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Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters At Tardeo Tender For Supply, Installation, Testing & commissioning of Electrical Lifts (Passenger) Part I (Technical & Commercial/Special Conditions) Name of Tenderer _____________________________________________________ Address _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Date of Submission: Upto 2 p.m. on 16 th November 2005. Architects : Chief General Manager, Estate Office, Main Bldg., Reserve Bank of India, Mumbai 400 001 Address for tender submission:- Chief General Manager, Estate Cell , Byculla, First Floor, Mumbai Central Post Office, Opp. Mumbai Central Rly. Station, Mumbai 400 008

Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

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Page 1: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

Reserve Bank of IndiaEstate cell, Byculla

Bank’s Officers’ QuartersAt

TardeoTender For

Supply, Installation, Testing & commissioning ofElectrical Lifts (Passenger)

Part I (Technical & Commercial/Special Conditions)

Name of Tenderer _____________________________________________________

Address _____________________________________________________________ _____________________________________________________________

_____________________________________________________________

Date of Submission: Upto 2 p.m. on 16th November 2005.

Architects : Chief General Manager, Estate Office, Main Bldg., Reserve Bank of India, Mumbai 400 001

Address for tender submission:- Chief General Manager, Estate Cell , Byculla, First Floor, Mumbai Central Post Office, Opp. Mumbai Central Rly. Station, Mumbai 400 008

Page 2: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

Index

Particulars Page Nos.

1. Form of Tender 3-4

2. Articles of Agreement 5-7

3. Special instructions to tenderers 8

4. General instructions to tenderers and Special Conditions 9-14

5. Safety Code 15

6. The Conditions hereinafter referred to 16 - 29

7. Appendix herein before referred to 30

8. Data Sheet 31

9. Specifications and Scope of Work 32 - 33

10. Un-priced Bill of Quantity 34

11. Check List 35 - 36

12. Bank Guarantee – Proforma 37 – 38

Page 3: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

(1) Form Of Tender

Place _______________Date ________________

Shri R. N. KandulwarChief General ManagerEstate Cell, Byculla,Reserve Bank of IndiaMumbai 400 008

Dear Sir,

Having examined the drawings, specifications, designs and schedule of quantities

relating to the works specified in the memorandum hereinafter set out and having visited

and examined the installation site of the works specified in the said memorandum and

having acquired the requisite information relating thereto as affecting the tender, I/We

hereby offer to execute the works specified in the said memorandum within the time

specified in the said memorandum at the rates mentioned in the attached Schedule of

Quantities and in accordance in all respects with specifications, designs, drawings and

instructions in writing referred to in articles of agreement, special instructions to the

tenderers, general instructions to the tenderers and special conditions, conditions

hereinbefore referred to, specifications, data sheet and schedule of quantities and with

such materials as are provided for, by and in all other respects, in accordance with such

conditions so far as they may be applicable.

MEMORANDUM

(a) Description of works Supply and installation of Passenger Lifts (2 Nos)for the Bank’s Officers’ Colony at Tardeo (oneeach in A & B wings respectively).

(b) Estimated cost Rs. 20 lakhs

(c) Mode of payment As per clause 34 on page 14 of GeneralInstructions to Contractors and SpecialConditions.

(d) Earnest Money Deposit Rs. 40,000/-

(e) Time allowed for completion ofwork from tenth day of the date ofletter advising acceptance oftender.

30 weeks (for 2 lifts)

2. Should this tender be accepted, I/We hereby agree to abide and fulfill the terms andprovisions of the said Conditions of Contract annexed hereto so far as they may beapplicable or in default thereof to forfeit and pay to the Reserve Bank of India, theamount mentioned in the said conditions.

3. The lists showing the particulars of large works carried out and the names ofmanufacturers of specialized items as required under clause 24 of GeneralInstructions to Contractors and Special Conditions are enclosed.

Page 4: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

Our bankers are ______________________________________________________

The names of partners of our firm are

(i) __________________________________________________________________

(ii) __________________________________________________________________

Name of the partners of the firm _____________________________authorized to sign

OR

Name of person having Power of Attorney ______________________________to sign the contract

(Certified true copy of the Partnership Deed and the Power of Attorney should beattached)

Yours faithfully,

_____________________________

(Signature of Contractor)

Witnesses

(1) (Signature)Address

(2) (Signature)Address

Page 5: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

(2) Articles of Agreement

ARTICLES OF AGREEMENT made the ____________________ day of ____________between the Reserve Bank of India, Mumbai (name of the office) having its CentralOffice at Mumbai 400001 (hereinafter called “the Employer”) of the one part and__________________________ ___________________ (hereinafter called “theContractor”) of the another part.

WHEREAS the Employer is desirous of Replacement of electrical lifts in the Bank’sOfficers Colony at Tardeo and has caused drawings and specifications describing thework to be done to be prepared by them.

AND WHEREAS the said drawings numbered ________ to ________ inclusive, theSpecifications and the Schedule of Quantities have been signed by on behalf of theparties hereto.

AND WHEREAS the Contractor has agreed to execute upon and subject to theconditions set forth herein and to the conditions set forth in the Special Conditions and inthe Schedule of Quantities and Conditions of Contract (all of which are collectivelyhereinafter referred to as “the said Conditions”) the works shown upon the said drawingsand/or described in the said Specifications and included in the Schedule of Quantities atthe respective rates therein set forth amounting to the sum as therein arrived at or suchother sum as shall become payable thereunder (hereinafter referred to as “said ContractAmount”).

NOW IT IS HEREBY AGREED AS FOLLOWS

In consideration of the said Contract Amount to be paid at the times and in the manner

set forth in the Said Conditions, the Contractor shall upon and subject to the Said

Conditions execute and complete the work shown upon the said Drawings and

described in the Said Specifications and the Schedule of Quantities.

The Employer shall pay the Contractor the said Contract Amount or such other sum asshall become payable at the times and in the manner specified in the said Conditions.

The term “the Architect” in the said Conditions shall mean Chief General Manager EstateDepartment., Mumbai or, in the event of their ceasing to be the Architect for the purposeof this Contract for whatever reason, such other person or persons as shall benominated for that purpose by the Employer, not being a person to whom the Contractorshall object for reasons considered to be sufficient by the Employer PROVIDEDALWAYS that no person or persons subsequently appointed to be Architect under thisContract shall be entitled to disregard or overrule any previous decisions or approval ordirection given or expressed in writing by the Architect for the time being.

The Said Conditions and Appendix thereto shall be read and construed as forming partof this Agreement and the parties hereto shall respectively abide by, submit themselvesto the said Conditions and perform the agreements on their part respectively in the saidConditions contained.

The plans, agreement and documents mentioned herein shall form the basis of thisContract.

This contract is a fixed lump sum contract subject only to the Price Variation Clause asspecified elsewhere to carry out work in respect of the entire lift installation to be paid forat the rates/amounts contained in the Schedule of Rates and Probable Quantities or asprovided in the Said Conditions.

Page 6: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

The Contractor shall afford every reasonable facility for carrying out of all works relatingto civil works, installation of sanitary works and fittings, permanent water supply,electrical installations and fittings, telephone, air conditioning and other ancillary works inthe manner laid down in the said Conditions and shall make good any damages done towalls, floors etc. after the completion of such works.

The Employer reserves to itself the right of altering the drawings and nature of work byadding to or omitting any items of work or having portions of the same carried outwithout prejudice to this Contract.

Time shall be considered as the essence of this contract and the Contractor herebyagrees to commence the work soon after the site is handed over to him or from tenthday of date of issue of formal work order as provided for in the said Conditions,whichever is later, and to complete the entire work within 30 weeks subject neverthelessto the provisions for extension of time.

All payments by the Employer under this Contract will be made only at Mumbai.

All disputes arising out of or in any way connected with this Agreement shall be deemedto have arisen at Mumbai and only Courts in Mumbai shall have jurisdiction to determinethe same.

That the several parts of this Contract have been read and fully understood by theContractor.

If the Contractor is a partnership or an individual.

IN WITNESS WHEREOF the Employer and the Contractor have set their respectivehands to these presents and two duplicates hereof the day and year first hereinabovewritten.

If the Contractor is a company.

IN WITNESS THEREOF the Employer has set its hand to these presents through itsduly authorised official and the Contractor has caused its common seal to be affixedhereunto and the said two duplicates / has caused these presents and the said twoduplicates hereof to be executed on its behalf, the day and year first hereinabovewritten.

Signature clause

SIGNED AND DELIVERED by theReserve Bank of India by the hand ofShri _______________________________

(Name and designation)in the presence of(1) ________________________________Address _______________________________________________________________(2) ________________________________Address _______________________________________________________________

(Witnesses)

Page 7: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

SIGNED AND DELIVERED byShri _______________________________

(Name and designation)in the presence of(3) ________________________________Address _______________________________________________________________(4) ________________________________Address _______________________________________________________________

(Witnesses)

The COMMON SEAL OF _______________Was hereunto affixed pursuant to the resolutionspassed by its Board of Directors at the meetingheld on _________________ in the presence of(1) _________________________________(2) _________________________________

Directors, who have signed these presents intoken thereof in the presence of(1) _________________________________(2) _________________________________

SIGNED AND DELIVERED BY the Contractor bythe hand of Shri __________________________and duly constituted attorney.

If the party is a partnership form or an

individual, it should be signed by all or

on behalf of all the partners.

If the Contractor signs under common

seal, the signature clause should tally

with the sealing clause in the Articles of

Association.

If the Contractor is signing by the hand

of power of attorney, whether a

company or an individual.

Page 8: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

(3) Special Instructions To The Tenderers

1. The tenders should be submitted in Bank’s forms only.2. No rates or amounts shall be indicated in any portion of Part I. No terms and

conditions shall be attached with Part II, which shall contain only rates and amounts.In case of discrepancies/inaccuracies in rates and amounts the lower one will beconsidered as correct and applicable for this contract.

3. No change in terms and conditions will be acceptable to the Bank.4. The firms are advised to quote strictly as per the terms and conditions detailed and

not to submit their standard printed terms and conditions. If any firm wishes todeviate from any term/condition, a separate sheet listing out the clause no(s) inwhich they propose to deviate and the details of proposed deviation shall beenclosed.

5. The tenders will be evaluated not only on the capital cost, but also taking intoaccount the net present value of the all inclusive maintenance contract amountquoted by the firm. For arriving at net present value, the following factors will beapplied.

(a) Life of the equipment 20 years

(b) Escalation factor 5% p.a.

(c) Discount factor 10% p.a.

6. The contractor shall furnish an undertaking in the proforma enclosed that they willmaintain the lift satisfactorily for a minimum period of 20 years from the date of expiryof the defect liability period at the rate quoted by them in this contract towards allinclusive maintenance service contract subject to only the Price variation clause asspecified in the tender.

