Reserve Bank of IndiaPremises Department

Central Office5th Floor, Central Office BuildingShahid Bhagat Singh Road

Mumbai - 400 001

Global Tenders ForDesign, Supply, Installation, Commissioning and

Testing of Electrical Lifts in theBank's Office Building at Kolkata

Name of the Tenderer: _____________________________

Address : ________________________________________

________________________________________

Due date and time for submission of tender:14.00 hours on _________________

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Table of Contents

Item Description Page

Section IForm of tender 6 - 7

Section IIGeneral instructions to tenderers & special conditions

1.0 Instructions to tenderers 82.0 Submission of tender 93.0 Part I – Technical & Commercial 104.0 Part II – Price 115.0 Opening of tender 116.0 Scope of work 117.0 Drawings and documents 128.0 Packing & despatch 129.0 Taxes 1210.0 Validity of tender 1311.0 Language 1312.0 Earnest money & security deposit 1313.0 Lowest tender not necessarily to be accepted 1414.0 Right to accept part tender 1415.0 Evaluation of tender 1416.0 Signing of contract agreement 1517.0 Import licence 1518.0 Export licence 1519.0 Completion period 1620.0 Insurance 1621.0 Warranty And All Inclusive Maintenance Contract 1721.2 All inclusive Annual Maintenance Contract (AMC) 1721.3 Scope of works during AMC 1722.0 Terms of Payment 18

Other issues 19 - 21Section III

Safety Code 22Section IV

The Conditions Hereinafter Referred To1. Interpretation Clause 232. Scope of Contract 24

Variations to be approved by Employer 243. Drawings, Schedule Of Quantities & Agreement 244. Contractor to provide everything necessary at his cost 245. Authorities, Notices and Patents 256. Setting out of works 257. Materials and workmanship to conform the descriptions 258. Contractor’s superintendence and representative on the works 259. Dismissal of Workmen 2610. Access to Works 26

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Item Description Page

11. Assistant Manager (Tech)/Manager (Tech) 2612-13 Assignments and Sub-letting 2614. Schedule of Quantities 2715. Sufficiency of Schedule of Quantities 2716. Measurement of Works 2717. Prices for extra etc. ascertainment of 2718. Unfixed materials when taken into account to be the property of the

Employer28

19. Removal of improper work 2820. Defects after virtual completion 2921. Certificate of virtual completion and Defects Liability Period 2922. Nominated Sub-Contractor 2923. Other persons employed by Employer 3024. Insurance in respect of damage to person and property 3025. Fire Insurance 3126. Date of Commencement And Completion 3227. Damages for Non-completion 3228. Delay And Extension of Time 3229. Failure by Contractor to comply with Employer’s instructions 3230. Termination of Contract by the Employer 3331. Termination of Contract by Contractor 3432. Certificates and Payments 3433. Delayed Payment 3534. Matters to be finally determined by Employer 3535. Settlement of dispute by arbitration 35-3636. Right of technical scrutiny of final bill 3737. Employer entitled to recover compensation paid to workmen 3738. Abandonment of Works 3739. Return of surplus materials 3740. Right of Employer to terminate Contract in the event of death of

Contractor, if individual38

41. Marginal Notes 38Section V

Articles of Agreement 39-41Section VI

Appendix Hereinbefore Referred To 42Section VII

Introduction 43Section VIII

Technical Specifications & Schedule of Work 44-46Section IX

Inspection of lift equipment at manufacturer's site 47Section X

Data sheetGroups of lifts serving 12 stops 48-49Groups of lifts serving 9 stops 50-51Freight lift 52

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Item Description Page

Un-priced Bill of Quantity 53Groups of lifts serving 9 stops 53Groups of lifts serving 12 stops 54Freight lift 55Check list 56-57

AnnexuresI Proforma for Details of Similar Works Executed each costing Rs. 125

Lakh/284091 US $ or more, during the last three years59

II Proforma for Details of Principal Banker/other bankers 60III Proforma For Bank Guarantee In Lieu Of Earnest Money Deposit 61-62IV Proforma of undertaking for maintenance confirmation by the tenderer 63V Proforma of Bank Guarantee For First Stage Payment 64-66VI Proforma of Bank Guarantee For Security Deposit 67-69

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PART - I - Technical & Commercial

Reserve Bank of IndiaPremises Department

Central Office5th Floor, Central Office BuildingShahid Bhagat Singh Road

Mumbai - 400 001

Tender ForDesign, Supply, Installation, Commissioning and

Testing of Electrical Lifts in theBank's Office Building at Kolkata

(Section I to X)

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Section I - Form of Tender

Place _______________

Date ________________

Shri J.B. BhoriaChief General ManagerPremises DepartmentReserve Bank of IndiaCentral OfficeShahid Bhagat Singh RoadMumbai - 400 001

Dear Sir,

We have carefully examined the specifications, designs and schedule of quantities relating to the worksspecified in the memorandum hereinafter set out and having visited and examined the installation siteof the works specified in the said memorandum and having acquired the requisite information relatingthereto as affecting the tender. We hereby offer to execute the works specified in the saidmemorandum within the time specified in the said memorandum at the rates mentioned in the attachedSchedule of Quantities and in accordance in all respects with specifications, designs and instructions inwriting referred to in articles of agreement, general instructions to the tenderers and special conditions,conditions hereinbefore referred to, specifications, data sheet and schedule of quantities and with suchmaterials as are provided for, by and in all other respects, in accordance with such conditions so far asthey may be applicable.

MEMORANDUM

(a) Description of works Supply and installation of 6 passenger and 2freight lifts for the Bank’s office building atKolkata.

(b) Estimated cost Rs. 250 lakhs (US$ 568,182)

(c) Mode of payment As per clause 22 on page 18-19 of GeneralInstructions to Contractors and SpecialConditions.

(d) Earnest Money Rs. 5,00,000/- (US$ 11364)

(e) Time allowed for completion of workfrom tenth day after the date of letteradvising acceptance of tender.

54 Weeks

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2. We also agree that our tender will remain valid for acceptance by the Bank for 180 days from thedate of opening of Part I of the tender and this period of validity can be extended for such period asmay be mutually agreed between the Bank and us in writing. We also agree to keep the BankGuarantee towards earnest money valid during the entire period of validity of tender, as perenclosed proforma (Annexure III).

3. Should this Tender be accepted, we hereby agree to abide by and fulfil all the Terms and Conditionsof the Tender and in default thereof, to forfeit and pay to you or your successors, or assignees ornominees such sums of money as are stipulated in the conditions contained in the tender togetherwith the written acceptance of the Contract.

4. We understand that you reserve the right to accept or reject any or all the tender either in full or inpart without assigning any reason therefor.

5. We are enclosing a list of our clients and bankers in India and/or in abroad with complete details asper the proforma given in the Annexure I and Annexure II.

6. The Tender is submitted in two parts in separate sealed envelopes. Part I contains all commercialterms and conditions and technical particulars and Part II contains only the price bid in the Bank'sproforma.

Dated this _____ day of _____ 2005.

For and on behalf of M/s ____________________________________

_________________________________(Signature with seal)

Name ________________________________________Designation ________________________________________Place ________________________________________Date ________________________________________

(Certified true copy of the Power of Attorney of the above signatory should be enclosed).

Witnesses

(1) Signature with _______________________________name, address and date _______________________________

_______________________________

(2) Signature with _______________________________name, address and date _______________________________

_______________________________

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Section II - General Instructions To Tenderers and Special Conditions

1.0 Instructions to Tenderers

1.1. Tenders are invited for Supply, Installation, Testing and Commissioning of 6 passenger lifts and2 freight lifts for Bank's Office Building at Kolkata. The work is estimated to cost Rs.250 lakh(US $ 568,182) and is to be completed within 54 weeks.

1.2. The tender forms/booklets will be issued only to those vendors who fulfil the following eligibilitycriteria.i) Successful completion of minimum two or more works of supply and installation of V3F

controlled lifts of 2.5 mps speed and above in group control during the last five years.ii) The value of each work should not be less than Rs.125 lakh (US$ 284091).iii) The vendors should have a minimum yearly turnover of Rs.75 lakh (US$ 170454) during

the last three years.iv) The vendors should have a full fledged service set up in Kolkata from where the

proposed lifts will be serviced during warranty period and Annual Maintenance Contractperiod.

1.3. Vendors should furnish the following information supported with documentary proof to satisfythe Bank about their eligibility for participating in the tendering process.

a) Composition of thefirm

Full particulars (whether firm is an individual, or a partnershipfirm, or a company etc.) of the composition of the firm indetail should be submitted along with name(s) andaddress(es) copies of the Articles of Association/ power ofAttorney/ any other relevant similar applicable document inthe countries of origin.

(b) Work experience &Completion of theworks of specifiedvalue during thespecified period[1.2(i) & 1.2(ii)]

Copies of the detailed work orders indicating date of award,value of awarded work, time given for completing the work,etc. and the corresponding completion certificates indicatingactual date of completion and actual value of works forminimum two works or more during the last 5 years (startingfrom 1st August 2000 till date of advertisement/date ofnotification on website).

(c) Creditworthiness ofthe contractor &their Turn overduring the specifiedperiod 1.2(iii)

Copies of the Income Tax Clearance Certificates / IncomeTax Assessment Orders or similar documents along with thelatest final accounts of the business of the firm (balancesheet etc.) duly certified by a Chartered Accountant ofequivalent authority should be enclosed in proof of theircreditworthiness and turnover for last three applicableaccounting years.

(d) Service Set-up1.2(iv)

Full address, contact details (phone, fax, e-mail, etc.) contactpersons of the manufacturers' service set up ormanufacturer's authorized vendor's service set up(documentary proof for authorization/agreement to beenclosed) in Kolkata for servicing of the proposed lifts.

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Written information about the names and addresses of theirbankers along with full details, like names, postal addresses,e-mail IDs, telephone (landline and mobile) nos., fax nos.,etc., of the contact executives should be furnished.

(e) Name(s) andaddress(es) of theBankers and theirpresent contactexecutives Details of Bank account : Full particulars of their bank

accounts, type of account, number of years the account is inoperation etc. should furnished.

(g) Name(s) andaddress(es) of theClients and theirpresent contactexecutives [1.2(i) &1.2(ii)]

Written information about the names and addresses of theirclients along with full details, like names, postal addresses, e-mail IDs, telephone (landline and mobile) nos., fax nos., etc.,of the contact executives (i.e. the persons who can becontacted at the office of their clients by the Bank in case it isso needed) should be furnished.

1.4. Tender forms will be issued to the tenderers upon verification of the documents of eligibilitycriteria as specified above, against a payment of non-refundable cost of tender forms ofRs.1000/- in cash.

Tender forms can also be downloaded from Reserve Bank's website http://www.rbi.org.in.Tenderers who download the tender forms from the website and wish to submit the same areadvised to submit proof of eligibility criteria, along with the above non refundable cost of tenderforms one week in advance from the due date of submission of tenders.

Only upon due verification and acceptance of the documentary proof of eligibility criteria, thetenderers will be eligible to submit their filled in tender forms on the due date.

1.5. The tenderers are advised to submit the tender based strictly on the General Conditions of theContract and Technical Specifications contained in the tender documents, and not to stipulateany deviations. If acceptance of the terms and conditions given in the tender documents hasany price implications, the same should be considered and included in the quoted price. Tendercontaining deviations from the terms and conditions is liable to be rejected.

1.6. The tenderers shall submit full details of the patent, trade mark, registered design, intellectualproperty rights, copy rights, industrial property rights held by them or used by them of any thirdparty with regard to design or any part of the system.

1.7. A pre-tender briefing meeting of the intending tenderers will be held at _____ hours on______________ to clarify any point/doubt raised by them in respect of the tender. No separatecommunication will be sent for this meeting. All communication regarding points requiringclarifications shall be given in writing to Shri J.B. Bhoria by the intending tenderers before _____hours on _________________.

1.8. All information, correspondence letters shall be submitted in duplicate and addressed to ShriJ.B. Bhoria, Chief General Manager, Premises Department, 5tht floor, Reserve Bank of India,Central Office, Shahid Bhagat Singh Road, Fort, Mumbai-400 001, INDIA.

2.0 Submission of Tender

2.1 The Tender shall be prepared and submitted in triplicate separately in sealed envelopes in twoparts, viz, Part I and Part II clearly indicating on the covers "Part I – Technical andCommercial" and "Part II – Prices", respectively. The covers shall be superscribed "Tender fordesign, supply, installation, commissioning and testing of Electrical Lifts in the Bank's officebuilding at Kolkata and addressed to Shri J.B. Bhoria, Chief General Manager, Premises

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Department, 5th floor, Reserve Bank of India, Central Office, Shahid Bhagat Singh Road, Fort,Mumbai 400 001, India. Telegraphic, Fax and E-mail tenders will not be accepted. The fullname, postal address, e-mail address and telefax / telephone number of the tenderer shall bewritten on the bottom left corner of the sealed envelope. Insertions, post scripts, additions andalterations shall not be valid unless confirmed by the tenderer’s signature. All copies of thetenders should be completed in all respects with all attachments/ enclosures/ annexures.

2.2 Tenderers are advised to use only the forms (tender books) issued by the Bank / formsdownloaded from the website. In case the tenders are submitted from downloaded tender formsfrom the website, if any change/modification thereto is found subsequently, such tenders areliable for disqualification. However, if they desire to submit additional information, they may doso on their own letter head/paper. Each page of the forms shall be signed and returned. Eachcopy of the tender shall be clearly marked as "original", "duplicate" and "triplicate" as the casemay be.

2.3 Tenders (Part I and Part II separately) super-scribed “Tender for Design, Supply,installation, Commissioning & Testing of Electrical Lifts” "Part I" or "Part II" as the casemay be and addressed by name to Mr. J.B. Bhoria, Chief General Manager, PremisesDepartment, Reserve Bank of India, Central Office, 5th Floor, COB, Shahid Bhagat Singh Road,Mumbai-400 001, INDIA should reach him not later than _______ hours IST on_______________.

