list to be submittedto Engineer) and approved by theEngineer. All spills and collectedpetroleum products will bedisposed off in accordance withMoEF and state PCB guidelines.iv) Engineer will certify that allarrangements comply with theguidelines of PCB/ MoEF or anyother relevant laws.ResponsibleforMitigationConstructionContractor(CC)MonitoringIndicators ofMitigationDisposal sitesReferenceDocumentTheEnvironment(Protection)Act, 1986.The Water(Preventionand Control ofPollution) Act19748. Noise Levels(Vehicles,Plant &Equipment)101-104, 117, 121,201-204, 219, 301,401, 426, 501, 601,701, 801, 901.Vehicular noisepollution at residential/ sensitive receptors.DuringconstructionactivityPlan activities in consultationwith ULB which will result inleast disturbance;Minimize utilization of horns;Maintain maximum sound levelsnot exceeding 80 decibels (dbA)when measured at a distance of10 m or more from the vehicle/s;andConduct noise level monitoringConstructionContractorComplaintsfrom sensitivereceptorsNoisePollution(Regulationand Control)Rules, 2000210 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts9 Tree cutting(Clause 5ofDiv.11SpecificationssectionVII A)1101,1103. (i) Felling of the trees–affect terrestrialecological balance.DuringconstructionactivityMitigation Measuresat sensitive receptors likereligious places, schools (SriChamundeswari Temple, Mosquenear by the side of Motilal Street,Kanka Durga Temple,Venkateswaraswami Temple,Krishna Kala Mandir, Sai BabaTemple, Yellamma Temple,Vandanjaneyu Swami Temple,Ramaswamy Temple), workingarea near water storagereservoirs, and major residentialareas (under networkdevelopment) of the townServicing of all constructionvehicles and machinery shall bedone regularly and during routineservicing operations, theeffectiveness of exhaust silencerswill be checked and if founddefective will be replacedi) Try to save the trees andprovide adequate protection tothe trees with tree guards asrequired.ii) Prohibit workers from cuttingof trees for firewood.;iii) Obtain tree-cutting permitfrom Urban Local Bodyiv) Require to plant 39 trees asagainst 13 nos. fellResponsibleforMitigationConstructionContractorMonitoringIndicators ofMitigationChecking ofconservationmanagementplan for treespecies andaquatic lifeReferenceDocumentForest(Conservation) Act, 1980,amended 1988<strong>Andhra</strong><strong>Pradesh</strong>Water, Landand Tree Act,200210 Aquatic fauna 121, 219. water qualitytemporaryturbidityduring constructionaffect aquatic faunaDuringconstructionactivityNot to dispose any constructionmaterials in water bodies fallingunder construction activity.ConstructionContractorChecking ofconservationmanagementplan for treespecies andaquatic lifeForest(Conservation) Act, 1980,amended 1988<strong>Andhra</strong><strong>Pradesh</strong>211 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts11 Disposal ofDebris / spoil[Cl. 1.8, ofGenl.SpecificationsVII A and Cl.2.2 & 2.4 ofDiv-2,SpecificationsVII A]121, 219. i) Improper disposalof debris can disruptnatural land contoursand vegetationresulting inaccelerated erosion,disturbance in naturaldrainage patterns,ponding and waterlogging, and waterpollution.ii) Improper disposalalso affects aestheticand land environment.Duringconstructionperiod.Mitigation Measures• Manage solid wasteaccording to the followingpreference hierarchy: reuse,recycling and disposal todesignated areas as per ULBrequirements;• Avoid stockpiling of excessexcavated soils;• Coordinate with Ananthapur<strong>Municipal</strong> Corporation forbeneficial uses of excessexcavated soils orimmediately dispose todesignated areas;• The contractor shall notdispose excavated materialnear the cross drainageworks viz., culverts, drains,streams so as not affect thenatural regime of the waterflow.ResponsibleforMitigationConstructionContractorMonitoringIndicators ofMitigation(i) WasteManagementPlan;(ii) complaintsfrom sensitivereceptors(iii) ULB toreport inwriting that thenecessaryenvironmentalrestorationwork has beenadequatelyperformedbeforeacceptance ofwork.ReferenceDocumentWater, Landand Tree Act,2002WildlifeProtection ActThe<strong>Municipal</strong>Solid Wastes(Managementand Handling)Rules, 2000• Excess earth quantity of .237638 cum can bedisposed off for filling up oflow lying areas on both sideof Bangalore Road(ShridiSai Auto Garage to Azad212 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpactsMitigation MeasuresNagar), A.P. Fisheriescompound, GeorgepetaReservoir site to M.G.Colony, Near HinduDhahanavatika areas, Rightside of Mpl. Park site nearSanghamitra Nagar, Rightside of C.C. Road.ResponsibleforMitigationMonitoringIndicatorsMitigationofReferenceDocument12 Diversion oftraffic duringconstruction(Cl. 2.1, Div-2 ofspecifications- Section VIIA)101-104, 109, 110,112, 113, 115, 124,201-204, 207, 208,214, 215, 218, 222.Traffic problems inright-of-way (ROW)during laying of pipelines.Duringconstructionactivityi) Before taking up ofconstruction activity, a TrafficControl Plan shall be devised andimplemented to the satisfactionof the Engineer.ii) Construction shall be takenphase –wise so that sections areavailable for traffic.iii) Temporary diversion will beprovided with the approval of theengineer.iv)The Detailed traffic controlplans prepared and submitted tothe engineers for approval oneweek prior to commencement ofworks shall contain details oftemporary diversion, details ofarrangements for constructionunder traffic, details of trafficarrangement after cessation ofwok each day, v)SIGNAGES,safety measures for transport ofhazardous materials andarrangement of flagmen.vi) The arrangement for thetemporary diversion of the roadshall ensure to minimize theenvironmental impacts, like lossof vegetation, productive landsetc., prior to the finalization ofConstructionContractor(i) TrafficManagementPlan(ii) complaintsfrom sensitivereceptors(iii) number ofsign boardsplaced atsubprojectsites.ContractdocumentAppropriateConstructionTechniques213 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts13 Stacking ofpipes &appurtenances107, 108, 111, 114,125, 206, 209-213,217, 303, 304, 306,307, 427, 506, 624,729, 823.Improper stacking ofpipes leads to trafficproblems andaccessibility toproperties.DuringconstructionactivityMitigation Measuresdiversion and detours.vii) Special consideration will begiven to the preparation of thetraffic control plan for safety ofpedestrians and workers at night.viii) The contractor will ensurethat the diversion / detour isalways maintained in runningcondition, particularly during themonsoon to avoid disruption totraffic flow. He shall inform localcommunity of changes to trafficroutes, conditions and pedestriansaccess arrangements.ix) This plan will be periodicallyreviewed with respect to siteconditions.x) The temporary traffic detourwill be kept free of dust byfrequent application of water.xi) The construction site shouldbe barricaded at all time in a daywith adequate marking, flags,reflectors etc. for safety ofgeneral traffic movement andpedestrians.Through preliminary survey thefollowing locations have beenselected for stacking of pipes andmaterials: <strong>Municipal</strong> Park nearA.P. Fisheries, Vacant land atHamali Colony, M. Park nearVidyut Nagar, M. Park nearRMH School, M. Park at AravindNagar, Mpl. Guest Housecompound near Fire Station,Vidya Ramaya SchoolCompound, Gandhi Park OldResponsibleforMitigationConstructionContractorMonitoringIndicators ofMitigationLocation ofstacking areas,complaintsfrom sensitivereceptors;ReferenceDocumentContractdocumentAppropriateConstructionTechniques214 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpactsMitigation MeasuresTown Compound, Mpl. Park nearSrinagar Colony, SE(HLC)office compound.ResponsibleforMitigationMonitoringIndicatorsMitigationofReferenceDocument14 Socio-Economic –Income.15 OccupationalHealth andSafety(Clause 1.6 ofGenl.specifications- Section VIIA)101-104, 109, 110,112, 113, 115, 201-204, 207, 208, 214,215, 218.ApplicableimplementingBoQ items.forallImpede the access ofresidents andcustomers to nearbyshops during laying ofpipelines.Occupational hazardswhich can arise fromworking in <strong>Project</strong>sitesDuringpipe layingactivityperiodThroughoutthe workingperiod atproject sites(i) Leave spaces for accessbetween mounds of soil;(ii) Provide walkways and metalsheets where required to maintainaccess across trenches for peopleand vehicles;(iii) Increase workforce in frontof critical areas such asinstitutions, place of worship,business establishment, hospitals,and schools;(iv) Provide sign boards forpedestrians to inform nature andduration of construction worksand contact numbers forconcerns/ complaints.(i) Implement Health and Safety(H and S) measures including: (a)excluding public from the site;(b) ensuring all workers areprovided with and use ofPersonal Protective Equipmentlike helmet, gloves andgumboots at concretinglocations, nose musk at dustproducing areas, safety beltduring work at height; (c) H andS Training for all sitepersonnel; (d) documentedprocedures to be followed forall site activities; and (e)ConstructionContractorConstructionContractor(i) Complaintsfrom sensitivereceptors(ii) Number ofwalkways, signboards, andmetal sheetsplaced at subprojectsites.(i) Health andSafety (H andS) measures;(ii) Equippedfirst-aidstations;(iii) Medicalinsurancecoverage forworkers;(iv) Number ofaccidents;(v) Supplies ofpotabledrinking water;ContractdocumentSocial impactassessmentandcompensationmatrixEnvironmental, Health, andSafety (EHS)Guidelines-Water andsanitation(2007)prepared byWorld BankGroup215 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpactsMitigation Measuresdocumentation of work-relatedaccidents;(ii) Ensure that qualified first-aidcan be provided at all times ( atworking sites and camp). FirstAid box shall be easily accessiblethroughout the site;(iii) Provide medical insurancecoverage for workers;(iv) Provide supplies of potabledrinking water;(v) Provide clean eating areaswhere workers are not exposed tohazardous or noxious substances;(vi) Provide H and S orientationtraining to all new workers;(vii) Use fall protectionequipment when working atheights (such as helmets, safetybelts);(viii) Maintain work areas tominimize slipping and trippinghazards;(ix)For night work, provision ofproper illumination for thework space, while controllingglare so as not to blind workersand passing motorists;(x) Ensure the visibility ofworkers through their use ofhigh visibility vests whenworking in or walking throughheavy equipment operating areas;(xi) Ensure moving equipmentResponsibleforMitigationMonitoringIndicators ofMitigation(vi) Cleaneating areaswhere workersare not exposedto hazardous ornoxioussubstances;(vii) record ofH and Sorientationtrainings ;(viii) personalprotectiveequipments;and(ix) % ofmovingequipmentoutfitted withaudible backupalarms;ReferenceDocument216 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts16 Work Camps(Clause 11.1.3(J) ofspecifications- Section VIIC)ApplicableimplementingBoQ items.forallTemporary air andnoise pollution frommachine operation,water pollution fromstorage and use offuels, oils, solvents,and lubricantsThroughouttheexecutionperiodMitigation Measuresis outfitted with audible back-upalarms; and(xii) Disallow worker exposureto noise level greater than 80dBA for a duration of more than8 hours per day without hearingprotection. The use of hearingprotection shall be enforcedactively.(xiii) The contractor will makesure that during the constructionwork all relevant provisions ofthe Construction Workers(regulation of Employment andConditions of Services) Act,1996 are adhered to.The contractor shall guaranteethe following:i) The location, layout and basicfacility provision of each labourcamp will be submitted toEngineer prior to theirconstruction.ii) The construction willcommence only upon the writtenapproval of the Engineer.iii) The Contractor shall constructand maintain all labouraccommodation in such a fashionthat uncontaminated water isavailable for drinking, cookingand washing.iv) Supply of sufficient quantityof potable water in everyworkplace/labour camp site atsuitable and easily accessibleResponsibleforMitigationConstructionContractorMonitoringIndicators ofMitigation(i) Complaintsfrom sensitivereceptors(ii) water andsanitationfacilities foremployees; and(iii) ULBreport inwriting that thecamp has beenvacated andrestored topre-projectconditionsReferenceDocumentContractdocumentEnvironmental, Health, andSafety (EHS)Guidelines-Water andsanitation(2007)prepared byWorld BankGroupThe<strong>Municipal</strong>Solid Wastes(Management217 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpactsMitigation Measuresplaces and regular maintenanceof such facilities.v) The sewage system for thecamp shall be designed, built andoperated in such a fashion thatno health hazards occurs and nopollution to the air, groundwater or adjacent water coursestake place. Ensure adequatewater supply is to be provided inall toilets and urinals.ResponsibleforMitigationMonitoringIndicatorsMitigationofReferenceDocumentand Handling)Rules, 200017 Chance FoundArchaeological PropertyApplicableimplementingBoQ items.forallRisk of archaeologicalchance findsThroughouttheexecutionperiodThrough preliminary survey thefollowing locations have beenselected for setting up camp sites:<strong>Municipal</strong> Park near A.P.Fisheries, Vacant land at HamaliColony, M. Park near VidyutNagar, M. Park near RMHSchool, M. Park at AravindNagar, Mpl. Guest Housecompound near Fire Station,Vidya Ramaya SchoolCompound, Gandhi Park OldTown Compound, Mpl. Parknear Srinagar Colony, SE(HLC)office compound.i) All fossils, coins, articles ofvalue of antiquity, structures andother remains or things ofgeological or archaeologicalinterest discovered on the siteshall be the property of theGovernment and shall be dealtwith as per provisions of therelevant legislation.ii) The contractor will takeConstructionContractor(i)Recordschance findsofThe AncientMonumentsandArchaeologicalSites andRemains Act1958218 Section VII. Works Requirements


S.No. Activity BoQ Reference Anticipated Impact Duration ofimpacts18 Clearing ofconstructioncamps andrestoration(Cl. 1.8.2 ofGenl.SpecificationsVII A)ApplicableimplementingBoQ items.forallLand AestheticsAftercompletionof theprojectMitigation Measuresreasonable precautions to preventhis workmen or any otherpersons from removing anddamaging any such article orthing.iii) He will, immediately upondiscovery thereof and beforeremoval acquaint the Engineer ofsuch discovery and carry out theSC's instructions for dealing withthe same, waiting which all workshall be stopped.iv) The Engineer will seekdirection from theArchaeological Survey of India(ASI) before instructing theContractor to recommence thework in the site.i) Contractor to prepare siterestoration plans, the plan is to beimplemented by the contractorprior to demobilization.ii) On completion of the works,all temporary structures will becleared away, all rubbish cleared,excreta or other disposal pits ortrenches filled in and effectivelysealed off and the site left cleanand tidy, at the contractor’sexpenses, to the entiresatisfaction of the engineer.ResponsibleforMitigationConstructionContractorMonitoringIndicators ofMitigationFinal clearancecertificate fromthe Engineer inCharge.ReferenceDocumentContractdocument219 Section VII. Works Requirements


Appendix VIISALIENT FEATURES OF SOME OF THE MAJOR LAWS THAT ARE APPLICABLE FORPROTECTION OF ENVIRONMENT.Laws on protectionof EnvironmentAdd the following as GC Clause 4.18:The contractor shall take all reasonable steps to protect the environment on and offthe Site and to avoid damage or nuisance to persons or to property of the public orothers resulting from pollution, noise or other causes arising as a consequence of hismethods of operation.During continuance of the contract, the contractor and his sub-contractors shall abide atall times by all existing enactments on environmental protection and rules madethere under, regulations, notifications and bye-laws of the State or Central Government,or local authorities and any other law, bye-law, regulations that may be passed ornotification that may be issued in this respect in future by the State or CentralGovernment or the local authority.Salient features of some of the major laws that are applicable are given below :1. The Water (Prevention and Control of Pollution) Act, 1974, This provides for theprevention and control of water pollution and the maintaining and restoring ofwholesomeness of water. ‘Pollution’ means such contamination of water or suchalteration of the physical, chemical or biological properties of water or suchdischarge of any sewage or trade effluent or of any other liquid, gaseous or solidsubstance into water(whether directly or indirectly) as may, or is likely to, createa nuisance or render such water harmful or injurious to public health or safety, orto domestic, commercial, industrial, agricultural or other legitimate uses, or to thelife and health of animals or plants or of aquatic organisms.2. The Air (Prevention and Control of Pollution) Act, 1981, This provides forprevention, control and abatement of air pollution. ‘Air Pollution’ means thepresence in the atmosphere of any ‘air pollutant’, which means any solid, liquidor gaseous substance (including noise) present in the atmosphere in suchconcentration as may be or tend to be injurious to human beings or other livingcreatures or plants or property or environment.3. The Environment (Protection) Act, 1986, This provides for the protection andimprovement of environment and for mattes connected therewith, and theprevention of hazards to human beings, other living creatures, plants andproperty. ‘Environment’ includes water, air and land and the inter-relationshipwhich exists among and between water, air and land, and human beings, otherliving creatures, plants, micro-organism and property.4. The Public Liability Insurance Act, 1991, This provides for public liabilityinsurance for the purpose of providing immediate relief to the persons affected byaccident occurring while handling hazardous substances and for mattes connectedherewith or incidental thereto. Hazardous substance means any substance orpreparation which is defined as hazardous substance under the Environment221


(Protection) Act 1986, and exceeding such quantity as may be specified bynotification by the Central Government.5. Forest (Conservation) Act, 1980 (amended in 1988)Forest (Conservation) Act, 1980 (amended in 1988) enacted by Governmentof India, restricts the de-reservation of forests for use of non-forest purposes.Forest (Conservation) Act, 1980 (amended in 1988) enacted by Governmentof India, restricts the de-reservation of forests for use of non-forest purposes.The Forest (Conservation) Rules, 2003 issued under this Act, provide specificprocedures to be followed for conversion of forest land for non-forestpurposes.Cutting of trees in non-forest land, irrespective of land ownership, alsorequires permission from the State Forest Department. Afforestation to theextent of two trees per each tree felled is mandatory.6. <strong>Andhra</strong> <strong>Pradesh</strong> Water, Land And Trees Act, 2002The Act came into force on July 1, 2002 with an objective of promoting wasteconservation and tree cover and regulating the exploitation and use of ground andsurface water for protection and conservation of water sources, land andenvironment and matters connected therewith.'Preservation of trees' includes planting of new trees and transplanting trees toother sites including protection measures such as fence tree guards etc. 'To fell atree' includes burning, cutting, debarking, girdling and release of harmfulchemical and such other potations, which may damage any part of the tree guardsetc.7. The <strong>Andhra</strong> <strong>Pradesh</strong> Infrastructure <strong>Development</strong> Enabling Act, 2001 (Actno. 36 of 2001)Under the Act,“Polluter Charges” means levy of Prescribed charges by the InfrastructureAuthority on any Developer, if any Developer pollutes the environment or doesnot adhere to the specifications and measures for environment preservation &conservation agreed under the contract with the Government or the GovernmentAgency or the Local Authority or fails to stop polluting the environment within30 days of receipt of notice in writing from the Infrastructure Authority or theGovernment Agency or the Local Authority.222 Section VII. Works Requirements


Appendix VIISALIENT FEATURES OF SOME OF THE MAJOR LAWS THAT ARE APPLICABLE FORPROTECTION OF ENVIRONMENT.Laws on protectionof EnvironmentAdd the following as GC Clause 4.18:The contractor shall take all reasonable steps to protect the environment on and offthe Site and to avoid damage or nuisance to persons or to property of the public orothers resulting from pollution, noise or other causes arising as a consequence of hismethods of operation.During continuance of the contract, the contractor and his sub-contractors shall abide atall times by all existing enactments on environmental protection and rules madethere under, regulations, notifications and bye-laws of the State or Central Government,or local authorities and any other law, bye-law, regulations that may be passed ornotification that may be issued in this respect in future by the State or CentralGovernment or the local authority.Salient features of some of the major laws that are applicable are given below :1. The Water (Prevention and Control of Pollution) Act, 1974, This provides for theprevention and control of water pollution and the maintaining and restoring ofwholesomeness of water. ‘Pollution’ means such contamination of water or suchalteration of the physical, chemical or biological properties of water or suchdischarge of any sewage or trade effluent or of any other liquid, gaseous or solidsubstance into water(whether directly or indirectly) as may, or is likely to, createa nuisance or render such water harmful or injurious to public health or safety, orto domestic, commercial, industrial, agricultural or other legitimate uses, or to thelife and health of animals or plants or of aquatic organisms.2. The Air (Prevention and Control of Pollution) Act, 1981, This provides forprevention, control and abatement of air pollution. ‘Air Pollution’ means thepresence in the atmosphere of any ‘air pollutant’, which means any solid, liquidor gaseous substance (including noise) present in the atmosphere in suchconcentration as may be or tend to be injurious to human beings or other livingcreatures or plants or property or environment.3. The Environment (Protection) Act, 1986, This provides for the protection andimprovement of environment and for mattes connected therewith, and theprevention of hazards to human beings, other living creatures, plants andproperty. ‘Environment’ includes water, air and land and the inter-relationshipwhich exists among and between water, air and land, and human beings, otherliving creatures, plants, micro-organism and property.4. The Public Liability Insurance Act, 1991, This provides for public liabilityinsurance for the purpose of providing immediate relief to the persons affected byaccident occurring while handling hazardous substances and for mattes connectedherewith or incidental thereto. Hazardous substance means any substance orpreparation which is defined as hazardous substance under the Environment223 Section VII. Works Requirements


(Protection) Act 1986, and exceeding such quantity as may be specified bynotification by the Central Government.5. Forest (Conservation) Act, 1980 (amended in 1988)Forest (Conservation) Act, 1980 (amended in 1988) enacted by Governmentof India, restricts the de-reservation of forests for use of non-forest purposes.Forest (Conservation) Act, 1980 (amended in 1988) enacted by Governmentof India, restricts the de-reservation of forests for use of non-forest purposes.The Forest (Conservation) Rules, 2003 issued under this Act, provide specificprocedures to be followed for conversion of forest land for non-forestpurposes.Cutting of trees in non-forest land, irrespective of land ownership, alsorequires permission from the State Forest Department. Afforestation to theextent of two trees per each tree felled is mandatory.6. <strong>Andhra</strong> <strong>Pradesh</strong> Water, Land And Trees Act, 2002The Act came into force on July 1, 2002 with an objective of promoting wasteconservation and tree cover and regulating the exploitation and use of ground andsurface water for protection and conservation of water sources, land andenvironment and matters connected therewith.'Preservation of trees' includes planting of new trees and transplanting trees toother sites including protection measures such as fence tree guards etc. 'To fell atree' includes burning, cutting, debarking, girdling and release of harmfulchemical and such other potations, which may damage any part of the tree guardsetc.7. The <strong>Andhra</strong> <strong>Pradesh</strong> Infrastructure <strong>Development</strong> Enabling Act, 2001 (Actno. 36 of 2001)Under the Act,“Polluter Charges” means levy of Prescribed charges by the InfrastructureAuthority on any Developer, if any Developer pollutes the environment or doesnot adhere to the specifications and measures for environment preservation &conservation agreed under the contract with the Government or the GovernmentAgency or the Local Authority or fails to stop polluting the environment within30 days of receipt of notice in writing from the Infrastructure Authority or theGovernment Agency or the Local Authority.224 Section VII. Works Requirements


List of Drawings – AnanthapurSl. No. Description Drawing No.1 Map of <strong>Project</strong> Area showing Ananthapur <strong>Municipal</strong> Corporation areawith Revenue Wards and areas to be addedAPMDP/ATP/012 Map showing Rising Main Route from Intake Well to Ananthapur<strong>Municipal</strong> Corporation Area with PABR Dam Reservoir as SourceAPMDP/ATP/043 Schematic Diagram of Water Supply System of Ananthapur <strong>Municipal</strong>Corporation Area with PABR Dam Reservoir as SourceAPMDP/ATP/054 Map showing Rising Main Route of PABR Scheme APMDP/ATP/135 Map showing the Proposed Rising Mains connecting 4 New ELSRs –Mpl land near SE(HLC), Mpl land by the side of AP FisheriesCompound, Gourav Garden, Mpl Park Site on 5 th RoadAPMDP/ATP/1A6 Long section of Clear Water Rising Main APMDP/ATP/ 35A- 35B7 Water Supply Distribution Zones – 33 Nos APMDP/ATP/Z-1 to Z-338 Typical Details of Boundary Wall APMDP/STD/019 Details of MS Gate APMDP/STD/1810 Staff Quarter APMDP/STD/1911 G.A. Drawing of Guard Room APMDP/STD/0212 GA Drawing of Office Room APMDP/STD/3113 Standard Details of Thrust Block APMDP/STD/1414 Standard Details of Valve Chamber APMDP/STD/1515 Water Supply House Connection Details APMDP/STD/1716 Pipe Support Structure APMDP/STD/2117 Details of Chlorination House APMDP/STD/2218 GA Drawing of Meter Chamber APMDP/STD/4019 Type Drawing of Domestic House Service Connection APMDP/STD/17/120 Pipe trenches - model APMDP/STD/3921 Transformer model APMDP/STD/38225 Section VII. Works Requirements


Supplementary InformationGeneral Information of the Town:Description of the TownAnanthapur is the largest district of <strong>Andhra</strong> <strong>Pradesh</strong> and the second largest district in India.Ananthapur town is the Head Quarters of the district. Its geographical co-ordinates are 15 0 41’ 0”North latitude and 77 0 37’ 0” East longitudes. It is spread over an area of 47.50 sq. km having apopulation of 243143 as per 2001 Census and is located at a distance of 354 km from the statequarter Hyderabad. It is said that Ananthapur derived its name from "Ananthasagaram“(meaningendless ocean) a huge tank in the vicinity. "Hande Ananthapuram” is the other name of the place.The village of Ananthasagaram and Bukkarayasamudram were constructed by Chikkavodeya, theminister of Bukka – I, a Vijayanagar ruler. Some authorities assert that the Ananthasagaram wasnamed after Bukka’s queen, while some contend that it is known after Anantharasa Chikkavodeyahimself as Bukka had no queen by that name.Ananthapur falls within the Rayalaseema region of the State. The area is famous for its silk tradeindustry. There are imposing forts in its periphery that indicates the reminiscences of the royalty.There are many ancient temples in and around the town. The <strong>Municipal</strong>ity has been up graded to thelevel of Corporation w.e.f. April 2005 vide G.O.Ms. No. 249 MA dated 31-03-2005. The town is wellconnected by road and railways. Ananthapur is situated on Varanashi – Kanyakumari NationalHighway No 7. Ananthapur – Chennai State Highway also connects it. The Ananthapur being draughtprone district, many migrations took place to the town leading to evolution of slums. There are 43notified slums with 14182 households having a population of 77384. Population of 12 non-notifiedslums is 3202 and has 650 households. The town is split up into 50 Election Wards and 28 Revenuewards.Demographic Details:Population of Ananthapur <strong>Municipal</strong> CorporationYearCensus Decadal Percentage increase betweenPopulation Increase consecutive decades1931 150996383 42.31941 2148210470 48.71951 3195220328 63.61961 522801971 80069 27789 53.2226 Section VII. Works Requirements


39462 49.31981 11953155393 46.31991 17492468219 392001 24314320755 8.52011263898(provisional)As per 2001 census, the total population of the town is 243143 of which 50.32% are male and49.68% are females. About 69.30% are literate. The total SC and ST population are 15098 and 5447respectively. Total number of households is 39,353.MeteorologyThe weather of the town is generally hot and partially humid which is common in any tropical area.The summer usually extends from March to June, The rainy season is from July to October andwinter season is from November to February. The temperature of the town varies from 20 0 C to 50 0 C.The average annual rainfall in the town area is around 500 mm. Ananthapur region was identified as2 nd lowest rainfall area after Jaisalmir in Rajasthan. Ananthapur region is surrounded by mountainsand hence NE and SW monsoons cannot provide proper rainfall. Thus, it is a chronically draughtprone area in <strong>Andhra</strong> <strong>Pradesh</strong> State.TopographyThe town is almost centrally located in the district. The Tungabhadra Dam High Level Canal (HLC) ispassing through the town. The soil is mainly gravelly type under led by rock strata. The ground levelvaries from 335 to 355 m above MSL.Sewerage SystemAnanthapur town has no underground sewerage facility. Each individual household has septic tankand the effluent is either taken to a soak pit or discharged into the surface drain. The slum dwellersgenerally use Two-Pit Pour Flush Latrines. However, stray cases of open defecation in slum areasare there. The Consultant feels the program of providing latrine to each household should be giventop most priority and the <strong>Municipal</strong>ity may take appropriate steps in promoting latrine program throughIEC activities and introduction of incentivesDrainage SystemThe Drainage of the town is implemented by surface drains which ultimately discharge to nearby lowlying areas. The main drain passes through the middle of the town. According to the information givenby the <strong>Municipal</strong>ity there are about 191.55 km long Pucca Surface Drain and 92.72 km long KutchaSurface Drain. In addition, there is a storm water drain of 1.75 km. Cleaning of storm water drains isensured by engaging contract labours.227 Section VII. Works Requirements


Solid Waste ManagementAccording to an estimate done by the <strong>Municipal</strong>ity on an average about 105 MT of solid waste isgenerated in the town in each day which is disposed off by the municipality by simple dumping to fillup low lying areas. The garbage from the streets and the market places are collected with the help of37 cycle vans and transported to vats located at different places. From the vats, the garbage iscollected with the help of 9 tractor trailers and transported to the low lying dumping ground locatedoutside the municipal limit.The door-to-door collection of garbage is done in 25% area of the <strong>Municipal</strong> Corporation with the helpof cycle vans. Eighty percent (80%) of garbage disposal works are done with the help of contractlabours.Existing Water Supply SystemThe water supply to the town was first introduced in 1924 with infiltration well in the bed of the riverPandameru near the Engineering College. There are three wells each of about 3 m (10 feet)diameter. The water from the infiltration wells is pumped into a collection well from where it is againpumped to the GLSR of capacity 260 KL located at Kalaramam near the Engineering College fordistribution through a network of pipe line. The designed yield of the well was 0.45 MLD.As the town grew, the demand of water increased and water supply was augmented by constructinganother infiltration gallery in the river Tadakleru. The water is collected in a 3 m (10 feet) dia.collection well and then pumped to the 450 KL capacity ELSR located at Georgepeta. Subsequentlyanother source of water was developed at Rachakalva.In course of time all the three sources viz, Pandameru, Tadakleru and Rachakalva became unreliableand in 1981 a water supply scheme with the surface water of HLC canal was constructed. In the year,1999 the Satya Sai Water Supply scheme was taken up with the financial assistance of BhagabanSatya Sai Baba Trust based on MPR South Canal as the sourceThere are five independent sources of water at Ananthapur viz.• Infiltration Well in the river Pandameru• Infiltration Well in the river Tadakleru• Infiltration Well and ground tube well at Rachakalva• RG filter works• Satya Sai Slow Sand Filter WorksIn addition to the above sources there are large number of hand bored tube wells and powered borewells. Details of the different water sources are presented in Table below:Sl.No.Details of water supply arrangements in Ananthapur <strong>Municipal</strong> CorporationName of Water WorksSource of WaterCapacity(MLD)1 Infiltration Well at PandameruSub-surface flow of PandameruRiver0.452 Infiltration Well at Tadakleru Sub-surface flow of Tadakleru River 2.043Bore Well / Infiltration Well AtRacha KalvaGround Water 1.63228 Section VII. Works Requirements


4Rapid Gravity Filters at SummerStorage (SS) TankHigh Level South Canal(HLC) ofTungabhadra Dam also known asMid Penna Reservoir (MPR) SouthCanal5 Slow Sand Filter at Satya Sai Tank -DO- 2.23Sub Total 15.446 Powered Bore Well – 190 nos Ground Water 3.607Hand Pump Fitted Bore Well – 550nosGround Water 2.009.09Total 21.04f RG FilterTo overcome the shortage of water a new scheme with water of Penna Aohobilam BalancingReservoir (PABR) as the source was sanctioned under UIDSSMT. The scheme is underimplementation by the PHED. Construction of the intake, treatment plant and transmission mainsconnecting the WTP and ELSRs are almost complete. The construction of 15 ELSRs up to staginglevel is also complete. The scheme has been partially commissioned and the water is being fed tofour existing reservoirs Viz. Georgepeta, Srinagar Colony, O/o SE (PH), Ananthapur and LaxmiNagar to overcome the acute shortage of water supply in the town particularly during the summerseason.The raw water from the intake is taken to the treatment plant located at the highest point at adistance of about 9 km in between Jalli Palli and Muddalapuram. The WTP is of 61 MLD capacity. Inaddition there is a provision of chlorination of the treated water. The water from the Intake to theWTP is transmitted by a 1000 mm dia 18 Kg/cm 2 BWSC pumping main. From WTP the water flowsby gravity to the different distribution reservoirs. The water from the WTP is first taken to the BreakPressre Tank No 1 of capacity 300 KL located at Muddalapuram through a 1100 mm dia. 12 Kg/cm 2BWSC gravity main. Total length of this main is about 5 km. Thereafter the water flows to the BreakPressure Tank No 2 located at Kuderu near the Mondal Revenue Office (MRO) through a 700 mmdia. 10 Kg/cm 2 BWSC gravity main. From Kuderu the water will flow by gravity through a 1100 mmdia. 12 Kg/cm 2 BWSC main upto APIIC Road junction outside the <strong>Municipal</strong> Corporation boundary.From APIIC road junction water will flow by gravity to all the existing as well as proposed reservoirsfor supply to the consumers.229 Section VII. Works Requirements


PART 3 – CONDITIONS OF CONTRACTAND CONTRACT FORMS231 Section VIII. General Conditions


