SBI INFRAMANAGEMENT SOLUTIONS PVT LTD. (SBIIMS) (A Wholly Owned Subsidiary of SBI) PART-1. (Technical Bid) - PDF Free Download

SBI INFRAMANAGEMENT SOLUTIONS PVT LTD. (SBIIMS) (A Wholly Owned Subsidiary of SBI) PART-1. (Technical Bid)

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1 SBI INFRAMANAGEMENT SOLUTIONS PVT LTD. (SBIIMS) (A Wholly Owned Subsidiary of SBI) Circle Office:2 nd Floor, SBI, Patna Main branch building, West Gandhi Maidan, Patna PART-1 (Technical Bid) ONLINE TENDER FOR RACC FI&MM ASHOK RAJPATH AT PATNA Tender ID NO: PAT Name of the Tenderer... Address: GSTIN:... 1

2 E-TENDER NOTICE SBIIMS on behalf of SBI Patna Circle invites tender in two bid system from interested SBI approved empaneled Interior furnishing contractors (Category C and above) under Patna Circle for RACC FI&MM ASHOK RAJPATH AT PATNA.through two bid on line tendering mode System portal Details of tenders are as under: 1. Name of Work : RACC FI&MM ASHOK RAJPATH AT PATNA. 2 Cost of Tender document : Rs1000/-non-refundable to be deposited online through using State Bank Collect gateway on or before up to 03:00 PM. Without Tender processing fee Tender will be rejected 3 Tenders shall remain valid for : For a period of 90 days from the date of opening of price bid of tender. 4 Earnest Money Deposit (EMD) : Rs.8400/- in the form of DD from any Nationalised Bank drawn in favour of SBI Infra Management Solutions Pvt Ltd 5 Time allowed for completion : 30 days from the date of issue of work order. 6. Estimated Cost : Rs.8.37lacs(approx)/- + GST 7 Interim Payment : No interim payment will be made. Payment will be made after completion of work and to the satisfaction of SBIIMS and Bank only. 8. Availability of Tender Documents 9. Tender document downloading Start Date 10. Tender document downloading End Date 11. Last date and time of submission of Tender 12. Date and time of opening of tender : Tender documents to be downloaded from the Bank's website or SBI e-tender portal : From 02:00 P.M on : Upto 02:00 P.M ( 1400 hrs) on : Upto 3.00 P.M (1500 hrs) on at 3.30 P.M 13. For any details contact : Asstt. Manager (Civil) : Mr. Tauseef Ahmad ( ) 14. For E-Tender related queries : Service provider: M/s Antares Systems Limited. 1 st floor, Old Bank of India compound, M/22 Building, Road No. 25, S.K. Nagar, Patna Mobile : Rakesh kumar , Mr. Pawan kumar Singh , Mr. Amit Prafulla a) The SBIIMS reserves the right to reject any or all the tenders without assigning any reason. b) Electronically Sealed e-tenders are invited from the Bank s Empanelled Contractors as mentioned in NIT in two parts, i.e. Cover I and Cover II separately Sealed tenders in two parts i.e. cover-i and cover- II are to be submitted online on the website : 2

3 ** No bid shall be accepted offline. (a) Cover-I (Technical Bid): Technical bid envelope called Electronic Format of Technical Bid shall contain the following documents: (i) Details of EMD and tender cost: Scan copy of Demand Draft must be uploaded in e-tender website along with technical bid (ii) Electronic form of Technical Bid Cover-I will be opened as per above mentioned date & time in the presence of Tenderers who desire to attend. The tenderers can view the Tender opening details through their respective log in Ids on the above-mentioned e-tender portal (Website). (b) Cover-II (Price Bid): Shall contain the Electronic format of Price Bid. No condition/ stipulation in Cover-II other than unconditional general rebate shall be accepted. Cover-II (Price Bid) will be opened only of those bidders who are successful in Technical Bid (Cover- I) after through scrutiny. The contractor/ vendor can view the Tender opening details through their respective log in Ids on the above-mentioned e-tender portal (Website). c) The Bidder is expected to examine all instructions, forms, terms and specifications in the bid documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and shall result in rejection of the bid. d) In case the date of opening of tenders is declared as a holiday, the tenders will be opened on the next working day at the same time. E-TENDERING INSTRUCTIONS TO BIDDERS General SBIIMS hereby publish the TENDER on e-tendering Portal (Website) : in Electronic mode hereinafter referred as e Tendering and TENDER will be hereunder called as e-tender. The e-tender published online through above portal (website) consisting of standard tender conditions, specifications, schedule of quantities, drawings (if any) for above referred work. Please note that copy of the above e-tender can be downloaded from above portal (website) and should be mandatorily submitted in Online Electronic Mode hereinafter referred as Online Offer. The submission of Online offer duly Encrypted & Digitally signed on above portal should be in prescribed Electronic Forms (Online) available on above portal for respective tender in Online Envelope(s) on or before As per the key Dates mentioned in the Tender Notice in this document and online portal for above tender. Instructions 1. Tender Bidding Methodology: Electronically Sealed Bid System Two Stage - Two Envelopes 2. Broad outline of activities from Bidders prospective 1. Procure a Digital Signing Certificate (DSC) 2. Register on the e-procurement portal : (The contractors need to upload scan copy of their valid empanelment letter in the portal otherwise their registration would be cancelled) 3. Create Users and assign roles on the above portal 4. View Notice Inviting Tender (NIT) on the above portal 5. Download Official Copy of Tender Documents from the above portal 6. Clarification to Tender Documents on the above portal 7. Bid-Submission on the above portal 8. Attend Public/Limited Online Tender Opening Event (TOE) on the above portal Opening of Technical-Part 9. Post-TOE Clarification on the above portal (Optional) Respond to SBIMS s Post-TOE queries 10. Attend Public/Limited Online Tender Opening Event (TOE) on the above portal 3