2.4 The tender duly sealed may be deposited in the ‘Quotation Box’ kept in the PremisesDepartment, 5th floor of the Central Office Building of the Bank within the stipulated time / date.No tender will be received after 12 noon on __________ under any circumstances whatsoever.

3.0 Part I – Technical & Commercial

3.1 Part I - This part shall contain the unpriced tender consisting of complete technical specificationincluding drawings and documents and commercial terms and conditions. One original and twocopies shall be submitted. Earnest money guarantee shall be submitted with the original of PartI, as per Proforma at Annexure III.

3.2 Part I of the tender as submitted shall contain the following:(i) Earnest money Bank guarantee (BG) issued by a scheduled Bank in India or by a

foreign Bank overseas. If the BG is issued by a foreign bank overseas, the BG should beduly confirmed by a scheduled bank in India.

(ii) Power of Attorney/authorisation with the seal of the company/firm in the name of theperson signing the tender documents.

(iii) The tenderer shall also indicate whether they have the capacity to manufacture, supply,install, test and commission all the required systems within the stipulated completionperiod of 54 weeks.

(iv) List of deviations, if any, in commercial terms and conditions.

(v) List of deviation, if any, in technical specification.

(vi) Any other technical information the tenderer wishes to furnish.

(vii) List of works/facilities etc. to be provided by the Reserve Bank of India for installation,commissioning and testing of the system.

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4.0 Part II - Price

4.1 (a) This part shall contain prices in US$ or equivalent in Indian Rupees only with detailed break-up of price as per format (Part II) both in figures and words. One original and two copiesshall be submitted. No other enclosure is permitted in Part II. Change of terms andconditions and technical deviations, if any, found in Part II of the tender will not be takeninto account and will be treated as null and void. Tender in which prices are quoted in anyother currency will not be considered. The rates quoted towards all inclusive AnnualMaintenance Contract (AMC) will be in Indian Rupees only.

(b) The tenderer must use only the forms issued by the Bank to fill in the rates. The tenderform must be filled in English and all entries must be made by hand and written in ink. Ifany of the documents is missing or unsigned, the tender may be considered invalid by theBank in its discretion. Rates should be quoted both in figures and words in columnsspecified. All erasures and alterations made while filling the tender must be attested byinitials of the tenderer. Overwriting of figures is not permitted. Failure to comply with eitherof these conditions will render the tender void at the Bank's option. No request for anychange in rate or conditions after the opening of the tender will be entertained.

(c) This contract is neither a fixed lump sum contract nor a piece work contract but is acontract to carry out the work in respect of provision of the entire passenger and freight liftsto be paid for according to actual measured quantities at the rates/quantities provided in theschedule of rates (Part II) In case of difference in the rate/amount mentioned in words andfigures, the rate/amount whichever is lower shall be considered.

(d) The rates quoted shall be deemed to be for the finished work and shall be firm and bindingwithout any escalation whatsoever till the system is handed over to the Bank.

5.0 Opening of Tender

5.1 Part I of the tenders will be opened on _______________ at ______ hrs. IST in the presence oftenderers. Price bid (Part II) of only such of those tenderers who are found eligible after scrutinyof their Part I of the tenders will be opened on a subsequent working day which will be intimatedto all the eligible tenderers. It is mandatory for the tenderers to remain present themselvesduring the opening of Part I and Part II of the tenders.

6.0 Scope of Work

6.1 The scope of work shall include the following.• Design, manufacture, assembling and factory inspection of 6 passenger lifts and 2 freight

lifts.• Delivery of lift equipments to Bank's site at Kolkata including packing, handling,

transporting, clearing, loading/unloading at ports in India and unloading at site in Kolkata.• Erection, commission, testing & handling of lift equipment, obtaining operating approval

from lift inspectorate and handing over the lifts to Bank.• Providing all inclusive service including all spares, etc. during warranty period and

subsequent Annual Maintenance Contract period.

6.2 The tenderer should indicate in his tender the complete description of the working of thesystem/sub systems and their power requirements of each lift with all relevantbrochures/literature etc. in addition to those called for in the Technical Specifications:

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6.3 The Tenderer shall carefully check the specifications and shall satisfy himself that theequipment offered is suitable as per the enclosed Technical Specifications and shall take fullresponsibility for the efficient operation of the equipment offered.

6.4 Tenderer shall supply all tools, plants, labour and consumables etc as required for installation,testing and commissioning of the lifts.

6.5 The tenderer shall state clearly in his tender the standard tools, spare parts which he will supplyfree of cost when installing the lifts and handover same to be Bank after completion of the work.

7.0 Drawings and Documents

7.1 The successful tenderer shall submit, in duplicate, on receipt of acceptance of the tender, detailedworking drawings and specifications showing the complete details of all work required. He willbe held responsible for any discrepancies, errors and omissions in the drawing or particularssubmitted by him even if these have been approved by the Bank. The drawings will bescrutinized by the Bank and returned to the tenderer within two weeks of receipt, duly approvedor with observations.

8.0 Packing and Despatch

8.1 The equipment shall be properly and securely packed in boxes suitable for export (whereverapplicable) and multiple handling and transportation by sea/ air / rail / road under Indianconditions. All equipment/components shall be delivered on Duty Delivery Paid (DDP) basis atthe Bank's office building, Kolkata.

9.0 Taxes

9.1 The prices quoted for supply of equipment shall be deemed to have included all taxes, customduty, excise duty, local levies, service tax, works contract tax, Value Added Tax (VAT) imposedby Central/State Government/ Local Bodies, charges for labour, transport, insurance charges fortransit, shipment, packing, freight from the factory to the destination site, handling, clearing,installation, and commissioning charges, insurance charges for storage, erection, testing andcommissioning policy, workmen compensation and third party liability etc till the work is finallyhanded over to the Bank. If the Tenderer fails to include such taxes and duties in the tender, noclaim thereof will be entertained by the Bank afterwards. As per Indian laws, income tax andworks contract tax/VAT will be deducted at source and a certificate for the same will be issuedto the contractor.

9.2 The Excise/Custom duty amount in the above item will be reimbursed on production of thedocumentary evidence issued by the authority in original subject to the following conditions.

(a) As long as the rate of duty remains unchanged, the reimbursement amount will be as peractuals subject to a maximum of the amount indicated in the tender for the respective item.

(b) If the rate of duty is changed by the Government, the maximum limit prescribed in(a) above will be changed proportionately.

(c) The equipments are expected to be delivered within committed delivery period as per thecompletion period clause from the date of commencement of the work. If the delivery ofthe equipments is delayed beyond the prescribed date for whatever reasons, the excise duty amount will be reimbursed on the basis of actual amount paid by the firm orthe amount that would have been paid by the firm if the equipments were delivered

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within the time mentioned above, whichever is less. No claim in respect of change in salestax, sales tax on works contract, octroi or other taxes, duty or levy shall be entertainedby the Employer.

10.0 Validity of Tender

10.1 The Tender along with the prices shall remain valid initially for a period of 180 days from thedate of opening of Part I of tender, which period may be further extended by mutual agreementin writing by the Tenderer and the Tenderer shall not cancel or withdraw the tender during thisperiod.

11.0 Language

11.1 The Tender including all labels in drawings, documents, catalogues etc. shall be in English.

12.0 Earnest Money & Security Deposit

12.1 The Tender must be accompanied by Earnest Money in the form of an irrevocable BankGuarantee issued by a scheduled bank in India or any foreign bank. If the Bank Guarantee isissued by a foreign bank based overseas, the Bank Guarantee should be duly confirmed by ascheduled bank in India for US$ 11364 or Rs.5,00,000/-. The Bank Guarantee shall be in aformat given at Annexure III and shall remain un-discharged for such period as may be specifiedfor keeping the tender open. If the Tenderer, after submission of the tender, deviates from hisoffer or modifies the terms and conditions thereof, the Bank Guarantee shall be liable to beenforced.

12.2 Tender not accompanied by Bank Guarantee is liable to be rejected.

12.3 The above Bank Guarantee shall be discharged on acceptance of the tender, and on productionof a new Bank Guarantee towards security deposit in the enclosed format (Annexure VI) or onnon-acceptance of tender, but not earlier than the expiry date of the period for which the tenderis kept valid.

12.4 Should the Invitation to Tender be withdrawn or cancelled by the Bank, which shall have the rightto do so at any time, the Bank Guarantee will be discharged.

12.5 Should the successful Tenderer fail to furnish the Security Deposit, the Bank Guarantee towardsEMD shall be enforced without prejudice to his being liable for any further loss or damageincurred in consequence, by the Bank. The Bank Guarantee toward EMD shall be suitablyextended, if necessary, by the successful Tenderer till the date fixed by the Bank for furnishingthe Bank Guarantee towards Security Deposit.

12.6 On award of contract, the successful tenderer shall furnish an amount equal to 7% (sevenpercent) of the contract value in the form of a Bank Guarantee from any scheduled Bank in theform prescribed by the Bank as per Annexure VI (which will be submitted along with letter ofacceptance) towards security deposit for the due fulfilment of the contract. The Bank guaranteetowards earnest money deposit furnished at the time of submission of tender will be returnedthereafter. This Bank Guarantee towards security deposit shall be valid for the contractcompletion period upto the date of handing over of the lift installation and a further period of oneyear thereafter i.e. upto the date of expiry of the defect liability period.

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12.7 All compensation or other sums of money payable by the Contractor to the Employer under theterms of this Contract may be deducted from the security deposit, if the amount so permitsunless the contractor deposits such amounts in cash within ten days of issue of demand noticeby the Bank.

13.0 Lowest Tender Not Necessarily To Be Accepted

13.1 The Bank is not bound to accept the lowest or any tender or to assign any reason for nonacceptance.

13.2 The tenderer whose tender is not accepted shall not be entitled to claim any costs, charges,damages and expenses of and incidental to or incurred by him through or in connection with hissubmission of tenders, even though the Bank may elect to modify/withdraw the tender.

14.0 Right To Accept Part Tender

14.1 The Bank reserves the right to accept the tender either in whole or in part at the same pricesquoted by the Tenderer.

15.0 Evaluation of Tender

15.1 The tenders will be evaluated not only on the basis of capital cost quoted for the lifts but alsotaking into account the effect of rates quoted for comprehensive all inclusive annualmaintenance contract for a period of 5 years after expiry of one year warranty period, by usingNet Present Value (NPV) method. For arriving at the NPV of AMC amount the following will beconsidered.

(a) Discount factor 8% per annum(b) Period of AMC 5 years(c) Payment terms of AMC Quarterly payment after satisfactory completion of

service

15.2 Where the prices are quoted in US$, for evaluation / comparison of cost, the exchange ratequoted by FEDAI as on the last date of submission of the tender document shall be considered.

16.0 Signing of Contract Agreement

16.1 The General instructions to the tenderers and special conditions, conditions hereinbeforereferred to Conditions of Contract and Technical Specifications enclosed with the tenderdocuments and the subsequent correspondence exchanged between the Bank and the tenderershall be the basis of the Purchase Order/final contract to be entered into with the successfultenderer.

16.2 The Tenderer shall go through the terms and conditions given in the general conditions of contractherewith and his offer shall be strictly in line with the terms specified therein. No deviation fromthe terms and conditions specified shall be acceptable. Each page of the tender documentsshould be for his/their having acquainted himself/themselves in the general conditions ofcontract, Technical specifications, etc.

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16.3 The tender submitted on behalf of a firm shall be signed by all the partners of the firm or apartner who has the necessary authority on behalf of the firm to enter into the proposedcontract. Otherwise the tender may be rejected.

16.4 On receipt of intimation from the Bank of the acceptance of his/their tender, the successfultenderer shall be bound to implement the Contract and within fourteen days thereof, thesuccessful tenderer shall sign a agreement in accordance with the draft agreement.Notwithstanding the signing of the agreement the written acceptance by the Reserve Bank ofIndia of a tender in itself will constitute a binding agreement between the Reserve Bank of Indiaand the person so tendering, whether such contract is or is not subsequently executed.

16.5 The contractor shall not assign the contract. He shall not sublet any portion of the contractexcept with the written consent of the Employer. In case of breach of these conditions, theEmployer may serve a notice in writing on the Contractor rescinding the contract whereupon thesecurity deposit shall stand forfeited to the Employer, without prejudice to his other remediesagainst the Contractor.

17.0 Import Licence

17.1 Import Licence if required will be obtained by the Tenderer. All necessary documents/feesrequired to be submitted/paid to the relevant authorities, for obtaining the import license shall bethe sole responsibility of the tenderer.

18.0 Export Licence

18.1 The Tenderer shall obtain and maintain the necessary export license for importing machinesinto India from the competent authorities and shall pay all costs and fees connected therewith.Failure to obtain and maintain export license shall not be considered as Force Majeure. In casethe Tenderer fails to obtain or maintain the licenses, or if the licenses are withdrawn, thetenderer shall restore them within two months from the date of such cancellation/withdrawal. Ifthe tenderer fails to restore the export licence, the Bank shall have the right to cancel thecontract in whole or in part and the Tenderer shall forthwith return to the Bank all the amountspaid by the Bank to the Tenderer in respect of the supplies and services cancelled, togetherwith all damages suffered by the Bank. In this regard the decision of the Bank shall be final andbinding.

19.0 Completion Period

19.1 Time allowed for carrying out the work, as mentioned in the Memorandum, shall be strictlyobserved by the Contractor and it shall be reckoned from the 10th day after written order tocommence the work is issued. The work shall throughout the stipulated period of the contract beproceeded with all the diligence and if the contractor fails to complete the work within thespecified period, he shall be liable to pay liquidated damages as defined in “Appendix hereinbefore referred to” of the contract. The tenderer shall before commencing work prepare adetailed work programme which shall be approved by the Employer. The tenderers shallindicate the time schedule as per the broad items of work listed below.

