(Nmrc) Limited Contract No: Ngnc-01
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Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR. NOIDA SEC-4, ECOTECH-12, GR. NOIDA SEC-2, (excluding Architectural finishing Works and PEB works of stations) from Chainage 0.00 m to Chainage 9605 m of Noida -Greater Noida Metro Rail Project NOIDA METRO RAIL CORPORATION (NMRC) LIMITED CONTRACT NO: NGNC-01 E Tender No.: NMRC/Civil/NGNC/123 R/2020 TENDER DOCUMENTS VOLUME 2 GENERAL CONDITIONS OF CONTRACT Noida Metro Rail Corporation (NMRC) Limited Block-III, 3rd Floor, Ganga Shopping Complex, Sector-29, Noida -201301, District Gautam Budh Nagar, Uttar Pradesh, India NMRC/NGNC-01/Vol-2/GCC Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR. NOIDA SEC-4, ECOTECH-12, GR. NOIDA SEC-2, (excluding Architectural finishing Works and PEB works of stations) from Chainage 0.00 m to Chainage 9605 m of Noida -Greater Noida Metro Rail Project GENERAL CONDITIONS OF CONTRACT CONTENTS Clause No. Description Page No. 1 DEFINITIONS AND INTERPRETATION 7 1.1 Definitions 7 1.2 Interpretation 12 1.3 Law and Language 12 1.4 Contract Agreement 12 1.5 Priority of Documents 12 1.6 Care and Supply of Construction and/or Manufacture Documents 13 1.7 Communications 13 1.8 Employer's Use of Contractor's Documents 13 1.9 Contractor's Use of Employer's Documents 14 1.10 Compliance with Statutes, Regulations and Laws 14 1.11 Joint and Several Liability 14 2 THE EMPLOYER 14 2.1 General Obligations 14 2.2 Access to and Possession of the Site 14 2.3 Permits, Licences or Approvals 15 2.4 Assignment by the Employer 15 3 THE ENGINEER 15 3.1 Appointment of Engineer 15 3.2 Duties and Authorities of the Engineer 15 3.3 Engineer's Authority to Delegate 15 3.4 Engineer's Instructions 16 3.5 Engineer to Attempt Agreement 16 4 THE CONTRACTOR 16 4.1 General Obligations 16 4.2 Performance Security Amount 17 4.3 Representation on Works 20 4.4 Facilities for and co-ordination with others 20 4.5 Sub-contractors 22 4.6 Assignment of Contractor's and Sub-contractor's Obligations 23 4.7 Compensation for Breach 24 4.8 Setting Out 24 4.9 Site Data 24 4.10 Sufficiency of accepted Contract Amount 25 4.11 Access Route 25 4.12 Rights of Way and Facilities 25 NMRC/NGNC-01/Vol-2/GCC Page 1 Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR. NOIDA SEC-4, ECOTECH-12, GR. NOIDA SEC-2, (excluding Architectural finishing Works and PEB works of stations) from Chainage 0.00 m to Chainage 9605 m of Noida -Greater Noida Metro Rail Project 4.13 Programmes 25 4.14 Progress Reports 26 4.15 Contractor's Equipment 26 4.16 Safety of Works 27 4.17 Protection of the Environment 27 4.18 Electricity, Water and Gas 27 4.19 Tools, Plants And Equipment Supplied By The Employer 28 4.20 Employer’s Materials & Excavated Material 28 4.21 Sheds, Stores, Yards 28 4.22 Temporary Works 28 4.23 Unforeseeable Physical Conditions 28 4.24 Access for Engineer 29 4.25 Access Road and Way Leaves 29 4.26 Contractor to keep Site Clear 29 4.27 Security of the Site 29 4.28 Contractor's Operations on Site 30 4.29 Discoveries 30 4.30 Publicity 30 4.31 Disclosure Of Relationship 30 4.32 Use Of Explosives 30 4.33 Corrupt/Fraudulent/Collusive/Coercive Practices Corrupt or fraudulent 30 practices 5 DESIGN 32 5.1 General Obligations 32 5.2 Contractor’s warranty of design 32 5.3 Construction and/or Manufacture Documents 33 5.4 Technical Standards and Regulations 34 5.5 Samples 35 5.6 As-Built Drawings and Documents 35 5.7 Operation and Maintenance Manuals 35 5.8 Intellectual Property Rights and Royalties 35 6 STAFF AND LABOUR 37 6.1 Engagement of Staff and Labour 37 6.2 Rates of Wages and Conditions of Labour 37 6.3 Persons in the service/ retired of Employer/Engineer 37 6.4 Labour Laws 38 6.5 Working Hours 38 6.6 Facilities for Staff and Labour 38 NMRC/NGNC-01/Vol-2/GCC Page 2 Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR. NOIDA SEC-4, ECOTECH-12, GR. NOIDA SEC-2, (excluding Architectural finishing Works and PEB works of stations) from Chainage 0.00 m to Chainage 9605 m of Noida -Greater Noida Metro Rail Project 6.7 Health and Safety 39 6.8 Contractor's Superintendence 39 6.9 Provision of Efficient and Competent Staff 39 6.10 Preservation of Peace and orderly conduct 39 6.11 Labour