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Reserve Bank of IndiaEstate Department

Main Office BuildingNagpur 440 001

TENDER NOTICE

Tenders for Supply, Installation, Testing & Commissioning of SolarStreet Lights for Common Areas at Banks Staff Quarters at , Nagpur

Sealed tenders are invited for Supply, Installation, Testing & Commissioning of of Solar

Street Lights for Common Areas at Banks Staff Quarters at 1) Amravati Road (ARSQ) &2) Atre Layout (ALSQ), Nagpur. Details of the work and the eligibility criteria is givenbelow below:

Location EstimatedCost

EarnestMoney

Cost of Tender

Experience

Turnover Minimum ordervalue duringlast 5 years

1) AmravatiRoad Staff

Quarters

Rs. 18lakh

Rs.36,000/-

Rs.500/-

Minimum3 years

Rs. 6 lakh Rs. 9 lakh

2) AterLayout Staff Quarters

Rs, 12lakh

Rs.24,000/-

Rs.500/-

Minimum3 years

Rs. 4 lakh Rs. 6 lakh

Tender forms can be collected on cash payment from Estate Department, Reserve Bank of India,Dr Raghavendra Rao Road, Civil Lines, Nagpur- 440 001 up to 12.00 pm. of January 11, 2011,ordownloaded from our website http://www. rbi.org.in. Last date of submission of tender is January11, 2011 up to 2.00 pm. The Bank is not bound to accept the lowest tender and reserves the rightto accept either in full or in part any tender and to reject all the tenders without assigning anyreason thereof.

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Reserve Bank of IndiaEstate Department

Main Office BuildingNagpur440 001

Tender for

Supply, Installation, Testing & Commissioning of SolarStreet Lights for Common Area at Banks Amravati Road

Quarters,Nagpur

Part I

Name Of Tenderer_____________________________________________

Address _____________________________________________________

Due Date& Time for Submission of tender:-1400 hrs. on January 11, 2011

Cost of Tender form Rs.500/-

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PART I

RESERVE BANK OF INDIAEstate Department,

Nagpur

Supply, Installation, Testing & Commissioning of Solar StreetLight for Common Area at Banks Amravati Road Staff

Quarters,NAGPUR

I N D E X

Sr.No.

Section Contains Page No.

1 Section A Form of Tender 3 to 42 Section B List of clients 53 Section C Article of Agreement 6 to 84 Section D Special Conditions 9 to125 Section E Conditions 13 to 256 Section F Technical Specifications 26 to 287 Section G Check List 298 Section H Warranty Maintenance 30

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The details of our bankers are

Sr.No.

Name of Bank Branch and itscomplete address

Name of the contactperson

Telephoneand FAXnumber

1 2 3 4 5

We are enclosing herewith list of our clients with complete details as per the Bank'sproforma.

Name of the partner of the firm authorised to sign

(or)

Name of person having power of Attorney to sign the contract.(Certified true copy of thePower of Attorney should be attached.)

Yours faithfully

Signature of Contractor

(Signatures and addresses of witnesses)

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Section-B

Proforma

List of clients

(to whom works of similar scope each costing not less thanRs.6 lakh have been completed in the last three years.)

Sr.No.

Details Name of client(1)

Name of client(2)

Name of client(3)

1 Address, fax and telephonenumbers

2 Project name, location andaddress.

3 Brief details of the work

4Value of work as completed

5 Date of award of contract6 Date of completion of work7 Whether the work was

carried out under Architect/ Consultant, if so, details.

(Add more columns in case of more than 3 clients)

The intending tenders should have full fledge service center at Nagpur.

While submitting the tender the detail information about service set-up likeaddress, contact numbers, name of contact person & service persons isrequired to be submitted along with the part I.

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Section-C

Articles Of Agreement

ARTICLES OF AGREEMENT made the ____________ day of ______________ between the Reserve Bank of India, (hereafter called The Bank) of the one part and

_______________ __________________________________ (thereinafter called theContractor) of the other part.

WHEREAS The Bank is desirous of Supply, Installation, Testing & Commissioning ofSolar Street Lights for Common Area at Banks Amravati Road StaffQuarters,Nagpur and has caused specifications describing the works to be done.

AND WHEREAS the said specifications, the Schedule of Quantities and drawings havebeen signed by or on behalf of the parties hereto.

AND WHEREAS the Contractor has agreed to execute upon the subject to the Conditions

set forth herein and to the Conditions set forth in the Special Conditions and in theSchedule of Quantities and Conditions of Contract (all of which are collectively hereinafterreferred to as the said Conditions) the works shown upon the said drawings and/ordescribed in the said specification and included in the Schedule of Quantities at therespective rates therein set forth amounting to the sum as therein arrived at or such othersum as shall become payable there under(hereinafter referred to as the said ContractAmount)

NOW IT IS HEREBY AGREED AS FOLLOWS:

1) In consideration of said Contract Amount to be paid at the times and in the manner setforth in the said conditions, the Contractor shall upon and subject to the said

Conditions execute and complete the work shown upon the said Drawings anddescribed in the said Drawings and described in the said Specifications and theSchedule of Quantities.

2) The Bank shall pay the Contractor the said Contract Amount, or such other sum asshall become payable, at the times and in the manner specified in the said conditions.

3) The said Conditions and Appendix thereto shall be read and construed as forming partof this agreement and the parties hereto shall respectively abide by, submitthemselves to the said Conditions and perform the agreements on their partrespectively in the said Conditions contained.

4) The plans, agreement and documents mentioned herein shall form the basis of thisContract.

5) This Contract is neither a fixed Lump sum Contract nor a Piece work Contract but is aContract to carry out the Supply, Installation, Testing & Commissioning of SolarStreet Lights for Common Area at Banks Amravati Road Staff Quarters,Nagpur to be paid for according to actual measured quantities at the rates containedin the Schedule of Rates and Probable quantities or as provided in the saidConditions.

6) The Contractor shall afford every reasonable facility for the carrying out of all worksrelating to civil works and other ancillary works in the manner laid down in the saidConditions, and shall make good any damages done to walls, floors etc. after thecompletion of such works.

7) The Bank reserves to itself the right of altering the Drawings and nature of the work byadding to or omitting any items of work or having portions of the same carried outwithout prejudice to this contract.

8) Time shall be considered as the essence of this Contract, and the Contractor herebyagrees to commence the work soon after the site is handed over to him or from tenth

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day after the day of issue of formal works order as provided for in the said Conditions,whichever is later, and to complete the entire work within 4 months , subjectnevertheless to the provisions for extension of time.

9) All payments by The Bank under this Contract will be made only at Reserve Bankof India, Estate Department, Nagpur440 001.10) All disputes arising out of or in any way connected with this agreement shall be

deemed to have arisen at Nagpur and only Courts in Nagpur shall have jurisdiction todetermine the same.

11) That the several parts of this Contact have been read by the Contractor and fullyunderstood by the Contractor.If the contractoris a Partnershipor an Individual

IN WITNESS WHEREOF The Bank and the Contractor have set theirrespective hands to these presents and two duplicate hereof the day andyear first hereinabove written.

If the contractoris a Company

IN WITNESS WHEREOF The Bank has set its hand to these presentsthrough its duly authorised official and the Contractor has caused itscommon seal to be affixed hereunto and the said two duplicate/has causedthese presents and the said two duplicates hereof to be executed on itsbehalf, the day and year first hereinabove written.

Signature Clause

SIGNED AND DELIVERED by the Reserve Bank of India by the hand ofShri

(name and designation). in the presence of(1)Address

(2)Address...

Witnesses

SIGNED AND DELIVERED BY1) Address2)..Address..

Witnesses

THE COMMON SEAL OF

Was hereunto affixed pursuant to theresolutions passedBy its Board of Directors at the meeting

If the part is a partnership firm or any individualshould be signed by all or on behalf of all thepartners.

If the Contractor signs under its common Seal thesignature clause should tally with their sealingclause in the Articles of Associations.

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held on.In the presence of

( 1 ).

( 2 ).Directors who have signed thesepresents in taken thereof in thepresence of(1)

.(2)

SIGNED AND DELIVERED BY theContractor by the hand OfShri .

and duly constituted attorney.

The Contractor is signing by the hand of power ofattorney whether a company or individual.

The Contractor is signing by the hand of power ofattorney whether a company or individual.

