Fact Conditions
Fact Conditions
Fact Conditions
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SPECIAL CONDITIONS
1] Safety is of prime importance to FACT and the contractor while executing the job shall
ensure all safety precautions prevailing in the company. Safety gear such as safety helmet &
safety shoes, shall be arranged by the contractor.
2] A list of Skilled and experienced ITI qualified fitters / welders shall be submitted by the
successful bidder with relevant certificates and approval has to be obtained from department
concerned before starting the work. The contractor should supply the fitters / welders from the
approved list as per requirement. ITI Welders shall qualify the welding test conducted by FACT.
The fitters / welders should be locally available and reach the site immediately after getting
intimation from the department. (Duty time shall be 8 hrs from the time of reporting at site, on
Three-shift basis including Sundays and holidays)
3] Two set of spanners required for general works and one Cutting torch with regulators shall
be arranged by the contractor.
4] The work will be governed by our general and special conditions of contract also.
5] Period of contract shall be Six months.
6] The quantities given in the schedule are only approximate. There shall be no limits set for
variation of quantities under individual items. If the quantity against any one item becomes
excess, this shall be adjusted for quantity under some other head where it is less. For this
purpose the amount for the extra work done under item with lesser quantity shall be treated as
an amount of the work done under the item with excess quantity. However, the total value of
the contract shall remain unchanged.
7] The workmen engaged by the contractor shall possess the identity card issued by the CISFFACT-CD unit.
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3.0 RATES
3.1 The accepted rates shall be for all the operations as per schedule of work and shall be inclusive
of all labour charges such as daily wages, holiday wages, overtime wages, leave wages, canteen
subsidy, bonus, retrenchment benefits, etc., incidental charges and profits, overheads etc. Rates
shall also include elements of accident and medical expenses of labour, if required.
3.2 The rates shall be firm till the completion of the work including extended period, if any and no
claim for revision of rates on any account will be entertained. Also no claim due to any variation
of quantities of individual items will be entertained. Contractor shall execute work at agreed rates
up to +/- 25% of the initial contract value, if required.
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4.2 BY CONTRACTOR
4.2.1 Contractor shall procure in time, at his own cost and use in work all materials required for
carrying out the work other than materials to be issued by the Company. All such materials
so procured and brought to site shall be stored by contractor at the allotted places and
security arrangements for the same shall be contractors responsibility.
4.2.2 Materials under the contractors scope shall be provided in sufficient quantities and in time
so that the work can be proceeded uninterruptedly. Contractor shall take advance action
for procurement of all such items which are in scarce supply/availability of which are
seasonal etc.
4.2.3 Materials provided by the contractor shall be brand new and of specifications agreed
herein or approved by the Engineer-in-charge. Decision by the Engineer-in-charge shall be
final and binding on the contractor in respect of whether the material provided is in
conformity to agreed specifications or not.
4.2.4 Rejected materials, if any, shall be removed by the contractor from the site immediately as
per instructions.
4.2.5 Approval by the Engineer-in-charge or his representative shall not relieve the contractor of
his responsibility to use materials of specified quality suitable for work and replacement/rework if necessitated consequent to use of substandard materials shall be carried out by
the contractor at his own cost.
4.2.6 Whenever materials are to be brought inside the factory, the contractor shall give a
declaration at the security gate, indicating the name of work, Work Order No. and the
details of materials with quantities against each brought inside, with copies of invoice (if
any), in triplicate and get the acknowledgement from the Security Officer-in-charge at the
gate.
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If the work is delayed due to reasons attributable to owner or due to force majeure conditions,
Contractor shall be given suitable extension of time but will not be eligible for any other claim or
compensation.
6.4 If the work is delayed due to reasons attributable to the contractor, Liquidated Damages will be
recovered from the contractor at the rate of % (Half Percent) of the contract value per each
week or part thereof, of delay, subject to a maximum of 7.5 % of the contract value.
6.5 If in the opinion of the Engineer-in-Charge the works are unduly delayed, owner shall have the
right to get such delayed items of work executed through any other agency of its choice at the
risk and cost of the contractor.
7.0 PAYMENTS
7.1 Interim, on account payment will be made monthly depending on progress of work against
running bills at 95% of value or part of work executed after deducting Income Tax and any other
amount due to OWNER.
7.2 Final contract price will be paid after completion of work in all respects and taking over by
OWNER, clearance of site, settlement of pending claims on account of labour employed by
contractor and after deducting all payments already made, Liquidated Damages if any, income
tax, any other amount due to owner etc.
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Worked out from data on the basis of which estimate for the work was prepared,
adding the rate or deducting there from, the overall tender variation.
