FROM CATEGOR RY F-2, F3 & F-4

Transcription

1 SBI INFRA MANAGEMENT SOLUTIONS PVT. LTD. (A WHOLLY OWNED SUBSIDIARY OF SBI) TENDERS FOR PROPOSED LOOSE & FIXED FURNITURE WORKS FOR MANEK CHOWK BRANCH AT PORBANDAR DISTT PORBANDARR FROM THE SBI APPROVED EMPANELLED FURNITURE CONTRACTORS UNDER CATEGOR RY F-2, F3 & F-4 PART A: TECHNICAL BID TENDER SUBMITTED BY: NAME ADDRESS : : DATE : ARCHITECT: MAHESH DESAI 10-B, SUMERU, NR. PARIMAL RAILWAY UNDER PASS, PALDI, AHMEDABAD PHONE: (M) 1

2 NOTICE INVITING TENDERS SBIIMS on behalf of SBI through its Architect M/s. MAHESH DESAI invites tender in two bid systems that is technical bid in sealed cover (a) and price bid in sealed cover (b) from SBI Empanelled contractors under appropriate category for captioned work. The SBI Empanelled contractors who receives NIT from Architect are only entitled to quote for this tender. The details of tender are as under: S.No. Description 1. Name of work Proposed Interior works for Manek Chowk Branch at Porbandar, Distt. Porbandar. 2. Nature of Work Loose & fixed furniture Work 3. Time allowed for completion (45 days) 1 ½ Months from date of acceptance of work order. 4. Application fees Rs Non- refundable (To be depositedd along with Tender Part-A by way of Demand Draft in favour of SBI Infra Management Solutions Pvt. Ltd. and payable at Ahmedabad / SBI Bank Cheque of said amount can also be deposited) 5. Earnest Money Deposit Rs. 11,000.00/ /- (Eleven thousand only) by means of Demand Draft / Pay Order (Valid for a period of 180 Days from last date of submission of tender) from any scheduled Nationalized Bank drawn in favour of State Bank of India and payable at Porbandar. 6. Initial Security Deposit 2% of contract amount including EMD 7. Total Security deposit 5% of final bill amount including ISD. 8. Start and end date for to at in downloading of tenderunder<link>procurement news. documents website form Bank s 9. Last date & time for by 3.00 PM submission of Technical & price bid, EMD and Application Fees. 2

3 10. Address at which TechnicalCircle Head & Vice President, bid (hard copy) along withsbi Infra Management Solutions Pvt. Ltd. EMD & tender document inthird Floor, SBI, LHO, Bhadra, Laldarwaja sealed cover (a) and priceahmedabad bid in sealed cover (b) has to be submitted 11. Date and time of opening of at 3:30 PM Technical bid at SBIIMS, Circle Office address mentioned at Sr. No Date & time for Date and time for submission of indicative price submission of onlinebid will be informed to qualified contractor indicative price bid. separately after scrutiny of ir Technical bid. 13. Date & time for opening of online indicative price bid. Date and time will be informed to qualified contractor separately. 14. Date & time for e-reverse auction 15. Liquidated Damages 16. Defects liability period Date and time for e-reverse auction will be informed to qualified contractor separately. 0.50% of contract amount per weeks subject to max. 5% of contract value or final bill value. 12 Months from date of Virtual Completion 17. Validity of offer 18. Value of Interim Certificate 90 days from date of opening of Price-bid Rs. 8 Lakhs. No advance on materials / plant / machinery or mobilization advance shall be paid under any circumstances 3

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

5 FORM TENDER To, The Circle Head & VP (Civil), Circle Office, SBI Infra Management Solutions Pvt. Ltd., Ahmedabad Dear Sir, Having examined drawings, specification, design and schedule of quantities relating to works specified in memorandum hereinafter set out and having visited and examined site of works specified in said memorandum and having acquired requisite information relating reto as affecting tender, I/We hereby offer to execute works specified in said memorandum at rates mentioned in attached Schedule of Quantities and in accordance in all respects with specifications, design, drawings and instructions in writing referred to in conditions of tender, Articles of Agreement, Special Conditions, Schedule of Quantities and Conditions of Contract and with such materials as are provided for by, and in all or respectss in accordance with such conditions so far as y may be applicable. MEMORANDUMM Description of work Proposed Loose & Fixed Furniture works for Manek Chowk Branch at Porbandar Distt.Porbandar. Earnest Money Rs.11,000.00/- (Eleven thousand only) by means of Demand Draft / Pay Order (Valid for a period of 180 Days from last date of submission of tender) from any scheduled Nationalized Bank drawn in favour of State Bank of India and payable at Porbandar. Percentage, if any, to be deducted from Bills and total amount to be retained 10 % from Running Bills, subject to maximumm Total 5% of contract amount or actual Final Bill value including EMD & Initial Security Deposit. Time allowed for completion of 1 ½ (Two) months (45 days) Works from fourteenth day after date of written order or date of handing over of site (whichever is later)to commence work I/We have deposited a sum of Rs.11,0000 /-(Rupees eleven thousand only) of total tender amount as Earnest Money with State Bank of India which is not to bear any interest. Should I / We fail to execute Contract when called upon to do so I/ We do hereby agree that this sum shall be forfeited by me/ /us to SBI Infra Management Solutions. 5