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Section- D

SPECIAL CONDITIONS

General Instructions To Contractors

1) Only firms who have 5 years of experience in carrying out solar installation worksfor residential/ office buildings/ commercial premises and have executed atleasttwo similar works each costing not less than Rs.9 lakhs during the last 5 years areeligible to tender. Tenders received from ineligible tenderers will not beconsidered. The fact that the Bank has issued tender forms to any firm based onthe provisional information furnished by the firm cannot be considered as the Bankis satisfied regarding the eligibility of the firm to tender for this work. SealedTenders in duplicate should be addressed to Smt. Phulan Kumar, RegionalDirector, Reserve Bank of India,Estate Department, Nagpur440 001 (by

name) and superscribed Supply, Installation, Testing & Commissioning ofSolar Street Lights for Common Area at Banks Amravati Road StaffQuarters, Nagpur(Part I/Part II) and sent so as to reach him not later than 2.00PM. on January 11,2011.

2) No tender will be received after 2.00 PM. on January 11, 2011 under anycircumstances whatsoever.

(a) Tenders (Part I) will be opened at 4.00 PM on January 11,2011at the office ofSmt.Phulan Kumar, Regional Director, Reserve Bank of India,EstateDepartment, Nagpur440 001 , by an officer designated for the purpose by him inpresence of tenderers or their representatives, should they choose to be present.Part II of the tender will be opened at a subsequent date.

(b) Rates should be quoted both in figures and in words in columns specified. Allerasures and alterations made while filling the tender must be attested by initialsof the tenderer. Overwriting of figures is not permitted; failure to comply with eitherof these conditions will render the tender void at the Banks option. No advice ofany change in rate or of conditions after the opening of the tender will beentertained.

(c) Each of the tender documents should be signed by the person or personssubmitting the tender and is taken at his/their having acquaintedhimself/themselves with the General Conditions of Contract, Specifications,Special Conditions, etc. as laid down. Any tender with any of the documents notso signed will be rejected.

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

3) The Reserve Bank of India does not bind itself to accept the lowest or any tenderand reserves to itself to accept or reject any or all the tenders, either in whole or inpart, without assigning any reason for doing so.]

4) Intending tenderers shall pay as earnest money a sum of Rs.36,000/- by a demanddraft only drawn on a Scheduled Bank.

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5) The Earnest Money Deposit of Rs.36,000/- paid by the successful tenderer shall beheld by the Reserve Bank of India as security for the execution and due fulfillmentof the Contract. No interest shall be paid on the said deposit.

6) On receipt of intimation from the Bank of the acceptance of his / their tender, thesuccessful tenderer shall be bound to implement the contract and within fourteendays thereof. The successful tenderer shall sign an agreement in accordance with

the draft agreement and the Schedule of Conditions but the written acceptance bythe Reserve Bank of India of a tender will constitute a binding contract betweenthe Reserve Bank of India and the person so tendering whether such formalagreement is or is not subsequently executed.

7) (a) In addition to the Earnest Money Deposit under clause 6 and as further securityfor the due fulfillment of the contract by the Contractor 5% of the value of the workdone will be deducted by the Bank from each payment to be made to theContractor. On receipt of virtual completion Certificate issued by the Bank'sEngineers, the EMD retained towards security deposit shall be released to thecontractors and the Retention Money deducted towards Security deposit shall bereleased on expiry of the stipulated defects liability period. The amount retained

by the bank shall not bear any interest.

(b) All compensation or other sums of money payable by the contractor to theBank under the terms of this Contract may be deducted from his earnest moneyand the security deposit if the amount so permits and the Contractor shall, unlesssuch

deposit as become otherwise payable, within ten days after such deduction makegood in cash the amount so deducted.

8) The Contractor shall not assign the Contract. He shall not sublet any portion of theContract except with the written consent of the Bank. In case of breach of theseconditions, the bank may serve a notice in writing on the contractor rescinding theContract whereupon the security deposit shall stand forfeited to the Bank, withoutprejudice to his other remedies against the contractor.

9) The Contractor shall carry out all the work strictly in accordance with Drawings,details and instructions and Bank's Engineer. If in the opinion of the Bank'sEngineer changes have to be made in the design and with the prior approval inwriting of the Employer they desire the Contractor to carry out the same, thecontractor shall carry out the same without any extra charge. The Bank's decisionin such cases shall be final and shall not be open to arbitration.

10) A Schedule of probable quantities in respect of each work and specificationsaccompany these special conditions. The Schedule of probable quantities isliable to alteration by omissions, deductions or addition at the discretion of theConsultant. Each tender should contain not only the rates but also the value ofeach item of work entered in a separate column and all the items should betotaled in order to show the aggregate value of the entire tender.

11) The tenderer must obtain for himself, on his own responsibility and at his ownexpenses, all the information which may be necessary for the purpose for makinga tender and for entering into a contract and must examine the Drawings andmust inspect the site of the work and acquaint himself with all local conditions,means of access to work, nature of work and all matters appertaining thereto.

(a) The rates quoted in the tender shall include all charges for supply, installation(assembly), testing, packing, handling and transport for all supplies. The rates

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shall include storage, watch and ward, temporary structures, lighting at night, toolsand tackles, labour and other services for erection and commissioning works.

(b) The rates shall also be firm and shall not be subject to exchange variations, labourcondition, fluctuations in railway freights or any conditions whatsoever. Tenderersmust include in their rates sales tax, excise duty, customs duty, octroi and anyother tax and duty or other levy levied by the Central Government or any StateGovernment or local authority, if applicable. No claim in respect of sales tax,

sales tax on works contract, excise duty, customs duty, octroi, service tax or othertax, duty or levy whether existing or future shall be entertained by the Employer.

(c) The work shall be carried out in such a manner that there shall be minimumDisruptionof electrical supply to bank premises. A program shall be drawn inconsultation with the consultant and Banks engineer for this purpose.

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

the contract. No claim shall be entertained on this account. Certified order copywith work completion certificate shall be enclosed.

13) Time allowed for carrying out the work as mentioned in the Memorandum shall bestrictly observed by the Contractor and it shall be reckoned from the 10th day afterwritten order to commence the work is issued. The work shall throughout thestipulated period of the contract, be proceeded with all due diligence. If thecontractor fails to complete the work within the specified period he shall be liableto pay compensation as defined in clause of the conditions of contract. Thetenderer shall before commencing work, prepare a detailed work program whichshall be approved by the Employer.

14) Tenders will be considered only from recognisedbonafide contractors who fulfillthe minimum eligibility criteria as prescribed in the tender notice for the work.Each tenderer shall submit with his tender a list of large works of a like nature hehas executed giving details as to their magnitude and cost, the proportion of workdone by the contractor in it and the time within which the works were completed.

15) The Contractor shall not be entitled to any compensation for any loss suffered byhim on account of delays in commencing or executing the work, whatever thecause of delays may be, including delays arising out of modifications to the workentrusted to him or in any sub-contract connected therewith or delays in awardingcontracts for

other trader of the project or in commencement or completion of such works or inprocuring Government controlled or other building materials or in obtaining waterand power connections for construction purpose or for any other reasonwhatsoever and the employer shall not be liable for any claim in respect therefore.The Employer does not accept liability for any sum besides the tender amount,subject to such variations as are provided for herein.

16) The successful tenderer is bound to carry out any items of work necessary for thecompletion of the job even though these items are not included in the quantitiesand rates. The Employer will issue schedule of instructions in respect of suchadditional items and their quantities in writing.

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17) The successful tenderer must co-operate with the other contractors appointed bythe Employer so that the work shall proceed smoothly with the least possibledelay and to the satisfaction of the Employer.

18) The Contractor must bear in mind that all the work shall be carried out strictly inaccordance with the specifications and also in compliance of the requirement ofthe legal public authorities and to the requirements of the local electricity authorityand CEI and no deviation on any account will be permitted.

19) Manufacturer should have ISO 0991:200 certification. Tender of manufacturer/thisauthorized dealers shall be considered.

20) The successful tenderer should make with his own arrangements to obtain allmaterials required for the work.