Section VIII. General Conditions (GC)1. General Provisions ...................................................................................................2381.1 Definitions......................................................................................................2381.2 Interpretation ..................................................................................................2441.3 Communications ............................................................................................2441.4 Law and Language .........................................................................................2451.5 Priority of Documents ....................................................................................2451.6 Contract Agreement .......................................................................................2461.7 Assignment ....................................................................................................2461.8 Care and Supply of Documents .....................................................................2461.9 Delayed Drawings or Instructions .................................................................2471.10 Employer’s Use of Contractor’s Documents .................................................2471.11 Contractor’s Use of Employer’s Documents .................................................2481.12 Confidential Details .......................................................................................2481.13 Compliance with Laws ..................................................................................2491.14 Joint and Several Liability .............................................................................2491.15 Inspections and Audit by the Bank ................................................................2492. The Employer ...........................................................................................................2502.1 Right of Access to the Site .............................................................................2502.2 Permits, Licences or Approvals .....................................................................2502.3 Employer’s Personnel ....................................................................................2512.4 Employer’s Financial Arrangements .............................................................2512.5 Employer’s Claims.........................................................................................2513. The Engineer ............................................................................................................2523.1 Engineer’s Duties and Authority ...................................................................2523.2 Delegation by the Engineer ............................................................................2543.3 Instructions of the Engineer ...........................................................................2553.4 Replacement of the Engineer .........................................................................2553.5 Determinations ...............................................................................................2554. The Contractor .........................................................................................................2564.1 Contractor’s General Obligations ..................................................................2564.2 Performance Security .....................................................................................2574.3 Contractor’s Representative ...........................................................................2584.4 Subcontractors................................................................................................2594.5 Assignment of Benefit of Subcontract ...........................................................2594.6 Co-operation ..................................................................................................2604.7 Setting Out .....................................................................................................2604.8 Safety Procedures...........................................................................................2614.9 Quality Assurance ..........................................................................................2614.10 Site Data .........................................................................................................262232 Copyright FIDIC Section VIII. General Conditions


4.11 Sufficiency of the Accepted Contract Amount ..............................................2624.12 Unforeseeable Physical Conditions ...............................................................2634.13 Rights of Way and Facilities ..........................................................................2644.14 Avoidance of Interference ..............................................................................2644.15 Access Route ..................................................................................................2644.16 Transport of Goods ........................................................................................2654.18 Protection of the Environment .......................................................................2654.19 Electricity, Water and Gas .............................................................................2664.22 Security of the Site .........................................................................................2684.23 Contractor’s Operations on Site .....................................................................2684.24 Fossils ............................................................................................................2695. Nominated Subcontractors .....................................................................................2695.1 Definition of “nominated Subcontractor” ......................................................2695.2 Objection to Nomination................................................................................2695.3 Payments to nominated Subcontractors .........................................................2705.4 Evidence of Payments ....................................................................................2706. Staff and Labour ......................................................................................................2716.1 Engagement of Staff and Labour ...................................................................2716.2 Rates of Wages and Conditions of Labour ....................................................2716.3 Persons in the Service of Employer ...............................................................2726.4 Labour Laws ..................................................................................................2726.5 Working Hours...............................................................................................2726.6 Facilities for Staff and Labour .......................................................................2726.7 Health and Safety ...........................................................................................2726.8 Contractor’s Superintendence ........................................................................2746.9 Contractor’s Personnel ...................................................................................2746.10 Records of Contractor’s Personnel and Equipment .......................................2746.11 Disorderly Conduct ........................................................................................2746.12 Foreign Personnel ..........................................................................................2756.13 Supply of Foodstuffs ......................................................................................2756.14 Supply of Water .............................................................................................2756.15 Measures against Insect and Pest Nuisance ...................................................2756.16 Alcoholic Liquor or Drugs .............................................................................2756.17 Arms and Ammunition ..................................................................................2756.18 Festivals and Religious Customs ...................................................................2756.19 Funeral Arrangements ....................................................................................2766.20 Prohibition of Forced or Compulsory Labour ...............................................2766.21 Prohibition of Harmful Child Labour ............................................................2766.22 Employment Records of Workers ..................................................................2766.23 Workers’ Organisations .....................................................................................2766.24 Non-Discrimination and Equal Opportunity ......................................................2777. Plant, Materials and Workmanship .......................................................................2777.1 Manner of Execution......................................................................................2777.2 Samples ..........................................................................................................277233 Copyright FIDIC Section VIII. General Conditions


7.3 Inspection .......................................................................................................2777.4 Testing............................................................................................................2787.5 Rejection ........................................................................................................2797.6 Remedial Work ..............................................................................................2797.7 Ownership of Plant and Materials..................................................................2807.8 Royalties ........................................................................................................2808. Commencement, Delays and Suspension ...............................................................2808.1 Commencement of Works .............................................................................2808.2 Time for Completion......................................................................................2818.3 Programme .....................................................................................................2818.4 Extension of Time for Completion ................................................................2828.5 Delays Caused by Authorities ........................................................................2838.6 Rate of Progress .............................................................................................2838.7 Delay Damages ..............................................................................................2848.8 Suspension of Work .......................................................................................2848.9 Consequences of Suspension .........................................................................2858.10 Payment for Plant and Materials in Event of Suspension ..............................2858.11 Prolonged Suspension ....................................................................................2858.12 Resumption of Work ......................................................................................2869. Tests on Completion ................................................................................................2869.1 Contractor’s Obligations ................................................................................2869.2 Delayed Tests .................................................................................................2869.3 Retesting ........................................................................................................2879.4 Failure to Pass Tests on Completion ..............................................................28710. Employer’s Taking Over .........................................................................................28710.1 Taking Over of the Works and Sections ........................................................28710.2 Taking Over of Parts of the Works ................................................................28810.3 Interference with Tests on Completion ..........................................................28911. Defects Liability .......................................................................................................29011.1 Completion of Outstanding Work and Remedying Defects ..........................29011.2 Cost of Remedying Defects ...........................................................................29011.3 Extension of Defects Notification Period ......................................................29111.4 Failure to Remedy Defects.............................................................................29111.5 Removal of Defective Work ..........................................................................29211.6 Further Tests ..................................................................................................29211.7 Right of Access ..............................................................................................29211.8 Contractor to Search ......................................................................................29211.9 Performance Certificate .................................................................................29211.10 Unfulfilled Obligations ..................................................................................29311.11 Clearance of Site ............................................................................................29312. Measurement and Evaluation .................................................................................29312.1 Works to be Measured ...................................................................................293234 Copyright FIDIC Section VIII. General Conditions


12.2 Method of Measurement ................................................................................29412.3 Evaluation ......................................................................................................29412.4 Omissions .......................................................................................................29613. Variations and Adjustments ...................................................................................29613.1 Right to Vary..................................................................................................29613.2 Value Engineering .........................................................................................29713.3 Variation Procedure .......................................................................................29813.4 Payment in Applicable Currencies .................................................................29813.5 Provisional Sums ...........................................................................................29813.6 Daywork .........................................................................................................29913.7 Adjustments for Changes in Legislation ........................................................30013.8 Adjustments for Changes in Cost ..................................................................30014. Contract Price and Payment ...................................................................................30214.1 The Contract Price .........................................................................................30214.2 Advance Payment ..........................................................................................30314.3 Application for Interim Payment Certificates ................................................30414.4 Schedule of Payments ....................................................................................30514.5 Plant and Materials intended for the Works ..................................................30614.6 Issue of Interim Payment Certificates ............................................................30714.7 Payment..........................................................................................................30814.8 Delayed Payment ...........................................................................................30914.9 Payment of Retention Money ........................................................................30914.10 Statement at Completion ................................................................................31014.11 Application for Final Payment Certificate .....................................................31114.12 Discharge ................................................................................................31114.13 Issue of Final Payment Certificate .................................................................31214.14 Cessation of Employer’s Liability .................................................................31214.15 Currencies of Payment ...................................................................................31215. Termination by Employer .......................................................................................31315.1 Notice to Correct ............................................................................................31315.2 Termination by Employer ..............................................................................31315.3 Valuation at Date of Termination ..................................................................31515.4 Payment after Termination ............................................................................31515.5 Employer’s Entitlement to Termination for Convenience .............................31615.6 Corrupt or Fraudulent Practices .....................................................................31616. Suspension and Termination by Contractor .........................................................31716.1 Contractor’s Entitlement to Suspend Work ...................................................31716.2 Termination by Contractor .............................................................................31816.3 Cessation of Work and Removal of Contractor’s Equipment .......................32016.4 Payment on Termination ................................................................................32017. Risk and Responsibility ...........................................................................................32017.1 Indemnities .....................................................................................................320235 Copyright FIDIC Section VIII. General Conditions


17.2 Contractor’s Care of the Works .....................................................................32117.3 Employer’s Risks ...........................................................................................32217.4 Consequences of Employer’s Risks ...............................................................32217.5 Intellectual and Industrial Property Rights ....................................................32317.6 Limitation of Liability....................................................................................32417.7 Use of Employer’s Accomodation/Facilities .................................................32418. Insurance ..................................................................................................................32518.1 General Requirements for Insurances ............................................................32518.2 Insurance for Works and Contractor’s Equipment ........................................32718.3 Insurance against Injury to Persons and Damage to Property .......................32818.4 Insurance for Contractor’s Personnel .............................................................32919. Force Majeure ..........................................................................................................33019.1 Definition of Force Majeure ..........................................................................33019.3 Duty to Minimise Delay.................................................................................33119.4 Consequences of Force Majeure ....................................................................33119.5 Force Majeure Affecting Subcontractor ........................................................33219.6 Optional Termination, Payment and Release .................................................33219.7 Release from Performance .............................................................................33220. Claims, Disputes and Arbitration ...........................................................................33320.1 Contractor’s Claims .......................................................................................33320.2 Appointment of the Dispute Board ................................................................33520.3 Failure to Agree on the Composition of the Dispute Board ..........................33620.4 Obtaining Dispute Board’s Decision .............................................................33720.5 Amicable Settlement ......................................................................................33820.6 Arbitration ......................................................................................................33820.7 Failure to Comply with Dispute Board’s Decision ........................................33920.8 Expiry of Dispute Board’s Appointment .......................................................339236 Copyright FIDIC Section VIII. General Conditions


Section VIII. General Conditions (GC)The Commissioner,Ananthapur <strong>Municipal</strong> Corporation,Ananthapur,<strong>Andhra</strong> <strong>Pradesh</strong>, India[Name of Employer]Procurement of Comprehensive Water Supply Service Improvementsfor Ananthapur <strong>Municipal</strong> Corporation - Package I[Name of Contract]The General Conditions that follow are the Bank Harmonized Edition of the Conditions ofContract for Construction prepared and copyrighted by the International Federation ofConsulting Engineers (FédérationInternationale des Ingénieurs-Conseils, or FIDIC), FIDIC2010-All rights reserved. This publication is exclusive for the use of Bank Borrowers andtheir project implementing agencies as provided under the License Agreement dated March11 th , 2005, between the IBRD and FIDIC, and, consequently, no part of this publication maybe reproduced, translated, adapted, stored in a retrieval system or communicated, in any formor by any means, whether mechanical, electronic, magnetic, photocopying, recording orotherwise, without prior permission in writing from FIDIC, except by the Employeridentified above and only for the exclusive purpose of preparing these Standard BiddingDocuments for the Contract also identified above.237 Copyright FIDIC Section VIII. General Conditions


General Conditions1. General Provisions1.1 Definitions In the Conditions of Contract (“these Conditions”), whichinclude Particular Conditions, Parts A and B, and theseGeneral Conditions, the following words and expressions shallhave the meanings stated. Words indicating persons or partiesinclude corporations and other legal entities, except where thecontext requires otherwise.1.1.1 The Contract 1.1.1.1 “Contract” means the Contract Agreement, the Letterof Acceptance, the Letter of Tender, theseConditions, the Specification, the Drawings, theSchedules, and the further documents (if any) whichare listed in the Contract Agreement or in the Letterof Acceptance.1.1.1.2 “Contract Agreement” means the contract agreementreferred to in Sub-Clause 1.6 [Contract Agreement].1.1.1.3 “Letter of Acceptance” means the letter of formalacceptance, signed by the Employer, of the Letter ofTender, including any annexed memorandacomprising agreements between and signed by bothParties. If there is no such letter of acceptance, theexpression “Letter of Acceptance” means theContract Agreement and the date of issuing orreceiving the Letter of Acceptance means the date ofsigning the Contract Agreement.1.1.1.4 “Letter of Tender” means the document entitled letterof tender or letter of bid, which was completed by theContractor and includes the signed offer to theEmployer for the Works.1.1.1.5 “Specification” means the document entitledspecification, as included in the Contract, and anyadditions and modifications to the specification inaccordance with the Contract. Such documentspecifies the Works.1.1.1.6 “Drawings” means the drawings of the Works, asincluded in the Contract, and any additional andmodified drawings issued by (or on behalf of) theEmployer in accordance with the Contract.1.1.1.7 “Schedules” means the document(s) entitledschedules, completed by the Contractor and238 Copyright FIDIC Section VIII. General Conditions


submitted with the Letter of Tender, as included inthe Contract. Such document may include the Bill ofQuantities, data, lists, and schedules of rates and/orprices.1.1.1.8 “Tender” means the Letter of Tender and all otherdocuments which the Contractor submitted with theLetter of Tender, as included in the Contract.1.1.1.9 “Bill of Quantities”, “Daywork Schedule” and“Schedule of Payment Currencies” mean thedocuments so named (if any) which are comprised inthe Schedules.1.1.1.10 “Contract Data” means the pages completed by theEmployer entitled contract data which constitute PartA of the Particular Conditions.1.1.2 Parties andPersons1.1.2.1 “Party” means the Employer or the Contractor, as thecontext requires.1.1.2.2 “Employer” means the person named as employer inthe Contract Data and the legal successors in title tothis person.1.1.2.3 “Contractor” means the person(s) named ascontractor in the Letter of Tender accepted by theEmployer and the legal successors in title to thisperson(s).1.1.2.4 “Engineer” means the person appointed by theEmployer to act as the Engineer for the purposes ofthe Contract and named in the Contract Data, or otherperson appointed from time to time by the Employerand notified to the Contractor under Sub-Clause 3.4[Replacement of the Engineer].1.1.2.5 “Contractor’s Representative” means the personnamed by the Contractor in the Contract or appointedfrom time to time by the Contractor under Sub-Clause4.3 [Contractor’s Representative], who acts on behalfof the Contractor.1.1.2.6 “Employer’s Personnel” means the Engineer, theassistants referred to in Sub-Clause 3.2 [Delegationby the Engineer] and all other staff, labour and otheremployees of the Engineer and of the Employer; andany other personnel notified to the Contractor, by the239 Copyright FIDIC Section VIII. General Conditions


Employer or the Engineer, as Employer’s Personnel.1.1.2.7 “Contractor’s Personnel” means the Contractor’sRepresentative and all personnel whom theContractor utilises on Site, who may include the staff,labour and other employees of the Contractor and ofeach Subcontractor; and any other personnel assistingthe Contractor in the execution of the Works.1.1.2.8 “Subcontractor” means any person named in theContract as a subcontractor, or any person appointedas a subcontractor, for a part of the Works; and thelegal successors in title to each of these persons.1.1.2.9 “DB” means the person or three persons appointedunder Sub-Clause 20.2 [Appointment of the DisputeBoard] or Sub-Clause 20.3 [Failure to Agree on theComposition of the Dispute Board]1.1.2.10 “FIDIC” means the FédérationInternationale desIngénieurs-Conseils, the international federation ofconsulting engineers.1.1.2.11 “Bank” means the financing institution (if any)named in the Contract Data.1.1.2.12 “Borrower” means the person (if any) named as theborrower in the Contract Data.1.1.3 Dates, Tests,Periods andCompletion1.1.3.1 “Base Date” means the date 28 days prior to the latestdate for submission of the Tender.1.1.3.2 “Commencement Date” means the date notified underSub-Clause 8.1 [Commencement of Works].1.1.3.3 “Time for Completion” means the time forcompleting the Works or a Section (as the case maybe) under Sub-Clause 8.2 [Time for Completion], asstated in the Contract Data (with any extension underSub-Clause 8.4 [Extension of Time for Completion]),calculated from the Commencement Date.1.1.3.4 “Tests on Completion” means the tests which arespecified in the Contract or agreed by both Parties orinstructed as a Variation, and which are carried outunder Clause 9 [Tests on Completion] before theWorks or a Section (as the case may be) are takenover by the Employer.240 Copyright FIDIC Section VIII. General Conditions


1.1.4 Money andPayments1.1.3.5 “Taking-Over Certificate” means a certificate issuedunder Clause 10 [Employer’s Taking Over].1.1.3.6 “Tests after Completion” means the tests (if any)which are specified in the Contract and which arecarried out in accordance with the Specification afterthe Works or a Section (as the case may be) are takenover by the Employer.1.1.3.7 “Defects Notification Period” means the period fornotifying defects in the Works or a Section (as thecase may be) under Sub-Clause 11.1 [Completion ofOutstanding Work and Remedying Defects], whichextends over 365 days except if otherwise stated inthe Contract Data (with any extension under Sub-Clause 11.3 [Extension of Defects NotificationPeriod]), calculated from the date on which theWorks or Section is completed as certified under Sub-Clause 10.1 [Taking Over of the Works andSections]..1.1.3.8 “Performance Certificate” means the certificateissued under Sub-Clause 11.9 [PerformanceCertificate]..1.1.3.9 “Day” means a calendar day and “year” means 365days.1.1.4.1 “Accepted Contract Amount” means the amountaccepted in the Letter of Acceptance for the executionand completion of the Works and the remedying ofany defects.1.1.4.2 “Contract Price” means the price defined in Sub-Clause 14.1 [The Contract Price], and includesadjustments in accordance with the Contract.1.1.4.3 “Cost” means all expenditure reasonably incurred (orto be incurred) by the Contractor, whether on or offthe Site, including overhead and similar charges, butdoes not include profit.1.1.4.4 “Final Payment Certificate” means the paymentcertificate issued under Sub-Clause 14.13 [Issue ofFinal Payment Certificate].1.1.4.5 “Final Statement” means the statement defined inSub-Clause 14.11 [Application for Final PaymentCertificate].241 Copyright FIDIC Section VIII. General Conditions


1.1.4.6 “Foreign Currency” means a currency in which part(or all) of the Contract Price is payable, but not theLocal Currency.1.1.4.7 “Interim Payment Certificate” means a paymentcertificate issued under Clause 14 [Contract Price andPayment], other than the Final Payment Certificate.1.1.4.8 “Local Currency” means the currency of the Country.1.1.4.9 “Payment Certificate” means a payment certificateissued under Clause 14 [Contract Price and Payment].1.1.4.10 “Provisional Sum” means a sum (if any) which isspecified in the Contract as a provisional sum, for theexecution of any part of the Works or for the supplyof Plant, Materials or services under Sub-Clause 13.5[Provisional Sums]..1.1.4.11 “Retention Money” means the accumulated retentionmoneys which the Employer retains under Sub-Clause 14.3 [Application for Interim PaymentCertificates] and pays under Sub-Clause 14.9[Payment of Retention Money].1.1.4.12 “Statement” means a statement submitted by theContractor as part of an application, under Clause 14[Contract Price and Payment], for a paymentcertificate.1.1.5 Works and Goods 1.1.5.1 “Contractor’s Equipment” means all apparatus,machinery, vehicles and other things required for theexecution and completion of the Works and theremedying of any defects. However, Contractor’sEquipment excludes Temporary Works, Employer’sEquipment (if any), Plant, Materials and any otherthings intended to form or forming part of thePermanent Works.1.1.5.2 “Goods” means Contractor’s Equipment, Materials,Plant and Temporary Works, or any of them asappropriate.1.1.5.3 “Materials” means things of all kinds (other thanPlant) intended to form or forming part of thePermanent Works, including the supply-onlymaterials (if any) to be supplied by the Contractorunder the Contract.242 Copyright FIDIC Section VIII. General Conditions


1.1.5.4 “Permanent Works” means the permanent works to beexecuted by the Contractor under the Contract.1.1.5.5 “Plant” means the apparatus, machinery and otherequipment intended to form or forming part of thePermanent Works, including vehicles purchased forthe Employer and relating to the construction oroperation of the Works.1.1.5.6 “Section” means a part of the Works specified in theContract Data as a Section (if any).1.1.5.7“Temporary Works” means all temporary works ofevery kind (other than Contractor’s Equipment)required on Site for the execution and completion ofthe Permanent Works and the remedying of anydefects.1.1.5.8 “Works” mean the Permanent Works and theTemporary Works, or either of them as appropriate.1.1.6 Other Definitions 1.1.6.1 “Contractor’s Documents” means the calculations,computer programs and other software, drawings,manuals, models and other documents of a technicalnature (if any) supplied by the Contractor under theContract.1.1.6.2 “Country” means the country in which the Site (ormost of it) is located, where the Permanent Works areto be executed.1.1.6.3 “Employer’s Equipment” means the apparatus,machinery and vehicles (if any) made available by theEmployer for the use of the Contractor in theexecution of the Works, as stated in the Specification;but does not include Plant which has not been takenover by the Employer.1.1.6.4 “Force Majeure” is defined in Clause 19 [ForceMajeure]..1.1.6.5 “Laws” means all national (or state) legislation,statutes, ordinances and other laws, and regulationsand by-laws of any legally constituted publicauthority.1.1.6.6 “Performance Security” means the security (orsecurities, if any) under Sub-Clause 4.2 [PerformanceSecurity]..243 Copyright FIDIC Section VIII. General Conditions


1.1.6.7 “Site” means the places where the Permanent Worksare to be executed, including storage and workingareas, and to which Plant and Materials are to bedelivered, and any other places as may be specified inthe Contract as forming part of the Site.1.1.6.8 “Unforeseeable” means not reasonably foreseeable byan experienced contractor by the Base Date.1.1.6.9 “Variation” means any change to the Works, which isinstructed or approved as a variation under Clause 13[Variations and Adjustments].1.1.6.10 “Notice of Dissatisfaction” means the notice given byeither Party to the other under Sub-Clause 20.4[Obtaining Dispute Board’s Decision] indicating itsdissatisfaction and intention to commence arbitration.1.2 Interpretation In the Contract, except where the context requires otherwise:(a)words indicating one gender include all genders;(b) words indicating the singular also include the plural andwords indicating the plural also include the singular;(c)provisions including the word “agree”, “agreed” or“agreement” require the agreement to be recorded inwriting;(d) “written” or “in writing” means hand-written, typewritten,printed or electronically made, and resulting in apermanent record; and(e)the word “tender” is synonymous with “bid” and“tenderer” with “bidder” and the words “tenderdocuments” with “bidding documentsThe marginal words and other headings shall not be taken intoconsideration in the interpretation of these Conditions.In these Conditions, provisions including the expression "Costplus profit" require this profit to be one-twentieth (5%) of thisCost unless otherwise indicated in the Contract Data.1.3 Communications Wherever these Conditions provide for the giving or issuing ofapprovals, certificates, consents, determinations, notices,requests and discharges, these communications shall be:(a)in writing and delivered by hand (against receipt), sent by244 Copyright FIDIC Section VIII. General Conditions


mail or courier, or transmitted using any of the agreedsystems of electronic transmission as stated in theContract Data; and(b) delivered, sent or transmitted to the address for therecipient’s communications as stated in the ContractData. However:(i)if the recipient gives notice of another address,communications shall thereafter be deliveredaccordingly; and(ii) if the recipient has not stated otherwise whenrequesting an approval or consent, it may be sent tothe address from which the request was issued.Approvals, certificates, consents and determinations shall notbe unreasonably withheld or delayed. When a certificate isissued to a Party, the certifier shall send a copy to the otherParty. When a notice is issued to a Party, by the other Party orthe Engineer, a copy shall be sent to the Engineer or the otherParty, as the case may be.1.4 Law and Language The Contract shall be governed by the law of the country orother jurisdiction stated in the Contract Data.The ruling language of the Contract shall be that stated in theContract Data.The language for communications shall be that stated in theContract Data. If no language is stated there, the language forcommunications shall be the ruling language of the Contract.1.5 Priority ofDocumentsThe documents forming the Contract are to be taken asmutually explanatory of one another. For the purposes ofinterpretation, the priority of the documents shall be inaccordance with the following sequence:(a)the Contract Agreement (if any),(b) the Letter of Acceptance,(c)the Letter of Tender,(d) the Particular Conditions – Part A,(e)(f)the Particular Conditions – Part Bthese General Conditions245 Copyright FIDIC Section VIII. General Conditions


(g) the Specification,(h) the Drawings, and(i)the Schedules and any other documents forming part ofthe Contract.If an ambiguity or discrepancy is found in the documents, theEngineer shall issue any necessary clarification or instruction.1.6 ContractAgreementThe Parties shall enter into a Contract Agreement within 28days after the Contractor receives the Letter of Acceptance,unless the Particular Conditions establish otherwise. TheContract Agreement shall be based upon the form annexed tothe Particular Conditions. The costs of stamp duties andsimilar charges (if any) imposed by law in connection withentry into the Contract Agreement shall be borne by theEmployer.1.7 Assignment Neither Party shall assign the whole or any part of the Contractor any benefit or interest in or under the Contract. However,either Party:(a)(b)may assign the whole or any part with the prioragreement of the other Party, at the sole discretion ofsuch other Party, andmay, as security in favour of a bank or financialinstitution, assign its right to any moneys due, or tobecome due, under the Contract.1.8 Care and Supply ofDocumentsThe Specification and Drawings shall be in the custody andcare of the Employer. Unless otherwise stated in the Contract,two copies of the Contract and of each subsequent Drawingshall be supplied to the Contractor, who may make or requestfurther copies at the cost of the Contractor.Each of the Contractor’s Documents shall be in the custodyand care of the Contractor, unless and until taken over by theEmployer. Unless otherwise stated in the Contract, theContractor shall supply to the Engineer six copies of each ofthe Contractor’s Documents.The Contractor shall keep, on the Site, a copy of the Contract,publications named in the Specification, the Contractor’sDocuments (if any), the Drawings and Variations and othercommunications given under the Contract. The Employer’sPersonnel shall have the right of access to all these documents246 Copyright FIDIC Section VIII. General Conditions


at all reasonable times.If a Party becomes aware of an error or defect in a documentwhich was prepared for use in executing the Works, the Partyshall promptly give notice to the other Party of such error ordefect.1.9 Delayed Drawingsor InstructionsThe Contractor shall give notice to the Engineer whenever theWorks are likely to be delayed or disrupted if any necessarydrawing or instruction is not issued to the Contractor within aparticular time, which shall be reasonable. The notice shallinclude details of the necessary drawing or instruction, detailsof why and by when it should be issued, and the nature andamount of the delay or disruption likely to be suffered if it islate.If the Contractor suffers delay and/or incurs Cost as a result ofa failure of the Engineer to issue the notified drawing orinstruction within a time which is reasonable and is specifiedin the notice with supporting details, the Contractor shall givea further notice to the Engineer and shall be entitled subject toSub-Clause 20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion isor will be delayed, under Sub-Clause 8.4 [Extension ofTime for Completion], and(b) payment of any such Cost plus profit, which shall beincluded in the Contract Price.After receiving this further notice, the Engineer shall proceedin accordance with Sub-Clause 3.5 [Determinations] to agreeor determine these matters.However, if and to the extent that the Engineer’s failure wascaused by any error or delay by the Contractor, including anerror in, or delay in the submission of, any of the Contractor’sDocuments, the Contractor shall not be entitled to suchextension of time, Cost or profit.1.10 Employer’s Use ofContractor’sDocumentsAs between the Parties, the Contractor shall retain thecopyright and other intellectual property rights in theContractor’s Documents and other design documents made by(or on behalf of) the Contractor.The Contractor shall be deemed (by signing the Contract) togive to the Employer a non-terminable transferable non-247 Copyright FIDIC Section VIII. General Conditions


exclusive royalty-free licence to copy, use and communicatethe Contractor’s Documents, including making and usingmodifications of them. This licence shall:(a)(b)(c)apply throughout the actual or intended working life(whichever is longer) of the relevant parts of the Works,entitle any person in proper possession of the relevantpart of the Works to copy, use and communicate theContractor’s Documents for the purposes of completing,operating, maintaining, altering, adjusting, repairing anddemolishing the Works, andin the case of Contractor’s Documents which are in theform of computer programs and other software, permittheir use on any computer on the Site and other places asenvisaged by the Contract, including replacements of anycomputers supplied by the Contractor.The Contractor’s Documents and other design documentsmade by (or on behalf of) the Contractor shall not, without theContractor’s consent, be used, copied or communicated to athird party by (or on behalf of) the Employer for purposesother than those permitted under this Sub-Clause.1.11 Contractor’s Useof Employer’sDocuments1.12 ConfidentialDetailsAs between the Parties, the Employer shall retain the copyrightand other intellectual property rights in the Specification, theDrawings and other documents made by (or on behalf of) theEmployer. The Contractor may, at his cost, copy, use, andobtain communication of these documents for the purposes ofthe Contract. They shall not, without the Employer’s consent,be copied, used or communicated to a third party by theContractor, except as necessary for the purposes of theContract.The Contractor’s and the Employer’s Personnel shall discloseall such confidential and other information as may bereasonably required in order to verify compliance with theContract and allow its proper implementation.Each of them shall treat the details of the Contract as privateand confidential, except to the extent necessary to carry outtheir respective obligations under the Contract or to complywith applicable Laws. Each of them shall not publish ordisclose any particulars of the Works prepared by the otherParty without the previous agreement of the other Party.However, the Contractor shall be permitted to disclose anypublicly available information, or information otherwise248 Copyright FIDIC Section VIII. General Conditions


equired to establish his qualifications to compete for otherprojects.1.13 Compliance withLawsThe Contractor shall, in performing the Contract, comply withapplicable Laws. Unless otherwise stated in the ParticularConditions:(a)(b)the Employer shall have obtained (or shall obtain) theplanning, zoning, building permit or similar permissionfor the Permanent Works, and any other permissionsdescribed in the Specification as having been (or to be)obtained by the Employer; and the Employer shallindemnify and hold the Contractor harmless against andfrom the consequences of any failure to do so; andthe Contractor shall give all notices, pay all taxes, dutiesand fees, and obtain all permits, licences and approvals,as required by the Laws in relation to the execution andcompletion of the Works and the remedying of anydefects; and the Contractor shall indemnify and hold theEmployer harmless against and from the consequences ofany failure to do so, unless the Contractor is impeded toaccomplish these actions and shows evidence of itsdiligence.1.14 Joint and SeveralLiabilityIf the Contractor constitutes (under applicable Laws) a jointventure, consortium or other unincorporated grouping of twoor more persons:(a)these persons shall be deemed to be jointly and severallyliable to the Employer for the performance of theContract;(b) these persons shall notify the Employer of their leaderwho shall have authority to bind the Contractor and eachof these persons; and(c)the Contractor shall not alter its composition or legalstatus without the prior consent of the Employer.1.15 Inspections andAudit by the BankThe Contractor shall permit the Bank and/or persons appointedby the Bank to inspect the Site and/or the Contractor’saccounts and records relating to the performance of theContract and to have such accounts and records audited byauditors appointed by the Bank if required by the Bank.249 Copyright FIDIC Section VIII. General Conditions


2. The Employer2.1 Right of Access tothe Site2.2 Permits, Licencesor ApprovalsThe Employer shall give the Contractor right of access to, andpossession of, all parts of the Site within the time (or times)stated in the Contract Data. The right and possession may notbe exclusive to the Contractor. If, under the Contract, theEmployer is required to give (to the Contractor) possession ofany foundation, structure, plant or means of access, theEmployer shall do so in the time and manner stated in theSpecification. However, the Employer may withhold any suchright or possession until the Performance Security has beenreceived.If no such time is stated in the Contract Data, the Employershall give the Contractor right of access to, and possession of,the Site within such times as required to enable the Contractorto proceed without disruption in accordance with theprogramme submitted under Sub-Clause 8.3 [Programme].If the Contractor suffers delay and/or incurs Cost as a result ofa failure by the Employer to give any such right or possessionwithin such time, the Contractor shall give notice to theEngineer and shall be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to:(a)an extension of time for any such delay, if completion isor will be delayed, under Sub-Clause 8.4 [Extension ofTime for Completion], and(b) payment of any such Cost plus profit, which shall beincluded in the Contract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.However, if and to the extent that the Employer’s failure wascaused by any error or delay by the Contractor, including anerror in, or delay in the submission of, any of the Contractor’sDocuments, the Contractor shall not be entitled to suchextension of time, Cost or profit.The Employer shall provide, at the request of the Contractor,such reasonable assistance as to allow the Contractor to obtainproperly:(a)copies of the Laws of the Country which are relevant tothe Contract but are not readily available, and(b) any permits, licences or approvals required by the Laws250 Copyright FIDIC Section VIII. General Conditions