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

7 SAMPLE BUISNESS RULE DOCUMENT ONLINE E-TENDERING FOR PROPOSED LOOSE & FIXED FURNITURE WORKS FOR MANEK CHOWK BRANCH AT PORBANDARR DISTT. PORBANDAR, (A) Business rules for E-tendering: 1. Only empanelled electrical contractors with SBI under appropriate category who are invited by project Architect/SBIIMS shall only be eligible to participate. 2. SBIIMS will engage services of an E-tendering service provider who will provide necessary training and assistance beforee commencement of online bidding on Internet. 3. In case of e-tendering, SBIIMS will inform vendor in writing, details of service providerr to enable m to contact and get trained. 4. Business rules like event date, closing and opening time etc. also will be communicated through service provider for compliance. 5. Contractors have to send by , compliance form in prescribed format (provided by service provider), before start of E-tendering. Without this vendor will not be eligible to participate in event. 6. The Contractors will be required to submit various documents in sealed Envelope to office of SBI Infra Solutions Pvt Ltd. at address mentioned hereinbefore by stipulated date i.e. (1) Hard Copy of Technical Bid duly signed and stamped on each page (2) Demand Draft of specified amount of EMD (3) Demand Draft / Cheque of Application Fees (4) Certified copy of Work Licenses). Contractors not submitting any one or more documents shall not be eligible to participate in on-line price bidding. 7. E-tendering will be conducted on schedule date &time. 8. The e-tendering will be treated as closed only when bidding closed in all respects for item listed in tender. (B) Terms & conditions of E-tendering: process gets SBIIMS shall finalize Tender through e-tendering mode for which M/s. e- Procurement Technology, Ahmedabad has been engaged by SBIIMS as an authorized service provider. Please go through guidelines given below and submit your acceptance to same along with your Commercial Bid. 1. E-tendering shall be conducted by SBIIMS throughh M/s. e-procurement Technology, Ahmedabad, on pre-specifie d date. While Contractors shall be quoting from ir own offices/ place of ir choice, Internet connectivity and or paraphernalia requirements shalll have to be ensured by Contractors mselves. In event of failure of ir Internet connectivity,(duee to any reason whatsoever it may be) it is bidders responsibility. 7

8 In orderr to ward-off such contingent situation bidders are requested to make all necessary arrangements / alternatives such as back up power supply whatever required so that y are able to circumvent such situation and still be able to participate in E-tendering successfully. Failure of power at premises of Contractors during E-tendering can not be cause for not participating in E-tendering. On account of this time for E-tendering can not be extended and SBIIMS is not responsible for such eventualities. 2. M/s. e-procurement Technology, Ahmedabad., shall arrange to train your nominated person(s), without any cost to you. They shall also explain you all Rules related to E- tendering. You are equired to give your compliance on it before start of bid process. 3. Bidding currency and unit of measurement: Bidding will be conducted in Indian currency & Unit of Measurement will be displayed in Online E-tendering. 4. Bid Price: The Bidder has to quote SBIIMS ir appointed Architects. rate as per Tender Document provided by 5. Validity of Bids: The Bid price shall be firm for a period specified in tender document and shall not be subjected to any change whatsoever. 6. Procedure of E-tendering: i. Online E-tendering: (a) The hard copy of Technical as well during period specified in NIT. as Price Bid is available on Bank s website (b) Online e-tendering is open to empanelled bidders who receive NIT from Architect and qualified for participating in price bidding as provisions mentioned hereinabove through SBIIMS approved Service Provider. (c) The Price-Bid shall be made available online by Service Provider wherein contractors will be required to fill-in ir Item-wise rates for each item. (d) The Contractors are advised not to wait till last minute to submit ir online item- network problems, system crash down, power failure, etc. wise quote in price bid to avoid complications related with internet connectivity, (e) It is mandatory to all bidders participating in price bid to quote ir rates for each and every item. (f) In case, contractor fails to quote ir rates for any one or more tender items, ir tender shall be treated as Incomplete Tender and shall be liable for rejection. 8

9 7. Log in Name and Password: Each Bidder is assigned a Unique User Name & Password by M/s. e-procurement Technology, Ahmedabad. The Bidders are requested to change Password after receipt of initial Password from M/ s. e- Procurement Technology, Ahmedabad. All bids made from Login ID given to bidder will be deemed to have been made by bidder. 8. Bids placed by bidder: Bids will be taken as an offer to execute work as specified. Bids once made, cannot be cancelled / withdrawn and Bidder shall be bound to execute work at quoted bid price. In case L-1 Bidder backs out or fail to complete work as per rates quoted, SBIIMS shall at liberty to take action as deemedd necessary including de-paneling such contractors and forfeiting ir EMD 9. At end of E-tendering, SBIIMS will decide upon winner. SBIIMS decision on award of Contract shall be final and binding on all Bidders. 10. SBIIMS shall be at liberty to cancel ordering, without assigning any reason. E-tendering process/tender at any time, before 11. SBIIMS shall not have any liability to bidders for any interruption or delay in access to site irrespectivee of cause. 12. Or terms and conditions shall be as per your correspondences till date. techno-commercial offers and or 13. OTHER TERMS & CONDITIONS: - The Bidder shall not involve himself or any of his representatives in Price manipulation of any kind directly or indirectly by communicating with or suppliers / bidders. - The Bidder shall not divulge eir his Bids or any any or party. or exclusive details of SBIIMS to - SBIIMS decision on award of Contract shall be final and binding on all Bidders. - - SBIIMS reserve ir rights to extend, reschedule or cancel any E-tendering within its sole discretion. - SBIIMS or its authorized service provider M/s. e-procurement Technology, Ahmedabad shall not have any liability to Bidders for any interruption or delay in access to site irrespectivee of cause. - SBIIMS or its authorized service provider M/s. e-procurement Technology, Ahmedabad is not responsible for any damages, including damages that result from, but are not limited to negligence. 9