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

Witness: Signature of Tenderer ___________________ Address

_____________________ _____________________

Place:Date:

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Section- E

The Conditions Hereinbefore Referred To

1. In constructing these conditions, the specification, schedule of quantities andContract Agreement, the following words shall have the meaning hereinassigned to them except where subject or context otherwise requires.

a) "Employer" Shall mean the Reserve Bank of India and shall include its

assigning and successors.

b) In the case of company "Contractor shall mean ________ a company incorporatedunder _______ and having its registered office at

_________ and shall include its successors and assigns.

c) "Site" Shall mean the site of the contract works including anybuilding and erection thereon and any other land(inclusively) as aforesaid allotted by the Employer for theContractor's use.

d) "This Contract" Shall mean the Article of Agreement, the specialconditions, the conditions, the Appendix, the schedule ofquantities and specifications attached hereto and dulysigned.

e) "Notice in writing" Shall mean a notice in written, typed or printed or writtennotice" characters sent (unless delivered personallyotherwise proved to have been received) by registeredpost to the last known private or business address orregistered office of the addressee and shall be deemed tohave been received when in the ordinary course of post itwould have been delivered.

f) "Act of Insolvency" Shall mean any Act of insolvency as defined by thePresidency Town Insolvency Act, or the provincialinsolvency Act or any Act amending such original Act.

g) "Net Prices" If in arriving at the contract amount the Contractor shallhave added to or deducted from the total of items in theTender any sum, either as a percentage or otherwise, thennet price of any item in their tender shall be the sumarrived at by adding to or deducting from the actual figuresappearing in the Tender as the price of that the item asimilar percentage or proportionate sum provided alwaysthat in determining the percentage or proportion of thesum so added or deducted by the Contractor the totalamount of the any Prime Cost items and provisional sums

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of money shall be deducted from the total amount of thetender. The expression "net rates" or "net prices" whenused with reference to the contract or account shall beheld to mean rates or prices so arrived at.

h) "The works" Shall mean Supply, Installation, Testing & Commissioningof Solar Street Lights for Banks Amravati Road StaffColony, Nagpur.

Words importing persons include firms and corporations. Words importing the singularonly also include the plural and vice versa where the con text requires.

2. Scope of Contract : The contractor shall carry out and complete the said work inevery respect in accordance with this contract and with the directions of and to thesatisfaction of the Bank's Engineer. The Bank's Engineer may in his absolutediscretion and from time to time issue further drawings and/or written instructions,details, direction and explanations which are hereafter collectively referred to as"Bank's Engineer's instruction in regard to":

a) The variations or modifications of the design, quality or works or the addition or

omission or substitutions of any work.b) Any discrepancy in the Drawing or between the Schedule of Quantities and/orDrawing and/or specifications.

c) The removal from the site of any materials brought thereon by the contractor andthe substitution of any other material therefore.

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

The contractor shall forthwith comply with and duly execute any work comprised insuch Bank's Engineer's instructions provided always that verbal instructions,directions and explanations given to the Contractor or his representative upon theworks by the Bank's Engineer shall, if involving a variation, be confirmed in writing bythe Contractor within seven days, such shall be deemed to be Employer's instructionswithin the scope of the Contract.

The contractor shall submit a statement of variations giving quantity and rates dulysupported by analysis of rates, vouchers etc. The rates on scrutiny and finalacceptance by the Employer shall form a supplementary tender. The Employer shallnot be liable for payment of such variations until these statements are sanctioned byhim.

3. The Contract shall be executed in triplicate and the Bank's Engineer, the Employerand the Contractor shall be entitled to one executed copy each for his use. Thecontractor on the signing hereof shall be furnished free of cost one copy of each of thesaid Drawings and of specifications and one copy of all further Drawings issuedduring the progress of the works. Any further copies of such Drawings required by theContractor shall be paid for by him. The contractor shall keep one copy of allDrawings on the works and Bank's Engineer or his representative shall at allreasonable times have access to the same. Before the issue of the final certificate tothe Contractor he shall forthwith return to the Bank's Engineer all Drawings andSpecifications.

4. The Contractor shall provide at his cost everything necessary for the proper execution

of the works according to the intent and meaning of the Drawings, Schedule ofQuantities and specifications taken together, whether the same may or may not beparticularly shown or described therein provided that the same can reasonably be

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inferred therefore, and if the Contractor finds any discrepancy in the Drawings orbetween the Drawings, Schedule of quantities and Specifications, he shallimmediately and in writing refer the same to the Bank's Engineer, who shall decidewhich is to be followed.

5. Authorities, notices and patents : The Contractor shall conform to the provisions ofany Act of the Legislature relating to the works, and to the regulations and bye-laws ofany authority, and of any water, electricity supply and other companies and/or

authorities with whose system the structure is proposed to be connected, and shall,before making any variations from the Drawings or Specifications that may benecessitated by so conforming, give to the architect written notice, specifying thevariation proposed to be made and the reason for making it and apply for instructionsthereon. In case the Contractor shall not within ten days receive such instructions beshall proceed with the work conforming to the provisions, regulations, or bye-laws inquestion, and any variation so necessitated shall be dealt with under clause hereof.

The contractor shall bring to the attention of the Employer all notices required by thesaid Acts, regulations or bye-laws to be given to any authority and pay to suchauthority or to any public office all fees that may be properly chargeable-in respect ofthe works and lodge the receipts with the Employer.

The Contractor shall indemnify the Employer against all claims in respect of patentrights, and shall defend all actions arising from such claims and shall himself pay allroyalties, licence fees, damages cost and charges of all and every sort that may belegally incurred in respect thereof.

6.Setting out of work : The contractor shall set out the works and shall be responsible forthe true and perfect setting out of the same and for the correctness of the positionslevels, dimensions and alignment of all parts thereof. If at any time any error in thisrespect shall appear during the progress of the works or within a period of one yearfrom the completion of the works, the Contractor shall, if so required, at his ownexpense rectify such error to the satisfaction of the Bank's Engineer.

7.Materials and Workmanship to conform to description : All materials andworkmanship shall so far as procurable be of the respective kinds described in theSchedule of Quantities and/or specifications and in accordance with the contract andthe Contractor shall furnish to the Employer with all invoices, accounts, receipts andother vouchers to prove that the materials comply therewith. The Contractor shall athis own cost arrange for and/or carry out any test of any materials.

8. Contractor's superintendence and representative on the works : The Contractorshall give all necessary personal superintendence during the execution of the worksand so long thereafter as the Employer may consider necessary until the expiration ofthe "Defects Liability Period" stated in the Appendix hereto. The contractor shall, alsoduring the whole time the works are in progress employ a competent representativewho shall be constantly in attendance at the works while the men are to work. Anydirections, explanations, instructions or notice given by the Bank's Engineer to suchrepresentative shall be held to be given to the Contractor.

9. Dismissal of workmen : The Contractor shall on the request of the Bank's Engineerimmediately dismiss from the works any person employed thereon by him who may,in the opinion of the Bank's Engineer, be incompetent or misconduct himself and suchpersons shall not be again employed on the works without the permission of theBank's Engineer.

10 . Access to works : The Employer, shall at all reasonable times, have free access tothe works and/or to the workshops, factories or other places where materials are lyingor from which they are being obtained and the Contractor shall give every facility to

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the Employer necessary for Inspections and examination and test of the materialsand workmanship. No person not authorised by the Employer except therepresentatives of public authorities shall be allowed on the works at any time.

11. Assistant Manager(Tech.) : The term "Assistant Manager (Tech) shall mean theperson appointed and paid by the Employer to inspect the works. The Contractorshall afford the Assistant Manager(Tech.) every facility and assistance for inspectingthe works and materials and for checking and measuring time and materials.

The Assistant Manager(Tech.), or the Employer shall have power to give notice to theContractor or to his representative of non-approval or any work or materials and suchwork shall be suspended or the use of such materials shall be discontinued. Thework will from time to time be examined by the Assistant Manager(Tech.) but suchexamination shall not in any way exonerate the Contractor from the obligation toremedy any defects which may be found to exist at a stage of the works or after thesame is completed. Subject to the limitations of this clause the Contractor shall takeinstructions only from the Bank's Engineer.

12. Assignment and Subletting : The whole of the works included in the Contract shall beexecuted by the Contractor and the contractor shall not directly or indirectly transfer,

assign or under-let the Contract or any part share thereof or any interest thereinwithout the prior written consent of the Employer and not undertaking shall relieve theContractor from the full and entire responsibility of the Contract or from activesuperintendence of the works during their progress.

13. No alteration, omission or variation shall vitiate this contract but in case the Bank'sEngineer thinks proper at any time during the progress of the works to make anyalterations in, or addition to, or omissions from the works or any alteration in the kindof quality of the materials to be used therein and shall give notice thereof in writingunder his hand to the Contractor, the Contractor shall alter, add to, or omit from, asthe case may be, in accordance with such notice, but the contractor shall not do anywork extra to or make any alterations or additions to or omissions from the works orany deviation from any of the provisions of the Contract. Stipulations, specificationsor Contract Drawings without the previous consent in writing of the Employer and thevalue of such extras alterations, additions or omission shall, in all cases, bedetermined by the Employer in accordance with the provisions of Clause hereof,and the same shall be added to, or deducted from the Contract Amount, as the casemay be accordingly.

