E-TENDER DOCUMENT

For
PROVIDING AND APPLYING WATERPROOFING
TREATMENT FOR PLANETARIUM AT RSC & P, CALICUT

VISVESVARAYA INDUSTRIAL AND TECHNOLOGICAL

MUSEUM
Kasturba Road, Bengaluru - 01

A unit of
NATIONAL COUNCIL OF SCIENCE MUSEUMS
(MINISTRY OF CULTURE, GOVT. OF INDIA)
BLOCK-GN, SECTOR-V, BIDHAN NAGAR
KOLKATA – 700 091 INDIA
 Contents

1. Instructions to the Tenderers/Bidders for E-Submission of Bids online

through Central Public Procurement portal Site

2. Notice Inviting E-Tender

3. General Conditions of Contract

4. Annexure “A” – Declaration of Litigation or Arbitration

5. Annexure “B” – Declaration 1, Declaration 2 and Undertaking

6. Annexure “C” – Prequalification form

7. Instruction to read before filling “Annexure C”

8. Annexure “D” – Special condition of contract

9. Bill of quantities for providing and applying waterproofing treatment for

Planetarium at RSC & P, Calicut

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INSTRUCTIONS TO THE TENDERERS/BIDDERS FOR E-SUBMISSION OF BIDS
ONLINE THROUGH E-PROCUREMENT SITE https://eprocure.gov.in/eprocure/app

This tender document has been published on the Central Public Procurement (CPP) Portal
(URL: https://eprocure.gov.in/eprocure/app). The tenderers/bidders are required to submit
soft copies of their bids electronically on the CPP Portal, using valid Digital Signature
Certificates (DSC). The instructions given below are meant to assist the tenderers/bidders in
registering on the CPP Portal, prepare their bids in accordance with the requirements and
submitting their bids online on the CPP Portal. More information useful for submitting
online bids on the CPP Portal may be obtained at: https://eprocure.gov.in/eprocure/app

REGISTRATION
1) Tenderers/bidders are required to enrol on the e-Procurement module of the Central
Public Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking
on the link “Click here to Enrol” on the CPP Portal. Enrolment is free of Charge.
2) As part of the enrolment process, the tenderers/bidders will be required to choose a
unique username and assign a password for their accounts.
3) Tenderers/bidders are advised to register their valid email address and mobile
numbers as part of the registration process. These would be used for any
communication from the CPP Portal.
4) Upon enrolment, the tenderers/bidders will be required to register their valid Digital
Signature Certificate (Class II or Class III Certificates with signing key usage) issued
by any Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode /
eMudhra etc.), with their profile.
5) Only one valid DSC should be registered by tenderers/bidders. Please note that the
tenderers/bidders are responsible to ensure that they do not lend their DSC‟s to
others which may lead to misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID &
password and the password of the DSC / e-Token.

SEARCHING FOR TENDER DOCUMENTS

1) There are various search options built in the CPP Portal, to facilitate
tenderers/bidders to search active tenders by several parameters. These parameters
could include organization name, location, date, value, etc. There is also an option of
„Advanced Search‟ for tenders, wherein the tenderers/bidders may combine a
number of search parameters such as organization name, form of contract, location,
date, other keywords etc. to search for a tender published on the CPP Portal.
2) Once the tenderers/bidders have selected the tenders they are interested in, they may
download the required documents / tender schedules. These tenders can be moved to
the respective “My Tenders” folder. This would enable the CPP Portal to intimate the
tenderers/bidders through SMS / e-mail in case there is any corrigendum issued to
the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each tender, in
case they want to obtain any clarification / help from the Helpdesk.

PREPARATION OF BIDS
1) Tenderer/bidder should take into account any corrigendum published on the tender
document before submitting their bids. Please go through the tender advertisement
and the tender document carefully to understand the documents required to be
submitted as part of the bid. Please note the number of covers in which the bid
documents have to be submitted, the number of documents - including the names and
contents of each of the documents that need to be submitted.
2) Bidder, in advance, should get ready the bid documents to be submitted as indicated
in the tender document / schedule and generally they can be in PDF / XLS / RAR /

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 DWF formats as mentioned. Bid documents may be scanned with 100 dpi with
black and white option.
3) To avoid the time and efforts required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a provision of
uploading such standard documents (e.g. PAN card copy, annual reports, auditor
certificates etc.) has been provided to the tenderers/bidders. Tenderers/bidders can
use “My Space” area available to them to upload such documents. These documents
may be directly submitted from the “My Space” area while submitting the bid just by
tagging and need not be uploaded again and again. This will lead to a reduction in the
time required for bid submission process.

4) SUBMISSION OF BIDS

1) Tenderer/bidder should log into the site well in advance for bid submission so that
he/she uploads the Bid in time i.e. on or before the bid submission time as per the
system. Bidder will be responsible for any delay due to other issues.
2) Tenderer/bidder has to digitally sign and upload the required bid documents one by
one as indicated in the tender document.
3) Tenderer/bidder has to select the payment option as “offline” to pay the Tender Fee
& EMD and enter details of DD/any other accepted instrument.
4) Tenderer/bidder should prepare the TENDER FEE & EMD instrument as per the
instructions specified in the tender document. Scanned copy of DD/any other
acceptable instrument as mentioned towards EMD & Tender Fee should be uploaded
while online submission of the tender and the original should be
posted/couriered/given in person to the Tender Processing Section latest by the last
date and time of bid submission or as specified in the tender documents. The details
of the DD/any other accepted instrument, physically sent, should tally with the details
available in the Scanned copy and the data entered during bid submission time
otherwise the Tender will be summarily rejected.
5) The Tender Inviting Authority (TIA) will not be held responsible for any sort of
delay or the difficulties faced during the submission of bids online by the
tenderers/bidders. The bidder should see that the bid documents submitted should be
free from virus and if the documents could not be opened, due to virus, during tender
opening, the bid is liable to be rejected
6) Tenderers/bidders are requested to note that they should necessarily submit their
financial bids in the format provided and no other format is acceptable. The price bid
has been given as a standard Rate Quote Sheet (Percentage BOQ Template) (.xls
format) with the tender document, which is to be downloaded and to be filled by all
the tenderers/bidders. Tenderers/bidders are required to download the Rate Quote
Sheet (Percentage BoQ Template) file, open it and complete the green colored
(unprotected) cells with their respective financial quotes and other details (such as
name of the Tenderer/bidder). No other cells should be changed. Once the details
have been completed, the tenderer/bidder should save it and submit it online, without
changing the filename. If the Rate Quote Sheet (Percentage BOQ Template) file is
found to be modified by the tenderer/bidder, the bid will be rejected. In e-Tendering,
intending tenderer/bidder can quote their rate in figures only. The total amount is
generated automatically. Therefore, the rate quoted by the tenderer/bidder in figures
shall be taken as correct. The Comparative Statement is also generated automatically
by the system. The Comparative Statement and rate quoted by each tenderer/bidder
shall be downloaded. The manual calculation check of tenders/bids and
Comparative Statement, shall be final. In case, any discrepancy is noticed, the
decision of appropriate VITM authority shall be final and binding.

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 7) The server time (which is displayed on the tender‟s/bidder‟s dashboard) will be
considered as the standard time for referring the deadlines for submission of the bids
by the tenderers/bidders, opening of bids etc. The tenderers/bidders should follow
this time during bid submission. The tenderers/bidders are requested to submit the
tenders/bids through online e-tendering system to the Tender Inviting Authority
(TIA) well before the bid submission end date & time (as per Server System Clock).
8) All the documents being submitted by the tenderers/bidders would be encrypted
using PKI encryption techniques to ensure the secrecy of the data. The data entered
cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128 bit
encryption technology. Data storage encryption of sensitive fields is done.
9) The uploaded tender documents become readable only after the tender opening by
the authorized tender/bid openers.
10) Upon the successful and timely submission of tenders/bids, the portal will give a
successful tender/bid submission message & a tender/bid summary will be displayed
with the NIT/tender/bid no. or Name of Work and the date & time of submission of
the tender/bid with all other relevant details.
11) The tender/bid summary has to be printed and kept as an acknowledgement of
the submission of the bid. This acknowledgement may be used as an entry pass
for any tender/bid opening meetings.

ASSISTANCE TO TENDERERS/BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority(TIA),
VISVESVARAYA INDUSTRIAL AND TECHNOLOGICAL MUSEUM,
Kasturba Road, Bengaluru, Karnataka 560 001 Ph. 080–22854343/1572/2607,
Fax- 080-2285 9895Email at: www.vitmuseum.gov.in
2) Any queries relating to the process of online bid submission or queries relating to
CPP Portal in general may be directed call to the 24x7 CPP Portal Helpdesk Ph.
1800-3070-2232.

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 NOTICE INVITING e-TENDER
(e-NIT)
No.28(19)/2024-25/RSCPC/W/ 29.11.2024

1. The Visvesvaraya Industrial and Technological Museum is a constituent unit under the
National Council of Science Museums, Kolkata* (*hereinafter referred to as the
Museum/Centre)

2. Online e-tenders (Percentage Rate Bid) are hereby invited from reputed and experienced
Engineering/Technical contractors capable of carrying out the work of “providing and
applying waterproofing treatment for Planetarium at RSC & P, Calicut” with excellent
finishing quality of waterproofing work and having adequate past experience during the
preceding seven years in successfully executing works of similar nature referred hereinabove.
Documents are to be submitted online to the Central Public Procurement Portal website
https://eprocure.gov.in/eprocure/app before the prescribed date & time, using the valid
Digital Signature certificate (DSC) obtained from the authorized agencies of NIC & valid
GST registration no.

3. Above work primarily comprises of building repair civil works of Removal of the existing
Mangalore tiles on sloped roof and stacking reusable one and scrapping the unserviceable,
Clean the sloped concrete surface including filling of cracks and pot holes if any Applying
waterproofing system comprising of 5 coats in combination of Butadine Rubber & polymer
cement, Butadine rubber, Alumina mica ceramic powder & White cement, a penetration
sealer and polyurethane mixed with micro sphere final coat is adopted, as it is giving
effective result in our other science centres, Relaying of existing Mangalore clay tile and
Providing new Mangalore clay tiles based on the requirement, Considering the amount of
rainfall in this locality, it is proposed to provide rain water down pipe for proper disposal of
rainwater and allied works etc., (refer tender drawings & BOQ)

4. The place of work would be Regional Science Centre and Planetarium, Near Jaffarkhan
Colony, Calicut- 673006.
Important Information & Dates:
Estimated cost of work Rs.13,28,505/-
EMD Amount Rs.33,200/-
Period of completion of work 45 Days
Bid Document Publishing Date & Time November 29, 2024 (As per portal time)
Bid Document Download Start Date & November 29, 2024 (As per portal time)
Time
Bid Document Download End Date & December 19, 2024 (As per portal time)
Time
Bid submission Start Date & Time November 29, 2024 (As per portal time)
Bid submission End Date & Time December 19, 2024 till 02:00 PM
Bid Opening (Technical) Date & Time December 20, 2024 at 3:00 PM

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5. The intending tenderers/bidders must read the terms and conditions of VITM carefully.
They should only submit their bid if they consider themselves eligible and if they are in
possession of all the documents required.

6. ELIGIBILITY CRITERIA:
The agency must fulfil the criteria mentioned below and submit the documents in support
of the following:
6.1 Financial: -

6.1.1 Average Financial Turnover during the last 03 (three) years should be at least 50%
of the value of the estimated project cost.

6.2 Technical (For Construction):-

6.2.1 Registration/Empanelment with other Govt. Departments/Agencies, if any. Please provide

proof of registration / empanelment.

6.2.2 The agency should have experience of having successfully executed similar works with
Central / State Govt. Departments, PSUs, Autonomous Bodies, Reputed Private Sector (BSE
/NSE listed), during the last 07 (seven) years ending previous day of last date of submission
of tenders: -

3(three) similar completed works (at least one of them should be in Central Government /
Central Autonomous Bodies/ State PWD/ Central Public Sector Undertakings) each costing
not less than 40% of estimated cost.
OR
2(two) similar completed works (at least one of them should be in Central Government /
Central Autonomous Bodies/ State PWD / Central Public Sector Undertakings) each costing
not less than 60% of the estimated cost.
OR
1(one) similar completed work (in Central Government/ Central Autonomous Bodies/ State
PWD/ Central Public Sector Undertakings) of aggregate cost not less than 80% of the
estimated cost.

7. The intending bidder must read the terms and conditions of NCSM carefully. He should only
submit his bid if he considers himself eligible and if he is in possession of all the documents
required.

8. Information and Instructions for bidders posted on website shall form part of bid document.

9. The bid document consisting of plans, specifications, schedule of quantities of various types
of items to be executed and the set of Terms and Conditions of the contract to be complied
with and other necessary documents can be seen and downloaded from
https://eprocure.gov.in/eprocure/app free of cost.

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10. Out of the online bid documents submitted by intending tenderers/bidders, the technical bids
of only of those tenderers/bidders shall be opened, who have deposited Earnest Money
Deposit as specified duly scanned, uploaded and found in order. And the financial bids of
only those tenderers/bidders shall be opened when they uploaded documents are found to be
in order.

11. Those contractors not registered on the website mentioned above, are required to get
themselves registered beforehand.

12. The intending tenderer/bidder must have valid Class II or Class III Certificates with signing
key usage (DSC) to submit the bid.

13. The e-Tenders are invited under two envelopes system. The first electronic envelope will be
named as Technical Envelope & will contain documents of tenderer‟s/bidder‟s satisfying the
eligibility conditions, scanned copies of EMD, NIT, etc. and the second electronic envelope
will be named as Financial Envelope containing Rate Quote Sheet. The bidder shall submit
TECHNICAL BID ENVELOPE and FINANCIAL BID ENVELOPE simultaneously. The
technical bids will be evaluated first and thereafter financial bids of only the eligible
tenderers/bidders shall be opened. These envelopes shall contain one set of the following
documents:-

a) TECHNICAL BID ENVELOPE shall contain the following documents:

i) Scanned copy of Demand Draft / Pay order or Banker`s Cheque of any Nationalised /
Scheduled Bank / Online payment transfer receipt towards Earnest Money Deposit (EMD)
@2.5% of the tender value in .pdf format in favour of “The Director, VITM” payable at
Bengaluru.

Details of Bank account is as under:

Name of the Account Holder Visvesvaraya Industrial and Technological
Museum, Bangalore
Account No. 10977253413
IFSC Code SBIN0000813
Branch St. Marks Road, Bengaluru
Bank Name STATE BANK OF INDIA

ii) Scanned copy of Enlistment Order/Registration certificate/GST registration certificate

with appropriate Authority as applicable in pdf format, if any.

iii) Scanned copies of specific WORK EXPERIENCE CERTIFICATES/ WORK

COMPLETION CERTIFICATE along with Work Order/Letter of intent issued by Govt.
/Semi-Govt. /Autonomous/PSUs and/or Reputed Institution of requisite magnitude with
appropriate Authority as per the NIT in pdf format.

