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BID DOCUMENTS

Design Engineering, Manufacture, Procurement &


Supply, Erection, Testing, Commissioning and
Comprehensive Operation & Maintenance for 25
(Twenty Five) years of 2.25 MW(AC) Solar PV
Plant on RESCO Basis at Jamia Millia Islamia
University, New Delhi -110025

Building & Construction Department


Jamia Millia Islamia
New Delhi - 110025

1
INDEX
Design Engineering, Manufacture, Procurement &
Supply, Erection, Testing, Commissioning and
Comprehensive Operation & Maintenance for 25
(Twenty Five) years of 2.25 MW(AC) Solar PV
Plant on RESCO Basis at Jamia Millia Islamia
University, New Delhi, JAMIA MILLIA ISLAMIA.

PART- I (Commercial &Technical Bid)


S.N. PARTICULARS PAGE.
1 NIT 4-5
Section I, Brief Particular Of Work 6
Section II- Information & Instruction For Bidder 7-11
Section III- Information Regarding Eligibility Letter Of
12-21
Transmitter
2 Power Purchase Agreement 01-49
3 RFS Documents 01-61
4 List of Tentative Roof of the Building at JMI 01-03
5 General Agreement of Jamia Millia Islamia (1-160)

PART- II (Financial Bid)


S.N. PARTICULARS PAGE No.
1 Note 1
2 Financial Bid 1-3

2
PART I
COMMERCIAL &TECHNICAL BID DOCUMENTS

Design Engineering, Manufacture, Procurement &


Supply, Erection, Testing, Commissioning and
Comprehensive Operation & Maintenance for 25
(Twenty Five) years of 2.25 MW(AC) Solar PV
Plant on RESCO Basis at Jamia Millia Islamia
University, NEW DELHI - 110025

Building & Construction Department


Jamia Millia Islamia
New Delhi - 110025

3
Dated: 05.06.2017
Notice Inviting Tender
Building & Const. Department, Jamia Millia Islamia
(A central University), Jamia Nagar, New Delhi -110025

Invitation for Bid

1. The Professor In charge on behalf of the Vice Chancellor, Jamia Millia Islamia invites the bids from the specialized agencies and
as well as registered contractor in this field with CPWD/MES/P&T/RAILWAYS having valid PAN/TIN/Work contract sales
tax/ESI/PF No/STCC in two envelope system as per unit rate of electricity consumption generate by solar P.V Plant at Jamia
Millia Islamia Campus.

Sl.
NIT No. Name of work Capacity of the Solar P.V. plant Period of completion
NO.

Design Engineering, Manufacture,


Procurement & Supply, Erection, Testing,
Commissioning and Comprehensive
JMI/ NIT No11
1. Operation & Maintenance for 25 (Twenty 2.25 MW 06 Months
/ 2017-18 Five) years of 2.25 MW(AC) Solar PV Plant
on RESCO Basis at Jamia Millia Islamia
University, New Delhi

2. Contractors who fulfill the following requirements shall be eligible to apply. Joint ventures are not accepted.
(a) Should have satisfactorily completed the works as mentioned below during the last Seven years ending previous day of last date of
submission of tenders.
(i) The cumulative capacity of similar type of work not less than 2.25 MWp (in which each work should not be less than 500 KWp capacity).
The Solar PV Plant should have been under continuously operation at least 2 years after commissioning of solar PV Plant.
(ii) Similar work shall mean works of ( as mentioned above (1)) The value of executed works shall be brought to current costing level by
enhancing the actual value of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of
applications for tenders.
(b) Should have had average annual financial turnover of as per the capacity 2.25 MWp Solar on RESCO model during the last three years
ending 31st March 2017.
(c) Should not have incurred any loss in more than two years during the last five years ending 31st March 2017
(d) Should have a solvency of Rs.8,43,75,000=00.
(f) Bid Document is available in the Tender Section of Building Deptt. Jamia Millia Islamia & Jamia website
www.jmi.ac.in from 06.06.2017
(g) Copy of Income Tax/ Sale Tax/ VAT Return for last three years

3. Bid documents, the set of terms and conditions of contracts to be complied with the contractor whose bid may be accepted and other
necessary documents can be seen in the office of the Prof. In-charge between hours of 11.00 AM to 4.00PM from 06.06.17 to 04.07.17
every day except Saturday, Sunday and Jamia Holidays. Bid documents will be issued from his office, during the hours specified above,
on payment Rs.1500/- ( Non refundable) in the form of demand draft only in favour of Registrar Jamia Millia Islamia as cost of bid
document.
S.
Description Date & Time Place
No.
Tender documents available on Jamia Millia Jamia website
1 06.06.2017 to 04.07.2017
Islamia website www.jmi.ac.in www.jmi.ac.in
Building & Construction
2 Date of Pre-Bid meeting 05.07.2017 at 11:00 AM Department, Jamia Millia
Islamia.
Last date of submission the tender documents, Building & Construction
3 EMD, tender cost and other documents as 19.07.2017 upto 11:00 AM Department, Jamia Millia
specified in NIT. Islamia.
Building & Construction
Date & Time for opening of Technical Bid
4 19.07.2017 at 11:30 AM Department, Jamia Millia
documents/ EMD & tender cost.
Islamia.
Date and Time of opening of Financial Bid of Will be intimated later on
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qualified Tenderers. qualified contractors.

4. Applicant has to deposit Earnest Money of Rs.33,75,000/- in the form of demand draft only of a scheduled bank issued in favour of
Registrar Jamia Millia Islamia along with bid document. Without cost of bid document and earnest money in a separate small envelope
other than Bid documents, the technical / financial bid will not be entertained.

4a. To ensure due performance of the contract performance guarantee will be obtained from a successful bidder awarded the contract for
an amount of Rs. 84,37,500/= in the form of demand draft only from a scheduled bank.

4
5. Application supported by prescribed annexure and the financial bid shall be placed in separate sealed envelopes each marked
Technical Eligibility Document and Financial bid respectively. Both the above envelopes and the small envelope containing earnest
money demand draft and tender cost demand draft (for downloaded tender document) shall be submitted together in another sealed
envelope marked with document for the work of Design Engineering, Manufacture, Procurement & Supply, Erection, Testing,
Commissioning and Comprehensive Operation & Maintenance for 25 (Twenty Five) years of 2.25 MW(AC) Solar PV Plant
on RESCO Basis at Jamia Millia Islamia University, New Delhi 110025 and addressed to Prof. In-charge ,Building & Const.
Department, Jamia Millia Islamia, Jamia Nagar, New Delhi -110025. The bids will be received up to11.00 AM on 19.07.2017 in the office of
Building & Const. Department Jamia Millia Islamia, Jamia Nagar, New Delhi -110025. The Bid documents shall be opened by the Prof. In
Charge or his authorized representative in his office on the same day at 11.30 AM. The time and date of opening of financial bid shall be
communicated at a later date to qualified contractors.

(i) Pre Bid conference shall be held in the committee room of Building & Const. Department at 11.00 AM on 05.07.2017 to clear the
doubt of intending tenders, if any.
(ii) The department reserves the right to reject any prospective application without assigning any reason and to restrict the list of
qualified contractors to any number deemed suitable.
(iii)The rates quoted by the contractor within the maximum allowable levellized tariff for this part is 5.10 Per KWh and the bids with
levellized tariff in excess of Rs. 5.10 KWh will be rejected.

Prof. In Charge Superintending Engineer

5
SECTION I
BRIEF PARTICULAR OF THE WORK
1. Salient details of the work for which bids are invited are as under :

Capacity of the Solar P.V.


Sl. No. Name of work plant Period of completion

Design Engineering, Manufacture, Procurement


& Supply, Erection, Testing, Commissioning and
Comprehensive Operation & Maintenance for 25
1. (Twenty Five) years of 2.25 MW(AC) Solar PV
2.25 MW 06 Months
Plant on RESCO Basis at Jamia Millia Islamia
University, New Delhi-110025

2. The work is situated at Jamia Millia Islamia campus.

3. General features and major components of the work are as under :

(i) This work will cover to replace the old system.

(ii) The work shall be executed as per CPWD specification.

4. (i) The bidder should have designed, supplied, erected and commissioned solar photovoltaic based
grid connected power plants (S) of cumulative installed capacity of 2.25 MWp or above, with a
minimum megawatt scale of plant.
(ii) The cumulative capacity of similar type of work not less than 2.25 MWp (in which each work
should not be less than 500 KWp capacity). The Solar PV Plant should have been under
continuously operation at least 2 years after commissioning of solar PV Plant.
(iii) Bidder shall submit, in support to the above, the list of projects commissioned along with
their work order/ LOI and the commissioning certificates along with the certificate of plant
being in operation for minimum 2 years. In case the bidder wants to meet the eligibility
criterion through its own power plant, then a certificate from chartered Accountant to that
effect will be required to be submitted.

5. Work shall be executed according to Special and General Conditions of Contract of Jamia Millia
Islamia.

6
SECTION II
INFORMATION & INSTRUCTION FOR BIDDERS
1.0 General
1.1 Letter of transmittal and forms for deciding eligibility are given in Section III.
1.2 All information called for in the enclosed forms should be furnished against the relevant columns in
the forms. If for any reason, information is furnished on a separate sheet, this fact should be
mentioned against the relevant column. Even if no information is to be provided in a column, a nil
or no such case entry should be made in that column. If any particulars/query is not applicable in
case of the bidder, it should be stated as not applicable. The bidders are cautioned that not giving
complete information called for in the application forms or not giving it in clear terms or making any
change in the prescribed forms or deliberately suppressing the information may result in the bid
being summarily disqualified. Bids made by telegram or telex and those received late will not be
entertained.
1.3 The bid should be type-written. The bidder should sign each page of the application/bid document.
1.4 Overwriting should be avoided. Correction, if any, should be made by neatly crossing out, initialing,
dating and rewriting. Pages of the eligibility criteria document are numbered. Additional sheets, if any
added by the contractor, should also be numbered by him. They should be submitted as a package
with signed letter of transmittal.
1.5 References, information and certificates from the respective clients certifying suitability, technical
knowledge or capability of the bidder should be signed by an officer not below the rank of Executive
Engineer or equivalent.
1.6 The bidder may furnish any additional information which he thinks is necessary to establish his
capabilities successfully complete the envisaged work. He is, however, advised not to furnish
superfluous information. No information shall be entertained after submission of eligibility criteria
document unless it is called for by the Employer.
1.7 The credentials submitted in respect of Pre qualification of the tender/tender for specialized
work by the first lowest bidder after opening of the financial bid shall be verified before
award of work. Any information furnished by the bidder found to be incorrect either immediately or
at a later date, would render him liable to be debarred from tendering/ taking up of work in Jamia
Millia Islamia. If such bidder happens to be enlisted contractor of any class in any Govt.
organization, his name shall also be recommended for removal from the approved list of
contractors.
2.0 Definitions:
2.1 In this document the following words and expressions have the meaning hereby assigned to them.
2.2 Employer: Means the Vice Chancellor Jamia Millia Islamia, acting through the Prof. Incharge
Building & Const. Deptt.JMI.
2.3 Bidder: Means the individual, proprietary firm, firm in partnership, limited company private or public or
corporation.
2.4 Year mean Financial Year unless stated otherwise.

3.0 Method of application


3.1 If the bidder is an individual, the application shall be signed by the proprietor above his full type
written name and current address.
3.2 If the bidder is a proprietary firm, the application shall be signed by the proprietor above his full
typewritten name and the full name of his firm with its current address.
3.3 If the bidder is a firm in partnership, the application shall be signed by all the partners of the firm
above their full typewritten names and current addresses, or, alternatively, by a partner holding
power of attorney for the firm. In the later case a certified copy of the power of attorney should
accompany the application. In both cases a certified copy of the partnership deed and current
address of all the partners of the firm should accompany the application.

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3.4 If the bidder is a limited company or a corporation, the application shall be signed by a duly
authorized person holding power of attorney for signing the application accompanied by a copy of the
power of attorney. The bidder should also furnish a copy of the memorandum of Articles of
Association duly attested by a Public Notary.

4.0 Final decision making authority.


The Jamia Millia Islamia reserves the right to accept or reject any bid an to annul the process and
reject all bids at any time, without assigning any reason or incurring any liability to the bidders.

5.0 Particulars Provisional


The particulars of the work given in Section I are provisional. They are liable to change and must be
considered only as advance information to assist the bidder.

6.0 Site visit


The bidder is advised to visit the site of work, at his own cost, and examine it and its surroundings to
himself collect all information that he considers necessary for proper assessment of the prospective
assignment.

7.0 Initial criteria for eligibility

7.1 The Bidder should have satisfactorily completed works during the last seven years ending previous
day of last date of submission of tenders. For this purpuse cost work shall mean gross value the
completed work including cost of material supplied by the Government /Client but excluding those
supplied free of cost. This should be certified by an officer not below the rank of Executive Engineer /
Project Manager or equivalent.
(i) The cumulative capacity of similar type of work not less than 2.25 MWp (in which each work should
not be less than 500 KWp capacity). The Solar PV Plant should have been under continuously
operation at least 2 years after commissioning of solar PV Plant.
.
(ii) One work of any nature (either part of (i) above or a separate one) Capacity not less than 500kWp
with any organization being a specialized work. Similar work shall mean works of the Design
Engineering, Manufacture, Procurement & Supply, Erection, Testing, Commissioning and Comprehensive
Operation & Maintenance for 25 (Twenty Five) years of 2.25 MW(AC) Solar PV Plant on RESCO Basis at Jamia
Millia Islamia University, New Delhi-110025
The value of executed works shall be brought to current costing level by enhancing the actual value
of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt
of applications for tenders.

7.2 At the time purchase of tender, the tenderer shall have to furnish an affidavit as under:
I/We undertake and confirm that eligible similar work(s) has/have not been got executed through
another contractor on back to back basis. Further that, if such a violation comes to the notice of
Department, then I/We shall be debarred for tendering in Jamia Millia Islamia contracts in future
forever. Also, if such a violation comes to the notice of Department before date start of work, the
Prof.in-Charge shall be free to forfeit the entire amount of Earnest Money Deposit/ Performance
Guarantee.

7.3 The bidder should have had average annual financial turn over (gross) of Rs. 5,00,00,000/- per MWp
on Design Engineering, Manufacture, Procurement & Supply, Erection, Testing, Commissioning and Comprehensive Operation
& Maintenance for 25 (Twenty Five) years of 2.25 MW(AC) Solar PV Plant on RESCO Basis at Jamia Millia Islamia University, New
Delhi-110025

8
work during the last available three consecutive balance sheets (may range from six to eighteen
months) duly audited by Charted Accountant. Year in which no turnover is shown would also be
considered for working out the average
7.4 The bidder should not have incurred any loss in more than two years during available last five
consecutive balance sheets, duly certified and audited by the Chartered Accountant. (Modified)

7.5 The bidding capacity of the contractor should be equal to or more than the estimated cost of the
work put to tender. The bidding capacity shall be worked out by the following formula:
Bidding Capacity = {[AxNx2] - B}

A= Maximum turnover in Air Conditioning works executed in any one year during the last five years
taking into account the completed as well as works in progress. The value of completed works
shall be brought to current costing level by enhancing at a simple rat of 7% per annum.

N= Number of years prescribed for completion of work for which bids has been invited.

B= Value of existing commitments and ongoing works to be completed during the period of
completion of work for which bids have been invited.

7.6 The bidder should have a solvency of Rs. 8,43,75,000/- Certified by his Bankers.

7.7 The bidder should own Tool & Equipment to be mentioned in the list required for the proper and
timely execution of the work. Else, he should certify that he would be able to manage the equipment
by hiring etc., and submit the list of firms from whom he proposes to hire.

7.8 The bidder should have sufficient number of Technical and Administrative employees for the proper
execution of the contract. The bidder should submit a list of these employees stating clearly how
these would be involved in this work.

7.9 The bidders performance for each work completed in the last Seven years and in hand should be
certified by an officer not below the rank of Executive Engineer or equivalent and should be obtained
in sealed cover.

8. Evaluation criteria

8.1 The detailed submitted by the bidders will be evaluated in the following manner.

8.1.1 The initial criteria prescribed in Para 7.1 to 7.6 above in respect of experience of similar class of
works completed, bidding capacity and financial turn over etc. will first be scrutinized and the bidders
eligibility for the work be determined.

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8.1.2 The bidders qualifying the initial criteria as set out in Para 7.1 to 7.6 above will be evaluated for
following criteria by scoring method on the basis of details furnished by them.

(a) Financial strength (From A & B) Maximum 20 marks

(b) Experience in similar nature of work during last 07 years Maximum 20 marks

(c) Performance on works (Form E) Time over run Maximum 20 marks

(d) Performance on works (Form E) Quality Maximum 15 marks

(e) Personnel and Establishment (Form F & G) Maximum 10 marks

(f) Plant & Equipment (Form H) Maximum 15 marks

Total 100 marks


To become eligible for short listing the bidder must secure at least fifty percent marks in each and

sixty percent marks in aggregate.

The Jamia Millia Islamia however, reserves the right to restrict the list of such qualified contractors to
any number deemed suitable by it.

8.2 Even though any bidder may satisfy the above requirements, he would be liable to disqualification if
he has :
(a) made misleading or false representation or deliberately suppressed the information in the
forms, statements and enclosures required in the eligibility criteria document.
(b) record of poor performance such as abandoning work, not properly completing the contract,
or financial failures / weaknesses etc.

9.0 Financial information


Bidder should furnish the following financial information:
Annual financial statement for the last five year (Form A) and solvency certificate in (Form B)

10.0 Experience in works highlighting experience in similar works


10.1 Bidder should furnish the following:
(a) List of all works of similar nature successfully completed during the last seven years in
(Form C)
(b) List of the projects under execution or awarded in (Form D)
10.2 Particulars of completed works and performance of the bidder duly authenticated / certified by an
officer not below the rank of Executive Engineer or equivalent should be furnished separately for
each work completed or in progress in (Form E)
10.3 Information in (Form D) should be complete and no work should be left out.

11.0 Organization information


Bidder is required to submit the information in respect of his organization in Forms F & G.

