TENDER FOR STRUCTURAL ROOFING WORKS USING … · 2014-03-19 · Facilities & Infrastructure Management Department – South Signature of Tenderer Tender Document for structural roofing

Facilities & Infrastructure Management Department – South

Signature of Tenderer

Tender Document for structural roofing works for IDBI Bank’s, Panampilly Nagar branch, Cochin

TENDER FOR STRUCTURAL ROOFING WORKS USING GALVALUME SHEETS AT IDBI BANK, PANAMPILLY

NAGAR, COCHIN

VOLUME - I

TECHNICAL BID




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TENDER FOR STRUCTURAL ROOFING WORKS

USING GALVALUME SHEETS AT IDBI BANK, PANAMPILLY NAGAR, COCHIN

INDEX

SR.NO.

CONTENTS

PAGE NO.

I

NOTICE INVITING TENDER

3

II

INSTRUCTIONS FOR TENDERING

5

III

FORM OF TENDER

7

IV PREQUALIFICATION REQUIREMENTS 10

V

FORM OF AGREEMENT

13

VI

GENERAL CONDITIONS OF CONTRACT

14

VII

SPECIAL CONDITIONS OF CONTRACT

44

VIII

TECHNICAL SPECIFICATIONS

56

IX

MODE OF MEASUREMENTS 60

X

LIST OF APPROVED NOMINATED MANUFACTURERS / BRANDS

62

XI FORMAT OF BANK GUARANTEE

65

XII ANEXXURE - I

68

XIII ANEXXURE - II

69




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I. NOTICE INVITING TENDER IDBI BANK Ltd. is in the process of undertaking structural roofing works at its existing office at Panampilly Nagar, Cochin, Kerala. Sealed Item Rate Tenders are invited on behalf of IDBI BANK Ltd. from experienced contractors for supply, fabrication & erection of structural roof truss covered with galvalume sheets at Bank‟s office premises at Panampilly Nagar, Cochin, Kerala. The time of completion for the Structural roofing works shall be 45 days from the date of issue of Work Order. If the work is not completed within the aforesaid period the contractor shall pay the Bank, or the Bank shall be entitled to deduct from the money due to the said contractor, the sum of 1.0% of contract value per week of delay or part thereof, subject to a maximum limit of 5% of contract amount. The tender documents will be made available to the contractors for downloading from Bank‟s website: www.idbibank.com from MARCH 20, 2014, which can also be obtained from Bank‟s office at FIMD Dept., 3

rd Floor, IDBI Bank Office, 480, Anna Salai, Khivraj Complex,

Nandanam, Chennai - 600035. There shall be No Tender Fee for downloading / obtaining the tender documents. Each tender will comprise Conditions of Contract, Form of Tender, Prequalification Requirements, Form of Agreement, Special Conditions of Contract; Technical Specification; one copy of Bill of Quantities and Indicative Tender Drawings (as listed in document). The Earnest Money Deposit amounting to Rs. 40,000/- (Rupees Forty Thousand only) may be credited through electronic mode (NEFT) to IDBI Bank‟s

“Current Account No: 0005102000042255, IFSC code – IBKL0000005” at its branch

situated at Greams Road, Chennai. Tenderers shall ensure to remit / credit the EMD amount

with the aforementioned Bank’s a/c and obtain a copy / print of the transaction receipt, which should compulsorily be enclosed with the tender documents (with Technical Bid).

Tender not accompanied by proof of depositing the Earnest Money Deposit with the Bank, shall be summarily rejected. EMD can also be furnished by means of a Bank guarantee (as per format enclosed) from a scheduled bank for the amount not less than Rs.40,000/- . EMD money deposited of the unsuccessful tenderers shall be refunded by Bank after completion of the tender process. No Interest shall be payable on the EMD money deposited with Bank. The Tenderer shall be deemed to have full knowledge about the scope of works before submitting the Tender and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The Tenderer shall be responsible for arranging and maintaining at his own cost all materials, tools & plants and other facilities for his workers and all services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a Tender by a Tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and local conditions and other factors having a bearing on the execution of the work. IDBI Bank Ltd reserve to itself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rates quoted. Sealed tenders in the prescribed tender form shall be submitted on or before 2:30 PM of MARCH 31, 2014 in a sealed cover containing two separate sealed envelopes addressed to the Dy. General Manager (FIMD), IDBI Bank Ltd., 3rd Floor, IDBI Bank Office, 480, Anna Salai, Khivraj Complex, Nandanam, Chennai - 600035, super scribing “Structural Roofing Works for IDBI Bank’s Panampilly Nagar Branch Office, Cochin“on the envelope.

http://www.idbibank.com/




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The contents of the envelopes should be as follows: Envelope I to contain :- (i) Proof / Receipt of having deposited EMD amount of Rs. 40,000.00 in Bank’s a/c through NEFT (ii) Duly filled & signed Technical Bid (Vol-I) of Tender document. (iii) Duly signed drawings, issued with the Tender document. Envelope II to contain :- (i) Duly filled & signed Price bid (Vol-II) of Tender document.

Only the Tender Technical Bid documents will be opened at 3:00 PM on MARCH 31, 2014 in the presence of Tenderers or their authorized representatives who may be present at the time of opening of tender. Price Bid of contractors who will be qualified based on the prequalification criteria (Annexure-II) shall be opened on a later date, for which date & time shall be intimated.

Tenderers to note that tenders are being issued with indicative drawings, only

for the purpose of reference. Working / fabrication drawings shall be issued at the time of execution of the works. The tenderers may refrain from submitting conditional tenders. In case any tenderer put any condition, he/she should be available him/herself or their authorized representative at the time of opening of the tender and the same has to be submitted in separate envelope. After assessing the condition(s), the Bank shall notify to the tenderer / their authorized representative, its decision on the condition(s). Bank‟s decision shall be final and binding on the contractors. However, the contractor shall have the choice to revise their quoted rates before opening the price bids.

This Tender notice shall form part of the contract

Sd/- Place :- Chennai S. N. ACHARJEE Date :- 20

th March 2014 DY. GENERAL MANAGER (FIMD)




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II. INSTRUCTIONS FOR TENDERING 1. Before tendering, the Tenderer shall visit the site and also carefully examine the

Tender Documents, General Conditions of Contract, Special Conditions of Contract, General Specification, Detailed Specification, Drawings and other Specifications referred to therein, the Schedule and the Bill of Quantities, Scrap materials identified for disposal and if there should be or appear to be ambiguity in or discrepancy between any of these documents or between figured and measured dimensions upon the drawings, he should immediately refer the matter to the Bank /Bank‟s Architect for clarification.

2. Time is the essence of the contract and work must be completed within the time

schedule as indicated in the Appendix to the form of tender. 3. The Tenderer shall ascertain the location, size and condition of the areas available for

his use as working areas and all other information affecting this Tender. 4a (i) The Tenderer shall complete the annexed form of Tender, Schedules and Bill of

Quantities with the whole of the prices and information called for therein, and shall sign and date each of the documents in the space provided for the purpose. The Tenderer shall initial each page of the Tender document.

(ii) The Tender shall be signed by person or persons so authorized by the Tenderer with signature duly witnessed. In the case of a corporation, the officers so authorized, by the corporation with its seal duly affixed shall sign the Tender. In case of a consortium, the Tender shall be signed by the officers so authorized by each corporate member of the consortium and the Tender shall be fixed with the corporation seals of each member of the consortium.

(iii)The Tenderer shall furnish Address, Tel. No., Cell Phone No., Email ID and Fax No. for serving notices required to be served to the Tenderer in connection with the Tender.

4b The rates for Individual items shall be filled in figures. The Final rates shall be quoted

in both words and in figures. In case there is any discrepancy in the rate indicated in figures or words, the rate indicated in words shall be taken into consideration.

5 The Tender Form and the documents attached to it shall not be detached one from

the other, and no alteration or mutilation (other than filling in all the blank spaces) shall be made in any of the documents attached hereto. Any alterations or erasures to the entries in the attached documents shall be made by a separate covering letter otherwise it shall not be entertained.

6 Each Tenderer will be issued with one copy each of Technical Bid & Price Bid

documents comprising of Conditions of Contract, Form of Tender, Form of Agreement, Special Conditions of Contract, General and Detailed Specifications, drawings and Bill of Quantities.

7 No Tender will be considered which is not accompanied by a receipt showing a sum

of Rs. 40,000/- (Forty Thousand Only) deposited with Bank through NEFT being Earnest Money. In the event of the Tenderer withdrawing his Tender before the expiry of Ninety days (90) from the date fixed for receiving Tenders or such other dates as the Tenderer may be required to extend the date, the Tender would be cancelled and the Earnest money will be forfeited to the Bank, and on the understanding also that if




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the Tender is accepted, the Bond or Guarantee referred to in Conditions of Contract would be furnished when required. The Earnest money shall be paid by Bank draft / Pay Order / Banker‟s Cheque drawn in favour of IDBI BANK Ltd. and shall be furnished, otherwise the Tender will be marked as “Refused / Rejected”.

8 The Earnest Money will be returned to unsuccessful bonafide Tenderers within 30

days after the date fixed for receiving tenders or at such earlier time as a tender may have been accepted by the Bank. In the case of the successful Tenderer, the Earnest Money will be adjusted with security money. If the EMD is submitted as Bank Guarantee while submitting the Tender, if the work is finalized for the bidder, then once the Tender is accepted, the bidder has to submit DD for Rs. 40,000/- which will be kept by Bank as Security Money and the Bank Guarantee will be returned. The Earnest Money / Security Money will not bear any interest.

9. The Tender is strictly on Item Rate basis and the tenderer should fill rates for all the

quantities adhering to the specifications mentioned for each item in figures as well as in words.

10. Bank will not be responsible or pay for expenses which may be incurred, or losses to

person or property suffered by any Tenderer in connection with visits to and examination of the site and in the preparation of his Tender for submission.

11. The Tenderer (whether or not he submits a tender) shall treat the details of the

documents as secret and confidential. 12. The Bank reserves the right to adjust arithmetical or other errors if any in the Tender

in the way in which he considers suitable. Any adjustments so made by the Bank shall be stated to the Tenderer if the Bank shall make an offer to accept the Tender.

13. Tender is called for Interior Furnishing works of Third Floor at IDBI Bank – Saidapet.

The Tender is prepared based on the quantum of work to be executed. Quantities for individual items with specifications will be given along with the Tender document, for which rates have to be quoted.

14. Tender document shall be signed wherever provided for as well as all pages of Tender documents shall be initialed at the lower right hand corner by the tenderer.

15. The rates quoted by the tenderer are inclusive of all duties / taxes / levies / transport

charges etc and shall remain firm till completion of works and no escalation in price will be payable for what so –ever reasons.

16. The Tenderer once submits the Tender document, it will be deemed, as the Tenderer

is fully aware and have understood the specifications, dimensions and details of BOQ and the terms of Tender document and it will be presumed, as the tenderer will be carrying out the works exactly as per the specifications and dimensions.

17. The Bank does not bind them self to accept the lowest or any Tender and has the

right to refuse any Tender without assigning any reason. The Bank also has the right to re-issue the Tender without Tenderers having right to object to such re-issue.




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III. FORM OF TENDER

(Note: The Appendix forms part of the Tender) To, Dy. General Manager (FIMD), IDBI Bank Ltd., 3rd Floor, IDBI Bank Office, 480, Anna Salai, Khivraj Complex, Nandanam, Chennai - 600035 Dear Sir,

1. Having examined the Sample Drawings, Conditions of Contract, Special Conditions of Contract, General Specifications and Detailed Specifications, Schedules and Bill of Quantities of the above named work, we offer to furnish, complete and maintain the whole of the said work in conformity with the Drawings, Conditions of Contract, Specifications, Schedules and Bill of Quantities of this Tender Documents or such other sum as may be ascertained in accordance with the said conditions of contract.

2. We undertake to complete and deliver the whole of the Work comprised in the

Contract within the time stated in the Appendix hereto. 3. We have independently considered the amount of Liquidated Damages shown in the

Appendix hereto and agree that it represents a fair estimate of the loss likely to be suffered by you in the event of the work not being completed in time.

4. If our Tender is accepted, we will obtain third Party Insurance Policy from Insurance

Company approved by you.

5. We agree to abide by this Tender for the period of six months from the date fixed for receiving the same and it shall remain binding upon us and may be accepted at any time before the expiry of the period. After six months if we are not able to carryout the works as per the rates agreed, we shall be informing the Bank in writing about our inability to for carrying out further works.

6. Unless and until a formal Agreement is prepared and executed this tender together

with your written acceptance thereof shall constitute a binding contract between us.

7. I/ We enclose here with a receipt showing deposit of Rs. 40,000/- through NEFT as earnest money deposit. The said sum shall not bear interest and I / We do agree this sum shall be totally forfeited if in the event of your accepting my / our tender and I/We fail within 7 days from the date of intimation of the acceptance of tender to commence the work being called upon to do so. The amount of 5% of the total amount of work done deducted from the final bill shall remain with the client as retention money till the defects liability period of 12 months is over and the amount shall bear no interest.

8. I / We undertake that if, we are awarded with this work, we shall carryout the works

fully adhering to the specifications, dimensions given by Bank and if we fail to do so, we will make necessary modifications to suit the specifications or Bank has the right to reject the work in full / part and we will have no right of claim in this regard. We are submitting the Tender on the assurance that we will be binding up on the specifications and dimensions given by Bank.




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9. You shall take adequate safety measures in ensuring safe working at site and at the

fabrication shop / yard. All necessary safety gears & equipments like safety helmet, hand-gloves, safety shoes, safety belt & harnesses, etc shall be provided to the workmen employed by you for the project. You shall also take all fire safety measures in staking & handling the oxygen / LPG cylinders and using Gas / Oxyacetylene torches for the wielding & gas cutting activities at site.

10. You shall comply with all laws applicable to workmen employed by you and the rules framed there under. IDBI Bank Ltd. shall in no event and under no circumstances, be liable or responsible for any default by way of non-observance / compliance of the said law / rules on your part and you shall further indemnify us, in a prescribed format specified by us, against any liabilities and costs / expenses from all proceedings in respect thereof.

11. I / We undertake that if awarded with this work, we shall produce, before starting of the work, the certificate of (1) having registered with the Assistant Commissioner of Labour as required under contract labour (Regulation & Abolition / Rules 1970) and (2) having registered with the Sales Tax Department. We will adhere to the provision of all labour and Sales Tax laws. We will indemnify the bank for any breach in this matter.

12. We understand that you are not bound to accept the lowest or and Tender you may

receive. Dated ______day of March 2014 Signed in the capacity of_____________________duly authorized to sign tenders for an on behalf of _____________________________________________________________ (In Block Capitals) Witness: Signature…………………….Address of…………………… Name……………………. Occupation……………….




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Appendix to form of Tender Clause

1 Retention Money SCC 50 5% of the final bill amount sanctioned adjusted to the nearest Rs.1,000/-, which will be held with the Bank for the period of 12 months, i.e., for the Defect liability period.

2(a) Minimum amount of Third Party Insurance

CC 25 Contractor has to obtain CAR policy against any incident for their workmen, for not less than the project contract value.

2(b) Minimum amount of insurance of work

CC 23 Sum insured not less than contract price.

3 Period of commencement CC 36 7(Seven) days after receipt of letter of intent /order or the date of handing over of site whichever is later.

4 Time of Completion CC 37 45 days from date of issue of work order or availability of the site to commence the work, whichever is earlier.

5 Amount of Liquidated Damages

CC 40 & SCC 38

1.0% (One percent) of contract price per week or part there of delay subject to a ceiling of 5% of final contract value.

6 Period of Maintenance / Defect liability period

CC 42 12 Months

7 Limit of Retention Money SCC 50 Total 5% of final Bill Amount

8 Minimum amount of Running Account Bill (RAB)

CC 50 (I) Rs. 7.5 Lakhs

9 Time within which payment would be made towards RAB by IDBI BANK LTD

CC 50 (I) 15 days from the date of receipt of the request from the contractor for payment. Contractor will give a request to Bank for payment. The RAB payment will be made only after verification of the quantum of works completed.

10 Final Bill - Time within which payment would be made by IDBI BANK Ltd.

CC 50(I) One month from date of submission of Final Bill and virtual completion of the work subject to rectification of defects which were pointed out during the progress of the work and during verification of Final bill. Payment for Final Bill will be made after certification of quantities from Architect

11 Initial Security Deposit EMD money for an amount of Rs. 40,000/- shall be converted as Initial Security Deposit for the project, which shall be held with the bank till the time of settlement of final bills.




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IV. PREQUALIFICATION REQUIREMENTS Applications are invited in the prescribed format (Annexure – I & II) for the structural roofing works for IDBI Bank‟s Panampilly Nagar branch office at Cochin, Kerala. Contractors fulfilling the following prequalification requirements shall be eligible to apply:-

a) Only the bids received from contractors who satisfy the following criteria of having executed similar works mainly involving Steel Structural and Roofing works during last 5 years for Central or State Govt. organization/Dept. or for any PSB / PSU / PSE / Reputed Private Organizations shall be considered -

A. One similar project work mainly involving Steel Structural and Roofing

works for a project value not less than Rs. 36.0 Lakhs OR

B. Two similar project works mainly involving Steel Structural and Roofing works for a project value not less than Rs. 27.0 Lakhs

OR C. Three similar project works mainly involving Steel Structural and Roofing

works for a project value not less than Rs. 18.0 Lakhs

b) Contractor should have completed at least One work costing not less than

Rs. 18.0 Lakhs for any Central or State Govt. organization / Department during the last 5 years.

c) Annual turnover of the bidder during the last 03 years ending March 31, 2013 shall be at least Rs. 50.0 Lakh.

d) The bidder ensures should also furnish the following information in „Cover 1‟ (Technical

Bid).

The details as required at item no.1 above in the format detailed in Annexure – I. The details as required at item no.2 above in the format detailed in Annexure – II

** EMD Money - Bank‟s Remittance/Credit Slip receipt copy in respect of

depositing an amount of Rs. 40,000.00 (Rupees Forty Thousand only) towards

the Earnest Money Deposit through the electronic mode (NEFT) in IDBI Bank‟s

“Current Account No: 0005102000042255, IFSC code – IBKL0000005”

at its branch situated at Greams Road, Chennai.

** Tenderers shall ensure remitting the EMD Money in the aforementioned Bank’s a/c and obtain a copy / print of the transaction receipt, which should compulsorily be enclosed with

the tender documents (with Technical Bid).




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V. FORM OF AGREEMENT

Articles of Agreement made at Chennai this ___________day of March 2014 Between IDBI BANK Ltd., having one of its Head Office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai-400005, hereinafter called the Bank (which expression shall include its successors and assigns wherever the context or meaning shall so required permit) of the one part and M/s._____________________________________________________________ hereinafter called „The Contractor‟ of the other part. Whereas the Bank is desirous of undertaking structural roofing works for one of its‟ office at Panampilly Nagar, Cohin, Kerala and has got drawings, Specifications and the Schedule of Quantities prepared by _______________________________________which have been signed by or one behalf of the parties hereto.

And whereas the Contractor has agreed to execute upon and subject to the Conditions and Instructions set further herein (hereinafter referred to as „The said Conditions‟) the work shown upon the said drawings and or described in the specification and included in the said Schedule of quantities at the item rates therein set forth amounting to the Contract sum of Rupees_________________ (Rupees_________________________________________________________only) hereinafter referred to as „The said Contract Amount‟.

Now it is hereby agreed as follows:

1. 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 Specifications and/or Priced Schedule of Quantities.

2. The Bank shall pay the Contractor „The said Contract Amount‟ of such other sum as shall become payable at times and in the manner hereinafter specified in the said conditions.

3. The said Conditions and Appendices thereto shall be read and construed as forming

part of this agreement, and the parties hereto shall respectively abide by and submit themselves to the conditions and perform the Agreement on their part respectively in such conditions contained.

4. All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen in __________________ and only the Courts in Chennai shall have jurisdiction to determine the same.

5. This Contract comprises:

a) Conditions of Contract b) Special Conditions of Contract c) Scope of Work d) Contract Price e) Schedule of Quantities f) Specifications g) Drawings

Necessary corrections arising out of corrigenda/clarifications issued before opening of tender have been made in these documents. Also the subsequently agreed terms based on the discussions held between the Contractor and the Bank‟s representatives which were finally accepted for the work have been incorporates and all pages in the documents have been




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initialed both by the contractor and the Dy. General Manager (FIMD.), IDBI BANK Ltd., in token of their acceptance.