Based on actual, if the rates cannot be arrived at in any of the above manner. In this
case the actual cost of materials, labour, incidental charges and all that is necessary
for the work plus 10 % towards overheads and profit will be paid to the contractor.
For working out rates on the basis of actual, the contractor shall produce
documentary evidence of various expenses incurred by him and details such as
labour engaged, materials purchased etc. shall be reported to Engineer-in-Charge
as and when such expenditure occurred.
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15.0 DISPUTES
15.1 Should there be any discrepancy, inconsistency, error or omissions in the contract or any of the
contract documents the matter may be referred to the concerned Controlling Officer through the
Engineer-in-charge who shall give his decision and issue to the contractor instructions directing
in what manner the work is to be carried out. The decision of the Controlling Officer shall be
final and conclusive and the contractor shall carry out the work in accordance with his decision.
15.2 This contract shall be subject to and shall in all respects be governed by Indian law. If any
dispute(s) arises out of or in connection with this contract, or in respect of any defined legal
relationship associated therewith or derived there from, the parties agree to submit the disputes
to arbitration under the ICADR (International Center for Alternate Dispute Resolution)
Arbitration Rules 1996. The authority to appoint the Arbitrator shall be the International Centre
for Alternate Dispute Resolution. The number of Arbitrator shall be one and the language of the
arbitration proceedings shall be English. The place of arbitration proceedings shall be
Ernakulam in Kerala.
15.3 Any legal proceedings relating to this contract shall be limited to courts of law under the
jurisdiction of the Kerala High Court at Ernakulam.
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The contractor shall observe all statutory and legal requirements by Central and State
Governments applying to the work as well as any local regulations applying to the site
issued by
Owner or any authority.
2.
3.
Staircases, doors or gangways, must not be obstructed in any way that will interfere with means of
access or escape.
4.
The contractor shall notify Owner of his intention to bring on site any equipment or container
holding liquid or gaseous fuel or other substances, which might create a hazard. The Owner will
have the right to prohibit the use of such equipments or to prescribe the conditions under which
such equipment may be used.
5.
Where it is necessary to provide and / or store petroleum products or petroleum mixtures and
explosives, the contractor shall be responsible for carrying out such provisions and or storage in
accordance with the rules and regulations laid down in Petroleum and Carbide of Calcium Manual
published by the Chief Inspector of Explosives of India. All such storage shall have the prior
approval of Owner. In case approvals are required from Chief Inspector of Explosives or any
statutory authorities, the Contractor shall be responsible for obtaining the same.
6.
The Contractor shall be responsible for the safe storage and use of any radiographic sources or
those of his subcontractors.
7.
Work Permit in the prescribed Proforma shall be obtained from Owners Safety Engineer/Engineerin-charge before carrying out any work within the project premises in the following situations.
a) Any work involving open flames and sparks such as welding gas cutting, soldering, grinding etc.
b) Sand blasting.
13. Entry into hazardous and potentially hazardous areas.
8.
Good house keeping must be practiced by Contractors personnel at all times within the project
area.
9.
For the safe execution of works, personal protective/safety devices like helmets & shoes as
stipulated by Safety Codes/Safety Engineer shall be provided and maintained by the
contractor.
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10.
Any unsafe work practice/working conditions during execution of work shall be corrected
immediately on bringing the same to the attention of contractor by owners Safety Engineer.
11.
Contractor shall strictly adhere to safe traffic practices within plant area with respect to speed limit,
parking of vehicles etc.
12.
All scaffolding pipes shall be fastened with clamps and tying of pipes with ropes, coir etc
shall not be normally permitted
13.
13.7.
In no circumstances will the contractor interfere with fuses and electrical equipments belonging to
the owner or other contractors.
Before the contractor connects any electrical appliance to any plug or sockets belonging to the
other contractor or owner he will
13.8.
Permission for power connection will not be granted until Owner/Engineer -in-charge is satisfied
that the appliance is in good working condition and proper earthing connection Provided.
13.4.
No electric cable in use by other Contractor/Owner will be disturbed without prior permission. No
weight of any description will be imposed on any such cable and no ladder or similar equipment will
rest against or be attached to it.
13.5.
No work must be carried out on any live equipment. The equipment must be made safe and a
WORK PERMIT issued by Engineer-in-charge shall be taken before any work is carried out.
13.6.
Contractor shall employ a full time electrician to maintain the temporary electrical installation of the
contractor.
13.7.
Contractor shall follow detailed Safety Procedure issued by OWNER at the time of
commencement of work updated from time to time.
13.8.
The contractor shall bring adequately rated switch board / junction box, fitted with ELCB
and other safety devices for getting temporary electrical connections to portable tools,
lighting supply etc.
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