(a) Submission of layout drawing Weeks after 10th day of thedate of work order

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(b) Approval of layout drawings by Bank 2 Weeks from above(c) Delivery of materials at site

1st batch (2 passenger & 1 freight lift) Weeks from above2nd batch (2 passenger & 1 freight lift) Weeks from above3rd batch (2 passenger lifts) Weeks from above

(d) Installation, testing & commissioning andhanding over with operating license1st batch (2 passenger & 1 freight lift) Weeks from above2nd batch (2 passenger & 1 freight lift) Weeks from above3rd batch (2 passenger lifts) Weeks from aboveTOTAL Completion Period in weeks 54 (total from (a) to (d) )

(Note – The number of weeks required for items a, c and d above to be filled inby the Tenderer. The total completion period should be as specified in thetender.)

19.2 The contractor shall submit a Bar Chart for completion of the work within the contractualcompletion period from the tenth day of letter of intent. Such chart shall include all activities likethe date of supply of material at site, item wise completion of work etc., and obtain the approvalof the Bank.

19.3 Bank will provide lockable storage space within the compound of the building. However theresponsibility and safety of the materials stored will be with the contractor. No accommodationwill be provided for any worker by the Bank.

20.0 Insurance

20.1 The contractor shall take all insurances at his cost to cover all kinds of risks from the time the liftequipment leaves the manufacturer's works till handing over the lifts to the Bank, in the jointnames of the contractor and the Bank and it shall cover the following risks.• Transit insurance for transportation from manufacturer's works to site (By Air/sea/Road

etc. as applicable).• 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.25 lakhs and with a limit of Rs. 5 lakh per

accident.

Note : These policies shall be valid till the completion of respective work. If these policies are notprovided by the contractor, the Bank reserves the right to take the above insurance policies themselvesand recover the cost thereof from the bill of the contractor.

21.0 Warranty And All Inclusive Maintenance Contract

21.1 The entire equipment shall be guaranteed to be free from defective workmanship or materialsand any defects that may appear within 12 months from the date of issue of completioncertificate, which in the opinion of the Employer have arisen from bad workmanship or materials,shall upon intimation by the Employer, be made good by the Contractor at his own cost withinthe time specified. During the said period of 12 months, the successful tenderer shall makeperiodical inspection of the working of the lifts free of charge at least once a month or earlier, if

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required, and attend to the lubrication of the various parts and such other service that may berequired of him.

21.2 All inclusive Annual Maintenance Contract (AMC)

The tenderer shall quote his rates in rupees per lift per annum for all inclusive ComprehensiveMaintenance Contract inclusive of service tax, custom duty for spares imported, transport,insurance, handling, etc. applicable after expiry of one year free warranty period. These ratesshall remain firm & valid for a period of 5 years after expiry of warranty period. The chargesquoted will also be considered while evaluating tender as prescribed in the section evaluation oftenders.

The successful tenderer shall furnish a Bank Guarantee on release of payment for the thirdstage for a sum of Rs.20 lakh as security for due fulfilment of the terms and obligations of theservice contract for the entire life cycle of the lift (20 years) after completion of the warrantyperiod. The amount of Bank Guarantee will be reduced by 1/5th of initial guarantee amount yearafter year.After satisfactory completion of the year of warranty and 5 years of AMC, the rate for AMC willbe reviewed taking into consideration the variation in the custom duty in case of importedspares, variation in exchange rate for imported spares, variation in metal price indices andconsumer price indices for labour (as per RBI bulletin) and a mutually acceptable rate will befinalised. This revised rate will be applicable for the next 5 years.

21.3 Scope of works during AMC

(A) The scope of work shall include the following :

(i) Routine servicing/ troubleshooting/ setting/ adjustments/ cleaning/ lubrication/checking of safeties etc. to ensure smooth and trouble free working of the lifts.(ii) Repairs/ replacement to the lifts including re-loading software etc. in the event of anybreakdown including replacement of spares/ components/ sub-system/ cards/ motors/ropes and any other component, part or whole, which may need replacement/ repairs.(iii) Import of spares and stocking them shall be responsibility of the tenderer. Nonavailability of spares/ components will not be accepted as a reason for waiving of penaltytowards delay in rendering prompt service.(iv) All manufacturers preventive maintenance schedules/ replacement periodicity ofcomponents like ropes, electrical/electronics including checking of safeties, protectionslike rope slip, load testing etc. shall be strictly followed as per the manufacturer'speriodicity or as required in addition to the scope of maintenance indicated above.(v) The scope of maintenance in addition to periodic maintenance will also includeattending to /any number of breakdown calls.

(B) Penalty for delay in service during warranty and AMC periodDuring the currency of the annual maintenance service contract, if the downtime of anylift exceeds one day in case of minor repairs and five days in case of major repairs, atany one instance, a penalty equivalent to four times of the daily rate of service contractamount (arrived at by dividing the annual contracted amount by 360 and rounding it offto next higher rupee) multiplied by the number of penalty days, will be recovered fromthe payment due to the firm. For the purpose of penalty, following items will beconsidered as major repairs.

a. Rewinding of motor

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b. Replacement of ropec. Replacement of bearings, gears etc. in gear boxd. Replacement of guide shoes for the car and counter weighte. Replacement of trailing cables/ control wiring

They shall also ensure that the required spares etc. for proper maintenance are readilyavailable with them for the complete life span of the lift.The payment towards AMC charges will be made every quarter after satisfactorycompletion of the service.

22.0 Terms of Payment

The payment for the works to be executed under this contract shall be made as follows and novariation in the mode of payment will be acceptable to the Reserve Bank of India.

First Stage Payment

10% of the quoted rate after the commencement date against submission of the following :i) Unconditional Order Acceptanceii) Bank Guarantee for equal amount (Annexure V)iii) Bank Guarantee towards Security Deposit (Annexure VI)

Second Stage Payment

70% of the quoted rate pro rata against receipt of the material at site and on submission of thefollowing documents:i) Manufacturer's Inspection and Test Certificatesii) Inspection Certificate issued by the Bankiii) Contractor's Certificate that all components, parts, sub systems, consumables etc. for

successful installation, commissioning and testing of the systems including maintenancehave been received at site in good condition and if any shortfall is noticed duringinstallation, commissioning and testing they will be supplied free to the Bank.

iv) Policies of insurance covering all the risks during transit, storage, installation,commissioning, testing and handing over including third party liabilities.

Third Stage Payment

10% of the quoted rate pro rata against erection, testing of commissioning

Final Stage Payment

Balance 10% of the quoted rate pro rata against submission of operating licence/certificate fromCompetent State Authority and handing over the lifts.

(Note – Documentary proof of excise duty, custom duty paid to be submitted.)

Other Issues

23. The contractor shall furnish an undertaking as per the enclosed proforma (Annexure IV) that theywill maintain the lifts satisfactorily for a minimum period of 20 years from the date of expiry of the

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defect liability period at the rate quoted by them in this contract towards all inclusive maintenanceservice contract subject to the terms, conditions, scope indicated under scope of service contract.

24. In case, the tenderer feels that engagement of Indian representative is necessary for attending tothis work in India, after award of contract, engagement of such representatives for any purposewould be subject to such conditions regarding disclosure/regulation of agency agreement as maybe required by Indian laws. Any breach/default on the part of the tenderer to disclose the agencyagreement in India will be construed as a breach of contract. However, responsibility for executingscope of the works set out in this contract, including after sales service for the entire committedperiod (20 years) of the service contract and the warranty period shall be of the tenderer only.

25. The Contractor shall carry out all the work strictly in accordance with drawing, details andinstructions of the Bank’s engineer. If in the opinion of the Bank’s engineer, nominal changes haveto be made to suit the site condition and with the prior approval in writing of the Employer, theydesire the Contractor to carry out the same, the Contractor shall carry out the same without anyextra charge.

26. The tenderer must obtain for himself on his own responsibility and at his own expense, all theinformation which may be necessary for the purpose of making a tender and for entering into acontract and must examine the drawings, inspect the site of the work, and acquaint himself with alllocal conditions, means of access to the work, nature of the work and all matters appertainingthereto. The Employer’s decision in such cases shall be final and shall not be open to arbitration.

27. A Schedule of Probable Quantities in respect of each work and Specifications accompany theseSpecial Conditions. The Schedule of Probable Quantities is liable to alteration by omissions,deductions or additions at the discretion of the Employer. Each tender should contain not only therates but also the value of each item of work entered in a separate column and all the items shouldbe totalled in order to show the aggregate value of the entire tender.

28. The rates quoted in the tender shall include all charges for scaffoldings, watching and lighting bynight as well as day including Sundays and holidays, protection of all other erections, matters orthings and the Contractor shall take down and remove any or all such centering, scaffolding etc. asoccasion shall require or when ordered so to do, and fully reinstate and make good all matters andthings disturbed during the execution of work and to the satisfaction of the Bank.

29. Guarding and protecting hoistway shall be responsibility of the tenderer from the date ofcommencement of work at site.

30. The Bank shall provide 1 No. TPN switch fuse unit of the required capacity for each lift and suitablecapacity MCB DB with necessary earth leads in each machine room for lift power and lightsrespectively.

31. The contractor shall not be entitled to any compensation for any loss suffered by him on account ofdelays in commencing or executing the work, whatever the cause of delays may be, includingdelays arising out of modifications to the work entrusted to him or in any sub-contract connectedtherewith or delays in awarding contracts for other trades of the project or in commencement orcompletion of such works. The Employer does not accept liability for any sum besides the tenderamount, subject to such variations as are provided for herein.

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32. The successful tenderer is bound to carry out all items of work necessary for completion of the jobeven though such items are not included in the quantities and rates. Schedule of instruction inrespect of such additional items and their quantities will be issued in writing by the Bank.

33. A brief specification and design data accompany these special conditions. It is not to be acceptedas final by any means. The tenderers are expected to explain in detail the various designs in liftmechanism offered, which would give a more enhanced working and finish.

34. The successful tenderer must co-operate with the other contractors appointed by the Bank so thatthe work shall proceed smoothly with the least possible delay. He should make his ownarrangement for storage and protection of all materials supplied by him.

35. The contractor must bear in mind that all the work shall be carried out strictly in accordance with thespecifications made by the Employer and also in compliance of the requirement of the local publicauthorities and to the requirements of the Lift Inspectorate and any other Acts/Rules/Regulationsand no deviation on any account will be permitted.

36. The successful tenderer shall obtain and pay for necessary inspection fee levied by theGovernment and/or any other authorities and obtain necessary permit as required and also conductsuch tests as are called for by the regulation of the authorities without any extra cost to theEmployer. The inspection fee will be reimbursed by the Bank.

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

Witness Signature of tenderer

Address Address

Date Date

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Section III - Safety Code

1. First-aid appliances, including adequate supply of sterilized dressings and cotton wool, shall bemaintained in a readily accessible place.

2. The injured person shall be taken to a public hospital without loss of time, in cases where the injurynecessitates hospitalisation.

3. Suitable and strong scaffolds should be provided for workmen for all works that can not safely bedone from ground.

4. No portable single ladder shall be over 8 meters in length, the width between the side rails not lessthan 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 thedepth of the trench, whichever is more. All trenches and excavations shall be provided withnecessary minimum height shall be one metre.

6. Every opening in the floor of a building or a working platform shall be provided with suitable meansto prevent the fall of persons or materials by providing suitable fencing or railing whose minimumheight shall be one metre.

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

8. Workers employed on mixing and handling material such as asphalt, cement, mortar or concreteand 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 eye-shields and gloves.

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

11. Suitable face masks should be supplied for use by the workers when the paint is applied in the formof spray or surface having lead paint dry rubbed and scrapped.

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

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

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Section IV - The Conditions Hereinafter Referred To

Interpretation Clause

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

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

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

“Contractor” shall mean _________________________________and ________________________ trading in the name and style of___________________________ and having a place of business at______________________ and shall include the partners for thetime being of the said firm and the legal representatives of adeceased partner.

(in the case ofindividual)

“Contractor” shall mean Shri _______________________ trading inthe name and style of ___________________________ and shallinclude his heirs, successors and legal representatives.

(in the case ofCompany)

“Contractor” shall mean ______________________ a companyincorporated under _________________ and having its registeredoffice at ___________ and shall include its successors and assigns.

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

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

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

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

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

(h) “The works” Shall mean the Supply and Installation of Lifts for Bank’s officebuilding for the Employer at Kolkata as provided herein.

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

Scope of Contract

2. The Contractor shall carry out and complete the said work in every respect in accordance withthis Contract and with the directions of and to the satisfaction of the Employer. The Employermay in his absolute discretion and from time to time issue further drawings and/or writteninstructions, details, directions and explanations, which are hereafter collectively referred to as”Employer’s Instructions” in regard to :

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

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

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

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

The Contractor shall forthwith comply with and duly execute any work comprised in suchEmployer’s instructions provided always that verbal instructions, directions and explanationsgiven to the Contractor or his representatives upon the works by the Employer shall, if involvinga variation, be confirmed in writing by the Contractor within seven days, and if not dissentedfrom in writing within a further seven days by the Employer, such shall be deemed to beEmployer’s instructions within the scope of the Contract.

Variations to be approved by Employer

The Contractor shall submit a statement of variations giving a quantity and rates duly supportedby analysis of rates, vouchers etc. The rates on scrutiny and final acceptance by the Employershall form a supplementary tender. The Employer shall not be liable for payment of suchvariations until these statements are sanctioned by it.

Drawings, Schedule Of Quantities & Agreement

3. The Contract shall be executed in triplicate and the Contractor shall be entitled to one executedcopy for his use. Before the issue of the final certificate to the Contractor, he shall forthwithreturn to the Employer, all Drawings and Specifications to the Bank.

Contractor to provide everything necessary at his cost

4. The Contractor shall provide at his cost, everything necessary for the proper execution of theworks according to the intent and meaning of the Drawings, Schedule of Quantities andSpecifications taken together whether the same may or may not be particularly shown ordescribed therein provided that the same can reasonably be inferred therefrom, and if theContractor finds any discrepancy in the Drawings or between the Drawings, Schedule ofQuantities and Specifications, he shall immediately and in writing refer same to the Employerwho shall decide which is to be followed.