In witness whereof the Official Seal of IDBI Bank Ltd. was thereto affixed and signed by the Dy.General Manager (FIMD) on its behalf and the contractor has signed this Agreement on the dates respectively mentioned against their signatures in the presence of the following witnesses. In the presence of

Signed by Dy.General Manger (FIMD)

for and on behalf of the IDBI BANK Ltd. :- ____________________________ Date:-__________________ WITNESSES 1. Signature :- ______________________________ Name :- ______________________________ Address :- ______________________________ 2. Signature :- ______________________________ Name :- ______________________________ Address :- ______________________________ In the presence of Signed by ____________________________ for and on behalf of the contractor _____________________________________ :- ____________________________ Date: ----------------------------------- WITNESSES 1. Signature :- ______________________________ Name :- ______________________________ Address :- ______________________________ 2. Signature :- ______________________________ Name :- ______________________________ Address :- ______________________________




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VI. GENERAL CONDITIONS OF CONTRACT

INDEX

CLAUSE NO:

DESCRIPTION

1 DEFINITIONS AND INTERPRETATIONS

2 DUTIES OF ARCHITECT / ARCHITECT‟S REPRESENTATIVE

3 ASSIGNMENT

4 SCOPE OF WORK

5 LANGUAGES

6 DOCUMENTS MUTUALLY EXPLANATORY

7 CUSTODY OF DRAWINGS

8 DISRUPTION OF PROGRESS

9 FURTHER DRAWINGS AND INSTRUCTIONS

10 CONTRACTOR‟S GENERAL RESPONSIBILITIES

11 MATERIALS AND WORKMANSHIP TO BE BEST

12 LETTER OF INTENT

13 PERFORMANCE GUARANTEE BOND

14 INSPECTION OF SITE

15 SUFFICIENCY OF TENDER

16 WORK TO BE DONE TO THE SATISFACTION OF BANK / ARCHITECT

17 PROGRAMME TO BE FURNISHED

18 CONTRACTOR‟S SUPERINTENDENCE

19 CONTRACTOR‟S SENIOR REPRESENTATIVE

20 SETTING OUT

21 WATCHING AND LIGHTING

22 CARE OF WORK – INDEMNIFICATION OF BANK

23 INSURANCE OF WORK

24 INSURANCE AGAINST INJURY TO PERSONS & PROPERTY

25 INJURY TO PERSONS & PROPERTY & BANK‟S INDEMNITY

26 GIVING OF NOTICES AND PAYMENT OF FEES

27 AUTHORITIES NOTICES AND PATENTS

28 OPPORTUNITIES FOR OTHER CONTRACTOR/AGENCIES

29 CONTRACTOR TO KEEP SITE CLEAN & REMOVAL OF DEBRIS

30 ENGAGEMENT & CONDITIONS OF LABOUR

31 QUALITY OF MATERIALS & WORKMANSHIP & TESTING

32 ACCESS FOR INSPECTION

33 EXAMINATION OF WORK BEFORE COVERING UP

34 REMOVAL OF IMPROPER WORK & MATERIALS

35 SUSPENSION OF WORK

36 COMMENCEMENT OF WORK

37 TIME FOR COMPLETION

38 DELAY & EXTENSION OF TIME

39 RATE OF PROGRESS

40 LIQUIDATED DAMAGES FOR DELAY

41 VIRTUAL COMPLETION CERTIFICATE

42 EXECUTION - WORK REPAIR ETC. DURING PERIOD OF MAINTENANCE

43 VARIATION

44 VALUATION OF VARIATIONS

45 CLAIMS

46 APPROVAL OF MATERIALS ETC. NOT IMPLIED

47 QUANTITIES

48 WORK TO BE MEASURED

49 PROVISIONAL SUM

50 PAYMENTS




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51 APPROVAL ONLY BY MAINTENANCE CERTIFICATE

52 MAINTENANCE CERTIFICATE

53 DETERMINATION OF CONTRACT BY BANK

54 TERMINATION OF CONTRACT

55 DETERMINATION OF CONTRACT DUE TO ABANDONMENT OR REDUCTION IN SCOPE OF WORK

56 SPECIAL RISK

57 PAYMENT IN EVENT OF FRUSTRATION

58 DISPUTES BE FINALLY DETERMINED BY BANK / ARCHITECT

59 SETTLEMENT OF DISPUTES BY ARBITRATION

60 SERVING OF NOTICES

61 CONTRACT PRICE NOT SUBJECT TO VARIATION

62 EXCISE, SALES TAX, VAT AND WORK CONTRACT TAX ETC.

63 TAXES

64 CONTRACT SUPERSEDES PREVIOUS DOCUMENTS

65 INDIAN CONTRACT

66 LABOUR LAWS

67 CVC CLAUSE

68 URGENT REPAIRS




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1. Definitions and Interpretations

In the Contract (as hereinafter defined) Definition of the following words and expressions shall have the meanings, unless the context otherwise requires herein respectively assigned to them:

„Approved‟ means approved in writing; „Approval „ means approval in writing

„Bill of Quantities‟, „Schedule of Quantities‟ means items specification, the quantities of items, materials, rates, conditions etc.

„Completion of the work‟ means the completion of the whole of the work in all respect as evidenced by issuance of a Certificate of Completion by the Bank/Architects in pursuance of Clause ____of the General Conditions of Contract.

“IDBI / Bank” means IDBI BANK Ltd.

„Contractor‟ means the person / company/ firm to whom the work is awarded and to whom work order is issued and includes the Contractor‟s personal representatives, successors and permitted assigns.

„Conditions‟ means the Conditions of Contract.

„Contract‟ means this agreement and all documents, which form part thereof and /or annexed thereto and all amendments thereto made in accordance with the provisions hereof.

„Contract Price‟ means the sum setout herein and shall be subject to additions and/or deductions and relates in accordance with the provision herein contained, materials, apparatus, equipment, plant fittings and things.

„Construction‟ means all appliances or things what so ever nature required in or about the execution, completion or maintenance of the work or Temporary Work (as herein after defined) but does not include Materials or other things intended to form or forming part of the Work.

„Drawings‟ means the drawings referred to in the specification and any modification of such drawings approved in writing by the Bank/ Bank‟s Architect and such other drawings as may from time to time be furnished or approved in writing by the Bank/ Bank‟s Architect. The work is to be carried out in accordance with drawings, specifications, the Bill of Quantities. A set of drawings is provided with the tender to give the general idea about the total work. Successful contractors shall be issued with detailed actual site drawings with measurements. In case any detailed Drawings are necessary contractor shall prepare such detailed drawings and/or dimensional sketches therefore and have it confirmed by the Bank/Bank‟s Architect prior to taking up such work. The contractor shall ask in writing for all classifications on matters occurring anywhere in drawings, specifications on matters occurring anywhere in drawings, specification and bill of quantities or to additional instructions at least 10 days prior from the time when it is required for implementation so that the Bank/ Bank‟s Architect may be able to give decision thereon.

„Bank‟/ „Owner‟ means IDBI BANK Ltd. and includes the Bank‟s representatives, successors and assigns.

„Bank/Bank‟s Architect‟, means Authorized officer of the Bank or any other agency appointed by the Bank to perform the required duties.

„Bank/Bank‟s/Architect‟s Representative‟, „Bank/Bank‟s/Architects – in Charge‟ means any Resident Bank/Architects or assistant of the Bank/Architects or any person of work appointed from time to time by the Bank/Architects to perform the duties set forth in Clause 2 hereof whose authority shall be notified in writing to the contractor by the Bank/Architects on such appointment.

„Period of Maintenance‟ shall mean the period of 12 calendar months calculated from the date of completion of the work certified by the Bank/Architects or at the discretion of the Bank/ Bank‟s Architect from the date of virtual completion of the work certified by the Bank /Bank‟s Architect.




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„Materials‟ means the materials, apparatus, equipment, fittings and other things for incorporation in the work.

„Month‟ means calendar month.

„Permanent work‟ shall mean the works, which are of a permanent nature and are not Temporary works.

„Special Conditions‟ means the Special Conditions of Contract.

„Specification‟ means specifications including Indian Standard or other approved standard specification where so required.

„Site‟ means places on under in or through which the work are to be executed or carried out at any place provided by the Bank for the purposes of the work together with such other places as may be specifically designated in the contract as forming part of the Site.

„Work‟ means the work described in the „Scope of Work‟ and/or to be executed in accordance with the Contract and includes materials, apparatus, equipments, fittings and things of all kinds to be provided.

„Temporary Work‟ means all temporary work of every kind required in or about the execution, completion or maintenance of the work.

Words inputting the singular only also include the plural and vice versa where the context required.

The marginal headings or notes shall not be deemed to be a part of the clauses and shall not be taken in to consideration in the interpretation on construction thereof on the Contract.

All other work shall have the meaning assigned to them elsewhere in the Contract.

2. Duties of Architect /Architect‟s representative

The duties of the Architect /Architect‟s representative are to watch and supervise the work and to test and examine any materials to be used and the workmanship employed in connection with the work. He shall have no authority to relieve the Contractor of any of his duties and obligations neither under the contract nor except as expressly provided hereunder or elsewhere in the Contract to order variation in quantity, extension of time limit, extra items, arbitration and extra final payment.

The Bank may from time to time in writing delegate to the Architect/Architect‟s representative any of the powers and authorities vested on them and will be made known to the contractor in writing by the Bank/ Architects. Any written instruction or approval given by the Bank/Bank‟s Architect Representative to the contractor within the terms of such delegation (but not otherwise) shall bind the Contractor and Bank as though it had been given by the Bank/Bank‟s Architect, Provided always as follows:

Incorrect approval or failure of the Architect /Architect‟s representative to disapprove any work or materials shall not prejudice the power of the Bank thereafter to disapprove such work or materials and to order the pulling down removal or breaking up thereof. If the Contractor shall be dissatisfied by reasons of any decision of the Architect /Architect‟s Representative he shall be entitled to refer the matter to the Bank who shall there upon confirm reverse or vary such a decision.

3. Assignment

The whole of the work included in the Contract shall be executed by the Contractor and the Contractor shall not directly or indirectly transfer, assign or underlet the contract or any part, share of interest therein nor shall be taken a new partner without the written consent of the Bank and no subletting shall relieve the Contractor from the full and entire responsibility of the Contract of from active superintendence of the work during its progress.




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4 Scope of Work

The Scope of work shall include “Supply, cutting, fabrication & Errection of structural truss structure in place & proper alignment, complete with covering & fixing color coated Galvalume sheet with required ridges, gutter, UPVC rain water down-take pipe and all associate accessories; over the existing R.C.C terrace of IDBI Bank’s office premises at Panampilly Nagar, Cochin, Kerala”. The Contractor shall carry out and complete the work in every respect in accordance with the directions and to the satisfaction of the Bank/ Bank‟s Architect, who shall be the final authority. The Bank/Bank‟s Architect may in their absolute discretion issue further drawings and / or written instructions, details, directions and explanations, which are hereafter collectively referred to as “The Bank/Bank‟s/Architect‟s Instructions”.

The variation or modification of the design, quality or quantity of work or the addition or omission or substitution of any work.

Any discrepancy in the drawings or between the Schedule of quantities and/or drawing and / or Specification.

The removal from the site of any materials brought thereon by the contractor and the substitution of any other material therefore.

The removal and/or re-execution of any work executed by the contractor.

The dismissal from the work of any persons employed thereupon.

The opening up for inspection of any work covered up.

The amending and making good of any defects under clause _____ (Execution of repair work etc during period of maintenance).

The Contractor shall forth with comply with and duly execute all work comprises in such Bank‟s/Architect‟s Instructions provided always that verbal instructions, directions, and explanations given to the Contractor or his foreman / supervisor upon the work by the Bank / Bank‟s Architect shall if involving any variation be confirmed in writing by the contractors within seven days. The Bank/Bank‟s Architect shall fix rates of items not mentioned in the Priced Schedule of Quantities. If compliance with the Bank /Bank‟s Architect Instructions as aforesaid involves extra work and /or was beyond that was contemplated by the Contract then unless the same were issued owing to some breach of this Contract by the Contractor, the Bank shall pay to the Contractor the price of the said work as extra to be valued as hereinafter provided and/or expenses and/or losses.

Bank/Bank‟s Architect decision shall be final and binding on the contractor. Figured dimensions shall be followed in preference to scale. The Contractor shall provide himself for ground and fresh water for carrying out of the work at his own cost. The Bank shall not charge the Contractor for his own un-rented ground or for water out of his own well. The Bank shall on no account be responsible for the expense incurred by the Contractor for hired ground or water obtained from elsewhere. The Bank‟s tube wells, if any, shall not be available for Contractor‟s use. The Contractor shall make his own arrangements for water required for work and installation of power pump and pipe line.

5 Languages The Language in which the contract documents be drawn up shall be English. 6 Documents mutually explanatory

Except if and to the extent otherwise provided by the Contract the provisions of the Conditions of Contract shall prevail over those of any other document forming part of the Contract. Subject to the foregoing the several documents forming the contract are to be taken as mutually explanatory of one another but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Bank /Bank‟s




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Architect who shall thereupon issue to the Contractor instructions directing in what manner the work is to be carried out. The specifications and dimensions for the work are clearly mentioned in the drawings and BOQ. If any variation is found between the details given, the same has to be brought to the notice of Bank and the decision of Bank in this regard will be final and binding on the contractor.

7 Custody of Drawings

i) The drawings shall remain in the sole custody of the Bank /Bank‟s Architect but two copies thereof shall be furnished to the Contractor free of cost. The Contractor shall provide and make at his own expense any further copies required by him. At the completion of the Contract, the Contractor shall return to the Bank/Bank‟s/Architects all drawings provided under the contract and copies if any made by the Contractor. ii) The Contractor shall give adequate notice in writing to the Bank / Bank‟s / Architects or the Bank / Bank‟s / Architect‟s representative of any further drawing or specification that may be required for the execution of the work or otherwise under the Contract. iii) Drawing to be kept at site One copy of the Drawings furnished to the Contractor as aforesaid shall be kept by the Contractor on the Site and the same shall at all reasonable time be available for inspection and use by the Bank / Architects and the Bank / Bank‟s / Architect‟s representative and by any other person authorized by the Bank/Architects in writing in this behalf.

8 Disruption of Progress

The Contractor shall give adequate written notice to the Bank/ Architects whenever planning or progress of the work is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval is required to be issued by the Bank / Architects. The notice shall include details of the drawings or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late.

9 Further drawings and Instructions

The Bank / Architects shall have full power and authority to supply to the Contractor from time to time during the progress of the work such further drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance of the Work and the Contractor shall carry out and be bound by the same.

10 Contractor‟s General responsibilities i) The contractor shall, subject to the provisions of the Contract and with due care and diligence, execute and maintain the Work and provide all labour, including the supervision thereof, materials, constructional plant and all other things, whether of temporary or permanent nature, required in and for such execution and maintenance, unless the same according to this contract is to be provided by the Bank / Bank‟s Architect. ii) The Contractor shall carry out and complete the work with good practices in accordance with Bank/Architecture practices and using materials and workmanship of the quality and standards therein specified provided that where and to the extent that approval of the quality of materials or of the standards of workmanship is a matter of opinion, such quality and standards shall be to the satisfaction of the Bank/Architects or Bank‟s/Architect‟s representative.




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11 Materials and workmanship to be best All materials and workmanship shall so far as procurable be of the respective kinds described in the Priced Schedule of Quantities and/or Specifications and in accordance with the instructions of the Bank/ Bank‟s Architect and the Contractor shall upon the request of the Bank/ Bank‟s Architect furnish them with all invoice, accounts, receipts and other vouchers to prove that the materials comply therewith. The Contractor shall at his own cost arrange for and/or carry out any test of materials which the Bank/ Bank‟s Architect may require. Wherever required, Bank / Bank‟s Architect shall instruct for supply of samples of items, erection of Mock ups, as the case may be and up on approval of the same, the items shall be fabricated and completed by the contractor. (With or with out modifications on the approved pattern by Bank / Architect) All furniture, parts should be new and finished items only need to be brought to the site and only assembly is permitted at the site. The whole of the materials / fittings / equipments employed in connection with the permanent work shall be new and of the best quality and description of their respective kinds and to the approval of the Bank / Bank‟s Architect. The contractor shall be responsible to ensure that the material used is suited to the specific conditions including the climatic and environmental conditions prevailing at the site.

Any proprietary material shall be of approved make and the type as stipulated. Lists of approved makes are given at the end of this document. It will be deemed that the contractor has priced the respective items on the basis of those approved makes. However, it shall be the prerogative of the Bank / Bank‟s Architect to choose any particular make among the list as the most appropriate one and the contractor shall be bound to provide the same without any variation in the contract rate.

The Bank /Bank‟s Architect shall be kept informed as to the progress of all works being carried out or materials being manufactured / procured / prepared / supplied so that they may be able to make such arrangements for inspection, testing and analysis as he may desire. Wherever considered desirable by the Bank / Bank‟s Architect representative will be sent to the contractor‟s / sub – contractor‟s and /or manufacturer‟s premises to test the materials or inspect their manufacture. The contractor shall attend to the Bank / Bank‟s Architect or representative during such inspection to be carried out satisfactorily. Should the Bank / Bank‟s Architect decide not to send a representative to the said premises, the contractor shall obtain from the manufacturer‟s, certificate of test, proof sheets, mill sheets, showing that the materials have been tested satisfactory in accordance with the requirements of the specification relating there to, but neither omission of the consultant to send and inspector nor the production of manufacturer‟s certificates of test shall affect the liberty of the Bank / Bank‟s Architect to reject after delivery of any material found not to be suitable or not in accordance with the specifications. The contractor needs to get approval of the all the materials used by providing samples of the same as mentioned in the Specification/ BOQ before commencement of the Interior Furnishing Work. All the samples are to be kept at the site also.

12 Letter of Intent (i) Before the signing of the Contract, the Bank may issue to the Contractor Letter of Intent to enter in to a Contract with the Contractor for the execution of the work in accordance with the Contract. Upon issue of such Letter of Intent by the Bank, The Bank shall deemed to have signified his intention to award the Contract, however the process shall be deemed to be complete only when the Contract has been entered in to by the Bank and the Contractor by duly acknowledge of the „Letter of Acceptance‟ issued by the Bank/Architects, unconditionally.




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ii) Contract Agreement The Contractor shall when called upon so to enter in to execute a Contract agreement enters in to the same with the Bank.

13 Execution of agreement (Performance Guarantee Bond)

After acceptance of the Tender, The Tenderer shall sign the necessary agreement within 7 days of intimation or at a convenient date intimated by Bank.

14 Inspection of Site

The Contractor shall be entitled if he so desires to inspect and examine the site and its surroundings and shall satisfy himself before submitting his tender as to the form and nature of the site, the quantities and nature of the work, materials necessary for the completion of the work, the means of access to the site, the accommodation he may require and in general, the rules, regulations and statutory obligations he has to fulfill and shall himself obtain all necessary information (subject as above mentioned) as to risks, contingencies and other circumstances which may influence or effect his Tender or the obligations assumed by him under the Contract.

15 Sufficiency of Tender

The contractor shall be deemed to have satisfied himself before entering in to the Contract as to the correctness and sufficiency of the rates and prices stated in the priced Bill of quantities and the Schedule of rates and prices (if any) set out in the contract and rates and prices shall except in so far as it is otherwise provided in the contract cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.

16 Work to be done to the satisfaction of Bank/ Bank‟s Architect

The Contractor shall execute, complete and maintain the work in strict accordance with the Contract to the satisfaction of the Bank/Bank‟s Architect and shall comply with and adhere strictly to the Bank‟s/Bank‟s Architect Instructions and directions on any matter (whether mentioned in the contract or not) touching or concerning the work. The Contractor shall take instructions and directions only from the Bank/ Bank‟s Architect or (subject to the limitations referred to in Clause 2 and mentioned in the agreement hereof) from the Bank/Bank‟s/Architect‟s representative.

17 Programme to be furnished (i) With in 3 days of receiving letter of intent the Contractor shall prepare and submit detailed Programme of work showing the order in which he proposes to carry out the work including design, manufacture, and delivery to site, erection and commissioning. While preparing the detailed program of work, the Contractor should keep in view the completion period as specified in the Work Order. The submission and approval by the Bank/ Bank‟s Architect of such program shall not relieve the Contractor of any of his duties or responsibilities under the Contract or from adhering to the time schedule. The programme shall provide for the orderly performance of the work within the time specified in time schedule and in accordance with the requirements of the Contract. (ii) Progress Report The Contractor, indicating the actual state of progress during the course of the contract shall provide weekly progress reports.




