BANK OF BARODA,

REGIONAL OFFICE,

PANAJI REGION

BANK OF BARODA,

METROPOLIS, 4TH FLOOR,

BEHIND CACULO MALL,

ST. INEZ, PANAJI,

GOA. - 403001

Invites

T E N D E R

FOR

FURNITURE WORKS

AT

BANK OF BARODA

CHIPLUN BRANCH,

DIST. – RATNAGIRI,

MAHARASHTRA - 415605

TECHNICAL BID (PART – I )

1

Re: Tender For Interior Work Of Bank of Baroda, Chiplun branch,

Dist: Ratnagiri, Maharashtra - 415605.

Bank of Baroda invites tender for the aforesaid work. Tender form has to

be downloaded from the Bank’s website www.bankofbaroda.com (tender

section). Application form available on website alone needs to be used.

Tender forms will be available on the bank’s website from 31-10-2018

the last date for issue of tender form is 20-11-2018 up to 3.00 pm.

Bank Invites Application for furnishing the Chiplun branch, Dist.:

Ratnagiri, Maharashtra 415605 from the experienced contractors for

Furniture Work.

Tender should consist of One envelope consisting of following:

1. Technical Bid (Part – I) including prequalification documents

2. Earnest Money Deposit (EMD) Rs.9,400/-(Rupees Nine

thousand four hundred only)

Technical Bid (Part – I) shall contain following documents.

1. Technical bid accepting terms and conditions of the tender

2. Earnest Money Deposit (EMD) amounting to Rs.9,400/-in

the form of Demand Draft/Bankers Cheque in favour of Bank

of Baroda payable at Panaji.

3. Pre-qualification documents

i. Specified in Annexure A

ii. Proforma showing details for having executed minimum

a. One Similar completed work costing not less than Rs. 15.00 Lacs

OR

2

b. Two similar completed works each costing not less than Rs. 10.00

Lacs

Tender duly filled in and signed should be submitted in Single sealed

cover separately for Interior work. The bidder should clearly write on

cover the words: – “Technical Bid/Prequalification -

1. TENDER FOR INTERIOR WORK OF BANK OF BARODA, CHIPLUN

BRANCH, DIST: RATNAGIRI, MAHARASHTRA.

The Earnest Money Deposit (EMD) amounting to Rs.9,400/-should

be provided through Demand Draft/Bankers Cheque in favour of Bank of

Baroda payable at Panaji for Interior work. The tender not accompanied

with earnest money will be summarily rejected and their tender will not

be opened.

2. Separate tender cover should be super scribed “TENDER FOR

INTERIOR WORK OF BANK OF BARODA, CHIPLUN BRANCH, DIST.

RATNAGIRI, MAHARASHTRA” submitted at the tender box kept at

following address:-

Deputy General ManagerBank of Baroda,Regional office, (Panaji Region)Bank of Baroda, Metropolis-II,4th floor, Behind Caculo Mall,St. Inez, Panaji, Goa. - 403 001.

Validity of offer shall be 60 days from the date of opening of tender.

The Bank does not bind itself to accept the lowest or any tender and reserves the right to accept or reject any or all tenders either in whole or in part, without assigning any reasons whatsoever.

No conditions will be entertained. Conditional offers shall be rejected. Disputes, if any, will be subject to Panaji jurisdiction only.

3

In case of any clarification you may please contact following officials:-

The Manager (P&E Dept) Bank of Baroda Regional Office, Panaji Tel. No. 0832 2481316 Email: - premises.goawm@bankofbaroda.com

All the pages of tender documents are to be stamped and signed by the tenderer.

Last date of receipt of tenders in the prescribed form is __20-10-2018 upto 03.00 p.m. Tender cover will be opened on _20-11-2018 at 03.30 p.m.

Time period for completion of entire work will be 45 days from the date of work order.

Sign & Signature of Tenderer

ANNEXURE A

PART I – TECHNICAL BID

Mandatory information required for Prequalification of the bidder(To be furnished on the letterhead of the bidder)

4

Important:1. Please type or handwrite in capital letters.2. Attach copies of the supporting documents.3. Please use addition sheets if required.

a) Name of the applicant / organizationb) Address of the Registered Office1c) Address of office

(With Phone Nos, Fax Nos & Email ID &Contact Person)

2 Year of establishmentType of the organization (Whether soleProprietorship, Partnership, Private Ltd. or

3 Ltd. Co. etc.)(Enclose certified copies of documents as evidence)Name & qualification of the Proprietor /Partners / Directors of the Organization / Firma)

4

b)c)Enclose certified copies of document as evidenceDetails of registration – Whether Partnershipfirm, Company, etc. Name of Registering

5Authority, Date and Registration number. Enclose certified copies of document as evidenceWhether registered with Government / Semi –Government / Municipal Authorities of any

6 other Public Organization and if so, in which class and since when?

(Enclose certified copies of document as evidence)

a. No. of years of experience in the field and 7 details of work in any other field.

b. Whether ISO certified, furnish thedetails.