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 iv) Scanned copy of UNDERTAKING (as per “Annexure – A”), duly signed with company
seal in pdf format
v) Scanned copy of UNDERTAKING (as per “Annexure – B”) duly signed with company
seal in pdf format which also includes the undertaking that "The physical Documents shall
be deposited by me/us with the office of VITM calling the bid before the bid opening date
otherwise the department may reject the tender/bid and also take action to withdraw
my/our enlistment/debar me/us from further tendering in VITM or any of its constituent
units."
vi) Scanned copy of duly filled up Pre-qualification form attached as “Annexure – C”,
“Annexure – D” and to be submitted along with enclosures (including past 3 months
GST return filing documents/acknowledgment).
vii) E-Tender Document (NIT) comprising of general terms and conditions, specifications and
all pages, in pdf format (NITXXXXX.pdf file) digitally signed and uploaded.

b) FINANCIAL BID ENVELOPE shall contain:

(i) Rate Quote Sheet (Percentage BoQ Template) in .xls format. Bidders may quote their
percentage rate in this envelope. (Rate shall be quoted inclusive of GST etc. as
applicable)

12. E-tenders which do not fulfil any of the above conditions or are incomplete in any respect are
liable for summary rejection.

13. The Museum/Centre does not bind itself to accept the lowest e-tender/bid and the right to reject
or accept any or all the e-tenders/bids, e-tendered items or schedules received without
assigning any reason whatsoever.

14. Canvassing in connection with e-tenders/bids is strictly prohibited and the e-tenders/bids
submitted by the tenderers/bidders that resort to canvassing will be liable for rejection on that
ground alone.

15. E-tenders incorporating additional conditions are liable to be rejected.

16. The tenderer(s) must declare in writing that neither he nor any of them is in anyway related to
any officer in the National Council of Science Museums, Kolkata, or any of its constituent
units as per the format given in Annexure – “A”

17. Tax like GST etc. or duties on materials, freight & transit Insurance F.O.R. site in
respect of this contract will be payable by the successful tenderer. Nothing extra will be
payable for increase in such taxes or duties even if imposed or levied either before or after the
e-tenders are opened or during currency of contract.

18. Before submitting the e-tender, the tenderer shall examine all specifications, drawings,
conditions of contract and inspect the site if necessary. The e-tender must be balanced in
respect of individual items so that the rates quoted shall remain in force even if the quantities
deviate (increase or decrease) to any extent before or during the execution of the work. The
successful tenderer/bidder shall be paid at their net rate quoted.

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19. For the purpose of opening of the e-tenders/bids as described in Clause 11 of the Notice
Inviting e-tender it is clarified that only on possessing the following documents physically at
VITM, Bengaluru before the bid opening date, the Technical Bid Envelope of respective
bidder will be opened.

1. EMD instrument such as Demand Draft / Pay order or Banker`s Cheque of any
Nationalised / Scheduled Bank / Online payment transfer receipt towards Earnest
Money Deposit
2. Annexure A, B, C and D printed on letter head

After the authority is satisfied that the documents in the Technical Bid Envelope are in order,
the FINANCIAL BID ENVELOPE may be opened, subsequently.

20. It may be noted that the Technical Bid Envelope which are not found in order as per VITM‟s
requirements may be summarily rejected.

21. The contractor will be suspended from being eligible for bidding / award of all future
contracts VITM and its constituent units for a period of one year, if the successful e-
tenderer/bidder selected for the work fails to sign the formal agreement within 15 days from
the date of issue of Letter of Intent to them by the Museum/Centre.

22. The selected tenderer will be issued a Letter of Intent by the Museum/Centre and given 15 days
mobilisation time which shall be counted from the date of issue of the Letter of Intent. Within
the mobilisation time the tenderer must scrutinise all the working drawings, CPM/PERT/BAR
CHART, specifications, etc. and obtain clarifications from the Architect wherever necessary
and submit a revised BAR CHART if required by the Museum/Centre. During the
mobilisation time, the tenderer shall also mobilise all their resources including men and
materials, obtain the supply of water and electricity necessary for construction, erect a
temporary cement godown at site if necessary and sign an Agreement with Museum/Centre in
approved format at site on a non-judicial stamp paper of proper denomination. The date of
commencement of work shall be the date of issue of Letter of Intent.

23. The validity period of the e-tender shall be at least 03 (THREE) months from the date of
opening of e-tenders. This period may be extended with mutual consent if the decision
regarding issue of Letter of Intent is delayed for any reason.

-x-x-x-

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 Appendix to NIT

1. SUMMARY CONDITIONS OF CONTRACT

Defect Liability Period : One year from the date of virtual completion as
certified by the Museum/Centre.

Time for Completion : 45 Days from the date of Letter of Intent as per
NIT Clause 5 read with NIT Clause 23.

Minimum value of work for Interim : One lakh or less at the discretion of the
Certificate Museum/Centre but not more than one running
bill in a fortnight.

Earnest Money to be deposited with : Rs.33,200/- (being 2.5% of the estimated value
the e-tender of tender, rounded off to nearest hundred).

Liquidated damages for non- : One percent per week of the total cost of the
completion of work in time (Clause work awarded subject to a maximum of 10% of
39d of the general conditions of gross value of work done or cost of the work
contract). awarded whichever is greater.

Liquidated damages for insufficient : Half percent per week of the total cost of the
progress of work (Clause 39c of the work awarded subject to a maximum of 10% of
general conditions of Contract). gross value of work done or cost of the work
awarded whichever is greater.

2. RETENTION MONEY FOR INTERIM PAYMENT

i. Retention Money : 10.00% Gross value of work executed (i.e7 % of

the value of work done to be recovered from R.A.
Bills so as to make up 10% of gross value of work
done including Performance Guarantee.).

ii. Performance Guarantee : 3% of cost of work awarded to be deposited on

award of work before signing of agreement
through Online payment transfer / Demand Draft /
Banker‟s cheque issued by a Nationalised Bank,
government security, fixed deposit receipt issued
by nationalized bank to be drawn or duly pledged
as the case be, in favour of the “The Director,
VITM payable at Bengaluru.
Period of submitting final bill by the : 3 months from the date of virtual completion.
successful e-tenderer

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3. ESCALATION CLAUSE

As per Clause 30 of the General Conditions of Contract.

4. MATERIALS TO BE ISSUED (for civil works only)

1. Ordinary Portland cement/

Portland Pozzolana cement
at Rs………………….. per
metric tonne (in non-returnable bags)

2. Tor-Steel Rs…………………………………… Per M.T.

M.S. Round/Bars Rs…………………………………… Per M.T.

5. REMARKS (for civil works only)

Cement shall be issued by the Museum/Centre only for in-situ work or per-cast coffer
slabs and not for preparing mosaic tiles or any other precast work. No white cement shall be
issued by Museum/Centre. Steel rounds from 6 mm diameter and above (and not wire mesh or
smaller size) shall be issued only for in-situ RCC work. No steel shall be issued for pre-cast
work for non RCC work e.g. grills, window frames, door frames, railings, flats and bars etc.
Cement and steel to be delivered by the Museum/Centre at site. It shall be the responsibility of
the successful e-tenderer to erect at site an appropriate shed for proper storage of cement with a
capacity for three months consumption. The stored cement shall be under double lock-with one
key in custody of the successful e-tenderer and the other key in custody of the Museum/Centre so
that the storage shed can be opened only in presence of both together. It shall be the
responsibility of the successful e-tenderer to arrange for electricity and water or any other service
required for construction and to arrange for housing of their own staff outside the site.

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 FORMAT FOR BANK GUARANTEE BOND
(For EMD only)

1. In consideration of the (Name and address of the Museum/Centre) hereinafter called the
Museum/Centre having stipulated under clause 10 of the Notice Inviting E-tender No.
…………….. for the work of (mention name of work as in NIT) at the aforesaid site agreed to
accept payment of Earnest Money for due fulfilment of the terms and conditions contained in the
said NIT (including appendix) for participation in the e-tender from (Name and address of the
prospective e-tenderer) (hereinafter called the prospective e-tenderer) by production of a bank
guarantee of (Mention amount of EMD in figure & words) only, we (Name and address of Bank
furnishing guarantee (Br. Code ……………..) (hereinafter referred to as “The Bank”) do hereby
undertake to pay to the Museum/Centre an amount not exceeding (mention EMD amount in
figure & Words) only against any loss or damage caused to or suffered or would be caused to or
suffered by the Museum/Centre by reasons of any breach by the said prospective e-tenderer of
any of the terms or conditions contained in the said NIT (including appendix) relating to
participation in the e-tender.

2. We, (Name of Bank), do hereby undertake to pay the amounts due and payable under this
guarantee without any demur, merely on a demand from the Museum/Centre stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by
the Museum/Centre under National Council of Science Museums by reasons of any breach by the
said prospective e-tenderer of any of the terms or conditions contained in the said NIT (including
appendix) or by reason of the prospective e-tenderer‟s failure to comply with conditions
contained in the said NIT relating to participation in the e-tender. Any such demand made on the
Bank shall be conclusive as regards the amount due and payable by the bank under this
guarantee. However, our liability under this guarantee, shall be restricted to an amount not
exceeding (mention amount of EMD in figures and words) only.

3. We, (Name of Bank) further agree that the guarantee herein contained shall remain in full force
and effect during the period as mentioned in Clauses 22 and 23 of the said NIT (including
appendix) or the period stipulated under clause 24 for deciding the e-tender and that it shall
continue to be enforceable till the dues of the Museum/Centre under or by virtue of the said NIT
(including appendix) have been fully paid and its claims satisfied or discharged or the
Museum/Centre certified that the terms and conditions of the said NIT (including appendix) have
been fully and properly honoured and carried out by the said prospective e-tenderer for
participation in the e-tender and accordingly discharges the guarantee. Unless a demand or claim
under this guarantee is made on us in writing on or before the periods stipulated above, we shall
be discharged from all liability under this guarantee thereafter.

4. We, (Name of the Bank) further agree with the Museum/Centre that they shall have the fullest
liberty without our consent and without affecting in any manner our obligation hereunder to
extend time of deciding the e-tender as may be expedient and to forbear or enforce any of the
terms and conditions relating to the NIT (including appendix) and we shall not be relieved from
our liability by reason of any such extension being granted to the said proposed e-tenderer for
any forbearance, or act of omission on the part of the Museum/Centre or any indulgence by the
Museum/Centre to the said proposed e-tenderer or by any such matter or thing whatsoever which
under the law relating to surety.

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5. We, (Name of the Bank) lastly undertake not to revoke this guarantee during its currency except
with the previous consent of the Museum/Centre in writing.

Dated, the …………………….. day of ……………..………….

For ……………………………………………..
(Authorised signatory of the Bank with Seal)

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 FORMAT FOR BANK GUARANTEE BOND *
(For Retention Money/Security Deposit only)

1. In consideration of the ………………..……………….……………………………………..

…………………………………………………………..............……….. (hereinafter called “The

Museum/Centre”) having agreed to exempt ………….…………..………………. ..
…………………………………………………………………………………………………..
(Hereinafter called the “successful e-tenderer‟ from the demand, under Clause 10 of the Notice
inviting E-tender No. ……………………………………………………… dated
……………………… and/or the terms and conditions of an Agreement dated
……………………………………. Made between the Museum/Centre and successful e-tenderer(s)
………………………………………………………………………………… for
……………………………………………………………….(hereinafter called “the said agreement”)
of Earnest Money/Retention Money for the due fulfilment by the said Contract(s) of the terms and
conditions contained in the said NIT or the conditions of (execution of work) or the agreement on
production of a bank guarantee of Rs…………………………… (Rupees
…………………………………………………………………………………………………………
………………………………… only), We
……………………..……………………………….(hereinafter referred to as “The Bank”) do hereby
undertake to pay to the Museum/Centre an amount not exceeding
Rs………………………………………..…….. against any loss or damage caused to or suffered or
would be caused to or suffered by the Museum/Centre by reasons of any breach by the said
successful e-tenderer of any of the terms or conditions contained in the said NIT, the conditions of
Contract or the Agreement.
2. We, ………………………………………………………. do hereby undertake to pay the
amounts due and payable under this guarantee without any demur, merely on a demand from the
Museum/Centre stating that the amount claimed is due by way of loss or damage caused to or would
be caused to or suffered by the Museum/Centre under National Council of Science Museums by
reasons of any breach by the said successful e-tenderer of any of the terms or conditions contained in
the said NIT or the conditions of contract or the Agreement or by reason of the successful e-
tenderer‟s failure to perform as per conditions contained the said NIT or the condition of contract or
the Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this guarantee. However our liability under this guarantee shall be
restricted to an amount not exceeding Rs………………………………………………………..
*Note:(Bank guarantee bond towards Retention Money/Security deposit as defined under
clause 32 of the General Conditions of contract at the time of signing of agreement on award
of work acceptable only if furnished by any of the Nationalised Banks.)

14
3. We, …………………………..……………………………………………….. further agree
that the guarantee herein contained shall remain in full force and effect during the period as
mentioned in Clause 22 of the said NIT read with clause 32 of the conditions of contract, or
the period that would be taken for the performance of the said Agreement and that it shall
continue to be enforceable till the dues of the Museum/Centre under or by virtue of the said
NIT or the conditions of contract or the Agreement have been fully paid and its claims
satisfied or discharged or the Museum/Centre certified that the terms and conditions of the
said NIT or the conditions of contract or the Agreement have been fully and properly
honoured and carried out by said successful e-tenderer and accordingly discharges the
guarantee.

Unless a demand or claim under this guarantee is made on us in writing on or before the
…………………………………………………………………..

We shall be discharged from all liability under this guarantee thereafter.

4. We, ………………………………………………………….. further agree with the

Museum/Centre that they shall have the fullest liberty without our consent and without
affecting in any manner our obligation hereunder to vary any of the terms and conditions of
the said Agreement or to extend time of performance by the said successful e-tenderer from
time to time or to postpone for any time or from time to time any of the powers exercisable
by the Museum/Centre against the said successful e-tenderer and to forbear or enforce any of
the terms and conditions relating to the said Agreement and we shall not be relieved from our
liability by reason of any such variation, or extension being granted to the said successful e-
tenderer for any forbearance, or act of omission on the part of the Museum/Centre or any
indulgence by the Museum/Centre to the said successful e-tenderer or by any such matter or
thing whatsoever which under the law relating to surety.

5. We, …………………………………….………………………………………..lastly
undertake not to revoke this guarantee during its currency except with the previous consent of
the Museum/Centre in writing.

Dated, the …………………………………. day of …………………………

For ………………………………………………
(Authorised signatory of the Bank with seal)

15
 FORMAT FOR LETTER OF INTENT*

…………………………………. Date…………….
(Mention file number)

Sub: Letter of Intent for the work of ………………………

Dear Sirs,

With reference to your e-tender dated …………….…………..………(and further

clarification vide letter number ………………………………………….………….. dated
…………………….…….) # it is intended to award the aforesaid work at the e-tendered amount of
`………………………………………………………………………………
(Value based on only items of work intended to be awarded for execution)

You are, therefore, requested to sign an agreement as per standard format already printed in
the e-tender documents purchased by you while e-tendering for this job. For this purpose, you are
requested to send us a non-judicial stamp paper of appropriate value for preparing the contract
Agreement within a week from the date of this letter.

You may avail of 15 days mobilisation time from the date of issue of this letter of Intent for
mobilising your men, materials and other necessary resources for the construction. During
mobilisation period, you are requested to study all the drawings and designs annexed hereto and the
Bar-Chart and obtain clarifications from the architect or this office immediately.

Please note that the work has to be completed within …………………………. weeks/months
in which mobilisation time period of 15 days is also included. The date of commencement of work
would be reckoned as the date of issue of this letter (as per clause 23 of NIT).