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18 Contractor‟s Superintendence The Contractor shall give and /or provide all necessary superintendence during the execution of the work and as long thereafter as the Bank /Bank‟s Architect may consider necessary for the proper fulfilling of the Contractor‟s obligations under the Contract. The Contractor or its competent and authorized agent or representative approved of in writing by the Bank/ Bank‟s Architect (which approval may at any time be withdrawn) is to be constantly on the work and shall give his whole time to the superintendence of the same. Such representatives shall be adequately qualified and have the required experience in similar work. If such approval shall be withdrawn by the Bank/ Bank‟s Architect, the contractor shall as soon as is practicable (having regard to the requirement of replacing him as hereinafter mentioned) after receiving written notice of such withdrawal remove the agent from the site and shall not thereafter employ him again on the site in any capacity and shall replace him by another agent approved by the Bank/Bank‟s Architect. Such authorized agent or representative shall receive on behalf of the contractor directions and instructions from the Bank/Bank‟s Architect of (subject to the limitations contained in the Contract) the Bank/Architect‟s representative.

19 Contractor‟s senior representative

i) The Contractor shall have on site at all times during working hours throughout the course of the Contract at least one competent representative who shall be empowered to make decisions binding on the Contractor in respect of all materials likely to arise in connection with the execution of the work at site and shall keep the Bank/Bank‟s Architect informed at all times about the name and designation of such representative. The person should be conversant with the language of contract and capable of receiving instructions from Bank/ Architects full time at the site and other places of work. Only Contractor‟s Representative shall have the power to take joint measurement and sign the measurement books / measurement sheets/bills. ii) Removal of Employees The Bank/ Bank‟s Architect shall be at liberty to object to and require the Contractor to remove forthwith from the work any person employed by the Contractor in or about the execution or maintenance of the work who in the opinion of the Bank/Bank‟s Architect misconducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Bank/Bank‟s Architect to be undesirable and such person shall not be again employed upon the work without the written permission of the Bank/ Bank‟s Architect. Any person so removed from the work shall be replaced as soon as possible by a competent substitute approved by the Bank/ Bank‟s Architect.

20 Setting out

The Contractor shall be responsible for the true and proper setting out of the Work in relation to original points, lines and levels of reference given by the Bank/ Bank‟s Architect in writing / through drawings and for the correctness (subject as above mentioned) of the position levels provision of all necessary instruments appliances and labour in connection therewith. If at any time during the progress of the work any error shall appear or arise in the position levels, dimensions or alignment of any part of the Work the Contractor on being required so to do by the Bank / Architects or Bank‟s / Architect‟s representative shall at his own expense rectify such error to the satisfaction of the Bank / Architects or the Bank‟s / Architect‟s representative. The checking of any setting out or of the line or level by the Bank/ Bank‟s Architect or the Bank‟s/Architect‟s representative shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve the bench-marks sight-fulls pegs and other things used in setting out the work. The contractor shall be responsible for all the errors in this connection and will have to rectify all defects at his own cost, failing which the client reserve all right to get the same rectified at the risk and cost of the contractor.




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21 Watching and Lighting

The Contractor shall in connection with the work provide and maintain at his own cost all lights, guards, fencing and watch and ward staff when and where necessary or required by the Bank/Bank‟s Architect or Bank‟s/Architect‟s representative or by duly constituted authority for the protection of the work or for the safety and convenience of the public or others. Any loss arising out by theft / misplacement of any machinery / materials will be to the cost of contractor and Bank will have no liability on the same.

22 Care of Work Indemnification of Bank

(i) From the commencement to the completion of the work the Contractor shall take full responsibility for the care thereof and of all temporary work and in case any damage, loss or injury shall happen to the work or to any part thereof or to any Temporary Work from any cause whatsoever (save and except the expected risks as defined in sub-clause (ii) of this clause) shall at his own cost repair and make good the same so that at completion the work shall be in good order and condition and in conformity in every aspect with the requirements of the Contract and the Bank/Bank‟s Architect instructions. In the event of any such damage, loss or injury happening from any of the expected risks the Contractor shall if and to the extent required by the bank /Bank‟s Architect and subject always to the provisions of Clause ____ hereof repair and make good the same as aforesaid at the cost of the Bank (after deducting the amount reimbursed by the Insurance agency and if the Insurance is not taken by the contractor, then the risk will have to be borne solely by the contractor and rectification / replacement to be done at his cost). The contractor shall also be liable for any damage to the work occasioned by him in the course of any operations carried out by him for the purpose of complying with his obligations under Clause 25 hereof. The Contractor shall indemnify the Bank from all risks on this account. ii) Expected Risks The “expected risks” are war (whether declared or not), hostilities, invasion, act of foreign enemies, rebellion, revolutions, insurrection, civil commotion (other than among the Contractor‟s own employees) riot use or occupation by the Bank of any portion of the work in respect of which a Certificate of Completion has been issued or accuse solely due to the Bank / Architect‟s design of the work or any such operation of the forces of nature as reasonable foresight and ability on the part of Contractor could not foresee or reasonably provide against ( all of which are herein collectively referred to as “the excepted risks”). The decision of Bank / Bank‟s Architect in this aspect will be final and binding on the contractor.

23 Insurance of Work

(i) The Contractor before commencement of work shall in the joint names of the Bank and Contractor insure the work for a value not less than contract value of the work against loss and damage from whatever cause including but not limited to fire, lighting, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, earthquake, aircraft and other aerial devices or articles dropped there from riot and civil commotion for all work executed and all unfixed materials and goods, delivered to placed on or adjacent to the Work and intended therefore but excluding temporary buildings, plants, tools and equipment owned or hired by the Contractor or by Sub-Contractor, and shall keep such work , material and goods so insured until Practical Completion of the Work. Such Insurance shall be with insurers approved by the Bank and the Contractor shall deposit with the Bank the policy or policies and the receipts in respect of premiums paid; and if the contractor makes default in insuring then it will be responsibility of the contractor to bear the loss.




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ii) Making good damaged work Upon acceptance of any claim the insurances aforesaid the Contractor with due diligence shall restore the work damaged, replace or repair/add any unfixed materials or goods which have been destroyed, remove and dispose of any debris work. The contractor shall not be entitled to any payment in respect of the restoration of work damaged, the replacement and repair of any unfixed materials of goods and the removal and disposal of debris. The Bank/ Bank‟s Architect will decide whether to make any payment, for such works, considering the cases and will be final and binding to the contractor.

24 Insurance against Injury to persons and property

(i) Without prejudice to his liability to indemnify the Bank under these Conditions, the Contractor shall maintain and shall cause any Sub-Contractor to maintain such insurances as are necessary to cover the liability of the Contractor or, as the case may be, of such Sub-Contractor in respect of personal injury or death arising out of or in the course of or caused by the carrying out of the work not due to any act or neglect of the Bank or of any person for whom the Bank is responsible and in respect of or damage to property ,real or personal arising out of or in the course of any negligence, omission or default of the Contractor, his servants or agents or, as the case may be, of such Sub-Contractor, his servants or agents. The insurance in respect of claims for personal injury to, or the death of any person under a contract of service of apprenticeship with the contractor or Sub-Contractor or as the case may be, and arising out of and in the course of such person‟s employment, shall comply with the applicable laws, regulation and any statutory orders made there under or any amendment or reenactment thereof. The contractor for all other claims to which this sub-clause applies, the insurance cover shall be the sum as the Contractor may choose for any one occurrence or series of occurrences arising out of one event. (ii) As and when he is reasonably required so to do by the Bank the Contractor shall produce and shall cause any Sub-Contractor to produce for inspection by the Bank documentary evidence that the insurances required by this sub-clause are properly maintained, but on any occasion the Bank may (but not unreasonably or vexatiously) require to have produced for his inspection the policy or policies and receipts in question. The insurance if not taken by the contractor or its sub contractors, the sole responsibility and making good the loss will be with the contractor and he should indemnify the Bank for the same.

25 Injury to Persons and Property & Bank‟s Indemnity

(i) The Contractor shall be liable for and shall indemnify the Bank against any liability, loss, claim, or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death of any person whomsoever arising out of or in the course of or caused by the carrying out of the work, unless due to any act or neglect of the Bank or of any person for whom the Bank is responsible. (ii) Except of such loss or damage as is at the risk of the Bank under the Contract, the Contractor shall be liable for and shall indemnify the Bank against, any expense, liability, loss, claim or proceedings in respect of any injury or damage what so ever to any property real or personal in so far as such injury or damage arises out of or in the course of or by reason of the carrying out of the work, and provided always that the same is due to any negligence, omission or default of the Contractor, his servants or agents or of any sub-contractor, his servants or agents.

26 Giving of notice and payment of fees

(i) The Contractor shall give all notices and pay all fees required to be given or paid by any Central or State Statute Ordinance or other law or any Regulation or Bye Law of any local or other duly constituted authority in relation to the execution of the work or of any Temporary work and by the rules and regulations of all public bodies and companies affected in any way by the Work or any Temporary Work.




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(ii) Compliance with Statutes, regulations etc. The Contractor shall conform in all respects with the provisions of any such statute ordinance or law as aforesaid and the regulation or Bye-Laws of any local or other duly constituted authority which may be applicable to the work or to any Temporary work and with such rules and regulations of public bodies and companies as aforesaid and shall keep the Bank indemnified against all penalties and liability of every kind for breach of any statute ordinance or law regulation or bye-law.

27 Authorities Notices and Patents

The Contractor shall conform to the provisions of any Acts of the Legislature relating to the work, and to the regulations and Bye-Laws of any Authority, and/or any water, lighting and other Companies, and/or Authorities with whose system the structure is proposed to be connected, and shall, before making any variations from the drawings or Specifications that may be necessitated by so conforming give to the Bank/Architects written notice specifying the variations proposed to be made and to the reasons for making them and apply for instructions thereon. Incase the contractor shall not within seven days receive such instructions he shall proceed with the work conforming to the Provisions, Regulations or Bye Law in question. In particular, the Contractor shall be responsible to register themselves under the Contract Labour (Regulation and Abolition) Act 1970 and Rules there under and they must comply with and carry out all the provisions and obligations under the said Act and Rules and furnish all information to Bank as may be required by it and shall also indemnify the Bank against any penalties/claims arising from any default, on their part. The Contractor shall arrange to give all notices required by the said Acts, Regulations or Bye Laws to be given to any Authority, and to pay to such Authority or to any Public Office all fees that may be properly Chargeable in respect of the work and lodge the receipts with the Bank/Architects. The Contractor shall indemnify the Bank against all claims in respect of patent rights and shall defend all actions arising from such claims unless he has informed the Bank/ Bank‟s Architect before any such infringement and received his permission to proceed and shall himself pay all royalties, license fees, damages costs and charges of all and every sort that may be legally incurred in respect thereof. The Contractor should observe that his work should not cause any nuisance to the Public in general and to the neighboring occupants in particular. Should the Contractor desire to work on Sundays, Holidays and during night, permission in writing from the Bank/ Bank‟s Architect must be obtained in time. It shall be the responsibility of the Contractor to obtain permission from Civil Authorities if necessary. The Contractor shall indemnify the Bank from and against all claims and proceedings for or on account of infringement of any patent rights, design trade mark or name or other protected rights in respect of any Constructional Plant machine work or material used for or in connection with the Work or Temporary work or any of them and from against all claims, demand proceedings, damages costs, charges and expenses whatsoever in respect thereof or in relation thereto. Except where otherwise specified the Contractor shall pay all tonnage and other royalties, rent and other payments or compensation (if any) for getting stone and gravel, clay or other materials required for the Work or Temporary Work or any of them.

28 Opportunities for other Contractor/Agencies

The Contractor shall in accordance with the requirements of the Bank/Bank‟s Architect afford all reasonable opportunities for carrying out work by any other Contractor or agencies employed by the Bank and their workmen and to the workmen of the Bank and of any other duly constituted authority who may be employed in the execution on or near the site of any work not included in the contract or of any contract which the Bank may enter into in connection with the or ancillary to the work. For any dispute in the matter, the same should be referred to Bank/Architect and




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decision given by them will be binding. The contractor shall co-ordinate with the agencies of associated works to be carried out and works carried out by other agencies in the site, in such a manner that they can carryout their works smoothly and the whole finished work must appear absolutely integrated.

29 Contractor to keep site clean and removal of debris

(i) During the progress of the work the Contractor shall keep the site reasonable free from all unnecessary obstruction and shall store or dispose of any constructional plant and surplus materials and clear away and remove from the site any wreckage, rubbish or temporary work no longer required. (ii) Clearance of Site on completion:- On the completion of the Work the Contractor shall Clear away and remove from the site all constructional plant surplus materials rubbish and temporary work of every kind and leave the whole of the site and work clean and in a workman like condition to the satisfaction of the Bank/Architect not later than two days from the completion of the work.

30 Engagement & Conditions of Labour

(i) The Contractor shall make his own arrangements for the engagement of all labour. In respect of the engagement, employment, wages, transport, paying, feeding, housing and working conditions of labour and of all matters connected therewith the Contractor shall be responsible and liable and shall at all times during the continuance of the Contract obligations imposed on him any of the provisions and requirements of any Central or State Statute ordinance or other Law or any Regulation or Bye Law of any local or other duly constituted authority which may be applicable including any such law regulation or order passed or made of coming into force during the period of the Contract. (ii) Supply of Water: - The Contractor shall have regard to local conditions provide on the site to the satisfaction of the Bank /Bank‟s Architect an adequate supply of drinking and other water for the use of Contractor‟s staff and workmen. (iii) Alcoholic Liquor or Drugs: - The Contractor shall not any time give, sell or barter any alcoholic liquor or permit or suffer any such sale, gift or barter to be made by any Sub Contractor, nor importation of any alcoholic liquors in India. The site handed over is for the purpose of completion of works as specified in the Tender / Work Order and the premises should not be used for any other purposes. (iv) Arms and Ammunition :- The Contractor shall not any time import or sell, give, barter or otherwise dispose off any arms or ammunition or explosive of any description to any person or persons whatsoever nor permit or suffer any of his Sub Contractors agents or employees to make any such sale, gift, barter or other disposition. The premises handed over should not be used for any other purposes other than for execution of works mentioned as per Work order issued. (v) Festivals and Religious Customs :-The Contractor and Sub Contractors agents and employees shall in all their dealings with their workmen and laborers for the time being employed on or in connection with the work have due regard to all recognized festivals and religious customs. (vi) Epidemics :- In the event of any out break of illness of an epidemic nature the Contractor shall comply with and carry out such regulations, orders and requirements as may be made by the Government or Governments concerned or the Local medical or sanitary authorities for the purpose of dealings for overcoming the same. (vii) Disorderly Conduct:- The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the work against the same but the contractor shall not interfere with member of any authorized Police Force who shall have free and undisputed access at all times to any part of the work in the execution of their duties. (viii) Accidents :- The Contractor shall within 24 hours of the occurrence of any accident at or about the site or in connection with the execution of the work report such accident to the Bank/ Bank‟s/Architect‟s representative. The Contractor shall




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also report such accident to the competent authority whenever law requires such report. (ix) Fair Wages :- The Contractor shall in respect of all persons employed by him in every factory, workshop or other place occupied or used by him for the execution of the Contract including the work, pay rates or wages, emoluments and expenses and observe working hours and conditions of labour not less favourable than those established for the trade or industry in the district where the work is carried out by agreement machinery of negotiation to which the parties are organizations of Banks and trade unions representatives respectively of substantial proportions of the Banks and workers engaged in the trade or industry in the district. In the absence of such established rates and conditions observed in the trades or industries similar to those in which the Contractor is engaged, the Contractor shall comply with the provisions of all labour legislation including the requirements of: (a) The payment of Wages Act (b) Bank‟s Liability Act (c) Workmen‟s Compensation Act (d) Contractor Labour (Regulation & Abolition) Act, 1970 and Central rules 1971. (e) Apprentices Act 1961 (f) Any other Act of enactment relating thereto and rules framed there under

from time to time. (x) Observance by Sub-Contractor:- The Contractor shall be responsible for the observance by Sub contractors employed by him in the execution of this contract of the provisions hereof and applicable laws, rules and regulations.

(xi) Returns of Labour, etc.;- The Contractor shall if required by the Bank/ Bank‟s Architect deliver to the Bank /Bank‟s/Architect‟s representative or at his office a return in detail in such form and at such intervals as the Bank/Architect may prescribe showing the supervisory staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Site and such information respecting Constructional Plant as the Bank/Bank‟s /Architect‟s representative may require.

31. Quality of Materials & Workmanship & Testing

(a) Materials used: Materials to be new. The whole of the materials and fittings employed in connection with the permanent work should be new and of the best quality and description of their respective kinds and to the approval of the Bank / Architect. All proprietary material shall be of approved make and type as stipulated. Lists of approved makes are given at the end of this document. It will be deemed that the contractor has priced the respective items on the basis of those approved makes. However, it shall be prerogative of the client to choose any particular make among the list as appropriate one and the contractor shall be bound to provide the same with out any variation in the contract rate.

(b) All materials and workmanship shall be the best of the respective kinds described in

the Contract and in accordance with the Bank/Bank‟s /Architect‟s instructions and shall be subjected to from time to time to such tests as the Bank/Architect may direct at the place of manufacture or fabrication or on the site or at all or any of such places or at any approved laboratory. The Contractor shall provide such assistance, instruments, machines, labour and materials as are normally required for examining, measuring and testing any work and the quality, weight or quantity of any materials before incorporation in the work for testing as may be selected and required by the Bank/Architect. ii) Cost of Samples: - All samples are required by the Bank/Architect shall be supplied by the Contractor without any extra charge. iii) Cost of Tests :- The cost of making any test shall be borne by the Contractor if such test is intended by or provided for in the Tender Conditions, Specification or Bill of Quantities and in the cases only of a test under load or of a test to ascertain whether the design of any finished or partially finished work is appropriate for the purposes which it was intended to fulfill is particularized in the specification or Bill of




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Quantities in sufficient detail to enable the contractor to price or allow for the same in his Tender.

If any test is ordered by the Bank/Bank‟s Architect which is either. a) not so intended by or b) (in the cases above mentioned) is not so particularized or c) Though so intended or provided for is ordered by the Bank/Architect to be carried out in addition to the tests arranged by the Contractor as usual practices by an independent person at any place other than the Site or the place of manufacture or fabrication of the materials tested. If the test shows the workmanship or materials not to be in accordance to the provision of the Contract or the Bank/Bank‟s/Architect‟s Instructions the same has to be replaced immediately at Contractor‟s cost.

32 Access for Inspection

The Bank/Bank‟s Architect and any person authorized by them shall at all times have access to the work and the site and to all workshops and places where work is being prepared or where materials manufactured, articles or machinery are being obtained for the work and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access.

33 Examination of work before covering up

(i) No work shall be covered up or put out of view without the approval of the Bank / Bank‟s Architect or their representative and the Contractor shall afford full opportunity for the Bank/Bank‟s Architect or their representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. The contractor shall give due notice to the Bank/ Bank‟s/Architect‟s representative whenever any such work or foundations is or are ready or about to be ready for examination and the Bank/Bank‟s/Architect‟s representative shall without unreasonable delay, unless he considers it unnecessary and advices the Contractor accordingly, attend for the purpose of examining and measuring such work or of examining such foundations. (ii) Uncovering and making opening: - The Contractor shall uncover any part or parts of the work or make opening in or through the same as the Bank/Bank‟s Architect may from time to time direct and shall reinstall and make good such part or parts to the satisfaction of the Bank/Bank‟s Architect. If any such part or parts have been covered up put out of view after compliance with the requirements of sub-clause (i) of this clause and are found to be expenses of uncovering making openings in or through reinstating and making good the same shall be borne by the Bank but in any other case all such expenses shall be borne by the Contractor and shall be recoverable from him by the Bank or may be deducted by the Bank from any monies due or which may become due to the Contractor.