8 Area of business activities other than construction, if any, and place of business.

9 Registration of firm under Shop&Establishment Act 1948

5

Address of office through which the

10 proposed work of the Bank will be handled and the Name & Designation of officer in charge. [a] Yearly turnover of the organization duringlast 3 years (year wise) (Avg. turnover of last3 years should not be less than 3 Lacs) and

11furnish audited balance sheet and Profit &Loss A/c (Audited) for the last –3- years.[b] Average turnover in2014 – 20152015 – 20162016 – 2017Name & Address of Bankers

1.12 (Solvency certificate from a Bank to be

2.enclosed for indicating satisfactory financial

3.capacity of the organization)

13 Enclose copy of latest income tax clearanceCertificate.

14PAN No.

15 Details of registration for GST

16 Service Tax Registration No.

17 Excise No.

18 Detailed description and value of works done(Proforma-1) and works on hand (Proforma-2)

19Empanelment with other Companies/PSUs

Other infrastructural information to be used/20 referred for this project (Proforma-4)

List of available plants, machineriesequipment etc.Furnish the names of –3- responsible persons 1.along with their designation, address, Tel.No.

21 etc., for whose organization, you have 2.completed the above mentioned jobs and whowill be in a position to certify about the 3.Performance of your organization.Whether any Civil Suit / litigation arisen incontracts executed / being executed duringthe last 10 years. If yes, please furnish the

22 name of the project, employer, Nature of Attach a separate sheet ifwork, Contract value, work order and brief required.details of litigation.Give name of court, place, and status ofpending litigation.

23Information relating to whether any litigationis pending before any Arbitrator foradjudication of any litigation or else any

6

litigation was disposed of during the last ten years by an arbitrator. If so, the details of such litigation are required to be submitted.Have you been ever disqualified or levied

24 penalty by the bank in past for non-fulfillment of the contractual obligations. If yes, please provide details. Have you in past carried out any works for

25

Bank of Baroda or its subsidiaries? If yes, give details.

NOTE: - Attach extra sheets with Sr. No if the space found less.

(Please enclose this information in PART I (Technical Bid) of the Bid. Bid ofAgencies of who are not furnishing above information will be summarily rejected.)

STAMP AND SIGNATURE OF THE BIDDER

7

PROFORMA – 1

LIST OF PROJECTS EXECUTED BY THE ORGANISATION DURING THE LAST 7 YEARS

A One Similar completed work costing not less than Rs.15.00 Lacs

OR

B Two similar completed works each costing not less than Rs. 10.00 Lacs

Sl Name Name & Contract Stipulated Actual Any other EncloseNo of full Amount time of time of relevant clients

work/ postal (Rs.) completion complet Information. certificateprojec address (Months) ion Actual fort with of the (Months) amount of satisfactory

addres owner. the Project, completion.s. Specify if increased,

give reasons.1 2 3 4 5 6 7 8

Notes:

1. Information has to be filled up specifically in this format. Please do notwrite remark “As indicated in Brochure”.

2. Date shall be reckoned from the date of advertisement of the notice innewspapers.

3. For certificates, the issuing authority shall not be less than anExecutive In charge.

STAMP AND SIGNATURE OF THE BIDDER

8

PROFORMA - 2

LIST OF IMPORTANT WORKS ON HAND

Sl. Name of Name & full Contract Stipulated Present Anyno work/ postal address Amount (Rs.) time of status of other

project of the owner. (for PMC work completion the relevantwith Specify only) with (Months) project informat

address. whether Govt. copy of Work ion.undertaking Order &along with completion

name, address certificateand contact from projectnos. of –2- in- charge.

persons(Engineers ortop officials of

theorganization)

1 2 3 4 5 6 7

Note:-

Information has to be filled up specifically in this format. Please do not write remark “As indicated in Brochure”.

STAMP AND SIGNATURE OF THE BIDDER

9

PROFORMA - 3

Details of Infrastructure in Office

Sr.No. Items Numbers Details

1 Office Premises, Area, etc

2 Fax M/c

3 Telephones

4 Other instruments

5 Software used for planning.

6 Reference books used

7 Subscription to magazines,

8 Any other information

(Please enclose this information in the PART I (technical bid) of the bid. Bid of agencies who are not furnishing above information will be summarily rejected).

I/We confirm that to the best of our knowledge this information is authenticand accept that any deliberate concealment will amount to disqualificationby the Bank at any stage.

Stamp and Signature of the Bidder

10

GENERAL INSTRUCTIONS TO CONTRACTORS AND SPECIAL CONDITIONS

1. Sealed Tenders should be addressed to Deputy General Manager, Bank ofBaroda, Regional Office, Panaji Region, Metropolis II, 4th Floor, Behind CaculoMall, St. Inez, Panaji, Goa - 403 001 and super scribed

“TENDER FOR INTERIOR WORK OF BANK OF BARODA, CHIPLUN BRANCH,

DIST. RATNAGIRI, MAHARASHTRA”

Your bid so as to reach not later than 3.00 p.m. on 20-11-2018

2 No tender received after 3.00 p.m on 20-11-2018 under any circumstances whatsoever will be entertained.

3 (a) Tenders will be opened at 3.30 p.m. on 20-11-2018 in the office of The Deputy, General Manager, Bank of Baroda, regional Office, Panaji Region, Metropolis II, 4th Floor, Behind Caculo Mall, St. Inez Panaji, Goa - 403 001 or any other office designated for this purpose by him in presence of tenderers or their representatives, should they choose to be present.