Thanking you,

Yours faithfully,

sd/-
Administrative Officer
* To be issued by the Administrative officer of the parent Museum/Centre, viz, B.I.T.M, V.I.T.M.,
NSCM, N.S.C.D., C.R.T.L., Science City, even though the work is to be done in any
RSC/SRSC/DSC.
Letter of intent is to be issued in the letter head of the parent Museums/Centres and a Xerox copy
is to be maintained as office copy on which signature of the authorised representative of the
successful e-tenderer is to be obtained with date at the time of issue of original letter of intent.#
Delete words within brackets if not applicable in specific case.

16
 FORMAT FOR ARTICLES OF AGREEMENT

INSTRUCTIONS (not to be typed in Agreement)

(Articles of Agreement have to be typed on non-judicial stamp paper. The value of the stamp paper
varies from state to state and is to be known from the particular place. The stamp paper will be
purchased by the successful e-tenderer and the agreement may be typed by the Museum/Centre
according to the format.)

ARTICLES OF AGREEMENT made at………………………………………………

…….………………………………………….………………...............................…(Place)
this…………………… day of ………………………………….. between the ..................
(Date) (Month & Year)
…………………………………………………………………………………………………………
……………………………………………………………………..
(Name of the parent Museum/Centre)

(under the National Council of Science Museums, a Society registered under the Societies
Registration Act of West Bengal, 1961), hereinafter referred to as the Museum/Centre which
expression shall include its successors and assigns on the one part
and……………………………………………………………………………………………………
………………………………………………………………………………………………………… (name of
the successful e-tenderer)

trading in the name and style of …………………………………………………………..

………………………………………………………………………………………………
……………………………………………………………………………………………….
……………………………………………………………………………………………….
(Name and complete address of the successful e-tenderer)
hereinafter referred to as the successful e-tenderer which expression shall include his/their respective
heirs, executors, administrators and assigns on the other part.

WHEREAS the Museum/Centre is desirous of getting the work of

…………………………………………………………………………………………..………..……
…………………………………………………… therein done and has caused
(Name of the work)

Notice Inviting E-tender (Including appendix), drawings, schedule of quantities and specifications
describing the work and conditions of contract to be prepared
by…………………………….…………………………………………………………….
…………………………………..…………………………………………………………..…………
……………………………………………………………………………………
(Name and address of the Architect).

AND WHEREAS the said NIT (including appendix) drawings as per list attached, specifications and
the priced schedule of quantities and conditions of contract have been signed by or on behalf of the
parties hereto. AND whereas the Successful e-tenderer has deposited in Cash or Bank Draft/Bank

17
Guarantee a sum of Rupees ………………………
……………………………...................................................................................................
(exact amount in words)
the amount being 3.0% of the estimated value of the e-tender rounded off to the nearest hundred)
with the Museum Centre as Initial Security/Performance Security for the due performance of this
Agreement as provided in the said conditions. In the case of Bank Guarantee, the period of Bank
Guarantee referred to being valid until the defect liability period as specified in e-tender and to be
revalidated to required dates as demanded by the Museum/Centre if completion date is extended.

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN

THE PARTIES HERETO AS FOLLOWS:

1. In consideration of the payments to be made to him as hereinafter provided the successful e-

tenderer shall upon and subject to the conditions herein contained execute and complete the
work within ……………….. months from the date of issue of letter of intent (as defined
under NIT clauses 5 and 23) and as per the said drawings and such further detailed drawings
as may be furnished to him from time to time and described in the said specifications and the
said priced schedule of quantities along with the progress of the building work.

2. The Museum/Centre shall pay to the successful e-tenderer such sum as shall become payable
hereunder at the time and in the manner specified in the said conditions.

3. Time is the essence of this agreement and the successful e-tenderer shall proceed with the
work, throughout the stipulated period of this contract, strictly according to the
CPM/PERT/BAR CHART attached herewith and forming a part of this agreement. At any
stage during execution, if any work lags behind the target as indicated in the
CPM/PERT/BAR CHART for reasons directly attributable to the successful e-tenderer, he
shall pay or allow the Museum/Centre to deduct from any money due to him a liquidated
damage as per Clause 39 of the conditions of contract.

4. This agreement comprises the work above and all subsidiary works connected therewith,
even though such works may not be shown on the drawings, or described in the said
specifications or the priced Schedule of Quantities.

5. The Museum/Centre through the Engineer (As defined under clause 2 of General conditions
of contract) reserves to itself the right of altering the drawings and of adding to or omitting
any item of work or of having portions of the same carried out departmentally or otherwise
and such alterations or variations shall not vitiate this agreement.
6. All disputes and differences of any kind whatever except as excluded under Clause 2 of
General Conditions of contract appended herewith, arising out of or in connection with the
contract on the carrying out of works (Whether during the progress of the work or after their
completion and whether before or after the determination, abandonment or breach of the
contract) shall be referred to arbitration as per Clause 44 of the said conditions of contract. In
case of any legal dispute, other than the arbitration, the court of jurisdiction shall be at the
place written in the first line of this agreement.

18
 The provisions of the Arbitration & Reconciliation Act 1996 or any statutory modification or re-
enactment thereof and of the rules made there under for the time being in force shall apply to
arbitration proceedings under this clause.

In witness whereof the parties have set their respective hands the day and the year and the place
hereinabove written.

Signed by for and on behalf of the Museum/Centre ………………………………..

……………………………………………………………………………………….
(Administrative Officer)

In the presence of

1. …………………………………………………………….
Seal (Finance & Accounts Officer)

2. ……………………………………………………………
(Project Co-coordinator/Engineer)

Signed by the said Successful e-tenderer ………………………………………………….

In the presence of
(1)………………………………………………………………

Seal
(2)………………………………………………………………..

19
 INDEX FOR
GENERAL CONDITIONS OF CONTRACT

Clause
No.
Introduction

1. Interpretation
2. Engineer
3. Scope of Contract
4. Scope of Work
5. Inspection of Site
6. Water, Electricity and Cement Godown
7. Successful e-tenderer to provide Everything Necessary

Drawings & Specifications

8. Drawings Designs etc.

9. Reference Drawings & Shop Drawings
10. Schedule of Rates and Specifications
11. Error in schedule of quantities if any
12. Nomenclature of item
13. Metric Units
14. C P W D Specifications and I S Codes
15. Order of precedence

Materials & Inspections

16. Setting out work etc.

17. Materials
18. Faulty Materials and Work
19. Access
20. Defect Liability Period and Defects after completion
21. Opening of work
Execution of Work

22. Work in Subsoil Water/Rainwater/Water

23. Heights
24. Scaffolding, Centering & Shuttering
25. Glazing
26. Wood Work
27. Site Clearance and Clean up
Bill & Payment

28. Rates
29. Quantities
30. Escalation Clause

20
 31. Secured Advance
32. Retention money
33. Authorities Notice and Patents
34. Deviations
35. Price for Deviations
36. Measurements
37. Preparation of Running and Final Bills
38. Certificates and payments
Extension and Compensation

39. Time and Damages for non-completion of work in time

40. Extension of time
41. Suspension of work by Successful E-tenderer
42. Determination of Contract by Museum/Centre
43. Termination of contract by successful e-tenderer
44. Arbitration
45. Compensation
Miscellaneous

46. Work on Holidays

47. Work Supervisor and Foreman
48. Dismissal of Workmen etc.
49. Assignment of subletting or bribes
50. Other Persons engaged by Museum/Centre
51. Other Agencies Provisional sums
52. Labour Wages & Regulations
53. Insurance for Damage to persons and property
54. Notice
55. Appointment of Apprentices as per Apprentices Act
Civil Works only

56. Cement & Steel

57. Regarding weight of materials supplied by the Museum/Centre
58. Return of Steel
59. Cement Consumption
60. Concealed R.C.C. Beams/Lintels
61. Projection
62. Drip Groove
63. Plastering on R.C.C. Surface
64. M.S. Reinforcement
65. Brick Work
66. Brick Work(s) Heights/Depths
67. Earth Work

21
 GENERAL CONDITIONS OF CONTRACT

1. INTERPRETATION

The terms as used in the e-tender documents and agreement and named hereunder shall have
the meanings herein assigned to them except where the subject or context otherwise
requires:-

“This agreement” shall comprise of the Articles of Agreement along with the Appendix, the
Conditions of Contract, the Priced Schedule of Quantities, Specifications and Drawings and
CPM/PERT/BAR CHART attached hereto and including those to which only a reference is
made herein.

“Work” or “Works” shall mean all work or works defined by Bills of quantities, Drawings,
Specifications and such other work or works as the successful e-tenderer may be entrusted
with for carrying out under this agreement as per Clause 4 of the Articles of Agreement.

“Museum/Centre” shall mean …………………………………………………… under the

National Council of Science Museums which shall include the persons for the time being in
management of the Society and its assigns.

“Engineer” shall mean the Curator or Technical Officer authorised as such by the
Museum/Centre or in the event of his ceasing to be Engineer for the work such other firm or
persons as may be appointed by the Museum/Centre as Engineer for this work. (Further
elaboration given in Clause 2 below):

“Successful e-tenderer” shall mean ……………………………………………. and shall

include his/their respective heirs, executors, administrators and assigns.

“Site” shall mean the site of the construction works as shown on the site plan attached hereto
including any buildings and erection thereon and any other land adjoining these to (Inclusive)
as aforesaid allotted by the Museum/Centre for the use of successful e-tenderer.

“Act of Insolvency” shall mean any act of insolvency as defined by the Presidency towns
Insolvency Act, or the Provincial Insolvency Act or any Amending Statute.

“Notice in Writing” or “Written Notice” shall mean a notice or communication in written,

typed or printed or printed characters sent (unless delivered personally or otherwise proved to
have been received) by registered post to the last known private or business address or
registered office of the addressee and shall be deemed to have received when in the ordinary
course of post it would have been delivered. “Virtual Completion” shall mean that the works
carried out are fit for occupation in every respect including removal of scaffolding, plant,
surplus material and rubbish and cleaning of dirt from work and site. Words imputing persons
include firms and corporations words imputing the singular only also include the plural and
vice versa where the context so requires.
Short headlines are given to each Clause for convenience only and they will not limit the
meaning or scope of the Clause in any way.

22
2. ENGINEER

The plans, agreement and documents above mentioned shall form the basis of this agreement
and the decision of the said Engineer or the other Engineer for the time being as mentioned in
the said conditions, in reference to all matters or dispute as to material and workmanship shall
be final and binding on both the parties.

The term “Engineer” shall mean the firm or person(s) appointed by the Museum/Centre to
superintend the work. He/They will receive his/their instruction for the work from the
Museum/Centre.

The successful e-tenderer shall afford the said Engineer(s) every facility and assistance for
examining the work and materials and for checking and measuring works and materials.

The Engineer or any Authorised Assistant of the Engineer shall have power to give notice to
the successful e-tenderer or to his Supervisors of non-approval of any work, or materials, and
such work shall be suspended or the use of such materials shall be discontinued. The work
from time to time be examined by the Engineer or the Engineer‟s Assistant but such
examination shall not in any way exonerate the successful e-tenderer from the obligation to
remedy any defects due to materials or workmanship not in accordance with the contract
which may be found to exist at any stage of the work or may appear within the defects
liability period mentioned in clause 20.

3. SCOPE OF THE CONTRACT

The successful e-tenderer shall carry out and complete the works in every respect in
accordance with this contract and in accordance with the directions of the Engineer and to the
satisfaction of the Engineer and the Museum/Centre. The Engineer may from time to time
issue further drawings and/or written instructions, detailed directions and explanations in
regard to :

(a) The variation or modification of the design, quality or quantity of works for the
addition or omissions or substitution of any work.
(b) Any discrepancy in the drawings or between the schedule of quantities and/or drawing
and/or specifications.

(c) The removal from the site of any material brought therein by the successful e-tenderer
and the substitution of any other materials there from.

(d) The removal and/or re-execution of any works executed by the successful e-tenderer.

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

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

(g) The amending and making good of any defects under Clause 20.

23
 The successful e-tenderer shall comply with and duly execute any work comprised in such
instructions, detailed directions and explanations, provided always that if the Engineer‟s
instructions involved variations from the priced Schedule of Quantities, such instructions
shall be issued by the Museum/Centre and the successful e-tenderer shall take the action
stipulated in Clause 34.

If the work shown on any such further drawings or detailed drawings or that may be
necessary to comply with any such instructions, directions, or explanations be in the opinion
of the successful e-tenderer, extra to that comprised in or reasonably to be inferred from the
contract he shall before proceeding with such work, give notice in writing to this effect to the
Engineer, and in the event of his not doing so three days before the commencement of such
work the successful e-tenderer shall not be entitled to any allowance in respect of any such
extra work. But if such notice has been duly given and the Engineer and the successful e-
tenderer, fail to agree as to whether or not there is any extra, then if the Engineer decides that
the successful e-tenderer is to carry out the said work, the successful e-tenderer shall do so
accordingly, and the question whether or not there is any extra and if so, the amount thereof
shall failing agreement be settled by the Arbitration as provided in Clause 44 on a reference
being made by the successful e-tenderer.

4. SCOPE OF WORK

Even if not specifically mentioned in the schedule of quantities, the successful e-tenderer
shall be deemed to have allowed necessary material, labour, tools and plants etc. required for
satisfactory completion of the items of work as indicated in drawings and description given in
the specifications, which are attached herewith unless the item specifies labour only or
otherwise. Rates quoted also apply for work in patches, strips, small or large areas, and for
different shapes and in different sizes and in different planes (Horizontal/vertical or inclined).

5. INSPECTION OF SITE

The e-tenderer must visit site before giving e-tender and must get acquainted with the
working conditions.

The e-tenderer shall examine all specifications, e-tender conditions and drawings before e-
tendering for the works. The e-tenderer shall obtain all information relating to local
regulations, bye-laws, application of any and all laws relating to his work or profession. No
additional claims shall be admissible on this account.

6. WATER, ELECTRICITY AND CEMENT GODOWN

The successful e-tenderer shall construct at the site at their own cost temporary cement
godown within the mobilisation time as described in NIT Clause 23, of appropriate size
suitable for proper and safe storage of 3 months consumption of cement. They will also
arrange at their own cost supply of water and electric power at site required by them for
construction.

24
7. SUCCESSFUL E-TENDERER TO PROVIDE EVERYTHING NECESSARY

The successful e-tenderer shall provide everything necessary for the proper execution of the
works according to the true intent and meaning of the drawings and specifications and bill of
quantities taken together, whether the same may or may not be particularly shown on the
drawings or described in the specifications or included in the bill of quantities, provided that
the same is to be reasonably inferred there from and if he finds any discrepancy in the
drawings, or between the drawings and specifications and bill of quantities, he shall
immediately refer the same to the Engineer who shall decide which shall be followed.
Figured dimensions shall be followed in reference to scale.

The Successful e-tenderer shall supply, fix and maintain at his cost during the execution of
any works, all the necessary centering, scaffolding, staging, planking, timbering, shuttering,
shoring, pumping, fencing, boarding, watching and lighting by night as well as by day
required for the proper execution and protection of the public and the safety of any adjacent
roads, streets, cellars, vaults, eves, pavement, walls, houses, buildings and all erections,
matters or thing, and they shall take down and remove any or all such centering, scaffolding,
etc. as occasion shall require or when ordered to do so and shall fully reinstate and make
good all matters and all things disturbed during the execution of the works to the satisfaction
of the Engineer before a Virtual Completion Certificate is issued.