34 Removal of Improper Work & Materials

(i) The Bank/ Bank‟s Architect shall during the progress of the work have power to order in writing from time to time:

a. The removal from the Site within such time or times as may be specified in the order of any materials, which in the opinion of the Bank/Bank‟s Architect are not in accordance with the Contract.

b. The substitution of power and suitable materials and the removal and proper re-execution (notwithstanding any previous test thereof or interim payment therefore) of any work which in respect of materials or workmanship is not in the opinion of the Bank/Architect in accordance with the Contract.

(ii) Default of Contractor in Compliance: - In case of default on the part of the Contractor in carrying out such order the Bank shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be borne by the Contractor and shall be recoverable from him




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by the Bank or may be deducted by the Bank from any monies due or which may become due to the Contractor. (iii) Inspection & Testing during manufacture: - Unless otherwise agreed in the Contract the Bank/Bank‟s Architect shall be empowered during manufacture to inspect, examine and test on the Contractor‟s premises during working hours the materials and workmanship and check the progress of manufacture of all fabrication materials to be supplied under the Contract and if part of the said materials is being manufactured on other premises the Contract shall obtain for the Bank /Bank‟s Architect permission to inspect, examine and test as if the said plant were being manufactured on the Contractor premises. Such inspection, examination or testing if made shall not release the Contractor from any obligation under the Contract. (iv) Dates for Inspection and Testing: - The Contractor shall agree with the Bank /Bank‟s Architect the date on and the place at which any plant/work will be ready for testing as provided in the Contract and unless the Bank/Bank‟s Architect shall attend at the place so named on the date agreed the Contractor may proceed with the Tests, which shall be deemed to have been made in the Bank / Bank‟s / Architect‟s presence, and shall forthwith forward to the Bank/Bank‟s Architect duly certified copies of the test readings. The Bank/ Bank‟s Architect shall give the Contractor 24 hours notice in writing of his intention to attend the tests. (v) Facilities for Testing of Manufacture‟s work: - Where the Contract provides for tests on the premises of the Contractor or of any Sub-contractor the Contractor shall provide such assistance, labour, materials, electricity, fuel, stores, apparatus and instruments as may be requisite and as may be reasonably demanded to carry out such tests efficiently. (vi) Certificate of Testing: - As and when materials shall pass the tests referred in this Clause the Bank/ Bank‟s Architect shall furnish to the Contractor a certificate in writing to that effect. (vii) Rejection: - If as a result of such inspection, examination or test of the work (other than a test on Completion under Clause (31)), the Bank/Bank‟s Architect shall decide that such material is defective or not in accordance with the Contract he shall notify the Contractor accordingly stating in writing his objection and reasons therefore. The Contractor shall with all speed make good the defect or ensure that the material complies with the Contract. Thereafter, if required by the Bank/Bank‟s Architect, the tests shall be repeated under the same terms and conditions save that all reasonable expenses to which the Bank may be put by the repetition of the tests shall be deducted from the Contract Sum. (viii) Inspection and Testing: - All deficiencies revealed by testing and inspection shall be rectified by the Contractor at his own expense and to the satisfaction and approval of the Bank/Bank‟s Architect. Rectified components shall be subject to retesting and re-inspection. (ix) The Contractor shall provide the Bank /Bank‟s Architect with five copies of reports of all inspection and tests.

35 Suspension of Work

(i) The Contractor shall on the written order of the Bank/Bank‟s Architect suspend the progress of the Work or any part thereof for such time or times and in such manner as the Bank/Bank‟s Architect may consider necessary and shall during such suspension property protect and secure the work so far as is necessary in the opinion of the Bank/Bank‟s Architect. The extra cost including all running wages to be paid on the Site salaries depreciation and maintenance of plant Site on-costs and overhead costs of the Contract relatable to the work done, incurred by the Contractor and in giving effect to the Bank‟s/Architect‟s instructions under this clause shall, to the extent outstanding, be borne and paid by the Bank unless such suspension is (a) Otherwise provided for in the Contract or (b) Necessary for the proper execution of the work or by reason of weather

conditions affecting the safety or quality of the work or by some default on the part of the Contractor or

(c) Necessary for the safety of the work or any part thereof.




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Provided that the Contractor shall not be entitled to recover any such extra cost unless he gives notice in writing of his intention to claim to the Bank/Bank‟s Architect within 7 days of the Bank‟s/Architect‟s order. The Bank/Architect shall settle and determine such extra payment to be made to the Contractor in respect of such claim as shall in the opinion of the Bank/Architect be fair and reasonable. (ii) Suspension lasting more than 90 days: - If on the written order of the Bank/Bank‟s Architect (in this sub-clause referred to as “Suspension Order”) the progress of the work or any part thereof shall be suspended for a consecutive period of 90 days or if the Bank/Bank‟s Architect having previously issued a Suspension Order for a period which has lasted less than 90days shall within less than 90 days from the expiration of that period of suspension issue a further suspension order together with the previous suspension period amounts in aggregate to 90 days or more either in respect of the whole of the work or ( where the previous suspension order has affected only a part) affecting or including that part, then and in any such case the Contractor may serve a written notice on the Bank/Bank‟s Architect requiring permission within 7 days from the receipt thereof to proceed with the work or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a further written notice so served may ( but is not bound to) elect to treat the suspension where it affects only part of the work and an omission of such part or where if affects the whole work as an abandonment of the Contract by the Bank. (iii) Suspension by Contractor: - If the Contractor except on account of any legal restraint upon the Bank preventing the continuance of the work, shall suspend the work or in the opinion of the Bank/Bank‟s Architect shall neglect or fail to proceed with due diligence in the performance of his part of the Contract or if he shall make default the Bank shall have the power to give notice in writing to the Contractor requiring that the work be proceeded within a reasonable manner and with reasonable dispatch of such notice shall purport to be a notice under this clause after such notice shall have been given, the Contractor shall not be at liberty to remove from the site of the work or from any ground continuous thereto any plant or material belonging to him, which shall have been placed thereon for the work and the Bank shall have a lien upon all such plant and materials to subsist from the date of such notice being given until the notice shall have been compiled with. If the Contractor shall fail for 7 days after such notice has been given to proceed with the work as therein prescribed the Bank may proceed as provided herein.

36 Commencement of Work The Contractor shall Commence the work on site within a period of 7 days after the receipt by him of an order in writing to this effect from the Bank/ date of Handing over of site whichever is later and shall proceed with the same with due expedition and without delay except as may be expressly sanctioned or ordered by the Bank/ Bank‟s Architect or be wholly beyond the Contractor‟s control.

37 Time for Completion

Subject to any requirement in the specification as to completion of any portion of the work before completion of the whole of the work shall be completed within the time stated in Appendix calculated from the date of Bank/Bank‟s/Architect‟s written order to commence the work or such extended time as may be allowed under clause 38 hereof. The whole of the work as stipulated shall be completed within the stipulated time period starting from the date of receipt of the work order to commence the work or five days from the date of handing over of the site whichever is later. Time is the essence of the contract and the work must be completed within the time schedule as indicated in the Work order. Any tender, which disagrees with the time schedule of construction and stipulates a longer period will be rejected.




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The Contractor shall take all special steps he thinks might be necessary to complete the work in the stipulated time including any special plant, equipment, and labour etc. and no extra cost will be paid for bringing any additional facilities for completing the works within the time schedule. Materials as per specifications are to be arranged well in advance. Non-availability of materials as specified should not be cited as a reason for delay in completion of work. The contractor should verify the availability of materials before submitting the tender. No deviations will be allowed in material specifications.

38 Delay and Extension of Time

In the opinion of the Bank/ Bank‟s Architect whose decision shall be final, conclusive and binding, the work be delayed (a) by Force Majeure or (b) by reason of any exceptionally inclement weather or (c) by reason of proceedings taken or threatened by, or disputes with adjoining or neighboring owners or Public Authorities or (d) by the work or delays of other Contractors or Tradesmen engaged by the Bank and not referred to in the Schedule of Quantities under/or Specifications, or (e) by reason of Bank‟s/Architect‟s Instructions delayed for some reason (f) by reason of Civil commotion, local combination of workman or strike or lockout affecting any of the building trades of (g) in consequence of the Contractor not having received in due time necessary instructions from the Bank/ Bank‟s Architect for which he shall have specifically applied in writing, or (h) from other causes which the Bank/ Bank‟s Architect may certify as beyond the control of the Contractor, the Bank/Bank‟s Architect shall make a fair and reasonable extension of time for completion of the Contract. In case of strike or lockout the Contractor shall give written notice there of to the Bank/Architects within 7 days, but he shall nevertheless and shall do all that may reasonably be required to the satisfaction of the Bank/ Bank‟s Architect to proceed with the work. Should the amount of extra or additional work of any kind or other special circumstances of any kind whatsoever which may occur be such as fairly to entitle the Contractor to an extension of time for the completion of the work, the Bank& Bank/Architect shall determine the period of such extension. Provided that the Bank/Bank‟s Architect is not bound to take in to account any extra or additional work or other special circumstances unless the contractor has within 7 days after such work has been commenced or such circumstances have arisen delivered to the Bank/Bank/Bank‟s/Architect‟s representative full and detail particular of any claim to extension of time to which he may consider himself entitled in order that such claim may be investigated at that time.

39 Rate of Progress

The whole of the materials, plant and labour to be provided by the Contractor and the mode, manner and speed of execution and maintenance of the work are to be of a kind and conducted in a manner to the satisfaction of the Bank/Bank‟s Architect. Should the rate of progress of work or any part thereof be at any time in the opinion of the Bank/ Bank‟s Architect too slow to ensure the completion of the work by the prescribed time or extended time for completion, the Bank / Bank‟s Architect shall so notify the Contractor in writing and the Contractor shall thereupon take such steps be considered necessary and the Bank/ Bank‟s Architect may approve to expedite progress so as to complete the work by the prescribed time or extended time for completion. If the work is not being carried on day and by night and the Contractor shall request permission to work by night as well as day then the Bank/ Bank‟s Architect may grant such permission, however, the Contractor shall not be entitled to any additional payment for such work permitted. All work at night shall be carried out without unreasonable noise and disturbance. The Contractor shall indemnify the Bank from and against any liability for damages on account of noise or other disturbance created while or in carrying out the work and from against all claims, demands,




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proceedings, costs, charges and expenses whatsoever in regard or in relation to such liability.

40 Liquidated damages for delay

If the Contractor fails to complete the work within the time prescribed by clause 37 hereof or extended time then the Contractor shall pay to the Bank the sum stated in the Special Conditions as liquidated damages for such default and not as penalty for every day or part of a day which shall elapse between the time prescribed by Clause 37 hereof or extended time as the case may be and the date of completion of the work. The Bank may without prejudice to any other method of recovery, deduct the amount of such damages from any monies in his hands due or which may become due to the Contractor. The payment or deduction of such damage shall not relieve the contractor from his obligation to complete the work or from any other of his obligations and liabilities under the contract.

41 Virtual Completion Certificate As soon as in the opinion of the Bank/Bank‟s Architect the work shall have been substantially completed and shall have satisfactorily passed any final test that may be prescribed in the Contract the Bank/ Bank‟s Architect shall on receiving a written undertaking by the Contractor to finish any outstanding work during the period of maintenance issue a Certificate of virtual completion in respect of the work and the Period of maintenance of the work shall commence from the date of such certificate. Provided that the Bank/Bank‟s Architect may give such a certificate with respect to any part of the work before the completion of the whole of the work and shall upon the written application of the Contractor give such certificate with respect to any substantial part of the work which has been both completed to the satisfaction of the Bank/Bank‟s Architect and occupied or used by the Bank and when any such certificate is given in respect of a part the period of maintenance shall commence from the date of such certificate. Provided also that a certificate of completion given in accordance with the foregoing provisions of any part of the work occupied and used as aforesaid shall not be deemed to certify completion of any ground or surfaces requiring reinstatement unless such certificates shall expressly so state.

42 Execution work of repair etc during period of maintenance (i) To the intent that the work shall at or as soon as practicable after the expiration of the Period of Maintenance be delivered up to the Bank in as good and perfect a condition (fair wear and tear excepted) to the satisfaction of the Bank/Bank‟s Architect as that in which they are at the commencement of the Period of Maintenance the Contractor shall execute all such work of repair, amendment, reconstruction, rectification and making good of defects, imperfections, shrinkages or other faults as may be required of the Contractor in writing by the Bank/Bank‟s Architect during the period of maintenance or within fourteen days after its expiration as a result of an inspection made by or on behalf of the Bank/Bank/Architect prior to its expiration. (ii) Cost of execution of work of Repair etc.: - All such work shall be carried out by the contractor at his own expense if the necessity thereof shall in the opinion of the Bank/Bank‟s Architect be due to the use of materials or Workmanship not in the accordance with the contract or neglect or failure on the part of the Contractor to comply with any obligation expressed or implied on the Contractor‟s part under the Contract. (iii) Remedy on Contractor‟s failure to carry out work required If the Contractor shall fail to do any work as aforesaid required by the Bank/Bank‟s Architect, the Bank shall be entitled to carry out such work by his own workmen or by other Contractors. If such work, which the Contractor should have carried out at the Contractor‟s cost, Bank shall be entitled to recover from the Contractor the cost




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thereof or may deduct the same from any monies due or that become due to the Contractor.

43 Variation (i) The Bank/Bank‟s Architect may make any variation in quality or quantity of the work or any part thereof that may in their opinion be necessary and for that purpose or if for any other reason it shall in their opinion be desirable shall have power to order the Contractor to do and the Contractor shall abide by the orders and shall arrange for all or any of the following as advised. (a) Increase or decrease the quantity of any work included in the Contract. (b) Omit any such work (c) Change the Character or quality or kind of any such work. (d) Change the levels, lines, position and dimensions of any part of the work and (d) Execute additional work of any kind necessary for the completion of the work. And no such variation shall in any way vitiate or invalidate the contract but the value (if any) of all such variations shall be taken in to account in ascertaining the amount of the contract price. (ii) Orders for Variations to be in writing No such variation shall be made by the Contractor with out an order in writing of the Bank/Bank‟s Architect. Provided that no order in writing shall be required for increase or decrease in the quantity of any work where such increase or decrease is not the result of an order given under this clause but is the result of the quantities exceeding or being less than those stated in the Bill of Quantities. Provided also that if for any reason the Bank/Bank‟s Architect shall consider it desirable to give any such order verbally the Contractor shall comply with such order and any confirmation in writing of such verbal order given by the Bank/Bank‟s Architect whether before or after the carrying out of the order shall be deemed to be an order in writing within the meaning of this clause.

44 Valuations of Variations (i) The Bank/ Bank‟s Architect shall determine the amount (if any) which in his opinion should be added to or deducted from the Contract price, in respect of any extra or additional work done or work omitted by his order. All such work shall be valued at the rates set out in the Contract be derived from a relevant item of the contract if in the opinion of the Bank / Bank‟s Architect, the same shall be applicable. If the Contract shall not contain any rates applicable to the extra or additional works then suitable prices shall be agreed upon between the Bank / Bank‟s Architect and the Contractor. In the event of disagreement, the Bank shall fix such prices as shall in his opinion be reasonable and proper considering fair market rate. (ii) Power of Bank/Bank‟s Architect to fix rates Provided that if the nature or amount of any omission or addition relative to the nature or amount of the whole of the Contract to work or to any part thereof shall be such that in the opinion of the Bank/Bank‟s Architect the rate or price contained in the Contract for any item of the work is by reason of such omission or addition rendered unreasonable or inapplicable then a suitable rate or price shall be agreed upon between the Bank /Bank‟s Architect and the Contractor. In the event of disagreement the Bank shall fix such other rate or price as shall in his opinion be reasonable and proper having regard to the circumstances.

Provided also that no increase of the Contract Price under sub-clause (a) of this sub-clause (ii) of this clause shall be made unless as soon after the date of the order as is practicable and in the case of extra or additional work before the commencement of the work or as soon thereafter as is practicable notice shall have been given in writing. a) By the Contractor to the Bank/ Bank‟s Architect of his intention to claim extra

payment or a varied rate or b) By the Bank/ Bank‟s Architect to the Contractor of his intention to vary a rate

or price as the case may be.




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(iii) Day work The Bank/Bank‟s Architect may if in their opinion it is necessary or desirable order in writing that any additional or substituted work shall be executed on a day work basis. The Contractor shall then be paid for such work under the conditions set out in the Day work Schedule included in the Bill of Quantities and at the rates and prices affixed thereto by him in his tender. The Contractor shall furnish to the Bank/Bank‟s Architect such receipts or other vouchers as may be necessary to prove the amounts paid and before ordering materials shall submit to Bank/Bank‟s Architect quotations for the same for approval.

In respect of all work executed on a day work basis the contractor shall during the continuance of such work deliver each day to the Bank‟s/Architect‟s representative an exact list in duplicate of the names, occupation and time of all workmen employed on such work and a statement also in duplicate showing the description and quantity of all materials and plant used thereon or therefore (other than plant which is included in the percentage addition in accordance with the schedule hereinbefore referred to).One copy of each list and statement will if correct or when agreed be signed by the Bank‟s/Architect‟s representative and returned to the Contractor. At the end of each week the Contractor shall deliver to the Bank‟s/Architect‟s representative a priced statement of the labour, material and plant (except as aforesaid) used and the Contractor shall not be entitled to any payment unless such lists and statements have been fully and punctually rendered. Provided always that if the Bank / Bank‟s Architect shall consider that for any reason the sending of such list or statement by the contractor in accordance with the forgoing provision was impracticable, he shall nevertheless be entitled to authorize payment for such work either as day work (on being satisfied as to the time employed and plant and materials used on such work) or at such value therefore as shall in his opinion be fair and reasonable. (iv) Fixation of Rates The price of all such additional items/non-tendered items will be worked out on the basis of rates quoted for similar items in the contract wherever existing otherwise on Bank /Architects rate analysis based on prevalent fair price of labour, material and other components as required as per the details hereinafter. No claim for an extra shall be allowed unless it shall have been executed by the authorization of the Bank as herein mentioned. Any such extra is herein referred to as an authorized extra. No variations, i.e. additions, omissions or substitutions shall vitiate the contract. The Bank in accordance with the following rules shall settle the rates of items not included in the Schedule of Quantities: a) If the rates for the additional, altered or substituted work are specified in the

contract for the work, the contractor is bound to carry out the additional, altered and substituted works at the same rates as are specified in the contract for the work / agreed BOQ.

b) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived from the rates for a similar class of work as are specified in the contract for the work.

c) If the rates for the additional, altered or substituted work cannot be specified in the sub-clause (a) (b) above, the rates shall be derived on the basis of cost of materials and labour (rates for materials and labour will be as per the prevalent market rates for the same) plus 15% to cover overhead, supervision and profit etc plus prevalent sales tax on work contract.

45 Claims

The Contractor shall send to the Bank‟s /Architect‟s representative once in 15 days an account giving particulars (as full and detailed as possible) of all claims for any additional expense to which the Contractor may consider himself entitled and of all extra or additional work ordered by the Bank/ Bank‟s Architect which he has executed




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during the preceding week and no claim for payment for any such work will be considered which has not been included in such particulars.

46 Approval of materials etc not implied The operation of the preceding Clause 31 hereof shall not be deemed to imply any approval by the Bank/ Bank‟s Architect of the materials or other matters referred to therein nor shall it prevent the rejection of any such materials at any time by the Bank/Bank‟s Architect.

47 Quantities The Quantities set out in the Bill of Quantities are the estimated quantities of the work and they are not to be taken as the actual and correct quantities of the Work to be executed by the Contractor in fulfillment of his obligations under the Contract. The quantities in Schedule of Quantities can vary to any extent & this shall not affect the accepted unit rates.

48 Work to be measured The Bank‟s/Architect‟s authorized representative(s) along with the contractor or his authorized representative(s) during the progress of work, as and when required will record measurements in Measurement Book(s) in duplicate to be supplied by Bank. All measurements will be as per IS 1200.The Contractor shall forthwith attend or send a qualified person to assist the Bank/ Bank‟s Architect or the Bank/Bank‟s/Architect‟s representative/Bank‟s representatives in taking such measurements and calculations and to furnish all particulars or to give all assistance required by either of them. Should the Contractor not attend or neglect or omit to send such person, then the measurement taken by Bank/ Bank‟s Architect or a representative approved by him shall be taken to be the correct measurement of the work, such measurement shall be net quantities for the work produced and will be final and binding on the Contractor. The Contractor or his representative(s) may at the time of measurement take such notes and measurements as may require. All authorized extra work, omissions and all variations made without the Banks/Architect‟s permission, if subsequently sanctioned by him in writing with the approval of the Bank shall be included in such measurements. The Bank/ Bank‟s Architect and Contractor should do the Final measurement within one month from the date of the completion of work jointly, if the contractor fails to comply, the measurements taken by the Bank/ Bank‟s Architect will be final.