3 (b) Tenders shall remain open to acceptance by the Bank Representative for a period of 60 days from the date of opening of tender which period may be extended by mutual agreement and the tenderer shall not cancel or withdraw the tender during this period.

3 (c) The tenderer must use only the forms displayed on the bank’s website to fill in the rates. (Any addition/ alteration in the text of the tender form made by the Tenderer shall not be valid.)

4 (a) The tender form must be filled in Hindi / English and all entries must be made byhand and written in ink. If any of the documents is missing or unsigned, the tendermay be considered invalid by the Bank Representative in its discretion.

4 (b) Rates should be quoted both in figures and in words in columns specified. Allerasures and alterations made while filling the tender must be attested by initials ofthe tenderer. Overwriting of figures is not permitted and failure to comply witheither of these conditions will render the tender void at the Bank’s option. Noadvice of any change in rate or conditions after the opening of the tender will beentertained.

4 © The Tender documents should be signed by the person or persons submitting thetender in token of his/their having acquainted himself/themselves with the GeneralConditions of Contract, General Specifications, Special Conditions etc., as laiddown. Any tender with any of the documents not so signed will be rejected.

4 (d) The tender submitted on behalf of a firm shall be signed by all the partners of thefirm or by a partner who has the necessary authority on behalf of the firm to enterinto the proposed contract. Otherwise the tender may be rejected by the Bank.

5. The Bank of Baroda does not bind itself to accept the lowest or any tender andreserves to itself the right to accept or reject any or all the tenders, either in wholeor in part without assigning any reasons for doing so.

6(a) “Intending tenderers shall pay as Earnest Money Deposit a sum of Rs.9,400/-(Rupees Nine Thousand four hundred only) by a demand draft / Banker’sCheque in favour of Bank of Baroda at Panaji. A tender not accompanied by

11

earnest money deposit will not be considered. The earnest money will be refundedto the tender if his tender is not accepted but without any interest.

6(b) Under no circumstances earnest money deposit will be accepted in the form of fixeddeposit receipt or Bank or Insurance guarantee or Cheque.

7. The Earnest Money Deposit of Rs.9,400/- paid by the successful tenderer whenhe submitted his tender shall be held by the Bank of Baroda as security for theexecution and due fulfillment of the contract. No interest shall be paid on the saiddeposit.

8. On receipt of intimation from the Employer of the acceptance of his/their tender,the successful tenderer shall be bound to implement the contract agreement withinseven days thereof, the successful tenderer shall sign the agreement inaccordance with the draft agreement and the schedule of conditions but the writtenacceptance by the Bank of Baroda of a tender will constitute a binding contractbetween the Bank of Baroda and the person so tendering, whether such formalagreement is subsequently executed or not. The cost of necessary stamp paperfor execution of the agreement shall be borne by successful tenderer.

9(a) In additional to the Earnest Money Deposit successful tenderer may further depositof 1% of accepted tender value. Thus Bank will keep 2 % of accepted tender valueas initial security deposit. Total 5% of the accepted tender value may be kept asretention money which includes security deposit and retention money.

9(b) In case if the contractors so request, the later 50% of the Security Deposit will beheld in the form of a Bank Guarantee of an approved Scheduled Bank in theproforma to be got approved by the Employer and the earlier 50% will be held incash. While the amount in cash will be retained by the Employer until all thedefects pointed out during the Defects liability period of 12 months are rectified tothe satisfaction. 50 % of retention money will be released after the issue of virtualCompletion Certificate. However, should be contracts desire the 50% of theSecurity Deposit held in cash by the Bank Representative may be put in to fixedDeposit Account in the name of Bank of Baroda for specified period (decided bythe Bank Representative) with any of the Nationalized Bank with the benefit ofInterest accrued thereon going to the contractor’s account.

9© All compensation or other sums of money payable by the contractor to theEmployer under the terms of this contract may be deducted from his earnestmoney and security deposit if the amount so permits and the contractor shall,unless such deposit has become otherwise payable within ten days after suchdeductions make good in cash the amount so deducted.

10 The Contractor shall not assign the Contract. He shall not sublet any portion of theContract except with the written consent of the Employer Bank may serve a noticein writing on the Contractor rescinding the contract whereupon the security depositshall stand forfeited to the Employer, without prejudice to his other remediesagainst the Contractor.

12

11 The Contractor shall carry out all the work strictly in accordance with drawings,details and instructions of Bank’s Architect & Engineer. If in the opinion of the BankRepresentative, changes have to be made in the design and with the prior approvalin writing of the Bank Representative, they desire the Contractor to carry out thesame, the Contractor shall carry out the same without any extra charge.

12 A schedule of Probable Quantities in respect of Interior work and Specificationsaccompany these Special Conditions. The Schedule of Probable Quantities is liableto alterations by omissions, deductions or additions at the discretion of the Bank.Each tender should contain not only the rates but also the value of each item ofwork entered in a separate column and all the amounts quoted against variousitems should be totaled in order to show the aggregate value of the entire tender.

