Reserve Bank of India Estate cell, Byculla

Transcription

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

2 Index Particulars Page Nos. 1. Form of Tender Articles of Agreement Special instructions to tenderers 8 4. General instructions to tenderers and Special Conditions Safety Code The Conditions hereinafter referred to Appendix herein before referred to Data Sheet Specifications and Scope of Work Un-priced Bill of Quantity Check List Bank Guarantee Proforma 37 38

3 (1) Form Of Tender Place Date Shri R. N. Kandulwar Chief General Manager Estate Cell, Byculla, Reserve Bank of India Mumbai Dear Sir, Having examined the drawings, specifications, designs and schedule of quantities relating to the works specified in the memorandum hereinafter set out and having visited and examined the installation site of the works specified in the said memorandum and having acquired the requisite information relating thereto as affecting the tender, I/We hereby offer to execute the works specified in the said memorandum within the time specified in the said memorandum at the rates mentioned in the attached Schedule of Quantities and in accordance in all respects with specifications, designs, drawings and instructions in writing referred to in articles of agreement, special instructions to the tenderers, general instructions to the tenderers and special conditions, conditions hereinbefore referred to, specifications, data sheet and schedule of quantities and with such materials as are provided for, by and in all other respects, in accordance with such conditions so far as they may be applicable. MEMORANDUM (a) Description of works Supply and installation of Passenger Lifts (2 Nos) for the Bank s Officers Colony at Tardeo (one each in A & B wings respectively). (b) Estimated cost Rs. 20 lakhs (c) Mode of payment As per clause 34 on page 14 of General Instructions to Contractors and Special Conditions. (d) Earnest Money Deposit Rs. 40,000/- (e) Time allowed for completion of work from tenth day of the date of 30 weeks (for 2 lifts) letter advising acceptance of tender. 2. Should this tender be accepted, I/We hereby agree to abide and fulfill the terms and provisions of the said Conditions of Contract annexed hereto so far as they may be applicable or in default thereof to forfeit and pay to the Reserve Bank of India, the amount mentioned in the said conditions. 3. The lists showing the particulars of large works carried out and the names of manufacturers of specialized items as required under clause 24 of General Instructions to Contractors and Special Conditions are enclosed.

4 Our bankers are The names of partners of our firm are (i) (ii) Name of the partners of the firm authorized to sign OR Name of person having Power of Attorney to sign the contract (Certified true copy of the Partnership Deed and the Power of Attorney should be attached) Yours faithfully, Witnesses (Signature of Contractor) (1) (Signature) Address (2) (Signature) Address

5 (2) Articles of Agreement ARTICLES OF AGREEMENT made the day of between the Reserve Bank of India, Mumbai (name of the office) having its Central Office at Mumbai (hereinafter called the Employer ) of the one part and (hereinafter called the Contractor ) of the another part. WHEREAS the Employer is desirous of Replacement of electrical lifts in the Bank s Officers Colony at Tardeo and has caused drawings and specifications describing the work to be done to be prepared by them. AND WHEREAS the said drawings numbered to inclusive, the Specifications and the Schedule of Quantities have been signed by on behalf of the parties hereto. AND WHEREAS the Contractor has agreed to execute upon and subject to the conditions set forth herein and to the conditions set forth in the Special Conditions and in the Schedule of Quantities and Conditions of Contract (all of which are collectively hereinafter referred to as the said Conditions ) the works shown upon the said drawings and/or described in the said Specifications and included in the Schedule of Quantities at the respective rates therein set forth amounting to the sum as therein arrived at or such other sum as shall become payable thereunder (hereinafter referred to as said Contract Amount ). NOW IT IS HEREBY AGREED AS FOLLOWS In consideration of the said Contract Amount to be paid at the times and in the manner set forth in the Said Conditions, the Contractor shall upon and subject to the Said Conditions execute and complete the work shown upon the said Drawings and described in the Said Specifications and the Schedule of Quantities. The Employer shall pay the Contractor the said Contract Amount or such other sum as shall become payable at the times and in the manner specified in the said Conditions. The term the Architect in the said Conditions shall mean Chief General Manager Estate Department., Mumbai or, in the event of their ceasing to be the Architect for the purpose of this Contract for whatever reason, such other person or persons as shall be nominated for that purpose by the Employer, not being a person to whom the Contractor shall object for reasons considered to be sufficient by the Employer PROVIDED ALWAYS that no person or persons subsequently appointed to be Architect under this Contract shall be entitled to disregard or overrule any previous decisions or approval or direction given or expressed in writing by the Architect for the time being. The Said Conditions and Appendix thereto shall be read and construed as forming part of this Agreement and the parties hereto shall respectively abide by, submit themselves to the said Conditions and perform the agreements on their part respectively in the said Conditions contained. The plans, agreement and documents mentioned herein shall form the basis of this Contract. This contract is a fixed lump sum contract subject only to the Price Variation Clause as specified elsewhere to carry out work in respect of the entire lift installation to be paid for at the rates/amounts contained in the Schedule of Rates and Probable Quantities or as provided in the Said Conditions.