2.3 Employer’sPersonnelof the Country:(i)which the Contractor is required to obtain underSub-Clause 1.13 [Compliance with Laws],(ii) for the delivery of Goods, including clearancethrough customs, and(iii) for the export of Contractor’s Equipment when it isremoved from the Site.The Employer shall be responsible for ensuring that theEmployer’s Personnel and the Employer’s other contractors onthe Site:(a)(b)co-operate with the Contractor’s efforts under Sub-Clause 4.6 [Co-operation], andtake actions similar to those which the Contractor isrequired to take under sub-paragraphs (a), (b) and (c) ofSub-Clause 4.8 [Safety Procedures] and under Sub-Clause 4.18 [Protection of the Environment].2.4 Employer’sFinancialArrangementsThe Employer shall submit, before the Commencement Dateand thereafter within 28 days after receiving any request fromthe Contractor, reasonable evidence that financialarrangements have been made and are being maintained whichwill enable the Employer to pay the Contract Price punctually(as estimated at that time) in accordance with Clause 14[Contract Price and Payment]. Before the Employer makes anymaterial change to his financial arrangements, the Employershall give notice to the Contractor with detailed particulars.In addition, if the Bank has notified to the Borrower that theBank has suspended disbursements under its loan, whichfinances in whole or in part the execution of the Works, theEmployer shall give notice of such suspension to theContractor with detailed particulars, including the date of suchnotification, with a copy to the Engineer, within 7 days of theBorrower having received the suspension notification from theBank. If alternative funds will be available in appropriatecurrencies to the Employer to continue making payments to theContractor beyond a date 60 days after the date of Banknotification of the suspension, the Employer shall providereasonable evidence in his notice of the extent to which suchfunds will be available.2.5 Employer’s Claims If the Employer considers himself to be entitled to anypayment under any Clause of these Conditions or otherwise inconnection with the Contract, and/or to any extension of the251 Copyright FIDIC Section VIII. General Conditions


Defects Notification Period, the Employer or the Engineershall give notice and particulars to the Contractor. However,notice is not required for payments due under Sub-Clause 4.19[Electricity, Water and Gas], under Sub-Clause 4.20[Employer’s Equipment and Free-Issue Materials], or for otherservices requested by the Contractor.The notice shall be given as soon as practicable and no longerthan 28 days after the Employer became aware, or should havebecome aware, of the event or circumstances giving rise to theclaim. A notice relating to any extension of the DefectsNotification Period shall be given before the expiry of suchperiod.The particulars shall specify the Clause or other basis of theclaim, and shall include substantiation of the amount and/orextension to which the Employer considers himself to beentitled in connection with the Contract. The Engineer shallthen proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine (i) the amount (if any)which the Employer is entitled to be paid by the Contractor,and/or (ii) the extension (if any) of the Defects NotificationPeriod in accordance with Sub-Clause 11.3 [Extension ofDefects Notification Period].This amount may be included as a deduction in the ContractPrice and Payment Certificates. The Employer shall only beentitled to set off against or make any deduction from anamount certified in a Payment Certificate, or to otherwiseclaim against the Contractor, in accordance with this Sub-Clause.3. The Engineer3.1 Engineer’s Dutiesand AuthorityThe Employer shall appoint the Engineer who shall carry out theduties assigned to him in the Contract. The Engineer’s staffshall include suitably qualified engineers and otherprofessionals who are competent to carry out these duties.The Engineer shall have no authority to amend the Contract.The Engineer may exercise the authority attributable to theEngineer as specified in or necessarily to be implied from theContract. If the Engineer is required to obtain the approval ofthe Employer before exercising a specified authority, therequirements shall be as stated in the Particular Conditions. TheEmployer shall promptly inform the Contractor of any change to252 Copyright FIDIC Section VIII. General Conditions


the authority attributed to the Engineer.However, whenever the Engineer exercises a specified authorityfor which the Employer’s approval is required, then (for thepurposes of the Contract) the Employer shall be deemed to havegiven approval.Except as otherwise stated in these Conditions:(a)(b)(c)(d)whenever carrying out duties or exercising authority,specified in or implied by the Contract, the Engineer shallbe deemed to act for the Employer;the Engineer has no authority to relieve either Party of anyduties, obligations or responsibilities under the Contract;any approval, check, certificate, consent, examination,inspection, instruction, notice, proposal, request, test, orsimilar act by the Engineer (including absence ofdisapproval) shall not relieve the Contractor from anyresponsibility he has under the Contract, includingresponsibility for errors, omissions, discrepancies and noncompliances;andany act by the Engineer in response to a Contractor’srequest except as otherwise expressly specified shall benotified in writing to the Contractor within 28 days ofreceipt.The following provisions shall apply:The Engineer shall obtain the specific approval of the Employerbefore taking action under the-following Sub-Clauses of theseConditions:(a)(b)(c)Sub-Clause 4.12: agreeing or determining an extension oftime and/or additional cost.Sub-Clause 13.1: instructing a Variation, except;(i) in an emergency situation as determined by theEngineer, or(ii) if such a Variation would increase the AcceptedContract Amount by less than the percentagespecified in the Contract Data.Sub-Clause 13.3: Approving a proposal for Variationsubmitted by the Contractor in accordance with Sub253 Copyright FIDIC Section VIII. General Conditions


(d)Clause 13.1 or 13.2.Sub-Clause 13.4: Specifying the amount payable in eachof the applicable currenciesNotwithstanding the obligation, as set out above, to obtainapproval, if, in the opinion of the Engineer, an emergencyoccurs affecting the safety of life or of the Works or ofadjoining property, he may, without relieving the Contractor ofany of his duties and responsibility under the Contract, instructthe Contractor to execute all such work or to do all such thingsas may, in the opinion of the Engineer, be necessary to abate orreduce the risk. The Contractor shall forthwith comply, despitethe absence of approval of the Employer, with any suchinstruction of the Engineer. The Engineer shall determine anaddition to the Contract Price, in respect of such instruction, inaccordance with Clause 13 and shall notify the Contractoraccordingly, with a copy to the Employer.3.2 Delegation by theEngineerThe Engineer may from time to time assign duties and delegateauthority to assistants, and may also revoke such assignment ordelegation. These assistants may include a resident engineer,and/or independent inspectors appointed to inspect and/or testitems of Plant and/or Materials. The assignment, delegation orrevocation shall be in writing and shall not take effect untilcopies have been received by both Parties. However, unlessotherwise agreed by both Parties, the Engineer shall not delegatethe authority to determine any matter in accordance with Sub-Clause 3.5 [Determinations].Each assistant, to whom duties have been assigned or authorityhas been delegated, shall only be authorised to issue instructionsto the Contractor to the extent defined by the delegation. Anyapproval, check, certificate, consent, examination, inspection,instruction, notice, proposal, request, test, or similar act by anassistant, in accordance with the delegation, shall have the sameeffect as though the act had been an act of the Engineer.However:(a)(b)any failure to disapprove any work, Plant or Materialsshall not constitute approval, and shall therefore notprejudice the right of the Engineer to reject the work, Plantor Materials;if the Contractor questions any determination orinstruction of an assistant, the Contractor may refer thematter to the Engineer, who shall promptly confirm,reverse or vary the determination or instruction.254 Copyright FIDIC Section VIII. General Conditions


3.3 Instructions ofthe Engineer3.4 Replacement ofthe EngineerThe Engineer may issue to the Contractor (at any time)instructions and additional or modified Drawings which may benecessary for the execution of the Works and the remedying ofany defects, all in accordance with the Contract. The Contractorshall only take instructions from the Engineer, or from anassistant to whom the appropriate authority has been delegatedunder this Clause. If an instruction constitutes a Variation,Clause 13 [Variations and Adjustments] shall apply.The Contractor shall comply with the instructions given by theEngineer or delegated assistant, on any matter related to theContract. Whenever practicable, their instructions shall be givenin writing. If the Engineer or a delegated assistant:(a)(b)(c)gives an oral instruction,receives a written confirmation of the instruction, from (oron behalf of) the Contractor, within two working daysafter giving the instruction, anddoes not reply by issuing a written rejection and/orinstruction within two working days after receiving theconfirmation,then the confirmation shall constitute the written instruction ofthe Engineer or delegated assistant (as the case may be).If the Employer intends to replace the Engineer, the Employershall, not less than 21 days before the intended date ofreplacement, give notice to the Contractor of the name, addressand relevant experience of the intended replacement Engineer.If the Contractor considers the intended replacement Engineer tobe unsuitable, he has the right to raise objection against him bynotice to the Employer, with supporting particulars, and theEmployer shall give full and fair consideration to this objection.3.5 Determinations Whenever these Conditions provide that the Engineer shallproceed in accordance with this Sub-Clause 3.5 to agree ordetermine any matter, the Engineer shall consult with each Partyin an endeavour to reach agreement. If agreement is notachieved, the Engineer shall make a fair determination inaccordance with the Contract, taking due regard of all relevantcircumstances.The Engineer shall give notice to both Parties of each agreementor determination, with supporting particulars, within 28 daysfrom the receipt of the corresponding claim or request exceptwhen otherwise specified. Each Party shall give effect to eachagreement or determination unless and until revised underClause 20 [Claims, Disputes and Arbitration].255 Copyright FIDIC Section VIII. General Conditions


4. The Contractor4.1 Contractor’sGeneralObligationsThe Contractor shall design (to the extent specified in theContract), execute and complete the Works in accordance withthe Contract and with the Engineer’s instructions, and shallremedy any defects in the Works.The Contractor shall provide the Plant and Contractor’sDocuments specified in the Contract, and all Contractor’sPersonnel, Goods, consumables and other things and services,whether of a temporary or permanent nature, required in and forthis design, execution, completion and remedying of defects.All equipment, material, and services to be incorporated in orrequired for the Works shall have their origin in any eligiblesource country as defined by the Bank.The Contractor shall be responsible for the adequacy, stabilityand safety of all Site operations and of all methods ofconstruction. Except to the extent specified in the Contract, theContractor (i) shall be responsible for all Contractor’sDocuments, Temporary Works, and such design of each item ofPlant and Materials as is required for the item to be inaccordance with the Contract, and (ii) shall not otherwise beresponsible for the design or specification of the PermanentWorks.The Contractor shall, whenever required by the Engineer, submitdetails of the arrangements and methods which the Contractorproposes to adopt for the execution of the Works. No significantalteration to these arrangements and methods shall be madewithout this having previously been notified to the Engineer..If the Contract specifies that the Contractor shall design any partof the Permanent Works, then unless otherwise stated in theParticular Conditions:(a)(b)(c)the Contractor shall submit to the Engineer theContractor’s Documents for this part in accordance withthe procedures specified in the Contract;these Contractor’s Documents shall be in accordance withthe Specification and Drawings, shall be written in thelanguage for communications defined in Sub-Clause 1.4[Law and Language], and shall include additionalinformation required by the Engineer to add to theDrawings for co-ordination of each Party’s designs;the Contractor shall be responsible for this part and it shall,256 Copyright FIDIC Section VIII. General Conditions


when the Works are completed, be fit for such purposes forwhich the part is intended as are specified in the Contract;and(d) prior to the commencement of the Tests on Completion,the Contractor shall submit to the Engineer the “as-built”documents and, if applicable, operation and maintenancemanuals in accordance with the Specification and insufficient detail for the Employer to operate, maintain,dismantle, reassemble, adjust and repair this part of theWorks. Such part shall not be considered to be completedfor the purposes of taking-over under Sub-Clause 10.1[Taking Over of the Works and Sections] until thesedocuments and manuals have been submitted to theEngineer.4.2 PerformanceSecurityThe Contractor shall obtain (at his cost) a Performance Securityfor proper performance, in the amount stated in the ContractData and denominated in the currency(ies) of the Contract or ina freely convertible currency acceptable to the Employer. If anamount is not stated in the Contract Data, this Sub-Clause shallnot apply.The Contractor shall deliver the Performance Security to theEmployer within 28 days after receiving the Letter ofAcceptance, and shall send a copy to the Engineer. ThePerformance Security shall be issued by a reputable bank orfinancial institution selected by the Contractor, and shall be inthe form annexed to the Particular Conditions, as stipulated bythe Employer in the Contract Data, or in another form approvedby the Employer.The Contractor shall ensure that the Performance Security isvalid and enforceable until the Contractor has executed andcompleted the Works and remedied any defects. If the terms ofthe Performance Security specify its expiry date, and theContractor has not become entitled to receive the PerformanceCertificate by the date 28 days prior to the expiry date, theContractor shall extend the validity of the Performance Securityuntil the Works have been completed and any defects have beenremedied.The Employer shall not make a claim under the PerformanceSecurity, except for amounts to which the Employer is entitledunder the Contract.The Employer shall indemnify and hold the Contractor harmlessagainst and from all damages, losses and expenses (including257 Copyright FIDIC Section VIII. General Conditions


legal fees and expenses) resulting from a claim under thePerformance Security to the extent to which the Employer wasnot entitled to make the claim.The Employer shall return the Performance Security to theContractor within 21 days after receiving a copy of thePerformance Certificate.Without limitation to the provisions of the rest of this Sub-Clause, whenever the Engineer determines an addition or areduction to the Contract Price as a result of a change in costand/or legislation, or as a result of a Variation, amounting tomore than 25 percent of the portion of the Contract Pricepayable in a specific currency, the Contractor shall at theEngineer's request promptly increase, or may decrease, as thecase may be, the value of the Performance Security in thatcurrency by an equal percentage.4.3 Contractor’sRepresentativeThe Contractor shall appoint the Contractor’s Representativeand shall give him all authority necessary to act on theContractor’s behalf under the Contract.Unless the Contractor’s Representative is named in the Contract,the Contractor shall, prior to the Commencement Date, submitto the Engineer for consent the name and particulars of theperson the Contractor proposes to appoint as Contractor’sRepresentative. If consent is withheld or subsequently revokedin terms of Sub-Clause 6.9 [Contractor’s Personnel], or if theappointed person fails to act as Contractor’s Representative, theContractor shall similarly submit the name and particulars ofanother suitable person for such appointment.The Contractor shall not, without the prior consent of theEngineer, revoke the appointment of the Contractor’sRepresentative or appoint a replacement.The whole time of the Contractor’s Representative shall begiven to directing the Contractor’s performance of the Contract.If the Contractor’s Representative is to be temporarily absentfrom the Site during the execution of the Works, a suitablereplacement person shall be appointed, subject to the Engineer’sprior consent, and the Engineer shall be notified accordingly.The Contractor’s Representative shall, on behalf of theContractor, receive instructions under Sub-Clause 3.3[Instructions of the Engineer].The Contractor’s Representative may delegate any powers,258 Copyright FIDIC Section VIII. General Conditions


functions and authority to any competent person, and may atany time revoke the delegation. Any delegation or revocationshall not take effect until the Engineer has received prior noticesigned by the Contractor’s Representative, naming the personand specifying the powers, functions and authority beingdelegated or revoked.The Contractor’s Representative shall be fluent in the languagefor communications defined in Sub-Clause 1.4 [Law andLanguage]. If the Contractor’s Representative’s delegates arenot fluent in the said language, the Contractor shall makecompetent interpreters available during all working hours in anumber deemed sufficient by the Engineer.4.4 Subcontractors The Contractor shall not subcontract the whole of the Works.The Contractor shall be responsible for the acts or defaults ofany Subcontractor, his agents or employees, as if they were theacts or defaults of the Contractor. Unless otherwise stated in theParticular Conditions:(a)(b)the Contractor shall not be required to obtain consent tosuppliers solely of Materials, or to a subcontract for whichthe Subcontractor is named in the Contract;the prior consent of the Engineer shall be obtained to otherproposed Subcontractors;(c) the Contractor shall give the Engineer not less than 28days’ notice of the intended date of the commencement ofeach Subcontractor’s work, and of the commencement ofsuch work on the Site; and(d)each subcontract shall include provisions which wouldentitle the Employer to require the subcontract to beassigned to the Employer under Sub-Clause 4.5[Assignment of Benefit of Subcontract] (if or whenapplicable) or in the event of termination under Sub-Clause 15.2 [Termination by Employer]..The Contractor shall ensure that the requirements imposed onthe Contractor by Sub-Clause 1.12 [Confidential Details] applyequally to each Subcontractor.Where practicable, the Contractor shall give fair and reasonableopportunity for contractors from the Country to be appointed asSubcontractors.4.5 Assignment ofBenefit ofSubcontractIf a Subcontractor’s obligations extend beyond the expiry dateof the relevant Defects Notification Period and the Engineer,prior to this date, instructs the Contractor to assign the benefit of259 Copyright FIDIC Section VIII. General Conditions


such obligations to the Employer, then the Contractor shall doso. Unless otherwise stated in the assignment, the Contractorshall have no liability to the Employer for the work carried outby the Subcontractor after the assignment takes effect.4.6 Co-operation The Contractor shall, as specified in the Contract or asinstructed by the Engineer, allow appropriate opportunities forcarrying out work to:(a)(b)(c)the Employer’s Personnel,any other contractors employed by the Employer, andthe personnel of any legally constituted public authorities,who may be employed in the execution on or near the Site ofany work not included in the Contract.Any such instruction shall constitute a Variation if and to theextent that it causes the Contractor to suffer delays and/or toincur Unforeseeable Cost. Services for these personnel andother contractors may include the use of Contractor’sEquipment, Temporary Works or access arrangements whichare the responsibility of the Contractor.If, under the Contract, the Employer is required to give to theContractor possession of any foundation, structure, plant ormeans of access in accordance with Contractor’s Documents,the Contractor shall submit such documents to the Engineer inthe time and manner stated in the Specification.4.7 Setting Out The Contractor shall set out the Works in relation to originalpoints, lines and levels of reference specified in the Contract ornotified by the Engineer. The Contractor shall be responsible forthe correct positioning of all parts of the Works, and shallrectify any error in the positions, levels, dimensions oralignment of the Works.The Employer shall be responsible for any errors in thesespecified or notified items of reference, but the Contractor shalluse reasonable efforts to verify their accuracy before they areused.If the Contractor suffers delay and/or incurs Cost fromexecuting work which was necessitated by an error in theseitems of reference, and an experienced contractor could notreasonably have discovered such error and avoided this delayand/or Cost, the Contractor shall give notice to the Engineer andshall be entitled subject to Sub-Clause 20.1 [Contractor’s260 Copyright FIDIC Section VIII. General Conditions


Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and4.8 Safety Procedures The Contractor shall:(b) payment of any such Cost plus profit, which shall beincluded in the Contract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine (i) whether and (if so) to what extent the error could notreasonably have been discovered, and (ii) the matters described insub-paragraphs (a) and (b) above related to this e.(a)comply with all applicable safety regulations,(b) take care for the safety of all persons entitled to be on theSite,(c)use reasonable efforts to keep the Site and Works clear ofunnecessary obstruction so as to avoid danger to thesepersons,(d) provide fencing, lighting, guarding and watching of theWorks until completion and taking over under Clause 10[Employer’s Taking Over], and(e)provide any Temporary Works (including roadways,footways, guards and fences) which may be necessary,because of the execution of the Works, for the use andprotection of the public and of owners and occupiers ofadjacent land.4.9 QualityAssuranceThe Contractor shall institute a quality assurance system todemonstrate compliance with the requirements of the Contract.The system shall be in accordance with the details stated in theContract. The Engineer shall be entitled to audit any aspect ofthe system.Details of all procedures and compliance documents shall besubmitted to the Engineer for information before each designand execution stage is commenced. When any document of atechnical nature is issued to the Engineer, evidence of the priorapproval by the Contractor himself shall be apparent on thedocument itself.261 Copyright FIDIC Section VIII. General Conditions


Compliance with the quality assurance system shall not relievethe Contractor of any of his duties, obligations orresponsibilities under the Contract.4.10 Site Data The Employer shall have made available to the Contractor forhis information, prior to the Base Date, all relevant data in theEmployer’s possession on sub-surface and hydrologicalconditions at the Site, including environmental aspects. TheEmployer shall similarly make available to the Contractor allsuch data which come into the Employer’s possession after theBase Date. The Contractor shall be responsible for interpretingall such data.To the extent which was practicable (taking account of cost andtime), the Contractor shall be deemed to have obtained allnecessary information as to risks, contingencies and othercircumstances which may influence or affect the Tender orWorks. To the same extent, the Contractor shall be deemed tohave inspected and examined the Site, its surroundings, theabove data and other available information, and to have beensatisfied before submitting the Tender as to all relevant matters,including (without limitation):(a)the form and nature of the Site, including sub-surfaceconditions,(b) the hydrological and climatic conditions,(c)the extent and nature of the work and Goods necessary forthe execution and completion of the Works and theremedying of any defects,(d) the Laws, procedures and labour practices of the Country,and(e)the Contractor’s requirements for access, accommodation,facilities, personnel, power, transport, water and otherservices.4.11 Sufficiency of theAcceptedContract AmountThe Contractor shall be deemed to:(a)have satisfied himself as to the correctness and sufficiencyof the Accepted Contract Amount, and(b) have based the Accepted Contract Amount on the data,interpretations, necessary information, inspections,examinations and satisfaction as to all relevant matters262 Copyright FIDIC Section VIII. General Conditions


eferred to in Sub-Clause 4.10 [Site Data].Unless otherwise stated in the Contract, the Accepted ContractAmount covers all the Contractor’s obligations under theContract (including those under Provisional Sums, if any) andall things necessary for the proper execution and completion ofthe Works and the remedying of any defects.4.12 UnforeseeablePhysicalConditionsIn this Sub-Clause, “physical conditions” means natural physicalconditions and man-made and other physical obstructions andpollutants, which the Contractor encounters at the Site whenexecuting the Works, including sub-surface and hydrologicalconditions but excluding climatic conditions.If the Contractor encounters adverse physical conditions which heconsiders to have been Unforeseeable, the Contractor shall givenotice to the Engineer as soon as practicable.This notice shall describe the physical conditions, so that theycan be inspected by the Engineer, and shall set out the reasonswhy the Contractor considers them to be Unforeseeable. TheContractor shall continue executing the Works, using suchproper and reasonable measures as are appropriate for thephysical conditions, and shall comply with any instructionswhich the Engineer may give. If an instruction constitutes aVariation, Clause 13 [Variations and Adjustments] shall apply.If and to the extent that the Contractor encounters physicalconditions which are Unforeseeable, gives such a notice, andsuffers delay and/or incurs Cost due to these conditions, theContractor shall be entitled subject to notice under Sub-Clause20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and(b) payment of any such Cost, which shall be included in theContract Price.Upon receiving such notice and inspecting and/or investigatingthese physical conditions, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine (i) whether and (if so) to what extent these physicalconditions were Unforeseeable, and (ii) the matters described insub-paragraphs (a) and (b) above related to this extent.However, before additional Cost is finally agreed or determinedunder sub-paragraph (ii), the Engineer may also review whether263 Copyright FIDIC Section VIII. General Conditions


other physical conditions in similar parts of the Works (if any)were more favourable than could reasonably have been foreseenwhen the Contractor submitted the Tender. If and to the extentthat these more favourable conditions were encountered, theEngineer may proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine the reductions in Costwhich were due to these conditions, which may be included (asdeductions) in the Contract Price and Payment Certificates.However, the net effect of all adjustments under sub-paragraph(b) and all these reductions, for all the physical conditionsencountered in similar parts of the Works, shall not result in anet reduction in the Contract Price.The Engineer shall take account of any evidence of the physicalconditions foreseen by the Contractor when submitting theTender, which shall be made available by the Contractor, butshall not be bound by the Contractor’s interpretation of any suchevidence.4.13 Rights of Wayand Facilities4.14 Avoidance ofInterferenceUnless otherwise specified in the Contract the Employer shallprovide effective access to and possession of the Site includingspecial and/or temporary rights-of-way which are necessary forthe Works. The Contractor shall obtain, at his risk and cost, anyadditional rights of way or facilities outside the Site which hemay require for the purposes of the Works.The Contractor shall not interfere unnecessarily or improperlywith:(a)the convenience of the public, or(b) the access to and use and occupation of all roads andfootpaths, irrespective of whether they are public or in thepossession of the Employer or of others.The Contractor shall indemnify and hold the Employer harmlessagainst and from all damages, losses and expenses (includinglegal fees and expenses) resulting from any such unnecessary orimproper interference.4.15 Access Route The Contractor shall be deemed to have been satisfied as to thesuitability and availability of access routes to the Site at BaseDate. The Contractor shall use reasonable efforts to prevent anyroad or bridge from being damaged by the Contractor’s traffic orby the Contractor’s Personnel. These efforts shall include theproper use of appropriate vehicles and routes.Except as otherwise stated in these Conditions:264 Copyright FIDIC Section VIII. General Conditions


(a)the Contractor shall (as between the Parties) be responsiblefor any maintenance which may be required for his use ofaccess routes;(b) the Contractor shall provide all necessary signs ordirections along access routes, and shall obtain anypermission which may be required from the relevantauthorities for his use of routes, signs and directions;(c)the Employer shall not be responsible for any claimswhich may arise from the use or otherwise of any accessroute;(d) the Employer does not guarantee the suitability oravailability of particular access routes; and(e)Costs due to non-suitability or non-availability, for the userequired by the Contractor, of access routes shall be borneby the Contractor.4.16 Transport ofGoodsUnless otherwise stated in the Particular Conditions:(a) the Contractor shall give the Engineer not less than 21days’ notice of the date on which any Plant or a major itemof other Goods will be delivered to the Site;(b) the Contractor shall be responsible for packing, loading,transporting, receiving, unloading, storing and protectingall Goods and other things required for the Works; and(c)the Contractor shall indemnify and hold the Employerharmless against and from all damages, losses andexpenses (including legal fees and expenses) resultingfrom the transport of Goods, and shall negotiate and payall claims arising from their transport.4.17 Contractor’sEquipment4.18 Protection of theEnvironmentThe Contractor shall be responsible for all Contractor’sEquipment. When brought on to the Site, Contractor’sEquipment shall be deemed to be exclusively intended for theexecution of the Works. The Contractor shall not remove fromthe Site any major items of Contractor’s Equipment without theconsent of the Engineer. However, consent shall not be requiredfor vehicles transporting Goods or Contractor’s Personnel offSite.The Contractor shall take all reasonable steps to protect theenvironment (both on and off the Site) and to limit damage andnuisance to people and property resulting from pollution, noise265 Copyright FIDIC Section VIII. General Conditions


and other results of his operations.The Contractor shall ensure that emissions, surface dischargesand effluent from the Contractor’s activities shall not exceed thevalues stated in the Specification or prescribed by applicableLaws.4.19 Electricity, Waterand GasThe Contractor shall, except as stated below, be responsible forthe provision of all power, water and other services he mayrequire for his construction activities and to the extent defined inthe Specifications, for the tests.The Contractor shall be entitled to use for the purposes of theWorks such supplies of electricity, water, gas and other servicesas may be available on the Site and of which details and pricesare given in the Specification. The Contractor shall, at his riskand cost, provide any apparatus necessary for his use of theseservices and for measuring the quantities consumed.The quantities consumed and the amounts due (at these prices)for such services shall be agreed or determined by the Engineerin accordance with Sub-Clause 2.5 [Employer’s Claims] andSub-Clause 3.5 [Determinations]. The Contractor shall paythese amounts to the Employer.4.20 Employer’sEquipment andFree-IssueMaterialsThe Employer shall make the Employer’s Equipment (if any)available for the use of the Contractor in the execution of theWorks in accordance with the details, arrangements and pricesstated in the Specification. Unless otherwise stated in theSpecification:(a)the Employer shall be responsible for the Employer’sEquipment, except that(b) the Contractor shall be responsible for each item ofEmployer’s Equipment whilst any of the Contractor’sPersonnel is operating it, driving it, directing it or inpossession or control of it.The appropriate quantities and the amounts due (at such statedprices) for the use of Employer’s Equipment shall be agreed ordetermined by the Engineer in accordance with Sub-Clause 2.5[Employer’s Claims] and Sub-Clause 3.5 [Determinations]. TheContractor shall pay these amounts to the Employer.The Employer shall supply, free of charge, the “free-issuematerials” (if any) in accordance with the details stated in theSpecification. The Employer shall, at his risk and cost, provide266 Copyright FIDIC Section VIII. General Conditions


these materials at the time and place specified in the Contract.The Contractor shall then visually inspect them, and shallpromptly give notice to the Engineer of any shortage, defect ordefault in these materials. Unless otherwise agreed by bothParties, the Employer shall immediately rectify the notifiedshortage, defect or default.After this visual inspection, the free-issue materials shall comeunder the care, custody and control of the Contractor. TheContractor’s obligations of inspection, care, custody and controlshall not relieve the Employer of liability for any shortage,defect or default not apparent from a visual inspection.4.21 Progress Reports Unless otherwise stated in the Particular Conditions, monthlyprogress reports shall be prepared by the Contractor andsubmitted to the Engineer in six copies. The first report shallcover the period up to the end of the first calendar monthfollowing the Commencement Date. Reports shall be submittedmonthly thereafter, each within 7 days after the last day of theperiod to which it relates.Reporting shall continue until the Contractor has completed allwork which is known to be outstanding at the completion datestated in the Taking-Over Certificate for the Works.Each report shall include:(a)charts and detailed descriptions of progress, including eachstage of design (if any), Contractor’s Documents,procurement, manufacture, delivery to Site, construction,erection and testing; and including these stages for workby each nominated Subcontractor (as defined in Clause 5[Nominated Subcontractors]),(b) photographs showing the status of manufacture and ofprogress on the Site;(c)for the manufacture of each main item of Plant andMaterials, the name of the manufacturer, manufacturelocation, percentage progress, and the actual or expecteddates of:(i)commencement of manufacture,(ii) Contractor’s inspections,(iii) tests, and267 Copyright FIDIC Section VIII. General Conditions


(iv) shipment and arrival at the Site;(d) the details described in Sub-Clause 6.10 [Records ofContractor’s Personnel and Equipment];(e)(f)copies of quality assurance documents, test results andcertificates of Materials;list of notices given under Sub-Clause 2.5 [Employer’sClaims] and notices given under Sub-Clause 20.1[Contractor’s Claims];(g) safety statistics, including details of any hazardousincidents and activities relating to environmental aspectsand public relations; and(h) comparisons of actual and planned progress, with detailsof any events or circumstances which may jeopardise thecompletion in accordance with the Contract, and themeasures being (or to be) adopted to overcome delays.4.22 Security of theSiteUnless otherwise stated in the Particular Conditions:(a) the Contractor shall be responsible for keepingunauthorised persons off the Site, and(b) authorised persons shall be limited to the Contractor’sPersonnel and the Employer’s Personnel; and to any otherpersonnel notified to the Contractor, by the Employer orthe Engineer, as authorised personnel of the Employer’sother contractors on the Site.4.23 Contractor’sOperations onSiteThe Contractor shall confine his operations to the Site, and to anyadditional areas which may be obtained by the Contractor andagreed by the Engineer as additional working areas. The Contractorshall take all necessary precautions to keep Contractor’sEquipment and Contractor’s Personnel within the Site and theseadditional areas, and to keep them off adjacent land..During the execution of the Works, the Contractor shall keep theSite free from all unnecessary obstruction, and shall store ordispose of any Contractor’s Equipment or surplus materials. TheContractor shall clear away and remove from the Site anywreckage, rubbish and Temporary Works which are no longerrequired.Upon the issue of a Taking-Over Certificate, the Contractorshall clear away and remove, from that part of the Site andWorks to which the Taking-Over Certificate refers, all268 Copyright FIDIC Section VIII. General Conditions