The Successful e-tenderer shall make his own arrangements for laying temporary water and
electrical power lines including excavation if necessary so as not to cause any obstructions
along locations approved by the Engineer. The water supply lines, hose pipes, electrical
lines, underground or overhead etc. belonging to them should not cause damage to the
property of the museum/centre including gardens, plants, flowers, hedges, flower pots in the
Campus etc. Any expenditure incurred by the museum/centre due to damage so caused shall
be debited to the Successful e-tenderer‟s account. It is their complete responsibility to ensure
that the garden area and its approaches and other areas not allocated to them are not
encroached upon by their men and materials. They have to provide a fence at their cost to
confine the activities of construction, labour and materials, to the construction area as
approved by the Engineer or his representative. The bitumen carpeted road in front of
museum/centre‟s office, Science and Exhibits Laboratory, Stores and Workshop or garden
paths and defined areas will not be allowed to be used by their labour, materials, trucks and
other modes of transport system. Their labour is not allowed to use Campus grounds for
baths, calls of nature etc.

The museum/centre shall on no account be responsible for the expenses incurred by the
successful e-tenderer for hired ground or electric power or water obtained from elsewhere.

8. DRAWINGS, DESIGNS ETC.

Contract drawings are diagrammatic but shall be followed as closely as actual construction
permits. Any deviations made shall be in conformity with the architectural and other service
drawings.
Architectural drawings shall take precedence over electrical and other service drawings as to
all dimensions.

25
 Successful e-tenderer shall verify all dimensions at site and bring to the notice of the
Engineer all discrepancies or deviations noticed. The Engineer‟s decision shall be final and
binding.

All drawings issued by the Museum/Centre are the property of the Architects and shall not be
lent, reproduced or used on any other works than intended without the written permission of
the Architects.

Large size details and manufacturer‟s dimensions for materials to be incorporated shall take
precedence over small scale drawings.

One complete set of drawing, specifications and schedule of quantities shall be furnished by
the Engineer to the successful e-tenderer and the Engineer shall furnish, within such time as
he may consider reasonable, one copy of any additional drawing which in his opinion may be
necessary for the execution of any part of work. Such copies shall be kept on the works, and
the Engineer and his representatives shall at all reasonable times have access to the same and
they shall be returned to the Engineer by the successful e-tenderer before the issue of the
certificate for the balance of this account under the contract.

Museum/Centre will make all efforts to give all drawings, designs, decision etc. from time to
time and the successful e-tenderer shall make timely requests for the same. No claim
whatsoever shall however be entertained for compensation for the delay in supply of
drawings, designs, decisions, running payments, etc. from the Successful e-tenderer.
Drawings shown at the time of issue of e-tenders and forming part of the contract shall
indicate scope of work and drawings issued subsequently during the execution of work shall
be deemed to be drawings elaborating the basic scheme. If any detailed drawings show an
item for execution, which in the opinion of the successful e-tenderer is not covered under the
items of the contract, he shall immediately refer it to the Engineer, for final decision.
Decision of the Engineer as to whether it is an extra item or not or whether it is covered by
contracts and if not what extra rate should be paid shall be final and binding on both the
parties to the contract i.e. Museum/Centre and the Successful e-tenderer.

9. REFERENCE DRAWINGS & SHOP DRAWINGS

Reference Drawings
The Successful e-tenderer shall maintain one set of all drawings issued to him as reference
drawing. These shall not be used at site.

All corrections, deviations and changes made at the site shall be shown on these reference
drawings for incorporation in the completion drawings. All changes to be made shall be
initiated by the Engineer.

Shop Drawings

The Successful e-tenderer at his own cost shall submit to the Engineer as well as to the
Architect four copies of shop drawings related to structural steel work, Aluminium
door/window, bar bending schedule, Electrical work, Air conditioning work etc. for approval.

26
10. SCHEDULE OF RATES AND SPECIFICATIONS

Specifications as attached herewith shall be applicable. However, the e-tenderer shall include
in his rates all such items of work which are not specifically included in the e-tender
schedule but are required to be executed to complete the works in accordance with the
drawings, specifications etc. The Museum/Centre is not bound to follow the practice and
mode of measurements followed by other departments.

11. ERROR IN SCHEDULE OF QUANTITIES, IF ANY

Should any error appear in the bill of quantities, other than the E-tenderer‟s prices and
calculation, it shall be rectified by the Engineer after informing the Museum/Centre. Such
variation shall constitute a deviation of the contract and shall be dealt with as hereinafter
provided.

12. NOMENCLATURE OF ITEM

Nomenclatures of the items of works mentioned in the priced schedule are only a brief
description of the work. The work shall have to be executed in accordance with the
specifications for the work to the satisfaction of the Engineer of the work. Any omission in
description will not absolve the successful e-tenderer from his responsibilities to complete the
work in a satisfactory manner.

13. METRIC UNITS

The bills of quantity indicate the unit of Metric system. The mode of measurement of
different items of work shall be as per details contained in specification and special
conditions, with the equivalent of the units mentioned therein in Metric System.

14. CPWD/PWD SPECIFICATIONS AND I S CODES

CPWD/PWD specifications & relevant I.S. Code of practice shall be applicable, for all items
of work.

15. ORDER OF PRECEDENCE

If any discrepancy is noticed between the conditions and specifications, drawing etc. the
following would be the order of precedence:

(a) Schedule of Quantities.

(b) Notice Inviting E-tender (NIT)

(c) General Conditions of Contract (GCC)

27
 (d) Drawings and notes thereon.

(e) Specifications for General Building (civil works) Sanitary and Plumbing, Electrical
Installation, Air-conditioning, Acoustic Treatment, Furniture making and/or Wood
Panelling, Elevators and Escalators, etc.

(f) CPWD/PWD Specifications & I.S. codes.

16. SETTING OUT WORK ETC.

(a) The successful e-tenderer at his own expense shall set out the works and shall be
responsible for the true and perfect setting out of the same and for the correctness
of the positions, levels, dimensions and alignment of all parts thereof. If at any
time any error shall appear during the progress of any part of the work, the
Successful e-tenderer shall at his own expense rectify such error if called upon to
the satisfaction of the Engineer.

(b) All soil, filth, or other matter of an offensive nature taken out of any trench,
sewer, drains, cesspool or any other place shall not be deposited on the surface,
but shall be at once carted away by the Successful e-tenderer to some pit or place
to be provided by him.

17. MATERIALS

All materials used for this work shall be conforming to the Specifications.

As far as practicable materials shall conform to the latest Indian Standards as amended upto-
date. All materials used on the project shall be approved by the Engineer before use.

Successful e-tenderer may be required to purchase such materials of particular make or from
a particular source if in the opinion of Engineer the same is necessary and is required for the
proper and reasonable compliance of the specifications and in the interest of better quality of
work. The fittings and accessories to be used in the work shall be presented for approval well
in advance. Approved fittings shall be kept in the office of the Engineer in a mounted
lockable board, to be approved by the successful e-tenderer.

(a) Storage of Materials

All materials shall be stored in a proper manner protected from natural elements so as
to avoid contamination and deterioration.

Successful e-tenderer‟s store shall be open to inspection by the Engineer at all

reasonable hours.

Locations of stores and storage yards shall be approved by the Engineer prior to
construction or occupation.

28
 Successful e-tenderer shall take adequate protection of the materials against fire and
other calamities.

All watch and ward staff for his work shall be appointed and maintained by the
Successful e-tenderer at his own expense.

b. Inspection and Testing of Materials

The Successful e-tenderer at his own expense shall make all necessary arrangements
for carrying out tests on materials as required by the Engineer. He shall also be
required to produce manufacturer‟s test certificates for the materials supplied by him
whenever required by the Engineer. The tests carried out shall be as per the relevant
Indian Standards in approved laboratories. The Museum/Centre reserves the right to
appoint the testing authorities.

18. FAULTY MATERIALS AND WORK

(a) The Engineer shall during the progress of the work has power to order in writing from
time to time the removal from the work, within such reasonable time or times as may
be specified in the order, to any materials and/or Workmanship which in the opinion
of the Engineer are not in accordance with the specifications or the instructions of the
Engineer. The substitution of proper materials or any workmanship and the removal
and proper re-execution of any work executed with materials or workmanship not in
accordance with the drawings and specifications or instructions shall have to be
forthwith carried out by the Successful e-tenderer at his own cost upon receiving such
order. In case of default on the part of the Successful e-tenderer to carry out such
order the Museum/Centre shall have the power to employ any other persons to carry
out the same and all the expenses consequent thereon or incidental thereto shall be
borne by the Successful e-tenderer and shall be recovered from them by the
Museum/Centre from any money due to or that may become due to the Successful e-
tenderer or from the amount of retention money.

(b) In lieu of rectifying the work not done in accordance with the contract the Engineer
may, with the consent of the Museum/Centre allow such work to remain, and in that
case may make allowance for the difference in value together with such further
allowance for damage to the Museum/Centre as in their opinion may be reasonable.
Provided always that nothing in this clause shall relieve the Successful e-tenderer
from his liability to execute the works in all respect in accordance with those terms
and upon and subject to the conditions of this contract or from his liability to make
good all defects.

19. ACCESS

The Museum/Centre or its representatives shall at all reasonable time have free access to the
works and/or to the workshops factories or other places where materials are being prepared or
constructed for the contract and also to any place where materials are lying or from which
they are being obtained and the Successful e-tenderer shall give every facility to them for

29
 inspection, examination and testing of the materials and workmanship. Except the
representative of Public Authorities and those mentioned above, no person shall be allowed
on the works at any time without the prior written permission of the Engineer or the
Museum/Centre.

If any work is to be done at a place other than the site of works the Successful e-tenderer
shall obtain prior written permission of the Engineer for doing so.

20. DEFECT LIABILITY PERIOD AND DEFECTS AFTER COMPLETION

Defect Liability, Period shall be one year from the date of virtual completion of work, as
certified by the Museum/Centre. Any defect, shrinkage or other faults, which may appear
within the defect liability period, in the opinion of the Engineer, arising from materials or
workmanship not in accordance with the contract or from failure to take due precautions,
shall upon the directions in writing of the engineer and within such reasonable time as shall
be specified therein be amended and made good by the Successful e-tenderer at his own cost.
In case of default, the Museum/Centre may employ and pay any other person/persons to
amend and make good such defect, shrinkage or other faults and all damage, loss and
expenses consequent thereon or incidental thereto shall be made good and borne by the
Successful e-tenderer.

Such damage, loss and expenses shall be recoverable from the Successful e-tenderer by the
Museum/Centre or may be deducted by them from any money due or that may become due to
the Successful e-tenderer. The Museum/Centre may also in lieu of such amendments deduct
from any money due to the Successful e-tenderer, a sum to be determined by the Engineer
equivalent to the cost of amending such works, and in the event of the amount retained under
Clause 32 (the amount held as retention money) being insufficient, recover the balance from
the Successful e-tenderer, together with expenses the Museum/Centre may have incurred in
connection therewith. The Successful e-tenderer shall remain liable under the provisions of
this clause notwithstanding the signing by the Engineer of any certificate or the passing of
any bills.

21. OPENING OF WORK

(a) All works under or in course of execution or executed in pursuance of the contract
shall at all times be open to the supervision of the Museum/Centre, Engineer or their
representatives.

(b) The Successful e-tenderer shall notify the Engineer in writing immediately after the
trenches or excavations, as shown in the drawings, are executed or as soon as any
ground is cut into which from unexpected causes, appears to need immediate
attention. After notifying the Engineer he shall await instructions which shall be
given within seven days of receipt of such notice. If the Successful e-tenderer puts in,
any part of the foundations before he has notified the Engineer and received
instructions, he shall be liable to reinstate all work that may subsequently at any time,

30
 be damaged on account of any defect or insufficient foundations. The Successful e-
tenderer shall at the request of the Engineer, within such time as indicated by the
Engineer, shall open up for inspection any other work and should the Successful e-
tenderer refuse or neglect to comply with such request, the Museum/Centre through
the Engineer may employ other workmen to open up the same. If the work has been
covered up in contravention of Engineer‟s instructions, or if on being opened up, be
found not in accordance with the drawings and specifications or the instructions of the
Engineer, the expenses of opening up and covering it up again, whether done by the
Successful e-tenderer or such other workmen shall be borne by or be recoverable from
the Successful e-tenderer or may be deducted from any money due or which may
become due to the Successful e-tenderer or from the amount held as retention money.
If the work has not been covered up in contravention of such instructions, and be
found in accordance with said drawings and specifications or instructions, the
expenses aforesaid shall be borne by the Museum/Centre and shall be added to the
contract sum provided always that in the case of foundations or of any other urgent
work so opened up and requiring immediate attention, the Engineer shall within seven
days after receipt of written notice from the Successful e-tenderer that the Work has
been so opened, make or cause to make the inspection thereof and at the expiration of
such time if such inspection shall not so have been made, the Successful e-tenderer
may cover the same and shall not be required to open it up again, except at the
expense of the Museum/Centre.

22. WORK IN SUBSOIL WATER/RAIN WATER/WATER

If during execution of work, sub-soil water is met with, or water enters the working space due
to rains or any other cause, the Successful e-tenderer shall do dewatering using pumps or
manual labour and also carry out additional work consequent thereupon, including shoring,
strutting, work in liquid mud, sludge etc. without extra payment.

23. HEIGHTS
Successful e-tenderer‟s rates shall include lifts upto all heights given in drawings or as
required during execution. They should satisfy themselves for correctness and allow for
variation if necessary. Nothing extra will be paid for additional lifts except where special
items for lifts exist in schedule. E-tenderer shall include in his e-tender rates allowance for
works at extra heights required for double or multiple staging, tall centering, scaffolding etc.
for all items including extra labour if any. If any deviation from the contract drawings in
respect of height is noticed by the e-tenderer in any subsequent working drawing issued to
him during continuance of the works that must be brought to the notice of the Engineer (in
writing) sufficiently before commencing execution of the work. The decision of the Engineer
as to whether this will be an extra item or not or whether the Successful e-tenderer is entitled
to get any extra payment or not for execution of this extra height will be final and binding.

24. SCAFFOLDING, CENTERING & SHUTTERING

The Successful e-tenderer shall use external scaffolding to ensure true line in vertical and
horizontal planes. Centring, shuttering and scaffolding required for execution of this work

31
 may vary from single floor height to multifloor heights, which may require multiple staging,
scaffolding, centring and shuttering. Since the payments will be made to the successful e-
tenderer at net quoted rates, irrespective of the heights involved the e-tenderers must see and
study the drawings carefully before e-tendering their rates.

25. GLAZING

If glass of required thickness is not available in the market the successful e-tenderer shall
have to use next higher thickness available without any extra payment. Rate for glazing shall
include for providing and fixing either clear or frosted glass as shown in drawings or as
directed by the Engineer.

26. WOOD WORK

Sizes mentioned in schedule of quantity or in drawings are the finished sizes.

Successful e-tenderer shall allow necessary increase in sizes for planning required. In case
the sizes of wooden members fixed are less than the one shown in the drawing schedule of
quantity allowing for tolerance, payment will be made for actual size used at site. The rate
quoted shall also include the allowance for curved or tapered or any other shape of the
wooden member.

Wherever the wooden member abuts against masonry/RCC work, all the unexposed surfaces
of wood work shall be required to be treated with two coats of suitable antitermite paint. E-
tenderer‟s rates shall include application of two coats of antitermite paint.

27. SITE CLEARANCE AND CLEAN UP

The Successful e-tenderer shall, from time to time clear away all debris and excess materials
accumulated at the site.

After all fixtures, equipment and appliances have been installed and commissioned, they shall
clean up the same and remove all plaster, paints, stains, stickers and other foreign matter of
discolouration leaving the construction in ready to use condition.
On completion of all works they shall demolish all temporary storages put up by them,
remove all surplus materials and leave the site in a broom clean condition.