13 The tenderer must obtain for himself on his own responsibility and at his ownexpense all the information which may be necessary for the purpose of making atender and for entering into a contract and must examine the Drawings, inspect thesite of the work, acquaint himself with all local conditions, means of access of thework, nature of the work and all matters pertaining thereof.

14 The rates quoted in the tender shall include all charges for clearing of site beforecommencement as well as after completion, water, electric consumption, meters,double scaffolding, centering, boxing, staging, planking, timbering and pumping outwater including bailing, fencing, hoarding, plant and equipment, storage sheds,watching and lighting, by night as well as day including Sundays and Holidays,temporary plumbing and electric supply, protection of the public and safety ofadjacent roads, streets . The rates quoted shall be deemed to be for the finishedwork to be measured at site. The rates shall also be firm and shall not be subject toexchange variations, Labour conditions, fluctuations in railway freights or anyconditions whatsoever. Tenderers must include in their rates GST, sales tax, exciseduty, octroi, sales tax on VAT, Service Tax and any other tax and duty or other levylevied by the central government or any State Government or local authority, ifapplicable. No claim in respect of sales tax, excise duty, Octroi or other tax duty orlevy whether existing or future shall be entertained by the employer. If bankprovides water & electricity, the bank will deduct 0.5% of the actual value of workdone.The successful tenderers may also note that the Bank reserves the right to deductTax on works contract applicable and to be levied under relevant Act, from the billsand amount due to them from Bank and remit the same directly to the Governmentin case they are not submitting the proof / evidence of having paid the Tax on workexecuted under this contract.

15 The Contractor should note that unless otherwise stated the tender is strictly onitem rate basis and his attention is drawn to the fact that rates for each and everyitem should be correct, workable and self-supporting. The quantities in theSchedule of Quantities approximately indicate the total extent of work but may varyto any extent and may even be omitted thus altering the aggregate value of theContract.

16. Time allowed for carrying out the work as mentioned in the Memorandum shall bestrictly observed by the tenderer and it shall be reckoned from the seventh day after

13

written order to commence the work is issued.

The work shall throughout the stipulated period of the Contract be proceeded withall due diligence and if the Contractor fails to complete all the work within thespecified period he shall be liable to pay compensation of the Conditions ofContract/ work contract. The tenderer shall before commencing work prepare adetailed work program which shall be approved by the Employer. Contractors haveto pay Liquidated damages against delay of the work @ 1 % per week of delay ofthe estimated amount shown in the tender or contract amount whichever is higherper week. Maximum liquidated damages will be 10 % of the accepted contract sum.

17 Tenders will be considered only from recognized bonafide contractors in tradeconcerned. Each tenderer shall submit with his tender a list of large works of a likenature he has executed giving details as to their magnitude and cost of theproportion of work done by the Contractor in it and the time within which the workwere completed.

18 The Contractor shall not be entitled to any compensation for any loss suffered byhim on account of delays in commencing or executing the work, whatever the causeof delays may be, including delays arising out of modification to the work entrustedto him.

19 The successful tenderer is bound to carry out any or all items of work necessary forthe completion of the job even though such items are not included in the quantitiesand rates. Schedule of instructions in respect of such additional items and theirquantities will be issued in writing by Bank.

20 The successful tenderer must co-operate with the other contractors appointed bythe Employer so that the work shall proceed smoothly with the least possible delayand to the satisfaction of the Bank.

21. The contractor must bear in mind that all the work shall be carried out strictly in accordance with the specifications made by the Bank and also in compliance of the requirements of the local public authorities and no deviation on any account will be permitted.

22 The tenderer shall have to use materials of the makes/manufacturers specified inthe list of material approved brand and/or manufacture contained in this tenderform.

23 All Municipal fees and liasoning work with regard to getting the permission to carryout the work should be borne and arranged by the contractor. Any statutorypayment which will be payable to the Local bodies and other Govt. bodies will bereimbursed to the contractor on production of receipts.

Electric supply connection fees for the permanent supply will be paid by theEmployer to the Electric supply authority.

24 The contractor shall strictly comply with the provision of safety code annexedhereto.

14

25 I.S. Code numbers wherever mentioned in the tender shall be the latest version ofI.S. codes as on the date of opening of Tenders.

26 The security deposit of the successful tenderer will be forfeited if he fails tocomply with any of the conditions of the Contract.

27 CONTRACTOR TO INFORM HIMSELF FULLY:

The contractor shall be deemed to have carefully examined the work and sitedconditions including Labour, the general and special conditions, thespecifications, schedules and drawings and shall be deemed to have visited thesite of work, to have fully informed himself regarding the local conditions andcarried out his own investigations to arrive at the rates quoted in the tender. Inthis regard he will be given necessary information available with the departmentbut without any guarantee about its accuracy.

If the contractor shall have any doubt as to the meaning of any portion of thegeneral conditions, or the special conditions or the scope of the work or thespecifications and drawings or any other matter concerning the contract he shallin good time, before submitting his tender, put forth the particulars thereof andsubmit them to the Bank of Baroda, Panaji in writing in order that such doubtsmay be clarified authoritatively in writing before tendering. Once a tender issubmitted the matter will be decided according to tender conditions in theabsence of such authentic pre-clarification.