10 - SBIIMS or its authorized service M/s. e-procurement Technology, Ahmedabadd will not be held responsible for consequential damages, including but not limited to systems problems, inability to use system, loss of electronic information etc. N.B. - - All Bidders are required to submit Process Compliance Statement (Annexure-II) duly signed to M/s. e-procurement Technology, Ahmedabad. All bidders are requested to ensure that y have a valid digital signature certificate well in advance to participate in online event. 10

11 PROCESS COMPLIANCE STATEMENT (ANNEXURE II) (The bidders are equired to print this on ir company s letter head and sign, stamp before ing) To, M/s. e-procurement Technology, B-705, Wall Street - II, Opp. Orient Club, Ellisbridge, Ahmedabad , State Gujarat, India E:yashrajsinh@auctiontiger.net D: / AGREEMENT TO THE PROCESS RELATED TERMS AND CONDITIONS FOR THE ONLINE E-TENDERING FOR PROPOSED LOOSE & FIXED FURNITURE WORKS FOR MANEK CHOWK BRANCH AT PORBANDARR DISTT. PORBANDAR. Dear Sir, This has reference to Terms & Conditions for E-tendering mentioned in tender document This letter is to confirm that: 1) The undersigned is authorized representative of company. 2) We have studied Commercial Terms and Business rules governing E- tendering as mentioned in RFP of SBIIMS as well as this document and confirm our agreement to m. 3) We also confirm that we have taken training on E-tendering tool and have understood functionality of same thoroughly. 4) We confirm that SBIIMS and M/s. e-procurement Technology, Ahmedabad shall not be liable & responsible in any manner whatsoever for my/our failure to access & bid on e-e-tenderinattack, problems with PC, any or unforeseenn circumstances etc. before or during E- tendering event. 5) We confirm that we have a valid digital signature certificate issued by a valid Certifying Authority. platform due to loss of internet connectivity, electricity failure, virus 11

12 6) We, hereby confirm that we process. With regards, Date: will honor Bids placed by us during E-tendering Signature with company seal Name: Company / Organization: Designation within Company / Organization: Address of Company / Organization: Scan it and send to this Document on

13 ARTICLES OF AGREEMENT (On non-judicial Stamp Paper of Rs. 500/- or as per latest Govt. Rules) ARTICLES OF AGREEMENT made date of between SBIIMS.., on behalf of SBI, having its office at Mumbai herein after called" Project Management Service provider" of One Part and WHEREAS SBIIMS Pvt Ltd is desirouss of and has caused drawings and specifications describing work to be done to be prepared by M/s. MAHESH DESAI, its Architects. AND WHERE AS said Drawings numbered to inclusive, Specifications and Schedule of Quantities have been signed by or on behalf of parties hereto. AND WHEREAS Contractor has agreed to execute upon and subject to Conditions set forth herein and to Conditions set forth herein in Special Conditions and in Schedule of Quantities and Conditions of Contract (all of which are collectively hereinafter referred to as said conditions ) works shown upon said Drawings and / or described in said Specifications and included in Schedule of Quantities at respective rates rein set forth amounting to sum as rein arrived at our such or sum as shall become payable re under (hereinafter referred to as said Contract Amount.) NOW IT IS HEREBY AGREED AS FOLLOWS: 1) In consideration of said Contract Amount to be paid at times and in manner set forth in said Conditions, Contractor shall upon and subject to said Conditions execute and complete work shown upon said Drawings and described in said Specifications and priced Schedule of Quantities. 2) The Employer shall pay to Contractor said Contract Amount, or such or sum as shall become payable, at times and in manner specified in said Conditions. The term Architects in said Conditions shall mean M/s. MAHESH DESAI, or in event of ir ceasing to be Architects for purpose of this Contractt for whatever reason, such or person or persons as shall be nominated for that purpose by Employer, not being a person to whom Contractor shall object for reasons considered to be sufficient by Employer, PROVIDED ALWAYS that no person or persons subsequently appointed to be Architects under this Contract shall be entitled to disregardd or overrule any previous decisions or approval or direction given or 13