49 Provisional Sum (i) Every provisional sum (other than P.C prices under sub clause (ii) of this clause) set out in the Bill of Quantities (whether for work to be executed by the Contractor which has not been specified in detail when the Contract is entered in to or for work to be executed by a nominated Sub-Contractor as hereinafter defined) together with the charges and profits (if any) which the Contractor shall have added to such sums shall be deducted from the Contract Price and in lieu thereof there shall be added to the Contract Price.

Where work to which the provisional sum relates has been ordered by the Bank/ Bank‟s Architect and executed by a nominated sub-contractor (as hereinafter defined the sum or sums actually paid)(subject however to the provisions of sub-clause(v) hereof) by the contractor to such sub-contractor on the direction of the Bank/ Bank‟s Architect and (if the contractor shall have added to the provisional sum to which the work relates any sums in respect of charges and profits) a sum in the same proportion to the sum so actually paid as the said charges and profits bear to the said provisional sum.




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(ii) Prime Cost Items Every sum in the Bill of Quantities which contains (either as the whole or part of the sum) a prime cost (P.C) price for goods or materials to be supplied for or for incorporation in to the work shall be varied by the substitution for the prime cost price of the actual price (subject however to the provisions of sub-clause (v) hereof) paid by the Contractor for the goods or materials on the direction of the Bank/Architect and the Contract price shall be increased or decreased (as the case may be) by the amount by which the sum in the Bill of Quantities is increased or decreased by such substitution. No variation shall be made to or in respect of any sum added for labours to the prime cost price on account of the said actual price being greater or less than the prime cost price but in respect of other charges and profit there shall be added or deducted as the case may be a sum representing such percentage as is provided in Bill of Quantities in relation to the particular item of prime cost concerned or (if none) as is inserted by the Contractor in the form of Tender as a percentage for the adjustment of prime cost sums. (iii) Use of Provisional and Contingency Items All sums set out in the Bill of Quantities which shall be stated to be provision or for contingencies shall be used only at the direction and discretion of the Bank/Architect and if not used either wholly or in part shall as to the amount will be paid on production of vouchers supporting the expenses. (iv) Production of Vouchers etc The Contractor shall when required by the Bank/Architect produce all quotations invoices, vouchers and accounts or receipts in connection with expenditure in respect of provision or prime cost items. (v) Assignment of Sub-Contractors: In the event of a nominated Sub-Contractor (as hereinafter defined) having undertaken towards the Contractor in respect of the work executed or the goods or materials supplied by such nominated Sub-Contractor any continuing obligation extending for a period exceeding that of the Period of Maintenance under this Contract the Contractor shall at any time after the expiration of the period of Maintenance assign to the Bank and cost the benefit of such obligation for the unexpired duration thereof.

50 Payments (i) Running Account Bill shall be prepared and submitted to the Bank with recommendation of Architect with copy of Measurement book / Measurement sheet duly signed by the Contractor‟s representative subject to minimum value for Running Account Bill as stated in the Appendix to Form of Tender. The bills must be duly accompanied by detailed measurements in support of the quantities of work done and must show deductions for all previous payments, Retention money, Income Tax, Sales Tax etc.

The Bank will have the discretion to amend the Certificate of Architects if found necessary and the Contractor shall be entitled for payment thereof, within the period specified as under.

All the interim payments against Running Account bills shall be regarded payments by way of advance against the final payment only and not as payments for work actually done and completed and shall not preclude the requiring of bad, unsound, and imperfect or unskilled work to be removed and taken away and reconstructed, or re-erected or be considered as an admission of the due performance of the Contract, or any part thereof in any respect or the accruing of any claim, nor shall, it conclude, determine or affect in any way the power of the Bank under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The Bank shall make payment within 15 days from the date of receipt of the request from the contractor for payment of the Running Account Bills and within one month from virtual completion of the work for the Final Bill. The contractor will give a request to Bank/Architects for payment.




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Final Payment Payments of Final bill shall be made after deduction of Retention Money as specified which sum shall be refunded on expiry of the Defects Liability Period after rectifying all defects to the satisfaction of the Bank/Bank/Architects. The acceptance of payment of the final bill by the Contractor would indicate that he would have no further claim in respect of the work executed. (ii) Release of Retention Money The retention money along with EMD will be released only after the Defect liability period (period of maintenance) SIX MONTHS and on furnishing a certificate to extent from the Bank notwithstanding that by such time there may be outstanding claims by the Contractor against the Bank. Provided always that if at such time there shall remain to be executed by the Contractor any work ordered during such period pursuant to Clause 42 hereof the Bank shall be entitled to withhold payment until the completion of such work of so much of the second half of the retention money as shall in the opinion of the Bank/Architects represent the cost of the work so remaining to be executed. Provided further in the event of different maintenance periods having become applicable to different parts of the work the expression “expiration of the period of maintenance” shall for the purposes of this sub-clause be deemed to mean the expiration of the latest of such periods. (iii) Terms of payment The Bank shall pay to the Contractor as per the terms of payment mentioned in Special Conditions of Contract.

51 Approval only by Maintenance Certificate No Certificate other than the Maintenance Certificate referred to in Clause 52 hereof shall be deemed to constitute approval of any work or other matter in respect of which it is issued or shall be taken as an admission of the due performance of the Contract or of additional or varied work have been ordered by the Bank /Architect nor shall any other certificate conclude or prejudice any of the powers of the Bank/Architect.

52 Maintenance Certificate (i) The Contract shall not be considered as completed until a Maintenance Certificate shall have been signed by the Bank/ Bank‟s Architect stating that the work have been completed and maintained to his satisfaction. The Maintenance Certificate shall be given by the Bank/Architect after the expiration of the Period of Maintenance (or if different Periods of Maintenance shall become applicable to different parts of the work the expiration of the latest such period) or as soon thereafter as any work ordered during such period pursuant to clause 42 hereof shall have been completed to the satisfaction of the Bank/Architect and full effect shall be given to this Clause notwithstanding any previous entry on the Work or the taking possession working or using thereof or any part thereof by the Bank. (ii) Cessation of Bank‟s Liability The Bank shall not be liable to Contractor for any matter or thing arising out of or in connection with the contract or the execution of the work unless the Contractor shall have made a claim in writing in respect thereof before the giving of the Maintenance certificate under this clause. (iii) Unfulfilled Obligations Notwithstanding the issue of the Maintenance Certificate the Contractor and (subject to sub-clause (ii) of this clause) the Bank shall remain liable for the fulfillments of any obligation incurred under the provisions of the contract prior to the issue of the Maintenance Certificate which remain unperformed at the time such certificate is issued and for the purposes of determining the nature and extent of any such obligation the Contract shall be deemed to remain in force between the parties hereto.




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53 Determination of Contract by Bank

If the Contract or (Being an individual or a firm) commit any “Act of Insolvency” or shall be adjudged an insolvent or shall make an assignment or composition of the greater part in number of amount of his creditors or shall enter in to a deed of assignment with his creditors, or (being an incorporated Company) shall have an order made against him or pass an effective Resolution for winding up either compulsorily or subject to the supervision of the Court or Voluntarily, or if the Official Assignee of the Contractor shall repudiate the contract, or if the Official Assignee or the Liquidator in any such winding up shall be unable within 7 days after notice to him requiring him to do so, to show to the reasonable satisfaction of the Bank/ Bank‟s Architect that he is able to carry out and fulfill the contract and if required by the Bank/Bank‟s Architect to give the security therefore, or/if the Contractor (whether an individual firm or incorporated company) shall suffer execution to be issued or if the Contractor shall suffer any payment under this Contract to be attached by or on behalf of any of the Creditors of the Contractor, or if the Contractor shall assign or sublet the contract without the consent in writing or the Bank/Bank‟s Architect first obtained, or if the Bank/Bank‟s Architect shall certify in writing of that in his opinion the Contractor: a) Has abandoned the Contract, or b) Has failed to commence the work, or has without any lawful excuse under

these conditions suspended the progress of the work for 14 days after receiving from the Bank/ Bank‟s Architect written notice to proceed, or

c) Has failed to proceed with the work with such due diligence and failed to make such due progress as would enable the work to be completed with the time agreed upon, or

d) Has failed to remove the materials from the site or to pull down and replace work within 7 days after receiving from the Bank/ Bank‟s Architect a written notice that the said materials or work were condemned or rejected by the Bank/Bank‟s Architect under those conditions, or

e) 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 the Contractor for 7 days after written notice shall have been given to the Contractors requiring the Contractor to observe or perform the same, or

f) Has to determine of good workmanship or in defiance of the Bank/Bank‟s Architect instructions to the contrary sublet any part of the Contract.

54 Termination of Contract

(i) Then and in any of the said clauses the Bank notwithstanding any previous wavier after giving 7 days notice in writing to the Contractors, determine the contract, but without thereby affecting the powers of the Bank/ Bank‟s Architect or the obligation and liabilities of the Contractor, the whole of which shall continue to be in force as fully as if the contractor has not been so determined and as if the work subsequently executed had been executed by or on behalf of the Contractor. And further the Bank with the consent of the Bank/ Bank‟s Architect, his Agents or Servants may enter upon and take possession of the work.

(ii) Valuation of Date of Expulsion / Termination of Contract The Bank/ Bank‟s Architect shall as soon as may be practicable after any such entry and expulsion of the contractor fix and determine ex-parties or by or after reference to the parties or after such investigation or enquires as they may think fit to make or institute and shall certify what amount (if any) had at the time of such entry and expulsion has reasonably earned by or would reasonably accrue to the contractor in respect of work then actually done by them under the contract an what was the value of any of the said unused or partially used materials any constructional plant and any Temporary work.




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iii) Payment after Expulsion / Termination of Contract If the Bank shall enter and expel the contractor under this clause they shall not be liable in any manner whatsoever to the Contractor. The Bank further shall not be liable to pay to the contractor any money on account of the contract until the expiration of the period of Maintenance and thereafter until the costs of completion and maintenance, damages for delay in completion (if any) and all other expenses incurred by the Bank have been ascertained and the amount thereof certified by the Bank/ Bank‟s Architect. The Contractor shall then be entitled to receive only such sum or sums (if any) as the Bank/Architect may certify would have been due to him upon due completion by him after deducting the said amount. But if such amount shall exceed the sum which would have been payable to the Contractor on due completion by him then the Contractor shall upon demand pay to the Bank the amount of such excess and it shall be deemed a debt due by the Contractor to the Bank and shall be recoverable accordingly. iv) Assignment of Benefits of Agreement If so required by the Bank/ Architect the Contractor shall before the expiration of the notice referred to in sub-clause (i) of this clause assign to the Bank without payment the benefit of any agreement which the Contractor has entered into for the supply of any materials and or for the execution of any work for the purpose of the Contract but on the terms the supplier or Sub-contractor shall be entitled to make any reasonable objection to any further assignment thereof by the Bank and the Bank may pay the supplier or sub contractor for any such materials supplied and delivered to the site or work executed under sign agreement ( where the same be assigned as aforesaid or not) before or after the giving of the notice the amount due by such agreement in so far as the supplier or Sub contractor or by the Bank to the Contractor. The Bank‟s right under this sub-clause are in addition to his rights to pay nominated Sub-Contractor/supplier may be made out of any retention money or any other money due to the contractor if any in the hands of the Bank.

55. DETERMINATION OF CONTRACT DUE TO ABANDONMENT OR REDUCTION OF

SCOPE OF WORK

If at any time after the acceptance of the tender, the Bank, shall for any reasons whatsoever not require the whole or any part of the work to be carried out, the Bank/ Bank‟s Architect shall give notice in writing in the Contractor who shall have no claim to any payment of compensation or otherwise whatsoever on account of any profit or advantage which he might have derived from the execution of the whole of the work. a) The contractor shall be paid at contract rates for the full amount of work

executed. b) Where the contractor desires to retain the surplus of approved materials

supplied by the Bank, the cost incurred by Bank to be reimbursed and the cost of handling and cartage charges for removal from the site to be borne by contractor.

c) If upon the determination of the contract under this condition of the contractor is of opinion that he has suffered hardship by the reason of the operation of this condition, he may refer the circumstances to the Bank/ Bank‟s Architect, who, on being satisfied make such allowance, if any as in his opinion is reasonable, and his decision shall be final and conclusive. The Bank/ Bank‟s Architect shall admit only such of the above claims as are deemed reasonable, and supported by vouchers.

d) Bank / Bank‟ s Architect shall have the power to omit or cancel, add / or alter any item of work with out assigning any reason whatsoever and no claim for compensation for damage will be entertained for such omissions, alterations, additions and cancellations other than taking into account the cost involved for such changes to be plus or minus, and the cost shall be arrived at by the Bank / Bank‟s Architect taking into consideration the market rates, site conditions etc.




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56. SPECIAL RISKS i) Notwithstanding anything in the contract contained.

If the work or Temporary work or any material (whether for the former or the latter) on or near or in transit to the Site shall sustain destruction or damage by reason of any of the said special risks the contractor shall nevertheless be entitled to payment for any permanent work and for any materials so destroyed or damaged and the contractor shall be entitled to be paid by the Bank the cost of making good any such destruction or damage to the work and of replacing or making good such materials so far as may be required by the Bank/ Bank‟s Architect or as may be necessary for the completion of the work on a prime costs basis plus such profit as the Bank/Bank‟s Architect may certify to be reasonable.

ii) Projectile Missile etc. Destruction damage injury or loss of life caused by the explosion or impact whenever and wherever occurring of any mine, bomb, shell, grenade or other projectile missile ammunition or explosive shall be deemed to be consequences of the said special risks and the Bank shall indemnify and save harmless the contractor against and from the same and against from all claims demands proceeding damages costs charge and expenses whatsoever arising there out or in connection therewith and shall compensate the contractor for any loss of or damage to property of the Contractor used or intended to be used for the purpose of the work (including the property in transit to the site) and occasioned either directly or indirectly by said Special Risks.

iii) Increased cost arising from Special Risks The Bank shall repay to the Contractor any increased cost or incidental to the execution of the work (other than such as may be attributable to the cost of reconstructing work condemned under the provision of special risks) which is howsoever attributable to or consequent on or the result of or in any way whatsoever connected with the said special risks (subject however to the provisions in this clause hereinafter contained in regard to outbreak of war) but the contractor shall as soon as any such increase of cost shall come to his knowledge forthwith notify the Bank/ Architect thereof in writing.

iv) Outbreak of the War If during the currency of the contract there shall be an outbreak of war (whether war is declared or not) which shall unless and until the contract is terminated under the provision contained in this clause use his best endeavors to complete the execution of the work provided always that the Bank shall be entitled at any time after such outbreak of war to terminate this contract by giving notice in writing to the contractor and upon such notice being given this contract shall (save as to the rights of the parties under this clause and to the operation of clause 59 hereof) terminate but without prejudice to the rights of either party in respect of any ante decent breach thereof.

v) Removal of Plant on Termination If the contract shall be terminated under the provision of the last preceding sub-clause the contractor shall with all reasonable dispatch remove from the site all constructional Plant and shall give similar facilities to his Sub-Contractor to do so.

vi) Payment if Contract Terminated If the Contract shall be terminated as aforesaid the contractor shall be paid by the Bank (in so far as such amounts or items shall not have already been covered by payments on account made to the contractor) for all work executed prior to the date of termination of the rates and prices provided in the contract and in addition:




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a) The amounts payable in respect of any preliminary items so far as the work or services comprised therein has been carried out or performed and a proper proportion as certified by the Bank/Architect of any such items of the work or services comprised out or performed. b) The cost of materials or goods reasonably ordered or the work or Temporary work that shall have been delivered to the contractor or of which the Contractor is legally liable to accept delivery (such materials or goods becoming the property of the Bank upon such payment being made by him). c) A sum to be certified by the Bank/ Bank‟s Architect being the amount of any expenditure reasonably incurred by the Contractor in the expectation of completing whole of the work in so far as such expenditure shall not have been covered by the payments in this sub – clause before mentioned. d) Any additional sum payable under the Provision of the sub-clause (i), (ii), and (iv) of this clause. e) The reasonable cost of removal under the sub clause (vi) of this clause and (if required by the contractor) return thereof to the Contractors main plant yard or to any destination at no greatest cost. f) The reasonable cost of repatriation of all the Contractor‟s staff and workmen employed on or in connection with the work at the time of such termination. Provided always that against any payments due from the Bank shall be entitled to be credited with any outstanding balances due from the contractors for advances in respect of plant and materials and any some previously paid by the Bank to the contractor in respect of execution of the work and any other sum due and payable hereunder on any account by the contractor to the employee.

57. PAYMENT IN EVENT OF FRUSTRATION

In the event of contract being frustrated whether by war or otherwise however the sum payable by the bank to the contractor in the respect of the work executed shall be the same as that which would have been payable under clause above hereof if the Contractor had been terminated under the provisions of clause 53 hereof.

58 DISPUTES BE FINALLY DETERMINED BY BANK / BANK‟S ARCHITECT The instruction, decision, opinion, direction, certificate, or valuation, with respect of or any of the matters under Clauses above (which matters are herein referred to as expected matters) of the Bank/ Bank‟s Architect shall be final and conclusive and binding on 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 the same shall, be referred to the Bank.

59 Settlement of Disputes by Arbitration All disputes of differences of any kind whatsoever which shall at time arise between the parties hereto touching or concerning the works or the execution or maintenance thereof this contract, the same shall be placed before the single Arbitrator, for the time being named as CGM (Premises) or any official of his level in the Bank and his decision will be final and binding on all the parties.

Appointing authority

The award of the Arbitrator shall be final and binding on both the parties.

It is also a term of the contract that if contractor(s) do / does not make any demand for arbitration in respect of any claim (s) within 30 days of receiving intimation from the Bank / Architect that the bill after due verification is passed for payment of a lesser amount, or otherwise, the contractor‟s right under this agreement to refer to arbitration shall be deemed




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to have been forfeited and the Bank / Architect shall be relieved and discharged of their liability under this agreement in respect of such claim(s). Further it is agreed that for the purpose of this clause, such notice is deemed to have been received by the contractor (s) within two days of posting of the letter by the Bank / Architect or when delivered by hand immediately after receipt thereof by the contractor(s) which ever is earlier. Further, a letter signed by the officials of the Bank / Architect that the letter was so posted to the contractor(s) shall be conclusive.

60 SERVING OF NOTICES

i) Serving of Notices on Contractor Any notice to be given to the contractor under the terms of the contract shall be served by sending the same by registered post to or leaving the same at the Contractor‟s principal place of business (or in the event of the Contract being company to or at its registered office) ii) Serving of Notices on Bank Any notice to be given to the Bank under the terms of the contract shall be served by sending the same by registered post to or leaving the same at IDBI BANK Ltd., Dy. General Manager (FIMD), IDBI Bank Ltd., No:115, Anna Salai, Post Bag No: 805, Chennai - 600 015. (or to The Head (FIMD), IDBI BANK Ltd, IDBI Tower, WTC Complex, Cuffe Parade, Mumbai – 400 005).

61 CONTRACT PRICE NOT SUBJECT TO VARIATION

As specifically provided elsewhere on the condition of contract the contract rates shall not be adjusted in respect of any increases or decreases of cost to the contractor in carrying out the work by reason of alteration in the rates of wages and allowances payable to labour or change in the condition of the employment thereof or change in the cost of materials (whether for the permanent or temporary work) consumable stores, fuel and power or variations in the rates of the freight and insurance or in the incidence of or rates of landing charges or the operation of any law or statute or variation in the cost of any other matter or thing of whatsoever nature subsequent to the date of tender.

62 Excise, Sales taxes, Work Contract Tax, VAT, etc The contractor shall pay and be responsible for payment of all taxes, duties, levies, fees or charges in the respect of the work including but not or the Contract. All of the aforesaid taxes, duties, levies, fees and charges shall be to the Contractor‟s account and Bank shall not be required to pay any addition or extra amount on this account. Variation of taxes, duties, levies, fees etc. if any till completion of work and no extra claim on this account will in any case be entertained. The VAT has to be remitted by the Contractor and certificate / receipt of the same to be submitted within one month of releasing the final bill. The retention amount will not be released if the same is not submitted.

