Notice Inviting Tender

Balmer Lawrie & Co Ltd. (A Govt. of India Enterprise) Travel & Vacations Scope Complex, Core 8, 4th Floor, 7 Lodhi Road, NEW DELHI-110 003.

TENDER NO: RHRNR/LS/RENOVATION/16-17/00016 DATE 10.01.2017

 DUE DATE & TIME - 20.01.2017 AT 02.00 PM  PRE-QUALIFICATION BID OPENING DATE & TIME - 20.01.2017 AT 04.00 PM

On-line Bids on item Rate basis are invited, on two bids basis, from Registered and eligible bidders in the prescribed form for Interior decoration and furnishing works of its new office Premises at “Shop No. 101, 1st Floor Kushal Bazar, Nehru Place, New Delhi," through Balmer Lawrie eProcurement Portal https://balmerlawrie.eproc.in

CONTACT DETAILS OF BALMER LAWRIE & CO LTD

BALMER LAWRIE & CO. LTD., (THE COMPANY) TRAVEL & VACATIONS SCOPE COMPLEX, CORE 8, 4th FLOOR, 7 LODHI ROAD, NEW DELHI 110 003

CONTACT PERSON: SH SATSH VASHISTH Sr.Branch Manager ( L ) PH.NO. Email id- 011-26485556 [email protected] SH ASHOK K. GUPTA, AVP (HR) -PH.NO. . Email id- 011-46412255 [email protected]

1 NOTICE INVITING TENDER

TENDER No. RHRNR/LS/RENOVATION/16-17/00016

1] On-line bids on item Rate basis are invited on two bids basis, (ie. Pre-qualification & Price Bid) from the REGISTERED vendors subject to terms and conditions given below, from reputed, experienced, bona-fide and eligible bidders in the prescribed form for Interior decoration and furnishing works of its new office Premises at Shop No. 101, 1st Floor, Kushal Bazar, Nehru Place, New Delhi, through Balmer Lawrie eProcurement Portal https://balmerlawrie.eproc.in

 Prequalification Bid & Eligibility Criteria – As given in annexure C  Price Bid Form - As given in Annexure E  The quantity so mentioned against each job item may be increased / and or decreased depending on the on-the-spot and operational requirement. The successful bidder would be required to undertake, execute and complete the actual requirement.  Responses from registered vendor/contractors of Balmer Lawrie & Co Ltd, will be accepted only. Other interested vendor, who want to apply through Company’s e- portal, may seek to register with the company, and subject to such registration being confirmed, they would considered for the subsequent Tenders.

2] EARNEST MONEY DEPOSIT –(EMD)

Earnest Money Deposit of Rs.10,000.00 (Rs. Ten Thousand only) to be paid by Demand Draft payable at New Delhi in favour of Balmer Lawrie & Co. Ltd. Cheque and any other form of payment are not acceptable towards EMD. EMD will carry no interest. Linking with earlier transactions/adjustments with pending bills or any other amount payable by the Company is not allowed.

The EMD of unsuccessful bidders would be refunded by cheque to unsuccessful bidders after finalization and acceptance of tender by the successful bidder. However, However, thethe successfulsuccessful bidders, may adjust EMD amount against required Security Deposit. Deposit. In case of failure to comply with enquiry terms, the Company reserves the right to cancel order/forfeit EMD /SD amount.

EMD is liable to forfeiture in the event of – a) Withdrawal of offers during validity period of the order. b) Non acceptance of the order c) Non Confirmation of acceptance of order within the stipulated time after placement. d) Any unilateral revision made by the bidder during the validity period of the offer. e) Non execution of the documents after acceptance of the contract due to any dispute of the bidder or any reason whatsoever.

OFFERS RECEIVED WITHOUT EARNEST MONEY DEPOSIT WILL BE REJECTED.

2 3] SECURITY DEPOSIT ( SD )

Within one (1) week of the Company’s communication to the successful bidder of of thethe acceptance of the rates, they will have to deposit with the company security deposit of Rs. 40,000/- (Rs. Forty Thousand) in any of the following manners. The security Deposit shall not bear any interest and shall be refunded by cheque only, after the issuance issuance of of virtual virtual completion certificate when the contract is over.

i)i) DD/pay order in favor of Balmer Lawrie & Co.Ltd. payable at Delhi. Cheque will not be accepted. OR ii)ii) Guarantee Bond executed by a Nationalized Bank approved by RBI as per Company’s Standard format. The Bank guarantee executed should be valid for a period of one year.

SD is liable to forfeiture in the event of – a) Withdrawal of order by the contractor during execution of order b) Any unilateral revision made by the bidder during execution of order

In case of failure to comply with enquiry and agreed terms, the Company reserves the right to cancel order/forfeit EMD and or SD amount.

4] Exemptions NSIC (National Small Industries Corporation) & Micro , Small & Medium Enterprises (MSME):

Following exemptions till such time it is valid/in force as per notification/circular issued by Govt. of India, may be considered while tendering in respect of vendors coming under the definition of “Micro and Small” industries and holding valid registration certificates as on date of enquiry, covering goods /services that are proposed to be procured.

i) Exemption in payment of EMD.

In support of your claim for exemption in payment of EMD, you are advised to send a legible copy of your registration certificate having a clear-cut mention about the validity of same.

If the contractor belongs to SC/ST or any other reserved category, he will submit duly signed certificate by appropriate Govt authority in the latest format of cast certificate ofGovt.

Pre-qualification Eligibility Criteria:

The contractor has to fulfil basic eligibility criteria as per annexure “C”. The annexure shall be filled and submitted along with certified supporting documents such as LOI, Award Letter, Work orders AND completion certificates from clients. The hard copies of related documents will have to be submitted at our above office before the due date and time for prequalification bid.

5] The prospective bidders are advised to first submit on-line pre-qualification bid along with the scan copy of demand draft of required EMD amount.

3 The prospective bidders are advised to submit hard copy of prequalification bid along with DD towards required EMD amount at our above office, before the due date and time of prequalification bid.

The Company reserves the right not to entertain representation of any bidder in this regard.

The Company reserves the right to engage more than one contractors at its discretion, if it is so desired.

Summary for execution of Work

A Mobilization Period 7 days from the date of LOI / Work Order Date of Commencement of B 7 days after the date of LOI / Work order work on site C Completion Period 4 weeks from date of commencement Rs.10,000.00 (Rupees Ten Thousand Only) to be paid by Demand Draft or D Earnest Money Deposit Banker's Cheque favouring Balmer Lawrie & Co. Ltd. payable at New Delhi E Security Deposit Rs. 40, 000/- (Fourty Thousand). 10% of the payment for a period of one F Retention Money year from the date of completion of job 12 calendar months from Virtual G Defects Liability Period Completion Liquidated Damages for 1% per week up to max. of 10% of H Delay Contract value Period of Final I One week Measurement J Frequency of Interim Bills 15 working days. Not Less than Rs.3,00,000/-(Rupees K Value of Interim Certificate Eight lacs only) Period of honoring Interim 7 working days. L Certificate

Details of Annexure

 Proforma for Affidavit to be submitted by the bidder -Annexure A  Proforma for Bank Guarantee in lieu of Security Deposit -Annexure B  Prequalification Bid & Eligibility Criteria -Annexure C  Report of Virtual Completion -Annexure D  Price Bid Form -Annexure E

Following documents have also been attached with the tender documents –

 Proforma for execution of Agreement  List of approved makes of material  Forwarding letter

4 6. The total work as detailed in this tender shall be executed and completed in all respects within a period of Four (4) weeks after the 7th day from the date of written order and or Letter of Intent, to commence the work in accordance with the tender Documents, Instructions to tenderers, Technical specification, Bill of Quantities, conditions of contract, Schedules & drawings, to the satisfaction of Architect / BALMER LAWRIE & CO. LTD.

The company shall not be responsible for any delay/ difficulties/ inaccessibility of the downloading facility for any reason whatsoever.

7 Rates must be quoted for complete work at site inclusive of all costs, taxes and charges, including VAT, etc. All taxes (Except Service tax on works contract) and duties including sales Tax, E.S.I. charges etc. as applicable at Delhi Central or octroi Royalties, inter state transportation etc. on works and materials required for use in this project shall be entirely borne & payable by the contractor. The Company will not entertain any claim whatsoever in this respect. The contractor is advised to familiarize himself with site conditions and the tenderer’s rates shall be inclusive of cost of such site conditions, restrictions (if any). The Company will not entertain any claim whatsoever in this respect. Any tax / surcharge etc. introduced during the course of execution of the work shall also have to be entirely borne by the Contractor.

Work Contract Tax (Service Tax on Works contract) is to be mentioned by the contractor in BOQ, as applicable as per latest Government Notification.

8 The tenders shall remain valid for acceptance for a period of 90 days from the date of opening of price bid of the tender.

9 (a) Deleted

Failure of the successful bidder to comply with the requirement as above shall constitute sufficient ground for cancellation of the award of work and forfeiture of the bid security.

9 (b) All running on account bills shall be paid at 90% (ninety percent) of work value. This 10% (ten percent) deduction will be made towards Retention Money, which would be held back for a period of one year from the date of satisfactory completion of job.

10.1 Tender document duly filled and signed by the tenderer shall be submitted as the tender for the work.

10.2 The Company do not bind itself to accept the lowest or any tender, or to assign any reason thereof.

10.3 Canvassing in any form in connection with the tender is strictly prohibited and the tenders submitted by the contractors who resort to canvassing in any form should be liable for rejection.

10.4 The tendering firms, in case the tenderer is a partnership firm, shall submit the tender signed by all the partners. In the event of absence of any partner, it must be signed on his behalf by a person holding power of attorney authorizing him to do so and such power of attorney shall be attached along with the tender.

11 Cost of Bidding: The bidder shall bear all costs associated with the preparation & submission of his bid and The Company will in no case be responsible and liable for those costs. 5 12 INFORMATION TO BE PROVIDED BY TENDERER i) If an individual: Full name. Postal Address Place of business ii)If Proprietary Firm: Name of Proprietor Full Postal Address of Proprietor / Firm iii)If Partnership firm: Full Names of Partners Full Postal Address of Firm & Partners iv) In case of Company: Date & place of registration Memorandum & Articles of Association, Name & Postal Address of the registered, office and all directors.

13. CHANGES IN CONSTITUTION OF THE CONTRACTING AGENCY.

i) Prior approval in writing of the company shall be obtained before any change is made in the constitution of the contracting agency, otherwise it will be treated as a breach of contract. ii) Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders submitted by such tenderers who resort to canvassing shall be liable for rejection. iii) Every Tenderer will have to submit a declaration in support of the authenticity of credentials submitted by him along with the Tender in the form of an AFFIDAVIT as per the format provided at ANNEXURE-“A” iv) If a Tenderer deliberately provides wrong information or submits false credentials in support of his qualifications, the Company reserves the right to terminate/rescind contract, forfeit the EMD and other dues of the contractor and to take any other action as may be deemed fit. v) An intending tenderer, after obtaining tender documents on payment of Application fee having doubts as to the meaning of any part of the tender documents may submit to the official inviting tender a written request for interpretation or clarification thereof. Any interpretation or clarification of the tender documents by formal addendum if issued by the official inviting tender, shall be final and valid and binding on the company and the tenderers.

14. TENDER EVALUATIONS AND BID ASSESSMENT

The Price Bids of the tenderers will have no condition. Conditional Price Bid shall be rejected out rightly. The Price Bids which are incomplete & not submitted as per instructions given in the Tender Document will be rejected.

No document presented by the bidder after the closing date & time of the bid will be taken into account.

If the bid of the successful bidder is seriously unbalanced in relation to the estimate of the cost of work to be performed under the contract, the company may ask the bidder to produce 6 detailed price analysis for any or all items of the Bill of quantities to demonstrate the internal consistency of these prices with the method and the schedule proposed. After evaluation of the price analysis, the company may require that the amount of the security deposit is increased at the expense of the successful bidder to a level sufficient to protect the company against financial loss in the event of default on the part of the successful bidder under contract.

Evaluation of the tender will be made on GRAND TOTAL value of all the items of work. Ranking of tenders will be on this GRAND TOTAL only. However the contract shall be executed on ITEM RATE basis and not on total work as SINGLE ENTITY.

15. Tenders thus submitted shall consist of the following: i) Complete set of tender documents as sold, duly filled in and signed on all pages and at different places as required of the tender. ii) Copy of Sales-tax Registration. iii) Copy of Service tax Registration. iv)PAN (Permanent I. Tax Account Number) v) Earnest money deposit (as specified hereafter) vi) Power of Attorney in the case the tender is signed by an authorized representative of the tenderer. vi) Full name and address of the tenderer shall be written on the bottom left hand corner of the sealed / closed covers.

16. The tender document in which the tender is submitted by the tenderer shall become the property of the Company and the Company shall have no obligation to return the same to the tenderer.

The bidders, who will download the tender documents from the website of the company, will be required to pay the cost of tender documents (Application Fee i.e. Rs.500.00- five hundred only ) by Bank Draft as per NIT at the time of submission of tenders.

The bidders will be required to submit an undertaking that they will accept the tender documents as available in the website and their tender shall be rejected if any tampering in the tender document is found to be done at the time of opening of tender.

The Bank Draft towards the cost of tender documents (Application Fee) and the undertaking of the tenderer as above shall be submitted in a separate envelope marked “Cost of Tender Documents and the Undertaking” and not with EMD.

In case of any discrepancy between the tender documents downloaded from the web site and the master copy available in the office, the latter shall prevail and will be binding on the tenderers. No claim on this account will be entertained.

17. Deleted

7 18. Every tenderer is expected, before quoting his rates, to go through the requirements of materials/workmanship under specification/requirements and conditions of contract and to inspect the site/area of the proposed work.

In case of item rate tender a schedule of quantities is enclosed with the tender document. He should quote specific rate for each item in the schedule and the rates shall be in rupees and paise. The rates shall be written both in words and figures and the unit in the words and the amount against each item totalled. In the event of any discrepancy between the description in words and figures, the description in words will prevail. Also in the event of any discrepancy between the quoted amount and amount arrived at, after multiplying rates with the quantity, the amount arrived at by multiplying rates with the quantity, shall prevail. The rates for the work should be inclusive of all incidentals, overheads, all taxes, Octroi's, duties, leads, lifts, carriage, tools & plant etc. as required for execution and completion of the work. It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and other prevalent conditions and fluctuations thereto whether they actually visited the site/area or not and have taken all the above factors into account while quoting his rates.

Corrections, where unavoidable, shall be made by crossing out and rewriting duly authenticated with full signature and date by the tenderer. Erasing or over-writing in the tender documents may disqualify the tender.

19. The tender shall be submitted in English ONLY.

20. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of his bid and the The Company will in no case be responsible and liable for those cost.

21. The tenderer shall closely study all specification in detail, which governs the rates for which he is tendering.

22. Copy of Sales-tax Registration and Service Tax registration and Proof of filing the returns for the previous financial year should accompany the tender.

