Tender document — White Topping of Selected Roads under GoK Grants, Package-2 (BBMP, Project Central-8)

Comprehensive Development of Selected Roads by Providing
White Topping Under GoK Grants Package - 2 Technical Bid
Tenderer Page 34 of 65 Executive Engineer,
PC-8, BBMP, Bengaluru
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with other Contractors, Public Authorities,
Utilities and the Employer.
9. Personnel
9.1 The Contractor shall employ the Technical Personnel (of Number and Qualifications) as may
be stipulated by the BBMP from time to time during the Execution of the Work. The Technical
Staff so employed shall be available at Site as may be stipulated by the Employer.
9.2 If the Employer asks the Contractor to remove a person who is a member of the Contractor’s
Staff or his Work Force stating the Reasons, the Contractor shall ensure that the Person
leaves the Site within Seven Days and has no further Connection with the work in the
Contract.
10. Employer’s and Contractor's Risks
10.1 The Employer carries the Risks which this Contract states are Employer’s Risks, and the
Contractor carries the Risks which this Contract states are Contractor’s Risks.
11. Employer's Risks
11.1 The Employer is responsible for the Excepted Risks, which are
a. Rebellion, Riot Commotion or Disorder unless solely restricted to Employees of the
Contractor arising from the conduct of the Works; or
b. A Cause due solely to the Design of the Works, other than the Contractor’s Design; or
c. Any Operation of the Forces of Nature (in so far as it occurs on the Site) which an
Experienced Contractor
i. Could not have reasonably foreseen; or
ii. Could reasonably have foreseen, but against which he could not reasonably have taken
at least one of the following Measures.
 Prevent Loss or Damage to Physical Property from occurring by taking
Appropriate Measures or
 Insure against such Loss or Damage.
12. Contractor’s Risks
12.1 All Risks of Loss or Damage to Physical Property and of Personal Injury and Death, which
arise during and in consequence of the Performance of the Contract other than the Excepted
Risks, are the Responsibility of the Contractor.
13. Insurance
13.1 The Contractor shall prior to commence the works, effect and thereafter maintain Insurances,
in the Joint Names of the Employer and the Contractor (cover from the First Working Day
after the Start Date to the End of Defects Liability Period) in the Amounts stated in the
Contract Data:
a. For Loss or Damage to the Works, Plants and Materials and the Contractor’s Equipment;
b. For Liability of both Parties for Loss, Damage, Death and Injury to Third Parties or their
Property arising out of the Contractor’s Performance of the Contract including the
Contractor’s Liability for Damage to the Employer’s Property other than the Works and