14 expressed in writing by outgoing Architects for time being. 3) The said Conditions and Appendix reto shall be read and construed as forming part of this Agreement, and parties hereto shall respectively abide by submit mselves to said Conditions and perform Agreements on ir part respectively in said Conditions contained. 4) The Plans, Agreements and Documents mentioned herein shall form basis of this Contract. 5) This Contract is neir a fixed lump-sum contract nor a piece work contract but a contractt to carry out work in respect of entire building complex to be paid for according to actual measured quantities at rates contained in Schedule of Quantities and Rates or as provided in said Conditions. 6) The Contractor shall afford every reasonable facility for carrying out of all works relating to civil works, installation of lifts, Telephone, electrical installations, fittings air- and shall make good any damages done to walls, floors, etc. after completion of his conditioning and or ancillary works in manner laid down in said Conditions, work. 7) The SBIIMS reserves to itself right of altering drawings and nature of work by adding to or omitting any items of work or having portions of same carried out without prejudice to this Contract. 8) Time shall be considered as essence of this Contract and Contractor hereby agrees to commence work soon after Site is handed over to him or from date of issue of formal work orderr as provided for in said Conditions whichever is later and to complete entire work within 45 days subject to neverlesss provisions for extension of time. 9) All payments by SBI under this contract will be made only at Ahmedabad. 10) All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen at Ahmedabad and only courts in Ahmedabad i shall have jurisdiction to determine same. 11) That several parts of this Contractt have been read by Contractor and fully understood by Contractor. IN WITNESS WHERE OF THE SBIIMS and Contractor have set ir respectivee hands to se presents and two duplicates hereof day and year first hereinabove written. SIGNATURE CLAUSE SIGNED AND DELIVERED by By (Employer) 14

15 hand of Shri (Name and Designation) In (Signature of Employer) presence of: 1) Shri /Smt. (Signature of Witness) Addresss (Witness) SIGNED AND DELIVERED by (Contractor) By (Signature of Contractors) in presence of: Shri/ Smt. Addresss (Signature of Witness) (Witness) 15

16 SECTION 1 INSTRUCTIONS TO THE TENDERERS 1.0 Scope of work Sealed Tenders followed by e-reversee auction are invited by M/s.Mahesh Desai, Architects, Ahmedabad, for and behalf of SBI / SBIIMSPL for work of Proposed Loose & fixed furniture works for Manek Chowk Branch at Porbandar Distt. Porbandar. 1.1 Site and its location The proposed work is to be carried out Porbandar. 2.0 Tender documents at Manek Chowk Branch at Porbandar Distt. 2.1 The work has to be carried out strictly according to conditions stipulated in tender consisting of following documents and most workmen like manner. Instructions to tenderers General conditions of Contract Special conditions of Contract Additional Specifications Drawings Priced bid A 2.2 The above documents shall be taken as complementary and mutually explanatory of one anor but in case of ambiguities or discrepancies, shall take precedence in order given below; a) Price Bid b) Additional Specifications c) Technical specifications d) Drawings e) Special conditions of contract f) General conditions of contract g) Instructions to Tenderers 2.3 Complete set of tender documents including relative drawings can be downloaded from website 16

17 2.4 The tender documents are not transferable. 3.0 Site Visit: 3.1 The tenderer must obtain himself on his own responsibility and his own expenses all information and data that may be required for purpose of filling this tender document and enter into a contract for satisfactory performance of work. The tendererr is requested satisfy himself regarding availability of water, power, transport and communicationn facilities, character quality and quantity of materials, labour, law and orderr situation, climatic conditions local authorities requirement, traffic regulations etc; The tenderer will be fully responsible for considering financial effect of any or all factors while submitting his tender. 4.0 Earnest Money: 4.1 The tenderers are requested to submit Earnest Money of Rs.11,000/- (Rupees eleven thousand only by means of Demand Draft/Pay Order(Valid for a period of 180 Days from last date of submission of tender) from any scheduled Nationalized Bank drawn in favour of State Bank of India and payable at Porbandar. 4.2 EMD in any or form or than as specified above will not be accepted. Tender not accompanied by EMD in accordance with clause 4.1 above shalll be rejected. 4.3 No interest will be paid on EMD. 4.4 EMD of unsuccessful tenderer will be refunded within 30 days of award of Contract. 4.5 EMD of successful tenderer will be retained as a part of security deposit. 5.0 Initial/ Security Deposit: The successful tenderer will have to submit a sum equivalent to 2% of accepted tender value less EMD by means of DD drawn in favour of SBIIMSS Payable at Ahmedabad within a period of 7 days of acceptance of tender. 6.0 Security Deposit: Total security deposit shall be 5% of contract value. Out of this 2% of contract value is in form of Initial Security Deposit (ISD) which includes EMD. Balance 3% shall be deducted from running account bill of work at rate of 10% of respective running account bill i.e., deduction from each running bill account will 10% till Total Security Deposit (TSD) including ISD reaches to 5% of contract value. The 50% of Total Security Deposit shall be paid to contractt on basis of architect s certifying virtual completion. The balance 50% would be paid to contractors after defects liability period as specified in contract 17