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

Witness Signature ……………… Contractor’s Signature………………

Addresses…………………………… Address……………………..

………………………………………………………………………

Date………………………………… Date…………………………

15

Special Condition Of Contract

Materials & All materials and workmanship shall so far as procurable be of theworkmanship to respective kinds described in the Schedule of Quantities and/or

confirm to Specifications and in accordance with the Bank’s instructions, anddescription the Contractor shall upon the request of the Bank furnish it with all

invoices, accounts, receipts and other vouchers to prove that theMaterials comply therewith. The Contractor shall at his own costarrange for and/or carry out any test of any materials which theBank may require as per the testing schedule of tender.

Contractor’s The Contractor shall give all necessary personal superintendencesuperintendence during the execution of the works, and as long thereafter as the

and Bank may consider necessary until the expiry of the “Defectsrepresentative Liability Period” stated in the Appendix hereto.On the works.

Dismissal of The Contractor shall on the request of the Bank immediatelyWorkmen. dismiss from the works any person employed thereon by him who

may, in the opinion of the Bank be incompetent or misconducthimself and such persons shall not be again employed on the worksWithout the permission of the Bank.

Access to works The Employer, their respective representatives shall at allreasonable times have free access to the work and/ or to theworkshops, factories or other places where materials are lying orfrom which they are being obtained and the Contractor shall giveEvery facility to the Employer.

Schedule of The Schedule of Quantities, unless otherwise stated shall beQuantities. deemed to have been prepared in accordance with the Standard

Method of Measurement.

Sufficiency of The Contractor shall be deemed to have satisfied himself beforeSchedule of tendering as to the correctness and sufficiency of his tender for thequantities works and of the prices stated in the Schedule of Quantities,

and/or the Schedule of Rates and Prices which rates and pricesshall cover all his obligations under the Contract, and all mattersand things necessary for the proper completion of the works.

Measurement of The Bank may from time to time intimate to the Contractor andworks Employer that he requires the works to be measured, and the

Contractor shall forthwith attend or send a qualified Agent toassist the Bank.

Should the Contractor not attend or neglect or omit to send suchAgent then the measurement taken by the Bank shall be taken to

16

be correct measurements of the works. Such measurements shallbe taken in accordance with the Mode of Measurements detailed inthe Specifications.

The Contractor or his Agency may at the time of measurement takesuch notes and measurements as he may require.

Unfixed Where in any Certificate (of which the Contractor has receivedmaterials when payment), the Bank has included the value of any unfixed materials

taken into intended for and/or placed on or adjacent to the works suchaccount to be materials shall become the property of the Employer and they shallthe property of not be removed except for use upon the works, without the writtenthe Employer. Authority of the Bank. The Contractor shall be liable for any loss

of or damage to, such materials.

Defects after Any defect, shrinkage, settlement or other faults which mayvirtual appear within the “Defects Liability Period” stated in the Appendix

completion. hereto or, if none stated, then within twelve months after thevirtual completion of the works, arising in the opinion of the Bankfrom materials or workmanship not in accordance with thecontract, shall upon the directions in writing of the Bank, andwithin such reasonable time as shall be specified therein, beamended and made good by the Contractor, at his own cost and incase of default the Employer may employ and pay other persons toamend and make good such defects, shrinkage, settlement or otherfaults, and all damages loss and expenses consequent thereon orincidental thereto shall be made good and borne by the Contractorand such damage, loss and expenses shall be recoverable from himby the Employer.

Certificate of The works shall not be considered as completed until the Bank hasvirtual Certified in writing that they have been virtually completed. The

completion & Defects Liability Period shall commence from the date of suchdefects liability Certificate.

period.

Other persons The Employer reserves the right to use premises and any portionsemployed by of the site for the execution of any work not included in this

Employer. Contract which it may be desire to have carried out by otherpersons, and the contractor shall allow all reasonable facilities forthe execution of such work. but shall not be required to provideany plant or material for the execution of such work except byspecial arrangement with the Employer. Such work shall be carriedout in such manner as not to impede the progress of the worksincluded in the Contract and the Contractor shall not beresponsible for any damage or delay which may happen to oroccasioned by such work.

17

Insurance in The Contractor shall be responsible for all injury or damage torespect to persons, animals or things, and for all damage to property whichdamages to may arise from any factor omission on the part of the Contractor orpersons and any Sub-Contractor or any nominated Sub-Contractor or any of

property. their employees. The liability under this clause shall cover also,interalia any damages to structures, whether immediately adjacentto the works or otherwise; any damage to roads, streets, footpaths,bridges as well as damage caused to the building and otherstructures and works forming the subject matter of this contract.The contractor shall also be responsible for any damage caused tothe buildings and other structures and works forming the subject,matter of this contract due to rain, wind, frost or other inclemencyof weather. The contractor shall, indemnify and keep indemnifiedthe employer and hold him harmless in respect of all and any lossand expenses arising from any such injury or damage to persons orproperty as aforesaid and also against any claim made in respect ofinjury or damage, whether under any statute or otherwise and alsoin respect of any award or compensation or damage consequentupon such claims. The Contractor shall, at his own expense, effectand maintain till issue of the virtual completion certificate underthis contract, with an insurance company approved by theEmployer, an All Risk Policy for Insurance for the full amount of thecontract including earthquake risk in the joint names of theemployer and the contractor (the name of the former being placedfirst in the policy) against all risk as per the standard all risk policyfor contractors and deposit such policy or policies with theemployer before commencing the works. The contactor should alsotake policy for workman’s compensation.