4 Opening of Financial-Part (Only for Technical Responsive Bidders) For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the above portal. 3. Digital Certificates For integrity of data and authenticity/ non-repudiation of electronic records, and to be complaint with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class II or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer 4. Registration To use the Electronic Tender portal : vendors need to register on the portal. Registration of each organization is to be done by one of its senior persons vis-a-vis Authorized Signatory who will be the main person coordinating for the e-tendering activities. In the above portal terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal, and follow further instructions as given on the site. Note: After successful submission of Registration details please contact to the Helpdesk of the portal to get your registration accepted/activated. Help Desk: Contact Person: Mr. Rakesh Kumar Tel. No , Mr. Pawan kumar Singh Tel No , Mr. Amit Prafulla Tel No ID 5. Bidding related Information for this Tender (Sealed Bid) The entire bid-submission would be online on the portal. Broad outline of submissions are as follows: Submission of Bid Security/ Earnest Money Deposit (EMD) & Cost of Bid Document Submission of digitally signed copy of Tender Documents/ Addendum Power of Attorney, Two Envelopes,- Technical-Part, Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid Annexure (Optional). NOTE: Please note that above e-tendering system is an automatically time locked system which will be locked immediately as soon as due date and time is over and will not accept any offer after that. So, the tenderers are strictly advised to do their process well before the due date and time to avoid any such instances. 6. Tender Opening Event (TOE) The e-procurement portal offers a unique facility for Public/Limited Online Tender Opening Event (TOE). Tender Opening Officers as well as authorized representatives of bidders can attend the Public/Limited Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure Public/Limited Online Tender Opening Event (TOE) has been implemented on the portal. As soon as a Bid is decrypted with the corresponding Pass-Phrase as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The tedium of taking notes during a manual Tender Opening Event is therefore replaced with this superior and convenient form of Public/Limited Online Tender Opening Event (TOE). The portal has a unique facility of Online Comparison Chart which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhance Transparency. Detailed instructions are given on relevant screens. The portal has a unique facility of a detailed report titled Minutes of Online Tender Opening Event (TOE) covering all important activities of Online Tender Opening Event (TOE). This is available to all participating bidders for Viewing/ Downloading. There are many more facilities and features on the portal. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer. IMPORTANT NOTE: In case of internet related problem at a bidder s end, especially during critical events such as a short period before bid-submission deadline, during online public/limited tender opening event, during e-auction, it is the bidder s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider s end (in the server, 4

5 leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of SBIIMS by the bidders in time, then SBIIMS will promptly re-schedule the affected event(s). 7. Minimum Requirements at Bidders end In order to operate on the electronic tender management system, the user s machine is required to be set up. The machine must have running XP service Pack 3 or higher version of Windows like Vista or Window 7. Also need to install Mozilla Fire fox web browser and latest Version of Java. For and behalf of SBIIMS Patna 5

