Tender Document RCC
Tender Document RCC
Invites
Online Tender for Carrying out Furnishing and Electrical Work at RCC kolkata
located at 14th Floor United Tower
S PAGE
DESCRIPTION
NO NO
PART A – TECHNICAL BID
1. INDEX 2
2. NOTICE INVITING TENDER 3-6
3. INSTRUCTION TO BIDDERS 7-8
4. PURPOSE OF TENDER 9
5. APPENDIX TO FORM OF TENDER 10
6. ARTICLES OF AGREEMENT 11-12
7. GENERAL CONDITIONS OF CONTRACT 13-40
8. SPECIAL CONDITIONS OF CONTRACT 41-47
9. LETTER SUBMITTING TENDER 48
10. ANNEXURE-I: BIDDER’S INFORMATION 49
11. ANNEXURE-II: UNDERTAKING FOR LOCAL CONTENT FROM 50
BIDDER
12. ANNEXURE-III: UNDERTAKING FOR NON-BLACKLISTING / 51
DEBARRING AND BACK TO BACK WORKS
13. ANNEXURE-IV: COMPLIANCE STATEMENT 52
14. ANNEXURE-V: UNDERTAKING FOR PROCUREMENT FROM 53
COUNTRY SHARING LAND BORDER WITH INDIA
15. ANNEXURE-VI: : DETAILS OF INSURANCE POLICIES 54
16. ANNEXURE-VII: GUARANTEE BOND FOR WATER PROOFING 55-56
WORKS
17. ANNEXURE-VIII: GUARANTEE BOND FOR ANTI TERMITE 57-58
WORKS
18. PREFERRED MAKE OF MATERIAL 59-61
PART B - COMMERCIAL BID
19. COMMERCIAL BID (TO BE QUOTED ONLINE) 62
1. Online tenders are invited on item rate basis on behalf of Punjab National Bank
from Bank’s empanelled contractors of “Composite” category (of relevant
financial bracket corresponding to the estimated cost of the project), for
Furnishing and Electrical work at RCC Kolkata
13. Place of Physical Bid Punjab National Bank, Circle Office Kolkata South,
Submission & Opening 9th Floor United Tower 11 Hemanta Basu Sarani,
of Bids Kolkata 700001
Contact Person Subhankar Singha (Manager)
Punjab National Bank, Circle Office Kolkata South,
9th Floor United Tower 11 Hemanta Basu Sarani,
Kolkata 700001
Contact details: 8336977729
Email: cokolsouthgad@[Link]
Bank will be following the e-procurement process. The complete details of the
requirements for participation in the e-procurement process of the Bank are available
on the website [Link] which may be referred for details &
clarification. It is mandatory for the bidder to get itself registered on Bank’s website for
submission of online bids.
Note: - Technical bids will be opened in the presence of bidders who choose to attend
as above. The above schedule is subject to change. Notice of any changes will be
published on Bank’s website ([Link] & [Link] wherever
feasible. Further, please note that commercial bid opening date and time will be
intimated to the technically qualified bidders at a later date.
2. The Bidders intending to participate in this tender are required to get enrolled
on the Bank’s website i.e. [Link] Enrolment on the above
mentioned website is mandatory.
5. All the bidders are required to submit EMD of ₹ (49677/-) in form of Insurance
Surety Bonds, Account Payee Demand Draft (in favour of Punjab National Bank
payable at Kolkata.), Fixed Deposit Receipt (lien to be marked in favour of
PNB), Bankers’ Cheque (in favour of PNB) or Bank Guarantee (including e-
Bank Guarantee) (from any Scheduled Commercial Bank other than PNB) or
online payment in non-customer account (i.e. A/c No: 9022003171165A & IFSC
Code: PUNB0902200) of (the procuring office of Bank) by 08.06.2026… till
16:00 hrs, failing which, the bids shall be summarily rejected.
6. Bidders may submit their queries regarding any technical clarification before
08.06.2026… up to 10:00 hrs. No queries shall be entertained after last date
fixed for acceptance of queries.
8. Based on the clarification of conditions by the Bank, the intending bidder will
submit their unconditional acceptance on the prescribed format along with
tender document.
9. Bidders who have submitted EMD in the non-customer Bank account specified
in the tender document shall mandatorily submit copy of transaction receipt as
proof of submission. Any other mode of payment, i.e., Insurance Surety Bonds,
Account Payee Demand Draft, Fixed Deposit Receipt (lien to be marked in
favour of PNB), Bankers’ Cheque (in favour of PNB) or Bank Guarantee
(including e-Bank Guarantee) (from any Scheduled Commercial Bank other
than PNB) shall be submitted in original. Commercial bid of only those bidders
shall be opened who submit their tender in line with requirements of tender
documents and are acceptable to the Bank and the bidder who do not submit
EMD, their tenders will be summarily rejected.
10. First Envelope containing E.M.D. will be opened, and if the hard copy of the
same is received on time i.e. up to 16:00 Hrs on 08.06.2026 only then technical
bid will be opened. Hard copy i.e. EMD amount of Rs. 49,677/- is to be
submitted physically by the bidder in the office of the 9th floor United Tower 11
Hemanta Basu Sarani Kolkata 700001 on or before 16:00 Hrs on 08.06.2026
11. The commercial bid of only those bidders will be opened online in the presence
of participants or representatives of participating bidders as per the schedule
attached who have submitted the following: -
a. EMD in the correct format.
b. Duly signed and stamped copy of all pages of tender document.
c. Undertaking to be submitted to Bank by Bidder (in its letter head) (on stamp
paper of Rs.100/-) that “I/ We undertake and confirm that
1. Eligible similar work(s) has/ have not been executed through another
agency on back to back basis. Further that, if such a violation comes to the
notice of the Bank, then I/we are liable to be debarred for bidding in Bank in
future forever.
2. I/ We have not been black-listed/ debarred by any office of Bank/ DFS
or regulators like RBI, SEBI, IRDA etc/ Department of Expenditure, Ministry
of Finance Government Agency.”
Further that, if such a violation comes to the notice of the Bank, then I/we
shall be debarred for bidding in Bank in future forever. Also, if such violation
comes to the notice of the Bank before date of start of work, the Bank shall
be at liberty to forfeit the entire amount of Earnest Money Deposit.”
d. Self-certification that the bidder meets the “local content” requirement for
“Class-I local supplier” as per Annexure-II.
Note: - The bidder should be Class-I local supplier. “Class-I local supplier” means a
supplier or service provider, whose goods, services or works offered for procurement,
meets the minimum “local content” as prescribed for Class-I local supplier as per DPIIT
vide OM P-45021/2/2017PP (BE-II) dated 16.09.2020 issued the Public Procurement
(Preference to Make in India) Order 2017-revision. The “local content” requirement to
categorize a supplier as “Class-l local supplier” is minimum 50%. “Local content”
means the amount of value added in India which shall, unless otherwise prescribed
by the nodal ministry, be the total value of the item procured (excluding net domestic
indirect taxes) minus the value of imported content in the item (including all customs
duties) as a proportion of the total value, in percent.
12. The Tenders shall be valid for a period of not less than 90 days after the date
of opening of commercial bid online.
13. All disputes arising out of or in connection with this agreement shall be deemed
to have arisen in (Location) and only the courts of (Location) shall have the
jurisdiction to determine the same.
14. Please note that “hash submission” and “bid re-encryption” are compulsory
activities for participation in the bid. Further, all bidders who have submitted the
bid with “hash submission”, will necessarily have to re-encrypt their bid, failing
which the bid will remain encrypted and the bid will not be considered for
opening.
16. The Bank reserves the right to accept/reject any or all the offers submitted in
response to this advertisement without assigning any reason whatsoever.
17. The Bank will not be bound to accept the lowest tender and reserves the right
to accept or reject any or all the tenders without assigning any reasons
whatsoever.
18. Please note that, on tendering procedure through the electronic tendering
system refer to the Instructions for Using the Electronic Tendering System
document available along with the tender documents on
[Link]
19. Bidders registered under MSEs will also necessarily submit EMD (There
is no exemption for MSEs for procurement of works). If MSE bidders do
not enclose EMD, their bid will be summarily rejected as NON-
RESPONSIVE.
Chief Manager
3. INSTRUCTIONS TO BIDDERS
For the purpose of the present job, a two-envelope bidding process will be followed.
The response to the present tender will be submitted in two parts:
• Technical bid
• Commercial bid
The bidders will have to submit the technical bid in Banks e-procurement system as
well as in hard copy and commercial bids in only online form through Bank’s e-
procurement system.
Technical Bid will also contain the Compliance statement as per the Terms &
Conditions mentioned in the Tender Documents, and NOT contain any pricing or
commercial information at all. Technical bid documents with any commercial
information will be rejected.
In the first stage, only TECHNICAL BIDs will be opened and evaluated on the
parameter that the bidders have submitted the requisite tender fee (if applicable) and
EMD in the correct format. Only those bidders confirming compliance to all the terms
& conditions of Tender document shall be short-listed for commercial stage.
In the second stage, the COMMERCIAL BID of only those bidders, whose technical
bids are short listed i.e. bidders who have submitted the requisite tender fee (if
applicable) and EMD in the correct format, will be opened.
2. SUBMISSION OF BIDS
2.1 Bidders are required to strictly submit their bids in electronic form using the e-
procurement system at [Link] the Bank by using their digital
certificates of class III and above (both encryption and signing). All the interested
bidders should register themselves in the e-procurement system
[Link] for submitting the bids online, if they have not done earlier.
The Tender document and further corrigendum, if any can also be downloaded from
Bank’s website [Link]. Bids received after closing of the bid in the e-
procurement system are summarily rejected without any reason. The commercial bid
should be submitted online only.