6 The Contractor shall afford every reasonable facility for carrying out of all works relating to civil works, installation of sanitary works and fittings, permanent water supply, electrical installations and fittings, telephone, air conditioning and other ancillary works in the manner laid down in the said Conditions and shall make good any damages done to walls, floors etc. after the completion of such works. The Employer reserves to itself the right of altering the drawings and nature of work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this Contract. Time shall be considered as the essence of this contract and the Contractor hereby agrees to commence the work soon after the site is handed over to him or from tenth day of date of issue of formal work order as provided for in the said Conditions, whichever is later, and to complete the entire work within 30 weeks subject nevertheless to the provisions for extension of time. All payments by the Employer under this Contract will be made only at Mumbai. All disputes arising out of or in any way connected with this Agreement shall be deemed to have arisen at Mumbai and only Courts in Mumbai shall have jurisdiction to determine the same. That the several parts of this Contract have been read and fully understood by the Contractor. If the Contractor is a partnership or an individual. IN WITNESS WHEREOF the Employer and the Contractor have set their respective hands to these presents and two duplicates hereof the day and year first hereinabove written. If the Contractor is a company. IN WITNESS THEREOF the Employer has set its hand to these presents through its duly authorised official and the Contractor has caused its common seal to be affixed hereunto and the said two duplicates / has caused these presents and the said two duplicates hereof to be executed on its behalf, the day and year first hereinabove written. Signature clause SIGNED AND DELIVERED by the Reserve Bank of India by the hand of Shri (Name and designation) in the presence of (1) Address (2) Address (Witnesses)

7 SIGNED AND DELIVERED by If the party is a partnership form or an Shri individual, it should be signed by all or (Name and designation) on behalf of all the partners. in the presence of (3) Address (4) Address (Witnesses) The COMMON SEAL OF Was hereunto affixed pursuant to the resolutions passed by its Board of Directors at the meeting held on in the presence of (1) (2) Directors, who have signed these presents If the incontractor signs under common token thereof in the presence of seal, the signature clause should tally (1) with the sealing clause in the Articles of (2) Association. SIGNED AND DELIVERED BY the Contractor If the Contractor by is signing by the hand the hand of Shri of power of attorney, whether a and duly constituted attorney. company or an individual.

8 (3) Special Instructions To The Tenderers 1. The tenders should be submitted in Bank s forms only. 2. No rates or amounts shall be indicated in any portion of Part I. No terms and conditions shall be attached with Part II, which shall contain only rates and amounts. In case of discrepancies/inaccuracies in rates and amounts the lower one will be considered as correct and applicable for this contract. 3. No change in terms and conditions will be acceptable to the Bank. 4. The firms are advised to quote strictly as per the terms and conditions detailed and not to submit their standard printed terms and conditions. If any firm wishes to deviate from any term/condition, a separate sheet listing out the clause no(s) in which they propose to deviate and the details of proposed deviation shall be enclosed. 5. The tenders will be evaluated not only on the capital cost, but also taking into account the net present value of the all inclusive maintenance contract amount quoted by the firm. For arriving at net present value, the following factors will be applied. (a) Life of the equipment 20 years (b) Escalation factor 5% p.a. (c) Discount factor 10% p.a. 6. The contractor shall furnish an undertaking in the proforma enclosed that they will maintain the lift satisfactorily for a minimum period of 20 years from the date of expiry of the defect liability period at the rate quoted by them in this contract towards all inclusive maintenance service contract subject to only the Price variation clause as specified in the tender. 7. During the currency of the annual maintenance service contract, if the downtime of any lift exceeds one day in case of minor repairs and five days in case of major repairs, at any one instance, a penalty equivalent to four times of the daily rate of service contract amount (arrived at by dividing the annual contracted amount by 360 and rounding it off to next higher rupee) multiplied by the number of penalty days, will be recovered while renewing the service contract for further period. In case the contractor is not able to render call back service due to "force majeure" conditions prevailing at their works/office, the Bank may recover from the contractor, the prorata cost for that period. The vendor under such circumstances will be required to inform the Bank the date of commencement/termination of such "force majeure" conditions in their works/office. For the purpose of penalty, following items will be considered as major repairs. a. Rewinding of motor b. Replacement of ropes c. Replacement of bearings, gears etc. in gear box d. Replacement of guide shoes for the car and counter weight e. Replacement of trailing cables/control wiring They shall also ensure that the required spares etc. for proper maintenance are readily available with them for the complete life span of the lift. 8. The payment towards AMC charges will be made every quarter after satisfactory completion of the service. 9. In case of any accident due to non-functioning/malfunctioning of the safety devices, the criminal liability will solely rest with the tenderer. Signature & seal of the tenderer