18 Additional Security Deposit: In case L-1 bidder quotes abnormally low rates (i.e. 10% or more, below estimated project cost), bank may ask such bidder to deposit additional security deposit (ASD) equivalent to difference of estimated cost vis-à-vis L-1quoted amount for due fulfillment of contract. Such ASD could be in joint name of Bank and bidder in form of FDR / Bank s guarantee as per format approved by Bank. On successful completion of work ASD will be returned to contractor. In case contractor fails to completee work in time or as per tender specification or leavee job incomplete, bank will be at liberty to recoverr dues from ASD or to forfeit such ASD as case may be within its sole discretion. No interest shall be paid to amount retained by Bank as Security Deposit for defect liability period of one year from date virtual completion certificate (VCC). However, interest on FDR for additional security deposit will be received by bidder. Signingg of contract Documents: The successful tenderer shall be bound to implement contract by signingg an agreement and conditions of contract attached herewith within 15 days from receipt of intimation of acceptance of tender by Bank. However, written acceptance of tenders by Bank will constitute a binding agreement between Bank and successful tenderer wher such formal agreement is subsequently entered in to or not. 6.0 Completion Period: Time is essence of contract. The work should be completed in all respect accordance with terms of contract within a period of 45 days from date of award of work. 7.0 Validity of tender: Tenders shall remain valid and open for acceptance for a period of 90 days from date of e-reverse auction. If tendererr withdraws his/her offer during value period or makes modifications in his/ /her original offer which are not acceptable to Bank without prejudice to any or right or remedy Bank shall be at liberty forfeit EMD. 8.0 Liquidated Damages: The liquidated damages shall be 0.50% per week subject contractt value. to a maximum of 5% of 9.0 Rate and prices: In case of item rate tender: The tenderers shall quote ir rates for individual items both in words and figure. In case of discrepancy between rate quoted in words and figures, unit rate quantity in words will prevail. If no rate is quoted for a particular item contractor shall not be 18

19 paid for that item when it is executed. The amount of each item shall be calculated and requisite total is given. In case of discrepancy between unit rate and total amount calculated from multiplication of unit rate and quantity unit rate quoted will govern and amount will be corrected. The tenderers need not quote ir rates for which no quantities have been given. In case tenderers quote ir rates for such items those rates will be ignored and will not be considered during execution. The tenderers should not change units as specified in tender. If any unit is changed tenders would be evaluated as per original unit and contractor would be paid accordingly. The tenderer should not change or modify or delete description of item. If any discrepancy is observed he should immediately bring to knowledge of Architect/ SBIIMS Each page of BOQ shall be signed by authorized person and cutting or over writing shall be duly attested by him. Each page shall be totaled and grand total shalll be given. The rate quoted shall be firm and shall include all costs, allowances, materials, labours, taxes etc. except G.S.T, which shall be payable / reimbursed at actual The SBIIMS reserve ir rights to accept any tenders, eir in whole or in part or may entrust work in phases or may drop part scope of work at any stage of project within its sole discretion withoutt assigningg any reason(s) for doing so and no claim / correspondence shall be entertained in this regard. SIGNATURE OF THE CONTRACTOR WITH SEAL 19

20 GENERAL CONDITIONS OF CONTRACT 1.0 Definitions:- Contract means documents forming tender and acceptance reof and formal agreement executed between SBI Infra Management Solutions Pvt. Ltd. (client) and contractor, toger with documents referred re in including se conditions, specifications, designs, drawings and instructions issued from time to time by Architects / Bank and all se documents taken toger shall be deemed to form one contract and shalll be complementary to one anor. In contract following expressions shall, unless context orwise requires, have meaning hereby respectively assigned to m SBIIMS shall mean SBI Infra Management Solutions Pvt. Ltd.(Project Management Services Provider-PMS) having its Circle Office at Third Floor, SBI, LHO, Bhadra, Laldarwaja, Ahmedabad and includes client s representatives, successors and assigns Architects/ Consultants shall mean M/s Mahesh Desai, Architects & Interior Designers, Ahmedabad Site Engineer shall mean an Engineer appointed by SBIIMSS at site as ir representative for day-to-dayy supervision of work and to give instructions to contractors The Contractor shall mean individual or firm or company wher incorporate not, undertaking works and shall include legal personal epresentative of individual or composing firm or company and permitted assignees of individual or firms of company. The expression works or work shall mean permanent or temporary work description in Scope of work and/or to be executed in accordance with contract includes materials, apparatus, equipment, temporary supports, fittings and things of kinds to be provided, obligations of contractor hereunder and work to be done by contractor under contract Engineer shall mean representative of Architect/consultant Drawings shall mean drawings prepared by Architects and issued by Engineer and referr red to in specifications and any modifications of such drawings as may be issued by Engineer from time to time Contract value shall mean value of entire work as stipulated in letter of acceptance of tender subject such additions re to or deductions ree from as may be made under provide herein after contained. 20