6 INSTRUCTIONS TO THE TENDERERS Eligibility Criteria: Must be empanelled in SBI Patna Circle for category equivalent or above estimate value. Supporting document shall be attached. 1.0 Scope of Work Sealed tenders are invited by SBIIMS, Patna Circle for and behalf of SBI Patna Circle RACC FI&MM ASHOK RAJPATH AT PATNA 2.0 Tender Documents 2.1 The work has to be carried out strictly according to the conditions stipulated in tender consisting the documents as NIT, Instructions to the Tenderers, General Conditions of Contact, special conditions of contract, technical specifications, price bid, drawings etc. 2.2 The above documents shall be taken as complementary and mutually explanatory of one another but in case of ambiguities or discrepancies shall take precedence in the order as Price Bid, Additional specification, Technical specification, Drawings, Special conditions of contract, GCC, instructions to Tenderers. 3.0 Site Visit: The tenderer must obtain himself on his own responsibility and his own expenses all information, data which may be required for the purpose of filling this tender document and enter into a contract for the satisfactory performance of the work. The Tenderer is requested satisfy himself regarding the availability of water, power, transport and communication facilities, the character quality and quantity of the materials, labour, the law and order situation, climatic conditions, local authorities requirement, traffic regulations etc. The tenderer will be fully responsible for considering the financial effect of any or all the factors while submitting his tender. 4.0 Earnest Money: The tenderers are requested to submit the Earnest Money in the form as mentioned in NIT. No interest will be paid on the EMD. 5.0 Initial Security Deposit: The successful tenderer will have to submit a sum equivalent to 2% of contract value less EMD, within a period of 07 days of acceptance of work-order. 6.0 Security Deposit: It shall be 5% of contract value including ISD. Balance 3% shall be deducted from the running account bill of the work at the rate of 10% of the respective running account bill i.e., deduction from each running bill account will be 10% till total 3% of contract value is reached. 50% of the total security shall be paid to the contractors on the basis of Architects/SBIIMS certifying the virtual completion and the contractor s removal of his materials, equipment, labour force, temporary sheds, stores, site office etc. The balance 50% would be paid to the contractors 15 days after the defects liability period as specified in the contract provided he has satisfactorily carried out all the works and attended to rectification of all defects in accordance with the conditions of the contract Additional Security Deposit: In case In case L-1 bidder quotes abnormally low rates (i.e. 10% or more, below estimated project cost), the SBIIMS may ask such bidder to deposit additional security deposit (ASD) equivalent to difference of estimated cost vis-à-vis L-1 quoted amount for due fulfilment of contract. Such ASD could be in the form of FDR / Bank s guarantee in the SBIIMS name as per format approved by the SBIIMS. On successful completion of work ASD will be returned to the contractor. In case contractor fails to complete the work in time or as per tender specification or leave the job incomplete, the SBIIMS will be at liberty to recover the dues from ASD or to forfeit such ASD as the case may be within its sole discretion. 6.2 No interest shall be paid to the amount retained by the SBIIMS as Security Deposit. 7.0 Signing of Contract Documents: The successful tenderer shall be bound to implement the contract by signing an agreement with Bank and conditions of contract attached herewith within one week from the receipt of intimation of acceptance of his tender by the SBIIMS. 6

7 8.0 Completion Period: Time is essence of the contract. The work should be completed in all respects in accordance with the terms of contract within a period of 30 days from the date of handing over site or 7 days from the date receipt of work-order of acceptance whichever is later. 9.0 Validity of Tender: 3 ( Three ) months from the date of opening price bid. If the tenderer withdraws his / her offer during the validity period or makes modifications in his / her original offer which are not acceptable to the Bank/SBIIMS without prejudice to any other right or remedy the Bank/SBIIMS shall be at liberty to forfeit the EMD Liquidated Damages: The liquidated damages shall be 0.5% of the contract value per week of delay subject to a maximum of 5% of contract value. Addendum to Liquidated Damages Clause :-- 1. The parties hereby agree that due to negligence of act of the Contractor, if the employer suffers losses, damages, the quantification of which may be difficult, and hence the amount specified hereunder shall be construed as reasonable estimate of the damages and the Contractor agree to pay such liquidated damages, as defined hereunder as per the provisions of this Contract. 1.2 The amount of liquidated damages under this Contract shall not exceed 5% of the total value of the contract. 1.3 The liquidated damages shall be applicable under following circumstances: If the deliverables are not submitted as per schedule and time, the Contractor shall be liable to pay 1% of the total cost of the services for delay of each week or part thereof If the deliverables are not acceptable to the Employer, and defects are not rectified to the satisfaction of the Employer within 30 days of the receipt of the notice, the Contractor shall be liable for Liquidated Damages for an amount equal to 0.5% of total cost of the services for every week or part thereof for the delay Any delay beyond this, STATE BANK OF INDIA/SBIIMS shall be free to terminate the contract and get the work done from an alternate source at the risk of the contractor, besides forfeiting EMD. The decision of the Bank/SBIIMS as to the period of delay on the part of the contractor and the quantum of compensation for such delay shall be final and binding on the contractor. If the contractor is unavoidably hindered in carrying out the work on account of delayed decision or the approval by the Bank/SBIIMS, which are necessary to carry out further work, he shall be allowed suitable extension of time by concerned authority of the Project, whose decision shall be final and binding on the contractor. No claim of the contractor shall be entertained against the Bank/SBIIMS for such delayed approvals / decisions by the Corporation, excepting suitable extension of time Rates and Prices 11.1 In case of item rate tender The tenderers shall quote their rates for individual items both in words and figures. In case of discrepancy between the rate quoted in words and figures the unit rate quoted in words in the original tender will prevail. If no rate is quoted for a particular item in either of the tender documents the contractor shall not be paid for that item when it is executed The tenderers need not quote their rates for which no quantities have been given. In case the tenderers quote their rates for such items those rates will be ignored and will not be considered during execution The tenderers should not change the units as specified in the tender. If any unit is changed the tenders would be evaluated as per the original unit and the contractor would be paid accordingly. The tenderer should not change or modify or delete the description of the item. If any discrepancy is observed he should immediately bring it to the knowledge of the Architect / SBIIMS The rate quoted shall be firm and shall include all costs, allowances, taxes, vat levies etc. but excluding GST which will be paid separately to the contractors also include 1% of the billed amount towards Labour Welfare Fund, which will be deducted from contractors bill. 7