Envelope No.1- EMD - Marked Cover-I
Envelope No.1 shall contain Earnest Money Deposit (EMD) of ₹49,677.00 (Forty
Nine Thousand Six Hundred Seventy Seven only) (2% of project cost. EMD shall be
accepted in form of Insurance Surety Bonds, Account Payee Demand Draft (in favour
of Punjab National Bank payable at ………….), Fixed Deposit Receipt (lien to be
marked in favour of Bank), Bankers’ Cheque (in favour of Punjab National Bank) or
Bank Guarantee (including e-Bank Guarantee) (from any Scheduled Commercial
Bank other than our own Bank) or online payment in non-customer account (i.e. A/c
No: 9022003171165A & IFSC Code: PUNB0902200) of the procuring office of Bank.
EMD is to be submitted with Envelope-I. EMD should be valid within the bid validity
period of 90 days. The bidder shall also extend the EMD validity without giving any
reasons, for the duration whatever requested by the Bank. This envelope shall be
super scribed “EMD for FURNISHING AND ELECTRICAL WORK AT RCC
KOLKATA
Both Envelope No. 1 and Envelope No. 2 shall be contained in a large envelope
superscribed “FURNISHING AND ELECTRICAL WORK AT RCC KOLKATA which
should reach the below mentioned address before the final date & time of bid
submission mentioned in the tender schedule.
3.1 Earnest Money Deposit (Sealed Cover: Envelope No. 1- EMD– Marked
Cover-I)
3.2 Documents required in Technical Bid Envelope (Sealed Cover: Envelope No.
2 – Technical Bid – Marked Cover-II):
a) Bidders undertaking letter
b) Bidder Information
c) Acceptance of Compliance Statement
d) Duly signed Tender document and corrigendum, if any
e) Power of attorney in favour of authorized person signing the Bid
documents.
Note:
a. All pages of the bid documents must be signed by authorized person.
b. All pages of the bid documents should be numbered in serial order i.e. 1, 2, 3…
c. Commercial bid to be submitted in e-procurement process only. No hardcopy
of the same be enclosed with the supporting documents. Submission of
Commercial Bid along with Physical submission of tender document will
summarily lead to rejection of the bid.
4. PRELIMINARY EXAMINATION
4.1 Bank will examine the bids to determine whether they are complete, whether
any computational errors have been made, whether required information has been
provided as underlined in the bid document, whether the documents have been
properly signed, and whether bids are generally in order.
5.1 The award of contract will be based on evaluation of technical bids (on the
parameter that the bidders have submitted EMD in the correct format as well as the
entire tender document has been signed and stamped by the authorized signatory)
and commercial bids. The bid determined as “not in order” as per the tender document
will be rejected by the Bank. The decision of the Bank is final towards evaluation of
the bid documents.
4. PURPOSE OF TENDER
Bank intends to take up Furnishing and electrical work at RCC Kolkata as per details
given in schedule of quantities/ tender documents.
5. APPENDIX TO FORM OF TENDER
10. Period of Honouring 15 days from date of receipt of certificate from the official
Certificate assigned by Bank/ Site Engineer
11. Refund of total Retention money will be refunded within 30 days after
Security Deposit end of the defect liability period, provided that contractor
has satisfactorily carried out all the works attended to
all defects in accordance with the conditions of the
Contract, including the site clearance.
This agreement is made at Delhi on.............. Day of.................... 20… between Punjab
National Bank, a body corporate constituted under the Banking Companies
(Acquisition and transfer of Undertaking Act 1970) having its Corporate office at Plot
No. 4, Sector 10, Dwarka, New Delhi – 110075 and its ……………………………
Division/ Office (Hereinafter referred to as “The Bank “which expression shall be
deemed to mean and include its successor, administrators and assigns) of the one
part & ....................................... (Herein after called "the Contractor/successful bidder"
which expression shall be deemed to mean and include its successor, administrators
and assigns) of the other part.
After discussion, the Bank and the bidder agree to enter into this agreement on the
terms and condition set out hereunder:
1. In this agreement words and expressions shall have the same meaning as are
respectively assigned to them in the said conditions of contract hereinafter referred to:
2. The following documents, terms and conditions contained therein shall form
and construe as integral part and parcel of this agreement and be read as part and
parcel of this agreement, viz.
a. Original tender document duly signed and stamped on each page by the
authorised signatory of the bidder;
b. Relevant correspondence letters / communication forming parts of contract and
referred to in acceptance letter;
c. Acceptance of Award of Work;
d. Bill of quantities;
e. Corrigendum/Addendums (if published); and
f. Other additional documents as may be required.
7. All disputes arising out of or in connection with this agreement shall be deemed
to have arisen in …….. (location) and only the courts of ……….. (location) shall have
the jurisdiction to determine the same.
8. Notices as required by the agreement that shall be entered with the successful
bidder shall be sent to the addresses as would be mentioned first therein or such other
addresses as the Parties may designate from time to time, and shall be sent by
certified or registered mail with acknowledgement due on receipt.
Said Said
(Name) (Name)
Name: Name
Address: Address:
This form is included in the tender documents only for the information of the bidders.
Only the successful bidder will be in due course, required to complete the form.
7. GENERAL CONDITIONS OF CONTRACT (GCC)
Except where provided for in the description of the individual items in the Schedule of
quantities and in the specification and conditions laid down herein after and in the
drawings, the work shall be carried as per standard specifications and under the
directions of the Bank.
1) INTERPRETATION
i. Bank: The term Bank shall denote Punjab National Bank with their Corporate
Office at Plot 4, Sector 10, Dwarka, New Delhi, and any of its employees or
representative authorized to act on its behalf.
ii. The Bank: The term Bank shall mean Punjab National Bank, the Bank.
iii. The Engineer-in-charge: The term means Engineer of the Bank deployed to look
after the work.
iv. Contractor: The term Contractor shall mean M/s ------------- (name and address of
the Contractor) and his/their heirs, legal representatives assigns and successors.
vi. Site Engineer: The Site Engineer may be appointed by the Bank. The Bank may
also determine the number of Site Engineers and the supporting staff at site office
to assist him/ her and also whether the Site Engineer shall be temporary or
permanent. As far as possible, the Site Engineer should assume charge of his
post before the Contractor reports onsite of work. Where more than one Site
Engineer is appointed, one of them shall be designated as Senior Site Engineer
by the Bank and the other Site Engineer shall be reporting to the Senior Site
Engineer.
vii. Specifications and Drawings: The work is to be carried out by the Contractor in
accordance with drawings, specifications, the schedule of quantities and any
further drawings, which may be supplied, or any other instruction, which may be
given by the Bank from time to time during the execution of the work.
viii. Drawings relating to work given to the Contractor together with a copy of schedule
of quantities are to be kept at site and Bank shall be given access to such drawings
or schedule of quantities whenever necessary.
ix. In case any detailed drawings are necessary, Contractor shall prepare such
detailed drawings and/or dimensional sketches therefore and have it confirmed by
the Bank prior to taking up such work.
x. The Contractor shall ask in writing for all clarifications on matters occurring
anywhere in drawings, specifications and schedule of quantities or to additional
instructions at least ten (10) days ahead of the time when it is required for
implementation so as to enable the Bank to give a decision thereon.
xi. "The Work" shall mean the work or works to be executed or done under this
contract.
xii. "Act of Insolvency" shall mean any act as such as defined by the Presidency
Towns Insolvency Act or Provincial Insolvency Act or any Amending Statutes.
xiii. “The Schedule of Quantities" shall mean the schedule of quantities as specified
and forming part of this contract.
xiv. Order of precedence for any ambiguity in the schedule of quantities, general
conditions, special conditions, specifications and drawings for the Contractor shall
be as per the decision of the Bank and the same will be binding on the Contractor,
and shall be read as under in the decreasing order of importance.
a) Schedule of Quantities.
b) Drawings.
c) Special Conditions
d) General Conditions.
e) Standard (Technical) Specifications of Contract.
f) C.P.W.D specifications.
g) Bureau of Indian Standards specifications.
h) State P.W.D./General Engineering Practice.
i) Integrity Pact.
Any ambiguity observed shall be brought to the notice of Bank and shall be executed
only after obtaining approval from the Bank. In case of any ambiguity between the
above, the most stringent one shall follow.
2) SCOPE OF WORK
The contractor shall forthwith comply with and duly execute any work comprised in
such Bank's or his representative's instructions, provided always that verbal
instructions, Directions and explanations given to the contractor's or his representative
upon the works by the Bank or his representative shall, if involving a variation, be
confirmed in writing to the contractor/s within seven days. No works for which rates
are not specifically mentioned in the commercial bid shall be taken up without written
permission of the Bank or his representatives. Rates of items not mentioned in the
commercial bid shall be fixed by the Bank as provided in Clause "Variation/Deviations"
hereunder.
Regarding all factory-made products for which ISI marked products are available, only
products bearing ISI marking shall be used in the work unless otherwise specifically
requested by Bank.
3) VISIT OF SITE
Intending Bidder shall visit the site and make himself thoroughly acquainted with the
local site conditions, nature and requirements of the works, facilities of transport
conditions, effective labour and materials, accesses and storage for materials and
removal of rubbish. The Bidder shall provide in their bid for cost of carriage, freight
and other charges as also for any special difficulties and including
police/administrative restriction for transport etc. for proper execution of work as
indicated in drawings. The successful Bidder will not be entitled to any claim of
compensation for difficulties faced or losses incurred on account of any site conditions
which existed before the commencement of the work or which in the opinion of the
Bank might be deemed to have reasonably been inferred to be so existing before
commencement of work.
4) TENDERS
The e-tender should be submitted by bidder duly quoted commercial bid and also
digitally signed.
The commercial bid shall be filled in as follows:
i. The rates column to be filled.
ii. The Bank reserves the right to reject the lowest or any tender.