12.0 Tools and Equipment


10
Bidder should furnish the list of Tools and Equipment to be used in carrying out the work, (in Form
H). Details of any other Tools and Equipment required for the work may be included in Form F
and available with the applicant may also be indicated.

13.0 Letter of transmittal


The bidder should submit the letter of transmittal attached with the document.

14. Opening of Price bid


After evaluation of applications, a list of short listed agencies will be prepared. Thereafter the
financial bids of only the qualified and technically acceptable bidders shall be opened at the notified
time, date and place in the presence of the qualified bidders or their representatives. The bid shall
valid for a period mentioned below:
Normal works involving two - 90 days from the date of opening
Envelope system of technical bids

15. Award criteria


15.1 The employer reserves the right, without being liable for any damages or obligation to inform the
bidder to;
(a) amend the scope and value of contract to the bidder.
(b) Reject any or all the applications without assigning any reason.

15.2 Any effort on the part of the bidder or his agent to exercise influence or to pressurize the employer
would result in rejection of his bid. Canvassing of any kind is prohibited.

11
SECTIN III
INFORMATION REGARDING ELIGIBILITY
LETTER OF TRANSMITTAL

Form :- ( name of Agency with Address)


Mobile No:-
Email ID
To
The Prof. In Charge
Building & Construction Department
Jamia Millia Islamia
Jamia Nagar
New Delhi -110025

Subject: - Submission of bids for the work of Design Engineering, Manufacture, Procurement &
Supply, Erection, Testing, Commissioning and Comprehensive Operation & Maintenance for 25
(Twenty Five) years of 2.25 MW(AC) Solar PV Plant on RESCO Basis at Jamia Millia Islamia University,
New Delhi-110025

Sir,

Having examined the detailed given in press notice and bid document for the above work. I/We
hereby submit the relevant information.

1. I/we hereby certify that all the statement made and information supplied in the enclosed forms A to
H and accompanying statement are true and correct.

2. I/we have furnished all information and detail necessary for eligibility and have no further pertinent
information to supply.

3. I/we submit the requisite certified solvency certified and authorize the Prof. In charge to approach the
Bank issuing the solvency certificate to confirm the correctness thereof. I/we also authorize Pro. In
Charge to approach individual, employers, firms and corporation to verify our competence and
general reputation.

4. I/we submit the following certificates in support of our suitability, technical knowledge and capability
for having successfully completed the following works.

Name of Work Certificate from

Enclosures:
Seal of bidder

Date of submission Signature(s) of Bidder(s).

12
FORM A
FINANCIAL INFORMATION

1. Financial Analysis Details to be furnished duly supported by figures in balance sheet / profit & loss
account for the last five year duly certified by the Chartered Accountant, as submitted by the
applicant to the Income Tax Department (Copies to be attached).

Years

(i) Gross Annual turn over on air conditioning works.

(ii) Profit/Loss

II. Financial arrangements for carrying out the proposed work.


III. Solvency Certificate from Bankers of the bidder in the prescribed Form B.

Signature of Chartered Accountant Signature of Bidder(s).


With Seal

13
FORM B

FORM OF BANKERS CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information that M/s/ Sh .

. Having marginally noted address, a customer of our bank

are/is respectable and can be treated as good for any engagement upto a limit of

Rs (Rupees . )

This certificate is issued without any guarantee or responsibility on the bank or any of the officers.

(Signature)
For the Bank

NOTE (1) Banker certificates should be on letter head of the Bank, sealed in cover addressed to tendering
authority.

(2) In case of partnership firm, certificate should include names of all partners as recorded with the
bank.

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FORM C
DETAILS OF ALL WORKS OF SIMILAR CLASS COMPLETED DURING THE
LAST FIVE YEARS ENDING LAST DAY OF THE MONTH..

S. Name of Owner of Capacity of Cost of Date of Stipulated Actual Litigation/ Name and Remarks
No. Work Sponsoring plant on work Commen date of date of Arbitration address/
project Organization RESCO in cement completion compl- Cases telephone
And model rupees as per etion Pending/ number
Location contract in progress of officer
with details to whom
reference
may be
made
1 2 3 4 5 6 7 8 9 10 11

* Indicate gross amount claimed and amount awarded by the Arbitrator.

Signature of Bidder(s)

15
FORM D
PROJECTS UNDER EXECUTION OR AWARDED

S. Name Owner of Capacity Cost Date of Stipulate Upto date Slow Name Remark
No of Sponsoring of plant on of commo d Percen- Progr and s
. Work Organizatio RESCO work n date of tage ess address/
project n model rupe cement completio Progr- if any telephon
and es as n e ss and e
Locatio per of work reaso number
n contrac ns of officer
t thereo to whom
f reference
may be
made
1 2 3 4 5 6 7 8 9 10

Certified that the above list of works is complete and no work has been left out and that the information
given is correct to my knowledge and belief.

Signature of Bidder(s)

16
FORM E
PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMS B & C

1. Name of work/project & location

2. Agreement no.

3. Capacity of plant

4. Cost of plant

5. Date of start

6. Date of installation of plant

(i) Stipulated date of installation of plant

(ii) Actual date of installation of plant

7. Amount of compensation levied for delayed completion, if any

8. Amount of reduced rate items, if any

9. Rate of energy consumption

10. Performance Report

(1) Quality of work Very Good/Good/Fair/Poor

(2) Financial soundness Very Good/Good/Fair/Poor

(3) Technical Proficiency Very Good/Good/Fair/Poor

(4) Resourcefulness Very Good/Good/Fair/Poor

(5) General Behaviour Very Good/Good/Fair/Poor

Dated: Executed Engineer or Equivalent

17
FORM F
STRUCTURE & ORGANISATION
1. Name & Address of the bidder

2. Telephone No./Telex No./Fax No./email/website

3. Legal status of the bidder (attach copies of original document defining the legal status)

(a) An Individual

(b) A proprietary firm

(c) A firm in partnership

(d) A limited company or Corporation

4. Particulars of registration with various Government Bodies (attach attested photocopy)

Organization/Place of registration Registration No.

1.

2.

3.

5. Names and titles of Directors & Officers with designation to be concerned with this work.

6. Designation of individuals authorized to act for the organization.

7. Was the bidder ever required to suspend air conditioning work for a period of more than six months
continuously after he commenced the air conditioning work? If so, give the name of the project and
reasons of suspension of work.

8. Has the bidder, or any constituent partner in case of partnership firm, ever abandoned the awarded
work before its completion? If so, give the name of project and reason for abandonment.

9. Has the bidder, or any constituent partner in case of partnership firm, ever been debarred/ black
listed for tendering in any organization at any time? If so, give details.

10. Has the bidder, or any constituent partner in case of partnership firm, ever been convicted by the
court of law? If so, give details.

11. Any other information considered necessary but not included above.

Signature of Bidder

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FORM G

DETAILS OF TECHNICAL & ADMINISTRATIVE PERSONNEL


TO BE EMPLOYERD FOR THE WORK

S.No. Designation Total Number Name Qualifications Professional How Remarks


number available Experience these
for this and details would
work of work be
carried out involved
in this
work
1 2 3 4 5 6 7 8 9

Signature of Bidder(s)

19
FORM H
DETAILS OF TOOLS AND EQUIPMENT LIKELY
TO BE USED IN CARRYING OUT THE WORK

S. Name of Nos. Capa- Age Conditi Ownership Status Current Remarks


No. equipment city or on Prese Leased To Location
type ntly be
owned Purc
h-
ased
1 2 3 4 5 6 7 8 9 10 11

Signature of Bidder(s)

20
APPLICATION FORM

To
The Prof. In Charge
Building & Const. Department
Jamia Millia Islamia
Jamia Nagar
New Delhi- 110025

Subject :- PURCHASE OF Tender Documents OF Design Engineering, Manufacture, Procurement & Supply,
Erection, Testing, Commissioning and Comprehensive Operation & Maintenance for 25 (Twenty Five) years of
2.25 MW(AC) Solar PV Plant on RESCO Basis at Jamia Millia Islamia University, New Delhi

Sir,

1. I/We am/are registered with the ( name of organization) as Class ( class of registration)
contractor/contractors and our Registration No. is It is certified that the said
registration is valid as on date

2. I/We am/are not registered with any government agency being a specialized work, I/We request
that permission may be granted to me/us for the purchase of tender document.

3. I/We am/are registered contractor(s) with MES/Railways/P&T also.

Particular of the Authority, class and tender amount/limit upto which I/we am/are eligible to tender
are furnished below :

Authority Class Tendering limit

It is certified (confirmed) that this registration/these registration is/are valid as on date and we shall
inform the department ourselves as soon as my / our registration expires or is cancelled/revoked.
The particulars of work done are furnished/enclosed.
I/We request that permission may be granted to me/us for the purchase of tender document for the
Work of ..

Your faithfully,
(Contractor)

(* Strike out inapplicable portion)

21
POWER PURCHASE AGREEMENT

FOR

DESIGN, MANUFACTURER, SUPPLY, ERECTION, TESTING

AND COMMISSIONING INCLUDING WARRANTY, OPERATION

& MAINTENANCE OF 2.25 MWp AND ROOF-TOP SOLAR PV POWER SYSTEM

AT

JAMIA MILIA ISLAMIA

BETWEEN

Jamia Millia Islamia

AND

__________________________________

1
TABLE OF CONTENTS

S. No. Description Page No.


1 Definitions & Interpretation
2 Effective Date
3 Terms & Termination
4 Construction, Installation, Testing and Commissioning
of the System
5 System Operations
6 Delivery of Solar Power
7 Tariff & Payment
8 General Covenants
9 Representations & Warranties
10 Taxes and Governmental Fees
11 Force Majeure
12 Default
13 Limitations of Liability
14 Assignment
15 Confidentiality
16 Indemnity
17 Miscellaneous
18 SCHEDULE - I Description of Premises
19 SCHEDULE - II Fees
20 SCHEDULE - III Purchase Price
21 SCHEDULE - IV Estimated Annual Production
22 SCHEDULE - V Governmental Approvals
23 SCHEDULE - VI RFS documents and Letter of
Allocation & Sanction Letter from JMI
24 Annexure 1 - Bank Details
25 Annexure 2 - Severity Level of damages and deed
generation period allotted to Power Producer

2
This Power Purchase Agreement is executed on __th day of ____ 2017 at New Delhi

Between

JAMIA MILIA ISLAMIA ("JMI") (Designation and Address) New Delhi (hereinafter
referred to as "Purchaser")

AND

M/s (Name of Power Producer) (CIN No. __________), a company incorporated


under the Companies Act, 1956 having its registered office at (complete address)
(hereinafter referred to as "Power Producer" which expression shall, unless
repugnant to the meaning or context hereof, be deemed to include its successors
and assigns)

This Power Purchase Agreement is executed on (date), 2017 at New Delhi

Between

JAMIA MILIA ISLAMIA ("JMI") Registrar, Jamia Millia Islamia, Jamia Nagar,
Mohammad Ali Johar Marg , New Delhi 110025 (hereinafter referred to as
"Purchaser")

AND

M/s (Name of Powers Producer) (CIN No. ______________), a company


incorporated under the Companies Act, 1956 having its registered office at (detail
address) (hereinafter referred to as "Power Producer" which expression shall, unless
repugnant to the meaning or context hereof, be deemed to include its successors
and assigns)

The JMI and Power Producer are each individually referred to as a "Party" and
collectively as the "Parties".

WHEREAS:

A. The Power Producer has been notified as successful bidder by JMI for
"Design, Manufacture, Supply, Erection, Testing and Commissioning including
Warranty, Operation & Maintenance of 2.25 MWp Rooftop Solar PV System
at Jamia Millia Islamia and as per Technical Specification & other details of
RFS No Dated: - /- / 2017

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B. The Power Producer is engaged in the business of building and operating
power plants, including grid connected rooftop power projects.

C. The Power Producer has agreed to install and operate a solar photovoltaic
power plant of _2.25 MWp capacity at the Premises after due inspection of
the Premises as defined hereinafter and supply the entire Solar Power of the
Project to Purchaser on the terms and conditions contained in this Agreement.

D. The Purchaser has agreed to purchase the entire Solar Power of the Project
on the terms and conditions contained in this Agreement.

NOW THEREFORE in consideration of the mutual promises, conditions and


covenants set forth herein, the Parties hereby agree as below:

1. Definitions and Interpretation

1.1 Definitions

In addition to other capitalized terms specifically defined elsewhere in the


Agreement or unless the context otherwise requires, the following words and
phrases shall be defined as follows:

(a) "Actual Monthly Production" means the amount of energy recorded by


the Main Metering System during each calendar month of the Term.

(b) "Affiliate" means with respect to any specified Person, any other
Person. directly or indirectly controlling, controlled by or under common
control with such specified Person')

(c) "Agreement" means this Power Purchase Agreement executed hereof,


including the schedules, amendments, modifications and supplements
made in writing by the Parties from time to time.

(d) "Applicable Law" means, with respect to any Person, any constitutional
provision, law, statue, rule, regulation, ordinance, treaty, order, decree,
judgment, decision, certificate, holding, injunction, registration, license,
franchise, permit, authorization, guideline, Governmental Approval,
consent or requirement or any Governmental Authority in India having
jurisdiction over such Person or its property, enforceable by law or in

4
equity, including the interpretation and administration thereof 1:4 such
Governmental Authority.

(e) "Assignment" has the meaning set forth in Section 14.1:

(f) "Business Day" means any day other than Sunday or any other day on
which banks in Delhi are required or authorized by Applicable Law to
be closed for business:

(g) "Commercial Operation Date" has the meaning set forth in Section 4
3(b)

(h) "Consents, Clearances and Permits" shall mean all authorization,


licenses, approvals, registrations, permits, waivers, privileges,
acknowledgements, agreements or concessions required to be
obtained from or provided by any concerned authority for the purpose
of setting up of the generation facilities and / or supply of power:

(i) "Deemed Generation" has the meaning set forth in Section 5.3 (c)

(j) "Delivery Point". Shall be the single point, at a location mutually agreed
by the Parties, in line with applicable regulation/ rules where Solar
Power is delivered by the Power Producer from the System to the
Purchaser.

(k) "Dispute" has the meaning set forth in Section 17.7 (b);

(l) "Disruption Period" has the meaning set forth in Section 5.3 (c)

(m) "Distribution Utility" means the local 'electric distribution owner and
operator providing electric distribution and interconnection services to
Purchaser at the Premises;

(n) "Due Date" has the meaning set forth. in Section 7.4;

(o) "Effective Date" has the meaning set forth in Section 2

(p) "Estimated Remaining Payments" means as of any date, the estimated


remaining Solar Power Payments to be made through the end of the
applicable Term, as reasonably determined by. the Power Producer in
accordance with Section 7.1

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(q) "Expiration Date" means the date on which the Agreement terminates
by reason of expiration of the Term.

(r) "Force Majeure Event" has the meaning set forth in Section 11.1

(s) "Governmental Approval" means any approval, consent, franchise,


permit, certificate, resolution, concession, license or authorization
issued by or on behalf of any applicable Governmental Authority for the
purpose of setting up of the Project and / or for sale and purchase of
Solar Power of the Project pursuant to the Agreement.

(t) "Governmental Authority" means any central; state, regional, district,


town, city, or municipal government, whether domestic or foreign, or
any department, agency, bureau, or other administrative, regulatory or
judicial body of any such government.

(u) Indemnified Persons" means the Purchaser Indemnified Parties or the


Power Producer-indemnified Parties, as the context requires.

(v) "Insolvency Event" means with respect to a Party, that either

(i) Such party has (A) applied for or consented to the appointment
of, or the taking of possession by, a receiver, custodian, trustee,
administrator, liquidator on the likes of itself or of all or a
substantial part of its assets or business; (B) been unable to pay
its debts as such-debts become due; (C) made a general
assignment for the benefit of its creditors, (D) commenced a
voluntary proceeding under any insolvency or bankruptcy law;
(E) filed a petition seeking to take advantage of any other law
relating to the bankruptcy, insolvency, reorganization, winding
up, or composition or readjustment of debts; or (F) taken any
corporate or other action for the purpose of effecting any of the
foregoing; or

(ii) It is clarified that a dissolution or liquidation will not be an


Insolvency Event if such dissolution or liquidation is for the
purpose of a merger, consolidation or reorganization, and the
resulting company retains credit worthiness similar to the
dissolved or liquidated entity and expressly assumes all

6
obligations of the dissolved and liquidated entity under this
Agreement and is in a position to the perform them.

(w) "Installation Work" means the construction and installation of the


System and the Start-up, testing and acceptance (but . not the
operation and maintenance) thereof; all performed by or for the Power
Producer at the Premises.

(x) "Invoice Date has the meaning set forth in Section 7.2.

(aa) "Losses" means all losses, liabilities, claims, demands, suits, causes of
action, judgments, awards, damages, cleanup and remedial
obligations, interest, fines, fees, penalties, costs and expenses
(including all attorneys' fees and other costs and expenses incurred in
defending any such claims or other matters or in asserting or enforcing
and indemnity' obligation)

(bb) "Main Metering System" means all meter(s) and metering devices
owned by the Power Producer and installed at the Delivery point for
measuring and recorded the delivery and receipt of energy.

(cc) "Metering Date" means the first Business day of each calendar month
subsequent to the month in which the Solar Power is generated by the
Power Producer. The billable units shall be equal to the difference
between the meter reading on the Metering Date and the meter reading
on the previous month's Metering. Date.

(dd) "Party" or Parties" has the meaning set forth in the preamble to this
Agreement.

(ee) "Performance Ratio"

(ff) "Person" means an individual, partnership, corporation, .limited liability


company, business trust, joint stock company, trust, unincorporated
association, joint venture, firm, or other entity, or a Governmental
Authority.

(gg) "Power Producer Default" has the meaning set forth in Section 12.1 (a).

(hh) "Power Producer Indemnified has the meaning set forth in Section
16.2.

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(ii) "Premises" means the premises described in Schedule 1 to this
Agreement. For the avoidance of doubt, the Premises include, the
entirely of any and underlying real property located at the address
described in Schedule 1 to this Agreement.

(jj) "Purchase Date" means the date on which title to the System transfers
to the Purchaser pursuant to the Purchaser exercising its purchase
option under Section 3.2.