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Authorities, Notices and Patents

5. The Contractor shall conform to the provisions of any Act of the Legislature relating to theworks, and to the regulations and bye-laws of any authority, and of electric supply and othercompanies and/or authorities with whose systems, the installation is proposed to be connectedand shall, before making any variations from the Drawings or Specifications that may benecessitated by so conforming, give to the Employer, written notice, specifying the variationproposed to be made and the reason for making it and apply for instructions thereon. In casethe Contractor shall not receive such instructions within ten days, he shall proceed with the workconforming to the provisions, regulations or bye-laws, in question, and any variation sonecessitated shall be dealt with under Clause No.13 thereof.

The Contractor shall bring to the attention of the Employer, 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 publicoffice, all fees that may be properly chargeable in respect of the works, and lodge the receiptswith the Employer.

The Contractor shall indemnify the Employer against all claims in respect of rights, and shalldefend 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 settingout of the same and for the correctness of the positions, levels, dimensions, and alignment of allparts thereof. If at any time any error in this respect shall appear during the progress of theworks within a period of one year from the completion of the works, the Contractor shall, if sorequired, at his own expense, rectify such error to the satisfaction of the Employer.

Materials and workmanship to conform the descriptions

7. All materials and workmanship shall so far as procurable be of the respective kinds described inthe Schedule of Quantities and/or Specifications and in accordance with the Employer’sinstructions, and the Contractor shall upon the request of the Employer furnish him with allinvoices, 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 whichthe Employer may require.

Contractor’s superintendence and representative on the works

8. The Contractor shall give all necessary personal superintendence during the execution of theworks, and as long thereafter as the Employer may consider necessary until the expiration ofthe “Defects Liability Period” stated in the Appendix hereto. The Contractor shall also during thewhole time the works are in progress, employ a competent representative who shall beconstantly in attendance at the works while the men are at work. Any directions, explanations,instructions or notices given by the Employer to such representative shall be held to be given tothe Contractor.

Dismissal of Workmen

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9. The Contractor shall on the request of the Employer, immediately dismiss from the works, anyperson employed thereon by him who may, in the opinion of the Employer, be incompetent ormisconduct himself and such persons shall not be again employed on the works, without thepermission of the Employer.

Access to Works

10. The Employer and their respective representatives shall at al reasonable times have freeaccess to the works and/or the workshops, factories or other places where materials are lying offrom which they are being obtained and the Contractor shall give every facility to the Employerand their representatives necessary for inspection and examination and test of the materialsand workmanship. No person not authorised by the Employer except the representatives ofpublic authorities shall be allowed on the works at any time.

Assistant Manager (Tech)/Manager (Tech)

11. The term “Assistant Manager (Tech)/Manager (Tech)” shall mean the person appointed andpaid by the Employer to inspect the works, the Contractor shall afford the Assistant Manager,every facility and assistance for inspecting the works and materials and for checking andmeasuring time and materials. The Assistant Manager (Tech)/Manager (Tech) shall have powerto set out works or to revoke, alter, enlarge or relax any requirements of the Contract or tosanction 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 with the priorconcurrence in writing of the Employer.

The Assistant Manager (Tech)/Manager (Tech) or the Employer shall have power to give noticeto the Contractor or to his representative of non-approval of any work or materials and suchwork shall be suspended or the use of such materials shall be discontinued by the AssistantManager/Manager (Tech) but such examination shall not in any way exonerate the Contractorfrom the obligation to remedy any defects which may be found to exist at any stage of the worksor after the same is completed.

Assignments and Sub-letting

12. The whole of the works included in the Contract shall be executed by the Contractor and theContractor shall not directly or indirectly transfer, assign or under-let the Contract or any partshare thereof or any interest therein without the prior written consent of the Employer, and noundertaking shall relieve the Contractor from the full and entire responsibility of the Contract orfrom active superintendence of the works during their progress.

13. No alteration, omission or variation shall vitiate this Contract but in case the Employer thinksproper at any time during the progress of the works to make any alterations in or additions to oromissions from the works or any alteration in the kind or quality of the materials to be usedtherein and shall give notice thereof in writing under his hand to the Contractor, the Contractorshall alter, add to or omit from, as the case may be, in accordance with such notice but theContractor shall not do any work extra to or make any alterations or additions to or omissionsfrom 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 Employer andthe value of such extras, alterations, additions or omissions shall in all cases be determined bythe Employer, with the prior approval in writing of the Employer in accordance with the

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provisions of Clause 17 hereof, and the same shall be added to or deducted from the ContractAmount, as the case may be, accordingly.

Schedule of Quantities

14. The Schedule of Quantities, unless otherwise stated, shall be deemed to have been prepared inaccordance with the Standard Method of Measurement.

Any error in description or in quantity or in omission of items from the Schedule of Quantitiesshall not vitiate this contract but shall be rectified and the value thereof as ascertained underClause 17 hereof, shall be added to, or deducted from , the Contract Amount (as the case maybe) provided that no rectification of errors, if any, shall be allowed in the Contractor’s Scheduleof Rates.

Sufficiency of Schedule of Quantities

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

Measurement of Works

16. The Assistant Manager (Tech)/Manager (Tech) may from time to time intimate to the Contractorand the Employer that he requires the works to be measured, and the Contractor shall forthwithattend or send a qualified Agent to assist the Assistant Manager (Tech)/Manager (Tech) intaking such measurements and calculations and to furnish all particulars or to give allassistance required by any of them.Should the Contractor not attend or neglect or omit to send such Agent, then the measurementtaken by the Assistant Manager(Tech)/Manager (Tech) shall be taken to be correctmeasurements of the works. Such measurements shall be taken in accordance with the Modeof Measurement detailed in the Specifications.

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

Prices for extra etc. ascertainment of

17. The Contractor may, when authorised by Employer, add to, omit from , or vary the works shownupon 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 ordirection. A verbal authority or direction by the Employer shall, if confirmed by him in writingseven 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 ofClause 5 hereof with the concurrence of the Employer as herein mentioned. Any such extra isherein referred to as authorised extra and shall be made in accordance with the followingprovisions.

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

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

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

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

(d) Where extra work can not be properly measured or valued, the Contractor shall beallowed day work prices at the net rates in accordance with the local day workrates and wages for the district, provided that in either case vouchers specifyingthe daily time and materials employed, be delivered for verification to the Bank'sEmployer at or before the end of the week following that in which the work hasbeen executed.

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

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

18. Where in any Certificate (of which the Contractor has received payment) the Employer hasincluded the value of any unfixed materials intended for and/or placed on or adjacent to theworks, such materials shall become the property of the Employer and they shall not be removedexcept for use upon the works, without the written authority of the Employer. The Contractorshall be liable for any loss of or damage to such materials.

Removal of improper work

19. The Employer shall, during the progress of the works, have power to order in writing from timeto time the removal from the works within such reasonable time or times, as may be specified inthe order, of any materials which in the opinion of the Employer are not in accordance with theSpecifications or the instructions of the Employer, the substitution of proper materials, and theremoval and proper re-execution of any work executed with materials or workmanship not inaccordance with the Drawings and Specifications or instruction, and the Contractor shallforthwith carry out such order at his own cost. In case of default on the part of the Contractor tocarry out such order, the Employer shall have the power to employ and pay the other persons tocarry out the same, and all expenses consequent thereon, or incidental thereto shall be borneby the Contractor, or may be deducted by the Employer from any moneys due, or that maybecome due, to the Contractor.

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Defects after virtual completion

20. Any defect, shrinkage, settlement or other faults which may appear within the “Defects LiabilityPeriod” stated in the Appendix hereto, if none stated, then within 12 months after the virtualcompletion of the works, arising in the opinion of the Employer from materials or workmanshipnot in accordance with the contract, shall upon the directions in writing of the Employer, andwithin such reasonable time as shall be specified therein, be amended and made good by theContractor, at his own cost and in case of default, the Employer may employ and pay otherpersons to amend and make good such defects, other faults, and all damages, loss andexpenses consequent thereon or incidental thereto shall be made good and borne by theContractor and such damage, loss and expenses shall be recoverable from him by theEmployer or may be deducted by the Employer from any moneys due or that may become dueto the Contractor, or the Employer may in lieu of such amending and making good by theContractor deduct from any money due to the Contractor a sum to be determined by theEmployer equivalent to the cost of amending such work and in the event of the amount retainedunder Clause 32 hereof being insufficient, recover the balance from the Contractor, togetherwith any expenses the Employer may have incurred in connection therewith. Should anydefective work have been done or material supplied by any Sub-Contractor employed on theworks who has been nominated or approved by the Employer as provided in Clauses 12 and 22hereof, the Contractor shall be liable to make good in the same manner as if such work ormaterial had been done or supplied by the Contractor and been subject to the provisions of thisClause and Clause 2 hereof. The Contractor shall remain liable under the provision of thisClause, notwithstanding the signing of any certificate or the passing of any accounts, by theEmployer.

Certificate of virtual completion and Defects Liability Period

21. The works shall not be considered as completed until the Employer has certified in writing thatthey have been virtually completed. The Defects Liability Period shall commence from the dateof such Certificate.

Nominated Sub-Contractor

22. All Specialists, Merchants, Tradesman and others executing any work of supplying an fixing anygoods, for which prime cost prices or provisional sums are included in the Schedule of Quantitiesand/or Specifications, who may be nominated or selected by the Employer are hereby declaredto be Sub-Contractors employed by the Contractor and are herein referred to as nominated Sub-Contractors.

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

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

(b) That the nominated Sub-Contractor shall indemnify the Contractor against claims inrespect of any negligence by the Sub-Contractor, his servants or agents or any misuseby him or them of any scaffolding or other plant, the property of the Contractor or underany Workmen’s Compensation Act in force.

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(c) Payment shall be made to the nominated Sub-Contractor within fourteen days providedthat all nominated Sub-Contractor’s accounts included in previous Certificates have beenduly discharged, in default whereof, the Employer may pay the same and deduct theamount thereof from any sums due to the Contractor. The exercise of this power shall notcreate privity of contract as between Employer and Sub-Contractor.

Other persons employed by Employer

23. The Employer reserves the right to use the premises and any portions of the site for theexecution of any work not included in this Contract, which it may desire to have carried out byother persons, and the Contractor shall allow all reasonable facilities for the execution of suchwork but shall not be required to provide any plant or materials for the execution of such work.Such work shall be carried out in such manner as not to impede the progress of the worksincluded in the Contract and the Contractor shall not be reasonable for any damage or delaywhich may happen to or occasioned by such work.

Insurance in respect of damage to person and property

24. The Contractor shall be reasonable for all injury to persons, animals or things, and for alstructural and decorative damage to property which may arise from the operation or neglect ofhimself or of any nominated Sub-Contractor or any employee or either, whether such injury ordamage arises from carelessness, accident or any other cause whatever, in any way connectedwith the carrying out of this Contract. This Clause shall be held to include inter alia, anydamage to buildings, whether immediately adjacent or otherwise, and any damage to roads,streets, footpaths, bridges or ways as well as all damage caused to the buildings and worksforming the subject of this Contract by frost, rain wind or other inclemency of weather. TheContractor shall indemnify the Employer and hold him harmless in respect of all and anyexpenses arising from any such injury or damage to persons or property as aforesaid and also inrespect of any claim made in respect of injury or damage under any Acts of any legislature orotherwise and also in respect of any award of compensation or damages consequent upon suchclaim.

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

The Contractor shall indemnify the Employer against all claims which may be made against theEmployer by any member of the public or other third party in respect of anything which may arisein respect of the works or in consequences thereof and shall at his own expense arrange toeffect and maintain, until the virtual completion of the Contract, with an approved Office a Policyof Insurance in the joint names of the Employer and the Contractor against such risks anddeposit such Policy or Policies with the Employer from time to time during the currency of thisContract. The Contractor shall also similarly indemnify the Employer against all claims whichmay be made upon the Employer whether under the Workmen’s Compensation Act or any otherstatute in force during the currency of this contract or at Common Law in respect of anyemployee of the Contractor or any Sub-Contractor and shall at his own expenses effect andmaintain, until the virtual completion of the Contract, with an approved Office a Policy ofInsurance in the joint names of the Employer and the Contractor against such risks and depositsuch Policy or Policies with the Employer from time to tome during the currency of the Contract.

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The Contractor shall be responsible for any liability which may be excluded from the InsurancePolicies above referred to and also for all other damages to any person, animal or propertyarising out of and incidental to the negligent or defective carrying out of this Contract. He shallalso indemnify the Employer in respect of any costs, charges or expenses arising out of anyclaim or proceedings and also in respect of any award of compensation or damages, arisingtherefrom.

The Employer shall be entitled to deduct the amount of any damage, compensation, costs,charges and expenses arising or accruing from or in respect of any such claims or damage fromany or all sums due or to become due to the Contractor, without prejudice to the Employer’sother rights in respect thereof.

Fire Insurance

25. (a) The Contractor shall insure the works at his cost and keep them insured until the virtualcompletion of the work, against loss or damage by fire with in the joint names of the Employerand Contractor (the name of the former being placed first in the Policy), for the full amountof the contract and for any further sum if called upon to do so by the Employer, the premium ofsuch further sum, being allowed to the Contractor as an authorised extra. Such policy shallcover the property of the Employer only and the Employer’s and Surveyors’ fees for assessingthe claim and in connection with his services generally in the reinstatement and shall not coverany property of the Contractor or of any Sub-Contractor or employee. The Contractor shalldeposit the Policy and receipts for the premia as specified unless otherwise instructed by theEmployer. In default of the Contractor insuring as provided above, the Employer on his behalf,may so insure the works and may deduct the premia paid from any moneys due or which maybecome due to the Contractor without prejudice to the other rights of the Employer in respect ofsuch default. In case it becomes necessary to suspend the works, the Contractor shall, as soonas the claim under the Policy is settled, or the work reinstated by the Insurance Office, shouldthey elect to do so, proceed with all due diligence with the completion of the works in the samemanner as though the fire had not occurred and in all respects under the same Conditions ofContract. The Contractor in case of rebuilding or reinstatement after fire, shall be entitled tosuch extension of time for completion as the Employer deems fit.