The Bank reserves the right to accept the tender in full or in part and the bidder shall
have no claim for revision of rate or other conditions if his tender is accepted in parts.
The bidders should note that the tender is strictly on item rate basis and their attention
is drawn to the fact that the rates for each and every item should be correctly worked
out and self-supporting. The Bank may call upon a bidder for the detailed analysis of
any or all of the rates shall be quoted/submitted by the Contractor. The Bank shall not
be bound to recognize the Contractor's analysis.
The works shall be paid for as "measured work" on the basis of actual work done and
not as "lump sum" contract.
All items of work described in the schedule of quantities are to be deemed and paid
as complete works in all respects and details including preparatory and finishing works
involved directly related to and reasonably detectable from the drawings,
specifications and schedule of quantities and no further extra charges will be allowed
in this connection. In the case of lump sum charges in the tender in respect of any item
of works, the payment of such items of work shall be made for the actual work done
on the basis of lump sum charges as shall be assessed to be payable by the Bank
and the same shall be binding on the Contractor.
The Bank has power to add to, omit from any works as shown in drawings or described
in specifications or included in schedule of quantities and intimate the same in writing
to the Contractor. However, no addition, omission or variation shall be made by the
Contractor in any of the works without specific authorization from the Bank, and any
such variation by the Bank shall not vitiate the contract.
The bidder shall note that his bid shall remain open for consideration for a period of
90 days from the date of opening of commercial bid.
6) CLARIFICATIONS OF BIDS
The Bank to assist itself in the examination, evaluation and comparison of bids, may,
at its discretion, ask any bidder for a clarification. The response should be in writing
and no change in the price or substance of the bid shall be sought, offered or
permitted.
Bids once submitted will be treated as final and no bid may be modified subsequent
to the deadline for Bid Hash Preparation.
No bid may be withdrawn in the interval between the deadline for submission of bids
and the expiration of period of bid validity specified in tender documents. For
withdrawal of bid after the end date of online bid submission, the bidder will have to
make a request in writing to Tender Inviting Authority of Bank. Withdrawal of bid may
be allowed till issue of issue of work order with the following provision of penal action:
i. If the request of withdrawal is received before fixing the date for opening of
commercial bid, the EARNEST MONEY DEPOSIT submitted by bidder will be
forfeited and bidder will be debarred for 6 months from participating in tenders
in Punjab National Bank. The commercial bid of remaining technically qualified
bidders will be opened and the tender process shall go on.
ii. If the request of withdrawal is received after fixing the date for opening of
commercial bid, the EARNEST MONEY DEPOSIT submitted by bidder will be
forfeited and bidder will be debarred for 1 year from participating in tenders in
Punjab National Bank. The commercial bid of all technically qualified bidders
including this bidder (if he found technically eligible) will be opened and action
will follow as under:
a) If the bidder withdrawing his bid is other than L-1, the tender process shall go
on.
b) If the bidder withdrawing his bid is L-1, the re-tendering shall be done.
9) AGREEMENT
The successful Contractor may be required to sign agreement as may be drawn up to
suit local conditions and shall pay for all stamps and legal expenses, incidental thereto.
11) PUBLICITY
In connection with the transactions contemplated by this engagement/agreement each
Party agrees that it will not use other Parties name, marks, symbols, or logos in any
advertising, promotional material, press release, publication, public announcement, or
through other media, whether written or oral, without the prior written consent of such
other Party.
12) NON-EXCLUSIVITY:
The rates quoted against individual items will be inclusive of everything necessary to
complete the said items of work within the contemplation of the contract and beyond
the unit price. No extra payments will be allowed for incidental or contingent work,
labour and/or materials inclusive of all taxes and duties whatsoever except for specific
taxes, if any, stipulated in the tender documents.
The Contractor shall supply, fix and maintain at his own cost for the execution of work,
all tools tackles, machinery and equipment and all the necessary centering,
scaffolding, fencing, boarding, watching and lighting by night as well as by day
required not only for the proper execution and protection of the said work but also for
the protection of the public and safety of any adjacent roads, streets, walls, houses,
buildings all other erections, matters and things and Contractor shall take down and
remove any or all such centering, scaffolding, planking, timbering, strutting, shoring
etc. as occasion shall be required or when ordered to do so and shall fully reinstate
and matters and things distributed during the execution of works to the satisfaction of
the Bank.
The Contractor shall at all times give access to workers by the Bank or any men
employed on the buildings.
The work shall not be considered as completed until the Bank have certified in writing
that work has been completed and the defects liability period shall commence from
the date of such certificate.
In case of such strikes or lock-outs, as are referred to above, the Contractor shall
immediately give the Bank, written notice thereof. Nevertheless, the Contractor shall
use his best endeavors all that to prevent delay, and shall do all that may be
reasonably required, to the satisfaction of the Bank to proceed with the works and on
his doing so that it will be ground of consideration by the Bank for an extension of time
as above provided. The decision of Bank as to the period to allow for an extension of
time for completion hereunder (Which decision shall be final and binding on the
Contractor) shall be promulgated at the conclusion of such strike or lock-out and the
Bank shall then, in the event of an extension being granted, determine and declare
the final completion date. The provision in clause 20.4 with respect to payment of
liquidated damages shall, in such case, be read and construed as if the extended date
fixed by the Bank were substituted for and the damage shall be deducted accordingly.
Should the work be not completed to the satisfaction of the Bank within the stipulated
period, the Contractor shall be bound to pay to the Bank a sum calculated as given
below by way of liquidated damages and not as penalty during which the work remains
un-commenced or unfinished after the expiry of the completion date.
0.5% of the contract amount shown in the tender per week subject to the ceiling of
7.5% of the accepted contracted sum. Any delay beyond this, Punjab National Bank
shall be free to terminate the contract and get the work done from an alternate source
at the risk of the contractor.
21) TOOLS, STORAGE OF MATERIALS, PROTECTIVE WORKS AND SITE
OFFICE REQUIREMENTS
The Contractor shall provide, fix up and maintain in an approved position proper office
accommodation for the Contractor's representative and staff which offices shall be
open at all reasonable hours to receive instruction notices or communications and
clear away on completion of the works and make good all work disturbed.
The contractor shall provide at his own cost all artificial light required for the work to
complete the work within the specified time.
The contractor shall arrange for temporary latrines and other welfare provision as per
the applicable labour laws, for the use of workers and field staff and keep the same in
a clean and sanitary condition to the satisfaction of the Public Health Authorities and
shall cause such latrines and soil to be cleared away whenever necessary and shall
make good all the works disturbed by these conveniences.
The contractor shall not fix or place any placards or advertisement of any description
or permit the same to be fixed or placed in or upon any boarding, gantry, building
structure other than those approved by the Bank.
Protective Measures: The contractor from the time of being placed in possession of
the site must make suitable arrangements for watching, lighting and protecting the
work, the site and surrounding property by day, by night, on Sundays and other
holidays.
Contractor shall indemnify the Bank against any possible damage to the building,
roads, or members of the public in course of execution of the work.
Storage of materials: The contractor shall maintain proper storage and adequate
protection of the materials etc. and other work that may be executed on the site
including the tools and materials and remove same on completion.
Godown shall be erected / provided for storing about six weeks' requirement of
material. Structure shall be water-proof from all the sides and top. Material should be
stored one feet-above the ground level and have pucca/ wooden raised floor.
Tools: Theodolite levels, prismatic compass, chain, steel and metallic tapes and all
other surveying instruments found necessary on the works shall be provided by the
contractor for the due performance of this contract as instructed by the official
assigned by Bank/ Site Engineer. All measuring tapes shall be of steel and suitable
scaffolding and ladders that may be required for safely taking measurement shall be
supplied by the contractor.
The mistries and the supervisors on the works shall carry with them always a one
metre or two metre steel tape, a measuring tape of 30 metres, a spirit level, a plumb
bob and a square and shall check the work to see that the work is being done
according to the drawing and specifications. The official assigned by Bank/ Site
Engineer will use any or all measuring instruments or tools belonging to the contractors
as he chooses for checking the works executed or being executed on the contract.
The contractor should cover in his rates for making provision for all reasonable
facilities for the use of his scaffolding, tools and plant etc., for their work and no claims
shall be entertained afterwards by the Bank in any case whatsoever.
The Contractors shall arrange to give all notices required for by the said acts,
regulations or By- laws to be given to any authority, and to pay to such authority or to
any public officer all fees that may be properly chargeable in respect of the work and
lodge the receipts with the Bank.
The Contractor shall indemnify the Bank against all claims in respect of patent rights,
royalties, and damages to buildings, roads or member of public in course of execution
of work and shall defend all actions arising from such claims and shall keep the Bank
saved harmless and indemnified in all respects from such actions, costs and
expenses.
25) ACCESS
Any authorized representative of the Bank shall at all reasonable times have free
access to the works and / or to the workshops, factories or other places where
materials are being prepared or constructed for the work and also to any place where
the materials are lying or from where they are being obtained, and the Contractor shall
give every facility to the Bank or their representatives necessary for inspection and
examination and test of the materials and workmanship. Except the representatives of
the Bank, no person shall be allowed at any time without the written permission of the
Bank.
If required by the Bank, the Contractor at his own cost shall have to carry out tests on
materials and workmanship in approved materials testing laboratories or as prescribed
by the Bank to prove that the materials etc. under test confirming to the relevant IS
standards or as specified in the specifications. The necessary charges for preparation
of sample, transporting, testing etc. shall have to be borne by the Contractor. No extra
payment on this account would in any case be entertained by the Bank.