(kk) "Purchase Price" means the fee payable Purchaser to the Power
Producer under the circumstances described in Section 3.2

(ll) "Purchaser Default" has the meaning set forth in Section 12.2 (a).

(mm) "Purchaser Indemnified Parties" has the meaning set forth in Section
16.1

(nn) "Representative" has the meaning forth in Section 15.1.

(oo) "Scheduled Complete Date" has the meaning set forth in Section 4.1(g)

(pp) "Selectee" means, a new company (i) proposed by the Lenders read
with Schedule Ill hereof and approved .by the Purchaser (ii) or
proposed by the Purchaser in accordance. with Schedule III hereof and
approved by-the Lenders, for substituting the Power Producer for the
residual period of the Agreement by amendment of the Agreement or
by execution of a fresh power purchase agreement in-accordance with
the terms and conditions contained in the said Schedule.

(qq) "Solar Power" means the supply of electrical energy output from the
System.

(rr) "Solar Power Payment" has the meaning set forth in Section 7.1.

(ss) "System" includes the integrated assembly of photovoltaic panels,


mounting, assemblies, inverters, converters, .metering, lighting fixtures,
transformers, ballasts, disconnects, combiners, switches, wiring
devices and wiring, and all other material comprising the Installation
Work.

8
(tt) "System Operations" means the Power Producer's operation,
maintenance and repair of the System performed in accordance the
requirement herein.

(uu) "Tariff" means the price per kWh set forth in Schedule II hereto.

(vv) "Term" has the meaning set forth in Section 3.1:

1.2 interpretation

(a) Unless otherwise stated, all references made, in this Agreement to


"Sections", "Clauses" and "Schedules" shall refer respectively to
Sections, clauses and Schedules of this Agreement. The Schedules to
this Agreement form an integral part of this Agreement and shall have
effect as though they were expressly set out in the body of this
Agreement.

(b) In the Agreement, unless the context otherwise requires (i). words
imparting singular connotation shall include plural and vice versa: (ii)
the words "include", "includes", and "including" mean include, includes
and including "without limitation" and (iii) the words "hereof", "hereto",
"herein" and "hereunder" and words of similar import refer to the
Agreement as a whole and not to any particular provision of the
Agreement.

2. Effective Date

This Agreement shall be effective on the day that falls one Business Day after
the date of signing of this Agreement.

3. Terms and Termination

3.1 Term

The term of the Agreement shall commence on the Effective Date and shall
continue for twenty five (25) years from the Commercial Operations Date (the
"Term"), unless and until terminated earlier pursuant to the provisions of the
Agreement. After the Term, the ownership of the System shall be transferred
to the Purchaser free of cost.

3.2 Purchase Option/ Purchase Obligation

9
So long as a Purchaser default shall not have occurred and be continuing,
Purchaser has -the option to purchase the System by paying the Power
Producer the Purchase price as per Schedule III to this Agreement. To
exercise its purchase option, the Purchaser shall not less than Ninety (90)
days prior to the proposed Purchase Date, provide written notice to the
Power,. Producer of Purchaser's intent to exercise .its option to purchase the
System on such purchase date: In the event Purchaser confirms its intention
to exercise the purchase option in writing to. the Power Producer, (i)
Purchaser shall pay the applicable purchase price to the Power Producer on
the Purchase Date, and such payment shall be made in accordance with any
written instructions delivered to Purchaser by the Power Producer for
payments under the Agreement, and (ii) the Parties shall promptly execute all
documents necessary to (A) cause title to the System to pass to Purchaser on
the Purchase Date, free and clear of all liens and (B) assign all vendor
warranties for the System to Purchaser. Upon execution of the documents
and payment of the applicable purchase price in each case as described in
the preceding sentence, the Agreement shall terminate automatically and the
Purchaser shall become the owner of the System. Upon such termination, the
Power Producer shall offer' its operations and maintenance ("O&M") services
to the Purchaser and the Parties may enter into an O&M agreement in this
regard. The terms and conditions of the O&M agreement will be negotiated in
good faith between the Parties.

In the event the Purchaser of Power is in default of their responsibilities under


this Agreement or has unpaid dues of over three months, the Power Producer
shall have an option (Purchase Obligation) to compel the Purchaser to
procure the solar plant as though it had exercised its Purchase Option. In
such a case, the Power Producer may give a written notice to the Purchaser
to either make good on its events of Default or to purchase the solar plant and
machinery in accordance with the values as laid out in Schedule III of the
Agreement. If the Purchaser does not make good on its events of default
within the stipulated three-month period, it would be obligated to Purchase the
asset in accordance with values laid out in Schedule III.

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3.3 Conditions of the Agreement prior to installation

In the event that any of the following events or circumstances occur prior to
the Commercial Operation Date, the Power Producer may terminate the
Agreement, in which case neither Party shall have any liability to the other
except for any such liabilities that may have accrued prior to such termination.

(a) There has been a, material adverse change in the rights of Purchaser
to occupy the Premises or the Power Producer to install' the System at
the Premises.

(b) The Power Producer has determined that there are easements, CCRs
or other liens or encumbrances that would materially impair or prevent
the installation, operation, maintenance or removal of the System. If
any dispute arises before commercial operation date, the same shall
be resolved under clause, 17.7 (c)

4 Construction, Installation, Testing and Commissioning of the System.

4.1 Installation Work

a) The Power Producer will cause the Project to be designed,


manufactured, supplied, engineered, erected, tested and
commissioned, operated & maintained and constructed substantially in
accordance with RFS No and the sanction letter issued by JMI. The
Power Producer shall provide to the Purchaser a bill of materials listing
the major equipment constituting the System. Such bill of materials
shall be provided within 30 days of the Commercial Operation Date.

b) The Power Producer shall have access as reasonably permitted by the


Purchaser to perform the Installation Work at the Premises in a manner
that minimizes inconvenience to and interference with the use of the
Premises to the extent commercially practical.

c) It is agreed between the Parties that the Power Producer shall


commission the System with a capacity of 2.25 MWp. Power Producer
may construct a System of smaller size if it receives only part approval
of government subsidies or for any other material commercial reason,
as mutually agreed between the Parties in writing, In the event a
System of smaller capacity is eventually agreed to be installed, the

11
clauses pertaining to Purchase Price as set out under this Agreement
shall be adjusted proportionately as per mutual agreement between the
Parties in writing.

d) The Power Producer shall provide and lay the dedicated electrical
cables for transmission of Solar Power from the System up to the
Delivery Point. Transmission or distribution of Solar Power beyond this
point will be the responsibility of the Purchaser. The Delivery Point
shall be where the Main Metering System is located.

e) Unless otherwise agreed between the Parties, the Power Producer


shall not do (a) chipping of rooftop; or (b) water proofing of roof to be
disturbed (c) carry out any other modification of the Premises without
the written consent of the Purchaser. The Power Producer shall
maintain general cleanliness of area around the Project during
construction and operation period of the Project. In case any damages
is caused to the equipment / facilities owned by the Purchaser due to
the Power Producer, the same shall be made good rectified by the
Power Producer at their cost.

f) The Power Producer shall, within fifteen (15) days of the Effective
Date, submit to the Purchaser shop drawings of the Project for
approval ("Shop Drawings"). The drawings will have to be approved
from the Power Purchaser within 3 days from the submission of the
drawings: If the Purchaser has any objection/'recommendation in the
Shop Drawings, he shall communicate the same to Power Producer
within a period of ten (10). days of 'the date of submission. of the Shop
Drawings. Any delay Will extend the Effective Date and such approval
shall not be unreasonably withheld.

g) Subject to any punch-list items which shall be agreed by the.


Purchaser as not being material to completion of the Project, the Power
Producer agrees that it shall achieve the completion of the Project/
Commissioning of the Project within 4 months from the Effective Date
("Scheduled Completion Date"). Any delays on account of the
Purchaser that may cause hindrance or delay in execution of the
Project shall not be included in the set period of 4 months. Purchaser

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shall ensure that sufficient load is available at the Delivery Point to
ensure synchronization and drawl of power from System.

h) If the Power Producer is unable to commence supply of Solar Power to


the Purchaser by the Scheduled Completion Date, other than for the
reasons specified in Article 11 and 12.2 (Force Majeure or Purchaser
Default), the Power Producer or its contractor shall pay to JMI genuine
pre-estimated liquidated damages for the delay in. such
commencement of supply of Solar Power as per the clause of the JMI
RFS appended as Schedule VI to this Agreement.

i) The Purchaser shall ensure that all arrangements and infrastructure for
receiving Solar Power beyond the Delivery Point are ready on or prior
to the Commercial Operation Date and is maintained in such state in
accordance with applicable laws through the Term of the Agreement.

j) Power Producer shall fulfill all obligations undertaken by it under this


Agreement.

4.2 Approvals and Permits

Each of the Parties shall assist the other Party in. obtaining all necessary
Government Approvals, third party approvals and permits including but not
limited to those listed in Schedule V hereto and any waivers, approvals or
releases required pursuant to. any applicable CCR.

4.3 System Acceptance Testing

(a) The Power Producer shall give 10 days advance notice to conduct the
testing of the Project and shall conduct testing of the Project in the
presence of Purchaser's designated representative.

(b) If the results of such testing indicate that the System is capable of
generating electric energy (at full rated KWp) for 5 continuous hours
using such instruments and meters as have been installed for such
purposes, then the Power Producer shall send' a Written notice to
Purchaser to that effect, and the date of successful conducting such
tests and injection of. Power at Delivery Point shall be. the
"Commercial Operation Dated"

5 System Operations

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5.1 The Power Producer as Owner and Operator The System will be legally and
beneficially owned by the Power Producer and will be operated and
maintained and, as necessary, repaired by the Power Producer at its sole cost
and expense. Replacement of spare parts if any shall be responsibility of
Power Producer for the complete period of Agreement. if any repair or
maintenance costs incurred by the Power Producer as a result of Purchaser's
breach of its obligations, shall be reimbursed in full by Purchaser Power
Producer shall not be responsible for any work done by others on any part of
the System/Project authorized by the Purchaser and not authorized in
advance by the Power Producer in writing. Power Producer shall not be
responsible for any loss, damage, cost or expense arising out of or resulting
from improper operation or 'maintenance of the System by Purchaser or
anyone instructed to do such work by Purchaser. In the event of a problem
with the System, as a result of the Purchaser actions for which Power
Producer is not responsible as provided in this Agreement, Purchaser may
choose and pay Power Producer for diagnosing and correcting the problem at
Power Producer or Power Producer's contractors standard rates. Standards
rates and charges may be taken from market for comparisons by the power
purchaser.

5.2 Metering

(a) The Power producer shall install the Main Metering System with due
certification for the measurement of electrical energy produced by the
System.

(b) The meter will be read by Power Producer's personnel on the Metering
date. The authorized representative of the Purchaser shall be present
at the time of meter reading. Both the Parties shall sign a joint meter
reading report. However, in case the Joint meter reading report is not
signed in the first three business days of any month due to non-
availability of the Purchaser's authorized representative, the report
signed by the Power Producer shall be considered as Joint Meter
Reading Report. The Parties agree that such Joint meter reading
Report shall be final and binding on the Parties.

14
(c) The Main Metering System at the Delivery Point and any additional
meters required by Applicable Law shall be tested, maintained and
owned by the Power Producer- In case of malfunctioning of main
metering system at delivery point, deemed generation shall be paid
upto 3 days only, and after that no payment shall be made till meter is
replaced by new one or repaired.

(d) The Power Producer shall connect the Solar output to the existing
system as per the requirements of Discom

(e) The Purchaser may, at its own discretion, install a check meter, at its
cost, to verify the measurements of the Main Metering System.

(f) The title to the Solar Power supplied by the Power Producer shall pass
to the Purchaser at the Delivery Point.

(g) Power Producer shall be responsible for transformer etc. "if required" &
metering as per clause 23 of RFS no. (reference to be quoted)

5.3 System Disruptions

(a) Availability of premises: Purchaser will provide full access of the site to
Power Producer for installation, operation and maintenance of solar
power plant during the period of Agreement. Power Purchaser will also
provide restricted access of the Premises to Power Producer for
operation and maintenance of solar power plant.

(b) Purchaser will not provide/construct any structure within its Premises or
around its premises which shades the solar panels effecting the
generation of the energy during the Agreement period.

(c) Roof Repair and other System Disruptions In the event that (a) the
Purchaser repairs the Premises' roof for any reason not directly related
to damage, if any, caused by the System, and such repair required the
partial or complete temporary disassembly or movement of the System,
or (b) any act or omission of Purchaser or Purchaser's employees,
Affiliates, agents or subcontractors (collectively, a "Purchaser Act" )
result in a disruption or outage in System production, and such events
attributable to Purchaser (except Force majeure, then, in either case)
Purchaser shall (i) pay the Power Producer for all work required by the

15
Power Producer to disassemble or move the System and re-assemble
the system after completion fo the repair work and (ii) continue to make
all payments for the Solar Power during such period of System
disruption (the "Disruption Period"). For the purpose .of calculating
Solar Power Payments and lost revenue for such Disruption Period,
Solar Power shall be deemed to have been produced at the average
rate. For the first year, the generation of a particular month (in which
the deemed generation needs to be calculated) will be used for
calculating the average, 2nd year onwards, the generation data of the
previous year, corresponding month will be referred. ("Deemed
Generation"), Power producer shall inform about the 'disruption or
outage in System production, for reasons attributable to purchaser in
'writing with date and time of such occurrences, and Purchaser's
liability shall start from the date of intimation for above of disruption or
outage in system production, on account of Purchaser.

5.4 Net Metering: The Power producer will apply to the DISCOM for installation
of Net Meters for the distributed generation plant before connecting to
the GRID.

6 Delivery of Solar Power

6.1 Purchaser Requirement: Purchaser agrees to purchase one hundred percent


(100%) of the Solar Power generated by the System and made available by
the Power Producer to Purchaser at the Delivery Point during each relevant
month of the Term. In the event that the Purchaser is unable to off take 100%
of the electricity generated, when it is generated, then Deemed Generation
will apply only in case of following conditions:

a) Grid Failure from DISCOM.

b) Power Outage - No reference voltage available for synchronization.

c) In the event Power Producer is generating power more than the


available load, and the Purchaser is not able to export or record the
excess units generated.

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d) Faults in the equipments of the Purchaser eg., Net meter Cables,
Equipments etc., which may stop the feeding / record of the Solar
Power generated.

e) Due a shadow caused by any nearby object

6.2 Estimated Annual Production

The annual estimate of Solar Power with respect to the System for any given
year as determined pursuant to this Section shall be the "Estimated Annual
Production". The Estimated Annual Production for each year of the Initial
Term is set forth in Schedule IV hereof.

6.3 Suspension of Delivery

Power Producer shall be entitled to suspend delivery of electricity from the


System to the Delivery Point for the purpose of maintaining and repairing the
System upon giving one week's advance written notice to the Purchaser
except in the case 'of emergency repairs. Such suspension of Service shall
not constitute a breach of this Agreement provided that the Power Producer
shall use commercially reasonable efforts to minimize any 'interruption in
service to the Purchaser. However, any preventive maintenance shall be done
only during the period when plant is not generating.

7 Tariff and Payments

7.1 Consideration Purchaser shall pay to the Power Producer a monthly payment
( the "Solar Power Payment") for the Solar Power generated by the System as
per the Metering clause 5.2 (b) above during each calendar month of the
Term equal to the actual Monthly Production as recorded in Joint Meter
Reading Report for the System for the relevant month multiplied by the Tariff
irrespective of (i) whether any or all units of Solar Power has been drawn,
consumed or utilized by Purchaser and / or (ii) whether any Solar Power has
been injected, whether inadvertently or otherwise, into the grid of the
Distribution Utility.

17
The Power Producer will bill the Purchaser for each KWh metered as above at
the Delivery Point, at the Tariff prevailing at that point of time.

As detailed in Schedule - II, the Tariff will be equal to Rs. --- levelized tariff as
per JMI allocations.

The 'year' Considered shall be the financial year which April 1st to 31st March
of every year as per JMI

Schedule II provides a detailed year on year tariff schedule.

7.2 Invoice

The Power Producer shall invoice Purchaser on the first day of each month
(each, an "Invoice Date") commencing on the first Invoice Date to occur after
the Commercial Operation Date, for the Solar Power Payment in respect of
the immediately preceding month. The last invoice shall -include production
only through the Expiration Date of this Agreement.

7.3 The invoice to the purchaser shall include.

(a) The Solar Power calculations for the relevant billing period.

(b) Supporting data, documents and calculations in accordance with this


Agreement.

7.4 Time of payment: Purchaser shall pay all amounts due hereunder within 21
days after the date of the receipt of the invoice via email or post ("Due Date").

7.5 Method of payment: Purchaser shall make all payments under the Agreement
by electronic funds transfer only in immediately available funds to the' account
designated by the Power Producer from time to time. The current account
details are mentioned in Annexure 1. All payments made hereunder shall be
non-refundable, subject to the applicable tax deduction at source, and be
made free and clear of any other tax, levy, assessment; duties or other
charges and not subject to reduction, set-off, or adjustment of any kind.
Further, if any taxes and duties are leviable currently or in future, such taxes
and duties shall be paid by the Purchaser over and above the solar electricity
tariff mentioned in this agreement. Such taxes and duties could include, but
not restricted to Electricity Duty, Tax on Sale of Electricity (TOSE). If the

18
Purchaser deducts any tax at source, the Purchaser will issue a tax credit
certificates as per law.

7.6 Late Payment Surcharge/ Early Payment Discount

In case payment of any invoice is delayed by the Purchaser beyond its Due
Date, a later payment surcharge shall be payable by Purchaser to the Power
Producer at the rate of 1.25% per month ("Late Payment Surcharge")
calculated on the amount of outstanding payment, calculated on a day to day
basis for each day of the delay, compounded on monthly rests. Late Payment
Surcharge shall be claimed by the Power Producer, through its subsequent
invoice. If the Purchaser pays within 10 working days (as against credit of 21
days available to him), then an early payment discount of 0.5% of the invoice
value can be deducted by the Purchaser while making such early payment.