8 ARTICLES OF AGREEMENT ( On Non-Judicial Stamp Paper of Rs ) ARTICLES OF AGREEMENT made this day of Two thousand between the STATE BANK OF INDIA, a Corporation constructed under the State Bank of India Act, 1955 and having its Corporate Centre at Madam Cama Road, Mumbai ( hereinafter referred to as the OWNER ) which expression shall include its successor or successors and assigns ) of the ONE PART through the authorized officer Assistant General Manager (Premises) ( Designation )/other authorized officer. AND M/s. having its registered office at ( therein after referred to as the CONTRACTOR ) of the OTHER PART. WHEREAS the OWNER is desirous of RACC FI&MM ASHOK RAJPATH AT PATNA. ( herein after called the Work ). AND WHEREAS the Owner in order to effectively carry out the work has engaged M/s. SBIIMS, Patna, a firm of Consultants, Architects, Engineers and Planners ( herein after referred to as The Consultants) to prepare Scheme plans, Detailed Drawings & specifications, description of work, to supervise the work and to assist in concerned technical matters. AND WHEREAS the Owner has caused the plans, drawings and specifications, priced schedule of quantities of the works to be executed as per conditions of the contract and special conditions prepared with the assistance of the said Architect / Consultant subject to which the offer of the Contractor shall be accepted WHEREAS the contractor has deposited with the Owner [EMD Rs..../- + ISD Rs..../- ] = TOTAL Rs..../- (Rupees... ) as security deposit for the due performance of the Agreement and WHEREAS the Owner has issued letter of intent work order to the Contractor through the architect. AND WHEREAS said drawings inclusive of the specifications, priced schedule of quantities, conditions of contract and special conditions all of which are collectively hereinafter collectively referred to as the said condition ) have been signed by the parties hereto and the contractor has agreed to execute the works upon and subject to the said conditions. NOW IT IS HEREBY AGREED AS FOLLOWS : 1. In consideration of the payments to be made to the contractor as hereinafter provided the contractor shall upon and subject to the said conditions execute and complete the works shown upon the site drawings etc. and such further detailed drawings as may be furnished to the contractor by the said owner through the Architect as described in the said specifications and the said priced schedule of quantities. 2. The Owner will pay to the Contractor the sum of Rs. ( Rupees only) (hereinafter called the contract sum) or such other sum become payable hereunder at the times and in the manner specified in the said conditions. However, the actual sum will be paid on the actual value of work done, irrespective of the contract sum. 3. The term The Architects / Consultants in the said conditions shall mean the said M/s. SBIIMS, Patna and in the event of the said Architect / Consultant ceasing to be the Architect / consultant for the purpose of this contract such other person as shall be nominated for the purpose by the Owner. 8

9 4. The plans, agreement and documents above mentioned shall form the basis of this contract and all disputes to be decided in the manner prescribed in the conditions attached hereto. 5. The said contract comprises the works as above mentioned, and all subsidiary works connected therewith within the same site as may be ordered to be done from time to time by the said Owner even though said works may not be shown on the drawings or described in the said specifications or the priced schedule of quantities. 6. Notwithstanding what are stated in the special condition, conditions of contract and hereinbefore stated the Owner through the Architect / Consultants reserves to himself the right to alter the drawings and nature of the work and of adding to or omitting any items of works form or of having portions of the same carried out departmentally or otherwise and such alterations or variations shall be carried out without prejudice to this contract. 7. The said conditions shall be read and be treated as forming part of this agreement and the parties hereto will respectively be bound thereby and to abide by and submit themselves to the conditions and stipulations and perform the same on their parts to be respectively observed and preferred. 8 Employer reserves to itself the right of altering the drawings and nature of the work by adding to or omitting any items of work or having portions of the same carried out without prejudice to this contract. 9. Time shall be considered as the essence of this contract and the Contractor hereby agrees to commence the work soon after the site is handed over to him or from 7 th day after issue of formal work order as provided for in the said conditions whichever is earlier and to complete the entire work within 30 days subject to nevertheless the provisions for extension of time. 10 All payments by the employer under this Contract will be made only at Patna Circle. 11. Any dispute arising under this agreement shall be referred to the arbitration to a sole arbitrator appointed with consent of the Owner and the Contractor as indicated in the Articles of the General Conditions. The award of the arbitrator shall be final and binding on both parties. The court in Patna shall have jurisdiction to determine the same. 12. That the several parts of this contract have been read by the Contractor and fully understood by the contractor. IN WITNESS WHEREOF, the parties hereto executed these presents the day hereinabove written. and year WITNESS EXECUTANTS OWNER CONTRACTOR 2. Signature with Seal ( In case of the Company, the common seal be affixed pursuant to resolution of Board of Directors in accordance with Articles of Association of the Company the directors etc. as the case may be affixing common seal may be initial in token thereof and also by putting their names. ) 9

