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RAJASTHAN STATE SPORTS COUNCIL

Sawai Mansingh Stadium, Jaipur (Rajasthan)

No. 33 08.03.2017
NOTICE INVITING BIDS
Selection of Contractor/s for Design & Construction of (i) Indoor
Stadium at Udaipur and (ii) Khel Bhawan at Jaipur on EPC Basis

Rajasthan State Sports Council Rajasthan (RSSC), the apex body for
development of sports activities in the State, invite separate bids for Design &
Construction of (i) Indoor Stadium at Udaipur (Estimated cost- Rs. 25 Crores)
and (ii) Khel-Bhawan at Jaipur (Estimated cost –Rs. 10 Crores). Both projects
will be developed on Engineering Procurement Construction (EPC) mode.
The bid documents for both the projects containing eligibility criteria, scope
of work, instructions to bidders, bid submission formats etc will be available
for download from March 22, 2017 onwards from www.rssc.in
www.sppp.rajasthan.gov.in and www.eproc.rajasthan.gov.in
Online bids can be submitted for these projects separately at
www.eproc.rajasthan.gov.in latest by April 24, 2017. Further updates about
the bidding will be available ONLY on these websites therefore interested
parties are advised to visit these websites regularly for updates.
Secretary, Rajasthan State Sports Council
Phone: 0141-2744283 , Fax: 0141-2740568 , E-mail: info@rssc.in , Website: www.rssc.in
REQUEST FOR PROPOSAL
for

Design & Construction of Multipurpose


Indoor Stadium at Maharana Pratap Khel
Gaon, Udaipur on EPC Mode

Last Date of Submission of Bid (Online) at www.eproc.rajasthan.gov.in: April 24, 2017, upto 4:00 PM
RFP document RFP

Disclaimer

The information contained in this Request for Proposals document (the “RFP”) or subsequently
provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of
RSSC/Authority or any of its employees or advisors, is provided to Bidder(s) on the terms and
conditions set out in this RFP and such other terms and conditions subject to which such
information is provided.

This RFP is not an agreement and is neither an offer nor invitation by RSSC/Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their technical and financial
offers (Bids) pursuant to this RFP. This RFP includes statements, which reflect various
assumptions and assessments arrived at by RSSC/Authority in relation to the Project. Such
assumptions, assessments and statements do not purport to contain all the information that
each Bidder may require. This RFP may not be appropriate for all persons, and it is not
possible for RSSC/Authority, its employees or advisors to consider the investment objectives,
financial situation and particular needs of each party who reads or uses this RFP. The
assumptions, assessments, statements and information contained in the RFP document may not
be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability
and completeness of the assumptions, assessments, statements and information contained in
this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.

RSSC/Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Bidder under any law, statute, rules or regulations or
tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of anything contained in
this RFP or otherwise, including the accuracy, adequacy, correctness, completeness or
reliability of the RFP and any assessment, assumption, statement or information contained
therein or deemed to form part of this RFP or arising in any way for participation in this Bid
Stage.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
on EPC Mode
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RSSC/Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements contained
in this RFP.

RSSC/Authority may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the information, assessment or assumptions contained in this
RFP.

The issue of this RFP does not imply that RSSC/Authority is bound to select a Bidder or to
appoint the Selected Bidder or Contractor, as the case may be, for the Project and
RSSC/Authority reserves the right to reject all or any of the Bidders or Bids without assigning
any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission
of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by RSSC/Authority
or any other costs incurred in connection with or relating to its Bid. All such costs and
expenses will remain with the Bidder and RSSC/Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding
Process.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
on EPC Mode
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Abbreviations and Definitions

“Accounting Year” OR “Financial Year” means the financial year commencing


from the 1st (first) day of April of any calendar year and ending on the 31st (thirty-
first) day of March of the next calendar year

“Affected Party” shall have the meaning set forth in Clause 19.1 of Contract
Agreement;

“Contract Agreement” OR “Agreement” means this Contract Agreement, its


Recitals, the Schedules hereto and any amendments thereto made in accordance
with the provisions contained in this Contract Agreement;

“Applicable Laws” means all laws, brought into force and effect by Government
of India (GoI) and/or Government of Rajasthan (GoR) and/or the State
Government(s) including rules, regulations and notifications made thereunder, and
judgements, decrees, injunctions, writs and orders of any court of record,
applicable to this Contract Agreement and the exercise, performance and
discharge of the respective rights and obligations of the Parties hereunder, as may
be in force and effect during the subsistence of this Contract Agreement;

“Applicable Permits” means all clearances, licences, permits, authorisations, no


objection certificates, consents, approvals and exemptions required to be obtained
or maintained under Applicable Laws in connection with implementation of the
Project during the subsistence of this Contract Agreement;

“Appointed Date” means that date which is later of:

a) the 15th (fifteenth) day of this Contract Agreement;

b) the date on which the Authority has provided the Contractor access to the
Project Site for implementation of the Project in conformity with the
provisions of Clause 8.2; and

“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall
include modifications to or any re-enactment thereof, as in force from time to
time;

“Authority” or “RSSC” shall mean the Rajasthan State Sports Council (RSSC)

“Authority Default” shall have the meaning set forth in Clause 21.2.1 of Contract
Agreement;

“Authority’s PMC” shall have the meaning set forth in Clause 16.1.1 of Contract
Agreement;

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
on EPC Mode
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“Authority Representative” means such person or persons as may be authorised


in writing by the Authority to act on its behalf under this Contract Agreement and
shall include any person or persons having authority to exercise any rights or
perform and fulfil any obligations of the Authority under this Contract Agreement;

“Bank” Bank shall mean a Scheduled Bank within Reserve Bank of India Act, 1934;

“Bank Guarantee” means an irrevocable and unconditional bank guarantee


payable on demand issued by a Bank in favour of Secretary, Rajasthan State Sports
Council, Jaipur and furnished by the Selected Bidder/Contractor to the Authority
for guaranteeing the due performance of the obligations of the Contractor under
this Contract Agreement;

“Bid” means the documents in their entirety comprised in the Bid (Technical Bid
and Financial Bid) submitted by the Contractor in response to the RFP document
issued by the Authority in accordance with the provisions thereof;

“Bidder” means as defined in Clause 1.1.3 of Volume-I (Instruction to Bidders).

“Bid Due Date” means as defined in Clause 1.3 of Volume-I (Instruction to


Bidders).

“Bidding Process” means as defined in Clause 1.2.1 of Volume-I (Instruction to


Bidders).

“Bid Security” means a Demand Draft/ Bank Guarantee issued by a Bank in favour
of Secretary, Rajasthan State Sports Council, Jaipur for an amount of Rs. 50 Lakhs
(Rupees Fifty Lakhs) provided by the Selected Bidder along with its Bid;

“Change in Law” means the occurrence of any of the following during the
subsistence of Contract Agreement:

a) the enactment of any new Indian law;

b) the repeal, modification or re-enactment of any existing Indian law;

c) the commencement of any Indian law which has not entered into effect until
the date of execution of this Contract Agreement;

d) a change in the interpretation or application of any Indian law by a


judgement of a court of record which has become final, conclusive and
binding, as compared to such interpretation or application by a court of
record prior to the date of execution of this Contract Agreement; or

e) any change in the rates of any of the Taxes or royalties that have direct
effect

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
on EPC Mode
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For avoidable of doubt, it is clarified that the changes in the taxes regime/
structure during the subsistence of Contract Agreement including the upcoming
Good and Services Tax (GST) Act shall not be considered as an event of Change in
Law.

“Change of Scope” shall have the meaning set forth in Article 13 of Contract
Agreement;

“Change of Scope Notice” shall have the meaning set forth in Clause 13.2.1 of
Contract Agreement;

“Change of Scope Order” shall have the meaning set forth in Clause 13.2.4 of
Contract Agreement;

“Completion Certificate” shall have the meaning set forth in Clause 12.4.1 of
Contract Agreement;

“Conflict of Interest” shall have the meaning set forth in Clause 6.2 of Volume-I
(Instructions to Bidders)

“Construction” shall have the meaning set forth in Clause 1.2.1 (f) of Contract
Agreement;

“Construction Completion Date” means the date on which the Completion


Certificate is issued by the Authority to the Contractor which is not later than 18
(eighteen) months from the Appointed Date;

“Construction Completion Schedule” means the progressive Works/ Project


Milestone as set forth in Article 10.3 of Contract Agreement;

“Contract Price” means the amount specified in Clause 17.1.1 of Contract


Agreement;

“Contractor” shall have the meaning attributed thereto in the array of Parties
hereinabove as set forth in the Recitals;

“Contractor Default” shall have the meaning set forth in Clause 21.1.1 of
Contract Agreement;

“Cure Period” means the period specified in this Contract Agreement for curing
any breach or default of any provision of this Contract Agreement by the Party
responsible for such breach or default and shall:

a) commence from the date on which a notice is delivered by one Party to the
other Party asking the latter to cure the breach or default specified in such
notice;

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on EPC Mode
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b) not relieve any Party from liability to pay Damages or compensation under
the provisions of this Contract Agreement; and

c) not in any way be extended by any period of Suspension under this Contract
Agreement; provided that if the cure of any breach by the Contractor
requires any reasonable action by the Contractor that must be approved by
the Authority hereunder, the applicable Cure Period shall be extended by
the period taken by the Authority to accord their approval;

“Damages” shall have the meaning set forth in paragraph (w) of Clause 1.2.1 of
Contract Agreement;

“Defects” means any defect or deficiency in Construction of the Works or any part
thereof, which does not conform with the Specifications and Standards;

“Defects Liability Period” shall have the meaning set forth in Clause 15.1.1 of
Contract Agreement;

“Design & Construction Period” means the period commencing from the
Appointed Date and ending on the date of the Completion Certificate which is not
later than 18 (eighteen months) from the Appointed Date, unless extended by the
Authority;

“Design Director” shall have the meaning set forth in Clause 10.1.1 (b) of
Contract Agreement;

“Dispute” shall have the meaning set forth in Clause 24.1.1;

“Dispute Resolution Procedure” means the procedure for resolution of Disputes


set forth in Article 24 of Contract Agreement;

“Design & Drawings” means all the designs & drawings including detailed working
drawings, Good for Construction (GFC) design and drawings, engineering designs,
structural design, drawings showing external roads, pathway approach road to be
constructed, architectural plan of each floor including terrace, working drawings
of each floor, terrace floor showing the locations and sizes of tanks, rain water
outlets & any other utility, x-section comprising complete detail of heights of
various building components including stair cases, sunken slabs, toilets, kitchens,
counters, doors & windows, Drawing of flooring patterns, door window schedules,
drawings of door window grills and stair case railings, schedule of finishes, toilet
drawings, schematic diagram route plan of water supply pipe lines for toilets &
kitchens, detailed drawing of tanks i.e. roof top water storage tanks, underground
tanks, fire, expansion joints detail, drawings of parking area, kitchen drawings,
details of stair case, external elevations, Internal sanitary & Plumbing Plans with
RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
on EPC Mode
RFP document RFP

elevation of each wall with complete detail, schematic diagram of external


drainage of rain water and sanitary pipes and their route plan, schematic diagrams
of external water supply pipe lines and route plan, electrical drawings, external
lighting plan & drawings, electrical cable network plan, electrical Substation
Drawings, electrical panel & DBs & SDBs drawings, schematic line diagram of
electrical circuit wiring and conduiting, schematic drawings of security and
surveillance cameras system, structural drawings of all building components,
structural design calculation, electrical design calculation, calculation for
plumbing, water supply, drainage and rain water disposal, any other drawings,
details, design or calculation that may be required by the Authority for
implementation of the Project;

“Document” or “Documentation” means documentation in printed or written


form, or in tapes, discs, Drawings, computer programmes, writings, reports,
photographs, films, cassettes, or expressed in any other written, electronic, audio
or visual form;

“Emergency” means a condition or situation that is likely to endanger the safety


or security of the individuals on or about the Project, including Users thereof, or
which poses an immediate threat of material damage to any of the Project Assets;

“Encumbrances” means, in relation to the Project, any encumbrances such as


mortgage, charge, pledge, lien, hypothecation, security interest, assignment,
privilege or priority of any kind having the effect of security or other such
obligations, and shall include any designation of loss payees or beneficiaries or any
similar arrangement under any insurance policy pertaining to the Project, where
applicable herein but excluding utilities referred to in Clause 9.1 of Contract
Agreement;

“EPC” means engineering, procurement and construction;

“Final Payment Statement” shall have the meaning set forth in Clause 17.10.1 of
Contract Agreement;

“Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it
in Clause 19.1 of Contract Agreement;

“GoI” means the Government of India, its respective departments or any other
authorities, agencies and instrumentalities functioning under the direction or
control of the Government of India;

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
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“GoR” means the Government of Rajasthan, its respective departments or any


other authorities, agencies and instrumentalities functioning under the direction or
control of the Government of Rajasthan;

“Good Industry Practice” means the practices, methods, techniques, designs,


standards, skills, diligence, efficiency, reliability and prudence which are generally
and reasonably expected from a reasonably skilled and experienced contractor
engaged in the same type of undertaking as envisaged under this Contract
Agreement and which would be expected to result in the performance of its
obligations by the Contractor in accordance with this Contract Agreement,
Applicable Laws and Applicable Permits in reliable, safe, economical and efficient
manner;

“Government Instrumentality” means any department, division or subdivision of


the Central Government or the State Government and includes any commission,
board, authority, agency or municipal and other local authority or statutory body
including panchayat under the control of the Central Government or the State
Government, as the case may be, and having jurisdiction over all or any part of the
Project or the performance of all or any of the services or obligations of the
Contractor under or pursuant to this Contract Agreement;

“Indemnified Party” means the Party entitled to the benefit of an indemnity


pursuant to Article 23 of Contract Agreement;

“Indemnifying Party” means the Party obligated to indemnify the other Party
pursuant to Article 23 of Contract Agreement;

“Indirect Political Event” shall have the meaning set forth in Clause 19.3 of
Contract Agreement;

“Insurance Cover” means the aggregate of the maximum sums insured under the
insurances taken out by the Contractor pursuant to Article 18 of Contract
Agreement, and includes all insurances required to be taken out by the Contractor
under Clauses 18.1 and 18.9 of Contract Agreement but not actually taken, and
when used in the context of any act or event, it shall mean the aggregate of the
maximum sums insured and payable or deemed to be insured and payable in
relation to such act or event;

“Intellectual Property” means all patents, trademarks, service marks, logos, get-
up, trade names, internet domain names, rights in designs, blue prints,
programmes and manuals, drawings, copyright (including rights in computer
software), database rights, semi-conductor, topography rights, utility models,

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
on EPC Mode
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rights in know-how and other intellectual property rights, in each case whether
registered or unregistered and including applications for registration, and all rights
or forms of protection having equivalent or similar effect anywhere in the world;

“LoA” or “Letter of Acceptance” means the letter of acceptance referred to in


Recitals;

“Lowest Bidder” means as defined in Clause 1.2.9 of the Volume-I (Instruction to


Bidders”)

“Lumpsum Amount” means as defined in Clause 1.2.8 of the Volume-I (Instruction


to Bidders”)

“Material Adverse Effect” means a material adverse effect of any act or event on
the ability of either Party to perform any of its obligations under and in
accordance with the provisions of this Contract Agreement and which act or event
causes a material financial burden or loss to either Party;

“Materials” are all the supplies used by the Contractor for incorporation in the
Works of the Project;

“Non-Political Event” shall have the meaning set forth in Clause 19.2 of Contract
Agreement;

“Parties” means the parties to this Contract Agreement collectively and “Party”
shall mean any of the parties to this Contract Agreement individually;

“Performance Security” shall have the meaning set forth in Clause 7.1.1 of
Contract Agreement;

“Plant” means the apparatus and machinery intended to form or forming part of
the Works of the Project;

“Political Event” shall have the meaning set forth in Clause 19.4 of Contract
Agreement;

“Project” means the Design & Construction of Multipurpose Indoor Stadium on


Engineering, Procurement & Construction (EPC) basis at the Project Site situated
within the Maharana Pratap Khel Gaon in Udaipur, provided with fixed seating as
well as space for installation of retractable/mobile seating and other
infrastructure as stated in the RFP document;

“Project Assets” means all the components of Project to be constructed by the


Contractor at the Project Site in accordance with the provisions of this Contract
Agreement;

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
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“Project Requirements” means as defined in Clause 3 of Volume-II (Scope of


Work)

“Proof Consultant” shall have the meaning set forth in Clause 10.2.2 of Contract
Agreement;

“Provisional Certificate” shall have the meaning set forth in Clause 12.2.1 of
Contract Agreement;

“Punch List” shall have the meaning set forth in Clause 12.2.1 of Contract
Agreement;

“Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause
11.2.1 of Contract Agreement;

“Re.”, “Rs.” or “Rupees” or “Indian Rupees” or “INR” means the lawful


currency of the Republic of India;

“RISL Processing Fee” means as defined in Clause 1.2.4 of Volume-I (Instruction


to Bidders)

“Safety Consultant” shall have the meaning set forth in Clause 10.1.5 of Contract
Agreement;

“Scheduled Construction Completion Date” shall be the date set forth in Clause
10.3.1 of Contract Agreement;

“Scope of the Project” shall have the meaning set forth in Clause 2.1 of Contract
Agreement;

“Site or “Project Site” shall have the meaning set forth in Clause 8.1 of Contract
Agreement;

“Specifications and Standards” means the specifications and standards relating to


the quality, quantity, material specifications, applicable building codes, capacity
and other requirements for the Project, as set forth in Schedule-A, and any
modifications thereof, or additions thereto, as included in the design and
engineering for the Project submitted by the Contractor to, and expressly
approved by, the Authority;

"Stage Payment Statement" shall have the meaning set forth in Clause 17.4 of
Contract Agreement;

“Sub-contractor” means any person or persons to whom a part of the Construction


Works and has been subcontracted by the Contractor and the permitted legal
successors in title to such person, but not an assignee to such person;

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
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“Suspension” shall have the meaning set forth in Article 20.1 of Contract
Agreement;

“Taxes” means any Indian taxes including excise duties, customs duties, value
added tax, sales tax, local taxes, cess and any impost or surcharge of like nature
(whether Central, State or local) on the goods, Materials, equipment and services
incorporated in and forming part of the Project charged, levied or imposed by any
Government Instrumentality, but excluding any interest, penalties and other sums
in relation thereto imposed on any account whatsoever;

“Tender Fee” means as defined in Clause 1.2.3 of the Volume-I (Instruction to


Bidders)

“Termination” means the expiry or termination of this Contract Agreement;

“Termination Notice” means the communication issued in accordance with this


Contract Agreement by one Party to the other Party terminating this Contract
Agreement;

“Termination Payment” means the amount payable by either Party to the other
upon Termination in accordance with Article 21 of Contract Agreement;

“Tests” means the tests including but not limited to field test, laboratory tests etc
to be conducted prior to, during and after execution of Construction, Material,
workmanship and any other component in accordance with relevant BIS codes to
ensure conformity of Works with the Specifications and Standards and Rajasthan
PWD Specification for Building Works, 2014.

“Time Extension” shall have the meaning set forth in Clause 10.4.1 of Contract
Agreement;

“Valuation of Unpaid works” shall have the meaning set forth in Clause 21.5.1 of
Contract Agreement;

“Works or Construction Works” means all works including survey and


investigation, design, engineering, procurement, construction, Plant, Materials,
temporary works and other things necessary to complete the Project in accordance
with this Contract Agreement;

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
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Contents of RFP Document

VOLUME-I : Instructions to Bidders

VOLUME-II : Scope of Work

VOLUME-III : Draft Contract Agreement

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur
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Volume-I (Instructions to Bidders) Volume-I

Volume-I
Instruction to Bidders

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Volume-I (Instructions to Bidders) Volume-I

CONTENTS

1. Introduction .............................................................................................. 4
1.1. Background ................................................................................................ 4
1.2. Brief Description of Bidding Process .................................................................. 6
1.3. Schedule of Bidding Process ............................................................................ 8
2. Instructions to Bidders................................................................................. 11
A. GENERAL .................................................................................................... 11
2.1. Scope of Bid .............................................................................................. 11
2.2. Eligibility Criteria ....................................................................................... 11
2.3. General Condition for Bidders ........................................................................ 12
2.4. Other Conditions of Bidding Process ................................................................. 13
2.5. Tender Fee ............................................................................................... 14
2.6. RISL Processing Fee ..................................................................................... 14
2.7. Bid Security .............................................................................................. 14
2.8. Bid Validity Period ...................................................................................... 16
2.9. Number of Bids and Cost thereof ..................................................................... 16
2.10. Visit to the Project Site and Verification of Information ..................................... 17
2.11. Acknowledgement by Bidder ....................................................................... 17
2.12. Right to Accept or Reject any or all Bids ........................................................ 17
2.13. Communication between the Bidders and the Authority...................................... 18
B. RFP Document ............................................................................................. 19
2.14. Availability of RFP Document ...................................................................... 19
2.15. Clarifications by the Authority..................................................................... 19
2.16. Amendment in the RFP Document ................................................................ 20
C. Preparation & Submission of Bid ....................................................................... 20
2.17. Language of the Bid.................................................................................. 20
2.18. Format and Signing of the Bid ..................................................................... 20
2.19. Submission of Bid ..................................................................................... 22
2.20. Last Date of Submission of Bid (Bid Due Date) .................................................. 23
2.21. Withdrawal, Substitution and Modification of Bids ............................................ 23
D. Opening of Bids ............................................................................................ 23
2.22. Opening of Technical Bid ........................................................................... 23
2.23. Confidentiality ........................................................................................ 24
2.24. Tests of Responsiveness ............................................................................. 25
2.25. Clarifications by the Bidders ....................................................................... 26
2.26. Qualification of Bidders and Notification ........................................................ 26
2.27. Opening of Financial Bids ........................................................................... 26

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Volume-I (Instructions to Bidders) Volume-I

2.28. Proprietary data ...................................................................................... 27


2.29. Correspondence with the Bidder .................................................................. 27
3. Criteria for Evaluation ................................................................................. 28
3.1. Evaluation of Technical Bids .......................................................................... 28
3.2. Evaluation of Financial Bids ........................................................................... 28
4. Others .................................................................................................... 30
4.1. Performance Security .................................................................................. 30
5. Fraud and Corrupt Practices .......................................................................... 31
5.1. Fraud and Corrupt Practices .......................................................................... 31
6. Miscellaneous ........................................................................................... 33
6.1. Miscellaneous ............................................................................................ 33
6.2. Conflict of Interest ...................................................................................... 33
6.3. Prohibition against Collusion amongst Bidder(s)................................................... 34
6.4. Interpretation of Documents .......................................................................... 35
6.5. Grievance Handling During Bidding Process ........................................................ 36
Bid Forms ..................................................................................................... 37
Tech Form - 1: Letter of the Bid ............................................................................. 38
Tech Form - 2: Details of the Bidder........................................................................ 40
Tech Form - 3: Power of Attorney for the Bid Signatory ............................................... 41
Tech Form - 4: Self Declaration – No Blacklisting ........................................................ 43
Tech Form - 5: Anti-Collusion Certificate ................................................................. 45
Tech Form - 6: Project Undertaking ........................................................................ 46
Tech Form - 7: Financial Eligibility .......................................................................... 47
Tech Form - 8: Technical Eligibility ......................................................................... 48
Tech Form - 9: Bid Security (Bank Guarantee) ........................................................... 49
Fin Form - 1: Financial Bid .................................................................................... 52

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Volume-I (Instructions to Bidders) Volume-I

1. Introduction

1.1. Background

1.1.1. Rajasthan State Sports Council (the “RSSC” OR the “Authority”) is the apex body in
Rajasthan to look after development of sports activities in the State. RSSC was set up
in year 1957 by Government of Rajasthan (GoR).

1.1.2. RSCC intends to undertake Design & Construction of Multipurpose Indoor Stadium on
Engineering, Procurement & Construction (EPC) basis at the Project Site situated within
the Maharana Pratap Khel Gaon in Udaipur, provided with fixed seating as well as space
for installation of retractable/mobile seating and other infrastructure as stated in this
RFP document (the “Project”). Brief particulars of the Project are given below:

Design & Construction of Multipurpose Indoor


Name of Project
Stadium on EPC Mode

Project Site Location Maharana Pratap Khel Gaon, Udaipur

Estimated Project Cost Rs. 25 Crore (Rupees Twenty Five Crore)

Project Site Area (approx) 15,114 sqm

Engineering, Procurement and Construction (EPC)


Project Implementation Mode
mode

Ground Floor (Area - 3249 sqm):

Arena (27m x 51m)

Entrance Foyer + Lobby (Players & Public)

Players Dressing Room (2 nos.)

Players Toilet (2 nos.)

Broad Project Requirements Electrical Room (2 nos.)


(Details are given in Volume-II: AHU Room (2 nos.)
Scope of Work)
Medical Room (1 nos.)

Office (1 nos.)

Gents Toilet (2 Nos.)

Ladies Toilet (2 Nos.)

Differentially-abled Persons Toilet (Ladies)


2 nos.

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Differentially-abled Persons Toilet (Gents) 2


nos.

Match Official Room (1 nos.)

Media Room (1 nos.)

Control Room (1 nos.)

VIP Lounge (1 nos.)

Upper Ground Floor (Area - 1591 sqm):

Corridor

Recreational Room (1 nos.)

Admin. Office (1 nos.)

Gents Toilet (2 Nos.)

Ladies Toilet (2 Nos.)

First Floor (Area - 4761 sqm):

Installation of Tip-up Fixed seats (2330


seats)

Space for Retractable/ Mobile Seating (1100


seats)

Parking:

Two Wheeler Parking (150 nos.)

Four Wheeler Parking (80 nos.)

Internal Road:

Bitumen Road (4.5 meter width) of approx.


400 running meter

Hardscaping and Landscaping:

Hardscaping (4000 sqm)

Landscaping (800 sqm)

Design & Construction Period 18 (eighteen) months from the Appointed Date

36 (thirty six) months from the date of issue of


Defects Liability Period
Completion Certificate

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1.1.3. As a part of this endeavour, RSSC has decided to carry out the bidding process for
selection of an entity (the “Bidder”) to whom the Project may be awarded on EPC
mode.

1.1.4. The selected Bidder (the “Contractor”) shall be responsible for designing, engineering,
procurement and construction of the Project under and in accordance with the
provisions of an Engineering, Procurement and Construction contract (the “Contract
Agreement”) to be entered between the Selected Bidder (the “Contractor”) and the
Authority in the form provided by the Authority as part of the RFP document pursuant
hereto. The Defects Liability Period (the “DLP”) for the Project shall be 36 (thirty six)
months which shall commence from the date of issue of Completion Certificate.
Contractor shall be liable to take remedial measures at its cost to set right the defects
as may be pointed out to it by the Authority or by any of its authorized agency.

1.1.5. Milestone linked payments shall be released to the Contractor during the Design &
Construction Period as per the payment stages defined in the Draft Contract
Agreement.

1.1.6. The statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not be
construed or interpreted as limiting in any way or manner the Scope of Work and
obligations of the Contractor as set forth in the EPC Agreement or the Authority’s
rights to amend, alter, change, supplement or clarify the Scope of Work, or the terms
thereof or herein contained. Consequently, any omissions, conflicts or contradictions in
the RFP document are to be noted, interpreted and applied appropriately to give
effect to this intent, and no claims on that account shall be entertained by the
Authority. However, if the Contractor is required to execute any work which is beyond
its Scope of Work under this Contract Agreement, the Contractor shall be entitled for
compensation for such additional work as per terms and conditions contained in draft
Contract Agreement.

1.1.7. The Authority shall receive Bids pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents to be provided by the Authority pursuant to this
RFP, as modified, altered, amended and clarified from time to time by the Authority
(collectively the “RFP document”), and all Bids shall be prepared and submitted in
accordance with such terms on or before the date specified in Clause 1.3 for
submission of Bids (the “Bid Due Date”).

1.2. Brief Description of Bidding Process

1.2.1. RSSC has adopted a single-stage, two-part (Technical Bid and Financial Bid), open
competitive e-bidding process as per the provisions of Rajasthan Transparency in Public
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Procurement Act (RTPPA), 2012 and Rajasthan Transparency in Public Procurement


Rules (RTPPR), 2013 through e-procurement system at www.eproc.rajasthan.gov.in
(the “Bidding Process”) for selection of a Bidder for award of the Project.

1.2.2. Bidders are invited to submit their Bids (Technical Bid and Financial Bid separately)
(the “Bid”) in accordance with the provisions of the RFP document.

1.2.3. The cost of RFP Document is Rs. 25,000/- (Rupees Twenty Five Thousand Only) (the
“Tender Fee”). The Tender Fee shall be remitted in the manner and form as
prescribed in Clause 2.5 of the RFP document.

1.2.4. In terms of the RFP document, a Bidder shall be required to submit, along with its Bid,
a processing fee of Rs. 1,000/- (Rupees One Thousand Only) to RISL for submission of
online Bid at www.eproc.rajasthan.gov.in (the “RISL Processing Fee”). The RISL
Processing Fee shall be remitted in the manner and form as prescribed in Clause 2.6 of
the RFP document.

1.2.5. In terms of the RFP Document, a Bidder shall be required to furnish along with its Bid,
a Bid Security for an amount of Rs. 50 Lakhs (Rupees Fifty Lakhs) (the “Bid Security”).
The Bid Security shall be remitted in the manner and form prescribed in clause 2.7.

1.2.6. The Bid shall be valid for a period not less than 120 (one hundred twenty) days from
the Bid Due Date.

1.2.7. In the first part, the Technical Bids of the Bidders shall be opened and the Bidders who
meet the Eligibility Criteria as specified in Clause 2.2 and satisfy other terms of this
RFP Document shall be termed as “Technically Qualified Bidders”. In the second part,
the Financial Bids of only Technically Qualified Bidders shall be opened.

1.2.8. Bids shall be evaluated for the Project on the basis of the lumpsum amount quoted by a
Bidder for implementation of the Project (the “Lumpsum Amount”).

1.2.9. In this RFP, the term “Lowest Bidder” shall mean the Bidder who has quoted the
lowest Lumpsum Amount for implementing the Project as per terms and conditions of
RFP.

1.2.10. Generally, the Lowest Bidder shall be the Selected Bidder. The remaining Bidders shall
be kept in reserve and the process as specified in Clause 3.2 shall be followed.

1.2.11. During the Bidding Process, Bidders are invited to examine the Project in greater
detail, and to carry out, at their cost, such studies as may be required for submitting
their respective Bid for award of the Project.

1.2.12. Authority on its part shall ensure that the terms and conditions for the Bidding Process
for the Project are followed and applied uniformly to all Bidders in a non-

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discriminatory, transparent and objective manner. RSSC or its authorised agency shall
not provide to any party, any such information with regard to the Project or Bidding
Process, which may have the effect on restricting competition.

1.2.13. Notwithstanding anything contained in this RFP document, the detailed terms specified
in the Contract Agreement shall have overriding effect; provided, however, that any
conditions or obligations imposed on the Bidder hereunder shall continue to have effect
in addition to its obligations under the Contract Agreement.

1.2.14. The entire Bidding Process shall be carried out as per the provisions of Rajasthan
Transparency in Public Procurement Act (RTPPA), 2012 and Rajasthan Transparency in
Public Procurement Rules (RTPPR), 2013 through e-Procurement System at
www.eproc.rajasthan.gov.in

1.2.15. Bidders shall submit/upload their Technical Bid and Financial Bid in separate files at
www.eproc.rajasthan.gov.in as per the provisions of this RFP.

1.2.16. The provisions of RTPP Act, 2012 and RTPP Rules, 2013 thereto shall be applicable for
this Bidding Process. Furthermore, in case of any inconsistency in any of the provisions
of this RFP Document with the RTPP Act, 2012 and RTPP Rules, 2013 thereto, the later
shall prevail.

1.3. Schedule of Bidding Process

Authority shall endeavour to adhere to the following schedule for Bidding:

S.
Event Description Date
No.

Document can be downloaded from:


Availability of RFP
1 www.eproc.rajasthan.gov.in,
Document
http://www.rssc.in, www.sppp.rajasthan.gov.in

Start Date of
2 Downloading RFP 22-03-2017, from 04:00 PM
document

End Date of
3 Downloading RFP 24-04-2017, upto 4:00 PM
document

Date & Time: 03-04-2017, 03:00 PM


Date, Time and Place
4 Venue: Rajasthan State Sports Council, SMS
of Pre-Bid Conference
Stadium, Jaipur

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S.
Event Description Date
No.

Mode of Submission of Online at e-Proc website


5
Bid (www.eproc.rajasthan.gov.in)

Start Date of Online


6 From: 20-04-2017, 10:00 AM
Submission of Bid

Last Date of Online


7 Submission of Bid (Bid Upto: 24-04-2017, upto 04:00 PM
Due Date)

Submission of Original
Demand Draft/Banker’s
Date: Next Working Day after Bid Due Date
Cheque for Tender
Time: Upto 03:30 PM
8 Fee, RISL Processing
Venue: Office of the Secretary, Rajasthan State
Fee and Demand
Sports Council, Sawai Mansingh Stadium, Jaipur
Draft/Bank Guarantee
for Bid Security

Date: Next Working Day after Bid Due Date Time:


Date, Time and Venue
04:00 PM
9 of Technical Bid
Venue: Office of the Secretary, Rajasthan State
Opening
Sports Council, Sawai Mansingh Stadium, Jaipur

Date, Time and Venue


Shall be intimated to the Technically Qualified
10 of Financial Bid
Bidders at appropriate time
Opening

Issue of Letter of
Shall be intimated to the Selected Bidder at
11 Award (LoA) to
appropriate time
Selected Bidder

Acceptance of LoA by
12 Within 7 (seven) days of issuance of LoA
the Selected Bidder

Signing of Contract
13 Within 30 (fifteen) days of issuance of LoA
Agreement

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The above schedule is tentative. RSSC reserves the right to modify the said Schedule of
Bidding Process at any time during the Bidding Process at its sole discretion without
assigning any reason or being liable for the same in any manner whatsoever.

Further RSSC reserves the right to hold, in its sole and absolute discretion, more than
one pre-bid conference with the Bidders and in such an event the above schedule shall
stand modified and amended as deemed appropriate by the Authority.

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2. Instructions to Bidders
A. GENERAL

2.1. Scope of Bid

2.1.1 RSSC wishes to receive Bids for selection of a Bidder to whom the Project may be
awarded as per the provisions of the RFP.

2.2. Eligibility Criteria

2.1.2 Bidder shall be a legal entity registered/ incorporated under applicable law in India
and shall fulfill the following Eligibility Criteria:

a) Financial Eligibility

(i) Bidder shall have minimum average annual turnover of Rs. 7.50 crores
(Rupees Seven Crore and Fifty Lakhs) during the last 3 (three) consecutive
financial years ending on March 31, 2016.

AND

(ii) Bidder shall not be in losses (profit before taxes) in each of last 3 (three)
consecutive financial year ending March 31, 2016.

b) Technical Eligibility

Bidder (or its “Associate1”) shall have successfully completed either of the
following during last 7 (seven) years preceding to the Bid Due Date:

(i) Minimum 1 (one) Similar Work costing not less than Rs. 20.00 Crore (Rupees
Twenty Crore)

OR

(ii) Minimum 2 (two) Similar Works costing not less than Rs. 12.50 Crore
(Rupees Twelve Crore and Fifty Lakhs) each

OR

(iii) Minimum 3 (three) Similar Works costing not less than Rs. 10.00 Crore
(Rupees Ten Crore) each

1
For purposes of this RFP, "Associate" means, in relation to the Bidder, a person who controls, is controlled by,
or is under the common control with such Bidder (the “Associate”). As used in this definition, the expression
“control” means, with respect to a person which is a company or corporation, the ownership, directly or
indirectly, of more than 50% (fifty percent) of the voting shares of such person, and with respect to a person
which is not a company or corporation, the power to direct the management and policies of such person by
operation of law.
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2.2.1. Similar Works shall mean building works inclusive of civil, electrical, public health
engineering (P.H.E.) and fire fighting works for buildings such as stadiums, sports
complexes, auditoriums, exhibition halls, assembly halls, terminals of bus / rail / air /
marine transportation services, theatres, motion picture houses, museums, food courts
etc.

Note:- In case the Selected Bidder does not have in-house experience of designing
buildings involving truss structure, then the Selected Bidder shall be required to
associate a design & architectural firm having such experience. Credentials of the
design & architectural firm along with supporting documents shall be submitted to the
Authority within 7 (seven days) of acceptance of the Letter of Award (LOA) by the
Selected Bidder. Upon receiving Authority’s approval, the Contractor shall sign a legal
agreement with such design & architectural firm for working on this Project, a copy of
which shall be submitted to the Authority before signing of the Contract Agreement.

2.3. General Condition for Bidders

2.3.1. Bidders shall submit certified copy of certification of registration/incorporation as


applicable to its legal status.

2.3.2. Bidder shall submit a certificate specifying its average annual turnover and Profit
Before Taxes (PBT) of last 3 (three) financial years ending March 31, 2016 in the format
specified in Bid Forms (Tech Form-7) duly certified by the statutory auditor or the
chartered accountant firm which has audited the accounts of the Bidder, as applicable,
on its letter head.

2.3.3. Bidder shall submit details of its Technical Eligibility in the format given in Bid Forms
(Tech Form-8) along with supporting documents/evidences/certificates including
completion certificate from the client in support of its Technical Eligibility.

2.3.4. Bidder shall submit Power of Attorney for signing of Bid in favour of Authorised
Signatory in the format specified in Bid Forms (Tech Form-3).

2.3.5. Any entity which has been barred by the (Central/State Government, or any entity
controlled by them) or under the Rajasthan Transparency Public Procurement (RTPP)
Act, 2012 and Rajasthan Transparency Public Procurement (RTPP) Rules, 2013 from
participating in Bidding Process and the bar subsists as on the date of Bid, would not be
eligible to submit its Bid for this Project. Bidder shall submit self declaration of not
being blacklisted as per the format specified in Bid Forms (Tech Form-4).

2.3.6. A Bidder or its Associate shall, in the last 3 (three) years, have neither failed to
perform any contract, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against the Bidder, nor

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been expelled from any project or contract nor have had any contract terminated for
breach by such bidder.

2.3.7. A Bidder shall not have a conflict of Interest (the “Conflict of Interest”) that affects
the Bidding Process. Any Bidder found to have a Conflict of Interest shall be
disqualified. The Events of Conflict of Interest of a Bidder are given in Clause 6.2.

2.3.8. Bid shall be accompanied with Income Tax, Sales Tax/ VAT clearance certificates at
least upto March 31, 2016 from the concerned department authorities.

2.4. Other Conditions of Bidding Process

2.4.1. Authority reserves the right to contact the Bidder(s), their bankers, their consultants,
their clients of the Bidder(s) and other such sources for verifying the information,
references and data submitted by the Bidder(s) in the Bid including the supporting
documents/evidences/ certificates submitted by the Bidder(s) as required in the Bid,
without further reference to the Bidder(s).

2.4.2. Failure by the Bidder(s) to provide all requisite information in the Bid or additional
information required by the Authority shall be at the Bidders’ sole risk and cost, and
may impact evaluation of the Technical Bid and/or Financial Bid besides leading to
rejection of Bid as being non-responsive.

2.4.3. The Authority shall be fully entitled to disqualify any Bidder from Bidding Process for
any reasons whatsoever including but not limited to the following:

a) failure to submit the requisite information and additional documents, based on


which bidder has claimed Financial Eligibility/ Technical Eligibility, within the
required timeframe sought by the Authority for evaluation of the Bid;

b) willful misrepresentation in any document submitted by the Bidder;

c) if a Bidder submits more than one Bid;

d) the information submitted, concerning the qualifications of the Bidder, was false
or constituted a misrepresentation or was materially inaccurate or incomplete;

e) If a Bidder submits a non-responsive or qualified or conditional Bid;

f) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,


undesirable practice or restrictive practice as specified in Clause 5 of this Volume-
I;

g) If a Bidder withdraws its Bid during the period of Bid validity as specified in this
Volume-I and as extended by the Bidder from time to time;

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h) Any other conditions, with respect to the Bidder as well as the Selected Bidder,
for which forfeiture of Bid Security has been provided under this RFP.

2.4.4. In the event RSSC disqualifies any Bidder under Clause 2.4.3 hereinabove, the Authority
may forfeit the Bid Security of such disqualified Bidder.

2.4.5. Any attempts or efforts by a Bidder to influence the processing or evaluation of Bids or
decision making process of the Authority or any officer, agent or advisor thereof, may
result in the rejection of such Bidder’s Bid. In the event of rejection of Bid in
pursuance of this provision, the Bid Security of the concerned Bidder shall be forfeited
by the Authority at its sole discretion and the Bidder shall not be entitled to lodge any
claims in this regard.

2.5. Tender Fee

2.5.1. Tender Fee shall be remitted in the form of Demand Draft (DD) issued by a Scheduled
Bank in India in favour of “Secretary, Rajasthan State Sports Council” payable at
Jaipur.

2.5.2. Scanned copy of DD for Tender Fee shall be submitted/ uploaded on


www.eproc.rajasthan.gov.in along with the submission of Technical Bid.

2.5.3. Original DD for Tender Fee shall be submitted physically to the Authority on date, time
and venue as given in Schedule of Bidding Process at Clause 1.3 of this Volume-I.

2.6. RISL Processing Fee

2.6.1. The RISL Processing Fee shall be remitted in the form of Demand Draft (DD) issued by a
Scheduled Bank in India in favour of “Managing Director, RISL” payable at “Jaipur”.

2.6.2. Scanned copy of DD for RISL Processing Fee shall be submitted/ uploaded on
www.eproc.rajasthan.gov.in along with the submission of Technical Bid.

2.6.3. Original DD for RISL Processing Fee shall be submitted physically to the Authority on
date, time and venue as given in Schedule of Bidding Process at Clause 1.3 of this
Volume-I.

2.7. Bid Security

2.7.1. The Bidders shall have an option to provide Bid Security in the form of a Demand Draft
(DD) in favour of “Secretary, Rajasthan State Sports Council” payable at Jaipur or a
Bank Guarantee in its favour from a Scheduled Bank in India, as per format specified in
Bid Forms (Tech Form-9) which can be invoked by the Authority at any of the issuing
Bank’s branch at Jaipur. Validity period of Bid Security (if provided in form of Bank
Guarantee) shall not be less than 180 (one hundred and eighty) days from the Bid Due
Date which shall be inclusive of a claim period of 60 (sixty) days, and may be extended
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as may be mutually agreed between the Authority and the Bidder from time to time.
The Bid shall be summarily rejected if it is not accompanied by the Bid Security.

2.7.2. Any extension of the validity of the Bid Security (as may be mutually agreed between
the Authority and the Bidder(s) from time-to-time) shall be provided to the Authority
at the cost and expenses of the Bidder, a minimum of 7 (seven) calendar days prior to
the expiry of the validity of the Bid Security being extended. Authority reserves the
right to reject the Bid submitted by any Bidder(s) who does not agree to extend the
validity of the Bid Security in line with provisions of this Clause.

2.7.3. Bid Security of ineligible Bidder(s) shall be returned by the Authority without any
interest as promptly as possible after signing of Contract Agreement or when the
Bidding process is cancelled by the RSSC.

2.7.4. The Bid Security of the Selected Bidder shall be released without any interest on
receipt of Performance Security from it, in accordance with the provisions of the LOA/
Draft Contract Agreement.

2.7.5. Authority shall reject all such Bids, which do not include the Bid Security as per the
provisions of this Clause 2.7.

2.7.6. The Bid Security shall be forfeited by the Authority, at its sole discretion in the
following cases:

a) if the Bidder engages in a corrupt practice, fraudulent practice, coercive practice,


undesirable practice or restrictive practice;

b) the Bidder withdraws/modifies/substitutes its Bid during Bid Validity Period,


including any extension thereof;

c) in case of a Selected Bidder, if it fails to sign the Contract Agreement or fails to


furnish the required Performance Security to the Authority within the time
specified herein and in the Letter of Award (LoA) or fails to sign and return a
duplicate copy of the LoA with its acknowledgement within 7 (seven) days of issue
thereof;

d) in case the Bid of the Bidder is determined as being non-responsive due to its being
“Conditional” or “Qualified” or for any other reason, in the opinion of Authority;

e) if the Bidder refuses to accept the correction of errors in its Bid

f) any other conditions, with respect to the Bidder as well as the Selected Bidder, for
which forfeiture of Bid Security has been provided under this RFP.

2.7.7. The Authority shall return the Bid Security after the earliest of the following events,
namely:
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a) the expiry of Bid Validity Period; or

b) the execution of Contract Agreement; or

c) the cancellation/termination of Bidding Process for any reason whatsoever.

2.7.8. No interest will be payable on the Bid Security(s) submitted by Bidders.

2.7.9. Submission of Bid Security:

a) Scanned copy of Demand Draft (DD) or Bank Guarantee for Bid Security shall be
submitted/ uploaded on www.eproc.rajasthan.gov.in along with the submission of
Technical Bid.

b) Original DD or Bank Guarantee for Bid Security along with DD of the Tender Fee and
RISL Processing Fee shall be submitted to RSSC on date, time and venue as given in
Schedule of Bidding Process at Clause 1.3.