7.7 Disputed Payments: In the event that the Purchaser disputes an invoice, it
shall give notice of such a dispute within 15 days of receiving the invoice
setting out details of the disputed amount. The Purchaser shall pay by the
Due Date 100% of any undisputed amount and in case the invoice is
disputed, the Purchaser shall pay an amount based on average consumption
of last three consecutive undisputed invoices. Amount so recovered shall be
subject to final adjustment on resolution of the dispute. Thereafter, the Parties
shall discuss and try to resolve the disputed amount within a week of receipt
of such notice of dispute. If the Parties resolve the dispute, an appropriate
adjustment shall be made in the next invoice. If the dispute has not been
resolved by the date of the next invoice the dispute shall be referred to a
committee of one member from each of Purchaser and Power Producer, If the
dispute is still-not resolved by. the next following invoice if shall be 'referred
to Arbitration as provided in the present Agreement.

7.8 Change in Law:

(a) For the Purpose of this section 7.8, the term "Change in Law" shall
mean the occurrence of any of the following events after the Effective

19
date, resulting into any additional recurring / non-recurring expenditure
by the Power Producer or any income to the Power Producer.

(i) The enactment, coming into effect, adoption, promulgation,


amendment, modification or repeal (without re-enactment or
consolidation) in India, of any Law, including rules and
regulations framed pursuant to such Law: or

(ii) A change in the interpretation of any Law by any Governmental


Authority having the legal power to interpret or apply such Law,
or any competent court; or

(iii) The imposition of a requirement, for obtaining any Government


Approvals which was not required earlier; or

(iv) a change in the terms and conditions prescribed for obtaining


any Government Approvals or the inclusion of any new terms or
conditions for Obtaining such Government Approvals; or

(v) any introduction of any tax made applicable for supply of power
by the Power Producer as per the terms of this Agreement. Any
benefit due to change in tax on the sale of solar energy shall be
passed on to Purchaser.

(vi) However change in the rate of any existing tax will not be
considered a change in law. Any risk of change of tax rate
whatsoever related to the work lies with the power producer.

(vii) Any benefit arising due to change in above para (i) to (vi) shall
be passed on to the Purchaser.

But not include any change in any withholding tax on income or


dividends distributed to the shareholders of the Power Producer.

(b) Application and Principles for computing impact of Change in Law:

While determining the consequence of Change in Law under this


Article 7.8, the Parties shall have due regard. to the Principle that the
purpose of compensating the Party affected by such Change. In Law,
is to restore through monthly bill payment, to the extent contemplated
in this Article 7.8, the affected Party to the same economic position as

20
if such Change in Law has not occurred and such impact shall be
mutually decided in writing.

(c) Solar Power Payment Adjustment Payment on account of Change in


Law Subject to provisions mentioned above, the adjustment in Solar
Power Payment shall be effective from:

(i) The date of adoption, promulgation, amendment, re-enactment


or repeal of the Law or Change in Law; or

(ii) The date of order/ judgment of the competent court; of tribunal


or Governmental Authority, if the Change in law is on account
of a change in interpretation of Law.

8 General Covenants

8.1 Power Producer's Covenants

The Power Producer covenants and agrees to the following:

(a) Notice of Damage or Emergency: The Power Producer shall (a)


promptly notify Purchaser if it becomes aware of any damage to or loss
of the use of the System or that could reasonably be expected to
adversely affect the System, (b) immediately notify Purchaser once it
becomes aware of any event or circumstance that poses an imminent
risk to human health, the environment, the System or the Premises.

(b) System Condition: The Power Producer shall take all actions
reasonably necessary to ensure that the System is capable of
providing Solar Power at a commercially reasonable continuous rate:
Subject to there being no Purchaser Default, the Power Producer 'shall
provide 24 x 7 offsite / offsite monitoring and maintenance of the
System throughout the period of this agreement at no additional cost.

(c) The System shall meet minimum guaranteed generation with


Performance Ratio (PR) at the time of commissioning and related
Capacity Utilization Factor (CUF) as per the daily normalized irradiance
levels of the location during the O&M period. PR shall be minimum of
75% at the time of inspection for initial Project acceptance.

21
(d) Governmental Approvals : While providing the Installation work, solar
Power and System Operations, the Power Producer shall obtain and
maintain and secure all Governmental Approval required to be
obtained and maintained and secured by the Power Producer and to
enable the Power Producer to perform such obligations

(e) The interconnection of the rooftop solar system with the network of the
distribution licensee shall be made as per the technical standards for
connectivity of distributed generated resources regulation's .as may be
notified by the competent authority. The interconnection of the rooftop
solar system shall be as per the contracted load and / or respective
voltage level applicable to the Purchaser as per the provisions of the
guidelines issued by the competent authority.

(f) Health and Safety: The Power Producer shall take all necessary and
reasonable safety precautions with respect to providing the installation
Work, Solar Power, and System Operations that shall comply with all
Applicable Law pertaining-to the health and safety of persons and real
and personal property.

8.2 Power Producer's Representatives

During the subsistence of this Agreement, the Power Producer undertakes to


respond to all questions, concerns and complaints of the Purchaser regarding
the System in a prompt and efficient manner. The Power Producer designates
the following individual as its representative pertaining to performance of this
Agreement till the Commercial Operation Date:

Name: ________________

Telephone: ____________________

Email: _______________________

The Power Producer designates the following individuals as its representative


and primary point of contact pertaining to performance of this Agreement
following the Commercial Operation Date till termination:

Name: __________________________

Telephone: _________________

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Email:_______________________

8.3 Purchaser's Covenants

Purchaser covenants and agrees to the following:

(a) Notice of Damage or Emergency: Purchaser shall (a) promptly notify


the Power Producer if it becomes aware of any damage to or loss of
the use of the System or that could reasonably be expected to
adversely affect the System; (b) immediately notify the- Power
Producer once it becomes aware of any event or circumstance that
poses an imminent risk to human health, the environment, the System
or the Premises.

(b) Liens: Purchaser shall not directly or indirectly cause, create, incur,
assume or suffer to exist any Liens on or with respect to the System or
any interest therein. If Purchaser breaches its obligations under this
Clause, it shall immediately notify the Power Producer in writing, and
shall promptly cause such Lien to be discharged and released of
record without any cost to the Power Producer, and shall indemnify the
Power Producer against all costs and expenses (including reasonable
attorneys fees and court costs) incurred in discharging and releasing
such Lien.

(c) Consents and Approvals: Purchaser shall ensure that any


authorizations required of Purchaser under this Agreement, including
those requited for installation of System at the Premises and to drawl
consume Solar Power are provided in a timely manner. The Purchaser
shall cooperate with the Power Producer to obtain such approvals,
permits, rebates or other 'financial incentives.

(d) Access to Premises Grant of License: Purchaser hereby grants to the


Power Producer a license co-terminus with the Term, containing all the
rights necessary for the Power Producer to use portions of the
Premises for the installation, operation and maintenance of the System
pursuant to the terms of this Agreement, including ingress and egress
rights to the Premises for the Power Producer and its employees and
authorized representatives and access to electrical panels and
conduits to interconnect or disconnect the System with the Premises

23
electrical wiring with the consent and approval of the Purchaser's
authorized representative identified by the Purchaser. Photo ids. will be
provided by the Power Producer. Power Purchaser will assist in
availing permissions to the site.

(e) Security: The building which has enhanced security of Solar Power
System Purchaser will keep the premises locked. lnspite of these
measures, if any damages to the System takes place due to theft or
vandalism then the same shall be claimed or reimbursed through
insurances by Power producer. In case of theft and vandalism acts, the
Purchaser will assist the Power Producer in procedures of filing FIRs,
insurance claims and any other related activities. Whenever, the
damages to the System occurs (except due to negligence of Power
Producer) then the same shall be jointly assessed by both the Parties
and a severity level will be decided, which will further decide the
duration offered to the Power Producer to correct the damage, and the
Power Producer shall he paid the amount on the basis of 'Deemed
generation' for such a period. Power Producer shall be entitled to any
insurance proceeds received for damages in this clause. Severity level
and period offered can be referred to in Annexure 2. Purchaser will not
conduct activities on, in or about the Premises that have a reasonable
likelihood of causing damage, impairment or otherwise adversely
affecting the System. If System is damaged due to any such activity or
through any other agency contracted by the Purchaser directly or
indirectly, such a damage will be borne by the Purchaser.

(f) Regardless of whether Purchaser is owner of the Premises or leases


the Premises from a landlord, Purchaser hereby covenants that (a) the
Power Producer shall have access to the Premises and System during
the Term of this Agreement, and (b) neither Purchaser nor Purchaser's
landlord will interferer or handle any of the Power Producer's
equipment or the System without written authorization from the Power
Producer.

(g) Temporary storage space during installation : Purchaser shall provide


sufficient space at the Premises for the temporary storage and. staging

24
of tools, materials and equipment and for the parking of construction
crew vehicles and temporary Construction, trailers and facilities
reasonably necessary during the Installation Work, System Operations
and access for rigging and material handling.

(h) Sunlight Easements: Purchaser will take all reasonable actions as


necessary to prevent other building, structures or flora from
overshadowing or otherwise blocking access of 'sunlight to the System,
including but not limited to-such actions as may be reasonably
necessary to obtain a solar access easement for such purpose. If there
is any loss of power due to such shading, the Power Producer may, at
its sole discretion, apply Deemed Generation as per Article 6.1

(i) Evacuation Purchaser shall off take 100% of the Solar Power
generated from the Delivery Point, and pay all invoices raised by the
Power Producer under this Agreement by the 'Due Date and pay
interest on delayed payments, if any, as per this Agreement.

(j) Water - Power Purchaser at zero cost shall arrange Raw Water at a
given .point as per the requirements of the Power Producer, for
periodic cleaning of the solar panels.

(k) Auxiliary Power The Purchaser shall provide sufficient auxiliary


power to the Power Producer for the maintenance and .operation of its
system, if available and possible, at the rate Purchaser is paying to the
Discom.
(l) Relocation - If one or more of the Solar Power Plant panels needs to be
temporarily moved or its generation suspended, for any other reason
requested by the Power Purchaser, the Power Purchaser will be
responsible for pre-agreed costs on actuals only, arising from moving,
disassembling and re-installing/ commissioning the Solar Power Plant,
as agreed between the Parties. The Power Producer will be
responsible for providing detailed documentary proof of the actual pre-
agreed costs borne for such relocation/disassembling. Within 30 days
of these satisfactory documents being provided by the Power
Producer, the Purchaser shall reimburse these pre-agreed expenses in
full, and delayed payment beyond the date mentioned above will attract

25
Late Payment charges as described in Clause 7.6. During any
interruption in generation during such a relocation, the Purchaser will
continue to be billed as per Deemed Generation, during the period of
interruption, for the affected Solar Power Plant(s).

9 Representations & Warranties

9.1 Representations and Warranties Relating to Agreement Validity

In addition to any other representations and warranties contained in the


Agreement, each Parry represent and warrants its to me other that:

(a) It is duly organized and validly existing and in good standing in the
jurisdiction of its incorporation;

(b) It has the full right and authority to enter into, execute, deliver, and
perform its obligations under the Agreement.

(c) It has taken all requisite corporate or other action to approve the
execution, delivery, and performance of the Agreement;

(d) The Agreement constitutes its legal, valid and binding obligation
enforceable against such Party in accordance with its terms;

(e) There is not litigation, action, proceeding or investigation pending or, to


the: best of its knowledge, threatened before any court or other
Governmental Authority by, against, affecting or involving any of its
business or assets that could reasonably be expected to adversely
affect its ability to carry out the transactions contemplated herein; and

(f) Its execution and performance of the Agreement and the transactions
contemplated hereby do not constitute a breach of any term or
provision of, or a default under (i) any contract or agreement to which it
or any of its Affiliates is a party or by which it or any of its Affiliates or
its or their property is bound, (ii) its organizational documents, or (iii)
any Applicable Laws.

10 Taxes and Governmental Fees

10.1 Purchaser obligations

Purchaser shall pay for any taxes, fees or charges imposed or authorized by
any Governmental Authority in future (as on date no such taxes/fees/charges

26
are being levied) on sale of the Solar Power to Purchaser pursuant to clause
7. The Power Producer shall notify Purchaser in writing with a detailed
statement of such amounts, which shall be invoiced by the Power Producer in
the monthly bills and payable by Purchaser. Purchaser shall timely report,
make filings for, and pay any and all sales, use, income or other taxes, and
any other amounts assessed against it due to its purchase of the Solar Power.
This Section10.1 excludes taxes specified in Section 10.2.

10.2 Power Producer Obligations

The Power Producer shall be responsible for all income taxes and any and all
franchise fees or similar fees assessed against it due to its ownership of the
System. The Power Producer shall not be obligated for any taxes payable by
or assessed against Purchaser based on or related to Purchasers overall
income or revenues.

11 Force Majeure

11.1 Definition

"Force Majeure Event" means any act or event that prevents the affected
Party from performing its obligation in accordance with the Agreement, if such
act or event is beyond the reasonable control of the affected Party and such
Party had been unable to overcome such act or event with the exercise of due
diligence (including the expenditure of reasonable sums). Subject to the
foregoing conditions, "Force Majeure Event" shall include without limitation the
following acts or events: (i) natural phenomena, such as storms, hurricanes,
floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires
arising from lighting or other causes unrelated to the acts or omissions of the
Party seeking to be excused from performance; (iii) acts of war or public
disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist
acts, or rebellion. A Force Majeure Event shall not be based on the economic
hardship of either Party. In case of any damage because of force majeure
event, the System shall be repaired / commissioned at its own cost by the
Power Producer.

11.2 Excused Performance: Except as otherwise specifically provided in the


Agreement, neither Party shall be considered in breach of the Agreement or
liable for any delay or failure to comply with the Agreement, if and to the

27
extent that such delay or failure is attributable to the occurrence of a Force
Majeure Event; provided that the Party claiming relief under this Section 11
shall immediately (i) notify the other Party in writing of the existence of the
Force Majeure Event, (ii) exercise all reasonable efforts necessary to
minimize delay caused by such Force Majeure Event, (iii) notify the other
Party in writing of the cessation or termination of said Force Majeure Event
and (iv) provided, however, that Purchaser shall not be excused from making
any payments and paying any unpaid amounts due in respect of Solar Power
delivered to Purchaser prior to the Force Majeure Event performance
interruption.

11.3 Termination as a Consequence of Force Majeure Event If a Force Majeure


Event shall have occurred that has affected the Power Producer's
performance of its obligations hereunder and that has continued for a
continuous period of one hundred eighty (180) days, then Purchaser shall be
entitled to terminate the Agreement and if such Force Majeure Event
continues for further ninety (90) days period, the Agreement shall
automatically terminate. Upon such termination for a Force Majeure Event,
neither Party shall have any liability to the other (other than any such liabilities
that have accrued prior to such termination).

12 Default

12.1 Power Producer Defaults and Power Purchaser Remedies

(a) Power Producer Defaults: The following events shall be defaults with
respect to the Power Producer (each, a "Power Producer Default").

(i) An Insolvency Event shall have occurred with respect to the Power
Producer;

(ii) Failure, to achieve Commissioning of the System within 6 months of


the Effective Date; and

(iii) The Power Producer breach any material term of the Agreement and
(A) if such breach can be cured within sixty (60) days after Purchaser's
written notice of such breach and the-Power Producer fails to cure the
same; or (B) the Power Producer fails to commence and pursue a cure
within such sixty (60) days period if a longer cure period is needed.

28
(b) Purchaser's Remedies:

(i) If a Power Producer Default described in Section 12.1 (a) has occurred
and is continuing, in addition to other remedies expressly provided
herein, and subject to Section 13, Purchaser shall have a right to
deliver a notice of its intention to terminate this Agreement ("Purchaser
Preliminary Default Notice"), which shall specify in reasonable detail,
the circumstances giving rise to the issue of such notice.

(ii) Upon the occurrence and continuation of Power Producer Default and
the failure by the Power Producer to cure such default within the
applicable cure period specified in this Article; the Purchaser shall be at
liberty avail the services of any other firm / successful bidder.

(iii) Following the issue of Purchaser Preliminary Default Notice, it shall be


the responsibility of the Parties to discuss as to what steps shall be
taken with .a view to mitigate the consequences of the relevant Power
Producer's Default having regard to all the circumstances: If the Power
Producer Default is not cured within a period of sixty (60) days of the
issue of Purchaser Preliminary Default Notice or any other such period
mutually agreed upon by the Parties, the Purchaser shall have the right
to terminate this Agreement by issuing a Purchaser Termination
Notice.

(iv) Upon the delivery of the Purchaser Termination Notice, this Agreement
shall stand terminated. The Power Producer shall have the liability to-
make payment within sixty (60) days from the date of Purchaser
Termination Notice towards compensation to Purchaser equivalent to
the difference between the Tariff and the grid rate notified by the
relevant Government Authority for that point in time multiplied by the
estimated Solar Power generated for a period of two 3; two (z) years
following the termination, considered on normative capacity utilization
factor.

29
(v) If the Power Producer fails to remove the System from the Premises
within one month from the date of termination, the Purchaser shall be
entitled to dispose of the System in any manner it deems fit.

(vi) The Power Purchaser may exercise any other remedy it may have at
law or equity or under the Agreement.

12.2 Power Purchaser Defaults and Power Producer's Remedies

(a) Purchaser Default: The following events shall be defaults with respect
to Purchaser (each, a "Purchaser Default")

(i) An Insolvency Event shall have occurred with respect to Purchaser;

(ii) Purchaser breaches any material term of the Agreement if (A) such
breach can be cured within sixty (60) days after the Power Producer's
notice of such breach and Purchaser fails to so Cure, or (B) Purchaser
fails to commence and pursue said cure within such sixty (60) day
period if a longer cure period is needed; and

(iii) Purchaser -fails to pay the Power Producer any undisputed amount or,
if the amount is disputed, an amount based on average consumption of
last three consecutive undisputed invoices to the Power Producer
under Section 7.7 of this Agreement within sixty (60) days from the
receipt of notice from the Power Producer of such past due amount

(b) Power Producer's Remedies: If a Purchaser Default described in


Sections 12.2 (a) has occurred and is continuing, in addition to other
remedies expressly provided herein, and subject to Section 13, the
Power Producer shall be entitled to terminate this Agreement by
serving a fifteen (15) days notice and upon such termination, (A) the
Power Producer shall be entitled to receive from Purchaser the
Purchase Price. The Purchase Price payable shall be the Purchase
Price Specified in Schedule III that falls on such date. Upon the
payment of the Purchase Price, the Power Producer shall cause the
title of the System to transfer to the Purchaser and (b) the Power
Producer may exercise any other remedy it may have at law or equity
or under the Agreement.