21 1.0.7 Specifications shall mean modifications reof as may time Architect/Consultant. specifications referred to in tender to time be furnished or approved by and Month means calendar month Week means seven consecutive days Day means a calendar day beginning respectively. and ending at 00 Hrs and 24 Hrs SBIIMS s Engineer shall mean The Civil/ /Electrical Engineer in-charge of Project, as nominated by Circle Head and Vice President, SBIIMS, Ahmedabad The following shall constitute Joint Project Committee (herein under referred to as JPC) for assessing and reviewing progress of work on project and to issue instructions or directions from time to time for being observed and followed by Architects Site Engineer / PMC and or consultants / contractors engaged in execution of project. i) Vice President Circle Head of SBIIMS ii) SBIIMS Engineer (Civil and Electrical) in-charge of Project iii) Concerned partner of Architects and ir Resident Architect. Member. CLAUSE 1a. Total Security Deposit Total Security deposit comprise of Earnest Money Deposit, Initial security deposit and Retention Money 1 b. Earnest Money Deposit- The tenderer shall furnish EMD of Rs. 11,000/- (Rupees eleven thousand only) in form of Demand draft or bankers chequee drawn in favour of SBI payable at Porbandar, on any Scheduled Bank. No tender shalll be considered unlesss EMD is so deposited in required form. No interest shall be paid on this EMD. The EMD of unsuccessful tenderer shall be refunded soon after decision to award contract is taken without interest. The EMD shall stand absolutely forfeited if tenderer revokes his tender at any time period when he is required to keep his tender open acceptance by SBIIMS or after it is accepted by SBIIMS, contractor fails to enter into a formal agreement or fails to pay initial security deposit as stipulated or fails to commence commence work within stipulated time. 1 c. Initial Security Deposit (lsd) The amount of ISD shall be 2% of accepted value of tender including EMD in form of DD/Fixed Deposit Receipt (FDR) drawn on any scheduled Bank and shall be deposited within 15 days from date of acceptance of tender. 21

22 1 d. ADDITIONAL SECURITY DEPOSIT / PERFORMANCE GUARANTEE In case L-1 bidder quotes abnormally low rates (i.e. 10% or more, below estimated project cost), bank may ask such bidder to deposit additional security deposit (ASD) equivalent to difference of estimated cost vis-à-vis L-1 quoted amount for due fulfillment of contract. Such ASD could be in joint name of Bank and bidder in form of FDR / Bank s guarantee as per format approved by Bank. On successful completion of work ASD will be returned to contractor. In case contractor fails to completee work in time or as per tender specification or leave job in complete, bank will be at liberty to recoverr dues from ASD or to forfeit such ASD as case may be within its sole discretion. No interest shall be paid to amount retained by Bank as Security Deposit for defect liability period of one year from date virtual completion certificate (VCC). However, interest on FDR for additional security deposit will be received by bidder. 1 e. Retention Money: Besides SD as deposited by contractor in above said manner, Retention money shall be deducted from running account bill at rate of 10% of gross value of work done by contractor and claimed in each bill provided total security deposit i.e. ISD plus EMD plus Retention Money shall both toger not exceed 5% of contract value. The 50% of total security deposit shall be refunded to contractor withoutt any interest on issue of Virtual Completion certificate by Architect/consultant. The balance 50% of total security deposit shall be refunded to contractors without interest within fifteen days after end of defects liability period providedd contractor has satisfactorily attended to all defects in accordance with conditions of contract including site clearance. 2.0 Language: The language in which contract documents shall be drawn shall be in English. 3.0 Errors, omissions and discrepancies: In case of errors, omissions and/ or disagreement between written and scaled dimensions on drawings or between drawings and specifications etc., following order shall apply. i) Between scaled be adopted. and written dimension (or description) on a drawing, latter shall ii) Between written or shown description or dimensions in drawings and corresponding one in specification former shall be taken as correct. iii) Between written description of item in specifications and descriptions in of quantities of same item, former shall be adopted: bills a) In case of difference between rates written in figures and words, rate in words shall prevail. 22

23 b) Between duplicate / subsequent copies of tender, original tender shall be taken as correct. 4.0 Scope of Work: The contractor shall carryout complete and maintain said work in every respect strictly accordance with this contract and with directions of and to satisfaction Bank to be communicated through architect/consultant. The architect/consultant at directions of SBIIMSS from time to time issue furr drawings and / or write instructions, details directions and explanations which are here after collectively references to as Architect s / consultant s instructions in regard to variation or modification of design, quality or quantity of any work or addition or omission or substitution work. Any discrepancy in drawings or between BOQ and / or drawings and/or specifications. The removal from site of any material brought reon by Contractor and any substitution of any or materials refore removal and/ /orreexecuted of any work executed by him. The dismissal from work of any person engaged re upon. 5.0 i) Letter of Acceptance: Within validity period of tender SBIIMS shall issue a letter of acceptance directly or through architect by registered post or orwise depositing at of contractor as given in tender to enter into a Contract for execution of work as per terms of tender. The letter of acceptance shall constitute a bind contract between SBIIMS and contractor. ii) Contract Agreement: On receipt of intimation of acceptance of tender from SBIIMS/Architectt successful tenderer shall be bound to implement contract and within fifteen days re of shall sign an agreement in a non-judicial stamp paper of appropriate value. 6.0 Ownership of drawings: All drawings, specifications and copies reof furnished by SBIIMS / SBI through its Architect / consultants are properties of SBIIMS They are not to be used on or work. 7.0 Detailed drawings and instructions: The SBIIMS through its architects / consultants shall furnish with reasonable proper additional instructions by means of drawings or orwise necessary for execution of work. All such drawings and instructions shall be consistentt with contract documents, true developments reof and reasonably inferable re. The work shall be executed in conformity re with and contractor prepare a detailed programme schedule indicating rein date of start and completion of various activities on receipt of work order and submit same to SBIIMS through architect/consultant 23