7. During the currency of the annual maintenance service contract, if the downtime ofany lift exceeds one day in case of minor repairs and five days in case of majorrepairs, at any one instance, a penalty equivalent to four times of the daily rate ofservice contract amount (arrived at by dividing the annual contracted amount by 360and rounding it off to next higher rupee) multiplied by the number of penalty days, willbe recovered while renewing the service contract for further period. In case thecontractor is not able to render call back service due to "force majeure" conditionsprevailing at their works/office, the Bank may recover from the contractor, the pro-rata cost for that period. The vendor under such circumstances will be required toinform the Bank the date of commencement/termination of such "force majeure"conditions in their works/office. For the purpose of penalty, following items will beconsidered as major repairs.

a. Rewinding of motorb. Replacement of ropesc. Replacement of bearings, gears etc. in gear boxd. Replacement of guide shoes for the car and counter weighte. Replacement of trailing cables/control wiring

They shall also ensure that the required spares etc. for proper maintenance arereadily available with them for the complete life span of the lift.

8. The payment towards AMC charges will be made every quarter after satisfactorycompletion of the service.

9. In case of any accident due to non-functioning/malfunctioning of the safety devices,the criminal liability will solely rest with the tenderer.

Signature & seal of the tenderer

Page 9: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

(4) General Instructions To Tenderers And Special Conditions

1. Sealed tenders are invited in two parts – Part I containing Technical specifications &Commercial Conditions and Part II containing Prices. Both Part I and Part II are to besubmitted in duplicate in separate sealed covers and should be addressed to Shri R. N.KANDULWAR, Chief General Manager, Reserve Bank of India, Estate Cell, Mumbai-400 008 and superscribed “Tender for supply and installation of electrical lifts for Bank’sOfficers’ Quarters At Tardeo, Mumbai”(Part I/Part II) of Tenders should reach him notlater than 2.00 p.m. on 16th November 2005. Tenderers should clearly indicate on eachcopy of the tender under their full signature whether it is the original or duplicate copy.

2. No tender will be received after 2 p.m. on 16th November 2005 under any circumstanceswhatsoever.

3. (a) Part I of the tender will be opened at 3.00 pm on 21st November 2005 at his officeby Shri R.N.KANDULWAR, C.G.M, Reserve Bank of India, Estate Cell, Byculla,Mumbai-400 008 or any other officer designated for this purpose by him in thepresence of the tenderers or their representatives, should they choose to bepresent. Part II of the tenders will be opened on a subsequent date, which will beinformed to the tenderers.

(b) Tenders shall remain open for acceptance by the Bank for a period of threemonths from the date of opening Part-II of the tender which period may beextended by mutual agreement and the tenderer shall not cancel or withdraw thetender during this period.

(c) The tenderer must use only the forms issued by the Bank to fill in the rates.

4. (a) The tender form must be filled in English and all entries must be made by handand written in ink. If any of the documents is missing or unsigned, the tender maybe considered invalid by the Bank in its discretion.

(b) Rates should be quoted both in figures and words in columns specified. Allerasures and alterations made while filling the tender must be attested by initials ofthe tenderer. Overwriting of figures is not permitted. Failure to comply with either ofthese conditions will render the tender void at the Bank’s option. No advice of anychange in rate or conditions after opening of the tender will be entertained.

5. Each of the tender documents should be signed by the person or persons submitting thetender in token of his/their having acquainted himself/themselves with the GeneralConditions of Contract, Specifications, Special Conditions, etc. as laid down. Any tenderwith any of the documents not so signed is liable to rejection.

6. The tender submitted on behalf of a firm shall be signed by all the partners of the firm orby partner who has the necessary authority on behalf of the firm to enter into theproposed contract. Otherwise the tender may be rejected by the Bank.

7. The Reserve Bank of India does not bind itself to accept the lowest or any tender andreserves to itself the right to accept or reject any or all the tenders, either in whole or inpart, without assigning any reasons for doing so.

8. (a) EMD/RMDIntending tenderers shall pay as earnest money a sum of Rs. 40,000/- by ademand draft/Payment Order drawn on a scheduled bank payable to ReserveBank of India, Mumbai, or Earnest Money Deposit (EMD) in the form of aBank Guarantee of an approved Scheduled Bank in favour of Reserve Bankof India in the Proforma enclosed as Annexure `A’ on page 37 & 38 in thetender A tender which is not accompanied by demand draft/BG/PO will not beconsidered. The earnest money will not bear any interest and the same will bereturned to the tenderer if his tender is not accepted. EMD will be forfeited ifvendor does not respond / accept offer given by Bank within stipulated period.RMD & EMD for successful tenderer will be converted into security deposit andsame will be returned after period of one year subject to deductions of liquidateddamages / penalty if any.

Page 10: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

(b)

(c)

On award of contract, the successful tenderer shall furnish an amount equal to 5%(five percent) of the contract value by a Demand Draft/ Payment order or a BankGuarantee in prescribed form towards security deposit for the due fulfillment of thecontract. The earnest money deposit made at the time of submission of tender willbe returned thereafter. This Bank Guarantee shall be valid for the contractcompletion period upto the date of handing over of the lift installation and a furtherperiod of one year thereafter i.e. upto the date of expiry of the defect liabilityperiod.Any conditions other than specified above will not be accepted even if there is anydeviation indicated elsewhere in the tender.

9. All compensation or other sums of money payable by the Contractor to the Employerunder the terms of this Contract may be deducted from his earnest money and thesecurity deposit, if the amount so permits, unless the contractor deposits such amounts incash within ten days of issue of demand notice by the Bank.

10. On receipt of intimation from the Bank of the acceptance of his/their tender, thesuccessful tenderer shall be bound to implement the Contract and within fourteen daysthereof, the successful tenderer shall sign an agreement in accordance with the draftagreement but the written acceptance by the Reserve Bank of India of a tender willconstitute a binding agreement between the Reserve Bank of India and tenderer,whether such contract is or is not subsequently executed.

11. The successful tenderer shall submit, in duplicate, within a month on receipt ofacceptance of the tender, detailed working drawings and specifications showing thecomplete details of all his work required in connection with the contract and which is to bedone by the Reserve Bank of India. He will be held responsible for any discrepancies,errors and omissions in the drawing or particulars submitted by him even if these havebeen approved by the Bank. The drawings will be scrutinized by the Bank and returned tothe tenderer within two weeks of receipt, duly approved or with observations.

12. The contractor shall not assign the contract. He shall not sublet any portion of thecontract except with the written consent of the Employer. In case of breach of theseconditions, the Employer may cause the Architect to serve a notice in writing on theContractor rescinding the contract, whereupon the security deposit shall stand forfeited tothe Employer, without prejudice to his other remedies against the Contractor.

13. The Contractor shall carry out all the work strictly in accordance with drawing, details andinstructions of the Architect. If in the opinion of the Architect, changes have to be made inthe design and with the prior approval in writing of the Employer, they desire theContractor to carry out the same, the Contractor shall carry out the same without anyextra charge. The Architect’s decision in such cases shall be final and shall not be opento arbitration.

14. A Schedule of Probable Quantities in respect of each work and Specificationsaccompany these Special Conditions. The Schedule of Probable Quantities is liable toalteration by omissions, deductions or additions at the discretion of the Architect. Eachtender should contain not only the rates but also the value of each item of work entered ina separate column and all the items should be totaled in order to show the aggregatevalue of the entire tender.

15. The tenderer must obtain for himself, on his own responsibility and at his own expense,all the information which may be necessary for the purpose of making a tender and forentering into a contract and must examine the drawings, inspect the site of the work, andacquaint himself with all local conditions, means of access to the work, nature of the workand all matters appertaining thereto.

Page 11: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

16. The rates quoted in the tender shall include all charges for water, electric consumption,meters, scaffoldings, watching and lighting by night as well as day including Sundays andholidays, temporary electric supply, protection of the public and safety of adjacent roads,streets, cellars, vaults, ovens, pavements, walls, houses, buildings and all othererections, matters or things and the Contractor shall take down and remove any or allsuch centering, scaffolding etc. as occasion shall require or when ordered to do so, andfully reinstate and make good all matters and things disturbed during the execution ofwork and to the satisfaction of the Bank.

17. The basic price quoted shall be deemed to be for the finished work to be measured atsite. The basic price shall also be firm and shall not be subject to exchange variations,labour conditions, fluctuations in railway freights or any conditions, whatsoever, exceptfor adjustment as specified in Price Variation Formula. Tenderers must indicateseparately the rates of sales tax, works contract tax, excise duty, octroi levied by theCentral Government or any State Government or Local Authority, as applicable on thedue date of tender.

18. The following price variation clauses are applicable for this contract.

(a) On the contract value

PO 55MP 15WO(D) 15WO(I)P = --------- {15 + ---------- + ------------- + ------------} 100 MPO WO WO

P = New Basic Price payable as adjusted in accordance with the aboveprice variation formula.

PO = Basic Price (quoted cost) of lift installationMPO = Wholesale price index number for Metal Products as published by

the Reserve Bank of India in monthly bulletin (Base 1993-94 = 100)WO = Consumer price index number for Industrial Workers (Base 1982 =

100) as published by the Reserve Bank of India in monthly bulletin.The above index numbers i.e. MPO and WO are those published byReserve Bank of India as prevailing in the calendar month threemonths prior to the month of quotation (excluding the month ofquotation).

MP = Wholesale price index number for metal products as published by the Reserve Bank of India in their monthly bulletin. The applicablewholesale price index number for metal products would be thatprevailing on the month three months prior to the month ofcommencement of delivery (excluding the month of delivery). (Base1993-94 = 100).

WO(D) = Consumer price index number for Industrial Workers (Base 1982 =100) as published by the Reserve Bank of India in monthly bulletinfor the month three months prior to the month of commencement ofdelivery of manufactured materials excluding the month of delivery.

WO(I) = Consumer price index number for Industrial Workers (Base 1982 =100) as published by the Reserve Bank of India in monthly bulletin.The applicable consumer price index numbers for IndustrialWorkers would be for the month three months prior to the date ofcompletion of installation excluding the month of completion.

No escalation on materials will be applicable beyond the committed date of deliveryas per clause 18 above. Similarly no escalation on site labour component will beapplicable beyond the contractual completion period if the installation is delayedbeyond contractual completion period.

Page 12: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

(b) For all inclusive service contract

Ap MPc WIcAc = --------------- (50 x --------------- + 50 x ---------------) 100 MPp WIp

Ac = The contract amount for the current year.Ap = The contract amount for the previous year.MPc = Wholesale price index number for Metal Products 3 months prior to

the commencement date of contract for the current year.MPp = Consumer price index number for Metal Products 3 months prior to

the commencement date of contract for the previous year.WIc = Consumer Price Index for Industrial Workers for Mumbai 3 months

prior to commencement date of contract for the current year.WIp = Consumer Price Index for Industrial Workers for Mumbai 3 months

prior to the commencement date of contract for the previous year.

19. The final contract amount (including price variation, changes in rates of excise duty, salestax (Work Contract Tax/VAT and Entry Tax) will be arrived at as under.

(a) The price variation formula will be applied on the basic price quoted and the revisedbasic price will be arrived at.

(b) (i) When there is no change in the rates of excise duty or entry/octroi or workscontract tax, the amount of excise duty, works contract tax and entry tax/octroi willbe worked out considering the revised basic price, and new amounts of excise duty,works contract tax and entry tax/octroi will be added to the revised basic price, toarrive at the final contract amount.(ii) Whenever there is a statutory change (to be supported by documentaryevidence) in the rate of excise duty, VAT, entry tax/octroi and works contracttax/sales tax, the new amounts of excise duty, works contract tax and entrytax/octroi as per the statutory changes will be worked out, and added to the revisedbasic price, to arrive at the final contract amount.

(c) The percentage of basic price on which the excise duty (assessable value) isapplicable shall remain the same as indicated at the time of tendering and nochange in this will be acceptable.

20. Time allowed for carrying out the work, as mentioned in the Memorandum, shall bestrictly observed by the Contractor and it shall be reckoned from the 10th day after writtenorder to commence the work is issued. The work shall throughout the stipulated period ofthe contract be preceded with all the diligence and if the contractor fails to complete thework within the specified period, he shall be liable to pay compensation as defined inclause 27 of the conditions on page 24 of contract. The tenderer shall beforecommencing work prepare a detailed work programme which shall be approved by theArchitect and the Employer. The tenderers shall indicate the time schedule as per thebroad items of work listed below.(a) Submission & approval of drawings 6 Weeks from award of work (as per

clause 11)(b)(c)

Delivery of materials at siteDismantling & taking away ofexisting lifts

8

2

Weeks from above *

Weeks from above(d) Installation of lifts 10 Weeks from above(e) Testing & commissioning of lifts

As also obtaining licence4 Weeks from above

* Material may be got inspected in factory before dispatch

Page 13: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

21. The following insurance covers shall be taken. All these policies shall be for this specificwork and shall be in the joint names of Reserve Bank of India and the Contractor.• Storage, erection, testing and commissioning policy.• Workmen compensation policy for the employees of the contractor at site.• Third party liability policy for a total of Rs. 5 lakhs and with a limit of Rs. 1 lakh per

accident.• These policies shall be valid till the completion of work in all respects. If these policies

are not provided by the contractor by the time the works are commenced at site, theBank reserves the right to take the above insurance policies themselves and recoverthe cost thereof from the bill of the contractor.

22. Guarding and protecting hoist way shall be responsibility of the tenderer from the date ofcommencement of work at site. It should be ensured strictly for safety of residents.

23. The Bank shall provide 1 No. TPN switch fuse unit of the required capacity for each lift,suitable capacity MCB DB with necessary earth leads in the machine room for lift powerand lights respectively.

24. Tenders will be considered only from recognized firms of long standing, who have to theircredit large lift installation works. Each tenderer shall submit with his tender a list of largeworks of like nature he has executed, giving details as to their magnitude and cost, theproportion of work done by the Contractor in it and the time within which the works werecompleted.

25. The contractor shall not be entitled to any compensation for any loss suffered by him onaccount of delays in commencing or executing the work, whatever the cause of delaysmay be, including delays arising out of modifications to the work entrusted to him or inany sub-contract connected therewith or delays in awarding contracts for other trades ofthe project or in commencement or completion of such works or in procuring Governmentcontrolled or other building materials or in obtaining water and power connection forconstruction purpose or for any claim in respect thereof. The Employer does not acceptliability for any sum besides the tender amount, subject to such variations as are providedfor herein.

26. The successful tenderer is bound to carry out all items of work necessary for completionof the job even though such items are not included in the quantities and rates. Scheduleof instruction in respect of such additional items and their quantities will be issued inwriting by the Bank.

27. A brief specification and design data accompany these special conditions. It is not to beaccepted as final by any means. The tenderers are expected to explain in detail thevarious designs in lift mechanism offered, which would give a more enhanced workingand finish.

28. The successful tenderer must co-operate with the other contractors appointed by theBank so that the work shall proceed smoothly with the least possible delay. He shouldmake his own arrangement for storage and protection of all materials supplied by him.

29. The contractor must bear in mind that all the work shall be carried out strictly inaccordance with the specifications made by the Architect and also in compliance of therequirement of the local public authorities and to the requirements of the Lift Inspectorateand any other Acts/Rules/Regulations and no deviation on any account will be permitted.

30. The successful tenderer shall obtain and pay for necessary inspection fee levied by theGovernment and/or any other authorities and obtain necessary permit as required andalso conduct such tests as are called for by the regulation of the authorities without anyextra cost to the Employer. The inspection fee will be reimbursed by the Bank. The workwill be considered virtually completed only from the date of obtaining the licence/permitfrom the lift inspector for operating the lifts.

Page 14: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

31. The entire equipment shall be guaranteed to be free from defective workmanship ormaterials and any defects that may appear within 12 months from the date of issue ofcompletion certificate, which in the opinion of the Architect have arisen from badworkmanship or materials, shall upon intimation by the Architect, be made good by theContractor at his own cost within the time specified. During the said period of 12 months,the successful tenderer shall make periodical inspection of the working of the lifts free ofcharge at least once a month or earlier, if required, and attend to the lubrication of thevarious parts and such other service that may be required of him.

32. In the event of its being necessary to import any materials of foreign manufacture, thetenderer should obtain the same against his own normal licence quota, and should notlook to the Employer for any assistance, whatsoever, for their procurement.

33. The rate quoted in the tender shall also include electric consumption charges for power. Ifpower is available at the site, the Contractor shall have to make his own arrangements toobtain the connection from the available source at his own expense and maintain anefficient service of electric light and power and shall pay for the electricity consumed andmaintain the installations at his own cost. If no power is available at the site, theContractor shall have to make his own arrangements to obtain power connections andmaintain at his own expense an efficient service of electric light and power and shall payfor the electricity consumed. However, power for testing and commissioning shall beprovided by the Bank.

34. The payment for the works to be executed under this contract shall be made as followsand no variation in the mode of payment will be acceptable to the Reserve Bank of India.(a) 60% of the contract pro-rata against delivery of materials at site after checking the

same(b) 20% of the contract pro-rata on completion of installation & erection(c) 10% of the contract pro-rata on testing/commissioning(d) 10% on obtaining certificate from the competent authorities of the state government

and on handing over of the lift installation for regular use by the Bank.

35. All compensation or other sums of money payable by the contractor to the Employerunder the terms of this contract may be deducted from the money held by the Employerunder clause 34 above, if the amount so permits.

36. The term ‘Architect’ wherever appears shall mean Chief General Manager, Reserve Bankof India, Estate Department, Mumbai 400001.

I/We hereby declare that I/we have read and understood the above instructions for the guidanceof the tenderers.

Witness Signature, name & stamp of tenderer

Address Address

Date Date

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(5) Safety Code

1. First-aid appliances, including adequate supply of sterilized dressings and cottonwool, shall be maintained in a readily accessible place.

2. The injured person shall be taken to a public hospital without loss of time, in caseswhere the injury necessitates hospitalization.

3. Suitable and strong scaffolds should be provided for workmen for all works thatcannot safely be done from ground.

4. No portable single ladder shall be over 8 meters in length, the width between theside rails not less than 30 cm (clear) and the distance between two adjacent rungsshall not be more than 30 cm. When a ladder is used, an extra mazdoor shall beengaged for holding the ladder.

5. The excavated material shall not be placed within 1.5 meters of the edge of thetrench or half of the depth of the trench, whichever is more. All trenches andexcavations shall be provided with necessary fencing whose minimum height shallbe one metre.

6. Every opening in the floor of a building or a working platform shall be provided withsuitable means to prevent the fall of persons or materials by providing suitablefencing or railing whose minimum height shall be one metre.

7. No floor, roof or other part of the structure shall be so over-loaded with debris ormaterials as to render it unsafe.

8. Workers employed on mixing and handling material such as asphalt, cement, mortaror concrete and lime mortar shall be provided with protective footwear and rubberhand-gloves.

9. Those engaged in welding works shall be provided with welder’s protective eye-shields and gloves.

10. No paint containing lead or lead products shall be used except in the form of pasteor readymade paint.

11. Suitable facemasks should be supplied for use by the workers when the paint isapplied in the form of spray or surface having lead paint dry rubbed and scrapped.

12. Hoisting machines and tackles used in the work, including their attachments,anchorage and supports shall be in perfect condition.

13. The ropes used in hoisting or lowering material or as a means of suspension shall beof durable quality and adequate strength and free from defects.

Signature, name & stamp of tenderer

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(6) The Conditions Hereinafter Referred To

Interpretation Clause

1 In construing these Conditions, the Specifications, Schedule of Quantities and ContractAgreement, the following words shall have the meanings herein assigned to them exceptwhere the subject or context otherwise required.

(a) “Employer” Shall mean The Reserve Bank of India and shall include its assignsand successors.

(b) “Contractor”(in the case of apartnership)

“Contractor” shall mean ___________________________________________________________________________ and_________________________________________________trading in the name and style of _________________________________________________________________________ andhaving a place of business at ______________________ and shallinclude the partners for the time being of the said firm and the legalrepresentatives of a deceased partner.

(in the case ofindividual)

“Contractor” shall mean Shri _________________________________________________ trading in the name and style of_________________________________________________ andshall include his heirs, successors and legal representatives.

(in the case ofCompany)

“Contractor” shall mean _______________________________________________________________________________ acompany incorporated under ________________________ andhaving its registered office at _______________________________________________________________________ andshall include its successors and assigns.

(c) “Site” Shall mean the site of the contract works including any building anderections thereon and any other land (inclusively) as aforesaidallotted by the Employer for the Contractor’s use.

(d) “This Contract” Shall mean the Articles of Agreement, the Special Conditions, theConditions, the Appendix, the Schedule of Quantities andSpecifications attached hereto and duly signed.

(e) “Notice in writing” Or written notice shall mean a notice in written, typed or printedcharacters sent (unless delivered personally or otherwise proved tohave been received) by registered post to the last known private orbusiness address to have been received when in the ordinarycourse of post it would have been delivered.

(f) “Act of Insolvency” Shall mean any Act of Insolvency ad defined by the PresidencyTowns Insolvency Act or the Provincial Insolvency Act or any Actamending such original.

(g) “Net Prices” If in arriving at the contract amount, the Contractor shall have addedto or deducted from the total of the items in the Tender any sum,either as a percentage or otherwise, then the net price of any item inthe tender shall be the sum arrived at by adding to or deductingfrom the actual figure appearing in the Tender as the price of thatitem a similar percentage or proportion of the sum so added ordeducted by the Contractor the total amount of any Prime Costitems and provisional sums of money shall be deducted from thetotal amount of the tender. The expression “net rates” or “net prices”when used with reference to the contract or accounts shall be heldto mean rates or prices so arrived at.

(h) “The works” Shall mean the Supply and Installation of Lifts for Bank’s__________________________________________________________________________________ for the Employer at_________________________ as provided herein.

Word importing persons include firms and corporations. Word importing the singular only alsoinclude the plural and vice-versa where the context requires.

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Scope of Contract

2. The Contractor shall carry out and complete the said work in every respect in accordancewith this Contract and with the directions of and to the satisfaction of the Architect. TheArchitect may in his absolute discretion and from time to time issue further drawingsand/or written instructions, details, directions and explanations, which are hereaftercollectively referred to as ”Architect’s Instructions” in regard to :

(a) The variation or modification of the design, quality or quantity of works or theaddition or omission or substitution of any work.

(b) Any discrepancy in the Drawings or between the Schedule of Quantities and/orDrawings and/or Specifications.

(c) The removal from the site of any materials brought thereon by the Contractor andthe substitution of any other material therefor.

(d) The removal and/or re-execution of any works executed by the Contractor.(e) The dismissal from the works of any persons employed thereupon.(f) The opening up for inspection of any work covered up.(g) The amending and making good of any defects under Clause 19 hereof.

The Contractor shall forthwise comply with and duly execute any work comprised in suchArchitect’s instructions provided always that verbal instructions, directions andexplanations given to the Contractor or his representatives upon the works by theArchitect shall, if involving a variation, be confirmed in writing by the Contractor withinseven days, and if not dissented from in writing within a further seven days by theArchitect, such shall be deemed to be Architect’s instructions within the scope of theContract.

Variations to be approved by Employer

Notwithstanding anything herein contained, the Architect or his representative shall not,without the prior, concurrence in writing of the Employer, issue any instructions, verbal orin writing, which will result in the Employer having to pay the Contractor an additionalsum greater than Rs.2,500.00 and all instructions issued to the Contractor shouldforthwith be brought to the notice of the Employer. The Contractor shall submit throughthe Architect, a statement of variations giving a quantity and rates duly supported byanalysis of rates, vouchers etc. The rates on scrutiny and final acceptance by theEmployer shall form a supplementary tender. The Employer shall not be liable forpayment of such variations until these statements are sanctioned by it.

Drawings, Schedule Of Quantities & Agreement

3. The Contract shall be executed in triplicate and the Architect, the Employer and theContractor shall be entitled to one executed copy each for his use. The Contractor on thesigning hereof shall be furnished by the Architect free of cost one copy of each of the saidDrawing and of the Specifications and one copy of all further Drawings issued during theprogress of the works. Any further copies of such Drawings required by the Contractorshall be paid for by him. The Contractor shall keep one copy of all Drawings on the worksand the Architect or his representative shall at all reasonable times, have access to thesame. Before the issue of the final certificate to the Contractor, he shall forthwith return tothe Architect, all Drawings and Specifications.

Contractor to provide everything necessary at his cost

4. The Contractor shall provide at his cost, everything necessary for the proper execution ofthe works according to the intent and meaning of the Drawings, Schedule of Quantitiesand Specifications taken together whether the same may or may not be particularlyshown or described therein provided that the same can reasonably be inferred therefrom,and if the Contractor finds any discrepancy in the Drawings or between the Drawings,Schedule of Quantities and Specifications, he shall immediately and in writing refer sameto the Architect who shall decide which is to be followed.

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Authorities, Notices and Patents

5. The Contractor shall conform to the provisions of any Act of the Legislature relating to theworks, and to the regulations and bye-laws of any authority, and of any water, electricsupply and other companies and/or authorities with whose systems, the structure isproposed to be connected and shall, before making any variations from the Drawings orSpecifications that may be necessitated by so conforming, give to the Architect, writtennotice, specifying the variation proposed to be made and the reason for making it andapply for instructions thereon. In case the Contractor shall not receive such instructionswithin ten days, he shall proceed with the work conforming to the provisions, regulationsor bye-laws, in question, and any variation so necessitated shall be dealt with underClause No.13 thereof.

The Contractor shall bring to the attention of the Architect, all notices required by the saidActs, regulations or bye-laws to be given to any authority and pay to such authority, or toany public office, all fees that may be properly chargeable in respect of the works, andlodge the receipts with the Architect.

The Contractor shall indemnify the Employer against all claims in respect of rights, andshall defend all actions arising from claims, and shall himself pay all royalties, licensefees, damages, cost and charges of all and every sort that may be legally incurred inrespect thereof.

Setting out of works

6. The Contractor shall set out the works and shall be reasonable for the true and perfectsetting out of the same and for the correctness of the positions, levels, dimensions, andalignment of all parts thereof. If at any time any error in this respect shall appear duringthe progress of the works within a period of one year from the completion of the works,the Contractor shall, if so required, at his own expense, rectify such error to thesatisfaction of the Architect.

Materials and workmanship to conform the descriptions

7. All materials and workmanship shall so far as procurable be of the respective kindsdescribed in the Schedule of Quantities and/or Specifications and in accordance with theArchitect’s instructions, and the Contractor shall upon the request of the Architect furnishhim with all invoices, accounts receipts and other vouchers to prove that the materialscomply therewith. The Contractor shall at his own cost arrange for and/or carry out anytest of any materials which the Architect may require.

Contractor’s superintendence and representative on the works

8. The Contractor shall give all necessary personal superintendence during the execution ofthe works, and as long thereafter as the Architect may consider necessary until theexpiration of the “Defects Liability Period” stated in the Appendix hereto. The Contractorshall also during the whole time the works are in progress, employ a competentrepresentative who shall be constantly in attendance at the works while the men are atwork. Any directions, explanations, instructions or notices given by the Architect to suchrepresentative shall be held to be given to the Contractor.

Dismissal of Workmen

9. The Contractor shall on the request of the Architect, immediately dismiss from the works,any person employed thereon by him who may, in the opinion of the Architect, beincompetent or misconduct himself and such persons shall not be again employed on theworks, without the permission of the Architect.

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Access to Works

10. The Employer, the Architect and their respective representatives shall at all reasonabletimes have free access to the works and/or the workshops, factories or other placeswhere materials are lying or from which they are being obtained and the Contractor shallgive every facility to the Employer, the Architect and their representatives necessary forinspection and examination and test of the materials and workmanship. No person notauthorised by the Employer or the Architect except the representatives of publicauthorities shall be allowed on the works at any time.

Assistant Manager (Tech)

11. The term “Assistant Manager (Tech)” shall mean the person appointed and paid by theEmployer and acting under the orders of the Architect to inspect the works in the absenceof the Architect, the Contractor shall afford the Assistant Manager, every facility andassistance for inspecting the works and materials and for checking and measuring timeand materials. Neither the Assistant Manager (Tech) nor any representatives of theArchitect shall have power to set out works or to revoke, alter, enlarge or relax anyrequirements of the Contract or to sanction any work, additions, alterations, deviations oromissions or any extra work whatever, except in so far as such authority may be speciallyconferred by a written order of the Architect with the prior concurrence in writing of theEmployer.

The Assistant Manager (Tech) or any representative of the Architect, or the Employershall have power to give notice to the Contractor or to his representative of non-approvalof any work or materials and such work shall be suspended or the use of such materialsshall be discontinued by the Architect, the Assistant Manager or the Architect’srepresentative, but such examination shall not in any way exonerate the Contractor fromthe obligation to remedy any defects which may be found to exist at any stage of theworks or after the same is completed. Subject to the limitation of this Clause theContractor shall take instructions only from the Architect.

Assignments and Sub-letting

12. The whole of the works included in the Contract shall be executed by the Contractor andthe Contractor shall not directly or indirectly transfer, assign or under-let the Contract orany part share thereof or any interest therein without the prior written consent of theEmployer, and no undertaking shall relieve the Contractor from the full and entireresponsibility of the Contract or from active superintendence of the works during theirprogress.

13 No alteration, omission or variation shall vitiate this Contract but in case the Architectthinks proper at any time during the progress of the works to make any alterations in oradditions to or omissions from the works or any alteration in the kind or quality of thematerials to be used therein and shall give notice thereof in writing under his hand to theContractor, the Contractor shall alter, add to or omit from, as the case may be, inaccordance with such notice but the Contractor shall not do any work extra to or makeany alterations or additions to or omissions from the works or any deviation from any ofthe provisions of the Contract, Stipulation, Specifications or Contract Drawings withoutthe previous consent in writing of the Architect and the value of such extras, alterations,additions or omissions shall in all cases be determined by the Architect, with the priorapproval in writing of the Employer in accordance with the provisions of Clause 17hereof, and the same shall be added to or deducted from the Contract Amount, as thecase may be, accordingly.

Schedule of Quantities

14. The Schedule of Quantities, unless otherwise stated, shall be deemed to have beenprepared in accordance with the Standard Method of Measurement.

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Any error in description or in quantity or in omission of items from the Schedule ofQuantities shall not vitiate this contract but shall be rectified and the value thereof asascertained under Clause 17 hereof, shall be added to, or deducted from , the ContractAmount (as the case may be) provided that no rectification of errors, if any, shall beallowed in the Contractor’s Schedule of Rates.

Sufficiency of Schedule of Quantities

15. The Contractor shall be deemed to have satisfied himself before tendering as to thecorrectness and sufficiency of his tender for the works and of the prices stated in theSchedule of Quantities and/or the Schedule of Rates and Prices which rates and pricesshall cover all his obligations under the Contract, and all matters and things necessary forthe proper completion of the works.

Measurement of Works

16. The Architect may from time to time intimate to the Contractor and the Employer that herequires the works to be measured, and the Contractor shall forthwith attend or send aqualified Agent to assist the Architect or the Architect’s representative or the AssistantManager (Tech) in taking such measurements and calculations and to furnish allparticulars or to give all assistance required by any of them.

Should the Contractor not attend or neglect or omit to send such Agent, then themeasurement taken by the Architect or a person approved by him shall be taken to becorrect measurements of the works. Such measurements shall be taken in accordancewith the Mode of Measurement detailed in the Specifications.

The Contractor or his Agent may at the time of measurement take such notes andmeasurements as he may require.

All authorised extra works, omissions and all variations made without the Architect’sknowledge, if subsequently sanctioned by him in writing (with the prior approval in writingof the Employer) shall be included in such measurements.

Prices for extra etc. ascertainment of

17. The Contractor may, when authorised, and shall, when directed in writing by the Architectwith the approval of the Employer, add to, omit from , or vary the works shown upon thedrawings, or described in the Specification, or included in the Schedule of Quantities, butthe Contractor shall make no addition, omission or variation without such authorisation ordirection. A verbal authority or direction by the Architect shall, if confirmed by him inwriting seven days, be deemed to have been given in writing

No claim for any extra shall be allowed unless it shall have been executed underprovisions of Clause 5 hereof or by the authority of the Architect with the concurrence ofthe Employer as herein mentioned. Any such extra is herein referred to as authorisedextra and shall be made in accordance with the following provisions.

(a) (i) The net rates or prices in the original tender shall determine the valuation ofthe extra work where such extra work is of similar character and executedunder similar conditions as the work priced therein.

(ii) Rates for all items, wherever possible, should be derived out of the ratesgiven in the Priced Schedule of Quantities.

(b) The net prices of the original tender shall determine the value of the items omitted,provided if omissions vary the conditions under which any remaining items ofworks are carried out, the prices for the same shall be valued under sub-clause (c)hereof.

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(c) Where the extra works are not of similar character and/or executed under similarconditions as aforesaid or where the omissions vary the conditions under whichany remaining items of works are carried out or if the amount of any omission oradditions relative to the amount of the whole of the Contract works or to any partthereof shall be such that in the opinion of the Architect the net rate or pricecontained in the Priced Schedule of Quantities or tender or for any item of theworks involves loss or expense beyond that reasonably contemplated by theContractor or is by reason of such omission or addition rendered unreasonable orinapplicable, the Architect shall fix such other rate or price as in the circumstanceshe shall think reasonable and proper, with the prior approval in writing of theEmployer.

(d) Where extra work can not be properly measured or valued, the Contractor shall beallowed day work prices at the net rates in accordance with the local day workrates and wages for the district, provided that in either case vouchers specifyingthe daily time (and if required by the Architect, the workmen’s names) andmaterials employed, be delivered for verification to the Architect or hisrepresentative at or before the end of the week following that in which the work hasbeen executed.

The measurement and valuation in respect of the Contract shall be completed within the“period of final measurement” stated in the Appendix, or if not stated, then within 6months of the completion of the Contract Works as defined in Clause 21 hereof.

Unfixed materials when taken into account to be the property of the Employer

18. Where in any Certificate (of which the Contractor has received payment) the Architecthas included the value of any unfixed materials intended for and/or placed on or adjacentto the works, such materials shall become the property of the Employer and they shall notbe removed except for use upon the works, without the written authority of the Architect.The Contractor shall be liable for any loss of or damage to such materials.

Removal of improper work

19. The Architect shall, during the progress of the works, have power to order in writing fromtime to time the removal from the works within such reasonable time or times, as may bespecified in the order, of any materials which in the opinion of the Architect are not inaccordance with the Specifications or the instructions of the Architect, the substitution ofproper materials, and the removal and proper re-execution of any work executed withmaterials or workmanship not in accordance with the Drawings and Specifications orinstruction, and the Contractor shall forthwith carry out such order at his own cost. Incase of default on the part of the Contractor to carry out such order, the Employer shallhave the power to employ and pay the other persons to carry out the same, and allexpenses consequent thereon, or incidental thereto, as certified by the Architect shall beborne by the Contractor, or may be deducted by the Employer from any moneys due, orthat may become due, to the Contractor.

Defects after virtual completion

20. Any defect, shrinkage, settlement or other faults which may appear within the “DefectsLiability Period” stated in the Appendix hereto, if none stated, then within 12 months afterthe virtual completion of the works, arising in the opinion of the Architect from materials orworkmanship not in accordance with the contract, shall upon the directions in writing ofthe Architect, and within such reasonable time as shall be specified therein, be amendedand made good by the Contractor, at his own cost and in case of default, the Employermay employ and pay other persons to amend and make good such defects, shrinkage,settlements or other faults, and all damages, loss and expenses consequent thereon orincidental thereto shall be made good and borne by the Contractor and such damage,loss and expenses shall be recoverable from him by the Employer or may be deductedby the Employer, upon the Architect’s Certificate in writing, from any moneys due or thatmay become due to the Contractor, or the Employer may in lieu of such amending and

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making good by the Contractor deduct from any money due to the Contractor a sum to bedetermined by the Architect equivalent to the cost of amending such work and in theevent of the amount retained under Clause 32 hereof being insufficient, recover thebalance from the Contractor, together with any expenses the Employer may haveincurred in connection therewith. Should any defective work have been done or materialsupplied by any Sub-Contractor employed on the works who has been nominated orapproved by the Architect as provided in Clauses 12 and 22 hereof, the Contractor shallbe liable to make good in the same manner as if such work or material had been done orsupplied by the Contractor and been subject to the provisions of this Clause and Clause2 hereof. The Contractor shall remain liable under the provision of this Clause,notwithstanding the signing of any certificate or the passing of any accounts, by theArchitect.

Certificate of virtual completion and Defects Liability Period

21. The works shall not be considered as completed until the Architect has certified in writingthat they have been virtually completed. The Defects Liability Period shall commencefrom the date of such Certificate.

Nominated Sub-Contractor

22. All Specialists, Merchants, Tradesman and others executing any work of supplying anfixing any goods, for which prime cost prices or provisional sums are included in theSchedule of Quantities and/or Specifications, who may be nominated or selected by theArchitect are hereby declared to be Sub-Contractors employed by the Contractor and areherein referred to as nominated Sub-Contractors.

No nominated Sub-Contractors shall be employed on or in connection with the worksagainst whom the Contractor shall make reasonable objection or (save where theArchitect and Contractor shall otherwise agree) who will not enter into Contract providing.

(a) That the nominated Sub-Contractors shall indemnify the Contractor against theobligation in respect of the Sub-Contractor as the Contractor is under in respect ofthis Contract.

(b) That the nominated Sub-Contractor shall indemnify the Contractor against claimsin respect of any negligence by the Sub-Contractor, his servants or agents or anymisuse by him or them of any scaffolding or other plant, the property of theContractor or under any Workmen’s Compensation Act in force.

(c) Payment shall be made to the nominated Sub-Contractor within fourteen days ofhis receipt of the Architect’s Certificate provided that before any Certificate isissued, the Contractor shall upon request furnish to the Architect proof that allnominated Sub-Contractor’s accounts included in previous Certificates have beenduly discharged, in default whereof, the Employer may pay the same upon acertificate of the Architect and deduct the amount thereof from any sums due tothe Contractor. The exercise of this power shall not create privity of contract asbetween Employer and Sub-Contractor.

Other persons employed by Employer

23. The Employer reserves the right, with the concurrence of the Architect, to use thepremises and any portions of the site for the execution of any work not included in thisContract, which it may desire to have carried out by other persons, and the Contractorshall allow all reasonable facilities for the execution of such work but shall not be requiredto provide any plant or materials for the execution of such work. Such work shall becarried out in such manner as not to impede the progress of the works included in theContract and the Contractor shall not be reasonable for any damage or delay which mayhappen to or occasioned by such work.

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Insurance in respect of damage to person and property

24. The Contractor shall insure for all injury to persons, animals or things, and for allstructural and decorative damage to property which may arise from the operation orneglect of himself or of any nominated Sub-Contractor or any employee or either,whether such injury or damage arises from carelessness, accident or any other causewhatever, in any way connected with the carrying out of this Contract.

This Clause shall be held to include inter alia, any damage to buildings, whetherimmediately adjacent or otherwise, and any damage to roads, streets, footpaths, bridgesor ways as well as all damage caused to the buildings and works forming the subject ofthis Contract by frost, rain wind or other inclemency of weather. The Contractor shallindemnify the Employer and hold him harmless in respect of all and any expenses arisingfrom any such injury or damage to persons or property as aforesaid and also in respect ofany claim made in respect of injury or damage under any Acts of any legislature orotherwise and also in respect of any award of compensation or damages consequentupon such claim.

The Contractor shall reinstate all damage of every sort mentioned in this Clause, so as todeliver up the whole of the Contract works complete and perfect in every respect and soas to make good or otherwise satisfy all claims for damage to the property of third parties.

The Contractor shall indemnify the Employer against all claims which may be madeagainst the Employer by any member of the public or other third party in respect ofanything which may arise in respect of the works or in consequences thereof and shall athis own expense arrange to effect and maintain, until the virtual completion of theContract, with an approved Office a Policy of Insurance in the joint names of theEmployer and the Contractor against such risks and deposit such Policy or Policies withthe Architect from time to time during the currency of this Contract. The Contractor shallalso similarly indemnify the Employer against all claims which may be made upon theEmployer whether under the Workmen’s Compensation Act or any other statute in forceduring the currency of this contract or at Common Law in respect of any employee of theContractor or any Sub-Contractor and shall at his own expenses effect and maintain, untilthe virtual completion of the Contract, with an approved Office a Policy of Insurance inthe joint names of the Employer and the Contractor against such risks and deposit suchPolicy or Policies with the Architect from time to tome during the currency of the Contract.

The Contractor shall be responsible for any liability which may be excluded from theInsurance Policies above referred to and also for all other damages to any person, animalor property arising out of and incidental to the negligent or defective carrying out of thisContract. He shall also indemnify the Employer in respect of any costs, charges orexpenses arising out of any claim or proceedings and also in respect of any award ofcompensation or damages, arising therefrom.

The Employer shall with the concurrence of the Architect, be entitled to deduct theamount of any damage, compensation, costs, charges and expenses arising or accruingfrom or in respect of any such claims or damage from any or all sums due or to becomedue to the Contractor, without prejudice to the Employer’s other rights in respect thereof.

Fire Insurance

25. (a) The Contractor shall, within 14 days from the date of commencement of theworks, insure the works at his cost and keep them insured until the virtualcompletion of the work, against loss or damage by fire with an Office to beapproved by the Architect, in the joint names of the Employer and Contractor (thename of the former being placed first in the Policy), for the full amount of the

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contract and for any further sum if called upon to do so by the Architect, thepremium of such further sum, being allowed to the Contractor as an authorisedextra. Such policy shall cover the property of the Employer only and theArchitect’s and Surveyors’ fees for assessing the claim and in connection with hisservices generally in the reinstatement and shall not cover any property of theContractor or of any Sub-Contractor or employee. The Contractor shall depositthe Policy and receipts for the premia with the Architect within twenty-one daysfrom the commencement of the works unless otherwise instructed by theArchitect. In default of the Contractor insuring as provided above, the Employer,or the Architect on his behalf, may so insure the works and may deduct thepremia paid from any moneys due or which may become due to the Contractorwithout prejudice to the other rights of the Employer in respect of such default. Incase it becomes necessary to suspend the works, the Contractor shall, as soonas the claim under the Policy is settled, or the work reinstated by the InsuranceOffice, should they elect to do so, proceed with all due diligence with thecompletion of the works in the same manner as though the fire had not occurredand in all respects under the same Conditions of Contract. The Contractor in caseof rebuilding or reinstatement after fire, shall be entitled to such extension of timefor completion as the Architect deems fit.