23. The work should be completed within FOUR (4) Weeks from expiry of seventh (07) day from the issue of letter of acceptance of tender/work order or handing over the site or handing over reasonable number of working drawings to the contractor whichever is latest.

24. On completion of the work all rubbish, debris, brick bats etc. shall be removed by the contractor(s) at his/their own expense and the site cleaned and handed over to the company and he/they shall intimate officially of having completed the work as per contract.

25.The Company does not bind itself to accept the lowest tender and reserves the right to reject any or all the tenders without assigning any reasons whatsoever and to split up the work between two or more tenderers or accept the tender in part and not in its entirety.

26.. The tenderer(s) will indicate the equipment/machinery/ vehicles he/they is/are going to use on this job and also give adequate evidence of experience in doing similar works and financial capacity to complete the work in time.

27. The tenderer(s) should also state what technical/ supervisory personal he/they would be employing for supervising the work.

8 28. ‘Deleted’

29. Banned or delisted Contractors:

The bidders would give a declaration that they have not been banned or delisted by any Govt. or Quasi Govt. agencies or PSUs. If a bidder has been banned or delisted by any Govt. or Quasi Govt. agencies or PSUs this fact must be clearly stated and it may not necessarily be a cause for disqualification. If the declaration is not given, the bid will be rejected as non- responsive.

30. On receipt of letter for acceptance of the tender issued by the Company, the successful tenderer shall execute/accept contract agreement/work order in the company's prescribed form for the due fulfillment of the contract. Failure to enter into the required contract/accept the work order issued by the company within the specified period in the work order shall entail cancellation of letter of acceptance of tender/work order and forfeiture of the earnest money. The written contract/ work order to be entered into between the contractor and the company shall be the foundation of the rights of both the parties and the contract shall not be deemed to be executed until the contract/ work order is signed/ accepted by both the parties i.e. Contractor and the Company.

31. The validity period of the tenders shall be 90 (Ninty) days from the date of opening of price bid or revised price bid, if any.

The tenderer shall not, during the said period or within the period extended by mutual consent, revoke or cancel his tender or alter the tender or any terms/conditions thereof without consent in writing of the company. In case the tenderer violates to abide by this, the company will be entitled to forfeit the Earnest Money and reject the tender.

32. The Company reserves the right to postpone the date of receipt and opening of tenders or to cancel the tenders without assigning any reason whatsoever.

33. Deleted

34. This detailed Tender Notice shall be deemed to be part of the Contract Agreement/Work Order.

35.. No subletting of work as a whole by the contractor is permissible. Subletting of work in piece rated jobs is permissible with the prior approval of the department.

The Contract Agreement will specify major items of supply or services for which the contractor proposes to engage sub-contractor/sub-vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit proposals in this regard to the Engineer-in -Charge/Designated Officer in charge for approval well in advance so as not to impede the progress of work. Such approval of the Architect /Designated Officer / Designated Officer in Charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.

36. In case the contractor enters into any litigation, such action should have to be taken in a court of law with jurisdiction over the place where the subject work is to be executed.

9 SECTION-2

INSTRUCTIONS TO TENDERERS

37. The tenderer shall examine carefully all the tender documents consisting of: - Invitation to Tenderers. - Instructions to Tenderers. - Form of Agreement. - General and special conditions of contract. - Bill of quantities. - These shall form part of the Agreement.

The tenderer is advised to visit and inspect the site at his own cost and responsibility and to secure all necessary information which may be required for completing the tender. Ignorance of site conditions is an excuse for non-performance of the contract. All costs, charges and expenses that may be incurred by the tenderer in connections with the preparation of his tender shall be borne by him and the Employer/Architect does not accept any liability whatsoever in this regard.

38. Time is the essence of the contract and the tenderers are required to complete the work in all respects within the stipulated time of completion and hand over the same, complete in all respects to the satisfaction of the Architects.

39. The tender should contain not only the rates but also the Value of each item of work entered in the prescribed column of the B.O.Q. and all the items should be totalled up in order to show the aggregate value of the entire tender. The rates quoted by the tenderer should be expressed accurately both in words and figures so that there is no discrepancy.

All corrections in the tender shall be duly attested by initials of the tenderers. Corrections, if not attested, may entail rejection of tender. The rates quoted by the tenderers in words in item rate tender will be the basis (and not the amounts in case of discrepancies) in finalizing the tender.

40. It shall be clearly understood that the rates quoted in the tender are to be, for complete work at site, as per instructions to tenderers, conditions of contract, specifications and drawings, agenda referred to therein and also for all such works as are necessary for the proper completion of the contract, although specifications thereof may not have been made in the specifications or drawings or tender documents. The rates shall be firm and shall not be subject to cost escalation on account of labour and material and, labour conditions or any other reason whatsoever.

41.0 The tenderers shall use only the form issued with this tender to fill up the rates (FORM E).

42.0 Every page of the tender shall be signed and stamped and any tender not so complied with is liable to be treated as defective and liable to be rejected.

43.0 In the event of a tender being selected for acceptance, The Balmer Lawrie & Co. Ltd. will inform the tenderer of the specification and other documents for the acceptance with the tender. The tenderer of the successful tender shall also deposit the required amount of the security money within the prescribed time and if the tenderer fails to deposit the required amount of the security money within the prescribed period. The Company may reject the tender. 10 44 . The successful tenderer will be notified about the acceptance of his tender by the Company and he will have to deposit security amount and execute agreement within seven (7) days thereof , failing which his tender would be liable to rejection with forfeiture of the Earnest Money.

45. The contractor will be governed by the Indian contract Act, Indian sale of good Act and all other relevant laws, all payments due to the contractor under the contract will be made in Indian Rupee currency.

46. The rates quoted shall be for complete work at site and should be inclusive of incidentals necessary for carrying out the work. The rates shall be inclusive of sales Tax/ VAT applicable at U.P. for work contracts, Central or State sales Tax, octroi Duty, Royalty, ESI or any other tax or duty levied by any government or public bodies. The rates shall be firm and shall not be subject to cost escalation of labour and material and exchange variations, labour conditions or Tax Escalations and other conditions whatsoever.

47. A schedule of approximate quantities for various items accompanies this tender. It shall be clearly understood that neither the Architect nor the Company accept any responsibility for the correctness or completeness of this schedule in respect of items and quantities and this schedule is liable to alterations by omission, deduction or additions at the discretion of the The Company in consultation with the Architect without violating the terms of the contract.

48. The Company does not bind itself to accept the lowest or any tender or to assign any reason thereof and also reserves the right of accepting the whole or part of the tender. The part acceptance will not violate the terms and conditions of the contract and will execute the work at the specified rates without any extra charges or compensation.

49. Income tax & VAT deductions will be made as per the prevailing rates from the contractor's on account bills.

50. No mobilization advance or secured advance is to be forwarded to the contractor.

11 SECTION-3 ------FORWARDING LETTER ------

FROM= ......

TO : ......

......

REF......

DEAR SIR,

1. With reference to the tender invited by you, I/we hereby offer to perform, provide, execute and complete the works in conformity with conditions of contract, drawings and specifications for the respective items of schedule of quantities attached hereto.

2.I/we have satisfied myself/ourselves as to the location and prevailing conditions of the site, and have read carefully the articles of agreement, conditions of contract, specification, general and special conditions, Technical specifications, etc. and I/we understand that the works are to be completed within Four (4) Weeks from the date of commencement and fully understand that the time will be the essence of the contract.

3. I/we enclose a demand draft for Rs.10,000/- drawn on...... payable at DELHI in favour of BALMER LAWRIE & CO. LIMITED as earnest money and fully understand that this amount will not bear any interest.

4. I/we agree to keep the offer valid for 90 days from the date of opening the PRICE BID of the tender.

5. Should this tender be accepted in whole or in Part, I/we hereby agree to abide by and fulfil all the terms and conditions annexed hereto. If I/we fail to commence the work specified in tender documents, I/we agree that my/our earnest money shall stand forfeited absolutely to the Employer otherwise the said Earnest money shall be retained by the Employer towards security deposit (retention money). I/we also agree to the balance Retention money being deducted from my/our bills in accordance with the conditions of contract.

6. All the terms and conditions contained in the notice Inviting Tenders, Conditions of Tender, Special specifications, General specifications for execution of the work and additional conditions and the agreement etc. Constituting the tender documents have been fully read by me/us and explained to me/us and I/we hereby accept the same and sign hereunder in token of their acceptance.

7. We are further enclosing herewith the following documents:

i)Partnership Deed, Article of Association and Power of Attorney. We agree that no change will be made in these documents without prior approval of the Employer.

12 ii) Tender documents duly signed along with detailed programme and targets of completion of each item work.

iii) Details of deployment of manpower, machinery, plant and equipment.

iV) Demand draft no...... dated...... drawn

Name of the Partners/Directors of the firm 1) 2)

Yours faithfully,

Date:______

Witness:______Name& sign. of Tenderers (s) office stamp & seal of the Tenderers (s)

Address:______

Occupation:______

13 PROFORMA FOR EXECUTION OF AGREEMENT

ON NON JUDICAL STAMP PAPER.

This agreement is made on ………. day of …………….. between BALMER LAWRIE & CO. LTD. Scope Complex, Core-8, 4th Floor, Lodi Road, New Delhi; having its registered office at 21, Netaji Subhash Road, Kolkata (hereinafter called the ‘COMPANY’ which expression shall, unless repugnant to the subject or context, include its successors and assignees) of the one part and ……………………….. (Name of the Contractor) carrying on business as a (partnership/proprietorship/ Ltd. Co. etc.) firm under the name and style………………………… (hereinafter called the ‘said Contractor’ which expression shall, unless the context requires otherwise include them and their respective heirs, executors, administrators and legal representatives) of the other part.

Whereas the Company invited tenders for the work of TOTAL INTERIOR DECORATION AND FURNISHING WORKS AT NEW PREMISES SHOP No. 101, 1ST FLOOR, KUSHAL BAZAR, NEHRU , PLACE, NEW DELHI- and whereas the said Contractor/Firm submitted tender for the said work and deposited a sum of Rs.10,000/- as Earnest Money and whereas the tender of the said contract has been accepted by the Company for execution of the said work.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1) In this agreement words and expressions shall have the same meaning as are respectively assigned to them in the tender papers hereinafter referred to. 2) The following documents which are annexure to this agreement should be deemed to form and be read and construed as part of this agreement viz. i) Tender Notice ii) General terms & conditions. Special conditions and General technical specification iii) The probable Quantities and Amount iv) Negotiation letters iv) Letter of Acceptance/Work Order v) Drawings

3) In consideration for the payment of the sum of Rs…….……...... ( W/O Value; both in words and figures ) or such other sum as may be arrived at under the clause of the specification relating to Payment by items measurements at unit prices by the Company, the said Contractor shall, subject to the terms & condition contained herein execute and complete the work as described and to the extent of probable quantities as indicated in Schedule B with such variations by way of alteration, addition to or reduction from the said works.

4. The company has received a sum of Rs. ……………………………. only, towards Security Deposit in the form of Demand Draft/ Certified cheque/ B.G.

5. The said contractor hereby covenants with the company that the Company shall deduct at 10% of R/A Bills as Retention Money (2 nd part of Security Deposit) as per the terms and condition of the tender/ contract.

IN WITNESS WHEREOF THE parties herein have set their hands and seals the date and year above written.

1. Partner. Signature

2. Partner Signature

On behalf of M/S……………………………….. The Contractor, as one of the constituted attorney,

In the presence of – 1.Name ______Signature Address :

Occupation :

Signed by Sri ……………………………………...on behalf of Signature (Name of Company) in presence of -

Name : Signature

Address

15 SECTION – 4

SPECIAL CONDITIONS

1. On award of work, the successful bidder shall carry out work at the desired location of Shop No. 101, 1ST FLOOR, KUSHAL BAZAR, NEHRU PLACE, NEW DELHI.

2. The tenderer is expected to quote his rates after physical inspection of the work site.

3. After every work, the contractor must remove the debris beyond the premises and leave the place of work Clean.

4. All the scaffolding, ladders and such other structure, which the workmen are likely to use, shall be arranged by the contractor without any extra cost.

5. The Contractor shall at all times follow Rules/ Guidelines that are in force regarding Movement of Materials, Engagement of labour, Working Timings etc. for all repair/ renovation works involved in Interior, civil, Electrical, Fire fighting, Air Conditioning, Office Automation works in Shop No. 101, 1ST FLOOR, KUSHAL BAZAR, NEHRU PLACE, NEW DELHI- such as :

 List of workers of contractors before start of work  Prior Intimation for shut down while working on Main lines of Fire Fighting and HVAC System.  Obtaining Hot Job Permit from the relevant office for any kind of welding works.  The contractor is expected to familiarize himself to the same before quoting his rates and NO ADDITIONAL payments shall be made in this regard to the contractors.

6. The contractor shall at all time exercise reasonable precautions for the safety of employees and shall comply with all applicable provisions of Safety Laws drawn by the State Government or Central Government or Municipal Corporation to indemnify BALMER LAWRIE & CO. LTD. against any accident of the workmen deployed by the contractor for the completion of the job. The contractor shall be solely responsible for any lapse in this regard.

7. Contractor will have to perform the work in such a manner so that day-to-day office work may not suffer in any way. For proper progress of the work, he may have to work beyond office hours, on Saturday, Sunday and or Holidays.

8. The successful bidder is to make good/ replace all damages free of cost which may occur during execution of the work, to the properties of BALMER LAWRIE & CO. LTD / NEHRU PLACE, NEW DELHI.

16 SECTION-5

GENERAL TERMS & CONDITION.