2.8. Bid Validity Period

2.8.1. The Bid shall remain valid for a period not less than 120 (one hundred twenty) days
from the Bid Due Date (the “Bid Validity Period”). RSSC reserves the right to reject
any Bid which does not meet this requirement.

2.8.2. Extension of Bid Validity Period

a) Prior to the expiry of Bid Validity Period, the Authority, may request Bidders to
extend the period of validity of their Bids for specified additional period. The
request for extension shall be made in writing. A Bidder’s refusal for such extension
shall be treated as withdrawal of the Bid and in such circumstance the Bid Security
shall be returned to the Bidder as per the provisions of Clause 2.7.

b) Bidders who agree for extension of Bid Validity Period, their Bid Security shall be
retained by the Authority as per the provisions of clause 2.7 of the RFP document
and the Bidders shall be required to extend the validity of Bid Security in
conformity with Clause 2.7.2.

c) When an extension of the Bid Validity Period is requested, Bidder(s) shall not be
permitted to change the terms and conditions of their Bid(s).

2.9. Number of Bids and Cost thereof

2.9.1. No Bidder shall submit more than 1 (one) Bid for the Project in response to the RFP
document. Any Bidder who submits more than 1 (one) Bid for the Project shall be
disqualified.

2.9.2. Bidders shall be responsible for all the costs associated with the preparation of their
Bids and their participation in the Bidding Process. The Authority shall not be
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responsible or in way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.

2.10. Visit to the Project Site and Verification of Information

2.10.1. Bidder, at the Bidder’s own responsibility and risk can visit to examine the Project Site
and its surroundings and obtain all information that may be necessary for preparing the
Bid. The costs of visiting the Project Site shall be borne by the Bidder. RSSC shall not
be liable for such costs, regardless of the outcome of the Bidding Process.

2.10.2. The Bidder or any of its authorised representatives shall be granted permission to visit
the Project Site by the Authority, upon receipt of a written request well in advance to
the proposed date of visit to the Project Site. However, the permission would be
subject to the express condition that the Bidder shall indemnify the Authority from and
against all liability in respect of physical injury, loss of or damage to property and any
other loss, costs and expenses whatsoever caused in carrying out such visits.

2.11. Acknowledgement by Bidder

2.11.1. It shall be deemed that by submitting the Bid, the Bidder has:

a) made a complete and careful examination of the RFP document including but not
limited to (i) Scope of Work defined in Volume-II of RFP document (iii) schedule of
payments admissible to the Contractor at defined milestones during Design &
Construction Period as elaborated in draft Contract Agreement, etc;

b) received all relevant information requested from the Authority;

c) accepted the risk of inadequacy, errors or mistake in the information provided in


the RFP document or furnished by or on behalf of RSSC relating to any of the
matters referred to in Clause 2.11.1 herein; and

d) agreed to be bound by the undertakings provided by it under and in terms hereof

2.11.2. The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating
to the RFP document or the Bidding Process, including any error or mistake therein or
for any information or data given by the Authority.

2.12. Right to Accept or Reject any or all Bids

2.12.1. Notwithstanding anything contained in this RFP document, the Authority reserves the
right to accept or reject any Bid and to annul the Bidding Process and reject all Bids, at
any time without any liability or any obligations for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the Authority

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rejects or annuls all the Bids, it may, in its discretion, invite all the participating
Bidders to submit fresh Bids hereunder.

2.12.2. The Authority reserves the right to reject any Bid if:

a) at any time, a material misrepresentation is made or uncovered, or

b) Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Bidder for evaluation of the Bidder.

In case it is found during the evaluation or at any time before signing of the Contract
Agreement or after its execution and during the period of subsistence thereof including
any of the Eligibility Criteria conditions have not been met by the Bidder, or the Bidder
has made material misrepresentation or has given any material incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as the
Contractor either by issue of Letter of Award (LoA) or entering into the Contract
Agreement, and if the Bidder has already been issued the LoA or has entered into the
Contract Agreement, as the case may be, the same shall, notwithstanding anything to
the contrary contained herein or in this RFP document, be liable to be terminated, by
communication in writing by the Authority to the Bidder, without Authority being liable
in any manner whatsoever to the Bidder and without prejudice to any other right or
remedy which the Authority may have under this RFP document and the Draft Contract
Agreement or under applicable law. In such case, the Authority shall have right to
forfeit the Bid Security/ or the Performance Security, as the case may be, or any other
sum of the Contractor available with the Authority. The Authority reserves the right to
verify all statements, information and documents submitted by the Bidder in response
to the RFP document anytime after the submission by the Bidder and till the
subsistence of the Contract Agreement. Any such verification or lack of such
verification by the Authority shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of the Authority.

2.13. Communication between the Bidders and the Authority

2.13.1. All communications to the Authority, in the context of this RFP document and related
issues, unless specified otherwise, shall be addressed to;

Secretary,
Rajasthan State Sports Council
Sawai Mansingh Stadium, Jaipur
Jaipur
Phone: 0141-2744283
E-mail: rsscjaipur@gmail.com

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2.13.2. All communications to the Bidders shall be sent to the designated


person/representative of the prospective Bidder at the address mentioned in the
covering/forwarding letter of its Bid, as addressed to the Authority unless the Authority
is advised otherwise by the concerned prospective Bidder.

2.13.3. The Authority shall not entertain or enter into any correspondence (written or oral)
with the Bidders except where the Authority seeks clarification from prospective
Bidder or where a prospective Bidder seeks clarification from the Authority in writing
before submission of Bid, whereupon the Authority may provide written clarifications.

B. RFP Document

2.14. Availability of RFP Document

2.14.1. The RFP document (in PDF format) shall be available on www.eproc.rajasthan.gov.in,
www.rssc.in and www.sppp.rajasthan.gov.in during the period mentioned in Schedule
of Bidding Process at Clause 1.3 of this Volume-I.

2.14.2. Prospective Bidders can download the RFP document from the above websites but shall
be required to remit the cost of RFP document (Tender Fee) in the manner and form as
prescribed in Clause 2.5.

2.15. Clarifications by the Authority

2.15.1. A Pre-Bid Conference shall be held on the date, time and venue as specified in
Schedule of Bidding Process at Clause 1.3 to clarify any provisions or requirements
related to the Project/RFP document or any other related issue. All prospective
Bidders may participate in the Pre-Bid Conference.

2.15.2. All queries to be raised at the Pre-Bid Conference should be submitted to the Authority
in writing or by e-mail one day before the scheduled date of Pre-Bid Conference.

2.15.3. Attendance of Bidders in the Pre-Bid Conference is not mandatory. Subsequent to the
meeting, RSSC shall prepare minutes of meeting containing the queries submitted by
prospective bidders and its responses, without identifying its source. The minutes of
meeting shall be notified on www.eproc.rajasthan.gov.in or www.rssc.in or
www.sppp.rajasthan.gov.in

2.15.4. The Authority shall endeavour to respond the queries raised or clarification sought by
the prospective Bidders. However, the Authority reserves the right not to respond to
any query or provide any clarification, in its sole discretion, and nothing in this Clause
shall be taken or read as compelling or requiring the Authority to respond to any query
or to provide any clarification.

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2.15.5. Verbal clarifications and information given by the Authority or its employees or
representatives advisors/consultants shall not in any way or manner be binding on the
Authority.

2.16. Amendment in the RFP Document

2.16.1. At any time prior to the Bid Due Date, the Authority may for any reason, whether on its
own initiative or as a result of a response to a query received during Pre-Bid
Conference, modify the RFP document/extend Bid Due Date by issuing an
“Addendum”. Any modification of the RFP document which may become necessary as
a result of Pre-bid Conference or otherwise shall be made by the Authority exclusively
through the issue of Addendum and not through the minutes of the pre-bid meeting.

2.16.2. Addendum shall be notified on www.eproc.rajasthan.gov.in or www.rssc.in or


www.sppp.rajasthan.gov.in. Such Addendum shall become part of the RFP document.

C. Preparation & Submission of Bid

2.17. Language of the Bid

2.17.1. The Bid and related documents to the Bid and all correspondence exchanged between
Bidder(s) and the Authority shall be in English language. Supporting documents and
printed literature furnished by the Bidder(s) in another language shall be accepted
provided they are accompanied with accurate translation of the relevant passages in
the English language. Supporting materials, which are not translated into English, shall
not be considered. For the purpose of interpretation and evaluation of the Bid, the
English language translation shall prevail.

2.18. Format and Signing of the Bid

2.18.1. The Bidder shall provide all the information sought under this RFP document.

2.18.2. Bidder shall submit their Bids in accordance with the provisions set forth in this RFP
document. In order to enable consistency among Bids and to facilitate smooth
evaluation by the Authority, some formats in which the Bidders shall provide
information/data comprising Bids are given in this RFP document. The Authority shall
evaluate only those Bids that are received in the required format complete in all
respects and in line with the instructions contained in this RFP document.

2.18.3. The Technical Bid shall be signed and stamped on each page initialed by a person duly
authorised to sign on behalf of Bidder holding Power of Attorney, as per the format as
specified in Bid Forms (Tech Form-3). The Technical Bid shall be in PDF format with
all pages numbered serially along with an index. The PDF format shall be uploaded on
the website as provided in this RFP.

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2.18.4. The Financial Bid shall be submitted in the format as specified in Bid Forms (FIN Form-
1).

2.18.5. Any corrections in the Technical Bid such as interlineations, erasures or overwriting
shall be valid only if they are signed and stamped by a person duly authorized to sign
on behalf of Bidder.

2.18.6. A single stage two-part (Technical Bid and Financial Bid) system shall be followed for
the Bid as outlined below:

(i) Technical Bid, including Fee details (Tender Fee, RISL Processing Fee, Bid
Security) in PDF format

(ii) Financial Bid in MS-Excel format

2.18.7. Technical Bid (the “Technical Bid”) shall consist of the following documents:

S. No. Document Type Document Format

as per the format specified at Tech


1 Letter of Bid
Form-1 (in PDF Format)

Scanned copy of Demand Draft (in


2 Tender Fee
PDF Format)

Scanned copy of Demand


3 RISL Processing Fee Draft/Banker’s Cheque (in PDF
Format)

Scanned copy of Demand or Bank


4 Bid Security Guarantee as per format specified at
Tech Form -9 (in PDF Format)

as per the format specified at Tech


5 Details of Bidder
Form-2 (in PDF format)

Certified copy of Certificate of


registration/ incorporation as Scanned copy of documents (in PDF
6
applicable to legal status of the format)
Bidder

Power of Attorney for Signing as per the format specified at Tech


7
Authority Form-3 (in PDF format)

as per the format specified at Tech


8 Self Declaration – No Blacklisting
Form-4 (in PDF format)

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S. No. Document Type Document Format

as per the format specified at Tech


9 Anti-Collusion Certificate
Form-5 (in PDF format)

as per the format specified at Tech


10 Project Undertaking
Form-6 (in PDF format)

as per the format specified at Tech


11 Financial Eligibility
Form-7 (in PDF format)

as per the format specified at Tech


12 Technical Eligibility
Form-8 (in PDF format)

2.18.8. Financial Bid (the “Financial Bid”) shall consist of the following document:

S. No. Document Type Document Format

As per as per the format specified at


1 Financial Bid FIN Form-1 (format available at
www.eproc.rajasthan.gov.in)

2.19. Submission of Bid

2.19.1. Bid shall be submitted in two separate files i.e. (i) Technical Bid (in PDF format) and
(ii) Financial Bid (in MS-Excel format). Technical Bid and Financial Bid shall contain all
documents/information as set forth in this RFP document and in the format and
manner as detailed in Clauses 2.19.7.

2.19.2. Bid shall be submitted/ uploaded online on www.eproc.rajasthan.gov.in only. Bidders


must register on www.eproc.rajasthan.gov.in (Bidders already registered
www.eproc.rajasthan.gov.in before 30-09-2011 must register again). Bidders are
advised to refer to the orders issued by the Finance Department, GoR vide
F.1(1)FD/GF&AR/2007 (Circular No. 19/2011) dated 30.09.2011 for getting acquainted
with e-tendering process.

2.19.3. To participate in online Bidding Process, Bidders must procure a Digital Signature
Certificate as per Information Technology Act-2000 using which they can digitally sign
their Bids. Bidders can procure the same from any Controller of Certifying Authorities
(CCA) approved certifying agency, i.e. TCS, Safecrypt, Ncode etc. Bidders who already
have a valid Digital Signature Certificate (DSC) need not procure a new DSC.

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2.19.4. Bidders are also advised to refer "Bidders Manual Kit" available at e-procurement
website for further details about the e-Tendering process.

2.19.5. Training for the Bidders on the usage of e-Tendering System (e-Procurement) is also
being arranged by RISL on a regular basis. Bidders interested for training may contact
e-Procurement Cell, RISL for booking the training slot.

Contact No. : 0141-4022688 (Help desk 10 am to 6 pm on all working days)

e-mail: eproc@rajasthan.gov.in

2.19.6. Bid (Technical Bid and Financial Bid) submitted/uploaded on


www.eproc.rajasthan.gov.in shall be digitally signed with DSC of the Authorised
Signatory.

2.19.7. After submission of Bid on www.eproc.rajasthan.gov.in the Bidders shall submit


original Demand Draft (DD) for RISL Processing Fee, Tender Fee and DD or Bank
Guarantee for Bid Security as per the date, time and venue mentioned in Schedule of
Bidding Process as given at Clause 1.3. Non-submission of the above shall lead to non-
acceptance of the Bid submitted/uploaded by the Bidder.

2.20. Last Date of Submission of Bid (Bid Due Date)

2.20.1. Bid should be submitted/ uploaded on www.eproc.rajasthan.gov.in during the period


given in Schedule of Bidding Process at Clause 1.3 in the manner and form as detailed
in the RFP Document. Bidders are requested to upload their Bids well in time so as
to avoid 11th hour issues such as slow speed of internet, website hanging/ choking/
slow downloading due to heavy load or any other unforeseen situation.

2.20.2. RSSC may at its sole discretion, extend the Bid Due Date by issuing an Addendum.

2.21. Withdrawal, Substitution and Modification of Bids

2.21.1. A Bidder may withdraw/substitute/modify its Bid (Technical and/or Financial Bid) as
per the instruction/procedure mentioned at www.eproc.rajasthan.gov.in till Bid Due
Date. Bidder shall not be permitted to withdraw/substitute/modify its Bid after Bid
Due Date

2.21.2. Bid withdrawn shall not be opened and processed further.

D. Opening of Bids

2.22. Opening of Technical Bid

2.22.1. The Authority, in first-part, shall open the Technical Bids on the date and time
mentioned in the Schedule of Bidding Process given at Clause 1.3 in the presence of the
Bidders or their authorized representatives who choose to attend.

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2.22.2. RSSC shall prepare a list of the Bidders or their representatives attending the opening
of Technical Bids and obtain their signatures on the same. The list shall also contain
the representative’s name and telephone number and corresponding Bidders’ names
and addresses.

2.22.3. All the documents comprising of Technical Bid shall be downloaded from
www.eproc.rajasthan.gov.in only for the Bidders who have submitted the original
Demand Draft (DD) for RISL Processing Fee, Tender Fee and DD or Bank Guarantee for
Bid Security as per the date, time and venue mentioned in Schedule of Bidding Process
given at Clause 1.3 and in conformity with the provisions set-forth in the RFP
document.

2.22.4. Any information contained in the Bid shall not in any way be construed as binding on
the Authority, its successors or assigns, but shall be binding on the Bidder if the Project
is subsequently awarded to it on the basis of such information.

2.22.5. The Authority reserves the right not to proceed with the Bidding Process at any time
without notice or liability and to reject any or all Bid(s) without assigning any reasons.

2.22.6. If any information furnished by the Bidder is found to be incomplete, or contained in


format other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information from evaluating the eligibility of the Bidder.

2.22.7. In the event that a Bidder claims credit for eligibility under the Eligibility Criteria, and
such claim is determined by the Authority as incorrect or erroneous, the Authority shall
reject such claim and exclude the same from admissibility for purposes of the
Eligibility Criteria. Where any information is found to be patently false or amounting to
a material misrepresentation, the Authority reserves the right to reject the Bid in
accordance with provisions of Clause 2.12.2.

2.23. Confidentiality

2.23.1. Information relating to examination, clarification, and recommendation for


eligibility/qualification of the Bidder shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor advising
the Authority in relation to or matters arising out of, or concerning the Bidding
Process. The Authority will treat all information, submitted as part of Bid, in
confidence and will require all those who have access to such material to treat the
same in confidence. The Authority may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of the statutory entity and/
or RSSC or as may be required by law or in connection with any legal process.

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2.23.2. The Authority shall conduct a preliminary scrutiny of the opened Technical Bids to
assess the prima-facie responsiveness and ensure that the:

(i) bid is accompanied by relevant document related to Tender Fee, RISL Processing
Fee and Bid Security

(ii) bid is valid for the period specified in the RFP document

(iii) bid is unconditional and the Bidder has agreed to give the required Performance
Security;

(iv) other conditions as specified in the RFP document are fulfilled.

(v) any other information which the Authority may consider appropriate has been
furnished by the Bidder.

2.23.3. No Technical Bid shall be rejected at the time of Technical Bid opening except the Bids
of the Bidders who have not submitted original Demand Draft (DD) for RISL Processing
Fee, Tender Fee and Demand Draft or Bank Guarantee for Bid Security.

2.23.4. The Financial Bid shall remain unopened which shall be opened later on a date, time
and venue to be intimated to the Bidders who qualify in the evaluation of Technical
Bids.

2.24. Tests of Responsiveness

2.24.1. Prior to evaluation of Bids, RSSC shall determine whether each Bid is responsive to the
requirements of the RFP Document. A Bid shall be considered responsive only if:

a) It is received as per the formats specified in Clauses 2.19.7;

b) It is received by the Bid Due Date including any extensions thereof in pursuant to
Clause 2.21;

c) it is signed and submitted in accordance with Clauses 2.19 and 2.20;

d) it is accompanied by the Power of Attorney in the format as specified at Tech


Form-3;

e) it contains all the information and documents (complete in all respects) as


requested in this RFP document;

f) it contains information in formats same as those specified in this RFP document;

g) it does not contain any condition or qualification; and

h) it is not non-responsive in terms hereof.

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2.24.2. The Authority reserves the right to reject any Bid which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by
the Authority in respect of such Bid.

2.25. Clarifications by the Bidders

2.25.1. To facilitate evaluation of Bids, RSSC may, at its discretion, seek clarifications from
any Bidder regarding its Bid. Such clarification(s) shall be provided within the time
specified by RSSC for this purpose. Any request for clarification(s) and all
clarification(s) in response thereto shall be in writing.

2.25.2. If a Bidder does not provide clarifications sought under Clause 2.25.1 above within the
prescribed time, its Bid shall be liable to be rejected. In case the Bidder does not
provide the clarifications within the stipulated time, RSSC may proceed to evaluate the
Bid by construing the particulars requiring clarification to the best of its understanding,
and the Bidder shall be barred from subsequently questioning such interpretation of
RSSC.

2.26. Qualification of Bidders and Notification

2.26.1. After the evaluation of the Technical Bids in first-part, RSSC would announce a list of
“Technically Qualified Bidders” whose Financial Bids will be opened in the second
part.

2.26.2. RSSC shall upload the result of evaluation of Technical Bids on


www.eproc.rajasthan.gov.in or www.rssc.in or www.sppp.rajasthan.gov.in and notify
each Bidder whether it has been qualified or disqualified in the evaluation of Technical
Bid.

2.26.3. RSSC shall also notify about the date, time and venue of opening of Financial Bids on
www.eproc.rajasthan.gov.in or www.rssc.in or www.sppp.rajasthan.gov.in and also
individually to each of the Technically Qualified Bidders.

2.27. Opening of Financial Bids

2.27.1. In the second part, the Financial Bids of only Technically Qualified Bidders shall be
opened who shall be informed about the venue, date and time of opening of Financial
Bids.

2.27.2. The Financial Bids of only Technically Qualified Bidders shall be downloaded from
www.eproc.rajasthan.gov.in and opened in the presence of representatives of the
Technically Qualified Bidders, who choose to attend.

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2.28. Proprietary data

2.28.1. All documents and other information supplied by RSSC or submitted by a Bidder to RSSC
shall remain or become the property of the RSSC.

2.28.2. Bidders are to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Bid. RSSC will not return
any Bid or any information provided therewith.

2.29. Correspondence with the Bidder

2.29.1. Save and except as provided in this RFP document, RSSC shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.

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3. Criteria for Evaluation

3.1. Evaluation of Technical Bids

3.1.1. In first part, the Authority shall carry out a detailed evaluation of the Technical Bid in
order to determine whether the Technical Bid is in accordance with the requirements
set forth in the RFP.

3.1.2. Bidders who meet the Eligibility Criteria set forth in Clause 2.2 shall be termed as
“Technically Qualified Bidders”.

3.1.3. Bidders who do not meet the Eligibility Criteria set forth in Clause 2.2 shall be termed
as “Unqualified Bidders”.

3.1.4. The Authority shall upload the result of Technical Bid Evaluation on
www.eproc.rajasthan.gov.in or www.rssc.in or www.sppp.rajasthan.gov.in.

3.1.5. The Authority shall also notify about the date, time and venue of opening of Financial
Bids in second part only to the Technically Qualified Bidders.

3.2. Evaluation of Financial Bids

3.2.1. In second part, the Authority shall examine and compare the Financial Bids submitted
by the Technically Qualified Bidders, taking into account the following factors:

a) Overall, completeness and compliance as per the instructions given in this RFP
Document.

b) The Bid that does not meet minimum acceptable standards of completeness,
consistency and detail as required by RFP document shall be rejected for non-
responsiveness.

c) Conditional Bids are liable to be rejected.

3.2.2. Bids shall be evaluated for the Project on the basis of the lumpsum amount quoted by a
Bidder in its Financial Bid for implementation of the Project (the “Lumpsum
Amount”). Lumpsum Amount shall be quoted in absolute INR (Indian Rupees). Any
number mentioned after decimal shall be treated as zero.

3.2.3. Lumpsum Amount quoted by the Bidder(s) shall be inclusive of all applicable taxes,
duties, cess, surcharges, levies, sales tax, VAT, excise duty, service tax, Swachh Bharat
Cess, education cess, etc.

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3.2.4. Lumpsum Amount quoted by the Bidder shall be inclusive for all Works required to be
executed for implementation of the Project and its obligations during Defect Liability
Period as per terms of the Contract Agreement

3.2.5. No adjustment for changes in costs escalation (price variation) shall be admissible in
the Lumpsum Amount including but not limited to changes in taxes, introduction of
new taxes etc.

3.2.6. Lumpsum Amount shall be inclusive of all contingencies and investigations that may be
required for finalizing the Drawings, completing the Works and will also take into
account the soil and water table conditions likely to be encountered during
implementation of the Project and no additional payment shall be admissible on these
accounts.

3.2.7. While calculating their respective Lumpsum Amount, all Bidders must refer to the
Rajasthan PWD BSR (Udaipur) as the guiding/base document.

3.2.8. The Bidder who quotes the lowest Lumpsum Amount shall be declared as the “Lowest
Bidder”.

3.2.9. In the event two or more Bidders quote the same amount of Lumpsum Amount (the
“Tie Bidders”), the Authority shall identify the Lowest Bidder by draw of lots, which
shall be conducted, with prior notice, in the presence of the Tie Bidders who choose to
attend.

3.2.10. Lowest Bidder shall be asked to promptly submit the detailed break-up/rate-analysis of
its lumpsum financial quote as an input for assessing reasonability/ negotiating the
lumpsum amount to arrive at the Contract Price. While calculating their lumpsum
financial quote, all Bidders must refer to the Rajasthan PWD BSR (Udaipur) as the
guiding/base document as well as Specification and Standards as mentioned in the RFP
document. Therefore, Bidders are advised to prepare well in advance the detailed
break-up/rate-analysis of their lumpsum financial quote.

3.2.11. Generally the Lowest Bidder shall be the Selected Bidder. In the event that the Lowest
Bidder fails to acknowledge the LOA or fails to sign Contract Agreement or is not
selected for any other reason the Authority may invite the second lowest Bidder to
match the Bid submitted by the Lowest Bidder. In the event that all remaining
Technically Qualified Bidders fail to match the Bid of Lowest Bidder, the Authority in
its sole discretion invite fresh Bids from all the participating Bidders or annul the
Bidding Process as deemed appropriate by it.

3.2.12. After selection, a Letter of Award (the “LOA”) shall be issued in duplicate by the
Authority to the Selected Bidder who shall, within 7 (seven) days of receipt of the LoA,

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sign and return the duplicate copy of the LOA in acknowledgement thereof. In the
event the duplicate copy of the LOA duly signed by the Selected Bidder is not received
by stipulated date, the Authority may, unless it consents to extension of time for
submission thereof, cancel the LOA on account of failure of the Selected Bidder to
acknowledge the LOA and appropriate the Bid Security of such Bidder as damages .

3.2.13. After acknowledgement of the LOA as aforesaid by the Lowest Bidder, it shall cause the
Selected Bidder to submit the Performance Security as specified in Clause 4.1. within
21 (twenty one) days of issuance of LOA and shall be required to execute Contract
Agreement within 30 (thirty) days of issuance of LOA. Bidder shall not be entitled to
seek any deviation, modification or amendment in the Contract Agreement.

3.2.14. In case, the Contract Agreement is not executed within 30 (thirty) days, for reasons
attributable to the Selected Bidder, the Authority reserves the right to cancel the LOA
and appropriate/ forfeit the Bid Security/ Performance Security, as the case may be.

4. Others

4.1. Performance Security

4.1.1. For securing the due and punctual performance of its obligations under the Contract
Agreement, the Contractor shall, within 21 (twenty one) days of issue of Letter of
Award (LoA) by the Authority to the Contractor, an irrevocable and unconditional
guarantee for an amount equal to Rs. 2.50 Crore (Rupees Two Crores and Fifty Lakhs
Only) or 10% (ten percent) of the Contract Price, whichever is higher, issued from a
Scheduled Bank in favour of “Secretary, Rajasthan State Sports Council, Rajasthan”
in the form set forth in Schedule-B of Draft Contract Agreement (the “Performance
Security”). Performance Security shall be valid until 60 (sixty) days after the Defects
Liability Period.

4.1.2. Partial amount of the Performance Security shall be released/refunded to the


Contractor during Defects Liability Period @ 10% (ten percent) of amount of
Performance Security after lapse of 1 (one year) of issuance of Completion Certificate
to the Contractor. Thereafter, 10% (ten percent) of original amount of Performance
Security shall be released/refunded at the end of each subsequent year. The remaining
amount of the Performance Security shall be released/ refunded after 60 (sixty) days
of expiry of the Defects Liability Period.

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5. Fraud and Corrupt Practices

5.1. Fraud and Corrupt Practices

5.1.1. Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process. Notwithstanding anything to the
contrary contained herein, RSSC may reject a Bid without being liable in any manner
whatsoever to the Bid if it determines that the Bid has, directly or indirectly or through
an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process.

5.1.2. Without prejudice to the rights of RSSC under Clause 5.1.1 hereinabove, if a Bid is
found by RSSC to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, such Bidder shall not be eligible to
participate in any RFP issued by during a period of 2 (two) years from the date such
Bidder is found by RSSC to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as the case may be.

5.1.3. For the purposes of this Clause 5, the following terms shall have the meaning
hereinafter respectively assigned to them:

a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the actions of any person connected
with the Bidding Process (for avoidance of doubt, offering of employment to, or
employing, or engaging in any manner whatsoever, directly or indirectly, any
official of RSSC who is or has been associated in any manner, directly or indirectly,
with the Bidding Process or the LoA or has dealt with matters concerning the
Contract Agreement or arising therefrom, before or after the execution thereof, at
any time prior to the expiry of 1 (one) year from the date such official resigns or
retires from or otherwise ceases to be in the service of RSSC, shall be deemed to
constitute influencing the actions of a person connected with the Bidding Process);
or (ii) engaging in any manner whatsoever, whether during the Bidding Process or
after the issue of the LoA or after the execution of the Contract Agreement, as the
case may be, any person in respect of any matter relating to the Project or the LoA
or the Contract Agreement, who at any time has been or is a legal, financial or
technical advisor of RSSC in relation to any matter concerning the Project;

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b) “fraudulent practice” means a misrepresentation or omission of facts or


suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;

c) “coercive practice” means impairing or harming or threatening to impair or harm,


directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;

d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by RSSC with the objective of canvassing, lobbying or
in any manner influencing or attempting to influence the Bidding Process; or (ii)
having a Conflict of Interest; and

e) “restrictive practice” means forming a cartel or arriving at any understanding or


arrangement among Bidders with the objective of restricting or manipulating a full
and fair competition in the Bidding Process.

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6. Miscellaneous

6.1. Miscellaneous

6.1.1. The Bidding Process shall be governed by, and construed in accordance with, the RTPP
Act, 2012 and RTPP Rules, 2013 and the Courts at Jaipur shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/ or in connection with the
Bidding Process.

6.1.2. RSSC, in its sole discretion and without incurring any obligation or liability, reserves
the right, at any time, to;

a) suspend and/or cancel the Bidding Process and/ or amend and/ or supplement the
Bidding Process or modify the dates or other terms and conditions relating thereto;

b) consult with any Bidder in order to receive clarification or further information;

c) qualify or not to qualify any Bidder and/ or to consult any Bidder in order to
receive clarification or further information; retain any information and/ or
evidence submitted to RSSC by, on behalf of, and/ or in relation to any Bidder;
and/ or

d) independently verify, disqualify, reject and/ or accept any and all submissions or
other information and/ or evidence submitted by or on behalf of any Bidder.

6.1.3. It shall be deemed that by submitting the Bid, the Bidder agrees and indemnifies RSSC,
its employees, project management consultant, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses, damages,
costs, expenses or liabilities in any way related to or arising from the exercise of any
rights and/ or performance of any obligations hereunder and the RFP document,
pursuant hereto, and/ or in connection with the Bidding Process, to the fullest extent
permitted by applicable law, and waives any and all rights and/ or claims it may have
in this respect, whether actual or contingent, whether present or in future.

6.2. Conflict of Interest

6.2.1. A Conflict of Interest for RSSC or its personnel and Bidders is considered to be a
situation in which a party has interests that could improperly influence that party’s
performance of official duties or responsibilities, contractual obligations, or
compliance with applicable laws and regulations

6.2.2. The situations in which a RSSC or its personnel may be considered to be in Conflict of
Interest includes, but not limited to, following:-

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a) A Conflict of Interest occurs when RSSC’s personnel’s private interests, such as


outside professional or other relationships or personal financial assets, interfere or
appear to interfere with the proper performance of its professional functions or
obligations as a procurement official.

b) Within the procurement environment, a Conflict of Interest may arise in connection


with such private interests as personal investments and assets, political or other
outside activities and affiliations while in the service of, employment after
retirement from RSSC’s service or the receipt of a gift that may place RSSC’s
personnel in a position of obligation.

c) A Conflict of Interest also includes the use of RSSC’s assets, including human,
financial and material assets, or the use of RSCC's office or knowledge gained from
official functions for private gain or to prejudice the position of someone RSSC's
personnel does not favour.

d) A Conflict of Interest may also arise in situations where RSSC's personnel is seen to
benefit, directly or indirectly, or allow a third party, including family, friends or
someone they favour, to benefit from RSSC personnel’s actions or decisions.

6.2.3. A Bidder may be considered to be in Conflict of Interest with one or more parties in a
bidding process if, including but not limited to:-

a) they have controlling partners in common;

b) they receive or have received any direct or indirect subsidy from any of them;

c) they have the same legal representative for purposes of the Bid;

d) they have a relationship with each other, directly or through common third parties,
that puts them in a position to have access to information about or influence on the
bid of another;

e) A Bidder participates in more than one bid in the same bidding process. However,
this does not limit the inclusion of the same sub-contractor, not otherwise
participating as a Bidder, in more than one bid; or

f) A Bidder or any of its affiliates participated as a consultant in the preparation of


the design or technical specifications of the subject matter of procurement of the
Bidding Process.

6.3. Prohibition against Collusion amongst Bidder(s)

6.3.1. Each Bidder shall warrant by its Bid that the contents of its Bid have been arrived at
independently. Any Bid which has been arrived at through connivance or collusion or

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pooling amongst two or more Bidder(s) shall be deemed to be invalid and the Bid
Security of concerned Bidder(s) shall be forfeited at sole discretion of RSSC

6.4. Interpretation of Documents

In the interpretation of this RFP, unless the context otherwise requires:

(i) The singular of any defined term includes the plural and vice versa, and any
word or expression defined in the singular has the corresponding meaning used
in the plural and vice versa;

(ii) Reference to any gender includes the other gender;

(iii) Unless otherwise stated, a reference to a Clause, Clause, Paragraph,


Subparagraph, Annex, Exhibit, Attachment, Schedule or Recital is a reference
to a Clause, Clause, Paragraph, Subparagraph, Annex, Exhibit, Attachment,
Schedule or Recital of this RFP;

(iv) A reference to any agreement is a reference to that agreement and all


annexes, attachments, exhibits, schedules, appendices and the like
incorporated therein, as the same may be amended, modified, supplemented,
waived, varied, added to, substituted, replaced, renewed or extended, from
time to time, in accordance with the terms thereof;

(v) The terms “include” and “including” shall be deemed to be followed by the
words “without limitation”, whether or not so followed;

(vi) Any reference to a person shall include such person’s successors and permitted
assigns;

(vii) A reference to a “writing” or “written” includes printing, typing, lithography


and other means of reproducing words in a visible form;

(viii) Any date or period set forth in this RFP shall be such date or period as may be
extended pursuant to the terms of this RFP;

(ix) A reference to “month” shall mean a calendar month, a reference to “week”


shall mean a calendar week and a reference to “day” shall mean a calendar
day, unless otherwise specified.

(x) The terms "hereof”, "herein", "hereto", "hereunder" or similar expressions used
in this RFP mean and refer to this RFP and not to any particular Article, Clause
or Section of this RFP. The terms "Article", "Clause", “Paragraph” and
“Schedule” mean and refer to the Article, Clause, Paragraph and Schedule of
this RFP so specified;

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(xi) In case of any conflict, discrepancy or repugnancy between the provisions of


RFP document, provisions of the Contract Agreement shall prevail and
supersede the provisions of all other documents;

(xii) The descriptive headings of Articles and Sections are inserted solely for
convenience of reference and are not intended as complete or accurate
descriptions of content thereof and shall not be used to interpret the provisions
of the Agreement;

(xiii) All capitalized words and expressions used in the RFP shall have the meaning as
ascribed to them in the RFP. In case the same is not defined in the RFP then
they shall have the same meaning as ascribed to them in the Contract
Agreement.

(xiv) The provisions of RTPP Act, 2012 and RTTP Rules, 2013 shall be applicable for
this bidding. Furthermore, in case of any inconsistency in any of the provisions
of this RFP document on one hand and the RTPP Act 2012 and the RTTP Rules,
2013 on the other hand, the later shall prevail.

6.5. Grievance Handling During Bidding Process

6.5.1. Any grievance of a Bidder pertaining to the bidding process shall be by way of filing an
appeal to the first or second Appellate RSSC, as the case may be, in accordance with
the provisions of chapter III of The Rajasthan Transparency in Public Procurement Act,
2012 and chapter VII of The Rajasthan Transparency in Public Procurement Rules, 2013.
The first Appellate shall be the Chairman, Rajasthan State Sports Council, Jaipur while
the second Appellate RSSC shall be the Principal Secretary/Minister, Department of
Youth Affairs and Sports, Government of Rajasthan.

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Bid Forms

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Tech Form - 1: Letter of the Bid

Ref. Dated: …………….

Secretary,
Rajasthan State Sports Council
Sawai Mansingh Stadium, Jaipur
Jaipur
Phone: 0141-2744283
E-mail: rsscjaipur@gmail.com

Sub:- RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap
Khel Gaon, Udaipur on EPC Mode

Dear Sir,

Being duly authorized to represent and act on behalf of _______________________________


(hereinafter referred as the “Bidder"), and having reviewed and fully understood all of the
qualification requirements and information provided, the undersigned hereby expresses its
interest and apply for qualification for Design & Construction of Multipurpose Indoor Stadium
at Maharana Pratap Khel Gaon, Udaipur on EPC Mode (the “Project”)

We are enclosing our Bid with the details as per the requirements of the RFP Document, for
your evaluation.

The undersigned hereby also declares that the statements made and the information provided
in the Bid are complete, true and correct in every detail.

We confirm that our Bid is valid for a period of 120 (one hundred and twenty) days from the
due/last date of submission of Bid (Bid Due Date) and our Technical Bid and Financial Bid are
unconditional.

We hereby also confirm the following:

1. The Bid is being submitted by --------------------------------------------(name of Bidder) in


accordance with the conditions stipulated in the RFP Document.

2. We have examined in details and have understood the terms and conditions stipulated in
the RFP document issued by Secretary, Rajasthan State Sports Council, Rajasthan
(“RSSC/Authority”) and in any subsequent communication sent by it. We further confirm
that we have examined and have no reservations to the RFP document, including
Addendum/ issued vide .................................... dated................... We understand
that the Addendum shall form an integral part of the RFP document.

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3. We acknowledge and confirm that we have undertaken a due diligence audit of all aspects
of the Project, including legal due diligence, Contractor’s obligation to implement the
Project and on the basis of its independent satisfaction hereby agree to undertake the
Project in accordance with the terms and conditions of this RFP document.

4. We agree and undertake to abide by all these terms and conditions. Our Bid is consistent
with all the requirements of submission as stated in the RFP document or in any of the
subsequent communications from RSSC.

5. The information submitted in our Bid is complete, is strictly as per the requirements
stipulated in the RFP document, and is correct to the best of our knowledge and
understanding. We would be solely responsible for any errors or omissions in our Bid.

6. We agree to submit Bank Guarantee for a sum of Rs. 2.50 Crore (Rs. Two Crore and Fifty
Lakhs) or 10% of Contract Price, whichever is higher, as Performance Security on being
identified as Selected Bidder as per terms and conditions of RFP document.

7. In the event of our Bid being accepted, we agree to enter into the Contract Agreement
within the stipulated period of 30 (thirty) days from the date of issue of LoA with the
Authority for exclusive implementation, incorporating the conditions of the Bid including
the Draft Contract Agreement thereto annexed and written acceptance thereof.

8. We confirm that we have studied the provisions of the relevant Indian laws and regulations
required to enable us to prepare this Bid and as applicable for implementation of the
Project in the event that we are finally selected.

9. Our Financial Bid is inclusive of all applicable taxes, duties, cess, surcharges, levies

10. We confirm that all the terms and conditions of the Bid are firm and valid for acceptance
for a period of 120 (one hundred and twenty) days from the Bid Due Date.

Thanking You,
Yours faithfully,
For and on behalf of : -------------------------- (Name of the Bidder)
Signature : --------------------------(Authorised Signatory)
Name of the Person :----------------------------------------------------------------------------
Designation :----------------------------------------------------------------------------
Seal of the Bidder : ---------------------------------------------------------------------------
Date : ---------------------------------------------------------------------------
Place : ---------------------------------------------------------------------------

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Tech Form - 2: Details of the Bidder

1 Name of Bidder

3 Legal Status of Bidder

4 Date of Incorporation/Registration

5 Address of Bidder

Brief Description of Bidder's


Organisation

6 a) Ownership Structure

b) Background of Promoters

c) Management Structure

Name:

Designation:
Details of Individual(s) who shall
Address:
7 serve as the point of
Telephone:
contact/communication for RSSC
Fax:

E-mail:

Name:

Designation:

Address:
8 Particulars of Authorised Signatory
Telephone:

Fax:

E-mail:

Note:

Bidder shall also submit certified copy of certificate of registration/ incorporation as


applicable to legal status of the Bidder.

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Tech Form - 3: Power of Attorney for the Bid Signatory

Know all men by these presents, We ------------------------------------------------ (name of the


Bidder and address of the registered office) do hereby irrevocably constitute, nominate,
appoint and authorize Mr./Ms. (name), ------------------------------------------- who is presently
employed with us, ------------------------------------------------- (name of the Bidder) and holding
the position of -------------------------------------------, as our true and lawful attorney
(hereinafter referred as the “Authorised Signatory”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or incidental to
submission of our Bid for Design & Construction of Multipurpose Indoor Stadium at
Maharana Pratap Khel Gaon, Udaipur on EPC Mode (the “Project”) issued by Secretary,
Rajasthan State Sports Council, Rajasthan ("RSSC/Authority") including but not limited to
signing and submission of all Bids, Bids and other documents and writings, participate in Pre-
Bid Conference and other conferences and providing information/responses to the
RSSC/Authority, representing us in all matters before the Authority, signing and execution of
all contracts including the Contract Agreement and undertakings consequent to acceptance of
our Bid, and generally dealing with the Authority in all matters in connection with or relating
to or arising out of our Bid for the said Project and/or upon award thereof to us and/or till the
entering into the Contract Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Authorised Signatory pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things
done by our said Authorised Signatory in exercise of the powers hereby conferred shall and
shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, …………………, THE ABOVE NAMED PRINCIPALS HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS ……… DAY OF ………., 2017

For

------------------------------------------------------

(Signature, name, designation and address)

Witnesses:

1.

2.
(Notarized)

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Accepted

------------------------------------------------------

(Signature)

(Name, Title and Address of the Authorised Signatory)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.

Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney
in favour of the person executing this Power of Attorney for the delegation of power
hereunder on behalf of the Bidder.

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Tech Form - 4: Self Declaration – No Blacklisting

(to be submitted by Bidder on its Letter head)

Secretary,
Rajasthan State Sports Council
Sawai Mansingh Stadium, Jaipur
Jaipur
Phone: 0141-2744283
E-mail: rsscjaipur@gmail.com

In response to RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana
Pratap Khel Gaon, Udaipur on EPC Mode (the “Project”) dated --------------------, as an
Authorised Signatory of …………………………………………….. (name of Bidder), I hereby declare that
presently the ----------------------------------------- (name of Bidder), at the time of bidding:

a) is competent to get into a contract as per the provisions of Indian Contract Act, 1872.

b) possesses the necessary professional, technical, financial and managerial resources and
competence required by the RFP document issued by Secretary, Rajasthan State Sports
Council, Rajasthan (the “Authority”).

c) has fulfilled its obligations to pay such of the taxes payable to Government of India and the
State Government or any local authority as specified in the RFP document.

d) is having unblemished record and is not declared ineligible for corrupt & fraudulent
practices and is not barred either indefinitely or for a particular period of time by any
State/ Central Government/ Union Territory (UT)/ Public Sector Undertaking (PSU).

e) is not barred under the Rajasthan Transparency Public Procurement (RTPP) Act, 2012 and
Rajasthan Transparency Public Procurement (RTPP) Rules, 2013 from participating in
Bidding Process.

f) does not have any previous transgressions with any entity in India or any other country
during the last 3 (three) years.

g) does not have any debarment by any other procuring entity.

h) is not insolvent in receivership, bankrupt or being wound up, not have its affairs
administered by a court or a judicial officer, not have its business activities suspended and
is not the subject of legal proceedings for any of the foregoing reasons.

i) does not have, and our directors/officers/office bearers (wherever applicable) not have
been convicted of any criminal offence related to their professional conduct or the making
of false statements or misrepresentations as to their qualifications to enter into a

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procurement contract within a period of 3 (three) years preceding to the Bid Due Date, or
not have been otherwise disqualified pursuant to debarment proceedings.

j) does not have a conflict of interest as mentioned in the RFP Document which materially
affect the fair competition.

k) will comply with the code of integrity as specified in the RFP document.

If this declaration is found to be incorrect then without prejudice to any other action that may
be taken as per the provisions of the applicable Act and Rules thereto prescribed by GoR, our
Bid Security/ Performance Security may be forfeited in full and our Bid, to the extent
accepted, may be cancelled.

Thanking You,

For and on behalf of : --------------------------(name of the Bidder)

Signature : --------------------------(Authorised Signatory)

Name of the Person :----------------------------------------------------------------------------

Designation :----------------------------------------------------------------------------

Seal of the Bidder : ---------------------------------------------------------------------------

Date : ---------------------------------------------------------------------------

Place : ---------------------------------------------------------------------------

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Tech Form - 5: Anti-Collusion Certificate

(to be submitted by Bidder on its Letter head)

We hereby certify and confirm that in the preparation and submission of this Bid issued by
Secretary, Rajasthan State Sports Council (the "Authority”) for Design & Construction of
Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur on EPC Mode (the
“Project”) we have not acted in concert or in collusion with any other Bidder or other
person(s) and also not done any act, deed or thing which is or could be regarded as anti-
competitive.

We further confirm that we have not offered nor paid nor shall offer nor pay, directly or
indirectly, any illegal gratifications, in cash or kind, to any person or agency in connection
with the Bid.