14. Schedule of Quantities : The Schedule of quantities, unless otherwise stated shall bedeemed to have been prepared in accordance with the Standard Method ofMeasurement.

Any error in description or in quantity or in omission of items from the schedule ofquantities shall not vitiate this contract but shall be rectified and the value thereof, asascertained under Clause hereof, shall be added to, or deducted from the Contract

Amount (as the case may be) provided that no rectification of errors, if any, shall beallowed in the Contractor's schedule of rates.

15. Sufficiency of Schedule of Quantities : The Contractor shall be deemed to havesatisfied himself before tendering as to the correctness and sufficiency of his tenderfor the works and of the prices stated in the Schedule of Quantities and/or theschedule of rates and prices which rates and prices shall cover all his obligationsunder the contract, and all matters and things necessary for the proper completion of

the works.

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16. Measurement of works : The Bank's Engineer may, from time to time, intimate to thecontractor that he requires the works to be measured, and the Contractor shallforthwith attend or send a qualified agent to assist Assistant Engineer in taking suchmeasurements and calculations and to furnish all particulars or to give all assistancerequired by any of them.

Should the Contractor not attend or neglect or omit to send such agent then themeasurement taken by the Bank's Engineer or a person approved by him shall be

taken to be correct measurement of the works. Such measurements shall be taken inaccordance with the Mode of Measurements detailed in the Specifications.

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

All authorised extra works, omissions and all variations made with the prior approvalin writing of Employer shall be included in such measurements.

17. Prices for extra : The Contractor may, when authorised and shall, when directed, inwriting by the Employer, add to, omit from or vary the works shown upon thedrawings, or described in the specification, or included in the schedule of Quantities,

but the contractor shall make no addition, omission or variation without suchauthorisation or direction. A verbal authority or direction by the Bank's Engineer shall,if confirmed by them in writing within seven days, be deemed to have been given inwriting.

No claim for an extra shall be allowed unless it shall have been executed underprovisions of clause hereof with the concurrence of the Employer herein mentioned.Any such extra in herein referred to as authorised and shall be made in accordancewith the following provisions.

(a) (i) The net rates or prices in the original tender shall determine the valuation ofthe extra work where such extra work in similar character and executed underconditions as the work priced therein.(ii) Rates for all items, wherever possible should be derived out of the ratesgiven in the priced Schedule of Quantities.

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

(c) Where the extra works are not of similar character and/or quoted under similarconditions as aforesaid or where the omissions vary the conditions underwhich any remaining items of works are carried out or if the amount of anyomissions or additions relative the amount of the whole of the Contract worksor to any part thereof shall be such that in the opinion of the Bank's engineer,the net rate or price contained in the priced Schedule of Quantities or tender orfor any item of the works involves loss or expenses beyond that reasonablycontemplated by the contractor or is by reason of such omission or additionrendered unreasonable or inapplicable, the Bank's Engineer shall fix suchother rate or price as in the circumstances he shall think reasonable andproper, with the prior approval in writing of the Employer.

(d) Where extra work cannot be properly measured or valued, the Contractor shallbe allowed day work prices as the net rates stated in the tender or the Priced

Schedule or Quantities or, if not so stated, then in accordance with the localday work rates and wages for the district provided that in either case vouchersspecifying the daily time (the workmen's names) and materials employed be

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delivered for verification to the Bank's Engineer at or before the end of theweek following that in which the work has been executed.

The measurement and valuation in respect of the Contract shall be completed within the"period of final measurements" stated in the Appendix or if not stated then within sixmonths of the completion of the Contract works as defined in Clause hereof.

18. Unfixed materials when taken into account to be the property of the EmployerWhere in any certificates (of which the Contractor has received payment) the Bank'sEngineer has included the value of any unfixed materials included for and/or placedon or adjacent to the works such materials shall become the property of the Employerand they shall not be removed except for use upon the works, without the writtenauthority of the Employer. The Contractor shall be liable for any loss of, or damageto, such materials.

19. Removal of improper work : The Employer shall, during the progress of the works,have power to order in writing from time to time the removal from the works withinsuch reasonable time or times as may be specified in the order of any materials whichin the opinion of the Bank's Engineer are not in accordance with the Specifications,

the substitutions of proper materials, and the removal and proper re-execution of anywork executed with materials or workmanship not in accordance with the drawings &specifications or instructions and the contractor shall forthwith carry out such order athis own cost. In case of default on the part of Contractor to carry out such order, theEmployer shall have the power to employ any pay other persons to carry out thesame; and all expenses consequent thereon, or incidental thereto, shall be borne bythe Contractor, or may be deducted by the Employer from any moneys due, or thatmay become due, to the Contractor.

20. Defects after virtual completion : Any defect, shrinkage, settlement or other faultwhich may appear within the ''Defects Liability Period" stated in the Appendix hereto,or, if none stated them within twelve months after the virtual completion of the works,arising in the opinion of the Employer from materials of workmanship not inaccordance with the contract, shall upon the direction in writing of the Employer, andwithin such reasonable time as shall be specified therein, be amended and madegood by the Con tractor, at his own cost and in case of default the Employer mayemploy and pay other persons to amend and make good such defects, shrinkagesettlements or other faults, and all damages loss and expenses consequent thereonare incidental thereto shall be made good and borne by the Employer or may bededucted by the Employer, upon the Bank's Engineer's Certificate in writing, from anymoney due or that may become due to the Contractor, or the Employer may in lieu ofsuch amending and making good by the Contractor deduct from any money due tothe Contractor a sum, to be determined by the Employer equivalent to the cost ofamending such work and in the event of the amount retained under clause hereofbeing insufficient, recover the balance from the Contractor, together with anyexpenses the Employer may have incurred in connection therewith. Should anydefective work have been done or materials supplied by any sub-contractor employedon the works who has been nominated as provided under clause hereof, thecontractor shall be liable to make good in the same manner as if such work ormaterial had been done or supplied by the Contractor and been subject to theprovision of this clause hereof. The contractor shall remain liable under the provisionsof the clause notwithstanding the signing of any certificate or the passing of anyaccounts by the Employer.

21. Certificate of virtual completion and defects liability period: The works shall not

be considered as completed until the Bank's Engineer has certified in writing that theyhave been virtually completed. The defects liability period shall commence from thedate of such certificates.

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22. Nominated Sub-Contractor : All Specialists, Merchants, Tradesmen and othersexecuting any work of supplying and fixing any goods for which the prime cost pricesor provisional sums are included in the Schedule of Quantities and/or Specificationswho may be nominated or selected by the Employer or hereby declared to be sub-contractors employed by the contractor and are herein referred to as nominated sub-contractors.No nominated sub-contractors shall be employed on or in connection withthe works against the Contractor shall make reasonable objection are (save where the

Architect and the Contractor shall otherwise agree) who will not enter into contractproviding.

(a) That the nominated sub-contractor shall indemnify the contractor against thesame obligation in respect of the sub-contract as the contractor is under inrespect of this contract.

(b) That the nominated sub-contractor shall indemnify the contractor againstclaims in respect of any negligence by the sub-contractors his servants oragents or any misuse by him or them or any scaffolding or other plant, theproperty of the Contractor or under any Workmen's Compensation Act inforce.

(c) Payment shall be made to the nominated sub-contractor within fourteen daysof his receipt of the Employer's Certificate provided that before any Certificateis issued the Contractor shall upon request furnish to the Bank proof that allnominated sub-contractors accounts included in previous certificates havebeen duly discharged; in default whereof the Employer may pay the sameupon a Certificate of the Bank and deduct the amount thereof from any sumsdue to the Contractor. The exercise of this power shall not create private ofcontract as between Employer and Sub-Contractor.

23. Other persons employed by Employer : The Employer reserves the right to usepremises and any portion of the site for the execution of any work not included in thisContract which it may desire to have carried out by other persons, and the Contractorshall allow all reasonable facilities for the execution of such work but shall not berequired to provide any plant or material for the execution of such work except byspecial arrangement with the Employer. Such work shall be carried out in suchmanner as not to impede the progress of the works included in the Contract and theContractor shall not be responsible for any damage or delay which may happen to oroccasioned by such work.