1. DEFINATIONS

(1) i) The "Company” means the BALMER LAWRIE & CO LTD or any of its subsidiaries who will employ the contractor represented by the appropriate authority. ii) "Principal Employer" means the Balmer Lawrie & Co. Ltd or any of its subsidiaries or the officer nominated by the Company to function on its behalf. iii) The word "Contractor/ Contractors" wherever occurs means the successful tenderer/ tenderers who has/have deposited the necessary Earnest money and has/have been given written intimation about the acceptance of tender and shall include legal representative of such individual or persons composing a firm or a company or the successors and permitted assignees of such individual, firm or Company, as the case may be. iv) "Site" means the land and places including any building and erection thereon, over, under, in or through which the Permanent works or Temporary works designed by the Architect /Designated Officer are to be executed and any other lands and places provided by the Employer for working space or any other purpose as may be specifically designated in the Contract as forming part of the site. v) The term "Sub-Contractor" as employed herein, includes those having a direct contract with Contractor either on piece rate, item rate, time rate or any other basis and it includes one who furnishes work to a special design according to the plans or specifications of this work but does not include one who merely supplies materials. vi) "Accepting Authority" shall mean the management of the company and includes an authorized representative of the company or any other person or body of persons empowered in this behalf by the company. vii) "Designated Officer" shall mean the officer nominated by the company who is competent to direct supervisors and authorized to be in charge of the works for the purpose of this contract. The Designated Officer / Designated Officer In-Charge, who is of an appropriate seniority, will be responsible for supervising and administering the contract, certifying payments due to the contractor, valuing variations to the contract, awarding extension of time and valuing compensation events. The Designated Officer /Designated Officer in Charge may further appoint his representatives i.e. another person/Project Manager or any other competent person and notify to the contractor who is directly responsible for supervising the work being executed at the site, on his behalf under their Delegation of Powers of the company. However, overall responsibility, as far as the contract is concerned, will be that of the Designated Officer /Designated Officer in Charge. viii) The "Contract" shall mean the notice inviting tender, the tender as accepted by the Company, the work order issued to the contractor, and the formal contract agreement executed between the company and the contractor together with the documents referred to therein including general terms and conditions, special conditions, if any, scope of work, frozen terms & conditions/technical parameters/scope of work and revised offer, if any, specifications, drawings, including those to be submitted during progress of work, schedule of quantities with rates and amounts. 17 ix) A "Day" shall mean a day of 24 hours from midnight to midnight. x) The “Work" shall mean the works required to be executed in accordance with the contract/work order or parts thereof as the case may be and shall include all extra or additional, altered or substituted works or any work of emergent nature, which in the opinion of the Designated Officer, become necessary during the progress of the works to obviate any risk or accident or failure or become necessary for security. xi) "Schedule of Rates” referred to in this conditions shall mean the standard schedule of rates prescribed by the company and the amendments issued from time to time. xii) "Contract amount" shall mean: a) In the case of turnkey contracts the total sum for which tender is accepted by the company. b) In the case of other types of contracts the total sum arrived at based on the individual rates quoted by the tenderer for the various items shown in the "Schedule of Quantities" of the tender document as accepted by the Company with or without any alteration as the case may be. xiii) "Written notice" shall mean a notice or communication in writing and shall be deemed to have been duly served if delivered in persons to the individual or to a member of the contractors firm or to an office of the company for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. xiv) "The constructional plant" means all appliances, tools, plants or machinery or whatsoever nature required in or about the execution, completion or maintenance of the works but does not include materials or other things intended to form part of the permanent work. xv) "Letter of Acceptance of Tender" means letter giving intimation to the tenderer that his tender has been accepted in accordance with the provisions contained in that letter. xvi) "Act of insolvency" means as it is designed by Presidency Town Insolvency Act or Provincial Insolvency Act or any act amending such originals. xviii) The words indicating the singular only also include the plural and vice-versa where the context so requires.

2] The bidders are specifically advised to note that the Company normally would not carry out any negotiations except with such parties who is / are the lowest bidders originally. As such, it would be in the interest of the bidders to quote lowest possible rates.

The bidder would be required to confirm the negotiations in writing within the time stipulated. If the bidder fails to comply with this requirement, the Company reserves the right to evaluate his tender at its discretion on their original rates.

3] In case a conflict of interest is arisen between the bidder and the Company at any stage during finalization of order processing, the Company reserves the right to reject the bids of the concerned bidder.

4] In case of any dispute is arisen during validity of contract, the same will fall under the jurisdiction of DELHI Court. 18 5] Procedure of Arbitration ---

Any dispute or difference arising out of this Contract shall be referred for adjudication at Kolkata to a sole arbitrator to be appointed by the Chairman &Managing Director of Balmer Lawrie & Co Ltd. The fees of the arbitrator, if any, shall be shared equally by both the parties.

2. Contract Documents:

The following documents shall constitute the contract documents: i) Notice Inviting Tender/Detailed Tender Notice. ii) Articles of Agreement / Letter of Acceptance of Tender/ Work Order. iii) General Terms & Conditions of contract/ Commercial Terms & Conditions of contract. iv) Additional Terms & Conditions of contract, if any. v) Specifications. vi) Schedule of quantities (or Bill of Quantities)/ Schedule of work/ Scope of work. vii) Contract drawings and work programme. viii) Safety Code etc. forming part of the tender.

2.1 The contractor shall enter into and execute contract agreement in the prescribed form. The cost of the stamp papers for the contract agreement shall be borne by the contractor. Two sets of contract document/agreements shall be prepared and signed by both the parties One of the sets shall be stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the contractor free of cost and the original is to be retained by the company. For any additional copies required by the contractors the price to be charged would be that of the cost of the Tender Document (Application Fee).

All additional copies should be certified by the Designated Officer.

The contractor shall keep copy of these documents on the site/place of work in proper manner so that these are available for inspection at all reasonable times by the Designated Officer, his representatives or any other officials authorized by the company for the purpose.

2.2 The contract document shall not be used by the contractor for any purpose other than this contract and the contractor shall ensure that all persons employed for this contract strictly adhere to this and maintain secrecy, as required of such documents.

2.3. Abnormally High Rate (AHR) & Abnormally Low Rate (ALR) Items: Abnormally High Rates & Abnormally Low Rates, if quoted by the contractor, in item rate tenders will be identified & dealt with as under:

i) For identification of AHR & ALR items the ceiling of +/- 25% respectively, when compared with the updated estimated rate, will be considered.

ii) Variation in Quantity on quoted rate during execution for AHR & ALR items shall be permitted up to +/-25% ( +25% for AHR & -25% for ALR ) of the quantity provided for items of work below plinth level & +/- 5% of the quantity provided for items of work above plinth level respectively.

19 iii) Quantity variation beyond the limit mentioned at ii) above shall be dealt by arriving at new rate based on prevalent market rates of materials & labour analyzed as per standard analysis of rate of N.B.O./ C.P.W.D. Payment of extra quantity over the permitted quantity of +/-25% and +/-5%(as the case may be) would be made on the basis of the new analyzed rate.

iv) For identified abnormally low rate (ALR) items, the contractor will be required to deposit with the company the difference in amount calculated between the departmental justified rate multiplied by the quantity of a particular ALR item and the ALR rate quoted by the contractor multiplied by the quantity of the same item.

The total amount to be deposited will be the sum total of all the identified ALR items calculated as per the method outlined above.

The amount so retained will be refunded on successful completion of individual ALR items of work.

2.4 Acceptance of Offer:

Letter of Acceptance is an acceptance of offer by the company and it need not be accepted by the tenderer. But the tenderer should acknowledge the receipt of the order within 7 days of mailing of work order / OR Letter of Intent and any delay in acknowledging the receipt will be treated as a breach of contract and compensation for the loss caused by such breach will be declared by the company by forfeiting EMD.

3. Discrepancies in contract documents & Adjustments thereof:

The documents forming part of the contract are to be treated as mutually explanatory of one another and in case of discrepancy between schedule of quantity, the specifications and/or drawing, the following order of preference shall be observed; a) Description in Bill of Quantities of work. b) Particular specification and special conditions, if any c) Drawings. d) General specifications.

3.1 In the event of varying or conflicting provision in any of the document(s) forming part of the contract, the Accepting Authority's decision/clarification shall hold good with regard to the intention of the document or contract as the case may be.

3.2 Any error in description, quantity or rate in Bill of Quantities or any omission there from, shall not vitiate the contract or release the contractor from discharging his obligations under the contract including execution of work according to the Drawings and Specifications forming part of the particular contract document.

3.3 Any difference detected in the tender/ tenders submitted resulting from: a) Discrepancy between description in words and figures, the rate which corresponds worked out by the contractor shall be taken as correct. b) Discrepancy in the amount quoted by the contractor due to calculation mistake of the unit rate and quantity, the unit rate shall be regarded as firm and amount corrected.

20 c) When the amount of an item is not worked out by the contractor or it does not correspond with the rates written either in figures or words, then the rates quoted by the Contractor in words shall be taken as correct. d) In the case of percentage rate tender, the Contractors are required to quote their rates both in amount as well as in the percentage below/above the rates entered in the Schedule. In such cases in the event of Arithmetical error committed in amount by the contractor, the tender percentage and not the amount should be taken into account. e) Discrepancy in totaling or carry forward in the amount quoted by the contractor shall be corrected.

The tendered sum so corrected and altered shall be substituted for the sum originally tendered and considered for acceptance instead of the original sum quoted by the tenderer along-with other tender/tenders. Rounding off to the nearest rupee should be done in the final summary of the amount instead of in totals of various sections of the offer.

4 (a) Deleted

4 (b) Failure of the successful bidder to comply with the requirement as above shall constitute sufficient ground for cancellation of the award of work and forfeiture of the bid security.

4 (c) All running on account bills shall be paid at 90% (ninety percent) of work value. This 10% (ten percent) deduction will be made towards Retention Money.

4 (d) The Company shall be at liberty to deduct/appropriate from the security deposit such sums as are due and payable by the contractor to the company as may be determined in terms of the contract, and the amount appropriated from the security deposit shall have to be restored by further deduction from the contractors subsequent on account running bills, if any.

The refund of security deposit shall be subject to company's right to deduct/ appropriate its due against the contractor under this contract or under any other contract.

4 (e) On completion of the entire work and issue of defect liability certificate (taking over certificate with a list of defects) by the Architects/ Designated Officer, security deposit remaining with the company shall be refunded, subject to the following conditions: a) Any defect/defects in the work, if detected after issue of defect liability certificate is/are rectified to the satisfaction of the Designated Officer within the said period.

5. Deviations/Variations in Quantities and Pricing The quantities given in the "Schedule of Quantities" are based on estimates and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract.

5.1 The company through its Designated Officer or his representative shall, without radically changing the original scope and nature of the work, under contract, have power to make any alterations in or additions to or substitution of the original specifications, drawings, designs and instructions that may appear to be necessary or advisable during the progress of the work. 21 The contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by the Designated Officer or his representative on behalf of the company. Such altered or additional or substituted work, which shall form part of the original contract, shall be carried out by the contractor on the same terms and conditions in all respects on which they agreed to do the main work and at the same rate/rates as are specified in the contract/ work-order.

5.2 The right is reserved to cancel any items of work included in the contract agreement or portion thereof in any stage of execution if found necessary to the work and such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions thereof.

5.3 If the additional, altered or substituted work includes any class of work for which rate/rates is/are not specified in the contract/work order, rates for such items shall be determined by the Designated Officer, based on Architect’s recommendation, as follows: a) In case of item rate tenders, the rate for extra item shall be derived from the rate for similar item or near similar item of work available in the agreement schedule of work or by analysis of rates as at (c) below and the lower rate out of the above two shall be considered. b) In case the rate for extra item is to be derived by analysis of rate, the same shall be done by analysis on prevalent market rate of materials and labour based on standard norms of analysis of rate of N.B.O./C.P.W.D.

In case of any difference between the contractor and the Engineer-In Charge as to the fixation of rates, the matter shall be referred to the accepting authority of the company i.e. Staff Officer(C) for the work awarded at Company Head office level and Area level respectively, whose decision shall be final and binding on the contractor.

5.4 Payment for such deviated items (additional/ altered / substituted items of work or excess quantities of work beyond +/- 25% of the agreement schedule) shall be made in the contractors running on account bills, till the revised estimate regularizing these items are sanctioned by the competent authority of the company, at the provisional rates and shall not exceed : a) 75% of the rate recommended by the Architect to the accepting authority of the company, if the rate is directly available in the SOR of the company. b) 50% of the rate recommended by the Architect to the accepting authority of the company, if it is analyzed item rates based on prevalent market rates of materials and labour following NBO/CPWD norms.

5.5 The time for completion of the originally contracted work shall be extended by the company in the proportion that the additional work (in value) bears to the original contracted work (in value) plus 25% of the time calculated as explained above or such further additional time as may be considered reasonable by the Designated Officer .

5.6 The company through its Designated Officer or his representative, on behalf of the company, shall have power to omit any part of the work in case of non-availability of a portion of the site or for any other reason and the contractor shall be bound to carry out the rest of the work in accordance with the instructions given by the Designated Officer. No claim from the Contractor shall be entertained/ accepted on these grounds. 22 5.7 In the event of any deviation being ordered which in the opinion of the contractor changes radically the original scope/nature of the contract, the contractor shall under no circumstances suspend the work, either original or altered or substituted, and the dispute/disagreement as to the nature of deviation and the rate/rates to be paid for such deviations shall be resolved separately with the company as per the procedures/ norms laid down hereafter.

6. Time for Completion of Contract, Extension thereof, Defaults and Compensation for Delay.

Time is the essence of the contract and as such all works shall be completed within the time stipulated in the contract/ work order.

Immediately after the contract is executed/the work order is issued, the Designated Officer and the contractor shall agree upon a detailed time and progress chart prepared based on BAR CHART/ PERT CPM techniques on the basis of a construction schedule submitted by the contractor at the time of executing contract showing the order in which the work is proposed to be carried out within the time specified in the contract document/work order.

For the purpose of this detailed time and progress chart, the work shall be deemed to have commenced on the expiry of SEVENTH (7) day from the issue of Letter of Acceptance of Tender/Work Order or handing over the site of work or handing over reasonable number of working drawings to the contractor or the period of mobilization allowed in the work order for starting the work in special circumstances, whichever is later.

6.1 If the contractor, without reasonable cause or valid reasons, commits default in commencing the work within the aforesaid time limit, the company shall without prejudice to any other right or remedy, be at liberty, by giving 15 days notice in writing to the contractor to commence the work, to forfeit the Earnest Money deposited by him and to rescind the Letter of Acceptance of Tender/Work Order.

Additionally, the Company will reserve the right to debar such defaulting Contractors from participating in future Tenders.

6.2 If the contractor fails to maintain the required progress in terms of the agreed time and progress chart or to complete the work and clear the site on or before the contract or extended date of completion, he shall without prejudice to any other right or remedy available under the law to the company on account of such breach, pay as compensation (Liquidated Damages) @ One percent (1%) of the contract price per week of delay. The aggregate of such compensation/ compensations shall not exceed 10 (ten) percent of the total value as shown in the contract.

This will also apply to items or group of items for which separate period of completion has been specified. The amount of compensation may be adjusted or set off against any sum payable to the contractor under this or any other contract with the company.

6.2.1 The company, if satisfied, that the works can be completed by the contractor within a reasonable time after the specified time of completion, may allow further extension of time at its discretion with or without the levy of L.D. In the event of extension granted being with L.D, the company will be entitled without prejudice to any other right or remedy available in that behalf, to recover from the contractor as agreed damages equivalent to half percent of

23 the contract value of the works for each week or part of the week subject to a ceiling of 10% of the contract price.

6.2.2 The company, if not satisfied that the works can be completed by the contractor, and in the event of failure on the part of the contractor to complete work within further extension of time allowed as aforesaid, shall be entitled, without prejudice to any other right, or remedy available in that behalf, to rescind the contract.

6.2.3 The company, if not satisfied with the progress of the contract and in the event of failure of the contractor to recoup the delays in the mutually agreed time frame, shall be entitled to terminate the contract.