Contractor’s Equipment, surplus material, wreckage, rubbishand Temporary Works. The Contractor shall leave that part ofthe Site and the Works in a clean and safe condition. However,the Contractor may retain on Site, during the DefectsNotification Period, such Goods as are required for theContractor to fulfil obligations under the Contract.4.24 Fossils All fossils, coins, articles of value or antiquity, and structuresand other remains or items of geological or archaeologicalinterest found on the Site shall be placed under the care andauthority of the Employer. The Contractor shall take reasonableprecautions to prevent Contractor’s Personnel or other personsfrom removing or damaging any of these findings.The Contractor shall, upon discovery of any such finding,promptly give notice to the Engineer, who shall issueinstructions for dealing with it. If the Contractor suffers delayand/or incurs Cost from complying with the instructions, theContractor shall give a further notice to the Engineer and shallbe entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and(b) payment of any such Cost, which shall be included in theContract Price.After receiving this further notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.5. Nominated Subcontractors5.1 Definition of“nominatedSubcontractor”5.2 Objection toNominationIn the Contract, “nominated Subcontractor” means aSubcontractor:(a)who is stated in the Contract as being a nominatedSubcontractor, or(b) whom the Engineer, under Clause 13 [Variations andAdjustments], instructs the Contractor to employ as aSubcontractor subject to Sub-Clause 5.2 [Objection toNotification].The Contractor shall not be under any obligation to employ anominated Subcontractor against whom the Contractor raisesreasonable objection by notice to the Engineer as soon aspracticable, with supporting particulars. An objection shall be269 Copyright FIDIC Section VIII. General Conditions


deemed reasonable if it arises from (among other things) any ofthe following matters, unless the Employer agrees in writing toindemnify the Contractor against and from the consequences ofthe matter:(a)there are reasons to believe that the Subcontractor does nothave sufficient competence, resources or financialstrength;(b) the nominated Subcontractor does not accept to indemnifythe Contractor against and from any negligence or misuseof Goods by the nominated Subcontractor, his agents andemployees; or(c)the nominated Subcontractor does not accept to enter intoa subcontract which specifies that, for the subcontractedwork (including design, if any), the nominatedSubcontractor shall:(i)(ii)undertake to the Contractor such obligations andliabilities as will enable the Contractor to dischargehis obligations and liabilities under the Contract;indemnify the Contractor against and from allobligations and liabilities arising under or inconnection with the Contract and from theconsequences of any failure by the Subcontractor toperform these obligations or to fulfil these liabilities,and(iii) be paid only if and when the Contractor has receivedfrom the Employer payments for sums due under theSubcontract referred to under Sub-Clause 5.3[Payment to nominated Subcontractors].5.3 Payments tonominatedSubcontractors5.4 Evidence ofPaymentsThe Contractor shall pay to the nominated Subcontractor theamounts shown on the nominated Subcontractor’s invoicesapproved by the Contractor which the Engineer certifies to bedue in accordance with the subcontract. These amounts plusother charges shall be included in the Contract Price inaccordance with sub-paragraph (b) of Sub-Clause 13.5[Provisional Sums], except as stated in Sub-Clause 5.4[Evidence of Payments].Before issuing a Payment Certificate which includes an amountpayable to a nominated Subcontractor, the Engineer may requestthe Contractor to supply reasonable evidence that the nominatedSubcontractor has received all amounts due in accordance withprevious Payment Certificates, less applicable deductions for270 Copyright FIDIC Section VIII. General Conditions


etention or otherwise. Unless the Contractor:(a)submits this reasonable evidence to the Engineer, or(b)(i)(ii)satisfies the Engineer in writing that the Contractor isreasonably entitled to withhold or refuse to pay theseamounts, andsubmits to the Engineer reasonable evidence that thenominated Subcontractor has been notified of theContractor’s entitlement,then the Employer may (at his sole discretion) pay, direct to thenominated Subcontractor, part or all of such amounts previouslycertified (less applicable deductions) as are due to thenominated Subcontractor and for which the Contractor hasfailed to submit the evidence described in sub-paragraphs (a) or(b) above. The Contractor shall then repay, to the Employer, theamount which the nominated Subcontractor was directly paid bythe Employer.6. Staff and Labour6.1 Engagement ofStaff and LabourExcept as otherwise stated in the Specification, the Contractorshall make arrangements for the engagement of all staff andlabour, local or otherwise, and for their payment, feeding,transport, and, when appropriate, housing.The Contractor is encouraged, to the extent practicable andreasonable, to employ staff and labour with appropriatequalifications and experience from sources within the Country.6.2 Rates of Wagesand Conditions ofLabourThe Contractor shall pay rates of wages, and observe conditionsof labour, which are not lower than those established for thetrade or industry where the work is carried out. If no establishedrates or conditions are applicable, the Contractor shall pay ratesof wages and observe conditions which are not lower than thegeneral level of wages and conditions observed locally byemployers whose trade or industry is similar to that of theContractor.The Contractor shall inform the Contractor’s Personnel abouttheir liability to pay personal income taxes in the Country inrespect of such of their salaries, wages, allowances and anybenefits as are subject to tax under the Laws of the Country forthe time being in force, and the Contractor shall perform such271 Copyright FIDIC Section VIII. General Conditions


duties in regard to such deductions thereof as may be imposedon him by such Laws.6.3 Persons in theService ofEmployerThe Contractor shall not recruit, or attempt to recruit, staff andlabour from amongst the Employer’s Personnel.6.4 Labour Laws The Contractor shall comply with all the relevant labour Lawsapplicable to the Contractor’s Personnel, including Laws relating totheir employment, health, safety, welfare, immigration andemigration, and shall allow them all their legal rights.The Contractor shall require his employees to obey allapplicable Laws, including those concerning safety at work.6.5 Working Hours No work shall be carried out on the Site on locally recogniseddays of rest, or outside the normal working hours stated in theContract Data, unless:(a)otherwise stated in the Contract,(b) the Engineer gives consent, or(c)the work is unavoidable, or necessary for the protection oflife or property or for the safety of the Works, in whichcase the Contractor shall immediately advise the Engineer.6.6 Facilities for Staffand LabourExcept as otherwise stated in the Specification, the Contractorshall provide and maintain all necessary accommodation andwelfare facilities for the Contractor’s Personnel. The Contractorshall also provide facilities for the Employer’s Personnel asstated in the Specification.The Contractor shall not permit any of the Contractor’sPersonnel to maintain any temporary or permanent livingquarters within the structures forming part of the PermanentWorks.6.7 Health and Safety The Contractor shall at all times take all reasonable precautionsto maintain the health and safety of the Contractor’s Personnel.In collaboration with local health authorities, the Contractorshall ensure that medical staff, first aid facilities, sick bay andambulance service are available at all times at the Site and atany accommodation for Contractor’s and Employer’s Personnel,and that suitable arrangements are made for all necessarywelfare and hygiene requirements and for the prevention ofepidemics.272 Copyright FIDIC Section VIII. General Conditions


The Contractor shall appoint an accident prevention officer atthe Site, responsible for maintaining safety and protectionagainst accidents. This person shall be qualified for thisresponsibility, and shall have the authority to issue instructionsand take protective measures to prevent accidents. Throughoutthe execution of the Works, the Contractor shall providewhatever is required by this person to exercise thisresponsibility and authority.The Contractor shall send, to the Engineer, details of anyaccident as soon as practicable after its occurrence. TheContractor shall maintain records and make reports concerninghealth, safety and welfare of persons, and damage to property,as the Engineer may reasonably require.HIV-AIDS Prevention. The Contractor shall conduct an HIV-AIDS awareness programme via an approved service provider,and shall undertake such other measures as are specified in thisContract to reduce the risk of the transfer of the HIV virusbetween and among the Contractor’s Personnel and the localcommunity, to promote early diagnosis and to assist affectedindividuals.The Contractor shall throughout the contract (including theDefects Notification Period): (i) conduct Information, Educationand Communication (IEC) campaigns, at least every othermonth, addressed to all the Site staff and labour (including allthe Contractor's employees, all Subcontractors and any otherContractor’s or Employer’s personnel employees, and all truckdrivers and crew making deliveries to Site for constructionactivities) and to the immediate local communities, concerningthe risks, dangers and impact, and appropriate avoidancebehaviour with respect to, of Sexually Transmitted Diseases(STD) - or Sexually Transmitted Infections (STI) in general andHIV/AIDS in particular; (ii) provide male or female condomsfor all Site staff and labour as appropriate; and (iii) provide forSTI and HIV/AIDS screening, diagnosis, counselling andreferral to a dedicated national STI and HIV/AIDS programme,(unless otherwise agreed) of all Site staff and labour.The Contractor shall include in the programme to be submittedfor the execution of the Works under Sub-Clause 8.3 analleviation programme for Site staff and labour and theirfamilies in respect of Sexually Transmitted Infections (STI) andSexually Transmitted Diseases (STD) including HIV/AIDS. TheSTI, STD and HIV/AIDS alleviation programme shall indicatewhen, how and at what cost the Contractor plans to satisfy therequirements of this Sub-Clause and the related specification.273 Copyright FIDIC Section VIII. General Conditions


6.8 Contractor’sSuperintendenceFor each component, the programme shall detail the resources tobe provided or utilised and any related sub-contractingproposed. The programme shall also include provision of adetailed cost estimate with supporting documentation. Paymentto the Contractor for preparation and implementation thisprogramme shall not exceed the Provisional Sum dedicated forthis purpose.Throughout the execution of the Works, and as long thereafteras is necessary to fulfil the Contractor’s obligations, theContractor shall provide all necessary superintendence to plan,arrange, direct, manage, inspect and test the work.Superintendence shall be given by a sufficient number ofpersons having adequate knowledge of the language forcommunications (defined in Sub-Clause 1.4 [Law andLanguage]) and of the operations to be carried out (including themethods and techniques required, the hazards likely to beencountered and methods of preventing accidents), for thesatisfactory and safe execution of the Works.6.9 Contractor’sPersonnelThe Contractor’s Personnel shall be appropriately qualified,skilled and experienced in their respective trades or occupations.The Engineer may require the Contractor to remove (or cause tobe removed) any person employed on the Site or Works,including the Contractor’s Representative if applicable, who:(a)persists in any misconduct or lack of care,(b) carries out duties incompetently or negligently,(c)fails to conform with any provisions of the Contract, or(d) persists in any conduct which is prejudicial to safety,health, or the protection of the environment.If appropriate, the Contractor shall then appoint (or cause to beappointed) a suitable replacement person.6.10 Records ofContractor’sPersonnel andEquipment6.11 DisorderlyConductThe Contractor shall submit, to the Engineer, details showingthe number of each class of Contractor’s Personnel and of eachtype of Contractor’s Equipment on the Site. Details shall besubmitted each calendar month, in a form approved by theEngineer, until the Contractor has completed all work which isknown to be outstanding at the completion date stated in theTaking-Over Certificate for the Works.The Contractor shall at all times take all reasonable precautionsto prevent any unlawful, riotous or disorderly conduct by or274 Copyright FIDIC Section VIII. General Conditions


amongst the Contractor’s Personnel, and to preserve peace andprotection of persons and property on and near the Site.6.12 ForeignPersonnelThe Contractor may bring in to the Country any foreignpersonnel who are necessary for the execution of the Works tothe extent allowed by the applicable Laws. The Contractor shallensure that these personnel are provided with the requiredresidence visas and work permits. The Employer will, ifrequested by the Contractor, use his best endeavours in a timelyand expeditious manner to assist the Contractor in obtaining anylocal, state, national or government permission required forbringing in the Contractor’s personnel..The Contractor shall be responsible for the return of thesepersonnel to the place where they were recruited or to theirdomicile. In the event of the death in the Country of any of thesepersonnel or members of their families, the Contractor shallsimilarly be responsible for making the appropriatearrangements for their return or burial.6.13 Supply ofFoodstuffsThe Contractor shall arrange for the provision of a sufficientsupply of suitable food as may be stated in the Specification atreasonable prices for the Contractor’s Personnel for thepurposes of or in connection with the Contract.6.14 Supply of Water The Contractor shall, having regard to local conditions, provideon the Site an adequate supply of drinking and other water forthe use of the Contractor’s Personnel.6.15 Measures againstInsect and PestNuisance6.16 Alcoholic Liquoror Drugs6.17 Arms andAmmunition6.18 Festivals andReligiousCustomsThe Contractor shall at all times take the necessary precautionsto protect the Contractor’s Personnel employed on the Site frominsect and pest nuisance, and to reduce the danger to theirhealth. The Contractor shall comply with all the regulations ofthe local health authorities, including use of appropriateinsecticide.The Contractor shall not, otherwise than in accordance with theLaws of the Country, import, sell, give, barter or otherwisedispose of any alcoholic liquor or drugs, or permit or allowimportation, sale, gift, barter or disposal thereof by Contractor'sPersonnel.The Contractor shall not give, barter, or otherwise dispose of, toany person, any arms or ammunition of any kind, or allowContractor's Personnel to do so.The Contractor shall respect the Country's recognized festivals,days of rest and religious or other customs.275 Copyright FIDIC Section VIII. General Conditions


6.19 FuneralArrangements6.20 Prohibition ofForced orCompulsoryLabour6.21 Prohibition ofHarmful ChildLabour6.22 EmploymentRecords ofWorkers6.23 Workers’OrganisationsThe Contractor shall be responsible, to the extent required by localregulations, for making any funeral arrangements for any of hislocal employees who may die while engaged upon the Works.The Contractor shall not employ forced labour, which consistsof any work or service, not voluntarily performed, that isexacted from an individual under threat of force or penalty, andincludes any kind of involuntary or compulsory labour, such asindentured labour, bonded labour or similar labour-contractingarrangements.The Contractor shall not employ children in a manner that iseconomically exploitative, or is likely to be hazardous, or tointerfere with, the child’s education, or to be harmful to thechild’s health or physical, mental, spiritual, moral, or socialdevelopment. Where the relevant labour laws of the Countryhave provisions for employment of minors, the Contractor shallfollow those laws applicable to the Contractor. Children belowthe age of 18 years shall not be employed in dangerous work.The Contractor shall keep complete and accurate records of theemployment of labour at the Site. The records shall include thenames, ages, genders, hours worked and wages paid to allworkers. These records shall be summarized on a monthly basisand submitted to the Engineer. These records shall be includedin the details to be submitted by the Contractor under Sub-Clause 6.10 [Records of Contractor’s Personnel andEquipment].In countries where the relevant labour laws recognise workers’rights to form and to join workers’ organisations of theirchoosing without interference and to bargain collectively, theContractor shall comply with such laws. Where the relevantlabour laws substantially restrict workers’ organisations, theContractor shall enable alternative means for the Contractor’sPersonnel to express their grievances and protect their rightsregarding working conditions and terms of employment. Ineither case described above, and where the relevant labour lawsare silent, the Contractor shall not discourage the Contractor’sPersonnel from forming or joining workers’ organisations oftheir choosing or from bargaining collectively, and shall notdiscriminate or retaliate against the Contractor’s Personnel whoparticipate, or seek to participate, in such organisations andbargain collectively. The Contractor shall engage with suchworkers’ representatives. Workers’ organisations are expectedto fairly represent the workers in the workforce.276 Copyright FIDIC Section VIII. General Conditions


6.24 Non-Discriminationand EqualOpportunityThe Contractor shall not make employment decisions on thebasis of personal characteristics unrelated to inherent jobrequirements. The Contractor shall base the employmentrelationship on the principle of equal opportunity and fairtreatment, and shall not discriminate with respect to aspects ofthe employment relationship, including recruitment and hiring,compensation (including wages and benefits), workingconditions and terms of employment, access to training,promotion, termination of employment or retirement, anddiscipline. In countries where the relevant labour laws providefor non-discrimination in employment, the Contractor shallcomply with such laws. When the relevant labour laws are silenton non-discrimination in employment, the Contractor shall meetthis Sub-Clause’s requirements. Special measures of protectionor assistance to remedy past discrimination or selection for aparticular job based on the inherent requirements of the job shallnot be deemed discrimination.7.1 Manner ofExecution7. Plant, Materials and WorkmanshipThe Contractor shall carry out the manufacture of Plant, theproduction andmanufacture of Materials, and all other executionof the Works:(a)in the manner (if any) specified in the Contract,(b) in a proper workmanlike and careful manner, inaccordance with recognised good practice, and(c)with properly equipped facilities and non-hazardousMaterials, except as otherwise specified in the Contract.7.2 Samples The Contractor shall submit the following samples of Materials,and relevant information, to the Engineer for consent prior tousing the Materials in or for the Works:(a)manufacturer’s standard samples of Materials and samplesspecified in the Contract, all at the Contractor’s cost, and(b) additional samples instructed by the Engineer as aVariation.Each sample shall be labelled as to origin and intended use inthe Works.7.3 Inspection The Employer’s Personnel shall at all reasonable times:(a)have full access to all parts of the Site and to all placesfrom which natural Materials are being obtained, and277 Copyright FIDIC Section VIII. General Conditions


(b) during production, manufacture and construction (at theSite and elsewhere), be entitled to examine, inspect,measure and test the materials and workmanship, and tocheck the progress of manufacture of Plant and productionand manufacture of Materials.The Contractor shall give the Employer’s Personnel fullopportunity to carry out these activities, including providingaccess, facilities, permissions and safety equipment. No suchactivity shall relieve the Contractor from any obligation orresponsibility.The Contractor shall give notice to the Engineer whenever anywork is ready and before it is covered up, put out of sight, orpackaged for storage or transport. The Engineer shall then eithercarry out the examination, inspection, measurement or testingwithout unreasonable delay, or promptly give notice to theContractor that the Engineer does not require to do so. If theContractor fails to give the notice, he shall, if and when requiredby the Engineer, uncover the work and thereafter reinstate andmake good, all at the Contractor’s cost.7.4 Testing This Sub-Clause shall apply to all tests specified in the Contract,other than the Tests after Completion (if any).Except as otherwise specified in the Contract, the Contractorshall provide all apparatus, assistance, documents and otherinformation, electricity, equipment, fuel, consumables,instruments, labour, materials, and suitably qualified andexperienced staff, as are necessary to carry out the specifiedtests efficiently. The Contractor shall agree, with the Engineer,the time and place for the specified testing of any Plant,Materials and other parts of the Works.The Engineer may, under Clause 13 [Variations andAdjustments], vary the location or details of specified tests, orinstruct the Contractor to carry out additional tests. If thesevaried or additional tests show that the tested Plant, Materials orworkmanship is not in accordance with the Contract, the cost ofcarrying out this Variation shall be borne by the Contractor,notwithstanding other provisions of the Contract.The Engineer shall give the Contractor not less than 24 hours’notice of the Engineer’s intention to attend the tests. If theEngineer does not attend at the time and place agreed, theContractor may proceed with the tests, unless otherwiseinstructed by the Engineer, and the tests shall then be deemed to278 Copyright FIDIC Section VIII. General Conditions


have been made in the Engineer’s presence.If the Contractor suffers delay and/or incurs Cost fromcomplying with these instructions or as a result of a delay forwhich the Employer is responsible, the Contractor shall givenotice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and(b) payment of any such Cost plus profit, which shall beincluded in the Contract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.The Contractor shall promptly forward to the Engineer dulycertified reports of the tests. When the specified tests have beenpassed, the Engineer shall endorse the Contractor’s testcertificate, or issue a certificate to him, to that effect. If theEngineer has not attended the tests, he shall be deemed to haveaccepted the readings as accurate.7.5 Rejection If, as a result of an examination, inspection, measurement ortesting, any Plant, Materials or workmanship is found to bedefective or otherwise not in accordance with the Contract, theEngineer may reject the Plant, Materials or workmanship bygiving notice to the Contractor, with reasons. The Contractorshall then promptly make good the defect and ensure that therejected item complies with the Contract.If the Engineer requires this Plant, Materials or workmanship tobe retested, the tests shall be repeated under the same terms andconditions. If the rejection and retesting cause the Employer toincur additional costs, the Contractor shall subject to Sub-Clause2.5 [Employer’s Claims] pay these costs to the Employer.7.6 Remedial Work Notwithstanding any previous test or certification, the Engineermay instruct the Contractor to:(a)remove from the Site and replace any Plant or Materialswhich is not in accordance with the Contract,(b) remove and re-execute any other work which is not in279 Copyright FIDIC Section VIII. General Conditions


accordance with the Contract, and(c)execute any work which is urgently required for the safetyof the Works, whether because of an accident,unforeseeable event or otherwise.The Contractor shall comply with the instruction within areasonable time, which shall be the time (if any) specified in theinstruction, or immediately if urgency is specified under subparagraph(c).If the Contractor fails to comply with the instruction, theEmployer shall be entitled to employ and pay other persons tocarry out the work. Except to the extent that the Contractorwould have been entitled to payment for the work, theContractor shall subject to Sub-Clause 2.5 [Employer’s Claims]pay to the Employer all costs arising from this failure.7.7 Ownership ofPlant andMaterialsExcept as otherwise provided in the Contract, each item of Plantand Materials shall, to the extent consistent with the Laws of theCountry, become the property of the Employer at whichever isthe earlier of the following times, free from liens and otherencumbrances:(a)(b)when it is incorporated in the Works;when the Contractor is paid the corresponding value of thePlant and Materials under Sub-Clause 8.10 [Payment forPlant and Materials in Event of Suspension].7.8 Royalties Unless otherwise stated in the Specification, the Contractor shallpay all royalties, rents and other payments for:(a)natural Materials obtained from outside the Site, and(b) the disposal of material from demolitions and excavationsand of other surplus material (whether natural or manmade),except to the extent that disposal areas within theSite are specified in the Contract.8. Commencement, Delays and Suspension8.1 Commencementof WorksExcept as otherwise specified in the Particular Conditions ofContract, the Commencement Date shall be the date at which thefollowing precedent conditions have all been fulfilled and theEngineer’s notification recording the agreement of both Partieson such fulfilment and instructing to commence the Work isreceived by the Contractor:280 Copyright FIDIC Section VIII. General Conditions


(a)(b)(c)(d)signature of the Contract Agreement by both Parties, andif required, approval of the Contract by relevantauthorities of the Country;delivery to the Contractor of reasonable evidence of theEmployer’s financial arrangements (under Sub-Clause2.4 [Employer’s Financial Arrangements]);except if otherwise specified in the Contract Data,effective access to and possession of the Site given to theContractor together with such permission(s) under (a) ofSub-Clause 1.13 [Compliance with Laws] as required forthe commencement of the Worksreceipt by the Contractor of the Advance Payment underSub-Clause 14.2 [Advance Payment] provided that thecorresponding bank guarantee has been delivered by theContractor.If the said Engineer’s instruction is not received by theContractor within 180 days from his receipt of the Letter ofAcceptance, the Contractor shall be entitled to terminate theContract under Sub-Clause 16.2 [Termination by Contractor].The Contractor shall commence the execution of the Works assoon as is reasonably practicable after the Commencement Date,and shall then proceed with the Works with due expedition andwithout delay.8.2 Time forCompletionThe Contractor shall complete the whole of the Works, and eachSection (if any), within the Time for Completion for the Worksor Section (as the case may be), including:(a)achieving the passing of the Tests on Completion, and(b) completing all work which is stated in the Contract asbeing required for the Works or Section to be consideredto be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections].8.3 Programme The Contractor shall submit a detailed time programme to theEngineer within 28 days after receiving the notice under Sub-Clause 8.1 [Commencement of Works]. The Contractor shallalso submit a revised programme whenever the previousprogramme is inconsistent with actual progress or with theContractor’s obligations. Each programme shall include:(a)the order in which the Contractor intends to carry out the281 Copyright FIDIC Section VIII. General Conditions


Works, including the anticipated timing of each stage ofdesign (if any), Contractor’s Documents, procurement,manufacture of Plant, delivery to Site, construction,erection and testing,(b) each of these stages for work by each nominatedSubcontractor (as defined in Clause 5 [NominatedSubcontractors]),(c)the sequence and timing of inspections and tests specifiedin the Contract, and(d) a supporting report which includes:8.4 Extension ofTime forCompletion(i)a general description of the methods which theContractor intends to adopt, and of the major stages,in the execution of the Works, and(ii) details showing the Contractor’s reasonable estimateof the number of each class of Contractor’s Personneland of each type of Contractor’s Equipment, requiredon the Site for each major stage.Unless the Engineer, within 21 days after receiving aprogramme, gives notice to the Contractor stating the extent towhich it does not comply with the Contract, the Contractor shallproceed in accordance with the programme, subject to his otherobligations under the Contract. The Employer’s Personnel shallbe entitled to rely upon the programme when planning theiractivities.The Contractor shall promptly give notice to the Engineer ofspecific probable future events or circumstances which mayadversely affect the work, increase the Contract Price or delaythe execution of the Works. The Engineer may require theContractor to submit an estimate of the anticipated effect of thefuture event or circumstances, and/or a proposal under Sub-Clause 13.3 [Variation Procedure].If, at any time, the Engineer gives notice to the Contractor that aprogramme fails (to the extent stated) to comply with theContract or to be consistent with actual progress and theContractor’s stated intentions, the Contractor shall submit arevised programme to the Engineer in accordance with this Sub-Clause.The Contractor shall be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to an extension of the Time forCompletion if and to the extent that completion for the purposesof Sub-Clause 10.1 [Taking Over of the Works and Sections] is282 Copyright FIDIC Section VIII. General Conditions


or will be delayed by any of the following causes:(a)a Variation (unless an adjustment to the Time forCompletion has been agreed under Sub-Clause 13.3[Variation Procedure]) or other substantial change in thequantity of an item of work included in the Contract,(b) a cause of delay giving an entitlement to extension of timeunder a Sub-Clause of these Conditions,(c)exceptionally adverse climatic conditions,(d) Unforeseeable shortages in the availability of personnel orGoods caused by epidemic or governmental actions, or(e)any delay, impediment or prevention caused by orattributable to the Employer, the Employer’s Personnel, orthe Employer’s other contractors.If the Contractor considers himself to be entitled to an extensionof the Time for Completion, the Contractor shall give notice tothe Engineer in accordance with Sub-Clause 20.1 [Contractor’sClaims]. When determining each extension of time under Sub-Clause 20.1, the Engineer shall review previous determinationsand may increase, but shall not decrease, the total extension oftime.8.5 Delays Caused byAuthoritiesIf the following conditions apply, namely:(a)the Contractor has diligently followed the procedures laiddown by the relevant legally constituted public authoritiesin the Country,(b) these authorities delay or disrupt the Contractor’s work,and(c)the delay or disruption was Unforeseeable,8.6 Rate of Progress If, at any time:then this delay or disruption will be considered as a cause ofdelay under sub-paragraph (b) of Sub-Clause 8.4 [Extension ofTime for Completion].(a)actual progress is too slow to complete within the Time forCompletion, and/or(b) progress has fallen (or will fall) behind the currentprogramme under Sub-Clause 8.3 [Programme],283 Copyright FIDIC Section VIII. General Conditions


other than as a result of a cause listed in Sub-Clause 8.4[Extension of Time for Completion], then the Engineer mayinstruct the Contractor to submit, under Sub-Clause 8.3[Programme], a revised programme and supporting reportdescribing the revised methods which the Contractor proposesto adopt in order to expedite progress and complete within theTime for Completion.Unless the Engineer notifies otherwise, the Contractor shalladopt these revised methods, which may require increases in theworking hours and/or in the numbers of Contractor’s Personneland/or Goods, at the risk and cost of the Contractor. If theserevised methods cause the Employer to incur additional costs,the Contractor shall subject to notice under Sub-Clause 2.5[Employer’s Claims] pay these costs to the Employer, inaddition to delay damages (if any) under Sub-Clause 8.7 below.Additional costs of revised methods including accelerationmeasures, instructed by the Engineer to reduce delays resultingfrom causes listed under Sub-Clause 8.4 [Extension of Time forCompletion] shall be paid by the Employer, without generating,however, any other additional payment benefit to theContractor.8.7 Delay Damages If the Contractor fails to comply with Sub-Clause 8.2 [Time forCompletion], the Contractor shall subject to notice under Sub-Clause 2.5 [Employer’s Claims] pay delay damages to theEmployer for this default. These delay damages shall be the sumstated in the Contract Data, which shall be paid for every daywhich shall elapse between the relevant Time for Completionand the date stated in the Taking-Over Certificate. However, thetotal amount due under this Sub-Clause shall not exceed themaximum amount of delay damages (if any) stated in theContract Data.These delay damages shall be the only damages due from theContractor for such default, other than in the event oftermination under Sub-Clause 15.2 [Termination by Employer]prior to completion of the Works. These damages shall notrelieve the Contractor from his obligation to complete theWorks, or from any other duties, obligations or responsibilitieswhich he may have under the Contract.8.8 Suspension ofWorkThe Engineer may at any time instruct the Contractor to suspendprogress of part or all of the Works. During such suspension, theContractor shall protect, store and secure such part or the Worksagainst any deterioration, loss or damage.284 Copyright FIDIC Section VIII. General Conditions


The Engineer may also notify the cause for the suspension. Ifand to the extent that the cause is notified and is theresponsibility of the Contractor, the following Sub-Clauses 8.9,8.10 and 8.11 shall not apply.8.9 Consequences ofSuspensionIf the Contractor suffers delay and/or incurs Cost fromcomplying with the Engineer’s instructions under Sub-Clause8.8 [Suspension of Work] and/or from resuming the work, theContractor shall give notice to the Engineer and shall be entitledsubject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and(b) payment of any such Cost, which shall be included in theContract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.The Contractor shall not be entitled to an extension of time for,or to payment of the Cost incurred in, making good theconsequences of the Contractor’s faulty design, workmanship ormaterials, or of the Contractor’s failure to protect, store orsecure in accordance with Sub-Clause 8.8 [Suspension ofWork].8.10 Payment forPlant andMaterials inEvent ofSuspensionThe Contractor shall be entitled to payment of the value (as atthe date of suspension) of Plant and/or Materials which have notbeen delivered to Site, if:(a)the work on Plant or delivery of Plant and/or Materials hasbeen suspended for more than 28 days, and(b) the Contractor has marked the Plant and/or Materials as theEmployer’s property in accordance with the Engineer’sinstructions.8.11 ProlongedSuspensionIf the suspension under Sub-Clause 8.8 [Suspension of Work]has continued for more than 84 days, the Contractor may requestthe Engineer’s permission to proceed. If the Engineer does notgive permission within 28 days after being requested to do so,the Contractor may, by giving notice to the Engineer, treat thesuspension as an omission under Clause 13 [Variations andAdjustments] of the affected part of the Works. If the suspensionaffects the whole of the Works, the Contractor may give notice285 Copyright FIDIC Section VIII. General Conditions


of termination under Sub-Clause 16.2 [Termination byContractor].8.12 Resumption ofWorkAfter the permission or instruction to proceed is given, theContractor and the Engineer shall jointly examine the Worksand the Plant and Materials affected by the suspension. TheContractor shall make good any deterioration or defect in or lossof the Works or Plant or Materials, which has occurred duringthe suspension after receiving from the Engineer an instructionto this effect under Clause 13 [Variations and Adjustments].9.1 Contractor’sObligations9. Tests on CompletionThe Contractor shall carry out the Tests on Completion inaccordance with this Clause and Sub-Clause 7.4 [Testing], afterproviding the documents in accordance with sub-paragraph (d)of Sub-Clause 4.1 [Contractor’s General Obligations].The Contractor shall give to the Engineer not less than 21 days’notice of the date after which the Contractor will be ready tocarry out each of the Tests on Completion. Unless otherwiseagreed, Tests on Completion shall be carried out within 14 daysafter this date, on such day or days as the Engineer shallinstruct.In considering the results of the Tests on Completion, theEngineer shall make allowances for the effect of any use of theWorks by the Employer on the performance or othercharacteristics of the Works. As soon as the Works, or a Section,have passed any Tests on Completion, the Contractor shallsubmit a certified report of the results of these Tests to theEngineer.9.2 Delayed Tests If the Tests on Completion are being unduly delayed by theEmployer, Sub-Clause 7.4 [Testing] (fifth paragraph) and/orSub-Clause 10.3 [Interference with Tests on Completion] shallbe applicable.If the Tests on Completion are being unduly delayed by theContractor, the Engineer may by notice require the Contractor tocarry out the Tests within 21 days after receiving the notice. TheContractor shall carry out the Tests on such day or days withinthat period as the Contractor may fix and of which he shall givenotice to the Engineer.If the Contractor fails to carry out the Tests on Completionwithin the period of 21 days, the Employer’s Personnel mayproceed with the Tests at the risk and cost of the Contractor. TheTests on Completion shall then be deemed to have been carried286 Copyright FIDIC Section VIII. General Conditions


out in the presence of the Contractor and the results of the Testsshall be accepted as accurate.9.3 Retesting If the Works, or a Section, fail to pass the Tests on Completion,Sub-Clause 7.5 [Rejection] shall apply, and the Engineer or theContractor may require the failed Tests, and Tests onCompletion on any related work, to be repeated under the sameterms and conditions.9.4 Failure to PassTests onCompletion10.1 Taking Over ofthe Works andSectionsIf the Works, or a Section, fail to pass the Tests on Completionrepeated under Sub-Clause 9.3 [Retesting], the Engineer shall beentitled to:(a)order further repetition of Tests on Completion under Sub-Clause 9.3;(b) if the failure deprives the Employer of substantially thewhole benefit of the Works or Section, reject the Works orSection (as the case may be), in which event the Employershall have the same remedies as are provided in subparagraph(c) of Sub-Clause 11.4 [Failure to RemedyDefects]; or(c)issue a Taking-Over Certificate, if the Employer so requests.In the event of sub-paragraph (c), the Contractor shall proceedin accordance with all other obligations under the Contract, andthe Contract Price shall be reduced by such amount as shall beappropriate to cover the reduced value to the Employer as aresult of this failure. Unless the relevant reduction for thisfailure is stated (or its method of calculation is defined) in theContract, the Employer may require the reduction to be (i)agreed by both Parties (in full satisfaction of this failure only)and paid before this Taking-Over Certificate is issued, or (ii)determined and paid under Sub-Clause 2.5 [Employer’s Claims]and Sub-Clause 3.5 [Determinations].10. Employer’s Taking OverExcept as stated in Sub-Clause 9.4 [Failure to Pass Tests onCompletion], the Works shall be taken over by the Employerwhen (i) the Works have been completed in accordance with theContract, including the matters described in Sub-Clause 8.2[Time for Completion] and except as allowed in sub-paragraph(a) below, and (ii) a Taking-Over Certificate for the Works hasbeen issued, or is deemed to have been issued in accordancewith this Sub-Clause.The Contractor may apply by notice to the Engineer for a287 Copyright FIDIC Section VIII. General Conditions


Taking-Over Certificate not earlier than 14 days before theWorks will, in the Contractor’s opinion, be complete and readyfor taking over. If the Works are divided into Sections, theContractor may similarly apply for a Taking-Over Certificatefor each Section.10.2 Taking Over ofParts of theWorksThe Engineer shall, within 28 days after receiving theContractor’s application:(a)issue the Taking-Over Certificate to the Contractor, statingthe date on which the Works or Section were completed inaccordance with the Contract, except for any minoroutstanding work and defects which will not substantiallyaffect the use of the Works or Section for their intendedpurpose (either until or whilst this work is completed andthese defects are remedied); or(b) reject the application, giving reasons and specifying thework required to be done by the Contractor to enable theTaking-Over Certificate to be issued. The Contractor shallthen complete this work before issuing a further noticeunder this Sub-Clause.If the Engineer fails either to issue the Taking-Over Certificateor to reject the Contractor’s application within the period of 28days, and if the Works or Section (as the case may be) aresubstantially in accordance with the Contract, the Taking-OverCertificate shall be deemed to have been issued on the last dayof that period.The Engineer may, at the sole discretion of the Employer, issuea Taking-OverCertificate for any part of the Permanent Works.The Employer shall not use any part of the Works (other than asa temporary measure which is either specified in the Contract oragreed by both Parties) unless and until the Engineer has issueda Taking-Over Certificate for this part. However, if theEmployer does use any part of the Works before the Taking-Over Certificate is issued:(a)the part which is used shall be deemed to have been takenover as from the date on which it is used,(b) the Contractor shall cease to be liable for the care of suchpart as from this date, when responsibility shall pass to theEmployer, and(c)if requested by the Contractor, the Engineer shall issue aTaking-Over Certificate for this part.288 Copyright FIDIC Section VIII. General Conditions