10 GENERAL CONDITIONS OF CONTRACT (G.C.C.) 1.0 Definitions: Contract means the documents forming the tender and the acceptance thereof and the formal agreement executed between SBI RBO FI&MM Patna (Client) and the Contractor, together with the documents referred therein including these conditions, the specifications, designs and instructions issued from time to time by Architects / Bank and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. 1.1 In the contract the following expressions shall, unless the context otherwise requires, have the meaning hereby respectively assigned to them SBI is having its Corporate Centre at State Bank Bhavan, Madame Cama Road, Mumbai and includes the Client s representatives successors and assigns. Consultants shall mean M/s. SBIIMS, Patna, Site Engineer shall mean an Engineer appointed by the SBIIMS as their representative to give instructions to the contractors The Contractor shall mean the individual or firm or company whether incorporated or not undertaking the works and shall include legal personal representative of such individual or the composing the firm or company and the permitted assignees of such individual or firms of company. The expression works or work shall mean the permanent or temporary work described in the Scope of Work and / or to be executed in accordance with the contract and includes materials, apparatus, equipment, temporary supports, fittings and things of all kinds to be provided the obligations of the contractor hereunder and work to be done by the contractor under the contract Engineer shall mean the representative of the SBIIMS/Architect / Consultant Specifications shall mean the specifications referred to in the tender and any modifications thereof as may time to time be furnished or approved by the SBIIMS/Architect / Consultant Month means calendar month Week means seven consecutive days Day means a calendar day beginning and ending at 0:00 hrs and 24 hrs respectively. CLAUSE 1.0 Scope of Work The contractor shall carry out complete and maintain the said work in every respect is strictly accordance with this contract and with the directions of and to the satisfaction of the Bank to be communicated through the Architect / Consultants. The Architect / Consultant at the direction of the Bank from time to time issue further drawings and / or written instructions, details directions and explanations which are hereafter collectively referred to as Architect s / Consultant s instructions in regard to the variation or modification of the design, quality or quality of work or the addition or omission or substitution of any work. The removal from the site of any materials brought thereon by the contractor and any substitution of any other materials therefore the removal and / or re-execution of any work executed by him. The dismissal from the work of any person employed engaged thereupon. 2.0 Ownership of Document All specifications and copies thereof furnished by the SBI/SBIIMS through its Architect / Consultant are the properties of the SBI/SBIIMS. They are not to be used on other work. 3.0 Detailed Instructions 10

11 The SBI/SBIIMS through its Architect / Consultants shall furnish with reasonable promptness additional instructions as necessary for the proper execution of the work. All such instructions shall be consistent with the contract documents, true developments thereof and reasonably inferable there from. The work shall be executed in conformity therewith and the contractor prepare a detailed programme schedule indicating therein the date of start and completion of various activities on receipt of the work order and submit the same to the SBI/SBIIMS through the Architect / Consultant for approval. 4.0 Copies of Agreement Two copies of agreement duly signed by both the parties with the drawings shall be handed over to the contractors. 5.0 Materials, Appliances and Employees Unless or otherwise specified the contractor shall provide and pay for all materials, labour, water, power, tools, equipment transportation and any other facilities that are required for the satisfactory execution and completion of the work. Unless or otherwise specified all materials shall be new and both workmanship and materials shall be best quality. The contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. Workman whose work or behaviour is found to be unsatisfactory by the SBI/SBIIMS / Architect / Consultant he shall be removed from the site immediately. 6.0 Permits, Laws and Regulations Permits and Licenses required for the execution of the work shall be obtained by the contractor at his own expenses. The contractor shall give notices and comply with the regulations, laws, ordinances rules, applicable to the contractor. If the contractor observes any discrepancy between the drawings and specifications, he shall promptly notify the SBI/SBIIMS in writing under intimation of the Architect / Consultant. If the contractor performs any act which is against the law, rules and regulations he shall meet all the costs arising there from and shall indemnify the SBI/SBIIMS any legal actions arising there from. 7.0 Setting out Work The contractor shall set out the work and shall be responsible for the true and perfect setting out of the same and for the correctness of the positions, levels, dimensions and alignment of all parts thereof and get it approved by the Architect / Consultant before proceeding with the work. If at any time any error in this respect shall appear during the progress with the work, irrespective of the fact that the layout had been approved by the Architect / Consultant the contractor shall be responsible for the same and shall at his own expenses rectify such error, if so, required to satisfaction of the SBI/SBIIMS. 8.0 Protection of Works and Property The contractor shall continuously maintain adequate protection. Of all his work from damage and shall protect the SBI s properties from injury or loss arising in connection with contract. He shall make good any such damage, injury, loss, except due to causes beyond his control and due to his fault or negligence. He shall take adequate care and steps for protection of the adjacent properties. The contractor shall take all precautions for safety and protection of his employees on the works and shall comply with all applicable provisions of Govt. and local bodies safety laws and building codes to prevent accidents, or injuries to persons or property of about or adjacent to his place of work. The contractor shall take insurance covers as per clause 26.0 at his own cost. The policy may taken in joint names of the contractors and the SBI and the original policy may be lodged with the SBI. 9.0 Inspection of Work The SBI /SBIIMS/ Architect / Consultant or their representatives shall at all reasonable time have free access to the work site and / or to the workshop, factories or other places where materials are lying or from where they are obtained and the contractor shall give every facility to the SBI/SBIIMS / Architect / Consultant and their representatives necessary for inspection and examination and test of the materials and workmanship. No person unless authorized by the SBI/SBIIMS / Architect / Consultant except the representative of public authorities shall be allowed on the work at any time. The proposed work either 11