6.2.4 In the event of such termination of the contract as described in relevant clauses, the company, shall be entitled to recover L.D. up to ten percent (10%) of the contract value and forfeit the security deposit made by the contractor besides getting the work completed by other means at the risk and cost of the contractor.

6.3 a) The company may at its sole discretion, waive the payment of compensation on request received from the contractor indicating valid and acceptable reasons if the entire work is completed within the date as specified in the contract/work order or as validly extended date without stipulating any compensation for delay. or

b) If the progress of the work or of any portion of the work is unsatisfactory, the Designated Officer shall be entitled, after giving the contractor 15 days' notice in writing, to employ another Agency for executing the job or to carry out the work departmentally either wholly or partly debiting the contractor with the cost involved in engaging another Agency or the cost involved in executing the work departmentally, as the case may be. The certificate to be issued by the Engineer In-charge for the cost of the work so done shall be final and conclusive and the extra cost, if any, shall be borne by the contractor.

6.4 Extension of date of completion: On occurrences of any events causing delay as stated here-under, the contractor shall intimate immediately in writing to the Designated Officer . a) Force Majeure: i) Natural phenomena, including but not limited to abnormally bad weather, unprecedented flood and draught, earthquakes & epidemics. ii) Political upheaval, civil commotion, strikes, lockouts, acts of any Govt. (domestic/foreign) including but not limited to war, proprieties, quarantine embargoes

The successful bidder/ contractor will advise in the event of his having to resort to this clause by a registered letter duly certified by the local chamber of commerce or statutory authorities, the beginning and end of the cause of delay, within fifteen days of the occurrence and cessation of such Force Majeure condition.

In the event of delay due to Force Majeure for more than one month the contract may be terminated at the discretion of the company. Termination under such circumstances will be without any liability on either side. b) Serious loss or damage by fire

24 c) Non-availability of stores which are the responsibility of the company to supply as per contract d) Non-availability of working drawings in time, which are to be made available by the company as per contract during progress of the work e) Delay on the part of the contractors or tradesmen engaged by the company not forming part of the contract, holding up further progress of the work f) Non-availability or breakdown of tools and plant to be made available or made available by the company g) The execution of any modified or additional items of work or excess quantity of work. h) Any other causes which, at the sole discretion of the company, is beyond the control of the contractor.

6.4.1 A HINDRANCE REGISTER shall be maintained by both department and the contractor at site to record the various hindrances, as stated above, encountered during the course of execution.

Hindrance register will be signed by both the parties. The contractor may also record his observations in the Hindrance Register. In case the contractor has a different opinion for hindrance and a dispute arises then the matter would be referred to the Designated Officer and or the next higher authority whose decision would be final & binding on the contractor & the decision to be communicated within 15 days.

6.4.2 The contractor shall request the company in writing for extension of time within 15 days of happening of such event causing delay stating also, the period for which extension is required. The company may, considering the genuinity of the request, give a reasonable extension of time for completion of the work. Such extension shall be communicated to the contractor in writing by the company through the Designated Officer within 1(one) month of the date of receipt of such request.

6.4.3 The opinion of the Designated Officer, whether the grounds shown for the extension of time are or are not reasonable, is final. If the Designated Officer is of the opinion that the grounds shown by the contractor are not reasonable and declines to the grant of extension to time, the contractor can not challenge the soundness of the opinion by reference to arbitration.

The opinion of the Designated Officer that the period of extension granted by him is proper or necessary is not, however, final. If the contractor feels that the period of extension granted is inadequate he can appeal to the competent Authority of the company for consideration on the question whether the period of extension is or is not proper or necessary.

6.4.4 Provisional extension of time may also be granted by the Designated Officer during the course of execution, on written request for extension of time within 15(fifteen) days of happening of such events as stated above, reserving the company's right to impose/ waive penalty at the time of granting final extension of time as per contract agreement. 6.4.5 When the period fixed for the completion of the contract is about to expire, the question of extension of the contract may be considered at the instance of the Contractor or 25 the Department or of both. The extension will have to be by party's agreement, express or implied.

In case the contractor does not apply for grant of extension of time within 15(fifteen) days of the hindrance occurring in execution of the work and the department wants to continue with the work beyond the stipulated date of completion for reason of the work having been unavoidably hindered, the Designated Officer can grant extension of time even in the absence of application from the contractor.

Such extension of time granted by the Designated Officer is valid provided the contractor accepts the same either expressly or implied by his actions before and subsequent to the date of completion. Such extension of time shall be without prejudice to Company's right to levy compensation under the relevant clause of the contract.

The contractor shall however use his best efforts to prevent or make good the delay by putting his endeavours constantly as may be reasonably required of him to the satisfaction of the Designated Officer.

7. Material Supply & other facilities

7.1 The company does not undertake any responsibility for supply of any materials to the contractor.

7.2 All materials, tools and plants brought to site by the contractor shall be deemed to be held in lien by the company and the contractor shall not have the right to remove the same from the site, without the written permission of the Designated Officer. The company shall not however be liable for any loss, theft or damage due to fire or other cause during this period of lien, the responsibility for which shall lie entirely on the contractor.

7.3 The contractor shall bear the cost of loading, transportation to site, unloading, storing under cover as required etc. as may be necessary for the use and keeping the materials in good condition.

7.4 All charges on account of octroi, terminal or sales tax and other duties on materials obtained for the works from any source shall be borne by the contractor.

7.5 The contractor shall arrange necessary electricity at his own cost for the work and his own establishment. However, if available and feasible the company may arrange electricity at one point near the work site and necessary recovery of cost of energy consumed will be made at rates prescribed by the company from time to time. Energy meter for this purpose shall be provided by the contractor.

8. Quality Assurance - Materials and Workmanship

The contractor shall carry out and complete the work in every respect in accordance with the contract and shall ensure that the work conforms strictly to the drawings, specifications, instructions of the Architects /Designated Officer. The Designated Officer may issue, from time to time, further drawings, detailed instructions/ directions in writing to the contractor. All such drawings, instructions/directions shall be consistent with the contract documents and should be reasonably inferable there from, along with clarifications/ explanations thereof, if necessary.

26 8.1 For Quality Assurances of all the Civil Engineering Works the norms/ guidelines laid down by the company herein and elsewhere will form part of the contract for the purpose of quality of works. 8.2 The contractor shall be responsible for correct and complete execution of the work in a workman like manner with the materials as per specification which shall be subject to the approval of the company. All work under execution in pursuance of the contract shall be open to inspection and supervision by the Architects/Designated Officer or by his authorized representative or any other official of higher rank or any other person authorized by the company in his behalf & the contractor shall allow the same.

8.3 All materials to be provided by the contractor shall be in conformity with the specifications/ schedule of work as per the contract and the contractor shall furnish proof, if so required by the Architects /Designated Officer to his satisfaction that the materials do so comply.

8.4 The contractor shall immediately after the award of work, draw up a schedule giving dates for submission of samples as required or necessary as per the specification for approval of Designated Officer who shall approve, if found acceptable, promptly so that there is no delay in the progress of the work of the contractor or of the work of any of the sub-contractor. The contractor shall not start bringing materials at the site unless the respective samples are approved. Materials con-forming to approved samples shall only be brought to site.

8.5 The company, through the Designated Officer, based on Architect’s recommendations, shall have full powers to reject any materials or work due to a defect therein for not conforming to the required specification, or for materials not being of the required quality and standard or for reasons of poor workmanship or for not being in accordance with the sample approved by him. The contractor shall forthwith remedy the defect/replace the materials at his expense and no further work shall be done pending such rectification/replacement of materials, if so instructed by the Designated Officer.

In case of default on the part of the contractor, the Designated Officer shall be at liberty to procure the proper materials for replacement and/or to carry out the rectifications in any manner considered advisable under the circumstances and the entire cost & delay for such procurement/rectification shall be borne by the contractor.

8.6 The Designated Officer shall be entitled to have tests carried out for any materials, according to the standard practice followed for such tests, other then those for which satisfactory proof has already been furnished by the contractor who shall provide at his expense all facilities which the Designated Officer may require for the purpose.

The cost of any other tests, if so required by the Designated Officer , shall be borne by the contractor only, if the test shows the workmanship or materials not to be in accordance with the provision of the contract or the instruction of Designated Officer , but otherwise by the company.

8.7 Access to the works: The Designated Officer and any person authorized by the company shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles are being obtained for the works and the contractor shall afford every facility for and every assistance in or in obtaining the right to such access.

27 8.8 Inspection of works: i) No work shall be covered up or put out of view without the approval of the Designated Officer or the Designated Officer 's representative or any other officer nominated by the company for the purpose and the contractor shall afford full opportunity for the Designated Officer or the Designated Officer 's representative or any other officer nominated by the company for the purpose to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. the contractor shall give due notice to the Designated Officer 's representative whenever any such work or foundations is ready or about to be ready for examination and the Designated Officer 's representative shall, without unreasonable delay, unless he considers it unnecessary and advises the contractor accordingly, attend for the purpose of examining and measuring such work or foundations. ii) The contractor shall uncover any part or parts of the works or making openings in or through the same as the Designated Officer may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of Designated Officer .

If any such part or parts have been covered up or put out of view after compliance with the requirement of sub-clause above and are found to be executed in accordance with the contract, the expenses of uncovering, making openings in or through and making good the same shall be borne by the Employer, but in any other cases all costs shall be borne by the contractor.

8.9 Removal of Improper Work and Materials: i) The Designated Officer shall during the progress of the works have power to order in writing from time to time: a) The removal from the site, of any materials which in the opinion of Architects / Designated Officer , are not in accordance with the contract/ work order/ approved sample. b) The substitution with proper and suitable materials. c) The removal and proper re-execution, notwithstanding any previous test thereof or interim payment there-form, of any work which in respect of materials or workmanship is not in accordance with the contract. ii) In case of default on the part of the contractor in carrying out such order, the Designated Officer shall be entitled to employ and pay other agency to carry out the same and all expenses consequent thereon shall be recoverable from the contractor or may be deducted from any amount due or which may become due to the contractor.

8.10 Devaluation of Work : In lieu of rejecting work done or materials supplied not in conformity with the contract/work order/approved samples , the Designated Officer or any other officer nominated by the company for the purpose may allow such work or materials to remain, provided the Designated Officer / the officer nominated by the company is satisfied with the quality of any materials, or the strength and structural safety of the work, and in that case shall make such deduction for the difference in value, as in his opinion may be reasonable.

8.11 Final Inspection of Work: The Designated Officer and any other officer nominated by the company for the purpose shall make final inspection of all work included in the contract/work order, or any portion thereof, or any completed structure forming part of the work of the contract, as soon as practicable after notification by the contractor that the work is completed and ready for acceptance. If the work is not acceptable to the Designated

28 Officer at the time of such inspection, he shall inform the contractor in writing as to the particular defects to be remedied before final acceptance can be made.

8.12 Defects appearing after acceptance: Any defects which may appear within the defect liability period and arising, in the opinion of the Designated Officer, from lack of conformance with the drawings and specifications, shall, if so required by the Designated Officer in writing, be remedied by the contractor at his own cost within the time stipulated by the Designated Officer. If the contractor fails to comply, the Designated Officer may employ other persons to remedy the defects and recover the cost thereof from the dues of the contractor.

8.13 Site Order Book: A Site Order Book is a Register duly certified by the Designated Officer regarding number of pages it contains, each page being numbered, name of work, name of contractor, reference of contract/ work order and the aforesaid certificate should be recorded on its first page.

Site Order Books shall be maintained on the sites of works and should never be removed there from under any circumstances. It shall be the property of the company. The Designated Officer or his authorized representative shall duly record his observations regarding any work which needs action on the part of the contractor like, improvement in the quality of work, failure to adhere to the scheduled programme etc. as per contract/work order. The contractor shall promptly sign the site order book and note the orders given therein by the DESIGNATED OFFICER or his representative and comply with them. The compliance shall be reported by the contractor in writing to DESIGNATED OFFICER in time so that it can be checked.

The Site Order Book will be consulted by the Designated Officer at the time of making both running on account and final bills of the contractor. A certificate to this effect should be given in the Measurement books by the Designated Officer or his representative.

8.14 DELETED

8.15 Storage of Materials: Materials shall be so stored as to ensure the preservation of the quality and fitness for the work. When considered necessary by the Designated Officer, they shall be placed on wooden platforms or other hard, clean surfaces and not directly on the ground.

Materials shall be placed under cover when so directed and the contractor shall erect and maintain at his own cost temporary weather-proof sheds at the work site for the purpose. Stored materials shall be so located as to facilitate prompt inspection. All stored materials shall be inspected at the time of use in the work, even though they may have been inspected and approved before being placed in storage or during storage.

8.16 Defective Materials: All materials not conforming to the requirements of the specifications shall be considered as defective, and all such materials, whether in place or not shall be rejected. They shall be removed immediately by the contractor at his expenses and replaced with acceptable material.

No rejected material, the defects of which have been subsequently corrected, shall be used on the work until approval in writing has been given by the Designated Officer. Upon failure on the part of the contractor to comply with any instruction of the Designated Officer made under the provisions of this article within the time stipulated by the Designated Officer, the

29 Designated Officer shall have authority to remove and replace defective material and recover the cost of removal and replacement from the contractor.

Further, all such defective material lying at site not removed and replaced within 7 days after issue of notice by the Designated Officer, if the Designated Officer so decides, shall dispose off such material in any manner without any further written notice to the contractor.

9. Measurement and Payments

a) The Contractor shall be entitled for periodic Interim Certificates for work done of a minimum value as specified in Appendix hereto to be issued by the Architect/Consultant to the Contractor, and within stipulated number of days for ad hoc payment (if allowed) and for full settlement of the bill as indicated in appendix hereto, subject to work being executed in accordance with this Contract and reasonable scrutiny by the Company. The Retention at the given percentage rate of the value of certified work as indicated in the appendix subject to the specified limit shall be deducted from running bills. The Contractor shall be entitled under the Certificate to be issued by the Architect/Consultant, to receive payment of 50% of the total retention amount (deducted from all the running account payments) and 100% security amount (2% of the contract amount collected on award of the contract) after virtual completion and balance 50% of the retention amount at the end of the defects liability period, provided the defects are made good, according to the true intent and meaning hereof after due completion of work. Should any decorative works or painting be deferred on the Instruction of the Architect/Consultant under the relevant “Clause For "Suspension of Works", payments for such decorative work or painting shall be made up to the stipulated percentage on completion and the balance at the expiration of 6 months from that date. Provided always that the issue by the Architect/ Consultant of any certificate during the progress of the works or after their completion shall not have effect as a Certificate of satisfaction or relieve the Contractor from his liability under the clause “Defects after Completion” and within the extent and period provided by the Statute of Limitations.

b)The Architect/Consultant shall have the powers to withhold any Certificate if the works or any part thereof is not carried out to his satisfaction.

c)The Architect/Consultant may by any Certificate make any correction in any previous certificates, which shall have been issued by him. In the event if it comes to the Company’s notice any omission or corrections required in bill certified by Architect/Consultant, the Company shall effect necessary corrections and the contractor shall be bound to accept the same. This certificate is particularly essential for settlement and payment of the Final Bill.

d) The Contractor shall submit interim bills only after working out the appropriate measurements jointly recorded with Architect/Consultant at site in a register and showing the register to Architect/Consultant. This is not only to regulate the correctness of the quantity but also to facilitate expeditious clearing of the bills. The bills shall be submitted in the following proforma.