28. RATES

The rates quoted by the Successful e-tenderer shall be paid at net rates. He should include in
his rates allowance for increase or decrease in the prices due to market fluctuation. He shall
not be entitled to any separate amount on account of taxes, duties, octroi, excise, freight, etc.,
which are in force or will be enforced or enhanced by Government or local bodies during
contract period or after e-tendering. Accepted e-tender rates shall not be changed due to
changes in wages of labour either. Enhancement in rates shall be allowed on e-tender rates
only as provided for in the Escalation Clause, given in Clause 30.

32
29. QUANTITIES

All the quantities given in schedule of quantities are provisional.

The e-tenderers shall be deemed to have given Balanced Rates for each item, irrespective of
the quantities given. Also irrespective of variation in quantities to any extent the e-tenderer
shall be paid at accepted contract rates only. Museum/Centre reserves the right to increase or
decrease quantities to any extent.

30. ESCALATION CLAUSE

Payments for variation in prices and wages (escalation) will be admissible as per following
details.

(i) Material Escalation: The increase in price of all materials beyond quoted rates will
be compensated by the department as per formula given below:

Vm = 70/100 x (0.85v – (C+S) x (WI – WI0 / WI0)

Where:

Vm - Variation in materials cost i.e. increase or decrease in the

amount in rupees to be paid or recovered.

V - Value of work done excluding advances on material, if

any during the period under reckoning.

C - Cost of cement used in (Value of (C+S) shall be put in

the work the formula if these materials
are issued by the
museum/centre). (Otherwise if
S - Cost of Steel used in cement and steel are not issued
the Work by the Museum/Centre, the
value of (C+S) shall be taken
as Zero).

WI - Average All India Wholesale Price Index for all

commodities for the period under reckoning as published
in the RBI Bulletin

WI0 - Average All India Wholesale Price Index for all

Commodities during the month of opening of the e-
tender as published in the RBI Bulletin.

(ii) Labour Escalation: Increase in the cost of labour beyond quoted rates will be
compensated by the museum/centre as per formula given below:

VL = 30/100 x (0.85V – (C+S) x I- I0 / I0

33
 Where:

VL - Variation in labour cost i.e. increase or decrease in the Amount

in rupees to be paid or recovered.

V, C & S - As stated under (I) above.

I - Average All India Consumer Price Index Number for

Industrial Workers declared by Labour Bureau,
Government of India, as published in RBI Bulletin
during the period under reckoning.

I0 - Average All India Consumer Price Index Number for

Industrial Workers declared by Labour Bureau,
Government of India, as published in RBI Bulletin
during the month of opening of e-tender.

No Claims for other escalation on any account whatsoever will be entertained.

The amount of escalation will be calculated monthly for the work done in that
particular month and will be paid for quarterly. Escalation is not permissible on
successful e-tenderer‟s overhead and profit that explains the term 0.85V.

Ceiling on amount due to escalation – In no case total amount of escalation, to be

paid for the entire work will exceed 20% of the total cost of the work based on the e-
tendered rate.

31. SECURED ADVANCE

(a) The Successful e-tenderer shall not be entitled to be paid for the materials brought to
site, which remains unused or unfixed. The Engineer, with the concurrence of the
Museum/Centre may pay an advance upto 85% of the cost of such material as
calculated from the respective e-tender item. When in any certificate, of which the
Successful e-tenderer has received payment the value of material at site has been
included, such materials shall become the property of the Museum/Centre but the
Successful e-tenderer shall be liable for any loss or damage to any such material.
They shall furnish an indemnity bond in the prescribed form along with their claim for
advance against materials brought to site for bonafide use in specific items under the
schedule of quantities.

(b) The secured advance so paid shall be adjusted in the running account bills as and
when the materials are used subject to wastage.

(c) If the specification or schedule of quantities of the work provided use of any special
description of materials to be supplied by the Museum/Centre or it is required that the
Successful e-tenderer shall use certain stores to be provided by the Museum/Centre,

34
 such materials and stores and the price to be charged therefore as hereinafter
mentioned, being so far as practicable for the inconvenience of the Successful e-
tenderer but not so as in any way to control the meaning or effect of this contract, the
Successful e-tenderer may be supplied with such materials and stores as and when
required from time to time to be used by him for the purpose of the Contract only, and
the value of the full quantity of material and stores supplied at the rates specified in
the said schedule appendix memorandum may be set off or deducted from any sum
then due or thereafter to become due to the Successful e-tenderer under the contract or
otherwise, or from the retention money or against the sale proceeds thereof, if the
same is held up in Government Securities, the same or sufficient portion thereof being
in this case sold for the purpose. All materials supplied to the Successful e-tenderer
by the Museum/Centre shall remain absolute property of the Museum/Centre. The
Successful e-tenderer shall be fully responsible for their storage and maintenance and
shall not on any account remove those from the site of the work. The material shall at
all times be open to inspection by the Engineer and/or the Museum/Centre. At the
time of the completion of work or termination of the contract, or even earlier if so
required by the museum/centre, the same shall be returned to them. The successful e-
tenderer shall not be entitled to return any such material unless the same is, in the
opinion of the Engineer of the Museum/Centre in perfectly good condition; and shall
have no claim for compensation on account of any such materials so supplied to him
as aforesaid being unused by him or for any wastage in or damage to any such
materials.

(d) Owing to restriction in obtaining certain materials from the market, the
Museum/Centre may undertake to supply certain materials at specified rates as stated
in the appendix. In case of delay in supply of these materials by the Museum/Centre,
the Successful e-tenderer is required to keep himself in touch with the day to day
position regarding the supply of such materials from the Museum/Centre and to adjust
the progress of the work in a manner that his labour do not remain idle, nor thereby
lodge any claim due to or arising out of delay in obtaining such materials. No claim
whatsoever shall be entertained by the Museum/Centre on account of delays in supply
of these materials.

(e) The Successful e-tenderer shall ensure that only the required quantities of materials
are got issued and the surplus quantities of materials, if in good condition, shall be
taken by the Museum/Centre at the rates fixed in the Appendix.

(f) Essentiality Certificates/Permits/Recommendation Letters for materials available at

controlled rates etc. would be given by the Museum/Centre, if required by the
successful e-tenderer. It will, however, be their responsibility to obtain materials
against the certificates or otherwise, and no claim on this account or any extension of
time for completion of works will be entertained by the Museum/Centre. The
Successful e-tenderer shall use materials thus procured exclusively in this work and
for misuse, if any, he shall be solely responsible.

35
32. RETENTION OF MONEY

This shall mean and be 5.50% of the total cost of work awarded or the gross value of the
work as paid for against this contract whichever is greater including the EMD @2.5% &
Performance Guarantee (PG) @ 3% (to be deposited before signing of the agreement).
The successful e-tenderer can give Performance Guarantee (PG) money through online
payment or in the form of a Demand Draft issued by a Nationalised Bank/Banker‟s
Cheque from a Nationalised Bank, government security, fixed deposit receipt issued
by nationalized bank to be drawn or duly pledged as the case be, in favour of the “The
Director, Visvesvaraya Industrial and Technological Museum payable at Bangalore.

In case of termination of contract, this retention money shall be forfeited and amount
necessary to make up this amount shall be recovered from the money due to the successful e-
tenderer under this contract, or any other contract.

100% of the retention money without interest will be refunded to the successful e-tenderer
after six months of virtual completion of work and after the successful e-tenderer has rectified
all the defects pointed out to him.

33. AUTHORITIES, NOTICES AND PATENTS

The successful e-tenderer shall confirm to the provision of any Act of the Legislature relating
to the works, the Regulations and Bye-Laws of any corporations and of any electric and other
Companies and/or authorities with whose systems the structure is proposed to be connected,
and shall, before making any variation from the drawings or specifications that may be
necessitated by so conforming, give to the Engineer written notice, specifying the variation
proposed to be made, and the reason for making it, and apply for instructions thereon. If
compliance with this clause involves any extra work not included in this contract, he shall
specify these items of work and the allowance or extra payment required on their account. In
case he shall not, within seven days, received such instructions, shall proceed with the work,
conforming to the provision and/or regulation of bye-laws in question.

The amount claimed as an extra or whether there is an extra or not shall be decided by the
Engineer and will be subject to arbitration clause if so required.

The successful e-tenderer give all notices required by the said regulations or bye-laws to be
given to any authority and pay to such authority or to any public office all fees that may be
properly chargeable in respect of the works and lodge the receipts with the bill.

The successful e-tenderer shall indemnify the Museum/Centre against all claims in respect of
patent rights, and shall defend all action arising from such claims and shall himself pay all
royalties, licence fees, damages, cost and charges of all and every sort that may be legally
incurred in respect thereof.

36
34. DEVIATIONS

The successful e-tenderer may when authorise and when directed, in writing by the Engineer
with the approval of the Museum/Centre add or omit or vary the works shown upon the
drawings, or described in the specifications, or included the bill of quantities, but they shall
make no addition, omission or variation without such authorisation or direction. A verbal
authority direction by the Engineer shall, if confirmed by him in writing within seven days,
be deemed to have been given in writing.

No claim for an extra shall be allowed unless it shall have been executed under the provisions
of Clause 33 or by the authority of the Engineer with the concurrence of the Museum/Centre
as therein mentioned. Any such extra if herein referred to, as an authorised extra shall be
governed by Clause 35. No variation i.e. additions or substitutions shall vitiate the contract.

35. PRICE FOR DEVIATIONS

Deviations shall be valued at the net rates contained in the E-tenderers‟ original e-tender or
where the same may not apply direct at rates analogous to the prices therein contained. If the
altered, additional or substituted work included any class of work for which no rate is
specified in the contract, then the Successful e-tenderer shall within seven days of the date of
receipt of the order to carry out the work, inform the Engineer with a copy to the
Museum/Centre the rate which he intends to charge for such class of work with proper
analysis. In the event of his not doing so, within a reasonable time before the commencement
of such work, he shall not be entitled to any allowance or payment in respect of any such
extra work. When such notice has been duly given, the Engineer with the consent of the
Museum/Centre may agree to such a rate but if the Engineer does not agree to this rate, the
Engineer may cancel his order to carry out such class of work and arrange for it to be carried
out departmentally or through any other agency or in such a manner as he may consider
advisable or he may decide that the Successful e-tenderer shall carry out such items of work
and in such case he shall only be entitled to be paid in respect of the work carried out or
expenditure incurred by him according to such rate or rates as shall be fixed by the Engineer
which will, however be subject to the Arbitration Clause.

However, in respect of the rates for extra/new items, if there are any, the opinion of the
Engineer as to whether it is an extra item or not, and if so, what rates should be paid shall be
final and binding on the successful e-tenderer shall be derived from contract items so far as
applicable and the rates which cannot be derived from contract will be fixed on the basis of
actual cost of materials and labour, plus 15% as successful e-tenderers‟ overheads and profits
on all trades except on the cost of materials supplied departmentally.

Successful e-tenderer shall not claim any idle and remobilization charge for interim delay due
to late decision by the Museum/Centre. Such legitimate interim delays shall however be
considered for extension of time, if any.

Furthermore, they shall submit analysis of rates with justifications for claiming extra on any
deviation item at least 45 days prior to the probable date of execution of the referred item.

37
36. MEASUREMENTS

In case of dispute between the successful e-tenderer and the Museum/Centre as to under
which item a particular work is to be measured the decision of the Engineer shall be final and
binding on both the parties to the contract. If for any items, the mode of measurements is not
specified the decision of the Engineer about the mode of measurement shall be final and
binding on both the parties to the contract.

37. PREPARATION OF RUNNING AND FINAL BILLS

Minimum value of work for interim certificate shall be Rs. one lakh (or less at discretion of
the Museum/Centre) but not more than one running bill, in a fortnight, if paid separately.

75% advance bill against work done but unmeasured and adjustable fully in the next running
bill may be certified by the Engineer, at his discretion in the interest of the work.

The Engineer or his representative shall take measurements in presence of Successful e-

tenderer‟s representative and record them in the Measurement Book from time to time and
shall prepare abstract for running and final bill, including recovery statements. The bill
abstract shall be prepared on standard CPWD form on the basis of abstract of quantities
prepared by the Engineer in triplicate. The Successful e-tenderer should sign the bill and
Measurement Book with the remark “Measurement and bill accepted”. However, in the final
bill, the successful e-tenderer shall have to certify – “The bill is accepted in full and final
settlement of all claims and demands against this work”.

In case a large amount is blocked in the final bill pending technical/audit check, advance upto
the extent of 75% of net final bill amount may be paid to the successful e-tenderer, with the
approval of the Engineer at his direction even after the completion date is over.

The recovery from Running Account Bills for the materials issued by the Museum/Centre
shall be made on the basis of the quantity consumed in the work as assessed by the Engineer,
giving a due allowance for wastage. The Successful e-tenderer shall submit once a month a
statement showing the materials received, consumed and the balanced carried over to the
subsequent month so that a watch could be maintained on the material.

38
38. CERTIFICATES AND PAYMENTS

(a) The Engineer may from time to time intimate in writing to the Successful e-tenderer
that he requires the works to be measured and they shall attend or send qualified agent
to assist the Engineer or the Engineer‟s representative in taking such measurements,
and calculations and to furnish all particulars or to give all assistance required by the
Engineer. Should they not attend or neglect or omit to send such agent then the
measurement taken by the Engineer or approved by him shall be taken to be correct
measurements of the work unless objected to within one month of their being
recorded in the measurement book or books. Such measurements shall be taken in
accordance with the mode of measurements mentioned in the specifications.

(b) The Successful e-tenderer or his agents may at the time of measurement take such
notes of measurements as they may require.

(c) The Engineer or his authorised representative will issue on the basis of necessary
measurement interim valuation certificates to the Successful e-tenderer in respect of
items of work, rates for which exist in the priced schedule of quantities or have been
subsequently agreed upon between the parties, and shall send the measurement books
and the valuation certificates to the Museum/Centre. The Successful e-tenderer shall
be entitled under these certificates of the Engineer to payments, within 15 days from
the date of each certificate, unless objected as provided in sub-clauses (a) & (b) at the
rate of maximum 90% of the value of work so executed and the balance being
retained towards retention money subject to a maximum of Rs. 5.00 lakhs. The
engineer shall issue such certificates within fifteen days of notice from the Successful
e-tenderer provided measurements have been taken and the value of the work done
since last payment exceeds the amount stated in the appendix and not more than one
certificate is required in a fortnight, provided always that the issue by the Engineer of
any certificate during the progress of the work or after their completion shall not have
any effect as a certificate of satisfaction or relieve the Successful e-tenderer from his
liability under Clause 20 and 21. Provided all defects are removed and the retention
money is not forfeited or has not become liable to be forfeited under this contract,
50% of the amount under retention money shall be refunded without interest within
three months of the date of virtual completion of the works and the balance after the
defect liability period is over or the final bill is passed for payment whichever is later.

(d) All intermediate payments shall be recorded as payments by way of advance against
the final payment only and not as payment for work actually done and completed.
The final bill shall be submitted by the Successful e-tenderer within 3 months of the
date fixed for completion of the work. The measurement of the work taken by the
Engineer or his representatives after one week‟s notice to the Successful e-tenderer
shall be final and binding on him unless objected to within one month of their being
recorded in the measurement books.

39
 (e) The Museum/Centre may in consultation with the Engineer, but absolutely at his
discretion, make an advance payment on account, which will be merged in the next
intermediate payment, based on measurements.