13 Limitations of Liability

30
13.1 Except as expressly provided herein, neither Party shall be liable to the other
Party or its Indemnified Persons for any special, punitive, exemplary, indirect,
or consequential damages, losses or damages for lost revenue or lost profits,
whether foreseeable or not, arising out of, or in connection with the
Agreement.

13.2 Subject to the provisions of the Agreement, the Power Producer shall be
solely responsible for the manner in which its obligations under this
Agreement are to be performed. All employees and representatives of the
Power Producer, or contractors engaged by the Power producer in connection
with Power Producer and shall not be deemed to be employees,
representatives, contractors of the Purchaser Nothing contained in the
Agreement or in any agreement or contract executed by the Power Producer
shall be construed to create any contractual relationship between any such
employees, representatives or contractors and the Purchaser.

13.3 Notwithstanding any liability. or obligation that may arise under this
Agreement, any loss, damage, liability, payment, obligation or expense which
is insured or not or for which the Purchaser can claim compensation under
any insurance policy, shall not be charged to or payable by the Purchaser

14 Assignment & Novation

14.1 Assignment: Notwithstanding anything contained herein, the Power Producer


has the right to assign all or any of its rights under this Agreement (including
rights over any assets hereunder), to any third party including, though not
restricted to any lender, equipment lessor or other party(Assignment), with
the consent of the Power Purchaser. The Power Purchaser shall not
unreasonably withhold such consent. In the event of such assignment, the
Purchaser will be able to hold the Power Producer as well as the party to
whom the benefits under this contract are assigned, to be jointly and severally
responsible for performing the obligations under this contract. Further, in the
event of assignment, the Purchaser agrees to make the payments due to the
Power Producer under this agreement, directly to the assignee, upon receipt
of such notice by the Power Producer.

If the Power Producer were to sell the Solar Power Plant, then the new
buyer(s) would need to abide by this Agreement. Further, the Power Producer

31
reserves the right to assign whole or part of the assets to lenders/ leasing
companies. Purchaser may assign its rights under this Agreement, without the
prior consent of Power Producer, to an Affiliate or any successor in interest to
Purchaser, whether by way of merger, reorganization or sale of assets
(including any sale of a line of business). This Agreement shall inure to the
benefit of and be binding upon Purchaser and its successors or assigns.
However, any such actions as intended by the Power Producer under Article
14.1 and Article 14.2 shall be binding on Power Purchaser ,if there are zero
material inconsistencies present in the contract provisions during the time of
assignment/novation, else, it shall be construed as default in contract and
appropriate actions shall be taken as deemed fit.

14.2 Novation: The Parties agree and acknowledge that the Power Producer may
intend to novate the Agreement to a party, and has the right to transfer any or
all of its rights and obligations under this Agreement to a party or any other
third party (New Party), with the consent of the Power Purchaser. The Power
Purchaser shall not unreasonably withhold such consent. Upon Novation, the
New Party shall automatically and without any further action be entitled to all
the same rights and assume the same obligations, under this Agreement, as if
it were originally a party to this Agreement. Further, the Purchaser hereby
agrees and undertakes that, promptly upon receiving a request from the
Power Producer, the Purchaser shall execute such further writings, deeds
and/or agreements and take all such further actions as may be necessary for
effecting or implementing the transfer of any or all of the Power Producers
rights and/or obligations under this Agreement to the New Party. If the parties
agrees to do Novation then separate Novation agreement shall be executed.

14.3 Notices

Unless otherwise provided in the Agreement, all notices and communications


concerning the Agreement shall be in writing and addressed to the Parties at
the addresses set forth below:

Power Producer's address and contact details:


________________

32
Purchasers address and contact details:

___________________________

14.3 Notice

Unless otherwise provided herein, any notice provided for in the Agreement
shall be hand delivered, sent by registered post, or by courier delivery, or
transmitted by facsimile and shall be deemed delivered to the addressee or its
office when received at the address for notice specified above when hand
delivered or sent toy courier delivered or sent by courier delivery, upon
posting if sent by registered post and upon confirmation of sending when sent
by facsimile on the next Business Day.

15. Confidentiality

15.1 Confidentiality obligation

(a) If the Power Producer provides confidential information, including


business plans, strategies, financial information, proprietary, patented,
licensed, copy righted or trademarked information, and / or technical
information regarding the , design, operation and maintenance of the
System ("Confidential Information") to Purchaser or, if in the course of
performing under the Agreement or negotiating the Agreement
Purchaser learns Confidential Information regarding the facilities or
plans of the Power Producer, Purchaser shall (a) protect the
Confidential information from disclosure to third parties with the same
degree of care accorded its own confidential and proprietary
information, and (b) refrain from using such Confidential Information,
except in the negotiation and performance of the Agreement.
Notwithstanding the above, Purchaser may provide such Confidential
Information to its officers, directors, manager, employees and Affiliates
(collectively "Representatives"), in each case whose access is
reasonably necessary for purposes of the Agreement. Each such
recipient of Confidential information shall be informed by Purchaser of
its confidential nature and shall be directed to treat such information
confidentially and shall agree to abide by these provisions. Purchaser

33
shall be liable for any breach of this provision by any entity to whom it
improperly discloses Confidential Information. All Confidential
Information shall remain the property of the Power Producer and shall
be returned to. it after Purchaser's need for it has expired or upon the
request of the Power Producer.

(b) If the Purchaser provides confidential information, including business


plans, strategies, financial information, proprietary, patented, licensed,
copy righted or trademarked information, ("Confidential Information") to
the Power Producer or, if in the course of performing under the
Agreement or negotiating the Agreement the Power Producer learns
Confidential Information regarding the facilities Or plans of the
Purchaser, the Power Producer shall (a) protect the Confidential
Information from disclosure to third parties with the same degree of
care accorded its own confidential and proprietary information, and (b)
refrain from using such Confidential Information, except in the
negotiation and performance of the Agreement. Notwithstanding the
above, the Power Producer may provide such Confidential Information
to its officers, directors, managers, employees and Affiliates
(collectively, "Representatives"), in each case whose access is
reasonably necessary for purposes of the Agreement. Each such
recipient of Confidential. Information shall be informed by the Power
Producer of its confidential nature and shall be directed to treat such
information confidentially and shall agree to abide by these provisions.
The Power Producer shall be liable for any breach, of this provision by
any entity to whom it improperly discloses Confidential Information. All
Confidential Information shall remain the property of the Purchaser and
shall be returned to it after the Power Produce's need for it has expired
or upon the request of the Purchaser.

Permitted Disclosures

Notwithstanding any other provision contained herein, neither Party shall be


required to hold confidential any information that

(a) becomes publicity available other than through the receiving Party.

34
(b) is required to be disclosed under Applicable Law or pursuant to a
validity issued notice or required filling, but a receiving Party subject to
any such requirement shall promptly notify the disclosing Party of such
requirement

(c) is independently developed by the receiving Party ; or

(d) becomes available to the receiving Party without restriction from a third
party under no obligation of confidentiality..

16 Indemnity

16.1 Power Producer's Indemnity

Subject to Section 13, the Power Producer agrees that it shall indemnify and
hold harmless Purchaser and its members, officers, employees, students,
casual laborers, persons permitted' to run any business or service, such as
canteens, stores, photocopy units, banks, post office, courier service, hospital
and to any lawful visitors (collectively, the "Purchaser Indemnified Parties")
from and against any and all Losses incurred by the Purchaser Indemnified
Parties to the extent arising from or out of the following any claim for or arising
out of any injury to Or death of any Person or Loss or damage to Property of
any Person to the extent arising out of the Power Producer's negligence or
willful misconduct. The Power Producer shall not, however, be required to
reimburse or indemnify any Purchaser Indemnified Party for any Loss to the
extent such Loss is due to the negligence or willful misconduct of any
Purchaser indemnified Party.'

16.2 Purchaser's Indemnity

Subject to Section 13, Purchaser agrees that it shall indemnity, defend and
hold harmless the Power Producer, its permitted successors and assigns and
their respective directors, officers, employees, contractors, sub-contractors,
and agents (collectively, the "Power Producer indemnified Parties") from and
against any and all Losses incurred by the Power Producer Indemnified
Parties to the extent arising from or out of any claim for or arising out of any
injury to or death or any Person or loss or damage to property of any Person
to the extent arising out of Purchaser's negligence or willful misconduct.
Purchaser shall not, however, be required to reimburse or indemnify any

35
power Producer Indemnified Party for any Loss to the extent such Loss is due
to the negligence or willful misconduct of any Power Producer Indemnified
Party.

17. Miscellaneous

17.1 Amendments

This Agreement may only be amended, modified or, supplemented by an


instrument in writing executed by duly authorized representatives of the
Power Producer and Purchaser.

17.2 Goodwill and Publicity

Neither Party shall use any name, trade name, service mark or trademark of
the other Party in any promotional or advertising material without the prior
written consent of such other Party. The Parties shall coordinate arid
cooperate with each other when making public announcements related to the
execution and existence of this Agreement, and each Party shall have the
right to promptly review, comment upon and approve any publicity materials,
press releases and other public statements by the other Party that refer to, or
that describe any aspect of, this Agreement; provided that no such publicity
releases or other public statements (except for fillings or other statements or
releases as may be required by applicable law) shall be made by either Party
without the prior written consent of the other Party. Without limiting the
generality of the foregoing and whether or not the consent of the other Party is
required or obtained, all public statements must accurately reflect the rights
and obligations of the Parties under this Agreement.

17.3 Industry Standards

Except as otherwise set forth herein, for the purpose of the Agreement, the
normal standards of performance within the solar photovoltaic power
generation Industry in the relevant market shall be the, measure of whether a
Party's performance is reasonable and timely. Unless expressly defined
herein, words having well-known technical or trade meanings shall be so
construed.

17.4 Cumulative Remedies

36
Except as set forth to the contrary herein, any right or remedy of the Power
Producer or Purchaser shall be cumulative and without prejudice to any other
right or remedy.

17.5 No Waiver

The failure of the Power Producer or Purchaser to enforce any of the


provisions of the Agreement, or the waiver thereof, shall not be construed as
a general waiver or relinquishment on its part of any such provision in any
other instance or of any other provision in any instance.

17.6 Survival

The obligations under Section 8:1 (d) (Power Producer Covenant), Sections
8.3(d), (e), (f) and (g) (Purchaser Covenants), Section 10 (Taxes and
Governmental Fees), Section 13 (Limitation of Liability) Section 12.2
(Notices), Section 15 (Confidentiality), or pursuant to other provisions of this
Agreement that, by their nature and context, are intended to survive.
termination of this Agreement shall survive the expiration or termination of this
Agreement for any reason.

17.7 Governing Law & Jurisdiction

(a) This Agreement shall be governed by and construed in accordance


with the laws of India. The Parties agree that the courts in Delhi shall
have jurisdiction over any action or proceeding arising under the
Agreement.

(b) In the event of any Dispute, difference of opinion or dispute or claim


arising out of or relating to this Agreement or breach, termination or the
invalidity thereof, shall firstly be attempted to be resolved by
conciliation. The procedure as mentioned in JMI Works Manual
prevalent at the time of such dispute is to be followed to carry out the
said conciliation.

(c) Arbitration Procedure:

(i) In case of any dispute arising out of this Agreement or otherwise,


between the parties hereto, JMI manual dispute resolution
methodology will be used. A period of not more than 15 days will be
allotted at each stage of resolution. Upon failure to resolve the said

37
dispute through conciliation the dispute shall be referred to arbitration
and the Vice Chancellor JMI shall be the appointing authority, who will
appoint a sole arbitrator. The arbitrator shall be appointed within a
period of 30 days from the date of receipt of written notice / demand of
appointment of arbitrator form either Party. The cost of the arbitration
will be shared equally by Power. Producer and the Purchaser.

(ii) The venue of such arbitration shall be Delhi / New Delhi. The arbitral
award shall be binding on both Parties. The arbitration proceedings
shall be governed by the Indian Arbitration and Conciliation Act, 1996,
as amended from time to time including provisions in force at the time
the reference is made.

(d) During the dispute resolution period, both the Parties shall continue to perform
their respective obligations as per provisions of the Agreement.

(e) This Section 17 is severable form the rest of this Agreement and shall remain
in effect even if this Agreement is terminated for any reason.

17.8 Severability

If any term, covenant or condition in the Agreement shall, to arty extent, be


invalid or unenforceable in any respect under Applicable Law, the remainder
of the Agreement shall not be affected thereby, and each term, covenant or
condition of the Agreement shall be valid and enforceable to the fullest extent
permitted by Applicable Law and if appropriate, such invalid or unenforceable
provision shall be modified or replaced to give effect to the underlying intent of
the Parties and to the intended economic benefits of the Parties.

17.9 Successors and Assigns

This Agreement and the rights and obligations under the Agreement shall be
binding upon and shall inure to the benefit of the Power Producer and
Purchaser and their respective successors and permitted assigns.

17.10 Counterparts

This Agreement may be executed in one or more counterparts, all of which


taken together shall constitute one and the same instrument.

17.11 Independent Service Provider

38
This Agreement is on a principal to principal basis between the parties hereto
Nothing contained in tills Agreement shall be construed or deemed to create
any association, partnership or joint venture or employer employee
relationship or principal-agent relationship in any manner whatsoever
between the Parties

17.12 Non-Exclusive Agreement

This Agreement is on non-exclusive basis. The Purchaser is free to engage


any other service provider's or may entrust services similar to those provided
by the Power Producer under this Agreement to any other person/s, provided
the Power Producer's rights under this Agreement are not affected in any
manner

17.13 Entire Agreement

This Agreement constitutes the entire agreement between the Parties hereto
with respect of the subject matter of this Agreement and supersedes all prior
agreements and undertakings; written or oral, with respect to the subject
matter hereof except as otherwise expressly provided herein. The Schedules
annexed to this Agreement also form a part of this Agreement.

17.14 Insurance

The Power Producer shall maintain at its own costs, throughout the tenure of
this Agreement and any extensions thereof all mandatory insurance coverage
for adequate amount including but not restricted to comprehensive general
liability insurance including theft and vandalism, covering the System and
accidental losses, bodily harm, injury, death of all individuals employed/
assigned by the Power Producer to perform the services required under this
Agreement.

17.15 Annual accounts reconciliation shall be conducted annually between the


Power Producer and Purchaser.

IN WITNNESS WHEREOF the Parties have caused the Agreement to be duly


executed through their duly authorized representatives as of the date set forth
above.

39
FOR & ON BEHALF OF FOR & ON BEHALF OF POWER

THE Vice Chancellor JMI PRODUCER

Signature : Signature :

Name : Name :

Designation : Designation :

WITNESSES WITNESSES

1) Signature : 1) Signature :

Name : Name :

Designation : Designation :

2) Signature : 2) Signature :

Name : Name :

Designation : Designation :

40
SCHEDULE 1

Description of the Premises: Jamia Millia Islamia Campus.

Premises Overview

Segment Office Building

Type of Roof Flat Concrete

Hours of Operation 12 Hours, 5 Days a week

Security Gated Complex with dedicated round the clock

security arrangement

Capacity and Area Requirement

Capacity 2.25MWp

Module Area 77420.07 sqr mtr (PV Syst)

Number of Building roof 71____

Capacity 2.25MWp

Distribution

41
SCHEDULE II

FEES
Following are the details of the tariff agreed between the parties.
Purchase shall pay power producer for solar power at the rate equal to INR Not to
be quoted/KWh which is the levelized tariff as per JMI allocation.
Year wise tariff is as follows.
year 1
year 2
year 3
year 4
year 5
year 6
year 7
year 8
year 9
year 10
year 11
year 12
year 13 Not to be quoted only for technical Bid
year 14
year 15
year 16
year 17
year 18
year 19
year 20
year 21
year 22
year 23
year 24
year 25
The fees and payment details are provided in detail under clause 7 of this
agreement.

42
SCHEDULE III
The following is the purchase value of the system over a period of 25 years.
This may be applicable under the following conditions.
1. The Power Purchaser terminates the PPA before the 25 years PPA Tenure
2. The Power Purchaser wishes to own the Project before the Tenure of the
PPA.
3. The Solar Project is relocated or shifted owing to demolition of the Building,
damage to the building, change of city plans or any other reason.
The Price reference taken for calculating the total cost of the system is as per RFS
rates for the state of NCT Delhi has used the CERC guidelines for arriving at the
Project cost.

Purchase Price for (Not to be quotes only part of technical bid)Kwp system @ Rs. -

watt.

Year Salvage Value (Rs.)

1st year 100%

2nd year 96%

3rd year 92%

4th year 88%

5th year 84%

6th year 80%

7th year 76%

8th year 72%

9th year 68%

10th year 64%

11th year 60%

12th year 56%

13th year 52%

43
14th year 48%

15th year 44%

16th year 40%

17th year 36%

18th year 32%

19th year 28%

20th year 24%

21th year 20%

22nd year 16%

23rd year 12%

24th year 8%

25th year 4%

44
Client : _

Project : ___kWp Solar On-Grid Power Project ___

Location : New Delhi


Design Criteria

Expected Yearly Energy Generation Sheet


End of Yearly Degradation 'MWh' Global incident in Energy injected
Year (Modules & System) coll. Plane (GlobInc) into grid (E_Grid)
'kWh/Sq.mtr' Yearly 'MWh' Yearly 'A'
1 Degradation consider in
Pvsyst generation data

2 1.0%

3 1.0%

4 1.0%

5 1.0%

6 1.0%

7 1.0%

8 1.0%

9 1.0%

10 1.0%

11 1.0%

45
12 1.0%

13 1.0%

14 1.0%

15 1.0%

16 1.0%

17 1.0%

18 1.0%

19 1.0%

20 1.0%

21 1.0%

22 1.0%

23 1.0%

24 1.0%

25 1.0%

46
SCHEDULE V

Government approvals

1. To be obtained by the power producer

All approvals including approvals/consents required under local regulations,


building codes and approvals required from the distribution utility etc. relating
to installation and operation of the system (including the government
incentives/subsidies available for the project) and generation and supply of
solar power from the Project.