24 7.1 Copies of agreement: Two copies of agreement duly signed handed over to contractors. by both parties with drawings shall be 8.0 Liquidated damages: If contractor fails to maintain required progress in terms of clause 6.0 of GOC or to complete work and clear site including vacating ir office on or beforee contracted or extended date or completion, without justification in support of cause of delay, he may be called upon without prejudice to any or right of remedy available under law to SBIIMS on account of such breach to pay a liquidated damages at rate of 0.50% of contract value which subject to a maximumm of 5% of contractt value. 9.0 Materials, Appliances and Employees: Unless or orwise specified contractor shall provide and pay for all materials, labour, water, power, tools, equipment transportation and any or facilities thatt are required for satisfactory execution and completion of work. Unless or orwise specified all materials shall be new and both workmanship and materials shall be best quality. The contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him. Workman whose work or behavior is found to be unsatisfactory by SBIIMSS /Architect// consultant he shall be removed from site immediately Permits, Laws and Regulations: Permits and licenses required for execution of work shall be obtained by contractor at his own expenses. The contractor shall give notices and comply with regulations, laws, and ordinances rules, applicable to contract. If contractor observes any discrepancy between drawings and specifications, he shall promptly notify SBIIMSS in writing under intimation of Architect/ Consultant. If contractor performs any act, which is against law, rules and regulations he shall meet all costs arising reform and shall indemnify SBIIMS any legal actions arising re from Setting out Work: The contractor shall set out work and shall be responsible for true and perfect setting out of same and for correctness of positions, levels, dimensions, and alignment of all parts reof and get it approved by architect / consultant before proceeding with work. If at any time any error in this respect shall appear during progresss of works, irrespective of fact that layout had been approved by, architectt / consultant contractor shall be responsible for same ad shall his own expenses rectify such error, if so, required to satisfaction of SBIIMS 12.0 Protection of works and property: The contractor shall continuously maintain adequate protection. of all his work from damage and shall protect SBI s properties from injury or loss arising in connection 24

25 with contract. He shall make good any such damage, injury, loss, except due to causes beyond his control and due to his fault or negligence. He shall take adequate care and stepss for protection of adjacent properties. The contractor shall take all precautions for safety and protections of his employees on works and shall comply with all applicable provisions of Govt. and local bodies safety laws and building codes to prevent accidents, or injuries to persons or property on about or adjacent to his place of work. The contractor shall take insurance covers as per clause at his own cost. The policy may be taken in joint names of contractor and SBIIMS and original policy may be lodged with SBIIMSS 13.0 Inspection of work: The SBIIMS / Architect / Consultant or ir representatives shall at all reasonable times have free access to work site and / or to workshop, factories, or or places where materials are lying or from where y are obtained and contractor shall give every facility to SBIIMS/Architect/consultant and ir representatives necessary for inspection and examination and test of materials and workmanship. No person unless authorized by SBIIMS/ Architect /Consultant except representative of Public authorities shall be allowed on work at any time. The proposed work eir during its construction stage or its completion can also be inspected by Chief Technical Examiner s Organization a wing of Central Vigilance commission Assignment and subletting: The whole of work included in contract shall be executed contractor and he shall not directly entrustt and engage or indirectly transfer, assign or underlet contract or any part or share re of or interest rein without written consent of SBIIMS through Architect and no undertaking shall relieve contractor from responsibility of contractor from active & superintendence of work during its progress Quality of materials, workmanship &Test: All materials and workmansh hip shall be best of respective kinds described in contractt and in accordance with Architect/consultant instructions and shall be subject from time to time to such tests as architect/consultant may direct at place of manufacture or fabrication or on site or an approved testing laboratory. The contractor shall provide such assistance, instruments, machinery, labor, and materials as are normally required for examining measuring sampling and testing any material or part of work before in corporation in work for testing as may be selected and required by architect/consultant. ii) Samples: All samples of adequate numbers, size, shades & pattern as per specifications shall be supplied by contractor without any extra charges. If certain items proposed to be used are of such nature that samples cannot be presented or prepared at site detailed literature / test certificate of same shall be provided to satisfaction of 25