30 As per tender Previous Up-to-Date Remarks Bills Bills Tender Brief Qty Rate/unit Qty Unit Qty Unit Amt. Item No. Description Unit Rs. / Unit

Note: If any part/reduced rate is proposed by the Contractor (recommended by Architect/Consultant) the same should be brought out in the remarks column along with reasons. e) The Company may carry out test checking of measurement as and when required. f)DELETED g) The final bill shall be submitted by the Contractor within One month of Virtual Completion Certificate received by the Contractor duly endorsed by the Architect/Consultant and the Architect, and such bill shall be settled and certified for payment by the Architect/Consultant within four weeks of the receipt of the Certificate of payment from the Architect/Consultant. h) Payments upon the Architect/Consultant’s Interim certificate shall be made within a period mentioned in the appendix as “Period of Honoring of Interim Certificates” after such Certificates have been received and accepted by the Company. The Company shall make payment upon the Architect/Consultant’s Final Certificate within a period of Four weeks from the date of its receipt and acceptance of the certificate. i) Contractor shall, without fail, submit along with his R.A. Bills/ Final Bills test certificates as specified. j) Running Account Bills (R.A.Bills)/Final Bill received without the test certificates duly approved by Architect/Consultant shall be returned to the Contractor for the reason of the same being not submitted duly.

Ad hoc payment for INTERIM BILLS:

No Ad hoc payment will be paid to the Contractor on interim bills unless expressly agreed by the Company.

CERTIFICATE FOR PAYMENT TO CONTRACTOR:

The Contractor’s bills will be submitted to the Company through the Architect/Consultant for payment as per proforma enclosed for Interim Bill Certificate and final Certificate. The Architect/Consultant in confirmation that the work has been carried out satisfactorily as per detailed drawings and specifications will endorse and certify the bill.

1.1.2.CERTIFICATE OF VIRTUAL COMPLETION OF WORKS: 31 a) The Contractor shall report in writing to the Architect/Consultant, in the form of a Certificate as per Proforma ‘D’ annexed hereto as and when the works are completed in all respects. The Architect/Consultant shall after the verification of the works and in Consultation with Bank issue to the Contractor a certificate to be called “Virtual Completion Certificate”, a copy whereof shall be submitted to the Bank to enable them to take possession of the completed works.

b) The works shall not be considered as completed till the Architect certifies in writing that all the work including those mentioned in the snag list prepared jointly with Architect/Consultant/Company prior to the acceptance of the Virtual Completion. The defect liability period shall commence only from the date of issue of such certificate.

10. Termination, Cancellation, Suspension and Foreclosure of Contract

The company shall, in addition to other remedial steps to be taken as provided in the conditions of contract be entitled to cancel the contract in full or in part, if the contractor :- a) makes default in proceeding with the works with due diligence and continues to do so even after a notice in writing from the Designated Officer , then on the expiry of the period as specified in the notice Or b) commits default/breach in complying with any of the terms and conditions of the contract and does not remedy it or fails to take effective steps for the remedy to the satisfaction of the Designated Officer , then on the expiry of the period as may be specified by the Designated Officer in a notice in writing. Or c) obtains a contract with the company as a result of ring tendering or other non-bonafide methods of competitive tendering Or d) shall offer or give or agree to give any person in the service of the company or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for act/acts of favour in relation to the obtaining or execution of this or any other contract for his company. Or e) fails to complete the work or items of work with individual dates of completion, on or before the date/dates of completion or as extended by the company, then on the expiry of the period as may be specified by the Designated Officer in a notice in writing. Or f) transfers, sublets, assigns the entire work or any portion thereof without the prior approval in writing from the Designated Officer . The Designated Officer may by giving a written notice, cancel the whole contract or portion of it in default.

10.1 The contract shall also stand terminated under any of the following circumstances:

a) If the contractor being an individual in the case of proprietary concern or in the case of a partnership firm any of its partners is declared insolvent under the provisions of Insolvency Act for the time being in force, or makes any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors amounting to proceedings for liquidation or composition under any Insolvency Act.

32 b) In the case of the contractor being a company, its affairs are under liquidation either by a resolution passed by the contractors company or by an order of court, not being a voluntary liquidation proceedings for the purpose of amalgamation or re-organization, or a receiver or manager is appointed by the court on the application by the debenture holders of the contractor's company, if any.

c) If the contractor shall suffer an execution being levied on his/their goods, estates and allow it to be continued for a period of 21 (twenty-one) days.

d) On the death of the contractor being a proprietary concern or of any of the partners in the case of a partnership concern and the company is not satisfied that the legal representative of the deceased proprietor or the other surviving partners of the partnership concern are capable of carrying out and completing the contract. The decision of the company in this respect shall be final and binding which is to be intimated in writing to the legal representative or to the partnership concern.

10.2 On cancellation of the contract or on termination of the contract, the Designated Officer shall have powers:

a) to take possession of the site and any materials, constructional plant, equipments, stores etc. thereon.

b) to carry out the incomplete work by any means at the risk and cost of the contractor.

c) to determine the amount to be recovered from the contractor for completing the remaining work or in the event the remaining work is not to be completed the loss/damage suffered, if any, by the company after giving credit for the value of the work executed by the contractor up to the time of cancellation less on a/c payments made till date and value of contractor's materials, plant, equipments, etc. taken possession of after cancellation.

d) to recover the amount determined as above, if any, from any money due to the contractor on any account or under any other contract and in the event of any shortfall, the contractor shall be called upon to pay the same on demand. The need for determination of the amount of recovery of any extra cost/expenditure or of any loss/damage suffered by the company shall not however arise in the case of termination of the contract for death/demise of the contractor as stated in clause 10.1(d) of the contract.

e) to give the contractor or his representative of the work 7 (seven) days notice in writing for taking final measurement for the works executed till the date of cancellation or termination of the contract. The Designated Officer shall fix the time for taking such final measurement and intimate the contractor in writing. The final measurement shall be carried out at the said appointed time notwithstanding whether the contractor is present or not. Any claim as regards measurement which the contractor is to make shall be made in writing within 7 (seven) days of taking final measurement by Designated Officer as aforesaid and if no such claim is received, the contractor shall be deemed to have waived all claims regarding above measurements and any claim made thereafter shall not be entertained.

10.3 Suspension of Work:

33 i) The company shall have power to suspend the work or any part thereof and the Designated Officer may direct the contractor in writing to suspend the work, for such period and in such manner as may be specified therein, on account of any default on the part of the contractor, or for proper execution of the work for reasons other than any default on part of the contractor, or on ground of safety of the work. ii) In the event of suspension for reasons other than any default on the part of the contractor, extension of time shall be allowed by the company equal to the period of such suspension and the contractor shall properly protect and secure the works to the extent necessary during such suspension.

The contractor shall carry out the instructions given in this respect by the Architects / Designated Officer & if such suspension exceeds 45 (forty five) days, the contractor will be compensated on mutually agreed terms.

10.4 The work shall, throughout the stipulated period of contract, be carried out with all due diligence on the part of the contractor. In the event of termination or suspension of the contract, on account of default on the part of the contractor, as narrated hereinbefore, the security deposit and other dues of this work or any other work done under this company shall be forfeited and brought under the absolute disposal of the company provided, that the amount so forfeited shall not exceed 10 (ten) percent of the contract value.

10.5 Foreclosure of contract:

If at any time after acceptance of the tender the company decides to abandon for any reason whatsoever the company, through its Designated Officer, shall give notice in writing to that effect to the contractor. In the event of abandonment the company shall be liable :- a) to pay reasonable amount assessed and certified by the Designated Officer of the expenditure incurred, if any, by the contractor on preliminary works at site e.g. temporary access roads, temporary construction for labour and staff quarters, office accommodation, storage of materials, water storage tanks and water supply for the work including supply to labour/ staff quarters, office etc. b) to pay the contractor at the contract rates full amount for works executed and measured at site up to the date of such abandonment.

c) to pay for the materials brought to site or to be delivered at site, which the contractor is legally liable to pay, for the purpose of consumption in works carried out or were to be carried out but for the foreclosure, including the cost of purchase and transportation and cost of delivery of such materials. The materials to be taken over by the company should be in good condition and the company may allow at its discretion the contractor to retain the materials in full or in part if so desired by him and to be transported by the contractor from site to his place at his own cost with due permission of the DESIGNATED OFFICER .

10.5.01 The contractor shall, if required by the Designated Officer , furnish to him books of accounts, papers, relevant documents as may be necessary to enable the Designated Officer to assess the amounts payable in terms of clauses 10.5(b) and (c) of the contract. The contractor shall not have any claim for compensation for abandonment of the work, other than those as specified above.

34 11. Completion Certificate / Defect Liability Certificate

Except in cases where the contract provides for "Performance Test" before issue of Defect Liability certificate, in which case the issue of Defect Liability certificate shall be in accordance with the procedure specified therein, the contractor shall give notice of completion of work, as soon as the work is completed, to the Designated Officer . The Designated Officer and or any other Officer, nominated for the purpose by the company, shall within 30 (thirty) days from the receipt thereof, inspect the work and ascertain the defects/deficiencies, if any, to be rectified by the contractor as also the items, if any, for which payment shall be made at reduced rate.

If the defects, according to the Designated Officer are of a major nature and the rectification of which is necessary for the satisfactory performance of the contract, he shall intimate in writing the defects and instruct the contractor to rectify the defects/remove deficiencies within the period and in the manner to be specified therein. In such cases Defect Liability Certificate will be issued by the DESIGNATED OFFICER after the above rectifications are carried out/ deficiencies are removed by the contractor to the satisfaction of DESIGNATED OFFICER .

In the event there are no defects or the defects/ deficiencies are of a minor nature and the Designated Officer is satisfied that the contractor has already made arrangements for rectification, or in the event of contractor's failure to rectify the defects for any reason whatsoever, the defects can be rectified by the company departmentally or by other means and the 50% of the security deposit of the contractor shall be sufficient to cover the cost thereof, he shall issue the Defect Liability Certificate ( Taking Over Certificate with list of defects )indicating the date of completion of the work, defects to be rectified, if any, and the items, if any, for which payment shall be made at reduced rate indicating reasons thereof and with necessary instructions to the contractor to clear the site/place of work or all debris/ waste materials, scaffoldings, sheds, surplus materials etc. making it clean.

Refund of security deposit and payment of final bill shall, however, be made on completion of the entire contract work.

12. Additional Responsibilities of the Contractor(s)

The cost on account of the "Additional Responsibilities of the Contractors" under this clause is deemed to be included in the tendered rates. i) The company reserves the right to let other contractors also works in connection with the Project and the contractor/contractors shall co-operate in the works for the introduction and stores and materials and execution of his/their works. ii) The contractor/contractors shall keep on the work site during the progress a competent and experienced Resident Engineer exclusively for the work and necessary assistants who shall represent the contractor(s).

The contractor shall intimate the Designated Officer in writing the names, qualifications, experience and full postal address of each and every technical personnel employed at site by him.

The contractor(s) shall not be allowed to execute the work unless he/they engage the required technical staff at site as stated above. The delay on this account, if any, shall be the contractor's responsibility. 35

Important instructions shall be confirmed to the contractor(s) in writing. If the contractor/contractors in course of the works finds/find any discrepancy between the drawing, forming part of the contract documents and the physical conditions of the locality or any errors or omissions in drawings except those prepared by himself / themselves and not approved by the Designated Officer . It shall be his/their duty to immediately inform the Designated Officer in writing and the Designated Officer shall verify the same. Any work done after such discovery and without intimation as indicated above will be done at the risk of the contractor/contractors. iii) The contractor / contractors shall employ only competent, skilful and orderly men to do the work. The Designated Officer shall have the right to ask the contractor/ contractors to remove from the work site any men of the contractor/contractors who in his opinion is undesirable and the contractor/contractors will have to remove him within 3 (three) hours of such orders.

The contractor shall further be responsible for making arrangements at his own cost, or accommodation and social needs of the staff and workers under his employment. iv) Precautions shall be exercised at all times by the contractor(s) for the protection of persons (including employees) and property. The safety required or recommended by all applicable laws, codes, statutes and regulations shall be observed by the contractor(s).In case of accidents, the contractor(s) shall be responsible for compliance with all the requirements imposed by the Workmen's Compensation Act or any other similar laws in force, and the contractor(s) shall indemnify the company against any claim on this account.

All scaffoldings, ladders and such other structures which the workmen are likely to use shall be examined by the Designated Officer or his authorized representative whenever they want and the structure must be strong, durable, and safe and of such design as required by Designated Officer .

In no case any structure condemned by the Designated Officer or his authorized representatives shall be kept on the work and such structure must be pulled down within three hours of such condemnation and any certificate or instructions, however, shall in no way absolve the contractor/contractors from his/their responsibility, as an employer, as the company shall in no way be responsible for any claim.

The contractor / contractors shall at all times exercises reasonable precautions for the safety of employees in the performance of his/their contract and shall comply with all applicable provisions of the safety laws drawn up by the State Govt. or Central Govt. or Municipalities and other authorities in India. The contractor/contractors shall comply with the provision of the safety hand book as approved and amended from time to time by the Government of India. v) The contractor / contractors shall familiarize themselves with and be governed by all laws and rules of India and Local statutes and orders and regulations applicable to his/ their work. vi) The contractor shall maintain all records as per the provision made in the various statutes including Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour (Regulation & Abolition) Central Rules,1971, Minimum Wages Act, Workmen Compensation Act etc. and latest amendment thereof. Such records maintained by the

36 contractor shall be opened for inspection by the Designated Officer or by the nominated representative of the Principal Employer. vii) The contractor/ contractors shall provide facilities for the sanitary necessities of all persons employed on the work shall be constructed and maintained in the number, manner and place approved or ordered by the Designated Officer. The contractor/contractors shall vigorously prohibit committing of nuisance at any other place. Cost of all works under this item shall be covered by the contractor/contractor's tendered rates. viii) The contractor/contractors shall furnish to the Designated Officer or his authorized representative with work reports from time to time regarding the contractor / contractors organization and the progress made by him / them in the execution of the work as per the contract. ix) All taxes and other levies, Cess, Royalties, whether local, municipal, provincial or central, pertaining to the contract, are payable, during the entire period of contract, shall be to the contractor/contractors account and shall be deemed to have been included in the contracted rate for the work to be executed by the contractor. All incidentals, overheads, etc. as may be attendant upon execution and completion of works shall also be included in the rates, prices and total bid price submitted by the bidder. The company shall not be liable for any taxes or levies etc. whatsoever in connection with this contract.