9 (4) General Instructions To Tenderers And Special Conditions 1. Sealed tenders are invited in two parts Part I containing Technical specifications & Commercial Conditions and Part II containing Prices. Both Part I and Part II are to be submitted in duplicate in separate sealed covers and should be addressed to Shri R. N. KANDULWAR, Chief General Manager, Reserve Bank of India, Estate Cell, Mumbai and superscribed Tender for supply and installation of electrical lifts for Bank s Officers Quarters At Tardeo, Mumbai (Part I/Part II) of Tenders should reach him not later than 2.00 p.m. on 16 th November Tenderers should clearly indicate on each copy of the tender under their full signature whether it is the original or duplicate copy. 2. No tender will be received after 2 p.m. on 16 th November 2005 under any circumstances whatsoever. 3. (a) Part I of the tender will be opened at 3.00 pm on 21 st November 2005 at his office by Shri R.N.KANDULWAR, C.G.M, Reserve Bank of India, Estate Cell, Byculla, Mumbai or any other officer designated for this purpose by him in the presence of the tenderers or their representatives, should they choose to be present. Part II of the tenders will be opened on a subsequent date, which will be informed to the tenderers. (b) Tenders shall remain open for acceptance by the Bank for a period of three months from the date of opening Part-II of the tender which period may be extended by mutual agreement and the tenderer shall not cancel or withdraw the tender during this period. (c) The tenderer must use only the forms issued by the Bank to fill in the rates. 4. (a) The tender form must be filled in English and all entries must be made by hand and written in ink. If any of the documents is missing or unsigned, the tender may be considered invalid by the Bank in its discretion. (b) Rates should be quoted both in figures and words in columns specified. All erasures and alterations made while filling the tender must be attested by initials of the tenderer. Overwriting of figures is not permitted. Failure to comply with either of these conditions will render the tender void at the Bank s option. No advice of any change in rate or conditions after opening of the tender will be entertained. 5. Each of the tender documents should be signed by the person or persons submitting the tender in token of his/their having acquainted himself/themselves with the General Conditions of Contract, Specifications, Special Conditions, etc. as laid down. Any tender with any of the documents not so signed is liable to rejection. 6. The tender submitted on behalf of a firm shall be signed by all the partners of the firm or by partner who has the necessary authority on behalf of the firm to enter into the proposed contract. Otherwise the tender may be rejected by the Bank. 7. The Reserve Bank of India does not bind itself to accept the lowest or any tender and reserves to itself the right to accept or reject any or all the tenders, either in whole or in part, without assigning any reasons for doing so. 8. (a) EMD/RMD Intending tenderers shall pay as earnest money a sum of Rs. 40,000/- by a demand draft/payment Order drawn on a scheduled bank payable to Reserve Bank of India, Mumbai, or Earnest Money Deposit (EMD) in the form of a Bank Guarantee of an approved Scheduled Bank in favour of Reserve Bank of India in the Proforma enclosed as Annexure `A on page 37 & 38 in the tender A tender which is not accompanied by demand draft/bg/po will not be considered. The earnest money will not bear any interest and the same will be returned to the tenderer if his tender is not accepted. EMD will be forfeited if vendor does not respond / accept offer given by Bank within stipulated period. RMD & EMD for successful tenderer will be converted into security deposit and same will be returned after period of one year subject to deductions of liquidated damages / penalty if any.

10 (b) (c) On award of contract, the successful tenderer shall furnish an amount equal to 5% (five percent) of the contract value by a Demand Draft/ Payment order or a Bank Guarantee in prescribed form towards security deposit for the due fulfillment of the contract. The earnest money deposit made at the time of submission of tender will be returned thereafter. This Bank Guarantee shall be valid for the contract completion period upto the date of handing over of the lift installation and a further period of one year thereafter i.e. upto the date of expiry of the defect liability period. Any conditions other than specified above will not be accepted even if there is any deviation indicated elsewhere in the tender. 9. All compensation or other sums of money payable by the Contractor to the Employer under the terms of this Contract may be deducted from his earnest money and the security deposit, if the amount so permits, unless the contractor deposits such amounts in cash within ten days of issue of demand notice by the Bank. 10. On receipt of intimation from the Bank of the acceptance of his/their tender, the successful tenderer shall be bound to implement the Contract and within fourteen days thereof, the successful tenderer shall sign an agreement in accordance with the draft agreement but the written acceptance by the Reserve Bank of India of a tender will constitute a binding agreement between the Reserve Bank of India and tenderer, whether such contract is or is not subsequently executed. 11. The successful tenderer shall submit, in duplicate, within a month on receipt of acceptance of the tender, detailed working drawings and specifications showing the complete details of all his work required in connection with the contract and which is to be done by the Reserve Bank of India. He will be held responsible for any discrepancies, errors and omissions in the drawing or particulars submitted by him even if these have been approved by the Bank. The drawings will be scrutinized by the Bank and returned to the tenderer within two weeks of receipt, duly approved or with observations. 12. The contractor shall not assign the contract. He shall not sublet any portion of the contract except with the written consent of the Employer. In case of breach of these conditions, the Employer may cause the Architect to serve a notice in writing on the Contractor rescinding the contract, whereupon the security deposit shall stand forfeited to the Employer, without prejudice to his other remedies against the Contractor. 13. The Contractor shall carry out all the work strictly in accordance with drawing, details and instructions of the Architect. If in the opinion of the Architect, changes have to be made in the design and with the prior approval in writing of the Employer, they desire the Contractor to carry out the same, the Contractor shall carry out the same without any extra charge. The Architect s decision in such cases shall be final and shall not be open to arbitration. 14. A Schedule of Probable Quantities in respect of each work and Specifications accompany these Special Conditions. The Schedule of Probable Quantities is liable to alteration by omissions, deductions or additions at the discretion of the Architect. Each tender should contain not only the rates but also the value of each item of work entered in a separate column and all the items should be totaled in order to show the aggregate value of the entire tender. 15. The tenderer must obtain for himself, on his own responsibility and at his own expense, all the information which may be necessary for the purpose of making a tender and for entering into a contract and must examine the drawings, inspect the site of the work, and acquaint himself with all local conditions, means of access to the work, nature of the work and all matters appertaining thereto.