After the Engineer has issued a Taking-Over Certificate for apart of the Works, the Contractor shall be given the earliestopportunity to take such steps as may be necessary to carry outany outstanding Tests on Completion. The Contractor shallcarry out these Tests on Completion as soon as practicablebefore the expiry date of the relevant Defects NotificationPeriod.If the Contractor incurs Cost as a result of the Employer takingover and/or using a part of the Works, other than such use as isspecified in the Contract or agreed by the Contractor, theContractor shall (i) give notice to the Engineer and (ii) beentitled subject to Sub-Clause 20.1 [Contractor’s Claims] topayment of any such Cost plus profit, which shall be included inthe Contract Price. After receiving this notice, the Engineer shallproceed in accordance with Sub-Clause 3.5 [Determinations] toagree or determine this Cost and profit.10.3 Interference withTests onCompletionIf a Taking-Over Certificate has been issued for a part of theWorks (other than a Section), the delay damages thereafter forcompletion of the remainder of the Works shall be reduced.Similarly, the delay damages for the remainder of the Section (ifany) in which this part is included shall also be reduced. For anyperiod of delay after the date stated in this Taking-OverCertificate, the proportional reduction in these delay damagesshall be calculated as the proportion which the value of the partso certified bears to the value of the Works or Section (as thecase may be) as a whole. The Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these proportions. The provisions of this paragraphshall only apply to the daily rate of delay damages under Sub-Clause 8.7 [Delay Damages], and shall not affect the maximumamount of these damages.If the Contractor is prevented, for more than 14 days, fromcarrying out the Tests on Completion by a cause for which theEmployer is responsible, the Employer shall be deemed to havetaken over the Works or Section (as the case may be) on the datewhen the Tests on Completion would otherwise have beencompleted.The Engineer shall then issue a Taking-Over Certificateaccordingly, and the Contractor shall carry out the Tests onCompletion as soon as practicable, before the expiry date of theDefects Notification Period. The Engineer shall require theTests on Completion to be carried out by giving 14 days’ noticeand in accordance with the relevant provisions of the Contract.289 Copyright FIDIC Section VIII. General Conditions


If the Contractor suffers delay and/or incurs Cost as a result ofthis delay in carrying out the Tests on Completion, theContractor shall give notice to the Engineer and shall be entitledsubject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and(b) payment of any such Cost plus profit, which shall beincluded in the Contract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.10.4 SurfacesRequiringReinstatementExcept as otherwise stated in a Taking-Over Certificate, acertificate for a Section or part of the Works shall not be deemedto certify completion of any ground or other surfaces requiringreinstatement.11. Defects Liability11.1 Completion ofOutstandingWork andRemedyingDefectsIn order that the Works and Contractor’s Documents, and eachSection, shall be in the condition required by the Contract (fairwear and tear excepted) by the expiry date of the relevantDefects Notification Period or as soon as practicable thereafter,the Contractor shall:(a)complete any work which is outstanding on the date statedin a Taking-Over Certificate, within such reasonable timeas is instructed by the Engineer, and(b) execute all work required to remedy defects or damage, asmay be notified by (or on behalf of) the Employer on orbefore the expiry date of the Defects Notification Periodfor the Works or Section (as the case may be).If a defect appears or damage occurs, the Contractor shall benotified accordingly, by (or on behalf of) the Employer.11.2 Cost ofRemedyingDefectsAll work referred to in sub-paragraph (b) of Sub-Clause 11.1[Completion of Outstanding Work and Remedying Defects]shall be executed at the risk and cost of the Contractor, if and tothe extent that the work is attributable to:(a)any design for which the Contractor is responsible,(b) Plant, Materials or workmanship not being in accordance290 Copyright FIDIC Section VIII. General Conditions


with the Contract, or(c)failure by the Contractor to comply with any otherobligation.If and to the extent that such work is attributable to any othercause, the Contractor shall be notified promptly by (or on behalfof) the Employer, and Sub-Clause 13.3 [Variation Procedure]shall apply.11.3 Extension ofDefectsNotificationPeriodThe Employer shall be entitled subject to Sub-Clause 2.5[Employer’s Claims] to an extension of the Defects NotificationPeriod for the Works or a Section if and to the extent that theWorks, Section or a major item of Plant (as the case may be, andafter taking over) cannot be used for the purposes for which theyare intended by reason of a defect or by reason of damageattributable to the Contractor. However, a Defects NotificationPeriod shall not be extended by more than two years.If delivery and/or erection of Plant and/or Materials wassuspended under Sub-Clause 8.8 [Suspension of Work] or Sub-Clause 16.1 [Contractor’s Entitlement to Suspend Work], theContractor’s obligations under this Clause shall not apply to anydefects or damage occurring more than two years after theDefects Notification Period for the Plant and/or Materials wouldotherwise have expired.11.4 Failure toRemedy DefectsIf the Contractor fails to remedy any defect or damage within areasonable time, a date may be fixed by (or on behalf of) theEmployer, on or by which the defect or damage is to be remedied.The Contractor shall be given reasonable notice of this date.If the Contractor fails to remedy the defect or damage by thisnotified date and this remedial work was to be executed at thecost of the Contractor under Sub-Clause 11.2 [Cost ofRemedying Defects], the Employer may (at his option):(a)carry out the work himself or by others, in a reasonablemanner and at the Contractor’s cost, but the Contractorshall have no responsibility for this work; and theContractor shall subject to Sub-Clause 2.5 [Employer’sClaims] pay to the Employer the costs reasonably incurredby the Employer in remedying the defect or damage;(b) require the Engineer to agree or determine a reasonablereduction in the Contract Price in accordance with Sub-Clause 3.5 [Determinations]; or291 Copyright FIDIC Section VIII. General Conditions


11.5 Removal ofDefective Work(c)if the defect or damage deprives the Employer ofsubstantially the whole benefit of the Works or any majorpart of the Works, terminate the Contract as a whole, or inrespect of such major part which cannot be put to theintended use. Without prejudice to any other rights, underthe Contract or otherwise, the Employer shall then beentitled to recover all sums paid for the Works or for suchpart (as the case may be), plus financing costs and the costof dismantling the same, clearing the Site and returningPlant and Materials to the Contractor.If the defect or damage cannot be remedied expeditiously on theSite and the Employer gives consent, the Contractor mayremove from the Site for the purposes of repair such items ofPlant as are defective or damaged. This consent may require theContractor to increase the amount of the Performance Securityby the full replacement cost of these items, or to provide otherappropriate security.11.6 Further Tests If the work of remedying of any defect or damage may affectthe performance of the Works, the Engineer may require therepetition of any of the tests described in the Contract. Therequirement shall be made by notice within 28 days after thedefect or damage is remedied.These tests shall be carried out in accordance with the termsapplicable to the previous tests, except that they shall be carriedout at the risk and cost of the Party liable, under Sub-Clause11.2 [Cost of Remedying Defects], for the cost of the remedialwork.11.7 Right of Access Until the Performance Certificate has been issued, theContractor shall have such right of access to the Works as isreasonably required in order to comply with this Clause, exceptas may be inconsistent with the Employer’s reasonable securityrestrictions.11.8 Contractor toSearch11.9 PerformanceCertificateThe Contractor shall, if required by the Engineer, search for thecause of any defect, under the direction of the Engineer. Unlessthe defect is to be remedied at the cost of the Contractor underSub-Clause 11.2 [Cost of Remedying Defects], the Cost of thesearch plus profit shall be agreed or determined by the Engineerin accordance with Sub-Clause 3.5 [Determinations] and shallbe included in the Contract Price.Performance of the Contractor’s obligations shall not beconsidered to have been completed until the Engineer has issuedthe Performance Certificate to the Contractor, stating the date on292 Copyright FIDIC Section VIII. General Conditions


11.10 UnfulfilledObligationswhich the Contractor completed his obligations under theContract.The Engineer shall issue the Performance Certificate within 28days after the latest of the expiry dates of the DefectsNotification Periods, or as soon thereafter as the Contractor hassupplied all the Contractor’s Documents and completed andtested all the Works, including remedying any defects. A copyof the Performance Certificate shall be issued to the Employer.Only the Performance Certificate shall be deemed to constituteacceptance of the Works.After the Performance Certificate has been issued, each Partyshall remain liable for the fulfilment of any obligation whichremains unperformed at that time. For the purposes ofdetermining the nature and extent of unperformed obligations,the Contract shall be deemed to remain in force.11.11 Clearance of Site Upon receiving the Performance Certificate, the Contractor shallremove any remaining Contractor’s Equipment, surplusmaterial, wreckage, rubbish and Temporary Works from theSite.If all these items have not been removed within 28 days afterreceipt by the Contractor of the Performance Certificate, theEmployer may sell or otherwise dispose of any remaining items.The Employer shall be entitled to be paid the costs incurred inconnection with, or attributable to, such sale or disposal andrestoring the Site.Any balance of the moneys from the sale shall be paid to theContractor. If these moneys are less than the Employer’s costs,the Contractor shall pay the outstanding balance to theEmployer.12. Measurement and Evaluation12.1 Works to beMeasuredThe Works shall be measured, and valued for payment, inaccordance with this Clause. The Contractor shall show in eachapplication under Sub-Clauses 14.3 [Application for InterimPayment Certificates], 14.10 [Statement on Completion] and14.11 [Application for Final Payment Certificate] the quantitiesand other particulars detailing the amounts which he considersto be entitled under the Contract.Whenever the Engineer requires any part of the Works to bemeasured, reasonable notice shall be given to the Contractor’s293 Copyright FIDIC Section VIII. General Conditions


Representative, who shall:(a) promptly either attend or send another qualifiedrepresentative to assist the Engineer in making themeasurement, and(b) supply any particulars requested by the Engineer.If the Contractor fails to attend or send a representative, themeasurement made by (or on behalf of) the Engineer shall beaccepted as accurate.Except as otherwise stated in the Contract, wherever anyPermanent Works are to be measured from records, these shallbe prepared by the Engineer. The Contractor shall, as and whenrequested, attend to examine and agree the records with theEngineer, and shall sign the same when agreed. If the Contractordoes not attend, the records shall be accepted as accurate.If the Contractor examines and disagrees the records, and/ordoes not sign them as agreed, then the Contractor shall givenotice to the Engineer of the respects in which the records areasserted to be inaccurate. After receiving this notice, theEngineer shall review the records and either confirm or varythem and certify the payment of the undisputed part. If theContractor does not so give notice to the Engineer within 14days after being requested to examine the records, they shall beaccepted as accurate.12.2 Method ofMeasurementExcept as otherwise stated in the Contract and notwithstandinglocal practice:(a) measurement shall be made of the net actual quantity ofeach item of the Permanent Works, and(b) the method of measurement shall be in accordance withthe Bill of Quantities or other applicable Schedules.12.3 Evaluation Except as otherwise stated in the Contract, the Engineer shallproceed in accordance with Sub-Clause 3.5 [Determinations] toagree or determine the Contract Price by evaluating each item ofwork, applying the measurement agreed or determined inaccordance with the above Sub-Clauses 12.1 and 12.2 and theappropriate rate or price for the item.For each item of work, the appropriate rate or price for the itemshall be the rate or price specified for such item in the Contractor, if there is no such item, specified for similar work.294 Copyright FIDIC Section VIII. General Conditions


Any item of work included in the Bill of Quantities for which norate or price was specified shall be considered as included inother rates and prices in the Bill of Quantities and will not bepaid for separately.However, a new rate or price shall be appropriate for an item ofwork if:(a)(i)(ii)the measured quantity of the item is changed by morethan 25% from the quantity of this item in the Bill ofQuantities or other Schedule,this change in quantity multiplied by such specifiedrate for this item exceeds 0.25% of the AcceptedContract Amount,(iii) this change in quantity directly changes the Cost perunit quantity of this item by more than 1%, and(iv) this item is not specified in the Contract as a “fixedrate item”;or(b)(i)(ii)the work is instructed under Clause 13 [Variationsand Adjustments],no rate or price is specified in the Contract for thisitem, and(iii) no specified rate or price is appropriate because theitem of work is not of similar character, or is notexecuted under similar conditions, as any item in theContract.Each new rate or price shall be derived from any relevant ratesor prices in the Contract, with reasonable adjustments to takeaccount of the matters described in sub-paragraph (a) and/or (b),as applicable. If no rates or prices are relevant for the derivationof a new rate or price, it shall be derived from the reasonableCost of executing the work, together with profit, taking accountof any other relevant matters.Until such time as an appropriate rate or price is agreed ordetermined, the Engineer shall determine a provisional rate or295 Copyright FIDIC Section VIII. General Conditions


price for the purposes of Interim Payment Certificates as soon asthe concerned work commences.12.4 Omissions Whenever the omission of any work forms part (or all) of aVariation, the value of which has not been agreed, if:(a)the Contractor will incur (or has incurred) cost which, ifthe work had not been omitted, would have been deemedto be covered by a sum forming part of the AcceptedContract Amount;(b) the omission of the work will result (or has resulted) in thissum not forming part of the Contract Price; and(c)this cost is not deemed to be included in the evaluation ofany substituted work;then the Contractor shall give notice to the Engineeraccordingly, with supporting particulars. Upon receiving thisnotice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this cost,which shall be included in the Contract Price.13. Variations and Adjustments13.1 Right to Vary Variations may be initiated by the Engineer at any time prior toissuing the Taking-Over Certificate for the Works, either by aninstruction or by a request for the Contractor to submit a proposal.The Contractor shall execute and be bound by each Variation,unless the Contractor promptly gives notice to the Engineerstating (with supporting particulars) that (i) the Contractorcannot readily obtain the Goods required for the Variation, or(ii) such Variation triggers a substantial change in the sequenceor progress of the Works. Upon receiving this notice, theEngineer shall cancel, confirm or vary the instruction.Each Variation may include:(a)changes to the quantities of any item of work included inthe Contract (however, such changes do not necessarilyconstitute a Variation),(b) changes to the quality and other characteristics of any itemof work,(c)changes to the levels, positions and/or dimensions of anypart of the Works,296 Copyright FIDIC Section VIII. General Conditions


(d)(e)(f)omission of any work unless it is to be carried out byothers,any additional work, Plant, Materials or services necessaryfor the Permanent Works, including any associated Testson Completion, boreholes and other testing andexploratory work, orchanges to the sequence or timing of the execution of theWorks.The Contractor shall not make any alteration and/ormodification of the Permanent Works, unless and until theEngineer instructs or approves a Variation.13.2 ValueEngineeringThe Contractor may, at any time, submit to the Engineer a writtenproposal which (in the Contractor’s opinion) will, if adopted, (i)accelerate completion, (ii) reduce the cost to the Employer ofexecuting, maintaining or operating the Works, (iii) improve theefficiency or value to the Employer of the completed Works, or(iv) otherwise be of benefit to the Employer.The proposal shall be prepared at the cost of the Contractor andshall include the items listed in Sub-Clause 13.3 [VariationProcedure].If a proposal, which is approved by the Engineer, includes achange in the design of part of the Permanent Works, thenunless otherwise agreed by both Parties:(a)the Contractor shall design this part,(b) sub-paragraphs (a) to (d) of Sub-Clause 4.1 [Contractor’sGeneral Obligations] shall apply, and(c)if this change results in a reduction in the contract value ofthis part, the Engineer shall proceed in accordance withSub-Clause 3.5 [Determinations] to agree or determine afee, which shall be included in the Contract Price. This feeshall be half (50%) of the difference between the followingamounts:(i)such reduction in contract value, resulting from thechange, excluding adjustments under Sub-Clause13.7 [Adjustments for Changes in Legislation] andSub-Clause 13.8 [Adjustments for Changes inCost],and(ii) the reduction (if any) in the value to the Employer of297 Copyright FIDIC Section VIII. General Conditions


the varied works, taking account of any reductions inquality, anticipated life or operational efficiencies.However, if amount (i) is less than amount (ii), there shall notbe a fee.13.3 VariationProcedureIf the Engineer requests a proposal, prior to instructing aVariation, the Contractor shall respond in writing as soon aspracticable, either by giving reasons why he cannot comply (ifthis is the case) or by submitting:(a)a description of the proposed work to be performed and aprogramme for its execution,(b) the Contractor’s proposal for any necessary modificationsto the programme according to Sub-Clause 8.3[Programme] and to the Time for Completion, and(c)the Contractor’s proposal for evaluation of the Variation.The Engineer shall, as soon as practicable after receiving suchproposal (under Sub-Clause 13.2 [Value Engineering] orotherwise), respond with approval, disapproval or comments.The Contractor shall not delay any work whilst awaiting aresponse.Each instruction to execute a Variation, with any requirementsfor the recording of Costs, shall be issued by the Engineer to theContractor, who shall acknowledge receipt.Each Variation shall be evaluated in accordance with Clause 12[Measurement and Evaluation], unless the Engineer instructs orapproves otherwise in accordance with this Clause.13.4 Payment inApplicableCurrenciesIf the Contract provides for payment of the Contract Price inmore than one currency, then whenever an adjustment is agreed,approved or determined as stated above, the amount payable ineach of the applicable currencies shall be specified. For thispurpose, reference shall be made to the actual or expectedcurrency proportions of the Cost of the varied work, and to theproportions of various currencies specified for payment of theContract Price.13.5 Provisional Sums Each Provisional Sum shall only be used, in whole or in part, inaccordance with the Engineer’s instructions, and the ContractPrice shall be adjusted accordingly. The total sum paid to theContractor shall include only such amounts, for the work,supplies or services to which the Provisional Sum relates, as theEngineer shall have instructed. For each Provisional Sum, the298 Copyright FIDIC Section VIII. General Conditions


Engineer may instruct:(a)work to be executed (including Plant, Materials or servicesto be supplied) by the Contractor and valued under Sub-Clause 13.3 [Variation Procedure]; and/or(b) Plant, Materials or services to be purchased by theContractor, from a nominated Subcontractor (as defined inClause 5 [Nominated Subcontractors]) or otherwise; andfor which there shall be included in the Contract Price:(i)the actual amounts paid (or due to be paid) by theContractor, and(ii) a sum for overhead charges and profit, calculated as apercentage of these actual amounts by applying therelevant percentage rate (if any) stated in theappropriate Schedule. If there is no such rate, thepercentage rate stated in the Contract Data shall beapplied.The Contractor shall, when required by the Engineer, producequotations, invoices, vouchers and accounts or receipts insubstantiation.13.6 Daywork For work of a minor or incidental nature, the Engineer mayinstruct that a Variation shall be executed on a daywork basis.The work shall then be valued in accordance with the DayworkSchedule included in the Contract, and the following procedureshall apply. If a Daywork Schedule is not included in theContract, this Sub-Clause shall not apply.Before ordering Goods for the work, the Contractor shall submitquotations to the Engineer. When applying for payment, theContractor shall submit invoices, vouchers and accounts orreceipts for any Goods.Except for any items for which the Daywork Schedule specifiesthat payment is not due, the Contractor shall deliver each day tothe Engineer accurate statements in duplicate which shallinclude the following details of the resources used in executingthe previous day’s work:(a)the names, occupations and time of Contractor’sPersonnel,(b) the identification, type and time of Contractor’s Equipmentand Temporary Works, and299 Copyright FIDIC Section VIII. General Conditions


13.7 Adjustments forChanges inLegislation(c)the quantities and types of Plant and Materials used.One copy of each statement will, if correct, or when agreed, besigned by the Engineer and returned to the Contractor. TheContractor shall then submit priced statements of theseresources to the Engineer, prior to their inclusion in the nextStatement under Sub-Clause 14.3 [Application for InterimPayment Certificates].The Contract Price shall be adjusted to take account of anyincrease or decrease in Cost resulting from a change in the Lawsof the Country (including the introduction of new Laws and therepeal or modification of existing Laws) or in the judicial orofficial governmental interpretation of such Laws, made afterthe Base Date, which affect the Contractor in the performance ofobligations under the Contract.If the Contractor suffers (or will suffer) delay and/or incurs (orwill incur) additional Cost as a result of these changes in theLaws or in such interpretations, made after the Base Date, theContractor shall give notice to the Engineer and shall be entitledsubject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)an extension of time for any such delay, if completion is orwill be delayed, under Sub-Clause 8.4 [Extension of Timefor Completion], and(b) payment of any such Cost, which shall be included in theContract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.Notwithstanding the foregoing, the Contractor shall not beentitled to an extension of time if the relevant delay has alreadybeen taken into account in the determination of a previousextension of time and such Cost shall not be separately paid ifthe same shall already have been taken into account in theindexing of any inputs to the table of adjustment data inaccordance with the provisions of Sub-Clause 13.8 [Adjustmentsfor Changes in Cost].13.8 Adjustments forChanges in CostIn this Sub-Clause, “table of adjustment data” means thecompleted table of adjustment data for local and foreigncurrencies included in the Schedules. If there is no such table ofadjustment data, this Sub-Clause shall not apply.If this Sub-Clause applies, the amounts payable to the300 Copyright FIDIC Section VIII. General Conditions


Contractor shall be adjusted for rises or falls in the cost oflabour, Goods and other inputs to the Works, by the addition ordeduction of the amounts determined by the formulae prescribedin this Sub-Clause. To the extent that full compensation for anyrise or fall in Costs is not covered by the provisions of this orother Clauses, the Accepted Contract Amount shall be deemedto have included amounts to cover the contingency of other risesand falls in costs.The adjustment to be applied to the amount otherwise payable tothe Contractor, as valued in accordance with the appropriateSchedule and certified in Payment Certificates, shall bedetermined from formulae for each of the currencies in whichthe Contract Price is payable. No adjustment is to be applied towork valued on the basis of Cost or current prices. The formulaeshall be of the following general type:Pn = a + b Ln/ Lo + c En/Eo + d Mn/Mo + ...... where:“Pn” is the adjustment multiplier to be applied to the estimatedcontract value in the relevant currency of the work carried out inperiod “n”, this period being a month unless otherwise stated inthe Contract Data ;“a” is a fixed coefficient, stated in the relevant table ofadjustment data, representing the non-adjustable portion incontractual payments;“b”, “c”, “d”, … are coefficients representing the estimatedproportion of each cost element related to the execution of theWorks, as stated in the relevant table of adjustment data; suchtabulated cost elements may be indicative of resources such aslabour, equipment and materials;“Ln”, “En”, “Mn”, … are the current cost indices or referenceprices for period “n”, expressed in the relevant currency ofpayment, each of which is applicable to the relevant tabulatedcost element on the date 49 days prior to the last day of theperiod (to which the particular Payment Certificate relates); and“Lo”, “Eo”, “Mo”, … are the base cost indices or referenceprices, expressed in the relevant currency of payment, each ofwhich is applicable to the relevant tabulated cost element on theBase Date.The cost indices or reference prices stated in the table ofadjustment data shall be used. If their source is in doubt, it shallbe determined by the Engineer. For this purpose, reference shallbe made to the values of the indices at stated dates (quoted in301 Copyright FIDIC Section VIII. General Conditions


the fourth and fifth columns respectively of the table) for thepurposes of clarification of the source; although these dates (andthus these values) may not correspond to the base cost indices.In cases where the “currency of index” is not the relevantcurrency of payment, each index shall be converted into therelevant currency of payment at the selling rate, established bythe central bank of the Country, of this relevant currency on theabove date for which the index is required to be applicable.Until such time as each current cost index is available, theEngineer shall determine a provisional index for the issue ofInterim Payment Certificates. When a current cost index isavailable, the adjustment shall be recalculated accordingly.If the Contractor fails to complete the Works within the Timefor Completion, adjustment of prices thereafter shall be madeusing either (i) each index or price applicable on the date 49days prior to the expiry of the Time for Completion of theWorks, or (ii) the current index or price, whichever is morefavourable to the Employer.The weightings (coefficients) for each of the factors of coststated in the table(s) of adjustment data shall only be adjusted ifthey have been rendered unreasonable, unbalanced orinapplicable, as a result of Variations.14. Contract Price and Payment14.1 The ContractPriceUnless otherwise stated in the Particular Conditions:(a)the Contract Price shall be agreed or determined underSub-Clause 12.3 [Evaluation] and be subject toadjustments in accordance with the Contract;(b) the Contractor shall pay all taxes, duties and fees requiredto be paid by him under the Contract, and the ContractPrice shall not be adjusted for any of these costs except asstated in Sub-Clause 13.7 [Adjustments for Changes inLegislation];(c)any quantities which may be set out in the Bill ofQuantities or other Schedule are estimated quantities andare not to be taken as the actual and correct quantities:(i)of the Works which the Contractor is required toexecute, or302 Copyright FIDIC Section VIII. General Conditions


(ii) for the purposes of Clause 12 [Measurement andEvaluation]; and(d)the Contractor shall submit to the Engineer, within 28 daysafter the Commencement Date, a proposed breakdown ofeach lump sum price in the Schedules. The Engineer maytake account of the breakdown when preparing PaymentCertificates, but shall not be bound by it.Notwithstanding the provisions of subparagraph (b),Contractor's Equipment, including essential spare parts therefor,imported by the Contractor for the sole purpose of executing theContract shall be exempt from the payment of import duties andtaxes upon importation.14.2 Advance Payment The Employer shall make an advance payment, as an interestfreeloan for mobilisation and cash flow support, when theContractor submits a guarantee in accordance with this Sub-Clause. The total advance payment, the number and timing ofinstalments (if more than one), and the applicable currencies andproportions, shall be as stated in the Contract Data.Unless and until the Employer receives this guarantee, or if thetotal advance payment is not stated in the Contract Data, thisSub-Clause shall not apply.The Engineer shall deliver to the Employer and to the Contractoran Interim Payment Certificate for the advance payment or itsfirst instalment after receiving a Statement (under Sub-Clause14.3 [Application for Interim Payment Certificates]) and afterthe Employer receives (i) the Performance Security inaccordance with Sub-Clause 4.2 [Performance Security] and (ii)a guarantee in amounts and currencies equal to the advancepayment. This guarantee shall be issued by a reputable bank orfinancial institution selected by the Contractor and shall be inthe form annexed to the Particular Conditions or in another formapproved by the Employer.The Contractor shall ensure that the guarantee is valid andenforceable until the advance payment has been repaid, but itsamount shall be progressively reduced by the amount repaid bythe Contractor as indicated in the Payment Certificates. If theterms of the guarantee specify its expiry date, and the advancepayment has not been repaid by the date 28 days prior to theexpiry date, the Contractor shall extend the validity of theguarantee until the advance payment has been repaid.Unless stated otherwise in the Contract Data, the advance303 Copyright FIDIC Section VIII. General Conditions


payment shall be repaid through percentage deductions from theinterim payments determined by the Engineer in accordancewith Sub-Clause 14.6 [Issue of Interim Payment Certificates], asfollows:(a)(b)deductions shall commence in the next interim PaymentCertificate following that in which the total of all certifiedinterim payments (excluding the advance payment anddeductions and repayments of retention) exceeds 30percent (30%)of the Accepted Contract Amount lessProvisional Sums; anddeductions shall be made at the amortisation rate stated in theContract Data of the amount of each Interim PaymentCertificate (excluding the advance payment and deductionsfor its repayments as well as deductions for retention money)in the currencies and proportions of the advance paymentuntil such time as the advance payment has been repaid;provided that the advance payment shall be completelyrepaid prior to the time when 90 percent (90%) of theAccepted Contract Amount less Provisional Sums has beencertified for payment.If the advance payment has not been repaid prior to the issue ofthe Taking-Over Certificate for the Works or prior totermination under Clause 15 [Termination by Employer], Clause16 [Suspension and Termination by Contractor] or Clause 19[Force Majeure] (as the case may be), the whole of the balancethen outstanding shall immediately become due and in case oftermination under Clause 15 [Termination by Employer], exceptfor Sub-Clause 15.5 [Employer’s Entitlement to Termination forConvenience], payable by the Contractor to the Employer.14.3 Application forInterim PaymentCertificatesThe Contractor shall submit a Statement in six copies to theEngineer after the end of each month, in a form approved by theEngineer, showing in detail the amounts to which the Contractorconsiders himself to be entitled, together with supportingdocuments which shall include the report on the progress duringthis month in accordance with Sub-Clause 4.21 [ProgressReports].The Statement shall include the following items, as applicable,which shall be expressed in the various currencies in which theContract Price is payable, in the sequence listed:(a)the estimated contract value of the Works executed and theContractor’s Documents produced up to the end of themonth (including Variations but excluding items described304 Copyright FIDIC Section VIII. General Conditions


in sub-paragraphs (b) to (g) below);(b) any amounts to be added and deducted for changes inlegislation and changes in cost, in accordance with Sub-Clause 13.7 [Adjustments for Changes in Legislation] andSub-Clause 13.8 [Adjustments for Changes in Cost];(c)any amount to be deducted for retention, calculated byapplying the percentage of retention stated in the ContractData to the total of the above amounts, until the amount soretained by the Employer reaches the limit of RetentionMoney (if any) stated in the Contract Data;(d) any amounts to be added for the advance payment and (ifmore than one instalment) and to be deducted foritsrepayments in accordance with Sub-Clause 14.2[Advance Payment];14.4 Schedule ofPayments(e)(f)any amounts to be added and deducted for Plant andMaterials in accordance with Sub-Clause 14.5 [Plant andMaterials intended for the Works];any other additions or deductions which may have becomedue under the Contract or otherwise, including those underClause 20 [Claims, Disputes and Arbitration]; and(g) the deduction of amounts certified in all previous PaymentCertificates.If the Contract includes a schedule of payments specifying theinstalments in which the Contract Price will be paid, then unlessotherwise stated in this schedule:(a)the instalments quoted in this schedule of payments shallbe the estimated contract values for the purposes of subparagraph(a) of Sub-Clause 14.3 [Application for InterimPayment Certificates];;(b) Sub-Clause 14.5 [Plant and Materials intended for theWorks] shall not apply; and(c)if these instalments are not defined by reference to theactual progress achieved in executing the Works, and ifactual progress is found to be less or more than that onwhich this schedule of payments was based, then theEngineer may proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine revisedinstalments, which shall take account of the extent towhich progress is less or more than that on which the305 Copyright FIDIC Section VIII. General Conditions


instalments were previously based.If the Contract does not include a schedule of payments, theContractor shall submit non-binding estimates of the paymentswhich he expects to become due during each quarterly period.The first estimate shall be submitted within 42 days after theCommencement Date. Revised estimates shall be submitted atquarterly intervals, until the Taking-Over Certificate has beenissued for the Works.14.5 Plant andMaterialsintended for theWorksIf this Sub-Clause applies, Interim Payment Certificates shallinclude, under sub-paragraph (e) of Sub-Clause 14.3, (i) anamount for Plant and Materials which have been sent to the Sitefor incorporation in the Permanent Works, and (ii) a reductionwhen the contract value of such Plant and Materials is includedas part of the Permanent Works under sub-paragraph (a) of Sub-Clause 14.3 [Application for Interim Payment Certificates].If the lists referred to in sub-paragraphs (b)(i) or (c)(i) below arenot included in the Schedules, this Sub-Clause shall not apply.The Engineer shall determine and certify each addition if thefollowing conditions are satisfied:(a)the Contractor has:(i)kept satisfactory records (including the orders,receipts, Costs and use of Plant and Materials) whichare available for inspection, andand either:(ii) submitted a statement of the Cost of acquiring anddelivering the Plant and Materials to the Site,supported by satisfactory evidence;(b)the relevant Plant and Materials:(i)are those listed in the Schedules for payment whenshipped,(ii) have been shipped to the Country, en route to theSite, in accordance with the Contract; and(iii) are described in a clean shipped bill of lading or otherevidence of shipment, which has been submitted tothe Engineer together with evidence of payment offreight and insurance, any other documentsreasonably required, and a bank guarantee in a formand issued by an entity approved by the Employer in306 Copyright FIDIC Section VIII. General Conditions


amounts and currencies equal to the amount dueunder this Sub-Clause: this guarantee may be in asimilar form to the form referred to in Sub-Clause14.2 [Advance Payment] and shall be valid until thePlant and Materials are properly stored on Site andprotected against loss, damage or deterioration;or(c)the relevant Plant and Materials:(i)are those listed in the Schedules for payment whendelivered to the Site, and(ii) have been delivered to and are properly stored on theSite, are protected against loss, damage or deterioration,and appear to be in accordance with the Contract.The additional amount to be certified shall be the equivalent ofeighty percent (80%) of the Engineer’s determination of the costof the Plant and Materials (including delivery to Site), takingaccount of the documents mentioned in this Sub-Clause and ofthe contract value of the Plant and Materials.The currencies for this additional amount shall be the same asthose in which payment will become due when the contractvalue is included under sub-paragraph (a) of Sub-Clause 14.3[Application for Interim Payment Certificates]. At that time, thePayment Certificate shall include the applicable reduction whichshall be equivalent to, and in the same currencies andproportions as, this additional amount for the relevant Plant andMaterials.14.6 Issue of InterimPaymentCertificatesNo amount will be certified or paid until the Employer hasreceived and approved the Performance Security. Thereafter, theEngineer shall, within 28 days after receiving a Statement andsupporting documents, deliver to the Employer and to theContractor an Interim Payment Certificate which shall state theamount which the Engineer fairly determines to be due, with allsupporting particulars for any reduction or withholding made bythe Engineer on the Statement if any.However, prior to issuing the Taking-Over Certificate for theWorks, the Engineer shall not be bound to issue an InterimPayment Certificate in an amount which would (after retentionand other deductions) be less than the minimum amount ofInterim Payment Certificates (if any) stated in the ContractData. In this event, the Engineer shall give notice to the307 Copyright FIDIC Section VIII. General Conditions