(b) The amount so due as aforesaid shall be the total value of the works duly executed andof the Contract materials and goods delivered upon the site for use in works upto and including adate not more than seven days prior to the date of the said Certificate lees the amount to beretained by the Employer (as hereinafter provided) and less any instalments previously paidunder this Clause. Provided that such certificate shall only include the value of the said materialsand goods as and from time to time as they are reasonably, properly and not prematurelybrought upon the site and then only if properly stored and/or protected against weather.

Date of Commencement And Completion

26. The Contractor shall be allowed admittance to the site on the “Date of Commencement” stated inthe Appendix hereto or such later date as may be specified by the Employer and he shallthereupon and forthwith being the works and shall regularly proceed with and complete the same(except such painting or other decorative work as the Employer may desire to delay) on orbefore the “Date of Completion” stated in the Appendix subject nevertheless to the provisions forextension of time hereinafter contained.

Damages for Non-completion

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27. If the Contractor fails to complete the works by the date stated in the Appendix Here in before,Referred to or within any extended time under Clause 28 hereof and the Employer certifies inwriting that in his opinion the same ought reasonably to have been completed, the Contractorshall pay the Employer the sum named in the Appendix as “Liquidated Damages” for the periodduring which the said works shall so remain incomplete and the Employer may deduct suchdamages from any moneys due to the Contractor.

Delay And Extension of Time

28. If in the opinion of the Employer, the works be delayed (a) by force majeure or (b) by reason ofany exceptionally inclement weather or (c) by reason of proceedings taken or threatened by ordispute with adjoining or neighbouring owners or public authorities arising otherwise thanthrough the Contractor’s own default or (d) by the works or delays of other Contractors orTradesmen engaged or nominated by the Employer and not referred to in the Schedule ofQuantities, and/or Specification or (e) by reason of Employer’s instructions as per Clause 2hereof or (f) by reason of civil commotion, local combination of workmen or strike or lock-outaffecting any of the building trades or (g) in consequence of the Contractor not having receivedin due time, necessary instructions from the Employer for which he shall have specifically appliedin writing or (h) from other causes which the Employer may certify as beyond the control ofContractor or (i) in the event the value of the work exceeds the value of the Priced Schedule ofQuantities owing to variation, make a fair and reasonable extension of time for completion of theContract works,, in case of such strike or lock-out the Contractor shall nevertheless constantlyuse his endeavours to prevent delay and shall do all that may reasonably be required to thesatisfaction of the Employer to proceed with work.

Failure by Contractor to comply with Employer’s instructions

29. If the Contractor after receipt of written notice from the Employer requiring compliance within tendays fails to comply with such further drawings and the Employer may employ and pay otherpersons to execute any such work whatsoever that may be necessary to give effect thereto, andall costs incurred in connection therewith shall be recoverable from the Contractor by theEmployer or may be deducted by him from any moneys due to the Contractor.

Termination of Contract by the Employer

30. If the Contractor being an individual or a firm commits any “act of insolvency”, or shall beadjudged an insolvent or being an Incorporated Company shall have an order for compulsorywinding up made against it or pass an effective resolution for winding up voluntarily or subject tothe supervision of the Court and the Official Assignee of the Liquidator, in such acts ofinsolvency or winding up, as the case may be, shall be unable, within seven days after notice tohim requiring him to do so, to show the reasonable satisfaction of the Employer that he is able tocarry out and fulfil the Contract and to give security therefor, if so required by the Employer.

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

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

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Or shall assign or sublet this Contract without the consent in writing of the Employer first hadobtained,

Or shall charge or encumber this Contract or any payments due or which may become due tothe Contractor hereunder,

Or if the Employer determine that the Contractor

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

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

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

(iv) has failed to remove materials from the site or to pull down, and replace work for sevendays after receiving written notice that the said materials or work were condemned andrejected by the Employer under these Conditions or

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

Then and in any of the said cases, the Employer may notwithstanding any previous waiver, aftergiving seven day’s notice in writing to the Contractor, determine the Contract and liabilities of theContractor, the whole of which shall continue in force fully as if the Contract had not been sodetermined, and as if the works subsequently executed had been executed by or on behalf of theContractor and further, the Employer by his agents or servants may enter upon and takepossession of the works and all plant, tools, scaffoldings, machinery and materials lying upon thepremises or the adjoining lands or roads, and use the same as his own property or may employthe same by means of his servants and workmen in carrying on and completing the works or byemploying any other Contractor or other person or persons to complete the works, and theContractor or other person or persons employed for completing and finishing or using thematerials and plant for the works. when the works shall be completed or as soon thereafter asconvenient, the Employer shall give a notice in writing to the Contractor to remove his surplusmaterials and plant, and should the Contractor fail to do so within a period of twenty days afterreceipt thereof by him, the Employer may sell the same by public auction, and give credit to theContractor for the net amount realised. The Employer shall thereafter ascertain in writing underhis hand what (if anything) shall be due or payable to, or by the Employer, for the value of thesaid plant and materials so taken possession of by the Employer and the expense or loss whichthe Employer shall have been put to in procuring the works to be completed, and the amount, ifany, owing to the Contractor and the amount which shall thereupon be paid by the Employer tothe Contractor or by the Contractor to the Employer, as the case may be, and the decision of theEmployer shall be final and conclusive between the parties.

Termination of Contract by Contractor

31. If payment of the amount payable by the Employer shall be in arrears and unpaid for thirty daysafter notice in writing requiring payment of the amount as aforesaid shall have been given by theContractor to the Employer or if the Employer shall repudiate the Contract, or if the works bestopped for three months under the order of the Employer or by any injunction or other order of

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any Court of Law, then and in any of the said cases, the Contractor shall be at liberty todetermine the Contract by notice in writing to the Employer and he shall be entitled to recoverfrom the Employer, payment for all works executed and for any loss he may sustain upon anyplant or materials supplied or purchased or prepared for the purpose of the Contract.

In arriving at the amount of such payment, the net rates contained in the Contractor’s originalTender shall be followed, or where the same may not apply, valuation shall be made inaccordance with Clause 17 hereof.

Certificates and Payments

32. The Contractor shall be paid by the Employer from time to time by instalments under InterimCertificate to the Contractor on account of the works executed, work to the approximate valuenamed in the Appendix as “Value of work for Interim Certificates” (or less at the reasonablediscretion of the Employer) has been executed in accordance with this Contract, after which timethe instalments shall be upto the full value of work, subsequently so executed and fixed in thebuilding. The Employer may, at his discretion, include in the Interim Certificate such amount ashe may consider proper on account of materials delivered upon the site by the Contractor for usein the works. And when the works have been virtually completed and the Employer shall havecertified in writing that they have been completed, the Contractor shall be entitled to the paymentof the Final Balance in accordance with the Final certificate to be issued in writing by theEmployer at the expiration of the period referred to as “the Defects Liability Period” in theAppendix hereto from the date of Virtual Completion or as soon after the expiration of suchperiod as the works shall have been finally completed and defects made good according to thetrue intent and meaning hereof, whichever shall last happen, provided always that the issueby the Employer of any certificate during the progress of the works at or after theircompletion shall not relieve the Contractor from his liability under Clause 2 and 20 nor relieve theContractor of his inability in cases of fraud, dishonesty or fraudulent concealment relating to theworks or materials or to any matter dealt within the Certificate, and in case of all defects andinsufficiencies in the works or materials, which a reasonable examination would not havedisclosed. No Certificate shall of itself be conclusive evidence that any works or materials, towhich it relates, are in accordance with the Contract neither will the Contractor have a claim forany amounts which the Employer might have been certified in any interim bill and paid by theEmployer and which might subsequently be discovered as not payable and in this respect theEmployer’s decision shall be final and binding.

The Employer shall have power to withhold any Certificate if the works or any parts thereof arenot being carried out to his satisfaction.

The Employer may by any Certificate make any correction in any previous certificate which shallhave been issued by him.

No certificate or payment shall be issued if the Contractor fails to insure the works and keepthem insured till the issue of the Virtual Completion Certificate.

Payments shall be made within the period named in the Appendix as “Period for honouringCertificates” after such Certificates have been delivered to the Employer.

Delayed Payment

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33. Any amounts payable by the Employer to the Contractor if not paid within the “Period forhonouring Certificates” named in the Appendix, carry interest at the rate named in the Appendixas the “Rate of interest for delayed payment” from the date upon which such sum ought to havebeen paid by the Employer until the payment.

Matters to be finally determined by Employer

34. The decision, opinion, direction, Certificate (except for payment), with respect to all or any of thematter under Clauses 2(a), 2(b), 4,7,12,19,28 (a,b,c,d,f) hereof (which matters are hereinreferred to as the excepted matters) shall be final and conclusive and binding on the partieshereto and shall be without appeal. Any other decision, opinion, direction, Certificate or valuationof the Employer or any refusal of the Employer to give any of the same shall be subject to theright of arbitration and review under Clause 35 hereof in the same way in all respects (includingthe provision as to opening the reference) as if it were a decision of the Employer.

Settlement of dispute by arbitration

35. In case of any dispute or difference arising out of or in connection with or in carrying out of thework (whether during the progress of the work or after completion and whether before or afterthe determination, abandonment or breach of contract) except as to any of the excepted mattersprovided hereunder the parties hereto, shall first endeavour to settle such disputes ordifferences amicably. If both the parties fail to reach such amicable settlement, all the disputesor differences shall be finally settled by arbitrators as provided herein.

In case of failure of such amicable settlement by the parties, then either party may within 28days of such a failure give a written notice to the other party requiring that all matters in disputeor difference be arbitrated upon. Such written notice shall specify the matters which are indispute or differences of which such written notice has been given and no other matter shall bereferred to the arbitration of a single arbitrator to be appointed by both the parties or in case ofdisagreement as to the appointment of a single arbitrator, the appointment of two arbitrators(one to be appointed by each party) and an umpire to be appointed by the arbitrators. Theprovisions of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactmentthereof and rules framed thereunder from time to time shall apply to such arbitrations.

In the event of the Arbitrator or any one of the Arbitrators, as the case may be, dying,neglecting, refusing to act or resigning or being unable to act for any reason or the award beingset-aside by the Court for any reason it shall be lawful for the parties to appoint anotherArbitrator in the manner provided herein above.

The venue of arbitration shall be Kolkata, INDIA.

The Arbitrator or Arbitrators appointed under this Schedule shall hold the arbitration proceedingjointly and shall have the power to extend the time to make the award with the consent of theparties.

Pending reference to arbitration and award thereon, the parties shall make all endeavour tocomplete the work in all respects as herein contracted and all disputes, if any, will finally besettled in the arbitration.

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Upon every or any such references to the arbitration, as provided herein the cost of andincidental to the reference and award respectively shall be, at the discretion of the Arbitrator orArbitrators or the Umpire, as the case may be, who may determine the amount thereof.

The Arbitrator, Arbitrators or Umpire, as the case may be, shall give reasoned award in respectof each item of disputes which shall be final and binding on both the parties. It is agreed thatthe Contractor shall not delay the carrying out of the work by reason of any such matter,question or dispute being referred to arbitration, but shall proceed with the work with all duediligence and shall, until the decision of the Arbitrators, as the case may be, is given, abide bythe terms and conditions of the contract herein, as also instructions with regard to the actualcarrying out of the work herein contracted and no award shall relieve the Contractor of hisobligations to adhere strictly to the terms and conditions of the contract herein as alsoinstructions with regard to the actual carrying out of the work. The Bank and the Contractorhereby also agree that arbitration under this schedule shall be a condition precedent to any rightof action, under the Contract.

In case during the arbitration proceedings, the parties mutually settle, compromise or compoundtheir dispute or difference, the reference to arbitration and the appointment of the Arbitrator orArbitrators, or Umpire, as the case may be, shall be deemed to have been revoked and thearbitration proceedings shall stand withdrawn or terminated with effect from the date on whichthe parties file a joint memorandum of settlement thereof with the Arbitrator or Arbitrators or theUmpire, as the case may be.

For the purpose of this clause, the expression “excepted matters” shall mean and refer to all orany of the matters under Scope of work, Contract price, Delivery Schedule & Final Acceptancecertificate.

Right of technical scrutiny of final bill

36. The Employer shall have a right to cause a technical examination of the works and the final bill ofthe Contractor including all supporting vouchers, abstracts etc. to be made at the time ofpayment of the final bill. If as a result of this examination or otherwise, any sum is found to havebeen overpaid or over-certified, it shall be lawful for the Employer to recover the sum.

Employer entitled to recover compensation paid to workmen

37. If, for any reason, the Employer is obliged, by virtue of the provision of the Workmen’sCompensation Act,1923, or any statutory modifications or re-enactment thereof to paycompensation to a workman employed by the Contractor in execution of the works, the Employershall be entitled to recover from the Contractor the amount of compensation so paid, and withoutprejudice to rights of the Employer under the said Act. The Employer shall be at liberty to recoversuch amount or any part thereof by deducting it from the security deposit or from any sum due bythe Employer to the Contractor under this Contract or otherwise. The Employer shall not bebound to contest any claim made against it under the said Act, except on the written request ofthe Contractor and upon his giving to the Employer full security to the satisfaction of theEmployer for all costs for which the Employer might become liable in consequence of contestingsuch claim.

Abandonment of Works

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38. At any time after acceptance of the tender, the Employer shall, for any reasons whatsoever, notrequire the whole or any part of the works to be carried out, the Employer shall give notice inwriting to the Contractor who shall have no claim to any payment of compensation or otherwisewhatsoever on account of any profit or advantage which he might have derived from theexecution of the whole works.

Return of surplus materials

39. Notwithstanding anything contained to the contrary in any or all the Clauses of this Contract,where any material for the execution of the Contract is procured with the assistance of theEmployer by purchases made under orders or permits or licenses issued by Government, theContractor shall hold the said materials economically and solely for the purpose of the Contractand not dispose of them without the prior written permission of the Employer and return it to theEmployer, if required by the Employer, at the price to be determined by the Employer havingdue regard to the condition of the materials, the price to be determined not to exceed thepurchase price thereof inclusive of sales tax, octroi and other such levies paid by the Contractorin respect thereof. In the event of breach of the aforesaid condition, the Contractor shall, inaddition to being liable to action for contravention of the terms of licenses or permits and/orcriminal breach of trust, be liable to the Employer for all moneys, advantages or profits resulting,or which in the usual courses would have resulted to him, by reason of such breach.