11 16. The rates quoted in the tender shall include all charges for water, electric consumption, meters, scaffoldings, watching and lighting by night as well as day including Sundays and holidays, temporary electric supply, protection of the public and safety of adjacent roads, streets, cellars, vaults, ovens, pavements, walls, houses, buildings and all other erections, matters or things and the Contractor shall take down and remove any or all such centering, scaffolding etc. as occasion shall require or when ordered to do so, and fully reinstate and make good all matters and things disturbed during the execution of work and to the satisfaction of the Bank. 17. The basic price quoted shall be deemed to be for the finished work to be measured at site. The basic price shall also be firm and shall not be subject to exchange variations, labour conditions, fluctuations in railway freights or any conditions, whatsoever, except for adjustment as specified in Price Variation Formula. Tenderers must indicate separately the rates of sales tax, works contract tax, excise duty, octroi levied by the Central Government or any State Government or Local Authority, as applicable on the due date of tender. 18. The following price variation clauses are applicable for this contract. (a) On the contract value P O 55MP 15W O (D) 15WO(I) P = { } 100 MP O W O W O P = New Basic Price payable as adjusted in accordance with the above price variation formula. P O = Basic Price (quoted cost) of lift installation MP O = Wholesale price index number for Metal Products as published by the Reserve Bank of India in monthly bulletin (Base = 100) W O = Consumer price index number for Industrial Workers (Base 1982 = 100) as published by the Reserve Bank of India in monthly bulletin. The above index numbers i.e. MP O and W O are those published by Reserve Bank of India as prevailing in the calendar month three months prior to the month of quotation (excluding the month of quotation). MP = Wholesale price index number for metal products as published by t he Reserve Bank of India in their monthly bulletin. The applicable wholesale price index number for metal products would be that prevailing on the month three months prior to the month of commencement of delivery (excluding the month of delivery). (Base = 100). W O (D) = Consumer price index number for Industrial Workers (Base 1982 = 100) as published by the Reserve Bank of India in monthly bulletin for the month three months prior to the month of commencement of delivery of manufactured materials excluding the month of delivery. W O (I) = Consumer price index number for Industrial Workers (Base 1982 = 100) as published by the Reserve Bank of India in monthly bulletin. The applicable consumer price index numbers for Industrial Workers would be for the month three months prior to the date of completion of installation excluding the month of completion. No escalation on materials will be applicable beyond the committed date of delivery as per clause 18 above. Similarly no escalation on site labour component will be applicable beyond the contractual completion period if the installation is delayed beyond contractual completion period.

12 (b) For all inclusive service contract A p MP c WI c A c = (50 x x ) 100 MP p WI p A c = The contract amount for the current year. A p = The contract amount for the previous year. MP c = Wholesale price index number for Metal Products 3 months prior to the commencement date of contract for the current year. MP p = Consumer price index number for Metal Products 3 months prior to the commencement date of contract for the previous year. WI c = Consumer Price Index for Industrial Workers for Mumbai 3 months prior to commencement date of contract for the current year. WI p = Consumer Price Index for Industrial Workers for Mumbai 3 months prior to the commencement date of contract for the previous year. 19. The final contract amount (including price variation, changes in rates of excise duty, sales tax (Work Contract Tax/VAT and Entry Tax) will be arrived at as under. (a) (b) (c) The price variation formula will be applied on the basic price quoted and the revised basic price will be arrived at. (i) When there is no change in the rates of excise duty or entry/octroi or works contract tax, the amount of excise duty, works contract tax and entry tax/octroi will be worked out considering the revised basic price, and new amounts of excise duty, works contract tax and entry tax/octroi will be added to the revised basic price, to arrive at the final contract amount. (ii) Whenever there is a statutory change (to be supported by documentary evidence) in the rate of excise duty, VAT, entry tax/octroi and works contract tax/sales tax, the new amounts of excise duty, works contract tax and entry tax/octroi as per the statutory changes will be worked out, and added to the revised basic price, to arrive at the final contract amount. The percentage of basic price on which the excise duty (assessable value) is applicable shall remain the same as indicated at the time of tendering and no change in this will be acceptable. 20. Time allowed for carrying out the work, as mentioned in the Memorandum, shall be strictly observed by the Contractor and it shall be reckoned from the 10 th day after written order to commence the work is issued. The work shall throughout the stipulated period of the contract be preceded with all the diligence and if the contractor fails to complete the work within the specified period, he shall be liable to pay compensation as defined in clause 27 of the conditions on page 24 of contract. The tenderer shall before commencing work prepare a detailed work programme which shall be approved by the Architect and the Employer. The tenderers shall indicate the time schedule as per the broad items of work listed below. (a) Submission & approval of drawings 6 Weeks from award of work (as per clause 11) (b) (c) Delivery of materials at site Dismantling & taking away of existing lifts 2 Weeks from above (d) Installation of lifts 10 Weeks from above (e) Testing & commissioning of lifts 4 Weeks from above As also obtaining licence * Material may be got inspected in factory before dispatch 8 Weeks from above *