24. Insurance in respect of damage to person and property : The Contractor shall beresponsible for all injury to persons, animals or things, and for all structural anddecorative damage to property which may arise from the operation or neglect ofhimself or of any nominated sub-contractor or any employee of either, whether suchinjury or damage arises from carelessness accident or any other clause whatever inany connected with the carrying out of this Contract. This clause shall be held toinclude inter alia, any damage to buildings, whether immediately adjacent orotherwise, and any damage to road, streets, foot-paths, bridges or ways as well asdamage caused to the buildings and works forming the subject of this contract byfrost, rain, win d or other inclemency of weather. The Contractor shall indemnify theEmployer and hold it harmless in respect of all and any expenses arising from anysuch injury or damage to persons or property as aforesaid and also in respect of anyclaim made in respect of injury or damage under any acts of any legislature orotherwise and also in respect of any award or compensation or damages consequentupon such claim.

The Contractor shall reinstate all damage of every sort mentioned in this clause, so asto deliver up the whole of the Contract works complete to and perfect in every respect

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and so as to make good or otherwise satisfy all claims for damage to the property ofthird parties.

An insurance policy covering third party liability shall be taken b y the contractor tocover the loss/disablement of human life (persons not belonging to the contractor).This shall also cover the risk of damages to other's materials/equipment/propertiesincluding those, if any of the bank during construction/erection/commissioning of thesaid contract work at site. The value of third party liability for compensation for loss of

human life or full /partial disablement shall be of required statutory value for full andpartial disablement and shall nevertheless cover such compensation as may beawarded by a court of law. Cover for damage to other's equipment/property shall beas approved by the bank. The sub-contractors of the contractor shall not be holdersor beneficiaries in the policy nor shall they be named in the policy. The bank shall bethe principal holder of the policy along with the contractor. The bank reserves theexclusive right to assign the policy.

The Contractor shall indemnify the Employer against all claims which may be madeagainst the Employer be any member of the public or other third party in respect ofanything which may arise in respect of the works or in consequences thereof andshall at his own expenses arrange to effect and maintain, until the virtual completion

of the contract, with an approved office a policy of insurance in the joint names of theEmployer and the Contractor against such risks and deposit such policy or policieswith the Architect from time to time during the currency of this contract. TheContractor shall also similarly indemnify the Employer, against all claims which maybe made upon the Employer whether under the Workmen's Compensation Act or anyother status in force during the currency of this contract or at common law in respectof any employee of the Contractor or any Sub-Contractor and shall at his ownexpenses effect and maintain, in the joint names of the Employer and the Contractoragainst such risks and deposit such policy or policies with the Architect from time totime during currency of the Contract.

The Contractor shall be responsible for any liability which may be executed from theInsurance Policies above referred to and also for all other damage to any person,animal or property arising out of the incidental to the negligent or defective carryingout of this Contract transit, storage, erection, testing & commissioning policy. He shallalso indemnify the Employer in respect of any costs, charges or expenses arising outof any claim or proceedings and also in respect of any award of compensation ordamages arising therefore.

The Employer shall be entitled to deduct the amount of any damage, compensation,costs, charges and expense arising of accruing from or in respect of any such claimsor damage from any or all sums due or to become due to the Contractor withoutprejudice to the Employer's other rights in respect thereof.

25. Insurance : The contractor shall, within 14 days from the date of commencement ofthe works, insure the works at his cost and keep them insure until the virtualcompletion of reworks, against loss or damage with C.A.R Policy with an office in the

joint names of the employer and the contractor (the name of the former being placedfirst in the policy) for the full amount of the contract. Such policy shall cover theproperty of the "Employer" only. The contractor shall deposit the policy and receiptsfor the premium with the employer within twenty one days from the commencement ofthe works. In default of the contractor, insuring as provided above, the employer mayso insure the works and may deduct the premium paid from any moneys due or whichmay become due to the Contractor without prejudice to the other rights of theEmployer in respect of such default. In case it becomes necessary to suspend the

works, the Contractor shall as soon as the claim under the policy is settled, or thework reinstated by the Insurance Office, should they elect to do so, proceed with alldue diligence with the completion of the works in same manner as though the fire had

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not occurred and in all respects under the same conditions of Contract. TheContractor in case of rebuilding or reinstatement after fire shall be entitled to suchextension of time for completion as deems fit.

26. Date of commencement and completion : The Contractor shall be allowedadmittance to the site on "Date of Commencement" stated in the Appendix hereto, oreach later date as may be specified by the Employer and be shall thereupon andforthwith begin the works and shall regularly proceed with and complete the same

(except such painting or other decorative work as the bank may desire to delay) orbefore the "Date of Completion" stated in the Appendix subject nevertheless toprovisions for extension of time hereinafter contained.

27. Damages for non-completion : If the Contractor fails to complete the works by thedate stated in the Appendix or within any extended time under Clause hereof theContractor shall pay the Employer the sum named in the Appendix as " LiquidatedDamages" for the period during which the said works shall so remain incomplete andthe Employer may deduct such damages from any money due to the Contractor.

28. Delay and extension of time : If in the opinion of the Employer the works bedelayed(a) by force major or (b) by reason of any exceptionally inclement weather or

c) by reason of proceedings taken or threatened by or dispute with adjoining orneighboring owners or public authorities arising otherwise than through contractor'sown default or (d) by the works or delays of other contractor or Tradesmen engagedor nominated by the Employer and not referred to in the schedule of quantities and/orspecifications or (e) by reasons of Bank's Engineer instruction as per clause hereof(f) by reason of civil commotion, local combination of workmen or strike or lockoutaffecting any of the building trades or (g) in consequence of the Contractor not havingreceived in due time necessary instructions from the Bank for which he shall havespecifically applied in writing or (h) from other causes which the Bank may certify asbeyond the control of contractor or (I) in the event, the value of the work exceed thevalue of the Priced Schedule of Quantities owing to variation, the Bank may make afair and reasonable extension of time for completion shall as soon as may be givenwritten notice thereof to the bank but the Contractor shall nevertheless constantly usehis endeavors to prevent delay and shall do all that may reasonably has required tothe satisfaction of Bank to proceed with work.

29. Contractor's failure to comply with Employers instruction : If the Contractor afterreceipt of written notice from the Employer requiring compliance within 4 days fails tocomply with such further drawings and/or Bank's instructions the Employer mayemploy and pay other persons to execute any such work whatsoever that may benecessary to give effect thereto, and all costs incurred in connection therewith shallbe recoverable from the Contractor by the Employer as a debt or may be deducted byhim from any moneys due to the Contractor.

30. Termination of Contract by the Employer : If the Contractor being an individual or afirm commits any "act of insolvency" or shall be adjudged an insolvent or being anincorporated company shall have an order for compulsory winding up made against itor pass an effective resolution for winding up voluntarily or subject to thesupervisions of the court and the Official Assignee or the Liquidator in such acts ofinsolvency or winding up, as the case may be, shall be unable within seven daysafter notice to him requiring him to do so to show the reasonable satisfaction of theArchitect that he is able to carry out and fulfill the Contract and to given securitytherefore, if so required by the Architect.

Or if the Contractor (whether an individual, first or incorporated company shall suffer

execution or other process of court attaching property to be issued against theContractor.

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Or shall suffer any payment under this contract to be attached by or on behalf of anyof the creditors of the Contractors.

Or shall assign to sublet this Contract without the consent in writing of the Employerfirst had and obtained.

Or shall charge or encumber this Contract or any payments due or which maybecome due to the Contractor hereunder.

(i) Has abandoned the Contract, or

(ii) Has failed to commence the works, or has without any lawful excuse underthese conditions suspended the progresses of the works for fourteen daysafter receiving from the Bank notice to proceed or

(iii) Has failed to proceed with the work with such due diligence and failed to makesuch due progress as would enable the works to be completed within the timeagreed upon, or

(iv) Has failed to remove materials from the site or to pull down and replace workfor seven days receiving from the Bank written notice that the said materials or

work were condemned and rejected by the Bank's Engineer under theseconditions' or(v) Has neglected or failed persistently to observe and perform all of any of the

acts, matter or things by the Contract to be observed and performed by theContractor for seven days after written notice shall have been given to theContractor requiring the Contractor to observe or perform the same.