The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to deal with such amount in terms of the provisions of the Statute or in terms of the direction of any Statutory authority and the company shall only provide with certificate towards such deduction and shall not be responsible for any reason whatsoever. x) The contractor / contractors shall make his / their own arrangement for all materials, tools, staff and labourer required for the contract, which shall include cost of lead, lift, loading, unloading, railway freight, recruiting expenses and any other charges for the completion of the work to entire satisfaction of the company. xi) The contractor / contractors shall make their own arrangement for carriage of all materials to the work site at his/their own cost. xii) The work shall not be sublet to any other party, unless approved by Designated Officer, in writing. xiii) The contractor / contractors shall not pay less than the minimum wages to the labourers engaged by him/them as per Minimum Wages Act or such other legislation or award of the minimum wage fixed by the respective State Govt. or Central Govt. as may be in force. xiv) All accounts shall be maintained properly and the company shall have the right of access and inspection of all such books of accounts etc., relating to payment of labourer considered necessary and the company may arrange for witnessing the payment to the labourer by its representatives. xv) The contractor shall in additions to any indemnity provided by the relevant clauses of the agreement or by law, indemnify and keep indemnified for the following : a) The company or any agent or employee of the company against any action, claim or proceeding relating to infringement or use of any patent or design right and shall pay any

37 royalties or other charges which may be payable in respect of any article or material included in the contract.

However, the amount so paid shall be reimbursed by the company in the event such infringement has taken place in complying with the specific directions issued by the company or the use of such article or material was the result of any drawing and/or specifications issued by the company after submission of tender by the contractor. The contractor must notify immediately after any claim being made or any action brought against the company, or any agent or employee of company in respect of any such matter. b) The company against all claims, damages or compensation under the provisions of payment of Wages Act, 1938, Minimum Wages Act, 1948, Employer's Liability Act, 1938, The Workmen's Compensation Act, 1923, Industrial Dispute Act, 1947, Mines Act as applicable, Employees State Insurance Act 1948 and Maternity Benefit Act, 1961, Acts regulating P.F. or any modification thereof or any other law relating thereto and rules made there under from time to time, as may be applicable to the contract which may arise out of or in consequence of the construction or maintenance or performance of the work under the contract and also against costs, charges and expenses of any suit, action or proceedings arising out of any accident or injury. c) The company against all losses and claims for injuries or damages to any third party or to any property belonging to any third party which may arise out of or in consequence of the construction or maintenance or performance of the work under the contract and against all claims/demands proceedings/damages, cost charges and expenses whatsoever in respect of or in relation thereto.

xvi) The contractor is under obligation to hand over to the company the vacant possession of the completed building structures failing which the Designated Officer can impose a levy upon the contractor up-to 5% of the total contract value for the delay in handing over the vacant possession of the completed works after giving a 15 (fifteen) days notice to the contractor.

13. Insurance for works:

The contractor at the time of signing the contract or before commencing the Execution of work, without limiting his obligations and responsibilities shall insure the works at his own cost and keep them insured until the virtual completion of the contract against all acts of God including Fire, Theft, Riots, War, Floods, Act, with a Nationalised Insurance Agency in the joint names of the Company and the contractor (The name of the former being placed first in the policy) for the full amount of the contract. Such policy shall cover the property of the Company and fees for assessing the claim and in connection with his services generally therein shall not cover any property of the contractor or of any sub-contractor or Employee. The contractor shall deposit the policy and receipt for the premiums with the Employer within seven (7) days, from the date of signing of the contract/commencement of the execution of the work. In default of the contractor insuring as provided above, the Employer, on his behalf, may so insure and may deduct the premium paid from any moneys due or which may become due to the contractor. The contractor shall, as soon as any claim under the policy is settled or the work reinstated by the Insurance office, proceed with all due diligence with the completion of the works in the same manner as through the misfortune /accident has not occurred and in all respects under the same conditions of the contract. The contractor in case of rebuilding or reinstatement after accident shall be entitled to such extension of time for completion as the Employer deems fit.

38 14. INSURANCE IN RESPECT OF DAMAGE TO PERSONS AND PROPERTY: i) The contractor shall be responsible for all injury to persons, animals or things and for all structural and decorative damage to property which may arise from the operation or neglect of himself or of any approved sub-contractor's or Employees, whether such injury or damage arise from carelessness, accident or any other cause whatsoever in any way connected with the carrying out of this contract. The clause shall be held to include any damage to roads, streets, foot paths, bridges and works forming the subject of this contract by frost or other inclemency of the weather. The contractor shall indemnify the Company and hold him harmless in respect of all and any expenses arising from any such injury or damage under any Acts of Government or otherwise and also in respect of any compensation of damages consequent upon such claims. ii) The contractor shall reinstate all damages of every sort mentioned in this clause, so as to deliver up the whole of the contract works complete and perfect in every respect and so as to make good or otherwise satisfy all claims for damage to the property of third parties. iii) The contractor shall indemnify the Employer against all claims which may be made against the Employer by any member of the public or other third party in respect of works in consequence thereof and shall at his own expense arrange to effect and maintain, until the virtual completion of the contract, with any Nationalized Insurance agency in the joint name of the Company and the contractor against such risks and deposit such policy or policies with the Employer from time to time during the currency of this contract. The contractor shall similarly indemnify the Employer against all claims which may be made upon the Company whether under the workman's compensation Act or any other statute in force during the currency of this contract or at common law in respect of any employee of the contractor or any sub-contractor and shall at his own expense effect and maintain with an approved office a policy of insurance in the joint names of the Company and the contractor against such risks and deposit such policy or policies with the Company from time to time during the currency of the contract. The contractor shall be responsible for anything which may be excluded from the insurance policies above referred to and also for all other damages to any property arising out of and incidental to the negligent or defective carrying out of this contract. He shall also indemnify the Company in respect of any costs, charges, or expenses arising out of any claim or proceedings and also in respect of any award of or compensation of damages arising therefrom. iv) The Company shall be at liberty and is empowered to deduct the amount of any damage, compensation cost, charges and expenses arising or occurring from or in respect of any such claim or damage from any sum or sums due to or become due to the contractor including the security deposit. v) If the contractor fails to comply with the terms of these conditions, the company may insure the works and may deduct the amount of the premiums paid from any moneys that may be or become payable to the contractor or may at the opinion, not release running payment to the contractor shall have completed with the terms of this condition. vi) Such insurance, whether effected by the Company or the contractor will not limit or bar the liability and obligations of the contractor to deliver the works to the Company completed in all respects according to the contract. In case of loss or damage due to any of the aforesaid causes, the moneys payable under any such insurance shall be received and retained by the company until the works are finally completed and such moneys shall then be credited to the contractor in final settlement of accounts.

39 15. SETTING OUTS:

The contractor shall be responsible for the true and proper setting out of the works in relation to the original points, lines and levels of reference given by the company /Architect in writing and for correctness subject as above mentioned of all the positions, levels, dimensions and alignments of all parts of the work and for the provision of all necessary instruments, appliances and labour in connection therewith. If at any time during the progress of the work, the contractor on being required to do so by the Engineer shall at once rectify such errors to the satisfaction of Company / Architect or their representatives. The checking of any setting out or line or level by the Architect or their representatives shall not in any way relieve the contractor of his responsibility for the correctness thereof and the contractor shall carefully protect and preserve all bench marks, site burjies etc. used in setting out all the work.

The contractor shall, in connection with works, provide and maintain, at his own cost, all lights, security guards, fencing when and where necessary as required by the Designated Officer for the purpose of protection of the works, materials at site, safety of workmen and convenience of the public.

16. Defects Liability Period:

In addition to the defect/s to be rectified by the contractor as per terms of the contract/ work order, the contractor shall be responsible to make good and remedy at his own expense the defect/s mentioned hereunder within such period as may be stipulated by the Designated Officer in writing: a) Any defect/defects in the work detected by the Designated Officer within a period of 6 (six) months from the date of issue of Defect Liability certificate / completion certificate.

16.1 A programme shall be drawn by the contractor and the Designated Officer for carrying out the defects by the contractor detected within the defect liability period and if the contractor fails to adhere to this programme, the Designated Officer shall be at liberty to procure proper materials and carry out the rectifications in any manner considered advisable under the circumstances and the cost of such procurement of materials and rectification work shall be chargeable to the contractor and recoverable from any of the pending dues of the contractors.

The defect liability period can be extended by the company on getting request from the contractor only for valid reasons.

17. Operating and Maintenance Manual:

If “as built” drawings and/or Operating and Maintenance Manual are required the contractor shall supply them by the dates as per instruction of the Architect/ Designated Officer.

If the contractor does not supply the drawings and/or Manual by the dates as stated above, or they do not receive the Nodal Officer or his nominee’s approval, the Nodal Officer or his nominee shall withhold the amount as stated in the agreement.

18. Deleted

19. EXTENT OF CONTRACT 40

The contractor shall supply at his own cost all materials instruments, ladders, cordage, tackle, scaffolding, and temporary works required for the proper execution of the work whether original, altered or substituted and whether included in the specifications or other documents forming part of the contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying of conditions he is entitled to be satisfied, which he is entitled to require together with carriage, therefore to and from the works. The contractor shall also supply survey instruments and other materials necessary for the purpose of setting out works, and counting weighing and assisting to the measurement or examination at any time and from time to time of the work material, failing his so doing the same may be provided by the Designated Officer at the expenses may be deducted from any money due to the contractor, under the contract from his security deposit or the proceeds of sale thereof. The contractor shall also provide a sufficient portion of fencing the lights required to protect the public from accident, and shall be bound to bear the expenses of neglect of the above precautions, and to pay any damages and costs which may be awarded in any such suit, action or proceedings to any such person or which may with the consent of the contractor be paid to compromise any claim by any such person. In no case, the Employer shall be as a party to any such claim/claims and the contractor shall indemnify the Employer against any claim for any person on this account.

20. SUFFICIENCY OF TENDER

The contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the work and of his prices for the work and of his prices stated in the schedule, which shall, except in so far as it is otherwise provided in the contract, cover all his obligations under the contract and all matters and things necessary for the proper completion and maintenance of the work.

21. ASSIGNMENT OF SUB LETTING OF CONTRACT

The contractor shall not assign the contract or any part thereof or any benefit or interest therein or there under or any claim arising out of the contract to any other party without the prior written consent of the Employer.

STECHNICAL SPECIFICATIONS 41 GENERAL

This specification is for work to be done, item to the supplied and materials to be used in the works as shown and defined the drawings and described herein, all under the supervision and to the satisfaction of the Architects/Employer.

SECTION ‘A’ MATERIAL AND WORKMANSHIP

1. All Materials brought on site of works and meant to be used in the same shall be the best of their respective kinds and to the approval to the architects/Employer.

2. Samples of all materials shall be got approved by the Architects/Company and shall be deposited with him before the order for the material is placed with the suppliers. The material brought on the works shall confirm in every respective with approved samples.

3. The contractors shall check each fresh consignment of materials as it is brought on the site of the works, to see that they confirm in all respects to the satisfactions and/or samples approved by the Architects.

4. The Architects/Company will have the option to have any of, the materials tested to find whether they are in accordance with the satisfaction and the contractor will bear all expenses in that connection. All bills, vouchers and test certificates which, in the opinion of the Architects/Company or the representative, as necessary to convince him as to the quality of the materials of their suitability shall be produced for his inspection on requisition Testing charges, if any shall have to be borne by the contractor.

5. Any material that have not been found to confirm to the specification will be rejected forthwith and shall be removed from the site by the contractors within 48 hours at their own cost.

6. The Architect/Employer shall have power to cause the contractors to purchase and use such materials, from any particular source, as may in his opinion be necessary for the proper execution of the work.

7. Workmanship: All works shall be to level plumb and square comers, edges and arises in all cases shall be unbroken and finished neat.

8. Skilled mistries for the respective trades shall be employed by the contractors to check to the work in progress and to instruct and extract the right kind of workmanship from the men employed on the works Instructions given to such mistries by the architect or his representative shall be carried out with a view to get the work executed in a neat and workman like manner according to these specification.

9. The Architect/Company may order the inspection any finished work as he chooses and in a manner he decides, and the contractors shall bear all expenses in the connection. If the results of such inspection prove that the workmanship is not of the standard required, the work will be rejected and removed forthwith and he replaced by works of the accepted standard of quality.

2.11 HARDWARE & METALS: 42 2.12 Tables side units back units consoles or other articles as per schedule of quantities shall be deemed to be inclusive of all the hardware required e.g. locks, sliding channels handles / knobs, bolts screws PVC buffers for the legs of sofas chairs tables etc. as per instructions of Designated Officer .

2.13. Screws are to match the finish of the articles to be fixed and to be round or flat headed or counter sunk as required.

2.14 The contractor should cover up and protect the brass and bronze surfaces with a thick grease or other suitable protective materials renew as necessary and subsequently clean off and clear away join completion.

2.15 Aluminium and stainless steel shall be of approved manufacturer and suitable for its particular application. Generally, surface of aluminum shall have an iodized finish or powder coated finish and both shall comply with the samples approved by the Architects/Employer All stainless steel sheets shall be 304 S.S. Japan or equivalent with gauge as specified but not thinner than 16 gauge. All exposed steel surfaces shall also have powder coated finish.

2.16 All steel, brass, bronze, aluminum and stainless steel articles shall be subjected to a reasonable test for strength if so required by the Architect /Employer at the contractor’s expense.

2.17 All branching and welding are to be executed in a clean and smooth manner rubbed down and left in the flattest and tidiest way, particularly where exposed.

2.18 Chromium plating shall be in accordance with IS standard or as per approved specification for normal outdoor conditions and shall be on a base material of copper brass or as specified.

3.0 GLAZING:

3.1 All glass is to be of approved manufacturer of approved quality and shall be free from bubbles, smokes, waves, air holes and other defects.

3.2 While cutting glass, proper allowance by made for expansion. Each square of glazing to be in one whole sheet. On completion of work, all glass shall be cleaned inside and outside and all cracked scratched and broken panes shall be replaced and left in a good condition.

3.3 All exposed edges of glass shall be lead polished.

4. JOINERY

4.1 Joinery is to be taken up immediately after the placing of the contract frame-up, bonded and wedged up. Any portions that are warped or found with other defects are to be replaced before wedging up. The whole of the work is to framed and finished in a proper workman like manner in accordance with the detailed drawings, wrought and whenever required, fitted with all necessary metal ties, straps, bolts, screws glue etc. Jointers work, generally to be finished with fine sand glass paper.