to be Contractor’s Employee 40 6.12 Report Of Accidents To Labour 40 6.13 Claim on account of violation of Labour laws 40 6.14 Maintenance of Records 40 7 QUALITY CONTROL 40 7.1 Manner of Execution 40 7.2 Source of Materials 40 7.3 Delivery to Site 41 7.4 Inspection 41 7.5 Testing 41 7.6 Rejection 41 7.7 Liability after Inspection and Testing 42 7.8 Ownership of Plant and Materials 42 7.9 Cost of Employer’s Attendance Including Travel 42 7.10 Covering up of Works 42 7.11 Tests after Completion 43 7.12 Integrated testing and system commissioning 44 8 TIME MANAGEMENT 44 8.1 Commencement of Works 44 8.2 Time for Completion 45 8.3 Delay 45 8.4 Extension of Time for Completion 45 8.5 Liquidated Damages for Delay 46 8.6 Rate of Progress 47 8.7 Suspension of Work 48 8.8 Consequences of Suspension 48 8.9 Resumption of Work 49 9 EMPLOYER'S TAKING OVER 49 9.1 Taking Over Certificate 49 9.2 Taking over of Parts of the Works 50 10 DEFECTS LIABILITY 50 10.1 Completion of Outstanding Work and Remedying Defects 50 NMRC/NGNC-01/Vol-2/GCC Page 3 Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR. NOIDA SEC-4, ECOTECH-12, GR. NOIDA SEC-2, (excluding Architectural finishing Works and PEB works of stations) from Chainage 0.00 m to Chainage 9605 m of Noida -Greater Noida Metro Rail Project 10.2 Cost of Remedying Defects 50 10.3 Extension of Contract Period 50 10.4 Failure to Remedy Defects 51 10.5 Removal of Defective Work 51 10.6 Further Tests 51 10.7 Right of Access 51 10.8 Contractor to Search 51 10.9 Performance Certificate 52 10.10 Unfulfilled Obligations 52 10.11 Emergency Defect Rectification 52 11 CONTRACT PRICE AND PAYMENT 52 11.1 The Contract Price Inclusions/ Exclusions 52 11.2 Advances 53 11.3 Provisional Payment Against Material at Site 54 11.4 Application for Interim Payment Certificates 55 11.5 Issue of interim Payment Certificate 56 11 .6 Payment – Interim & Final· 56 11.7 Statement at Completion 57 11.8 Application for Final Payment Certificate 57 11.9 Discharge 57 11.10 Issue of Final Payment Certificate 58 11.11 Cessation of Employer’s Liability 58 11.12 Calculation of Payments in Foreign Currency 58 11.13 Round off 58 11.14 Payment by Cheque& E-Payment 58 11.15 Tax Deduction at Source 58 11.16 Production of Vouchers 59 11.17 Withholding And Lien For Sums Claimed 59 11.18 Signature On Receipts For Payments 59 11.19 Post Payment Audit 59 11.20 Recovery of money due to the Employer 60 12 VARIATIONS 60 12.1 Right to Vary 60 12.2 Contractor's Variations 60 12.3 Employer's Variations 61 NMRC/NGNC-01/Vol-2/GCC Page 4 Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR. NOIDA SEC-4, ECOTECH-12, GR. NOIDA SEC-2, (excluding Architectural finishing Works and PEB works of stations) from Chainage 0.00 m to Chainage 9605 m of Noida -Greater Noida Metro Rail Project 12.4 Variation Procedure 62 12.5 Variation in the Bill of Quantities 62 12.6 Payment in Applicable Currencies 64 13 TERMINATION OF THE CONTRACT 64 13.1 Notice to Contractor 64 13.2 Termination Of Contract Due To Contractor’s Default 64 13.3 Default of Employer 66 14 RISK AND RESPONSIBILITY 67 14.1 Indemnity 68 14.2 Contractor's Care of the Works 68 14.3 Employer's Risks 69 14.4 Consequences of Employer's Risks 69 14.5 Contractor's Risks 69 14.6 Limitation of Liability 69 15 INSURANCE 70 15.1 Professional Indemnity Insurance 70 15.2 Insurance for Works and Contractor's Equipment 70 15.3 Insurance Against Injury to Persons and Damage to Property 70 15.4 Insurance for Workers 71 15.5 General Requirements for Insurances 71 16 FORCE MAJEURE 72 16.1 Definition of Force Majeure 72 16.2 Effect of Force Majeure Event 72 16.3 Contractor's Responsibility 72 16.4 Employer's Responsibility 72 16.5 Payment to Contractor 73 16.6 Resumption of Work 73 16.7 Optional Termination, Payment and Release 73 16.8 Release from Performance under the Law 73 17 CLAIMS, DISPUTES, CONCILIATION AND ARBITRATION 73 17.1 Procedure for Claims 73 17.2 Payment for Claims 74 17.3 No Legal Action Till Dispute Settlement Procedure is Exhausted 74 17.4 Notice of Dispute 74 17.5 Two Stages for Dispute Resolution 74 NMRC/NGNC-01/Vol-2/GCC Page 5 Contract NGNC-01: Part Design and Construction of Elevated Viaduct and 5 elevated stations viz NOIDA SEC -122, NOIDA SEC-123, GR.