Contractor accordingly.An Interim Payment Certificate shall not be withheld for anyother reason, although:(a)if any thing supplied or work done by the Contractor is notin accordance with the Contract, the cost of rectification orreplacement may be withheld until rectification orreplacement has been completed; and/or(b) if the Contractor was or is failing to perform any work orobligation in accordance with the Contract, and had beenso notified by the Engineer, the value of this work orobligation may be withheld until the work or obligationhas been performed.The Engineer may in any Payment Certificate make anycorrection or modification that should properly be made to anyprevious Payment Certificate. A Payment Certificate shall notbe deemed to indicate the Engineer’s acceptance, approval,consent or satisfaction.14.7 Payment The Employer shall pay to the Contractor:(a)the first instalment of the advance payment within 42 daysafter issuing the Letter of Acceptance or within 21 daysafter receiving the documents in accordance with Sub-Clause 4.2 [Performance Security] and Sub-Clause 14.2[Advance Payment], whichever is later;(b) the amount certified in each Interim Payment Certificatewithin 56 days after the Engineer receives the Statementand supporting documents; or, at a time when the Bank’sloan or credit (from which part of the payments to theContractor is being made) is suspended, the amount shownon any statement submitted by the Contractor within 14days after such statement is submitted, any discrepancybeing rectified in the next payment to theContractorontractor; and(c)the amount certified in the Final Payment Certificatewithin 56 days after the Employer receives this PaymentCertificate; or, at a time when the Bank’s loan or credit(from which part of the payments to the Contractor isbeing made) is suspended, the undisputed amount shownin the Final Statement within 56 days after the date ofnotification of the suspension in accordance with Sub-Clause 16.2 [Termination by Contractor].308 Copyright FIDIC Section VIII. General Conditions


Payment of the amount due in each currency shall be made intothe bank account, nominated by the Contractor, in the paymentcountry (for this currency) specified in the Contract.14.8 Delayed Payment If the Contractor does not receive payment in accordance withSub-Clause 14.7 [Payment], the Contractor shall be entitled toreceive financing charges compounded monthly on the amountunpaid during the period of delay. This period shall be deemedto commence on the date for payment specified in Sub-Clause14.7 [Payment], irrespective (in the case of its sub-paragraph(b)) of the date on which any Interim Payment Certificate isissued.Unless otherwise stated in the Particular Conditions, thesefinancing charges shall be calculated at the annual rate of threepercentage points above the discount rate of the central bank inthe country of the currency of payment, or if not available, theinterbank offered rate, and shall be paid in such currency.The Contractor shall be entitled to this payment without formalnotice or certification, and without prejudice to any other rightor remedy.14.9 Payment ofRetention MoneyWhen the Taking-Over Certificate has been issued for theWorks, the first half of the Retention Money shall be certifiedby the Engineer for payment to the Contractor. If a Taking-OverCertificate is issued for a Section or part of the Works, aproportion of the Retention Money shall be certified and paid.This proportion shall be half (50%) of the proportion calculatedby dividing the estimated contract value of the Section or part,by the estimated final Contract Price.Promptly after the latest of the expiry dates of the DefectsNotification Periods, the outstanding balance of the RetentionMoney shall be certified by the Engineer for payment to theContractor. If a Taking-Over Certificate was issued for aSection, a proportion of the second half of the Retention Moneyshall be certified and paid promptly after the expiry date of theDefects Notification Period for the Section. This proportionshall be half (50%) of the proportion calculated by dividing theestimated contract value of the Section by the estimated finalContract Price.However, if any work remains to be executed under Clause 11[Defects Liability], the Engineer shall be entitled to withholdcertification of the estimated cost of this work until it has beenexecuted.309 Copyright FIDIC Section VIII. General Conditions


When calculating these proportions, no account shall be taken ofany adjustments under Sub-Clause 13.7 [Adjustments forChanges in Legislation] and Sub-Clause 13.8 [Adjustments forChanges in Cost].Unless otherwise stated in the Particular Conditions, when theTaking-Over Certificate has been issued for the Works and thefirst half of the Retention Money has been certified for paymentby the Engineer, the Contractor shall be entitled to substitute aguarantee, in the form annexed to the Particular Conditions or inanother form approved by the Employer and issued by areputable bank or financial institution selected by theContractor, for the second half of the Retention Money. TheContractor shall ensure that the guarantee is in the amounts andcurrencies of the second half of the Retention Money and isvalid and enforceable until the Contractor has executed andcompleted the Works and remedied any defects, as specified forthe Performance Security in Sub-Clause 4.2. On receipt by theEmployer of the required guarantee, the Engineer shall certifyand the Employer shall pay the second half of the RetentionMoney. The release of the second half of the Retention Moneyagainst a guarantee shall then be in lieu of the release under thesecond paragraph of this Sub-Clause. The Employer shall returnthe guarantee to the Contractor within 21 days after receiving acopy of the Performance Certificate.If the Performance Security required under Sub-Clause 4.2 is inthe form of a demand guarantee, and the amount guaranteedunder it when the Taking-Over Certificate is issued is more thanhalf of the Retention Money, then the Retention Moneyguarantee will not be required. If the amount guaranteed underthe Performance Security when the Taking-Over Certificate isissued is less than half of the Retention Money, the RetentionMoney guarantee will only be required for the differencebetween half of the Retention Money and the amountguaranteed under the Performance Security.14.10 Statement atCompletionWithin 84 days after receiving the Taking-Over Certificate forthe Works, the Contractor shall submit to the Engineer sixcopies of a Statement at completion with supporting documents,in accordance with Sub-Clause 14.3 [Application for InterimPayment Certificates], showing:(a)the value of all work done in accordance with the Contractup to the date stated in the Taking-Over Certificate for theWorks,310 Copyright FIDIC Section VIII. General Conditions


(b) any further sums which the Contractor considers to be due,and(c)an estimate of any other amounts which the Contractorconsiders will become due to him under the Contract.Estimated amounts shall be shown separately in thisStatement at completion.The Engineer shall then certify in accordance with Sub-Clause14.6 [Issue of Interim Payment Certificates].14.11 Application forFinal PaymentCertificateWithin 56 days after receiving the Performance Certificate, theContractor shall submit, to the Engineer, six copies of a draftfinal statement with supporting documents showing in detail in aform approved by the Engineer:(a)the value of all work done in accordance with the Contract,and(b) any further sums which the Contractor considers to be dueto him under the Contract or otherwise.If the Engineer disagrees with or cannot verify any part of thedraft final statement, the Contractor shall submit such furtherinformation as the Engineer may reasonably require within 28days from receipt of said draft and shall make such changes inthe draft as may be agreed between them. The Contractor shallthen prepare and submit to the Engineer the final statement asagreed. This agreed statement is referred to in these Conditionsas the “Final Statement”.However if, following discussions between the Engineer and theContractor and any changes to the draft final statement which areagreed, it becomes evident that a dispute exists, the Engineer shalldeliver to the Employer (with a copy to the Contractor) an InterimPayment Certificate for the agreed parts of the draft final statement.Thereafter, if the dispute is finally resolved under Sub-Clause 20.4[Obtaining Dispute Board’s Decision] or Sub-Clause 20.5[Amicable Settlement], the Contractor shall then prepare andsubmit to the Employer (with a copy to the Engineer) a FinalStatement.14.12 Discharge When submitting the Final Statement, the Contractor shallsubmit a discharge which confirms that the total of the FinalStatement represents full and final settlement of all moneys dueto the Contractor under or in connection with the Contract. Thisdischarge may state that it becomes effective when theContractor has received the Performance Security and theoutstanding balance of this total, in which event the discharge311 Copyright FIDIC Section VIII. General Conditions


shall be effective on such date.14.13 Issue of FinalPaymentCertificate14.14 Cessation ofEmployer’sLiability14.15 Currencies ofPaymentWithin 28 days after receiving the Final Statement anddischarge in accordance with Sub-Clause 14.11 [Application forFinal Payment Certificate] and Sub-Clause 14.12 [Discharge],the Engineer shall deliver, to the Employer and to theContractor, the Final Payment Certificate which shall state:(a)the amount which he fairly determines is finally due, and(b) after giving credit to the Employer for all amountspreviously paid by the Employer and for all sums to whichthe Employer is entitled, the balance (if any) due from theEmployer to the Contractor or from the Contractor to theEmployer, as the case may be.If the Contractor has not applied for a Final Payment Certificatein accordance with Sub-Clause 14.11 [Application for FinalPayment Certificate] and Sub-Clause 14.12 [Discharge], theEngineer shall request the Contractor to do so. If the Contractorfails to submit an application within a period of 28 days, theEngineer shall issue the Final Payment Certificate for suchamount as he fairly determines to be due.The Employer shall not be liable to the Contractor for anymatter or thing under or in connection with the Contract orexecution of the Works, except to the extent that the Contractorshall have included an amount expressly for it:(a)in the Final Statement and also(b) (except for matters or things arising after the issue of theTaking-Over Certificate for the Works) in the Statement atcompletion described in Sub-Clause 14.10 [Statement atCompletion].However, this Sub-Clause shall not limit the Employer’sliability under his indemnification obligations, or theEmployer’s liability in any case of fraud, deliberate default orreckless misconduct by the Employer.The Contract Price shall be paid in the currency or currenciesnamed in the Schedule of Payment Currencies. If more than onecurrency is so named, payments shall be made as follows:(a)if the Accepted Contract Amount was expressed in LocalCurrency only:(i)the proportions or amounts of the Local and ForeignCurrencies, and the fixed rates of exchange to be used312 Copyright FIDIC Section VIII. General Conditions


for calculating the payments, shall be as stated in theSchedule of Payment Currencies, except as otherwiseagreed by both Parties;(ii) payments and deductions under Sub-Clause 13.5[Provisional Sums] and Sub-Clause 13.7[Adjustments for Changes in Legislation] shall bemade in the applicable currencies and proportions;and(iii) other payments and deductions under sub-paragraphs(a) to (d) of Sub-Clause 14.3 [Application for InterimPayment Certificates] shall be made in the currenciesand proportions specified in sub-paragraph (a)(i)above;(b) payment of the damages specified in the Contract Data,shall be made in the currencies and proportions specifiedin the Schedule of Payment Currencies;(c)other payments to the Employer by the Contractor shall bemade in the currency in which the sum was expended bythe Employer, or in such currency as may be agreed byboth Parties;(d) if any amount payable by the Contractor to the Employerin a particular currency exceeds the sum payable by theEmployer to the Contractor in that currency, the Employermay recover the balance of this amount from the sumsotherwise payable to the Contractor in other currencies;and(e)if no rates of exchange are stated in the Schedule ofPayment Currencies, they shall be those prevailing on theBase Date and determined by the central bank of theCountry.15. Termination by Employer15.1 Notice to Correct If the Contractor fails to carry out any obligation under theContract, the Engineer may by notice require the Contractor tomake good the failure and to remedy it within a specifiedreasonable time.15.2 Termination byEmployerThe Employer shall be entitled to terminate the Contract if theContractor:(a)fails to comply with Sub-Clause 4.2 [Performance313 Copyright FIDIC Section VIII. General Conditions


Security] or with a notice under Sub-Clause 15.1 [Noticeto Correct],(b) abandons the Works or otherwise plainly demonstrates theintention not to continue performance of his obligationsunder the Contract,(c)without reasonable excuse fails:(i)to proceed with the Works in accordance with Clause8 [Commencement, Delays and Suspension], or(ii) to comply with a notice issued under Sub-Clause 7.5[Rejection] or Sub-Clause 7.6 [Remedial Work],within 28 days after receiving it,(d) subcontracts the whole of the Works or assigns theContract without the required agreement,(e)(f)becomes bankrupt or insolvent, goes into liquidation, has areceiving or administration order made against him,compounds with his creditors, or carries on business undera receiver, trustee or manager for the benefit of hiscreditors, or if any act is done or event occurs which(under applicable Laws) has a similar effect to any of theseacts or events, orgives or offers to give (directly or indirectly) to any personany bribe, gift, gratuity, commission or other thing ofvalue, as an inducement or reward:(i)for doing or forbearing to do any action in relation tothe Contract, or(ii) for showing or forbearing to show favour ordisfavour to any person in relation to the Contract,or if any of the Contractor’s Personnel, agents or Subcontractorsgives or offers to give (directly or indirectly) to any person anysuch inducement or reward as is described in this sub-paragraph(f). However, lawful inducements and rewards to Contractor’sPersonnel shall not entitle termination.In any of these events or circumstances, the Employer may,upon giving 14 days’ notice to the Contractor, terminate theContract and expel the Contractor from the Site. However, inthe case of sub-paragraph (e) or (f), the Employer may by noticeterminate the Contract immediately.The Employer’s election to terminate the Contract shall notprejudice any other rights of the Employer, under the Contract314 Copyright FIDIC Section VIII. General Conditions


or otherwise.The Contractor shall then leave the Site and deliver any requiredGoods, all Contractor’s Documents, and other design documentsmade by or for him, to the Engineer. However, the Contractorshall use his best efforts to comply immediately with anyreasonable instructions included in the notice (i) for theassignment of any subcontract, and (ii) for the protection of lifeor property or for the safety of the Works.After termination, the Employer may complete the Worksand/or arrange for any other entities to do so. The Employer andthese entities may then use any Goods, Contractor’s Documentsand other design documents made by or on behalf of theContractor.The Employer shall then give notice that the Contractor’sEquipment and Temporary Works will be released to theContractor at or near the Site. The Contractor shall promptlyarrange their removal, at the risk and cost of the Contractor.However, if by this time the Contractor has failed to make apayment due to the Employer, these items may be sold by theEmployer in order to recover this payment. Any balance of theproceeds shall then be paid to the Contractor.15.3 Valuation at Dateof Termination15.4 Payment afterTerminationAs soon as practicable after a notice of termination under Sub-Clause 15.2 [Termination by Employer] has taken effect, theEngineer shall proceed in accordance with Sub-Clause 3.5[Determinations] to agree or determine the value of the Works,Goods and Contractor’s Documents, and any other sums due tothe Contractor for work executed in accordance with theContract.After a notice of termination under Sub-Clause 15.2 [Terminationby Employer] has taken effect, the Employer may:(a)proceed in accordance with Sub-Clause 2.5 [Employer’sClaims],(b) withhold further payments to the Contractor until the costsof execution, completion and remedying of any defects,damages for delay in completion (if any), and all othercosts incurred by the Employer, have been established,and/or(c)recover from the Contractor any losses and damagesincurred by the Employer and any extra costs ofcompleting the Works, after allowing for any sum due tothe Contractor under Sub-Clause 15.3 [Valuation at Date315 Copyright FIDIC Section VIII. General Conditions


of Termination]. After recovering any such losses,damages and extra costs, the Employer shall pay anybalance to the Contractor.15.5 Employer’sEntitlement toTermination forConvenienceThe Employer shall be entitled to terminate the Contract, at anytime for the Employer’s convenience, by giving notice of suchtermination to the Contractor. The termination shall take effect28 days after the later of the dates on which the Contractorreceives this notice or the Employer returns the PerformanceSecurity. The Employer shall not terminate the Contract underthis Sub-Clause in order to execute the Works himself or toarrange for the Works to be executed by another contractor or toavoid a termination of the Contract by the Contractor underClause 16.2 [Termination by Contractor].After this termination, the Contractor shall proceed inaccordance with Sub-Clause 16.3 [Cessation of Work andRemoval of Contractor’s Equipment] and shall be paid inaccordance with Sub-Clause 16.4 [Payment on Termination].15.6 Corrupt orFraudulentPracticesIf the Employer determines, based on reasonable evidence, thatthe Contractor has engaged in corrupt, fraudulent, collusive orcoercive practices, in competing for or in executing theContract, then the Employer may, after giving 14 days notice tothe Contractor, terminate the Contract and expel him from theSite, and the provisions of Clause 15 shall apply as if suchtermination had been made under Sub-Clause 15.2 [Terminationby Employer].Should any employee of the Contractor be determined, based onreasonable evidence, to have engaged in corrupt, fraudulent orcoercive practice during the execution of the work then thatemployee shall be removed in accordance with Sub-Clause 6.9[Contractor’s Personnel].For the purposes of this Sub-Clause:(i)(ii)“corrupt practice” is the offering, giving,receiving or soliciting, directly or indirectly, ofanything of value to influence improperly theactions of another party; 21“fraudulent practice” is any act or omission,including a misrepresentation, that knowingly orrecklessly misleads, or attempts to mislead, a21“Another party” refers to a public official acting in relation to the procurement process or contractexecution]. In this context, “public official” includes World Bank staff and employees of otherorganizations taking or reviewing procurement decisions.316 Copyright FIDIC Section VIII. General Conditions


party to obtain a financial or other benefit or toavoid an obligation; 22(iii) “collusive practice” is an arrangement betweentwo or more parties designed to achieve animproper purpose, including to influenceimproperly the actions of another party; 23(iv) “coercive practice” is impairing or harming, orthreatening to impair or harm, directly orindirectly, any party or the property of the partyto influence improperly the actions of a party; 24(v) “obstructive practice”is(aa)deliberately destroying, falsifying, alteringor concealing of evidence material to theinvestigation or making false statements toinvestigators in order to materially impedea Bank investigation into allegations of acorrupt, fraudulent, coercive or collusivepractice; and/or threatening, harassing orintimidating any party to prevent it fromdisclosing its knowledge of mattersrelevant to the investigation or frompursuing the investigation, or(bb) acts intended to materially impede theexercise of the Bank’s inspection and auditrights provided for under Sub-Clause 1.15[Inspections and Audits by the Bank].16. Suspension and Termination by Contractor16.1 Contractor’sEntitlement toSuspend WorkIf the Engineer fails to certify in accordance with Sub-Clause 14.6[Issue of Interim Payment Certificates] or the Employer fails tocomply with Sub-Clause 2.4 [Employer’s Financial Arrangements]or Sub-Clause 14.7 [Payment], the Contractor may, after giving notless than 21 days’ notice to the Employer, suspend work (or reducethe rate of work) unless and until the Contractor has received thePayment Certificate, reasonable evidence or payment, as the case222324“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement processor contract execution; and the “act or omission” is intended to influence the procurement process orcontract execution.“Parties” refers to participants in the procurement process (including public officials) attempting toestablish bid prices at artificial, non competitive levels.“Party” refers to a participant in the procurement process or contract execution.317 Copyright FIDIC Section VIII. General Conditions


may be and as described in the notice.Notwithstanding the above, if the Bank has suspendeddisbursements under the loan or credit from which payments tothe Contractor are being made, in whole or in part, for theexecution of the Works, and no alternative funds are available asprovided for in Sub-Clause 2.4 [Employer’s FinancialArrangements], the Contractor may by notice suspend work orreduce the rate of work at any time, but not less than 7 days afterthe Borrower having received the suspension notification fromthe Bank.The Contractor’s action shall not prejudice his entitlements tofinancing charges under Sub-Clause 14.8 [Delayed Payment]and to termination under Sub-Clause 16.2 [Termination byContractor].If the Contractor subsequently receives such PaymentCertificate, evidence or payment (as described in the relevantSub-Clause and in the above notice) before giving a notice oftermination, the Contractor shall resume normal working assoon as is reasonably practicable.If the Contractor suffers delay and/or incurs Cost as a result ofsuspending work (or reducing the rate of work) in accordancewith this Sub-Clause, the Contractor shall give notice to theEngineer and shall be entitled subject to Sub-Clause 20.1[Contractor’s Claims] to:(a)(b)an extension of time for any such delay, if completion isor will be delayed, under Sub-Clause 8.4 [Extension ofTime for Completion], andpayment of any such Cost plus profit, which shall beincluded in the Contract Price.After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.16.2 Termination byContractorThe Contractor shall be entitled to terminate the Contract if:(a)the Contractor does not receive the reasonable evidencewithin 42 days after giving notice under Sub-Clause 16.1[Contractor’s Entitlement to Suspend Work] in respect ofa failure to comply with Sub-Clause 2.4 [Employer’sFinancial Arrangements],318 Copyright FIDIC Section VIII. General Conditions


(b)the Engineer fails, within 56 days after receiving aStatement and supporting documents, to issue the relevantPayment Certificate,(c)(d)the Contractor does not receive the amount due under anInterim Payment Certificate within 42 days after theexpiry of the time stated in Sub-Clause 14.7 [Payment]within which payment is to be made (except fordeductions in accordance with Sub-Clause 2.5[Employer’s Claims]),the Employer substantially fails to perform his obligationsunder the Contract in such manner as to materially andadversely affect the economic balance of the Contractand/or the ability of the Contractor to perform theContract,(e) the Employer fails to comply with Sub-Clause 1.6[Contract Agreement] or Sub-Clause 1.7 [Assignment],(f)a prolonged suspension affects the whole of the Works asdescribed in Sub-Clause 8.11 [Prolonged Suspension], or(g)(h)the Employer becomes bankrupt or insolvent, goes intoliquidation, has a receiving or administration order madeagainst him, compounds with his creditors, or carries onbusiness under a receiver, trustee or manager for thebenefit of his creditors, or if any act is done or eventoccurs which (under applicable Laws) has a similar effectto any of these acts or events.the Contractor does not receive the Engineer’s instructionrecording the agreement of both Parties on the fulfilmentof the conditions for the Commencement of Works underSub-Clause 8.1 [Commencement of Works.In any of these events or circumstances, the Contractor may,upon giving 14 days’ notice to the Employer, terminate theContract. However, in the case of sub-paragraph (f) or (g), theContractor may by notice terminate the Contract immediately.In the event the Bank suspends the loan or credit from whichpart or whole of the payments to the Contractor are being made,if the Contractor has not received the sums due to him uponexpiration of the 14 days referred to in Sub-Clause 14.7[Payment] for payments under Interim Payment Certificates, theContractor may, without prejudice to the Contractor'sentitlement to financing charges under Sub-Clause 14.8[Delayed Payment], take one of the following actions, namely319 Copyright FIDIC Section VIII. General Conditions


(i) suspend work or reduce the rate of work under Sub-Clause16.1 above, or (ii) terminate the Contract by giving notice to theEmployer, with a copy to the Engineer, such termination to takeeffect 14 days after the giving of the notice.The Contractor’s election to terminate the Contract shall notprejudice any other rights of the Contractor, under the Contractor otherwise.16.3 Cessation ofWork andRemoval ofContractor’sEquipmentAfter a notice of termination under Sub-Clause 15.5[Employer’s Entitlement to Termination for Convenience], Sub-Clause 16.2 [Termination by Contractor] or Sub-Clause 19.6[Optional Termination, Payment and Release] has taken effect,the Contractor shall promptly:(a)(b)(c)cease all further work, except for such work as may havebeen instructed by the Engineer for the protection of lifeor property or for the safety of the Works,hand over Contractor’s Documents, Plant, Materials andother work, for which the Contractor has receivedpayment, andremove all other Goods from the Site, except as necessaryfor safety, and leave the Site.16.4 Payment onTerminationAfter a notice of termination under Sub-Clause 16.2[Termination by Contractor] has taken effect, the Employershall promptly:(a)return the Performance Security to the Contractor,(b) pay the Contractor in accordance with Sub-Clause 19.6[Optional Termination, Payment and Release], and(c)pay to the Contractor the amount of any loss or damagesustained by the Contractor as a result of this termination.17. Risk and Responsibility17.1 Indemnities The Contractor shall indemnify and hold harmless theEmployer, the Employer’s Personnel, and their respectiveagents, against and from all claims, damages, losses andexpenses (including legal fees and expenses) in respect of:(a)bodily injury, sickness, disease or death, of any personwhatsoever arising out of or in the course of or by reasonof the Contractor’s design (if any), the execution andcompletion of the Works and the remedying of any320 Copyright FIDIC Section VIII. General Conditions


defects, unless attributable to any negligence, wilful act orbreach of the Contract by the Employer, the Employer’sPersonnel, or any of their respective agents, and(b)damage to or loss of any property, real or personal (otherthan the Works), to the extent that such damage or lossarises out of or in the course of or by reason of theContractor’s design (if any), the execution and completionof the Works and the remedying of any defects, unless andto the extent that any such damage or loss is attributable toany negligence, wilful act or breach of the Contract by theEmployer, the Employer’s Personnel, their respectiveagents, or anyone directly or indirectly employed by anyof them.The Employer shall indemnify and hold harmless theContractor, the Contractor’s Personnel, and their respectiveagents, against and from all claims, damages, losses andexpenses (including legal fees and expenses) in respect of (1)bodily injury, sickness, disease or death, which is attributable toany negligence, wilful act or breach of the Contract by theEmployer, the Employer’s Personnel, or any of their respectiveagents, and (2) the matters for which liability may be excludedfrom insurance cover, as described in sub-paragraphs (d)(i), (ii)and (iii) of Sub-Clause 18.3 [Insurance Against Injury toPersons and Damage to Property].17.2 Contractor’sCare of theWorksThe Contractor shall take full responsibility for the care of theWorks and Goods from the Commencement Date until theTaking-Over Certificate is issued (or is deemed to be issuedunder Sub-Clause 10.1 [Taking Over of the Works andSections]) for the Works, when responsibility for the care of theWorks shall pass to the Employer. If a Taking-Over Certificateis issued (or is so deemed to be issued) for any Section or part ofthe Works, responsibility for the care of the Section or part shallthen pass to the Employer.After responsibility has accordingly passed to the Employer, theContractor shall take responsibility for the care of any workwhich is outstanding on the date stated in a Taking-OverCertificate, until this outstanding work has been completed.If any loss or damage happens to the Works, Goods or Contractor’sDocuments during the period when the Contractor is responsiblefor their care, from any cause not listed in Sub-Clause 17.3[Employer’s Risks], the Contractor shall rectify the loss or damageat the Contractor’s risk and cost, so that the Works, Goods and321 Copyright FIDIC Section VIII. General Conditions


Contractor’s Documents conform with the Contract.The Contractor shall be liable for any loss or damage caused byany actions performed by the Contractor after a Taking-OverCertificate has been issued. The Contractor shall also be liablefor any loss or damage which occurs after a Taking-OverCertificate has been issued and which arose from a previousevent for which the Contractor was liable.17.3 Employer’s Risks The risks referred to in Sub-Clause 17.4 [Consequences ofEmployer’s Risks] below, insofar as they directly affect theexecution of the Works in the Country, are:17.4 Consequences ofEmployer’s Risks(a)(b)(c)(d)(e)(f)(g)(h)war, hostilities (whether war be declared or not), invasion,act of foreign enemies,rebellion, terrorism, sabotage by persons other than theContractor’s Personnel, revolution, insurrection, militaryor usurped power, or civil war, within the Country,riot, commotion or disorder within the Country by personsother than the Contractor’s Personnel,munitions of war, explosive materials, ionising radiationor contamination by radio-activity, within the Country,except as may be attributable to the Contractor’s use ofsuch munitions, explosives, radiation or radio-activity,pressure waves caused by aircraft or other aerial devicestravelling at sonic or supersonic speeds,use or occupation by the Employer of any part of thePermanent Works, except as may be specified in theContract,design of any part of the Works by the Employer’sPersonnel or by others for whom the Employer isresponsible, andany operation of the forces of nature which isUnforeseeable or against which an experienced contractorcould not reasonably have been expected to have takenadequate preventive precautions.If and to the extent that any of the risks listed in Sub-Clause17.3 above results in loss or damage to the Works, Goods orContractor’s Documents, the Contractor shall promptly givenotice to the Engineer and shall rectify this loss or damage tothe extent required by the Engineer.If the Contractor suffers delay and/or incurs Cost from322 Copyright FIDIC Section VIII. General Conditions


ectifying this loss or damage, the Contractor shall give a furthernotice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)(b)an extension of time for any such delay, if completion isor will be delayed, under Sub-Clause 8.4 [Extension ofTime for Completion], andpayment of any such Cost, which shall be included in theContract Price. In the case of sub-paragraphs (f) and (g) ofSub-Clause 17.3 [Employer's Risks], Cost plus profit shallbe payable.After receiving this further notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.17.5 Intellectual andIndustrialProperty RightsIn this Sub-Clause, “infringement” means an infringement (oralleged infringement) of any patent, registered design,copyright, trade mark, trade name, trade secret or otherintellectual or industrial property right relating to the Works;and “claim” means a claim (or proceedings pursuing a claim)alleging an infringement.Whenever a Party does not give notice to the other Party of anyclaim within 28 days of receiving the claim, the first Party shallbe deemed to have waived any right to indemnity under thisSub-Clause.The Employer shall indemnify and hold the Contractor harmlessagainst and from any claim alleging an infringement which is orwas:(a)(b)an unavoidable result of the Contractor’s compliance withthe Contract, ora result of any Works being used by the Employer:(i)for a purpose other than that indicated by, orreasonably to be inferred from, the Contract, or(ii) in conjunction with any thing not supplied by theContractor, unless such use was disclosed to theContractor prior to the Base Date or is stated in theContract.The Contractor shall indemnify and hold the Employer harmlessagainst and from any other claim which arises out of or in323 Copyright FIDIC Section VIII. General Conditions


17.6 Limitation ofLiability17.7 Use ofEmployer’sAccomodation/Facilitiesrelation to (i) the manufacture, use, sale or import of any Goods,or (ii) any design for which the Contractor is responsible.If a Party is entitled to be indemnified under this Sub-Clause, theindemnifying Party may (at its cost) conduct negotiations for thesettlement of the claim, and any litigation or arbitration which mayarise from it. The other Party shall, at the request and cost of theindemnifying Party, assist in contesting the claim. This other Party(and its Personnel) shall not make any admission which might beprejudicial to the indemnifying Party, unless the indemnifyingParty failed to take over the conduct of any negotiations, litigationor arbitration upon being requested to do so by such other Party.Neither Party shall be liable to the other Party for loss of use ofany Works, loss of profit, loss of any contract or for any indirector consequential loss or damage which may be suffered by theother Party in connection with the Contract, other than asspecifically provided in Sub-Clause 8.7 [Delay Damages]; Sub-Clause 11.2 [Cost of Remedying Defects]; Sub-Clause 15.4[Payment after Termination]; Sub-Clause 16.4 [Payment onTermination]; Sub-Clause 17.1 [Indemnities]; Sub-Clause17.4(b) [Consequences of Employer’s Risks] and Sub-Clause17.5 [Intellectual and Industrial Property Rights].The total liability of the Contractor to the Employer, under or inconnection with the Contract other than under Sub-Clause 4.19[Electricity, Water and Gas], Sub-Clause 4.20 [Employer’sEquipment and Free-Issue Materials], Sub-Clause 17.1[Indemnities] and Sub-Clause 17.5 [Intellectual and IndustrialProperty Rights], shall not exceed the sum resulting from theapplication of a multiplier (less or greater than one) to theAccepted Contract Amount, as stated in the Contract Data, or (ifsuch multiplier or other sum is not so stated) the AcceptedContract Amount.This Sub-Clause shall not limit liability in any case of fraud,deliberate default or reckless misconduct by the defaultingParty.The Contractor shall take full responsibility for the care of theEmployer provided accommodation and facilities, if any, asdetailed in the Specification, from the respective dates of handoverto the Contractor until cessation of occupation (wherehand-over or cessation of occupation may take place after thedate stated in the Taking-Over Certificate for the Works).If any loss or damage happens to any of the above items whilethe Contractor is responsible for their care arising from anycause whatsoever other than those for which the Employer is324 Copyright FIDIC Section VIII. General Conditions


liable, the Contractor shall, at his own cost, rectify the loss ordamage to the satisfaction of the Engineer.18. Insurance18.1 GeneralRequirements forInsurancesIn this Clause, “insuring Party” means, for each type of insurance,the Party responsible for effecting and maintaining the insurancespecified in the relevant Sub-Clause.Wherever the Contractor is the insuring Party, each insuranceshall be effected with insurers and in terms approved by theEmployer. These terms shall be consistent with any termsagreed by both Parties before the date of the Letter ofAcceptance. This agreement of terms shall take precedence overthe provisions of this Clause.Wherever the Employer is the insuring Party, each insuranceshall be effected with insurers and in terms acceptable to theContractor. These terms shall be consistent with any termsagreed by both Parties before the date of the Letter ofAcceptance. This agreement of terms shall take precedence overthe provisions of this Clause.If a policy is required to indemnify joint insured, the cover shallapply separately to each insured as though a separate policy hadbeen issued for each of the joint insured. If a policy indemnifiesadditional joint insured, namely in addition to the insuredspecified in this Clause, (i) the Contractor shall act under thepolicy on behalf of these additional joint insured except that theEmployer shall act for Employer’s Personnel, (ii) additionaljoint insured shall not be entitled to receive payments directlyfrom the insurer or to have any other direct dealings with theinsurer, and (iii) the insuring Party shall require all additionaljoint insured to comply with the conditions stipulated in thepolicy.Each policy insuring against loss or damage shall provide forpayments to be made in the currencies required to rectify theloss or damage. Payments received from insurers shall be usedfor the rectification of the loss or damage.The relevant insuring Party shall, within the respective periodsstated in the Contract Data (calculated from the CommencementDate), submit to the other Party:(a)evidence that the insurances described in this Clause havebeen effected, and325 Copyright FIDIC Section VIII. General Conditions