4.2 JOINTS: All joints will be standard mortise and tenon, dowel, dovetail, and cross halved. Nailed or glued butt join will not be permitted. Screws nails etc. will be standard iron 43 or oxidized and of nettle fold make joint less state otherwise. Where mortise and tenon joints are used, tenons should fit the mortises exactly. In respect of points in the hollock timber frame wash in sofas the joints should confirm to the best practice in the trade.

4.3 Nailed or glued butt joints will not be permitted, except in exceptional cases with approval of Architects/Employer

4.4 Where screws shown on a finished surface, these will be sunk and the hole plugged with a wood plug of the san wood and grain of the finished surfaces unless detailed otherwise. Nails on finished surfaces will be nearly punches and the hole filled with wood filler to match the color.

4.5 Should joints in joiner’s work open, or other defects arise within the period stated for defect liability in the contract and the clause thereof, such defective joinery shall be taken down and refilled, redecorated and/or replaced necessary and any work disturbed shall be made good at the contractor’s expense.

4.6 The contract surface of dowel, wedges etc. shall be glued with an approved adhesive.

4.7 Where glued Joinery and carpentry work is likely to come into contract with moisture, the glue shall be waterproof.

4.8 All dovetail joints shall be further strengthened with M.S. Cleats for cabinet furniture like tables, storage units etc.

4.9 Where boards/plywood has to be fixed on another boards/plywood the two surfaces shall be fixed together by applying special carpenter’s adhesive and headless nails.

5.0 PAINT AND POLISHES:

5.1 All materials required for the works shall be of specified and approved manufacturer, delivered to the site in the manufacturer’s containers with the seals, etc., unbroken and clearly marked with the manufacturer’s name or trade mark with a description of the contents and colour. All materials are to be stored on the site of the work. 5.2 Spray painting with the approved machines will be permitted only if written approval has been obtained from the Architect/Company. The paint used for sparing is to be specially prepared by the manufacturer for spray Thinning of paint made for brushing will not be allowed. 5.3 Wood preservative shall be Ascu Green Saver or any other equal and approved impregnating wood preservative at all concealed wood work shall be treated with wood preservative. 5.4 All brushes, tools pots, kettles, etc. used in carrying out the work shall be clean and free from foreign matter and at to be thoroughly cleaned out before being used with a different type of class of material. 5.5 All iron or steel surfaces shall be thoroughly scraped and rubbed with wire brushes and shall be entity free from rusting mill scale etc. before applying the priming coat. 5.6 Surfaces of new wood work which are to be painted are to be rubbed down and cleaned to the approval of the Architects/Employer. 5.7 All exposed teakwood surfaces and teak ply surfaces and surfaces which are not treated otherwise shall be finish with stained polish to the required shade and melamine matt finish.

44 5.8 All exposed cedar wood surfaces and clear ply surfaces shall be finished with ready mixed wax polish to give nature shade. 5.9 The tendered rates shall include cost of seasoning and providing wood preservative and as given in the specification

6. POLISH:-

6.1 Pure shellac varying from pale orange to lemon yellow color free from resin or dirt shall be dissolved methylated spirit at the rate of 140 gm of shellac to 1 litre of spirit. Suitable pigment shall be added to get the required shade.

6.1.1. The surface shall be cleaned. All unevenness shall be rubbed from smooth with the sand paper and well sets if variable shall be covered with a preparation of red lead and the size land on white hot Hoes and mgehtations on the surface shall be stopped with plazsr’s putty. The surface shall then be given a coat of won filler by mixing whiting (ground chalk) in methylated spirit at the rate of 1.50kg of whiting per litre of spirit. The required staining agent shall be added to get the required sand. The surface shall again be rubbed down perfect smooth with glass paper and wiped clean.

6.1.2. The polishing rubber, the most important implement in French polish shall consist of a pad of cotton wool, which acts as a reservoir for the polish and a soft white linen or cotton fabric similar to a well worn handkerchief, which acts as a filter. The rubber must never be dipped in to the polish. It should be charged by pouring the polish on the pad with the cover remove.

6.1.3. The surface shall be worked upon evenly a slow figure of eight motion until the surface is coated with a thin layer of polish. The object shall be to apply a series to thin coats, allowing only a few minutes for drying between the coats, when a level and even bodied surface is obtained the work is considered ready for the second stage is spiriting off.

Allowing the work to stand for at least eight hours, a fresh rubber with a double thickness of cover material shall be rubber with a double thickness or cover shall be taken and charged with methylated spirit. The surface shall be sprite off to remove the rubber marks and to give the brilliance of finish. The rubber shall be worked in the direction grain and continued till the surface is free from smears and rubber marks and left to harden off.

7.1 MALAMINE FINISH: 7.2. The malamine finish shall be applied on the French spirit polished surface. 7.3. The malamine coat of clean hard glaze shall be applied with a cloth pad. The surface shall then be left in or/any for at least six hours and further coats area applied with a paint brush. If the duration of gap is more than 2 hours between coats, the previous coat shall be rubbed down 24 hours between paper or a medium grade of steel wool. The matt finish shall be contained by giving a final coat of clean Ronseal matt coat.

8.0 TIMBER:

8.1 The timber shall be of the species stipulated in the schedule of Quantities/Drawings. 45 8.2 (a) Teak wood shall be of C.P. Teakwood variety. 8.3 (b) Wood for frame work/roughwood shall be hollock even though drawings may show Kail. 8.4 All dimensions given in the schedule of quantities and drawings are the required finished size. 8.5 Timber shall be well seasoned and kiln dried with a moisture content of 12% nominal +2% for teakwood. The contractor should get the timber tested for moisture content of wood at his own cost as per the directions of the Architects/Employer. 8.6 All timber shall be treated with preservatives as directed. 8.7 All timber shall be free from worm holes, loose or dead knots or other defects and shall not suffer from warping splitting or other defects. All timber shall be approved by the Architect/Employer before use.

8.8 MDF BOARD/BLOCK BOARD/PLUWOOD/PARTICLE BOARD: 8.9 MDF boards block boards/plywood/particle board etc. as specified in the approved list of manufacturers shall only be used. 8.10 Only B.W.R. grade phenol formaldehyde bonded boards to be used. 8.11 MDF board shall comply with I.S. 12406-1988. Manufacturers specification shall be followed in the use of MDF boards for the various usages.

9.0 SHOP DRAWINGS: The contractor shall submit for approval all joinery details for total furniture. Shop drawings shall relate to site measurements and shall show in detail the construction of various parts of the work, the method of jointing, thickness and type of material, the finishes to be applied to the various exposed surfaces, details of anchoring, joints, welds, fastening and all other relevant information.

11. LAMINATES:

11.1 Thickness of the laminate to be used shall be 1.0 mm. Unless otherwise specified.

11.2 Joints in laminates will not be permitted until and unless the same is unavoidable or is required as per the drawings.

Measurements: Length and breadth of the plan area of the finished work shall be measured correct to a cm. no defections shall be made for openings provided, nor shall extra material or labour involved in such openings. Rate shall include provision access panel with MDF panel.

Rate to include decorative work with sunk raised levels in false ceiling. Rate shall include all scaffoldings staging etc.

Great care must be exercised in cutting the RCC slabs/beams to locate suitable reinforcement for welding the M.S. flats to be provided for suspension of false ceiling system. The damage to the R.C.C. member shall be made good with cement mortar 1:2 (1cement:2coarse sand). The projecting portion of the M.S. flat below the R.C.C. member and any other steel member in the false ceiling system shall be painted with one coat or red oxide paint.

The tendered rates shall apply for all floors heights. The Tendered rates shall include backing of plastered surface wherever Dado/wall lining with marble/granite stone slabs are envisaged and the back has been plastered.

46 ELECTRICAL SPECIFICATIONS

1.01 It is not the intention to specify completely herein all aspects of design and constructional features of equipment’s and details of the work to be carried out, nevertheless, the equipment and work shall confirm in all respects to high standards of Engineering, Design and workmanship and shall be capable of performing in continuous commercial operation in a manner acceptable to the owner who will interpret the meaning of the specifications and drawings and shall have right to reject or accept any work or material which in his assessment is not complete to meet the requirements of this specifications and / or applicable code and standards mentioned elsewhere in this specifications.

2.00 SCOPE OF WORK

The scope of work under this specification shall include design, manufacture, testing, supply, storage, erections, testing and commissioning of following items for complete electrification including labour, tools, tackles and plants etc. as required.

2.01 A) Lighting system for the indoor and outdoor areas of the building complete with switchboards, switches, receptacles, wires, conduits, Earthing and their accessories etc. as required.

B) SERVICES a) For Electrical points, telephone, fire alarm system wiring, cabling connections and their terminations at required points with respective accessories. b) Laying of conduits, made of PVC/ MS with respective accessories. c) Panel and distribution boards with accessories and their terminations. d) Raising mains/sub-mains/bus ducts with accessories and their terminations. e) Earthing system. f) The scope of work shall also include all minor/ civil works associated with lighting, power panels, Distribution boards, Cables, cable trays, conduits either on surface or in walls or ceiling for light points, switch boxes cutting and chasing the walls, ceiling including refilling, plastering the same. g) Materials and components not specifically mentioned in the specifications but necessary for satisfactory installations and operations of the system mentioned therein shall be deemed to have been included in the scope of work of this specification and NO extra payment shall be made for the same.

2.02 The installation shall comply in all respects with the requirements of Indian Electricity Act 1910 as amended up to date. Indian Electricity Rules 1956, thereunder and special requirements, if any of the state electricity boards etc.

2.03 RATE

A) The rate of the wiring points (light, fan, plug, bell) given in the schedule of work shall be irrespective of the length of the points. The point wiring shall be carried out FRLS grade 47 copper conductor PVC, insulated 650/1100 volts grade wire and the circuit wiring as per specifications. including earth conductor of minimum size of 14 SWG bare / copper shall be part of the point wiring.

B) Separate wiring shall be made for each wiring system such as NORMAL, UPS, and TELEPHONE etc. No extra payment shall be made to the contractor on this regard. c) Point wiring shall consist of wiring with controlling switch, ceiling rose or any other approved termination or socket outlet with switch. d) Wiring shall be done in LOOP IN system and phase or line wire shall be looped at switch box and neutral conductor shall be looped from point.

2.04 DRAWINGS i) Few drawings showing general layout of building and distribution as such are enclosed with these specifications or can be seen at consultant/ Architect's office. These drawings are meant to give a general Idea to bidder regarding the nature of work covered by these specifications. ii) No information/Data shown/not shown in these drawings shall relieve the contractor of his responsibility to carry out the work as per these specifications and or drawings after the award of the work. Prices shall not be subject to variation after award of work due to difference in drawings and actual construction drawings released from time to time. iii) Contractor shall prepare and submit to the consultant for his approval, detailed shop drawings of all system of wiring, Distribution boards, panels etc. All work shall be carried out on the approval of these drawings, however approval of these drawings does not release the contractor of his responsibility with the intent of the specifications.

2.05 ERECTION OF CONDUITS

The conduit shall be properly and tightly screwed between the various lengths and into the boxes through which it runs and terminals so that the wiring is continuously, and effectively protected through out its entire length. No part of the conduit shall be under mechanical stress and the whole conduit system shall be electrically and mechanically continuous through out. b) Corners shall be turned by means of easy bends or sets made without altering the section or opening the same. The radius of every conduit bends shall be such as to allow compliance with regulation B-32 of I.E.E. regulations for bends. in cable; and in addition the inner radius of the bend shall not be less 2.5 times the out side diameter of the conduit. c) Where conduits are connected by means of a socket, the ends of the conduit shall be put together in the centre of the socket, and in the case of running joints no exposed shall be visible after erection.

2.06 FIXING OF BOXES

(a) All boxes, except those for external works, shall be securely fixed by means of counter sunk screws, minimum size 40mm No.8 using approved type rawl plugs. 48 (b) At least one screw shall be used for fixing standard circular boxes and adaptable boxes up to 100mm size. A minimum of four fixing screws shall be used for larger boxes.

(c) In all cases, the fixing holes shall be suitable for counter sunk screws, so that the screws heads do not project into the boxes and all screws driver burrs shall be removed before cables are drawn in.

(d) For external work and other particularly damp situations, galvanised cast iron, weatherproof boxes with external fixing lugs shall be used.

(e) In addition to the external fixing, the boxes shall be supported by saddles spaced not more than 150mm on each side of the box Fixing holes shall not be drilled in the box.

2.07 EARTHING

(a) Cypriot 14 swg minimum copper bare earth wire or insulated wire as specified is to be drawn in each conduit for earthing the general light and power outlet up to 230 volts and 2 for 415 volts. Earth conductor size shall be in accordance with I.E. Rules table D-2.

(b) The earth conductor shall be terminated by means of drilling two holes in the conduit box, the earth wire shall pass through one hole to the outside of the box and shall be connected by means of a rose Courtney type washer to a 3/8", 2" BA round headed brass screws which shall be bolted into the second hole. Two washers and two nuts shall be used with each screw.

(c) A similar arrangement to the above shall be used at the termination to the equipment or by any other approved manner, meeting with the approval of the Engineer.

2.08 INSTALLATION OF SWITCHES, SOCKETS & ACCESSORIES

All the switches shall be wired on phases connections shall be made only after testing the wires for continuity, cross phase etc. with the help of a switches, sockets, fan, regulator etc. shall be housed in proper sheet steel enclosure with cover plates as per specifications. The arrangement of switches and sockets shall be neat and systematic covers for enclosures accommodating switches, sockets, etc. Outlets shall be terminated into a ceiling rose for fan points and into autoway wall plug sockets, the conductors may be terminated directly into the switches and sockets. The outlets, point control boxes etc. shall be set out as shown on the drawings. Before fixing these, the contractor shall obtain clearance from the Engineer /Architect with regard to their proper locations. The enclosures of sockets/and 3rd pin of the sockets shall be connected to the ground through a proper size earth continuity wires as laid out in standard specifications no. MV-150.

2.09 POSITION OF POINTS, DISTRIBUTION BOARDS & SWITCHBOARDS

49 a) The recommended position of the light point, control switches, distribution boards as shown on the drawings shall be adhered to as far as practicable. In case of location changes due to Architectural requirements, no extra payments will be made on this account. b) Should there be any discrepancy or incomplete description ambiguity or emission in the drawings or in other documents whether original or supplementary forming the contract, the tenderer shall immediately on discovering the same shall draw attention of the Architect / consultant. c) Before commencement of work, the exact final position of all points, switch boxes and the distribution boards shall be ascertained by the tenderer from the Architects / Consultants.

2.10 SAMPLES

The contractor shall submit 2 sets of samples of accessories and apparatus, he proposes to use in the installations, at site for approval a required. This specification shall not be departed from without any written instructions from the consultants.

2.11 MANUFACTURER'S INSTRUCTIONS.

Where manufacturers have furnished specific instructions relating to the material/ equipment to be used in this job, covering points, not specifically mentioned in these documents, manufacturer's instructions shall be followed.