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

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

Marginal Notes

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

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Section (V)- Articles of Agreement

ARTICLES OF AGREEMENT made the ____________________ day of ____________ between theReserve Bank of India, ________________________ (name of the office) having its Central Office atMumbai 400001 (hereinafter called “the Employer”) of the one part and _______________ (hereinaftercalled “the Contractor”) of the another part.

WHEREAS the Employer is desirous of installing electrical lifts in the Bank’s office bldg at Kolkata andhas caused drawings and specifications describing the work to be done to be prepared by M/s_________________________________________.

AND WHEREAS the said drawings numbered ________ to ________ inclusive, the Specifications andthe 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 forthherein and to the conditions set forth in the Special Conditions and in the Schedule of Quantities andConditions of Contract (all of which are collectively hereinafter referred to as “the said Conditions”) theworks shown upon the said drawings and/or described in the said Specifications and included in theSchedule of Quantities at the respective rates therein set forth amounting to the sum as therein arrivedat or such other sum as shall become payable there under (hereinafter referred to as “said ContractAmount”).

NOW IT IS HEREBY AGREED AS FOLLOWS

In consideration of the said Contract Amount to be paid at the times and in the manner set forth in theSaid Conditions, the Contractor shall upon and subject to the Said Conditions execute and completethe work shown upon the said Drawings and described in the Said Specifications and the Schedule ofQuantities.

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

The Said Conditions and Appendix thereto and any correspondence exchanged between the Bank andthe firm from the date of opening Part I of the tender till the date of letter of acceptance of their tendershall be read and construed as forming part of this Agreement and the parties hereto shall respectivelyabide by, submit themselves to the said Conditions and perform the agreements on their partrespectively 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 specifiedelsewhere to carry out work in respect of the entire lift installation to be paid for at the rates/amountscontained in the Schedule of Rates and Probable Quantities or as provided in the Said Conditions.

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 andshall make good any damages done to walls, floors etc. after the completion of such works.

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Time shall be considered as the essence of this contract and the Contractor hereby agrees tocommence the work soon after the site is handed over to him or from tenth day of date of issue offormal work order as provided for in the said Conditions, whichever is later, and to complete the entirework within 54 weeks subject nevertheless to the provisions for extension of time.

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

All disputes arising out of or in any way connected with this Agreement shall be deemed to have arisenat Kolkata and only Courts in Kolkata 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 thesepresents 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 authorisedofficial and the Contractor has caused its common seal to be affixed hereunto and the said twoduplicates / 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 theReserve Bank of India by the hand ofShri _______________________________

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

(Witnesses)

SIGNED AND DELIVERED byShri _______________________________

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

If the party is a partnership form oran individual, it should be signed byall or on behalf of all the partners.

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___________________________________(Witnesses)

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

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

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

If the Contractor signs undercommon seal, the signature clauseshould tally with the sealing clause inthe Articles of Association.

If the Contractor is signing by thehand of power of attorney, whether acompany or an individual.

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Section (VI) - Appendix Hereinbefore Referred To

1. Defects Liability Period Twelve months from the date of VirtualCompletion Certificate referred to in Clause21 of the section “Conditions HereinafterReferred To”.

2. Period of Final Measurement 3 months

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

4. Date of Completion Date of virtual completion certificate.

5. Liquidated damages at the rate of 0.25% of the contract value per week subjectto a maximum of 10% of the contract value ofthe delayed lifts.

6. Value of works for interim certificates Rs. 20 lakhs

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

8. Interest for delayed payment 3% per annum

Employer Contractor

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Section (VII) - Introduction

Replacement of lifts- Bank’s main office building , Kolkata

The Bank’s main office building comprising of ground plus 11 upper floors was constructed in 1965.Together with the construction of the building, passenger lifts and freight lifts of M/s Otis make havebeen provided as detailed under:

� Group of 2 lifts, each of 16 passenger capacity @ 2.5mps speed serving ground to 11th floor (Rise49meters)

� Group of 2 lifts, each of 16 passenger capacity @ 2.5mps speed serving ground to 8th floor (Rise37meters)

� Group of 2 lifts, each of 16 passenger capacity and of 1.5mps speed serving ground to 8th floor(Rise 37 meters)

� Two freight lifts each of 2 tonne capacity having 7 stops� Two escalators serving ground and second floor

The Bank desires to replace all the lifts as indicated above(except the escalators) with State of Artcurrent technology lifts. The Scope of works in brief are as under:

Scope of works:

1. Dismantling of the existing lifts and removing of all the equipments, materials, debris carefully andtaking away the same.

2. Installation of the new lifts in batches as per specification.3. No component of the old lifts should be retained.

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Section (VIII) – Technical Specifications & Schedule of Work

1. General

These specifications are intended to cover the complete installation of the lift with all materials inaccordance with the drawings and specifications. This work shall be done in accordance with theprovisions of State or local Act in force and latest Indian Standard as applicable. The Electricalwiring shall strictly comply to IS:732 and the entire installation shall be in accordance with theIndian Electricity Act 1910 and Indian Electricity Rules 1956. The Contractor shall arrange toobtain the sanction of the lift authorities for commissioning of the lift and hand-over for operation.

2. Drawings

Before commencing work, the Lift Contractor shall prepare and submit all drawings necessary toshow the general arrangement of the lift equipment. These drawings must be properly approvedby the Employers/Bank’s Engineer before installation of the lift and these drawings will becomepart of the contract.

3. Painting

All exposed metal work furnished in these specifications, except as otherwise specified, shall beproperly spray-painted with good quality nitrocellulose paint at the Lift Contractor’s works over ananti-corrosive primer coat and after installations, if defects are found in the paint.

4. Guarantee

The lift contractor shall guarantee that the materials and workmanship of the apparatus installedby him under these specifications shall be first class in every respect. He will make good at hisown cost any defects which may develop within one year from the date of commissioning of theinstallation, ordinary wear and tear and improper use excepted.

5. Works not included

A lift well with suitable pit and head room, machine room properly lighted and ventilated, will beprovided by the Employer. Also necessary electric feed wires and main switch in the machineroom and door openings with architrave will be provided by the Employer.

6. Works included

Scaffolding necessary for erection, and all builder’s work for cutting away and making good towalls and masonry work required, including repairs to plaster, also all chases and openings asrequired by the Lift Contractor and shown on his drawings, will be by the Lift Contractor. MachineRS beams and/or MS channels for support of lift machinery and buffers shall be supplied anderected by the Lift Contractor.

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7. Design data

(See separate data sheet).

8. The lift shall be protected as follows.

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

brought to rest immediately by means of grips on the glides.(c) By car and landing door locks so that in the event of any door kept opened, the lift will not

start.(d) By speed governor operating on the control circuit and applying the brakes in case of

over-speeding of car in any direction.(e) By means of over travel limit switches in both downward and upward direction.(f) By means of a phase reversal relay.(g) By means of a single phasing relay.(h) By a device that ensures that the brakes apply as soon as a single phasing occurs or

when the drive fails to start for whatever reason.(i) By means of suitable type and capacity buffers in the lift pit.(j) The car and landing door shall not open either automatically or by pressing door open

push button when the lift car is not within the levelling limits.

9. Before handing over the lift the following tests shall be conducted on the lift installation. The liftwill not be taken over unless all the test results conform to the specifications.

(a) All protection and safety devices shall be tested for its proper functioning.(b) The lift will be loaded for its full capacity and the following will be tested.

(i) Speed(ii) Levelling at all landings

(c) The lift will be kept empty and the following will be tested(i) Speed(ii) Levelling

(d) Overload – No start and overload annunciation.(e) Test for rope slip under 120% load plus 20% in standstill condition.

(f) Reduced voltage and both direction rotation(g) Controller function test

10. Electric wiring

Complete necessary FRLS type insulated copper wiring to connect all parts of the equipmentshall be furnished and installed. Insulated wiring shall have a flame-retarding and moisture-resisting outer cover and shall be run in a metal conduit/trough.

Trailing cables between car and lift well shall be FRLS type PVC sheathed copper conductormulti-core type, designed for lift service and shall have flame-retarding and moisture-resistingouter cover. They shall be flexible and shall be suitably suspended to relieve strains in theindividual conductors. Independent light flexible wires will not be accepted. All conductors shallbe suitable gauge copper conductors to obviate excess voltage drop. All insulated conductor and

45

conduit or tubing, as well as fittings including metal boxes, trough and ducts shall comply withthe requirements of relevant IS specification and/or BS specification.

11. A common indicator panel to display the status of all the lifts in the lift lobby at an appropriate place.

1. Overload warning2. Full load bypass with indication on the floor landing by-passed3. Traffic handling / car despatch by any or all of the following -

a) Depending upon the no. of persons calling for the lift service from any landing and thecar call

b) Depending upon the number of people desiring to reach a specified floorc) Peak up trafficd) Peak down traffice) Special request for increased traffic to any floor either up or downf) Automatic allocation of lifts for specified floors during peak up/down demandg) Anti nuisance car call protectionh) Automatic car return and car parking

4. A communication port should be provided for each lift / a group of lifts with all necessarysoftware / hardware for connecting to Building Management System (BMS - to be providedby the owner at a later date) with provision of the following.i) Status of each lift;ii) Floor position of each lift;iii) Alarm indication for each lift;iv) should be able to schedule the lifts from BMS

5. One of the 12 stops lift will be earmarked for use of handicapped persons. The followingadditional features should be provided for this lift:i) Braille markings on all buttons inside carii) Voice announcement system with all necessary equipmentiii) Hand rail (SS)iv) Appropriate positioning of car operating panel inside the lift

12. Test certificates for guide rails, ropes, buffers, trailing cable and motor routine test to besubmitted.

46

Section (IX) - Inspection of lift equipment at manufacturer's site

The Bank at its discretion will inspect the lift equipments at the manufacturer's works before despatchof the same to the site at Bank's Office Building in Kolkata, India. The inspection by the Bank'sEngineer will cover the following.

(a) lift machines of passengers & freight lifts(b) V3F controllers of passengers & freight lifts(c) Door opening system of passengers & freight lifts(d) One assembled passenger lift car with panels of design approved by the Bank.(e) All signalling/control/indicating devices(f) Any other material/equipment/components

The above equipment will be inspected, marked and cleared for despatch by the Bank's Engineers.

The tenderer should afford all facilities at the manufacturer's site to enable the inspection by the Bank.

47

Section (X) - Data Sheet

Technical Specifications for passenger lifts

Group of lifts serving 12 stops

1. No. of lifts 22. Type Passenger3. Capacity 16 passengers (1088 kg.)4. Speed 2.5 mps5. Travel 50 M Approx.6. Stops and opening 12 stops, all opening on same side, Ground to 11th

floor7. Drive Variable Voltage Variable Frequency AC Geared drive8a. Control Microprocessor based full collective/selective duplex

group control with Peer to Peer communication amongthe control panels fully programmable, with/withoutattendant and with suitable latest traffic managementsoftware

8b. Levelling Precise levelling accuracy with close loop control,velocity transducers, proximity/magnetic switches

9. Lift Machine Room Directly above the shaft10. Power supply AC 400 V + 10% 50 Hz + 6%11. Car Car door: brush/hairline/matt finished stainless steel

panel.Car panels: four corners will be with mirror finish SS.Back and side panel excluding corners will be of SSwith honeycomb/any approved design ofetching/cladding.Car ceiling: suspended MS sheet with ivory colorpowder coated paint.Lighting: With three rows of lights, each row havingthree CFL fittings (fittings to be approved by Bank).Ventilation: Adequate flow of air with concealed axialtype blowers.Flooring: 30mm recess to be provided in the carplatform. Granite flooring shall be provided by theBank.Size: about 1900mm wide, 1400mm deep and2400mm high (inside dimensions).

12. Car and landing dooroperation

Door operating system with ACVF/DC drive

13. Car Door SS Car Door 2100 mm. high and 1050 mm. wide withfull length multiple Infra Ray Door Detectors.

14. Landing Doors MS landing doors 2100 mm. high and 1050 mm. widepainted with approved shade on all floors exceptground floor and executive floor. For these two floors,

48

the doors will be with matt/hairline/brush finished SSpanels, as approved by the Bank.

15. Controls/Indication(a) On all landingsand ground floorlobby

• Digital car position and crystal direction indicator withmonochrome LCD panel cum information displaysystem, on ground and executive floor. Remainingfloors will be with LED display panels having crystaldirection and position indicators, as perspecifications

• Audio alarm for lift arrival on all floors with lightindication

• Common up/down luminous call buttons (only UPbuttons in ground floor and DOWN button on 11thfloor) all floors.

• Fireman switch for one lift and emergency alarmhooters for both lifts on ground floor

(b) In car • Digital car position and direction indicator withmonochrome LCD panel cum information displaysystem as per specifications

• Auto/manual selector switch• Blower ON/OFF switch• Luminous floor selector buttons• Door open button• Overload warning device with annunciation (liftshould not take a start under overload condition)

• Emergency stop and emergency alarm button withcommon hooter in ground floor

• Three way communication with hands free flushmounted microphone having on/off switch completewith speaker in car, ground floor lobby and machineroom

• Wiring for piped music, with concealed speaker.• Lighting, emergency alarm and fan to be providedwith emergency supply through inverter of requiredcapacity having at least half an hour battery back up

16. Hoistway available 2387mm(wide) X 2057mm(deep)17. Pit depth 3200mm18. Automatic rescue

deviceCapable of moving the lift to the nearest landing uponmain power failure evacuation and also should providepower supply for car lighting, car ventilation andemergency alarm

19 Available overhead 5300mm

Note (1) The tenderers will submit a drawing showing the design of the car interior panels and falseceiling along with samples of mirror finish, mat, hair line etched, cladded stainless steel patternsproposed in the drawing (2) One of these 12 stops lifts shall be meant for use by handicapped personsas per standards.