Then and in any of the said cases the Employer may, notwithstanding any previouswaiver, after giving seven days notice in writing to the Contractor, determine theContract, the whole of which shall continue in force as fully as if the Contract has notbeen so determined, and so if the works subsequently execute had been executed byor on behalf of the Contractor. And further, the Employer by his agents or servantsmay enter upon and taken possession of the works and all plant, tools scaffoldings,sheds, machinery, steam and other power utensils and materials lying upon thepremises or the adjoining lands or roads, and use the same as his own property ormay employ the same by means of his own servants and workmen in carrying on andcompleting the work or by employing any other Contractor or other person or personsto complete the works, and the Contractor shall not in any way interrupt or do any actmatter or thing to prevent or hinder such other contractor or other person or personsemployed for completing and finishing or using the materials and plant for the works.When the works shall be completed or as soon thereafter as convenient the Bankshall give a notice in writing to the Contractor to remove his surplus materials andplant, and should the Contractor fail to do so within a period of fourteen days afterreceipt thereof by him, the Employer may sell the same by public auction, and givecredit to the Contractor for the net amount realised. The employer shall thereafterascertain and certify in writing under his hand what of the said plant and materials sotaken possessions or by the Employer and the expenses or loss which the Employershall have been put to in procuring the works to be completed and the amount. If any,owing the Contractor and the amount which shall be so certified shall thereupon bepaid by the Employer to the Contractor or by the Contractor to the Employer, as thecase may be, and the Certificate of the Bank shall be final and conclusive betweenthe parties.

31. Termination of Contract by Contractor : If this payment of the amount payable bythe Employer under Certificate of the Bank's Engineer shall be in arrears and unpaid

for thirty days after notice in writing requiring payment of the amount as aforesaidshall have been given by the Contractor to the Employer, or if the Employer interfereswith or obstructs the issue of any such Certificate, or if the Employer shall repudiate

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the Contract, or if the works be stopped for three months under the order of theArchitect or the Employer or by any injunction or other order of any court of to Law,then and in any of the said cases the Contractor shall be in liberty to determine theContract by notice in writing to the Employer, and he shall be entitled to recover fromthe Employer, payment for all works executed and for any loss he may sustain uponany plant or materials supplied or purchased or prepared for the purpose or theContract.

In arriving at the amount of such payment the net rates contained in the Contractor'soriginal Tender shall be followed or where the same may not apply valuation shall bemade in accordance with Clause hereof.

32. Certificates and Payments : The Contractor shall be paid by the Employer from timeto time by installments under interim Certificate to be issued by the Bank's Engineeron account of the works executed work to the approximate value named in theAppendix as 'Value of work for Interim Certificate' has been executed in accordancewith this Contract, subject, however, to a retention of the percentage of such valuenamed in the Appendix as "Total Retention Money" after which time the installmentsshall be up to the full value of the work subsequently so executed and fixed in thebuilding. And when the works have been virtually completed, the Contractor shall be

paid by the Employer in accordance with the Certificate to be issued by the Bank'sEngineers the sum of money named in the Appendix as " installment after VirtualCompletion" being a part of the said Total Retention Money. And the Contractor shallbe entitled to the payment of the Final Balance in accordance with the final Certificateat the expiration of the period referred to as 'the Defects liability Period' in theAppendix hereto from the date of virtual completion or as soon as after expiration ofsuch period as the works shall have been finally completed and all defects made goodaccording to the true intent and meaning hereof whichever shall last happen providedalways or at or after their completion shall not relive the Contractor from his liabilityunder clause nor relieve the Contractor of his inability in cases of fraud, dishonesty, orfraudulent concealment relating to the works or materials or to any matter dealt with inthe Certificate and in case of the all defects and insufficiencies in the works ormaterials which a reasonable examination would not have disclosed.

The Employer shall have power to withhold any Certificate if the works or any partsthereof are not being carried out to his satisfaction.

The following terms of payment only are applicable for the work.

i) 70% of item rate against delivery of materials at the site.ii) 25% of the item rate for all item less amount already paid against completion oferection/installation and testing/commissioningiii) Balance on completion of one year Defects liability period.

33. The decision, opinion, direct on Certificate (except for payment) with respect to all orany of the matters under Clause/s hereof (which matters are herein referred to as theexpected matters) shall be final and conclusive and binding on the parties hereto andshall be without appeal. Any other decision, opinion, direction, shall be subject to theright of Arbitration and review under the Clause hereof in the same way in allrespects (including the provisions as to opening the reference).

34. Settlement of disputes by Arbitration : All disputes and differences of any kindwhatever arising out of or in connection with the Contract or the carrying out of theworks (whether during the progress of the works or after their completion and whetherbefore or after the determination, abandonment or breach of the contract) shall be

referred to and settled by the Bank who shall state his decision in writing. Suchdecision may be in the form of a final certificate or otherwise. The decision of theBank with respect to any of the expected matters shall be final and without appeal as

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stated in Clause hereof. But if either the Employer or the Contractor be dissatisfiedon a matter, question of dispute of any kind except any of the excepted matters thenand in any such case either party (the Employer or the Contractor any such caseeither party (the Employer or the Contractor may within 4 days after receiving noticeof such decision give a written notice to the other party requiring the matters indispute be arbitrated upon such written notice shall specify the matters which are indispute or difference of which such written notice has been given and no order shallbe and is hereby referred to the Arbitration and final decision of an arbitrator to be

agreed upon and appointed by both the parties or, in case of disagreement as to theappointment of a single arbitrator, to the appointment of two arbitrators, one to beappointed by each party, which arbitrators shall before taking upon themselves theburden or reference appoint an Umpire.The Arbitrator or Arbitrators, as the case may be, shall have power to open up, reviewand revise any Certificate, opinion, decision requisition or notice, save in regard to theexcepted matters referred to in the preceding clause, and to determine all matters todispute which shall be submitted to arbitration and of which notice shall have beengiven as aforesaid.

The Arbitrator or Arbitrators, as the case may be, shall make his or their award within oneyear (or such further extended time as may be decided by him or them as the case may

be with the consent of the parties) from the date of entering on the reference. In caseduring the arbitration proceedings the parties mutually settle, compromise or compoundtheir dispute or difference, the reference to arbitration and the appointment of theArbitrator or Arbitrators, as the case may be, shall be deemed to have been revoked andthe arbitration proceedings shall stand withdrawn or terminated with effect from the dateon which the parties file a joint memorandum of settlement thereof, with the Arbitrator orArbitrators as the case may be.

Upon every of any such reference, the cost of an incidental to the reference and Awardrespectively shall be in the discretion of the Arbitrator or Arbitrators, as the case may bewho may determine the amount thereof, or direct the same to be taxed as betweenattorney and client or as between party and party, and shall direct by whom and to whomand in what matter the same shall be borne and paid. This submission shall be deemedto be a submission to arbitration within the meaning of the Indian Arbitration Act, 1948 orany statutory modification thereof. The Award of the Arbitrator or Arbitrators, as the casemay be, shall be final and binding parties. It is agreed that the contractor shall not delaythe carrying out of the works by reasons of any such matter, question or dispute beingreferred, to arbitration, but shall proceed with the works with all due diligence and shall,until the decision of the Arbitrator or Arbitrators, diligence and shall, until the decision ofthe Arbitrator or Arbitrators, as the case may be, is given , abide by the decision of theBank and no Award of the Arbitrator or Arbitrators, as the case may be shall relieve theContractor of his obligations to adhere strictly to the Bank's instructions with regard to theactual carrying out of the works. The employer and the Contractor hereby also agree thatarbitration under this clause shall be a condition precedent to any right of action under theContract.

35 . Right of technical scrutiny of final bill

The Employer shall have a right to cause a technical examination of the works and thefinal bill of the contractor including all supporting vouchers, abstracts, etc. to be madeat the time of payment of the final bill. If as a result of this examination of otherwise anysum is found to have been overpaid or over certified it shall be lawful for the employer torecover the sum.

36. Employer entitled to cover compensation paid to workman

If, for any reason, the Employer is obliged, by virtue of the provisions of the Workmen'sCompensation Act, 1923, or any statutory modification or re-enactment thereof to pay

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compensation to a workman employed by the Contractor in execution of the works, theEmployer shall be entitled to recover from the Contractor the amount of compensation sopaid, and without prejudice to the rights of the Employer under the said Act. TheEmployer shall be at liberty to recover such amount or any part thereof by deducting itfrom the security deposit or from any sum due by the Employer shall not be bound tocontest any claim made against it under the said Act, except on the written request of theContractor and upon his giving to the Employer full security to the satisfaction of theEmployer for all costs for which the Employer might become liable in consequence of

contesting such claim.37. Abandonment of works

If at any time after the acceptance of the tender, the Employer shall for any reasonswhatsoever not requires the whole or any part of the works to be carried out, the Bankshall give notice in writing to the Contractor who shall have no claim to any payment ofcompensation or other-wise whatsoever on account of any profit or advantage which hemight have derived from the execution of the whole works.