All the materials (except where otherwise described) stores and equipment required
for the full performance of the work under the contract must be provided through
normal channels and must include charge for import duties, sales taxes, octroi, GST
and other charges and must be the best of their kind available and contractors must
be entirely responsible for the proper and efficient carrying out of the work. The work
must be done in the best workman like manner. Samples of all materials to be used
must be submitted to the Bank when so directed by the official assigned by Bank/ Site
Engineer and a written approval from Bank must be obtained prior to the placement of
order of such materials.
During the inclement weather the Contractor shall suspend works for such times as
the Bank may direct and shall protect from damage all work during course of execution.
Any damage (during repair & renovation) to any part of the work for any reason due to
rain, storm or neglect of Contractor shall be rectified by the Contractor in an approved
manner at no extra cost to the Bank.
Should the work be suspended by reason of rain, strike, lock-outs or any other cause,
the Contractor shall take all precautions necessary for the protection of work and at
his own expense shall make good any damage arising from any of these causes.
The Contractor shall cover up and protect from damage, from any cause, all new work
and supply all temporary doors, protection to windows, and any other requisite
protection for the execution of the work whether by himself or special tradesmen or
sub-Contractor and any damage caused must be made good by the Contractor at his
own expenses.
Contractor to carry out all mandatory tests as per CPWD specifications besides the
tests required to be done as ordered and desired by the Bank to prove that quality of
material conforms to tender provisions. Cost of such tests shall be borne by the
contractor and no extra payment in this regard shall be payable.
The Site Engineer shall have power to give notice to the Contractor or to his foreman
of non- approval of any work or materials and such work shall be suspended or the
use of such materials shall be discontinued until the decision of the Bank is obtained.
The work will from time to time be examined by the Engineer from the premises
department of the Bank and the Site Engineer, if any, but such examination shall not
in any way exonerate the contractor from the obligation to remedy and defects which
may be found to exist at any stage of the work or after the same is complete. Subject
to the limitations of this clause, the Contractor shall take instruction only from the Bank.
The Contractor shall employ local labourers on the work as far as possible. No labourer
below the age of eighteen years and who is not an Indian national shall be employed
on the work. Any Labourer supplied by the Contractor to be engaged on the work on
day work basis either wholly or partly under the direct order or control of the Employer
or his Representatives, shall always be deemed to be a person employed by the
Contractor.
The Contractor shall maintain relevant records and comply with the provisions of all
applicable labour legislations, rules and regulations framed thereunder, both state and
central, including but not limited to the requirements of:-
a. The Payment of Wages Act
b. Employer’s Liability Act
c. Workmen’s Compensation Act
d. Contract labour (Regulation 7 Abolition) Act, 1970 and Central Rules 1974
e. Apprentices Act 1961
f. Minimum Wages Act 1948.
g. Industrial Disputed Act. 1947.
h. Maternity Benefit Act 1961.
i. ESI Act.
j. Payment of Bonus Act.
k. Payment of Gratuity Act.
l. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
m. Any other Act are enactment relating thereto and rules framed there under from
time to time.
The Contractor shall keep the Employer saved, harmless and indemnified against all
the claims under applicable labour laws or otherwise, if any, of the workmen or any
other person and all costs and expenses as any be incurred by the Employer in
connection with any claim that may be made by any workman or any other person.
The successful bidder shall be responsible for settling any claim / compensation
against any and all damages and accidents caused due to negligence on the part of
his employees/workers engaged by it for fulfilling the obligations under this agreement
and keep Bank indemnified from any compensation / liability.
Bank shall not be responsible for any violation by the Contractor on the above
mentioned acts/ rules. The Contractor shall be wholly/ solely responsible for any claim
in the above referred subjects.
The contractor shall be responsible for all statutory provisions and deductions towards
ESI, PF or any other applicable Labour Laws, as the case may be or any other levies
and taxes shall be borne by the contractors.
The contractor shall be responsible for payments of all statutory dues with respect to
each of his personnel/employees engaged by him to render service under this
Agreement with respect to each applicable/extant labour law. No dues/contributions
under any labour legislations as applicable, remain payable by the Employer with
respect to his personnel/employees, and the contractor shall produce all records to
the Engineer-in-charge or any other statutory authority as and when called for. The
Engineer- in-charge does not hold any responsibility on account of any lapses in this
regard. The contractor shall submit an undertaking in this regard with each bill
confirming payment of all dues of sub-contractors and all statutory wages to labour
working under him/her/sub-contractor.
Bank shall not be held responsible for any penalty on failure of the any Labour
Regulations. Bank shall have the power to inspect the Wage Register and for physical
verification of salary paid to the staff with reference to any records of the Contractor
and to insist the Contractor to comply with Laws.
The Contractors shall arrange to provide first-aid treatment to the labourers engaged
on the works. He shall within 24 hours of the occurrence of any accident at or about
the site or in connection with execution of the works, report such accident to the
employer and also to the competent authority where such report is required by law.
31) ASSIGNMENT
The whole of the works included in the contract shall be executed by the Contractor
and the Contractor shall not directly or indirectly transfer, assign or sublet the Contract
or any part, share or interest therein nor, shall take a new partner without written
consent of the Bank and no subletting shall relieve the Contractor from the full and
entire responsibility of the contract or from active superintendence of the work during
their progress.
The Contractor shall be responsible for all injury (ies) to the worker or workmen or
persons, animals or things and for all damages to the project works, materials,
equipment, structural and / or decorative part of property which may arise from the
operations or neglect of himself or employees/workers 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 inter-alia any damage to buildings whether
immediately adjacent or otherwise and any damage to roads, streets, foot paths or
ways as well as damages caused to the buildings and the works forming the subject
of this contract by rain, wind or other inclemency of the weather.
The Contractor shall reinstate, rectify and remedy all damages of every sort mentioned
in this clause so as to deliver the whole of the contract works complete and perfect in
every respect and so as to make good or otherwise satisfy all claims for damages to
the property or third party.
The clause shall be held to include inter-alia any damage to buildings whether
immediately adjacent or otherwise and any damage to roads, streets, foot paths or
ways as well as damages caused to the buildings and the works forming the subject
of this contract by rain, wind or other inclemency of the weather. The Contractor shall
indemnify the Bank and hold harmless in respect of all and any expenses arising from
any such injury or damages to persons or property as aforesaid and also in respect of
any claim made in respect of injury or damage under any acts of compensation or
damage consequent upon such claim.
The Contractor shall reinstate, rectify and remedy all damages of every sort mentioned
in this clause so as to deliver the whole of the contract works complete and perfect in
every respect and so as to make good or otherwise satisfy all claims for damages to
the property or third party.
34) INSURANCE
Unless otherwise instructed the Contractor shall insure the works for all risk (include
fire & third party) of the Contractor for 125% of the total tender value in the joint names
of the Punjab National Bank and the contractor (the name of Punjab National Bank
placed first in the policy) and keep them insured until the virtual completion of the
contract against any loss or damage of the material and of project. The insurance must
be placed with a company approved by Punjab National Bank for such amount and for
any further sum if called to do so by Punjab National Bank. The premiums of such
further sum being allowed to the Contractor as an authorized extra. The Contractor
shall deposit the policy and receipt of premium paid with Punjab National Bank within
three (3) days from the date of issue of work order unless otherwise instructed.
In default of the Contractor insuring as provided above, Punjab National Bank on its
behalf may so insure and may deduct the premiums paid from any money due, or
which may become due to the Contractor. The Contractor shall as soon as the claim
under the policy is settled or the work reinstated by Insurance Company should they
elect to do so, proceed with due diligence with the completion of the works in the same
manner as though the fire has not occurred and in all respects under the conditions of
the contract. The Contractor in case of rebuilding or reinstatement after fire shall be
entitled to extension of time for completion, as the Bank may deem fit.
36) MEASUREMENTS
Before taking any measurement of any work the official assigned by Bank/ Site
Engineer or a subordinate deputed by him shall give reasonable notice to the
Contractor. If the Contractor fails to attend at the measurements after such notice or
fails to countersign or to record the difference within a week from the date of
measurement in the manner required by the official assigned by Bank/ Site Engineer
then in any such event the measurements taken by the official assigned by Bank/ Site
Engineer or by the subordinate deputed by him as the case may be is final and binding
on the Contractor and the Contractor shall have no right to dispute the same.
37) PAYMENTS
All bills shall be prepared & submitted by the Contractor in the form prescribed by the
Bank. Normally one interim bill shall be prepared each month subject to minimum
value for interim certificate as stated in these documents. The bills in proper forms
must be duly accompanied by detailed measurements in support of the quantities of
work done and must show deductions for all previous payments, retention money etc.
The bill shall be checked at site by official assigned by Bank/ Site Engineer shall issue
a certificate after due scrutiny of the Contractor’s bill which may be further verified by
the Bank and the Contractor shall be entitled to payment thereof within the period of
honouring certificates named in these documents, as per final verified amount by the
Bank. In case of delay, an Adhoc advance of 75% of the billed amount /assessed work
done may be paid on the request of the Contractor for the smooth progress of work at
the sole discretions of the Bank.
The amount as stated in an interim certificate shall be the total value of work properly
executed and secured advance on the materials as described under the heading of
secured advance less the amount to be retained by the Bank as retention Money vide
clause 18 (iii) of these conditions and less installments previously paid under these
conditions, provided that such certificate shall only include the value of said material
and goods as and from such time as they are reasonably, properly and not prematurely
brought to or placed adjacent to the work and then only if adequately protected against
whether or other casualties.
The Bank will deduct retention money as described in Clause 18 (ii) of these
Conditions. The refund of retention money will be made as specified in the said clause.
If the Bank had supplied any materials or goods to the Contractor, the cost of any such
materials or goods will be progressively deducted from the amount due to the
Contractor in accordance with the quantities consumed in the work.