Date this..................Day of ...................2017

For and on behalf of : --------------------------(name of the Bidder)

Signature : --------------------------(Authorised Signatory)

Name of the Person :----------------------------------------------------------------------------

Designation :----------------------------------------------------------------------------

Seal of the Bidder : ---------------------------------------------------------------------------

Date : ---------------------------------------------------------------------------

Place : ---------------------------------------------------------------------------

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Tech Form - 6: Project Undertaking


(On the Letter Head of the Bidder)
Ref. Dated: ……………

Secretary,
Rajasthan State Sports Council
Sawai Mansingh Stadium, Jaipur
Jaipur
Phone : 0141-2744283
E-mail : rsscjaipur@gmail.com

Sub:- RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap
Khel Gaon, Udaipur on EPC Mode

We have read and understood the RFP for Design & Construction of Multipurpose Indoor
Stadium at Maharana Pratap Khel Gaon, Udaipur on EPC Mode issued by Secretary, Rajasthan
State Sports Council ("RSSC"). We hereby agree and undertake as under:

Notwithstanding any qualifications of conditions, whether implied or otherwise, contained in


our Bid we hereby represent and confirm that our Bid is unqualified and unconditional in all
respects and we agree to the terms of the RFP document including the Draft Contract
Agreement.

For and on behalf of : --------------------------(name of the Bidder)

Signature : --------------------------(Authorised Signatory)

Name of the Person :----------------------------------------------------------------------------

Designation :----------------------------------------------------------------------------

Seal of the Bidder : ---------------------------------------------------------------------------

Date : ---------------------------------------------------------------------------

Place : ---------------------------------------------------------------------------

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Tech Form - 7: Financial Eligibility

(to be submitted by Bidder on its Letter Head)

Certificate of Annual Turnover and Profit before Tax (PBT)

Annual Turnover (in Profit before Tax (in


S. N. Particulars
Rupees) Rupees)

1 FY 2015-16

2 FY 2014-15

3 FY 2013-14

Note:-

1. The above Form shall also be filled and certified by the statutory auditor or the
chartered accountant firm which has audited the accounts of the Bidder, as applicable,
on its letter head.

2. Bidder shall also submit certified copy of audited annual report/audited financial
statement for the relevant financial year i.e. FY 2015-16, FY 2014-15, FY 2013-14.

3. Bid shall be accompanied with Income Tax and Sales Tax/VAT Clearance certificates
from the concerned department authorities, without which the Bid may not be
entertained.

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Tech Form - 8: Technical Eligibility

(to be submitted by Single Entity Bidder whose Technical Eligibility


is being claimed for this Bid)

1 Name of Project

2 Project Description

3 Project Cost

3 Name of Client

4 Project Duration Start Date: ------------------- End Date: ---------------

5 Status (Completed/ Ongoing)

6 Certified Copy of Work Order

Certified Copy of Certificate of


Completion of the Project

Note:-

1. Above format shall be filled for each project claimed by Bidder under Technical
Eligibility for each of last 3 (three) years ending on March 31, 2016

2. Bidder shall submit details of project(s)/experience strictly in the given formats along
with supporting documents/ evidences including completion certificate from the client
in support of its Technical Eligibility.

3. RSSC reserves the right to contact the Bidder(s), their bankers, their consultants, their
clients and other such sources for verifying the information, references and data
submitted by the Bidder(s) in the Bid including the supporting
documents/evidences/certificates submitted by Bidder in support of its Technical
Eligibility, without further reference to the Bidder(s).

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Tech Form - 9: Bid Security (Bank Guarantee)

(on requisite stamp paper)

BG No………………… Date:………………………….

In consideration of you, Secretary, Rajasthan State Sports Council Rajasthan having its office
at Jaipur, (the “Authority” or “RSSC”, which expression shall unless it be repugnant to the
subject or context thereof include its, successors and assigns) having inviting the Bids vide
Request for Proposal (RFP) dated ………………………….. 2017 for Design & Construction of
Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur on EPC Mode (the
“Project”) and ………………………………… (name of Bidder) having its registered office at
……………………… (the “Bidder” which expression shall unless it be repugnant to the subject or
context thereof include its/their executors, administrators, successors and assigns) is
submitting the Bid for the Project, we…………………………………(name of the Scheduled Bank in
India) having our registered office at ……………………… and one of its operational branches at
………………….Jaipur (the “Bank”), at the request of the Bidder, do hereby in terms provisions of
the RFP document, irrevocably, unconditionally and without reservation guarantee the due and
faithful fulfillment and compliance of the terms and conditions of the RFP document by the
said Bidder and unconditionally and irrevocably undertake to pay forthwith to RSSC an amount
of Rs. 50 Lakhs (Rupees Fifty Lakhs Only) (the “Guarantee”) as our primary obligation without
any demur, reservation, recourse, contest or protest and without reference to the Bidder if
the Bidder fails to fulfill or comply with all or any of the terms and conditions contained in the
said RFP document. We further undertake that Secretary, Rajasthan State Sports Council
Rajasthan, shall be entitled to invoke this Bank Guarantee at-------------------- (name of Jaipur
Beanch of the Bank)Branch of the Bank located at -----------------------(address of the Branch at
Jaipur) Jaipur; the Bank Guarantee is countersigned by the Branch Manager of the said Jaipur
Branch in lieu of his commitment towards this Guarantee

1. Any such written demand made by RSSC stating that the Bidder is in default of the due
and faithful fulfillment and compliance with the terms and conditions contained in the
RFP document shall be final, conclusive and binding on the Bank.

2. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the
claim of RSSC is disputed by the Bidder or not, merely on the first demand from RSSC
stating that the amount claimed is due to RSSC by reason of failure of the Bidder to fulfill
and comply with the terms and conditions contained in the RFP document. Any such
demand made on the Bank shall be conclusive as regards amount due and payable by the
Bank under this Guarantee. However, our liability under this Guarantee shall be

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur Vol-I
on EPC Mode Page-49
Volume-I (Instructions to Bidders) Volume-I

restricted to an amount not exceeding Rs. 50 lakhs (Rupees Fifty Lakhs Only).

3. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the Bid Due Date or for such extended period as may be
mutually agreed between the Authority and the Bidder, and agreed to by the Bank, and
shall continue to be enforceable till all amounts under this Guarantee have been paid.

4. We, the Bank, further agree that RSSC shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfillment and compliance with the terms and
conditions contained in the RFP document and the decision of that the Bidder is in
default as aforesaid shall be final and binding on us, notwithstanding any differences
between RSSC and the Bidder or any dispute pending before any court, tribunal,
arbitrator or any other authority.

5. The Guarantee shall not be affected by any change in the constitution or winding up of
the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the
Bank with any other person.

6. In order to give full effect to this Guarantee, RSSC shall be entitled to treat the Bank as
the principal debtor. RSSC shall have the fullest liberty without affecting in any way the
liability of the Bank under this Guarantee from time to time to vary any of the terms and
conditions contained in the said RFP document or to extend time for submission of the
Bids or the Bid Validity Period or the period for conveying acceptance of Letter of Award
(LoA) by the Bidder or the period for fulfillment and compliance with all or any of the
terms and conditions contained in the said RFP document by the said Bidder or to
postpone for any time and from time to time any of the powers exercisable by it against
the said Bidder and either to enforce or forbear from enforcing any of the terms and
conditions contained in the said RFP document or the securities available to RSSC, and
the Bank shall not be released from its liability under these presents by any exercise by
RSSC of the liberty with reference to the matters aforesaid or by reason of time being
given to the said Bidder or any other forbearance, act or omission on the part of RSSC or
any indulgence by RSSC to the said Bidder or by any change in the constitution of RSSC or
its absorption, merger or amalgamation with any other person or any other matter or
thing whatsoever which under the law relating to sureties would but for this provision
have the effect of releasing the Bank from its such liability.

7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank at
the address set forth herein.

8. We undertake to make the payment on receipt of your notice of claim on us addressed to


[name of Bank along with branch address] and delivered at our above branch which shall
RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur Vol-I
on EPC Mode Page-50
Volume-I (Instructions to Bidders) Volume-I

be deemed to have been duly authorised to receive the said notice of claim.

9. It shall not be necessary for RSSC to proceed against the said Bidder before proceeding
against the Bank and the guarantee herein contained shall be enforceable against the
Bank, notwithstanding any other security which RSSC may have obtained from the said
Bidder or any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealised.

10. We, the Bank, further undertake not to revoke this Guarantee during its subsistence
except with the previous express consent of RSSC in writing.

11. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute
this Guarantee for and on behalf of the Bank.

12. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted
to Rs. …………………………. (Rupees ……………………………….only). The Bank shall be liable to
pay the said amount or any part thereof forthwith if RSSC serves a written claim on the
Bank.

Signed and Delivered by ………………………. Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised official.

(Signature of the Authorised Signatory)

(Official Seal)

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur Vol-I
on EPC Mode Page-51
Volume-I (Instructions to Bidders) Volume-I

Fin Form - 1: Financial Bid


(As per format available at www.eproc.rajasthan.gov.in)

Lowest Bidder shall be asked to promptly submit the detailed break-up/rate-analysis of its
lumpsum financial quote as an input for assessing reasonability/ negotiating the lumpsum
amount to arrive at the Contract Price. While calculating their lumpsum financial quote, all
Bidders must refer to the Rajasthan PWD BSR (Udaipur) as the guiding/base document as well
as Specification and Standards as mentioned in the RFP document. Therefore, Bidders are
advised to prepare well in advance the detailed break-up/rate-analysis of their lumpsum
financial quote.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur Vol-I
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Volume-II: Scope of Work Volume-II

Scope of Work

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

Contents

1. Project Site ................................................................. 3

2. Scope of the Project ...................................................... 4

3. Project Requirements..................................................... 4

4. Specification and Standards ............................................. 9

5. Applicable BIS Codes ..................................................... 35

6. List of Approved Makes .................................................. 38

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

1. Project Site

1.1. Project Site admeasuring 15114.72 sqm is situated in Maharana Pratap Khel Gao, Near
RTO Office, Chitrakoot Nagar, Udaipur, Rajasthan at a distance of 9 km from Udaipur
Railway Station and 8 km from Udaipur Bus Station. Site survey map of the Project Site
is enclosed at Annexure-1 (Conceptual Layouts).

Project
Site

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

2. Scope of the Project

2.1. Contractor shall be responsible for Design & Construction of Multipurpose Indoor
Stadium on Engineering, Procurement & Construction (EPC) basis at the Project Site
situated within the Maharana Pratap Khel Gaon in Udaipur, provided with fixed seating
as well as space for installation of retractable/mobile seating and other infrastructure
as stated in this RFP document (the “Project”).

3. Project Requirements

3.1. The Multipurpose Indoor Stadium shall have infrastructure and facilities for organising
multi-functional activities including national and international level sports tournaments
and imparting trainings to players.

3.2. The Multipurpose Indoor Stadium shall have arena of 51m X 27m (1377 sqm) size with
total built-up area of approx. 9,601 sqm in three floors (ground floor, upper ground
floor and first floor). To have flexibility of usages and to make the Indoor Stadium
multipurpose, the total seating space will be divided between fixed (approx. 2300 nos.)
and retractable/mobile (approx. 1100 nos).

3.3. The Project Requirements have been spelt out in the conceptual layouts enclosed at
Annexure-1 (Conceptual Layouts). The purpose of enclosed conceptual layouts is to
state the Project Requirements in terms of the infrastructure & associated facilities to
be designed and constructed by the Contractor, nevertheless it is entirely Contractor’s
responsibility to plan and design the Project and prepare detailed working Drawings &
designs as per the provisions of the RFP document.

3.4. The Contractor is encouraged to introduce innovative and efficient designs for the
Project provided that the Project Requirements stated in the RFP document and
conceptual layouts are fulfilled in entirety.

3.5. The major Project components have been listed out below with the view to summarize
the broad Project Requirements, however this may not be exhaustive list therefore the
Contractor is required to carefully understand the Project Requirements as stated in
the enclosed in Annexure-1 (Conceptual Layouts).

Minimum
S. N. Description
Requirement

Ground Floor (Minimum Area: 3249 sqm)

1 Arena (27m x 51m) 1377 sqm

2 Entrance Foyer + Lobby (Players & Public) 1622 sqm

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

Minimum
S. N. Description
Requirement

3 Electrical Room (2 nos.) 22 sqm for each

4 Air Handling Unit (AHU) Room (2 nos.) 22 sqm for each

5 Medical Room (1 no.) 24 sqm

6 Office (1 no.) 24 sqm

7 Players Dressing Room (2 nos.) 130 sqm for each

Players Toilet (2 nos.)


8 17 sqm for each
(bath-2, WC-2, Wash Basin-2, Lockers in each toilets)

Gents Toilet (2 Nos.)


9 89 sqm for each
(WC-7, Urinals-27, Wash Basin-4 in each toilets)

Ladies Toilet (2 Nos.)


10 46 sqm for each
(WC-9, Urinals-27, Wash Basin-3 in each toilets)

Differentially-abled Persons Toilet (Ladies) 2 nos.


11 7 sqm for each
(WC-1, Wash Basin-1 in each toilets)

Differentially-abled Persons Toilet (Gents) 2 nos.


12 5 sqm for each
(WC-1, Wash Basin-1 in each toilets)

13 Match Official Room (1 no.) 45 sqm

14 Media Room (1 no.) 45 sqm

15 Control Room (1 no.) 45 sqm

16 VIP Lounge (1 no.) 45 sqm

As per the
17 Entry Gates to all sides of Indoor Stadium Conceptual
Layouts

Upper Ground Floor (Minimum Area: 1591 sqm)

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

Minimum
S. N. Description
Requirement

1 Corridor 704 sqm

2 Recreational Room (1 no.) 144 sqm

3 Admin. Office (1 no.) 144 sqm

Gents Toilet (2 Nos.)


4 92 sqm for each
(WC-4, Urinals-16, Wash Basin-3 in each toilets)

Ladies Toilet (2 Nos.)


5 38 sqm for each
(WC-7, Wash Basin-2 in each toilets)

First Floor (Area: 4761 sqm)

1 Installation of Tip-up Fixed seats 2300 Persons

2 Space for Retractable/ Mobile Seating 1100 Persons

Parking

1 Two Wheeler Parking (150 nos.) 530 sqm

2 Four Wheeler Parking (80 nos.) 1230 sqm

Internal Road

1 Bitumen Road (4.5 meter wide) 400 running meter

Hardscaping and Landscaping

1 Hardscaping 4000 sqm

2 Landscaping 800 sqm

Elevation

1 Mewadi styled architecture

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

3.6. The Contractor shall be responsible for executing following Works in order to complete
the Project Requirements in conformity with the Specifications & Standards contained
in this document and in accordance with the provisions of Draft Contract Agreement.
Brief of the Works to be carried out by the Contractor are given below:

a) Site Survey & Soil Investigation: - All site survey and soil investigation works
including but not limited to topographic survey, geo-technical investigations (soil
testing) of the Project Site. A report of soil testing of the Project Site got
conducted by the Authority through an Independent Agency is enclosed at
Annexure-2. However, the Authority accept no reasonability for the accuracy of
the report and the Contractor shall carry out its own geo-technical/soil
investigation of the Project Site keeping into consideration the Project
requirements.

b) Preparation of Design & Drawings and DPR :- All works including but not limited to
preparation of Detailed Project Report (DPR) and detailed engineering Design and
Drawings shall be prepared to fulfil the Project Requirements as per the provisions
of this document and Contract Agreement and duly vetted by the Proof Consultant
(an institute of NIT or IIT level) and shall be got approved from the Authority.

c) Civil Works:- All civil works including but not limited to earth works, foundation &
plinth works, structural works, earth filling works, disposal of excess soil,
transportation of construction as well as surplus materials, anti termite treatment
works, water proofing treatment works, RCC works, centering & shuttering works,
roof works, plastering works of walls and ceiling, white cement based putty works
on walls, POP works, false ceiling works, flooring works, vinyl flooring works in
arena, finishing works of exterior and interior wall, door & window frames and
shutters, stone cladding works, expansion joint and its treatment, louvers, canopy,
elevations works (e.g. chatri, gola, kangooras) depicting mewadi architecture,
showcases & wardrobes, chajjas/shading, rain water harvesting structures, parking
with adequate lighting, porch at all entrances to the Indoor Stadium, staircase
railing, steel railing, guard room, underground water tank, procuring and
installation of tip-up seats, indoor and outdoor signages, space for
retractable/mobile seating between area and tip-up seating, etc and any other
works as may be required to be carried out in order to complete the Project
Requirements.

d) Tubular Truss Works:- All tubular truss works including but not limited to tubular
steel truss for covering of Indoor Stadium with MS steel built-up in tubular section
covered with polycarbonate sheet equipped with all required electrical works,
water disposals works, exhaust & ventilations systems, flood lighting & illumination

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

works, etc.

e) Sanitary & Water Supply Works:- All sanitary & water supply works including but
not limited to plumbing & laying of pipes including connection to vertical stack/
main lines and to all sanitary fixtures, sanitary fixtures & fittings (e.g. water
closet, lavatory pans, urinals, wash basin, shower rose, mirror, soap dispenser,
towel ring, towel rails, toilet paper holder, multi point hooks, towel racks, etc.),
toilets for Differentially-abled, flooring and dado in toilets & washrooms, chromium
plated (C.P.) fittings works, water tanks, sump tank, arrangement for hot and cold
water, etc and any other works as may be required to be carried out in order to
complete the Project Requirements.

f) Drainage Works: - All drainage works including but not limited to sewerage/storm
water drainage works, earth works for excavation, disposal, backfilling and
compaction, pipe lines, manholes, catch basins and connections to rain water
harvesting, sump tank, connection to existing sewerage network/nallah available in
the area, etc and any other works as may be required to be carried out in order to
complete the Project Requirements.

g) Electrical & Mechanical Works: - All electrical works including but not limited to
conduit fitting works, wiring works for lights and convenience socket outs, LAN
wiring etc. in concealed/surface conduit/raceways, main panel board works, wiring
for telephone outlets, sub main wiring, conducting for voltage system, electrical &
lighting fixtures installations viz. switches, modular electric board plates, plug &
sockets, outlet boxes, Led lights, tube lights, exhaust fans in arena and other
areas, panels, transformers, CT and PT works, sub-station works, LT distribution
works, installation of flood light luminaries of required LUX level for illumination
in arena, mechanical works, CCTV wiring, audio sound wiring etc. and any other
works as may be required to be carried out in order to complete the Project
Requirements.

h) Fire Fighting Works: - All fire fighting works including but not limited to
installation of fire fighting system, fire fighting equipments e.g. hose reel drum,
fire hydrants, RRL hose, branch pipes, fire detection and alarm system including
smoke detectors, heat detectors, temperature detectors, manual pull station,
control module, monitor module, hooters, public address system, fire exit signages,
fire extinguishers, sprinklers, etc. and any other works as may be required to be
carried out in order to complete the Project Requirements.

i) Horticulture and Landscaping: - All works relating to development and maintaining


of horticulture and landscaping with tree, plants, shrubs, laws, etc. in the Project

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

premises (inside and outside) to provide an beautiful and aesthetically pleasing


view, and any other works as may be required to be carried out in order to
complete the Project Requirements.

j) Connecting Road and Pathways: - All works relating to development of BT road


and pathways in and around the Indoor Stadium campus.

Any other Works as may be required for implementation of the Project.

4. Specification and Standards

4.1. All the Works shall be executed as per the Design & Drawings and DPR prepared by the
Contractor in accordance with the Specification and Standards mentioned herein below
and conforming to the Rajasthan PWD Specification for Building Works-2014, National
Building Code (NBC), Bureau of Indian Standard (BIS) Codes, Guidelines and Space
Standards for Barrier Free Built Environment for Disabled and Elderly Persons issued by
CPWD and in accordance with the provisions of the Contract Agreement, and approved
by the Authority after incorporating feedback/changes suggested by the Authority/
PMC.

4.2. In case Specification and Standards contained in this document do not cover any
particular item of Works the Contractor, with prior approval of the Authority, shall
adopt the Specification and Standards, in order of priority, mentioned in the
documents listed below:

(i) Rajasthan PWD Specification for Building Works-2014

(ii) CPWD Specifications -2009

(iii) Relevant BIS Codes

(iv) Manufacturer’s specifications

4.3. In case specifications are not available in any of the documents as stated in Clause 4.2,
then the Authority may take appropriate decision in this respect which shall be final
and binding on the Contractor.

4.4. To maintain desired standards of design and construction of the Project, the
Contractor shall adhere to the following Specifications & Standards:

S. N. Item Specification

1 Foundation and Structure Works

Isolated/ combined/strip/raft footings for Reinforced


(i) Foundation
Cement Concrete (RCC) frame structure compatible for

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

earthquake zone III requirements.

RCC/PSC (Pre-stressed cement concrete) frame


structure compatible to earthquake zone III
requirements The walls shall be constructed with
(ii) Superstructure common burnt clay bricks conforming to IS: 1077, class
designation 10 or higher in cement mortar of 1:4 or
richer as per Rajasthan PWD Specification for Building
Works-2014.

115 mm (half brick) masonry walls in common burnt clay


bricks conforming to IS: 1077, class designation 10 or
higher in cement mortar of 1:4 mix or richer as
(iii) Partitions
required. Nominal reinforcement will be provided in
brick masonry walls as per Rajasthan PWD Specification
for Building Works-2014.

Making 60 cm to 90 cm plinth protection 50 mm thick of


cement concrete 1:3:6 (1 cement: 3 coarse sand: 6
graded stone aggregate 20 mm nominal size) over 75
mm thick bed of dry brick ballast 40 mm nominal size,
(iv) Plinth Protection
well rammed and consolidated and grouted with fine
sand, including finishing the top smooth with brick
edging at outer edge as per Rajasthan PWD Specification
for Building Works-2014.

All flooring in basement/ground floor area shall be


provided over a hard & smooth layer of PCC of 75mm
Dry Stone Soling on thick in 1:2:4 laid over 150mm thick dry stone soling.
(v) Ground Floor/ Dry stone soiling shall be laid on well rammed soil and
Basement 150 mm cushion of soil shall be provided if clayey soil is
encountered at the Project Site as per Rajasthan PWD
Specification for Building Works-2014.

Providing bitumen impregnated fibre board conforming


to IS: 1838 in expansion joints including bitumen sealing
(vi) Expansion joint
compound grade A (IS 1834) and bitumen mix filler of
proportion 80 Kg. of hot bitumen, 1 Kg. of cement and

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

0.25 cubic meter of coarse sand on expansion joints and


also providing of two components poly sulphide sealant
containing solid contents, conforming to standard
specification and approved compatible primer, for
priming vertical faces prior to application of poly
sulphide sealant including all sealing of expansion joints
after drill mixing of two components sealing compound..
The work includes racking and cleaning of joints,
sticking, debonding tape on bottom of joint, applying
primer on edges, using masking tape on edges, providing
of sealant and removal of masking tape immediately
after providing sealant in joint and covering Aluminum
fluted strips 2 mm thick, 150 mm wide sheet over
expansion joints with iron screws as per design to match
the colour / shade of wall treatment.

Also providing suitable PVC water stops conforming to


IS:12200 for construction/ expansion joints between two
RCC members and fixed to the reinforcement with
binding wire before pouring concrete etc. complete.

Earthen pots filling Providing earthen pots of required height including

on Sunk portion filling voids with 1:3:6 lean concrete, using brick bats

under tired complete with levelling and dressing the surface by


(vii)
seating, above 50mm thick cement concrete 1:2:4 as per Rajasthan

porch etc PWD Specification for Building Works-2014.

wherever required

4.5 meter wide bituminous road as per the conceptual


drawing as per latest edition of MoRTH specifications.

The crust shall comprise of well compacted subgrade


soil, 20 cm thick GSB, two layers of 10 cm (compacted
(viii) Internal Road
thickness) of WBM, priming coat and open graded 20 mm
premix carpet. A renewal coat of carpet shall be
provided six months before the expiry of Defect liability
Period

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Horticulture &
(ix) As Rajasthan PWD Specification for Building Works-2014.
Landscaping

2 Water Proofing Treatment

Box type water proofing waterproofing treatment to


floors and external surfaces of Ground Floor/ Basement
structures. The treatment shall comprise of
waterproofing layer, average 100 mm. thick for floors,
using two layers of approved stones placed diagonally
with cut joints Bottom layer of 15 mm. thick 1:3 C.M.
bedding with approved waterproofing chemical. 20 mm.
Ground Floor/ to 25 mm. thick rough stone laid diagonally above the
(i)
Basement 1st layer with cut joints. Joints shall be sealed by 1:1
Cement Motor with approved waterproofing chemical.
The above two layers shall be laid again, in the same
manner as described above. The final layer of 30 mm.
thick I.P.S. shall be laid with approved water proofing
chemical having desired finish as directed including
curing etc. complete on any surface, at all heights as
specified in CPWD Specification chapter sub head 22.0.

To be done in following four courses: 1st course of


applying cement slurry @ 4.4 kg/sqm mixed with water
proofing compound conforming to IS 2645 in
recommended proportions including rounding off
nd
junction of vertical and horizontal surface. 2 course of
20 mm cement plaster 1:3 (1 cement: 3 coarse sand)
Sunken
mixed with water proofing compound in recommended
(ii) Areas/Under Floors
proportion including rounding off junction of vertical
of Toilets
and horizontal surface.

3rd course of applying blown or residual bitumen applied


hot at 1.7 kg. per sqm of area. 4th course of 400 micron
thick PVC sheet. (Overlaps at joints of PVC sheet should
be 100 mm wide and pasted to each other with bitumen
@ 1.7 kg/sqm).

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Water proofing of terrace with bituminous felt


conforming to IS: 1346:1991 over a levelling course of
(iii) Terrace cement concrete 1:2:4 in appropriate thickness to
provide desired slope as per Rajasthan PWD
Specification for Building Works-2014.

3 Anti Termite Treatment

Pre construction anti termite treatment to make a


Entire complete barrier against termite infestation conforming
(i)
Construction Area to IS 6313 (part-II) as Rajasthan PWD Specification for
Building Works-2014.

4 Railing

Stair case railing of 100 mm thick RCC wall finished with


putty/tile dado finish similar to adjoining walls with
stainless steel pipe hand rail at top ( SS 304 Grade with
(i) On Stairs
tube thickness of 1.6 mm having tolerance level as per
ASTM A554) as per Rajasthan PWD Specification for
Building Works-2014.

Providing 950 mm height stainless steel railing. All Pipes


of Stainless as per SS 304 Grade with tube thickness of
1.6 mm having tolerance level as per ASTM A554.

All components in railing including baluster, pipes, caps


etc. to be in Grit Satin finish.

Segregate Fixed Balusters shall be in standard height of 856 mm. All


Seating from components used in the baluster to be manufactured
(ii)
Retractable/Mobile using SS 304 grade material turned and finished on CNC
Seating Space and other automatic Machines. The base plate of the
Baluster to be solid Stainless Steel of size 103 mm dia
and 6 mm in thickness. All connectors to be fixed to the
Baluster using Allen Bolts. The baluster to have Zero
welding except on the bottom plate. Balusters to be
fixed using Stainless Steel M8 Fasteners with SS 304
grade Stainless Steel Caps. The Baluster neck to be

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

modular and can be tilted as per the handrail. The neck


plate to be 2 mm thick in Stainless Steel 304. Handrails
to be connected to the neck plate using Stainless Steel
CSK M5*10 mm Screw only.

5 Finishing Works

External Wall: - 20 mm thick Surface plaster in 1:4 (1


cement: 4 sand) as specified in Rajasthan PWD
Specification for Building Works-2014.

Internal Wall: - 20 mm thick Surface plaster in 1:6 (1


(i) Plaster Works
cement: 6 sand) as specified in Rajasthan PWD
Specification for Building Works-2014.

Ceiling of roofs: 12 mm thick plaster in cement mortar


1:3 mix except areas where false ceiling is specified.

Plastered surfaces with Plaster of Paris (POP) on ceiling


of all RC roofs (except the areas where false ceiling is
specified) as per Rajasthan PWD Specification for

ii) POP/Putty Works Building Works-2014.

White cement putty of approved make on internal and


external walls for smooth and levelled surface as per
Rajasthan PWD Specification for Building Works-2014.

Internal Walls/ Ceilings: - Final finish with oil bound


washable distemper of approved make as per Rajasthan
PWD Specification for Building Works-2014.

External Walls: - Acrylic smooth exterior distemper of


Painting Works approved make as per Rajasthan PWD Specification for
iii)
with primer Building Works-2014.

Steel:-Synthetic enamel paint having VOC (volatile


organic compound) content less than 150 grams/ litre of
approved make as per Rajasthan PWD Specification for
Building Works-2014.

iv) Signages In and around the Stadium campus showing proper

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

designation and direction of each component which


shall be visible properly. Details of such sign/direction
boards shall be worked out in consultation with the
Authority.

6 Door Frames and Shutters

Pressed steel door frames shall be provided conforming


to IS 4351 manufactured from commercial mild steel
sheet of 1.25 mm thickness including hinges jamb, lock
jamb, bead and if required angle threshold of mild steel
angle of section 50x25mm, or base ties of 1.25mm
pressed mild steel welded or rigidly fixed together by
(i) Door Frames mechanical means, adjustable lugs with split end tail to
each jamb including steel butt hinges 2.5 mm thick with
mortar guards, lock strike-plate and shock absorbers as
specified and applying a coat of approved steel primer
after pre-treatment of the surface including filling with
CC 1:2:4 as per Rajasthan PWD Specification for Building
Works-2014.

(ii) Door Shutters

Admin office, ISI marked flush door shutters conforming to IS: 2202
Player Dressing (Part-I)-1999 non- decorative type, core of block board
Rooms, VIP construction with frame of 1st class hard wood and well
Lounge, Match matched commercial 3 ply veneering with vertical grains
Official Room, or cross bands and face veneers on both faces of
a)
Stores, AHU Room, shutters: 35 mm thick flush door shutters covered with 1
Recreational mm thick decorative mica lamination on both sides and
Room, Medical teak wood liping all-round the edges finally finished
Room Other with melamine polish on all exposed surfaces as per
Rooms, etc. Rajasthan PWD Specification for Building Works-2014.

30 mm thick flush door shutters as above with 0.63 mm


b) WC & Toilets Aluminum sheet covered on internal surfaces of shutter
as per Rajasthan PWD Specification for Building Works-

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

2014.

Aluminum extruded section conforming to IS: 733-1983


(reaffirmed 2006) and IS: 1285-2002 (reaffirmed 2015)
Main Entrance
for chemical composition and mechanical properties
passage of Arena,
having wall thickness as 1.63 mm and powder coating
c) Media Room,
thickness not less than 50 microns box section shutters
Recreational
with panes having weight at least 7.5 kg/sqm and filling
Room, Gymnasium
weather silicon sealant as per Rajasthan PWD
Specification for Building Works-2014.

7 Window Frames and Shutters

Aluminum extruded section conforming to IS: 733-1983


(reaffirmed 2006) and IS: 1285-2002 (reaffirmed 2015)
for chemical composition and mechanical properties
having wall thickness as 1.63 mm and powder coating
Window Frame and thickness not less than 50 microns box section shutters
(i)
Shutters with glazed panels of plain/frosted float glass or
toughened glass having weight at least 7.5 kg/sqm and
filling weather silicon sealant and with M.S. grills fixed
with frame as per Rajasthan PWD Specification for
Building Works-2014.

Wire mesh panels made up of Aluminum fames, snap


beadings and Stainless steel wire gauze (Grade- 304)
aperture 1.4 mm and 0.50 mm dia wire to be installed
Wire Mesh for Door
(ii) on pre-fixed Aluminum frames where ever required and
and Windows
filling weather silicon sealant with M.S. grills fixed with
frame as per Rajasthan PWD Specification for Building
Works-2014.

8 Door and Window Fittings

Door/Window ISI marked Stainless steel fittings such as aldrop,


(i) Fittings, Door handles, tower bolts, and hinges of approved makes.

Stoppers & Buffer Door stoppers & Buffer: ISI marked stainless Steel

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Locks, etc. fitting of approved makes.

Locks: C.P brass mortise locks ISI marked or any other


make approved by the Authority.

9 Flooring

Base Flooring for


Arena before 40mm thick Cement concrete flooring 1:2:4 (1 cement:
laying Vinyl Sports 2 coarse sand: 4 graded stone aggregate) in panels of
Flooring and not more than 1.40 sqm in plan area, made up of 40mm
(i) Designated Space x 4mm PVC strips, finished with a floating coat of neat
for cement, including cement slurry etc. complete: 40 mm
Mobile/Retractable thick with 20 mm nominal size stone aggregate as per
Seating Rajasthan PWD Specification for Building Works-2014.

High performance, heavy duty multi-use and multi-


layer/heterogeneous vinyl sports flooring of as of
approved make, shade design and pattern and in sizes as
per manufacturer's specifications, having minimum
thickness of 6.5 mm, having performance parameters
like sliding coefficient of friction, shock absorption,
vertical deformation, vertical ball behaviour, resistance
to rolling load, abrasion resistance(Group T), specular
reflectance, specular gloss, resistance to indentation,
(ii) Arena impact resistance, and slip resistance all as per EN
14904 or equivalent , fire classification of CF1-S1 as per
EN-13501-1:2009 or equivalent, having low VOC, and low
formaldehyde compliant to SAI requirements, including
laying and fixing of sheet with low VOC low
formaldehyde as per manufacturer's specification and
sealing of joints between adjacent joints/sheets by a
hot air gun and PVC welding bar of matching shade as
per manufacturer's specifications all complete as per
directions of the Authority.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Entrance Foyer,
Corridors and
20 mm polished granite stone flooring over 20 mm thick
Other Common
base of cement mortar 1: 4 (1 cement: 4 coarse sand).
Circulation Areas ,
and jointed with grey cement slurry mixed with pigment
(ii) Staircase, Lobby,
to match the shade of the slab, including rubbing,
Area demarcated
mirror polishing, moulding of edge etc. complete as per
for
Rajasthan PWD Specification for Building Works-2014.
Mobile/Retractable
Seating etc.

Vitrified tiles in floor with 800x800 mm size with water


Admin office,
absorption less than 0.08% conforming to IS:15622, of
Player Dressing
approved brand & manufacturer, in all colours and
Rooms , VIP
shades, laid with cement based high polymer modified
Lounge, Match
quick set tile adhesive (water based) conforming to IS:
Official Room,
15477, in average 6 mm thickness, including Grouting
(iii) Control Room,
the joints of tiles having joints 3-5 mm width, using
Media Room,
epoxy grout mix of 0.70 kg of organic coated filler of
Medical Room,
desired shade (0.10 kg of hardener and 0.20 kg of resin
Electrical Room,
per kg), including filling/grouting and finishing complete
Recreational
as per Rajasthan PWD Specification for Building Works-
Room, etc.
2014.

Rectified glazed matt finished ceramic floor tiles of size


300 x 300 mm or more, of 1st quality conforming to IS:
15622, of approved make, in all colours, shades, laid on
20 mm thick Cement Mortar 1:4 (1 cement: 4 coarse
sand), including filling and finishing the joints with
white cement and matching pigments etc., complete as
(iv) Toilets the required slope as per Rajasthan PWD Specification
for Building Works-2014. The under layer for the flooring
shall comprise of 10 cm thick lean cement concrete
(1:3:6).The lean cement concrete to be laid over 15 cm
thick stone soling with voids duly filled up by sand. The
work shall be executed as per Rajasthan PWD
Specification for Building Works-2014.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

18 mm thick gang saw cut mirror polished (pre-moulded


and pre polished) machine cut granite of approved
colour and shade of required size of approved shade,
Wash basin colour and texture laid over 20mm thick base cement
Counters, Vanity mortar 1:4 (1 cement: 4 coarse sand) with joints treated
(vi)
Counters, Window with white cement, mixed with matching pigment,
Sills, Facias. epoxy touch ups, including rubbing, curing moulding and
polishing to edge to give high gloss finish etc. complete
at all levels as per Rajasthan PWD Specification for
Building Works-2014.

Tactile tile strip (for vision impaired persons as per


standards) of size 300x300x9.8mm having with water
absorption less than 0.5% and conforming to IS: 15622 of
approved make in all colours and shades in combination
with cement concrete chequered terrazzo tiles of
(vii) Ramps approved make 22mm thick with marble chips of size
upto 6mm, laid on 20mm thick base of cement mortar
1:4 (1 cement: 4 coarse sand) in all shapes & patterns
including grouting the joints with white cement mixed
with matching pigments etc. complete as per Rajasthan
PWD Specification for Building Works-2014.

Tactile tile strip (for vision impaired persons as per


standards) of size 300x300x9.8mm having with water
absorption less than 0.5% and conforming to IS: 15622 of
approved make in all colours and shades laid on 20mm
Lobby, Corridor
(ix) thick base of cement mortar 1:4 (1 cement: 4 coarse
and Common Areas
sand) in all shapes & patterns including grouting the
joints with white cement mixed with matching pigments
etc. complete as per Rajasthan PWD Specification for
Building Works-2014.

Providing and fixing 20 mm thick precast cement


concrete terrazo tiles of approved make, with marble
(x) Terrace
chips of size upto 6mm laid over roof with neat cement
slurry mixed with pigment to match the shade of the

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

tiles, including cutting ,grinding rubbing with machine


complete on 20 mm thick bed of cement sand mortar 1 :
4 (1 cement: 4 sand) including grouting the joint with
Light shade pigment using white cement etc. with under
layer of cement concrete 1:2:4 (1 cement : 2 coarse
sand : 4 graded stone aggregate 12.5 mm nominal size)
laid in slope as required for rain water disposal admixed
with proprietary water proofing compound, including
rubbing, polishing and cement slurry etc. complete as
per Rajasthan PWD Specification for Building Works-
2014.

52 mm thick cement concrete flooring with concrete


hardener topping, under layer 150 mm thick cement
concrete 1:2:4 (1 cement: 2 coarse sand: 4 graded stone
Parking Area, aggregate 20 mm nominal size) and top layer 12mm
Service Areas, thick cement hardener consisting of mix 1:2 (1 cement
(xi) Electric hardener mix : 2 graded stone aggregate 6 mm nominal
Substation, AHU, size) by volume,. Hardening compound mixed @ 2 litres
etc. per 50kg of cement or as per manufacturer’s
specifications. This includes cost of cement slurry
complete as per Rajasthan PWD Specification for
Building Works-2014.

60 mm thick factory made cement concrete interlocking


paver block of M -30 grade made by block making
machine with strong vibratory compaction, of approved
Building
size, design & shape, laid in required colour and
Surroundings as
(xii) pattern, filling the joints with fine sand etc. all
per Conceptual
complete . The base of flooring will be dry stone soling
Layouts
of hard & smooth layer of PCC of 75mm thick in 1:2:4
over 150mm thick stone layer as per the direction of
Authority.

Flooring Under 52 mm thick cement concrete flooring with concrete


(xiii) Fixed Seating hardener topping, under layer 40 mm thick cement
Area, Top of concrete 1:2:4 (1 cement : 2 coarse sand : 4 graded

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Control room, stone aggregate 20 mm nominal size) and top layer


Media room, etc. 12mm thick cement hardener consisting of mix 1:2 (1
cement hardener mix : 2 graded stone aggregate 6 mm
nominal size) by volume,. Hardening compound mixed @
2 litres per 50kg of cement or as per manufacturers
specifications. Nosing of steps to be fitted, made up of
40x40x6 mm Angle Iron section complete as per
Rajasthan PWD Specification for Building Works-2014.
Contractor shall also install identification
plates/Signages in fixed seating rows.

10 Skirting and Dado

Skirting of 100-125 mm wide material, similar to flooring


Skirting in All
material over 12 mm thick mortar of 1:4 mix (1cement :
Areas where
4 coarse sand) in all shapes & patterns including
(i) Flooring is done.
grouting the joints with white cement mixed with
Unless Otherwise
matching pigments etc. Complete as per Rajasthan PWD
Specified.
Specification for Building Works-2014.

(ii) Dado

Rectified 1st quality ceramic glazed wall tiles


conforming to IS: 15622 (thickness to be specified by the
manufacturer), 2100 mm high tiles dado, of approved
make, in approved colours, shades & size 300x450 mm,
laid over 12 mm thick base of cement mortar 1:3 (1
a) Toilets
cement: 3 coarse sand) and jointing with grey cement
slurry @ 3.3kg per sqm, including pointing in white
cement mixed with pigment of matching shade
complete as per Rajasthan PWD Specification for
Building Works-2014.

Rectified 1st quality ceramic glazed wall tiles


Corridors, Stair
conforming to IS: 15622, of approved make, in approved
Case Walls,
b) colours, shades & size 300x450 mm or as approved by
Common
Authority in a height of 1200 mm height laid over 12 mm
Circulation Areas
thick bed of cement mortar 1:3 (1 cement: 3 coarse

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

etc. sand) and jointing with grey cement slurry @ 3.3kg per
sqm, including pointing in white cement mixed with
pigment of matching shade complete as per Rajasthan
PWD Specification for Building Works-2014.

11 False Ceiling

Calcium silicate perforated ceiling tiles of size 595 x


595 mm in true horizontal level suspended on inter
locking metal grid of hot dipped galvanised steel
sections ( galvanized @ 170 gsm/sqm.) consisting of
main “T” runner with suitably spaced joints to get
required length and of size 24 x 38 mm made from 0.30
mm thick (minimum) sheet spaced at 1200 mm center
In Admin office, to center and cross “T” of size 24 x 25 mm made of
Player Rooms, VIP 0.30 mm thick (minimum) sheet, 1200 mm long spaced
Lounge, Entrance between main “T” at 600 mm center to center to form
Foyer, Lobby, a grid of 1200 x 600 mm and secondary cross “T” of
Corridor, length 600 mm and size 24x25 mm made of 0.30 mm
Recreational thick (minimum) sheet to be interlocked at middle of
(i) Room, Player the 1200 x 600 mm panel to form grids of 600 x 600 mm
Dressing Room, and wall angle of size 21 x 21 x 0.30 mm and laying
Medical Room, false ceiling tiles of approved texture in the grid
Match Official including, wherever, required, cutting/making, opening
Room, Media for services like diffusers, grills, light fittings, fixtures,
Room, Control smoke detectors etc. Main “T” runners to be suspended
Room etc. from ceiling using GI slotted cleats fixed to ceiling with
6 mm dia and 50mm long dash fasteners, 4 mm GI
adjustable rods with galvanised level clips spaced at
1200 mm center to center along main T, bottom
exposed width of 24mm of all T-sections shall be pre-
painted with polyester baked paint, for all heights as
per specifications, drawings and as directed by the
Authority.

12 Sanitary Fixtures

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Indian Water Closet (WC):- Providing and fixing water


closet Orissa pan (Indian type W.C. pan) with 100 mm
uPVC ‘P, trap, 10 litre low level white P.V.C. flushing
cistern, including flush pipe, with manually controlled
device (handle lever) conforming to IS: 7231, with all
fittings and fixtures complete, including cutting and
making good the walls and floors as per Rajasthan PWD
Specification for Building Works-2014.

European Water Closets (WC):- Providing white vitreous


(i) Water Closet (WC) china extended wall mounted double symphonic water
closet of size 780x370x690 mm of approved shape
including providing & fixing white vitreous china cistern
with dual flush fitting, of flushing capacity 3 litre/6 litre
(adjustable to 4 litre/8 litres), including seat cover, and
cistern fittings, nuts, bolts and gasket etc complete as
per Rajasthan PWD Specification for Building Works-
2014. ( DSR)

Indian WCs and European WCs shall be in equal


proportion.

Lipped type half stall white vitreous china urinal of


approx. size 610 x 390 x 370 mm with partition slab,
(ii) Urinals
bottle trap and automatic flushing as per Rajasthan PWD
Specification for Building Works-2014.

White vitreous china basin oval shaped size 550 x 400


mm of under counter type (1st quality, I.S.: 2556 Mark)
of approved make with C.I. brackets duly painted, 1 No.
15 mm C.P. Pillar cock (IS: 8934 Mark) & 32 mm C.P.
(iii) Lavatory Basin
brass waste coupling of approved make, uPVC waste
pipe complete including cutting & making good the wall
as per Rajasthan PWD Specification for Building Works-
2014.

Bevelled edge mirror with pre-polished teak wood


(iv) Mirrors
frames 6mm around of special glass of approved make

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

complete with 6mm thick commercial ply base fixed to


wooden screws & washers as per Rajasthan PWD
Specification for Building Works-2014.

Shower set comprise of C.P. brass L-bend wall mixer


with shower arm and over head shower rose of approved
(v) Shower Set
makes as per Rajasthan PWD Specification for Building
Works-2014.

The Contractor shall install all chromium plated brass


accessories as directed by the Authority.

Towel ring, towel rail, soap dish, soap tray, liquid soap
dispenser, towel rack, multi point coat hook, toilet
(vi) Accessories paper holder etc as per the direction of the Authority.