38. Return of surplus materials

Notwithstanding anything to the contrary contained in any or all the clauses of thisContact, where any material for the execution of the Contract is procured with theassistance of the Employer by purchase made under orders or permits or licencesissued by Government, the Contractor shall hold the said materials economically andsolely for the purpose of the Contract and not dispose of them without the prior writtenpermission of the Employer and return it to the Employer, if required by the Employer, atthe price to be determined by the Bank having due regard to the conditions of thematerials, the price to be determined not be exceed the purchase price thereof inclusiveof sales tax, octroi and other such levies paid by the Contractor in respect thereof, inthe even of breach of the aforesaid condition, the Contractor shall in addition to beingliable to action for contravention of the terms of licences or permit and/or criminal breachof trust, be liable to Employer for all moneys, advantages or profits resulting or which inthe usual course would have resulted to his by reason of such breach.

39. Right of employer to terminate contract in the event of death of Contractor orindividualWithout prejudice to any of the rights or remedies under this Contract, if the Contractor,being an individual, dies, the Employer shall have the option of terminating the contractwithout incurring any liability for such termination.

Place: Signature of Contractor & stampDate:

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vii. The PV module will be used to sense the ambient light level for switchingON and OFF the lamp

V. PV MODULE (S)

i. The PV module(s) shall contain mono or multi crystalline silicon solar cells ii. The power output of the module(s) under STC should be a minimum of

60W Either two module; of minimum 37 W output each or one module of60W output should be used

iii. The operating voltage corresponding to the power output mentioned aboveshould be 16.4 V to 18 V

iv. The open circuit voltage of the PV modules under STC should be at least21.0 Volts . The PV module solar cell shape should be Pseudosquare or full square with cell configuration.

v. The terminal box on the module should have a provision for opening forreplacing the cable if required

vi. A strip containing the following details should be laminated inside themodule so as to be clearly visible from the front side.a) Name of the Manufacturer or distinctive Logob) Model or type Noc) Serial No

VI. ELECTRONIC PROTECTIONS

i. Adequate protection is to be incorporated under no -load conditions e.gwhen the lamp is removed and the system is switched ON.

ii. The system should have protection against battery overcharge and deepdischarge conditions.

iii. Fuses should be provided to protect against short circuit conditions.

iv. A blocking diode should be provided as part of the electronics, to preventreverse flow of current through the PV module(s), in case such a diode isnot provided with the solar module (s)

v. Full protection against open circuit accidental short circuit and reversepolarity should e provided

VII. MECHANICAL HARDWARE

i. A metallic frame structure (with corrosion resistance paint) to be fixed onthe pole to hold the SPV module(s) The frame structure should haveprovision to adjust its angle of inclination to the horizontal between 0 and48, so that the module(s) can be oriented at the specified tilt angle

ii. The pole should be made of mild steel pipe with a height of 4.5 metersabove the ground level, after grouting and final installation. The poleshould have the provision to hold the we proof lamp housing It should bepainted with a corrosion resistant paint.

iii. A vented, acid proof and corrosion resistant painted metallic box foroutdoor use should be provided for housing the battery.

iv. The frame material of solar PV module should be of anodized aluminumwith screwed ends.

VIII. OTHER FEATURES

I. The system should be provided with 2 LED indicators a green light to

indicate charging in progress and a red LED to indicate deep dischargecondition of the battery. The green LED should glow only when the batteryis actually being charged

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II. There will be a Name Plate on the system which will giveName of the Manufacturer or Distinctive Logo

III. Components and parts used in the solar street lighting systems shouldconform to the latest BIS specifications, wherever such specifications areavailable and applicable.

IV. The PV module(s) will be warranted for a minimum period of 5 years fromthe date of supply and the street lighting system (including the battery) willbe warranted for a period of one year from the date of supply installation.

V. An Operation Instruction and Maintenance Manual should be provided withthe solar street lighting systemThe following minimum details must be provided in the Manual

a. About Photovoltaic b. About solar street lighting system - its components and expected

performance c. About PV module d. About CFL e. About battery. f. Clear instructions about erection of pole and mounting of PV

module and lamp housing assembly on the pole. g. About electronics. h. About charging and significance of indicators i. Clear instructions on regular maintenance and trouble shooting of

the solar street lighting system. j. Name and address of the contact person in case of non-

functionality of the solar street lighting system.

Place: Signature of the Contractor & stampDate:

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Section - G

Check List

Design, Supply, Installation, Testing and Commissioningof solar street lights for Common Area at Amravati Road Staff Quarters.

Nagpur

Commercial Conditions

Sr.No.

Description Banks Terms Acceptance ofBanks terms

(YES/NO)1 Validity 90 days from the date of opening of

Part I

2 EMD Rs. 36,000/-

3 Terms ofpayment forequipment(Specified inpara 32 on page23)

a) 70% amount shall be releasedafter delivery of materials at site.

b) 25% amount shall be releasedafter completion of entire works& commissioning of lights.

c) Balance 5% will be releasedafter completion of year Defectliability period.

Terms ofpayment forAMC

Quarterly payment after satisfactorycompletion of service.

4 Technicalspecifications

As per Data sheet and specifications

5 Rates/ Taxes/ Duties/Octroi

Rate quoted should be inclusive of alltaxes duties, transport, octroi etc.

6 Terms,Conditions andpayment duringAMC

Confirm that the terms, conditions andpayment for the AMC.

7 Warranty Period 12 months from date of handing over ofthe entire work

8 Service aftersales Rate shall include for cost of serviceduring the warranty period includingreplacement of anymaterial/assembly/equipment if foundnecessary.

Place: Signature of the Contractor & stamp

Date:

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Section H

WARRANTY MAINTENANCE

1) The contractor shall guarantee that all the materials & workmanship of the

equipments installed by him under the specification shall be 1st

class in everyrespect. He will make good at his own cost any defects which may develop duringwarranty period without any extra charge.

2) Provide preventive maintenance as & when basis for one year commencing afterlanding over the installation systematically examine, adjust, clean all the parts,repair or replace defective parts etc. & maintain the solar lights always in goodworking condition with efficient working.

ANNUAL MAINTENANCE CONTRACT

Quote yearly cost for AMC on comprehensive basis (without battery) commencingupon completion of warranty period as specified above including call outs at noadditional cost to the Bank.

Place: Signature of the Contractor & stampDate:

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Banks Staff Quarter at Amravati Road, NagpurS, I, T & C of Solar Street Lights for Common Area

____________________________________________________

PART II

Sc hed ule o f Qua ntities

Sr.No.

Description Qty. Ra te Unit Am ount

1 S, I, T & C of Solar light p oles of12feet height consisting of solarPanel, Battery of 150 Ah capacity,

light sourc e of 11W X 2 CFL (Sing leLuminary) having minimum chargingtime of 5hrs. All the accessoriesreq uired to b e mounted on M.S. p olecomplete with the base plate asreq uired b y the Ba nk and c onformingto the technical specifications asd esc ribed in pa rt I.

50Nos.

2 Fixing of solar pole in the ground a tleast minimum 2 feet depth in theground complete with the digging &to be filled with cement mortar foundation with proper finishing, sothat the pole itself hold its positionstrong ly c om plete a s req uired b y theBank

50Nos.

3 ANNUAL MAINTENA NCE CONTRACTCharges for Annual MaintenanceContract after completion of one

year guarantee period onCo mprehensive ba sis. The tend ererhave to check& clean the solarpanels & other accessories once in amonth to keep the system in goodworking condition. (Amount to bequoted without cost of Battery but

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inc lud ing o f a ll ac c essories)4 Tota l Co st o f wo rk ( without cost of

AMC)

Plac e: Sea l & Signa ture of the c ontrac tor

Date:

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Reserve Bank of IndiaEstate Department

Main Office BuildingNagpur440 001

Tender for

Supply, Installation, Testing & Commissioning of SolarStreet Lights for Common Area at Banks Atre Layout

Staff Quarters,Nagpur

Part I

Name Of Tenderer_____________________________________________

Address _____________________________________________________

Due Date& Time for Submission of tender:-1400 hrs. on January 11, 2011

Cost of Tender form Rs.500/-

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PART I

RESERVE BANK OF INDIA

Estate Department,Nagpur

Supply, Installation, Testing & Commissioning of Solar StreetLight for Common Area at Banks Atre Layout Staff Quarters,

NAGPUR

I N D E X

Sr.No.

Section Contains Page No.