49

Group of lifts serving 9 stops

1. No. of lifts 42. Type Passenger3. Capacity 16 passengers (1088 kg.)4. Speed 2.5 mps5. Travel 37M Approx.6. Stops and opening 9 stops, all opening on same side, Ground to 8th floor7. Drive Variable Voltage Variable Frequency AC Geared drive8a. Control Microprocessor based full collective selective group

control with Peer to Peer communication among thecontrol panels fully programmable, with/withoutattendant and with suitable latest traffic managementsoftware

8b. Levelling Precise levelling accuracy with close loop control,velocity transducers, proximity/magnetic switches

9. Lift Machine Room Directly above the shaft10. Power supply AC 400 V + 10% 50 Hz + 6%11. Car Car door: brush/hairline/matt finished stainless steel

panel.Car panels: four corners will be with mirror finish SS.Back and side panel excluding corners will bebrush/hairline/matt finished SS as approved by BankCar ceiling: suspended MS sheet with ivory colorpowder coated paint.Lighting: With three rows of lights, each row havingthree CFL fittings (fittings to be approved by Bank).Ventilation: Adequate flow of air with concealed axialtype blowers.Flooring: 30mm recess to be provided in the carplatform. Granite flooring shall be provided by the Bank.Size: about 1900mm wide, 1400mm deep and 2400mmhigh (inside dimensions).

12. Car and landingdoor operation

Door operating system with ACVF/DC drive

13. Car Door SS Car Door 2100 mm. high and 1050 mm. wide withfull length multiple Infra Ray Door Detectors.

14. Landing Doors MS landing doors 2100 mm. high and 1050 mm. widepainted with approved shade on all floors except groundfloor and executive floor. For these two floors, thedoors will be with matt/hairline/brush finished SSpanels, as approved by the Bank.

15. Controls/Indication(a) On all landingsand ground floorlobby

• Digital car position and crystal direction indicator withmonochrome LCD panel cum information displaysystem, on ground and executive floor. Remainingfloors will be with LED display panels having crystaldirection and position indicators, as per specifications

• Audio alarm for lift arrival on all floors with light

50

indication• Common up/down luminous call buttons (only UPbuttons in ground floor and DOWN button on 9thfloor) for all floors on each side of lift lobby.

• emergency alarm hooters for all lifts on ground floor(b) In car • Auto/manual selector key switch

• Fan switch• Luminous floor selector buttons• Door open button• Overload warning device with annunciation (lift shouldnot take a start under overload condition)

• Emergency stop and emergency alarm button withcommon hooter in ground floor

• Three way communication with hands free flushmounted microphone having on/off switch completewith speaker in car, ground floor lobby and machineroom

• Wiring for piped music, with concealed speaker.• Lighting, emergency alarm and fan to be providedwith emergency supply through inverter of requiredcapacity having at least half an hour battery back up

16. Hoistway available 2387mm(wide) X 2057mm(deep)17. Pit depth 3200mm18. Automatic rescue

deviceCapable of moving the lift to the nearest landing uponmain power failure evacuation and also should providepower supply for car lighting, car ventilation andemergency alarm

19 Available overhead 5300mm

Note - The tenderers will submit a drawing showing the design of the car interior panels andfalse ceiling along with samples of mirror finish, mat, hair line etched, cladded stainless steelpatterns proposed in the drawing.

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Technical Specifications for Freight lifts

1. No. of lifts 2

2. Type Freight3. Capacity 2000 kg (approx)4. Speed 0.5 to 0.6 mps (approx)5. Travel 25 M Approx.6. Stops and opening 7 stops with all opening on same side7. Drive AC Variable Voltage Variable Frequency geared drive8. Control Micro processor based simplex control with/without attendant9 Levelling Within (+)/(-) 5mm of landing level with closed loop control10 Lift machine room Directly above the shaft11 Inside car size 1645mm wide X 2250mm deep /1710mm deep X 2030mm wide12. Power supply AC 400 V + 10% ; 50 Hz + 6%13. Car enclosure Steel car with wall panels fabricated out of sheet steel of 16

gauge thickness with MS iron angle frames and spray paintedand providing with 5 mm thick MS chequered plate flooring withtwo 4 feet 40W tube light fixtures and 900 RPM ceiling mountedfan.

14. Car and landing dooroperation

Manual

15. Car and LandingDoor

Protected by steel collapsible gate, painted black and clearopening of not less than 1150 mm.

16. Controls/Indication(a) On all landings • Up/down luminous call buttons

• Emergency alarm hooter on ground floor(b) In car • Auto/manual selector key switch

• Fan switch• Luminous floor selector button• Emergency stop• Telephone with wiring up to Machine Room

17. Hoist way available 2600 mm (wide) x 2500 mm (deep)/2600 MM (wide) x 2350 MM(deep)

18. Pit size 2500 mm (depth)

52

Un-priced Bill of Quantity

(Rates/taxes/duties only)

Passenger Lifts (Group of lifts serving 9 stops)

Sr.No

Description of item Indicate % Qty.

1 Basic price for Supply, installation, testingand commissioning of the passenger lift asper data sheet in Part I along with detailedspecifications and the scope of work.

Not to bequoted here

4 Lifts

2 Excise duty 4 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of duty.

3 Customs duty (if applicable) 4 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of duty.

4 Works contract tax/VAT 4 Liftsa) Percentage of basic price (supply + labour)on which this is applicable.b) Rate of tax.

5 Entry tax/ Octroi Duty 4 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of tax.

6 Service tax 4 Liftsa) Percentage of basic price for labour onwhich this is applicable.b) Rate of tax.Total (A)

7 Rebate for dismantling and taking away allequipments of old lift

Not to bequoted here

4 Lifts

Total ( B)Grand Total (A - B)

9 Comprehensive annual maintenance contractincluding spares per annum after guaranteeperiod as per terms and conditions specifiedin Part I (including applicable service tax).

Not to bequoted here

4 Lifts

Note – Tenderers should furnish only the percentages of rate of taxes, duties etc. as requiredabove.

53

(Rates/taxes/duties only)

Passenger Lifts (Group of lifts serving 12 stops)

Sr.No

Description of item Indicate % Qty.

1 Basic price for Supply, installation, testingand commissioning of the passenger lift asper data sheet in Part I along with detailedspecifications and the scope of work.

Not to bequoted here

2 Lifts

2 Excise duty 2 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of duty.

3 Customs duty (if applicable) 2 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of duty.

4 Works contract tax/VAT 2 Liftsa) Percentage of basic price (supply + labour)on which this is applicable.b) Rate of tax.

5 Entry tax/ Octroi Duty 2 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of tax.

6 Service tax 2 Liftsa) Percentage of basic price for labour onwhich this is applicable.b) Rate of tax.Total (A)

7 Rebate for dismantling and taking away allequipments of old lift

Not to bequoted here

2 Lifts

Total ( B)Grand Total (A - B)

9 Comprehensive annual maintenance contractincluding spares per annum after guaranteeperiod as per terms and conditions specifiedin Part I (including applicable service tax).

Not to bequoted here

2 Lifts

Note – Tenderers should furnish only the percentages of rate of taxes, duties etc. as requiredabove.

54

(Rates/taxes/duties only)

Freight Lifts

Sr.No

Description of item Indicate % Qty.

1 Basic price for Supply, installation, testingand commissioning of the passenger lift asper data sheet in Part I along with detailedspecifications and the scope of work.

Not to bequoted here

2 Lifts

2 Excise duty 2 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of duty.

3 Customs duty (if applicable) 2 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of duty.

4 Works contract tax/VAT 2 Liftsa) Percentage of basic price (supply + labour)on which this is applicable.b) Rate of tax.

5 Entry tax/ Octroi Duty 2 Liftsa) Percentage of basic price for supply onwhich this is applicable.b) Rate of tax.

6 Service tax 2 Liftsa) Percentage of basic price for labour onwhich this is applicable.b) Rate of tax.Total (A)

7 Rebate for dismantling and taking away allequipments of old lift

Not to bequoted here

2 Lifts

Total ( B)Grand Total (A - B)

9 Comprehensive annual maintenance contractincluding spares per annum after guaranteeperiod as per terms and conditions specifiedin Part I (including applicable service tax).

Not to bequoted here

2 Lifts

Note – Tenderers should furnish only the percentages of rate of taxes, duties etc. as requiredabove.

55

Check List

Design, Supply, Installation, Testing and Commissioning of6 Nos. passenger Lifts & 2 Nos. freight Lifts

at Bank's Office Building in Kolkata.

Commercial Conditions

Sr.No.

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

1 Validity 180 days2 EMD Rs. 5,00,000/- US$ 113643 Terms of

payment forequipment

First Stage Payment10% of the quoted rate after thecommencement date against submission ofthe following :• Unconditional Order Acceptance• Bank Guarantee for equal amount• Bank Guarantee towards Security Deposit

Second Stage Payment70% of the quoted rate pro rata againstreceipt of the material at site and onsubmission of the following documents:• Manufacturer's Inspection and TestCertificates

• Inspection Certificate issued by the Bank• Contractor's Certificate that allcomponents, parts, sub systems,consumables etc. for successfulinstallation, commissioning and testing ofthe systems including maintenance havebeen received at site in good conditionand if any shortfall is noticed duringinstallation, commissioning and testingthey will be supplied free to the Bank.

• Policies of insurance covering all the risksduring transit, storage, installation,commissioning, testing and handing overincluding third party liabilities.

Third Stage Payment10% of the quoted rate pro rata againsterection, testing of commissioning

Final Stage PaymentBalance 10% of the quoted rate pro rataagainst submission of operating

56

Sr.No.

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

licence/certificate from Competent StateAuthority and handing over the lifts.

4 Terms ofpayment forAMC

Quarterly payment after satisfactorycompletion of service.

5 Technicalspecifications

As per data sheet in Part I of the tender

6 Rates/ Taxes/Duties/Octroi

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

7 GuaranteePeriod

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

8 Service aftersales

Free of cost during the Guarantee periodincluding replacement of anymaterial/assembly/equipment/software iffound necessary.

9 Completionperiod

54 weeks from 10th day of letter of award ofwork as per detailed completion programmeindicated in Part I of the tender.

10 Liquidateddamages

1/4 % of the contract amount per week ofdelay subject to a maximum of 10% of thecontract value of the delayed lift/s.

11 Penalty for delayin providingservice

As per applicable clauses in Part I of thetender

12 Service facility Shall be available at Kolkata andapproachable on telephone, pager, mobile.

13 Committedperiod forsystemmaintenance

At least 20 years after one year defectliability period

14 Whether percentages of rates, taxes, duties etc. indicated in Un-priced Bill of Quantities

Yes/No

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

PlaceDate Signature of Contractor Name Designation Seal of the firm

57

(Annexures)

58

Annexure I

Proforma for Details of Similar Works Executed each costingRs. 125 Lakh/284091 US $ or more, during the last three years

Sr.No.

Name andaddress of the

firm

Nature ofsimilarwork

Value ofthe work

Whetherworks

completed intime or not(give date ofstart & anddate of

completion)

Completionperiod as perwork order

Fax /phonenumber&contact

person of thefirm

(Attach sheet if required)

Signature of Tenderer:

Date

59

Annexure II

Proforma for Details of Principal Banker/other bankers

Sr.No.

Particulars PrincipalBanker

Banker1

Banker2

1 Address

2 Contact Person

3 E-mail

4 Telephone Number

5 Fax Number

60

Annexure III

Proforma For Bank Guarantee In Lieu Of Earnest Money Deposit

(To be submitted on non judicial stamp paper of appropriate value purchased in the name of the issuingBank)

This deed of guarantee made this _____ day of ____ two thousand _____ between _____ (Name ofBanker) having its registered office at _____ (place) and one of its local offices at ____ (hereinafterrefereed to as the Surety), and Reserve Bank of India, a Corporation constituted by the Reserve Bankof India Act, 1934, having its Central Office at Central Office Building, Shahid Bhagat Singh Road,Mumbai-400 001 INDIA (hereinafter referred to as the Bank).

WHEREAS _______ (Tenderer’s name hereinafter referred to as ‘Tenderer’) a Company registeredunder _____ and having its registered office at ______ is bound to deposit with the Bank by way ofearnest money US$_____(U.S. Dollars _________ _________ only) or INR ___________ (INR___________ _______________ only) in connection with its Tender for supply, installation,commissioning and testing of 6 passengers and 2 freight lifts for the Bank's building at Kolkata and thespecifications and terms and conditions enclosed therein.

WHEREAS the tenderer as per clause No._____ Section II of Instructions to tenderers and specialconditions has agreed to furnish a Bank Guarantee valid up to ___________ instead of deposit ofearnest money in cash.

NOW THIS WITNESSETH:

1. That the Surety in consideration of the above Tender made by the Tenderer to the Bank herebyundertakes to guarantee payment on demand without demur to the Bank the said amount ofUS$_____(U.S. Dollars _________ _________ only) or INR ___________ (INR __________________________ only) within one week from the date of receipt of the demand from the Bankon presentation of this deed of guarantee, which the Tenderer is bound to deposit with the Bankby way of earnest money in connection with his Tender.

2. This guarantee shall not be affected by any infirmity or irregularity on the part of the Tenderer orby the dissolution or any change in the constitution of the Bank, Tenderer or the Surety.

3. The Bank shall be eligible to make any claim under this guarantee if the Tenderer aftersubmitting his Tender, rescinds from his offer or modifies the terms and conditions thereof in amanner not acceptable to the Bank or expresses his unwillingness to accept the order after theBank has decided to place order with the Tenderer for the supply of the 6 passengers and 2freight lifts. The Banks’ decision in this regard shall be final and binding.

4. The Surety shall not and cannot revoke this guarantee during its currency except with previousconsent of the Bank in writing.

5. Notwithstanding anything contained in the foregoing, the Surety’s liability under the guarantee isrestricted to US$_____(U.S. Dollars _________ _________ only) or INR ___________ (INR___________ _______________ only).

61

6. This guarantee shall remain in force and effective up to _____________ and shall expire andbecome ineffective on intimation thereof being given to the Surety by the Bank in which eventthis guarantee shall stand discharged.

7. The Surety will make the payment pursuant to the demand notice issued by the Bank,notwithstanding any dispute that may exist or arise between the Tenderer and the Bank or anyother person.