The Contractor shall reinstate all damage of every sort mentionedin this clause so as to do delivery of the whole of the workscomplete and perfect in every respect and so as to make good orotherwise satisfy all claims for damage to property or third parties.

The Contractor shall also indemnify and keep indemnified theEmployer against all claims which may be made against theEmployer by any person in respect of anything which may arise inrespect of the works or in consequence thereof and shall at his ownexpense, effect and maintain until the virtual completion of thecontract, with an Insurance Company approved by the employer apolicy of Insurance in the joint names of the Employer and theContractor (name of the former being placed first in the policy)against such risk and deposit such policy or policies beforecommencement of the works,

The minimum limit of the coverage under the policy shall be Rs.2lakhs per person for any one accident or occurrence and Rs.5 lakhsin respect of damage to property for any one accident or

18

occurrence. The contractor shall also indemnify the employeragainst all claim which may be made upon the Employer, whetherunder the Workmen’s Compensation Act or any other statute inforce, during the currency of this contract or at Common Law inrespect of any employee of the contractor or of Sub-Contractor andshall be at his own expense effect and maintain until the virtualcompletion of the contract, or with an Insurance Company,approved by the Employer, a policy of insurance against such risksand deposit such policy or policies with the Employer from time totime during the currency of this contract.

In default of the contractor insuring as provided above, theemployer may so insure and may deduct the premiums paid fromany moneys due or which may become due to the contractor.

The contractor shall be responsible for any liability which may notbe covered by the Insurance Policies referred to above and also forall other damages to any person, animal or defective carrying out ofthis contract, whatever, may be the reasons due to which thedamage shall have been caused.

The contractor shall also indemnify and keep Indemnified theEmployer against all and any costs, charges or expenses arisingout of any claim or proceedings relating to the works and also inrespect of any of damage or compensation arising there from.

Without prejudice to the other rights of the employer againstcontractors in respect of such default, the employer shall be entitledto deduct from any sums payable to the contractor the amount ofany damages, compensation costs, charges and other expensespaid by the employer and which are payable by the contractorunder this clause.

The Contractor shall upon settlement by the insurer of any claimmade against the insurer pursuant to a policy taken under thisclause, proceed with due diligence to rebuild or repair the worksdestroyed or damaged. In this event all the money received fromthe Insurer in respect of such damage shall be paid to theContractor and the contractor shall not be entitled to any furtherpayment in respect of the expenditure incurred for rebuilding orrepairing of the materials or goods destroyed or damaged.

The contractor, in case of re-building or reinstatement after damageshall be entitled to such extension of time for completion as theBank deem fit, but shall, however, not be entitled to reimbursementby the employer of any shortfall or deficiency in the amount finallypaid by the insurer in settlement of any claim

arising as set out herein

19

Date of The Contractor shall be allowed admittance to the site on thecommencement “Date of Commencement” stated in the Appendix hereto, or suchand completion. later date as may be specified by the Bank and he shall thereupon

and forthwith begin the works and shall regularly proceed with andcomplete the same (except such painting or other decorative workas the Bank may desire to delay) on or before the “Date ofCompletion” stated in the Appendix subject nevertheless to theprovisions for extension of time hereinafter contained.

Damage for non- If the Contractor fails to complete the works by the date stated incompletion the Appendix or within any extended time reasonably to have been

completed the Contractor shall pay the Employer the sum named inthe work order as “Liquidated Damages” for the period duringwhich the said work shall so remain incomplete and the employermay deduct such damage from any moneys due to Contractor.

Delay and 1 If in the opinion of the Bank the works be delayed (a) by forceextension of majeure or (b) by reason of any exceptionally inclement weather or

time. (c) by reason of proceedings taken or threatened by or dispute withadjoining or neighboring owners or public authorities arisingotherwise than through the Contractor’s own default or (d) by theworks or delays of other Contractors or Tradesmen engaged ornominated by the Employer or the Bank and not referred to in theSchedule of Quantities and/or Specification or (e) by reason ofBank’s instructions as per Clause 2 hereof or (f) by reason of civilcommotion, local combination of workmen or strike or lockoutaffecting any of the building trades or (g) in consequences of theContractor not having received in due time necessary instructionsfrom the Bank for which he shall have specifically applied inwriting or (h) from other causes which the Bank may certify asbeyond the control of contractor or (i) in the event, the value ofwork exceed the value of the priced schedule of quantities owingto variations the Bank may with previous approval in writing of theEmployer make fair and reasonable extension of time forcompletion of the Contract Works. In case of such strike or lockout the Contractor shall immediately give written notice thereof tothe Bank but the Contractor shall nevertheless constantly use hisendeavors to prevent delay and shall do all that may reasonably berequired to the satisfaction of the Bank to proceed with work.