(b)copies of the policies for the insurances described in Sub-Clause 18.2 [Insurance for Works and Contractor’sEquipment] and Sub-Clause 18.3 [Insurance against Injuryto Persons and Damage to Property].When each premium is paid, the insuring Party shall submitevidence of payment to the other Party. Whenever evidence orpolicies are submitted, the insuring Party shall also give noticeto the Engineer.Each Party shall comply with the conditions stipulated in eachof the insurance policies. The insuring Party shall keep theinsurers informed of any relevant changes to the execution ofthe Works and ensure that insurance is maintained in accordancewith this Clause.Neither Party shall make any material alteration to the terms ofany insurance without the prior approval of the other Party. If aninsurer makes (or attempts to make) any alteration, the Partyfirst notified by the insurer shall promptly give notice to theother Party.If the insuring Party fails to effect and keep in force any of theinsurances it is required to effect and maintain under theContract, or fails to provide satisfactory evidence and copies ofpolicies in accordance with this Sub-Clause, the other Party may(at its option and without prejudice to any other right or remedy)effect insurance for the relevant coverage and pay the premiumsdue. The insuring Party shall pay the amount of these premiumsto the other Party, and the Contract Price shall be adjustedaccordingly.Nothing in this Clause limits the obligations, liabilities orresponsibilities of the Contractor or the Employer, under theother terms of the Contract or otherwise. Any amounts notinsured or not recovered from the insurers shall be borne by theContractor and/or the Employer in accordance with theseobligations, liabilities or responsibilities. However, if theinsuring Party fails to effect and keep in force an insurancewhich is available and which it is required to effect and maintainunder the Contract, and the other Party neither approves theomission nor effects insurance for the coverage relevant to thisdefault, any moneys which should have been recoverable underthis insurance shall be paid by the insuring Party.Payments by one Party to the other Party shall be subject toSub-Clause 2.5 [Employer’s Claims] or Sub-Clause 20.1326 Copyright FIDIC Section VIII. General Conditions


[Contractor’s Claims], as applicable.The Contractor shall be entitled to place all insurance relating tothe Contract (including, but not limited to the insurance referredto Clause 18) with insurers from any eligible source country.18.2 Insurance forWorks andContractor’sEquipmentThe insuring Party shall insure the Works, Plant, Materials andContractor’s Documents for not less than the full reinstatementcost including the costs of demolition, removal of debris andprofessional fees and profit. This insurance shall be effectivefrom the date by which the evidence is to be submitted undersub-paragraph (a) of Sub-Clause 18.1 [General Requirementsfor Insurances], until the date of issue of the Taking-OverCertificate for the Works.The insuring Party shall maintain this insurance to provide coveruntil the date of issue of the Performance Certificate, for loss ordamage for which the Contractor is liable arising from a causeoccurring prior to the issue of the Taking-Over Certificate, andfor loss or damage caused by the Contractor in the course of anyother operations (including those under Clause 11 [DefectsLiability]).The insuring Party shall insure the Contractor’s Equipment fornot less than the full replacement value, including delivery toSite. For each item of Contractor’s Equipment, the insuranceshall be effective while it is being transported to the Site anduntil it is no longer required as Contractor’s Equipment.Unless otherwise stated in the Particular Conditions, insurancesunder this Sub-Clause:(a)(b)(c)(d)shall be effected and maintained by the Contractor asinsuring Party,shall be in the joint names of the Parties, who shall bejointly entitled to receive payments from the insurers,payments being held or allocated to the Party actuallybearing the costs of rectifying the loss or damage,shall cover all loss and damage from any cause not listedin Sub-Clause 17.3 [Employer’s Risks],shall also cover, to the extent specifically required in thebidding documents of the Contract, loss or damage to apart of the Works which is attributable to the use oroccupation by the Employer of another part of the Works,and loss or damage from the risks listed in sub-paragraphs327 Copyright FIDIC Section VIII. General Conditions


(c), (g) and (h) of Sub-Clause 17.3 [Employer’s Risks],excluding (in each case) risks which are not insurable atcommercially reasonable terms, with deductibles peroccurrence of not more than the amount stated in theContract Data (if an amount is not so stated, this subparagraph(d) shall not apply), and(e) may however exclude loss of, damage to, andreinstatement of:(i)a part of the Works which is in a defective conditiondue to a defect in its design, materials orworkmanship (but cover shall include any other partswhich are lost or damaged as a direct result of thisdefective condition and not as described in subparagraph(ii) below),(ii) a part of the Works which is lost or damaged in orderto reinstate any other part of the Works if this otherpart is in a defective condition due to a defect in itsdesign, materials or workmanship,(iii) a part of the Works which has been taken over by theEmployer, except to the extent that the Contractor isliable for the loss or damage, and(iv) Goods while they are not in the Country, subject toSub-Clause 14.5 [Plant and Materials intended for theWorks].If, more than one year after the Base Date, the cover describedin sub-paragraph (d) above ceases to be available atcommercially reasonable terms, the Contractor shall (as insuringParty) give notice to the Employer, with supporting particulars.The Employer shall then (i) be entitled subject to Sub-Clause2.5 [Employer’s Claims] to payment of an amount equivalent tosuch commercially reasonable terms as the Contractor shouldhave expected to have paid for such cover, and (ii) be deemed,unless he obtains the cover at commercially reasonable terms, tohave approved the omission under Sub-Clause 18.1 [GeneralRequirements for Insurances].18.3 Insurance againstInjury to Personsand Damage toPropertyThe insuring Party shall insure against each Party’s liability forany loss, damage, death or bodily injury which may occur to anyphysical property (except things insured under Sub-Clause 18.2[Insurance for Works and Contractor’s Equipment]) or to anyperson (except persons insured under Sub-Clause 18.4328 Copyright FIDIC Section VIII. General Conditions


[Insurance for Contractor’s Personnel]), which may arise out ofthe Contractor’s performance of the Contract and occurringbefore the issue of the Performance Certificate.This insurance shall be for a limit per occurrence of not lessthan the amount stated in the Contract Data, with no limit on thenumber of occurrences. If an amount is not stated in theContract Data, this Sub-Clause shall not apply.Unless otherwise stated in the Particular Conditions, theinsurances specified in this Sub-Clause:(a)(b)(c)(d)shall be effected and maintained by the Contractor asinsuring Party,shall be in the joint names of the Parties,shall be extended to cover liability for all loss and damageto the Employer’s property (except things insured underSub-Clause 18.2) arising out of the Contractor’sperformance of the Contract, andmay however exclude liability to the extent that it arisesfrom:(i)the Employer’s right to have the Permanent Worksexecuted on, over, under, in or through any land, andto occupy this land for the Permanent Works,(ii) damage which is an unavoidable result of theContractor’s obligations to execute the Works andremedy any defects, and(iii) a cause listed in Sub-Clause 17.3 [Employer’s Risks],except to the extent that cover is available atcommercially reasonable terms.18.4 Insurance forContractor’sPersonnelThe Contractor shall effect and maintain insurance againstliability for claims, damages, losses and expenses (includinglegal fees and expenses) arising from injury, sickness, disease ordeath of any person employed by the Contractor or any other ofthe Contractor’s Personnel.The insurance shall cover the Employer and the Engineeragainst liability for claims, damages, losses and expenses(including legal fees and expenses) arising from injury,sickness, disease or death of any person employed by theContractor or any other of the Contractor’s Personnel, except329 Copyright FIDIC Section VIII. General Conditions


that this insurance may exclude losses and claims to the extentthat they arise from any act or neglect of the Employer or of theEmployer’s Personnel.The insurance shall be maintained in full force and effect duringthe whole time that these personnel are assisting in theexecution of the Works. For a Subcontractor’s employees, theinsurance may be effected by the Subcontractor, but theContractor shall be responsible for compliance with this Clause.19. Force Majeure19.1 Definition ofForce MajeureIn this Clause, “Force Majeure” means an exceptional event orcircumstance:(a)(b)(c)(d)which is beyond a Party’s control,which such Party could not reasonably have providedagainst before entering into the Contract,which, having arisen, such Party could not reasonablyhave avoided or overcome, andwhich is not substantially attributable to the other Party.Force Majeure may include, but is not limited to, exceptionalevents or circumstances of the kind listed below, so long asconditions (a) to (d) above are satisfied:(i)war, hostilities (whether war be declared or not),invasion, act of foreign enemies,(ii) rebellion, terrorism, sabotage by persons other thanthe Contractor’s Personnel, revolution, insurrection,military or usurped power, or civil war,19.2 Notice of ForceMajeure(iii) riot, commotion, disorder, strike or lockout bypersons other than the Contractor’s Personnel,(iv) munitions of war, explosive materials, ionisingradiation or contamination by radio-activity, exceptas may be attributable to the Contractor’s use of suchmunitions, explosives, radiation or radio-activity, and(v) natural catastrophes such as earthquake, hurricane,typhoon or volcanic activity.If a Party is or will be prevented from performing its substantialobligations under the Contract by Force Majeure, then it shallgive notice to the other Party of the event or circumstancesconstituting the Force Majeure and shall specify the obligations,330 Copyright FIDIC Section VIII. General Conditions


the performance of which is or will be prevented. The noticeshall be given within 14 days after the Party became aware, orshould have become aware, of the relevant event orcircumstance constituting Force Majeure.19.3 Duty to MinimiseDelayThe Party shall, having given notice, be excused performance ofits obligations for so long as such Force Majeure prevents itfrom performing them.Notwithstanding any other provision of this Clause, ForceMajeure shall not apply to obligations of either Party to makepayments to the other Party under the Contract.Each Party shall at all times use all reasonable endeavours tominimise any delay in the performance of the Contract as aresult of Force Majeure.A Party shall give notice to the other Party when it ceases to beaffected by the Force Majeure.19.4 Consequences ofForce MajeureIf the Contractor is prevented from performing his substantialobligations under the Contract by Force Majeure of whichnotice has been given under Sub-Clause 19.2 [Notice of ForceMajeure], and suffers delay and/or incurs Cost by reason of suchForce Majeure, the Contractor shall be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to:(a)(b)an extension of time for any such delay, if completion isor will be delayed, under Sub-Clause 8.4 [Extension ofTime for Completion], andif the event or circumstance is of the kind described insub-paragraphs (i) to (iv) of Sub-Clause 19.1 [Definitionof Force Majeure] and, in sub-paragraphs (ii) to (iv),occurs in the Country, payment of any such Cost,including the costs of rectifying or replacing the Worksand/or Goods damaged or destroyed by Force Majeure, tothe extent they are not indemnified through the insurancepolicy referred to in Sub-Clause 18.2 [Insurance forWorks and Contractor’s Equipment].After receiving this notice, the Engineer shall proceed inaccordance with Sub-Clause 3.5 [Determinations] to agree ordetermine these matters.331 Copyright FIDIC Section VIII. General Conditions


19.5 Force MajeureAffectingSubcontractor19.6 OptionalTermination,Payment andReleaseIf any Subcontractor is entitled under any contract or agreementrelating to the Works to relief from force majeure on termsadditional to or broader than those specified in this Clause, suchadditional or broader force majeure events or circumstancesshall not excuse the Contractor’s non-performance or entitle himto relief under this Clause.If the execution of substantially all the Works in progress isprevented for a continuous period of 84 days by reason of ForceMajeure of which notice has been given under Sub-Clause 19.2[Notice of Force Majeure], or for multiple periods which totalmore than 140 days due to the same notified Force Majeure,then either Party may give to the other Party a notice oftermination of the Contract. In this event, the termination shalltake effect 7 days after the notice is given, and the Contractorshall proceed in accordance with Sub-Clause 16.3 [Cessation ofWork and Removal of Contractor’s Equipment].Upon such termination, the Engineer shall determine the valueof the work done and issue a Payment Certificate which shallinclude:(a)(b)(c)(d)(e)the amounts payable for any work carried out for which aprice is stated in the Contract;the Cost of Plant and Materials ordered for the Workswhich have been delivered to the Contractor, or of whichthe Contractor is liable to accept delivery: this Plant andMaterials shall become the property of (and be at the riskof) the Employer when paid for by the Employer, and theContractor shall place the same at the Employer’sdisposal;other Cost or liabilities which in the circumstances werereasonably and necessarily incurred by the Contractor inthe expectation of completing the Works;the Cost of removal of Temporary Works and Contractor’sEquipment from the Site and the return of these items tothe Contractor’s works in his country (or to any otherdestination at no greater cost); andthe Cost of repatriation of the Contractor’s staff andlabour employed wholly in connection with the Works atthe date of termination.19.7 Release fromPerformanceNotwithstanding any other provision of this Clause, if any event orcircumstance outside the control of the Parties (including, but not332 Copyright FIDIC Section VIII. General Conditions


limited to, Force Majeure) arises which makes it impossible orunlawful for either or both Parties to fulfil its or their contractualobligations or which, under the law governing the Contract, entitlesthe Parties to be released from further performance of the Contract,then upon notice by either Party to the other Party of such event orcircumstance:(a)(b)the Parties shall be discharged from further performance,without prejudice to the rights of either Party in respect ofany previous breach of the Contract, andthe sum payable by the Employer to the Contractor shallbe the same as would have been payable under Sub-Clause 19.6 [Optional Termination, Payment and Release]if the Contract had been terminated under Sub-Clause19.6.20. Claims, Disputes and Arbitration20.1 Contractor’sClaimsIf the Contractor considers himself to be entitled to anyextension of the Time for Completion and/or any additionalpayment, under any Clause of these Conditions or otherwise inconnection with the Contract, the Contractor shall give notice tothe Engineer, describing the event or circumstance giving rise tothe claim. The notice shall be given as soon as practicable, andnot later than 28 days after the Contractor became aware, orshould have become aware, of the event or circumstance.If the Contractor fails to give notice of a claim within suchperiod of 28 days, the Time for Completion shall not beextended, the Contractor shall not be entitled to additionalpayment, and the Employer shall be discharged from all liabilityin connection with the claim. Otherwise, the followingprovisions of this Sub-Clause shall apply.The Contractor shall also submit any other notices which arerequired by the Contract, and supporting particulars for theclaim, all as relevant to such event or circumstance.The Contractor shall keep such contemporary records as may benecessary to substantiate any claim, either on the Site or atanother location acceptable to the Engineer. Without admittingthe Employer’s liability, the Engineer may, after receiving anynotice under this Sub-Clause, monitor the record-keeping and/orinstruct the Contractor to keep further contemporary records.The Contractor shall permit the Engineer to inspect all theserecords, and shall (if instructed) submit copies to the Engineer.333 Copyright FIDIC Section VIII. General Conditions


Within 42 days after the Contractor became aware (or shouldhave become aware) of the event or circumstance giving rise tothe claim, or within such other period as may be proposed by theContractor and approved by the Engineer, the Contractor shallsend to the Engineer a fully detailed claim which includes fullsupporting particulars of the basis of the claim and of theextension of time and/or additional payment claimed. If theevent or circumstance giving rise to the claim has a continuingeffect:(a)(b)(c)this fully detailed claim shall be considered as interim;the Contractor shall send further interim claims at monthlyintervals, giving the accumulated delay and/or amountclaimed, and such further particulars as the Engineer mayreasonably require; andthe Contractor shall send a final claim within 28 days afterthe end of the effects resulting from the event orcircumstance, or within such other period as may beproposed by the Contractor and approved by the Engineer.Within 42 days after receiving a claim or any further particularssupporting a previous claim, or within such other period as maybe proposed by the Engineer and approved by the Contractor,the Engineer shall respond with approval, or with disapprovaland detailed comments. He may also request any necessaryfurther particulars, but shall nevertheless give his response onthe principles of the claim within the above defined time period.Within the above defined period of 42 days, the Engineer shallproceed in accordance with Sub-Clause 3.5 [Determinations] toagree or determine (i) the extension (if any) of the Time forCompletion (before or after its expiry) in accordance with Sub-Clause 8.4 [Extension of Time for Completion], and/or (ii) theadditional payment (if any) to which the Contractor is entitledunder the Contract.Each Payment Certificate shall include such additional paymentfor any claim as has been reasonably substantiated as due underthe relevant provision of the Contract. Unless and until theparticulars supplied are sufficient to substantiate the whole ofthe claim, the Contractor shall only be entitled to payment forsuch part of the claim as he has been able to substantiate.If the Engineer does not respond within the timeframe definedin this Clause, either Party may consider that the claim is334 Copyright FIDIC Section VIII. General Conditions


ejected by the Engineer and any of the Parties may refer to theDispute Board in accordance with Sub-Clause 20.4 [ObtainingDispute Board’s Decision].The requirements of this Sub-Clause are in addition to those ofany other Sub-Clause which may apply to a claim. If theContractor fails to comply with this or another Sub-Clause inrelation to any claim, any extension of time and/or additionalpayment shall take account of the extent (if any) to which thefailure has prevented or prejudiced proper investigation of theclaim, unless the claim is excluded under the second paragraphof this Sub-Clause.20.2 Appointment ofthe DisputeBoardDisputes shall be referred to a DB for decision in accordancewith Sub-Clause 20.4 [Obtaining Dispute Board’s Decision].The Parties shall appoint a DB by the date stated in the ContractData.The DB shall comprise, as stated in the Contract Data, eitherone or three suitably qualified persons (“the members”), each ofwhom shall be fluent in the language for communication definedin the Contract and shall be a professional experienced in thetype of construction involved in the Works and with theinterpretation of contractual documents. If the number is not sostated and the Parties do not agree otherwise, the DB shallcomprise three persons.If the Parties have not jointly appointed the DB 21 days beforethe date stated in the Contract Data and the DB is to comprisethree persons, each Party shall nominate one member for theapproval of the other Party. The first two members shallrecommend and the Parties shall agree upon the third member,who shall act as chairman.However, if a list of potential members has been agreed by theParties and is included in the Contract, the members shall beselected from those on the list, other than anyone who is unableor unwilling to accept appointment to the DB.The agreement between the Parties and either the sole memberor each of the three members shall incorporate by reference theGeneral Conditions of Dispute Board Agreement contained inthe Appendix to these General Conditions, with suchamendments as are agreed between them.The terms of the remuneration of either the sole member or eachof the three members, including the remuneration of any expert335 Copyright FIDIC Section VIII. General Conditions


whom the DB consults, shall be mutually agreed upon by theParties when agreeing the terms of appointment. Each Partyshall be responsible for paying one-half of this remuneration.If at any time the Parties so agree, they may jointly refer amatter to the DB for it to give its opinion. Neither Party shallconsult the DB on any matter without the agreement of the otherParty.If a member declines to act or is unable to act as a result ofdeath, disability, resignation or termination of appointment, areplacement shall be appointed in the same manner as thereplaced person was required to have been nominated or agreedupon, as described in this Sub-Clause.The appointment of any member may be terminated by mutualagreement of both Parties, but not by the Employer or theContractor acting alone. Unless otherwise agreed by bothParties, the appointment of the DB (including each member)shall expire when the discharge referred to in Sub-Clause 14.12[Discharge] shall have become effective.20.3 Failure to Agreeon theComposition ofthe DisputeBoardIf any of the following conditions apply, namely:(a)(b)(c)(d)the Parties fail to agree upon the appointment of the solemember of the DB by the date stated in the first paragraphof Sub-Clause 20.2, [Appointment of the Dispute Board],either Party fails to nominate a member (for approval bythe other Party), or fails to approve a member nominatedby the other Party, of a DB of three persons by such date,the Parties fail to agree upon the appointment of the thirdmember (to act as chairman) of the DB by such date, orthe Parties fail to agree upon the appointment of areplacement person within 42 days after the date on whichthe sole member or one of the three members declines toact or is unable to act as a result of death, disability,resignation or termination of appointment,then the appointing entity or official named in the Contract Datashall, upon the request of either or both of the Parties and afterdue consultation with both Parties, appoint this member of theDB. This appointment shall be final and conclusive. Each Partyshall be responsible for paying one-half of the remuneration ofthe appointing entity or official.336 Copyright FIDIC Section VIII. General Conditions


20.4 ObtainingDispute Board’sDecisionIf a dispute (of any kind whatsoever) arises between the Partiesin connection with, or arising out of, the Contract or theexecution of the Works, including any dispute as to anycertificate, determination, instruction, opinion or valuation ofthe Engineer, either Party may refer the dispute in writing to theDB for its decision, with copies to the other Party and theEngineer. Such reference shall state that it is given under thisSub-Clause.For a DB of three persons, the DB shall be deemed to havereceived such reference on the date when it is received by thechairman of the DB.Both Parties shall promptly make available to the DB all suchadditional information, further access to the Site, andappropriate facilities, as the DB may require for the purposes ofmaking a decision on such dispute. The DB shall be deemed tobe not acting as arbitrator(s).Within 84 days after receiving such reference, or within suchother period as may be proposed by the DB and approved byboth Parties, the DB shall give its decision, which shall bereasoned and shall state that it is given under this Sub-Clause.The decision shall be binding on both Parties, who shallpromptly give effect to it unless and until it shall be revised inan amicable settlement or an arbitral award as described below.Unless the Contract has already been abandoned, repudiated orterminated, the Contractor shall continue to proceed with theWorks in accordance with the Contract.If either Party is dissatisfied with the DB’s decision, then eitherParty may, within 28 days after receiving the decision, give aNotice of Dissatisfaction to the other Party indicating itsdissatisfaction and intention to commence arbitration. If the DBfails to give its decision within the period of 84 days (or asotherwise approved) after receiving such reference, then eitherParty may, within 28 days after this period has expired, give aNotice of Dissatisfaction to the other Party.In either event, this Notice of Dissatisfaction shall state that it isgiven under this Sub-Clause, and shall set out the matter indispute and the reason(s) for dissatisfaction. Except as stated inSub-Clause 20.7 [Failure to Comply with Dispute Board’sDecision] and Sub-Clause 20.8 [Expiry of Dispute Board’sAppointment], neither Party shall be entitled to commencearbitration of a dispute unless a Notice of Dissatisfaction hasbeen given in accordance with this Sub-Clause.If the DB has given its decision as to a matter in dispute to both337 Copyright FIDIC Section VIII. General Conditions


Parties, and no Notice of Dissatisfaction has been given byeither Party within 28 days after it received the DB’s decision,then the decision shall become final and binding upon bothParties.20.5 AmicableSettlementWhere a Notice of Dissatisfaction has been given under Sub-Clause 20.4 above, both Parties shall attempt to settle thedispute amicably before the commencement of arbitration.However, unless both Parties agree otherwise, the Party giving aNotice of Dissatisfaction in accordance with Sub-Clause 20.4above should move to commence arbitration after the fifty-sixthday from the day on which a Notice of Dissatisfaction wasgiven, even if no attempt at an amicable settlement has beenmade.20.6 Arbitration Any dispute between the Parties arising out of or in connectionwith the Contract not settled amicably in accordance with Sub-Clause 20.5 above and in respect of which the DB’s decision (ifany) has not become final and binding shall be finally settled byarbitration. Arbitration shall be conducted as follows:(a)if the contract is with foreign contractors,(i) for contracts financed by all participating Banksexcept under sub-paragraph (a) (2)below:international arbitration (1) with proceedingsadministered by the arbitration institutiondesignated in the Contract Data, and conductedunder the rules of arbitration of such institution; or,if so specified in the Contract Data, (2) internationalarbitration in accordance with the arbitration rulesof the United Nations Commission on InternationalTrade Law (UNCITRAL); or (3) if neither anarbitration institution nor UNCITRAL arbitrationrules are specified in the Contract Data, withproceedings administered by the InternationalChamber of Commerce (ICC) and conducted underthe ICC Rules of Arbitration; by one or morearbitrators appointed in accordance with saidarbitration rules(b)if the Contract is with domestic contractors,arbitration with proceedings conducted inaccordance with the laws of the Employer’scountry.The place of arbitration shall be the neutral location specified inthe Contract Data; and the arbitration shall be conducted in the338 Copyright FIDIC Section VIII. General Conditions


language for communications defined in Sub-Clause 1.4 [Lawand Language].The arbitrators shall have full power to open up, review andrevise any certificate, determination, instruction, opinion orvaluation of the Engineer, and any decision of the DB, relevantto the dispute. Nothing shall disqualify representatives of theParties and the Engineer from being called as a witness andgiving evidence before the arbitrators on any matter whatsoeverrelevant to the dispute.Neither Party shall be limited in the proceedings before thearbitrators to the evidence or arguments previously put beforethe DB to obtain its decision, or to the reasons for dissatisfactiongiven in its Notice of Dissatisfaction. Any decision of the DBshall be admissible in evidence in the arbitration.Arbitration may be commenced prior to or after completion ofthe Works. The obligations of the Parties, the Engineer and theDB shall not be altered by reason of any arbitration beingconducted during the progress of the Works.20.7 Failure toComply withDispute Board’sDecision20.8 Expiry of DisputeBoard’sAppointmentIn the event that a Party fails to comply with a final and bindingDB decision, then the other Party may, without prejudice to anyother rights it may have, refer the failure itself to arbitrationunder Sub-Clause 20.6 [Arbitration]. Sub-Clause 20.4[Obtaining Dispute Board’s Decision] and Sub-Clause 20.5[Amicable Settlement] shall not apply to this reference.If a dispute arises between the Parties in connection with, orarising out of, the Contract or the execution of the Works andthere is no DB in place, whether by reason of the expiry of theDB’s appointment or otherwise:(a)(b)Sub-Clause 20.4 [Obtaining Dispute Board’s Decision]and Sub-Clause 20.5 [Amicable Settlement] shall notapply, andthe dispute may be referred directly to arbitration underSub-Clause 20.6 [Arbitration].339 Copyright FIDIC Section VIII. General Conditions


APPENDIXA General Conditions of Dispute Board Agreement1. Definitions Each “Dispute Board Agreement” is a tripartite agreement by andbetween:(a) the “Employer”;(b) the “Contractor”; and(c) the “Member” who is defined in the Dispute Board Agreementas being:(i) the sole member of the "DB" and, where this is the case,all references to the “Other Members” do not apply, or(ii) one of the three persons who are jointly called the “DB”(or “Dispute Board”) and, where this is the case, the othertwo persons are called the “Other Members”.The Employer and the Contractor have entered (or intend to enter)into a contract, which is called the "Contract" and is defined in theDispute Board Agreement, which incorporates this Appendix. Inthe Dispute Board Agreement, words and expressions which are nototherwise defined shall have the meanings assigned to them in theContract.2. GeneralProvisionsUnless otherwise stated in the Dispute Board Agreement, it shalltake effect on the latest of the following dates:(a) the Commencement Date defined in the Contract,(b) when the Employer, the Contractor and the Member have eachsigned the Dispute Board Agreement, or(c) when the Employer, the Contractor and each of the OtherMembers (if any) have respectively each signed a disputeboard agreement.This employment of the Member is a personal appointment. At anytime, the Member may give not less than 70 days’ notice ofresignation to the Employer and to the Contractor, and the DisputeBoard Agreement shall terminate upon the expiry of this period.3. Warranties The Member warrants and agrees that he/she is and shall beimpartial and independent of the Employer, the Contractor and theEngineer. The Member shall promptly disclose, to each of them andto the Other Members (if any), any fact or circumstance whichmight appear inconsistent with his/her warranty and agreement of340 Copyright FIDIC Section VIII. General Conditions


impartiality and independence.When appointing the Member, the Employer and the Contractorrelied upon the Member’s representations that he/she is:(a) experienced in the work which the Contractor is to carry outunder the Contract,(b) experienced in the interpretation of contract documentation,and(c) fluent in the language for communications defined in theContract.4. GeneralObligations of theMemberThe Member shall:(a) have no interest financial or otherwise in the Employer, theContractor or Engineer, nor any financial interest in theContract except for payment under the Dispute BoardAgreement;(b) not previously have been employed as a consultant orotherwise by the Employer, the Contractor or the Engineer,except in such circumstances as were disclosed in writing tothe Employer and the Contractor before they signed theDispute Board Agreement;(c) have disclosed in writing to the Employer, the Contractor andthe Other Members (if any), before entering into the DisputeBoard Agreement and to his/her best knowledge andrecollection, any professional or personal relationships withany director, officer or employee of the Employer, theContractor or the Engineer, and any previous involvement inthe overall project of which the Contract forms part;(d) not, for the duration of the Dispute Board Agreement, beemployed as a consultant or otherwise by the Employer, theContractor or the Engineer, except as may be agreed in writingby the Employer, the Contractor and the Other Members (ifany);(e) comply with the annexed procedural rules and with Sub-Clause 20.4 of the Conditions of Contract;(f) not give advice to the Employer, the Contractor, theEmployer’s Personnel or the Contractor’s Personnelconcerning the conduct of the Contract, other than inaccordance with the annexed procedural rules;(g) not while a Member enter into discussions or make anyagreement with the Employer, the Contractor or the Engineer341 Copyright FIDIC Section VIII. General Conditions


egarding employment by any of them, whether as a consultantor otherwise, after ceasing to act under the Dispute BoardAgreement;(h) ensure his/her availability for all site visits and hearings as arenecessary;(i) become conversant with the Contract and with the progress ofthe Works (and of any other parts of the project of which theContract forms part) by studying all documents received whichshall be maintained in a current working file;(j) treat the details of the Contract and all the DB’s activities andhearings as private and confidential, and not publish ordisclose them without the prior written consent of theEmployer, the Contractor and the Other Members (if any); and(k) be available to give advice and opinions, on any matterrelevant to the Contract when requested by both the Employerand the Contractor, subject to the agreement of the OtherMembers (if any).5. GeneralObligations of theEmployer and theContractorThe Employer, the Contractor, the Employer’s Personnel and theContractor’s Personnel shall not request advice from or consultationwith the Member regarding the Contract, otherwise than in thenormal course of the DB’s activities under the Contract and theDispute Board Agreement. The Employer and the Contractor shallbe responsible for compliance with this provision, by theEmployer’s Personnel and the Contractor’s Personnel respectively.The Employer and the Contractor undertake to each other and to theMember that the Member shall not, except as otherwise agreed inwriting by the Employer, the Contractor, the Member and the OtherMembers (if any):(a) be appointed as an arbitrator in any arbitration under theContract;(b) be called as a witness to give evidence concerning any disputebefore arbitrator(s) appointed for any arbitration under theContract; or(c) be liable for any claims for anything done or omitted in thedischarge or purported discharge of the Member’s functions,unless the act or omission is shown to have been in bad faith.The Employer and the Contractor hereby jointly and severallyindemnify and hold the Member harmless against and from claims342 Copyright FIDIC Section VIII. General Conditions


from which he is relieved from liability under the precedingparagraph.Whenever the Employer or the Contractor refers a dispute to theDB under Sub-Clause 20.4 of the Conditions of Contract, whichwill require the Member to make a site visit and attend a hearing,the Employer or the Contractor shall provide appropriate securityfor a sum equivalent to the reasonable expenses to be incurred bythe Member. No account shall be taken of any other payments dueor paid to the Member.6. Payment The Member shall be paid as follows, in the currency named in theDispute Board Agreement:(a) a retainer fee per calendar month, which shall be considered aspayment in full for:(i) being available on 28 days’ notice for all site visits andhearings;(ii) becoming and remaining conversant with all projectdevelopments and maintaining relevant files;(iii) all office and overhead expenses including secretarialservices, photocopying and office supplies incurred inconnection with his duties; and(iv) all services performed hereunder except those referred toin sub-paragraphs (b) and (c) of this Clause.The retainer fee shall be paid with effect from the last day of thecalendar month in which the Dispute Board Agreement becomeseffective; until the last day of the calendar month in which theTaking-Over Certificate is issued for the whole of the Works.With effect from the first day of the calendar month following themonth in which the Taking-Over Certificate is issued for the wholeof the Works, the retainer fee shall be reduced by one third .Thisreduced fee shall be paid until the first day of the calendar month inwhich the Member resigns or the Dispute Board Agreement isotherwise terminated.(b) a daily fee which shall be considered as payment in full for:(i) each day or part of a day up to a maximum of two days’travel time in each direction for the journey between theMember’s home and the Site, or another location of ameeting with the Other Members (if any);(ii) each working day on Site visits, hearings or preparing343 Copyright FIDIC Section VIII. General Conditions


decisions; and(iii) each day spent reading submissions in preparation for ahearing.(c) all reasonable expenses including necessary travel expenses(air fare in less than first class, hotel and subsistence and otherdirect travel expenses) incurred in connection with theMember’s duties, as well as the cost of telephone calls, couriercharges, faxes and telexes: a receipt shall be required for eachitem in excess of five percent of the daily fee referred to insub-paragraph (b) of this Clause;(d) any taxes properly levied in the Country on payments made tothe Member (unless a national or permanent resident of theCountry) under this Clause 6.The retainer and daily fees shall be as specified in the DisputeBoard Agreement. Unless it specifies otherwise, these fees shallremain fixed for the first 24 calendar months, and shall thereafter beadjusted by agreement between the Employer, the Contractor andthe Member, at each anniversary of the date on which the DisputeBoard Agreement became effective.If the parties fail to agree on the retainer fee or the daily fee, theappointing entity or official named in the Contract Data shalldetermine the amount of the fees to be used.The Member shall submit invoices for payment of the monthlyretainer and air fares quarterly in advance. Invoices for otherexpenses and for daily fees shall be submitted following theconclusion of a Site visit or hearing. All invoices shall beaccompanied by a brief description of activities performed duringthe relevant period and shall be addressed to the Contractor.The Contractor shall pay each of the Member’s invoices in fullwithin 56 calendar days after receiving each invoice and shall applyto the Employer (in the Statements under the Contract) forreimbursement of one-half of the amounts of these invoices. TheEmployer shall then pay the Contractor in accordance with theContract.If the Contractor fails to pay to the Member the amount to whichhe/she is entitled under the Dispute Board Agreement, theEmployer shall pay the amount due to the Member and any otheramount which may be required to maintain the operation of the DB;and without prejudice to the Employer’s rights or remedies. Inaddition to all other rights arising from this default, the Employershall be entitled to reimbursement of all sums paid in excess of one-344 Copyright FIDIC Section VIII. General Conditions


half of these payments, plus all costs of recovering these sums andfinancing charges calculated at the rate specified in Sub-Clause14.8 of the Conditions of Contract.If the Member does not receive payment of the amount due within70 days after submitting a valid invoice, the Member may (i)suspend his/her services (without notice) until the payment isreceived, and/or (ii) resign his/her appointment by giving noticeunder Clause 7.7. Termination At any time: (i) the Employer and the Contractor may jointlyterminate the Dispute Board Agreement by giving 42 days’ noticeto the Member; or (ii) the Member may resign as provided for inClause 2.If the Member fails to comply with the Dispute Board Agreement,the Employer and the Contractor may, without prejudice to theirother rights, terminate it by notice to the Member. The notice shalltake effect when received by the Member.If the Employer or the Contractor fails to comply with the DisputeBoard Agreement, the Member may, without prejudice to his otherrights, terminate it by notice to the Employer and the Contractor.The notice shall take effect when received by them both.Any such notice, resignation and termination shall be final andbinding on the Employer, the Contractor and the Member.However, a notice by the Employer or the Contractor, but not byboth, shall be of no effect.8. Default of theMemberIf the Member fails to comply with any of his obligations underClause 4 (a) - (d) above, he shall not be entitled to any fees orexpenses hereunder and shall, without prejudice to their otherrights, reimburse each of the Employer and the Contractor for anyfees and expenses received by the Member and the Other Members(if any), for proceedings or decisions (if any) of the DB which arerendered void or ineffective by the said failure to comply.If the Member fails to comply with any of his obligations underClause 4 (e) - (k) above, he shall not be entitled to any fees orexpenses hereunder from the date and to the extent of the noncomplianceand shall, without prejudice to their other rights,reimburse each of the Employer and the Contractor for any fees andexpenses already received by the Member, for proceedings ordecisions (if any) of the DB which are rendered void or ineffectiveby the said failure to comply.9. Disputes Any dispute or claim arising out of or in connection with thisDispute Board Agreement, or the breach, termination or invalidity345 Copyright FIDIC Section VIII. General Conditions


thereof, shall be finally settled by institutional arbitration. If noother arbitration institute is agreed, the arbitration shall beconducted under the Rules of Arbitration of the InternationalChamber of Commerce by one arbitrator appointed in accordancewith these Rules of Arbitration.346 Copyright FIDIC Section VIII. General Conditions