8. Any forbearance, act or omission on the part of the Bank in enforcing any of the conditions ofthe said tender or showing of any indulgence by the Bank to the tenderer shall not discharge theSurety in any way and the obligations of the Surety under this guarantee shall be dischargedonly on the intimation thereof being given to the Surety by the Bank.

9. Notwithstanding anything contained hereinabove, unless a demand or claim under thisguarantee is made on the Surety in writing on or before _____________, the Surety shall bedischarged from all liabilities under guarantee thereafter.

10. The Surety has the power to issue this guarantee under its Memorandum and Articles ofAssociation and the person who is hereby executing this deed has the necessary powers to doso under the Power of Attorney granted to him by the Surety.

SIGNED AND DELIVERED For and on behalf ofFor and on behalf of above named Bank. (Banker’s Name and Seal)

Branch Manager (Banker’s seal)

62

Annexure IV

Proforma of undertaking for maintenance confirmation by the tenderer

To,

The Regional DirectorReserve Bank of IndiaKolkata

Dear Sir/Madam

Tender for supply and installation of electrical lifts in your office

We hereby undertake to maintain the lifts installed by us in your premises satisfactorily, for a period ofnot less than 20 years after expiry of the defect liability/warranty period at the rate quoted by us towardsall inclusive maintenance contract, subject only to the price revision clause specified in the tender.

In the unlikely event of M/s _________________________ the original equipment manufacturer, failingto provide support in terms of spares etc due to technological obsolescence or for any reason, we shallcontinue to provide all inclusive service to your satisfaction, by arranging required spares etc ourselves,within the rate quoted by us for the all inclusive maintenance contract for the period accepted as above.

Yours faithfully,

For _________________________

Authorised signatory

63

Annexure V

Proforma of Bank Guarantee For First Stage Payment

(To be submitted on Non-judicial stamp paper of appropriate value purchased in the name of theissuing bank)

To:

The Chief General ManagerPremises DepartmentReserve Bank of IndiaCentral Office, 5th floorCentral Office BuildingShahid Bhagat Singh RoadMumbai-400 001 INDIA

Dear Sir

In consideration of your agreeing to PAY TO Messer's __________ having its registered office at_______ (give address) hereinafter referred as The Contractor) a sum of US$ / INR_____(US Dollars /INR ________only) as and by way of advance payment in terms of their contract No. ____ dated ____with you (hereinafter referred to as The Contract) for supply and installation of 6 passengers and 2freight lifts on our agreeing to furnish you with our guarantee in the manner hereinafter contained andagree with you as follows :_

1. We, _______________ Bank, having our Registered Office at ________ and local office at ________hereby undertake to indemnify you and keep you indemnified to the extent and against all losses anddamages that may be caused to or suffered by you in relation to the advance payment to be made byyou to the Contractor as aforesaid by reason of any default or default or defaults on the part of theContractor in the due supply of the 6 passengers and 2 freight lifts or for carrying out any works ordischarging any obligation under the said contract or otherwise in the observance and performance ofany of the terms and conditions relating thereto in accordance with the true intent and meaningthereof and in the event of any default or defaults on the part of the Contractor as aforesaid we shallforthwith on demand and without demur pay to you any sum or sums not exceeding the sum of US$ /INR ____ (US Dollars / INR _____ only) as may be claimed by you to be due from the Contractor byway of refund of such advance payment or any portion or otherwise as your losses and/or damages,costs, charges or expenses by reason of such default or defaults on the part of the Contractor asaforesaid.

2. Notwithstanding anything to the contrary, your decision as to whether the Contractor has made anysuch default or defaults and the amount or amounts to which you are entitled by reasons thereof willbe binding on us and we shall not be entitled to ask you to establish your claim or claims under thisGuarantee but will pay the same forthwith on your demand without any protest or demur.

3. This guarantee shall continue and hold good until it is released by you on the application by theContractor after expiry of the relative guarantee period of the said Contract and after the contractorhas discharged all his obligations under the said Contract and produced a certificate of duecompletion of the work under the said contract and submitted a “No Demand Certificate”, providedalways that this guarantee shall in no event remain in force after the day of ________ withoutprejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing

64

before the expiry of six months from the said date which will be enforceable against usnotwithstanding that the same is or are enforced after the said date.

4. Should it be necessary to extend this guarantee on account of any reason whatsoever, we undertaketo extend the period of this Guarantee on your request till such time as may be required by you. Yourdecision in this respect shall be final and binding on us.

5. You will have the fullest liberty without effecting this guarantee from time to time to vary any of theterms and conditions of the said contract or extend the time of performance of the Contractor or topostpone for any time or from time to time any of your rights or powers against the Contractor andeither to enforce or forbear to enforce any of the terms and conditions of the said Contract and weshall not be released from our liability under this guarantee by the exercise of your liberty withreference to matters aforesaid or by reason of any time being given to the Contractor or any otherforbearance, act or omission on your part or any indulgence by you to the Contractor or by anyvariation or modification of the said contract or any other act, matter or things whatsoever, whichunder the law relating to sureties would but for the provisions hereof have the effect of so releasing usfrom our liability hereunder provided always that nothing herein contained will enlarge our liabilityhereunder beyond the limit of US$ ________ (US Dollars / INR _______ only) as aforesaid.

6. This guarantee shall not in any way be affected by your taking or varying or giving up any securitiesfrom the Contractor or any other person, firm or company on its behalf or by the winding up,dissolution, insolvency or death as the case may be of the Contractor.

7. In order to give full effect to the guarantees herein contained you shall be entitled to act as if we wereyour principal debtors in respect of all your claims against the Contractor hereby guaranteed by us asaforesaid and we hereby expressly waive all our rights of surety-ship and other rights, if any, whichare in any way inconsistent with any of the provisions of this guarantee.

8. Subject to the maximum limit of our liability as aforesaid, this guarantee will cover all your claim orclaims against the contractor from time to time arising out of or in relation to the said contract and inrespect of which your claim in writing is lodged on us before expiry of six months from the date ofexpiry of this guarantee. Any notice by way of demand or otherwise hereunder may be sent byspecial courier, telex, fax or registered post to our local address as aforesaid and if sent by post, itshall be deemed to have been given when the same has been posted.

9. This guarantee and the powers and provisions herein contained are in addition to and not by way oflimitation of or substitution for any other guarantee or guarantees heretofore given to you by us(whether jointly with others or alone) and now existing un-cancelled and that this guarantee is notintended to and shall not revoke or limit such guarantee or guarantees.

10. This guarantee shall not be affected by any change in the constitution of the contractor or us nor shallit be affected by any change in your constitution or by any amalgamation or absorption thereof ortherewith but will enure to the benefit of and be available to and enforceable by the absorbing oramalgamated company or concern.

11. This guarantee shall come into force simultaneously with your making the said advance payment tothe Contractor and shall not be revoked by us whether before its coming into force or any time duringits currency without your previous consent in writing..

12. We further agree and undertake to pay you the amount demanded by you in writing irrespective ofany dispute or controversy between you and contractor.

13. Notwithstanding anything contained herein above our liability under this guarantee is restricted toUS$ / INR _____ (US Dollars / INR _______only). Unless a written claim is lodged on us for paymentunder this guarantee within six months, from the date of expiry, or such extended date, if any, allyour rights under the guarantee shall be forfeited and we shall be deemed to have been released anddischarged from all liabilities thereunder, irrespective of whether or not the original guarantee isreturned to us.

14. We have power to issue this guarantee in your favour under the Memorandum and Articles ofAssociation of our Bank and the undersigned has full power to execute this Guarantee under thePower of Attorney granted to him by the Bank.

65

For & on behalf of(Banker’s Name)BRANCH MANAGER(Banker’s seal)

Address _________

66

Annexure VI

Proforma of Bank Guarantee For Security Deposit

(To be submitted on Non-judicial stamp paper of appropriate value purchased in the name of theissuing bank)

No. _____________ Date ___________

To:

The Chief General ManagerPremises DepartmentReserve Bank of IndiaCentral Office, 5th floorCentral Office BuildingShahid Bhagat Singh RoadMumbai-400 001 INDIA

Dear Sir

In consideration of your agreeing to accept the security deposit of US $ / INR ____ (U.S. Dollars _____/INR ___ only) furnishable to you by Messrs ________ (hereinafter referred to as “the Contractor”) interms of their contract with you for supply, installation, testing, commissioning of 6 passengers and 2freight lifts for the Bank's new office building at Kolkata as per their Tender No. ___ dated ____ andyour Special Conditions of Contract and other tender documents relating thereto subject to theconditions and alterations mutually agreed upon the set forth or referred to in your Contract No. ____dated _____ in the form of guarantee from us in the manner hereinafter contained, we ____ (Name ofthe Bank) do hereby covenant and agree with you as follows :

1. We undertake to indemnify you and keep you indemnified from time to time to the extent of US$/ INR ___ (U.S. Dollars ____ / INR_____ only) against any loss or damage caused to orsuffered by or that may be caused to or suffered by you by reason of any breach or breaches onthe part of the Contractor of any of the terms and conditions contained in the said Contract andin the event of the Contractor making any default or default in carrying out any of the work underthe said Contract or otherwise in the observance and performance of any of the terms andconditions relating thereto in accordance with the true intent and meaning thereof, we shallforthwith on demand pay to you such sum or sums not exceeding in total the said sum of US$ /INR _____ (U.S. Dollars _____/ INR_______ only) as may be claimed by you as your lossesand/or damages, costs, charges or expenses by reason of such default on the part of theContractor.

2. Notwithstanding anything to the contrary, your decision as to whether the Contractor has madeany such default or defaults and the amount or amounts to which you are entitled by reasonsthereof will be binding on us and we shall not be entitled to ask you to establish your claim orclaims under this Guarantee but will pay the same forthwith on your demand without any protestor demur.

3. This guarantee shall continue and hold good until it is released by you on the application by theContractor after expiry of the relative guarantee period of the said Contract and after the

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contractor had discharged all his obligations under the said Contract and produced a certificateof due completion of the work under the said contract and submitted a “No Demand Certificate”,provided always that this guarantee shall in no event remain in force after the day of ________without prejudice to your claim or claims arisen and demanded from or otherwise notified to usin writing before the expiry of six months from the said date which will be enforceable against usnotwithstanding that the same is or are enforced after the said date.

4. Should it be necessary to extend this guarantee on account of any reason whatsoever, weundertake to extend the period of this Guarantee on your request till such time as may berequired by you. Your decision in this respect shall be final and binding on us.

5. You will have the fullest liberty without effecting this guarantee from time to time to vary any ofthe terms and conditions of the said contract or extend the time of performance of theContractor or to postpone for any time or from time to time any of your rights or powers againstthe Contractor and either to enforce or forbear to enforce any of the terms and conditions of thesaid Contract and we shall not be released from our liability under this guarantee by theexercise of your liberty with reference to matters aforesaid or by reason of any time being givento the Contractor or any other forbearance, act or omission on your part or any indulgence byyou to the Contractor or by any variation or modification of the said contract or any other act,matter or things whatsoever, which under the law relating to sureties would but for theprovisions hereof have the effect of so releasing us from our liability hereunder provided alwaysthat nothing herein contained will enlarge our liability hereunder beyond the limit of US$ / INR________ (US Dollars / INR _______ only) as aforesaid.

6. This guarantee shall not in any way be affected by your taking or varying or giving up anysecurities from the Contractor or any other person, firm or company on its behalf or by thewinding up, dissolution, insolvency or death as the case may be, of the Contractor.

7. In order to give full effect to the guarantee herein contained you shall be entitled to act as if wewere your principal debtors in respect of all your claims against the Contractor herebyguaranteed by us as aforesaid and we hereby expressly waive all our rights of surety-ship andother rights, if any, which are in any way inconsistent with any of the provisions of thisguarantee.

8. Subject to the maximum limit of our liability as aforesaid, this guarantee will cover all your claimor claims against the contractor from time to time arising out of or in relation to the said contractand in respect of which your claim in writing is lodged on us before expiry of six months from thedate of expiry of this guarantee.

9. Any notice by way of demand or otherwise hereunder may be sent by special courier, telex, faxor registered post to our local address as aforesaid and if sent by post, it shall be deemed tohave been given when the same has been posted.

10. This guarantee and the powers and provisions herein contained are in addition to and not byway of limitation of or substitution for any other guarantee or guarantees heretofore given to youby us (whether jointly with others or alone) and now existing uncancelled and that thisguarantee is not intended to and shall not revoke or limit such guarantee or guarantees.

11. This guarantee shall not be affected by any change in the constitution of the contractor or us norshall it be affected by any change in your constitution or by any amalgamation or absorptionthereof or therewith but will enure to the benefit of and be available to and enforceable by theabsorbing or amalgamated company or concern.

12. Any forbearance, act or omission on the part of the Bank in enforcing any of the conditions ofthe said tender or showing of any indulgence by the Bank to the Tenderer shall not dischargethe Surety in any way and the obligations of the Surety under this guarantee shall be dischargedonly on the intimation thereof being given to the Surety by the Bank.

13. This guarantee is irrevocable during the period of its currency and shall not be revoked withoutyour previous consent in writing.

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14. We further agree and undertake to pay you without demur the amount demanded by you inwriting notwithstanding any difference or dispute or controversy that may exist or arise betweenyou and contractor or any other person.

15. Notwithstanding anything contained herein above our liability under this guarantee is restrictedto US$ / INR _____ (US Dollars / INR _______only). Unless a written claim is lodged on us forpayment under this guarantee within six months from the date of expiry, including extensions ifany, of this guarantee all your rights under the guarantee shall be forfeited and we shall bedeemed to have been released and discharged from all liabilities thereunder, irrespective ofwhether or not the original guarantee is returned to us.

16. We have power to issue this guarantee in your favour under the Memorandum and Articles ofAssociation of our Bank and the undersigned has full power to execute this Guarantee underthe Power of Attorney granted to him by the Bank.

SIGNED AND DELIVERED(For & on behalf of the above named Bank) For & on behalf of

(Banker’s Name & Seal)

BRANCH MANAGER(Banker’s Seal)

Address _______________