If the Contractor needs an extension of time for the completion ofthe work or if the completion of work gets delayed for any reasonbeyond due date of completion stipulated in the contract, theContractor shall apply to the Employer for extension of time inwriting at least 7 days before the expiry of the scheduled time andwhile applying for extension of time Contractor shall furnish the

20

reasons in detail and his justification, if any, for delays. Only thatperiod of extension of time as granted by the Employer (on receiptof the application from the contractor or even in absence of anysuch application) will qualify for exemption of imposition ofliquidated damages.

Further, the contract shall remain in force even for the periodbeyond the due date of completion irrespective whether theContractor has applied or not, for the grant of extension of timefor completion unless the Employer decides to terminate thecontract. The delay for completion of work for any reason will notentail any right to the contractor to claim any revision of rates orany extra compensation for any reason.

Termination of If the Contractor being an individual or a firm commits any “act ofcontract by The insolvency”, or shall be adjudged an insolvent or being an

Employer incorporated Company shall have an order for compulsory windingup made against it or pass an effective resolution for winding upvoluntarily or subject to the supervision of the Court and theOfficial Assignee or the Liquidator of such acts of insolvency orwinding up, as the case may be, shall be unable within seven daysafter notice to him requiring him to do so, to show to thereasonable satisfaction of the Bank that he is able to carry out andfulfill the Contract and to give security therefore, if so required bythe Bank.

Or if the Contractor (when and individual, firm or incorporatedCompany) shall suffer execution or other process of Court attachingproperty to be issued against the Contractor.

Or shall suffer any payment under this Contract to be attached byor on behalf of any of the creditors of the Contractor.

Or shall assign or sublet this Contract without the consent inwriting of the Employer first had and obtained.

Or shall charge or encumber this Contract or any payments due orwhich may become due to the Contractor hereunder.

Certificates and The Contractor shall be paid by the Employer from time to time bypayments installments under Interim Certificates to be issued by the Bank to

the Contractor on account of the works executed when in theopinion of the Bank found complete.

Settlement of All disputes and differences of any kind whatever arising out of ordisputes try in connection with the contract or the carrying out of the worksarbitration. (whether during the progress of the works or within 12 months

from the date of virtual completion of the work and whether

21

before or within 12 months of determination abandonment orbreach of the contract) shall be referred to giving inter-alia fulldetails of the matter under dispute like quantities, rates, amountclaimed and the reason thereto and settled by the Bank who shallstate his.

The Arbitrator shall have power to open up, review and revise anyCertificate, opinion, decision requisition or notice, save in regard tothe excepted matters, referred to in the preceding Clause and todetermine all matters in dispute which shall be submitted toarbitration and of which notice shall have been given as aforesaid.

The Arbitrator shall make his award within one year (or such furtherextended time as may be decided by him or them as the case maybe with the consent of the parties) from the date of entering on thereference. In case during the arbitration proceedings the partiesmutually settle, compromise or compound their dispute ordifference, the reference to arbitration, the reference to arbitrationand the appointment of the Arbitrator shall be deemed to have beenrevoked and the arbitration proceedings shall stand withdrawn orterminated, with effect from the date on which the parties file a jointmemorandum of settlement thereof; with the Arbitrator or theArbitrators as the case may be.

The submission shall be deemed to be a submission to arbitrationwithin the meaning of the Indian Arbitration Act, 1996 or anystatutory modification thereof.

It is agreed that the Contractor shall not delay the carrying out ofthe works by reason of any such matter, question or dispute beingreferred to arbitration, but shall proceed with the works with all duediligence and shall, until the decision of the Arbitrator or Arbitratorsas the case may be, is given.

Right of The Employer shall have a right to cause a technical examination ofTechnical the works by any of the persons or organization as appointed by the

Scrutiny of Final employer and the final bill of the Contractor including allBill. supporting vouchers, abstracts, etc. If as a result of this

examination or otherwise any sum is found to have been overpaidor over certified it shall be lawful for the Employer to recover thesum from any payment due to the Contractor for this works or anyother works being carried out by the contractors elsewhere underthe BANK OF BARODA.

Employer If, for any reason, the Employer is obliged, by virtue of theentitled to provisions of the Workmen’s Compensation Act, 1923, or anyrecover statutory modification or re-enactment thereof to pay

22

compensation compensation to a workman employed by the Contractor inpaid to execution of the works, the Employer shall be entitled to recover

workmen. from the Contractor the amount of compensation so paid, andwithout prejudice to the rights of the Employer under the said Act.The Employer shall be at liberty to recover such amount or anypart thereof by deducting it from the security deposit or from anysum due by the Employer to the Contractor under this contract orotherwise. The Employer shall not be bound to contest any claimmade against it under the said Act, except on the written requestof the contractor and upon his giving to the Employer full securityto the satisfaction of the Employer for all costs for which theEmployer might become liable in consequence of contesting suchclaim.