All C.P. accessories shall be fixed with C.P. brass half


round head screws and cup washers in wall with raw
plugs or nylon sleeves and shall include cutting and
making good as required or directed by the Authority.

uPVC pipes & fittings of type-A as per Design & Drawings


prepared by the Contractor’s plumbing consultant
Soil, Waste & Vent (having the profile as mention below) as per Project
(vii)
Pipes Requirements and vetted by Proof Consultant and
thereafter approved by the Authority with
changes/modifications if any.

13 Water Supply

G.I. pipes of B-class as per Design & Drawings prepared


by the Contractor’s plumbing consultant (having the
External Pipes and
(i) profile as mention below) as per Project Requirements
Fittings
and vetted by Proof Consultant and thereafter approved
by the Authority with changes/modifications if any.

Polypropylene Random Co-Polymer (PP-R) Pipes in


Internal Pipes and
(ii) concealed & internal fittings conforming to IS: 15801 as
Fittings
per Design & Drawings prepared by the Contractor’s

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

plumbing consultant (having the profile as mention


below) as per Project Requirements and vetted by Proof
Consultant and thereafter approved by the Authority
with changes/modifications if any.

CP brass fittings such as pillar cocks, long body cock,


angle valves, health faucets with chain etc as per Design
& Drawings prepared by the Contractor’s plumbing
(iii) CP Fittings consultant (having the profile as mention below) as per
Project Requirements and vetted by Proof Consultant
and thereafter approved by the Authority with
changes/modifications if any.

RCC water storage tanks of required capacity as per


Design & Drawings prepared by the Contractor’s
plumbing consultant (having the profile as mention
(iv) Terrace Tanks
below) as per Project Requirements and vetted by Proof
Consultant and thereafter approved by the Authority
with changes/modifications if any.

14 Drainage

Connection of manhole to manhole and GT manhole


with SW pipes covered with PCC haunching and sewer
line of NP2 pipe upto nearest existing sewerage line or
nallah as per Design & Drawings prepared by the
(i) External
Contractor’s plumbing consultant (having the profile as
mention below) as per Project Requirements and vetted
by Proof Consultant and thereafter approved by the
Authority with changes/modifications if any.

Rain water harvesting system with recharge bore wells


including collection tanks as per the approved design
and municipal norms and the Design & Drawings
(ii) Rainwater prepared by the Contractor’s plumbing consultant
(having the profile as mention below) as per Project
Requirements and vetted by Proof Consultant and
thereafter approved by the Authority with

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

changes/modifications if any.

15 Fire Hydrant and Fire Fighting Systems

The contractor shall get the fire evacuation plan made


in accordance with National Building Code (NBC) and
Fire Hydrant and
local municipal norms to make the entire building
(i) Fire Fighting
compatible with fire safety norms and get it approved
Systems
from the authority. The work shall be executed as per
the approved fire plan.

16 Wardrobes

25 mm thick Kota Stone shelves as per design and


(i) Wardrobe Shelves pattern approved by the Authority with both sides
polished and smooth finished.

Double leaf 1 mm thick pressed steel shutters pre-


painted on both sides (Godrej almirah type) with
pressed steel frame section 80 x 25 mm made of 1 mm
(ii) Wardrobe Shutter
thick MS sheet fixed with 3 Nos. each side butt hinges
and with fittings such as suitable locking arrangement
and handles.

Show case with 25 mm thick Kota Stone shelves both


(iii) Show Cases sides polished shall have sliding glass shutters in
wooden/ Aluminum frames as required.

17 Truss Works

Tubular steel truss for covering of Indoor Stadium with


MS steel built-up tubular section including cutting,
welding, grinding, hosting and fixing in position as per
Truss to Cover the drawings and applying a primer coat of approved
(i)
Indoor Stadium steel primer, welded and bolted including special shapes
washers anchore bolts, gusset plate etc. complete in all
respect.

Truss to be covered with the multi cell polycarbonate

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

sheet 16mm thick of approved colour & design with


standing seam connecting system with minimum 80%
transparency and UV protected fixed with necessary
EPDM, rubber gasket, silicon sealant, cold forged
fastener, etc to the supporting structural steel frame.

Rain water gutter in colour coated Galvanized Material


length up to 3600mm to width max. 1220mm.

Painting with enamel paint (approved brand and colour)


to give an even shade 3 coats to required height tubular
truss, purlins, angles etc of new steel work.

18 Seating Arrangement in Indoor Stadium

Gravity activated Tip-Up without-arm plastic stadium


seat, injection moulded in polypropylene and supported
on a medium, hot dipped galvanised or powder coated,
corrosion resistant steel frame.

The moulded seat shall be produced from polypropylene


impact co-polymers, formulated with ultra violet light
stabilization and anti static inhibitors.

No screws, bolts or mechanical fixings shall be used to


attach the plastic seating components to the steelwork.

Installation of Tip- The seat shall be capable of being sprung back to the
(i)
Up Fixed Chairs fully upright position for improved stadium access and
cleaning.

The seat shall feature a near silent tip-up mechanism.

The seat shall incorporate a full lower back to eliminate


interference from the feet of the people behind.

The seat shall be guaranteed to maintain its original


colour with minimal fading for a three year guarantee
period.

The seat shall feature a flexing back to provide a


balance of patron comfort, performance and flexibility,

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

whilst maintaining its full strength.

The seats and the backrest fit perfectly and protected


from dirt and dust. The Tip-Up mechanism includes a
shock absorber which prevents the seats hitting the
backrest.

Seats shall be installed individually on tier as per


manufacturer specifications.

The seats shall be procured of reputed make/brand with


prior approval of the Authority.

19 Electrical Works

(i) Wiring

Conducting & wiring of light point/ fan point/ exhaust


fan point/ call bell point with 1.5 sqmm nominal size FR
PVC insulated unsheathed flexible copper conductor 1.1
kV grade and 1.5 sqmm nominal size FR PVC insulated
unsheathed flexible copper earth conductor 1.1 kV
grade (IS:694) of approved make in recessed ISI marked
medium duty PVC conduit & it’s accessories, round tiles,
(a) Light Points
Hot Dipped Galvanized Modular Box with earth terminal,
6 A Modular switch, Modular plate with grid plate,
screws, making connections, testing etc. as required.
Light point/ fan point/ exhaust fan point/ call bell in
whole building as per requirement in conformity with
Rajasthan PWD Specification for Electrical Works and
latest BIS codes.

Conducting & wiring of power plug point with 2 x 4.0


sqmm + 1 x 2.5 sqmm FR PVC insulated unsheathed
copper conductor 1.1 kv grade of approved make in
(b) Power Points recessed ISI marked medium duty PVC conduit & it's
accessories, (from power DB to power point) with power
plug point Modular accessories on hot dipped galvanized
modular on surface or in recessed with suitable size of

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

grid plate with cover plate including cost of modular 16


amp. Switch and socket outlet, making connection,
testing, etc. as required. Power points in each corridors,
room, admin office, entrance foyer, arena, recreational
area, control room, media room, match official room,
player dressing room, electrical room and medical room
etc as per requirement in conformity with Rajasthan
PWD Specification for Electrical Works and latest BIS
codes.

wiring of power plug point with 2 x 2.5 sqmm +1 x 1.5


sqmm FR PVC insulated unsheathed copper conductor
1.1 kv grade of approved make in recessed ISI marked
(c) Light Point Circuits
medium duty PVC conduit & it's accessories, (from light
DB to Switch Board) in conformity with Rajasthan PWD
Specification for Electrical Works and latest BIS codes.

Conducting & wiring and I/Os for LAN/ telephone points


in offices, halls, rooms, meeting halls, waiting areas,
LAN point/
(d) courts as per requirement including switches, rack and
Telephone
other material required. Single input shall be provided
through optical fibre cable.

Conducting & wiring for CCTV/PTZ cameras (high


resolution IP cameras) for security in common areas. All
wiring shall be drawn from single point where the
(e) CCTV Wiring
master control unit shall be established. All associated
works for successful installation of cameras except
providing & fixing of cameras and other accessories.

Conduiting & wiring for audio and sound work in Indoor


Audio Sound Stadium in conformity with specifications of leading
(f)
Wiring audio/sound equipments manufacturers and approved
by the Authority.

P&F of appropriate size Recessed mounting heavy duty


(ii) Distribution Board horizontal type sheet steel Distribution board
phosphatised/ powder painted complete with suitable

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

rating insulated copper bus bar, shorting link, neutral


link, earth link and din bar, masking sheet, on forming
to IS13032 & IS8623 including making internal DB
terminations with copper lugs, testing etc. as required
including MCB and Isolators of appropriate rating in
distribution Board. The DB should be separate for light
and power circuits.

SITC of wall/ free standing floor mounted dust and


vermin proof compartmentalized cubical panel made
out of CRCA sheet, required hardware, duly treated for
derusting in 7 tank process with de-phosphatising and
with powder coating on both side of panel in desired
shade The panel having PU/ Neoprene rubber gasket of
not less than 3mm thickness, separate detachable gland
plate M.S. base channel, hinged door with locking
arrangement for equipment/switchgear. Thickness of
sheet shall not be less than 1.6 mm up to 600 mm length
/ width of any compartment and be of 2.0 mm above
600 mm. Load bearing structure shall be of 2.0 mm thick
sheet supported by base M.S. channel if required.
Main and Sub-main Sidewalls and cable alley compartments having bolted
(iii)
Panel type doors with / without detachable extension type
structure. (Only outer area on all sides shall be
measured & panel to be fabricated from CPRI approved
fabricator). The sub main panel for the each floor
consisting of Aluminum bus bars of appropriate size,
incoming and outgoing MCCBs, indicating lamp and
digital multifunction meter. There should be two
separate sub main panels charging to light and power DB
separately through a 3.5 core XLPE insulated & P.V.C.
sheathed cable of 1.1 KV grade Aluminum cable of
appropriate size. The main panel for complete setup
consisting of Aluminum bus bars of appropriate size,
incoming and outgoing MCCBs, indicating lamp and
digital multifunction meter The main panel should be in

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

two parts one is charging to the light sub main and other
is charging power sub-main and having changeover at
one side of main panel. The main panel should charge
sub-main panel through a 3.5 core XLPE insulated &
P.V.C. sheathed cable of 1.1KV grade Aluminum cable of
appropriate size.

Two nos. of 3 m deep, 600 mm x 600 mm size copper


Earthing and
(iv) plate, 20 mm x 3mm size copper strip earthing for each
Lightning Arresters
main 7 sub-main panel. Four lighting arresters.

(v) Light Fixtures

The suitable light fixtures e.g. flood lights shall be


Lighting Fixtures
installed at appropriate height by means of poles or
and Control for
(a) mounted on truss ceiling. There shall be a separate light
Lights Installed in
control for lights installed in particular court (single
Arena
point control).

Lighting Fixtures
LED lights with appropriate fixtures installed around &
and Control for
inside the Indoor Stadium, to meet out the LUX &
(b) Lights Installed in
lumens in accordance SAI specification/guidelines,
Areas other than
relevant standards and Good Industry Practices.
Arena

Exhaust fan of appropriate size shall be installed at


(k) Exhaust fan trusses, arena, gymnasium, toilets and other area
wherever it is required.

20 Provision for HVAC

Dedicated spaces to be provided for AHU unit and plant


Space for AHU, room for chiller units. Building shall be designed and
(i)
Chillers Unit constructed such that HVAC system may be installed at
later stage with minimum dismantling.

21 Building Material

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Ordinary Portland Cement (OPC) 43/53 grade of


approved make conforming to IS: 8112-2013/12269-2013
(i) Cement
as per Rajasthan PWD Building Works Specifications
2014.

High yield strength deformed bar TMT (HYSD TMT)


having minimum strength of 415 N/ mm2 up to and
including 25 mm diameter and 500 N/mm2 for bigger
diameter conforming to IS: 1786 shall be used as
reinforcement for RCC works. Binding wire shall be
conforming to IS: 432.All steel shall be sound and free
from cracks surface flaws laminations, rough and
imperfect edges and all other defects.

Steel The variation in weight per meter length of the bars


(ii)
Reinforcement shall be permitted only up to the following limits:

6 mm & 8mm +7%

10 mm & 12 mm +4%

16 mm & above +3%

Spacer blocks shall be made conforming to M15 concrete


tied with binding wires as specified in Rajasthan PWD
Specification for Building Works-2014 or PVC spacer
shall be used with prior approval of Authority.

General requirements relating a supply of structural


steel shall conform to IS 8910. Requirements for mild
steel (standard quality) plate, sections bars etc,
designated as E250 (Fe 410-W) for use in structural work
(as per IS: 2062-2006, superseding IS 1977, 8500).

(iii) Structural Steel Structural steel such as angle section, T-sections, I-


sections, Channels & steel plates shall be conforming to
IS: 226. Structural steel used in the works other than
steel in reinforced concrete, rails and fastenings shall
be either of the following type:

Mild steel conforming to IS : 226 – “Structural

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

Steel (Standard quality)” or IS : 2062 –


“Structural Steel (fusion welding quality)

Whenever high tensile steel is specified it shall


be conforming to IS: 961 – “Structural steel (High
Tensile)”

All steel tubes shall be hot finished seamless


steel tubes (HFS) of the specified strength and
shall conform to IS: 1161. Tubes made by other
processes and which have been subjected to
cold working, shall be regarded as hot finished if
they have been subsequently heat treated and
are supplied in the normal condition.

Water for all purposes of preparing, mortars, concrete


and curing of masonry and concrete works in
(iv) Water
construction shall conform to Rajasthan PWD
Specification for Building Works-2014.

Earth for embankment and backfills in foundation works


etc. shall be free from lumps, roots, grass, clods and
(v) Earth
large pieces of stones, and shall conform to Rajasthan
PWD Specification for Building Works-2014.

The fine aggregate shall be as per Rajasthan PWD


Specification for Building Works-2014.

The Fineness Modulus (FM) of sand shall be 2.0-3.50 as


(vi) Fine Aggregate per latest IS-383. It shall be free from harmful
impurities and deleterious substances. In case fine dust
and silt is found more than 4% the same shall be washed
thoroughly before use.

Unless, otherwise specified or ordered, only 20 mm


nominal size crushed aggregate shall be used as coarse
(vii) Coarse Aggregate aggregate for concreting purpose in slabs, beams,
columns, in superstructure and foundations as per IS:
383 – 19 70. The same size aggregate shall be used for

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

conglomerate floors also. In lintels and slabs having


thickness less than 12 cm, 12.5 mm nominal size
crushed aggregate shall be used. Crushed aggregate
shall not be having aggregate impact value more than 30
and water absorption more than 2%.

For plain and reinforced cement concrete (PCC and RCC)


or pre-stressed concrete (PSC) works, fine aggregate
shall consist of clean, hard, strong and durable pieces of
crushed stone, crushed gravel, or a suitable combination
of natural sand, crushed stone or gravel. Sand shall not
contain dust, lumps, soft or flaky, materials, mica or
other deleterious materials in such quantities as to
(viii) Sand
reduce the strength and durability of the concrete, or to
attack the embedded steel. Motorized sand washing
machines shall be used to remove impurities from sand.
Fine aggregate having positive alkali-silica reaction shall
not be used. All fine aggregate shall conform to IS: 383
and test for conformity shall be carried out as per IS:
2386 (Part I to VIII).

22 Specialized Works

(i) Water Proofing


For these specialized works, Contractor shall be
Treatment Works
required to engage a specialized agency who has
(ii) Anti Termite completed a specialized work of similar nature of
Treatment Works
costing not less than amount equal to 80% (eighteen
Water Supply and percent) of the amount of that corresponding
(iii) Sanitary/Plumbing specialized item/work in last 7 (seven) years of the
Designs & Works
Appointed Date.

(iv) Electrical Designs


If the Contractor itself fulfils the eligibility criteria laid
and Works
down for associated specialized agencies, then the
(v) Aluminum and Glass Contractor shall not be required to associate itself with
Works
such specialized agency, in compliance to this the
(vi) Truss Works Contractor shall have to submit sufficient proof of

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Item Specification

having valid experience and expertise for the execution


(vii) Sports Vinyl
Flooring Works of the same to the Authority.

5. Applicable BIS Codes

S. N. Materials Applicable BIS Codes

A Applicable IS Codes for Civil Works

Shall be as per I.S. 8112 (However the grade of


1 Cement
cement to be selected by the Authority).

I.S. 432 (Plain), 1786 (TMT), I.S. 2502 (Bending and


Fixing of Bars), I.S. 2751 ( Welding of mild steel &
2 Steel deformed bars), I.S. 5525 (detailing of
reinforcement ), I.S. 9077 (corrosion protection of
steel reinforcement)

3 Vibrator I.S. 7246, I.S. 3558, I.S. 7246, I.S. 11993

I.S. 383, I.S. 515, I.S. 2386 (Part 1 to 8), I.S.


4 Aggregate 2430:1986, I.S. 6461, I.S. 9412, I.S. 10070, I.S.
10079

Shall be clean, free from injurious amount of oil,


Water for Mixing and salt, acid, vegetable materials and other
5
Curing substances and harmful to concrete in conformity
to I.S. 456 and I.S. 2025.

6 Sand/ Fine Aggregate I.S. 2116, 383

7 Binding Wire I.S. 280 (galvanised minimum 1 mm)

8 Rain Water Pipe I.S. 2527

9 Construction Joints I.S. 3414

10 Steel Window Frame I.S. 1038/83

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Materials Applicable BIS Codes

11 Steel Door Frame I.S. 4351/75

Fitting & Fixtures for Conforming to I.S. 7452/82 strictly conform to I.S.
12
Joinery Works specification and as per direction of Authority.

B Applicable IS Codes for Plumbing Works

1 Vitreous IS: 2556-1974

2 IS 2556-1981 (Part II) IS: 2556-1984

3 Cast Iron Cistern IS: 774-1984

4 Ball Valve IS: 1703-1977

5 Cistern Brackets IS: 775-1970

6 Toilet Seat Cover IS: 2548-1983

7 Vitreous China Cistern IS: 2326-1987

8 Sand Cast Iron Pipes &


IS: 1729-1979
Fittings

9 Spun Cast Iron Pipes &


IS: 3989-1984
Fittings

10 GI Pipes IS: 1239-1979

11 Galvanizing for GI pipe IS: 4736-1986

12 Pipe Threads IS: 554-1985

13 Malleable Iron Fitting IS: 1879-1987

14 Cast Iron Sluice Valves IS: 780-1984

15 Full way valves IS: 778-1984

16 Brass Ferrule IS: 2692-1978

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Materials Applicable BIS Codes

17 Stone Ware Gully Trap IS: 651-1980

18 R.C.C. Pipes IS: 458-1971

19 Cast Iron Class L.A.


IS: 1536-1989
Pipes

20 Cast (Spun) Iron


IS: 1538-1976
Fittings

21 Pig Lead IS: 782-1966

22 Induction Motors IS: 4691

Polypropylene Random
23 Co-Polymer (PP-R) IS: 15801
Pipes

C Applicable IS Codes for Electrical Works

Luminaires - Particular
1 Requirements
IS: 10322 (Part 5/Sec-3) 19897
Luminaires for Road
And Street Lighting

Code of Practice for


2 Electrical Wiring IS: 732 (--do--)
Installations

3 Code of Practice for


IS: 3043 (Latest revision)
Earthing

Miniature Air Break


4 Circuit Breakers for
IS: 8828 (Latest revision)
Voltages not exceeding
1000V

Factory built
Assemblies of
5 Switchgear and Control
IS: 8623 (Part I)
Gear for Voltages upto
and including 1000V
AC & 1200V DC.

6 PVC Insulated Heavy- IS: 1554(Latest revision)


Duty Electric Cables

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S. N. Materials Applicable BIS Codes

for upto & including


1100V

High Pressure Sodium


7 Vapour Lamps (General
IS: 9974 (Part 1) (Latest revision)
Requirements and
tests)

8 Degree of Protection IS: 2147 (Latest revision)

Guide for Safety


9 Procedures & Practices IS: 5216 (Latest revision)
in Electrical Works

Electrical Light Fitting,


10 General & Safety IS: 1913 (--do--)
Requirements

6. List of Approved Makes

Approved Makes of Materials – Civil Works

S.N Material / Item Approved Make

ACC, ULTRATECH, AMBUJA CEMENT, JK


43 Grade Ordinary Portland
1 CEMENT OR EQUIVALENT MAKE AS
Cement
APPROVED BY THE AUTHORITY

BIRLA WHITE, JK WHITE OR EQUIVALENT


2 White Cement
MAKE AS APPROVED BY THE AUTHORITY

SAIL, TATA STEEL, RASTRIYA ISPAT NIGAM


LTD.(RINL), JINDAL STEEL, JSW STEEL OR
3 Reinforcement Steel
EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

Water Proofing Compounds,


plasticizer, Super Plasticizer, FOSROC, PIDILITE, CICO, SIKA OR
4 Grouts, Polymers, EQUIVALENT MAKE AS APPROVED BY THE
Polyexpanse, Other AUTHORITY
Construction Chemicals

SAIL, TATA STEEL, RASTRIYA ISPAT NIGAM


Tubular Truss/ Structural
5 LTD.(RINL) OR EQUIVALENT MAKE AS
Steel
APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

COXWELL, SUNPAL,DANPALON OR
6 Polycarbonate Sheet EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

JSW, TATA, ESSAR OR EQUIVALENT MAKE AS


7 Powder Coated GI Sheet
APPROVED BY THE AUTHORITY

FOSROC, SIKA, CICO, ASIAN OR EQUIVALENT


8 Admixtures
MAKE AS APPROVED BY THE AUTHORITY

KITPLY , GREENLAM, MERINO OR


9 Particle Board EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KITPLY, GREENLAM, CENTURY PLY, MERINO,


Laminated Particle Board/
10 SUNMICA OR EQUIVALENT MAKE AS
Laminates
APPROVED BY THE AUTHORITY

DURO, KITPLY INDUSTRIES(SWASTIK),


Flush Door shutters/ Factory
11 CENTURY, OR EQUIVALENT MAKE AS
Made Panelled door shutters
APPROVED BY THE AUTHORITY

SIGNUM FIRE PROTECTION, SHAKTI


METDOOR, SYNERGY THRISLINGTON,
12 Fire Rated Doors
PROMAT INTERNATIONAL OR EQUIVALENT
MAKE AS APPROVED BY THE AUTHORITY

False Ceiling System along ARMSTRONG,SAINT GOBAIN,AURA(ASIPL) OR


13 with supporting grid and EQUIVALENT MAKE AS APPROVED BY THE
metallic tiles AUTHORITY

GREEN, CENTURY, MERINO, KITPLY OR


14 Plywood/Veneer EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ASIAN PAINTS MELAMINE GOLD, TIMBERTON


15 Melamine Polish Of ICI DULUX OR EQUIVALENT MAKE AS
APPROVED BY THE AUTHORITY

HARDWYN, GODREJ, DORMA, DORSET OR


16 Floor Spring EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

Anodised Aluminium KILONG, ALUALPHA OR EQUIVALENT MAKE AS


17
Hardware(Heavy Duty) APPROVED BY THE AUTHORITY

SAINT GOBAIN, AIS, PILKINGTON,


18 Clear/Float/Frosted Glass MODIGAURD OR EQUIVALENT MAKE AS
APPROVED BY THE AUTHORITY

Stainless Steel Railing, JINDAL, DORMA, GEZE OR EQUIVALENT MAKE


19
Accessories etc. AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

Hermitically sealed SAINT GOBAIN, AIS, PILKINGTON OR


20 performance glass Toughened EQUIVALENT MAKE AS APPROVED BY THE
Glass AUTHORITY

PILKINGTON, FERILITE, SAINT GOBAIN AS


21 Fire Rated Vision Panels
APPROVED BY THE AUTHORITY

MCCOY, ARCHITECTURAL SYSTEM, VERGOLA


22 Skylight - Thermoform OR EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KUTTY DOORS, SHAKTI METDOORS, ROMAT


23 MS Door Frame OR EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

EARL-BIHARI, EBCO, ROTTO, COTSWOLD OR


24 Friction Stay Hinges EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

HANU, OSAKA, AVIGIRI OR EQUIVALENT MAKE


25 EPDM GASKET
AS APPROVED BY THE AUTHORITY

Glass Processor For Making AIS,KAENAL GLASS,GSE OR EQUIVALENT


26
DGU/ Toughening MAKE AS APPROVED BY THE AUTHORITY

Polyester Powder Coating NEROLAC, BERGER OR EQUIVALENT MAKE AS


27
Shades APPROVED BY THE AUTHORITY

G.E. PLASTICS, DOW CORNING, BECKER OR


Silicon based water repellent/
28 EQUIVALENT MAKE AS APPROVED BY THE
Weather Sealant
AUTHORITY

FOSROC, PIDILITE, SIKA OR EQUIVALENT


29 Poly-Sulphide Sealant
MAKE AS APPROVED BY THE AUTHORITY

ULTRA TILES, UNITILE, NITCO, MAYOR OR


30 Mosaic tiles/Chequered Tiles EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KAJARIA, SOMANY, RAK OR EQUIVALENT


31 Ceramic Tiles/Glazed Tiles
MAKE AS APPROVED BY THE AUTHORITY

Vitrified KAJARIA , SOMANY, RAK OR EQUIVALENT


32
Tiles(Antiskid/Matt/Glazed) MAKE AS APPROVED BY THE AUTHORITY

ARMSTRONG, UNITEX, LG HOUSES OR


33 PVC Flooring EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

NITCO, UNITILE, ULTRA, MAYUR OR


34 Paver Block & KERB STONE EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

PIDILITE, FOSROC, FERROUS CRETE OR


35 Tile/ Stone Adhesive EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

PIDILITE, FOSROC, FERROUS CRETE OR


36 Grouting Compound EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

HILTI, BOSCH, WUNH OR EQUIVALENT MAKE


37 Dash/ Anchoring Fasteners
AS APPROVED BY THE AUTHORITY

GKW, HILTI OR EQUIVALENT MAKE AS


38 Nuts/ Bolts/ Screws
APPROVED BY THE AUTHORITY

BIRLA WALL CARE, JK WHITE OR EQUIVALENT


39 Wall Putty
MAKE AS APPROVED BY THE AUTHORITY

FOSROC, SIKA, CICO OR EQUIVALENT MAKE


40 Curing Compound
AS APPROVED BY THE AUTHORITY

ASIAN PAINTS(TRACTOR ACRYLIC


DISTEMPER), ICI(MAXTILE), BURGER OR
41 Oil Bound Washable Distemper
EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

BISCON(BERGER), TRACTOR(ASIAN),
42 Acrylic Distemper MAXTILE(ICI) OR EQUIVALENT MAKE AS
APPROVED BY THE AUTHORITY

ICI(SUPER SMOOTH), NEROLAC( BEAUTY


Premium Acrylic Emulsion GOLD), ASIAN PAINTS, BURGER OR
43
Paints EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

BP WHITE(BERGER), DECOPRIME WT(ASIAN),


44 Cement Primer WHITE PRIMER(ICI) OR EQUIVALENT MAKE AS
APPROVED BY THE AUTHORITY

ICI, NEROLAC, ASIAN PAINTS OR EQUIVALENT


45 Steel Primer
MAKE AS APPROVED BY THE AUTHORITY

ICI, NEROLAC,ASIAN PAINTS( WHITE) OR


46 Wood Primer EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ASIAN PAINTS, ICI ( WEATHER SHIELD WITH


HONEYCOMB ROLLER FINISH), KANSAI
47 Textured Exterior Paint NEROLAC(EXCEL WITH HONEYCOMB ROLLER
FINISH) OR EQUIVALENT MAKE AS APPROVED
BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

ASIAN( APCOLITE PREMIUM GLOSS ENAMEL),


ICI(DULUX GLOSS SYNTHETIC ENAMEL),
48 Synthetic Enamel Paint KANSAI NEROLAC( SYNTHETIC ENAMEL) OR
EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ASIAN, ICI, KANSAI NEROLAC OR EQUIVALENT


49 Epoxy Paint
MAKE AS APPROVED BY THE AUTHORITY

AKZO, NOBEL COATINGS INDIA LTD. ,


50 Fire Paint PROMAT, ASIAN PAINTS OR EQUIVALENT
MAKE AS APPROVED BY THE AUTHORITY

TATA, JINDAL HISSAR OR EQUIVALENT MAKE


51 G.I. /M.S. Pipe
AS APPROVED BY THE AUTHORITY

UNIK, ZOLOTO OR EQUIVALENT MAKE AS


52 G.I Fittings
APPROVED BY THE AUTHORITY

RELIANCE, JAIN PIPES, ORIPLAST OR


53 HDPE Pipes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ELECTROSTEEL, JINDAL, TATA DUCTURA OR


54 DI Pipes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KARTAR, ELECTROSTEEL OR EQUIVALENT


55 DI Fittings
MAKE AS APPROVED BY THE AUTHORITY

NEEL, KARTAR, SARKAR OR EQUIVALENT


56 CI Fittings
MAKE AS APPROVED BY THE AUTHORITY

KIRLOSKAR, SONDHI, KEJRIWAL OR


57 CI Double Flanged sluice valve EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

L&K, LEADER, ZOLOTO OR EQUIVALENT


58 Float Valve
MAKE AS APPROVED BY THE AUTHORITY

SUPREME, FINOLEX OR EQUIVALENT MAKE AS


59 UPVC Pipes and Fittings
APPROVED BY THE AUTHORITY

NECO, ELECTRO STEEL, KAPILANSH OR


Centrifugally Cast(Spun) Iron
60 EQUIVALENT MAKE AS APPROVED BY THE
Pipes & Fittings
AUTHORITY

NECO, ELECTRO STEEL, KAPILANSH OR


Centrifugally Cast(Spun)
61 EQUIVALENT MAKE AS APPROVED BY THE
Iron(Class LA) Pipes
AUTHORITY

C.I. Manhole Covers, Frames & NECO,BIC,SKF, SRLU OR EQUIVALENT MAKE


62
GI Gratings AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

SFRC Manhole Covers & JAIN,PARGATI OR EQUIVALENT MAKE AS


63
Gratings APPROVED BY THE AUTHORITY

SANT, LEADER,ZOLOTO OR EQUIVALENT


64 Gun Metal Valves, Globes
MAKE AS APPROVED BY THE AUTHORITY

JAQUAR, KOHLER, HINDWARE OR


65 CP Brass Fittings EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

JAQUAR, KOHLER, HINDWARE OR


66 Sanitary Fittings & Accessories EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

PRIMA,KRANTI,LEADER OR EQUIVALENT MAKE


67 Water Meter
AS APPROVED BY THE AUTHORITY

ZOLOTO, SANT, LEADER OR EQUIVALENT


68 Brass Stop Valve & Bib Cock
MAKE AS APPROVED BY THE AUTHORITY

ATUL,MODI GUARD, GOLDEN FISH OR


69 Mirror Glass EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ASTRAL, SUPREME, FINOLEX OR EQUIVALENT


70 UPVC Pipes
MAKE AS APPROVED BY THE AUTHORITY

SUPREME, FINOLEX, KISAN OR EQUIVALENT


71 PVC Pipe & Fittings
MAKE AS APPROVED BY THE AUTHORITY

Non Return Valve(Check ZOLOTO, SANT, LEADER OR EQUIVALENT


72
Valve) MAKE AS APPROVED BY THE AUTHORITY

PRIMA, KALSI, ANNAPURNA OR EQUIVALENT


73 Brass Ferrules
MAKE AS APPROVED BY THE AUTHORITY

KAIFLEX, ARMAFLEX, CAREFLEX OR


74 Insulation of Hot Water Pipes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KAIFLEX, ARMAFLEX, CAREFLEX OR


Insulation of external/exposed
75 EQUIVALENT MAKE AS APPROVED BY THE
hot water pipes
AUTHORITY

PYPKOTE, ARMAFLEX, AKPOLYKOTE OR


Pipe Protection for external
76 EQUIVALENT MAKE AS APPROVED BY THE
water supply pipes
AUTHORITY

MERINO INDUSTRIES LTD.(TITAN SERIES),


GREEN PLY INDUSTRIES LTD.(GREENLAM
77 Toilet Cubicle
STURDO CLASSIC), TRESPA OR EQUIVALENT
MAKE AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

DORMA, HARDWYN, OZONE, DORSET OR


78 Hardware & Door Fittings EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

DORMA, GODREJ, HARDWYN OR EQUIVALENT


79 Door Closer
MAKE AS APPROVED BY THE AUTHORITY

Stainless Steel Sink(Out Of NEELKANTH, NIRALI, JAYNA OR EQUIVALENT


80
Salem Steel) MAKE AS APPROVED BY THE AUTHORITY

HINDWARE, PARRYWARE, KOHLER, JAQUAR


81 European WC OR EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

HINDWARE, PARRYWARE, KOHLER, JAQUAR


82 Washbasin OR EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

HINDWARE, PARRYWARE, KOHLER, JAQUAR


83 Urinals OR EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

FINOLEX, SUPREME, ASHIRWAD, ASTRAL OR


84 CPVC Pipes & Fittings EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

PERFECT, TAYA OR EQUIVALENT MAKE AS


85 Stone ware pipes
APPROVED BY THE AUTHORITY

PERFECT, PARRY OR EQUIVALENT MAKE AS


86 Gully Traps
APPROVED BY THE AUTHORITY

LAKSHMI, SOOD & SOOD OR EQUIVALENT


87 RCC Pipes (NP-2)
MAKE AS APPROVED BY THE AUTHORITY

STP, HTL, PIDILITE OR EQUIVALENT MAKE AS


88 Atactic Polypropylene
APPROVED BY THE AUTHORITY

DOWCORNING, SUPREME, TEXAS, ANALCO OR


Extruded Polystyrene
89 EQUIVALENT MAKE AS APPROVED BY THE
Insulation Board
AUTHORITY

SWASTIK, THERMAX, THERMATER OR


90 Heat Resistant Tiles EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

HERCULUS, CS, THERMATER OR EQUIVALENT


91 Modular Expansion Joint
MAKE AS APPROVED BY THE AUTHORITY

GERFLOR, TARKETT, OMANI OR EQUIVALENT


92 Sports Vinyl Flooring
MAKE AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

Approved Makes of Materials – Electrical Works

S.N Material / Item Approved Make

TRICOLITE, ADLEC, AMBIT (CPRI Approved)


L.T. Panel Boards/Sub-
1 OR EQUIVALENT MAKE AS APPROVED BY
Panel/Meter Boards
THE AUTHORITY

SIEMENS, L&T, LEGRAND OR EQUIVALENT


2 MCCB
MAKE AS APPROVED BY THE AUTHORITY

L&T, KAYCEE, SIEMENS OR EQUIVALENT


3 Selector Switch
MAKE AS APPROVED BY THE AUTHORITY

AE, GILBERT, PRECISE OR EQUIVALENT


4 CT/PT
MAKE AS APPROVED BY THE AUTHORITY

Bajaj, WIPRO, PHILIPS OR EQUIVALENT


5 Aviation Light
MAKE AS APPROVED BY THE AUTHORITY

Bajaj, WIPRO, PHILIPS OR EQUIVALENT


6 Photo Chromatic Switch
MAKE AS APPROVED BY THE AUTHORITY

CROMPTON, AREVA, SIEMENS, SCHNEIDER


7 Annunciation Panel OR EQUIVALENT MAKE AS APPROVED BY
THE AUTHORITY

BCH, INDUSTRIAL CONTROL, JAINSON OR


8 Terminal Blocks EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ABB, L&T, SIEMENS, SCHNEIDER OR


9 Change Over Switch EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

JINDAL, INDALCO, CENTURY OR


10 Bus Bar EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

LUMINOUS, MICROTEK, SUKAM OR


11 Inverter EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

JEF ECOSAFE, TEREC PLUS, ASHOK, JK OR


12 Chemical Earthing EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

JINDAL, TATA , SAIL OR EQUIVALENT MAKE


13 GI Pipes
AS APPROVED BY THE AUTHORITY

FINOLEX, POLYCAB, RR KABEL OR


Copper conductor PVC
14 EQUIVALENT MAKE AS APPROVED BY THE
insulated wires
AUTHORITY

SEIMENS, L&T, LEGRAND OR EQUIVALENT


15 MCB/ELCB/RCCB/DB
MAKE AS APPROVED BY THE AUTHORITY

Timer's & Contactors to be L&T, SIEMENS, HAGER OR EQUIVALENT


16
mounted in DB's MAKE AS APPROVED BY THE AUTHORITY

L&T, SIEMENS, SCHNEIDER OR EQUIVALENT


17 MV Contactors/Timer/Starters
MAKE AS APPROVED BY THE AUTHORITY

AREVA, SIEMENS, L&T OR EQUIVALENT


18 Protective Relays
MAKE AS APPROVED BY THE AUTHORITY

KWH Meters(Electronic Digital CONZERV, SECURE, CAPITAL OR


19 Type) /Multifunction EQUIVALENT MAKE AS APPROVED BY THE
meter/Ammeter/ Voltmeter AUTHORITY

UNIVERSAL, GRANDLAY, GLOSTER,


20 LT Cables POLYLAB, HAVELLS OR EQUIVALENT MAKE
AS APPROVED BY THE AUTHORITY

L&T, BCH, GE OR EQUIVALENT MAKE AS


21 Indication Lamps/Push Button
APPROVED BY THE AUTHORITY

CROMPTON GREAVES, ORIENT, HAVELLS OR


22 Ceiling/Exhaust Fan EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

MEM, PROFAB, RICO OR EQUIVALENT MAKE


23 Cable Tray
AS APPROVED BY THE AUTHORITY

LEGRAND, MK , SCHNEIDER OR EQUIVALENT


24 Raceway
MAKE AS APPROVED BY THE AUTHORITY

BEC, AKG, STEEL CRAFT OR EQUIVALENT


25 M S Conduit
MAKE AS APPROVED BY THE AUTHORITY

Heavy Duty Accessories for MS RAMA, AKG, BEC OR EQUIVALENT MAKE AS


26
Conduit APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

LEGRAND (ARTEOR), SCHNEIDER(ZENCELO),


27 Switch Socket Accessories MK(ELEMENTS) OR EQUIVALENT MAKE AS
APPROVED BY THE AUTHORITY

LEGRAND, SCHNEIDER, SIEMENS OR


28 TV Telephone Outlet EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

MOLEX, D LINK, AVAYA OR EQUIVALENT


29 LAN
MAKE AS APPROVED BY THE AUTHORITY

HENSEL, CLIPSAL, MENEKKES OR


30 Polycarbonate Junction Box EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

TATA, JINDAL, SAIL OR EQUIVALENT MAKE


31 GI Pipes
AS APPROVED BY THE AUTHORITY

HILTI, FISHER, OR EQUIVALENT MAKE AS


32 Fasteners
APPROVED BY THE AUTHORITY

APC, EMERSION, SOCOMEC OR EQUIVALENT


33 UPS
MAKE AS APPROVED BY THE AUTHORITY

NOTIFIER, SIEMENS, COOPER OR


34 Fire Alarm System EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

Sealed Maintenance Free EXIDE, HITACHI, AMERON OR EQUIVALENT


35
Batteries MAKE AS APPROVED BY THE AUTHORITY

HEINRICH, ATEIS, BOSE OR EQUIVALENT


36 PA System for addressable
MAKE AS APPROVED BY THE AUTHORITY

37 CCTV System

AXIS, HIKVISION, SONY OR EQUIVALENT


a) Camera
MAKE AS APPROVED BY THE AUTHORITY

AXIS, HIKVISION, SONY OR EQUIVALENT


b) Network Video Recorder
MAKE AS APPROVED BY THE AUTHORITY

SONY, SAMSUNG, PHILIPS OR EQUIVALENT


c) Monitor
MAKE AS APPROVED BY THE AUTHORITY

38 Access Control System

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

LENEL, CASSIRUSCO, SMART-1 OR


a) Access Controllers EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

LENEL, CASSIRUSCO, SMART-1 OR


Access Control Management
b) EQUIVALENT MAKE AS APPROVED BY THE
Software
AUTHORITY

LENEL, CASSIRUSCO, SMART-1 OR


c) Door Interlock Controller EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

LENEL, CASSIRUSCO, SMART-1 OR


d) Biometric Fingerprint Reader EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

LENEL, CASSIRUSCO, SMART-1 OR


e) Smart Card Reader EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

LENEL, CASSIRUSCO, SMART-1 OR


f) Smart Cards EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

TRIMEC, BEL, ALGATEC OR EQUIVALENT


g) Electromagnetic Locks
MAKE AS APPROVED BY THE AUTHORITY

Approved Makes of Materials – Public Health Engineering Works

S.N Material / Item Approved Make

HINDWARE ,PARRYWARE ,CERA OR


Vitreous China Sanitary ware
1 EQUIVALENT MAKE AS APPROVED BY THE
shall
AUTHORITY

Plastic W.C Seats with cover ADMIRAL ,COMMANDER ,CERA OR


2 (Except where to be supplied EQUIVALENT MAKE AS APPROVED BY THE
with WC) AUTHORITY

JAQUAR ,HINDWARE ,SOMANY OR


3 C.P fittings shall EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

4 Concealed Flushing Cisterns HINDWARE ,VIEGA OR EQUIVALENT MAKE

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

AS APPROVED BY THE AUTHORITY

Sensor Operated Flushing TOSHI ,JAQUAR ,UTEC OR EQUIVALENT


5
System MAKE AS APPROVED BY THE AUTHORITY

Air Purifier / Aerosol EURONICS ,UTEC ,JAQUAR OR EQUIVALENT


6
Dispenser MAKE AS APPROVED BY THE AUTHORITY

VIEGA ,MCALPINE ,SOMANY OR EQUIVALENT


7 Multi-Pan WC Connector
MAKE AS APPROVED BY THE AUTHORITY

Flexible Connectors for Water


VILINO BRAIDEN ,ASR OR EQUIVALENT MAKE
8 Supply to Wash
AS APPROVED BY THE AUTHORITY
Basins/Sinks/Geysers

AMC ,JAYNA ,NEELKANTH OR EQUIVALENT


9 Stainless Steel Sink
MAKE AS APPROVED BY THE AUTHORITY

VENUS ,BRAUN ,AO SMITH, RECOLD OR


Electrical Water Heater /
10 EQUIVALENT MAKE AS APPROVED BY THE
Geyser
AUTHORITY

VIJAY METAL WORKS ,NEER ,SANIPURE


CP / SS Grating for Floor Trap
11 WATER SYSTEMS OR EQUIVALENT MAKE AS
& Floor Drain
APPROVED BY THE AUTHORITY

TATA ,JINDAL ,SWASTIK PIPES OR


12 G.I. pipes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

G.I. Fittings for Water Supply AVR ,UNIK ,ZOLOTO OR EQUIVALENT MAKE
13
(Malleable) AS APPROVED BY THE AUTHORITY

ASTRAL ,ASHIRVAD FLOWGUARD ,APPOLO


14 CPVC Pipes PIPES OR EQUIVALENT MAKE AS APPROVED
BY THE AUTHORITY

KITEC ,KISHAN ,ANJENY OR EQUIVALENT


15 Composite Pipes
MAKE AS APPROVED BY THE AUTHORITY

AKG ,JAIN PIPES ,SUPREME OR EQUIVALENT


16 UPVC pipes
MAKE AS APPROVED BY THE AUTHORITY

JAIN PIPES ,ORIPLAST ,SHREE DARSHAN OR


17 HDPE Pipes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

NECO OR EQUIVALENT MAKE AS APPROVED


18 Sand Cast Iron Pipes & fittings
BY THE AUTHORITY

NECO OR EQUIVALENT MAKE AS APPROVED


19 Sand Cast Iron Pipes & fittings
BY THE AUTHORITY

ANAND ,BK CERAMICS INDUSTRY ,MOLI


20 Stoneware pipes & Gully Trap CERAMIC OR EQUIVALENT MAKE AS
APPROVED BY THE AUTHORITY

PRAGATI ,KRISHNA SPUN PIPES ,OM SPUN


21 RCC PIPES PIPE OR EQUIVALENT MAKE AS APPROVED
BY THE AUTHORITY

KESORAM ,NECO ,ELECTROSTEEL OR


22 CILA pipes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

NEEL ,KARTAR ,SARKAR OR EQUIVALENT


23 C.I. fittings
MAKE AS APPROVED BY THE AUTHORITY

KESORAM ,ELECTROSTEEL OR EQUIVALENT


24 D.I. pipes
MAKE AS APPROVED BY THE AUTHORITY

KARTAR ,ELECTROSTEEL OR EQUIVALENT


25 D.I. fittings
MAKE AS APPROVED BY THE AUTHORITY

CAREFLEX OR EQUIVALENT MAKE AS


26 Insulation For Hot water Pipes
APPROVED BY THE AUTHORITY

Insulation For External / CAREFLEX OR EQUIVALENT MAKE AS


27
Exposed Hot water Pipes APPROVED BY THE AUTHORITY

PYPKOTE ,MAKPOLYKOTE ,ARMAFLEX OR


Pipe protection For External
28 EQUIVALENT MAKE AS APPROVED BY THE
Water Supply Pipes
AUTHORITY