12 during its construction stage or its completion can also be inspected by the Chief Technical Examiner s organization a wing of Central Vigilance Commission Assignment and Subletting The whole of work included in the contract shall be executed by the contractor and he shall not directly entrust and engage or indirectly transfer assign or underlet the contract or any part or share thereof or interest therein without the written consent of the SBI/SBIIMS through the architect and no undertaken shall receive the contractor from the responsibility of the contractor from active superintendence of the work during its progress Quality of Materials, Workmanship & Test (i) (ii) All materials and workmanship shall be best of the respective kinds described in the contract and in accordance with Architect / Consultant instructions and shall be subject from time to time to such tests as the Architect / Consultant may direct at the place of manufacture or fabrication or on the site or an approved testing laboratory. The Contractor shall provide such assistance, instruments, machinery, labour and materials as normally required for examining measuring sampling and testing any material or part of the work before incorporation in the work for testing as may be selected and required by the Architect / Consultant. Samples All samples of adequate numbers, size, shades & pattern as per specifications shall be supplied by the Contractor without any extra charges. If certain items proposed to be used are of such nature that samples cannot be presented or prepared at the site detailed literature / test certificate of the same shall be provided to the satisfaction of the Architect / Consultant. Before submitting the sample / literature the contractor shall satisfy himself the material / equipment for which he is submitting the samples / literature meet with the requirement of tender specification. Only when the samples are approved in writing by the Architect / Consultant the contractor shall proceed with the procurement and installation of the particular material / equipment. The approved samples shall be signed by the Architect / Consultant for identification and shall be kept on record at site office until the completion of the work for inspection / comparison at any time. The Architect / Consultant shall take reasonable time to approve the sample. Any delay that might occur in approving the samples for reasons of its not meeting the specifications or other discrepancies inadequacy in furnishing samples of best qualities from various manufacturers and such other aspects causing delay on the approval of the materials / equipments etc. shall be the account of the contractor. (iii) Cost of Tests The cost of making any test shall be borne by the contractor if such test is intended by provided for in the specification or BOQ. (iv) Costs of tests not provided for If any test is ordered by the SBIIMS/Architect / Consultant which is either (a) If so intended by or provided for or (in the cases above mentioned) is not so particularized or though so intended or provided for but ordered by the Architect / Consultant to be carried out by an independent person at any place other than the site or the place of manufacture or fabrication of the materials tested or any Government / approved laboratory, then the cost of such test shall be borne by the contractor Obtaining information related to execution of work No claim by the contractor for additional payment shall be entertained which is consequent upon failure on his part to obtain correct information as to any matter affecting the execution of the work nor any misunderstanding or the obtaining incorrect information or the failure to obtain correct information relieve him from any risks or from the entire responsibility for the fulfilment of contract. 12

13 13.0 Contractor s superintendence The contractor shall give necessary personal superintendence during the execution of the works and as long, thereafter, as the SBIIMS/Architect / Consultant may consider necessary until the expiry of the defects liability period, stated hereto Quantities (i) (ii) The bill of quantities (BOQ) unless or otherwise stated shall be deemed to have been prepared in accordance with the Indian Standard Method of Measurements and quantities. The rate quoted shall remain valid for variation of quantity against individual item to any extent subject to maximum variation of the contract value by 25%. The amount paid under Clause 20 and 21 hereof as well as amounts of prime cost and provisional sums, if any, shall be executed. Some quantities may not be executed by Bank/SBIIMS depending upon site conditions and / or at the discretion of bank. Variation exceeding 25%: The items of work executed in relation to variation exceeding 25% shall be paid on the basis of provisions of clause 22 (e) hereof Works to be measured The SBIIMS/Architect / Consultant may from time to time intimate to the contractor that he required the work to be measured and the contractor shall forthwith attend or send a qualified representative to assist the Architect in taking such measurements and calculation and to furnish all particulars or to give all assistance required by any of them. Such measurements shall be taken in accordance with the Mode of measurements detailed in the specifications. The representative of the SBIIMS/Architect / Consultant shall take joint measurements with the contractor s representative and the measurements shall be entered in the measurement book. The contractor or his authorized representative shall recorded in token of his acceptance. All the corrections shall be duly attested by both representatives. No over writings shall be made in the Measurement Book should the contractor not attend or neglect or omit to depute his representative to take measurements then the measurements recorded by the representative of the SBIIMS/ Architect / Consultant shall be final. All authorized extra work, omissions and all variations made shall be included in such measurements. 15.A If there are varying or conflicting provisions made in any one document forming part of the contract, the Accepting Authority shall be the deciding authority with regard to the intention of the document and his decision shall be final and binding on the contractor. 15.B Any error in description, quantity or rate in Schedule of Quantities or any omission there from shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the works comprised therein according to drawings and specifications or from any of his obligations under the contract. 15,C The successful tenderer / contractor, on acceptance of his tender by the Accepting Authority, shall, within 07 days from the stipulated date of start of the work, sign the contract consisting of:- (i) The notice inviting tender, all the documents including drawings, if any, forming the tender as issued at the time of invitation of tender and acceptance thereof together with any correspondence leading thereto. (a) Various standard clauses with corrections up to the date stipulated in contract if any. (b) Safety Code. (c) Model Rules for the protection of health, sanitary arrangements for workers engaged by contractor. (d) Contractor s Labour Regulations. (e) List of Acts and omissions for which fines can be imposed. (iii) No payment for the work done will be made unless contract is signed by the contractor Variations No alteration, omission or variation ordered in writing by the SBIIMS/Architect / Consultant shall vitiate the contract. In case the SBI /SBIIMS/ Architect / Consultant thinks proper at any time during the progress of works to make any alteration in, or additions to or omission from the works or any alteration in the kind or quality of the materials to be used therein, the Architect / Consultant shall give notice thereof in writing to the contractor or shall confirm in writing within seven days of giving such oral instruction the contractor shall after to add to omit from as the case may be in accordance with such notice but the contractor do any work extra to or make any alteration or additions to or omissions from the works any deviation from any of the provision of the contract, stipulations, specifications contract drawings without previous 13