All the interim payments shall be regarded as payment by way of advance against the
final payments only and not as payments for work actually done and completed and
shall not preclude the requirement of bad or unsound or imperfect or unskilled work to
be removed and taken away and be reconstructed or re-erected or to be considered
as an admission of the due performance of the contract or any part thereof in any
respect or the accruing of any claim. Any interim payments shall not conclude or
determine or affect in any way the powers of the Bank under these conditions or any
of them as to the final settlement and adjustment of the accounts or otherwise or in
any other way to vary or affect the contract. The final bill shall be submitted by the
Contractor within one month of the date fixed for completion of the work or of the date
of certificate of virtual completion furnished by Bank and payment shall be made within
30 Days from the date of submission of appropriate invoice.
The Contractor shall send to the Bank once in every month a statement giving
particulars, as full and as much detailed as possible, of all claims for any additional
payment to which the Contractor may consider himself entitled and of all extra or
additional works ordered by the Bank which he has executed during the preceding
month.
No interim claim for payment for any such work or expense, will be considered which
has not been included in such a statement provided always that the Contractor shall
be entitled after taking Bank’s sanction to authorize payment to be made for any such
work or expense, notwithstanding the Contractor’s failure to comply with this condition.
The rates for additional, altered substituted work shall be arrived at in accordance with
the following rules:-
i. The net rates in the commercial bid shall determine the valuation of (the rates
for) the extra work (items) where such extra work is of similar character and is
executed under similar conditions as the work price mentioned therein.
ii. If the rates for the extra altered or substituted or (deviated) work are not
provided for (available) in the schedule of quantities, they shall, to the extent possible
be derived out of rate given in that schedule for similar or near similar items. For the
purpose of such deviation, where necessary and when so directed, the Contractor
shall furnish detailed analysis for the said similar or near similar items in the contract
schedule.
iii. In respect of contract which incorporates more than one schedule, the rate
applicable in case (i) above if not provided for in the Schedule pertaining to the work
in which the addition, alteration or substitution (deviation) occurs shall be taken as the
lowest applicable rate in other schedules. Similarly in case (ii) above if similar in near
similar items cannot be found in the schedule pertaining to the work in which the
addition, alteration or substitution (deviation) occurs, similar or near similar items from
the other schedule shall be adopted.
iv. In the case of additional, altered, substituted (deviated) for which rates cannot
be reasonably be derived as at (ii) and (iii) above, the rates shall be worked out
adopting market rate, substantiated by purchase bills / vouchers using factors and
constants for quantum of materials, labour, T&P and sundries from standard analysis
of rates adopted by the CPWD and adding 15% towards profit & overheads and taxes
and multiplied by (total quoted tendered amount divided by estimated cost put to
tender), if tendered amount is below the estimated cost put to tender. However, if
tendered amount is above the estimated cost put to tender, the extra item shall be
calculated by market rate analysis (i.e. market rates sustained by purchase bill /
vouchers dependable printed price schedule of materials of different type shall be
adopted, using factors and constant for quantum of materials, labour, T&P and
sundries, from standard analysis of rates adopted by the CPWD, and adding 15%
towards profit & overheads and taxes). When called upon to do so the Contractors
shall submit his purchase bills / vouchers to the Bank.
v. The question as to what particular items, being similar or near similar to the
additional, altered or substituted (deviated) work in the contract schedule are to be
adopted for deviation of rates for the additional, altered for substituted deviated work
and whether the said rates cannot be derived from similar or near similar items in the
contract schedule shall be decided by the Bank and the same shall be binding on the
Contractor.
vi. In case (ii) to (iv) the Contractor is required to submit his analysis of rates
adopting the principles enunciated, after scrutinizing the analysis any other papers
furnished will allow such rates as he considers reasonable after obtaining Bank’s
sanctions. The Bank shall not be bound by such analysis of the Contractor.
vii. Where extra work is of such a nature that it cannot be properly measured or
valued, the Contractor shall be allowed day work priced at the net rates stated in the
tender or commercial bid or if not so stated then in accordance with the minimum local
day work rates and wage for the district notified by the concerned authority provided
that in either case if required by the Bank, vouchers, muster rolls and other documents,
required for proper verification of the labour employed and the materials deployed on
the said work and the costs thereof be delivered to the official assigned by Bank/ site
Engineer or his representative on or before the end of the week following that in which
work has been executed.
viii. The question as to whether extra work is of such nature that it cannot be
properly measured or valued will be decided by the Bank. The margin to be allowed
on actual costs to the Contractor towards profit and overhead shall be 15% and taxes
and multiplied by (total quoted tendered amount divided by estimated cost put to
tender), if tendered amount is below the estimated cost put to tender. However, if
tendered amount is above the estimated cost put to tender, the extra item shall be
calculated by market rate analysis (i.e. market rates sustained by purchase bill /
vouchers dependable printed price schedule of materials of different type shall be
adopted, using factors and constant for quantum of materials, labour, T&P and
sundries, from standard analysis of rates adopted by the CPWD, and adding 15%
towards profit & overheads and taxes).
41) DEVIATION FOR TENDER QUANTITIES UPTO 25% & ABOVE 25%
The tender rates shall hold good for any increase in the tendered quantities up to
variation of 25%. In case tender quantities of an individual item exceeds the deviation
limit of 25% the rates for the excess quantities over and above the deviation limit shall
be payable as per market rates analysis or quoted rates in tender, whichever is lower.
The market rates analysis sustained by purchase vouchers / bill using constant only
of materials, labour, T&P etc. from all Indian Standard analysis of rates published by
CPWD with 15% towards Contractors profit & Overheads and taxes.
42) SUBSTITUTION
Should the Contractor desire to substitute any materials and workmanship, he/they
must obtain the approval of the Bank in writing for any such substitution well in
advance. Materials designated in this specification indefinitely by such terms as
“Equal” or “other approved” etc., specific approval of the Bank has to be obtained in
writing. The rate of substitution item shall be calculated as per market rate analysis,
sustained by purchase vouchers / bill using constant only of materials, labour, T&P
etc. from all Indian Standard analysis of rates published by CPWD with 15% towards
Contractors profit & Overheads and taxes and multiplied by (total quoted tendered
amount divided by estimated cost put to tender), if tendered amount is below the
estimated cost put to tender. However, if tendered amount is above the estimated cost
put to tender, the extra item shall be calculated by market rate analysis (i.e. market
rates sustained by purchase bill / vouchers dependable printed price schedule of
materials of different type shall be adopted, using factors and constant for quantum of
materials, labour, T&P and sundries, from standard analysis of rates adopted by the
CPWD, and adding 15% towards profit & overheads and taxes).
These registers are required to be signed by the official assigned by Bank/ Site
Engineer on a daily basis.
The Engineer on behalf of the Bank associated with this operation, shall be apprised
of the importance to carry out periodic inspections (at two months’ interval) for defects
not rectified or fresh ones that crop up and issuing notice for their rectification to the
concerned Contractors and the final inspection just before the expiry of the defects
liability period.
b. Scaffolding or staging more than 4M, above the ground floor, swung or
suspended from an overhead support or erected with stationery support shall have a
guard rail properly bolted, braced or otherwise secured, at least 1M, above the floor
or platform of such scaffolding or staging and extending along the entire length of the
outside and ends thereof with only such openings as may be necessary for the delivery
of materials. Such scaffolding or staging shall be so fastened as to prevent it from
swaying from the building or structure.
e. Where ever there are open excavations in ground, they shall be fenced off by
suitable railing and danger signals installed at night so as to prevent persons slipping
into the excavations.
f. Safe means of access shall be provided to all working places. Every ladder
shall be securely fixed. No portable single ladder shall be over 9M, in length while the
width between side rails in rung ladder shall in no case, be less than 290 mm, for
ladder up to and including 3M, in length for longer ladders this width shall be increased
at least 20 mm for each additional meter of length.
iii) DEMOLITION/DISMANTLING
Before any demolition/dismantling work is commenced and also during the process of
the work:
a. No electric cable or apparatus which is liable to be a source of danger over a
cable or apparatus used by the operator shall remain electrically charged.
b. All practical steps shall be taken to prevent danger to persons employed from
the risk of fire or explosion or flooding. No floor, roof or other part of the building shall
be so over-loaded with debris or materials as to render it unsafe.
When the work is done near any public place where there is risk of drowning all
necessary equipments should be provided and kept ready for use and all necessary
steps taken for prompt rescue of any person in danger and adequate provision should
be made for prompt first aid treatment of all injuries likely to be sustained during the
course of the work.
The Bank shall have a right to cause a technical examination and audit of works and
the final bills of the Contractor including all supporting vouchers, abstract etc. to be
made at the time of payment of the final bill. If as a result of this examination or
otherwise any sum is found to have been over paid in respect of any work done by the
Contractor under the contract the Contractor shall be liable to return the amount of
over payment and it shall be lawful for the Bank to recover the same from him from
any sum or sums due to him and in any other manner legally permissible and if it is
found that the Contractor was paid less than what was due to him under the contract
in respect of any work executed by him under it, the amount of such under payment
shall be duly paid by the Bank.
Any sum of money due and payable to the Contractor (including Security Deposit
returnable to him) under this contract may be appropriated by the Bank and set off
against any claim of the Bank of the payment of a sum of money arising out of or under
any other contract made by the Contractor with Bank.
Such events may include, but are not restricted to, war or revolution and epidemics. If
a force majeure situation arises, the Contractor shall notify within 30 days the Bank in
writing of such condition and the cause thereof. Unless otherwise directed by the Bank
in writing, the Contractor shall continue to perform its obligation under the contract to
the extent possible mitigate the consequences of the force majeure event and make
all necessary alternative arrangements to perform their obligations and accordingly ,
and shall seek all alternative means of performance not prevented by the force
majeure event.