Pipe Joint Sealant for Cast PIPESEAL ,DRIPSEAL OR EQUIVALENT MAKE


29
Iron Pipes AS APPROVED BY THE AUTHORITY

Pre-Fabricated Structural CHILLY ,EASYFLEX ,CAMRY OR EQUIVALENT


30
supports and clamps MAKE AS APPROVED BY THE AUTHORITY

ASIAN PAINTS ,BERGER OR EQUIVALENT


31 Paints
MAKE AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

ZOLOTO ,SANT OR EQUIVALENT MAKE AS


32 Gunmetal Fullway Valve
APPROVED BY THE AUTHORITY

ZOLOTO ,SANT OR EQUIVALENT MAKE AS


33 Gunmetal Fullway Valve
APPROVED BY THE AUTHORITY

ARCO ,ZOLOTO ,SKS OR EQUIVALENT MAKE


34 Ball valve
AS APPROVED BY THE AUTHORITY

ARCO ,RB ,SKS OR EQUIVALENT MAKE AS


35 Ball valve w/ In-Built Filter
APPROVED BY THE AUTHORITY

KSB ,AIP ,SKS OR EQUIVALENT MAKE AS


36 Butterfly Valve
APPROVED BY THE AUTHORITY

SANT ,LEADER ,SKS OR EQUIVALENT MAKE


37 Air Release Valve
AS APPROVED BY THE AUTHORITY

KIRLOSKAR ,LEADER ,AIP OR EQUIVALENT


38 C.I double flanged sluice valve
MAKE AS APPROVED BY THE AUTHORITY

C.I Disk Type non return


ADVANCE ,AIP , OR EQUIVALENT MAKE AS
39 valves (65mm dia and above –
APPROVED BY THE AUTHORITY
Dual plate type)

Float valve (gunmetal) upto LEADER ,AIP OR EQUIVALENT MAKE AS


40
40mm APPROVED BY THE AUTHORITY

Float valve (C.I) 50mm and LEADER ,SARKAR ,CSA OR EQUIVALENT


41
above MAKE AS APPROVED BY THE AUTHORITY

Altitude / Equilibrium Float CSA ,HONEYWELL OR EQUIVALENT MAKE AS


42
Valve APPROVED BY THE AUTHORITY

C.I Strainer more than 65mm LEADER ,SANT ,AIP OR EQUIVALENT MAKE
43
dia. AS APPROVED BY THE AUTHORITY

RBM ,TIEMME ,SKS OR EQUIVALENT MAKE


44 Pressure Reducing Valve
AS APPROVED BY THE AUTHORITY

DANFOSS ,HONEYWELL OR EQUIVALENT


45 Solenoid Valve
MAKE AS APPROVED BY THE AUTHORITY

Butterfly Valve with Electric DANFOSS ,AIP ,CASTLE OR EQUIVALENT


46
Actuator / Motorized MAKE AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Approved Make

ARCO ,GIACOMINI OR EQUIVALENT MAKE AS


47 Thermostatic Mixing Valve
APPROVED BY THE AUTHORITY

CEPEX ,JAIN OR EQUIVALENT MAKE AS


48 PVC Valves
APPROVED BY THE AUTHORITY

NECO OR EQUIVALENT MAKE AS APPROVED


49 C.I/D.I. Manholes cover
BY THE AUTHORITY

SFRC Manhole Cover & ABC-ACCURATE BUILDCON OR EQUIVALENT


50
Gratings MAKE AS APPROVED BY THE AUTHORITY

KGM OR EQUIVALENT MAKE AS APPROVED


51 Plastic Encapsulated Foot Rest
BY THE AUTHORITY

Approved Makes of Materials – Fire Fighting Works

S.N Material / Item Make

TATA ,JINDAL HISSAR OR EQUIVALENT


1 M.S Pipes
MAKE AS APPROVED BY THE AUTHORITY

SS ,MEC (JAINSONS) ,VS OR EQUIVALENT


2 Forged Steel Fittings
MAKE AS APPROVED BY THE AUTHORITY

MEC (JAINSONS) ,Heavy 'C' Class OR


3 ERW / Butt welded Fittings EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

MEC (JAINSONS) ,VICTAULIC ,UNIQ OR


4 D.I. Grooved Coupling Fittings EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

SANT ,LEADER ,ZOLOTO OR EQUIVALENT


5 Ball valve
MAKE AS APPROVED BY THE AUTHORITY

ZOLOTO ,SKS ,SANT OR EQUIVALENT MAKE


6 Butterfly Valve (upto PN 16)
AS APPROVED BY THE AUTHORITY

AIP ,MONSHER ,KSB OR EQUIVALENT MAKE


7 Butterfly Valve ( PN 20)
AS APPROVED BY THE AUTHORITY

SANT ,CASTLE ,LEADER OR EQUIVALENT


8 Air Release Valve
MAKE AS APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Make

KIRLOSLAR ,ZOLOTO ,AUDCO OR


C.I Double flanged sluice
9 EQUIVALENT MAKE AS APPROVED BY THE
valves
AUTHORITY

KIRLOSKAR ,ZOLOTO ,AUDCO OR


C.I Double Flanged Non-return
10 EQUIVALENT MAKE AS APPROVED BY THE
valve
AUTHORITY

Dual Plate / Wafer Type Non- ADVANCE ,KSB ,ZOLOTO OR EQUIVALENT


11
return valves (upto PN 16) MAKE AS APPROVED BY THE AUTHORITY

Dual Plate / Wafer Type Non- AIP ,ZOLOTO ,KIRLOSKAR OR EQUIVALENT


12
return valves (PN 20) MAKE AS APPROVED BY THE AUTHORITY

SUPEREX ,MINIMAX ,NEWAGE OR


13 Fire Extinguishers EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

SUPEREX ,MINIMAX ,NEWAGE OR


14 First-aid Hose Reel Drum EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

PADMINI ,EVERSAFE ,SUPEREX OR


15 Rubber Hose Reels for Drums EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

SUPEREX ,NEWAGE ,EVERSAFE OR


Thermo Plastic Hose Reels for
16 EQUIVALENT MAKE AS APPROVED BY THE
Drums
AUTHORITY

EVERSAFE ,NEWAGE ,SUPEREX OR


17 R.R.L. Hose & C.P. Hose EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

EVERSAFE ,NEWAGE ,SUPEREX OR


Branch Pipe, Nozzle, Coupling
18 EQUIVALENT MAKE AS APPROVED BY THE
etc.
AUTHORITY

EVERSAFE ,NEWAGE ,SUPEREX OR


19 Landing Valves EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

EVERSAFE ,NEWAGE ,SUPEREX OR


20 Fire Brigade Connections EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Make

SAFEGUARD ,NEWAGE ,SUPEREX OR


Fire Fighting Equipment not
21 EQUIVALENT MAKE AS APPROVED BY THE
covered else where
AUTHORITY

SUPEREX ,NEWAGE ,EVERSAFE OR


22 Hose Box EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

SUPEREX ,NEWAGE ,EVERSAFE OR


Sprinklers & Rosette Plates
23 EQUIVALENT MAKE AS APPROVED BY THE
(All Types)
AUTHORITY

KIRLOSKAR ,ABB ,CROMPTON GREAVES OR


24 Motors for Fire Pumps EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KIRLOSKAR ,MATHER PLATT ,WILLO OR


25 Fire Pumps EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

SIEMENS ,L&T ,GE OR EQUIVALENT MAKE AS


26 Electrical Switch Gear
APPROVED BY THE AUTHORITY

GRANDLAY ,GLOSTER ,HAVELLS OR


27 Cables EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

DIAMOND ,ADLEC ,TRICOLITE OR


Main Control panel (Power
28 EQUIVALENT MAKE AS APPROVED BY THE
coated)
AUTHORITY

SCHINDER ,RISHABH ,MECCO OR


29 Voltmeter & Ammeter EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

KIRLOSKAR ,LEADER ,FIVALCO OR


Y-Type / Pot / Suction
30 EQUIVALENT MAKE AS APPROVED BY THE
Strainer
AUTHORITY

KIRLOSKAR ,LEADER ,KARTAR OR


31 Foot valve with Strainer EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

Pressure Reducing Valves (For WILKINS ,OCV OR EQUIVALENT MAKE AS


32
Fire Fighting) APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Volume-II: Scope of Work Volume-II

S.N Material / Item Make

Pre-Fabricated Structural CHILLY ,EASYFLEX ,CAMRY OR EQUIVALENT


33
supports and clamps MAKE AS APPROVED BY THE AUTHORITY

FIEBIG ,H.GURU ,GIC OR EQUIVALENT MAKE


34 Pressure Gauge
AS APPROVED BY THE AUTHORITY

PYPKOTE ,POLYCHEM(TYCO ADHESIVE)


Pipe Coat Material (Pipe
35 ,CHILLER OR EQUIVALENT MAKE AS
Protection)
APPROVED BY THE AUTHORITY

HILTI ,FISHER OR EQUIVALENT MAKE AS


36 Dash fasteners
APPROVED BY THE AUTHORITY

ASIAN ,JENSON NICHOLSON ,BERGER OR


37 Paint / Primers EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

ADVANI ,ESSAB ,MANGALAM OR


38 Weld. Electrodes EQUIVALENT MAKE AS APPROVED BY THE
AUTHORITY

Anti-vibration Pads & suction EASYFLEX ,RESISTOFLEX OR EQUIVALENT


39
& delivery flexible connectors MAKE AS APPROVED BY THE AUTHORITY

LAKSHMI ,UNBRAKO , OR EQUIVALENT


40 Nuts/ Bolts
MAKE AS APPROVED BY THE AUTHORITY

BEC ,AKG OR EQUIVALENT MAKE AS


41 Conduit ERW
APPROVED BY THE AUTHORITY

Contactors & overload relays,


L & T ,SIEMENS ,GE POWER OR EQUIVALENT
42 fude links and indicating
MAKE AS APPROVED BY THE AUTHORITY
lamps

AE ,KAPPA ,C & S OR EQUIVALENT MAKE AS


43 CT/PT Transformer
APPROVED BY THE AUTHORITY

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Draft Contract Agreement

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Contents

1. Definitions & Interpretations............................................................................... 10

1.1. Definitions ................................................................................................................ 10


1.2. Interpretation........................................................................................................... 17
1.3. Measurements and Arithmetic Conventions ......................................................... 20
1.4. Priority of Agreements and Errors/ Discrepancies ............................................... 21

2. Scope of the Project............................................................................................. 22

2.1. Scope of the Project ................................................................................................ 22

3. Obligations of the Contractor .............................................................................. 23

3.1. Obligations of the Contractor ................................................................................. 23


3.2. Obligations relating to Sub-Contracts and any other Arrangements .................. 27
3.3. NOT USED .................................................................................................................. 27
3.4. Obligations relating to Contractor’s Personnel .................................................... 27
3.5. Obligations relating to Advertisement on Project ............................................... 28
3.6. Obligations relating to Contractor’s Care of Works ............................................. 28
3.7. Obligations relating to Electricity, Water and Other Services ............................ 28
3.8. Unforeseeable Difficulties ...................................................................................... 28

4. Obligations of the Authority ................................................................................ 29

4.1. Obligations of the Authority ................................................................................... 29


4.2. NOT USED .................................................................................................................. 30

5. Representation & Warranties .............................................................................. 30

5.1. Representations and Warranties of the Contractor ............................................. 30


5.2. Representations and warranties of the Authority................................................ 32
5.3. Disclosure ................................................................................................................. 33

6. Disclaimer ............................................................................................................. 33

6.1. Disclaimer ................................................................................................................. 33

7. Performance Security .......................................................................................... 34

7.1. Performance Security.............................................................................................. 34


7.2. NOT USED .................................................................................................................. 35
7.3. Appropriation of Performance Security ........................................................................ 35
RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
7.4. Failure to maintain the Performance Security ..................................................... 35
7.5. Release of Performance Security ........................................................................... 36
7.6. NOT USED .................................................................................................................. 36

8. The Project Site .................................................................................................... 36

8.1. The Project Site ....................................................................................................... 36


8.2. Joint Visit to the Project Site ................................................................................. 36
8.3. NOT USED .................................................................................................................. 37
8.4. Project Site to be free from Encumbrances ........................................................ 37
8.5. Protection of Site from Encroachment.................................................................. 37
8.6. Special/ Temporary Right of Way/Access .............................................................. 37
8.7. Access to the Authority and Authority’s authorised Representatives ............... 38
8.8. Geological and Archaeological Finds ..................................................................... 38

9. Utilities and Trees ................................................................................................ 38

9.1. Existing Utilities and Roads..................................................................................... 38


9.2. Shifting of obstructing utilities............................................................................... 38
9.3. New utilities ............................................................................................................. 39
9.4. Felling of trees ......................................................................................................... 39

10. Design and Construction of the Project ............................................................. 40

10.1. Obligations Prior to Commencement of Works..................................................... 40


10.2. Design & Drawings ................................................................................................... 42
10.3. Design & Construction of the Project .................................................................... 44
10.4. Extension of Time for Completion of Construction.............................................. 46
10.5. Incomplete Works .................................................................................................... 47

11. Quality Assurance, Monitoring and Supervision................................................ 48

11.1. Quality of Material and Workmanship ................................................................... 48


11.2. Quality Control System............................................................................................ 48
11.3. Methodology ............................................................................................................. 49
11.4. Inspection and Technical Audit by the Authority ................................................ 49
11.5. External Technical Audit ........................................................................................ 49
11.6. Inspection of Construction Records ....................................................................... 49
11.7. Monthly progress reports ........................................................................................ 49
11.8. Inspection ................................................................................................................. 49

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11.9. Samples ..................................................................................................................... 50
11.10. Tests................................................................................................................... 50
11.11. Examination of Work before Covering Up ..................................................... 51
11.12. Rejection ........................................................................................................... 51
11.13. Remedial work .................................................................................................. 52
11.14. Delays During Construction ............................................................................. 52
11.15. Quality Control Records and Documents ....................................................... 53
11.16. Video Recording................................................................................................ 53
11.17. Suspension of Unsafe Works ............................................................................ 53

12. Completion Certificate ......................................................................................... 54

12.1. Tests on Completion ................................................................................................ 54


12.2. Provisional Certificate ............................................................................................. 54
12.3. Completion of remaining Works ............................................................................. 55
12.4. Completion Certificate ............................................................................................ 55
12.5. Rescheduling of Tests .............................................................................................. 56

13. Change of Scope ................................................................................................... 56

13.1. Change of Scope....................................................................................................... 56


13.2. Procedure for Change of Scope .............................................................................. 57
13.3. Payment for Change of Scope ................................................................................ 58
13.4. Restrictions on Change of Scope ............................................................................ 58
13.5. Power of the Authority to Undertake Works ........................................................ 58

14. NOT USED ............................................................................................................. 59

15. Defects Liability Period........................................................................................ 59

15.1. Defects Liability Period ........................................................................................... 59


15.2. Remedy and Rectification of Defects and Deficiencies ....................................... 59
15.3. Cost of Remedying Defects ..................................................................................... 59
15.4. Contractor’s Failure to Rectify Defects ................................................................ 60
15.5. NOT USED .................................................................................................................. 60
15.6. Extension of Defects Liability Period .................................................................... 60

16. Authority’s PMC .................................................................................................... 61

16.1. Authority’s PMC ....................................................................................................... 61


16.2. Duties and authority of the Authority’s PMC ........................................................ 61

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16.3. Instructions of the Authority’s PMC ....................................................................... 61

17. Payments ............................................................................................................... 61

17.1. Contract Price .......................................................................................................... 61


17.2. Payment Milestone .................................................................................................. 62
17.3. Procedure for Estimating the Payment for the Works ......................................... 66
17.4. Stage Payment Statement ....................................................................................... 66
17.5. Stage Payment.......................................................................................................... 66
17.6. NOT USED .................................................................................................................. 67
17.7. NOT USED .................................................................................................................. 67
17.8. NOT USED .................................................................................................................. 67
17.9. NOT USED .................................................................................................................. 67
17.10. Final Payment Statement ................................................................................ 67
17.11. Discharge ........................................................................................................... 68
17.12. NOT USED .......................................................................................................... 68
17.13. Change in Law ................................................................................................... 68
17.14. NOT USED .......................................................................................................... 68
17.15. Authority’s Claim .............................................................................................. 69
17.16. NOT USED .......................................................................................................... 69

18. Insurance............................................................................................................... 69

18.1. Insurance for Works................................................................................................. 69


18.2. Notice to the Authority ........................................................................................... 70
18.3. Evidence of Insurance Cover .................................................................................. 71
18.4. Remedy for Failure to Insure ................................................................................. 71
18.5. Waiver of Subrogation ............................................................................................. 71
18.6. Contractor’s Waiver ................................................................................................ 71
18.7. Cross Liabilities ........................................................................................................ 72
18.8. Accident or Injury to Workmen .............................................................................. 72
18.9. Insurance Against Accident to Workmen............................................................... 72
18.10. Application of Insurance Proceeds ................................................................. 72
18.11. Compliance with Policy Conditions ................................................................ 73

19. Force Majeure ....................................................................................................... 73

19.1. Force Majeure .......................................................................................................... 73

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19.2. Non-Political Event .................................................................................................. 73
19.3. Indirect Political Event............................................................................................ 74
19.4. Political Event .......................................................................................................... 75
19.5. Duty to report Force Majeure Event ..................................................................... 75
19.6. Effect of Force Majeure Event on the Contract Agreement ............................... 76
19.7. Termination Notice for Force Majeure Event ....................................................... 77
19.8. Termination Payment for Force Majeure Event ................................................... 77
19.9. Dispute resolution ................................................................................................... 78
19.10. Excuse from Performance of Obligations....................................................... 78

20. Suspension of Contractor’s Rights ..................................................................... 79

20.1. Suspension upon Contractor Default ..................................................................... 79


20.2. Authority to Act on Behalf of Contractor .............................................................. 79
20.3. Revocation of Suspension ....................................................................................... 79
20.4. Termination .............................................................................................................. 80

21. Termination ........................................................................................................... 80

21.1. Termination for Contractor Default....................................................................... 80


21.2. Termination for Authority Default ......................................................................... 83
21.3. Termination for Authority’s Convenience ............................................................ 83
21.4. Requirements after Termination ........................................................................... 84
21.5. Valuation of Unpaid Works ..................................................................................... 84
21.6. Termination Payment .............................................................................................. 84
21.7. Other Rights and Obligations of the Parties.......................................................... 85
21.8. Survival of Rights ..................................................................................................... 86

22. Assignment and Charges ..................................................................................... 86

22.1. Restrictions on Assignment and Charges ............................................................... 86


22.2. Hypothecation of Materials or Plant ...................................................................... 86

23. Liability and Indemnity ........................................................................................ 87

23.1. General Indemnity ................................................................................................... 87


23.2. Indemnity by the Contractor .................................................................................. 87
23.3. Notice and Contest of Claims.................................................................................. 88
23.4. Defense of Claims .................................................................................................... 89
23.5. No Consequential Claims ......................................................................................... 90

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23.6. Survival on Termination .......................................................................................... 90

24. Dispute Resolution ............................................................................................... 90

24.1. Dispute Resolution ................................................................................................... 90


24.2. Conciliation .............................................................................................................. 91
24.3. Arbitration ................................................................................................................ 91
24.4. NOT USED .................................................................................................................. 92

25. Miscellaneous ....................................................................................................... 92

25.1. Governing law and jurisdiction .............................................................................. 92


25.2. Waiver of Immunity ................................................................................................. 92
25.3. NOT USED .................................................................................................................. 93
25.4. Waiver ....................................................................................................................... 93
25.5. Liability for Review of Documents and Design & Drawings ................................. 93
25.6. Exclusion of implied Warranties etc...................................................................... 93
25.7. Survival ..................................................................................................................... 94
25.8. Entire Contract Agreement..................................................................................... 94
25.9. Severability .............................................................................................................. 94
25.10. No Partnership .................................................................................................. 94
25.11. Third Parties ..................................................................................................... 95
25.12. Successors and Assigns..................................................................................... 95
25.13. Notices ............................................................................................................... 95
25.14. Language ........................................................................................................... 96
25.15. Counterparts ..................................................................................................... 96
25.16. Confidentiality .................................................................................................. 96
25.17. Copyright and Intellectual Property Rights ................................................... 97
25.18. Limitation of Liability ...................................................................................... 97

Schedule-A: Scope of Work ........................................................................................ 98

Schedule-B: Format of Performance Security .......................................................... 99

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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Draft Contract Agreement for Design & Construction of Multipurpose Indoor Stadium at
Maharana Pratap Khel Gaon, Udaipur on EPC Mode

This Contract Agreement is made on this the ---------------------------------------- day of -----------


------------------------------ 2017 at Jaipur, Rajasthan.

BETWEEN

1. Rajasthan State Sports Council (RSSC), the apex body to look after development of sports
activities in the State of Rajasthan having its head office at Sawai Man Singh Stadium,
Jaipur acting through its Secretary (hereinafter referred to as the “RSSC” or “ the
Authority” which expression shall, unless repugnant to the context or meaning thereof,
include its administrators, successors and assigns) of First Part;

AND

2. M/s ------------------------------- registered/ incorporated under ----------------------------------


-------, having its registered office -------------------------------------------------, and
represented herein through Mr./Ms. -----------------------------, the authorised signatory
(hereinafter referred to as the "Contractor", which expression shall, unless repugnant to
the context or meaning thereof, include its successors and permitted assigns) of the
Second Part.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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Each of the parties of the First and Second Parts are hereinafter, as the context may admit or
require, individually referred to as a “Party” and collectively as the “Parties”

WHEREAS:

A. Authority decided to undertake Design & Construction of Multipurpose Indoor Stadium at


Maharana Pratap Khel Gaon, Udaipur through Engineering, Procurement and Construction
(EPC) mode through an entity.

B. Authority had invited bids for selection of a Bidder through single stage two-part
competitive transparent bidding process for Design & Construction of Multipurpose
Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur through Engineering,
Procurement and Construction (EPC) mode (the “Project”). Accordingly, the Authority
issued Request for Proposal (RFP) document dated …………………, 2017 containing inter-
alia the minimum eligibility criteria, the technical and financial eligibility for selection
of a Bidder for award of the Project and the terms and conditions for implementation of
the project, and corrigendum issued thereafter on ………………, 2017.

C. After evaluation of Bids, the Authority accepted the bid of the Contractor and issued
Letter of Award (LoA) No.----------------------------------------- dated-----------------------------
---- (hereinafter called as the “LOA”) to the Contractor requiring, inter alia, the
execution of this Contract Agreement within 30 (thirty) days of the date of issue thereof.

D. Following the issue of the LOA, the Contractor having furnished Performance Security for
an amount of Rs. 2.50 Crores (Rupees Two Crores and Fifty Lakhs) in the form of
unconditional and irrevocable bank guarantee from --------------------------- (Name and
address of Scheduled Bank), in favour of Secretary, Rajasthan State Sports Council,
Jaipur; the Authority has agreed for implementation of the Project by the Contractor on
the terms, conditions and covenants hereinafter set forth in this Contract Agreement.

E. The Contractor acknowledges and confirms that it has undertaken a due diligence audit
of all aspects of the Project, legal due diligence, Project Site, its obligations to
undertake the Project etc., and on the basis of its independent satisfaction hereby
agrees to implement the Project in accordance with the terms & conditions of the
Contract Agreement.

NOW, THEREFORE, in consideration of the foregoing and the respective covenants and
Contract Agreements set forth in this Contract Agreement, the sufficiency and adequacy of
which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as
follows:

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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1. Definitions & Interpretations

1.1. Definitions

1.1.1. The words and expressions defined in this Contract Agreement shall, unless
repugnant to the context or meaning thereof, have the meaning ascribed thereto
herein, and the words and expressions defined in the schedules and used therein
shall have the meaning ascribed thereto in the schedules;

“Accounting Year” OR “Financial Year” means the financial year commencing


from the 1st (first) day of April of any calendar year and ending on the 31st (thirty-
first) day of March of the next calendar year

“Affected Party” shall have the meaning set forth in Clause 19.1;

“Contract Agreement” OR “Agreement” means this Contract Agreement, its


Recitals, the Schedules hereto and any amendments thereto made in accordance
with the provisions contained in this Contract Agreement;

“Applicable Laws” means all laws, brought into force and effect by Government
of India (GoI) and/or Government of Rajasthan (GoR) including rules, regulations
and notifications made thereunder, and judgements, decrees, injunctions, writs
and orders of any court of record, applicable to this Contract Agreement and the
exercise, performance and discharge of the respective rights and obligations of the
Parties hereunder, as may be in force and effect during the subsistence of this
Contract Agreement;

“Applicable Permits” means all clearances, licences, permits, authorisations, no


objection certificates, consents, approvals and exemptions required to be obtained
or maintained under Applicable Laws in connection with implementation of the
Project during the subsistence of this Contract Agreement;

“Appointed Date” means that date which is later of:

a) the 15th (fifteenth) day of this Contract Agreement;

b) the date on which the Authority has provided the Contractor access to the
Project Site for implementation of the Project in conformity with the
provisions of Clause 8.2; and

“Arbitration Act” means the Arbitration and Conciliation Act, 1996 and shall
include modifications to or any re-enactment thereof, as in force from time to
time;
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“Authority” shall have the meaning attributed thereto in the array of Parties
hereinabove as set forth in the Recitals;

“Authority Default” shall have the meaning set forth in Clause 21.2.1;

“Authority’s PMC” or “Authority’s Project Management Consultant” shall have


the meaning set forth in Clause 16.1.1;

“Authority Representative” means such person or persons as may be authorised


in writing by the Authority to act on its behalf under this Contract Agreement and
shall include any person or persons having authority to exercise any rights or
perform and fulfil any obligations of the Authority under this Contract Agreement;

“Bank” Bank shall mean a Scheduled Bank within Reserve Bank of India Act, 1934;

“Bank Guarantee” means an irrevocable and unconditional bank guarantee


payable on demand issued by a Bank in favour of Secretary, Rajasthan State Sports
Council, Jaipur and furnished by the Selected Bidder/Contractor to the Authority
for guaranteeing the due performance of the obligations of the Contractor under
this Contract Agreement;

“Bid” means the documents in their entirety comprised in the Bid (Technical Bid
and Financial Bid) submitted by the Contractor in response to the RFP document
issued by the Authority in accordance with the provisions thereof;

“Bid Security” means a Demand Draft/ Bank Guarantee issued by a Bank in favour
of Secretary, Rajasthan State Sports Council, Jaipur for an amount of Rs. 50 Lakhs
(Rupees Fifty Lakhs) provided by the Selected Bidder along with its Bid;

“Change in Law” means the occurrence of any of the following during the
subsistence of Contract Agreement:

a) the enactment of any new Indian law;

b) the repeal, modification or re-enactment of any existing Indian law;

c) the commencement of any Indian law which has not entered into effect until
the date of execution of this Contract Agreement;

d) a change in the interpretation or application of any Indian law by a


judgement of a court of record which has become final, conclusive and
binding, as compared to such interpretation or application by a court of
record prior to the date of execution of this Contract Agreement; or

e) any change in the rates of any of the Taxes or royalties that have direct
effect

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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For avoidance of doubt, it is clarified that the changes in the taxes regime/
structure during the subsistence of Contract Agreement including the upcoming
Good and Services Tax (GST) Act shall not be considered as an event of Change in
Law.

“Change of Scope” shall have the meaning set forth in Article 13;

“Change of Scope Notice” shall have the meaning set forth in Clause 13.2.1;

“Change of Scope Order” shall have the meaning set forth in Clause 13.2.4;

“Completion Certificate” shall have the meaning set forth in Clause 12.4.1;

“Construction” shall have the meaning set forth in Clause 1.2.1 (f);

“Construction Completion Date” means the date on which the Completion


Certificate is issued by the Authority to the Contractor which is not later than 18
(eighteen) months from the Appointed Date;

“Construction Completion Schedule” means the progressive Works/ Project


Milestone as set forth in Article 10.3;

“Contract Price” means the amount specified in Clause 17.1.1;

“Contractor” shall have the meaning attributed thereto in the array of Parties
hereinabove as set forth in the Recitals;

“Contractor Default” shall have the meaning set forth in Clause 21.1.1;

“Cure Period” means the period specified in this Contract Agreement for curing
any breach or default of any provision of this Contract Agreement by the Party
responsible for such breach or default and shall:

a) commence from the date on which a notice is delivered by one Party to the
other Party asking the latter to cure the breach or default specified in such
notice;

b) not relieve any Party from liability to pay Damages or compensation under
the provisions of this Contract Agreement; and

c) not in any way be extended by any period of Suspension under this Contract
Agreement; provided that if the cure of any breach by the Contractor
requires any reasonable action by the Contractor that must be approved by
the Authority hereunder, the applicable Cure Period shall be extended by
the period taken by the Authority to accord their approval;

“Damages” shall have the meaning set forth in paragraph (w) of Clause 1.2.1;

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“Defects” means any defect or deficiency in Construction of the Works or any part
thereof, which does not conform to the Specifications and Standards;

“Defects Liability Period” shall have the meaning set forth in Clause 15.1.1;

“Design & Construction Period” means the period commencing from the
Appointed Date and ending on the date of the Completion Certificate which is not
later than 18 (eighteen months) from the Appointed Date, unless extended by the
Authority;

“Design Director” shall have the meaning set forth in Clause 10.1.1 (b);

“Dispute” shall have the meaning set forth in Clause 24.1.1;

“Dispute Resolution Procedure” means the procedure for resolution of Disputes


set forth in Article 24;

“Design & Drawings” means all the designs & drawings including detailed working
drawings, Good for Construction (GFC) design and drawings, engineering designs,
structural design, drawings showing external roads, pathway approach road to be
constructed, architectural plan of each floor including terrace, working drawings
of each floor, terrace floor showing the locations and sizes of tanks, rain water
outlets & any other utility, x-section comprising complete detail of heights of
various building components including stair cases, sunken slabs, toilets, kitchens,
counters, doors & windows, Drawing of flooring patterns, door window schedules,
drawings of door window grills and stair case railings, schedule of finishes, toilet
drawings, schematic diagram route plan of water supply pipe lines for toilets &
kitchens, detailed drawing of tanks i.e. roof top water storage tanks, underground
tanks, fire, expansion joints detail, drawings of parking area, kitchen drawings,
details of stair case, external elevations, Internal sanitary & Plumbing Plans with
elevation of each wall with complete detail, schematic diagram of external
drainage of rain water and sanitary pipes and their route plan, schematic diagrams
of external water supply pipe lines and route plan, electrical drawings, external
lighting plan & drawings, electrical cable network plan, electrical Substation
Drawings, electrical panel & DBs & SDBs drawings, schematic line diagram of
electrical circuit wiring and conduiting, schematic drawings of security and
surveillance cameras system, structural drawings of all building components,
structural design calculation, electrical design calculation, calculation for
plumbing, water supply, drainage and rain water disposal, any other drawings,
details, design or calculation that may be required by the Authority for
implementation of the Project;

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“Document” or “Documentation” means documentation in printed or written
form, or in tapes, discs, Drawings, computer programmes, writings, reports,
photographs, films, cassettes, or expressed in any other written, electronic, audio
or visual form;

“Emergency” means a condition or situation that is likely to endanger the safety


or security of the individuals on or about the Project, including Users thereof, or
which poses an immediate threat of material damage to any of the Project Assets;

“Encumbrances” means, in relation to the Project, any encumbrances such as


mortgage, charge, pledge, lien, hypothecation, security interest, assignment,
privilege or priority of any kind having the effect of security or other such
obligations, and shall include any designation of loss payees or beneficiaries or any
similar arrangement under any insurance policy pertaining to the Project, where
applicable herein but excluding utilities referred to in Clause 9.1;

“EPC” means engineering, procurement and construction;

“Final Payment Statement” shall have the meaning set forth in Clause 17.10.1;

“Force Majeure” or “Force Majeure Event” shall have the meaning ascribed to it
in Clause 19.1;

“GoI” means the Government of India, its respective departments or any other
authorities, agencies and instrumentalities functioning under the direction or
control of the Government of India;

“GoR” means the Government of Rajasthan, its respective departments or any


other authorities, agencies and instrumentalities functioning under the direction or
control of the Government of Rajasthan;

“Good Industry Practice” means the practices, methods, techniques, designs,


standards, skills, diligence, efficiency, reliability and prudence which are generally
and reasonably expected from a reasonably skilled and experienced contractor
engaged in the same type of undertaking as envisaged under this Contract
Agreement and which would be expected to result in the performance of its
obligations by the Contractor in accordance with this Contract Agreement,
Applicable Laws and Applicable Permits in reliable, safe, economical and efficient
manner;

“Government Instrumentality” means any department, division or subdivision of


the Central Government or the State Government and includes any commission,
board, authority, agency or municipal and other local authority or statutory body
including panchayat under the control of the Central Government or the State
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Government, as the case may be, and having jurisdiction over all or any part of the
Project or the performance of all or any of the services or obligations of the
Contractor under or pursuant to this Contract Agreement;

“Indemnified Party” means the Party entitled to the benefit of an indemnity


pursuant to Article 23;

“Indemnifying Party” means the Party obligated to indemnify the other Party
pursuant to Article 23;

“Indirect Political Event” shall have the meaning set forth in Clause 19.3;

“Insurance Cover” means the aggregate of the maximum sums insured under the
insurances taken out by the Contractor pursuant to Article 18, and includes all
insurances required to be taken out by the Contractor under Clauses 18.1 and 18.9
but not actually taken, and when used in the context of any act or event, it shall
mean the aggregate of the maximum sums insured and payable or deemed to be
insured and payable in relation to such act or event;

“Intellectual Property” means all patents, trademarks, service marks, logos, get-
up, trade names, internet domain names, rights in designs, blue prints,
programmes and manuals, drawings, copyright (including rights in computer
software), database rights, semi-conductor, topography rights, utility models,
rights in know-how and other intellectual property rights, in each case whether
registered or unregistered and including applications for registration, and all rights
or forms of protection having equivalent or similar effect anywhere in the world;

“LoA” or “Letter of Acceptance” means the letter of acceptance referred to in


Recitals;

“Material Adverse Effect” means a material adverse effect of any act or event on
the ability of either Party to perform any of its obligations under and in
accordance with the provisions of this Contract Agreement and which act or event
causes a material financial burden or loss to either Party;

“Materials” are all the supplies used by the Contractor for incorporation in the
Works of the Project;

“Non-Political Event” shall have the meaning set forth in Clause 19.2;

“Parties” means the parties to this Contract Agreement collectively and “Party”
shall mean any of the parties to this Contract Agreement individually;

“Performance Security” shall have the meaning set forth in Clause 7.1.1;

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“Plant” means the apparatus and machinery intended to form or forming part of
the Works of the Project;

“Political Event” shall have the meaning set forth in Clause 19.4;

“Project” means the Design & Construction of Multipurpose Indoor Stadium on


Engineering, Procurement & Construction (EPC) basis at the Project Site situated
within the Maharana Pratap Khel Gaon in Udaipur, provided with fixed seating as
well as space for installation of retractable/mobile seating and other
infrastructure as stated in this Contract Agreement;

“Project Assets” means all the components of Project to be constructed by the


Contractor at the Project Site in accordance with the provisions of this Contract
Agreement;

“Proof Consultant” shall have the meaning set forth in Clause 10.2.2;

“Provisional Certificate” shall have the meaning set forth in Clause 12.2.1;

“Punch List” shall have the meaning set forth in Clause 12.2.1;

“Quality Assurance Plan” or “QAP” shall have the meaning set forth in Clause
11.2.1;

“Re.”, “Rs.” or “Rupees” or “Indian Rupees” or “INR” means the lawful


currency of the Republic of India;

“Safety Consultant” shall have the meaning set forth in Clause 10.1.5;

“Scheduled Construction Completion Date” shall be the date set forth in Clause
10.3.1;

“Scope of the Project” shall have the meaning set forth in Clause 2.1;

“Section” means a part of the Project;

“Site or Project Site” shall have the meaning set forth in Clause 8.1;

“Specifications and Standards” means the specifications and standards relating to


the quality, quantity, material specifications, applicable building codes, capacity
and other requirements for the Project, as set forth in Schedule-A, and any
modifications thereof, or additions thereto, as included in the design and
engineering for the Project submitted by the Contractor to, and expressly
approved by, the Authority;

"Stage Payment Statement" shall have the meaning set forth in Clause 17.4;

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“Sub-contractor” means any person or persons to whom a part of the Construction
Works has been subcontracted by the Contractor and the permitted legal
successors in title to such person, but not an assignee to such person;

“Suspension” shall have the meaning set forth in Article 20.1;

“Taxes” means any Indian taxes including excise duties, customs duties, value
added tax, sales tax, local taxes, cess and any impost or surcharge of like nature
(whether Central, State or local) on the goods, Materials, equipment and services
incorporated in and forming part of the Project charged, levied or imposed by any
Government Instrumentality, but excluding any interest, penalties and other sums
in relation thereto imposed on any account whatsoever;

“Termination” means the expiry or termination of this Contract Agreement;

“Termination Notice” means the communication issued in accordance with this


Contract Agreement by one Party to the other Party terminating this Contract
Agreement;

“Termination Payment” means the amount payable by either Party to the other
upon Termination in accordance with Article 21;

“Tests” means the tests including but not limited to field test, laboratory tests etc
to be conducted prior to, during and after execution of Construction, Material,
workmanship and any other component in accordance with relevant BIS codes to
ensure conformity of Works with the Specifications and Standards and Rajasthan
PWD Specification for Building Works, 2014.

“Time Extension” shall have the meaning set forth in Clause 10.4.1;

“User” means a person intends to use Project or any part thereof as per the
provisions of this Contract Agreement;

“Valuation of Unpaid works” shall have the meaning set forth in Clause 21.5.1;

“Works or Construction Works” means all works including survey and


investigation, design, engineering, procurement, construction, Plant, Materials,
temporary works and other things necessary to complete the Project in accordance
with this Contract Agreement.

1.2. Interpretation

1.2.1. In this Contract Agreement, unless the context otherwise requires:

a) references to any legislation or any provision thereof shall include amendment


or re-enactment or consolidation of such legislation or any provision thereof so

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far as such amendment or re-enactment or consolidation applies or is capable
of applying to any transaction entered into hereunder;

b) references to laws of India or Indian law or regulation having the force of law
shall include the laws, acts, ordinances, rules, regulations, bye laws or
notifications which have the force of law in the territory of India and as from
time to time may be amended, modified, supplemented, extended or re-
enacted;

c) references to a “person” and words denoting a natural person shall be


construed as a reference to any individual, firm, company, corporation,
society, trust, government, state or agency of a state or any association or
partnership (whether or not having separate legal personality) of two or more
of the above and shall include successors and assigns;

d) the table of contents, headings or sub-headings in this Agreement are for


convenience of reference only and shall not be used in, and shall not affect,
the construction or interpretation of this Agreement;

e) the words “include” and “including” are to be construed without limitation


and shall be deemed to be followed by “without limitation” or “but not limited
to” whether or not they are followed by such phrases;

f) references to “construction” or “building” include, unless the context


otherwise requires, survey and investigation, design, developing, engineering,
procurement, deployment of plant, materials, equipment, labour, delivery,
transportation, installation, processing, fabrication, testing, and commissioning
of the Project and other activities incidental to the construction and
“construct” or “build” shall be construed accordingly;

g) NOT USED

h) any reference to any period of time shall mean a reference to that according to
Indian standard time;

i) any reference to day shall mean a reference to a calendar day;

j) (j) reference to a “business day” shall be construed as reference to a day


(other than a Sunday) on which banks in the State are generally open for
business;

k) any reference to month shall mean a reference to a calendar month as per the
Gregorian calendar;

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l) references to any date or period shall mean and include such date or period as
may be extended pursuant to this Agreement;

m) any reference to any period commencing “from” a specified day or date and
“till” or “until” a specified day or date shall include both such days or dates;
provided that if the last day of any period computed under this Agreement is
not a business day, then the period shall run until the end of the next business
day;

n) the words importing singular shall include plural and vice versa;

o) references to any gender shall include the other and the neutral gender;

p) “lakh” means a hundred thousand (100,000) and “crore” means ten million
(10,000,000);

q) “indebtedness” shall be construed so as to include any obligation (whether


incurred as principal or surety) for the payment or repayment of money,
whether present or future, actual or contingent;

r) references to the “winding-up”, “dissolution”, “insolvency”, or


“reorganisation” of a company or corporation shall be construed so as to
include any equivalent or analogous proceedings under the law of the
jurisdiction in which such company or corporation is incorporated or any
jurisdiction in which such company or corporation carries on business including
the seeking of liquidation, winding-up, reorganisation, dissolution,
arrangement, protection or relief of debtors;

s) save and except as otherwise provided in this Agreement, any reference, at any
time, to any agreement, deed, instrument, license or document of any
description shall be construed as reference to that agreement, deed,
instrument, license or other document as amended, varied, supplemented,
modified or suspended at the time of such reference; provided that this Sub-
clause (s) shall not operate so as to increase liabilities or obligations of the
Authority hereunder or pursuant hereto in any manner whatsoever;

t) any agreement, consent, approval, authorisation, notice, communication,


information or report required under or pursuant to this Agreement from or by
any Party or the Authority shall be valid and effective only if it is in writing
under the hand of a duly authorised representative of such Party or the
Authority, as the case may be, in this behalf and not otherwise;

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u) the Schedules and Recitals to this Agreement form an integral part of this
Agreement and will be in full force and effect as though they were expressly
set out in the body of this Agreement;

v) references to Recitals, Articles, Clauses, Sub-clauses, Provisos or Schedules in


this Agreement shall, except where the context otherwise requires, mean
references to Recitals, Articles, Clauses, Sub-clauses, Provisos and Schedules of
or to this Agreement; reference to an Annex shall, subject to anything to the
contrary specified therein, be construed as a reference to an Annex to the
Schedule in which such reference occurs; and reference to a Paragraph shall,
subject to anything to the contrary specified therein, be construed as a
reference to a Paragraph of the Schedule or Annex, as the case may be, in
which such reference appear;

w) the damages payable by either Party to the other , as set forth in this
Agreement, whether on per diem basis or otherwise, are mutually agreed
genuine pre-estimated loss and damage likely to be suffered and incurred by
the Party entitled to receive the same and are not by way of penalty (the
“Damages”); and

x) time shall be of the essence in the performance of the Parties’ respective


obligations. If any time period specified herein is extended for the reasons
specified in the Agreement, such extended time shall also be of the essence.

1.2.2. Unless expressly provided otherwise in this Agreement, any documentation


required to be provided or furnished by the Contractor to the Authority shall be
provided free of cost and in three copies, and if the Authority is required to return
any such documentation with its comments and/or approval, it shall be entitled to
retain two copies thereof.

1.2.3. The rule of construction, if any, that a contract should be interpreted against the
parties responsible for the drafting and preparation thereof, shall not apply.

1.2.4. Any word or expression used in this Agreement shall, unless otherwise defined or
construed in this Agreement, bear its ordinary English meaning and, for these
purposes, the General Clauses Act, 1897 shall not apply.

1.3. Measurements and Arithmetic Conventions

1.3.1. All measurements and calculations shall be in metric system and calculations done
to 2 (two) decimal places, with the third digit of 5 (five) or above being rounded
up and below 5 (five) being rounded down except in money calculation which shall
be rounded off to nearest rupee.

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1.4. Priority of Agreements and Errors/ Discrepancies

1.4.1. This Contract Agreement, and all other agreements and documents forming part of
or referred to in this Agreement are to be taken as mutually explanatory and,
unless otherwise expressly provided elsewhere in this Agreement, the priority of
this Agreement and other documents and agreements forming part hereof or
referred to herein shall, in the event of any conflict between them, be in the
following order:

a) this Contract Agreement; and

b) all other agreements and documents forming part hereof or referred to


herein

i.e. this Agreement at (a) above shall prevail over the agreements and documents
at (b).

1.4.2. Subject to the provisions of Clause 1.4.1, in case of ambiguities or discrepancies


within this Agreement, the following shall apply:

a) between two or more Clauses of this Agreement, the provisions of a specific


Clause relevant to the issue under consideration shall prevail over those in
other Clauses;

b) between the Clauses of this Agreement and the Schedules, the Clauses shall
prevail and between Schedules and Annexes, the Schedules shall prevail;

c) between any two Schedules, the Schedule relevant to the issue shall prevail;

d) between the written description on the Design & Drawings and the
Specifications and Standards, the latter shall prevail;

e) between the dimension scaled from the Drawing and its specific written
dimension, the latter shall prevail; and

f) between any value written in numerals and that in words, the latter shall
prevail.

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2. Scope of the Project

2.1. Scope of the Project

2.1.1. Under this Contract Agreement, the scope of the Project (the “Scope of the
Project”) shall mean and include:

a) Design and Construction of the Project at the Project Site in conformity with
the Specifications and Standards, Project Requirements, provisions, terms &
conditions as set forth in Schedule-A and in this Contract Agreement within a
period of 18 (eighteen) months beginning from the Appointed Date.

b) Performance and fulfillment of all other conditions of the Contractor in


accordance with the provisions of this Contract Agreement and matters
incidental thereto or necessary for the above performance of any or all the
obligations of the Contractor under this Contract Agreement

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3. Obligations of the Contractor

3.1. Obligations of the Contractor

3.1.1. Subject to and on the terms and conditions of this Contract Agreement, the
Contractor shall undertake the survey, investigations, design, engineering,
procurement, and construction of the Project and observe, fulfill, comply with and
perform all its obligations set out in this Contract Agreement or arising hereunder.