2. To be obtained by Power Purchaser

Any authorizations required of purchaser, including those required for


installation of system at the premises. Permissions and coordination with
DISCOM or any related organization for NET METERING. Power Purchaser
will apply for net metering and bear the cost of net meter only.

47
NAME OF THE BENEFICIARY

PRINCIPAL PLACE OF BUSINESS &


ADDRESS

NAME OF THE BANK

BANK ADDRESS

BANK ACCOUNT NO.

TYPE OF BANK ACCOUNT - SB/CA/CC

IFSC/NEFT/RTGS CODE

MICR CODE

PAN CARD NO.

PHONE NO./FAX NO. WITH STD CODE

EMAIL ID OF CONTACT PERSON

48
ANNEXURE 2

Severity levels of damages and Deemed Generation Period allotted to

Power Producer

S.No. Levels of Severity Damages under the Period of Corrective


category action and Deemed
generation

1. Severity Level 1 Damage to complete 30 Days from the


system, and no Identification of damage
generation is taking
place

2. Severity Level 2 Damages to the system 15 Days from the


and partial generation is Identification of Damage
taking place. Modules or
individual inverters are
damaged or have been
subjected to acts of theft

3. Severity Level 3 Damage to the system 7 Days from the


but reduced generation Identification of Damage
is taking place. Cabling
or Interconnection faults
have taken place

49
JAMIA MILIA ISLAMIA
(A CENTRAL UNIVERSITY)
Invites Request for Selection (RFS) of Bidders
For
Implementation of Grid Connected Roof Top Solar PV
System Scheme

On the Roofs of JMI


Under RESCO model

RFS No:
Dated:

JAMIA MILIA ISLAMIA

Telephone No & Fax No: 26981717, 26980229

JMI website: www.jmi.ac.in

Email: @jmi.ac.in
INDEX

Section No CONTENTS Page No.

A: Introduction, Bid details and


Section-I instructions to the Bidders. B: 11-28
Conditions of Contract

Section-II Evaluation Criteria 29-35

Section-III Technical Specifications 36-48

Formats for Submitting RFS & Checklist


Section-IV 49-61
(Format-1 to Format-5)

Tentative roofs location of


Annexures 01-03
JAMIA

..

2
JAMIA MILIA ISLAMIA
(A Central University)

RFS No: Date:

Jamia Millia Islamia University (hereinafter called JMI), invites bids from the eligible
bidders to participate in the Request for Selection (RFS) for design, manufacture,
supply, erection, testing and commissioning including warranty, operation &
maintenance for a period of 25 years of Roof Top Solar PV power system on the
roofs of JMI.

For the implementation of above mentioned work, Bidders should submit their bid
proposal along with all supporting documents complete in all aspect on or before
19.07.2017 upto 11:00 a.m. in the office of Prof. In-Charge Building & Construction
Deptt. JMI in prescribed format.

Bidder shall submit bid proposal along with non-refundable processing fee, complete
in all respect as per the Bid Information sheet. Techno-Commercial bids will be
opened on 19.07.2017 at 11:30 a.m. in presence of authorised representatives of
bidders who wish to be present. Bid proposals received without the prescribed
processing fee and Bid Bond will be rejected. In the event of any date indicated
above is a declared Holiday, the next working day shall become operative for the
respective purpose mentioned herein.

Bid documents which include Eligibility criteria, Technical Specifications, various


conditions of contract, formats, etc. can be downloaded from JMI website
www.jmi.ac.in. Any amendment (s)/corrigendum/clarifications with respect to this
Bid shall be uploaded on JMI website only. The Bidder should regularly follow up for
any Amendment/Corrigendum/Clarification on the above website.

3
DISCLAMIER:

1. Though adequate care has been taken while preparing the RFS document,
the Bidders shall satisfy themselves that the document is complete in all
respects. Intimation of any discrepancy shall be given to this office
immediately. If no intimation is received from any Bidder within twenty (20)
days from the date of notification of RFS/Issue of the RFS documents, it shall
be considered that the RFS document is complete in all respects and has
been received by the Bidder.

2. Jamia Millia Islamia (JMI) reserves the right to modify, amend or supplement
this RFS document including all formats and Annexures.

3. While this RFS has been prepared in good faith, neither JMI nor their
employees or advisors make any representation or warranty, express or
implied, or accept any responsibility or liability, whatsoever, in respect of any
statements or omissions herein, or the accuracy, completeness or reliability of
information, and shall incur no liability under any law, statute, rules or
regulations as to the accuracy, reliability or completeness of this RFS, even if
any loss or damage is caused by any act or omission on their part.

4
BID INFORMATION SHEET

Document Description The bidding process under this rooftop scheme is for
2.25 MWp (RESCO Model).
RFS No. & Date RFS No: JMI/ Dated: 01-06-2017
Broad Scope Design, Engineering, Manufacture, Supply,
Storage, Civil work, Erection, Testing &
Commissioning of the grid connected rooftop solar
PV project including Operation and Maintenance
(O&M) of the project for a period of 25 years after
commissioning of projects .
Pre-bid Conference/ A pre-bid conference shall be held on 05-07-2017 at
11:00 A.M at Prof. In-Charge Building &Construction
Clarification Meeting
Department JMI office. Only one person from the
bidder company is allowed to attend the same
Last date & Time of
Submission of Response of RFS 19.07.2017 up to 11.00 A M

Bid Opening (Techno-


19.07.2017 at 11:30 PM
Commercial)
Bid documents Fee (non- Rs. 1500/- (Rs. Fifteen Hundred only) to be furnished
refundable) through Demand Draft (DD) drawn in favour of
Registrar, Jamia Millia Islamia, payable at New
Delhi along with Bid. Please refer Clause
3.10.1.1 (A) (ii) for details.
Earnest Money Rs. 33,75,000/- in inform of demand draft only of
scheduled bank issued in favour of Registrar, Jamia
Millia Islamia along with bid document without cost
bed document and earnest money in separate small
envelope other than bid documents the technical/
financial bid will not be entertained.

To ensure due performance of the contract


performance guarantee will be obtained from a
successful bidder awarded the contract for an amount
of Rs. 84,37,500/= in the form of demand draft only
Performance Security
from a scheduled bank. The performance security
shall be furnished by successful bidder after issue of
letter of allocation by JMI Please refer to clause 3.15
of section -1for detail.

Name, Designation, Address and Superintendent Engineer,


other details (For Address: Building and Construction Department,
Submission of Response to Jamia Millia Islamia University, Jamia Nagar,
RFS) New Delhi-110025.

5
Important Note: Prospective bidders are requested to remain updated for any
notices/amendments/clarifications etc. to the RfS document through the website
www.jmi.ac.in. No separate notifications will be issued for such
notices/amendments/clarification etc. in the print media or individually. All the information
related to this RFS shall be updated in the JMI website www.JMI.ac.in

6
1.0. DEFINITIONS & ABBREVIATIONS

In this Bid / RFS Document the following words and expression will have the
meaning as herein defined where the context so admits:

1.1. Affiliate shall mean a company that either directly or indirectly a.

controls or

b. is controlled by or
c. is under common control with

a Bidding Company and control means ownership by one company


of at least twenty six percent (26%) of the voting rights of the other
company.

1.2. "B.I.S" shall mean specifications of Bureau of Indian Standards (BIS);

1.3. Bid shall mean the Techno Commercial and Price Bid submitted by the
Bidder along with all documents/credentials/attachments annexure etc.,
in response to this RFS, in accordance with the terms and conditions
hereof.

1.4. Bidder/Bidding Company shall mean Bidding Company submitting


the Bid. Any reference to the Bidder includes Bidding Company /
including its successors, executors and permitted assigns as the
context may require;

1.5. Bid Bond shall mean the unconditional and irrevocable bank
guarantee to be submitted along with the Bid by the Bidder under
Clause 3.14 of this RFS, in the prescribed Format- 3;

1.6. Bid Deadline shall mean the last date and time for submission of Bid
in response to this RFS as specified in Bid information Sheet;

1.7. Bid Capacity shall means capacity offered by the bidder in his Bid
under invitation.

1.8. CEA shall mean Central Electricity Authority.

1.9. Chartered Accountant shall mean a person practicing in India or a


firm whereof all the partners practicing in India as a Chartered
Accountant(s) within the meaning of the Chartered Accountants Act,
1949;

1.10. Competent Authority shall mean Vice-Chancellor, Jamia Millia


Islamia himself and/or a person or group of persons nominated by
Vice-Chancellor for the mentioned purpose herein;

7
1.11. Commissioning means Successful operation of the Project / Works
by the Contractor, for the purpose of carrying out Performance Test(s)
as defined in RFS.

1.12. Company shall mean a body incorporated in India under the


Companies Act, 1956 or Companies Act,2013 including any
amendment thereto;

1.13. Capacity Utilization Factor (CUF) means the ratio of the annual
output of the plant in kWh versus installed plant capacity for number of
days. CUF = plant output in kWh / (installed plant capacity in kW *
365X24).

1.14. Eligibility Criteria shall mean the Eligibility Criteria as set forth in
Clause 3.4 of this RFS;

1.15. Financially Evaluated Entity shall mean the company which has
been evaluated for the satisfaction of the Financial Eligibility Criteria set
forth in Clause 3.4.3 hereof;

1.16. "IEC" shall mean specifications of International Electro-technical


Commission;

1.17. "kWp" shall mean Kilo-Watt Peak;

1.18. "kWh" shall mean Kilo-Watt-hour;

1.19. "MNRE" shall mean Ministry of New and Renewable Energy,


Government of India;

1.20. Maximum Bid Capacity shall mean 2.25 MWp which is the maximum
capacity for which the Bidder can submit its Bid.

1.21. Model(s) RESCO model

1.22. "O&M" shall mean Operation & Maintenance of Rooftop Solar PV


system;

1.23. Owner of project shall mean the Successful bidder who has taken
the roof on mutually agreed terms and conditions from the roof top of
Jamia Millia Islamia and enters into a PPA with the JMI for supply of
solar power for at least 25 years from the date of Commissioning of
project.

1.24. Levellized Tariff shall mean the tariff offered by the Bidder for 25
years the Scope of work as per RFS document.
1.25. Project capacity means Capacity in kWp as mentioned in the Bid
Document.

8
1.26. Performance Ratio (PR) means Performance Ratio (PR) means
the ratio of plant output versus installed plant capacity at any instance
with respect to the radiation measured. PR= (Measured output in kW
/Installed Plant capacity in kW * (1000 W/m2/Measured radiation
intensity in W/m2).

1.29. Project Sanction Documents shall mean the documents as


Specified in Annexure A

1.30. Price Bid shall mean Envelope II of the Bid, containing the Bidders
quoted Price as per the Section- IV of this RFS;

1.31. Qualified Bidder shall mean the Bidder(s) who, after evaluation of
their Techno Commercial Bid as per Clause 3.4 stand qualified for
opening and evaluation of their Price Bid;

1.32. "RFS" shall mean Request for Selection (RFS)/Bid document/Tender


document

1.33. RESCO shall mean Renewable Energy Service Companies

1.34. RESCO model shall mean where the bidders intend to take a roof top
owned by JMI on mutually agreed terms and conditions and enters into
the PPA with JMI for supply of Solar power for 25 years from the date
of Commissioning of project.

1.35. Statutory Auditor shall mean the auditor of a Company appointed


under the provisions of the Companies Act, 1956 or under the
provisions of any other applicable governing law;

1.36. Successful Bidder shall mean the Bidder (selected by JMI pursuant
to this RFS for Implementation of Grid Connected Roof Top Solar PV
System as per the terms of the RFS Documents,

1.37. Tendered Capacity shall mean the Total aggregate capacity of 2.25
MWp, proposed to be allocated by JMI to the Successful Bidder
through this bidding process as per terms and conditions specified
therein;

1.39. Wp shall mean Watt Peak

9
INTERPRETATIONS

1. Words comprising the singular shall include the plural & vice versa

2. An applicable law shall be construed as reference to such applicable law including


its amendments or re-enactments from time to time.

3. A time of day shall save as otherwise provided in any agreement or document be


construed as a reference to Indian Standard Time.

4. Different parts of this contract are to be taken as mutually explanatory and


supplementary to each other and if there is any differentiation between or among
the parts of this contract, they shall be interpreted in a harmonious manner so as
to give effect to each part.

5. The table of contents and any headings or sub headings in the contract has been
inserted for case of reference only & shall not affect the interpretation of this
agreement.

10
SECTION - I

A. INTRODUCTION, BID DETAILS AND INSTRUCTIONS TO THE BIDDERS

1. INTRODUCTION

1.1 This scheme with aggregate capacity of 2.25 MWp envisages installation of grid-
connected roof top solar PV projects on the roofs of JMI. The generated solar
power will be utilized for captive application and the surplus power will be fed to
the grid. The scheme aims to reduce the fossil fuel based electricity and make
building self-sustainable from the point of electricity, to the extent possible.

1.2 JMI, hereby invites interested companies to participate in the bidding process for
the selection of Successful Bidder(s) for implementation of large scale grid-
connected roof top Solar Photovoltaic Projects under this pilot scheme.

1.3 The Bidder is advised to read carefully all instructions and conditions appearing in
this document and understand them fully. All information and documents required
as per the bid document must be furnished. Failure to provide the information and /
or documents as required may render the bid technically unacceptable.

1.4 The bidder shall be deemed to have examined the bid document, to have
obtained his own information in all matters whatsoever that might affect the
carrying out the works in line with the scope of work specified elsewhere in the
document at the offered rates and to have satisfied himself to the sufficiency of
his bid. The bidder shall be deemed to know the scope, nature and magnitude of
the works and requirement of materials, equipment, tools and labour involved,
wage structures and as to what all works he has to complete in accordance with
the bid documents irrespective of any defects, omissions or errors that may be
found in the bid documents.

2.0 BID DETAILS:

2.1 The bidding process under this rooftop scheme is for 2.25 MWp capacity
under RESCO model. The Bidder shall have to submit bids for the full
capacity. Bid with capacity less than the capacity shall be rejected.

2.2 Levellized Tariff:

Maximum allowable levellized tariff for this part is Rs. 5.10 Per kWh
and the bids with levellized tariff in excess of Rs. 5.10 Per kWh will be
rejected.

2.3 JMI reserves the right to allocate part capacity also subject to acceptance of

the bidder.

11
3 INSTRUCTIONS TO THE BIDDERS

3.1. Bidder must meet the eligibility criteria independently as a Bidding Company.
Bidder must meet the eligibility criteria independently as a Bidding Company
or as a Bidding Consortium with one of the members acting as the Lead
Member of the Bidding Consortium. Bidder will be declared as a Qualified
Bidder based on meeting the eligibility criteria and as demonstrated based on
documentary evidence submitted by the Bidder in the Bid.
In case of a Bidding Consortium the Financial Eligibility criteria like Annual
turnover or Net worth as indicated in Clause 3.4.3, shall be fulfilled by the
Lead Member or Parent Company of the Lead Member while the Technical
Eligibility Criteria shall be fulfilled by consortium members. In case bidder is a
consortium, a Consortium Agreement as per the Format-10 shall be furnished
along with the bid.

3.2. Financial Consortium is not allowed in this Bidding Process. Consortium is


only permitted for Technical partnership as per Format- 10. Further in-case
where the bidding company has used the financial eligibility criteria of its
parent company then it needs to be ensured that no change in the controlling
equity of the Bidding Company is done before 5 years from the date of
commissioning of the sanctioned capacity requires prior approval of JMI.

All members of the consortium should be registered as a Company only.

However, Members of the Consortium may form the Project Company as


specified in Clause 3.5. Bidder including its member of the consortium can
submit one bid only.

3.3. Bidder can however use the technical and financial strength of its Parent
Company to fulfil the Technical and/or Financial Eligibility criteria mentioned
below. In such case, Bidders shall submit an Undertaking from the Parent
Company as per Format - 9 and also furnish a certificate of relationship of
Parent Company or Affiliate with the Bidding Company as per Format-8,
Company Secretary certificate towards shareholding pattern of the Parent
Company and the Bidding Company along with a Board resolution from the
Parent Company.

3.4 ELIGIBILITY CRITERIA

3.4.1 GENERAL

(a) The Bidder should be either a body incorporated in India under the Companies
Act, 1956 or 2013 including any amendment thereto and engaged in the
business of Solar Power.

A copy of certificate of incorporation shall be furnished along with the


bid in support of above.

12
3.4.2 TECHNICAL ELIGIBILITY CRITERIA:
a. The Bidder should have designed, supplied ,installed & commissioned at
least one RESCO based Grid connected Solar PV Power Project having a
capacity of Three similar work each capacity not less than 0.9 MWp or two
similar works each capacity not less than Rs. 1.3 MWp One similar work
capacity not less than1.8 MWp. The PV Plant should have been under
continuously operation at least 2 years after commissioning prior to Techno-
Commercial Bid Opening date. The list of project commissioned prior to
Techno-Commercial Bid Opening date, indicating whether the project is grid
connected, along with a copy of the Commissioning certificate and Work
order / Contract / Agreement/ from the Client/Owner shall be submitted in
support of Clause 3.4.2 (a) above.

3.4.3 FINANCIAL ELIGIBILITY CRITERIA:

(a) The Bidder should have an Annual Turnover or Net worth as indicated below.

i. The Annual turnover of Rupees 7.5 Crores per MW (for 2.25 MW) in the last 3
financial years preceding the Bid Deadline.

3.6 BID SUBMISSION BY THE BIDDER


3.6.1 The information and/or documents shall be submitted by the Bidder as per the
formats specified in Section-IV & in the Financial BID of this document.

3.6.2 Strict adherence to the formats wherever specified, is required. Wherever,


information has been sought in specified formats, the Bidder shall refrain from
referring to brochures /pamphlets. Non-adherence to formats and / or
submission of incomplete information may be a ground for declaring the Bid
as non-responsive. Each format has to be duly signed and stamped by the
authorized signatory of the Bidder.