Provided further that in case of delay of Services, which shall be solely decided by the
Bank, the Bank shall not be held liable for non-performance of its obligations under
the Agreement and the Bank shall have the right to terminate this Agreement without
giving any further notice to the Vendor. Further, Bank also reserves the right to assign
the work to other Vendor without any consequences and claims at the risk and
cost/responsibility of the contractor.
55) SUSPENSIONS
If the Contractor, except on account of any legal restraint upon the Bank preventing
the continuance of the work, abandons, suspends work or in the opinion of the Bank,
the Contractor neglects or fails to proceed with due diligence in the performance of his
part of the contract, the Bank shall have the power to give notice in writing to the
Contractor requiring the work be proceeded within a reasonable manner and with
reasonable dispatch, such notices purport to be a notice under this clause.
After such a notice is served upon the Contractor, the Contractor shall not be at liberty
to remove from the site of the works or from any ground contiguous thereto any plant
or materials, and such an obligation shall subsist from the date of such a notice being
served until the notice shall be complied with by the Contractor. If the Contractor fails
to comply with such a notice for a period of 7 (seven) days to proceed with the works
as therein prescribed, the Bank may proceed as provided in clause 59(Termination of
contract by Bank).
The Bank may notwithstanding previous waiver determine the contract by a notice in
writing to the effect as hereinafter mentioned, but without thereby effecting the powers
of the Bank & the obligations & liabilities of the contractor the whole of which shall
continue in force as fully as if the contract, had not been so determined and as if the
works subsequently executed had been executed by or on behalf of the contract
(without thereby creating any trust in favour of the contractor).
When the works stands completed, or as soon thereafter as conveniently may be, the
Bank shall give notice in writing to the Contractor to remove his surplus materials and
plants, and should the Contractor fail to do so within a period of fourteen (14) days
after receipt of the notice by him, the Bank may sell the same by public auction and
shall give credit to the Contractor for the amount so released.
Any expenses or losses incurred by the Bank in getting the works carried out by other
Contractors shall be adjusted against the amount payable to the Contractor by way of
selling his tools and plants, or due on account of work carried out by the Contractor
prior to engaging other Contractors or against the Security Deposit.
In case they are not able to settle the disputes or differences between them amicably,
the matter may be referred to a sole arbitrator mutually agreed upon after issue of at
least thirty (30) days’ notice in writing to the other party clearly setting out there in the
specific disputes and the same shall be settled by arbitration in accordance with the
Indian Laws relating to arbitration, i.e. in accordance with the provision of the Indian
Arbitration and Conciliation Act, 1996 and Rules and Regulations framed thereunder
including all amendments up to date and the award made in pursuance thereof shall
be binding on the parties. The matter may be referred to a sole arbitrator nominated
by the Bank, who shall give a reasoned award and the award made in pursuance
thereof shall be binding on the parties.
The venue of arbitration shall be ……...
All arbitration proceeding shall be conducted in English and a daily English record of
such proceeding shall be maintained.
Any appeal against the arbitration award will be subject to the jurisdiction of courts at
…….. only.
Contractor shall continue to work under the work Contract during the arbitration
proceedings unless otherwise directed in writing by the bank, unless the matter is such
that the works/services cannot possibly be continued until the decision of the arbitrator
or of the presiding arbitrator, as the case may be, is obtained.
However during such a contingency, the Bank shall be entitled to make alternative
arrangements to tackle the situation in any manner it deems fit, at the cost of the
Vendor which may also be adjusted by the Bank from the Performance Bank
Guarantee, being treated as default so that the business of the Bank is not disrupted.
The Contractor and his staff shall abide by the regulations/requirements of Security
Department and strictly follow the rules. Bank’s security staff will have the right to
check, search or interrogate any of the Contractor’s staff while entering/ remain
present/ leaving the Bank premises for security purposes.
The bidder shall be responsible for any loss/damage to the materials and other assets
of the Bank by his staff deployed for duty.
The bidder shall also be wholly responsible for theft, burglary, fire or any other
mischievous act and conduct done by their staff.
NOTICES
Notices as required by the agreement that shall be entered with the successful bidder
shall be sent to the addresses as would be mentioned first therein or such other
addresses as the Parties may designate from time to time, and shall be sent by
certified or registered mail with acknowledgement due on receipt.
[Link] bidder from a country which shares a land border with India will be eligible to bid
in any procurement whether of goods, services (including consultancy services and
non-consultancy services) or works (including turnkey projects) only if the bidder is
registered with the Competent Authority. Further, any bidder (including bidder from
India) having specified Transfer of Technology (TOT) arrangement with an entity from
a country which shares a land border with India, shall also require to be registered with
the same competent authority.
iii."Bidder (or entity) from a country which shares a land border with India" for the purpose
of this Order means: -
a) An entity incorporated, established or registered in such a country; or
b) A subsidiary of an entity incorporated, established or registered in such a
country; or
c) An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above
iv. The beneficial owner for the purpose of (iii) above will be as under:
b) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
d) Where no natural person is identified under (a) or (b) or (c) above, the beneficial
owner is the relevant natural person who holds the position of senior managing official;
vi. The successful bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such contractor
is registered with the Competent Authority.
vii. The registration shall be valid at the time of submission of bid and at the time
of acceptance of bid.
viii. If the bidder was validly registered at the time of acceptance / placement of
order, registration shall not be a relevant consideration during contract execution
8. SPECIAL CONDITIONS OF CONTRACT
1) The bidder shall acquaint himself with the proposed site of work before quoting
his rates. The contractor should note and bear in mind that the Bank shall bear no
responsibility for the lack of acquaintance of site and other conditions or any information
relating thereto or on their part.
2) If for any reasons, any part of the site is not available temporarily for some time
for part of the work under the contract, the agreed construction schedule shall be suitably
modified and contractor shall diligently divert his men and materials to utilize them
appropriately, profitably and no claim of damages whatsoever shall be entertained on
this account. However, the contractor shall be allowed extension of time for completing
the work as deemed fit by the competent authority of the Bank. The contractor shall also
not be entitled to any compensation for any loss suffered by him and revision in the rates
quoted by him.
3) The contractor shall provide, at his own cost instruments for weighing and
measuring purpose at the site of work as may be necessary for execution of the work.
4) The contractor shall construct a sample unit of different activities complete in all
respect as per the directions of the Engineer-in-charge. This sample unit shall be got
approved from the Engineer-in-charge before commencing the mass work.
5) The contractor shall take care of all safety precautions pertaining to construction
of work, such as scaffolding, ladder, working platforms, gangways, electric arc/ gas
welding, use of hoist and construction machinery. Nothing extra shall be paid for
scaffolding for any of the items of work unless specifically mentioned in the
nomenclature. Contractor should quote rates accordingly.
9) The contractor shall take all preventive measures against any such damage
caused by rain, snowfall, floods or any other natural calamity, whatsoever during the
execution of the work. The contractor shall be fully responsible for any damage to the
owner’s property and to the work for which the payment has been advanced to him under
the contract.
10) The work will be carried out in the manner complying, in all respects, with the
requirements of relevant bye-laws of the local body under the jurisdiction of which the
work is to be executed or as directed by the Engineer-in-Charge and nothing extra shall
be paid on this account.
11) The contractor shall comply with proper and legal orders and directions of the
local or public authority or municipality and abide by their rules and regulations and pay
all fees and charges which may be liable.
12) The contractor shall give due notices to Municipal, Police and/or other authorities
that may be required under the law/rules under force in the area and obtain all requisite
licenses for temporary obstructions / enclosures and pay all charges which may be
leviable on account of his execution of work under the agreement. Nothing extra shall be
payable on this account in any case whatsoever.
13) All materials to be incorporated in the work shall be arranged by the contractor
and shall be in accordance with the specifications laid down. Samples of all items are to
be fabricated by the Contractor prior to taking up the mass production. The Contractor
shall take prior written approval of the Bank before proceeding for mass production.
14) The contractor shall use materials bearing ISI/ BIS Certification Mark unless
otherwise specified or allowed in writing by the Engineer-in-Charge. Any material banned
by the Bank shall not be used in the work.
15) The contractor shall submit to the Engineer-in-charge samples of all materials for
approval. Such samples of materials which affect aesthetics of the work shall also be got
approved from the Engineer-in-charge of the project before procuring bulk supplies.
These approved samples shall be preserved and retained in the custody of the Engineer-
in-charge as standards of materials till the completion of the work. The cost of such
samples shall be borne by the Contractor and nothing shall be payable on this account
over the Agreement rates.
16) The contractor shall be required to get all the necessary mandatory and other
tests as per the specifications/ IS codes, carried out on materials/ work from an approved
laboratory as per the direction of the Engineer-in-charge. The testing charges and
conveyance from the site shall be borne by the contractor.
17) In case any material / work is found sub-standard the same shall be rejected by
the Engineer-in-charge and the same shall be removed from the site of work within 48
hours, failing which the same shall be got removed by the Engineer-in charge at the risk
and cost of the contractor without giving any further notice and time. In order to ensure
quality of work during its execution, the Engineer-in-charge may require samples for
mandatory or routine testing of materials. All costs of these samples, their packaging,
conveyance from the site to the testing laboratory and return, shall be borne by the
contractor.
18) Even ISI marked materials may be subjected to quality test at the discretion of the
Engineer in-charge. Whenever ISI marked materials are brought to the site of work the
contractor shall, if required by the Engineer-in-charge, furnish manufacturer's test
certificate or test certificate from approved testing laboratory to establish that the
materials procured by the contractor, satisfy the provisions of relevant ISI codes. The
testing charges shall be borne by the contractor.
19) The material required for testing shall be supplied free of charge by the contractor.
The cost of tests shall be borne by the contractor.
20) The work shall be executed and measured in metric system. The metric
dimensions given in the schedule of quantities and drawing etc. shall be followed. (The
dimension in FPS units wherever indicated are for guidance only) The figures in the
drawings shall be followed.