1 Section A Form of Tender 3 to 42 Section B List of clients 53 Section C Article of Agreement 6 to 8

4 Section D Special Conditions 9 to125 Section E Conditions 13 to 256 Section F Technical Specifications 26 to 287 Section G Check List 298 Section H Warranty Maintenance 30

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Section A

Form of Tender

Commercial Terms and ConditionsSmt. Phulan Kumar,Regional Director,Reserve Bank of India,Estate Department,Nagpur440 001.

Dear Sir,

Having examined the specifications, drawings, designs and schedule of quantities relating

to the works specified in memorandum hereinafter set out and having visited andexamined the site of the works specified in the said memorandum having acquired therequisite information relating there to as affecting the tender, we hereby offer to supplyand execute the works specified in the said memorandum, within the time specified in thetime memorandum, at the rates mentioned in the attached schedule of quantities and inall respects with the specifications, designs, drawings and instructions in writing referredto in conditions of tender, the Articles of Agreement, Special Conditions, Schedule ofQuantities and Conditions of Contract and with such materials as are provided for by, andin all other respects in accordance with such conditions so far as they may be applicable.

MEMORANDUM

(a) Description of works : Supply, Installation, Testing &Commissioning of Solar Street Light forCommon Area at Banks Atre LayoutStaff Quarters, Nagpur

(b) Estimated cost : Rs.12Lakhs(c) Earnest Money : Rs. 24,000/-(d) Percentage, if any to be deducted from

bills: 5 %

(e) Time allowed for completion of the workfrom tenth day after the date of writtenorder to commence work

: 4 Months

Should this tender be accepted, we hereby agree to abide by and fulfill the terms andprovisions of the said Condition of Contract annexed hereto so far as they may beapplicable or in default thereof to forfeit and pay to the Reserve Bank of India the amountmentioned in the said conditions.

We have deposited a sum of Rs.24,000/-as earnest money with the Reserve Bank ofIndia, which amount is not to bear any interest. Should we fail to execute the Contractwhen called upon to do so, we do hereby agree that this sum shall be forfeited by us tothe Reserve Bank of India.

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The details of our bankers are

Sr.No.

Name of Bank Branch and itscomplete address

Name of the contactperson

Telephoneand FAXnumber

1 2 3 4 5

We are enclosing herewith list of our clients with complete details as per the Bank'sproforma.

Name of the partner of the firm authorised to sign

(or)

Name of person having power of Attorney to sign the contract.(Certified true copy of thePower of Attorney should be attached.)

Yours faithfully

Signature of Contractor

(Signatures and addresses of witnesses)

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Section-B

Proforma

List of clients

(to whom works of similar scope each costing not less thanRs.4 lakh have been completed in the last three years.)

Sr.No.

Details Name of client(1)

Name of client(2)

Name of client(3)

1 Address, fax and telephonenumbers

2 Project name, location andaddress.

3 Brief details of the work

4Value of work as completed

5 Date of award of contract6 Date of completion of work7 Whether the work was

carried out under Architect/ Consultant, if so, details.

(Add more columns in case of more than 3 clients)

The intending tenders should have full fledge service center at Nagpur.

While submitting the tender the detail information about service set-up likeaddress, contact numbers, name of contact person & service persons isrequired to be submitted along with the part I.

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Section-C

Articles Of Agreement

ARTICLES OF AGREEMENT made the ____________ day of ______________ between the Reserve Bank of India, (hereafter called The Bank) of the one part and

_______________ __________________________________ (thereinafter called theContractor) of the other part.

WHEREAS The Bank is desirous of Supply, Installation, Testing & Commissioning ofSolar Street Lights for Common Area at Banks Atre Layout Staff Quarters,Nagpur and has caused specifications describing the works to be done.

AND WHEREAS the said specifications, the Schedule of Quantities and drawings havebeen signed by or on behalf of the parties hereto.

AND WHEREAS the Contractor has agreed to execute upon the subject to the Conditions

set forth herein and to the Conditions set forth in the Special Conditions and in theSchedule of Quantities and Conditions of Contract (all of which are collectively hereinafterreferred to as the said Conditions) the works shown upon the said drawings and/ordescribed in the said specification and included in the Schedule of Quantities at therespective rates therein set forth amounting to the sum as therein arrived at or such othersum as shall become payable there under(hereinafter referred to as the said ContractAmount)

NOW IT IS HEREBY AGREED AS FOLLOWS:

1) In consideration of said Contract Amount to be paid at the times and in the manner setforth in the said conditions, the Contractor shall upon and subject to the said

Conditions execute and complete the work shown upon the said Drawings anddescribed in the said Drawings and described in the said Specifications and theSchedule of Quantities.

2) The Bank shall pay the Contractor the said Contract Amount, or such other sum asshall become payable, at the times and in the manner specified in the said conditions.

3) The said Conditions and Appendix thereto shall be read and construed as forming partof this agreement and the parties hereto shall respectively abide by, submitthemselves to the said Conditions and perform the agreements on their partrespectively in the said Conditions contained.

4) The plans, agreement and documents mentioned herein shall form the basis of thisContract.

5) This Contract is neither a fixed Lump sum Contract nor a Piece work Contract but is aContract to carry out the Supply, Installation, Testing & Commissioning of SolarStreet Lights for Common Area at Banks Atre Layout Staff Quarters, Nagpur tobe paid for according to actual measured quantities at the rates contained in theSchedule of Rates and Probable quantities or as provided in the said Conditions.

6) The Contractor shall afford every reasonable facility for the carrying out of all worksrelating to civil works and other ancillary works in the manner laid down in the saidConditions, and shall make good any damages done to walls, floors etc. after thecompletion of such works.

7) The Bank reserves to itself the right of altering the Drawings and nature of the work byadding to or omitting any items of work or having portions of the same carried outwithout prejudice to this contract.

8) Time shall be considered as the essence of this Contract, and the Contractor herebyagrees to commence the work soon after the site is handed over to him or from tenthday after the day of issue of formal works order as provided for in the said Conditions,

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whichever is later, and to complete the entire work within 4 months , subjectnevertheless to the provisions for extension of time.

9) All payments by The Bank under this Contract will be made only at Reserve Bankof India, Estate Department, Nagpur440 001.10) All disputes arising out of or in any way connected with this agreement shall be

deemed to have arisen at Nagpur and only Courts in Nagpur shall have jurisdiction todetermine the same.

11) That the several parts of this Contact have been read by the Contractor and fully

understood by the Contractor.If the contractoris a Partnershipor an Individual

IN WITNESS WHEREOF The Bank and the Contractor have set theirrespective hands to these presents and two duplicate hereof the day andyear first hereinabove written.

If the contractoris a Company

IN WITNESS WHEREOF The Bank has set its hand to these presentsthrough its duly authorised official and the Contractor has caused itscommon seal to be affixed hereunto and the said two duplicate/has causedthese presents and the said two duplicates hereof to be executed on itsbehalf, the day and year first hereinabove written.

Signature Clause

SIGNED AND DELIVERED by the Reserve Bank of India by the hand ofShri

(name and designation). in the presence of(1)Address

(2)Address...

Witnesses

SIGNED AND DELIVERED BY1) Address2)..Address..

Witnesses

THE COMMON SEAL OFWas hereunto affixed pursuant to the

resolutions passedBy its Board of Directors at the meetingheld on

If the part is a partnership firm or any individualshould be signed by all or on behalf of all thepartners.

If the Contractor signs under its common Seal thesignature clause should tally with their sealingclause in the Articles of Associations.

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.In the presence of

( 1 ).( 2 )

.Directors who have signed thesepresents in taken thereof in thepresence of(1)

.(2)

SIGNED AND DELIVERED BY theContractor by the hand OfShri .and duly constituted attorney.

The Contractor is signing by the hand of power ofattorney whether a company or individual.

The Contractor is signing by the hand of power ofattorney whether a company or individual.

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shall include storage, watch and ward, temporary structures, lighting at night, toolsand tackles, labour and other services for erection and commissioning works.

(b) The rates shall also be firm and shall not be subject to exchange variations, labourcondition, fluctuations in railway freights or any conditions whatsoever. Tenderersmust include in their rates sales tax, excise duty, customs duty, octroi and anyother tax and duty or other levy levied by the Central Government or any StateGovernment or local authority, if applicable. No claim in respect of sales tax,

sales tax on works contract, excise duty, customs duty, octroi, service tax or othertax, duty or levy whether existing or future shall be entertained by the Employer.

(c) The work shall be carried out in such a manner that there shall be minimumDisru