3.6.3 The Bidder shall furnish documentary evidence in support of meeting Eligibility
Criteria as indicated in Clause no. 3.4.1, 3.4.2 and 3.4.3 to the satisfaction of
JMI and shall also furnish unconsolidated/consolidated audited annual
accounts in support of meeting financial requirement, which shall consist of
unabridged balance sheet, profit and loss account, profit appropriation
account, auditors report, etc., as the case may be of Bidding Company or
Financially Evaluated Entity for the last three(3) financial years immediately
preceding the Bid Deadline which are used by the bidder for the purpose of
calculation of Annual Turnover or of last Financial Year in case of Net Worth.

3.6.4 In case the annual accounts for the latest financial year are not audited and
therefore the bidder cannot make it available, the applicant shall give
certificate to this effect from their directors. In such a case, the Applicant shall

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provide the Audited Annual Reports for 3(Three) years preceding the year for
which the Audited Annual Report is not being provided.

3.7 BID SUBMITTED BY BIDDING COMPANY

The Bidding Company should designate one person to represent the Bidding
Company in its dealings with JMI. The person should be authorized to perform
all tasks including, but not limited to providing information, responding to
enquires, signing of Bid etc. The Bidding Company should submit, along
With Bid, a Power of Attorney in original (as per Format-4), authorizing the
signatory of the Bid.

3.8 CLARIFICATIONS AND PRE-BID MEETING

3.8.1 The JMI will not enter into any correspondence with the Bidders, except to furnish
clarifications on RFS Documents, if necessary. The Bidders may seek
clarifications or suggest amendments to RFS in writing, through a letter or by
fax (and also soft copy by e-mail) to reach JMI at the address, date and time
mentioned in Bid information sheet.

3.8.2 The Bidder(s) or their authorized representative(s) is /are invited to attend pre bid
meeting(s), which will take place on date(s) as specified in Bid information
sheet, or any such other date as notified by JMI.

3.8.3The purpose of the pre-bid meeting will be to clarify any issues regarding the RFS
including in particular, issues raised in writing and submitted by the Bidders.

3.8.4JMI is not under any obligation to entertain/ respond to suggestions made or to


incorporate modifications sought for.

3.9 AMENDMENTS TO RFS BY JMI.

3.9.1 At any time prior to the deadline for submission of Bids, the JMI may, for any
reason, whether at its own initiative or in response to a clarification requested
by a prospective Bidder, modify the RFS document by issuing clarification(s)
and/or amendment(s).

3.9.2 The clarification(s) / amendment(s) (if any) may be notified on JMI website
www.jm.ac.in at least Two (2) days before the proposed date of submission of
the Bid. If any amendment is required to be notified within Two (2) days of the
proposed date of submission of the Bid, the Bid Deadline may be extended for
a suitable period of time.

3.9.3 JMI will not bear any responsibility or liability arising out of non-receipt of the
information regarding Amendments in time or otherwise. Bidders must check
the website for any such amendment before submitting their Bid.

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3.9.4 In case any amendment is notified after submission of the Bid (prior to the
opening of Techno-Commercial Bid. Bids received by Employer shall be
returned to the concerned Bidders on their request through registered post or
courier and it will be for the Bidders to submit fresh Bids as the date notified
by the JMI for the purpose.

3.9.5 All the notices related to this Bid which are required to be publicized shall be
uploaded on www.jmi.ac.in.

3.10 BIDDING PROCESS

3.10.1 BID FORMATS

3.10.1.1 The Bid in response to this RFS shall be submitted by the Bidders in the
manner provided in Clause 3.6 & Clause3.10.1.1. The Bid shall comprise of
the following:

(A). ENVELOPE- IA Contains one folder in which Earnest money and Tender
cost in two separate Demand Drafts

i. Covering Letter as per prescribed Format-1.

ii. Earnest money and Tender Cost in the form of two separate demand drafts
only of scheduled bank in favour of Registrar Jamia Millia Islamia.

(B). ENVELOP- IB TECHNO-COMMERCIAL DOCUMENTS

i. Original power of attorney issued by the Bidding Company in favour of the


authorized person signing the Bid, in the form attached hereto as Format-4 or
standard power of attorney in favour of authorized person signing the Bid.
(Power of Attorney must be supplemented by Board Resolution to above
effect for the company incorporated under Company Act 1956 or
Company Act-2013). However, Employer may accept general Power of
Attorney executed in favour of Authorised signatory of the Bidder, if it shall
conclusively establish that the signatory has been authorized by the Board of
Directors to execute all documents on behalf of the Bidding Company

ii. Certificate of Incorporation of Bidding company/Bidding consortium/parent


Company as applicable iii. General particulars of bidders as per Format-2

iv. Bidders composition and ownership structure as per prescribed Format-3 as


Shareholding certificate certified by Director/practicing Chartered Accountant /
Company Secretary and Authorised signatory of the company.
v. Document in support of meeting Eligibility Criteria as per Clause no. 3.4.1 &
3.4.2.

vi. Details for meeting Financial Eligibility Criteria as per Clause no. 3.4.3
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x. Signed and stamped Copy of RFS Documents including amendments &
clarifications by Authorised signatory on each page. The envelope IA
containing the draft of document bid cost and earnest money. The envelope
IB are containing techno commercial documents including signed copy of
Draft PPA without quoting the Price Bid, Signed Copy Jamia General
Agreement (Technical eligibility documents) both the envelope sealed in
separate envelope (IA & IB) and thereafter both envelope kept in single
envelope.

(C) ENVELOPE II- PRICE BID(S) AS PER FORMAT-B.

The Bidder shall inter-alia take into account the following while preparing and submitting
the Price Bid duly signed by an authorized signatory.

i.) The Bidder shall submit sealed Price Bid in the Format B only. The envelope
shall be super scribed as Price Bid for 2.25 MWp capacity .The Price Bid
shall be put in Envelope-II.(The time and date of opening of price bid (financial
bid) shall be communicate at a later date to qualified contractors).

3.11 BID DUE DATE


The Bidder should submit the Bids so as to reach the address indicated
below by 11.00 hrs (IST) on 19.07.2017 at the office of the Prof. In-Charge
Building & Construction Department Jamia Millia Islamia, New Delhi-110025.

3.12 VALIDITY OF BID

3.12.1 The bid and the Price Schedule included shall remain valid for a period of
12 months from the date of techno-commercial bid opening, with bidder
having no right to withdraw, revoke or cancel his offer or unilaterally vary the
offer submitted or any terms thereof. In case of the bidder revoking or
cancelling his offer or varying any term & conditions in regard thereof or not
accepting letter of allocation, JMI shall forfeit the Bid Bond furnished by him.
Confirmation regarding the Bid offer validity shall be clearly mentioned in the
covering letter.
3.12.2 In exceptional circumstances when letter of allocation is not issued, the JMI
may solicit the Bidder's consent to an extension of the period of validity. The
request and the responses thereto shall be made in writing. The Bid Bond
provided under Clause 3.14 shall also be suitably extended. A Bidder may
refuse the request without forfeiting its Bid Bond. A Bidder granting the
request will neither be required nor permitted to modify its Bid in any manner.

3.12.3 METHOD OF BID SUBMISSION

3.12.3.1 Bids are required to be submitted in a separate sealed cover envelope


Each mark Technical Eligibility Document and Financial Bid
respectively. and a small envelope containing earnest money Demand
Draft and Tender cost Demand Draft shall be submitted together in

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another sealed envelope marked with document for the work of Design
Engineering, Manufacture, Procurement & Supply , Erection, Testing,
Commissioning and Comprehensive Operation and Maintenance for 25
( Twenty Five) years of 2.25 MW(AC) Solar PV Plant on RESCO basis
at Jamia Millia Islamia University, New Delhi-110025 and addressed to
Prof. In-charge, Building & Const. Department, Jamia Millia Islamia,
Jamia Nagar, New Delhi-110025. Envelope-1A (Tender cost and
Earnest Money in two separate draft) Envelope-IB (Covering letter and
Techno-Commercial documents) and Envelope II (Price Bids) each one
duly sealed separately. Envelope should contain the documents as
detailed in Clause 3.10 above.

3.12.3.2 The two envelopes envelope-I and envelope-II marked as Bid for
Implementation of Grid connected Roof Top Solar PV System
Scheme in Jamia Millia Islamia Envelope-I containing Envelope-IA
(Tender cost and Earnest Money in two separate draft) Envelope-IB
(Covering letter and Techno-Commercial documents) / Envelope-II
(Price Bids).

3.12.4 The Bidders have to send their Bid by hand delivery, so as to reach JMI on a
given date and time. Bids submitted by telex/telegram/fax/e-mail shall not be
considered under any circumstances. JMI shall not be responsible for any
delay in receipt of the Bid. Any Bid received after the Bid Deadline shall be
returned unopened. It should be noted that except Envelope II, no other
envelope shall contain any information/document relating to Price Bid. JMI
shall not be responsible for premature opening of the Price Bids in case of
non-compliance of above.

3.12.5 All pages of the Bid, except for the Bid Bond, and any other document
executed on non-judicial stamp paper, forming part of the Bid and
corrections in the Bid, if any, must be signed by the authorized signatory on
behalf of the Bidder. It is clarified that the same authorized signatory shall
sign all pages of the Bid. However, any published document submitted with
the Bid shall be signed by the authorized signatory at least on the first and
last page of such document Bidders shall submit the Bid in original, duly
signed by the their authorized signatory of the Bidder. No change or
supplemental information to a Bid will be accepted after the Bid Deadline,
unless the same is requested for by JMI.

3.12.6 If the outer cover envelope or Envelope-I Containing (Envelope-IA (Tender


cost and Earnest Money in two separate draft) Envelope-IB (Covering letter
and Techno-Commercial documents) / Envelope-II (Price Bids). JMI will
assume no responsibility for the Bids misplacement or premature opening.

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3.12.7 All the envelopes shall be sealed properly & shall indicate the Name &
address of the Bidder. The Bid must be complete in all technical and
commercial respect and should contain requisite certificates, drawings,
informative literature etc. as required in the Bid document. Each page of the
Bid document should be signed & stamped. Bids with any type of change or
modification in any of the terms/ conditions of this document shall be
rejected. If necessary, additional papers may be attached by the Bidder to
furnish/ submit the required information. Any term / condition proposed by
the Bidder in his bid which is not in accordance with the terms and conditions
of the RFS document or any financial conditions, payment terms, rebates
etc. mentioned in Price Bid shall be considered as a conditional Bid and will
make the Bid invalid.

3.13 COST OF BIDDING

3.13.1 The bidder shall bear all the costs associated with the preparation and
submission of his offer, and JMI will in no case be responsible or liable for
those costs, under any conditions. The Bidder shall not be entitled to claim
any costs, charges and expenses of and incidental to or incurred by him
through or in connection with submission of bid even though JMI may elect to
modify / withdraw the invitation of Bid.

3.14 BID BOND

The Bidder shall furnish the Interest free Bid Bond (Earnest Money) of Rs 33.75
Lacs in the form of Demand Draft drawn in favour of Registrar Jamia Millia
Islamia, payable at New Delhi. The initial validity of Bid Bond shall be for a
period of 6 months from the Bid Deadline, which shall be extended by the
bidder as per the bid validity. If the bidder fails to extend the bid bond
validity as per above on request by JMI then entire Bid bond may be
forfeited. The Bid Bond of unsuccessful bidders shall be returned within 30
days from the date of issue of Letter of Allocation(s) on bidders request. Bid
bond(s) of Successful bidder shall be released after the receipt of Demand
Draft in the format prescribed by JMI.
3.14.1 The Bid Bond shall be denominated in Indian Rupees and shall:

i. At the Bidders option, be in the form of a demand draft, from Scheduled


banks.
ii.

3.14.2 The Successful Bidder shall sign and stamp the Letter of allocation and
return the signed &stamped duplicate copy of the same to JMI within 30 days
from the date of its issue.

3.14.3. The Bid Bond shall be forfeited without prejudice to the Bidder being liable for
any further consequential loss or damage incurred to JMI under following
circumstances:

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a.Hundred percent (100%) of Bid Bond amount, if a Bidder
withdraws/revokes or cancels or unilaterally varies his bid in any manner
during the period of Bid Validity specified in the RFS document and in
accordance with the Clause 3.12.2.

b.Hundred percent (100%) of Bid Bond amount , if the Successful Bidder fails
to unconditionally accept the Allocation letter within 15 days from the date
of its issue.

c. Hundred percent (100%) of Bid Bond amount, if the Successful Bidder fails
to furnish the Performance Guarantee as per the Clause 3.15.

3.15 PERFORMANCE GUARANTEE

3.15.1 Within 30 days from the date of issue of Allocation letter, Successful Bidder
shall furnish the Performance Security calculated in the same manner as Bid
Bond amount for the allocated capacity only.

3.15.2 The Performance Guarantee Security shall be in form of Demand Draft from
the any of the Nationalized Banks. 3.15.3 The Performance Security shall be
forfeited if the project is not commissioned to the satisfaction of JMI., without
prejudice to the Bidder being liable for any further consequential loss or
damage incurred to JMI.

3.15.4 The Performance Security shall be released after 5 years from the date of
commissioning with the compliance of entire obligations in the contract.

3.16 OPENING OF BIDS


3.16.1 Envelope-I, of the Bidders shall be opened at 11.00 hours on Bid Deadline
date at the venue indicated herein above, in the presence of one
representative from each of the Bidders who wish to be present.

3.16.2 Name of the Bidder, price details of the Bid bond at the time of opening of
Envelope-I and Envelope-II.

3.17 RIGHT TO WITHDRAW THE RFS AND TO REJECT ANY BID

3.17.1 This RFS may be withdrawn or cancelled by the JMI at any time without
assigning any reasons thereof. The JMI further reserves the right, at its
complete discretion, to reject any or all of the Bids without assigning any
reasons whatsoever and without incurring any liability on any account.

3.17.1.1 The JMI reserve the right to interpret the Bid submitted by the Bidder in
accordance with the provisions of the RFS and make its own judgment
regarding the interpretation of the same. In this regard the JMI shall have
no liability towards any Bidder and no Bidder shall have any recourse to the

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JMI with respect to the selection process. JMI shall evaluate the Bids using
the evaluation process specified in Section -I, at its sole discretion.
JMI decision in this regard shall be final and binding on the Bidders.
3.17.2 JMI reserves its right to vary, modify, revise, amend or change any of the
terms and conditions of the Bid before submission. The decision regarding
acceptance of bid by JMI will be full and final.

3.18 ZERO DEVIATION

3.18.1 This is a ZERO Deviation Bidding Process. Bidder is to ensure compliance of


all provisions of the Bid Document and submit their Bid accordingly. Tenders
with any deviation to the bid conditions shall be liable for rejection.

3.19 EXAMINATION OF BID DOCUMENT

3.19.1 The Bidder is required to carefully examine the Technical Specification, terms
and Conditions of Contract, and other details relating to supplies as given in
the Bid Document.

3.19.2 The Bidder shall be deemed to have examined the bid document including the
agreement/contract, to have obtained information on all matters whatsoever
that might affect to execute the project activity and to have satisfied himself as
to the adequacy of his bid. The bidder shall be deemed to have known the
scope, nature and magnitude of the supplies and the requirements of material
and labour involved etc. and as to all supplies he has to complete in
accordance with the Bid document.

3.19.3 Bidder is advised to submit the bid on the basis of conditions stipulated in the
Bid Document. Bidders standard terms and conditions if any will not be
considered. The cancellation / alteration / amendment / modification in Bid
documents shall not be accepted by JMI.

3.19.4 Bid not submitted as per the instructions to bidders is liable to be rejected. Bid
shall confirm in all respects with requirements and conditions referred in this
bid document.

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CONDITIONS OF CONTRACT (GCC)

3.20 SCOPE OF WORK

3.20.1 The scope of work for the bidder include Survey of buildings for shadow free
area, Obtaining No Objection Certificate (NOC) from Distribution Company
(DISCOM) for grid connectivity, NOC from Electrical Inspector, complete
design, engineering, manufacture, supply, storage, civil work, erection, testing
& commissioning of the grid connected rooftop solar PV project including
operation and maintenance (O&M) of the project for a period of 25 years after
commissioning.

3.21 LEVELLIZED TARIFF


3.21.1 The Levellized Tariff of 25 years shall include all the costs related to above
Scope of Work. Bidder shall quote for the entire facilities on a single
responsibility basis such that the total Bid Price covers all the obligations
mentioned in the Bidding Documents in respect of Design, Supply, Erection,
Testing and Commissioning including Warranty, Operation & Maintenance for
a period of 25 years, goods and services including spares required if any
during O&M period. The Bidder has to take all permits, approvals and
licenses, Insurance etc., provide training and such other items and services
required to complete the scope of work mentioned above.

3.21.2 The Levellized tariff for 25 years is on lump sum turnkey basis and the bidder is
responsible for the total scope of work described at Clause 3.21.1 above.

3.21.3 The Levellized tariff for 25 years shall remain firm and fixed and shall be binding
on the Successful Bidder till completion of work , irrespective of his actual cost
of execution of the project. No escalation will be granted on any reason
whatsoever. The bidder shall not be entitled to claim any additional charges,
even though it may be necessary to extend the completion period for any
reasons whatsoever.

3.21.4 The Levellized tariff for 25 years shall be inclusive of all duties and taxes,
insurance etc .The prices quoted by the firm shall be complete in all respect
and no price variations/adjustment shall be payable onany account whatsover.
It should not be more than the discom tariff at any point of time.

3.21.5 The operation & maintenance of Solar Photovoltaic Power Plant would include
wear, tear, overhauling, machine breakdown, insurance, and replacement of
defective modules, invertors / Power Conditioning Unit (PCU), spares,
consumables & other parts for a period of 25 years.

3.21.6 The Levellized tariff for 25 years shall be specified in the sanction letter based
on Successful Bidders quote @Rs/kWh for the project. The project cost shall
be in accordance with all terms, conditions, specifications

21
and other conditions of the Contract as accepted by the JMI and incorporated
into the sanction letter.

3.21.7 The Bidder shall complete the Price Bid (Format-B) (furnished in the RFS
Documents.

3.23 INSURANCE

3.23.3 The Bidder shall be responsible and take an Insurance Policy for transit-cum
storage-cum-erection for all the materials to cover all risks and liabilities for
supply of materials on site basis, storage of materials at site, erection, testing
and commissioning. The bidder shall also take appropriate insurance during
O&M period, if required.