63 Taxes (i)The Contractor will be required to pay all taxes levied by the Central and/or State Governments on such part of his profit in respect of the Contract as is chargeable therewith under the laws for the time being in force and no claim on this account will in any case be entertained. (ii)Income Tax Payable by Staff The Contractor‟s staff will be liable to pay all taxes levied by the Central and/or State Governments on such of their salaries as are chargeable therewith under the laws for the time being in force and the Contractor shall perform such duties in regards to the deduction thereof as may be lawfully imposed on him.




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64 CONTRACT SUPERSEEDS PREVIOUS DOCUMENTS The Contractor shall have no right to any increase in the rates in the Bill of Quantities nor any other right whatsoever by reason of any representative‟s explanation or statement given or to be given or by reason of any information, promise or guarantee given or alleged to have been given to him by any person (whether representative of the Bank / Bank‟s Architect ) before the date of the contract it being understood that the contract embodies the whole arrangements between the parties with references to the contract hereby constituted and all previous correspondence, negotiations, representations, explanations, statements, promises or guarantees whether oral or written shall be excluded.

65 INDIAN CONTRACT The contract shall deemed to be governed by the laws of India including any such law passed or made or coming into force during the Contract.

66 LABOUR LAWS The contractor shall observe and strictly adhere to all prevailing labour laws inclusive of Contract labour (Abolition and Regulation act of 1970 and other safety regulations)

67 CVC CLAUSE If it shall appear to the Bank or to the Chief Technical Examiner, Central Vigilance Commission, Govt. of India at any time during the construction or prior to the expiration of the maintenance period or on a later date that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of any inferior description or that any materials or articles provided by him for the execution of the work are unsound or of a quality inferior to that contracted for, or not otherwise in accordance with the contract, the contractor shall, on demand in writing from the Bank specifying the work, fault, materials or articles complained of, notwithstanding that the same may have been passed certified and paid for, forthwith rectify or remove and reconstruct the work so specified in whole or in part, as the case may require or as the case may be, remove the materials or articles so specified and provide other proper and suitable materials or articles so specified and provide other proper articles at his own expenses, charges and costs; and the event of his failing to do so within a period to be specified by the Bank in his demand aforesaid, the Bank may carry out the work by other means at the risk and expenses in all respects of the contractor. The contract shall be liable to pay compensation at the rate of one percent of the estimated amount put to tender for every day not exceeding ten days, apart from the expenses incurred by the Bank in rectifying or removing and re-executing the work and removing and replacing with the materials or articles complained of as the case may be. All work under or in course of execution or executed in pursuance of the contract shall at all times be open to the inspection and supervision of the Bank as well as the Architects and that authorized subordinates and the contractor shall at all times during the usual working hours and at all other time at which reasonable notice of the intension of the Bank or their authorized subordinate to visit the work shall have been given to the contractor, either himself be present or receive order or instructions or have a responsible agent duly accredited in writing present for that purpose. Orders given to the contractor‟s agent shall be considered to have the same force as if they had been given to the contractor himself. The Chief Technical Examiner on behalf of the Bank can also inspect the work during its progress.




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Bank shall have right to cause an audit and technical examination of the work and the final bills of the contractor including all supporting vouchers, abstract etc to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been overpaid in respect of any work by the contractor under the contract claimed by him to have been done by him and found not have been executed, the Contractor shall be liable to refund the amount of over payment and it shall be lawful for the Bank to recover the same from him in the manner as prescribed or in any other manner legally permissible ; and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, amount of such under payment shall be duly paid by the Bank to the contractor. Provided that the Bank shall not be entitled to recover any sum overpaid nor the contractor shall be entitled to payment of any sum paid short where such payment has been agreed upon between the Bank on one hand the contractor on the other, under any term of the contract permitting payment for work after assessment by the Bank.

68 URGENT REPAIRS If by reason of any accident or failure or other event occurring to in or in connection with the work or any part thereof either during the execution of the work or during the Period of maintenance any remedial or other work or repair shall in the opinion of the Bank/ Bank‟s Architect be urgently necessary for security and the contractor is unable or unwilling at once to do such work or repair, the Bank may use his own or other workman do such work or repair as the Bank/Architect may consider necessary. If the work or repair so done by the Bank is work which in the opinion of the Bank/Architect the contractor was liable to do at his own expenses under the contract, all costs and charges properly incurred by the Bank in so doing shall on demand be paid by the contractor to the Bank or may be deducted by the bank from any monies due or which may become due to the contractor. Provided always that the Bank/Architect shall as soon as after the occurrence of any emergency as may be reasonably practicable notify the contractor thereof in writing.

I / We hereby declare that I/We have read and understood the terms and conditions and that I / We shall abide by them if the work is awarded to us. Place:- Date:-




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VII. SPECIAL CONDITIONS OF CONTRACT

CLAUSE NO: DESCRIPTION

1 SCOPE OF WORK

2 SITE CONDITIONS

3 DIMENSIONS AND LEVELS

4 PROGRAMME OF WORK AND METHOD OF CONSTRUCTION

5 ASSISTANCE FOR BANK / ARCHITECT / REPRESENTATIVE

6 CONSTRUCTION RECORDS

7 SAFETY OF ADJACENT STRUCTURES AND TREES

8 POWER, WATER AND OTHER FACILITIES

9 POWER SUPPLY BY BANK

10 PROCUREMENT OF MATERIALS

11 BANK‟S SUPPLY OF MATERIALS

12 TEMPORARY SERVICES

13 UNAUTHORIZED PERSONS

14 KEEPING SITE CLEAN AND REMOVAL OF DEBRIS

15 OFFICE ACCOMMODATION FOR CONTRACTOR, BANK‟S / ARCHITECT‟S REPRESENTATIVE

16 LIGHTING FOR WORK

17 SITE INSTRUCTION BOOK

18 PROGRESS REPORT

19 SITE MEETINGS

20 NOTICE TO LOCAL BODIES

21 CONTRACTOR TO VERIFY SITE MEASUREMENTS

22 CHARGES FOR WATER

23 CONTRACT RATES

24 TIME OF COMPLETION AND PROGRESS OF WORK

25 STATUTORY OBLIGATION, NOTICES, FEES AND CHARGES

26 MATERIALS AND WORKMANSHIP TO BE BEST OF RESPECTIVE KIND

27 SAMPLES

28 SHOP DRAWINGS

29 AS BUILT DRAWINGS

30 SPECIALIST SUB-CONTRACTOR

31 INSPECTION BY CHIEF TECHNICAL EXAMINER (VIGILANCE)

32 PHOTOGRAPHS OF WORK CARRIED OUT

33 APPROVED MAKES

34 DISMISSAL OF UNDESIRABLE PERSONS

35 ACCESS TO THE WORK

36 SUPERVISING OFFICER‟S INSTRUCTIONS

37 LIQUIDATED DAMAGES

38 OCCUPATION OF PARTIALLY COMPLETED WORK BY BANK

39 TERMINATION

40 ADVANCE PAYABLE TO CONTRACTOR

41 MINIMUM WAGES

42 ISSUE OF EXTRA CONSTRUCTION DRAWINGS

43 ESCALATION

44 EXCISE DUTIES, LEVIES, VAT ETC.

45 IDLE LABOUR

46 METHOD OF MEAUREMENT

47 GUARANTEE FOR SPECIALIZED WORK

48 INCOME TAX, SALES TAX ON WORK CONTRACT

49 FINAL BILL / FINAL BILL SETTLEMENT

50 EARNEST MONEY AND SECURITY DEPOSIT / RETENTION MONEY




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SPECIAL CONDITIONS OF CONTRACT

1. Scope of Work

The Scope of work shall include “Supply, cutting, fabrication & erecting of structural truss structure in place & proper alignment, complete with covering & fixing color coated Galvalume sheet with required ridges, gutter, UPVC rain water down-take pipe and all associate accessories; over the existing R.C.C terrace of IDBI Bank’s office premises at Panampilly Nagar, Cochin, Kerala” as per the BOQ and specifications attached along with this document. The details of work are contained in the enclosed Drawings, Specification and Bill of Quantities.

2. Site Condition

The work site is on the Terrace-floor of Bank’s existing three-storied office building at Panampilly Nagar, Cochin, Kerala. All the other floors are occupied/working office. Utmost care shall be taken to ensure that the occupants of the building/ other floors are least inconvenienced. The working site needs to be covered with temporary arrangements so that other occupants are not disturbed. The works have to be completed within the scheduled time. If the site is a working office, the works have to be carried out before and after office hours in co-ordination with the Head of the unit. No separate payments will be made for doing work in night hours. In the event of work being executed on holidays and during or beyond normal office working hours which might be required for the completion of the works within the stipulated time, utmost care should be taken not to disturb the normal working of the office, neighboring offices/ dwellings if such a situation exists and it will be the contractors responsibility to ensure that the work is carried out without inviting any complaints from the neighbours. In this case of work, while executing the work, considerable amount of shifting and re-shifting of several furniture items are likely to be involved. It is also likely that some of the items may be required to be temporarily shifted elsewhere in the premises on any other floors. The Contractor as directed by Bank, shall do this and no payment against these works will be separately paid for.

3. Dimensions and Levels

The Contractor on the site shall verify all dimensions and level shown on the Drawings and he will be responsible for the accuracy and maintenance of all dimensions and levels. Figured dimensions are in all cases to be accepted and no dimension shall be scaled. Large-scale details shall take precedence over small-scale drawing. In case of discrepancy the contractor shall ask for clarification from the Bank‟s or Architect‟s Representative before proceeding with the work.

4. Programme of Work & Method Of Construction The Contractor shall submit to the Bank/ Architect‟s Representatives before the commencement of the work, for his approval all the information relating to programme of the construction.

5. Assistance for Bank‟s/ Architect‟s Representative

The Contractor shall provide to the Bank/Bank‟s Architect at all times during the Contract including Maintenance Period a competent Bank/ Architectural Staff and/or




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all such other men as he may require in assist him in recording or checking any measurements, levels, setting out or measuring up of work. The Contractor is also to provide ladders, gangways, etc. and the necessary attendance to move and adopt as directed for inspection or measurement of the work by the Bank/ Architect‟s Representatives.

6. Construction Records

The Contractor shall keep and supply to the Bank / Architect‟s Representative full and accurate records of the dimensions and positions of all new work and any other information necessary for the Bank/ Architect‟s Representative to be able to prepare complete drawing recording details of the work as constructed.

7. Safety of Adjacent Structures and Trees

The Contract shall provide and erect to the approval of the Bank/ Architect representatives such supports as may be as required to protect efficiently all structures which may be endangered by the execution of the work or otherwise take such permanent measures as may be required by the Bank / Architect‟s Representatives to protect the structures and trees.

8. Power, Water and other facilities

The Contractor shall be responsible to provide within the scope of work all facilities necessary for the performance of the work including (but not limit to) water, electrical power through generator, transportation, labour tools, construction and testing equipment and machinery, borrow areas, access roads and right(s) of way to or about the job site(s) and or borrow area. The owner does not warranty or undertake the provision of any facility aforesaid or otherwise whatever to the contractor, or assistance in obtaining/procuring the same or other assistance whatever for or in the performance or testing of the work and Contractor shall not imply by conduct, expression or assurance or by any other means, any promise or obligation on the part of the owner contrary to the provision hereof and any such promise or obligation understood by the contractor shall not be binding upon the owner. Any assistance which the owner renders to the Contractor in terms hereof or otherwise relative to the work by provision of any facility, water, power etc. as above shall not for any cause afford a basis or defense to the contractor or for any of his obligation under the contract nor ground for extension of time for completion.

9. Power Supply by Bank Without prejudice to the provision of Clause below hereof and following clause there under, as and when adequate power supply becomes available for the site, Bank may at his discretion provide supply of power to the Contractor for the work from the nearest sub-station, from which source the contractor shall at his own cost and initiative make arrangement for temporary distribution of power to Contractor‟s work(s) at the site. All arrangements for the distribution of power from sources aforesaid and the work relative thereto shall be made /performed /installed in conformity with Indian Electricity Regulation, and shall be subject to prior approval by the Bank/ Bank‟s Architect. The Contractor shall at his own costs and initiatives on completion or prior determination of the work or otherwise during execution of the work, if required by the Bank/ Bank‟s Architect because of hindrance caused thereby or for any other cause,




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forthwith remove or re-route the distribution lines/installations/work or parts(s) thereof as the case may be, required to be removed / rerouted. The Bank shall not charge from Contractor for power consumed by the contractor from Bank‟s source(s) of supply.

10. Procurement of materials

All materials brought to the site should be new. The whole of the materials / fittings / equipments employed in connection with the permanent work shall be new and of the best quality and description of their respective kinds and to the approval of the Bank / Architects. The contractor shall be responsible to ensure that the material used is suited to the specific conditions including the climatic and environmental conditions prevailing at the site.

Any proprietary material shall be of approved make and the type as stipulated. Lists of approved makes are given at the end of this document. It will be deemed that the contractor has priced the respective items on the basis of those approved makes. However, it shall be the prerogative of the Bank / Architect to choose any particular make among the list as the most appropriate one and the contractor shall be bound to provide the same without any variation in the contract rate.

The Bank /Architect shall be kept informed as to the progress of all works being carried out or materials being manufactured / procured / prepared / supplied so that they may be able to make such arrangements for inspection, testing and analysis as he may desire. Wherever considered desirable by the Bank / Architects / representative will be sent to the contractor‟s / sub – contractor‟s and /or manufacturer‟s premises to test the materials or inspect their manufacture. The contractor shall attend to the Bank / Architect or representative during such inspection to be carried out satisfactorily. Should the Bank / Architect decide not to send a representative to the said premises, the contractor shall obtain from the manufacturer‟s, certificate of test, proof sheets, mill sheets, showing that the materials have been tested satisfactory in accordance with the requirements of the specification relating there to, but neither omission of the consultant to send and inspector nor the production of manufacturer‟s certificates of test shall affect the liberty of the consultant to reject after delivery of any material found not to be suitable or not in accordance with the specifications.

11. Bank‟s supply of materials

The Bank has the right to supply any / all materials required for the project. The cost of the same will be deducted from the final bill / running bills / to be paid by the contractor directly to the company / manufacturer / supplier. All materials, thus supplied at site will be at the possession and responsibility of the contractor for which necessary watch and ward to be provided at site by the contractor at his cost and shall to indemnify the Bank against theft, damage to the property etc. The contractor shall make good the loss/ damage if any at his expense.

Temporary Services

The Contractor shall provide and maintain all temporary services on or about the site required for the execution of the work and shall remove them on completion

Unauthorized Persons

The name of the deputed representative of contractor for supervising works should be informed to the Bank. The contractor shall not, with out written consent of the Bank / Bank‟s Architect, change the deputed representative at the site. No unauthorized




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persons are to be allowed to the site. The Contractor shall instruct all such persons to keep and shall take steps to prevent trespass.

Keeping Site Clean and Removal of debris

During the progress of the work and when directed by the Bank/ Architect‟s Representatives the Contractor shall keep the site clear of all rubbish and debris including that which may be deposited on the site by any sub-contractors until the date of issue of certificate of completion. The cost of keeping the site clean shall be deemed to have been included for in the rates. After every day‟s work the contractor shall remove all debris and unusable waste materials from and around the site and leave the works in as clean and spic and span conditions as the circumstances could allow. On completion of the work, the contractor shall at his own expense clear away and remove from the site not later than 7 days from the date of completion of work all constructional plant, surplus material, rubbish and temporary work of every kind and leave the entire site and work clean and in a workmanlike condition to the satisfaction of the Bank and the Bank/Architect/ its Representatives.

Accommodation for Workers

The Contractor shall provide/arrange necessary accommodation for their workers at their own cost and not in the site. Non-provision of accommodation should not be cited as a reason for delay in completion of the work.

Lighting for work The contractor shall at all times provide approved lighting as required for the proper execution and supervision of the work.

Site Instruction Book

The Bank‟s/ Architect‟s Representatives shall keep site instruction book with triplicate pages, on the site in which his or authorized officer‟s remarks, instructions, decisions and other essentials details, of the work shall be recorded. The contractor shall regularly note the contents of this book and initially it signifying his having done so and take immediate action on the same. A copy of the instruction shall be made available to the Contractor immediately.

Progress Report

The Contractor shall submit weekly progress reports to the Bank/ Bank‟s / Architects Representatives in a form as required by him which shall also include progress photographs of the work, arranged at contractors cost.

Site meetings

Before starting of works at site, the contractor has to inform the Bank and Bank‟s Architect about his readiness to start the work and fix up a date for site meeting. All the Sub contractors / supervisors, supplier‟s representative should be present for the site meeting to discuss in detail about the actual site condition to draw the scheme plan for completion of project in scheduled time. Every week the contractor has to conduct site meeting in presence of Bank / Architect / representative or along with sub contractors to ascertain the progress / speed of the project and re-plan if necessary the schedules to complete the works in stipulated time. The report of the same to be send to Bank and Bank‟s Architect on every Saturday so as to reach them on Monday.




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Notice to Local Bodies and attending of local labour issues The Contractor shall acquaint himself with the site conditions, local traffic regulations, local authority regulation, labour union practices etc. before supplying of raw materials to the respective site and no claim with regard for expenditure incurred for not adhering to the same will be entertained.

Contractor to verify Site measurements The Contractor shall check and verify all the site measurements whenever requested by Bank / Bank‟s Architect or by nominated or other sub contractor to enable them to prepare their own shop drawings and pass on the information, with sufficient promptness as will not in any way delay the work. A copy of all such information passed on shall be given to the Bank‟s/ Architect‟s Representatives.

Charges for Water

The Bank shall not charge the Contractor‟s for the water consumed by them if water connection is available at site. If water connection is not available at site, the contractor has to make his own arrangements at his cost for providing water at site for construction activities and the workers at site.

Contract Rates

The Contract rates and prices shall be deemed to include all labour, materials, use of plant tools, temporary work and buildings, etc insurance, Octroi, sales tax, VAT, local taxes including tax on work contract and duties, establishment charges, overhead, profit, supervision, transport, sampling, testing, shop drawing and other charges and every expense incurred in the proper and due execution, completion and maintenance of the work, and shall be in full satisfaction and discharge of every obligation imposed upon him by the contract and nothing extra shall be payable unless so specifically stated in this contract.

Time of completion & Progress of work

Subject to any requirement in the specification as to completion of any portion of the work before completion of the whole of the work shall be completed within the time stated in appendix calculated from the date of Bank/Bank‟s Architect written order to commence the work or such extended time as may be allowed under clause given in General Conditions of Contract thereof.

Statutory Obligation, Notices, Fees and Charges

1 a) The Contractor shall comply with and give all notices required by, by

any act, any instrument rule or order made under any act or any regulation or byelaws of any local authority or of any agency which has any jurisdiction with regard to the work or with whose systems the same are or will be connected (all requirements to be so complied with being referred to in these conditions as the statutory requirements). b) If the contractor shall find any divergences between statutory requirements and all or any of the contract documents or any variation instruction issued in accordance with these Conditions, he shall immediately give to the Bank/ Bank‟s Architect a written notice specifying the divergence. c) If the Contractor gives notice under paragraph (b) of this sub-clause or if Bank/ Architect/ shall otherwise discover or receive notice of a divergence between the statutory requirements and all or any of the contract documents or any variation, instruction in accordance with this conditions, Bank/ Architect/ shall within 7 days of discovery or on receipt of a notice




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issue instruction require the work to be varied, they shall be deemed to be Bank/ Architect's instructions issued in accordance with these conditions. d) i) If in any emergency compliance with paragraph (a) of this

sub-clause the contractor shall supply such limited materials and execute such limited work as are reasonably necessary to secure the statutory requirements. ii) The contractor shall forthwith inform the Bank/ Bank‟s Architect of the emergency and of the steps that he is taking under this paragraph of these conditions. iii) Work executed and materials supplied by the Contractor under sub-paragraph (i) of this paragraph shall be deemed to have been executed and supplied pursuant to an Bank/ Bank‟s Architect instruction in accordance with these conditions provided that the emergency arose because of a divergence between statutory requirements and all or any variations, instructions issued in accordance with these conditions, and the Contractor has complied with sub-paragraph (ii).

e) Provided that the Contractor complies with paragraph (b) of this sub-Clause, the contractor shall not be liable to the Bank under this contract if the work do not comply with statutory requirements from the contractor having carried out work accordance with the documents referred to these conditions or any variation instruction issued in accordance with Clause II (i) of these conditions.