13 21. The following insurance covers shall be taken. All these policies shall be for this specific work and shall be in the joint names of Reserve Bank of India and the Contractor. Storage, erection, testing and commissioning policy. Workmen compensation policy for the employees of the contractor at site. Third party liability policy for a total of Rs. 5 lakhs and with a limit of Rs. 1 lakh per accident. These policies shall be valid till the completion of work in all respects. If these policies are not provided by the contractor by the time the works are commenced at site, the Bank reserves the right to take the above insurance policies themselves and recover the cost thereof from the bill of the contractor. 22. Guarding and protecting hoist way shall be responsibility of the tenderer from the date of commencement of work at site. It should be ensured strictly for safety of residents. 23. The Bank shall provide 1 No. TPN switch fuse unit of the required capacity for each lift, suitable capacity MCB DB with necessary earth leads in the machine room for lift power and lights respectively. 24. Tenders will be considered only from recognized firms of long standing, who have to their credit large lift installation works. Each tenderer shall submit with his tender a list of large works of like nature he has executed, giving details as to their magnitude and cost, the proportion of work done by the Contractor in it and the time within which the works were completed. 25. The contractor shall not be entitled to any compensation for any loss suffered by him on account of delays in commencing or executing the work, whatever the cause of delays may be, including delays arising out of modifications to the work entrusted to him or in any sub-contract connected therewith or delays in awarding contracts for other trades of the project or in commencement or completion of such works or in procuring Government controlled or other building materials or in obtaining water and power connection for construction purpose or for any claim in respect thereof. The Employer does not accept liability for any sum besides the tender amount, subject to such variations as are provided for herein. 26. The successful tenderer is bound to carry out all items of work necessary for completion of the job even though such items are not included in the quantities and rates. Schedule of instruction in respect of such additional items and their quantities will be issued in writing by the Bank. 27. A brief specification and design data accompany these special conditions. It is not to be accepted as final by any means. The tenderers are expected to explain in detail the various designs in lift mechanism offered, which would give a more enhanced working and finish. 28. The successful tenderer must co-operate with the other contractors appointed by the Bank so that the work shall proceed smoothly with the least possible delay. He should make his own arrangement for storage and protection of all materials supplied by him. 29. The contractor must bear in mind that all the work shall be carried out strictly in accordance with the specifications made by the Architect and also in compliance of the requirement of the local public authorities and to the requirements of the Lift Inspectorate and any other Acts/Rules/Regulations and no deviation on any account will be permitted. 30. The successful tenderer shall obtain and pay for necessary inspection fee levied by the Government and/or any other authorities and obtain necessary permit as required and also conduct such tests as are called for by the regulation of the authorities without any extra cost to the Employer. The inspection fee will be reimbursed by the Bank. The work will be considered virtually completed only from the date of obtaining the licence/permit from the lift inspector for operating the lifts.

14 31. The entire equipment shall be guaranteed to be free from defective workmanship or materials and any defects that may appear within 12 months from the date of issue of completion certificate, which in the opinion of the Architect have arisen from bad workmanship or materials, shall upon intimation by the Architect, be made good by the Contractor at his own cost within the time specified. During the said period of 12 months, the successful tenderer shall make periodical inspection of the working of the lifts free of charge at least once a month or earlier, if required, and attend to the lubrication of the various parts and such other service that may be required of him. 32. In the event of its being necessary to import any materials of foreign manufacture, the tenderer should obtain the same against his own normal licence quota, and should not look to the Employer for any assistance, whatsoever, for their procurement. 33. The rate quoted in the tender shall also include electric consumption charges for power. If power is available at the site, the Contractor shall have to make his own arrangements to obtain the connection from the available source at his own expense and maintain an efficient service of electric light and power and shall pay for the electricity consumed and maintain the installations at his own cost. If no power is available at the site, the Contractor shall have to make his own arrangements to obtain power connections and maintain at his own expense an efficient service of electric light and power and shall pay for the electricity consumed. However, power for testing and commissioning shall be provided by the Bank. 34. The payment for the works to be executed under this contract shall be made as follows and no variation in the mode of payment will be acceptable to the Reserve Bank of India. (a) 60% of the contract pro-rata against delivery of materials at site after checking the same (b) 20% of the contract pro-rata on completion of installation & erection (c) 10% of the contract pro-rata on testing/commissioning (d) 10% on obtaining certificate from the competent authorities of the state government and on handing over of the lift installation for regular use by the Bank. 35. All compensation or other sums of money payable by the contractor to the Employer under the terms of this contract may be deducted from the money held by the Employer under clause 34 above, if the amount so permits. 36. The term Architect wherever appears shall mean Chief General Manager, Reserve Bank of India, Estate Department, Mumbai I/We hereby declare that I/we have read and understood the above instructions for the guidance of the tenderers. Witness Address Signature, name & stamp of tenderer Address Date Date