3.1.2. The Contractor shall comply with all Applicable Laws and Applicable Permits
(including renewals as required) in the performance of its obligations under this
Contract Agreement.

3.1.3. Save and except as otherwise provided in this Contract Agreement or Applicable
Laws, as the case may be, the Contractor, shall in the discharge of all its
obligations under this Contract Agreement, conform with and adhere to Good
Industry Practice at all times.

3.1.4. The Contractor shall remedy any and all loss or damage to the Project, occurring
on or after the Appointed Date until the date of Provisional Certificate, with
respect to the Works completed prior to the issuance of the Provisional Certificate
and/or Completion Certificate, with respect to the Works referred to in Punch List,
at its own cost, save and except to the extent that any such loss or damage shall
have arisen from any default of the Authority or on account of a Force Majeure
Event in which case the provision of Clause 19 shall apply.

3.1.5. The Contractor shall remedy any and all loss or damage to the Project during the
Defects Liability Period at the Contractor’s cost to the extent that such loss or
damage shall have arisen out of the reasons specified in Clause 15.3.

3.1.6. The Contractor shall, at its own cost and expense, in addition to and not in
derogation of its obligations elsewhere set out in this Contract Agreement:

a) make, or cause to be made, necessary applications to the relevant


Government Instrumentalities with such particulars and details as may be
required for obtaining Applicable Permits and obtain and keep in force and
effect such Applicable Permits in conformity with the Applicable Laws;

b) procure, as required, the appropriate proprietary rights, licences, and


permissions for Materials, methods, processes and systems used or
incorporated into the Project;

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c) make reasonable efforts to maintain harmony and good industrial relations
among the personnel employed by it or its Sub-contractors in connection
with the performance of its obligations under this Contract Agreement;

d) ensure and procure that its Sub-contractors comply with all Applicable
Permits and Applicable Laws in the performance by them of any of the
Contractor’s obligations under this Contract Agreement;

e) always act in manner consistent with the provisions of this Contract


Agreement and not cause or fail to do any act, deed or thing, whether
intentionally or otherwise, which may in any manner be violative of any of
the provisions of this Contract Agreement;

f) support, cooperate with and facilitate the Authority in the implementation


of the Project in accordance with provisions of this Contract Agreement;

g) ensure that the Contractor and its Sub-contractors comply with the safety
and welfare measures for labour in accordance with the Applicable Laws
and Good Industry Practice;

h) keep, on the Project Site, a copy of this Contract Agreement, publications


named in this Contract Agreement, the Design & Drawings, Documents
relating to the Project, and Change of Scope, if any, orders and other
communications given under this Contract Agreement, and provide access
to all these document at all reasonable times to the Authority and its
authorised personnel;

i) cooperate with other contractors employed by the Authority and personnel


of any public authority; and

3.1.7. The Contractor shall undertake all necessary superintendence to plan, arrange,
direct, manage, inspect and test the Works.

3.1.8. The Contractor shall make its own arrangements for the engagement of all staff
and labour as required for implementation of the Project in accordance with the
provisions of the Contract Agreement, and for their payment, housing, feeding and
transport.

3.1.9. The Contractor shall, if required by the Authority, deliver to the Authority a return
in detail, in such form and at such intervals as the Authority may prescribe,
showing the staff and the numbers of the several classes of labour from time to
time employed by the Contractor on the Project Site and such other information as
the Authority may require.

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3.1.10. The Contractor shall make its own arrangement at its own cost for labour hutments
and materials storages, as per space available at the Project Site.

3.1.11. During continuance of the Contract Agreement, the Contractor and his Sub-
contractors shall abide at all times by all existing labour enactments and rules
made there under, regulations, notifications and bye laws of the State or Central
Government or local authority and any other labour law (including rules),
regulations, bye laws that may be passed or notification that may be issued under
any labour law in future either by the State or the Central Government or the local
authority. Some of the major labour laws that are applicable to construction
industry are given below.

a) Workmen Compensation Act 1923

b) Payment of Gratuity Act 1972

c) Employees P.F. and Miscellaneous Provision Act 1952

d) Maternity Benefit Act 1951

e) Contract Labour (Regulation & Abolition) Act 1970

f) Minimum Wages Act 1948

g) Payment of Wages Act 1936

h) Equal Remuneration Act 1979

i) Payment of Bonus Act 1965

j) Industrial Disputes Act 1947

k) Industrial Employment (Standing Orders) Act 1946

l) Trade Unions Act 1926

m) Child Labour (Prohibition & Regulation) Act 1986

n) Inter-State Migrant workmen's (Regulation of Employment & Conditions


of Service) Act 1979

o) The Building and Other Construction workers (Regulation of Employment


and Conditions of Service) Act 1996 and the Cess Act of 1996

p) Factories Act 1948

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3.1.12. The Contractor shall keep the Contractor indemnified in case any action is taken
against the Contractor by the competent authority on account of contravention of
any of the provisions of any Act or rules made there under, regulations or
notifications including amendments. If the Contractor is caused to pay or
reimburse, such amounts as may be necessary to cause or observe, or for no
observance of the provisions stipulated in the notifications bye laws/
Acts/Rules/regulations including amendments, if any, on the part of the
Contractor, the Authority shall have the right to deduct any money due to the
Contractor including his amount of Performance Security.

3.1.13. The Authority shall also have right to recover from the Contractor any sum
required or estimated to be required for making good the loss or damage suffered
by the Authority.

3.1.14. Staff, labours, workers of the Contractor and the Sub-Contractor in no case shall
be treated as the employees of the Authority at any point of time.

3.1.15. The contractor shall maintain the following, at its own cost, (not payable extra &
incidental to work) for implementation of the Project at the Project Site in
accordance with the provisions of the Contract Agreement:

a) Godown/ storage for safe storage of Materials e.g. cement godown, steel
stacking yard etc.

b) A well ventilated temporary site office with a minimum constructed area of


250 sqft. having following infrastructure and facilities:

- Proper electric connection and illumination

- Toilet, and drinking water arrangements

- Office furniture viz. with two office table [minimum size 4’ x 2’], eight
office chairs, two almirah [minimum size 4’ x 2’ x 4’] with locking
arrangement with ceiling fans/ pedestal fans along with air coolers/air
conditioners for hot sessions

- Desktop computers (minimum 2), printer (minimum 1), broadband


internet connection

- One display chart for display of drawings and work programme etc.

3.1.16. Sitting arrangement for Authority’s PMC staff in the site office

3.1.17. Two water storage tank of sufficient capacity for curing of C.C. and mortar cubes/
sample with necessary arrangement to replace water in these tanks as and when
required.
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3.1.18. A field testing laboratory of appropriate size equipped with required equipments
such electrically operated cube crushing, testing machines, weighing, scale,
graduated cylinder, standard sieves, thermometer, slump cones etc. as may be
required to conduct all relevant Tests as prescribed in Rajasthan PWD
Specifications, BIS Codes, and as specified by the Authority.

3.2. Obligations relating to Sub-Contracts and any other Arrangements

3.2.1. The Contractor shall not sub-contract any Works in more than 70% (seventy
percent) of the Contract Price and shall carry out Works for at least 30% (thirty
percent) of the total Contract Price directly under its own supervision and through
its own personnel. The Parties expressly agree that for the purposes of computing
the value of sub-contracts under this Clause 3.2.1, the Contract Price shall exclude
any sub-contract for the procurement of goods and equipment such as cement,
steel and equipment etc.

3.2.2. In the event any sub-contract for Works, or the aggregate of such subcontracts
with any Sub-contractor, exceeds 5% (five percent) of the Contract Price, the
Contractor shall communicate the name and particulars, including the relevant
experience of the Sub-contractor, to the Authority prior to entering into any such
sub-contract. The Authority shall examine the particulars of the Sub-contractor
from the national security and public interest perspective and may require the
Contractor, no later than 15 (fifteen) business days from the date of receiving the
communication from the Contractor, not to proceed with the sub-contract, and
the Contractor shall comply therewith.

3.2.3. NOT USED

3.2.4. It is expressly agreed that the Contractor shall, at all times, be responsible and
liable for all its obligations under this Contract Agreement notwithstanding
anything contained in the agreements/ contracts with its Sub-contractors or any
other agreement/contract that may be entered into by the Contractor, and no
default under any such agreement/contract shall excuse the Contractor from its
obligations or liability hereunder.

3.3. NOT USED

3.4. Obligations relating to Contractor’s Personnel

3.4.1. The Contractor shall ensure that the personnel engaged by it or by its Sub-
contractors in the performance of its obligations under this Contract Agreement
are at all times appropriately qualified, skilled and experienced in their respective
functions in conformity with Good Industry Practice.

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3.4.2. The Authority may, for reasons to be specified in writing, direct the Contractor to
remove/ replace any member of the Contractor’s or Sub-contractor’s personnel
from the Project. Provided that any such direction issued by the Authority shall
specify the reasons for the removal/ replacement of such person.

3.4.3. The Contractor shall, on receiving such a direction from the Authority under the
provisions of Clause 3.4.2, ensure and procure the removal of such person or
persons from the Project with immediate effect. The Contractor shall further
ensure that such persons have no further connection with the Project.

3.5. Obligations relating to Advertisement on Project

The Contractor shall not use the Project or any part thereof in any manner for
branding or advertising purposes including for advertising any commercial product
or service or companies.

3.6. Obligations relating to Contractor’s Care of Works

The Contractor shall bear full risk in and take full responsibility for the care of the
Works, and of Materials, goods and equipment for incorporation therein, on and
from the Appointed Date until the date of Provisional Certificate, with respect to
the Works completed prior to the issuance of the Provisional Certificate, and/or
Completion Certificate, with respect to the Works referred to in the Punch List,
save and except to the extent that any such loss or damage shall have arisen from
any default or neglect of the Authority.

3.7. Obligations relating to Electricity, Water and Other Services

The Contractor shall be responsible for procuring and maintaining at its own cost
all utilities (electricity, water, other services, etc.) as may be required for
implementation of the Project.

3.8. Unforeseeable Difficulties

Except as otherwise specified in the Contract Agreement:

a) the Contractor accepts complete responsibility for having foreseen all


difficulties and cost implications of successfully completing the Works;

b) the Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs; and

c) the Scheduled Construction Completion Date shall not be adjusted to take


account of any unforeseen difficulties or costs.

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For the purpose of this Clause, unforeseeable difficulties include physical
conditions like man-made or natural physical conditions including sub-surface and
hydrological conditions which the Contractor encounters at the Project Site
during execution of the Works.

4. Obligations of the Authority

4.1. Obligations of the Authority

4.1.1. The Authority shall, at its own cost and expense, undertake, comply with and
perform all its obligations set out in this Contract Agreement or arising hereunder.

4.1.2. NOT USED

4.1.3. The Authority shall:

a) Provide to the Contractor the access of Project Site free from


encroachment and Encumbrances within a period of 15 (fifteen) days from
the date of execution of this Contract Agreement

b) approve DPR and Design & Drawings submitted by the Contractor in


accordance with provisions of Article 10

c) upon request from the Contractor, shall grant, procure or cause to be


granted approvals/permits which are necessary for implementation of the
Project at the appropriate stages of the Project and which are in its
authority to grant or cause to be granted subject to the Contractor having
made the requisite applications and is in compliance with the necessary
conditions for such approvals and complying with the eligibility criteria for
the grant of such approvals;

d) release payment to the Contractor as per the payment terms as specified in


this Contract Agreement;

4.1.4. NOT USED

4.1.5. NOT USED

4.1.6. The Authority agrees to provide support to the Contractor and undertakes to
observe, comply with and perform, subject to and in accordance with the
provisions of this Contract Agreement and the Applicable Laws, the following:

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a) upon written request from the Contractor, and subject to the Contractor
complying with Applicable Laws, facilitate the Contractor in procuring
Applicable Permits required from any Government Instrumentality for
implementation of the Project;

b) upon written request from the Contractor, facilitate the Contractor in


obtaining access to all necessary infrastructure facilities and utilities,
including water and electricity at rates and on terms no less favourable than
those generally available to commercial customers receiving substantially
equivalent services;

c) ensure that no barriers that would cause a Material Adverse Effect on Works
are erected or placed on or about the Project by any Government
Instrumentality or persons claiming through or under it, except for reasons of
Emergency, national security, law and order;

d) not do or omit to do any act, deed or thing which may in any manner be
violative of any of the provisions of this Contract Agreement;

e) support, cooperate with and facilitate the Contractor in the implementation


of the Project in accordance with the provisions of this Contract Agreement;
and

4.2. NOT USED

5. Representation & Warranties

5.1. Representations and Warranties of the Contractor

The Contractor represents and warrants to the Authority that:

a) it is duly organised and validly exists under the laws of India, and has full
power and authority to execute and perform its obligations under this
Contract Agreement and to carry out the transactions contemplated
hereby;

b) it has taken all necessary corporate and/or other actions under Applicable
Laws to authorise the execution and delivery of this Contract Agreement
and to validly exercise its rights and perform its obligations under this
Contract Agreement;

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c) this Contract Agreement constitutes its legal, valid and binding obligation,
enforceable against it in accordance with the terms hereof, and its
obligations under this Contract Agreement will be legally valid, binding and
enforceable obligations against it in accordance with the terms hereof;

d) it is subject to the laws of India, and hereby expressly and irrevocably


waives any immunity in any jurisdiction in respect of this Contract
Agreement or matters arising thereunder including any obligation, liability
or responsibility hereunder;

e) the information furnished in the Bid and as updated on or before the date
of this Contract Agreement is true and accurate in all respects as on the
date of this Contract Agreement;

f) the execution, delivery and performance of this Contract Agreement will


not conflict with, result in the breach of, constitute a default under, or
accelerate performance required by any of the terms of its memorandum
and articles of association or any Applicable Laws or any covenant,
contract, Contract Agreement, arrangement, understanding, decree or
order to which it is a party or by which it or any of its properties or assets
is bound or affected;

g) there are no actions, suits, proceedings, or investigations pending or, to its


knowledge, threatened against it at law or in equity before any court or
before any other judicial, quasi-judicial or other authority, the outcome of
which may result in the breach of this Contract Agreement or which
individually or in the aggregate may result in any material impairment of
its ability to perform any of its obligations under this Contract Agreement;

h) it has no knowledge of any violation or default with respect to any order,


writ, injunction or decree of any court or any legally binding order of any
Government Instrumentality which may result in any material adverse
effect on its ability to perform its obligations under this Contract
Agreement and no fact or circumstance exists which may give rise to such
proceedings that would adversely affect the performance of its obligations
under this Contract Agreement;

i) it has complied with Applicable Laws in all material respects and has not
been subject to any fines, penalties, injunctive relief or any other civil or
criminal liabilities which in the aggregate have or may have a material
adverse effect on its ability to perform its obligations under this Contract
Agreement;
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j) no representation or warranty by it contained herein or in any other
document furnished by it to the Authority or to any Government
Instrumentality in relation to Applicable Permits contains or will contain
any untrue or misleading statement of material fact or omits or will omit to
state a material fact necessary to make such representation or warranty
not misleading;

k) no sums, in cash or kind, have been paid or will be paid, by it or on its


behalf, to any person by way of fees, commission or otherwise for securing
the contract or entering into this Contract Agreement or for influencing or
attempting to influence any officer or employee of the Authority in
connection therewith;

l) all information provided by the Contractor in response to the RFP


document or otherwise, is to the best of its knowledge and belief, true and
accurate in all material respects; and

m) all undertaking and obligations of the Contractor arising from the RFP
document or otherwise shall be binding on the Contractor as if they form
part of this Contract Agreement; and

n) nothing contained in this Contract Agreement shall create any contractual


relationship or obligation between the Authority and any Sub-contractors,
designers, consultants or agents of the Contractor.

5.2. Representations and warranties of the Authority

The Authority represents and warrants to the Contractor that:

a) it has full power and authority to execute, deliver and perform its
obligations under this Contract Agreement and to carry out the transactions
contemplated herein and that it has taken all actions necessary to execute
this Contract Agreement, exercise its rights and perform its obligations,
under this Contract Agreement;

b) it has taken all necessary actions under the Applicable Laws to authorise the
execution, delivery and performance of this Contract Agreement;

c) it has the financial standing and capacity to perform its obligations under
this Contract Agreement;

d) this Contract Agreement constitutes a legal, valid and binding obligation


enforceable against it in accordance with the terms hereof;
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e) it has no knowledge of any violation or default with respect to any order,
writ, injunction or any decree of any court or any legally binding order of
any Government Instrumentality which may result in any material adverse
effect on the Authority’s ability to perform its obligations under this
Contract Agreement;

f) it has complied with Applicable Laws in all material respects;

g) it has good and valid right to the Project Site and has the power and
authority to grant the access of the Project Site in respect thereof to the
Contractor; and

5.3. Disclosure

In the event that any occurrence or circumstance comes to the attention of either
Party that renders any of its aforesaid representations or warranties untrue or
incorrect, such Party shall immediately notify the other Party of the same. Such
notification shall not have the effect of remedying any breach of the
representation or warranty that has been found to be untrue or incorrect nor shall
it adversely affect or waive any obligation of either Party under this Contract
Agreement.

6. Disclaimer

6.1. Disclaimer

6.1.1. The Contractor acknowledges that prior to the execution of this Contract
Agreement, the Contractor has, after a complete and careful examination, made
an independent evaluation of the RFP document, Scope of the Project,
Specifications and Standards of design, construction methodology, Project, local
conditions, physical condition of ground, subsoil and geology, suitability and
availability of access routes to the Project and all information provided by the
Authority or obtained, procured or gathered otherwise, and has determined to its
satisfaction the accuracy or otherwise thereof and the nature and extent of
difficulties, risks and hazards as are likely to arise or may be faced by it in the
course of performance of its obligations hereunder. Save as provided in Clause
5.2, the Authority makes no representation whatsoever, express, implicit or
otherwise, regarding the accuracy, adequacy, correctness, reliability and/or
completeness of any assessment, assumptions, statement or information provided
by it and the Contractor confirms that it shall have no claim whatsoever against
the Authority in this regard.

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6.1.2. The Contractor acknowledges and hereby accepts to have satisfied itself as to the
correctness and sufficiency of the Contract Price.

6.1.3. The Contractor acknowledges and hereby accepts the risk of inadequacy, mistake
or error in or relating to any of the matters set forth in Clause 6.1.1 above and
hereby acknowledges and agrees that the Authority shall not be liable for the same
in any manner whatsoever to the Contractor, or any person claiming through or
under it, and shall not lead to any adjustment of Contract Price or Scheduled
Construction Completion Date.

6.1.4. The Parties agree that any mistake or error in or relating to any of the matters set
forth in Clause 6.1.1 above shall not vitiate this Contract Agreement, or render it
voidable.

6.1.5. In the event that either Party becomes aware of any mistake or error relating to
any of the matters set forth in Clause 6.1.1 above, that Party shall immediately
notify the other Party, specifying the mistake or error.

6.1.6. Except as otherwise provided in this Contract Agreement, all risks relating to the
Project shall be borne by the Contractor; and the Authority shall not be liable in
any manner for such risks or the consequences thereof.

7. Performance Security

7.1. Performance Security

7.1.1. The Contractor shall, for the performance of its obligations hereunder, provide to
the Authority, within 21 (twenty one) days of issue of Letter of Award (LoA) by the
Authority to the Contractor, an irrevocable and unconditional guarantee for an
amount equal to Rs. 2.50 Crore (Rupees Two Crores and Fifty Lakhs Only) or 10%
(ten percent) of the Contract Price, whichever is higher, issued from a Scheduled
Bank in favour of the Authority in the form set forth in Schedule-B of this Contract
Agreement (the “Performance Security”).The Performance Security shall be valid
until 60 (sixty) days after the Defects Liability Period. Until such time the
Performance Security is provided by the Contractor pursuant hereto and the same
comes into effect, the Bid Security shall remain in force and effect, and upon such
furnishing of the Performance Security by the Contractor, the Authority shall
release the Bid Security to the Contractor.

7.1.2. Notwithstanding anything to the contrary contained in this Agreement, the Parties
agree that in the event of failure of the Contractor to provide the Performance

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Security in accordance with the provisions of Clause 7.1.1 and within the time
specified therein or such extended period as may be agreed by the Authority, the
Authority may encash the Bid Security and appropriate the proceeds thereof as
Damages, and thereupon all rights, privileges, claims and entitlements of the
Contractor under or arising out of this Agreement shall be deemed to have been
waived by, and to have ceased with the concurrence of the Contractor, and this
Agreement shall be deemed to have been terminated by mutual agreement of the
Parties.

7.2. NOT USED

7.3. Appropriation of Performance Security

7.3.1. Upon occurrence of a Contractor’s Default, the Authority shall, without prejudice
to its other rights and remedies hereunder or in law, be entitled to encash and
appropriate the relevant amounts from the Performance Security as Damages for
such Contractor’s Default.

7.3.2. Upon such encashment and appropriation from the Performance Security, the
Contractor shall, within 30 (thirty) days thereof, replenish, in case of partial
appropriation, to its original level the Performance Security, and in case of
appropriation of the entire Performance Security provide a fresh Performance
Security, as the case may be, and the Contractor shall, within the time so granted,
replenish or furnish fresh Performance Security as aforesaid failing which the
Authority shall be entitled to terminate the Agreement in accordance with Article
21. Upon such replenishment or furnishing of a fresh Performance Security, as the
case may be, as aforesaid, the Contractor shall be entitled to an additional Cure
Period of 30 (thirty) days for remedying the Contractor’s Default, and in the event
of the Contractor not curing its default within such Cure Period, the Authority shall
be entitled to encash and appropriate such Performance Security as Damages, and
to terminate this Agreement in accordance with Article 21.

7.4. Failure to maintain the Performance Security

7.4.1. The Contractor shall keep and maintain the Performance Security valid and in full
force and effect at all times from the date of execution of this Contract
Agreement until the 60 (sixty) days after the Defects Liability Period. This is an
essential condition of the Contract Agreement and the failure to maintain the
Performance Security in accordance with the provisions hereof shall constitute a
Contractor’s Default and shall entitle the Authority to terminate this Contract
Agreement in accordance with the provisions hereof. Any delay in
submitting/extending the validity of Performance Security shall constitute a
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Contractor’s Default and shall entitle the Authority to terminate this Contract
Agreement in accordance with the provisions hereof.

7.5. Release of Performance Security

7.5.1. Partial amount of the Performance Security shall be released/refunded to the


Contractor during Defects Liability Period @ 10% (ten percent) of amount of
Performance Security after lapse of 1 (one year) of issuance of Completion
Certificate to the Contractor. Thereafter, 10% (ten percent) of original amount of
Performance Security shall be released/refunded at the end of each subsequent
year. The remaining amount of the Performance Security shall be released/
refunded after 60 (sixty) days of expiry of the Defects Liability Period.
Notwithstanding the aforesaid, the Parties agree that the Authority shall not be
obliged to release the Performance Security until all Defects identified during the
Defects Liability Period have been rectified. The Contractor shall furnish fresh
Bank Guarantee for reduced amount of Performance Security, as appropriate in
accordance with aforesaid provision under this Clause 7.5.1 t enable the Authority
to release the existing Performance Security available with it.

7.6. NOT USED

8. The Project Site

8.1. The Project Site

8.1.1. The site of the Project (the “Project Site”) shall comprise the site described in
Schedule-A. The Authority shall be responsible for providing access to the Project
Site to the Contractor free from all encroachments and Encumbrances, and free
access thereto for the execution of this Contract Agreement; and

8.2. Joint Visit to the Project Site

8.2.1. The Authority representative and the Contractor shall, within 10 (ten) days of the
date of execution of this Contract Agreement, jointly inspect the Project Site and
prepare a memorandum containing an inventory of the Project including the
vacant and unencumbered land, buildings, structures, road works, trees and any
other immovable property on or attached to the Project Site. Such memorandum
shall have appended thereto an appendix (the “Appendix”) specifying in
reasonable detail those parts of the Project Site to which vacant access free from
Encumbrances has not been provided to the Contractor. Signing of the
memorandum, in two counterparts (each of which shall constitute an original), by

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the authorised representatives of the Parties shall be deemed to constitute a valid
evidence of providing access of the Project Site to the Contractor for discharging
its obligations under and in accordance with the provisions of this Contract
Agreement and for no other purpose whatsoever.

8.2.2. NOT USED

8.2.3. NOT USED

8.3. NOT USED

8.4. Project Site to be free from Encumbrances

8.4.1. Project Site shall be made available by the Authority to the Contractor pursuant
hereto free from all encroachment, Encumbrances and occupations and without
the Contractor being required to make any payment to the Authority on account of
any costs, compensation, expenses and charges for use of the Project Site for
implementation of the Project. For avoidance of doubt, it is agreed that the
existing rights of way, easements, privileges, liberties and appurtenances to the
Project shall not be deemed to be Encumbrances. It is further agreed that, unless
otherwise specified in this Contract Agreement, the Contractor accepts and
undertakes to bear any and all risks arising out of the inadequacy or physical
condition of the Project Site.

8.5. Protection of Site from Encroachment

On and after signing the memorandum and/or subsequent memorandum referred


to in Clause 8.2.1, and until the issue of the Completion Certificate, the
Contractor shall maintain a round-the-clock vigil over the Project Site and shall
ensure and procure that no encroachment thereon takes place. During the
Contract Period, the Contractor shall protect the Project Site from any and all
occupations, encroachments or Encumbrances, and shall not place or create nor
permit any Sub-contractor or other person claiming through or under the Contract
Agreement to place or create any encumbrance or security threat over all or any
part of the Project Site or the Project Assets, or on any rights of the Contractor
therein or under this Contract Agreement, save and except as otherwise expressly
set forth in this Contract Agreement. In the event of any encroachment or
occupation on any part of the Project Site, the Contractor shall report such
encroachment or occupation forthwith to the Authority and undertake its removal
at its own cost and expenses.

8.6. Special/ Temporary Right of Way/Access

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8.6.1. The Contractor shall bear all costs and charges for any special or temporary right
of way required by it in connection with access to the Project Site. The Contractor
shall obtain at its cost such facilities on or outside the Project Site as may be
required by it for the purposes of the Project and the performance of its
obligations under this Contract Agreement.

8.7. Access to the Authority and Authority’s authorised Representatives

8.7.1. The access given to the Contractor for the Project Site hereunder for
implementation of the Project shall always be subject to the right of access of the
Authority and the Authority’s authorised representatives and their employees and
agents for inspection, viewing and exercise of their rights and performance of their
obligations under this Contract Agreement.

8.8. Geological and Archaeological Finds

8.8.1. It is expressly agreed that mining, geological or archaeological rights do not form
part of this Contract Agreement with the Contractor for the Works, and the
Contractor hereby acknowledges that it shall not have any mining rights or interest
in the underlying minerals, fossils, antiquities, structures or other remnants or
things either of particular geological or archaeological interest and that such
rights, interest and property on or under the Project Site shall vest in and belong
to the Authority or the concerned Government Instrumentality. The Contractor
shall take all reasonable precautions to prevent its workmen or any other person
from removing or damaging such interest or property and shall inform the
Authority forthwith of the discovery thereof and comply with such instructions as
the concerned Government Instrumentality may reasonably give for the removal of
such property. It is also agreed that the Authority shall procure that the
instructions hereunder are issued by the concerned Government Instrumentality
within a reasonable period so as to enable the Contractor to continue its Works
with such modifications as may be deemed necessary.

9. Utilities and Trees

9.1. Existing Utilities and Roads

Notwithstanding anything to the contrary contained herein, the Contractor shall


ensure that the respective entities owning the existing roads, structures, or
utilities on, under or above the Project are enabled by it to keep them in
continuous satisfactory use, if necessary, by providing suitable protective
measures as may be considered appropriate.

9.2. Shifting of obstructing utilities


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The Contractor shall, in accordance with Applicable Laws and with assistance of
the Authority, cause shifting of any utility (including electric lines, water pipes and
telephone cables) to an appropriate location or alignment, if such utility or
obstruction adversely affects the execution of Works in accordance with this
Contract Agreement. The cost of such shifting shall be included Contractor’s
scope.

9.3. New utilities

9.3.1. The Contractor shall allow, subject to such conditions as the Authority may
specify, access to, and use of the Project Site for laying telephone lines, water
pipes, electric cables or other public utilities. For avoidance of doubt, it is agreed
that use of the Project Site under this Clause 9.3 shall not in any manner relieve
the Contractor of its obligation to construct and maintain the Project in
accordance with this Contract Agreement.

9.3.2. In the event the construction of any Works is affected by a new utility or works
undertaken in accordance with this Clause 9.3, the Contractor shall be entitled to
a reasonable Time Extension as determined by the Authority.

9.3.3. NOT USED

9.3.4. NOT USED

9.4. Felling of trees

9.4.1. The Authority shall facilitate the Contractor in obtaining the Applicable Permits for
felling of trees to be identified by the Authority for this purpose if and only if such
trees cause a Material Adverse Effect on the construction of the Project. The cost
of such felling and of the compensatory plantation of trees, if any, shall be borne
by the Contractor. In the event of any delay in felling thereof for reasons beyond
the control of the Contractor; it shall be excused for failure to perform any of its
obligations hereunder if such failure is a direct consequence of delay in the felling
of trees. The Parties hereto agree that the felled trees shall be deemed to be
owned by the Authority and shall be disposed in such manner and subject to such
conditions as the Authority may in its sole discretion deem appropriate.

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10. Design and Construction of the Project

10.1. Obligations Prior to Commencement of Works

10.1.1. Within 15 (fifteen) days of execution of this Contract Agreement, the Contractor
shall:

a) appoint its representative, duly authorised to deal with the Authority in


respect of all matters under or arising out of or relating to this Contract
Agreement;

b) appoint a design director (the “Design Director”) who will head the
Contractor’s design unit and shall be responsible for surveys, investigations,
collection of data, and preparation of preliminary and detailed designs;

c) undertake and perform all such acts, deeds and things as may be necessary or
required before commencement of Works under and in accordance with this
Contract Agreement, the Applicable Laws and Applicable Permits; and

d) make its own arrangements for quarrying of materials needed for the Project
under and in accordance with the Applicable Laws and Applicable Permits.

10.1.2. The Authority has already appointed a Project Management Consultant (PMC) (the
“Authority’s PMC”) who shall discharge the functions and duties specified in this
Contract Agreement.

10.1.3. Within 60 (sixty) days of the Appointed Date, the Contractor shall submit to the
Authority a Detailed Project Report (the “DPR”) for the Project in the following 3
(three) parts. DPR shall specifically mention the following:

Part-I:- Detailed Design & Drawings, engineering, technical information, all


calculations, samples, models, estimated project cost, detailed work plan and
schedule including PERT & CPM charts, work milestone, project implementation
schedule, general methods and arrangements for design and construction,
environmental management plan, details of Materials to be used in the Project
along with specifications and make, Quality Assurance Plan including design quality
plan and safety plan covering safety of users and workers during construction,
Contractor’s key personnel and equipments. Contractor shall get the Design &
Drawings vetted from an institute of national repute such as NITs or IITs before
submission to the Authority.

Part-II:- Programme and stage-wise timelines for completion of all stages of Works.
The programme shall include:
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a) the order in which the Contractor intends to carry out the Works, including
the anticipated timing of design and stages of Works;

b) the periods for reviews under Clause 10.2;

c) the sequence and timing of inspections and tests specified in this Contract
Agreement.

The Contractor shall submit a revised programme whenever the previous


programme is rendered inconsistent with the actual progress or with the
Contractor’s obligations.

Part-III:- Estimated project cost, projected financial statement, monthly cash flow
forecast for the Project.

For the avoidance of doubt, the Contractor acknowledges and agree that the
Authority may, within reasonable time of receipt of the DPR, convey its comments
to the Contractor stating the modifications, if any, required for compliance with
the provisions of this Contract Agreement, and the Contractor shall carry out such
modifications, to the extent required for confirming with the provisions of this
Contract Agreement.

10.1.4. The Contractor shall compute, on the basis of the Design & Drawings prepared in
accordance with Clause 10.2, and provide to the Authority, the length, area and
numbers, as the case may be, in respect of the project requirements as specified
in Schedule-A.

10.1.5. The Contractor shall appoint a safety consultant (the “Safety Consultant”) to
carry out safety audit at the design stage of the Project in accordance with the
Applicable Laws and Good Industry Practice. The Safety Consultant shall be
appointed after proposing to the Authority a panel of 3 (three names) of qualified
and experienced firms from whom the Authority may choose 1 (one) to be the
Safety Consultant. Provided, however, that if the panel is not acceptable to the
Authority and the reasons for the same are furnished to the Contractor, the
Contactor shall propose to the Authority a revised panel of 3 (three) names for
obtaining the consent of the Authority. Authority shall, within 15 (fifteen) days of
receiving a proposal from the Contractor hereunder, convey its decision, with
reasons, to the Contractor, and if no such decision is conveyed within the said
period, the Contractor may proceed with engaging of the Safety Consultant. For
avoidance of doubt, the Parties agree that no firm or person having any conflict of
interest shall be engaged hereunder. The Parties further agree that any

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assignments completed at least 3 (three) years prior to the appointment hereunder
shall not be reckoned for the purpose of conflict of interest.

10.1.6. The safety audit pursuant to Clause 10.1.5 shall be carried out by the Safety
Consultant in respect of all such design details that have a bearing on safety of
users, public as well as pedestrians and animals involved in or associated with
accidents. The recommendations of the Safety Consultant shall be incorporated in
the design of the Project and the Contractor shall forward to the Authority a
certificate to this effect together with the recommendations of the Safety
Consultant. For the avoidance of doubt, the Safety Consultant to be engaged by
the Contractor shall be independent of the design and implementation team of the
Contractor.

10.2. Design & Drawings

10.2.1. Design & Drawings shall be developed in conformity with the Project Requirements
and other provisions as set forth in Schedule-A and in accordance with the
provisions of the Contract Agreement. In the event, the Contractor requires any
relaxation in design standards, the alternative design criteria for such section shall
be provided for review of the Authority.

10.2.2. The Contractor shall appoint a proof check consultant (the “Proof Consultant”)
which shall be an institute of national repute i.e. National Institute of Technology
(NITs) or Indian Institute of Technology (IITs). Design & Drawings prepared by the
Contractor shall be vetted by the Proof Consultant before submission to the
Authority.

10.2.3. The Proof Consultant shall also:

a) evolve a systems approach with the Design Director so as to minimise the


time required for final Design & Drawings; and

b) proof check the detailed calculations, Design & Drawings, which have been
approved by the Design Director.

10.2.4. In respect of the Contractor’s obligations with respect to the Design & Drawings of
the Project as set forth in Schedule-A, the following shall apply:

a) The Contractor shall prepare and submit, with reasonable promptness and in
such sequence as is consistent with the Construction Completion Schedule, 3
(three) copies each of the Design & Drawings, duly certified/vetted by the
Proof Consultant, to the Authority for review. Provided, however, that in
respect of the Project and the Authority may require additional Design &

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Drawings for its review in accordance with the provisions of this Contract
Agreement.

b) by submitting the Design & Drawings for review to the Authority, the
Contractor shall be deemed to have represented that it has determined and
verified that the design and engineering, including field construction criteria
related thereto, are in conformity with the provisions of this Contract
Agreement;

c) within reasonable time of the receipt of the Design and Drawings, the
Authority shall review the same and convey its observations to the
Contractor with particular reference to their conformity with the provisions
of this Contract Agreement.

d) if the aforesaid observations of the Authority indicate that the Design &
Drawings are not in conformity with the provisions of this Contract
Agreement, such Design & Drawings shall be revised by the Contractor in
conformity with the provisions of this Contract Agreement incorporating the
Authority’s observations and resubmitted to the Authority for review and
approval. In the event the Contractor fails to revise and resubmit such
Design & Drawings to the Authority for review as aforesaid, the Authority
may cause the payment for the affected works to be withheld in accordance
with the provisions of Clause 17.5.4. If the Contractor disputes any decision,
direction or determination of the Authority hereunder, the Dispute shall be
resolved in accordance with the Dispute Resolution Procedure;

e) no review and/or observation of the Authority including its PMC, personnel


and/or its failure to review and/or convey its observations on any Design &
Drawings shall relieve the Contractor of its obligations and liabilities under
this Contract Agreement in any manner nor shall the the Authority including
its PMC, personnel be liable for the same in any manner; and if errors,
omissions, ambiguities, inconsistencies, inadequacies or other Defects are
found in the Design & Drawings, they shall be corrected, along with affected
Works, at the Contractor's cost, notwithstanding any review under this
Article 10;

f) the Contractor shall be responsible for delays in submitting the Design &
Drawings and shall not be entitled to seek any relief in that regard from the
Authority; and

g) the Contractor warrants that its designers, including any third parties
engaged by it, shall have the required experience and capability in
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accordance with Good Industry Practice and it shall indemnify the Authority
against any damage, expense, liability, loss or claim, which the Authority
might incur, sustain or be subject to arising from any breach of the
Contractor’s Design and Drawings responsibility and/or warranty set out in
this Clause.

h) Any cost or delay in construction arising from review by the Authority shall
be borne by the Contractor.

i) Works shall be executed in accordance with the Design & Drawings provided
by the Contractor in accordance with the provisions of this Clause 10.2 and
the observations of the Authority thereon as communicated pursuant to the
provisions of Clause 10.2.4 (d). Such Design & Drawings shall not be amended
or altered without prior written notice to the Authority and its approvals. If
a Party becomes aware of an error or defect of a technical nature in the
Design & Drawings, that Party shall promptly give notice to the other Party
of such error or defect.

j) Within 30 (thirty) days of the Construction Completion Date, the Contractor


shall furnish to the Authority a complete set of as-built drawings, in 2 (two)
hard copies and in its editable digital format or in such other medium or
manner as may be acceptable to the Authority, including an as-built survey
illustrating the layout of the Project and setback lines and shall handover
the same to the Authority against receipt hereof.

10.3. Design & Construction of the Project

10.3.1. The Contractor shall construct the Project in conformity with approved DPR and
Design & Drawings and in accordance with the provisions of this Contract
Agreement including the Schedule-A. The Contractor shall be responsible for the
correct positioning of all parts of the Works, and shall rectify any error in the
positions, levels, dimensions or alignment of the Works. The 18 (eighteen) months
from the Appointed Date shall be the scheduled construction completion date (the
“Scheduled Construction Completion Date”) and the Contractor agrees and
undertakes that the construction shall be completed on or before the Scheduled
Construction Completion Date, including any extension thereof in accordance with
the schedule for completion of Construction (the “Construction Completion
Schedule” as given below.

Construction Completion Schedule

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Scheduled Period for
S. N. Works to be Completed
Completion

Project Works done amounting to 1/8th Within 1/4th of Design &


Milestone-1 of Contract Price Construction Period

Project Works done amounting to 3/8th Within 1/2nd of Design &


Milestone-2 of Contract Price Construction Period

Project Works done amounting to 3/4th Within 3/4th of Design &


Milestone-3 of Contract Price Construction Period

Final Project Works done amounting to Full Within Scheduled Construction


Milestone Contract Price Completion Date

10.3.2. The Contractor shall construct the Project in accordance with the Construction
Completion Schedule as mentioned above. In the event that the Contractor fails to
achieve any Project Milestone within scheduled period for completion as
mentioned above and/or Final Project Milestone within Scheduled Construction
Completion Date, unless such failure has occurred due to Force Majeure or for
reasons solely attributable to the Authority or time period has been extended by
the Authority, it shall pay Damages to the Authority in a sum calculated at the rate
of 0.05% (zero point zero five percent) of the Contract Price for delay of each day
reckoned from the date of scheduled period for completion/ Scheduled
Construction Completion Date, as applicable, until such Project Milestone/Final
Project Milestone is achieved or the Works are completed; provided that if the
period for any or all Project Milestones or the Scheduled Construction Completion
Date is extended in accordance with the provisions of this Contract Agreement.
provided further that in the event the Works are completed within or before the
Scheduled Construction Completion Date including any Time Extension, applicable
for that work or section, the Damages paid under this Clause 10.3.2 shall be
refunded by the Authority to the Contractor, but without any interest thereon. For
the avoidance of doubt, it is agreed that recovery of Damages under this Clause
10.3.2 shall be without prejudice to the rights of the Authority under this Contract
Agreement including the right of Termination thereof. The Parties further agree
that Time Extension hereunder shall only be reckoned for and in respect of the
affected works as specified in Clause 10.4.2.

10.3.3. The Authority shall notify the Contractor of its decision to impose Damages in
pursuance with the provisions of this Clause 10.3. Provided that no deduction on
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account of Damages shall be effected by the Authority without taking into
consideration the representation, if any, made by the Contractor within 10 (ten)
days of such notice. The Parties expressly agree that the total amount of Damages
under Clause 10.3.2 shall not exceed 10% (ten percent) of the Contract Price.

10.4. Extension of Time for Completion of Construction

10.4.1. Without prejudice to any other provisions of this Contract Agreement for and in
respect of extension of time, the Contractor shall be entitled to extension of time
in the Construction Completion Schedule (the “Time Extension”) to the extent
that completion of any Project Milestone is or will be delayed by any of the
following, namely:

a) delay in providing the Project Site free from all Encumbrances and
encroachment within the time period as specified in Clause 4.1.3;

b) Change of Scope (unless an adjustment to the Scheduled Construction


Completion Date has been agreed under Article 13);

c) occurrence of a Force Majeure Event;

d) delay, impediment or prevention caused by or attributable to the Authority;


and

e) any other cause or delay which entitles the Contractor to Time Extension in
accordance with the provisions of this Contract Agreement.

10.4.2. The Contractor shall, no later than 15 (fifteen) business days from the occurrence
of an event or circumstance specified in Clause 10.4.1, inform the Authority by
notice in writing stating in reasonable detail with supporting particulars, the event
or circumstances giving rise to the claim for Time Extension in accordance with the
provisions of this Contract Agreement. Provided that the period of 15 (fifteen)
business days shall be calculated from the date on which the Contractor became
aware, or deemed to have become aware, of the occurrence of such an event or
circumstance whichever earlier.

Provided further that notwithstanding anything to the contrary contained in this


Contract Agreement, Time Extension shall be due and applicable only for the
Works which are affected by the aforesaid events or circumstances and shall not in
any manner affect the Construction Completion Schedule and price for and in
respect of the Works which are not affected thereby.

10.4.3. In the event of the failure of the Contractor to submit to the Authority the notice
in accordance with the provisions of Clause 10.4.2 within the time specified

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therein, the Contractor shall not be entitled to any Time Extension and shall
forfeit its right for any such claims in future. For avoidance of doubt, in the event
of failure of the Contractor to issue notice as specified in this Clause 10.4.3, the
Authority shall be discharged from all liability in connection with the claim.

10.4.4. The Authority shall, on receipt of the claim for Time Extension in accordance with
the provisions of Clause 10.4.2, examine the claim for Time Extension
expeditiously within the time frame specified herein. In the event the Authority
requires any clarifications to examine the claim, the Authority shall seek the same
within 15 (fifteen) days from the date of receiving the claim for Time Extension.
The Contractor shall, on receipt of the communication of the Authority requesting
for clarification, furnish the same to the Authority within 10 (ten) days thereof.
The Authority shall, within a period of 60 (sixty) days from the date of receipt of
such clarifications, forward in writing to the Contractor its determination of Time
Extension. For avoidance of doubt, the Parties agree that the Authority shall, in
accordance with the provisions of this Contract Agreement, notify the Contractor
of the aforesaid Time Extension no later than 60 (sixty) days from the date of
receipt of the Contractor’s claim for Time Extension.

10.5. Incomplete Works

10.5.1. In the event the Contractor fails to complete the Works in accordance with the
Construction Completion Schedule, including any Time Extension granted under
this Contract Agreement, the Contractor shall endeavour to complete the balance
work expeditiously and shall pay Damages to the Authority in accordance with the
provisions of Clause 10.3.2 for delay of each day until the Works are completed in
accordance with the provisions of this Contract Agreement. Recovery of Damages
under this Clause shall be without prejudice to the rights of the Authority under
this Contract Agreement including the right to termination under Clause 21.1.

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11. Quality Assurance, Monitoring and Supervision

11.1. Quality of Material and Workmanship

11.1.1. The Contractor shall ensure that the Construction, Materials and workmanship are
in accordance with the requirements specified in this Contract Agreement,
Specifications and Standards and Good Industry Practice.

11.1.2. The Contractor warrants that all Materials shall be new, unused, not reconditioned
and in conformity with the Specification and Standards, Applicable Laws and Good
Industry Practice, and that the Contractor shall not use any materials which are
generally recognized as being deleterious under Good Industry Practice.

11.2. Quality Control System

11.2.1. The Contractor shall establish a quality control mechanism to ensure compliance
with the provisions of this Contract Agreement (the “Quality Assurance Plan” or
“QAP”).