2 The Contractor shall pay and indemnify the Bank against liability in respect of

any fees or charges (including any rates or taxes) legally demandable under any Act, any instrument, rule or order made under Any Act, law or any regulation or bye laws of any local authority or of any statutory or agency in respect of work.

Materials and workmanship to be Best of the Respective kind

1) All materials, goods and workmanship shall as far as procurable be the best

of the respective kinds and with specifications and standards as described in the Contract.

2) The Contractor shall upon the request of the Bank/ Bank‟s Architect or their representative furnish him with documentation to prove that the materials and goods comply with sub-clause (1) of this condition.

3) The Bank/ Bank‟s Architect or their representative may issue instruction requiring the Contract to open up for inspection any work covered up or to arrange for or carry out any test of any materials or goods (whether or not already incorporated in the work) or of any executed work, and the cost of such opening up or testing (together with the cost of making good consequence thereof) shall be added to the Contract price unless provided for in the Contract or unless the inspection or test shows that the work, materials or goods are not in accordance with contract

4) The Bank/ Bank‟s Architect or their representative may issue instructions in regard to the removal from the site of any work, materials or good which are not in accordance this Contract.

5) The contractor shall make the work good or provide the required finish, which has resulted due to removal of the same for testing or verification and no additional cost can be claimed for the same.

Samples

Apart from adhering to any special provision made in the specification regarding submission of samples the contractor shall produce samples to The Bank/ Bank‟s Architect in charge as and when advised by the Bank/Bank‟s Architect along with the




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detailed literature of all materials he proposes to use in the building irrespective of the fact that a specific make/material might have been stipulated. If certain items proposed to be used or such nature that samples cannot be presented or prepared at the site, detailed literature/test certificate of the same shall be provided instead. Before submitting the samples/literature the contractor has to ensure that the same meets with the requirements of the specification. The Bank/ Architect or his representative shall check the samples and give his comments and/or approval to the same. Only when the samples are approved in writing, the contractor shall proceed with the procurement and installation of the same. The approved samples shall be signed by the Bank/architect or his representatives for identification and shall be kept on record at his office until the completion and acceptance of the work and shall be available at the site for inspection/comparison at any time. The Contractor shall keep with him a duplicate of such samples to enable him to process the matter. For items of work where the samples are to be made at the site the same procedure shall be followed. All such samples shall be prepared at a place where it can be left undisturbed until the completion of the project. The bank/ Architect shall give his comments/approval to the samples at his earliest convenience. Any delay that might occur in approving of the samples for reasons of its not meeting with the specification shall be to the account of the Contractor. In this respect the decision of the Bank/Architect will be final. On delivery of the supplies at the site the Contractor shall specifically arrange to get the supply inspected by the Bank/Architect and compared with the approved sample and his specific approval obtained before using the same in the work.

Shop Drawing

The Contractor shall prepare shop drawing for specialist trades such as Sanitary & Plumbing, Electrical conduct layout, False ceiling, Aluminum doors & Windows, removable partitions and any other item as stipulated in the specification and Schedule of quantities and shall incorporate the fabrication details as proposed by the Bank, all the features and exact condition as available at the site of construction, any respect related to coordination with other disciplines and any other details that the Bank/Architect might stipulate by the Contract with their comment/approval. Only after receiving the approval for the shop drawings, the contractor shall proceed with further works. The contractor shall submit these shop drawings to the Bank/ architect sufficiently early considering scrutinize the drawings and get it corrected before further processing by the contractor. Any plea of delay on this aspect by the Contractor shall no be entertained.

As Built Drawing

The Bank/ Architect shall furnish 3 sets of prints and one set of negatives of drawings “as erected” and approved for sanitary/ plumbing installation, Air Conditioning and the electrical, telephone, computer wiring diagram.

Specialist Sub-Contractor

The Contractor shall get all the specialist work such as the Sanitary & Plumbing, False Ceiling, Aluminum Doors; etc executed through approved specialist sub-contractor having requisite experience in particular trade. The list of such specialist sub-contractors the contractor proposes to use shall be submitted with his tender along with details of their experience and on approval by the bank/ Architect the particular sub contractor only shall be appointed for carrying out the work. The Bank/ Architect shall have the right to reject any specialist Contractor proposed in which case the Contractor shall get the work executed by another specialist sub-Contractor




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who meets with the approval of the bank/Architect and no claim by Contractor regarding this aspect shall be entertained.

Inspection by the Chief Technical Examiner (Vigilance)

The proposed work covered under this tender, during its progress or after completion of work, can be inspected by the Chief Technical Examiner/Technical Examiner or by an officer of the vigilance cell of the authority on behalf of the Bank / Architect. Contractor shall afford / provide all reasonable facilities to the above vigilance staff as also provide them with ladders, tapes, plumb bob, level bottle, chisel and hammer etc. as also necessary labour, skilled / unskilled, to complete their inspection / study / technical scrutiny to ascertain that execution of work has been done with materials and workmanship as stipulated in the contractor on this account.

Photograph of works carried out

The contractor has to take necessary photographs at his cost for the progress and completed works, which cannot be directly visible or measurable as proof of works done. The contractor has to take necessary photographs at his cost for the works and other specialized jobs, which cannot be directly visible / measurable as proof of works done and should submit the same to the Bank / Architect. The Bank / Architect may advice the contractor for taking some additional / item specific photographs considering the requirements, which also has to be arranged by the contractor at no extra cost.

Approved makes

The specification provides list of approved makes of some materials specified. The Bank/ Architect has the right to choose any of the approved makes from the lists which according to him is the best and most suitable for the purpose and the contractor shall arrange for this make in the work. The tender price quoted shall cover for this aspect. Only when it is not possible to use any of the approved makes, either due to non-availability in the locality or due to technical reasons, the Contractor shall propose alternatives materials and if found suitable these shall be approved by the Bank/Architect for construction but without any extra cost to the Bank.

Dismissal of Undesirable Persons

The Bank / Architect may (but not unreasonably or veraciously) issue instructions requiring the dismissal from the work of any person employed thereon who is found by him / them to be undesirable.

Access to the work

The Bank / Architect and his nominees shall at all reasonable times have access to the work and to the workshops or other places of the Contractor or his sub-contractors / suppliers where work is to be carried out in workshops or other places of sub Contractor the Contractor shall be a terms in the sub-contract incorporate a similar right of access to those workshops or places for the Bank / Architect / and their nominees and shall do all things reasonably necessary to make such right effective.




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Supervising Officer‟s Instruction

1) The Contractor shall forthwith comply with all instructions issued to him by

the Bank / Bank‟s Architect in regard to any matter in respect of which the Bank / Bank‟s Architect expressly empowered by these conditions to issue instructions. Within seven days after receipt of written notice from the Bank / Bank‟s Architect requiring compliances with an instruction the contractor does not comply therewith, then the Bank may employ and pay other persons to execute any work whatsoever, which may be necessary to give effect to such instruction and all cost incurred in connection with such action shall be recoverable from the contractor by the Bank as a debt or may be deducted by him from any monies due or to become due to the Contractor under this Contract.

2) Upon receipt of what purports to be instruction issued to him by the Bank / Bank‟s Architect, the contractor may request the Bank / Bank‟s Architect to specify in writing the provision of these conditions which empowers the issue of said instruction. The Bank / Bank‟s Architect shall forthwith comply with said instruction, and then the issue of the same shall be deemed for all the purposes of this contract to have been empowered by the provision of the contract specified by the Bank / Bank‟s Architect in answer to the Contractor‟s request.

3) All instruction issued by the Bank / Bank‟s Architect shall be issued in writing. However any instruction issued orally shall be given immediate effect and shall be confirmed in writing by the Bank / Bank‟s Architect thereof within three days.

Liquidated Damages

If the Contractor fails to complete the work within the stipulated period of completion mentioned in Clause above herein, the contractor shall be liable and shall pay to the Bank as per pre-estimated damages at the rate of one and half percent (1.0%) of the final contract price per week or part thereof of delay subject to a maximum of 5% (Five per cent) of the final contract value. In case of the non- completion is limited to certain items/disciplines/section/areas which is not preventing the Bank to occupy and use the building effectively as decided by the Bank/Architect then the damages shall be limited to 5% of the cost of the particular items / discipline / section / subject as indicated before.

Occupation of Partially completed Building / works by the Bank The Bank shall be entitled to and at liberty to occupy even the partially completed building / works or any portion thereof by themselves or through their agents and servants if they so desire.

Termination

In the event of the Contractor failing to complete the work within the stipulated period of the completion as mentioned in the conditions of contrary in the contract, Bank has the right to terminate at any time the contract without being liable in any manner whatsoever to the contractor or get completed the work which have remained incomplete / not done at the time of such termination at the risk and cost of the Contractor as mentioned herein above.

Advance payable to the Contractor

No advance for materials brought in site will be payable by Bank. Bank will be paying 2 Running Bills only for the Project. Minimum value of each Running Bill should be Rs.20 Lakhs. The bill once submitted for the completed part of works will be verified




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and certified by the Architect and only then Running Account Bills will be released. No advance is payable for starting of any job.

Minimum Wages The contractor will have to pay his labour wages as stipulated under the Minimum Wages Act at the rate prevailing during the currency of the contract. The Contract should adhere to all the provision of Contract Labour (Abolition & Regulation) Act, 1970.

Issue of Extra Construction Drawings

Extra prints of drawings for construction to be issued on chargeable basis by Bank / Bank‟s Architect as detailed as hereunder: A0 Size :- Rs.50.00 each A1 Size :- Rs.35.00 each A2 Size :- Rs.20.00 each Drawing larger than A0 issued for construction work shall be charged at Rs. 75.00 each The Contractor shall ensure that all the bills furnished by the Bank / Architect office are honoured.

Escalation

The rate quoted shall be firm throughout the tenure of the contract (including extension of time, if any, granted) and there will not be any fluctuation due to increase in cost of materials, labour, sales tax, Octroi etc. No escalation in cost is payable either for materials, labour, taxes etc.

Excise duties, levies, VAT etc

The Contractor is responsible for all excise, duties, VAT, levies etc.

Idle Labour

Whatever the reasons may be no claims for idle labour, additional establishment, working during night, cost of hire and labour charges of tools and plants establishments would be entertained under any circumstances.

46. Method of Measurement

Unless otherwise mentioned elsewhere in this tender, measurement will be on the net quantities or work produced in accordance with up to date rules laid down by IS:1200. In the event of any dispute with regard to the measurement of the work executed the decision of the Bank / Architect shall be final and binding on the contractor.

47. Guarantee for the specialized work

Whenever provision for submission of guarantee has been advised, the same shall be submitted from the specialized agency along with a counter guarantee by the main contractor engaged for the work. The guarantee shall be furnished on a non-judicial stamp paper of appropriate value. If the contractor is required to submit guarantee / guarantee for any item / items for period of more than 6 months, the guarantee / guarantees in case of those items shall remain valid even after expire of the defect liability period of 6 months as stipulated in the contract.




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48. Income Tax , Sale Tax / VAT / Works Contract Tax on work Contract

Statutory deduction of Income tax on a work contract shall be made from all interim and final payment as per extended statute. The Rate quoted by the contractor should be all inclusive of VAT / Sales Tax / Works Contract Tax. The Sales Tax / VAT / Work Contract Tax to be paid by the contractor and the receipt to this effect to be submitted a copy of the same to the Bank for their records. Retention money and EMD amount will be released only after submission of the copy of the returns submitted to the authorities.

49. Final Bill / Settlement of Final Bill The final bill from the contractor shall not be entertained under any circumstances

with out full completion of all items of works. Any work found defective or wrongly carried out and instructed by Bank / Bank‟s Architect to be rectified or replaced, should be rectified / replaced prior to submission of the final bill. It is to be expressly noted that no final bill will be held valid in the event of non-rectification of the defective or wrongly carried out items and completion date shall not on this account be extended. Defects liability period will be effective from the day of satisfactory completion of all items of works, as may be certified by the Architects.

50. Earnest money & Security Deposit / Retention Money

i) Earnest Money: Earnest money as mentioned in the tender notice has to be deposited in the form of Bank Draft / Pay Order / Banker‟s Cheque drawn on any Nationalized / Scheduled Bank in favour of IDBI BANK Ltd. payable at Chennai and shall be enclosed along with the tender. Any tender not accompanied by the Earnest Money deposit shall be rejected. If the same is submitted as Bank Guarantee, Once the work is finalized, before awarding the works, the contractor has to submit the EMD in the form of DD for the equivalent amount which will be treated as Security Money. At that point, the Bank Guarantee Submitted will be returned. ii) Retention Money: Apart from Earnest Money Deposit made to constitute 5% (five percent) retention money on the value of the work done up to date, the amount over and above EMD already deposited shall be deducted from the running bills and same shall be returned against submission of Bank Guarantee The deduction from the final bill will be so adjusted to make the total security deposit 5% (five percent) of the value of the work including EMD and Retention Money (including earnest money furnished with the tender and amount deducted from progressive bills) shall be held till the work is completed in all respect to the full satisfaction of the Bank / Architect. The above deposit and EMD will be released after the expiry of defects liability period / maintenance period and up on submission of copy of return submitted for Sales Tax / VAT. The Bank shall not pay interest on either the Earnest Money / Security Money or the Retention money. All compensation or other sums of money payable by the contractor to the Bank under the terms of this contract may be deducted from, or paid by the sale of sufficient part of his security deposit from any sums which may be due or any become due to the contractor by the Bank on any account whatsoever, and in the event of his security deposit, being deducted by reasons of any such deduction or sale as aforesaid the contract shall within fourteen days thereafter make good in the Bank Draft endorsed as aforesaid any sum or sums which may have been deducted from or raised by sale his security deposit or any part thereof.




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VIII. TECHNICAL SPECIFICATION

Material Material for sheets and accessories shall strictly conform to BIS/BS/ASTM/AS specifications as mentioned. Supplier shall furnish test certificates for verification of the same and shall make arrangements for inspection and marking of the materials at his works. Erection shall not be started before approval of materials including all accessories. Length shall be such that numbers of joints are minimum. Wherever specified, to avoid longitudinal overlaps for larger span, sheets shall be of single length and shall be site formed. Steel Sheet & Accessories Profiled steel substrate shall be cold roll formed conforming to IS 513-1994. Total coat thickness (TCT) of sheet shall be minimum 0.55mm with base metal thickness without any coating shall be minimum 0.50mm with minimum yield stress 550 Mpa / 275 Mpa (ASTM A446, Grade E) as required by MMCI/HPCL Engineer-in-Charge. On top of base steel any one of the following coatings should be used:- Galvalume sheets shall conform to AZ 150 of AS 1397 or ASTM 792 with hot-dip metallic coating of 55% Al and 45% Zn alloy having total coating mass of min. 150 gms/m2 inclusive of both sides. Accessories such as ridge capping, corner closing pieces (barge capping), single ridge capping with or without up-stand, apron flashings, cover flashings/edge trimmings, louvres etc. shall be as per manufacturer‟s specifications to suit the type of roof sheeting. The accessories shall have same specifications as of roof/cladding sheets as far as colour, material, thickness, protective coating etc. The shape of accessories shall be as per drawings and generally shall suit the profile of the sheets. Overlaps shall be minimum 150 mm. The sheeting including accessories shall be fixed as per manufacturer‟s specifications. The down-take pipes shall be fixed to gutter suitably to ensure leak-proof joints. Pre-finished Gutters Material for pre-finished gutters shall have the same specification and finish of the pre-finished sheeting as specified in Clause 3.1.1. The colour shall match the roofing or side sheeting as applicable. The minimum total coated thickness shall be 0.6 mm. The gutters shall be fabricated with lines and angles sharp and true and plane surfaces free from objectionable wave, warp or buckle. The use of exposed fasteners shall be minimized. Rainwater Down-take Pipe Work All down-take pipes and sockets shall be carefully examined for defects prior to installation and only defect-free, undamaged sound, straight pipes shall be used. All pipe and pipe fittings shall be fixed in vertical alignment unless otherwise specified. Pipe and pipe fittings shall be kept at a distance of not less than 30 mm from the wall/column face to facilitate cleaning, painting etc. Pipe, pipe fittings shall be secured to walls/column surfaces at all joints. Fixing shall be by means of lugs of the pipe, MS galvanised clamps, or cast iron brat clamps. All the joints shall be watertight and shall be works tested (hydrotest). UPVC Down-take Pipes shall comply with the material, colour, dimensions, visual, reversions, stress relief, impact strength, tensile, axial shrinkage, water tightness of joint tests specified in IS:13592. Generally, pipe of Type B shall be used unless specified otherwise. Joints shall be made by using solvent cement or as directed by manufacturer.




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SPECIFICATION FOR SHEET ROOFING:

1. SPECIFICATION i. The roofing system should be designed to withstand the wind load (As per IS 875

Part-3). The design should also comply with any other relevant IS Codes.

ii. The steel sheet shall be 3‟-0” (914MM) width (tolerance +/-2mm) which shall be curved and moulded at site using mechanical press and dies to the desired curves and shape to form 2‟-0” ( 605 MM) wide interlocking panels. These panels shall be erected in position and their seams shall be interlocked and pressed to close the seam forming a water tight joint. Minor colour chipping/scratching should be rectified by applying Epoxy lacquer. Necessary arrangement including the supply for the installation of fasteners at the end will be there in the scope of the work.

iii. The installation should be done by mechanized methods. The agency has to

mobilize required number of Hydra for transportation of sheets and Cranes for the erection of seamed sheets.

iv. Adequate precaution shall be taken by the agency during the installation process

for the safety of their workers. Safety belts, helmets and other safety equipments for the execution of job must be used, wherever required. Works in height panel installation process shall not be carried out in case of wind velocity at site location is above 22 K.M./Hrs.

2. The design & drawing for the roof must be submitted to the Bank‟s Architect / Engineer-

In-Charge for approval before the installation of the sheets at site. The agency shall make provisions for hangers and clamps etc. for providing light fixtures in the roof, wherever required. The material of Galvalume sheets shall have the following specifications:

3. MATERIAL : Alloy Coated High Tensile steel with coating of 55%Aluminum, 43.5%

Zinc and 1.5%Silicon. TENSILE STRENGTH :Grade 350 with details as recommended in ASTM 792 M.

4. COATING: Coating Mass of AZ-150(150 gms/sqm on both sides) of the shade to be

decided by HWC.

5. ORGANIC PAINT COATING SYSTEM : Regular polymer Coat of 20 micron on top coat over 5 micron of primer .On bottom, coat of 7 micron of grey colour.

6. THICKNESS: i) Basic material thickness(BMT) = 1.00 mm

7. Total coated thickness (TCT) = 1.09 mm.

8. TESTING OF MATERIAL: The sheets shall be tested before use to check the basic

metal thickness, coating mass and tensile strength from the laboratory which shall be decide by the Bank‟s Architect / Engineer-In-Charge.

9. STANDARDS: The agency shall follow International standards for Galvalume sheet

roofing.

10. FIXTURES: The fixtures like fasteners, turbo ventilators and translucent sheets shall be designed to suit the requirements of HWC.




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Shop Drawings The Contractor shall prepare shop drawings for roof sheeting and cladding, based on the design drawings and/or fabrication drawings supplied to him. Shop drawings of sheeting and cladding work shall be such that roofing and cladding can be procured cut if required, erected, laid and fixed as shown on the design drawing and as per specifications and the direction of the Bank‟s Architect / Engineer-In-Charge. These drawings shall show the layout and exact lengths of the sheets, details of all sheeting accessories, rain water gutters, rain water down-take pipe work. Shop drawings shall indicate layout and details of fixing arrangements including details to enable procurement of bolt assemblies and everything necessary for the complete execution of the sheeting work. Shop drawings of sheeting shall be submitted to the Bank‟s Architect / Engineer-In-Charge for his review, and approval prior to starting any work. Bank‟s Architect / Engineer-In-Charge‟s approval shall not absolve the Contractor of the responsibility of correctness and accuracy of his drawings. Stacking and Handling Sheets shall be handled, stacked and stored carefully so as to eliminate damage and prevent wastage. Stacking shall be on firm level dry ground. Sheets of equal size shall be stacked together. Damaged material shall not be stacked along with sound material. Stacking shall be away from roads/accesses to prevent damage by vehicular traffic. While handling, care shall be taken so that lifting hooks, clamps, cups, ropes, pallets etc. do not damage (scratch, bend or locally buckle) the sheets. Also this shall be as per manufacturer‟s specifications. Laying and Fixing The sheets shall be ordered in lengths suitable for minimising the number of end laps. Suitability for handling and transporting the sheets shall also be given due importance in deciding the sheet length. Sheet length shall be such that the end laps fall on a purlin. Roof sheets shall be laid so that corrugations are in the direction of the roof slope. Laying of roof sheets shall begin at the lowest level/eaves portion and away from the direction of the most prevalent wind direction. When the roof slopes are less than 15o or rainfall intensity is expected to be higher than 45 mm/hour, then troughs between the crests of the sheet at the ridge of the roof shall be turned up through 80o degrees and at lower edge/eaves turned down through 80 degrees by using turn-up tool. Sequence of work shall be first the roofing, eaves gutter work and then side cladding. Wall sheeting shall be laid with corrugations vertical. Laying of wall sheeting shall be started at one end and shall be laid to have side lap away from the direction of the most prevalent wind. Also this shall be in line with manufacturer‟s specifications. During sheet-work workers shall wear footwear with soft soles (non-scratch producing) and workers shall not step on crests (step only in troughs) and damage the profile of the sheets. The use of cat ladders/planks is recommended.