26 Architect/consultant before submitting sample/ /literature contractor shall satisfy himself that material / equipment for which he is submitting sample / literature meet with requirement of tender specification. Only when samples are approved in writing by architect/consultant contractorr shall proceed with procurement and installation of particular material / equipment. The approved samples shall by signed by Architect / Consultant for identification and shall be kept on record at site office until completion of work for inspection / comparison at any time. The Architect/Consultant shall take reasonable time to approve sample. Any delay that might occur in approving samples for reasons of its not meeting specifications or or discrepancies inadequacy in furnishing samples of best qualities from various manufacturers and such or aspects causing delay on approval of materials / equipment etc. shall be to account of contractor. iii) Cost of tests: The cost of making any test shall be borne by contractor if such test is intended by or providedd for in specification or BOQ. iv) Costs of tests not provided for: If any test is orderedd by Architect/ Consultant which is eir a) If so intended by or provided for or (in cases above mentioned) is not so particularized, or though so intended or providedd for but ordered by Architect / Consultant to be carried out by an independent person at any place or than site or place of manufacture or fabrication of materials tested or any Government / approved laboratory, n cost of such test shall be borne by contractor Obtaining information related to execution of work: No claim by contractorr for additional payment shall be entertained which is consequent upon failure on his part to obtain correct information as to any matter affecting execution of work nor any misunderstanding or obtaining incorrect information or failure to obtain correct information relieve him from any risks or from entire responsibility for fulfillment of contract Contractor s superintendence: The contractor shall give necessary personal superintendencee during execution works and as long, reafter, as Architect/Consultant may consider necessary until expiry of defects liability period, stated hereto Quantities: The bill of quantities (BOQ) unless or orwise stated shall be deemedd to have been prepared in accordance with Indian Standard Method of Measurements and quantities. The rate quoted shall remain valid for variation of quantity against individual item to any extent. The entire amount paid under Clause 19, 20 hereof as well as amounts of prime cost and provision sums, if any, shall be excluded Works to be measured: The Architect/Consultant may from time to time intimate to contractor that he 26

27 The net prices of original tender shall determinee value of items omitted, providedd if omissions do not vary conditions under which any remaining items of Works are carried out, orwise prices for same shall be valued under sub- requires work to be measured and contractor shall forthwith attend or send a quantity representative to assist Architect in taking such measurements and calculation and to furnish all particulars or to give all assistance required by any of m. Such measurements shall be taken in accordance with Mode of measurements detail in specifications. The representative of Architect / Consultant shall take measurements with contractor s epresentative and measurements shall be entered in measurement book. The contractor or his authorized representative shall sign all pages of measurement book in which measurements have been recordedd in token of his acceptance. All corrections shall be duly attested by both representatives. No over writings shall be made in M book should contractor not attend or neglect or omit to depute his representative to take measurementss measurements recorded by representative of Architect/consultant shall be final. All authorized extra work, omissions and all variations made shall be included such measurement Variations: No alteration, omission or variation ordered in writing by Architect/consultant vitiates contract. In case SBIIMS/ Architect / Consultant thinks proper at any during progresss of works to make any alteration in, or additions to or omission from works or any. Alteration in kind or quality of materials to be used rein, Architect / Consultant shall give notice reof in writing to contractor shall confirm in writing within seven days of giving such oral instructions contract shall alter to, add to, or omit from as case may be in accordance with such but contractor shall not do any work extra to or make any alterations or additions to or omissions from works or any deviation from any of provisions of contract, stipulations, specifications or contractt drawings without previous consent in writing of Architect/ Consultantt and value of such extras, alterations, additions or omissions shall in all casess be determined by Architect / Consultant and same shall be added to or deducted from contract value, as case maybe Valuation of Variations : No claim for an extra shall be allowed unless it shall have been executed under authority of Architect / Consultant with concurrence of SBIIMS as herein mentioned. Any such extra is herein referred to as authorized extra and shall be made in accordance with following provisions. (i) The net rates or prices in contractt shall determine valuation of extra work where such extra work is of similar character and executed under similar conditions as work price herein. (ii) Rates for all items, wherever possible should be derived out of rates given in priced BOQ. 27

28 Clause c hereunder. Where extra works are not of similar character and/or executed under similar conditions as aforesaid or where omissions vary conditions under which any remaining items or works are carried out, n contractorr shall within 7 days of receipt of letter of acceptance inform Architect/ consultant of rate which he intends to charge for such items of work, duly supported by analysis of rate or rates claimed and Architect/consultant shall fix such rate or prices as in circumstances in his opinion are reasonable and proper, based on market rate. Where extra work cannot be properly measured or valued contractor shall be allowed day work prices at net rates stated in tender, of BOQ or, if not, so stated n in accordance with local day work rates and wages for district; providedd that in eir case, vouchers specifying daily time (and if required by Architect/Consultant) workman s name and materials employed be deliveredd for verifications to Architect /consultant at or beforee end of week following that in which work has been executed. It is furr clarified that for all such authorized extra items where rates cannot be derived from tender, Contractor shall submit rates duly supported by rate analysiss worked on market rate basis for material, labour hire / running charges of equipment and wastages etc. plus 15% towards establishment charges, contractor s overheads and profit. Such items shall, not be eligible for escalation Final measurement: The measurement and valuation in respect of contract shall be completed within two months of virtual completion of work Virtual Completion Certificate (VCC): On successful completion of entire works covered by contract to full satisfaction of SBIIMS, contractor shall ensure that following works have been completed satisfaction of SBIIMS: Clear site of all scaffolding, wiring, pipes, surplus materials, contractor s labour equipment and machinery. Demolish, dismantle and remove contractor s site office, temporary works, structure including labour sheds/campss and constructions and or items and things whatsoever brought upon or erected at site or any land allotted to contractorr by SBIIMS not incorporated in permanent works. Removee all rubbish, debris etc. from site and land allotted to contractor by SBIIMS and shall clear, level and dress, compact site as required by SBIIMS Shall put SBIIMS in undisputed custody and possession of site and all land allot by SBIIMS 28