11.2.2. The Contractor shall, within 60 (sixty) days of the Appointed Date, submit to the
Authority its QAP along with the DPR which shall include the following:

a) organisation, duties and responsibilities, procedures, inspections and


documentation;

b) quality control mechanism including setting-up on-site testing laboratory,


sampling and testing of Materials, test frequencies, standards, acceptance
criteria, testing facilities, reporting, recording and interpretation of test
results, approvals, check list for site activities, and proforma for testing and
calibration in accordance with Rajasthan PWD specifications, Specifications
and Standards and Good Industry Practice; and

c) internal quality audit system.

The Authority shall convey its comments to the Contractor within a period of 15
(fifteen) days stating the modifications, if any, required, and the Contractor shall
incorporate those in the QAP conforming with the provisions of this Clause 11.2.

11.2.3. The Contractor shall procure all documents, apparatus and instruments, fuel,
consumables, water, electricity, labour, Materials, samples, and qualified
personnel as are necessary for examining and testing the Project Assets, Materials,
consumables, and workmanship in accordance with the QAP.

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11.2.4. The cost of testing of Construction, Materials and workmanship, etc. under this
Article 11 shall be borne by the Contractor.

11.3. Methodology

11.3.1. The Contractor shall at least 15 (fifteen) days prior to the commencement of
construction, submit to the Authority for review the methodology proposed to be
adopted for executing the Works, giving details of equipment to be deployed and
measures for ensuring safety. The Authority shall complete the review and convey
its comments, if any, to the Contractor within a period of 10 (ten) days from the
date of receipt of the proposed methodology form the Contractor.

11.4. Inspection and Technical Audit by the Authority

11.4.1. The Authority or any representative authorised by the Authority in this behalf may
inspect and review the progress and quality of the construction of Works and issue
appropriate directions to the Contractor for taking remedial action in the event
the Works are not in accordance with the provisions of this Contract Agreement.

11.5. External Technical Audit

11.5.1. At any time during Construction, the Authority may appoint an external technical
auditor to conduct an audit of the quality of the Works. The findings of the audit,
to the extent accepted by the Authority, shall be notified to the Contractor for
taking remedial action in accordance with this Contract Agreement. The
Contractor shall provide all assistance as may be required by the auditor in the
conduct of its audit hereunder. Notwithstanding anything contained in this Clause
11.5, the external technical audit shall not affect any obligations of the Contractor
or the Authority under this Contract Agreement.

11.6. Inspection of Construction Records

11.6.1. The Authority and its PMC shall have the right to inspect the records of the
Contractor relating to the Works.

11.7. Monthly progress reports

11.7.1. During the Construction Period, the Contractor shall, no later than 10 (ten) days
after the close of each month, furnish to the Authority and the Authority’s PMC a
monthly report on progress of the Works and shall promptly give such other
relevant information as may be required by the Authority’s PMC.

11.8. Inspection

11.8.1. The Authority and its authorised representative shall at all reasonable times:

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a) have full access to all parts of the Project and to all places from which
natural Materials are being obtained for use in the Works; and

b) during production, manufacture and construction at the Project and at the


place of production, be entitled to examine, inspect, measure and test the
Materials and workmanship, and to check the progress of manufacture of
Materials.

11.8.2. The Contractor shall give the Authority and its authorised agents access, facilities
and safety equipment for carrying out their obligations under this Contract
Agreement.

11.9. Samples

11.9.1. The Contractor shall submit the following samples of Materials and relevant
information to the Authority’s PMC for pre-construction review:

a) manufacturer's test reports and standard samples of manufactured Materials;


and

b) samples of such other Materials as the Authority’s PMC may require.

11.10. Tests

11.10.1. For determining that the Works conform to the Specifications and Standards, the
Contractor shall carry out the tests, at such time and frequency and in such
manner as specified in this Contract Agreement and in accordance with Rajasthan
PWD specifications, Good Industry Practice, etc. for quality assurance. The
Contractor shall, with due diligence, carry out all the tests in accordance with the
Contract Agreement and furnish the results thereof to the Authority. Of the total
tests for each category or type to be undertaken by the Contractor under the
provisions of this Contract Agreement and Good Industry Practice, the Authority
may (a) carry out or cause to carry out, test checks equal to about 10% (ten
percent) of the number of the tests required to be undertaken by the Contractor;
and (b) witness or participate, at its discretion, in the tests conducted by the
Contractor.

11.10.2. In the event that results of any tests conducted under this Clause 11.10 establish
any Defects or deficiencies in the Works, the Contractor shall carry out remedial
measures and furnish a report to the Authority in this behalf. The Authority shall
require the Contractor to carry out or cause to be carried out tests to determine
that such remedial measures have brought the Works into compliance with the

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Specifications and Standards, and the procedure shall be repeated until such Works
conform to the Specifications and Standards. For avoidance of doubt, the cost of
such tests and remedial measures in pursuance thereof shall be solely borne by the
Contractor.

11.11. Examination of Work before Covering Up

11.11.1. In respect of the work which the Authority is entitled to examine, inspect,
measure or test before it is covered up or put out of view or any part of the work
is placed thereon, the Contractor shall give notice to the Authority and the
Authority’s PMC whenever any such work is ready and before it is covered up. The
Authority shall then either carry out the examination, inspection or testing without
unreasonable delay, or promptly give notice to the Contractor that the Authority
does not require to do so. Provided, however, that if any work is of a continuous
nature where it is not possible or prudent to keep it uncovered or incomplete, the
Contractor shall notify the schedule of carrying out such work to give sufficient
opportunity, not being less than 3 (three) business days’ notice, to the Authority to
conduct its inspection, measurement or test while the work is continuing.

11.12. Rejection

11.12.1. If, as a result of an examination, inspection, measurement or testing, any Plant,


Materials, design or workmanship is found to be defective or otherwise not as per
the Specifications and Standards and in accordance with the provisions of this
Contract Agreement, the Authority may reject such Plant, Materials, design or
workmanship by giving notice to the Contractor, with reasons. The Contractor shall
then promptly make good the Defect and ensure that the rejected item complies
with the requirements of this Contract Agreement.

11.12.2. If the Authority requires the Plant, Materials, design or workmanship to be


retested, the tests shall be repeated under the same terms and conditions, as
applicable in each case. If the rejection and retesting cause the Authority to incur
any additional costs, such cost shall be recoverable by the Authority from the
Contractor; and may be deducted by the Authority from any monies due to be paid
to the Contractor.

11.12.3. The Contractor shall not be entitled to any extension of time on account of
rectifying any Defect or retesting as specified in this Clause 11.12.

11.12.4. No examination, inspection, measurement or testing of any Plant, Material, design


and workmanship by the Authority or its failure to convey its observations or to
examine, inspect, measure or test shall relive the Contractor of its obligations and

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liabilities under this Contract Agreement in any manner nor shall the Authority be
liable for the same in any manner,

11.13. Remedial work

11.13.1. Notwithstanding any previous test or certification, the Authority may instruct the
Contractor to:

a) remove from the Project and replace any Plant or Materials which are not in
accordance with the provisions of this Contract Agreement;

b) remove and re-execute any work which is not in accordance with the
provisions of this Contract Agreement and the Specification and Standards;
and

c) execute any work which is urgently required for the safety of the Project,
whether because of an accident, unforeseeable event or otherwise; provided
that in case of any work required on account of a Force Majeure Event, the
provisions of Clause 19.6 shall apply.

11.13.2. If the Contractor fails to comply with the instructions issued by the Authority
under Clause 11.13.1, within the time specified in the Authority’s notice or as
mutually agreed, the Authority may get the work executed by another agency. The
cost so incurred by the Authority for undertaking such work shall, without
prejudice to the rights of the Authority to recover Damages in accordance with the
provisions of this Contract Agreement, be recoverable from the Contractor and
may be deducted by the Authority from any monies due to be paid to the
Contractor.

11.14. Delays During Construction

11.14.1. Without prejudice to the provisions of Clause 10.3.2, in the event the Contractor
does not achieve any of the Project Milestones or the Authority shall have
reasonably determined that the rate of progress of Works is such that completion
of the Project is not likely to be achieved by the end of the Scheduled
Construction Completion Date, it may notify the same to the Contractor, and the
Contractor shall, within 15 (fifteen) days of such notice, by a communication
inform the Authority in reasonable detail about the steps it proposes to take to
expedite progress and the period within which it shall achieve the Construction
Completion Date.

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11.15. Quality Control Records and Documents

11.15.1. The Contractor shall hand over to the Authority a copy of all its quality control
records and documents before the Completion Certificate is issued pursuant to
Clause 12.2.

11.16. Video Recording

11.16.1. During the Design & Construction Period, the Contractor shall provide to the
Authority for every calendar quarter, a video recording, which will be compiled
into a 3 (three) hour digital video disc or any substitute thereof, covering the
status and progress of Works in that quarter essentially covering foundation, RCC
steel structures etc. all before being covered. The video recording shall be
provided to the Authority no later than 15 (fifteen) days after the close of each
quarter after the Appointed Date.

11.17. Suspension of Unsafe Works

11.17.1. Upon recommendation of the Authority to this effect, or on its own volition in
cases of emergency or urgency, the Authority may by notice require the Contractor
to suspend forthwith the whole or any part of the Works if, in the reasonable
opinion of the Authority, as the case may be, such works threatens the safety of
the labours, supervisory staff, pedestrians, public and or other persons on or about
the Project. Provided, however, that in case of an emergency, the Authority may
suo moto issue the notice referred to hereinabove.

11.17.2. The Contractor shall, pursuant to the notice under Clause 11.17.1, suspend the
Works or any part thereof for such time and in such manner as may be specified by
the Authority and thereupon carry out remedial measures to secure the safety of
the users, pedestrians, public and or other persons on or about the Project. The
Contractor may by notice require the Authority to inspect such remedial measures.
After inspection, the Authority shall either revoke such suspension or instruct the
Contractor to carry out such other and further remedial measures as may be
necessary in the reasonable opinion of the Authority, and the procedure set forth
in this Clause 11.17 shall be repeated until the suspension hereunder is revoked.

11.17.3. Subject to the provisions of Clause 19.6, all reasonable costs incurred for
maintaining and protecting the Works or part thereof during the period of
suspension (the “Preservation Costs”), shall be borne by the Contractor.

11.17.4. If suspension of Works is for reasons not attributable to the Contractor, the
Authority shall determine any Time Extension to which the Contractor is
reasonably entitled to in accordance with the provisions of Clause 10.4.

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12. Completion Certificate

12.1. Tests on Completion

12.1.1. Not later than 30 (thirty) days prior to the likely completion of the Construction,
or a section thereof, the Contractor shall notify the Authority’s PMC of its intent to
subject the Construction or a section thereof, to Tests. The date and time of each
of the Tests shall be determined by the Authority’s PMC in consultation with the
Contractor, and notified to the Authority who may designate its representative to
witness the Tests. The Contractor shall either conduct the Tests as directed by the
Authority’s PMC or provide such assistance as the Authority’s PMC may reasonably
require for conducting the Tests.

12.1.2. All Tests shall be conducted at the cost and expense of the Contractor. The
Authority’s PMC shall observe, monitor and review the Tests to determine
compliance of the Project or a section thereof, with Specifications and Standards
and if it is reasonably anticipated or determined by the Authority’s PMC during the
course of any Test that the performance of the Project or section or any part
thereof, does not meet the Specifications and Standards, it shall notify to the
Authority and the Authority may suspend or delay such Test and require the
Contractor to remedy and rectify the Defect or deficiencies. Upon completion of
each Test, the Authority’s PMC shall provide to the Contractor and the Authority
copies of all Test data including detailed Test results. For the avoidance of doubt,
it is expressly agreed that the Authority may require the Contractor to carry out or
cause to be carried out additional Tests at Contractor’s cost, in accordance with
Good Industry Practice, for determining the compliance of the Project or section
thereof with the Specifications and Standards.

12.2. Provisional Certificate

12.2.1. Subject to the provisions of Clause 12.2.5, upon completion of all Works forming
part of the Project, save and except the Works for which Time Extension has been
granted under Clause 10.5, the Authority shall, at the request of the Contractor,
issue a provisional certificate of construction completion (the “Provisional
Certificate”) if the Tests for and in respect of the completed Works are
successful. The Provisional Certificate shall have appended thereto a list of
outstanding items of work (the “Punch List”) that need to be completed in
accordance with the provisions of this Contract Agreement. The Contractor
undertakes to complete the minor outstanding items of works in respect of those

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sections of the Project for which the Provisional Certificate has been issued, within
a period of 30 (thirty) days of the date of Provisional Certificate, and those parts
of the Works in respect of which Time Extension has been granted, within the
extended period thereof. For the avoidance of doubt, the Parties agree that the
Punch List shall include all Works for which Time Extension has been granted and
shall also include any minor outstanding items of work forming part of the
completed portion if such works do not materially affect the use of the completed
portion for their intended purpose. The Parties further agree that Provisional
Certificate shall not be issued if the completed Works cannot be safely and reliably
placed in service of the users, public thereof.

12.2.2. Upon issue of Provisional Certificate, the provisions of Articles 15 shall apply to the
completed parts of the Project and the property and ownership of all such
completed Works shall vest in the Authority.

12.2.3. If the Authority determines that the Project or any completed part thereof does
not conform to the provisions of this Contract Agreement and cannot be safely and
reliably placed in operation, it shall intimate the Contractor and withhold issuance
of the Provisional Certificate until the Defects or deficiencies are rectified by the
Contractor and Tests are successful in accordance with this Article 12.

12.2.4. NOT USED

12.2.5. No Provisional Certificate shall be issued under the provisions of this Clause 12.2
until the Contractor has submitted valid claims for payment of at least 80% (eighty
per cent) of the Contract Price. For avoidance of doubt and by way of illustration,
the Parties agree that if the Contract Price specified in Clause 17.1.1 is Rs. 10
Crores (Rupees Ten Crore)), a Provisional Certificate shall not be issued until valid
claims for payment of an amount of Rs. 8 Crore (Rs. Eight Crore) have been
submitted by the Contractor in accordance with the provisions of this Contract
Agreement.

12.3. Completion of remaining Works

12.3.1. All items in the Punch List shall be completed by the Contractor in accordance
with the provisions of this Contract Agreement. For any delay in their completion
other than for the reasons solely attributable to the Authority or due to Force
Majeure, the Authority shall be entitled to recover Damages from the Contractor in
accordance with the provisions of Clause 10.3.2 of this Contract Agreement.

12.4. Completion Certificate

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12.4.1. Upon completion of all Works, including the items specified in the Punch List, and
the Authority determining the Tests to be successful, the Authority shall issue the
completion certificate to the Contractor (the “Completion Certificate”).

12.4.2. Upon receiving the Completion Certificate, the Contractor shall remove its
equipment, materials, debris and temporary works from the Project Site within a
period of 30 (thirty) days thereof, failing which the Authority may remove or cause
to be removed, such equipment, materials, debris and temporary works and
recover from the Contractor an amount equal to 120% (one hundred and twenty
per cent) of the actual cost of removal incurred by the Authority.

12.4.3. Without prejudice to the obligations of the Contractor specified in Articles 15 the
property and ownership of all the completed Works forming part of the Project
shall vest in the Authority.

12.5. Rescheduling of Tests

12.5.1. If the Authority does not issue the Completion Certificate or Provisional
Certificate, as the case may be, because of events or circumstances on account of
which the Tests could not be held or had to be suspended, the Contractor shall be
entitled to re-schedule the Tests and hold the same as soon as reasonably
practicable.

13. Change of Scope

13.1. Change of Scope

13.1.1. The Authority may, notwithstanding anything to the contrary contained in this
Contract Agreement, require the Contractor to make modifications or alterations
to the Works (“Change of Scope”) before the issue of the Completion Certificate
either by giving an instruction or by requesting the Contractor to submit a proposal
for Change of Scope involving additional cost or reduction in cost. Any such Change
of Scope shall be made and valued in accordance with the provisions of this Article
13.

13.1.2. Change of Scope shall mean:

a) change in Specifications of any item of Works;

b) omission of any work from the Scope of the Project, provided that, subject
to Clause 13.5, the Authority shall not omit any work under this Clause in
order to get it executed by any other entity; or

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c) any additional work, Plant, Materials or services which are not included in
the Scope of the Project, including any associated Tests on completion of
construction.

13.1.3. If the Contractor determines at any time that a Change of Scope will, if adopted,
(i) accelerate completion, (ii) reduce the cost to the Authority of executing,
maintaining or operating the Project, (iii) improve the efficiency or value to the
Authority of the completed Project, or (iv) otherwise be of benefit to the
Authority, it shall prepare a proposal with relevant details at its own cost. The
Contractor shall submit such proposal, supported with the relevant details
including the amount of reduction in the Contract Price to the Authority to
consider such Change of Scope. The Authority shall, within 15 (fifteen) days of
receipt of such proposal, either accept such Change of Scope with modifications, if
any, and initiate proceedings therefor in accordance with this Article 13 or reject
the proposal and inform the Contractor of its decision. For avoidance of doubt, the
Parties agree that the Contractor shall not undertake any Change of Scope without
a Change of Scope Order being issued by the Authority, save and except any Works
necessary for meeting any Emergency.

13.2. Procedure for Change of Scope

13.2.1. In the event of the Authority determining that a Change of Scope is necessary, the
Authority may issue to the Contractor a notice specifying in reasonable detail the
works and services contemplated thereunder (the “Change of Scope Notice”).

13.2.2. Upon receipt of a Change of Scope Notice, the Contractor shall, with due
diligence, provide to the Authority and the Authority’s PMC such information as is
necessary, together with preliminary documentation in support of:

a) the impact, if any, which the Change of Scope is likely to have on the
Construction Completion Schedule if the works or services are required to be
carried out during the Design & Construction Period; and

b) the options for implementing the proposed Change of Scope and the effect,
if any, each such option would have on the costs and time thereof, including
the following details:

(i) break down of the quantities, unit rates and cost for different items
of work;

(ii) proposed design for the Change of Scope; and

(iii) proposed modifications, if any, to the Construction Completion


Schedule of the Project.
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For avoidance of doubt, the Parties expressly agree that, subject to the provisions
of Clause 13.4.1, the Contract Price shall be increased or decreased, as the case
may be, on account of Change of Scope.

13.2.3. The Contractor’s quotation of costs for the Change of Scope shall be determined
on the basis of the cost to be worked out as per Rajasthan PWD BSR (Udaipur
Circle), and for any item requisite details of which is not available in Rajasthan
PWD BSR (Udaipur Circle), then CPWD BSR shall be adopted. In case the item is not
available in both BSR (Rajasthan PWD BSR and CPWD BSR) then the prevailing
market rates as determined by the Authority shall apply.

13.2.4. Upon reaching an agreement for Change of Scope, the Authority shall issue an
order (the “Change of Scope Order”) requiring the Contractor to proceed with
the performance thereof. In the event that the Parties are unable to agree, the
Authority may as per its discretion:

a) issue a Change of Scope Order requiring the Contractor to proceed with the
performance thereof at the rates and conditions approved by the Authority
till the matter is resolved in accordance with Article 24; or

b) proceed in accordance with Clause 13.5.

13.2.5. The provisions of this Contract Agreement, insofar as they relate to Works and
Tests, shall apply mutatis mutandis to the works undertaken by the Contractor
under this Article 13.

13.3. Payment for Change of Scope

13.3.1. Payment for Change of Scope shall be made in accordance with the payment
schedule specified in the Change of Scope Order.

13.4. Restrictions on Change of Scope

13.4.1. No Change of Scope shall be executed unless the Authority has issued the Change
of Scope Order save and except any Works necessary for meeting any Emergency.

13.4.2. Unless the Parties mutually agree to the contrary, the total value of all Change of
Scope Orders shall not exceed 20 (twenty) per cent of the Contract Price.

13.4.3. Notwithstanding anything to the contrary in this Article 13, no change arising from
any default of the Contractor in the performance of its obligations under this
Contract Agreement shall be deemed to be Change of Scope, and shall not result in
any adjustment of the Contract Price or the Construction Completion Schedule.

13.5. Power of the Authority to Undertake Works

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13.5.1. In the event the Parties are unable to agree to the proposed Change of Scope
Orders in accordance with Clause 13.2, the Authority may, after giving notice to
the Contractor and considering its reply thereto, award such works or services to
any person on the basis of open competitive bidding; provided that the Contractor
shall have the option of matching the first ranked bid only if it has participated in
the bidding process and its bid does not exceed the first ranked bid by more than
15% (fifteen percent) thereof. It is also agreed that the Contractor shall provide
assistance and cooperation to the person who undertakes the works or services
hereunder, but shall not be responsible for rectification of any Defects of Works
carried out by other agencies.

13.5.2. The works undertaken in accordance with this Clause 13.5 shall conform to the
Specifications and Standards and shall be carried out in a manner that minimises
the disruption in the Project. The provisions of this Contract Agreement, insofar as
they relate to Works and Tests, shall apply mutatis mutandis to the works carried
out under this Clause 13.5.

14. NOT USED

15. Defects Liability Period

15.1. Defects Liability Period

15.1.1. The Contractor shall be responsible for all the Defects and deficiencies, except
usual wear and tear, till the expiry of a period of 36 (thirty six) months
commencing from the date of Completion Certificate. (the “Defects Liability
Period”).

15.1.2. NOT USED

15.2. Remedy and Rectification of Defects and Deficiencies

15.2.1. Save and except as provided in Clause 15.2.2, the Contractor shall repair or rectify
all Defects and deficiencies observed by the Authority during the Defects Liability
Period within a period of 15 (fifteen) days from the date of notice issued by the
Authority in this behalf, or within such reasonable period as may be determined by
the Authority at the request of the Contractor, in accordance with Good Industry
Practice.

15.3. Cost of Remedying Defects

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15.3.1. For avoidance of doubt, any repair or rectification undertaken in accordance with
the provisions of Clause 15.2, including any additional testing, shall be carried out
by the Contractor at its own risk and cost, to the extent that such rectification or
repair is attributable to:

a) the design of the Project;

b) Works, Plant, Materials or workmanship not being in accordance with this


Contract Agreement and the Specifications and Standards;

c) improper maintenance during construction of the Project by the Contractor;


and/ or

d) failure by the Contractor to comply with any other obligation under this
Contract Agreement.

15.4. Contractor’s Failure to Rectify Defects

15.4.1. In the event that the Contractor fails to repair or rectify such Defect or deficiency
within the period specified in Clause 15.2, the Authority shall be entitled to get
the same repaired, rectified or remedied at the Contractor’s cost so as to make
the Project conform to the Specifications and Standards and the provisions of this
Contract Agreement. All costs consequent thereon shall, after due consultation
with the Authority and the Contractor, be worked out/ assessed by the Authority’s
PMC and approved by the Authority. The cost so determined and an amount equal
to 20% (twenty percent) of the cost as Damages shall be recoverable by the
Authority from the Contractor and may be deducted by the Authority from the
Performance Security or any monies due to the Contractor.

15.5. NOT USED

15.6. Extension of Defects Liability Period

15.6.1. The Defects Liability Period shall be deemed to be extended till the identified
Defects under Clause 15.2 have been remedied.

15.6.2. Any Material or Works with Defects identified under Clause 15.2 and replaced or
repaired during Defects Liability Period or the extended Defects Liability Period, as
the case may be, would be further warranted for a period of 12 (twelve) months
from the date of completion of such repair and replacement and Performance
Security to that extent shall be furnished by the Contractor to the Authority.

15.6.3. The Contractor shall upon termination or expiry of this Contract Agreement, or
upon expiry of Defects Liability Period, assign any outstanding benefit in respects

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of any subcontract or any warranty from any subcontractor, to the Authority or to
such other person as the Authority may direct.

16. Authority’s PMC

16.1. Authority’s PMC

16.1.1. The Authority has appointed a Project Management Consultant (PMC) (the
“Authority’s PMC”) to monitor and supervise the progress of the Project as well as
to carry the functions and duties as mentioned in this Article 16

16.2. Duties and authority of the Authority’s PMC

16.2.1. The Authority’s PMC shall perform its duties and discharge its functions in
accordance with the provisions of the agreement signed between the Authority and
the Authority’s PMC.

16.3. Instructions of the Authority’s PMC

16.3.1. The Authority’s PMC may issue to the Contractor instructions for remedying any
Defect.

16.3.2. The instructions issued by the Authority’s PMC, if any, shall be in writing.
However, if the Authority’s PMC issues any oral instructions to the Contractor, it
shall confirm in writing the oral instructions within 2 (two) working days of issuing
them.

16.3.3. In case the Contractor does not receive the confirmation of the oral instruction
within the time specified in Clause 16.3.2, the Contractor shall seek the written
confirmation of the oral instructions from the Authority’s PMC and shall obtain
acknowledgement from the Authority’s PMC of the communication seeking written
confirmation.

17. Payments

17.1. Contract Price

17.1.1. The Authority shall make payments to the Contractor for the Works on the basis of
lowest Lumpsum Amount for implementation of Project offered by the Contractor
in its Financial Bid and accepted by Authority after negotiation, if any, in
consideration of the obligations specified in this Contract Agreement for an
amount of Rs…………….. (in words…………………….) (the “Contract Price”). The
Parties further agree that save and except as provided in this Contract Agreement,

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the Contract Price shall be valid and effective until issue of Completion
Certificate.

17.1.2. The Contract Price includes all applicable taxes, duties, cess, surcharges, levies,
sales tax, VAT, GST, service tax, Swachh Bharat cess, education cess, etc. and fee
that may be levied in accordance with the laws and regulation in force for entire
term of subsistence of this Contract Agreement. Nothing in this Contract
Agreement shall relieve the Contractor from its responsibility to pay tax including
any tax that may be levied in India on profits made by it in respect of this Contract
Agreement.

17.1.3. The Contract Price shall not be adjusted for any change in duties, taxes,
introduction of new taxes etc. as specified in Clause 17.1.2 above and escalation in
cost due to price variations, save and except as specified in Clauses 17.13.

17.1.4. The Contract Price shall not be adjusted to take account of any unforeseen
difficulties or costs, unless otherwise provided for in this Contract Agreement.

17.1.5. Unless otherwise specified in this Agreement, the Contract Price covers all the
Contractor’s obligations for the Works under this Contract Agreement and all the
things necessary for the Construction of Project thereof and for the rectification of
any Defects in the Project.

17.1.6. All payments under this Contract Agreement shall be made in Indian Rupees.

17.2. Payment Milestone

17.2.1. Payment to the Contractor shall be made as per the payment milestones (not
necessarily in sequence) given below in accordance with the provisions of this
Article 17.

Payment to be made to
S. N. Work Description the Contractor (%age of
Contract Price)

1 On approval of Design & Drawings and DPR 1%

On completion of excavation of foundation,


2 laying PCC under the foundation including 1%
anti termite treatment, etc

On completion of structure works upto


3 2%
plinth level including casting of plinth area

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Payment to be made to
S. N. Work Description the Contractor (%age of
Contract Price)

beam, all water proofing, plinth protection


etc works as required.

On completion of structural work upto roof


level of ground floor including casting of RC
4 4%
roof of ground floor all masonry work and
PCC under the floor as required.

On completion of structural work up to roof


level of upper ground floor including
5 5%
casting of RC roof of upper ground floor, all
masonry work as required.

On completion of structural work up to first


floor including casting of RC roof of first
6 5%
floor including all masonry work as
required.

On completion of structural work of tubular


trusses over the arena including providing
7 5%
primer coat and painting of trusses
(excluding the final coat)

On completion of covering of arena with


8 polycarbonate sheet (include the final coat 6%
on trusses).

On completion of stair case, structural work


9 of the tiered steps, parapet, masonry walls, 4%
and partition walls, etc.

On providing and fixing door frames in the


10 2%
entire building.

On completion of lying of water supply pipe


11 5%
lines, rain water pipe lines internal and

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Payment to be made to
S. N. Work Description the Contractor (%age of
Contract Price)

external, connection to tanks, internal as


well as external sewers line, drainage lines
upto manholes etc complete.

On completion of internal Plaster work of


12 ground floor, upper ground floor, first floor 3%
including partition walls, structural, etc.

On completion of external plaster including


13 elevation, construction of chajjas & shades, 3%
copings, etc.

On completion of water proofing treatment


14 5%
internal & external, tanks, etc.

On completion of flooring works of all level,


toilet, sports arena, granite counter,
15 7%
service counter, toilet partition, staircase,
etc.

On providing and fixing doors in the entire


16 6%
building.

On providing and fixing windows in the


17 4%
entire building.

On completion of tiles & stone work in Dado


19 in corridors, staircases, toilets and fixing of 4%
stair case hand rail etc.

On completion of providing and fixing


complete fittings of all doors, windows,
20 2%
shutters, grills, jalis, railings etc. and pre
final coat of paint /polish, etc.

21 Upon fixing sanitary wares, water supply 2%

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Payment to be made to
S. N. Work Description the Contractor (%age of
Contract Price)

fittings such as bib cocks, pillar cocks,


mixers for hot and cold water in toilets and
any other fittings & fixtures as required.

On completion of electric work & fixtures


including wiring for TV & telephone cables,
LAN, CCTV, audio video systems, conduit
22 fixing, electric box fitting and MDBs/SDBs 5%
fitting in entire building and cable laying
from substation to each panel box, exhaust
fans, electric fixtures, etc.

23 On installation & fixing tip-up seats 2%

On finishing of terrace with water proofing


treatment including flooring, providing gola
at the junction of parapet and roof, cement
24 4%
concrete coping on parapet and all other
finishing items on the roof including RC
overhead tanks

On completion of outer area development


i.e. parking, internal roads, ramp flooring,
25 outer step flooring, porch, hardscaping, 6%
landscaping, campus lighting, or any other
external works.

On completion of all finishing items like


final grinding and rubbing of floors
(including polishing), final coat of
26 3%
paint/distemper, clearing of the site of
debris/surplus earth, levelling and dressing
complete

27 After completion of all works and handing 4%

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Payment to be made to
S. N. Work Description the Contractor (%age of
Contract Price)

over of fully functional building.

17.2.2. Part payment shall be admissible on part execution of the Works; e.g. 4% payment
is indicated on providing and fixing doors in the entire building. If the work of
providing and fixing doors has been partially completed, part proportional payment
shall be admissible to the Contractor as may be deemed appropriate by Authority.

17.2.3. For seeking part payment, the Contractor may raise its bill; however, the decision
of the Authority regarding the extent to which part payment is admissible shall be
final and the Contractor shall be bound by such decision.

17.3. Procedure for Estimating the Payment for the Works

17.3.1. The Authority shall make stage payments to the Contractor as recommended by
the Authority’s PMC on completion of a stage in accordance with the proportion of
the Contract Price assigned to each stage as mentioned in Clause 17.2.

17.3.2. The Contractor shall make its claim for stage payment for the stages completed
and valued in accordance with Clause 17.3.1, supported with necessary particulars
and documents in accordance with this Contract Agreement.

17.4. Stage Payment Statement

17.4.1. The Contractor shall submit a statement (the “Stage Payment Statement”) to the
Authority and Authority’s PMC upon completion of each stage as mentioned in
Clause 17.2 showing the amount calculated in accordance with Clause 17.3 to
which the Contractor considers himself entitled for completed stage(s) of the
Works. The Stage Payment Statement shall be accompanied with the progress
reports and other supporting documents as appropriate.

17.5. Stage Payment

17.5.1. Within reasonable time of receipt of the Stage Payment Statement from the
Contractor pursuant to Clause 17.4, the Authority’s PMC shall broadly determine
the amount due to the Contractor and recommend the release of the amount so
determined as part/full payment against the Stage Payment Statement. Within 45
(forty five) days of the receipt of recommendation of the Authority’s PMC, unless
there is no disputed item of claim, the Authority shall release payment the

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Contractor. Payments to the Contractor under this Agreement shall be subject to
TDS (Tax Deducted at Source) and any other deduction as per the applicable tax
laws in India.

17.5.2. NOT USED

17.5.3. In cases where there is a difference of opinion as to the value of any stage the
Authority’s view shall prevail and stage payments or part of stage payment shall be
made to the Contractor.

17.5.4. The Authority may, for reasons to be recorded, withhold from payment:

a) the estimated value of work or obligation that the Contractor has failed to
perform in accordance with this Contract Agreement and the Authority’s PMC
had notified the Authority; and

b) the estimated cost of rectification of work done being not in accordance with
this Contract Agreement.

17.5.5. Payments by the Authority hereunder shall be deemed to be provisional and shall
not be construed as the Authority's acceptance, approval, consent or satisfaction
with the work done.

17.6. NOT USED

17.7. NOT USED

17.8. NOT USED

17.9. NOT USED

17.10. Final Payment Statement

17.10.1. Within 60 (sixty) days after receiving the Completion Certificate under Clause
12.4, the Contractor shall submit to the Authority and the Authority’s PMC copy of
Final Payment Statement (the “Final Payment Statement”) with supporting
documents, in the form prescribed by the Authority in respect of:

a) the summary of Contractor’s Stage Payment Statements for Works as


submitted in accordance with Clause 17.4;

b) the amounts received from the Authority against each claim; and

c) any further sums which the Contractor considers due to it from the
Authority.

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17.10.2. If the Authority’s PMC disagrees with or cannot verify any part of the Final
Payment Statement, the Contractor shall submit such further information as the
Authority’s PMC may reasonably require.

17.10.3. The Authority’s PMC shall deliver to the Authority within reasonable time:

(i) recommendation for release of payment for those parts of the Final
Payment Statement which are not in dispute, along with a list of
disputed items which shall then be settled in accordance with the
provisions of Article 24; or

(ii) Recommendation for release of full payment of the Final Payment


Statement in accordance with Clause 17.15 if there are no disputed
items.

17.11. Discharge

17.11.1. Upon submission of the Final Payment Statement for Works under Clause 17.10,
the Contractor shall give to the Authority, with a copy to the Authority’s PMC, a
written discharge confirming that the total of the Final Payment Statement
represents full and final settlement of all monies due to the Contractor in respect
of this Contract Agreement for all the Works arising out of this Agreement, except
for any monies due to either Party on account of any Defect.

17.12. NOT USED

17.13. Change in Law

17.13.1. If as a result of Change in Law, the Contractor suffers any additional costs in the
execution of the Works or in relation to the performance of its other obligations
under this Contract Agreement, the Contractor shall, within 15 (fifteen) days from
the date it becomes reasonably aware of such addition in cost, notify the Authority
with a copy to the Authority’s PMC of such additional cost due to Change in Law.

17.13.2. If as a result of Change in Law, the Contractor benefits from any reduction in costs
for the execution of this Contract Agreement or in accordance with the provisions
of this Contract Agreement, either Party shall, within 15 (fifteen) days from the
date it becomes reasonably aware of such reduction in cost, notify the other Party
of such reduction in cost due to Change in Law.

17.13.3. The Authority shall, within 15 (fifteen) days from the date of receipt of the notice
from the Contractor or the Authority, determine any addition or reduction to the
Contract Price, as the case may be, due to the Change in Law.

17.14. NOT USED

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17.15. Authority’s Claim

17.15.1. If the Authority considers itself to be entitled to any payment from the Contractor
under any Clause of this Agreement, it shall give notice and particulars to the
Contractor 15 (fifteen) days before making the recovery from any amount due to
the Contractor, and shall take into consideration the representation, if any, made
by the Contractor in this behalf, before making such recovery.

17.16. NOT USED

18. Insurance

18.1. Insurance for Works

18.1.1. The Contractor shall effect and maintain at its own cost the insurances specified
herein below and as per the requirements under the Applicable Laws.

A. Insurance during Design & Construction Period

(i) The Contractor shall effect and maintain at its own cost, from the Appointed Date
till the date of issue of the Completion Certificate, the following insurances for
any loss or damage occurring on account of Non Political Event of Force Majeure,
malicious act, accident damage, explosion, fire and terrorism:

a) insurance of Works, Plant and workmanship of an additional sum sufficient to


cover any additional costs of and incidental to the rectification of loss or
damage including cost of demolishing and removing any part of the Works and
of removing debris of whatsoever nature; and

b) insurance for the Contractor’s equipment and Documents brought onto the
Project Site by the Contractor, for a sum sufficient to provide for their
replacement at the Project Site.

(ii) The insurance under 18.1.1 (A) (i) (a) and (b) above shall cover the Authority and
the Contractor against all loss and damage from any cause arising under Clause
18.1.1 (A) (i) other than risks which are not insurable at commercial terms.

B. Insurance for Contractor’s Defect Liability

The Contractor shall effect and maintain insurance cover for the Works from the
date issue of the Completion Certificate until the end of the Defects Liability
Period for any loss or damage for which the Contractor is liable which arises from a
cause occurring prior to the issue of the Completion Certificate. The Contractor

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shall also maintain other insurances for maximum sums as may be required under
Applicable Laws and in accordance with Good Industry Practice.

C. Insurance against Injury to Persons and Damages to Property

(i) The Contractor shall insure against its liability for any loss, damage, death or
bodily injury, or damage to any property [except things insured under Clause
18.1.1 (A) and (B)] which may arise out of the Contractor’s performance of this
Contract Agreement.

(ii) The insurance shall be extended to cover liability for all loss and damage to the
Authority’s property arising out of the Contractor’s performance of this Contract
Agreement.

18.1.2. Subject to the provisions of Clause 19.6, the Authority and the Contractor shall, in
accordance with its obligations as provided for in this Contract Agreement, be
liable to bear the cost of any loss or damage (caused by the respective Party) that
does not fall within the scope of this Article 18 or cannot be recovered from the
insurers.

18.1.3. The Contractor shall fully indemnify, hold harmless and defend the Authority from
and against any and all losses, damages, costs, charges and/or claims with respect
to:

a) the death of or injury to any person; or

b) the loss of or damage to any property (other than the Works);

that may arise out of or in consequence of any breach by the Contractor of this
Contract Agreement during the execution of the Works or the remedying of any
Defects therein.

18.1.4. NOT USED

18.1.5. NOT USED

18.1.6. Without prejudice to the obligations of the Contractor as specified under Clauses
18.1.3, the Contractor shall maintain or effect such third party insurances as may
be required under the Applicable Laws.

18.1.7. The Contractor shall maintain professional liability insurance to cover the risk of
professional negligence in the design of Works. The professional liability coverage
shall be for a sum of not less than [3% (three percent)] of the Contract Price and
shall be maintained until the end of the Defects Liability Period.

18.2. Notice to the Authority

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18.2.1. No later than 15 (fifteen) days from the Appointed Date, the Contractor shall by
notice furnish to the Authority, in reasonable detail, information in respect of the
insurances that it proposes to effect and maintain in accordance with this Article
18.

18.3. Evidence of Insurance Cover

18.3.1. All insurances obtained by the Contractor in accordance with this Article 18 shall
be maintained with insurers on terms consistent with Good Industry Practice.
Within 30 (thirty) days from the Appointed Date, the Contractor shall furnish to
the Authority notarised true copies of the certificate(s) of insurance, copies of
insurance policies and premia payment receipts in respect of such insurance, and
no such insurance shall be cancelled, modified, or allowed to expire or lapse until
the expiration of at least 45 (forty five) days after notice of such proposed
cancellation, modification or non-renewal has been delivered by the Contractor to
the Authority. The Contractor shall act in accordance with the directions of the
Authority.

18.3.2. The Contractor shall procure and ensure the adequacy of the insurances at all
times in accordance with the provisions of this Contract Agreement.

18.4. Remedy for Failure to Insure

If the Contractor fails to effect and keep in force all insurances for which it is
responsible pursuant hereto, the Authority shall have the option to either keep in
force any such insurances, and pay such premia and recover the costs thereof from
the Contractor, or in the event of computation of a Termination Payment, treat an
amount equal to the Insurance Cover as deemed to have been received by the
Contractor.

18.5. Waiver of Subrogation

All insurance policies in respect of the insurance obtained by the Contractor


pursuant to this Article 18 shall include a waiver of any and all rights of
subrogation or recovery of the insurers thereunder against, inter alia, the
Authority, and its assigns, successors, undertakings and their subsidiaries,
Affiliates, employees, insurers and underwriters, and of any right of the insurers to
any set-off or counterclaim or any other deduction, whether by attachment or
otherwise, in respect of any liability of any such person insured under any such
policy or in any way connected with any loss, liability or obligation covered by such
policies of insurance.

18.6. Contractor’s Waiver

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The Contractor hereby further releases, assigns and waives any and all rights of
subrogation or recovery against, inter alia, the Authority and its assigns,
undertakings and their subsidiaries, employees, Authority’s PMC, successors,
insurers and underwriters, which the Contractor may otherwise have or acquire in
or from or in any way connected with any loss, liability or obligation covered by
policies of insurance maintained or required to be maintained by the Contractor
pursuant to this Contract Agreement (other than third party liability insurance
policies) or because of deductible clauses in or inadequacy of limits of any such
policies of insurance.

18.7. Cross Liabilities

Any such insurance maintained or effected in pursuance of this Article 18 shall


include a cross liability clause such that the insurance shall apply to the Contractor
and to the Authority as separately insured.

18.8. Accident or Injury to Workmen

Notwithstanding anything stated in this Contract Agreement, it is hereby expressly


agreed between the Parties that the Authority shall not be liable for or in respect
of any damages or compensation payable to any workman or other person in the
employment of the Contractor or Sub-contractor. The Contractor shall indemnify
and keep indemnified the Authority from and against all such claims, proceedings,
damages, costs, charges, and expenses whatsoever in respect of the above.

18.9. Insurance Against Accident to Workmen

The Contractor shall effect and maintain during the Contract Agreement such
insurances as may be required to insure the Contractor’s personnel and any other
persons employed by it on the Project from and against any liability incurred in
pursuance of this Article 18. Provided that for the purposes of this Clause 18.9, the
Contractor’s personnel/any person employed by the Contractor shall include the
Sub-contractor and its personnel. Provided further that in respect of any persons
employed by any Sub-contractor, the Contractor's obligations to insure as aforesaid
under this Clause shall be discharged if the Sub-contractor shall have insured
against any liability in respect of such persons in such manner that the Authority is
indemnified under the policy. The Contractor shall require such Sub-contractor to
produce before the Authority, when required, such policy of insurance and the
receipt for payment of the current premium within 10 (ten) days of such demand
being made by the Authority.

18.10. Application of Insurance Proceeds

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The proceeds from all insurance claims, except for life and injury, shall be applied
for any necessary repair, reconstruction, reinstatement, replacement,
improvement, delivery or installation of the Project and the provisions of this
Contract Agreement in respect of construction of works shall apply mutatis
mutandis to the works undertaken out of the proceeds of insurance.

18.11. Compliance with Policy Conditions

The Contractor hereby expressly agrees to fully indemnify the other Party from
and against all losses and claims arising from its failure to comply with conditions
imposed by the insurance policies effected in accordance with this Contract
Agreement.

19. Force Majeure

19.1. Force Majeure

As used in this Contract Agreement, the expression “Force Majeure” or “Force


Majeure Event” shall mean occurrence in India of any or all of Non-Political Event,
Indirect Political Event and Political Event, as defined in Clauses 19.2, 19.3 and
19.4 respectively, if it affects the performance by the Party claiming the benefit
of Force Majeure (the “Affected Party”) of its obligations under this Contract
Agreement and which act or event (i) is beyond the reasonable control of the
Affected Party, and (ii) the Affected Party could not have prevented or overcome
by exercise of due diligence and following Good Industry Practice, and (iii) has
Material Adverse Effect on the Affected Party.

19.2. Non-Political Event

A Non-Political Event shall mean one or more of the following acts or events:

a) act of God, epidemic, extremely adverse weather conditions, lightning,


earthquake, landslide, cyclone, flood, volcanic eruption, chemical or
radioactive contamination or ionising radiation, fire or explosion (to the
extent of contamination or radiation or fire or explosion originating from a
source external to the Project);

b) strikes or boycotts (other than those involving the Contractor,


Subcontractors or their respective employees/representatives, or
attributable to any act or omission of any of them) interrupting supplies and

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services to the Project for a continuous period of 24 (twenty-four) hours and
an aggregate period exceeding 10 (ten) days in an Accounting Year, and not
being an Indirect Political Event set forth in Clause 19.3;

c) any failure or delay of a Sub-contractor but only to the extent caused by


another Non-Political Event;

d) any judgement or order of any court of competent jurisdiction or statutory


authority made against the Contractor in any proceedings for reasons other
than (i) failure of the Contractor to comply with any Applicable Law or
Applicable Permit, or (ii) on account of breach of any Applicable Law or
Applicable Permit or of any contract, or (iii) enforcement of this Contract
Agreement, or (iv) exercise of any of its rights under this Contract
Agreement by the Authority; or (v) breach of its obligations by the
Contractor under its sub-contracts;

e) the discovery of geological conditions, toxic contamination or archaeological


remains on the Project that could not reasonably have been expected to be
discovered through a site inspection; or

f) any event or circumstances of a nature analogous to any of the foregoing.