15 (5) Safety Code 1. First-aid appliances, including adequate supply of sterilized dressings and cotton wool, shall be maintained in a readily accessible place. 2. The injured person shall be taken to a public hospital without loss of time, in cases where the injury necessitates hospitalization. 3. Suitable and strong scaffolds should be provided for workmen for all works that cannot safely be done from ground. 4. No portable single ladder shall be over 8 meters in length, the width between the side rails not less than 30 cm (clear) and the distance between two adjacent rungs shall not be more than 30 cm. When a ladder is used, an extra mazdoor shall be engaged for holding the ladder. 5. The excavated material shall not be placed within 1.5 meters of the edge of the trench or half of the depth of the trench, whichever is more. All trenches and excavations shall be provided with necessary fencing whose minimum height shall be one metre. 6. Every opening in the floor of a building or a working platform shall be provided with suitable means to prevent the fall of persons or materials by providing suitable fencing or railing whose minimum height shall be one metre. 7. No floor, roof or other part of the structure shall be so over-loaded with debris or materials as to render it unsafe. 8. Workers employed on mixing and handling material such as asphalt, cement, mortar or concrete and lime mortar shall be provided with protective footwear and rubber hand-gloves. 9. Those engaged in welding works shall be provided with welder s protective eyeshields and gloves. 10. No paint containing lead or lead products shall be used except in the form of paste or readymade paint. 11. Suitable facemasks should be supplied for use by the workers when the paint is applied in the form of spray or surface having lead paint dry rubbed and scrapped. 12. Hoisting machines and tackles used in the work, including their attachments, anchorage and supports shall be in perfect condition. 13. The ropes used in hoisting or lowering material or as a means of suspension shall be of durable quality and adequate strength and free from defects. Signature, name & stamp of tenderer

16 (6) The Conditions Hereinafter Referred To Interpretation Clause 1 In construing these Conditions, the Specifications, Schedule of Quantities and Contract Agreement, the following words shall have the meanings herein assigned to them except where the subject or context otherwise required. (a) Employer Shall mean The Reserve Bank of India and shall include its assigns and successors. (b) Contractor Contractor shall mean (in the case of a and partnership) trading in the name and style of and having a place of business at and shall include the partners for the time being of the said firm and the legal representatives of a deceased partner. (in the case of individual) Contractor shall mean Shri trading in the name and style of and shall include his heirs, successors and legal representatives. (in the case of Contractor shall mean Company) a company incorporated under and having its registered office at and shall include its successors and assigns. (c) Site Shall mean the site of the contract works including any building and erections thereon and any other land (inclusively) as aforesaid allotted by the Employer for the Contractor s use. (d) This Contract Shall mean the Articles of Agreement, the Special Conditions, the Conditions, the Appendix, the Schedule of Quantities and Specifications attached hereto and duly signed. (e) Notice in writing Or written notice shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known private or business address to have been received when in the ordinary course of post it would have been delivered. (f) Act of Insolvency Shall mean any Act of Insolvency ad defined by the Presidency Towns Insolvency Act or the Provincial Insolvency Act or any Act amending such original. (g) Net Prices If in arriving at the contract amount, the Contractor shall have added to or deducted from the total of the items in the Tender any sum, either as a percentage or otherwise, then the net price of any item in the tender shall be the sum arrived at by adding to or deducting from the actual figure appearing in the Tender as the price of that item a similar percentage or proportion of the sum so added or deducted by the Contractor the total amount of any Prime Cost items and provisional sums of money shall be deducted from the total amount of the tender. The expression net rates or net prices when used with reference to the contract or accounts shall be held to mean rates or prices so arrived at. (h) The works Shall mean the Supply and Installation of Lifts for Bank s for the Employer at as provided herein. Word importing persons include firms and corporations. Word importing the singular only also include the plural and vice-versa where the context requires.