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Sheet laying shall be started after ensuring that all required sheeting, accessories, fixings are available at site and their shortfall will not hold up the sheet work. Notching tool shall be used for making notches in copings and flashings. Acceptance Criteria The installation of sheeting work shall be accepted if the installation presents a neat appearance, if NO external light is visible when viewed from inside especially through the gaps at laps, joints, flashings, or no cracks are visible, and if the installation is water tight when tested. Following aspects shall be checked for acceptance: Soundness of sheets and accessories Absence of cracks, holes, punctures, dents, scratches, consistency of colour shade, crests shall be parallel to sheet edges, consistent thickness of sheet, warping, broken/non smooth edges etc. Correct laying sequence and method Especially adequate side and end laps, direction of laying, mitring. Fixings Size of bolts, number of bolts and bolt spacing, size and number of washers, caps, method of making hole for bolts and its size, bolt material. Adequate and proper installation of flashing to make installation water tight. Gutter and down-take Line, level, slopes, consistency and uniformity of size and shape, proper jointing, adequate brackets. Hydro testing of gutters and down-takes for water tightness, integrity and stability.




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IX. MODE OF MEASUREMENTS The measurements will be made in terms of relevant IS codes. For conversion of inches to feet, the resultant figure shall be taken up to two digits after decimal point. Third digit shall not be taken into account. The method of measurements for each item is as given under: 1 DOORS, WINDOWS, ROLLING SHUTTERS AND GRILLS

Clear area over one face inclusive of frame shall be measured. Hold fasts and portions embedded in masonry or flooring shall not be measured.

1 PARTITIONS IN WOODWORK

The partition height shall be measured up to bottom of false ceiling finished level and framing members / ply going above shall not be measured.

2 DECORATIVE PANELING OVER WALL OR OVER PARTITIONS The area of cladding shall be measured in square meter, or square feet. The gross area cladded will be measured. No deductions will be made for gaps upto one centimeter between the panels

3 PAVING AND TILE WORK

The work mentioned in this section shall be measured in Sq.Ft or in Sq.m. and shall be priced per unit of Sq.Ft. In all paving work, the slabs shall be touching the walls and go well under the plaster, but the measurements shall be the clear measurements of the rooms or areas when finished. No allowance shall be made for portions going under the plaster. The wall dado will also be measured as per the clear measurements of the visible area only.

4 ALUMINIUM SLIDING WINDOWS The measurement of aluminium sliding windows shall be taken only after the frame along with the shutter is fixed in its final finished position in line level and plumb. Width and height shall be measured net between the out of the aluminium window frames.

7. SHUTTERS, STORAGE UNITS, BOXING FOR ROLLING SHUTTERS etc. The area will be measured in Sq.Ft or in Sq.m on the actual facing size. There will be

no allowance made for portions not visible. 8. UTILITY COUNTER, , PANTRY PLAT FORM, LUNCH PLATFORM SKIRTING etc

Will be measured in Rft. or R.m. on the actual length through the centre of the item if in curved profile.

9. FALSE CEILING

For false ceiling work, the measurement shall be for the actual area covered. The vertical faces will be measured as per the actual visible area. No deduction shall be made for the cutouts of light fittings, speakers, column up to 5.00 Sq.Ft.

10. PAINTING

The rates include all scaffoldings, ladders, paints, cans, brushes and other appliances required for the efficient execution of the work. The rates also include conveyance, delivery, handling, unloading, storing, wastage, protective cover and cleaning stains




61

from floors and walls, glass panes etc and also preparatory works such as knotting, priming stopping and rubbing down, burning off or stripping etc. The rates for special conditions of works not mentioned in the tender will be finalized by Bank / Architect considering the site conditions and nature of specialty required, which will be final and binding on the contractor.

Measurements 1. No deduction will be made for openings not exceeding 0.5 Sq.m each and no

addition will be made for painting to beadings, mouldings, edges, jambs, soffits, sill etc. of such openings.

2. Corrugated sheet surfaces will be included with plain surfaces after increasing their areas by the following percentages :-

(i) Corrugated sheets :- 14 % (ii) Asbestos cement sheets corrugated :- 20% (iii) Asbestos cement sheets semi corrugated:- 10%

3. Areas of uneven surfaces will be converted into equivalent plain areas in accordance with table given below:

Table of Equivalent Plain Ares of uneven Surfaces

Sl No

Description of work How measured Multiplying factor

1 Paneled or framed and brazed or ledged and battened or ledged, battened and brazed joinery

Measured flat (not girthed) including frame. Edges, chocks, cleats etc. should be deemed to be included in this item

1.30 (for each side)

2 Flush joinery Do 1.20 (for each side)

3 Fully glazed or gauged joinery Do 0.80 (for each side)

4 Partly paneled and partly glazed or gauged joinery

Do 1.00 (for each side)

5 Fully venetianed or louvered joinery Do 1.80 (for each side)

6 Weather boards Measured flat (Not girthed) supporting frame work shall not be measured separately


7 Guard Bars, Balustades gales, gratings, grills, expanded metal and railings, gates and open palisade fencing including standard braces, rails stays etc..

Measured flat overall. No deduction shall be made for open spaces. Supporting members will not be measured separately

1.00 (for painting all over)

8 Carved or enriched work Measured flat 2.00 (for each side)

9 Steel rolling shutters Measured flat (size of opening) overall, jamb guides, bottom rails and locking arrangement, etc., shall be included in the item ( top cover will be measured separately)


10 Plain sheet steel doors and windows

Measured flat (not girthed) including frame, edges, etc.

1.10(for each side)

11 Fully glazed or gauged steel Do 0.50(for each side)

12 Partly Paneled and partly glazed steel doors.

Do 0.80(for each side)

13 Collapsible gate Measured flat (size of opening) 1.50(for painting all over)




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X. LIST OF APPROVED NOMINATED MANUFACTURERS/BRANDS

FOR INTERIOR WORK

Note: 1) All materials shall be of the 1

st quality.

Wherever contractor proposes to use makes (i.e. other than specified) the same shall be done after prior approval of the Bank / Bank‟s Architect. Any additional expenditure and time due to this shall be solely on contractor‟s account and no claims whatsoever shall be entertained, in this regard. The makes mentioned in BOQ should be used and other items to be used from this list. If the mentioned Brand is not available readily, Approval should be taken from the Bank / Architect and a letter to be submitted to that effect and Bank / Architect will issue a letter in writing approving / rejecting such brand. Only after getting approval letter from the Bank for using alternate material, the same can be used by the contractor.

SR NO.

MATERIAL APPROVED MANUFACTURER/ SUB-CONTRACTOR / BRAND

A. WOOD

1

Steam Beach WOOD for reapers / mouldings / beadings / Door Frames to match the laminate

Should be properly seasoned, no specific supplier Contractor to obtain approval for samples

B. PLYWOOD

1 Commercial Ply Confirming specification as per IS: 303

GREEN / CENTURY / SWASTIK / ANCHOR / KENWOOD / NATIONAL / MAYUR / SHARON or approved equivalent make

2 Marine Ply Confirming specification as per IS: 710

GREEN / CENTURY / KITPLY / ANCHOR / KENWOOD / NATIONAL / ARCHID or approved equivalent make

3 Flush Door Confirming specification as per IS code

GREEN / SWASTIK / ANCHOR / ARCHID / KENWOOD / MAYUR / NATIONAL or approved equivalent make

4 Soft Board JOLLY BOARDS or approved equivalent

C. DECORATIVE VENEERS/ LAMINATES

1 Veneers JACSON / ANCHOR/ SWASTIK/ URO or approved equivalent make

2. Main Laminate 10867 (Merino Make) Or E241 /1241 INTAL BEECH (FORMICA)

Skirting G558 / 1558 GRAPHITE GREY (FORMICA MAKE)

D. GLASS

1 Glass MODI GUARD /SAINT GOBAIN /ASAHI or approved equivalent

2 Mirror MODI GUARD /SAINT GOBAIN / ASAHI or approved equivalent

3 Tempering or toughening of glass

MODI GUARD / SAINT GOBAIN or approved equivalent.

4 Glass film for tint/safety/frosting 3M or approved equivalent

5 Sun Control Film GARWARE or approved Equivalent

E. ADHESIVES PRESERVATIVES

1 Adhesive FEVICOL / VAMICOL / ARALDITE / 3M or approved equivalent

2 Preservative TERMISEAL, BISON, SOLIGNUM / WOOD GUARD or approved equivalent




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F. PAINTS & POLISHES

1 Interior Paints (a) Lustre Paints (b) Plastic paint (c) Acrilic Paint

ASIAN / ICI / NEROLAC / BERGER or approved equivalent

2 Exterior paints (a) Acrilic paints (b) Cement Paints

(a) ASIAN / NEROLAC / ICI / WEATHER SHIELD or approved equivalent (b) ASIAN / SNOCEM / NITCO or approved equivalent

3 Fire Retardant paints NIPPON / FIRE TARD / SHALIMAR / VIPER / NOBLE or approved equivalent.

4 Poly- coating ASIAN / SOLVOSOL / MRF or approved equivalent.

5 Melamine ASIAN / SOLVOSOL / MRF or approved equivalent.

G. FALSE CEILING

1 Gypsum ceiling INDIA GYPSUM or approved equivalent

2 Acoustical (a) Gypsum (b) Fibrous (c) Metal

(a) AMSTRONG / USG / DIKEN or approved equivalent. (b) AMSTRONG / NITTOBO / AMF / USG/ DIKEN or approved equivalent. (c) AMSTRONG / HUNTER – DOUGLAS / DIKEN or approved equivalent.

H. HARDWARES

1 Screws GKW/ NETTLEFOLD or approved equivalent

2 Locks for Cabinets GODREJ-VIJAYAN/ EFFICIENT GADJETS/ ACME/VISION/CIEF or approved equivalent

3 Floor spring / Door closer DORMA/ HEMCO/ HAFELE/ OZONE or approved equivalent

4 Handles & mortise locks NEKKI – KICH / HAFELE / DORMA or approved equivalent

5 Hinges (Brass / SS finish) HAFFELE / BLUM / GRASS / MEPLA / VISION / CIEF or approved equivalent.

6 Tower Bolts Brass oxidized or S.S

7 Key holes, door stopper / holder Matching with Handles

8 Sliding drawer Channel HAFELLE / EBCO / SOLO / GRASS / BLUM / MEPLA or approved equivalent

I. FLOORING / DADO

1 Vitrified Tiles HR JOHNSON / NAVEEN / NITCO / KAJARIA / ASIAN or approved equivalent

2 Ceramic Tiles HR JOHNSON / NAVEEN / NITCO / BELL / KAJARIA / ASIAN or approved equivalent

3 Wall Tiles, Ceramic & glass mosaic

HR JOHNSON / NAVEEN / NITCO / BELL / KAJARIA / ASIAN or approved equivalent

4 Paving Tiles DURACRETE / EUROCON or approved equivalent

6 Vinyl Flooring LG / AMSTRONG / KRISHNA VINYL or approved equivalent

7 Wooden flooring AMSTRONG / PERGO / HARO / TRITY or approved equivalent

J. OTHER MATERIALS

1 Cement ACC (BIRLA WHITE), ULTRA TECH, AMBUJA or approved equivalent

2 Tile adhesive / Joint filling PIDILITE / ROFF / SHALIMAR / KRISHNA CHEMICAL / BAL ADHESIVE or approved equivalent

3 Vitreous chinaware sanitary HINDWARE, PARRYWARE or approved equivalent make




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4 Chromium Plated / Powder coated stop cocks, Bib Cocks, Pillar cocks, Taps, etc

JAQUAR / MAC ESS – ESS/ AQUAL or equivalent approved make/CERA/METROS OR APPROVED MAKE

5 G.I.Pipes „C „ Class (ISI Mark) TATA, BST, JINDAL, ZENITH or approved equivalent make

6 Rain water, Soil & Waste water pipes and fittings (Cast iron)

TD SULEKHA / PRINCE or approved equivalent make

7 PVC Pipes & Fittings PRINCE / SUPREME / AKG or approved equivalent make

7 Water proofing PIDILITE / IMPERMO / ACCOPROOF / SUPER SEAL, LEAK PROOF / NINA / ROFF / SHALIMAR or approved equivalent make

8 Aluminium Door and Window section

JINDAL / INDAL or approved equivalent make

9 Vertical Blinds VISTA LEVOLOR / AEROLUX / MAC or approved equivalent make

10 Fabric protection coating for upholstery

FAB GUARD of DOVE CORPORATION, SCOTCH GUARD of BIRLA 3M Ltd.

11 Foams in chairs / Sofas MM FOAMS / ULTRA FOAMS or approved equivalent makes

12 Sensor controlled auto flushing Systems & Electrical lights & gadgets

MAGI FLOW by CAPRICONS / ROBO by AOS or approved equivalent make




65

XI. FORMAT OF BANK GUARANTEE

Guarantee No. :- ______________________________________ Amount of Guarantee :- Rs.___________________________________ Guarantee cover from _________________________ to ________________________ Last date for Lodgment of claim :- _____________________________________ Name of Beneficiary :- IDBI BANK Ltd.

This deed of guarantee executed at_________________________________ _______on this

______day of ___________ 2014 by ___________________________________________

_______________________ having its Head / Registered Office at____________________

________________________________________ and a Branch at_____________________

(here in after referred to as „the Bank‟) in favour of IDBI BANK Ltd., IDBI tower, WTC

Complex, Cuffe Parade, Mumbai-400 005 (hereinafter referred to as “the beneficiary”).

WHEREAS

1) The beneficiary, has invited tenders viz.for interior furnishing of premises at

____________________________________________________________________

2) One of the conditions of the issue of tenders is that a Bank Guarantee for Rs.____

lakhs should accompany the tender, from a Bank acceptable to beneficiary in lieu of

earnest money deposit.

3) _________________________________________________ (hereinafter referred to

as “the tenderer”) desires to submit his tender for furnishing work.

4) The Bank at the request of the tenderer has agreed to furnish the said Guarantee in

the following manner:

Signed and delivered by

1)Mr.___________________________ 2)Mr.___________________________

for and on behalf of the Guarantor, the for and on behalf of the Guarantor, the

Bank of _________________________ Bank of _________________________

________________________________, ________________________________,

duly authorized Official and POA Holder. duly authorized Official and POA Holder.




66

NOW THIS DEED WITNESSETH AS UNDER:

1) Pursuant to the said agreement and in consideration of the premises, the Bank both

hereby guarantee to and covenant with beneficiary that in the event of the bidder‟s

tender is accepted by the beneficiary and the bidder fails to comply with the terms

and conditions of the tender, the bank shall, whenever, called upon by the beneficiary

in writing and without demur and notwithstanding any objection raised by the said

bidder, pay to the beneficiary the said amount of Rs._________ lakh.

2) It is agreed and declared by the Bank that the liability of the Bank to pay the said

amount, whenever, called upon by the beneficiary, shall be irrevocable and absolute

and the bank will not be entitled to dispute or inquire into whether the beneficiary has

become entitled to forfeit to claim the same or not or whether beneficiary is entitled to

recover any damages from the said bidder for breach of terms thereof or not.

3) It is further agreed and declared by the Bank that waiver of any terms and conditions

of the said tender or any act of forbearance on the part of the beneficiary or any time

given by the beneficiary to the bidders for carryout out and completing the work under

the said tender or any modifications made in the terms and conditions of the said

tender or any other act or omission a surety, will not discharge the Bank.

4) It is agreed and declared that this guarantee will be enforceable even if there is any

change in the constitution or management of the beneficiary and shall ensure to the

benefits of its successors and assigns and shall be binding on the successors and

assigns of the Bank.

5) The Bank hereby agree that without the concurrence of the Bank the tender and the

beneficiary shall jointly be at liberty to vary, alter or modify the terms and condition of

the tender document.

6) A certificate in writing signed by a duly authorized official of the beneficiary shall be

conclusive evidence against the Bank of the amount, for the time being due to the

beneficiary from the bidder, in any action or proceeding brought on this Guarantee

against the Bank.


1)Mr.___________________________ 2)Mr.___________________________


Bank of _________________________ Bank of _________________________

________________________________, ________________________________,


7) This Guarantee shall be irrevocable and absolute and the obligations of the

Guarantors hereunder shall not be conditional on the receipt of any prior notice by the




67

Bank or by the tenderer and the demand or notice by the beneficiary as provided in

Clause 1) hereof shall be sufficient notice or demand on the Bank.

8) The liability of the Guarantor under this Guarantee shall not be affected by:

i) Any change in the constitution or winding up of the tenderer or any absorption,

merger or amalgamation of the tenderer with any other company, corporation or

concern; or

ii) any change in the management of the tenderer or takeover of management of the

tenderer by Central or State Government or by any other authority; or

iii) acquisition or nationalization of the tenderer and / or any of its undertaking(s)

pursuant to any law; or

iv) any change in the constitution of the beneficiary; or

v) death of the tenderer.

8 The liability of the Bank hereunder shall not exceed Rs._____ (Rupees _______ only)

(amount may vary depending upon the no. of jobs) being tendered.

9 This guarantee shall remain in full force and effect upto _______________________

and claim if any under this guarantee shall be made on the Bank on or before the

______________________________ ___________(3 months from the above date).

IN WITNESS WHEREOF, the Bank caused these presents on the day, month and year first

hereinabove written.


1)Mr.___________________________ 2)Mr.___________________________


Bank of _________________________ Bank of _________________________

________________________________, ________________________________,





68

(To be enclosed in Cover No.1)

ANNEXURE-I

Sl. No. Details To be furnished by the Contractor

1 Name & Address of the applicant / firm

2 PAN No. and Service Tax No.

3 Type of organization & year of incorporation.

4 Correspondence address with contact persons name, telephone number, mobile number etc. (The company may also furnish address of their local office at Chennai)

5 Turnover of the company. Please provide the details for the last 3 years. (If required details in separate sheet may be enclosed) (Contractors to attach relevant proofs)

FY 2012-13: -

FY 2011-12: -

FY 2010-11: -

6

Number of works executed involving Supply, Fabrication & erection of steel structure during last 5 years for any Central or State Govt. organization / Departments or for any PSBs / PSUs / PSEs / Private Organizations of repute. (Contractors to mention works / projects to fulfill the minimum project values stipulated in the tender bid towards pre-qualification criterion. If required details in separate sheet may be enclosed) (Contractors to attach relevant proofs in support of their executed works)

8 Whether Annexure-II filled up with full particulars

Yes / No

9 Other information that the applicant might like to give in support of the application




(To be enclosed in Cover No.1) ANNEXURE-II

List of works executed during last 5 years for any Central or State Govt. Organization / Departments or for any PSB / PSU / PSE / Reputed Private Organizations: -

One similar project work mainly involving Steel Structural and Roofing works for a project value not less than Rs. 36.0 Lakhs

OR Two similar project works mainly involving Steel Structural and Roofing works for a project value not less than Rs. 27.0 Lakhs

OR Three similar project works mainly involving Steel Structural and Roofing works for a project value not less than Rs. 18.0 Lakhs

Sl. No.

Name of the Firm / Client

Description of Work ** Work order / Completion Certificate Ref. No. & Date

** Work Order / Contract Value (in Rs.)

Date of Completion

Remarks (if any)

** Relevant supporting documents to be enclosed in support of the above submissions. If required, details in separate sheet may be enclosed.