2.12 MATERIALS AND EQUIPMENTS

All the materials and equipments shall be of approved make and design, Unless otherwise called for, only the best quality materials and equipment shall be used.

2.13 PRICES

Prices shall remain firm and free from variations due to rise in the cost of materials/labour during the stipulated period of execution and during extended period of Completion of project.

50 ANNEXTURE-A

PROFORMA FOR AFFIDAVIT TO BE SUBMITTED BY THE TENDERER On Non Judicial Stamp Paper.

AFFIDAVIT

I, ------, Partner/Legal Attorney/ Accredited Representative of M/S ------, solemnly declare that:

We are submitting Tender for the Work______against Tender Notice NO:______

None of the Partners of our firm is relative of employee of ------(Name of the Company)

All information furnished by us in respect of fulfilment of eligibility criteria and qualification information of this Tender is complete, correct and true.

All documents/ credentials submitted along-with this Tender are genuine, true and Valid.

If any information and document submitted is found to be false/ incorrect any time, department may cancel my Tender and action as deemed fit may be taken against us, including termination of the contract, forfeiture of all dues including Earnest Money and banning / delisting of our firm and all partners of the firm etc.

Signature of the tenderer.

(Date)

Seal of Notary.

NNEXTURE: B PROFORMA OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT 51 To Balmer Lawrie & Co Ltd Address

Dear Sirs,

That Messrs/Mr…………(set out full name and address and constitution of the Contractor/Supplier) (hereinafter referred to as “The Contractor/Supplier”) filed their/his/its quotation against your Tender being Tender No………………..dated…………..(hereinafter referred as “the said Tender”) for the work ------(set out the purpose of the job) and in pursuance thereto an Order being No.------dated______(hereinafter referred to as “the Order”) was issued by you to the contractor/supplier.

The conditions of the said Tender, inter-alia, requires that the Contractor/Supplier shall pay a sum of Rs.______(Rupees______only) as full security deposit (hereinafter referred to as “the security deposit”) in the form therein mentioned. The form of payment of security deposit includes a guarantee to be executed by a Scheduled Bank.

The said Messrs/Mr______(set out full name of the Contractor/Supplier) have/has approached us and at their/his/its request and in consideration of the premises We.______(set out full name of the Bank) having our Office, inter alia, at______(state the address of the Bank) have agreed to give such guarantee in the manner following :-

1. We______(set out full name of the Bank), hereby undertake and agree with you if default is made by Messrs/Mr.______(set out full name of the contractor / supplier), in performing any of the terms and conditions of the Tender and/or Order or in payment of the security deposit or any other or in payment of money payable to you. We,______(set out full name of the Bank) shall merely on demand from you without demur or protest shall pay you the said amount of Rs.______(Rs.______only) or such portion thereof not exceeding the said sum as you may demand from time to time.

2.We,______,(set out full name of the Bank), further agree with you that you shall have the fullest liberty to without our consent and without affecting in any manner our obligations hereunder to adopt any mode for realisation of your dues from the Contractor / supplier and/or to vary any of the Terms and Conditions of your contract with said Messrs/Mr______(Set out full name of the contractor / supplier), or to extend time of performance by Contractor / Supplier from time to time or to postpone for any time or from time to time any of the powers exercisable by you against Contractor / Supplier and to forbear or enforce any of the terms and conditions relating to the contract / order, and We, ______(Set out full name of the Bank) shall not be relieved from our liability by reason of any such variation, or any indulgence to be given by you to the contractor / supplier or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so releasing us.

3. Your right to recover the said sum of Rs.______(Rs.______only) from us in the manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes is / are pending before any Officer, Tribunal, Court or any other authority or authorities.

4. The guarantee herein contained shall not be determined or affected by liquidation or winding up, dissolution or change of constitution or insolvency of the said Messrs/Mr.______(set out the full name of the Contractor/Supplier), but shall in all respect, and for all purposes be binding and operative until payment of all the money due to you in respect of such liabilities is paid. 52 5. Our liability under this guarantee is restricted to Rs.______(Rs.______only).

6. Our guarantee shall remain in force and effect until______(Set out the date of expiry), and unless a claim or demand in writing is made against us under this guarantee before the expiry of six months from the aforesaid date i.e. ______(set out last date of Claim period), the said Guarantee all your rights under this guarantee shall be forfeited and We,______, (set out full name of the Bank) shall be relieved and discharged from all liabilities thereunder.

7. We,______(set out full name of the Bank) undertake not to revoke this Guarantee during its currency except with your previous consent in writing.

8. We,______(set out full name of the Bank) have power to issue this Guarantee in your favour under our Memorandum and Articles of Association and the undersigned has full power to execute / sign this Guarantee under the Power of the Attorney dated the______day of______Two Thousand Eight granted by the Bank.

Yours faithfully,

Dated______------Place Signatures of the Officer on behalf of______(Date) (set out name of the Bank)

53 ANNEXTURE –C

Mandatory information required for Prequalification of the bidder for COMPLETE INTERIOR & FURNISHING OF NEW PREMISES AT SHOP NO. 101, 1ST FLOOR, KUSHAL BAZAR, NEHRU PLACE, NEW DELHI Important:

Please go through the details described in the relevant portion of the tender document while filling this Annexure. Please type or handwrite in capital letters. Attach copies of the supporting documents. Please use additional sheets if required.

Name of the Bidder : email address : Telephone number office : Fax no. : Address 1 : Address 2 : City : Pin code : Year of Establishment : Status of the Firm : Proprietary/Partnership/Pvt. Ltd./Pub. Ltd. Names of the directors/Partners/proprietor : Name and address of the Bankers – 1 : Name and address of the Bankers – 2 : Registration number, date with Registrar of Companies/Firms : PAN Card Number : Service tax Registration No:

Sales Tax /TIN Number : PF Registration No: ESI Registration No: Copies of the Balance sheets for last 3 yrs : Current solvency certificate from your Banker for not less than Rs. 8 Lacs. Certificate should not be older than 6 months. If the same is not available, please attach a copy of 3 years bank Attach copy and show original as and when transaction statement endorsed by the bank. required. Empanelment with the other Companies/PSUs: Field of activities : Main Activity : Value of the total work done till date : Two references whose work already Attach separate sheet, if needed. completed

54 BASIC MINIMUM ELIGIBILITY CRITERIA:

1) THE INTENDING TENDERER MUST HAVE IN ITS NAME AS A PRIME CONTRACTOR EXPERIENCE OF HAVING SUCCESSFULLY COMPLETED SIMILAR WORKS DURING LAST 5 (FIVE) YEARS ENDING LAST DAY OF MONTH PREVIOUS TO THE ONE IN WHICH BID APPLICATIONS ARE INVITED (i.e. ELIGIBILITY PERIOD) SHOULD BE EITHER OF THE FOLLOWING:-

a) TWO SIMILAR COMPLETED WORKS EACH COSTING NOT LESS THAN THE AMOUNT EQUAL TO Rs. 04 LACS.

c) ONE SIMILAR COMPLETED WORK EACH COSITING NOT LESS THAN THE AMOUNT EQUAL TO Rs. 06.4 LACS.

2) THE AVERAGE ANNUAL FINANCIAL TURNOVER OF WORKS DURING THE LAST 3 (THREE) FINANCIAL YEARS ENDING ON 31ST MARCH OF PREVIOUS FINANCIAL YEAR SHOULD BE ATLEAST Rs. 20.00 LACS which should be duly verified by the contractor’s chartered Accountant. Provide CA Certificate of the same when required.

PLEASE ENCLSOED RELEVANT ATTESTED DOCUMENTARY EVIDENCE SUCH AS WORK ORDER / LOI / AWARD LETTER / COMPLETION CERTIFICATES FROM CLIENTS. NOTE:- SIMILAR WORK MEANS INTERIOR WORKS INCLUDING ALL ASPECTS OF WORK SUCH AS CIVIL, ELECTRICAL, INTERIOR, FURNITURE AND FURNISHING, OFFICE AUTOMATION, AIR CONDITIONING ETC. IN OFFICE/COMMERCIAL BUILDINGS. List of Technical staff working in the organization :

List of other staff working in the organization :

Have you in past carried out any works for Balmer Lawrie & Co. Ltd. or its subsidiaries? : Have you been ever disqualified or levied penalty by any PSU or BALMER LAWRIE & CO. LTD in particular in past for non fulfillment of the contractual obligations. If yes, please provide details in brief. : Have you ever been banned by any Public Sector Units? If yes please provide details in brief:

I/We confirm that to the best of MY/our knowledge the above information are authentic and accept that any deliberate concealment will amount to disqualification at any stage.

Seal and Signature of the Bidder/s.

Name: Date: Place:

PROFORMA D

55 REPORT OF VIRTUAL COMPLETION

Draft of letter to be written by the Contractor to the Architect/Consultant in connection with the Virtual Completion Certificate as per the relevant clause.

"Having executed the work in terms of the Contract, we hereby certify that we have virtually completed the works covered by our Contract Agreement.

We hereby certify that the work has been executed wholly conforming to drawings, specifications and instructions of Architect/Consultant.

We do certify further that we have executed the work in accordance with the applicable laws and without any transgression of such laws."

NOTE: The Virtual Completion Certificate will be endorsed by the Architect/Consultant as having examined the works and certifying that work has been executed as per detailed drawings and specifications.

LIST OF APPROVED MAKES OF MATERIALS

56 All materials to be used for furnishing & interior work is to be of following approved make, manufacturers other than listed below may also be considered at the discretion of the Architect / Designated Officer .

MATERIAL MANUFACTURER/BRAND NAME Block board/Plywood – BWR or Archid, Green ply, Century MR grade Decorative M.D.F. Board Glowood, Euro Pratik Gypsum Ceiling Saint Gobain Mineral Fibre Tile Ceiling Armstrong Laminate Archid, Greenlam, Sunmica, Formica, Merino, Insulation Wool U.F. Twiga, Crown, Lloyd Locks with CP brass Godrej, Ozone, Dorma, Hettich Hinges and hardware Hettich, Earl Bihari, Ozone,Kaff OR eq. Approved Glass Saint Gobain, Modi Guard Glass Fittings Dorma, Ozone Soft Board Sitatex or equivalent Paints Asian , Berger, Nerolac, ICI Surface texture wall coating Unitile, Heritage, OIKOS, Asian, Acro paints Ceramic Tiles Kajaria, Johnson, Orient, Nitco Vitrified Tiles Kajaria, Johnson, Orient, Nitco Soil waste & R .W.P. RIF/BC/SRIF CPVC pipes and fitting Ajay, Supreme uPVC Pipes Fittings Ajay, Supreme Steel sinks Neelkanth, Jyna, Nirali Fire Retardant Coating Viper or Equivalent Wood Preservative ASCU PS-2 or equivalent Vertical/Venetian Blinds Vista levellor/MAC, Hunter Duglus White vitreous chinaware Parryware, Neycer, Hindustan .

MATERIAL MANUFACTURER/BRAND NAME

57 Cables (ISI mark 1100 V Polycab/ Finolex /CCI/Skytone Grade)

Wiring 1100V grade ISI Marked FRLS Grade Polycab/Finolex /Havells

PVC Conduit ISI make Prakash/ AKG /Setia Cabling, capping & accessories. Precision / modi / Asian

Trunkings Precision / modi,

MCB , D.B, ELCB MDS / Havells / Indo Asian

Switches, sockets, plates Wipro / MK Modular/Crab tree

Electrical fixtures fluroscent Philips / Wipro / Crompton C.F.L light, LED fixture etc.

Fan & Exhaust fans Havells / Bajaj/Khaitan Crompton / G.E.C.

Brass Cable glands. Siemens / Havells.

Date Cables Cat-6 UTP Systimax, Molex

MCCB’s MDS, Havells.

Selector switch & indication Kaycee / Siemens / L&T. Light.

Distribution Boards Double Door HAVELLS / MDS

3] All documents required as per the tender documents can be scanned and submitted on-line and or deposited in person, at our office.

4 Vendor Undertaking

We have studied the tender document carefully and have quoted our rates in accordance with the terms and conditions as laid down in the tender document. We also confirm to have accepted all terms and conditions mentioned herein.

CONDITIONS FOR ONLINE BID SUBMISSION

Procedure For Bid Submission

58 The bidder shall submit his response through bid submission to the tender on eProcurement platform at https://balmerlawrie.eproc.in by following the procedure given in the Catalogue given in the system.

Registration with eProcurement platform:

For registration and online bid submission bidders may contact HELP DESK of M/s C1 India Pvt., Ltd. The contact persons are -

Tuhin Ghosh: [email protected] +91-8981165071, Tirtha Das: [email protected] com +91-9163254290, Ritabrata Chakraborty: s +91-8697910411, Ujjal Mitra: ujjal.mi- [email protected] +91-8986678058, Ravi Gaiwal: [email protected] 022668656336.

Digital Certificate authentication:

The bidder shall authenticate the bid with his Digital Certificate (Class 2 B or Class 3) for submitting the bid electronically on eProcurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the eProcurement platform.

All the bidders who do not have Digital Certificates need to obtain Digital Certificate for signatures and encryption. They may contact Help Desk of C1 India Pvt Ltd.

Submission of Hard copies:

After submission of bid online, the bidders are requested to submit the demand draft towards required EMD amount along with other documents as required, to the Tender Inviting Authority before opening of Price bid at our Office. The bidder shall furnish the Demand Draft and other documents either in person or through courier or by post and the receipt of the same within the stipulated time shall be the responsibility of bidder. Balmer Lawrie shall not take any responsibility for any delay or non-receipt of said documents. If any of the documents furnished by the bidder is found to be false / fabricated, the bidder is liable for black listing, forfeiture of the EMD, cancellation of work and criminal prosecution.

The bidder is requested to get a confirmed acknowledgement from the Tender Inviting Authority as proof of submission of hardcopies.

Corrigendum to tender:

59 The bidder has to keep track of any changes by viewing the addendum / Corrigendum's issued by the Tender Inviting Authority on time-to- time basis in the E-Procurement platform. The Company calling for tenders shall not be responsible for any claims/problems arising out of this.

Bid Submission Acknowledgement:

The user should complete all the processes and steps required for bid submission. The successful bid submission can be ascertained once acknowledgement is given by the system through bid submission number after completing all the processes and steps. Tender Inviting Authority and C1 India Pvt. Ltd. will not be responsible for incomplete bid submission by users. Users may also note that the incomplete bids will not be saved by the system and are not available for the Tender Inviting Authority for processing.

Before uploading scanned documents, the bidders shall sign on all the statements, documents, certificates uploaded by him, owning responsibility for their correctness / authenticity.

Disclaimer Clause:

The Company (Balmer Lawrie & Co. Ltd.) nor the service provider (C1 India Pvt. Ltd.) is responsible for any failure of submission of bids due to failure of internet or other connectivity problems or reasons thereof.