21) The contractor shall be responsible for completing the work and for satisfying all
terms and conditions of the Contract without any extra payment over his quoted rates
unless otherwise specified. The contractor shall quote his rate for various items of work
accordingly and no claim whatsoever shall be entertained for any incidental or extra work
involved in the execution of the work as per nomenclature of the item and the
specifications indicated in the tender documents.
22) Subject to the nomenclature of the item as per schedule of quantities, the
specification indicated in the tender documents, the rates quoted shall include cost of all
materials including royalty and taxes if any, labour, sundry inputs, execution of work at
all heights, levels, pattern and design for all leads, lifts and depths including overhead
charges and contractor's profit. Nothing extra shall be paid on this account.
23) The rate shall be inclusive of making design, pattern and execution of work as per
Architectural drawings, at all levels and heights.
24) Other agencies doing works related with this project will also simultaneously
execute the works and the contractor shall afford necessary co-ordination for un-
hindered completion of these sub-works.
27) All tools, plants and measuring or weighing equipment shall be arranged by the
contractor himself and nothing extra shall be paid to the contractor on this account.
28) The quantities of various items incorporated in the tender are approximate.
However, the payments shall be made to the contractors on the basis of actual
measurements taken at site.
29) The contractor shall protect the adjoining buildings or works and the work under
execution from fire and shall make adequate arrangements for fire protection and
firefighting and if any property is damaged, by fire due to the negligence of the contractor,
the same shall be made good by the contractor at his own cost, to the entire satisfaction
of Engineer-in charge.
30) The contractor shall provide adequate lighting arrangements as approved by the
Engineer in-charge for carrying out the work during night time, if so required and also
provide all other facilities for the labour employed to carry out the work as per direction
of Engineer in-Charge.
31) In order to achieve the targeted date of completion the contractor May have to
work in multiple shifts, round the clock including public and gazetted holidays and nothing
extra shall be paid on this account. However, the Contractor shall be liable for the
compliance of all applicable labour laws at all the times.
32) All materials, articles and workmanship shall be of respective best quality and kind
for the class described in the schedule of quantities and specifications. All materials, so
used in different items of work shall be subject to the approval of the Engineer-in-charge.
33) The contractor shall be responsible for all statutory provisions and deductions
towards ESI, PF or any other applicable Labour Laws, as the case May be or any other
levies and taxes shall be borne by the contractors. The TDS or any other statutory
levels/taxes incorporated from time to time shall be deducted progressively from the
running account bills, as applicable at the time of payment. No claim in this regard shall
be entertained.
34) The contractor shall be responsible for payments of all statutory dues with respect
to each of his personnel/employees engaged by him to render service under this
Agreement with respect to each applicable/ extant labour law, including, the Minimum
Wages Act, 1948, The Payment of Wages Act, 1936, The Payment of Bonus Act, 1965,
The Employees’ State Insurance Act, 1948, The Payment of Gratuity Act, 1972, The
Maternity Benefit Act, 1961, The Employees’ Provident Funds and Miscellaneous
Provisions Act, 1952, etc. No dues/contributions under any labour legislations as
applicable, remain payable by the Bank with respect to his personnel/employees, and
the Contractor shall produce all records to the Engineer-in-charge or any other statutory
authority as and when called for. The Engineer- in-charge does not hold any
responsibility on account of any lapses in this regard. The contractor shall submit an
undertaking in this regard with each bill confirming payment of all dues of sub-contractors
and all statutory wages to labour working under him/her/sub-contractor.
36) For any clarification/ doubt, the Bank may organize regular meetings with
Contractor. The contractor shall attend such meetings invariably as and when required.
37) In respect of the work of other agencies, where the commencement or progress
of such work of any other agency is dependent upon the completion of particular portions
of the contractor's work or generally upon the contractor maintaining progress in
accordance with the approved coordinated construction program, it shall be the
responsibility of the Contractor to complete such portions and maintain such progress.
38) The contractor shall have to do all drilling of holes and cutting of walls, chases or
other elements of the building for the complete and proper installation of the pipe lines/
ducts and other equipments by using electrically operated tools such as drills/ chases
cutting machine etc. Manual drilling or chiseling or cutting shall be permitted on special
request only. Prior permission for the same is to be obtained from the Bank.
39) No chiseling or cutting or drilling of RCC columns, beams, girders and other
principal structural members shall be done unless prior permission has been granted by
the Engineer in charge in writing.
40) All chases and openings made by the contractor for his pipe lines shall be filled/
covered over with cement plaster in reasonable manner. Before rough plastering on the
pipe surfaces the concealed pipes shall be secured to the wall by using proper supports/
clamps.
41) The contractor will neither be allowed to construct labour hutments nor his
workforce be allowed to stay.
42) All spaces allotted to the contractor as described above shall be vacated and all
structures removed from site at any time as and when required and directed by the
Engineer-in charge, unconditionally and without any reservation. The Engineer-in-
charge will not be obliged to give any reason for such removal. Upon receiving
instructions to vacate the space, the contractor shall immediately remove all his
structures, materials, etc. from the sources and clear and clean-up the site to the
satisfaction of the Engineer-in-charge.
43) It shall be the responsibility of the Contractor to safeguard the site and ensure that
no illegal encroachments are made by outside elements within the area allotted to the
contractor. Upon completion of the work or earlier as required by Engineer-in-Charge,
the contractor shall vacate the land totally without any reservation.
44) The security of workmen, materials, equipment stores etc. within the area allotted
to the contractor shall be the responsibility of the contractor.
45) The site of work shall have required equipments for various tests at site by the
contractor at his own cost and nothing extra shall be payable on this account.
46) The contractor shall arrange the required minimum plant and equipments at site
for the execution of work. These may have to be increased depending on the requirement
of the site.
47) The quantities indicated are for guidance only. However, it may vary to any extent
and the contractor should not have any financial or other implications for such variations.
The Bank reserves to reduce the scope of work of any item if the contractor fails to deliver
the works in time and the contractor shall not ask for any financial consideration for such
deletion of scope of the work.
48) The contractor shall take photographs of site prior to commencement of work,
during construction and after completion of work as suggested and shall submit the
photographs in soft and hard copies to Bank for which no extra payment will be made.
49) Layout of works shall be got checked by Engineer-in -charge & only then further
work shall be taken by after approval.
50) All electrical works shall be got carried out through licensed Electrical Contractor
having experience of similar work. Successful bidder to submit the details of licensed
Electrical Contractor before start of Internal Electrification Work. The work shall be
executed as per specifications and strictly in keeping with relevant IS code and rules and
regulations of authorities.
51) The work should be carried out as per latest CPWD specification and as per the
standard engineering practice. All measurements shall be made as per CPWD norms.
52) Site should be cleaned every day and all the unusable material/ malba shall be
removed from the site and unusable materials shall be stacked properly so that there is
no hindrance for staff and public failing which bank will remove the same at their level
and suitable amount shall be recovered from the contractor’s bill.
53) The contractor shall be required to maintain the coordination with the Building
Maintenance Contractor, if required.
54) No old / dismantled material shall be used by the contractor in the work under any
circumstances unless otherwise specified or under instructions of the bank.
55) The bidder shall visit the site and examine the rebate items and site conditions
before quoting the rates.
56) Dismantling & taking away includes the disposal of unserviceable material / malba
to approved municipal yard.
57) The Rebate items shall be the property of the contractor. Rates of rebate item
shall be considered as negative by the system while calculating the value of tender.
58) The Contractor shall comply with the provisions of Contract, Labour (Regulation
& Abolition) Act, 1970, Minimum Wages Act and all other Labour Laws and other
Statutory Regulations (both Central and State) that may be enforced from time to time
by the appropriate authorities. Bank shall not be held responsible for any penalty on
failure of the any Labour Regulations. Bank shall have the power to inspect the Wage
Register and for physical verification of salary paid to the staff with reference to any
records of the Contractor and to insist the Contractor to comply with Laws.
59) Contractor should obtain necessary permission that may be required for the
purpose of this Contract from such authorities as may be prescribed by Law from time
to time.
60) Contractor or his authorized representative should visit the site frequently as
required by the Bank and meet Bank’s Engineer with prior appointment for any
clarifications and to receive instructions, take measurements, etc. at the site.
61) The Contractor should arrange to issue photo identity card to his workers.
62) Any act of indiscipline/ misconduct/ theft/ pilferage on the part of any employee
engaged by the Contractor resulting in any loss to Bank in kind or cash will be viewed
seriously and Bank will have the right to claim damages or levy fine and / or terminate
the Contract forthwith, if necessary.
63) In case of any default or failure on Contractor's part to comply with all / any one
of the Terms/ Conditions, Bank reserves to itself the right to take necessary steps to
remedy the situation including, inter-alia, the deduction of appropriate amount(s) from
dues otherwise payable to Contractor and / or by taking recourse to appropriate recovery
proceedings.
64) Keeping the area clean and removal of debris: Contractor shall arrange to dispose
off debris, any other waste product created while carrying out the work, outside Bank’s
premises. The Contractor shall take due care while disposing of such waste materials
and ensure that any rules / regulations laid down by Municipal Corporation or any other
statutory body are not violated. The Contractor shall be responsible and answerable to
any complaint arising out of improper disposal of waste material. Quoted rates shall
involve the cost of same and no extra payment shall be made towards this account.
65) It is mandatory to provide purchase voucher of the material where basic rates are
given in Bill of Quantities (BOQ). However, Bank may instruct the contractor to submit
purchase voucher/test certificate of any material.