17 Scope of Contract 2. The Contractor shall carry out and complete the said work in every respect in accordance with this Contract and with the directions of and to the satisfaction of the Architect. The Architect may in his absolute discretion and from time to time issue further drawings and/or written instructions, details, directions and explanations, which are hereafter collectively referred to as Architect s Instructions in regard to : (a) (b) (c) (d) (e) (f) (g) The variation or modification of the design, quality or quantity of works or the addition or omission or substitution of any work. Any discrepancy in the Drawings or between the Schedule of Quantities and/or Drawings and/or Specifications. The removal from the site of any materials brought thereon by the Contractor and the substitution of any other material therefor. The removal and/or re-execution of any works executed by the Contractor. The dismissal from the works 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 19 hereof. The Contractor shall forthwise comply with and duly execute any work comprised in such Architect s instructions provided always that verbal instructions, directions and explanations given to the Contractor or his representatives upon the works by the Architect shall, if involving a variation, be confirmed in writing by the Contractor within seven days, and if not dissented from in writing within a further seven days by the Architect, such shall be deemed to be Architect s instructions within the scope of the Contract. Variations to be approved by Employer Notwithstanding anything herein contained, the Architect or his representative shall not, without the prior, concurrence in writing of the Employer, issue any instructions, verbal or in writing, which will result in the Employer having to pay the Contractor an additional sum greater than Rs.2, and all instructions issued to the Contractor should forthwith be brought to the notice of the Employer. The Contractor shall submit through the Architect, a statement of variations giving a quantity and rates duly supported by analysis of rates, vouchers etc. The rates on scrutiny and final acceptance by the Employer shall form a supplementary tender. The Employer shall not be liable for payment of such variations until these statements are sanctioned by it. Drawings, Schedule Of Quantities & Agreement 3. The Contract shall be executed in triplicate and the Architect, the Employer and the Contractor shall be entitled to one executed copy each for his use. The Contractor on the signing hereof shall be furnished by the Architect free of cost one copy of each of the said Drawing and of the Specifications and one copy of all further Drawings issued during the progress of the works. Any further copies of such Drawings required by the Contractor shall be paid for by him. The Contractor shall keep one copy of all Drawings on the works and the Architect or his representative shall at all reasonable times, have access to the same. Before the issue of the final certificate to the Contractor, he shall forthwith return to the Architect, all Drawings and Specifications. Contractor to provide everything necessary at his cost 4. The Contractor shall provide at his cost, everything necessary for the proper execution of the works according to the intent and meaning of the Drawings, Schedule of Quantities and Specifications taken together whether the same may or may not be particularly shown or described therein provided that the same can reasonably be inferred therefrom, and if the Contractor finds any discrepancy in the Drawings or between the Drawings, Schedule of Quantities and Specifications, he shall immediately and in writing refer same to the Architect who shall decide which is to be followed.

18 Authorities, Notices and Patents 5. The Contractor shall conform to the provisions of any Act of the Legislature relating to the works, and to the regulations and bye-laws of any authority, and of any water, electric supply and other companies and/or authorities with whose systems, 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 Architect, written notice, specifying the variation proposed to be made and the reason for making it and apply for instructions thereon. In case the Contractor shall not receive such instructions within ten days, he shall proceed with the work conforming to the provisions, regulations or bye-laws, in question, and any variation so necessitated shall be dealt with under Clause No.13 thereof. The Contractor shall bring to the attention of the Architect, all notices required by the said Acts, regulations or bye-laws to be given to any authority and pay to such authority, or to any public office, all fees that may be properly chargeable in respect of the works, and lodge the receipts with the Architect. The Contractor shall indemnify the Employer against all claims in respect of rights, and shall defend all actions arising from claims, and shall himself pay all royalties, license fees, damages, cost and charges of all and every sort that may be legally incurred in respect thereof. Setting out of works 6. The Contractor shall set out the works and shall be reasonable for the true and perfect setting out of the same and for the correctness of the positions, levels, dimensions, and alignment of all parts thereof. If at any time any error in this respect shall appear during the progress of the works within a period of one year from the completion of the works, the Contractor shall, if so required, at his own expense, rectify such error to the satisfaction of the Architect. Materials and workmanship to conform the descriptions 7. All materials and workmanship shall so far as procurable be of the respective kinds described in the Schedule of Quantities and/or Specifications and in accordance with the Architect s instructions, and the Contractor shall upon the request of the Architect furnish him with all invoices, 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 any materials which the Architect may require. Contractor s superintendence and representative on the works 8. The Contractor shall give all necessary personal superintendence during the execution of the works, and as long thereafter as the Architect may consider necessary until the expiration of the Defects Liability Period stated in the Appendix hereto. The Contractor shall also during the whole time the works are in progress, employ a competent representative who shall be constantly in attendance at the works while the men are at work. Any directions, explanations, instructions or notices given by the Architect to such representative shall be held to be given to the Contractor. Dismissal of Workmen 9. The Contractor shall on the request of the Architect, immediately dismiss from the works, any person employed thereon by him who may, in the opinion of the Architect, be incompetent or misconduct himself and such persons shall not be again employed on the works, without the permission of the Architect.