(f) Advance for materials brought to site: The Successful e-tenderer shall execute a bond
in favour of the Museum/Centre in the prescribed format attached hereto for each
advance or intermediate payment received by him. If the Successful e-tenderer
commits any default in the terms of the said bond and he fails to pay the bond amount,
the Museum/Centre shall have the power to:

(i) Seize and utilise the said materials or any part thereof for the completion of
the works.

(ii) Remove and sell by public auction the materials seized or any part thereof, and
out of the proceeds of the sale, retain all sums repayable to the
Museum/Centre together with interest thereon at the rate prescribed by Govt.
of India from time to time for capital outlays.

(iii) Deduct all or any part of moneys owing from out of the retention money or
any other sum or sums due to the Successful e-tenderer under this agreement.

(g) The Successful e-tenderer agrees that before final payment shall be made on the
contract, he will sign and deliver to the Museum/Centre either in the measurement
books or otherwise as required, a valid release and discharge certificate from any and
all claims and demands whatever from the Museum/Centre for all matters arising out
of or connected with the contract.

39. TIME AND DAMAGES FOR NON-COMPLETION OF WORK IN TIME

(a) All the construction works shall progress strictly as per the enclosed
CPM/PERT/BAR CHART. If however, the Successful e-tenderer desires some minor
modifications in the same he may apply to the Museum/Centre within mobilisation
time and before execution of the agreement indicating the reasons for which changes
are required. The Museum/Centre may after scrutiny, agree to the modifications
suggested if the reasons cited by the successful e-tenderer are considered valid. The
decision of the Museum/Centre in this respect will be final and binding. The
modifications, if any, are to be incorporated in the CPM/PERT/BAR CHART and this
will form a part of the agreement.

(b) The starting time specified for carrying out of the work as entered in the
CPM/PERT/BAR CHART shall be reckoned from the date of issue of the Letter of
Intent. The date of completion or such date as is duly extended under Clause 40 shall
be strictly observed by the Successful e-tenderer. The work shall, throughout the
stipulated period of the contract, be preceded with all diligence (Time being deemed
to be the essence of this Contract) by the successful e-tenderer strictly according to
the CPM/PERT/BAR CHART which is a part of this agreement.

40
 (c) At any stage during the execution of the work if the work lags behind the target
indicated in the CPM/PERT/BAR CHART for reasons directly attributable to the
Successful e-tenderer, he shall be liable to pay as agreed liquidated damages
equivalent to half percent of the total cost of work awarded every week for the period
the work lags behind the CPM/PERT/BAR CHART subject to a maximum of 10% of
the total value of work, awarded or gross value of work done, whichever is greater.

(d) In the event of Successful e-tenderer‟s inability to complete the construction work by
the scheduled date of completion, the Museum/Centre shall have the right to terminate
the contract as per Clause 42 or allow the successful e-tenderer to continue and
complete the work within specific date. In the latter case, during the period of
continuation, the successful e-tenderer shall pay as agreed liquidated damage
equivalent to one per cent of the total cost of work awarded for every week that the
work remains unfinished subject to a maximum of 10% of the total value of work
awarded or gross value of work done, whichever is greater.

40. EXTENSION OF TIME

If the successful e-tenderer shall desire an extension of time for completion of the work on
the grounds of his having been unavoidably hindered in its execution and for reasons not
attributable to him on the following grounds:-

(a) by reason of any exceptionally inclement weather like Cyclone, severe flood etc.,
normal monsoon shall not be considered a valid reason for extension of time,
(b) by reason of proceedings taken or threatened by, or legal disputes with adjoining or
neighbouring owners,
(c) due to delay in the work of other agencies or tradesman engaged or nominated by the
museum/centre: if such delay is directly responsible for delay in execution of this
work,
(d) by reason of any general strike or lockout affecting the building made, strike or any
kind of labour trouble in successful e-tenderer‟s own organisation shall not be a valid
reason for extension,
(e) in the event of delay in execution of work wholly attributable to delay in supply of
drawings by Architect or Museum/Centre in spite of request from the successful e-
tenderer well in advance, he shall apply in writing to the Engineer within seven days
of the date of the hindrance on account of which he desires such extensions as
aforesaid and the engineer, with the consent of the Museum/Centre may if reasonable
ground be shown therefore allow such extension of time, if any, be necessary or
proper,

(f) in case of the total value of the work exceeds the total value of the e-tender owing to
deviation in quantities or extra items, the successful e-tenderer will be entitled to ask
for extension of time in proportion to the increased value of work. Increase in value
of work due to escalation as per Clause 30 shall not be a valid reason for extension of
time.

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 (g) No extension of time shall be given to the successful e-tenderer for non supply or
delay in supply of cement and/or steel as per Clause 56. The successful e-tenderer
hereby agrees that extension of time requested for by him and granted by the
Museum/Centre shall be treated as an extension of time allowed to them without any
claim for compensation or damages for any reasons whatsoever including those for
which the extension is granted.

If an extension of time is granted by the Museum/Centre for reasons of delay not

attributable to the successful e-tenderer as indicated above then the escalation clause
will remain in force and the successful e-tenderer will be entitled to receive extra
payments for variation in prices and wages subject to the ceiling limit of 20% of the
total value of work as indicated in Clause 30.

However the museum/centre in the interest of work is, allows any extension of time
for reasons of delay directly attributable to the successful e-tenderer, the escalation
clause (Clause 30 of conditions of contract) will not remain in force during such
extended period.

41. SUSPENSION OF WORK BY THE SUCCESSFUL E-TENDERER

If the successful e-tenderer suspends the works without obtaining extension of time or in the
opinion of the Engineer neglects or fails to proceed with due diligence in executing his part of
the contract or if he makes default more than once in the manner mentioned in Clause 20
above the Museum/Centre or the Engineer shall have power to give notice in writing to the
successful e-tenderer requiring that the works be proceeded with reasonable speed and output
must be commensurate with the CPM/PERT/BAR CHART. Such notice shall specify the act
of default on the part of the successful e-tenderer. After such notice has been given the
Successful e-tenderer shall not be at liberty to remove from the site of work or from any
ground continuous thereto any plant or materials belonging to him which had been placed
thereon for the purpose of the work, and the Museum/Centre shall have a lien upon all such
plants and materials to subsist from the date of such notice being given, until the notice have
been complied with. Provided always that such lien shall not under any circumstances
subsist after the expiration of thirty one days from the date of such notice being given, unless
the Museum/Centre has entered upon and taken possession of the works and site and of all
such plants and materials until the works have been completed under the power hereinafter
conferred upon it. If the Museum/Centre exercises the above power it may engage any other
agency to complete the works or finish the works departmentally and exclude the successful
e-tenderer, his agents and servants from entry upon or access to the same except that the
successful e-tenderer or any one person appointed in writing by him and accepted by the
Museum/Centre may have access at all reasonable times during the progress of works to
inspect, survey and measure the works. Such written appointments marked with
Museum/Centre‟s consent or a copy thereof shall be delivered to the Engineer before the
person so appointed comes to the works. The Museum/Centre shall take such steps as, in the
opinion of the Engineer may be reasonable and necessary for completing the works without
undue delay & expense, using for that purpose the plants and materials above mentioned, in
so far as they are suitable and adapted to such use. Upon the completion of the works the
Engineer shall certify the amount of expenses properly incurred, consequent on the incidental

42
 to the default of the successful e-tenderer as aforesaid, in completing the works by other
persons. Should the amount so certified as the expenses properly incurred, including
Museum/Centre‟s overhead if the works were carried out departmentally, be less than the
amount which would have been due to the Successful e-tenderer upon the completion of the
works by him, the difference shall be paid to the Successful e-tenderer by the
Museum/Centre. Should the amount of the former exceed the later, the difference shall be
paid by the Successful e-tenderer to the Museum/Centre. The Museum/Centre shall not be
liable to make any further payment or compensation to the Successful e-tenderer for or on
account of the proper use of the plants for the completion of the works under provisions
hereinbefore contained other than such payment as is included in the contract price. After the
works have been so completed by persons other than the successful e-tenderer under the
provisions hereinafter contained, the Museum/Centre shall give notice to the Successful e-
tenderer of such completion and may require him from time to time, before and after such
completion, to remove his plants and likewise all such materials as aforesaid as may not have
been used in the completion of the works, from the site. If such plants and materials are not
removed within such reasonable time, the Museum/Centre may remove and sell the same,
holding the proceeds, less the cost of the removal and sell, to the credit of the successful e-
tenderer. The Museum/Centre shall not be responsible for any loss sustained by the
successful e-tenderer from the sale of plants in the event of the successful e-tenderer not
removing it after notice, or for any damage thereto or deterioration thereof in any event.

42. DETERMINATION OF CONTRACT BY THE MUSEUM/CENTRE

If the successful e-tenderer goes into liquidation, whether voluntary or compulsory or shall
make an assignment or a composition for the benefit of the greater part, or shall enter into a
Deed of Agreement with its creditors or if the Receiver of the Successful e-tenderer shall be
unable, within fourteen days after notice to him requiring him to do so, to show to the
reasonable satisfaction of the Museum/Centre that he is liable to carry out and fulfil the
contract and if so required by the Museum/Centre to give reasonable security therefore or if
the successful e-tenderer shall suffer execution to be issued or shall suffer any payment under
this contract to be attached by or on behalf of any of the creditors or the Successful e-tenderer
or shall assign, charge or encumber this charge or encumber this contract thereunder or shall
neglect or shall fail to proceed to perform all or any of the act, matters or things by the
contract, to be observed and performed by the successful e-tenderer for three clear days after
written notice shall have been given the successful e-tenderer in manner, matter hereinafter
mentioned, requiring the successful e-tenderer to observer perform the same or shall use
improper material or workmanship in carrying on the works or shall in the opinion of the
Engineer not exercised such due progress as stipulated in the enclosed CPM/PERT/BAR
CHART forming part of this contract which would enable the works to be completed within
the time agreed upon or shall abandon the contract, then, and in any of said cases, the
Museum/Centre may notwithstanding any previous waiver, determine the contract by a notice
in writing in which case the retention money (including the earnest money and the initial
security deposit) and whether paid in one sum or deducted by instalment shall stand forfeited
and be absolutely at the disposal of the Museum/Centre. The Successful e-tenderer shall
have no claim or compensation for any loss sustained by him by reasons of his having
purchased or procured any materials or entered into any engagements or made advances on

43
 account of or with a view to the execution of the work or the performance of the contract.
The successful e-tenderer shall not be entitled to recover or be paid any sum for any work
actually performed under the contract unless and until the Engineer will have certified in
writing the performance of such work and the value of work payable in respect thereof and
the successful e-tenderer shall only be entitled to be paid the value so certified. The
certificate of the Engineer shall be based on measurements taken by him or under his
supervision and with due notice to the Successful e-tenderer and on rates in the priced
schedule or as subsequently communicated by the Engineer with the approval of the
Museum/Centre, under this agreement except for arithmetical errors, shall be final and
conclusive. The Successful e-tenderer must remove his plant, materials, scaffolding etc. from
the site within 10 days (ten days) of the receipt of the notice from the Museum/Centre after
which they will vest in the Museum/Centre who may, dispose them off as per Clause 41 by
sale or auction on account of and at the risk of the successful e-tenderer who will have no
claim for loss or compensation on this account.

43. TERMINATION OF CONTRACT BY SUCCESSFUL E-TENDERER

If payment of the amount payable by the Museum/Centre under the certificate of interim
payment issued by the Engineer in accordance with clause 38 shall be in arrears and unpaid
for sixty days after notice in writing requiring payment of the amount shall have been given
by the Successful e-tenderer to the Museum/Centre in manner hereinafter mentioned or if
works be stopped for six months under the order of the Museum/Centre for any reason not
connected with any default on the part of the Successful e-tenderer or by any injunction or
other order of any court of law made for any reasons not connected with any such default on
the part of the successful e-tenderer then and in any of the said cases the successful e-tenderer
shall be at liberty to terminate the contract by notice in writing to the Museum/Centre and he
shall be entitled to recover from the Museum/Centre payment for all works executed and for
useful materials (but not plants) purchased for the purpose of the contract and is brought to
the site. In arriving at the amount of such payment, the net rates contained in the successful
e-tenderer‟s e-tender shall be followed, or where the same may not apply, rates proportional
to the prices therein contained. Rates for materials may be determined by the Engineer on
actual vouchers produced by the successful e-tenderer and/or prevailing market rates at the
discretion of the Engineer. The Successful e-tenderer shall not be entitled to recover or be
paid any sum for any work actually performed under the contract, unless and until the
Engineer has certified in writing the performance of such work and the value payable in
respect thereof and the successful e-tenderer shall only be entitled, to be paid the value so
certified. The certificate of the Engineer shall be based on measurements taken by him or
under his supervision after due notice to the successful e-tenderer and shall be final and
conclusive except for arithmetical errors. The successful e-tenderer must remove his plant,
materials, scaffolding etc. from the site within ten days or such time as may be extended by
the Museum/Centre in writing, from the receipt of the notice from the Museum/Centre after
which they will vest in the Museum/Centre who may dispose them off as per Clause 42 by
sale or auction on account of and at the risk of the successful e-tenderer who will have no
claim for loss or compensation on this account.

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44. ARBITRATION

(a) Except where otherwise provided in the contract all questions and disputes relating to the
meaning of the specifications, design, drawing, and instructions hereinbefore mentioned and
so to any question, claim right, matter or thing whatsoever, in any way arising out of or
relating to the contract, designs, drawings, specifications, estimates, instructions, orders or
these conditions or otherwise concerning the works, or the execution of the same whether
arising during the progress of the work or after the completion or abandonment thereof but
excluding disputes on material and workmanship as per Clause 17 & 18 which is binding on
both parties, shall be referred to the sole arbitration of a person nominated by the Director
General, National Council of Science Museums and if the former is unable or unwilling to act
to the sole arbitration, of some other person appointed by the Director General, NCSM
willing to act as such arbitrator. The submission shall be deemed to be submission to
Arbitration under the meaning of the Arbitration & Reconciliation Act, 1996 or any statutory
modification or re-enactment thereof for the time being in force. The award of arbitrator so
appointed shall be final, conclusive and binding on all parties to this contract.

(b) It is agreed that the Successful e-tenderer shall not delay the carrying out of the work by
reasons of any reference to arbitration and shall proceed with the work with all due diligence
and shall, until the decision of arbitration, abide by the decision of the Engineer duly
conveyed to him.

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

45. COMPENSATION

All sums payable by way of compensation or liquidated damage under any of these
conditions shall be considered as reasonable compensation to be applied to the use of
Museum/Centre without reference to the actual loss or damage sustained and whether or not
any damage shall have been sustained.

46. WORK ON HOLIDAYS

Successful e-tenderer shall not carry out work on any Government holidays except with the
permission of the Engineer. The contract period will be inclusive of such holidays.

47. WORK SUPERVISOR AND FOREMAN

The Successful e-tenderer shall keep a qualified and experienced Engineer for supervision of
works to ensure best quality work. He shall also give all necessary personal superintendence
during the execution of the works and as long thereafter as the Engineer may consider
necessary until the expiration of the „Defect Liability Period‟ stated in Clause 20 above. The
Successful e-tenderer shall also during the whole time, the works are in progress, employ
competent Foreman approved by the Engineer whose qualification must conform to the
requirements specified by the Engineer. In special cases he shall be constantly in attendance

45
 of the building while the men are at work. Any directions, explanations, instruction or
notices given by the Engineer to such Foreman shall be held to be given to the Successful e-
tenderer.