PROCEDURAL RULESUnless otherwise agreed by the Employer and the Contractor, the DB shall visit the Site atintervals of not more than 140 days, including times of critical construction events, at therequest of either the Employer or the Contractor. Unless otherwise agreed by the Employer,the Contractor and the DB, the period between consecutive visits shall not be less than 70days, except as required to convene a hearing as described below.The timing of and agenda for each Site visit shall be as agreed jointly by the DB, theEmployer and the Contractor, or in the absence of agreement, shall be decided by the DB.The purpose of Site visits is to enable the DB to become and remain acquainted with theprogress of the Works and of any actual or potential problems or claims, and, as far asreasonable, to endeavour to prevent potential problems or claims from becoming disputes.Site visits shall be attended by the Employer, the Contractor and the Engineer and shall beco-ordinated by the Employer in co-operation with the Contractor. The Employer shallensure the provision of appropriate conference facilities and secretarial and copying services.At the conclusion of each Site visit and before leaving the site, the DB shall prepare a reporton its activities during the visit and shall send copies to the Employer and the Contractor.The Employer and the Contractor shall furnish to the DB one copy of all documents whichthe DB may request, including Contract documents, progress reports, variation instructions,certificates and other documents pertinent to the performance of the Contract. Allcommunications between the DB and the Employer or the Contractor shall be copied to theother Party. If the DB comprises three persons, the Employer and the Contractor shall sendcopies of these requested documents and these communications to each of these persons.If any dispute is referred to the DB in accordance with Sub-Clause 20.4 of the Conditions ofContract, the DB shall proceed in accordance with Sub-Clause 20.4 and these Rules. Subjectto the time allowed to give notice of a decision and other relevant factors, the DB shall:(a) act fairly and impartially as between the Employer and the Contractor, giving each ofthem a reasonable opportunity of putting his case and responding to the other’s case, and(b) adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.The DB may conduct a hearing on the dispute, in which event it will decide on the date andplace for the hearing and may request that written documentation and arguments from theEmployer and the Contractor be presented to it prior to or at the hearing.Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall havepower to adopt an inquisitorial procedure, to refuse admission to hearings or audience athearings to any persons other than representatives of the Employer, the Contractor and theEngineer, and to proceed in the absence of any party who the DB is satisfied received noticeof the hearing; but shall have discretion to decide whether and to what extent this power maybe exercised.347 Copyright FIDIC Section VIII. General Conditions


The Employer and the Contractor empower the DB, among other things, to:(a) establish the procedure to be applied in deciding a dispute,(b) decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred to it,(c) conduct any hearing as it thinks fit, not being bound by any rules or procedures other thanthose contained in the Contract and these Rules,(d) take the initiative in ascertaining the facts and matters required for a decision,(e) make use of its own specialist knowledge, if any,(f) decide upon the payment of financing charges in accordance with the Contract,(g) decide upon any provisional relief such as interim or conservatory measures, and(h) open up, review and revise any certificate, decision, determination, instruction, opinionor valuation of the Engineer, relevant to the dispute.The DB shall not express any opinions during any hearing concerning the merits of anyarguments advanced by the Parties. Thereafter, the DB shall make and give its decision inaccordance with Sub-Clause 20.4, or as otherwise agreed by the Employer and the Contractorin writing. If the DB comprises three persons:(a)(b)(c)it shall convene in private after a hearing, in order to have discussions and prepare itsdecision;it shall endeavour to reach a unanimous decision: if this proves impossible theapplicable decision shall be made by a majority of the Members, who may require theminority Member to prepare a written report for submission to the Employer and theContractor; andif a Member fails to attend a meeting or hearing, or to fulfil any required function, theother two Members may nevertheless proceed to make a decision, unless:(i)(ii)either the Employer or the Contractor does not agree that they do so, orthe absent Member is the chairman and he/she instructs the other Members not tomake a decision.348 Copyright FIDIC Section VIII. General Conditions


Section IX. Particular Conditions (PC)The following Particular Conditions shall supplement the GC. Whenever there is a conflict,the provisions herein shall prevail over those in the GC.349


Part A - Contract DataConditions Sub-Clause DataEmployer’s name andaddressEngineer’s name andaddress1.1.2.2 & 1.3 The Commissioner, Ananthapur <strong>Municipal</strong>Corporation,Ananthapur,District Ananthapur<strong>Andhra</strong> <strong>Pradesh</strong>Pin- 515001Country: IndiaTelephone: 08554-274716Facsimile number: 08554- 274323Email: mcanantapur@cdma.gov.in1.1.2.4 & 1.3 The Superintending Engineer,<strong>Municipal</strong> Corporation,Ananthapur,District Ananthapur<strong>Andhra</strong> <strong>Pradesh</strong>Pin- 515001Country: IndiaBank’s name 1.1.2.11 The International Bank of Reconstructionand <strong>Development</strong> (IBRD / World Bank)Borrower’s name 1.1.2.12 Government of <strong>Andhra</strong> <strong>Pradesh</strong> throughGovernment of IndiaTime for Completion 1.1.3.3 730 daysDefects Notification Period 1.1.3.7365 days.Sections 1.1.5.6 Not ApplicableElectronic transmissionsystems1.3 Not Applicable.Governing Law 1.4 Laws of the Union of IndiaRuling language 1.4 EnglishLanguage forcommunicationsTime for the Partiesentering into a ContractAgreementInspections and Audit bythe Bank1.4 English1.6 28 Days after the receipt of Letter ofAcceptance.1.15 This clause shall be amended as follows:The Contractor shall permit, and shallcause its agents (whether declared or not),350 Section IX. Particular Conditions


Conditions Sub-Clause Datasub-contractors, sub-consultants, serviceproviders, or suppliers and any personnelthereof, to permit, the Bank and/or personsappointed by the Bank to inspect the Siteand all accounts and records relating to theperformance of the Contract and thesubmission of the bid, and to have suchaccounts and records audited by auditorsappointed by the Bank if requested by theBank. The Contractor’s attention is drawnto Sub-Clause 15.6 [Corrupt or FraudulentPractices] which provides, inter alia, thatacts intended to materially impede theexercise of the Bank’s inspection and auditrights provided for under Sub-Clause 1.15constitute a prohibited practice subject tocontract termination (as well as to adetermination of ineligibility pursuant tothe Bank’s prevailing sanctions procedures.Time for access to the Site 2.1 On the Commencement Day,Engineer’s Duties andAuthority3.1(b)(ii)Variations resulting in an increase of theAccepted Contract Amount in excess of10% shall require approval of theEmployer.Performance Security 4.2 The performance security will be in theform of an Unconditional Bank Guaranteein the amount(s) of 5% (Five percent) ofthe Accepted Contract Amount +additionalsecurity for the unbalanced items if any inthe same currency (ies) of the AcceptedContract Amount.Normal working hours 6.5 8 AM to 6 PM.Delay damages for theWorks8.7 & 14.15(b) Shall be 0.05 % of the Contract Price perday.Maximum amount ofdelay damagesProvisional Sums 13.5.(b)(ii) 5 %8.7 10 % of the final Contract Price.351 Section IX. Particular Conditions


Conditions Sub-Clause DataTotal advance payment 14.2Repayment amortizationrate of advance payment14.2(b) 20 %10% Percent of the Accepted ContractAmount (excluding provisional sum)payable in the currencies and proportionsin which the Accepted Contract Amount ispayable. Advance payment shall be madein 2 installments as follows.First installment of 5% advancepayment will be made after theContractor fulfilled following conditions.• Mobilized <strong>Project</strong> Manager, survery andsubsoil investigation to the site• Submitted to the approval of Engineer- List of proposed sub contractorsand their respective agreements, Proposed constructionprogramme, mobilization/ deploymentschedule, contractors key personnel,machinery, equipments requiredfor executing the works,Procurement schedule for majormaterials, Cash flow forecast statement.After first installment payment hasbeen utilized as per approved programme(substantiated by relevant documents)contractor can apply for Secondinstallment.Second installment of balance 5%advance payment will be made after theContractor fulfilled following conditions.• Deployment of personnel, machinery,equipment as per approved deploymentschedule.• Place confirm orders for supply of majormaterials as per approved ProcurementSchedule.After milestone 1 is achieved.Percentage of Retention 14.3 6% (six percent) of Interim PaymentCertificate352 Section IX. Particular Conditions


Conditions Sub-Clause DataLimit of Retention Money 14.3 5% of the Accepted Contract AmountPlant and Materials14.5(b)(i)If Sub-Clause 14.5 applies:Plant and Materials for payment Free onBoard NIL14.5(c)(i)Plant and Materials for payment whendelivered to the Site:DI Pipes and SpecialsMinimum Amount ofInterim PaymentCertificatesPublishing source ofcommercial interest ratesfor financial charges incase of delayed payment14.6 0.5 % of the Accepted Contract Amount.14.8 State Bank of India PLR +2%353 Section IX. Particular Conditions


Conditions Sub-Clause DataContractor’s Care of theWorks (Environmental)17.2 (a) (a) The contractor shall prepare trafficdiversion plans, obtain necessarydiversion permissions, and provideadequate safety measures includingbarricading of all the constructionsites, provision of access to privateproperties, etc. as defined in theTechnical specifications andEnvironmental Management plan. Adamage shall be levied at the rateRs.2000/- per day per location, in theevent of non-conformity in part or fullto such measures.(b)(c)The contractor has to follow allenvironmental mitigation measures asdefined in the Technicalspecifications/Bill of Quantities, readalong with the EnvironmentalManagement Plan. A damage shall belevied at the rate Rs. 1000/- per dayper location for non-conformity ofEnvironmental Management Planmeasures.The contractor shall ensure thatsufficient numbers and good qualitypersonnel protective equipments(PPE) are provided to the staff andlabour as defined in the labour codesand/or regulatory requirementsreferred in the technicalspecifications, read along with theEnvironmental Management Plan(EMP). In addition, the contractorshall enforce safety disciplineamongst works to use PPE. Adamage shall be levied at the rate ofRs.500 /- per day per staff/labour fornon conformity in part or full.Damages shall be recommended by thedesignated environmental engineer of thecontract through regularmonitoring/supervision reports and shallbe recovered in the contractor’s runningbills.354 Section IX. Particular Conditions


Conditions Sub-Clause DataMaximum total liability ofthe Contractor to theEmployerPeriods for submission ofinsurance:a. evidence ofinsurance.17.6 Accepted Contract Amount,18.114 days of commencement of workb. relevant policies 28 days of commencement of workMaximum amount ofdeductibles forinsurance of theEmployer's risksMinimum amount of thirdpartyinsuranceDate by which the DBshall be appointedThe DB shall be comprisedofList of potential DB solemembersAppointment (if notagreed) to be made by18.2(d) INR 0.5 million per occurance orequivalent US Dolar for foreign bidder18.3 INR 1 million per occurrence with thenumber of occurrences unlimited.20.2 90 days after the Commencement date20.2 Three Members20.2 Not Applicable20.3 In case the Employer and the Contractorfail to agree upon the appointment of areplacement member then the Presidentof Institution of Engineers, India, shallafter due consultation with both parties,nominate the third member and suchnomination shall be final and conclusive.355 Section IX. Particular Conditions


Conditions Sub-Clause DataRules of arbitration 20.6(a) UNCITRALThe procedure for arbitration will be asfollows:(a) In case of Dispute ordifference arising betweenthe Employer and a domesticcontractor relating to anymatter arising out of orconnected with thisagreement, such disputes ordifference shall be settled inaccordance with theArbitration and ConciliationAct, 1996. The arbitraltribunal shall consist of 3Arbitrators one each to beappointed by the Employerand the Contractor. The thirdArbitrator shall be chosen bythe two Arbitrators soappointed by the Parties andshall act as PresidingArbitrator. In case of failureof the two Arbitratorsappointed by the parties toreach upon a consensuswithin a period of 30 daysfrom the appointment of theArbitrator appointedsubsequently, the PresidingArbitrator shall be appointedby the * Indian Council ofArbitration/ President of theInstitution of Engineers(India)/The InternationalCentre for AlternativeDisputes Resolution (India).356 Section IX. Particular Conditions


Conditions Sub-Clause Data(b)In the case of dispute with aForeign contractor the disputeshall be settled in accordancewith provisions of UNCITRALArbitration Rules. TheArbitral Tribunal shall consistof three Arbitrators one eachto be appointed by theEmployer and the Contractor.The third Arbitrator shall bechosen by the two Arbitratorsso appointed by the Parties,and shall act a presidingArbitrator. In case of failureof the two Arbitratorsappointed by the parties toreach upon a consensuswithin a period of 30 daysfrom the appointment of theArbitrator appointed, thePresiding Arbitrator shall beappointed by the *IndianCouncilofArbitration/President of theInstitution of Engineers(India)/The InternationalCentre for AlternativeDisputes Resolution (India).357 Section IX. Particular Conditions


Conditions Sub-Clause Data(c)If one of the parties fails toappoint its Arbitrator inpursuance of sub-clause (a)and (b) above within 30 daysafter receipt of the notice ofthe appointment of itsArbitrator by the other party,then the *Indian Council ofArbitration/President of theInstitution of Engineers(India)/The InternationalCentre for AlternativeDisputes Resolution (India),both in cases of ForeignContractor as well as IndianContractor, shall appoint theArbitrator. A certified copy ofthe order of the * IndianCouncilofArbitration/President of theInstitution of Engineers(India)/The InternationalCentre for AlternativeDisputes Resolution (India),making such an appointmentshall be furnished to each ofthe parties.(d)Arbitration proceedings shallbe held at Hyderabad India,and the language of thearbitration proceedings andthat of all documents andcommunications between theparties shall be English.358 Section IX. Particular Conditions


Conditions Sub-Clause Data(e)The decision of the majorityof Arbitrators shall be finaland binding upon bothparties. The cost andexpenses of Arbitrationproceedings will be paid asdetermined by the arbitraltribunal. However, theexpenses incurred by eachparty in connection with thepreparation, presentation, etc.of its proceedings as also thefees and expenses paid tothe Arbitrator appointed bysuch party or on its behalfshall be borne by each partyitself.(f) Where the value of thecontract is Rs.50 millions andbelow, the disputes ordifferences arising shall bereferred to the Sole Arbitrator.The Sole Arbitrator should beappointed by agreementbetween the parties; failingsuch agreement, by theappointing authority, namelythe * Indian Council ofArbitration/President of theInstitution of Engineers(India)/The InternationalCentre for AlternativeDisputes Resolution (India).Performance under the contract shallcontinue during the arbitrationproceedings and payments due to thecontractor by the owners shall not bewithheld, unless they are the subjectmatter of the arbitration proceedings.359 Section IX. Particular Conditions


Part B - Specific ProvisionsSub-Clause 14.1The Contract Price(Alternative paragraph)(e) Notwithstanding the provisions of subparagraph (b),Contractor's Equipment, including essential spare partstherefore, imported by the Contractor for the sole purposeof executing the Contract shall be temporarily exemptfrom the payment of import duties and taxes upon initialimportation, provided the Contractor shall post with thecustoms authorities at the port of entry an approvedexport bond or bank guarantee, valid until the Time forCompletion plus six months, in an amount equal to thefull import duties and taxes which would be payable onthe assessed imported value of such Contractor'sEquipment and spare parts, and callable in the event theContractor's Equipment is not exported from the Countryon completion of the Contract. A copy of the bond orbank guarantee endorsed by the customs authorities shallbe provided by the Contractor to the Employer upon theimportation of individual items of Contractor'sEquipment and spare parts. Upon export of individualitems of Contractor's Equipment or spare parts, or uponthe completion of the Contract, the Contractor shallprepare, for approval by the customs authorities, anassessment of the residual value of the Contractor'sEquipment and spare part to be exported, based on thedepreciation scale(s and other criteria used by thecustoms authorities for such purposes under theprovisions of the applicable Laws. Import duties andtaxes shall be due and payable to the customs authoritiesby the Contractor on (a) the difference between the initialimported value and the residual value of the Contractor'sEquipment and spare parts to exported; and (b) on theinitial imported value that Contractor's Equipment andspare parts remaining in the Country after completion ofthe Contract. Upon payment of such dues within 28 daysof being invoiced, the bond or bank guarantee shall bereduced or released accordingly; otherwise the securityshall be called in the full amount remaining.360 Section IX. Particular Conditions


APPENDIX-IIIStage wise PaymentsSTAGE WISE PAYMENT: BREAK UP FOR CONSTRUCTION OF ELSRSS.No.Item to be completed.Percentage ofpaymentCumulativepercentage ofpayment1Raft foundation and columnsup to ground level andfoundation for staircase20% 20%2Up to bottom ring beam leveland dog legged staircase20% 40%upto ring beam3Bottom ring beam, bottomdome and dog legged25% 65%staircase4 Side wall 13% 78%5 Top dome/slab and staircaseFixing of all accessories, inletand outlet arrangements and6 testing, painting etc.,complete12% 90%10% 100%PAYMENT BREAK UP FOR DI PIPES:S.No.Criteria to be fulfilled.1 Supply, delivery of pipes to site of work in goodcondition as envisaged in bill of quantitiesPercentage ofpayment.75% of cost of pipes2 Laying and jointing of pipes 15% of cost of pipes3 Completion of Hydraulic field testing of pipes refillingwith excavated soils as directed by the Departmentalauthorities10% of cost of pipes361 Section IX. Particular Conditions


Section X. Annex to the Particular Conditions- Contract FormsTable of FormsNotification of Award ............................................................................................................363Contract Agreement ...............................................................................................................364Performance Security .............................................................................................................366Advance Payment Security ....................................................................................................370Retention Money Security .....................................................................................................372362


Notification of AwardLETTER OF ACCEPTANCE[letterhead paper of the Employer][date]To: [name and address of the Contractor]This is to notify you that your Bid dated [date] for execution of the [name of the Contractand identification number, as given in the Contract Data] for the Accepted Contract Amountof the equivalent of [amount in numbers and words] [name of currency], as corrected andmodified in accordance with the Instructions to Bidders, is hereby accepted by our Agency.You are requested to furnish the Performance Security within 28 days in accordance with theConditions of Contract, using for that purpose one of the Performance Security Formsincluded in Section IX, Annex to the Particular Conditions - Contract Forms, of the BiddingDocumentsAuthorized Signature:Name and Title of Signatory:Name of Agency:Attachment: Contract Agreement363 User’s Guide – Procurement of Works Section X. Contract Forms


Contract AgreementTHIS AGREEMENT made the ________ day of ________________________, _____,between ______________________________________of __________________________(hereinafter “the Employer”), of the one part, and ______________________ of_____________________ (hereinafter “the Contractor”), of the other part:WHEREAS the Employer desires that the Works known as_______________________________ should be executed by the Contractor, and hasaccepted a Bid by the Contractor for the execution and completion of these Works and theremedying of any defects therein,The Employer and the Contractor agree as follows:1. In this Agreement words and expressions shall have the same meanings as arerespectively assigned to them in the Contract documents referred to.2. The following documents shall be deemed to form and be read and construed as partof this Agreement. This Agreement shall prevail over all other Contract documents.(i)theLetter of Acceptance(ii) theLetter of Bid(iii) the addenda Nos ________(if any)(iv) the Particular Conditions(v) the General Conditions;(vi) theSpecification(vii) theDrawings; and(viii) thecompletedSchedules,3. In consideration of the payments to be made by the Employer to the Contractor asspecified in this Agreement, the Contractor hereby covenants with the Employer to executethe Works and to remedy defects therein in conformity in all respects with the provisions ofthe Contract.4. The Employer hereby covenants to pay the Contractor in consideration of theexecution and completion of the Works and the remedying of defects therein, the ContractPrice or such other sum as may become payable under the provisions of the Contract at thetimes and in the manner prescribed by the Contract.364 User’s Guide – Procurement of Works Section X. Contract Forms


IN WITNESS whereof the parties hereto have caused this Agreement to be executed inaccordance with the laws of _____________________________ on the day, month and yearspecified above.Signed by ________________________________________________ (for the Employer)Signed by __________________________________________________ (for the Contractor)365 User’s Guide – Procurement of Works Section X. Contract Forms


Performance SecurityOption 1: (Demand Guarantee)_______________________________Beneficiary: ___________________Date: ________________PERFORMANCE GUARANTEE No.:_________________Guarantor: _____________________________________We have been informed that ________________ (hereinafter called "the Applicant") hasentered into Contract No. _____________ dated ____________ with the Beneficiary, for theexecution of _____________________ (hereinafter called "the Contract").Furthermore, we understand that, according to the conditions of the Contract, a performanceguarantee is required.At the request of the Applicant, we as Guarantor,hereby irrevocably undertake to pay theBeneficiary any sum or sums not exceeding in total an amount of ___________(), 1 such sum being payable in the types and proportions of currencies in which the ContractPrice is payable, upon receipt by us of the Beneficiary’s complying demand supported by theBeneficiary’s statement, whether in the demand itself or in a separate signed documentaccompanying or identifying the demand, stating that the Applicant is in breach of itsobligation(s) under the Contract, without the Beneficiary needing to prove or to showgrounds for your demand or the sum specified therein.This guarantee shall expire, no later than the …. Day of ……, 2… 2 , and any demand forpayment under it must be received by us at this office indicated above on or before that date.12The Guarantor shall insert an amount representing the percentage of the Accepted Contract Amountspecified in the Letter of Acceptance, less provisional sums, if any, and denominated either in thecurrency(cies) of the Contract or a freely convertible currency acceptable to the Beneficiary.Insert the date twenty-eight days after the expected completion dateas described in GC Clause 11.9. TheEmployer should note that in the event of an extension of thisdate for completion of the Contract, theEmployer would need to request an extension of this guarantee from the Guarantor. Such request must bein writing and must be made prior to the expiration date established in the guarantee. In preparing thisguarantee, the Employer might consider adding the following text to the form, at the end of the penultimateparagraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed366 User’s Guide – Procurement of Works Section X. Contract Forms


This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)is hereby excluded._____________________[signature(s)]Note: All italicized text (including footnotes) is for use in preparing this form and shall bedeleted from the final product.[six months][one year], in response to the Beneficiary’s written request for such extension, such request tobe presented to the Guarantor before the expiry of the guarantee.”367 User’s Guide – Procurement of Works Section X. Contract Forms


Option 2: Performance BondBy this Bond____________________ as Principal (hereinafter called “the Contractor”)and______________________________________________________________] as Surety(hereinafter called “the Surety”), are held and firmly bound unto_____________________]as Obligee (hereinafter called “the Employer”) in the amount of __________________, forthe payment of which sum well and truly to be made in the types and proportions ofcurrencies in which the Contract Price is payable, the Contractor and the Surety bindthemselves, their heirs, executors, administrators, successors and assigns, jointly andseverally, firmly by these presents.WHEREAS the Contractor has entered into a written Agreement with the Employer dated theday of , 20 , for ___________________ inaccordance with the documents, plans, specifications, and amendments thereto, which to theextent herein provided for, are by reference made part hereof and are hereinafter referred toas the Contract.NOW, THEREFORE, the Condition of this Obligation is such that, if the Contractor shallpromptly and faithfully perform the said Contract (including any amendments thereto), thenthis obligation shall be null and void; otherwise, it shall remain in full force and effect.Whenever the Contractor shall be, and declared by the Employer to be, in default under theContract, the Employer having performed the Employer’s obligations thereunder, the Suretymay promptly remedy the default, or shall promptly:(1) complete the Contract in accordance with its terms and conditions; or(2) obtain a Bid or bids from qualified Bidders for submission to the Employer forcompleting the Contract in accordance with its terms and conditions, and upondetermination by the Employer and the Surety of the lowest responsive Bidder,arrange for a Contract between such Bidder and Employer and make available aswork progresses (even though there should be a default or a succession of defaultsunder the Contract or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the Balance of the ContractPrice; but not exceeding, including other costs and damages for which the Suretymay be liable hereunder, the amount set forth in the first paragraph hereof. Theterm “Balance of the Contract Price,” as used in this paragraph, shall mean thetotal amount payable by Employer to Contractor under the Contract, less theamount properly paid by Employer to Contractor; or(3) pay the Employer the amount required by Employer to complete the Contract inaccordance with its terms and conditions up to a total not exceeding the amount ofthis Bond.The Surety shall not be liable for a greater sum than the specified penalty of this Bond.368 User’s Guide – Procurement of Works Section X. Contract Forms


Any suit under this Bond must be instituted before the expiration of one year from the date ofthe issuing of the Taking-Over Certificate.No right of action shall accrue on this Bond to or for the use of any person or corporationother than the Employer named herein or the heirs, executors, administrators, successors, andassigns of the Employer.In testimony whereof, the Contractor has hereunto set his hand and affixed his seal, and theSurety has caused these presents to be sealed with his corporate seal duly attested by thesignature of his legal representative, this day of 20 .SIGNED ONon behalf ofByin the capacity ofIn the presence ofSIGNED ONon behalf ofByin the capacity ofIn the presence of369 User’s Guide – Procurement of Works Section X. Contract Forms


Advance Payment SecurityDemand Guarantee________________________________Beneficiary: ___________________Date: ________________ADVANCE PAYMENT GUARANTEE No.:_________________Guarantor: _________________________________We have been informed that ________________ (hereinafter called “the Applicant”) hasentered into Contract No. _____________ dated ____________ with the Beneficiary, for theexecution of _____________________ (hereinafter called "the Contract").Furthermore, we understand that, according to the conditions of the Contract, an advancepayment in the sum ___________ ()is to be made against an advance payment guarantee.At the request of the Applicant, we as Guarantor,hereby irrevocably undertake to pay theBeneficiary any sum or sums not exceeding in total an amount of ___________() 1 upon receipt by us of the Beneficiary’s complying demand supported by the Beneficiary’sstatement, whether in the demand itself or in a separate signed document accompanying oridentifying the demand, stating either that the Applicant:(a) has used the advance payment for purposes other than the costs of mobilization inrespect of the Works; or(b) has failed to repay the advance payment in accordance with the Contract conditions,specifying the amount which the Applicant has failed to repay.A demand under this guarantee may be presented as from the presentation to the Guarantorof a certificate from the Beneficiary’s bank stating that the advance payment referred toabove has been credited to the Applicant on its account number ___________ at_________________..1The Guarantor shall insert an amount representing the amount of the advance payment and denominatedeither in the currency(ies) of the advance payment as specified in the Contract, or in a freely convertiblecurrency acceptable to the Employer.370 User’s Guide – Procurement of Works Section X. Contract Forms


The maximum amount of this guarantee shall be progressively reduced by the amount of theadvance payment repaid by the Applicant as specified in copies of interim statements orpayment certificates which shall be presented to us. This guarantee shall expire, at the latest,upon our receipt of a copy of the interim payment certificate indicating that ninety (90)percent of the Accepted Contract Amount, less provisional sums, has been certified forpayment, or on the ___ day of _____, 2___, 2 whichever is earlier.Consequently, any demandfor payment under thisguarantee must be received by us at this office on or before that date..This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010Revision, ICC Publication No. 478.____________________[signature(s)]Note: All italicized text (including footnotes) is for use in preparing this form and shall bedeleted from the final product.2Insert the expected expiration date of the Time for Completion. The Employer should note that in the eventof an extension of the time for completion of the Contract, the Employer would need to request an extensionof this guarantee from the Guarantor. Such request must be in writing and must be made prior to theexpiration date established in the guarantee. In preparing this guarantee, the Employer might consideradding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to aone-time extension of this guarantee for a period not to exceed [six months][one year], in response to theBeneficiary’s written request for such extension, such request to be presented to the Guarantor before theexpiry of the guarantee.”371 User’s Guide – Procurement of Works Section X. Contract Forms


Retention Money SecurityDemand Guarantee________________________________ [Guarantor letterhead or SWIFT identifier code]Beneficiary: ___________________ [Insert name and Address of Employer]Date: ________________[Insert date of issue]RETENTION MONEY GUARANTEE No.:[Insert guarantee reference number]Guarantor: [Insert name and address of place of issue, unless indicated in the letterhead]We have been informed that ________________ [insert name of Contractor, which in the case of ajoint venture shall be the name of the joint venture] (hereinafter called "the Applicant") has enteredinto Contract No. _____________ [insert reference number of the contract]dated ____________with the Beneficiary, for the execution of _____________________ [insert name of contract andbrief description of Works](hereinafter called "the Contract").Furthermore, we understand that, according to the conditions of the Contract, the Beneficiaryretains moneys up to the limit set forth in the Contract (“the Retention Money”), and thatwhen the Taking-Over Certificate has been issued under the Contract and the first half of theRetention Money has been certified for payment, payment of [insert thesecond half of theRetention Moneyorifthe amount guaranteed under the Performance Guarantee when theTaking-Over Certificate is issued is less than half of the Retention Money,thedifferencebetween half of the Retention Money and the amount guaranteed under the PerformanceSecurity] is to be made against a Retention Money guarantee.At the request of the Applicant, we,as Guarantor, hereby irrevocably undertake to pay theBeneficiary any sum or sums not exceeding in total an amount of ___________ [insert amountin figures]()[amount in words] 1 upon receipt by us of the Beneficiary’s complying demandsupported by the Beneficiary’s statement, whether in the demand itself or in a separate signeddocument accompanying or identifying the demand, stating that the Applicant is in breach of1The Guarantor shall insert an amount representing the amount of the second half of the Retention Moneyor or if the amount guaranteed under the Performance Guarantee when the Taking-Over Certificate isissued is less than half of the Retention Money, the difference between half of the Retention Money and theamount guaranteed under the Performance Security and denominated either in the currency(ies) of thesecond half of the Retention Money as specified in the Contract, or in a freely convertible currencyacceptable to the Beneficiary.372 User’s Guide – Procurement of Works Section X. Contract Forms


its obligation(s) under the Contract,without your needing to prove or show grounds for yourdemand or the sum specified therein.A demand under this guarantee may be presented as from the presentation to the Guarantorof a certificate from the Beneficiary’s bank stating that the second half of the RetentionMoney as referred to above has been credited to the Applicant on its account number___________ at _________________ [insert name and address of Applicant’s bank].This guarantee shall expireno later than the …. day of ……, 2… 2 , and any demand forpayment under it must be received by us at the office indicated above on or before that date.This guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010Revision, ICC Publication No. 758, except that the supporting statement under Article 15(a)is hereby excluded.____________________[signature(s)]Note: All italicized text (including footnotes) is for use in preparing this form and shall bedeleted from the final product.2Insert the same expiry date as set forth in the performance security, representing the date twenty-eight daysafter the completion date described in GC Clause 11.9. The Employer should note that in the event of anextension of thisdatefor completion of the Contract, the Employer would need to request an extension ofthis guarantee from the Guarantor. Such request must be in writing and must be made prior to theexpiration date established in the guarantee. In preparing this guarantee, the Employer might consideradding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to aone-time extension of this guarantee for a period not to exceed [six months][one year], in response to theBeneficiary’s written request for such extension, such request to be presented to the Guarantor before theexpiry of the guarantee.”373 User’s Guide – Procurement of Works Section X. Contract Forms

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