3.23.4 The Bidder shall also take insurance for Third Party Liability covering loss of
human life, engineers and workmen and also covering the risks of damage to
the third party/material/equipment/properties during execution of the Contract.
Before commencement of the work, the Bidder will ensure that all its
employees and representatives are covered by suitable insurance against any
damage, loss, injury or death arising out of the execution of the work or in
carrying out the Contract. Liquidation, Death, Bankruptcy etc., shall be the
responsibility of bidder.

3.23.5 WARRANTEES AND GUARANTEES

3.23.6 The Bidder shall warrant that the goods supplied under this contract are new,
unused, of the most recent or latest technology and incorporate all recent
improvements in design and materials. The bidder shall provide warrantee
covering the rectification of any and all defects in the design of equipment,
materials and workmanship including spare parts for a period of 25 years from
the date of commissioning.. The responsibility of operation of Warrantee and
Guarantee clauses and Claims/ Settlement of issues arising out of said
clauses shall be the responsibility of the Successful bidder. and the JMI will
not be responsible in any way for any claims whatsoever on account of the
above.

3.24 TYPE AND QUALITY OF MATERIALS AND WORKMANSHIP

3.24.3 The design, engineering, manufacture, supply, installation, testing and


performance of the equipment shall be in accordance with latest appropriate
IEC/Indian Standards as detailed in the Section- III (Technical specifications)
of the bid document. Where appropriate Indian Standards and Codes are not
available, other suitable standards and codes as approved by the MNRE shall
be used. It shall also conform to the Net Metering Regulations of DERC.

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3.24.4 The specifications of the components should meet the technical specifications
mentioned in Section III.

3.24.5 Any supplies which have not been specifically mentioned in this Contract but
which are necessary for the design, engineering, manufacture, supply &
performance or completeness of the project shall be provided by the Bidder
without any extra cost and within the time schedule for efficient and smooth
operation and maintenance of the SPV plant.

3.25 OPERATION & MAINTENANCE (O&M)

The bidder shall be responsible for operation and maintenance of the Roof top
Solar PV system for a period of 25 years for this model projects, during which
JMI will monitor the project for effective performance in line with conditions
specified elsewhere in the bid document. During this period, the bidder shall
be responsible for supply of all spare parts as required from time to time for
scheduled and preventive maintenance, major overhauling of the plant,
replacement of defective modules, inverters, PCUs etc and maintaining log
sheets for operation detail, deployment of staff for continuous operations and
qualified engineer for supervision of O&M work, complaint logging & its
attending.

3.26 METERING AND GRID CONNECTIVITY

Metering and grid connectivity of the roof top solar PV system under this
scheme would be the responsibility of the Bidder in accordance with the
prevailing guidelines of the concerned DISCOM/DERC. JMI could facilitate
connectivity; however the entire responsibility lies with bidder only. The bidder
should also take the clearance from Electrical Inspector, before the grid
connectivity.

3.27 PLANT PERFORMANCE EVALUATION

The successful bidder shall be required to meet minimum guaranteed


generation with Performance Ratio (PR) at the time of commissioning and
related Capacity Utilization Factor (CUF) as per the GHI levels of the location
during the O&M period. PR should be shown minimum of 75% at the time of
inspection for initial commissioning. Minimum CUF of 15% should be
maintained for a period of 5 years for fulfilling one of the condition for release
of PBG. The bidder should send the periodic plant output details to JMI for
ensuring the CUF. The PR will be measured at Inverter output level during
peak radiation conditions.

3.28 PROGRESS REPORT

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The bidder shall submit the progress report monthly to JMI in Prescribed
Proforma. JMI will have the right to depute their representatives to ascertain
the progress of contract.

3.29 PROJECT INSPECTION.

The project progress will be monitored by JMI and the projects will be
inspected for quality at any time during commissioning or after the completion
of the project either by officer(s) from JMI or any authorized agency/ experts.

JMI may depute a technical person(s) from its list of empanelled experts for
inspection, Third party verification, monitoring of system installed to oversee,
the implementation as per required standards and also to visit the
manufactures facilities to check the quality of products as well as to visit the
system integrators to assess their technical capabilities as and when required.

3.30. CLEANINESS OF ROOF AND PROJECT OFFICE

It is duty of the bidder to maintain the Roof in clean condition. A duplicate key
of the roof will remain with the bidder at all times.

It will setup a project office inside the JMI premises and person be available
on 24x7 Hrs basis to attend to the complaints.

3.31 APPLICABLE LAW

The Contract shall be interpreted in accordance with the laws of the Union of
India.

3.32 SETTLEMENT OF DISPUTE

3.32.1. Except where otherwise provided in the contract, all questions and disputes
relating to the meaning of the specifications, design, drawings and instructions
here-in before mentioned and as to the quality of workmanship or materials
used on the work or as to any other question, claim right, matter or thing
whatsoever in anyway arising out of or relating to the contract, designs,
drawings, specifications, estimates, instructions orders or these conditions or
otherwise concerning the works or the execution or failure to execute the same
whether arising during the progress of the work or after the cancellation,
termination, completion or abandonment thereof shall referred to the sole
arbitration of the person appointed by the V.C., Jamia Millia Islamia in office, at
the time of dispute or there be no V.C. the administrative head of the Jamia
Millia Islamia, at the time of such appointment that the arbitrator so appointed. It
will be no objection to any such appointment that the arbitrator so appointed is
a University servant, that he had to deal with the matters to which the contract
relates and that in the course of his duties as University servant he had
expressed views on all or any of the matters in dispute of difference. The
arbitrator to whom the matter is originally referred being transferred or vacating
24
his office or being unable to act for any reason, such head as aforesaid at the
time of such transfer, vacation of office or inability to act, shall appoint another
person to act as arbitrator in accordance with the terms of the contract. Such
person shall be entitled to proceed with the reference from the stage at which it
was left by his predecessor. It is a term of the contract that the party invoking
arbitration shall specify the dispute or disputes to be referred to arbitration
under this clause together with the amount or amounts claimed in respect of
each such dispute on prescribed proforma as per Appendix XV. It is also a term
of this contract that no person, other than a person appointed by Vice-
Chancellor or Administrative Vice-Chancellor as aforesaid, should act as
arbitrator and if for any reason that it is not possible, the matters shall not be
referred to arbitration at all. It is also a term of the contract that if the contractor
does not make any demand for appointment of arbitrator in respect of any
claims in writing as aforesaid within 120 days of receiving the intimation from
the Jamia Millia Islamia that the final bill is ready for payment the claim of the
contractor will be deemed to have been waived and absolutely barred and the
Jamia Millia Islamia shall be discharged and released of all liabilities under the
contract in respect of these claims. The arbitration shall be conducted in
accordance with the provisions of the arbitrator and Conciliation Act, 1996 (26
of 1996) or any statutory modifications or reenactment thereof and the rules
made there under and for the time being in force shall apply to the arbitration
proceeding under this clause. It is also a term of this contract that the arbitrator
shall adjudicate on only such disputes as are referred to him by the appointing
authority and give separate award against each dispute and claim referred to
him and in all cases where the total amount of the claims by any part exceeds
Rs. 1,00,000/- the arbitrator shall give reasons for the award. It is also a terms
of the contract that if any fees are payable to the arbitrator these shall be paid
equally by both the parties. It is also a terms of the contract that the arbitrator
shall be deemed to have entered on the reference on the date he issues notice
to both the parties calling them to submit their statement of claims and counter
statement of claims. The venue of the arbitration shall be such place as may be
fixed by the arbitrator in his sole discretion. The fees, if any, of the arbitrator
shall, if required to be paid before the award is made and published, be paid
and paid half by each of the parities. The cost of the reference and of the award
(including the fees, if any of the arbitrator) shall be in the discretion of the
arbitrator who may direct to any by whom and in what manner, such costs or
any part thereof shall be paid and fix or settle the amount of costs to be so paid.
The arbitrator(s) may from time to time with consent of the parties enlarge the
time, for making and publishing the award. The decision of the University
Committee regarding quantities of reduction as well as justification thereof in
respect of rates for sub standard work which may be decided will be final and
would constitute on expected matter not be open to arbitration. .

3.33 Force Majeure


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3.33.1 Definition

"Force Majeure Event" means any act or event that prevents the affected Party
from performing its obligation in accordance with the Agreement, if such act or
event is beyond the reasonable control of the affected Party and such Party had
been unable to overcome such act or event with the exercise of due diligence
(including the expenditure of reasonable sums). Subject to the foregoing
conditions, "Force Majeure Event" shall include without limitation the following acts
or events: (i) natural phenomena, such as storms, hurricanes, floods, lightning,
volcanic eruptions and earthquakes; (ii) explosions or fires arising from lighting or
other causes unrelated to the acts or omissions of the Party seeking to be excused
from performance; (iii) acts of war or public disorders, civil disturbances, riots,
insurrection, sabotage, epidemic, terrorist acts, or rebellion. A Force Majeure Event
shall not be based on the economic hardship of either Party. In case of any
damage because of force majeure event, the System shall be repaired /
commissioned at its own cost by the Power Producer.

3.33.2 Excused Performance: Except as otherwise specifically provided in the


Agreement, neither Party shall be considered in breach of the Agreement or liable
for any delay or failure to comply with the Agreement, if and to the extent that such
delay or failure is attributable to the occurrence of a Force Majeure Event; provided
that the Party claiming relief under this Section 11 shall immediately (i) notify the
other Party in writing of the existence of the Force Majeure Event, (ii) exercise all
reasonable efforts necessary to minimize delay caused by such Force Majeure
Event, (iii) notify the other Party in writing of the cessation or termination of said
Force Majeure Event and (iv) provided, however, that Purchaser shall not be
excused from making any payments and paying any unpaid amounts due in
respect of Solar Power delivered to Purchaser prior to the Force Majeure Event
performance interruption.

3.33.3 Termination as a Consequence of Force Majeure Event If a Force Majeure Event


shall have occurred that has affected the Power Producer's performance of its
obligations hereunder and that has continued for a continuous period of one
hundred eighty (180) days, then Purchaser shall be entitled to terminate the
Agreement and if such Force Majeure Event continues for further ninety (90) days
period, the Agreement shall automatically terminate. Upon such termination for a
Force Majeure Event, neither Party shall have any liability to the other (other than
any such liabilities that have accrued prior to such termination).
26
3.34 LANGUAGE

3.34.1. All documents, drawings, instructions, design data, calculations, operation,


maintenance and safety manuals, reports, labels and any other date shall
be in English Language. The contract agreement and all correspondence
between the JMI and the bidder shall be in English language.

3.35 OTHER CONDITIONS

3.35.1. The Successful bidder shall not transfer, assign or sublet the work under
this contract or any substantial part thereof to any other party without the
prior consent of JMI in writing.

3.35.2. The Successful bidder or its subcontractors shall not display the
photographs of the work and not take advantage through publicity of the
work without written permission of JMI .
3.35.3. The Successful bidder or its subcontractors shall not make any other use of
any of the documents or information of this contract, except for the
purposes of performing the contract.

3.35.4. JMI will not be bound by any Power of Attorney granted/ issued by the
Successful bidder or its subcontractors or by any change in the
composition of the firm made during or subsequent to the execution of the
contract. However recognition to such Power of Attorney and change (if
any) may be given by JMI after obtaining proper legal advice, the cost of
which will be chargeable to the Successful bidder concerned.

3.35.5. SUCCESSORS AND ASSIGNS:

In case the JMI or Successful bidder may undergo any merger or


amalgamation or a scheme of arrangement or similar re-organization &
this contract is assigned to any entity (ies) partly or wholly, the contract
shall be binding mutatis mutandis upon the successor entities & shall
continue to remain valid with respect to obligation of the successor
entities.

3.35.6. SEVERABILITY:

It is stated that each paragraph, clause, sub-clause, schedule or annexure


of this contract shall be deemed severable & in the event of the
unenforceability of any paragraph, clause sub-clause, schedule or the
remaining part of the paragraph, clause, sub-clause, schedule annexure &
rest of the contract shall continue to be in full force & effect.

27
3.35.8. RIGHTS & REMEDIES UNDER THE CONTRACT ONLY FOR THE
PARTIES:

This contract is not intended & shall not be construed to confer on any
person other than the JMI & Successful bidder hereto, any rights and / or
remedies herein.

3.35.9. PRICE PREFERENCE FOR M.S.M.E/ STATE OR CENTRAL PSUS

There is no relaxation in terms of any conditions of the RFS or price


preference or processing fee or Bid Bond or PBG relaxation for M.S.M.E/
State or Central PSUs.

3.35.10. CORRESPONDENCE

Bidder requiring any Techno-Commercial clarification of the bid documents may


contact in writing or by Fax /E Mail.

Contact Number Email id


Name

kjuglan@jmi.ac.in
011-26981717
Mr. K.P. Juglan
Ext.:1650,1605

Verbal clarifications and information given by the JMI or its employees or its
Representatives shall not be in any way entertained.

28
SECTION-II

i.1. EVALUATION CRITERIA : BID EVALUATION

i.2. BID EVALUATION

The evaluation process comprises the following four steps:

Step I - Responsiveness check of Techno Commercial Bid

Step II - Evaluation of Bidders fulfilment of Eligibility Criteria as


per Clause 3.4 of Section-I

Step III - Evaluation of Price Bid

Step IV - Successful Bidders(s) selection

i.3. RESPONSIVENESS CHECK OF TECHNO COMMERCIAL BID

The Techno Commercial Bid submitted by Bidders shall be scrutinized to establish


responsiveness to the requirements laid down in the RFS subject to Clause 3.4.1,
Clause 3.4.2, and Clause 3.4.3. Any of the following may cause the Bid to be
considered Non-responsive, at the sole discretion of JMI:

a. Bids that are incomplete, i.e. not accompanied by any of the applicable
formats inter alia covering letter, power of attorney supported by a board
resolution, Bid Bond, etc.;

b. Bid not signed by authorized signatory and /or stamped in the manner
indicated in this RFS;

c. Material inconsistencies in the information /documents submitted by the


Bidder, affecting the Eligibility Criteria;

d. Information not submitted in the formats specified in this RFS;

e. Bid being conditional in nature;

f. Bid not received by the Bid Deadline;

g. Bid having Conflict of Interest;

h. More than one Member of a Bidding Company using the credentials of the
same Parent Company /Affiliate;

i. Bidder delaying in submission of additional information or clarifications sought


by JMI as applicable;
j. Bidder makes any misrepresentation.

29
Each Bid shall be checked for compliance with the submission requirements set
forth in this RFS before the evaluation of Bidders fulfilment of Eligibility Criteria
is taken up. Clause 3.4 shall be used to check whether each Bidder meets the
stipulated requirement.

4. PRELIMINARY EXAMINATION

4.1. The JMI will examine the Bids to determine whether they are complete,
whether any computational errors have been made, whether required
sureties have been furnished, whether the documents have been properly
signed and stamped and whether the Bids are otherwise in order.

4.2. Arithmetical errors will be rectified on the following basis. If there is a


discrepancy between the unit price and the total Amount that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total
amount shall be corrected. If there is a discrepancy between words and
figures, the amount written in words will prevail.

5. EVALUATION OF BIDDERS FULFILMENT OF ELIGIBILITY CRITERIA

5.1. Evaluation of Bidders Eligibility will be carried out based on the information
furnished by the Bidder as per the prescribed Formats and related
documentary evidence in support of meeting the Eligibility Criteria as
specified in Clause 3.4. Non-availability of information and related
documentary evidence for the satisfaction of Eligibility Criteria may cause the
Bid to be nonresponsive.

5.2. EVALUATION OF PRICE BID

Price Bid (Envelope II) of the Qualified Bidders shall be opened in presence of
the representatives of such Qualified Bidders, who wish to be present, on a
date as may be intimated by JMI to the Bidders through JMI website
www.jmi.ac.in or Email. The evaluation of Price Bid shall be carried out based
on the information furnished in Envelope II (Price Bid). The Price Bid
submitted by the Bidders shall be scrutinized to ensure conformity with the
RFS. Any Bid not meeting any of the requirements of this RFS may cause the
Bid to be considered Non-responsive at the sole decision of the JMI.

5.2.1. RESCO MODEL.

a. Since the maximum allowable levellized tariff is Rs 5.10/kWh, so bids


above the maximum allowable price shall also be rejected.

30
b. The levellized tariff shall be calculated up to three decimal places. However
in case of a tie it may be expanded to break the tie.
5.3. SUCCESSFUL BIDDER(S) SELECTION

5.3.1. Bids qualifying in Clause 3.4 shall only be evaluated in this stage.

5.3.2. Levellised Tariff requirement quoted in all Price Bids of Qualified Bidders
shall be ranked from the lowest to the highest for different states of India
separately.

5.3.3. Void

5.3.4. For RESCO MODEL

5.3.4.1. Based on the price bid quoted by the bidders, JMI shall arrange the
bids in the ascending order ie L1, L2, L3, _ _ _ (L1 being the
lowest levellized tariff).

5.3.4.2. The lowest bidder will be declared as the successful bidder. In case
L1 refuse, then the L2 bidder will be asked to match the price
quoted by the L1 bidder. In case the L2 bidder refuses to match
the L1 price then L3 bidder shall be offered to match L1 price. The
process will continue till the next bidder matches the L1 price. The
bidder who matches the L1 price will also be declared Successful
bidder .

5.3.5. The Letter of Allocation (LOA) shall be issued to all such Successful
Bidders selected as per the provisions mentioned above.

5.3.6. The JMI at its own discretion, has the right to reject any or all the Bids
without assigning any reason whatsoever, at its sole discretion

5.3.7. There shall be no negotiation on the quoted levellized tariff between the
JMI and the Bidder(s), during the process of evaluation.

5.4. TAX EXEMPTIONS:

Price bids are invited inclusive of Taxes and duties. However, Tax exemptions
including certificates of any sort, if available may be dealt with the concerned
Dept of Govt of India by the bidder. JMI in no case will be responsible for
providing any tax exemptions to the bidder.

5.5. Eligibility of standalone system:

31
5.5.1. