JUNAGADH FROM IN GUJARAT

Transcription

1 SBI INFRA MANAGEMENT SOLUTIONS PVT. LTD. STATE BANK OF INDIA, 3 RD FLOOR, LOCAL HEAD OFFICE, BHADRA, LALDARWAJA, AHMEDABAD SBIIMS INVITE TENDERS ON BEHALF OF SBI FOR PROPOSED AIR CONDITIONING WORKS OF PORT SARDARGADH BRANCH ( ), DIST. JUNAGADH FROM THE APPROVED COMPANY AUTHORISED DEALER FOR AIR CONDITIONING IN GUJARAT PART A: TECHNICAL BID TENDER SUBMITTED BY: NAME ADDRESS : : DATE : ARCHITECT: A R. VIJAY SAHIJWANI VIJAY SAHIJWANI &ASSOCIATESS CONSULTING ARCHITECT. ENGINEERS,INTERIORR DESIGNERS & GOVT. APPROVAL VALUERS 55,SAHYADRI APPARTMENT, NEAR STADIUM CIRCLE. NAVRANGPURA, AHMEDABAD

2 NOTICE INVITING TENDERS SBIIMS on behalf of SBI through its Architect M/s.Vijay Sahijwani & Associates, Ahmedabad invites tenders in two bid system from Authorised dealer of Carrier/ /Hitachi/Daikin/ Mitsubishi Heavy Industries/ Toshiba/Trane/Voltas/ Blue Star for AIR CONDITIONING Work for Sardargadh Branch, Pleasee enclose valid authorization certificate from company for Gujarat along with Technical Bid or wise tender shall be treated as rejected. Details of tender are as under :: The Company Authorised dealer of AC contractors who receives NIT from Architect are only entitled to quote for this tender. The details of tender are as under: S.No Description Name of work Nature of Work Proposed Air Conditioning works of Sardargadh Branch ( ) Dist. Junagadh Air Conditioning work 3. Time allowed for completion (45 days) 1 Months 15 Days from date of acceptance of work order Application Fees Earnest Money Deposit Rs. 1,000/- (To be deposited along with Tender Part-A by way of Demand Draft / Self cheque of SBI in favour of SBI Infra Management Solutions Pvt. Ltd. and payable at Ahmedabad) Rs.3,000/- (Three Thousand only) by means of Demand Draft / Pay Order (Valid for a period of 180 Days from last date of submission of tender) from any scheduled Nationalized Bank drawn in favour of State Bank of India and payable at Junagadh Initial Security Deposit Total Security deposit 2% of contract amount ncluding EMD 5% of final bill amount including ISD. Start and end date for to at downloading documents website of from tenderunder<link>procurement news. Bank s 2

3 Last date & time for by 3.00 PM submission of Technical bid, EMD and Application fess in sealed cover-a & Price Bid in Sealed cover-b Address at which TechnicalCircle Head & Vice President (Civil), bid (hard copy) along withsbi Infra Management Solutions Pvt. Ltd. EMD & Application Fees & Third Floor, SBI, LHO, Bhadra, Laldarwaja Price Bid insealed cover has AHMEDABAD to be submitted Date and time of opening of at 3:30 PM Technical Bid & Price Bid at SBIIMS, Circle Office address mentioned at Sr. No.10 Date & time for Not applicable submission of online indicative price bid. Date & time for opening of NA online indicative price bid. Date & time for e-reverse auction Liquidatedd Damages Defects liability period Validity of offer Value of Interim Certificate NA. 0.50% of contract amount per weeks subject to max. 5% of contract value or final bill value. 12 Months from date of Virtual Completion 90 days from date of opening of Price-bid Full and Final Payment Will be Done after Successful completion of Work. 19. The contractor shall submit tender in two bid system kept in separate covers. Part A- Technical bid cover shall contain following documents: a. Forwarding letter. b. NIT cum draft tender stamped and signed on each paper. c. Bill of quantities stamped and signed on each paper. d. Set of all drawings stamped and signed. e. Banker cheque/ DD of Rs. 1,000/- (Rupees one thousand only) as an application fee (Non refundable) favoring SBI Infra Management Solutions Pvt Ltd, payable at Ahmedabad. f. Banker cheque/ DD of Rs. 3,000/- (Rupees Three Thousand only) as EMD (Refundable) favoring State Bank of India, payable at Junagadh Part B- Financial bid cover shall contain Price bid only. 3

4 Both covers shall be kept in a large cover and it shall be send to address as mentioned in Para 10 above 20. Tenders can be downloaded from bank s websitewww.sbi.co.in(link) <Procurement News>. It shall be responsibili ity of contractor to arrange and ensure that all pages of technical and financial bid are properly bound separately. Tenders in loose pages may be disqualified. 21. The contractor shall sign and stamp each page of tender document reby ensuring number and sequence of all pages. 22. No conditions or than mentioned in tender will be considered, and if given will have to be withdrawn before opening of price-bid. y 23. The SBIIMS reserve ir rights to accept or reject any or all tenders, eir in whole or in part without assigning any reason( (s) for doing so and no claim / correspondence shall be entertained in this regard. 24. Tenders received without EMD and Application Fees shall be summarily rejected such tenders shall not be allowed to participate in online price bidding process. and 25. In case date of opening of tenders is declared as a holiday, opened on next working day at same time. tenders will be 26. SBIIMS has right to accept / reject any / all tenders without assigning any reasons and no correspondence shall be entertained in this regard. Yours Faithfully, For: Ar. Vijay Sahijwani Vijay Sahijwani & Associates, 55,Sahyadri Apartment, Near Stadium Circle, Navrangpura AHMEDABAD

5 FORM TENDER To, The Circle Head & VP (Civil), Circle Office, SBI Infra Management Solutions Pvt. Ltd., Ahmedabad Dear Sir, Having examined drawings, specification, design and schedule of quantities relating to works specified in memorandum hereinafter set out and having visited and examined site of works specified in said memorandum and having acquired requisite information relating reto as affecting tender, I/We hereby offer to execute works specified in said memorandum at rates mentioned in attached Schedule of Quantities and in accordance in all respects with specifications, design, drawings and instructions in writing referred to in conditions of tender, Articles of Agreement, Special Conditions, Schedule of Quantities and Conditions of Contract and with such materials as are provided for by, and in all or respectss in accordance with such conditions so far as y may be applicable. MEMORANDUMM Description of work Proposed Air Conditioning works of Sardargadh Branch,( ) Dist.Junagadh Earnest Money Rs. 3, (Three Thousand only) by means of Demand Draft / Pay Order from any scheduled Nationalized Bank drawn in favour of State Bank of India and payable at Junagadh. Percentage, if any, to be deducted from Bills and total amount to be retained 10 % from Running Bills, subject to maximumm Total 5% of contract amount or actual Final Bill value including EMD & Initial Security Deposit. Time allowed for completion of 45 days Works from fourteenth day after date of written order or date of handing over of site (whichever is later)to commence work I/We have deposited a sum of Rs.3,000/ /- (Three Thousand only) of total tender amount as Earnest Money with State Bank of India which is not to bear any interest. Should I / We fail to execute Contract when called upon to do so I/ We do hereby agree that this sum shall be forfeited by me/us to SBI Infra Management Solutions Pvt. Ltd. 5

6 1) Our Bankers are: i) ii) The names of partners of our firm are: i) ii) Name of partner of firm Authorized to sign Or (Name of person having Power of Attorney to sign Contract.) (Certified true copy of Power of Attorney should be attached) Yours faithfully, Signature of Contractors. Signature and addresses of Witnesses i) i 6

7 ARTICLES OF AGREEMENT (On non-judicial Stamp Paper of Rs. 500/- or as per latest Govt. Rules) Articles of Agreement made this day of between State Bank Of India, a body, corporate constituted under State Bank Of India Act and having its Asst. General Manager (Admin), State Bank Of India, Regional Administrative Office, RBO-4 (BAO), 3 rd Floor, Opp. Bahuddin College, Junagadh hereinafter called Bank which expressions shall include its successors and assigns of one part and (name & address of contractor) ) hereinafter called Contractor which expression shall include successors and assigns of or part. WHEREAS Bank is desirous of executing AIR CONDITIONING WORK for STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, JUNAGADH The work, and has caused drawings, specifications, and schedule of quantities etc. describing works to be prepared by M/s. Vijay Sahijwani & Associates, Architects. AND WHEREAS for said, AIR CONDITIONING WORK for STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, JUNAGADH : AIR CONDITIONING WORK Terms & Conditions, Specifications and Schedule of items quantities etc, have been signed by and on behalf of parties hereto. AND WHEREAS Contractor has agreed to execute upon, subject to conditions set forth herein and Schedulee of Items and quantities, General & Special Conditions of Contract, specifications etc contained in tendered documents including all correspondences exchanged by or between parties from submission of tender till award of work, both letters inclusive, (all of which are collectively hereinafter referred to as said conditions, details of which are described in schedule attached hereto, works shown upon said drawings and/or described in said specification and included in schedule of items and quantities at respective rates rein set forth amounting to sum as rein arrived at or such or sum shall becomee payable re under arrived at or such or sum as shall become payable re under (hereinafter referred to as said contract amount ) NOW IT IS HEREBY AGREED AS FOLLOWS 1. In considerationn of said contract amount to be paid at time and in manner set forth in said conditions, contractor shall upon and subject to said conditions execute and complete work shown in said drawings and described in said specifications and schedule of items and quantities, as per terms and conditions contained in said conditions 7

8 2. The Bank shall pay Contractor said contract amount, or such or sum as shall become payable, at time and in manner specified in said conditions. 3. The Architects in said condition shall mean said M/s. Vijay Sahijwani & Associates architects, In event of ir ceasing to be Architects for purpose of this contract for whatever reason, such or person or persons as shall be nominated for that purpose by Bank, providedd always that no person subsequently appointed as Architects under this contract shall be entitled to disregard or over rule any previous decisions or approvals or directions given or expressed in writing by Architects for time being. 4. The said general condition, Special condition, technical drawings, Notice Inviting Tender, specifications, Guarantee, Instruction to Tenderer s Price Bid (Schedule of Quantities), Correspondences, Letter of Acceptance, Agreements and Appendices ree to, contained in tendered documents/said conditions shall be read and considered as forming part of this Agreement, and parties hereto shall respectively abide by, submit mselves to said conditions and perform agreements on ir part respectively in said conditions contained rein. The plans, agreements and documents mentioned herein shall form basis of this contract. This contract is neir a fixed Lump Sum contract but is a contract to carry out work in respect of AIR CONDITIONING WORK for STATE BANK OF INDIA. AT REGIONAL BUSINESS OFFICE, JUNAGADH 5. As per scope described and to be paid for according to actual measured quantities at rates contained in Schedule of Rates and / or negotiated rates and Probable quantities or as provided in said condition. 6. The Bank reserves to itself rights of altering specifications and nature of work by adding to or omitting any items of work or having portions of same carried out without prejudice to this contract. 7. (a) The Contractors represent that y have experience and competent staff which will enable m to ensure proper quality check on materials, wher brought by contractors or supplied by Bank to contractors, and which will ensure that contractor will carry out proper tests as required by specifications and will supervise day to day working and execution of contract work. 8

9 (b) If contractors have any doubt about quality of materials or any difficulty in supervision of day to day work it shall be duty of contractors to report matter in writing forthwith to Bank and for time being suspend that portion of work about which difficulty is experienced, and contractors will abide by directions given by Bank. (c) The contractors are aware thatt Bank will not give day-to-day supervision but will periodically supervisee and contractor has to perform ir obligations under instructions given to him periodically and under sub clauses (a) and (b) above. (d) The contractors covenant and warrant that completed items of work as well as entire work on completion will be in conformity with specifications and terms and conditions contained in said conditions and will be of contract quality and description. 8. Time shall be considered as essence of this contract and contractor hereby agrees to commence work on day on which he is instructed to take possession of site or from fourteenth day after day of issue of formal Work Order as provided for in said conditions whichever is later and to completee entiree work within 6 (six) months subject neverless to provisions for extension of time. 1. All payments by Bank under this contract will be made only at Regional Business Office, RBO-4, JUNAGADH/ Sardargadh Branch Junagadh 2. Any dispute arising under this Agreement shall be referred to arbitration in accordance with stipulation laid down in general conditions of contract. 3. The contents of this agreement understood by contractor. have been read by contractor and fully IN WITNESS WHEREOF Bank and Contractor have set ir respective hands to se Presents and two duplicates hereof day and year first herein above written (If Contractor is a Partnership Firm or an Individual). IN WITNESS WHEREOF Bank has set its hands to se presents through its duly authorized official and contractor has caused its common seal to be affixed hereunto and said duplicates have /has caused se presents and said two duplicates hereof to be executed on its behalf, day and year first herein above written (If contracto r is a Company). 9

10 Signature clause: SIGNED AND DELIVERED By hand of Shri Asst. General Manager, of State Bank Of India (Name and Designation) In presence of 1. Address 2. Address (Witness) SIGNED AND DELIVERED by (If Contractor is a Partnership Firm or an individual, should be signed by all partners or by duly authorized person on behalf of all partners) (1) Address (2) Address (Witness) THE COMMON SEAL OF was hereinto affixed pursuant to resolution By Board of Directors at Meeting held on ( If Contractor signs under its common seal, Signature Clause should tally with sealing clause in Articles of Association) SIGNED AND DELIVERED by (1) (2) 1) Address (2) 10

11 Address (Witness) SIGNED AND DELIVERED by (If Contractor has signed by hand of Power of Attorney, wher a Company or Individual) (1) Address (2) Address (Witness) 111

12 SECTION 1 INSTRUCTIONS TO THE TENDERERS 1.0 Scope of work Sealed Tenders are invited by M/s. Vijay Sahijwani & Associates, Ahmedabadd for and behalf of SBI / SBIIMSPL for work of Proposed Air Conditioning works for Sardargadh Branch ( ) Dist. Junagadh 1.1 Site and its location The proposed work is to be carried out at Sardargadh Branch Dist. Junagadh Tender documents The work has to be carried out strictly according to conditions stipulated in tender consisting of following documents and most workmen like manner. Instructions to tenderers General conditions of Contract Special conditions of Contract Additional Specifications Drawings Priced bid A The above documents shall be taken as complementary and mutually explanatory of one anor but in case of ambiguities or discrepancies, shall take precedence in order given below; a) Price Bid b) Additional Specifications c) Technical specifications d) Drawings e) Special conditions of contract f) General conditions of contractt g) Instructions to Tenderers Complete set of tender documents including relative drawings can be downloaded from website The tender documents are not transferable. 12

13 Site Visit: The tenderer must obtain himself on his own responsibility and his own expenses all information and data that may be required for purpose of filling this tender document and enter into a contract for satisfactory performance of work. The tenderer is requested satisfy himself regarding availability of water, power, transport and communication facilities, character quality and quantity of materials, labour, law and order situation, climatic conditions local authorities requirement, traffic regulations etc; The tenderer will be fully responsible for considering financial effect of any or all factors while submitting his tender. Earnest Money: The tenderers are requested to submit Earnest Money of Rs 3,000/- (Rupees Three Thousand only) by means of Demand Draft/Pay Order(Valid for a period of 180 Days from last date of submission of tender) from any scheduled Nationalized Bank drawn in favour of State Bank of India and payable at Junagadh EMD in any or form or than as specified above will not be accepted. Tender not accompanied by EMD in accordance with clause 4.1 above shall be rejected. No interest will be paid on EMD. EMD of unsuccessful tenderer will be refunded within 30 days of award of Contract. EMD of successful tenderer will be retained as a part of security deposit. Initial Security Deposit: The successful tenderer will have to submit a sum equivalent to 2% of accepted tender value less EMD by means of DD drawn in favour of SBIIMSS Payable at Ahmedabad within a period of 7 days of acceptance of tender. 5.1 Security Deposit: Total security deposit shall be 5% of contract value. Out of this 2% of contract value is in form of Initial Security Deposit (ISD) which includes EMD. Balance 3% shall be deducted from running account bill of work at rate of 10% of respective running account bill i.e., deduction from each running bill account will 10% till Total Security Deposit (TSD) including ISD reaches to 5% of contract value. The 50% of Total Security Deposit shall be paid to contract on basis of architect s certifying virtual completion. The balance 50% would be paid to contractors after defects liability period as specified in contract. 13

14 5.2 Additional Security Deposit: In case L-1 bidder quotes abnormally low rates (i.e. 10% or more, below estimated project cost), bank may ask such bidder to deposit additional security deposit (ASD) equivalent to difference of estimated cost vis-à-vis L-1quoted amount for due fulfillment of contract. Such ASD could be in joint name of Bank and bidder in form of FDR / Bank s guarantee as per format approved by Bank. On successful completion of work ASD will be returned to contractor. In case contractor fails to completee work in time or as per tender specification or leavee job incomplete, bank will be at liberty to recoverr dues from ASD or to forfeit such ASD as case may be within its sole discretion. No interest shall be paid to amount retained by Bank as Security Deposit for defect liability period of one year from date virtual completion certificate (VCC). However, interest on FDR for additional security deposit will be received by bidder. 5.3 Signing of contract Documents: The successful tenderer shall be bound to implement contract by signingg an agreement and conditions of contract attached herewith within 15 days from receipt of intimation of acceptance of tender by Bank. However, written acceptance of tenders by Bank will constitute a binding agreement between Bank and successful tenderer wher such formal agreement is subsequently entered in to or not. 6.0 Completion Period: Time is essence of contract. The work should be completed in all respect accordance with terms of contract within a period of 45 days from date of award of work. 7.0 Validity of tender: Tenders shall remain valid and open for acceptance for a period of 90 days from date of e-reverse auction. If tendererr withdraws his/her offer during value period or makes modifications in his/ /her original offer which are not acceptable to Bank without prejudice to any or right or remedy Bank shall be at liberty forfeit EMD. 8.0 Liquidated Damages: The liquidated damages shall be 0.50% per week subject contractt value. to a maximum of 5% of 14

15 9.0 Rate and prices: In case of item rate tender: The tenderers shall quote ir rates for individual items both in words and figure. In case of discrepancy between rate quoted in words and figures, unit rate quantity in words will prevail. If no rate is quoted for a particular item contractor shall not be paid for that item when it is executed. The amount of each item shall be calculated and requisite total is given. In case of discrepancy between unit rate and total amount calculated from multiplication of unit rate and quantity unit rate quoted will govern and amount will be corrected. The tenderers need not quote ir rates for which no quantities have been given. In case tenderers quote ir rates for such items those rates will be ignored and will not be considered during execution. The tenderers should not change units as specified in tender. If any unit is changed tenders would be evaluated as per original unit and contractor would be paid accordingly. The tenderer should not change or modify or delete description of item. If any discrepancy is observed he should immediately bring to knowledge of Architect/ SBIIMS Each page of BOQ shall be signed by authorized person and cutting or over writing shall be duly attested by him. Each page shall be totaled and grand total shalll be given. The rate quoted shall be firm and shall include all costs, allowances, materials, labours, taxes etc. except G.S.T, which shall be payable / reimbursed at actual The SBIIMS reserve ir rights to accept any tenders, eir in whole or in part or may entrust work in phases or may drop part scope of work at any stage of project within its sole discretion withoutt assigningg any reason(s) for doing so and no claim / correspondence shall be entertained in this regard. SIGNATURE OF THE CONTRACTOR WITH SEAL 15

16 GENERAL CONDITIONS OF CONTRACT 1.0 Definitions:- Contract means documents forming tender and acceptance reof and formal agreement executed between SBI Infra Management Solutions Pvt. Ltd. (client) and contractor, toger with documents referred re in including se conditions, specifications, designs, drawings and instructions issued from time to time by Architects / Bank and all se documents taken toger shall be deemed to form one contract and shalll be complementary to one anor. In contract following expressions shall, unless context orwise requires, have meaning hereby respectively assigned to m SBIIMS shall mean SBI Infra Management Solutions Pvt. Ltd.(Project Management Services Provider-PMS) having its Circle Office at Third Floor, SBI, LHO, Bhadra, Laldarwaja, Ahmedabad and includes client s representatives, successors and assigns Architects/ Consultants shall mean M/s Vijay Sahijwani & Associates, Architects & Interior Designers, Ahmedabad Site Engineer shall mean an Engineer appointed by SBIIMSS at site as ir representative for day-to-dayy supervision of work and to give instructions to contractors The Contractor shall mean individual or firm or company wher incorporate not, undertaking works and shall include legal personal epresentative of individual or composing firm or company and permitted assignees of individual or firms of company. The expression works or work shall mean permanent or temporary work description in Scope of work and/or to be executed in accordance with contract includes materials, apparatus, equipment, temporary supports, fittings and things of kinds to be provided, obligations of contractor hereunder and work to be done by contractor under contract Engineer shall mean representative of Architect/consultant Drawings shall mean drawings prepared by Architects and issued by Engineer and referr red to in specifications and any modifications of such drawings as may be issued by Engineer from time to time Contract value shall mean value of entire work as stipulated in letter of acceptance of tender subject such additions re to or deductions ree from as may be made under provide herein after contained. 16

17 1.0.7 Specifications shall mean modifications reof as may time Architect/Consultant. specifications referred to in tender to time be furnished or approved by and Month means calendar month Week means seven consecutive days Day means a calendar day beginning respectively. and ending at 00 Hrs and 24 Hrs SBIIMS s Engineer shall mean The Civil/ /Electrical Engineer in-charge of Project, as nominated by Circle Head and Vice President, SBIIMS, Ahmedabad The following shall constitute Joint Project Committee (herein under referred to as JPC) for assessing and reviewing progress of work on project and to issue instructions or directions from time to time for being observed and followed by Architects Site Engineer / PMC and or consultants / contractors engaged in execution of project. i) Vice President Circle Head of SBIIMS ii) SBIIMS Engineer (Civil and Electrical) in-charge of Project iii) Concerned partner of Architects and ir Resident Architect Member. CLAUSE 1.0 Total Security Deposit Total Security deposit comprise of Earnest Money Deposit, Initial security deposit and Retention Money 1.1 Earnest Money Depositfurnish EMD of Rs. 3,000/- (Rupees Three Thousand only) in The tenderer shall form of Demand draft or bankers chequee drawn in favour of SBI payable at Junagadh., on any Scheduled Bank. No tender shalll be considered unlesss EMD is so deposited in required form. No interest shall be paid on this EMD. The EMD of unsuccessful tenderer shall be refunded soon after decision to award contract is taken without interest. The EMD shall stand absolutely forfeited if tenderer revokes his tender at any time period when he is required to keep his tender open acceptance by SBIIMS or after it is accepted by SBIIMS, contractor fails to enter into a formal agreement or fails to pay initial security deposit as stipulated or fails to commence commence work within stipulated time. 1.2 Initial Security Deposit ( lsd) The amount of ISD shall be 2% of accepted value of tender including EMD in form of DD/Fixed Deposit Receipt (FDR) drawn on any scheduled Bank and shall be deposited within 15 days from date of acceptance of tender. 17

18 1.3 ADDITIONAL SECURITY DEPOSIT / PERFORMANCE GUARANTEE In case L-1 bidder quotes abnormally low rates (i.e. 10% or more, below estimated project cost), bank may ask such bidder to deposit additional security deposit (ASD) equivalent to difference of estimated cost vis-à-vis L-1 quoted amount for due fulfillment of contract. Such ASD could be in joint name of Bank and bidder in form of FDR / Bank s guarantee as per format approved by Bank. On successful completion of work ASD will be returned to contractor. In case contractor fails to completee work in time or as per tender specification or leave job in complete, bank will be at liberty to recoverr dues from ASD or to forfeit such ASD as case may be within its sole discretion. No interest shall be paid to amount retained by Bank as Security Deposit for defect liability period of one year from date virtual completion certificate (VCC). However, interest on FDR for additional security deposit will be received by bidder. 1.4 Retention Money: Besides SD as deposited by contractor in above said manner, Retention money shall be deducted from running account bill at rate of 10% of gross value of work done by contractor and claimed in each bill provided total security deposit i.e. ISD plus EMD plus Retention Money shall both toger not exceed 5% of contract value. The 50% of total security deposit shall be refunded to contractor without any interest on issue of Virtual Completion certificate by Architect/consultant. The balance 50% of total security deposit shall be refunded to contractors without interest within fifteen days after end of defects liability period providedd contractor has satisfactorily attended to all defects in accordance with conditions of contract including site clearance. 2.0 Language: The language in which contract documents shall be drawn shall be in English. 3.0 Errors, omissions and discrepancies: In case of errors, omissions and/ or disagreement between written and scaled dimensions on drawings or between drawings and specifications etc., following order shall apply. i) Between scaled be adopted. and written dimension (or description) on a drawing, latter shall ii) Between written or shown description or dimensions in drawings and corresponding one in specification former shall be taken as correct. iii) Between written description of item in specifications and descriptions in bills of quantities of same item, former shall be adopted: 18

19 a) In case of difference between rates written in figures and words, rate in words shall prevail. b) Between duplicate / subsequent copies of tender, original tender shall be taken as correct. 4.0 Scope of Work: The contractor shall carryout complete and maintain said work in every respect strictly accordance with this contract and with directions of and to satisfaction Bank to be communicated through architect/consultant. The architect/consultant at directions of SBIIMSS from time to time issue furr drawings and / or write instructions, details directions and explanations which are here after collectively references to as Architect s / consultant s instructions in regard to variation or modification of design, quality or quantity of any work or addition or omission or substitution work. Any discrepancy in drawings or between BOQ and / or drawings and/or specifications. The removal from site of any material brought reon by Contractor and any substitution of any or materials refore removal and/or reexecution of any work executed by him. The dismissal from work of any person engaged re upon. 5.0 i) Letter of Acceptance: Within validity period of tender SBIIMS shall issue a letter of acceptance directly or through architect by registered post or orwise depositing at of contractor as given in tender to enter into a Contract for execution of work as per terms of tender. The letter of acceptance shall constitute a bind contract between SBIIMS and contractor. ii) Contract Agreement: On receipt of intimation of acceptance of tender from SBIIMSS /Architectt successful tenderer shall be bound to implement contract and within fifteen days re of shall sign an agreement in a non-judicial stamp paper of appropriate value. 6.0 Ownership of drawings: All drawings, specifications and copies reof furnished by SBIIMS / SBI through its Architect / consultants are properties of SBIIMS They are not to be used on or work. 7.0 Detailed drawings and instructions: The SBIIMS through its architects / consultants shall furnish with reasonable proper additional instructions by means of drawings or orwise necessary for execution of work. All such drawings and instructions shall be consistentt with contract documents, true developments reof and reasonably inferable re. The work shall be executed in conformity re with and contractor prepare a detailed programme schedule indicating rein date of start and completion of 19

20 various through activities on receipt of work order and submit architect/consultant same to SBIIMS 7(a) Copies of agreement: Two copies of agreement duly signed handed over to contractors. by both parties with drawings shall be 8.0 Liquidated damages: If contractor fails to maintain required progress in terms of clause 6.0 of GOC or to complete work and clear site including vacating ir office on or beforee contracted or extended date or completion, without justification in support of cause of delay, he may be called upon without prejudice to any or right of remedy available under law to SBIIMS on account of such breach to pay a liquidated damages at rate of 0.50% of contract value which subject to a maximumm of 5% of contractt value. 9.0 Materials, Appliances and Employees: Unless or orwise specified contractor shall provide and pay for all materials, labour, water, power, tools, equipment transportation and any or facilities thatt are required for satisfactory execution and completion of work. Unless or orwise specified all materials shall be new and both workmanship and materials shall be best quality. The contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him. Workman whose work or behavior is found to be unsatisfactory by SBIIMSS /Architect// consultant he shall be removed from site immediately Permits, Laws and Regulations: Permits and licenses required for execution of work shall be obtained by contractor at his own expenses. The contractor shall give notices and comply with regulations, laws, and ordinances rules, applicable to contract. If contractor observes any discrepancy between drawings and specifications, he shall promptly notify SBIIMSS in writing under intimation of Architect/ Consultant. If contractor performs any act, which is against law, rules and regulations he shall meet all costs arising reform and shall indemnify SBIIMS any legal actions arising re from Setting out Work: The contractor shall set out work and shall be responsible for true and perfect setting out of same and for correctness of positions, levels, dimensions, and alignment of all parts reof and get it approved by architect / consultant before proceeding with work. If at any time any error in this respect shall appear during progresss of works, irrespective of fact that layout had been approved by, architectt / consultant contractor shall be responsible for same ad shall his own 20

21 expenses rectify such error, if so, required to satisfaction of SBIIMS 12.0 Protection of works and property: The contractor shall continuously maintain adequate protection. of all his work from damage and shall protect SBI s properties from injury or loss arising in connection with contract. He shall make good any such damage, injury, loss, except due to causes beyond his control and due to his fault or negligence. He shall take adequate care and stepss for protection of adjacent properties. The contractor shall take all precautions for safety and protections of his employees on works and shall comply with all applicable provisions of Govt. and local bodies safety laws and building codes to prevent accidents, or injuries to persons or property on about or adjacent to his place of work. The contractor shall take insurance covers as per clause at his own cost. The policy may be taken in joint names of contractor and SBIIMS and original policy may be lodged with SBIIMSS 13.0 Inspection of work: The SBIIMS / Architect / Consultant or ir representatives shall at all reasonable times have free access to work site and / or to workshop, factories, or or places where materials are lying or from where y are obtained and contractor shall give every facility to SBIIMS/Architect/consultant and ir representatives necessary for inspection and examination and test of materials and workmanship. No person unless authorized by SBIIMS/ Architect /Consultant except representative of Public authorities shall be allowed on work at any time. The proposed work eir during its construction stage or its completion can also be inspected by Chief Technical Examiner s Organization a wing of Central Vigilance commission Assignment and subletting: The whole of work included in contract shall be executed contractor and he shall not directly entrustt and engage or indirectly transfer, assign or underlet contract or any part or share re of or interest rein without written consent of SBIIMS through Architect and no undertaking shall relieve contractor from responsibility of contractor from active & superintendence of work during its progress Quality of materials, workmanship &Test: All materials and workmansh hip shall be best of respective kinds described in contractt and in accordance with Architect/consultant instructions and shall be subject from time to time to such tests as architect/consultant may direct at place of manufacture or fabrication or on site or an approved testing laboratory. The contractor shall provide such assistance, instruments, machinery, labor, and materials as are normally required for examining measuring sampling and testing any material or part of work before in corporation in work for testing as may be selected and required by architect/consultant. 21

22 ii) Samples: All samples of adequate numbers, size, shades & pattern as per specifications shall be supplied by contractor without any extra charges. If certain items proposed to be used are of such nature that samples cannot be presented or prepared at site detailed literature / test certificate of same shall be provided to satisfaction of Architect/consultant before submitting sample/ /literature contractor shall satisfy himself that material / equipment for which he is submitting sample / literature meet with requirement of tender specification. Only when samples are approved in writing by architect/consultant contractorr shall proceed with procurement and installation of particular material / equipment. The approved samples shall by signed by Architect / Consultant for identification and shall be kept on record at site office until completion of work for inspection / comparison at any time. The Architect/Consultant shall take reasonable time to approve sample. Any delay that might occur in approving samples for reasons of its not meeting specifications or or discrepancies inadequacy in furnishing samples of best qualities from various manufacturers and such or aspects causing delay on approval of materials / equipment etc. shall be to account of contractor. iii) Cost of tests: The cost of making any test shall be borne by contractor if such test is intended by or providedd for in specification or BOQ. iv) Costs of tests not provided for: If any test is orderedd by Architect/ Consultant which is eir a) If so intended by or provided for or (in cases above mentioned) is not so particularized, or though so intended or providedd for but ordered by Architect / Consultant to be carried out by an independent person at any place or than site or place of manufacture or fabrication of materials tested or any Government / approved laboratory, n cost of such test shall be borne by contractor Obtaining information related to execution of work: No claim by contractorr for additional payment shall be entertained which is consequent upon failure on his part to obtain correct information as to any matter affecting execution of work nor any misunderstanding or obtaining incorrect information or failure to obtain correct information relieve him from any risks or from entire responsibility for fulfillment of contract Contractor s superintendence: The contractor shall give necessary personal superintendencee during execution works and as long, reafter, as Architect/Consultant may consider necessary until expiry of defects liability period, stated hereto. 222

23 18.0 Quantities: The bill of quantities (BOQ) unless or orwise stated shall be deemedd to have been prepared in accordance with Indian Standard Method of Measurements and quantities. The rate quoted shall remain valid for variation of quantity against individual item to any extent. The entire amount paid under Clause 19, 20 hereof as well as amounts of prime cost and provision sums, if any, shall be excluded Works to be measured: The Architect/Consultant may from time to time intimate to contractor that he requires work to be measured and contractor shall forthwith attend or send a quantity representative to assist Architect in taking such measurements and calculation and to furnish all particulars or to give all assistance required by any of m. Such measurements shall be taken in accordance with Mode of measurements detail in specifications. The representative of Architect / Consultant shall take measurements with contractor s epresentative and measurements shall be entered in measurement book. The contractor or his authorized representative shall sign all pages of measurement book in which measurements have been recordedd in token of his acceptance. All corrections shall be duly attested by both representatives. No over writings shall be made in M book should contractor not attend or neglect or omit to depute his representative to take measurementss measurements recorded by representative of Architect/consultant shall be final. All authorized extra work, omissions and all variations made shall be included such measurement Variations: No alteration, omission or variation ordered in writing by Architect/consultant vitiates contract. In case SBIIMS/ Architect / Consultant thinks proper at any during progresss of works to make any alteration in, or additions to or omission from works or any. Alteration in kind or quality of materials to be used rein, Architect / Consultant shall give notice reof in writing to contractor shall confirm in writing within seven days of giving such oral instructions contract shall alter to, add to, or omit from as case may be in accordance with such but contractor shall not do any work extra to or make any alterations or additions to or omissions from works or any deviation from any of provisions of contract, stipulations, specifications or contractt drawings without previous consent in writing of Architect/ Consultantt and value of such extras, alterations, additions or omissions shall in all casess be determined by Architect / Consultant and same shall be added to or deducted from contract value, as case maybe Valuation of Variations : No claim for an extra shall be allowed unless it shall have been executed under authority of Architect / Consultant with concurrence of SBIIMS as herein mentioned. Any such extra is herein referred to as authorized extra and shall be made in accordance with following provisions. 23

24 (i) The net rates or prices in contractt shall determine valuation of extra work where such extra work is of similar character and executed under similar conditions as work price herein. (ii) Rates for all items, wherever possible should be derived out of rates given in priced BOQ. The net prices of original tender shall determinee value of items omitted, providedd if omissions do not vary conditions under which any remaining items of Works are carried out, orwise prices for same shall be valued under sub- Clause c hereunder. Where extra works are not of similar character and/or executed under similar conditions as aforesaid or where omissions vary conditions under which any remaining items or works are carried out, n contractorr shall within 7 days of receipt of letter of acceptance inform Architect/ consultant of rate which he intends to charge for such items of work, duly supported by analysis of rate or rates claimed and Architect/consultant shall fix such rate or prices as in circumstances in his opinion are reasonable and proper, based on market rate. Where extra work cannot be properly measured or valued contractor shall be allowed day work prices at net rates stated in tender, of BOQ or, if not, so stated n in accordance with local day work rates and wages for district; providedd that in eir case, vouchers specifying daily time (and if required by Architect/Consultant) workman s name and materials employed be deliveredd for verifications to Architect /consultant at or beforee end of week following that in which work has been executed. It is furr clarified that for all such authorized extra items where rates cannot be derived from tender, Contractor shall submit rates duly supported by rate analysiss worked on market rate basis for material, labour hire / running charges of equipment and wastages etc. plus 15% towards establishment charges, contractor s overheads and profit. Such items shall, not be eligible for escalation Final measurement: The measurement and valuation in respect of contract shall be completed within two months of virtual completion of work Virtual Completion Certificate (VCC): On successful completion of entire works covered by contract to full satisfaction of SBIIMS, contractor shall ensure that following works have been completed satisfaction of SBIIMS: Clear site of all scaffolding, wiring, pipes, surplus materials, contractor s labour equipment and machinery. 24

25 Demolish, dismantle and remove contractor s site office, temporary works, structure including labour sheds/campss and constructions and or items and things whatsoever brought upon or erected at site or any land allotted to contractorr by SBIIMS not incorporated in permanent works. Removee all rubbish, debris etc. from site and land allotted to contractor by SBIIMS and shall clear, level and dress, compact site as required by SBIIMS Shall put SBIIMS in undisputed custody and possession of site and all land allot by SBIIMS Shall hand over work in a peaceful manner to SBIIMS All defects / imperfections have been attended and rectified as pointed out by Architects to full satisfaction of SBIIMS Upon satisfactory fulfillment by contractorr as stated above, contractor is entitled to apply to Architect / consultant is satisfied of completion of work. Relativee to which completion certificate has been sought, Architect/ consultant shall within fourteen (14) days of receipt of application for completion certificate, issue a VCC in respect of work for which VCC has applied. This issuance of a VCC shall not be without prejudice to SBIIMS s rights and contractor liabilities under contractt including contractor s liability for defects liability nor shall issuance of VCC in respect of works or work at any site be construction as a waiver of any right or claim of SBIIMS against contractor in respect of or work at site and in respect of whichh VCC has been issued Work by or agencies: The SBIIMS / Architect / consultant reserves rights to use premises and any portion site for execution of any work not included in scope of this contract which it may desire to have carried out by or persons simultaneously and contractor shall not only allow but also extend reasonable facilities for execution of such work. The contractor however shall not be required to provide any plant or material for execution of such work except by special arrangement with SBI. Such work shall be carried out in such manner as not to impede progress of works included in contract Insurance of works: Without limiting his obligations and responsibilities under contractt contractor shall insure in joint names of SBIIMS And contractor against all loss of damages from whatever cause arising or than excepted risks, for which he is responsible under terms of contract and in such a manner that SBIIMS and contractor are covered for period stipulated I clause of GCC and are also covered during period of maintenance for loss or damage arising from a cause, occurring 25

26 prior to commencement of period of maintenance and for any loss or damage occasioned by contractor in course of any operations carried out by him for purpose of complying with his obligations under clause. The Works for time being executed to estimated current Contract value reof, or such additional sum as may be specified toger with materials for incorporation in works at ir replacement value. The constructional plant and or things brought on to site by contractor to replacement value of such constructional plant and or things. Such insurance shall be effected with an insurer and in terms approved by SBIIMS which approval shall not be unreasonably withheld and contractor shall whenever required produce to Architect / consultant policy if insurance and receipts for payment of current premiums Damage to persons and property: The contractor shall, except if and so far as contract provides orwise indemnify SBI against all losses and claims in respect of injuries or damages to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of execution and maintenance of works and against all claims proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation reto except any compensationn of damages for or with respect to: a) The permanent use or occupation of land by or any part reof. b) The right of SBIIMS to execute works or any part reof on, over, under, in or through any lands. c) Injuries or damages to persons or properties which are unavoidable result of execution or maintenance of works in accordance with contract. d) Injuries or damage to persons or property resulting from any act or neglect of SBIIMS ir agents, employees or or contractors not being employed by contractor or for or in respect of any claims, proceedings, damages, costs, charges and expenses in respect reof or in relation reto or where injury or damage was contributed to by contractor, his servants or agents such part of compensation as may be just and equitablee having regard to extent of responsibility of SBIIMS, ir employees, or agents or or employees, or agents or or contractors for damage or injury Contractor to indemnify SBIIMS: The contractor shall indemnify SBIIMS against all claims, proceedings, damages, costs, charges and expensess in respect of matters referred to in provision sub- clause 26.0 of this clause. 26