48. DISMISSAL OF WORKMEN ETC.

The Successful e-tenderer shall on the request of the Engineer immediately dismiss from the
works any person employed thereon who may, in the opinion of the Engineer be unsuitable or
incompetent or who may in the opinion of the Museum/Centre or the Engineer misconduct
himself and such person shall not be again employed or allowed on the works without the
written permission of the Engineer and/or the Museum/Centre.

49. ASSIGNMENT OR SUBLETTING OR BRIBES

(a) This contract shall not be assigned or sublet without the written approval of the
Museum/Centre. If the Successful e-tenderer shall assign or sublet this contract, or
attempts to do so or become insolvent or commence insolvency proceedings or make
any composition with his creditors or attempt to do so, or if any bribe, gratuity, gift,
loan, pre-requisite award, reward or advantage pecuniary or otherwise, shall either
directly or indirectly be given, promised or offered by the Successful e-tenderer, any
of his servants or agents to any officer of the Museum/Centre or to persons who shall
become in any way directly or indirectly interested in the Contract, the
Museum/Centre may thereupon by notice in writing rescind the contract and the
retention money of the Successful e-tenderer shall thereupon stand forfeited and be
absolutely at the disposal of the Museum/Centre, and the same consequences shall
ensure as if the contract had been rescinded under Clause 42 thereof and (in addition)
the Successful e-tenderer shall not be entitled to recover or to be paid for any work
therefore actually performed under the contract.

(b) The whole of the works including the contract shall be executed by the Successful e-
tenderer and he/they shall not directly or indirectly transfer or assign or underlet the
contract or any part, share or interest therein nor shall he take a new partner without
the written consent of the Museum/Centre and no subletting shall relieve the
Successful e-tenderer from the full and entire responsibility of the contract or from
active superintendence of the works during the progress.

50. OTHER PERSONS ENGAGED BY MUSEUM/CENTRE

The Museum/Centre reserves the right to use the premises and any portion of the site for the
execution of any work not included in this contract, which he may desire to have carried out
by other persons, and the successful e-tenderer shall allow all reasonable facilities for the
execution of such work, but is not required to provide any plant or materials for the execution
of such works except by special arrangement with the Museum/Centre.

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51. OTHER AGENCIES AND PROVISIONAL SUMS

(a) The Successful e-tenderer is to afford all reasonable facilities to all other agencies,
sub-agencies, specialists, merchants, tradesman and others who may at any time be
appointed by the Engineer with the consent of the Museum/Centre for executing any
work or supplying any goods relating to the constructions, servicing, equipping or
furnishing of the building under construction or in the compound. In case of delay in
completion of his work due to other agencies‟ work, the Successful e-tenderer shall
only have a right to ask for extension of time but no other claim on this or any other
account shall be entertained by the Museum/Centre.

(b) If any provisional sum is included in the bill of quantities they are to be deducted
wholly if not required or in part the Museum/Centre reserves to itself the right to
appoint any agency to do the work allowed for in provisional sums and the successful
e-tenderer shall not have any right to claim any profits on this account.

52. LABOUR WAGES AND REGULATIONS

Notwithstanding any contained in the conditions of this contract the Successful e-tenderer
shall comply with the provision of the contract labour (Regulation & Abolition) Act 1970 and
various rules framed thereunder by different State Government, in respect of all labourers
directly or indirectly employed by the
Successful e-tenderer in the works through labour contracts or otherwise the Successful e-
tenderer shall be considered as “Principal Employer”.

The Successful e-tenderer agrees to grant Provident Fund benefits in accordance with
Employees Provident Fund Act 1962 and Scheme thereunder to his workers. The successful
e-tenderer shall pay not less than “fair wages” to labourers engaged by him on the work. No
labour below the age of fourteen years shall be employed. The successful e-tenderer shall at
his own expense provide or arrange for provision of footwear for any labour doing cement
mixing work.

53. INSURANCE FOR DAMAGE TO PERSONS AND PROPERTY

(a) The Successful e-tenderer shall be responsible for all injury to persons, animals or
things and for all damages to property, structural and decorative, whether such injury
or damage arise from carelessness or accident or in any way connected wherewith.
This clause shall be held to include, interalia, any damage due to causes as aforesaid
to buildings (whether immediately adjacent or otherwise) and to roads, streets,
footpaths, bridges or ways as well as all damage caused to the buildings and works
forming the subject of this contract by the inclemency of weather. The Successful e-
tenderer indemnifies the Museum/Centre and holds him harmless in respect of all
expenses arising from such injury or damage to persons or property aforesaid and also
in respect of any claim made in respect of injury or damages consequent upon such
claim.

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 (b) The successful e-tenderer shall reinstate all damage of every sort mentioned in this
clause, so as to deliver up the whole of the contract works complete and perfect in
every respect and so as to make good and otherwise satisfy all claims for damage as
aforesaid to the property or third parties.

(c) The Successful e-tenderer also indemnifies the Museum/Centre against all claim
which may be made upon the Museum/Centre during the currency of this contract by
any employee or representative of an Employee of the agency, or any sub-agency,
employed by him, for any injury to or loss of life or such employees, or for
compensation payable under any law for the time being in force to any workman or to
the representative of any deceased or incapacitated workmen.

(d) The Successful e-tenderer also indemnifies the Museum/Centre in respect of any
costs, charges and/or expenses, including legal costs as between Solicitor and client,
occurring out of any award of compensation and/or damages consequent upon such
claims.

(e) The Museum/Centre shall be at liberty and is hereby empowered to deduct the amount
of any damages, compensation cost, charges and/or expenses
arising or ascertaining from or in respect of any such claim and/or damages as
aforesaid from any sum, or sums due to, or become due to the Successful e-tenderer.

54. NOTICE

Notice for the Museum/Centre, the Engineer or the Successful e-tenderer may be served
personally or sent by registered post addressed to the office of the Museum/Centre or the last
known place of business of the Engineer and the Successful e-tenderer or in the case of the
successful e-tenderer also be being left on the works. Any notice sent by registered post shall
be deemed to be served at the time when in the ordinary course of post it would be delivered.

55. APPOINTMENT OF APPRENTICES AS PER APPRENTICES ACT

The Successful e-tenderer shall during the currency of the contract when called upon by the
Engineer engage and also ensure engagement by sub-agencies and other employed by the
successful e-tenderer with the works such number of apprentices in categories mentioned
below and for such periods as may be required by the Engineer. The Successful e-tenderer
shall train them as required under the Apprentices Act 1961 and the Rules made thereunder
and shall be responsible for all obligations of the Museum/Centre under the said act including
the liability to make payments to apprentices as required under the said Act.

(a) In Respect of Civil works

(i) Brick Layer : One apprentice for every 7 person

engaged in this category

(ii) Building : One apprentice for every 7 persons

Construction engaged in this category

48
 (iii) Carpenter : One apprentice for every 7 persons
engaged in this category

(iv) Surveyor : One apprentice for every 14

persons engaged in this category

(b) In respect of Sanitary and Water Supply

Plumber : One apprentice for every 2 persons

engaged in this category

(c) In respect of Electrical Works

Wireman : One apprentice for every 7

persons engaged in this category

The Successful e-tenderer shall comply with the provision of Apprentices Act 1961 and
Rules and Orders issued hereunder from time to time.

If the Successful e-tenderer fails to do so, his failure will be deemed to be a breach of
contract and the Museum/Centre reserves the right to cancel the contract. The Successful e-
tenderer also shall be liable to any pecuniary liability arising on account of any violation by
him of the provisions of the Act.

56. CEMENT & STEEL (for civil works only)

Steel and Cement shall be supplied by the Museum/Centre to the Successful e-tenderer as
stated in appendix to the NIT. If for any reason cement and steel is not available, the
Successful e-tenderer shall procure the same and complete the work in time after due
intimation of the same to the Engineer. The quantities brought by the Successful e-tenderer
would be replenished to the Successful e-tenderer at issue rates given in appendix when
received, during or after completion of work but before payment of final bill. It shall be the
Successful e-tenderer‟s sole responsibility to ensure that the quality of cement so brought
conforms to required standard as specified and support this with Test Certificate for such
consignments brought by him and allowed on the works by the Engineer. If steel of required
diameters is not available but the Successful e-tenderer could get substituted diameters by
exchanging available diameters, in the interest of work, such an exchange would be
authorised with the permission of the Engineer but without any extra cost to Museum/Centre.
Successful e-tenderer‟s rates shall be deemed to have been based on issue rates of cement and
steel given in the appendix sheet of e-tender and they shall have to use materials issued
departmentally as per appendix.

49
 Successful e-tenderer shall not refuse to receive marginal excess of cement and steel,
quantities over and above as shown in the phased programme, if required so as and approved
by the Engineer and such storage shall be without any extra cost to the Museum/Centre.

Receipt of cement and steel from the Museum/Centre‟s store should be carried out in quickest
possible time by the Successful e-tenderer as a bulk supply, once the issue of stores is
commenced at site, and without hampering the progress of the work at site.

Receipt of stores will include submitting indent in duplicate to the Museum/Centre at least
two days prior to intended date of receipt. No stores shall be issued on Sundays and
Holidays.

57. REGARDING WEIGHT OF MATERIALS SUPPLIED BY THE MUSEUM/CENTRE

(for civil works only)

When cement is issued in bags, 5% variation in its weight shall be deemed to have been
allowed for loss in handling. Each bag shall be deemed to weigh 50 Kg. The successful e-
tenderer shall ensure that the correct quantity and only good quality cement is used on the
works.

For reinforcement steel (mild or tor rounds, the weight for issue purpose and recoveries of
cost thereof, shall be the actual weight i.e. R.R (Railway Receipt) weight or mill scale weight
if supplied by wagon direct or truck weigh bridge weight recorded at producer‟s works or
suppliers stockyard if delivery is by road.

If steel is issued from the Museum/Centre‟s store the successful e-tenderer should arrange for
necessary labour for weighment and shifting, loading etc. without any extra cost to the
Museum/Centre. Steel may, alternatively, be issued by measurement of lengths (for which
labour will be arranged by the successful e-tenderer, at his cost) multiplied by standard
coefficients. However, the cost of issued steel will be recovered on the basis of weights
indicated in the R.R. (Railway Receipt) or weigh-bridge challan issued by the concerned
authority owning the weigh-bridge. Cost of recoveries of steel will be on the basis of weight
recorded on the approved Weigh-bridge challan irrespective of the method of measurement of
steel on the works. It shall be the sole responsibility of the Successful e-tenderer to use
appropriate diameter of rods for reinforcement in different structural components in
accordance with the drawings and any damage to the structural members for non-
conformation to specifications and drawings shall be made good by the successful e-tenderer
without any extra cost to the Museum/Centre. Since payment for steel would be made on
basis of standard co-efficient on length, the successful e-tenderer should ensure that each dia
of rods issued conform to standard co-efficient, and in case it is not, he should at once report
to the Engineer and get standard co-efficient established for specific diameter and specific
quantity. Weight of steel shall be measured correct to three decimal places. Standard co-
efficient will be established in presence of (a) Successful e-tenderer‟s representative (b)
stores officer or his representative (c) the Engineer.
Steel issued by the Museum/Centre as stated in appendix sheet shall mean mild steel rounds
and tor steel to be used exclusively for RCC works. Steel for holdfasts, squares, flats, etc. are
to be procured by the Successful e-tenderer.

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58. RETURN OF STEEL (for civil works only)

While receiving the surplus steel back from the successful e-tenderer after the end of the
project, the Museum/Centre shall not accept cut pieces less than 3 meters of length. The
Successful e-tenderer should take care while cutting rod that the wastage is minimum i.e. he
should cut required lengths in such a way that maximum steel is used out of quantity supplied
or as directed at site by the Engineer. Variation over 5% will be allowed by the Engineer, if
he is satisfied about abnormal wastage.

59. CEMENT CONSUMPTION (for civil works only)

If the actual consumption of cement is more (upto 5% over theoretical consumption) or less
(upto 5% below theoretical consumption) no additional recovery shall be made from the
Successful e-tenderer. If the actual consumption exceeds 5% over the theoretical
consumption, successful e-tenderer shall have to return the surplus cement issued over 5%
allowable margin and if he fails to do so, recovery for excess cement shall be made at issue
rate or market prevailing on completion date whichever is higher in lieu of issue rate. If
however the Engineer is satisfied that excess cement over 5% has actually been used in the
work including rectification and dismantled work, and that it has not been removed by the
successful e-tenderer from site nor used wastefully, he may allow excess over 5% by waiving
recovery at higher rate and his decision in this regard shall be final and binding. If the
cement used is less than 5% and the work is of acceptable standard, recovery for cement less
used shall be made at issue rates + 15% successful e-tenderer‟s overheads and profits after
allowing 5% variation. C.P.W.D. Cement constants will be used for calculating theoretical
cement consumption. 10% excess of cement consumption on hand mixed concrete, if hand
mixing is permitted by the Engineer due to any reason, shall not be recovered from the
successful e-tenderer, unless such consumption is due to the successful e-tenderer‟s faulty
equipment.

60. CONCEALED R.C.C. BEAMS/LINTELS (for civil works only)

If in R.C.C. slab extra bars or steel cage is provided to act as a lintel or beam over an
opening, the same will be measured as slab and not as beam/lintel. If in case of R.C.C. wall,
extra bars or steel cage is provided to act as a lintel or beam over an opening, the same will
be measured as wall and not as lintel/beam. R.C.C. column integrated in shear wall shall be
measured as wall if of same thickness, and as R.C.C. column if its thickness is more than that
of shear wall.

61. PROJECTION (for civil works only)

Slab projection from the face of wall/column shall be measured under item R.C.C. work in
slabs and not under item R.C.C. work in chajjas.

62. DRIP GROOVE (for civil works only)

The Successful e-tenderer shall provide drip groove at all ends of slabs/lintels/beams, if
required, to protect rain water from entering inside the boundary of the structure, within
quoted rates of R.C.C. work.

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63. PLASTERINGON RCC SURFACE (for civil works only)

Wherever R.C.C. surface are to be plastered to bring it in line with the brick and/or stone wall
plaster of the same mix, payment for such plaster, will be made under the item of plastering
only irrespective of the fact whether there is any increase due to odd or even surface of brick
or stone work below and/or adjoining it.

64. M.S. REINFORCEMENT (for civil works only)

Rate quoted for placing in position and fabrication of mild steel/ribbed tor/TMT steel
reinforcement should include for straightening and cleaning including removing the rust of
the bars at works site, cutting, cranking, hooking hoisting at required levels, cost of providing
binding wire of 18 to 20 SWG etc. complete and no separate payment will be made on this
account. Payment for reinforcement, however, to be considered on the basis of measurement
as per drawing plus standard laps actually provided at site, plus chairs and spacing bars
allowed by the Engineer.

65. BRICK WORK (for civil works only)

Rate shall include for tapering of bricks over column footings, over walls, steps, etc. and for
exposed brick work, or any other work. Rate for brick work also includes work in pillars and
small horizontal courses.

66. BRICK WORK(S) HEIGHTS/DEPTHS (for civil works only)

The height or width of foundation steps and superstructures will be measured as per actuals.
The successful e-tenderer shall use suitable bricks and adjust the thickness of mortar joints to
make up the widths or heights as per drawings, with due regard to size of brick available.

67. EARTHWORK

The measurements of earthwork in trenches for foundation, sewer lines etc. shall be made
according to the section of trenches shown on the drawing. The successful e-tenderer shall
include in his rate excavating for stepping and slopping back, working space for workmen as
found necessary on account of condition of soil. Excavation so made in excess shall not be
measured & paid for.