Return of Notwithstanding anything to the contrary contained in any or allsurplus the clause of this Contract, where any material for the execution

materials of the Contract is procured with the assistance of the Employer bypurchases made under orders or permits or licenses issued byGovernment, the Contractor shall held the said materialseconomically and solely for the purpose of the Contract and notdispose of them without the prior written permission of theEmployer and return it to the Employer, if required by theEmployer, at the mutually agreed price. Price is inclusive of salestax, octroi and other such levies paid by Contractor in respectthereof. In the event of breach of the aforesaid condition, theContract shall, in addition to being liable to action forcontravention of the terms of licenses or permit and or criminalbreach of trust, be liable to Employer for all moneys, advantagesor profits resulting or which in the usual course would haveresulted to him by reason of such breach.

Right of Without prejudice to any of the rights or remedies under thisEmployer to contract, it the Contractor, being an individual, dies, the Employerterminate shall have the option of termination the contract without incurring

contract in the any liability for such termination.event of deathof contractor if

individual.

23

APPENDIX HEREINBEFORE REFERRED TO

Ref. to Clauses in conditions herein before referred to

1. Defect Liability Period. : Twelve months

2 Period of Final Measurement. : Three Months from the date of VirtualCompletion.

3. Date of Commencement. : 7 days from issue of work-order.

4.. Rate of Liquidated Damages. : As per terms and condition of agreementand work-order.

5. Value of Work for interim : Rs 5,00,000/-certificate.

6. Retention Percentage : 8% maximum amount to be kept is equalto 5% of accepted tender value.

7. Security Deposit : 5 %(EMD + Total Retention money)

8. Installment after Virtual : 50% of security depositCompletion.

9. Period of honoring bill : 15 Days for RA Bills & 2 Months for finalbill.

10. Completion Period : 45 days from work order

24

LIST OF RECOMMENDED MATERIALS – INTERIOR WORKS

S. No Material Approved Brand/

1. Commercial Plywood - Greenply, Century, Kitply, Anchor

2. Laminate - Greenlam, Merino, Royal touché, Century,

3. Solid surface / corian - Dupont- corian, Merino, Samsung (Lotte/ staron), flexibond

4. Float Glass - Modiguard, St.Gobain

5. Screws - KW, Nettle fold,

6. Locks - Godrej, Hilti, Hardwyn, Europa

7. Floor Springs - Everite, Hemco,Hardwyn, Ozone, Enox.

8. Door Closer - Dorma, Godrej, Ozone, Enox.

9. Wood Preservative - Asian, Woodguard / termisil

10. Hinges with S.S. Pin - Earlbihari, Palladium, solo

11. Glass & Mirror - Modiguard, Saint Gobain, ASAHI

12. T.W.Lipping - Best quality teak,Well seasoned, free from sap, Knots, cracks, uniform in colour.

13. Sliding drawer channels - Godrej, Kich, Hilti, Ebcoor Approved by Architect.

14. Adhesive - Fevicol SH, araldite of Hindustan Ciba-geigy ltd., vamicol.

15. Hardware - Godrej, Kich, Hilti or Approved by Architect.

25

16. Solid Core Flush Door - Swastika, Kalpataru or Approved by Architect.

17. Paints - Asian, Berger, Nerolac, Dulux I.C.I. (Deluxe)

18. Sofa Fabric - Up-to Rs. 350.00 per Mtr.

19. Curtain fabric - Up-to Rs. 150.00 per Mtr.

20. Polish - French polish

21. Rubber Foam - MM Rubber foam, or equivalent

22. Polyurathene foam - Dunlop, U Foam or approved equivalent

23. Gypsum Board - Saint Gobain (India Gypsum), Armstrong,

24. Mineral Fibre ceiling - Saint Gobain (India Gypsum), Armstrong,

25. Aluminum Channels for false ceiling

- Saint Gobain (India Gypsum), Armstrong, , Jindal,

26. Venetian blinds - Aerolux, MAC, Vista, Hunter-Douglas

27. Sliding channels - Earl Bihari, Ebco, Godrej, Haffele, D-line, Dorma, Hettich, Enox, Geeze

28. Tiles (vitrified ceramic, glaze, etc.)

- RAK, AGL, Johnson, NITCO, Kajaria, Graffity, Harmony

29. Tile adhesives - Sunanda Chemicals , Pedelite, Roff

30. Sanitary ware - Parryware, ,Cera, Hindware, Kolhar Johnson,

31. Sanitary fittings - Jaquar, Grohe, Czar, Cera

32. Geyser - Ketco, Bajaj

33. Stainless Steel Sink - Nirali, Diamond, A.M.C

26

34. GI pipes - SwastikT.T, TATA, Zenith

35. Nahani Trap - Kissan, NECO

36. Gate Valve - Leader or equivalent

37. Sanitary convenience fittings

- Kimberly Clarke

38. ACP Alcobond, Durabuild, Alstrong, Aludecor, Timex

39. Water Proofing - Rofee, Xypex.

40. Cement - Birla, ACC, Ambuja,

41. Any other - Any of the above productsnot available in the marketthen other equivalent product to be approved by the Architect/ consultant.

Above makes of materials are indicative which shows the requirement ofacceptable quality for work to be executed. The contractor shall get each &every material approved by the Architect, before execution of the work.

All brands to be got approved from the Architect beforeexecution, Contractor to confirm before placing the orderwith the supplier.

SIGNATURE OF CONTRACTOR

27