19 Access to Works 10. The Employer, the Architect and their respective representatives shall at all reasonable times have free access to the works and/or the workshops, factories or other places where materials are lying or from which they are being obtained and the Contractor shall give every facility to the Employer, the Architect and their representatives necessary for inspection and examination and test of the materials and workmanship. No person not authorised by the Employer or the Architect except the representatives of public authorities shall be allowed on the works at any time. Assistant Manager (Tech) 11. The term Assistant Manager (Tech) shall mean the person appointed and paid by the Employer and acting under the orders of the Architect to inspect the works in the absence of the Architect, the Contractor shall afford the Assistant Manager, every facility and assistance for inspecting the works and materials and for checking and measuring time and materials. Neither the Assistant Manager (Tech) nor any representatives of the Architect shall have power to set out works or to revoke, alter, enlarge or relax any requirements of the Contract or to sanction any work, additions, alterations, deviations or omissions or any extra work whatever, except in so far as such authority may be specially conferred by a written order of the Architect with the prior concurrence in writing of the Employer. The Assistant Manager (Tech) or any representative of the Architect, or the Employer shall have power to give notice to the Contractor or to his representative of non-approval of any work or materials and such work shall be suspended or the use of such materials shall be discontinued by the Architect, the Assistant Manager or the Architect s representative, but such examination shall not in any way exonerate the Contractor from the obligation to remedy any defects which may be found to exist at any stage of the works or after the same is completed. Subject to the limitation of this Clause the Contractor shall take instructions only from the Architect. Assignments and Sub-letting 12. The whole of the works included in the Contract shall be executed by the Contractor and the Contractor shall not directly or indirectly transfer, assign or under-let the Contract or any part share thereof or any interest therein without the prior written consent of the Employer, and no undertaking shall relieve the Contractor from the full and entire responsibility of the Contract or from active superintendence of the works during their progress. 13 No alteration, omission or variation shall vitiate this Contract but in case the Architect thinks proper at any time during the progress of the works to make any alterations in or additions to or omissions from the works or any alteration in the kind or quality of the materials to be used therein and shall give notice thereof in writing under his hand to the Contractor, the Contractor shall alter, add to or omit from, as the case may be, in accordance with such notice but the Contractor shall not do any work extra to or make any alterations or additions to or omissions from the works or any deviation from any of the provisions of the Contract, Stipulation, Specifications or Contract Drawings without the previous consent in writing of the Architect and the value of such extras, alterations, additions or omissions shall in all cases be determined by the Architect, with the prior approval in writing of the Employer in accordance with the provisions of Clause 17 hereof, and the same shall be added to or deducted from the Contract Amount, as the case may be, accordingly. Schedule of Quantities 14. The Schedule of Quantities, unless otherwise stated, shall be deemed to have been prepared in accordance with the Standard Method of Measurement.

20 Any error in description or in quantity or in omission of items from the Schedule of Quantities shall not vitiate this contract but shall be rectified and the value thereof as ascertained under Clause 17 hereof, shall be added to, or deducted from, the Contract Amount (as the case may be) provided that no rectification of errors, if any, shall be allowed in the Contractor s Schedule of Rates. Sufficiency of Schedule of Quantities 15. The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the works and of the prices stated in the Schedule of Quantities and/or the Schedule of Rates and Prices which rates and prices shall cover all his obligations under the Contract, and all matters and things necessary for the proper completion of the works. Measurement of Works 16. The Architect may from time to time intimate to the Contractor and the Employer that he requires the works to be measured, and the Contractor shall forthwith attend or send a qualified Agent to assist the Architect or the Architect s representative or the Assistant Manager (Tech) in taking such measurements and calculations and to furnish all particulars or to give all assistance required by any of them. Should the Contractor not attend or neglect or omit to send such Agent, then the measurement taken by the Architect or a person approved by him shall be taken to be correct measurements of the works. Such measurements shall be taken in accordance with the Mode of Measurement detailed in the Specifications. The Contractor or his Agent may at the time of measurement take such notes and measurements as he may require. All authorised extra works, omissions and all variations made without the Architect s knowledge, if subsequently sanctioned by him in writing (with the prior approval in writing of the Employer) shall be included in such measurements. Prices for extra etc. ascertainment of 17. The Contractor may, when authorised, and shall, when directed in writing by the Architect with the approval of the Employer, add to, omit from, or vary the works shown upon the drawings, or described in the Specification, or included in the Schedule of Quantities, but the Contractor shall make no addition, omission or variation without such authorisation or direction. A verbal authority or direction by the Architect shall, if confirmed by him in writing seven days, be deemed to have been given in writing No claim for any extra shall be allowed unless it shall have been executed under provisions of Clause 5 hereof or by the authority of the Architect with the concurrence of the Employer as herein mentioned. Any such extra is herein referred to as authorised extra and shall be made in accordance with the following provisions. (a) (i) The net rates or prices in the original tender shall determine the valuation of the extra work where such extra work is of similar character and executed under similar conditions as the work priced therein. (ii) Rates for all items, wherever possible, should be derived out of the rates given in the Priced Schedule of Quantities. (b) The net prices of the original tender shall determine the value of the items omitted, provided if omissions vary the conditions under which any remaining items of works are carried out, the prices for the same shall be valued under sub-clause (c) hereof.