(b) The amount so due as aforesaid shall be the total value of the works dulyexecuted and of the Contract materials and goods delivered upon the site for usein works upto and including a date not more than seven days prior to the date ofthe said Certificate lees the amount to be retained by the Employer (as hereinafterprovided) and less any installments previously paid under this Clause. Providedthat such certificate shall only include the value of the said materials and goodsas and from time to time as they are reasonably, properly and not prematurelybrought upon the site and then only if properly stored and/or protected againstweather.

Date of Commencement And Completion

26. The Contractor shall be allowed admittance to the site on the “Date of Commencement”stated in the Appendix hereto or such later date as may be specified by the Architect andhe shall thereupon and forthwith being the works and shall regularly proceed with andcomplete the same (except such painting or other decorative work as the Architect maydesire to delay) on or before the “Date of Completion” stated in the Appendix subjectnevertheless to the provisions for extension of time hereinafter contained.

Damages for Non-completion

27. If the Contractor fails to complete the works by the date stated in the Appendix on page45 or within any extended time under Clause 28 hereof and the Architect certifies inwriting that in his opinion the same ought reasonably to have been completed, theContractor shall pay the Employer the sum named in the Appendix as “LiquidatedDamages” for the period during which the said works shall so remain incomplete and theEmployer may deduct such damages from any moneys due to the Contractor.

Delay And Extension of Time

28. If in the opinion of the Architect, the works be delayed (a) by force majeure or (b) byreason of any exceptionally inclement weather or (c) by reason of proceedings taken orthreatened by or dispute with adjoining or neighbouring owners or public authoritiesarising otherwise than through the Contractor’s own default or (d) by the works or delaysof other Contractors or Tradesmen engaged or nominated by the Employer or theArchitect and not referred to in the Schedule of Quantities, and/or Specification or (e) byreason of Architect’s instructions as per Clause 2 hereof or (f) by reason of civilcommotion, local combination of workmen or strike or lock-out affecting any of thebuilding trades or (g) in consequence of the Contractor not having received in due time,necessary instructions from the Architect for which he shall have specifically applied in

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writing or (h) from other causes which the Architect may certify as beyond the control ofContractor or (i) in the event the value of the work exceeds the value of the PricedSchedule of Quantities owing to variation, the Architect may, with the previous approvalin writing of the Employer, make a fair and reasonable extension of time for completion ofthe Contract works,, in case of such strike or lock-out the Contractor shall neverthelessconstantly use his endeavours to prevent delay and shall do all that may reasonably berequired to the satisfaction of the Architect to proceed with work.

Failure by Contractor to comply with Architect’s instructions

29. If the Contractor after receipt of written notice from the Architect requiring compliancewithin ten days fails to comply with such further drawings and/or Architect’s instructions,the Employer may employ and pay other persons to execute any such work whatsoeverthat may be necessary to give effect thereto, and all costs incurred in connectiontherewith shall be recoverable from the Contractor by the Employer on the Certificate ofthe Architect as a debt or may be deducted by him from any moneys due to theContractor.

Termination of Contract by the Employer

30. If the Contractor being an individual or a firm commits any “act of insolvency”, or shall beadjudged an insolvent or being an Incorporated Company shall have an order forcompulsory winding up made against it or pass an effective resolution for winding upvoluntarily or subject to the supervision of the Court and the Official Assignee of theLiquidator, in such acts of insolvency or winding up, as the case may be, shall be unable,within seven days after notice to him requiring him to do so, to show the reasonablesatisfaction of the Architect that he is able to carry out and fulfil the Contract and to givesecurity therefor, if so required by the Architect.

Or if the Contractor (whether an individual, firm or Incorporated Company) shall sufferexecution or other process of Court attaching property to be issued against theContractor,

Or shall suffer any payment under this Contract to be attached by or an behalf of any ofthe creditors of the Contractor,

Or shall assign or sublet this Contract without the consent in writing of the Employer firsthad obtained,

Or shall charge or encumber this Contract or any payments due or which may becomedue to the Contractor hereunder,

Or if the Architect shall certify in writing to the Employer that the Contractor

(i) has abandoned the Contract, or(ii) has failed to commence the works, or has without any lawful excuse under those

Conditions suspended the progress of the works for 14 days after receiving fromthe Architect notice to proceed, or

(iii) has failed to proceed with the works with such due diligence and failed to makesuch due progress as would enable the works to be completed within the timeagreed upon, or

(iv) has failed to remove materials from the site or to pull down, and replace work forseven days after receiving from the Architect written notice that the saidmaterials or work were condemned and rejected by the Architect under theseConditions or

(v) has neglected or failed persistently to observe and perform all or any of the acts,matters or things by this Contract to be observed and performed by theContractor for seven days after written notice shall have been given to theContractor requiring the Contractor to observe or perform the same.

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Then and in any of the said cases, the Employer may notwithstanding any previouswaiver, after giving seven day’s notice in writing to the Contractor, determine theContract, but without thereby affecting the powers of the Architect or the obligations andliabilities of the Contractor, the whole of which shall continue in force fully as if theContract had not been so determined, and as if the works subsequently executed hadbeen executed by or on behalf of the Contractor and further, the Employer by his agentsor servants may enter upon and take possession of the works and all plant, tools,scaffoldings, sheds, machinery, steam and other power utensils and materials lying uponthe premises or the adjoining lands or roads, and use the same as his own property ormay employ the same by means of his servants and workmen in carrying on andcompleting the works or by employing any other Contractor or other person or persons tocomplete the works, and the Contractor or other person or persons employed forcompleting and finishing or using the materials and plant for the works. when the worksshall be completed or as soon thereafter as convenient, the Architect shall give a noticein writing to the Contractor to remove his surplus materials and plant, and should theContractor fail to do so within a period of 14 days after receipt thereof by him, theEmployer may sell the same by public auction, and give credit to the Contractor for thenet amount realised. The Architect shall thereafter ascertain and certify in writing underhis hand what (if anything) shall be due or payable to, or by the Employer, for the value ofthe said plant and materials so taken possession of by the Employer and the expense orloss which the Employer shall have been put to in procuring the works to be completed,and the amount, if any, owing to the Contractor and the amount which shall be socertified shall thereupon be paid by t he Employer to the Contractor or by the Contractorto the Employer, as the case may be, and the Certificate of the Architect shall be finaland conclusive between the parties.

Termination of Contract by Contractor

31. If payment of the amount payable by the Employer under Certificate of the Architect shallbe in arrears and unpaid for thirty days after notice in writing requiring payment of theamount as aforesaid shall have been given by the Contractor to the Employer, or if theEmployer interferes with or obstructs the issue of any such Certificate, or if the Employershall repudiate the Contract, or if the works be stopped for three months under the orderof the Architect or the Employer or by any injunction or other order of any Court of Law,then and in any of the said cases, the Contractor shall be at liberty to determine theContract by notice in writing to the Employer, through the Architect, and he shall beentitled to recover from the Employer, payment for all works executed and for any loss hemay sustain upon any plant or materials supplied or purchased or prepared for thepurpose of the Contract.

In arriving at the amount of such payment, the net rates contained in the Contractor’soriginal Tender shall be followed, or where the same may not apply, valuation shall bemade in accordance with Clause 17 hereof.

Certificates and Payments

32. The Contractor shall be paid by the Employer from time to time by installments underInterim Certificate to be issued by the Architect to the Contractor on account of the worksexecuted, when in the opinion of the Architect, work to the approximate value named inthe Appendix as “Value of work for Interim Certificates” (or less at the reasonablediscretion of the Architect) has been executed in accordance with this Contract, subjecthowever, to a retention of the percentage of such value named in the Appendix hereto as“Retention percentage for Interim Certificates” until the total amount retained shall reachthe sum named in the Appendix as “Total Retention Money” after which time theinstallments shall be upto the full value of work, subsequently so executed and fixed inthe building. The Architect may, at his discretion, include in the Interim Certificate suchamount, as he may consider proper on account of materials delivered upon the site bythe Contractor for use in the works. And when the works have been virtually completedand the Architect shall have certified in writing that they have been completed, theContractor shall be paid by the Employer in accordance with the Certificate to be issuedby the Architect the sum of money named in the Appendix as “Installment after Virtual

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Completion”, being a part of the said Total Retention Money. And the Contractor shall beentitled to the payment of the Final Balance in accordance with the Final certificate to beissued in writing by the Architect at the expiration of the period referred to as “the DefectsLiability Period” in the Appendix hereto from the date of Virtual Completion or as soonafter the expiration of such period as the works shall have been finally completed anddefects made good according to the true intent and meaning hereof, whichever shall lasthappen, provided always that the issue by the Architect of any certificate during theprogress of the works at or after their completion shall not relieve the Contractor from hisliability under Clause 2 and 20 nor relieve the Contractor of his inability in cases of fraud,dishonesty or fraudulent concealment relating to the works or materials or to any matterdealt within the Certificate, and in case of all defects and insufficiencies in the works ormaterials, which a reasonable examination would not have disclosed. No Certificate ofthe Architect shall of itself be conclusive evidence that any works or materials, to which itrelates, are in accordance with the Contract neither will the Contractor have a claim forany amounts which the Architect might have certified in any interim bill and paid by theEmployer and which might subsequently be discovered as not payable and in this respectthe Employer’s decision shall be final and binding.

The Architect shall have power to withhold any Certificate if the works or any partsthereof are not being carried out to his satisfaction.

The Architect may by any Certificate make any correction in any previous certificate,which shall have been issued by him.

No certificate for payment shall be issued by the Architect if the Contractor fails to insurethe works and keep them insured till the issue of the Virtual Completion Certificate.

Payments upon the Architect’s Certificate shall be made within the period named in theAppendix as “Period for honouring Certificates” after such Certificates have beendelivered to the Employer.

Delayed Payment

33. Any amounts payable by the Employer to the Contractor in pursuance of any Certificategiven by the Architect hereunder shall, if not paid within the “Period for honouringCertificates” named in the Appendix, carry interest at the rate named in the Appendix asthe “Rate of interest for delayed payment” from the date upon which such sum ought tohave been paid by the Employer until the payment.

Matters to be finally determined by Architect

34. The decision, opinion, direction, Certificate (except for payment), with respect to all orany of the matter under Clauses 2(a), 2(b), 4,7,12,19,28 (a,b,c,d,f) hereof (which mattersare herein referred to as the excepted matters) shall be final and conclusive and bindingon the parties hereto and shall be without appeal. Any other decision, opinion, direction,Certificate or valuation of the Architect or any refusal of the Architect to give any of thesame shall be subject to the right of arbitration and review under Clause 35 hereof in thesame way in all respects (including the provision as to opening the reference) as if it werea decision of the Architect.

Settlement of dispute by arbitration

35. All disputes and differences of any kind, whatever arising out of or in connection with theContract or the carrying out of the works (whether during the progress of the works orafter their completion and whether before or after the determination, abandonment orbreach of the contract), shall be referred to and settled by the Architect who shall statehis decision in writing. Such decision may be in the form or a final Certificate orotherwise. The decision of the Architects with respect to any of the excepted mattersshall be final and without appeal as stated in Clause 34 hereof. But if either the Employeror the Contractor be dissatisfied with the decision of the Architect on the matter, questionor dispute of any kind (except any of the excepted matters) or as to the withholding by the

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Architect of any Certificate to which the Contractor may claim to be entitled, then in anysuch case, either party (the Employer or the Contractor) may within 28 days afterreceiving notice of such decision, give a written notice to the other party through theArchitect requiring that matters in dispute be arbitrated upon. Such written notice shallspecify the maters which are in dispute or difference of which such written notice hasbeen given and no other shall be and is hereby referred to arbitration and final decision ofan arbitrator to be agreed upon and appointed by both parties, or, in case ofdisagreements as to the appointment of a single arbitrator, to the appointment of twoarbitrators, one to be appointed by each party, which arbitrators shall before taking uponthemselves the burden or reference, appoint an umpire.

The Arbitrator or Arbitrators as the case may be, shall have power to open up, review andrevise any Certificate, opinion, decision, requisition or notice, save in regard to theexcepted matters referred to in the proceeding Clause, and to determine all matters indispute which shall be submitted to arbitration and of which notice shall have been givenas aforesaid.

The Arbitrator or Arbitrators, as the case may be, shall make his or their award within oneyear (or such further extended time as may be decided by him or them as the case maybe with the consent of the parties) from the date of entering on the reference. In caseduring the arbitration proceedings, the parties mutually settle, compromise or compoundtheir dispute or difference, the reference to arbitration and the appointment of thearbitrator or arbitrators, as the case may be, shall be deemed to have been revoked andthe arbitration proceedings shall stand withdrawn or terminated, with effect from the dateon which the parties file a joint memorandum of settlement thereof, with the arbitrator orthe arbitrators as the case may be.

Upon every or any such reference, the cost of and incidental tot he reference and awardrespectively shall be at the discretion of the arbitrator or arbitrators, as the case may be,who may determine the amount thereof, or direct the same to be taxed as betweenattorney and client or as between party and party, and shall direct by whom and to whomand in what matter the same shall be borne and paid. “This submission shall be deemedto be a submission to arbitration within the meaning of the Indian Arbitration Act, 1940 orany statutory modification thereof. The Award of the Arbitrator or Arbitrators, as the casemay be, shall be final and binding on the parties. It is agreed that the Contractor shall notdelay the carrying out of the works by reason of any such matter, question or disputebeing referred to arbitration, but shall proceed with the works with all due diligence andshall, until the decision of the Arbitrator or Arbitrators, as the case may be, is given, abideby the decision of the Architect and no Award of the Arbitrator or Arbitrators, as the casemay be, shall relieve the Contractor of his obligations to adhere strictly to the Architect’sinstructions with regard to the actual carrying out of the works. The Employer and theContractor hereby also agree that Arbitration under this clause shall be a conditionprecedent to any right of action under the Contract.

Right of technical scrutiny of final bill

36. The Employer shall have a right to cause a technical examination of the works and thefinal bill of the Contractor including all supporting vouchers, abstracts etc. to be made atthe time of payment of the final bill. If as a result of this examination or otherwise, anysum is found to have been overpaid or over-certified, it shall be lawful for the Employer torecover the sum.

Employer entitled to recover compensation paid to workmen

37. If, for any reason, the Employer is obliged, by virtue of the provision of the Workmen’sCompensation Act, 1923, or any statutory modifications or reenactment thereof to paycompensation to a workman employed by the Contractor in execution of the works, theEmployer shall be entitled to recover from the Contractor the amount of compensation sopaid, and without prejudice to rights of the Employer under the said Act. The Employershall be at liberty to recover such amount or any part thereof by deducting it from thesecurity deposit or from any sum due by the Employer to the Contractor under this

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Contract or otherwise. The Employer shall not be bound to contest any claim madeagainst it under the said Act, except on the written request of the Contractor and upon hisgiving to the Employer full security to the satisfaction of the Employer for all costs forwhich the Employer might become liable in consequence of contesting such claim.

Abandonment of Works

38. At any time after acceptance of the tender, the Employer shall, for any reasonswhatsoever, not require the whole or any part of the works to be carried out, the Architectshall give notice in writing to the Contractor who shall have no claim to any payment ofcompensation or otherwise whatsoever on account of any profit or advantage which hemight have derived from the execution of the whole works.

Return of surplus materials

39. Notwithstanding anything contained to the contrary in any or all the Clauses of thisContract, where any material for the execution of the Contract is procured with theassistance of the Employer by purchases made under orders or permits or licensesissued by Government, the Contractor shall hold the said materials economically andsolely for the purpose of the Contract and not dispose of them without the prior writtenpermission of the Employer and return it to the Employer, if required by the Employer, atthe price to be determined by the Architect having due regard to the condition of thematerials, the price to be determined not to exceed the purchase price thereof inclusiveof sales tax, octroi and other such levies paid by the Contractor in respect thereof. In theevent of breach of the aforesaid condition, the Contractor shall, in addition to being liableto action for contravention of the terms of licenses or permits and/or criminal breach oftrust, be liable to the Employer for all moneys, advantages or profits resulting, or which inthe usual courses would have resulted to him, by reason of such breach.

Right of Employer to terminate Contract in the event of death of Contractor, if individual

40. Without prejudice to any of the rights or remedies under this Contract, if the Contractor,being an individual, dies, the Employer shall have the option of terminating the Contractwithout incurring any liability for such termination.

Marginal Notes

41. The notes in the box and in the catch lines hereto and in the annexures hereto are meantonly for convenience of reference and shall not in any way be taken into account in theinterpretation of these presents and the annexures hereto.

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(7) Appendix Hereinbefore Referred To

1. Defects Liability Period Twelve months from the date of VirtualCompletion Certificate referred to in Clause 21 ofthe section “Conditions Hereinafter ReferredTo”.

2. Period of Final Measurement 3 months

3. Date of Commencement 10th day from the date of letter of acceptance.

4. Period for completion 30 weeks

5. Liquidated damages at the rate of 0.5% of the contract value per week subject to amaximum of 5% of the contract value.

6. Value of works for interimcertificates

Rs.7.5 lakh for material supply & latter Rs. 2.5lakhs for erection etc.

7. Period for honouring certificates One month for interim bills and 3 months for finalbill.

Employer Contractor

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(8) Data Sheet

1. Number of lifts Two

2. Type/Make Passenger

3. Capacity 6 passenger (408 Kg)

4. Speed 1 MPS

5. Travel 30 M approx.

6. Stops andopening

10 stops all opening on same side (Ground + 9 Upper Floors)

7. Drive AC Variable Voltage Variable Frequency

8. Control Micro processor based simplex full collective selective control with/without attendant

9. Lift machine room Directly above the shaft

10. Power supply AC 400 V + 10% 50 Hz + 3%

11. Car and landingdoor operation

Door operating system with VF/ DC drive

12. Car door S.S.Car Door 2000mm high and 800mm wide with multiple Infra RayDoor Detectors. Car door shall be provided with glass window in linewith. Landing door.

13. Landing doors MS landing doors 2000mm high and 800 mm wide powder coated,auto operation with window.

14 Car S.S. wall panels with acrylic ceiling illuminated with two nos. PL twin11 W light fixtures and 900 RPM approved make ceiling mountedcabin fan with diffuser. Flooring with approved shade / make ofgranite tiles.

15 Controls/Indication

(a) On alllandingsand ground floorlobby

Digital car position indicator.Audio alarm and direction indicator.Independent up/down luminous call buttons (only UP button inground floor andDOWN button on ninth floor)Fireman switch and emergency alarm hooters on ground floor

In car Auto/manual selector key switchFan switch (in addition to fan auto control)Door open/close buttonLuminous floor selector buttonOverload warning device with annunciation (Lift should not take astart underOverload condition )Emergency stopTelephone and Alarm bell with wiring to Machine Room GroundFloor lift lobby and under ground cabling to Security Gate, Musicsystem & Floor announcement systemCar Travel Up/Down status indicator visible from lobby.Digital indicator for car position.Emergency CFL light operated by 12V, 10AH SMF battery backs up.

16 Hoist wayavailable

1900 mm Length, 1510 mm deep

17 Pit depth 1500 mm

18 ARD (i) Automatic Rescue Device with lead acid SMF Batteryback up.

(ii) Tender may clearly indicate the AH of battery and makeof battery to be supplied

Place Seal & Signature of the ContractorDate

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(9) Scope, specification of work

A) Scope of work

1. Dismantling of existing Lifts controller, Driver, hoist way switches, guide rails, guideshoes,wire rope,car,counter weight & other unwanted accessories including existingwiring with aluminium conductor wire and taking away the same

2. Supply Installation of new microprocessor based variable voltage variable frequencycontrol system suitable for simplex/duplex full collective operation

B) Specification

1. General

These specifications are intended to cover the modernisation work for the lifts as per

scope of work detailed above with all materials in accordance with the provisions of any

state or local Act in force and latest Indian Standard as applicable. The electrical wiring

shall strictly comply to IS: 732 and the entire installation shall be in accordance with the

Indian Electricity Act 1910 and Indian Electricity Rules 1956. The contractor shall

arrange to obtain the sanction of the lift authority for commissioning of the lift and hand

over for operation.

2. Microprocessor based controller

The Controller shall be on micro-processor based technology with minimum number ofmoving mechanical parts incorporating VVVF drive which would directly control thecurrent (torque) of the elevator motor with precise control on speed. The same willguarantee accurate car leveling under load conditions and minimum wear and tear of thebrake with silent and smooth operation by virtue of a high speed-switching device.Controller to controller communication shall be achieved through serial links, which willminimise wiring and connections. It may also permit field programmability.

3. Protections

The lift shall be protected as follows

a) Electrically against overloadb) By safety gear on car so that in the event of rope breaking or loosening, the car will

be brought to rest immediately by means of grips on the glide rails with safety gear.c) By car and landing door locks so that in the event of any door kept opened, the lift

will not startd) By speed governor operating on the control circuit and applying the brakes with

safety gear in case of over speeding of car in any directione) By means of over travel limit switches in both downward and upward directionf) By means of a phase reversal relayg) By means of a single phasing relayh) By a device that ensures that the brakes apply as soon as single phasing occurs or

when the drive fails to start for whatever reasoni) By means of suitable type and capacity buffers in the lift pitj) The car and landing door shall not open either automatically or by pressing door

open push button when the lift car is not within the leveling limitsk) Auto Rescue Device (ARD) with SMF battery back up shall be provided to ensure

safely landing of lift car at nearest floor.

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4. Electric wiring

Complete necessary insulated copper wiring to connect all parts of the equipment shallbe furnished and installed, insulated wiring shall have a flame retarding and moistureresisting outer cover and shall be run in a metal conduit/trough.

Trailing cables between car and lift well shall be PVC sheathed copper conductor multi-

core type, designed for lift service and shall have flame retarding and moisture resisting

outer cover. They shall be flexible and shall be suitably suspended to relieve strains in

the individual conductors. Independent light flexible wires will not be accepted. All

conductors shall be suitable gauge copper conductors to obviate excess voltage drop.

All insulated conductor and conduit or tubing, as well as fittings including metal boxes,

trough and ducts shall comply with the requirements of relevant IS specification and/or

BS specification.

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(10) Un-priced Bill of Quantity

Design, Supply, Installation, Testing and Commissioning of Passenger Lifts at the Bank'sOfficers Colony at Tardeo .

Passenger Lifts

Sr.No.

Description Qty.

1. Basic price for supply, installation, testing and commissioning ofPassenger Lift microprocessor based controller VVVF drive as perdetailed specifications and scope of work.

2 Nos.

2. Excise Dutya) Percentage of contract basic price on which this is applicable.b) Rate of taxc) Amount of tax

2 Nos.

3. Works Contract Tax/VATa) Percentage of contract basic price on which this is applicable.b) Rate of Taxc) Amount of Tax

2 Nos.

4. Entry Tax/Octroi Dutya) Percentage of contract basic price on which this is applicable.b) Rate of taxc) Amount of tax

2 Nos.

5. Insurance Premia fora) Storage, erection, testing and commissioningb) Workmen compensationc) Third party liability policies

L.S.

TOTAL (A)

6. Dismantling of existing Lifts, existing controller, drive, selector, hoist-way switches, operating fixtures, the existing hoist-way wiring andother accessories

2 Nos.

TOTAL (B)

GRAND TOTAL (A) + (B)

7. Rebate offered for taking out all the old material of existing Lifts 2 Nos

8. Annual Comprehensive Maintenance Charges for the lifts after theguarantee period, which will be subjected to revision every year asper clause No. 18(b).

2 Nos.

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(11) Check List

Design, Supply, Installation, Testing and Commissioning of Passenger Lifts at the Bank'sOfficers Colony at Tardeo

Commercial Conditions

Sr.No.

Description Bank’s Terms Acceptance ofBank’s terms(YES/NO)

1 Validity 90 days from opening part II of tender

2 EMD Rs. 40,000/-

3 RMD @ 5% of total cost in form of BankGurantee for one year

3 Terms ofpayment forequipment

a) 60% of the quoted rate pro-rataagainst delivery of materials afterchecking at site,

b) 20% of the quoted rate oncompletion of erection & installation.

c) 10% of the quoted rate oncompletion of testing andcommissioning

d) 10% upon obtaining certificate fromstate govt authorities and handingover the lifts to the bank for regularoperation.

Terms ofpayment forAMC

Quarterly payment after satisfactorycompletion of service.

4 Technicalspecifications

As per data sheet on page 31.

5 Rates/ Taxes/Octroi

Should be clearly indicated includingassessable percentage, rates etc. inUnpriced Bill Of Quantities in Part I.

6 Increase in AMCcharges

Confirm that the increases in AMC oneyear after defect liability period will beas per increase in CPI and MPI as performula given under clause 18 b (page12).

5 GuaranteePeriod

12 months from date of handing overincluding defective material &workmanship.

6 Service aftersales

Free of cost during the Guaranteeperiod including replacement of anymaterial/assembly/equipment/softwareif found necessary.

7 Completionperiod

30 weeks from 10th day of letter ofaward of work as per detailedcompletion programme indicated inclause 20.

8 Liquidateddamages

1/4 % of the contract amount per weekof delay subject to a maximum of 5% ofthe contract value.

9 Penalty for delayin providingservice

As per clause 7 on page 8

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10 Service facility Shall be available at Mumbai andapproachable on telephone, mobile.

11 Committedperiod forsystemmaintenance

At least 20 years after one year defectliability period

12 Value of interimPaymentcertificate

Rs. 7.5 Lakh for material supply & latterRs. 2.5 lakh for erection etc.

Part II should not contain any terms and conditions but only priced bill of quantity.Terms and conditions, if any, incorporated in Part II, will not be valid or considered.

PlaceDate Signature of Contractor Name Designation Seal of the firm

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PROJECT : BANK’S OFFICERS QTRS. AT TARDEO

SUPPLY, INSTALLATION, TESTING & COMMISSIONING OF 2 NOS.ELECTRICAL LIFTS (PASSENGER)

ANNEXURE - `A’

Draft of Bank Guarantee for Earnest Money Deposit(To be stamped as Security Bond)

In consideration of Reserve Bank of India, Mumbai (hereinafter called "the

Reserve Bank") have agreed to exempt M/s.

_______________________________

(hereinafter called "The said tenderer") from the demand under the terms and

conditions of the tender for "Supply, Installation, Testing & Commissioning of

2 Nos. Electrical Lifts (Passenger) for Banks Officers Qtrs. Tardeo”

(hereinafter called "The said tender") of Earnest money for the due fulfillment by

the said tenderer of the terms and conditions contained in the said tender on

production of a Bank guarantee for Rs. ________ (Rupees

______________________________). We (hereinafter referred to as "The

Bank") do hereby agree and undertake to indemnify and keep indemnified the

Reserve Bank to the extent of Rs. _________ (Rupees

_____________________________) against any loss or damage caused to or

suffered by the Reserve bank by reason of any breach by the said tenderer of

any of the terms and conditions contained in the said tender and pay to the

Reserve bank on demand without demur the said sum of Rs. ________ (Rupees

______________________________) within a period of one week from the date

of receipt of demand from the Reserve Bank. any statement made by the

Reserve Bank and the amount mentioned in the demand notice given to us shall

not be called in question by us and shall be conclusive proof regarding the

amount that is payable under the guarantee and that we shall not demand any

proof thereof. We further undertake that we will make the payment pursuant to

the demand notice issued by the Reserve Bank not withstanding any dispute that

may exist or arise between the Reserve Bank and the tenderer or any other

person.

We, ________________________, further agree that the guarantee herein

contained shall remain in full force and effect during the period that would be

taken for the performance of the said tender and that it shall continue to be

enforceable till all the dues of the Reserve Bank under or by virtue of the said

tender have been fully paid and its claims satisfied or discharged or till the

Reserve Bank certifies that the terms and conditions of

Page 38: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

the said tender have been fully and properly carried out by the said tenderer and

accordingly discharges the guarantee subject however, that the Reserve Bank

shall have no rights under this guarantee after the expiry of six months or till such

extended period required for completion of the entire work at the request of the

tenderer and/or the Reserve Bank.

We, ______________________, lastly undertake not to revoke this guarantee

during its currency except with the previous consent of the Reserve Bank in

writing.

Notwithstanding anything stated above, our liability under this guarantee is

restricted to

Rs. ______________ (Rupees _______________________). Our guarantee

shall remain in force until six months or such extended date which may be

granted by us at the request of the tenderer and/or the Reserve Bank. Unless a

suit or action to enforce a claim under this guarantee is filled against us within 6

months thereafter, all your rights under the said guarantee shall be forfeited and

we shall be released and discharged from all liability there under.

Date :

Place : Signature of Tenderer

Page 39: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

Reserve Bank of IndiaEstate Cell, Byculla

Bank’s Officers’ QuartersAt

Tardeo

Tender ForSupply, Installation, Testing & Commissioning of

Electrical Lifts (Passenger)

Part II (Price Bid)

Name of Tenderer _____________________________________________________

Address _____________________________________________________________ _____________________________________________________________

_____________________________________________________________

Date of Submission : Upto 2.00 p.m. on 16th November 2005.

Architects : Chief General Manager, Estate Office, Main Building, Reserve Bank OfIndia, Mumbai 400 001

Page 40: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

Supply, Installation, Testing and Commissioning of Passenger Liftsat the Bank's Officers Colony at Tardeo

Schedule Of Quantities - Passenger Lifts

Part - II

Sr.No.

Description Qty. Rate Amount

1. a.

b

Basic price for supply, installation, testingand commissioning of Passenger Lift withmicro-processor based controller VVVFdrive as per detailed specifications andscope of work

Cost of ARD controller as per specification

2 Nos.

2 Nos.

TOTAL : Rs.______________

2. Excise Dutya) Percentage of contract basic price on

which this is applicable.b) Rate of taxc) Amount of tax

2 Nos.

3. Works Contract Taxa) Percentage of contract basic price on

which this is applicable.b) Rate of Taxc) Amount of Tax

2 Nos.

4. Entry Tax/Octroi Dutya) Percentage of contract basic price on

which this is applicable.b) Rate of taxc) Amount of tax

2 Nos.

5. Insurance Premia fora) Storage, erection, testing and

commissioningb) Workmen compensationc) Third party liability policy

L.S.

TOTAL (A)

Page 41: Reserve Bank of India Estate cell, Byculla Bank’s Officers’ Quarters … · 2005. 10. 24. · Estate Cell, Byculla, Reserve Bank of India Mumbai 400 008 Dear Sir, Having examined

Sr.No.

Description Qty. Rate Amount

6. Dismantling of existing Lifts, controller,drive selector, hoist-way switches,operating fixtures, the existing hoist-waywiring, other accessories etc. 2 Nos.

TOTAL (B)

GRAND TOTAL (A) + (B)

7. Rebate offered for taking away all the oldmaterial of existing Lifts

2 Nos.

8. Annual Comprehensive MaintenanceCharges for the Lifts after the guaranteeperiod, which will be subjected to revisionevery year as per clause no. 18(b).

2Nos

Place Seal & Signature of the contractorDate