68) Electricity & Water shall not be provided by Bank to Contractor. Necessary
arrangement/ sourcing/ extension, if required, shall be done by the contractor at his own
cost with the approval of Bank. No extra payment will be made to the contractor for the
same. Contractor shall have to arrange for D. G. set / temporary power supply at his/ her
own cost, risk and responsibility to carry out the works at site whenever required
for and asked by the Bank. The contractor shall at his own cost arrange for necessary
power/ lighting for the work and water consumption for the entire period of contract.
However, Bank may provide electricity & water from their existing source at site for which
Bank will recover 0.5% of the contract sum from the contractor for electricity & water
consumed from their running bills / final bill. But in no way Bank will be held responsible
for continuous supply of electricity.
69) Contractor shall associate a specialized agency for specialized works such as
water proofing work, anti-termite treatment work, etc. having suitable experience in the
field and same shall be got approved from the Bank prior to execution of the specialized
work within 3 days time with credentials of the agency. Contractor should get approval
from Bank before commencement of the specialized work. Contractor to give 10 (ten)
year performance guarantee on a non-judicial stamp paper of ₹ 100 as per Performa
attached (Guarantee Bond for specialized works) at Annexure ‘VII’ & ‘VIII’. 10% of
specialized works amount shall be withheld during the period of this performance
guarantee.
9. LETTER SUBMITTING TENDER
Dear Sir,
1) Having visited the site and examined the drawings, conditions of contract,
special conditions of contract, general specifications and detailed specifications,
schedules and bill of quantities for the execution of the above named works, we offer
to complete and maintain the whole of the said works in conformity with the said
drawings, conditions of contract, specifications, schedules and bill of quantities for the
sum stated in bill of quantities of this Tender Document No. ………or such other sum
as may be ascertained in accordance with the said conditions of contract.
2) We undertake to complete and deliver the whole of the works comprised in the
contract within the stipulated time stated in the tender.
3) We have independently considered the amount of liquidated damages shown
in the Appendix to form of tender hereto and agree that it represents a fair estimate of
the loss likely to be suffered, by you in the event of the works not being completed in
time.
4) We agree to abide by this tender for the period of 90 days from opening of
Commercial Bid or extension there of as required by the Bank from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any
time before the expiry of that period.
5) We confirm that the period and rates as referred in the agreement or general
conditions of contract are given or summarized in the tender, to which we give our
consent and agree to abide by the same.
6) We understand that if our tender is accepted, we are to be jointly and severally
responsible for the due performance of the contract.
7) We understand that you are not bound to accept the lowest or any tender you
may receive and may reject all or any tender, accept or entrust the entire work to the
Contractor without assigning any reason or giving any explanation whatsoever.
8) I/we have deposited Earnest Money Deposit of ₹ (______/-) which amount is
not to bear any interest. I/we do hereby agree that this sum shall be forfeited by you
in the event our tender is accepted and I/we fail to execute the contract when called
upon to do so.
1. Name of bidder:
2. Constitution
3. Address of bidder:
7. PAN No.
8. GST No.
9. Manpower Employed:
Note: The document authorising the signatory to submit the bid to be provided with
the bid.
We hereby certify that the local content percentage (%) in the Goods, Works and
Services offered across India by M/s _______________________________ having
registered office in India at ______________________________ against Tender No:
______________________________ floated by Punjab National Bank for
“…………………………………Name of Work…………………………” is in line with
definition of minimum local content as prescribed for Class-I local supplier as per DPIIT
vide OM P-45021/2/2017-PP (BE-II) dated 16.09.2020 issued the Public Procurement
(Preference to Make in India) Order 2017-revision.
"Eligible similar work(s) has/ have not been executed through another agency on back
to back basis
I/ We have not been black-listed/ debarred by any office of Bank/ DFS or regulators
like RBI, SEBI, IRDA etc/ Department of Expenditure, Ministry of Finance Government
Agency.
Further that, if such a violation comes to the notice of the Bank, then I/we shall be
debarred for bidding in Bank in future forever. Also, if such violation comes to the
notice of the Bank before date of start of work, the Bank shall be at liberty to forfeit the
entire amount of Earnest Money Deposit.”
DECLARATION:
Please note that any deviations mentioned elsewhere in the bid will not be considered
and evaluated by the Bank. Bank reserve the right to reject the bid, if bid not submitted
in proper format as per Tender Document.
Note: Tender Issuing Office to Select First Paragraph Only for tender without any
subcontracting, i.e., work that does not involve engagement of any sub-agency / sub-
contractor / sub-vendor. For other cases, Second Paragraph to be selected.
"l have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India; I certify that I am not from such a country
or, if from such a country, have been registered with the Competent Authority. I hereby
certify that I fulfil all requirements in this regard and is eligible to be considered. [Where
applicable, evidence of valid registration by the Competent Authority shall be
attached.]"
OR
"l have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors
from such countries; I certify that I am not from such a country or, if from such a
country, have been registered with the Competent Authority and will not sub-contract
any work to a contractor from such countries unless such contractor is registered with
the Competent Authority. I hereby certify that I fulfill all requirements in this regard and
is eligible to be considered. [Where applicable, evidence of valid registration by the
Competent Authority shall be attached.]'
This is in reference to the captioned work awarded to me/us vide your award letter
dated __________. In this regard, please find enclosed the policies as under
2. We understand that Bank is not liable for damage to any works carried out at
site, materials brought or affixed at site unless handed over in total, complete in all
respects to the Bank.
3. We undertake that the policies shall remain valid for minimum duration of period
of work or up to handover of site, whichever is later.
4. We also understand that the above policies shall be suitably updated to cover
any increase in insurance coverage of works / materials at site due to:
Replacement / rectification of rejected materials, workmanship etc.
Extension of time.
Increase in scope of work, including extra items, if any.
5. Bank shall be at the liberty to deduct suitable amounts from our payments due
/ security deposit for gap in / lack of insurance coverage.
AND WHEREAS GUARANTOR agreed to give a guarantee to the effect that the said
structures will remain water and leak-proof for ten years from the date of giving of
water proofing treatment.
NOW THE GUARANTOR hereby guarantees that water proofing treatment given by
him will render the structures completely leak-proof and the minimum life of such water
proofing treatment shall be ten years to be reckoned from the date after the
maintenance period prescribed in the contract.
Provided that the guarantor will not be responsible for leakage caused by earthquake
or structural defects or misuse of roof or alteration and for such purpose:
i) Misuse of roof shall mean any operation which will damage proofing treatment,
like chopping of firewood and things of the same nature which might cause
damage to the roof;
ii) Alteration shall mean construction of an additional storey or a part of the roof
or construction adjoining to existing roof whereby proofing treatment is removed
in parts;
iii) The decision of the Bank’s Officer-in-Charge with regard to cause of leakage
shall be final.
During this period of guarantee the guarantor shall make good all defects and in case
of any defect being found, render the building water-proof to the satisfaction of the
Officer-in-Charge at his cost, and shall commence the work for such rectification within
seven days from the date of issue of the notice from the Officer-in-Charge calling upon
him to rectify the defects, failing which the work shall be got done by the Bank by some
other contractor at the GUARANTOR’S cost and risk. The decision of the Officer-in-
Charge as to the cost, payable by the Guarantor shall be final and binding.
That if GUARANTOR fails to execute the water proofing or commits breach thereunder
then the GUARANTOR will indemnify the Bank or its successors or assigns against
all losses, damages, costs, expenses or otherwise which may be incurred by reason
of any default on the part of the GUARANTOR in performance and observance of this
supplementary agreement. As to the amount of loss and/or damage and/or cost
incurred by the Bank the decision of the Officer-in-Charge will be final and binding on
the parties.
1.
2.
Signed for and on behalf of Punjab National Bank by ....................... in the presence
of—
1.
2.
Remarks :
i) This form is included in the tender document only for the information of bidders.
Only the successful bidder will in due course be required to complete this form.
ii) Stamp Duty of this Agreement will be borne by the successful bidder.
AND WHEREAS GUARANTOR agreed to give a guarantee to the effect that the said
structures will remain termite-proof for ten years from the date of giving of anti-termite
treatment.
During this period of guarantee the guarantor shall make good all defects and for that
matter shall replace at his risk and cost such wooden member as may be damaged
by termite and in case of any other defect being found, he shall render the building
termite proof at his cost to the satisfaction of the Officer-In-Charge and shall
commence the works of such rectification within seven days from date of issuing notice
from the Officer-In-Charge calling upon him to rectify the defects falling which the work
shall be got done by the Bank by some other Contractor at the guarantor’s cost and
risk and in the later case the decision of the Officer-In-Charge as to the cost
recoverable from the guarantor shall be final and binding.
That if the Guarantor fails to execute the Anti-Termite treatment or commits breaches
hereunder then the Guarantor will indemnify the Bank or its successors against all
losses damages, cost expenses or otherwise which may be incurred by reasons of
any default on the part of the guarantor in performance and observance of this
supplementary Agreement. As to the amount of loss and or damage and/or cost
incurred by the Bank, the decision of the Officer-In-Charge will be final and binding on
the parties.
2.
Signed for and on behalf of Punjab National Bank by ....................... in the presence
of —
1.
2.
Remarks :
i) This form is included in the tender document only for the information of bidders.
Only the successful bidder will in due course be required to complete this form.
ii) Stamp Duty of this Agreement will be borne by the successful bidder.
The material of standard quality from the following preferred makes is to be used. In
case it is established that the brands specified below are not available in the market,
contractor shall submit alternative proposal for the approval of Bank.
NOTE:-
1. In case of unavailability of any material of specific make from above
mentioned preferred make of material, an equivalent make can be used only
after a written approval of the Bank.
2. The contractor shall provide samples of all materials mentioned in the list of
makes as required by the Bank. A written approval of these samples shall be
sought prior to commencement of any work. Bank reserve the right to enquire
the genuineness of any material used at site directly from the manufacturer/
dealer.
19. Commercial Bid
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