14 consent in writing of the SBIIMS/Architect / Consultants and value of such extras, alterations, additions or omissions shall in all cases be determined the Architect / Consultant and the same shall be added to or deducted from the contract value as the case may be Valuation of Variations No claim for an extra shall be allowed unless it shall have been executed under it authority of the Architect / Consultant with the concurrence of the SBI/SBIIMS as herein mentioned. Any such extra is herein referred to as authorized extra and shall be made in accordance with the following provisions. (a) (i) The net rates or prices in the contract shall determine the valuation of the extra work where such extra work is of similar character and executed under similar conditions as the work priced herein. (ii) Rates for all items, wherever possible should be derived out of the rates give in the priced BOQ. (b) (c) (d) (e) The net prices of the original tender shall determine the value of the items omitted provided if omissions do not vary the conditions under which any remaining items of works are carried out, otherwise the prices for the same shall be valued under such clause (c) hereunder. Where the extra works are not of similar character and / or executed under similar conditions as aforesaid or where the omissions vary the conditions under which and remaining items or works are carried out, then the contractor shall within 7 days or the receipt of the letter of acceptance inform the SBIIMS/ Architect / Consultant of the rate which he intends to charge for such items of work, duly supported by analysis of the rate or rates claimed and the SBIIMS/Architect / Consultant shall fix such rate or prices as if the circumstances in his opinion are reasonable and proper, based on the market rate. Where extra work cannot be properly measured or valued the contractor shall be allowed day work prices at the net rates stated in the tender of the BOQ or, if not, so stated then in accordance with the local day work rates and wages for the district provided that in either case, vouchers specifying the daily time (and if required by the SBIIMS/Architect / Consultant) the workman s name and materials employed be delivered for verifications to the SBIIMS/Architect / Consultant at or before the end of the week following that in which the work has been executed. It is further clarified that for all such authorized extra item where rates cannot be derived from the tender, the contractor shall submit rates duly supported by rate analysis worked on the market rate basis for material, labour, hire / running charges of equipment and wastages etc. plus 15% towards establishment charges, contractor s overheads and profit such items shall not be eligible for escalation Final Measurement The measurement and valuation in respect of the contract shall be completed within 6 months of the virtual completion of the work Virtual Completion Certificate ( V C C ) On successful completion of entire works covered by the contract to the full satisfaction of the SBI/SBIIMS, the contractor shall ensure that the following works have been completed to the satisfaction of the SBI/SBIIMS. (a) (b) (c) Clear the site of all scaffolding, wiring, pipes, surplus materials, contractor s labour, equipment and machinery. Demolish, dismantle and remove the contractor s site office, temporary works, structures including labour sheds / camps and constructions and other items and things whatsoever brought upon or erected at the site or any land allotted to the contractor by the SBI and not incorporated in the permanent works. Remove all rubbish, debris etc. from the site and the land allotted to the contractor by the SBI and shall clear, level and dress, compact the site as required by the SBI. 14

