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 52 of 65 Executive Engineer,
PC-8, BBMP, Bengaluru
36. At the time of Construction, the Contractor shall embed all Electrical / other Fixtures like
Base Plates, Brackets, Conduits, etc. as per the Directions of the Employer. Nothing Extra
whatsoever will be payable on this account.
37. For execution of any Items of Work where Incidental Works such as Bailing out Water,
Shoring, etc. are actually required but not specifically stated in the Tender, it is to be
understood that the Amount quoted by the Contractor shall cover such Charges also and
nothing Extra on account of such Incidental Charges, if any, shall be paid.
38. Any Upgradation in Technology in terms of Construction Procedures / Construction Materials
/ Construction Equipment’s will be adopted from time to time on mutual consents of the
Employer and the Contractor.
39. Arbitration (Clause 24)
39.1 The Procedure for Arbitration shall be as follows.
a. In case of Dispute or Difference arising between the Employer and the Contractor relating
to any Matter arising out of or connected with this Agreement it shall be settled in
accordance with the Arbitration and Conciliation Act 1996. The Disputes or Differences
shall be referred to a Sole Arbitrator. The Sole Arbitrator shall be appointed by
Agreement between the Parties; failing such Agreement, by the Appointing Authority (any
one of the Organizations as per list enclosed in Annexure).
b. Arbitration Proceedings shall be held at Bengaluru, Karnataka State.
c. The Cost and Expenses of Arbitration Proceedings will be paid as determined by the
Arbitrator. However, the Expenses incurred by each Party in connection with the
Preparation, Presentation, etc. shall be borne by each Party itself.
d. Performance under the Contract shall continue during the Arbitration Proceedings and
Payments due to the Contractor by the Employer shall not be withheld, unless they are
the Subject Matter of the Arbitration Proceedings.
40. Quality Control Tests
The Contractor shall arrange adequately equipped own Laboratory Facility Set up at Site for
Site Control on the Quality of Materials and carry out all the Tests as per the Provision of BIS,
MoRT&H Specifications and as per the Instructions of the Employer / Employer’s
Representative.
Further, the Contractor shall adopt Construction Machineries, Execution Methodology,
Quality Control System, Safety Management, etc. as per the prevailing State – of – the – Art
Facilities in prior consent with the Employer.
41. The Employer might deploy Employer’s Representative for Design Checking and Approval,
Work Supervision, Quality Control and Supervision, Progress Monitoring, Safety Monitoring,
etc. The Contractor shall abide by the Instructions / Suggestions given by the Employer’s
Representative for the successful completion of the Project.