19.3. Indirect Political Event

An Indirect Political Event shall mean one or more of the following acts or events:

a) an act of war (whether declared or undeclared), invasion, armed conflict or


act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or
military action, civil commotion or politically motivated sabotage;

b) industry-wide or State-wide strikes or industrial action for a continuous


period of 24 (twenty-four) hours and exceeding an aggregate period of 10
(ten) days in an Accounting Year;

c) any civil commotion, boycott or political agitation which prevents


construction of the Project by the Contractor for an aggregate period
exceeding 10 (ten) days in an Accounting Year;

d) failure of the Authority to permit the Contractor to continue with its Works,
with or without modification, in the event of stoppage of such works after
discovery of any geological or archeological finds;

e) any failure or delay of a Sub-contractor to the extent caused by any Indirect


Political Event;

f) any Indirect Political Event that causes a Non-Political Event; or


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g) any event or circumstances of a nature analogues to any of the foregoing

19.4. Political Event

A Political Event shall mean one or more of the following acts or events by or on
account of any Government Instrumentality:

a) Change in Law, only if consequences thereof cannot be dealt with under and
in accordance with the provisions of Clause 17.13;

b) compulsory acquisition in national interest or expropriation of any Project


Assets or rights of the Contractor or of the Sub-contractors;

c) unlawful or unauthorised or without jurisdiction revocation of, or refusal to


renew or grant without valid cause, any clearance, licence, permit,
authorisation, no objection certificate, consent, approval or exemption
required by the Contractor or any of the Sub-contractors to perform their
respective obligations under this Contract Agreement; provided that such
delay, modification, denial, refusal or revocation did not result from the
Contractor’s or any Sub-contractor’s inability or failure to comply with any
condition relating to grant, maintenance or renewal of such clearance,
licence, authorisation, no objection certificate, exemption, consent,
approval or permit;

d) any failure or delay of a Sub-contractor but only to the extent caused by


another Political Event; or

e) any event or circumstances of a nature analogous to any of the foregoing.

19.5. Duty to report Force Majeure Event

19.5.1. Upon occurrence of a Force Majeure Event, the Affected Party shall by notice
report such occurrence to the other Party forthwith. Any notice pursuant hereto
shall include full particulars of:

a) the nature and extent of each Force Majeure Event which is the subject of
any claim for relief under this Article 19 with evidence in support thereof;

b) the estimated duration and the effect or probable effect which such Force
Majeure Event is having or will have on the Affected Party’s performance of
its obligations under this Contract Agreement;

c) the measures which the Affected Party is taking or proposes to take for
alleviating the impact of such Force Majeure Event; and

d) any other information relevant to the Affected Party’s claim.

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19.5.2. The Affected Party shall not be entitled to any relief for or in respect of a Force
Majeure Event unless it shall have notified the other Party of the occurrence of the
Force Majeure Event as soon as reasonably practicable, and in any event no later
than 10 (ten) days after the Affected Party knew, or ought reasonably to have
known, of its occurrence, and shall have given particulars of the probable material
effect that the Force Majeure Event is likely to have on the performance of its
obligations under this Contract Agreement.

19.5.3. For so long as the Affected Party continues to claim to be materially affected by
such Force Majeure Event, it shall provide the other Party with regular (and not
less than weekly) reports containing information as required by Clause 19.5.1, and
such other information as the other Party may reasonably request the Affected
Party to provide.

19.6. Effect of Force Majeure Event on the Contract Agreement

19.6.1. Upon the occurrence of any Force Majeure

a) prior to the Appointed Date, both parties shall bear their respective Force
Majeure costs.

b) after to the Appointed Date, the costs incurred and attributable to such
event and directly relating to this Contract Agreement (the “Force Majeure
costs”) shall be allocated and paid as follows:

(i) upon occurrence of a Non-Political Event, the Parties shall bear their
respective Force Majeure costs and neither Party shall be required to
pay to the other Party any costs thereof;

(ii) upon occurrence of an Indirect Political Event, all Force Majeure costs
attributable to such Indirect Political Event, and not exceeding the
Insurance Cover for such Indirect Political Event, shall be borne by the
Contractor, and to the extent Force Majeure costs exceed such
Insurance Cover, one half of such excess amount shall be reimbursed
by the Authority to the Contractor for the Force Majeure events; and

(iii) upon occurrence of a Political Event, all Force Majeure costs


attributable to such Political Event shall be reimbursed by the
Authority to the Contractor.

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For the avoidance of doubt, Force Majeure costs may include costs directly
attributable to the Force Majeure Event, but shall not include debt
repayment obligations, if any, of the Contractor.

19.6.2. Save and except as expressly provided in this Article 19, neither Party shall be
liable in any manner whatsoever to the other Party in respect of any loss, damage,
cost, expense, claims, demands and proceedings relating to or arising out of
occurrence or existence of any Force Majeure Event or exercise of any right
pursuant hereto.

19.6.3. Upon the occurrence of any Force Majeure Event during the Design & Construction
Period, the Construction Completion Schedule for and in respect of the affected
Works shall be extended on a day for day basis for such period as performance of
the Contractor’s obligations is affected on account of the Force Majeure Event or
its subsisting effects, as may be determined by the Authority.

19.6.4. Force Majeure cost for any event which result in any offsetting compensation being
payable to the Contractor by and on behalf of its Sub-contractors shall be reduced
by such amounts that are payable to the Contractor by its Sub-contractors.

19.7. Termination Notice for Force Majeure Event

If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a
continuous period of 120 (one hundred and twenty) days, either Party may in its
discretion terminate this Contract Agreement by issuing a Termination Notice to
the other Party without being liable in any manner whatsoever, save as provided in
this Article 19, and upon issue of such Termination Notice, this Contract
Agreement shall, notwithstanding anything to the contrary contained herein, stand
terminated forthwith; provided that before issuing such Termination Notice, the
Party intending to issue the Termination Notice shall inform the other Party of
such intention and grant 15 (fifteen) days time to make a representation, and may
after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of
such representation, in its sole discretion issue the Termination Notice.

19.8. Termination Payment for Force Majeure Event

19.8.1. In the event of this Contract Agreement being terminated on account of a Non-
Political Event, the Termination Payment shall be an amount equal to the sum
payable under Clause 21.5.

19.8.2. If Termination is on account of an Indirect Political Event, the Termination


Payment shall include:

a) any sums due and payable under Clause 21.5; and


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b) the reasonable cost, as determined by the Authority, of the Plant and
Materials procured by the Contractor and transferred to the Authority for
use in Works, only if such Plant and Materials are in conformity with the
Specifications and Standards;

If Termination is on account of a Political Event, the Authority shall make a


Termination Payment to the Contractor in an amount that would be payable under
Clause 21.6.2 as if it were an Authority Default.

19.9. Dispute resolution

19.9.1. In the event that the Parties are unable to agree in good faith about the
occurrence or existence of a Force Majeure Event, such Dispute shall be finally
settled in accordance with the Dispute Resolution Procedure; provided that the
burden of proof as to the occurrence or existence of such Force Majeure Event
shall be upon the Party claiming relief and/or excuse on account of such Force
Majeure Event.

19.10. Excuse from Performance of Obligations

19.10.1. If the Affected Party is rendered wholly or partially unable to perform its
obligations under this Contract Agreement because of a Force Majeure Event, it
shall be excused from performance of such of its obligations to the extent it is
unable to perform on account of such Force Majeure Event; provided that:

a) the suspension of performance shall be of no greater scope and of no


longer duration than is reasonably required by the Force Majeure Event;

b) the Affected Party shall make all reasonable efforts to mitigate or limit
damage to the other Party arising out of or as a result of the existence or
occurrence of such Force Majeure Event and to cure the same with due
diligence; and

c) when the Affected Party is able to resume performance of its obligations


under this Contract Agreement, it shall give to the other Party notice to
that effect and shall promptly resume performance of its obligations
hereunder.

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20. Suspension of Contractor’s Rights

20.1. Suspension upon Contractor Default

Upon occurrence of a Contractor Default, the Authority shall be entitled, without


prejudice to its other rights and remedies under this Contract Agreement including
its rights of Termination hereunder, to (a) suspend carrying out of the Works or
any part thereof, and (b) carry out such Works itself or authorise any other person
to exercise or perform the same on its behalf during such suspension (the
“Suspension”). Suspension hereunder shall be effective forthwith upon issue of
notice by the Authority to the Contractor and may extend up to a period not
exceeding 90 (ninety) days from the date of issue of such notice.

20.2. Authority to Act on Behalf of Contractor

During the period of Suspension hereunder, all rights and liabilities vested in the
Contractor in accordance with the provisions of this Contract Agreement shall
continue to vest therein and all things done or actions taken, including
expenditure incurred by the Authority for discharging the obligations of the
Contractor under and in accordance with this Contract Agreement shall be deemed
to have been done or taken for and on behalf of the Contractor and the Contractor
undertakes to indemnify the Authority for all costs incurred during such period.
The Contractor hereby licences and sub-licences respectively, the Authority or any
other person authorised by it under Clause 20.1 to use during Suspension, all
Intellectual Property belonging to or licensed to the Contractor with respect to the
Project and its design, engineering, procurement and construction and which is
used or created by the Contractor in performing its obligations under the Contract
Agreement.

20.3. Revocation of Suspension

20.3.1. In the event that the Authority shall have rectified or removed the cause of
Suspension within a period not exceeding 60 (sixty) days from the date of
Suspension, it shall revoke the Suspension forthwith and restore all rights of the
Contractor under this Contract Agreement. For the avoidance of doubt, the Parties
expressly agree that the Authority may, in its discretion, revoke the Suspension at
any time, whether or not the cause of Suspension has been rectified or removed
hereunder.

20.3.2. Upon the Contractor having cured the Contractor Default within a period not
exceeding 60 (sixty) days from the date of Suspension, the Authority shall revoke

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the Suspension forthwith and restore all rights of the Contractor under this
Contract Agreement.

20.4. Termination

20.4.1. At any time during the period of Suspension under this Article 20, the Contractor
may by notice require the Authority to revoke the Suspension and issue a
Termination Notice. The Authority shall, within 15 (fifteen) days of receipt of such
notice, terminate this Contract Agreement under and in accordance with Article
21.1.

20.4.2. Notwithstanding anything to the contrary contained in this Contract Agreement, in


the event that Suspension is not revoked within 90 (ninety) days from the date of
Suspension hereunder, the Contract Agreement shall, upon expiry of the aforesaid
period, be deemed to have been terminated by mutual Contract Agreement of the
Parties and all the provisions of this Contract Agreement shall apply, mutatis
mutandis, to such Termination as if a Termination Notice had been issued by the
Authority upon occurrence of a Contractor Default.

21. Termination

21.1. Termination for Contractor Default

21.1.1. Save as otherwise provided in this Contract Agreement, in the event that any of
the defaults specified below shall have occurred, and the Contractor fails to cure
the default within the Cure Period set forth below, or where no Cure Period is
specified, then within a Cure Period of 60 (sixty) days, the Contractor shall be
deemed to be in default of this Contract Agreement (the “Contractor Default”),
unless the default has occurred solely as a result of any breach of this Contract
Agreement by the Authority or due to Force Majeure. The defaults referred to
herein shall include:

a) the Contractor fails to provide, extend or replenish, as the case may be,
the Performance Security in accordance with this Contract Agreement;

b) subsequent to the replenishment or furnishing of fresh Performance


Security in accordance with Clause 7.3, the Contractor fails to cure,
within a Cure Period of 30 (thirty) days, the Contractor Default for which
the whole or part of the Performance Security was appropriated;

c) the Contractor does not achieve any outstanding Project Milestone,


subject to any Time Extension, and continues to be in default for 45
(forty five) days;

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d) the Contractor abandons or manifests intention to abandon the
construction of the Project without the prior written consent of the
Authority;

e) the Contractor fails to proceed with the Works in accordance with the
provisions of Clause 10.1 or stops Works for 30 (thirty) days without
reflecting the same in the current programme and such stoppage has not
been authorised by the Authority’s PMC;

f) the Construction Completion Date does not occur within the period
specified in this Contract Agreement for the Scheduled Completion Date,
or any extension thereof;

g) failure to complete the Punch List items within the periods stipulated
therefor in Clause 12.3;

h) the Contractor fails to rectify any Defect, the non rectification of which
shall have a Material Adverse Effect on the Project, within the time
specified in this Contract Agreement or as directed by the Authority’s
PMC;

i) the Contractor subcontracts the Works or any part thereof in violation of


this Contract Agreement or assigns any part of the Works without the
prior approval of the Authority;

j) the Contractor creates any Encumbrance in breach of this Contract


Agreement;

k) an execution levied on any of the assets of the Contractor has caused a


Material Adverse Effect ;

l) the Contractor is adjudged bankrupt or insolvent, or if a trustee or


receiver is appointed for the Contractor or for the whole or material part
of its assets that has a material bearing on the Project;

m) the Contractor has been, or is in the process of being liquidated,


dissolved, wound-up, amalgamated or reconstituted in a manner that
would cause, in the reasonable opinion of the Authority, a Material
Adverse Effect;

n) a resolution for winding up of the Contractor is passed, or any petition for


winding up of the Contractor is admitted by a court of competent
jurisdiction and a provisional liquidator or receiver is appointed and such
order has not been set aside within 90 (ninety) days of the date thereof or

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the Contractor is ordered to be wound up by court except for the purpose
of amalgamation or reconstruction; provided that, as part of such
amalgamation or reconstruction, the entire property, assets and
undertaking of the Contractor are transferred to the amalgamated or
reconstructed entity and that the amalgamated or reconstructed entity
has unconditionally assumed the obligations of the Contractor under this
Contract Agreement; and provided that:

(i) the amalgamated or reconstructed entity has the capability and


experience necessary for the performance of its obligations under
this Contract Agreement; and

(ii) the amalgamated or reconstructed entity has the financial


standing to perform its obligations under this Contract Agreement
and has a credit worthiness at least as good as that of the
Contractor as at the Appointed Date;

o) any representation or warranty of the Contractor herein contained which


is, as of the date hereof, found to be materially false or the Contractor is
at any time hereafter found to be in breach thereof;

p) the Contractor submits to the Authority any statement, notice or other


document, in written or electronic form, which has a material effect on
the Authority’s rights, obligations or interests and which is false in
material particulars;

q) the Contractor has failed to fulfil any obligation, for which failure
Termination has been specified in this Contract Agreement; or

r) the Contractor has failed to make any payment to the Authority within
period specified in this Contract Agreement;

s) the Contractor commits a default in complying with any other provision of


this Contract Agreement if such a default causes a Material Adverse Effect
on the Project or on the Authority.

21.1.2. Without prejudice to any other rights or remedies which the Authority may have
under this Contract Agreement, upon occurrence of a Contractor Default, the
Authority shall be entitled to terminate this Contract Agreement by issuing a
Termination Notice to the Contractor; provided that before issuing the
Termination Notice, the Authority shall by a notice inform the Contractor of its
intention to issue such Termination Notice and grant 15 (fifteen) days to the
Contractor to make a representation, and may after the expiry of such 15 (fifteen)

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days, whether or not it is in receipt of such representation, issue the Termination
Notice.

21.1.3. After termination of this Contract Agreement for Contractor Default, the Authority
may complete the Works and/or arrange for any other entities to do so. The
Authority and these entities may then use any Materials, Plant and equipment,
Contractor’s document and other design documents made by or on behalf of the
Contractor.

21.2. Termination for Authority Default

21.2.1. In the event that any of the defaults specified below shall have occurred, and the
Authority fails to cure such default within a Cure Period of 90 (ninety) days or such
longer period as has been expressly provided in this Contract Agreement, the
Authority shall be deemed to be in default of this Contract Agreement (the
“Authority Default”) unless the default has occurred as a result of any breach of
this Contract Agreement by the Contractor or due to Force Majeure. The defaults
referred to herein shall include:

a) the Authority commits a material default in complying with any of the


provisions of this Contract Agreement and such default has a Material
Adverse Effect on the Contractor;

b) the Authority has failed to make payment of any amount due and payable
to the Contractor within the period specified in this Contract Agreement
unless there is no dispute on the payments claimed by the Contractor;

c) the Authority repudiates this Contract Agreement or otherwise takes any


action that amounts to or manifests an irrevocable intention not to be
bound by this Contract Agreement; or

21.2.2. Without prejudice to any other right or remedy which the Contractor may have
under this Contract Agreement, upon occurrence of an Authority Default, the
Contractor shall be entitled to terminate this Contract Agreement by issuing a
Termination Notice to the Authority; provided that before issuing the Termination
Notice, the Contractor shall by a notice inform the Authority of its intention to
issue the Termination Notice and grant 15 (fifteen) days to the Authority to make a
representation, and may after the expiry of such 15 (fifteen) days, whether or not
it is in receipt of such representation, issue the Termination Notice.

21.3. Termination for Authority’s Convenience

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21.3.1. Notwithstanding anything stated hereinabove, the Authority may terminate this
Contract Agreement for convenience. The termination shall take effect 30 (thirty)
days from the date of notice hereunder.

21.4. Requirements after Termination

21.4.1. Upon Termination of this Contract Agreement in accordance with the terms of this
Article 21, the Contractor shall comply with and conform to the following:

a) deliver to the Authority all Plant and Materials which shall have become
the property of the Authority under this Article 21;

b) deliver all relevant records, reports, Intellectual Property and other


licences pertaining to the Works, other design documents and in case of
Termination occurring after the Completion Certificate has been issued,
the ‘as built’ drawings for the Works;

c) transfer and/or deliver all Applicable Permits to the extent permissible


under Applicable Laws; and

d) vacate the Project Site within 15 (fifteen) days.

21.5. Valuation of Unpaid Works

21.5.1. Within a period of 45 (forty-five) days after Termination under Clause 21.1, 21.2 or
21.3, as the case may be, has taken effect, the Authority shall proceed in
accordance with Clause 16.5 to determine as follows the valuation of unpaid Works
(the “Valuation of Unpaid Works”):

a) value of the completed stage of the Works, less payments already made;

b) reasonable value of the partially completed stages of works as on the date


of Termination, only if such works conform with the Specifications and
Standards.

and shall adjust from the sum thereof (i) any other amounts payable or
recoverable, as the case may be, in accordance with the provisions of this Contract
Agreement; and (ii) all taxes due to be deducted at source.

21.5.2. The Valuation of Unpaid Works shall be communicated to the Contractor.

21.6. Termination Payment

21.6.1. Upon Termination on account of Contractor’s Default under Clause 21.1:

a) the Authority shall encash and appropriate the Performance Security and in
the event the Contractor has failed to replenish or extend the Performance
Security, claim the amount stipulated in Clause 7.1.1, as agreed
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predetermined Damages, if any, to the Authority for any losses, delays and
cost of completing the Works, if any;

b) the Authority shall pay to the Contractor, by way of Termination Payment,


an amount equivalent to the Valuation of Unpaid Works after adjusting the
amount recoverable, if any, in accordance with provisions of this Contract
Agreement;

c) the Contractor shall pay to the Authority and amount equal to 20% (twenty
percent) of the cost of the Works that are not commenced or not completed.

21.6.2. Upon Termination on account of an Authority Default under Clause 21.2 or for
Authority’s convenience under Clause 21.3:

a) the Authority shall return the Performance Security;

b) the Authority shall pay to the Contractor, by way of Termination Payment,


an amount equal to:

(i) Valuation of Unpaid Works after adjusting the amount recoverable, if


any, in accordance with provisions of this Contract Agreement;

(ii) the reasonable cost, as determined by the Authority, of the Plant and
Materials procured by the Contractor and transferred to the Authority
for its use, only if such Plant and Materials are in conformity with the
Specifications and Standards;

(iii) the reasonable cost of temporary works, as determined by the


Authority; and

(iv) 10% (ten percent) of the cost of the Works that are not commenced
or not completed.

21.6.3. Termination Payment shall become due and payable to the Contractor within 30
(thirty) days of a demand being made by the Contractor to the Authority with the
necessary particulars, after the valuation of Unpaid Works has been communicated
by the Authority to the Contractor.

21.6.4. The Contractor expressly agrees that Termination Payment under this Article 21
shall constitute a full and final settlement of all claims of the Contractor on
account of Termination of this Contract Agreement and that it shall not have any
further right or claim under any law, treaty, convention, contract or otherwise.

21.7. Other Rights and Obligations of the Parties

Upon Termination for any reason whatsoever

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a) property and ownership in all Materials, Plant and Works and the Project
shall, as between the Contractor and the Authority, vest in the Authority in
whole; free from any and all Encumbrances; provided that the foregoing
shall be without prejudice to Clause 21.6

b) risk of loss or damage to any Materials, Plant or Works and the care and
custody thereof shall pass from the Contractor to the Authority; and

c) the Authority shall be entitled to restrain the Contractor and any person
claiming through or under the Contract Agreement from entering upon the
Project Site or any part of the Project except for taking possession of
materials, stores, implements, construction plants and equipment of the
Contractor, which have not been vested in the Authority in accordance
with provisions of this Contract Agreement.

21.8. Survival of Rights

21.8.1. Notwithstanding anything to the contrary contained in this Contract Agreement


any Termination pursuant to the provisions of this Contract Agreement shall be
without prejudice to the accrued rights of either Party including its right to claim
and recover money damages, insurance proceeds, security deposits, and other
rights and remedies, which it may have in law or Contract Agreement. All rights
and obligations of either Party under this Contract Agreement, including
Termination Payments, shall survive the Termination to the extent such survival is
necessary for giving effect to such rights and obligations.

22. Assignment and Charges

22.1. Restrictions on Assignment and Charges

22.1.1. This Contract Agreement shall not be assigned by the Contractor to any person,
save and except with the prior consent in writing of the Authority, which the
Authority shall be entitled to decline without assigning any reason.

22.2. Hypothecation of Materials or Plant

22.2.1. Notwithstanding the provisions of Clause 22.1, the Contractor may pledge or
hypothecate to its lenders, any Materials or Plant prior to their incorporation in
the Works. Further, the Contractor may, by written notice to the Authority, assign
its right to receive payments under this Contract Agreement either absolutely or
by way of charge, to any person providing financing to the Contractor in
connection with the performance of the Contractor’s obligations under this

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Contract Agreement. The Contractor acknowledges that any such assignment by
the Contractor shall not relieve the Contractor from any obligations, duty or
responsibility under this Contract Agreement. For the avoidance of doubt, all
Materials and Plants shall, upon their incorporation into Works, be free from any
and all Encumbrances without the Authority being required to make any payment
to any person on account of any costs, compensation, expenses and charges for
such Material, Plants and Works.

23. Liability and Indemnity

23.1. General Indemnity

23.1.1. The Contractor shall indemnify, defend, save and hold harmless the Authority and
its officers, servants, agents, Government Instrumentalities and Government
owned and/or controlled entities/enterprises, Authority’s PMC (the “Authority
Indemnified Persons”) against any and all suits, proceedings, actions, demands
and third party claims for any loss, damage, cost and expense of whatever kind
and nature, whether arising out of any breach by the Contractor of any of its
obligations under this Contract Agreement or from any negligence under the
Contract Agreement, including any errors or deficiencies in the design documents,
or tort or on any other ground whatsoever, except to the extent that any such
suits, proceedings, actions, demands and claims have arisen due to any negligent
act or omission, or breach or default of this Contract Agreement on the part of the
Authority Indemnified Persons.

23.2. Indemnity by the Contractor

23.2.1. Without limiting the generality of Clause 23.1, the Contractor shall fully
indemnify, hold harmless and defend the Authority and the Authority Indemnified
Persons from and against any and all loss and/or damages arising out of or with
respect to:

a) failure of the Contractor to comply with Applicable Laws and Applicable


Permits;

b) payment of taxes required to be made by the Contractor in respect of the


income or other taxes of the Sub-contractors, suppliers and representatives;
or

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c) non-payment of amounts due as a result of Materials or services furnished to
the Contractor or any of its Sub-contractors which are payable by the
Contractor or any of its Sub-contractors.

23.2.2. Without limiting the generality of the provisions of this Article 23, the Contractor
shall fully indemnify, hold harmless and defend the Authority Indemnified Persons
from and against any and all suits, proceedings, actions, claims, demands,
liabilities and damages which the Authority Indemnified Persons may hereafter
suffer, or pay by reason of any demands, claims, suits or proceedings arising out of
claims of infringement of any domestic or foreign patent rights, copyrights or other
intellectual property, proprietary or confidentiality rights with respect to any
materials, information, design or process used by the Contractor or by the Sub-
contractors in performing the Contractor’s obligations or in any way incorporated
in or related to the Project. If in any such suit, action, claim or proceedings, a
temporary restraint order or preliminary injunction is granted, the Contractor shall
make every reasonable effort, by giving a satisfactory bond or otherwise, to secure
the revocation or suspension of the injunction or restraint order. If, in any such
suit, action, claim or proceedings, the Project, nor any part thereof or comprised
therein, is held to constitute an infringement and its use is permanently enjoined,
the Contractor shall promptly make every reasonable effort to secure for the
Authority a licence, at no cost to the Authority, authorising continued use of the
infringing work. If the Contractor is unable to secure such licence within a
reasonable time, the Contractor shall, at its own expense, and without impairing
the Specifications and Standards, either replace the affected work, or part, or
process thereof with non-infringing work or part or process, or modify the same so
that it becomes non-infringing.

23.3. Notice and Contest of Claims

23.3.1. In the event that either Party receives a claim or demand from a third party in
respect of which it is entitled to the benefit of an indemnity under this Contract
Agreement (the “Indemnified Party”) it shall notify the other Party (the
“Indemnifying Party”) within 15 (fifteen) days of receipt of the claim or demand
and shall not settle or pay the claim without the prior approval of the Indemnifying
Party, which approval shall not be unreasonably withheld or delayed. In the event
that the Indemnifying Party wishes to contest or dispute the claim or demand, it
may conduct the proceedings in the name of the Indemnified Party, subject to the

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Indemnified Party being secured against any costs involved, to its reasonable
satisfaction.

23.4. Defense of Claims

23.4.1. The Indemnified Party shall have the right, but not the obligation, to contest,
defend and litigate any claim, action, suit or proceeding by any third party alleged
or asserted against such Party in respect of, resulting from, related to or arising
out of any matter for which it is entitled to be indemnified hereunder, and
reasonable costs and expenses thereof shall be indemnified by the Indemnifying
Party. If the Indemnifying Party acknowledges in writing its obligation to indemnify
the Indemnified Party in respect of loss to the full extent provided by this Contract
Agreement, the Indemnifying Party shall be entitled, at its option, to assume and
control the defence of such claim, action, suit or proceeding, liabilities, payments
and obligations at its expense and through the counsel of its choice; provided it
gives prompt notice of its intention to do so to the Indemnified Party and
reimburses the Indemnified Party for the reasonable cost and expenses incurred by
the Indemnified Party prior to the assumption by the Indemnifying Party of such
defence. The Indemnifying Party shall not be entitled to settle or compromise any
claim, demand, action, suit or proceeding without the prior written consent of the
Indemnified Party, unless the Indemnifying Party provides such security to the
Indemnified Party as shall be reasonably required by the Indemnified Party to
secure the loss to be indemnified hereunder to the extent so compromised or
settled.

23.4.2. If the Indemnifying Party has exercised its rights under Clause 23.3, the
Indemnified Party shall not be entitled to settle or compromise any claim, action,
suit or proceeding without the prior written consent of the Indemnifying Party
(which consent shall not be unreasonably withheld or delayed).

23.4.3. If the Indemnifying Party exercises its rights under Clause 23.3, the Indemnified
Party shall nevertheless have the right to employ its own counsel, and such counsel
may participate in such action, but the fees and expenses of such counsel shall be
at the expense of the Indemnified Party, when and as incurred, unless:

a) the employment of counsel by such party has been authorised in writing by


the Indemnifying Party; or

b) the Indemnified Party shall have reasonably concluded that there may be a
conflict of interest between the Indemnifying Party and the Indemnified Party
in the conduct of the defence of such action; or

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c) the Indemnifying Party shall not, in fact, have employed independent counsel
reasonably satisfactory to the Indemnified Party, to assume the defence of
such action and shall have been so notified by the Indemnified Party; or

d) the Indemnified Party shall have reasonably concluded and specifically


notified the Indemnifying Party either:

(i) that there may be specific defences available to it which are different
from or additional to those available to the Indemnifying Party; or

(ii) that such claim, action, suit or proceeding involves or could have a
material adverse effect upon it beyond the scope of this Contract
Agreement:

23.4.4. Provided that if Sub-clauses (b), (c) or (d) of this Clause 23.4.3 shall be applicable,
the counsel for the Indemnified Party shall have the right to direct the defence of
such claim, demand, action, suit or proceeding on behalf of the Indemnified Party,
and the reasonable fees and disbursements of such counsel shall constitute legal or
other expenses hereunder.

23.5. No Consequential Claims

Notwithstanding anything to the contrary contained in this Article 23, the


indemnities herein provided shall not include any claim or recovery in respect of
any cost, expense, loss or damage of an indirect, incidental or consequential
nature, including loss of profit, except as expressly provided in this Contract
Agreement.

23.6. Survival on Termination

The provisions of this Article 23 shall survive Termination.

24. Dispute Resolution

24.1. Dispute Resolution

24.1.1. Any dispute, difference or controversy of whatever nature howsoever arising under
or out of or in relation to this Contract Agreement (including its interpretation)
between the Parties, and so notified in writing by either Party to the other Party
(the “Dispute”) shall, in the first instance, be attempted to be resolved amicably
in accordance with the conciliation procedure set forth in Clause 24.2.

24.1.2. The Parties agree to use their best efforts for resolving all Disputes arising under
or in respect of this Contract Agreement promptly, equitably and in good faith,
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and further agree to provide each other with reasonable access during normal
business hours to all non-privileged records, information and data pertaining to any
Dispute.

24.2. Conciliation

24.2.1. In the event of any Dispute between the Parties, either Party may call upon an
officer of the senior rank of the Authority or such other person as the Parties may
mutually agree upon (the “Conciliator”) to mediate and assist the Parties in
arriving at an amicable settlement thereof. Failing conciliation by the Conciliator
or without the intervention of the Conciliator, either Party may require such
Dispute to be referred to the senior officer of the Authority and the Chairman of
the board of directors of the Contractor for amicable settlement, and upon such
reference, the said persons shall meet no later than 7 (seven) business days from
the date of reference to discuss and attempt to amicably resolve the Dispute. If
such meeting does not take place within the 7 (seven) business day period or the
Dispute is not amicably settled within 15 (fifteen) business days of the meeting or
the Dispute is not resolved as evidenced by the signing of written terms of
settlement within 30 (thirty) business days of the notice in writing referred to in
Clause 24.1.1 or such longer period as may be mutually agreed by the Parties,
either Party may refer the Dispute to arbitration in accordance with the provisions
of Clause 24.3.

24.3. Arbitration

24.3.1. Any Dispute which is not resolved amicably by conciliation, as provided in Clause
24.2, shall be finally decided by reference to arbitration by a Board of Arbitrators
appointed in accordance with Clause 24.3.2. Such arbitration shall be held in
accordance with the provisions of the Arbitration and Conciliation Act, 1996. The
venue of such arbitration shall be Jaipur, and the language of arbitration
proceedings shall be English.

24.3.2. There shall be a Board of three arbitrators, of whom each Party shall select one,
and the third arbitrator shall be appointed by the two arbitrators so selected and
in the event of disagreement between the two arbitrators, the appointment shall
be made in accordance with the Rules.

24.3.3. The arbitrators shall make a reasoned award (the “Award”). Any Award made in
any arbitration held pursuant to this Article 24 shall be final and binding on the
Parties as from the date it is made, and the Contractor and the Authority agree
and undertake to carry out such Award without delay.

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24.3.4. The Contractor and the Authority agree that an Award may be enforced against the
Contractor and/or the Authority, as the case may be, and their respective assets
wherever situated.

24.3.5. This Contract Agreement and the rights and obligations of the Parties shall remain
in full force and effect, pending the Award in any arbitration proceedings
hereunder.

24.4. NOT USED

25. Miscellaneous

25.1. Governing law and jurisdiction

25.1.1. This Contract Agreement shall be construed and interpreted in accordance with
and governed by the laws of India, and the courts at Jaipur shall have exclusive
jurisdiction over matters arising out of or relating to this Contract Agreement.

25.2. Waiver of Immunity

Each Party unconditionally and irrevocably:

a) agrees that the execution, delivery and performance by it of this Contract


Agreement constitute commercial acts done and performed for commercial
purpose;

b) agrees that, should any proceedings be brought against it or its assets,


property or revenues in any jurisdiction in relation to this Contract
Agreement or any transaction contemplated by this Contract Agreement, no
immunity (whether by reason of sovereignty or otherwise) from such
proceedings shall be claimed by or on behalf of the Party with respect to its
assets;

c) waives any right of immunity which it or its assets, property or revenues now
has, may acquire in the future or which may be attributed to it in any
jurisdiction; and

d) consents generally in respect of the enforcement of any judgement or award


against it in any such proceedings to the giving of any relief or the issue of
any process in any jurisdiction in connection with such proceedings
(including the making, enforcement or execution against it or in respect of
any assets, property or revenues whatsoever irrespective of their use or
intended use of any order or judgement that may be made or given in
connection therewith).

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25.3. NOT USED

25.4. Waiver

25.4.1. Waiver, including partial or conditional waiver, by either Party of any default by
the other Party in the observance and performance of any provision of or
obligations under this Contract Agreement:-

a) shall not operate or be construed as a waiver of any other or subsequent


default hereof or of other provisions of or obligations under this Contract
Agreement;

b) shall not be effective unless it is in writing and executed by a duly


authorised representative of the Party; and

c) shall not affect the validity or enforceability of this Contract Agreement in


any manner.

25.4.2. Neither the failure by either Party to insist on any occasion upon the performance
of the terms, conditions and provisions of this Contract Agreement or any
obligation thereunder nor time or other indulgence granted by a Party to the other
Party shall be treated or deemed as waiver of such breach or acceptance of any
variation or the relinquishment of any such right hereunder.

25.5. Liability for Review of Documents and Design & Drawings

Except to the extent expressly provided in this Contract Agreement:

a) no review, comment or approval by the Authority or the Authority’s PMC of


any Document or Drawing submitted by the Contractor nor any observation
or inspection of the construction of the Project nor the failure to review,
approve, comment, observe or inspect hereunder shall relieve or absolve
the Contractor from its obligations, duties and liabilities under this
Contract Agreement, the Applicable Laws and Applicable Permits; and

b) the Authority shall not be liable to the Contractor by reason of any review,
comment, approval, observation or inspection referred to in Sub-clause (a)
above.

25.6. Exclusion of implied Warranties etc.

25.6.1. This Contract Agreement expressly excludes any warranty, condition or other
undertaking implied at law or by custom or otherwise arising out of any other
Contract Agreement between the Parties or any representation by either Party not
contained in a binding legal Contract Agreement executed by both Parties.

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25.7. Survival

25.7.1. Termination shall:

a) not relieve the Contractor or the Authority, as the case may be, of any
obligations hereunder which expressly or by implication survive
Termination hereof; and

b) except as otherwise provided in any provision of this Contract Agreement


expressly limiting the liability of either Party, not relieve either Party of
any obligations or liabilities for loss or damage to the other Party arising
out of, or caused by, acts or omissions of such Party prior to the
effectiveness of such Termination or arising out of such Termination.

25.7.2. All obligations surviving Termination shall only survive for a period of 3 (three)
years following the date of such Termination.

25.8. Entire Contract Agreement

25.8.1. This Contract Agreement and the Schedules together constitute a complete and
exclusive statement of the terms of the Contract Agreement between the Parties
on the subject hereof, and no amendment or modification hereto shall be valid
and effective unless such modification or amendment is agreed to in writing by the
Parties and duly executed by persons especially empowered in this behalf by the
respective Parties. All prior written or oral understandings, offers or other
communications of every kind pertaining to this Contract Agreement are abrogated
and withdrawn. For the avoidance of doubt, the Parties hereto agree that any
obligations of the Contractor arising from the RFP document, as the case may be,
shall be deemed to form part of this Contract Agreement and treated as such.

25.9. Severability

If for any reason whatsoever, any provision of this Contract Agreement is or


becomes invalid, illegal or unenforceable or is declared by any court of competent
jurisdiction or any other instrumentality to be invalid, illegal or unenforceable, the
validity, legality or enforceability of the remaining provisions shall not be affected
in any manner, and the Parties will negotiate in good faith with a view to agreeing
to one or more provisions which may be substituted for such invalid, unenforceable
or illegal provisions, as nearly as is practicable to such invalid, illegal or
unenforceable provision. Failure to agree upon any such provisions shall not be
subject to the Dispute Resolution Procedure set forth under this Contract
Agreement or otherwise.

25.10. No Partnership
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This Contract Agreement shall not be interpreted or construed to create an
association, joint venture or partnership between the Parties, or to impose any
partnership obligation or liability upon either Party, and neither Party shall have
any right, power or authority to enter into any Contract Agreement or undertaking
for, or act on behalf of, or to act as or be an agent or representative of, or to
otherwise bind, the other Party.

25.11. Third Parties

This Contract Agreement is intended solely for the benefit of the Parties, and their
respective successors and permitted assigns, and nothing in this Contract
Agreement shall be construed to create any duty to, standard of care with
reference to, or any liability to, any person not a Party to this Contract
Agreement.

25.12. Successors and Assigns

This Contract Agreement shall be binding upon, and inure to the benefit of the
Parties and their respective successors and permitted assigns.

25.13. Notices

Any notice or other communication to be given by any Party to the other Party
under or in connection with the matters contemplated by this Contract Agreement
shall be in writing and shall:

a) in the case of the Contractor, be given by facsimile or e-mail and by letter


delivered by hand to the address given and marked for attention of the
person set out below or to such other person as the Contractor may from
time to time designate by notice to the Authority; provided that notices or
other communications to be given to an address outside the city specified
in Sub-Clause (b) below may, if they are subsequently confirmed by sending
a copy thereof by registered acknowledgement due, air mail or by courier,
be sent by facsimile or e-mail to the person as the Contractor may from
time to time designate by notice to the Authority;

Attention: -----------------------------

Designation: -------------------------

Address: -----------------------------

Fax No.: -----------------------------

E-mail: ------------------------------

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b) in the case of the Authority, be given by facsimile or e-mail and by letter
delivered by hand and be addressed to the person named below with a
copy delivered to the Authority Representative or such other person as the
Authority may from time to time designate by notice to the Contractor;
provided that if the Contractor does not have an office in Jaipur it may
send such notice by facsimile or email and by registered acknowledgement
due, air mail or by courier;

Attention: -----------------------------

Designation: -------------------------

Address: -----------------------------

Fax No.: -----------------------------

E-mail: ------------------------------

c) any notice or communication by a Party to the other Party, given in


accordance herewith, shall be deemed to have been delivered when in the
normal course of post it ought to have been delivered and in all other
cases, it shall be deemed to have been delivered on the actual date and
time of delivery; provided that in the case of facsimile or email, it shall be
deemed to have been delivered on the working day following the date of
its delivery.

25.14. Language

All notices required to be given by one Party to the other Party and all other
communications, Documentation and proceedings which are in any way relevant to
this Contract Agreement shall be in writing and in English or Hindi language.

25.15. Counterparts

This Contract Agreement may be executed in two counterparts, each of which,


when executed and delivered, shall constitute an original of this Contract
Agreement. Stamp duty of both counterpart of the Contract Agreement shall be
borne by the Contractor.

25.16. Confidentiality

The Parties shall treat the details of this Contract Agreement as private and
confidential, except to the extent necessary to carry out obligations under it or to
comply with Applicable Laws. The Contractor shall not publish, permit to be
published, or disclose any particulars of the Works in any trade or technical paper
or elsewhere without the previous consent of the Authority.
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25.17. Copyright and Intellectual Property Rights

25.17.1. As between the Parties, the Authority shall retain the copyright and other
intellectual property rights for the Documents, Design & Drawings and other design
documents prepared by the Contractor for implementation of the Project.

25.17.2. The Documents, Design & Drawings and other design documents prepared by the
Contractor for this Project shall not, without the Authority’s consent, be used,
copied or communicated to a third party by the Contractor.

25.18. Limitation of Liability

25.18.1. Neither Party shall be liable to the other Party for loss of use of any Works, loss of
profit, loss of any contract or for any indirect or consequential loss or damage
which may be suffered by the other Party in connection with this Contract
Agreement.

25.18.2. The total liability of one Party to the other Party under and in accordance with the
provisions of this Contract Agreement, save and except as provided in Articles 21
and 23, shall not exceed the Contract Price. For the avoidance of doubt, this
Clause shall not limit the liability in any case of fraud, deliberate default or
reckless misconduct by the defaulting Party.

IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED AND DELIVERED THIS CONTRACT
AGREEMENT AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of Rajasthan State Sports For and on behalf of ……………….. (the
Council (Authority) by: Contractor) by:

Signature: Signature:

Name: Name:

Designation: Designation:

In presence of:

1. 2.

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Schedule-A: Scope of Work

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
Udaipur on EPC Mode
Schedule-B: Format of Performance Security

Secretary,

Rajasthan State Sports Council

Sawai Mansingh Stadium,

Jaipur

WHEREAS:

(A) ------------------------------- [name and address of Contractor] (the “Contractor") and


Rajasthan State Sports Council, Jaipur (the “Authority”) have entered into an
agreement (the “Contract Agreement”) for the Design & Construction of
Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon, Udaipur on
Engineering, Procurement and Construction (the “EPC”) basis, subject to and in
accordance with the provisions of the Agreement.

(B) The Agreement requires the Contractor to furnish a Performance Security for due
and faithful performance of its obligations, under and in accordance with the
Agreement, during the Design & Construction Period and Defects Liability Period,
for the period as mentioned in Article 7 for a sum of Rs. 2.50 Crore (Rupees Two
Crores and Fifty Lakhs Only) or 10% (ten percent) of the Contract Price, whichever
is higher, (the “Guarantee Amount”).

(C) We, ……………………………. through our branch at Jaipur…………………. (the “Bank”)


have agreed to furnish this bank guarantee (the “Guarantee”) by way of
Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the Design & Construction Period
and Defects Liability Period under and in accordance with the Agreement, and agrees
and undertakes to pay to the Authority, upon its mere first written demand, and
without any demur, reservation, recourse, contest or protest, and without any
reference to the Contractor, such sum or sums up to an aggregate sum of the
Guarantee Amount as the Authority shall claim, without the Authority being required to
prove or to show grounds or reasons for its demand and/or for the sum specified
therein.
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2. A letter from the Authority that the Contractor has committed default in the due and
faithful performance of all or any of its obligations under and in accordance with the
Contract Agreement shall be conclusive, final and binding on the Bank. The Bank
further agrees that the Authority shall be the sole judge as to whether the Contractor
is in default in due and faithful performance of its obligations during and under the
Contract Agreement and its decision that the Contractor is in default shall be final and
binding on the Bank, notwithstanding any differences between the Authority and the
Contractor, or any dispute between them pending before any court, tribunal,
arbitrators or any other authority or body, or by the discharge of the Contractor for any
reason whatsoever.

3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority
to proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of
the Bank under this Guarantee, to vary at any time, the terms and conditions of the
Agreement or to extend the time or period for the compliance with, fulfillment and/ or
performance of all or any of the obligations of the Contractor contained in the
Agreement or to postpone for any time, and from time to time, any of the rights and
powers exercisable by the Authority against the Contractor, and either to enforce or
forbear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the Authority, and the Bank shall not be released
from its liability and obligation under these presents by any exercise by the Authority
of the liberty with reference to the matters aforesaid or by reason of time being given
to the Contractor or any other forbearance, indulgence, act or omission on the part of
the Authority or of any other matter or thing whatsoever which under any law relating
to sureties and guarantors would but for this provision have the effect of releasing the
Bank from its liability and obligation under this Guarantee and the Bank hereby waives
all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or


security now or which may hereafter be held by the Authority in respect of or relating

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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to the Agreement or for the fulfillment, compliance and/or performance of all or any
of the obligations of the Contractor under the Agreement.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in
force for the period specified in paragraph 8 below and unless a demand or claim in
writing is made by the Authority on the Bank under this Guarantee all rights of the
Authority under this Guarantee shall be forfeited and the Bank shall be relieved from
its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on -------------------------. Unless a


demand or claim under this Guarantee is made in writing before expiry of the
Guarantee, the Bank shall be discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have
been duly authorised to receive such notice and to effect payment thereof forthwith,
and if sent by post it shall be deemed to have been given at the time when it ought to
have been delivered in due course of post and in proving such notice, when given by
post, it shall be sufficient to prove that the envelope containing the notice was posted
and a certificate signed by an officer of the Authority that the envelope was so posted
shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released
earlier by the Authority pursuant to the provisions of the Agreement.

Signed and sealed this ………. day of ……….., 20……… at ……………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

NOTES:

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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(i) The bank guarantee should contain the name, designation and code number of the
officer(s) signing the guarantee.

(ii) The address, telephone number and other details of the head office of the Bank as
well as of issuing branch should be mentioned on the covering letter of issuing
branch.

RFP for Design & Construction of Multipurpose Indoor Stadium at Maharana Pratap Khel Gaon,
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