15 (d) (e) (f) Shall put the SBI/SBIIMS in undisputed custody and possession of the site and all land allotted by the SBI. Shall hand over the work in a peaceful manner to the SBI/SBIIMS. All defects / imperfections have been attended and rectified as pointed out by the SBIIMS to the full satisfaction of SBI/SBIIMS. Upon the satisfactory fulfilment by the contractor as stated above, the contractor shall be entitled to apply to the SBIIMS/Architect / Consultant is satisfied of the completion of work. Relative to which the completion certificate has been sought, the Architect / Consultant shall within 14 days of the receipt of the application for virtual completion certificate, issue a VCC in respect of the work for which the VCC has been applied. The issuance of a VCC shall be without prejudice to the SBI s rights and contractor s liabilities under the contract including the contractor s liability for defects liability period nor shall be issuance of VCC in respect of the works or work at any site be construed as a waiver of the right or claim of the SBI against the contractor in respect of works or work at the site and in respect of which the VCC has been issued Work by other Agencies The SBI /SBIIMS/ Architect / Consultant reserves the rights to use premises and any portion of the site for execution of any work not included in the scope of this contract which it may desire to have carried out by other persons simultaneously and the contractor shall not only allow but also extend reasonable facilities for the execution of such work. The contractor however shall not be required to provided any plant or material for the execution of such work except by special arrangement with the SBI/SBIIMS. Such work shall be carried out in such manners not to impede the progress of the works included in the contract Insurance of Works 21.1 Without limiting his obligations and responsibilities under the contract the contractor shall insure in the joint names of the SBI and the contractor against all loss of damages from whatever cause arising other than the except risks, for which he is responsible under the terms of contract and in such manner that the SBI and contractor are covered for the period stipulated 1 Clause of GCC and are also covered during the period of maintenance for loss or damage arising from a cause, occurring prior to the commencement of the period of maintenance and for any loss or damage occasioned by the contractor in the course of any operations carried out by him for the purpose of complying with his obligations under clause. (a) (b) (c) The works for the time being executed to the estimated current contract value thereof, or such additional sum as may be specified together with the materials for incorporation in the works at their replacement value. The constructional plant and other things brought on to the site by the contractor to the replacement value of such constructional plant and other things. Such insurance shall be effected with an insurer and in terms approved by the SBI which approval shall not be unreasonably with held and the contractor shall whenever required produce to the Architect / Consultant the policy if insurance and the receipts for payment of the current premiums. (d) Submitted original Contractor s All Risk Insurance Policy and Workmen s Compensation ( General ) Policy made by contractor s own cost Damage to persons and property The contractor shall except if and so far as the contract provides otherwise indemnify the SBI/SBIIMS against all losses and claims in respect of injuries or damages to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the works and against all claims proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto except any compensation of damages for or with respect of or in relation thereto except any compensation of damages for or with respect to : (a) The permanent use or occupation of land by or any part thereof. 15

16 (b) (c) The right of SBI/SBIIMS to execute the works or any part thereof, on, over, under, in or through any lands. Inquiries or damages to persons or properties which are unavoidable result of the execution or maintenance of the works in accordance with the contract. (d) Injuries or damage to persons or property resulting from any act or neglect of the SBI/SBIIMS their agents, employees or other contractors not being employed by the contractor or for or in respect of any claims, proceedings, damages, costs, charges and expenses in respect thereof or in relation thereto or where the injury or damages was contribute to by the contractor, his servants or agents such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the SBI/SBIIMS, their employees or agents or other employees or agents or other contractors for the damage or injury Contractor to indemnify SBI/SBIIMS The contractor shall indemnify the SBI/SBIIMS against all claims, proceedings, damages, costs, charges and expenses in respect of the matters referred to in provision sub-clause 26.2 of this clause Contractor s superintendence The contractor shall fully indemnify and keep indemnified the SBI/SBIIMS against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties which may be payable in respect of any articles or part thereof included in the contract. In the event of any claim made under or action brought against SBI/SBIIMS in respect of such matters as aforesaid the contractor shall be immediately notified thereof and the contractor shall be at his own expenses to settle any dispute or to conduct any litigation that may arise there from provided that the contractor shall not be liable to indemnify the SBI/SBIIMS if the infringement of the patent or design or any alleged patent or design right is the direct result of an order passed by the SBIIMS/Architect / Consultant in this behalf Third Party Insurance [ Contractor s All Risk Insurance Policy ] Before commencing the execution of the work by the contractor but without limiting his obligations and responsibilities under Clause 26.0 of GCC shall insure against his liability for any materials or physical damage, loss or injury which may occur to any property including that of SBI or to any person, including any employee of the SBI/SBIIMS, by or arising out of the execution of the works or in the carrying out of the contract, otherwise than due to the matters referred to in the provision to Clause 26.0 thereof Minimum Amount of Third Party Insurance Such insurance shall be effected with an insure and in terms approved by the SBI which approval shall not be reasonably with held and for at least the amount stated below. The contractor shall however required, produce to the Architect / Consultant the policy or policies of insurance cover and receipts for payment of the current premiums The minimum insurance cover for physical property, injury and death is Rs ( Five ) Lacs per occurrence with the number of occurrences limited to four. After such occurrence contractor will pay additional premium necessary valid for four occurrences always Accident or injury to Workmen [ Workmen s Compensation ( General ) Policy ] The SBI/SBIIMS shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workmen or other person in the employment of the contractor or any sub-contractor save and except an accident or injury resulting from any act or default of the SBI or their agents or employees. The contractor shall indemnify and keep indemnified SBI against all such damages and compensation, save and except as aforesaid and against all claims, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto Insurance against accidents etc. to workmen The contractor shall insure against liability with an insurer approved by the SBI during the whole of the time that any persons are employed by him on the works and shall when required, produce to the SBIIMS/Architect / Consultant such policy of insurance and receipt for payment of the current premium. 16

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