52
 FORMAT FOR
BOND FOR SECURED ADVANCES AGAINST
SUPPLY OF MATERIALS

KNOW ALL MEN by these presents that I/WE ……………………………………………

…………………………………………………. do hereby bind myself/ourselves, my/our respective
heirs, executors, administrators and assigns to pay to the…………………..
…………………………………………………….………………………………………. under the
National Council of Science Museums a Society registered under the Societies Registration Act,
1961 (hereinafter called „The Museum/Centre‟) on demand a sum of Rs .……………….. (Rupees
……………………………………......... .....................................
…………………………………………………………………………………………………………
…………………………………………………………………only).

Dated this …………………………day of ……………………………two thousand and

…………………………………………………………………….…………………only).

WHEREAS by an agreement dated……………………………………………………for work of

……………....…………………………………………………………………… …………… the
Museum/Centre has agreed in its discretion to allow advance on security of materials belonging to
me/us and brought by me/us to the site of the works undertaken by me/us for construction purposes.

AND WHEREAS the Museum/Centre has agreed to advance to me/us a sum of

Rs……………………(Rupees………………………………………………………….......
…………………………………………………………………………………………only)
on the security of materials shown in the schedule below and the said Museum/Centre has granted
advance of Rs………………………………….…………...…………………
………..…………………………………………………………………

NOW THE CONDITIONS OF THE SAID WRITTEN OBLIGATION IS THAT IN THE EVENT
OF THE SAID BOUNDEN

(i) not using the sum advanced for expediting the execution of the works under the said contract.

(ii) offering as security properly, not absolutely his own property or encumbered in any manner.

(iii)not acting in accordance with the terms of the agreement for the execution of the work.

(iv) failing to make at his own cost all necessary and adequate arrangements for the proper watch,
safe custody and protection against all risks of the materials which shall remain in the site of the
said works in his own custody and at his responsibility, open to inspection by the Museum/Centre
or any officer authorised in that behalf.

(v) using the materials or any part thereof in such a manner as to be damaged or deteriorated in a
greater degree than is due to usual wear and tear thereof.

53
(vi) removing the said materials from the site of works except with the written permission of the
Museum/Centre or any officer authorised in that behalf.

(vii) failing to repay the advance in full before receiving payment of the price payable to him for
the said work under the terms and the provision of the said agreement.

(viii) defaulting in the performance or observance in any respect of any of the terms and the
provisions of the agreement.

(ix) or committing a breach in any manner whatsoever of any other terms of the contract or default in
repayment of the money

AND upon his making such payment the above written obligation shall be void and of no effect,
otherwise, it shall be and remain in full force and vital.

Provided always that it is hereby agreed and declared the decision of the Museum/Centre as to
whether the said …………………….………………………has or has not performed the obligations
and observed the conditions hereinbefore recited shall be final and binding on the successful e-
tenderer.

Signed by the above bounden

………………………………………………………………………………………………

in the presence of

(1) ……………………………………………………

(2) ……………………………………………………

54
 Annexure-“A”

(To be submitted on Agency‟s Letter Head in the Portal as well as hard copy to the TIA)

Ref: Date:

DECLARATION

We, M/s. …………………………………………………, hereby solemnly declare as follows, in

respect of the Ref. No. ……………………………… :-

a) That, we have downloaded all the documents from CPP e-Procurement Portal of NIC and all
the uploaded information / statements are true to the best of our knowledge.

b) That, our firm is not involved in any Litigation or Arbitration with NCSM or any of its
constituent units during the last 05 (five) years.

Yours faithfully,

Date: (Signature of the tenderer)

with company seal/rubber stamp
Place:

55
 Annexure – “B”

(Format for Declarations & Undertaking to be typed on bidder agency‟s letterhead and to be
submitted in Part –I (TECHNICAL ENVELOPE) of the e-tender document)

DECLARATION -1

This is to certify that neither I/we/any of us is in anyway related to any employee in the
Visvesvaraya Industrial and Technological Museum, Bengaluru, or any of its constituent units.

Date: (Signature of the tenderer)

with company seal/rubber stamp
Place:

DECLARATION -2

I/We hereby declare that I/we have not quoted any extra condition along with the Part-I
(TECHNICAL ENVELOPE) and Part-II (FINANCIAL ENVELOPE) of the e-tender.

Date: (Signature of the tenderer)

with company seal/rubber stamp
Place:

UNDERTAKING

This is to certify that I/we have carefully gone through the drawings/specifications, etc. given
in the e-tender document & have clearly understood the site working conditions, time schedule given
and have accordingly quoted my balanced rates after going through all details.

I/we hereby give an undertaking that I/we shall carryout the work strictly as per the given
specifications, and shall complete the same within the stipulated time frame.

I/We also undertake that the EMD amount payable shall be either transferred online or the
physical EMD instrument and originals of Annexure A, B C and D shall be deposited by me/us
with the office of VITM inviting the e-tender before the bid opening date otherwise the VITM
inviting the e-tender may reject the bid and also take action to withdraw my/our enlistment or debar
me/us from further tendering in VITM or its constituent units.

Date: (Signature of the tenderer)

with company seal/rubber stamp
Place:

56
 Annexure – “C”

VISVESVARAYA INDUSTRIAL AND TECHNOLOGICAL MUSEUM

(NATIONAL COUNCIL OF SCIENCE MUSEUMS)
KASTURBA ROAD
BENGALURU – 560 001

TENDER NO: 28(19)/2024-25/RSCPC/W/ DATED: 29.11.2024

(All Particulars/ information should be given in the following format with complete details)

1. Name of the Agency :

2. Full Postal Address :

3. Telephone Number :

4. Fax No./E-mail Address :

5. Whether proprietorship or partnership :

6. Names and professional qualifications of the

proprietor or of partners

7. Description of similar type of Civil building

construction with waterproofing works
carried out in last 07 years in Govt. / Semi-
Govt./ Autonomous Organizations /PSUs
and/or Reputed Institutions. (Attach copy
of the Work Order & Completion
Certificate of similar nature of work of
requisite magnitude issued by appropriate
Authority in pdf. format) :

a) Client :

b) Name of the work :

c) Cost of work :

57
 d) Period of completion :

e) Staff employed :

8. Present assignments if any :

(Attach supporting documents in pdf format)

9. List of mechanical equipment owned by the

firm :

10. Bank Solvency certificate from a

Nationalized/Scheduled Bank suitable for
taking up this work :

11. Annual turnover of the firm :

(Attach Audit Balance sheet for last 3 years)
including past 3 months GST return filling
documents/ acknowledgment etc.

12. PAN card No. :

(Attach Copy in pdf format)

13. GS TIN Registration No. :

(Attach Copy in pdf format)

Certified that the information furnished above are true to the best of my/our knowledge. It is
hereby declared that I/we will abide by the decision of Visvesvaraya Industrial and Technological
Museum, Bengaluru regarding selection of eligible firms for opening of Financial Bid.

Place :

Date : Signature of the Tenderer with date & Seal

Note:

58
1. Enclosures may be attached (in pdf format) if the space is found inadequate/ wherever required

2. Completion certificate along with performance Certificate, photograph (if available) and payment certified
true copy or any other document evidencing value of completed value of work to be submitted, giving name
of work, value of works, completion period etc. The NCSM/Centres reserves the right to verify the
submitted documents with original at any stage

3. If the submitted experience certificates of satisfactorily completion are issued by the private client, then in
support of the authentication of the submitted experience certificates, notarized TDS Certificates / or a
Chartered Accountants (duly indicating the Membership No. Date and Place of signing) Certificate
stating the cost of the project issued by the concerned authorities for the subject work shall also be
submitted along with the documents

4. Certified I.T. return along with audited balance sheet for the last 03 (three) years and copy of PAN Card
should be submitted

59
 ANNEXURE „D‟- Special condition of contract

NO: 28(19)2024-25/RSCPC/W/ DATED: 29.11.2024

1. The bidder must visit and understand himself about the site condition, before quoting

2. The bidder is advised to adhere to the makes/brands of individual items as specified in the
Bill of Quantities of waterproofing item and quoted accordingly and no departure from the
specified makes/brands will be allowed

3. The waterproofing should cover a minimum warranty period for five years

4. Bidder should be ready to attend the problem within a week time, if any issues reported
within the warranty period

5. Bidder is allowed to claim the EMD plus SD amount after one year by producing a valid
Bank Guarantee to the equivalent value, covering the remaining warranty period of 4 years

6. The bidder shall be responsible for plugging leakages appropriately at the place of treatment
at his own cost during the warranty period to the satisfaction of the authorities of VITM

7. On completion of the work in all respects, the bidder shall execute a warranty certificate on a
non-judicial stamp paper of appropriate value for rectification of defects/leakages in the
waterproofing work free of cost within 7 days from the date of reporting of such
defects/leakages, if any and if he fails to do so, the entire SD including EMD shall be
forfeited without notice to the bidder, subject to the condition that VITM shall have the right
to claim damages from the bidder for non-fulfilment of the warranty conditions. Also, if the
rectification is not attended by the agency, museum reserves rights to BLOCKLIST the
contractor in any future contracts of NCSM and its constituent units

Signature of the Tenderer with date & Seal

60
 Visvesvaraya Industrial & Technological Museum
Kasturba Road, Bengaluru
BoQ for Providing and applying waterproofing treatment for Planetarium at RSC & P, Calicut
Sl.
Brief description of items Unit Rate Quantity Amount Remarks
No.
1 Dismantling roofing including ridges, hips, valleys and gutters etc., Sqm 77.30 775.00 59,907.50
and stacking the material within 50 metres lead of: Asbestos
Cement sheet/ Mangalore tile roofing
2 Dismantling old plaster or skirting raking out joints and cleaning Sqm 54.65 40.00 2,186.00
the surface for plaster including disposal of rubbish to the dumping
ground within 50 metres lead.
3 Repairs to plaster of thickness 12 mm to 20 mm in patches of area Sqm 547.40 40.00 21,896.00
2.5 sq.meters and under, including cutting the patch in proper
shape, raking out joints and preparing and plastering the surface of
the walls complete, including disposal of rubbish to the dumping
ground, all complete as per direction of Engineer-in-Charge. With
cement mortar 1:4 (1cement: 4 coarse sand)

4 Add for plaster drip course/ groove in plastered surface or Metre 78.40 16.00 1,254.40
moulding to R.C.C. projections.
5 Painting with synthetic enamel paint of approved brand and Sqm 226.25 5.00 1,131.25
manufacture of required colour to give an even shade Two or more
coats on new work over an under coat of suitable shade with
ordinary paint of approved brand and manufacture

6 Finishing walls with Premium Acrylic Smooth exterior paint with sqm 171.10 170.00 29,087.00
Silicone additives of required shade: New work (Two or more
coats applied @ 1.43 Itr/10 sqm over and including priming coat
of exterior primer applied @ 0.90 litre/10 sqm)
7 Providing and applying waterproofing on the terrace of 5 coats in Sqm 705.00 775.00 5,46,375.00
combination of Butadine Rubber (Make: Bostik India) & polymer
cement (Make: ACC), Butadine rubber, Alumina mica ceramic
powder (Make Hindalco) & White cement, a penetration sealer
(Make MRF) and polyurethane (Make Akzonoble) mixed with
micro sphere (Make 3M) final coat. The working methodology
shall comprises of following steps

The total area is to be thoroughly cleaned and all the debris is to

beremoved outside the premises to any lead & lift including
removal of existing cement plaster whereever necessary. (Removal
of cement plastering shall be measured seperately)

All cracks are to be identified and marked

All cracks and crevices are then to be coated with Butadine Rubber
and Polymer cement is filled in the cracks and crevices.

Over the filled surface one more coat of Butadine rubber is applied
to consolidate the polymer cement.
Over this surface, 1st coat of slurry is to be applied and allowed to
dry ( slurry is a combination of equal quantity of Butadine rubber ,
Ceramic powder, White cement and Alumina with water)

Over the dried surface 2nd coat of slurry is to be applied and

allowed to br dried.
Over the dried surface , 2 coats of concrete penetration
primer/sealer (Make MRF) is applied with inter coat interval of 2
hours between each coat .

61
Sl.
Brief description of items Unit Rate Quantity Amount Remarks
No.
Over the dried surface ,which is totally laminated, one coat of
polyurethane of make akzonoble (mixed with micro sphere (make
3M) of 30 micron at 20 gms per litre) in white colour is applied
and allowed to dry. Rate shall be inclusive of all taxes as
applicable, other tools, tackles, supports, specialists etc., as
necessary for the work at terrace and places where height exceeds
5m. This waterproofing system should cover a minimum warranty
period of 5 Years
Approved Make: Butadine Rubber - Bostik India, Polymer Cement
- ACC, Alumina Mica ceramic Powder 40 micron - Hindalco,
Concrete Penetration Primer/sealer - MRF, Polyurethane -
Akzonoble & Micro Sphere - 3M
8 Providing & fixing on roof pressed clay tile (Mangalore tile) of 20 Sqm 978.81 388.00 3,79,778.28
mm nominal thickness and of approved size and as per approved
pattern on existing slope roof with roff cement at all heights and
slopes as per the site condition cost includes all leads and lifts
involved. Llaid as per approved pattern on existing work complete.

9 Removing and re-laying the pressed clay old tile (Mangalore tile) Sqm 412.17 388.00 1,59,921.96
with roff cement cost including cleaning the tile with suitable
material and make good and at all heights and slopes as per the
site condition leads and lifts involved. Laid as per approved
pattern on existing work complete.
10 Providing & laying on roof pressed clay tile ridge (Mangalore tile) Rmt 186.88 130.00 24,294.40
of 20mm thickness and of approved pattern on existing roof with
roff cement at all heights and slopes as per the site condition cost
includes all leads and lifts involved. Llaid as per approved pattern
on existing work complete
11 Providing and fixing double scaffolding system (cup lock type) on Sqm 338.25 395.00 1,33,608.75
the exterior side, up to seven story height made with 40 mm dia
M.S. tube 1.5 m centre to centre, horizontal & vertical tubes
joining with cup & lock system with M.S. tubes, M.S. tube
challies, M.S. clamps and M.S. staircase system in the scaffolding
for working platform etc. and maintaining it in a serviceable
condition for the required duration as approved and removing it
there after. The scaffolding system shall be stiffened with bracings,
runners, connection with the building etc wherever required for
inspection of work at required locations with essential safety
features for the workmen etc. complete as per directions and
approval of Engineer-in-charge. The elevational area of the
scaffolding shall be measured for payment purpose. The payment
will be made once irrespective of duration of scaffolding. Note: -
This item to be used for maintenance work judicially, necessary
deduction for scaffolding in the existing item to be done.

12 Disposal of moorum/building rubbish/ malba/ similar cum 494.10 12.00 5,929.20

unserviceable, dismantled or waste material by mechanical
transport including loading, transporting, unloading to approved
municipal dumping ground for lead upto 10 km for all lifts,
complete as per directions of Engineer-in-charge.
Note - Item to be applicable in urban areas having directions for
restricted hours for movement/plying of load carrying motor
vehicle of 3.5 cum or more.
Total 13,65,369.74
Total estimate value after Correction factor on DSR 2023 on 13,28,504.76
aacount of GST @ 0.973
R/o 13,28,505.00

Signature Not Verified

Digitally signed by LAKSHMI PREMKUMAR
Date: 2024.11.29 16:17:54 IST
Location: eProcure-EPROC
62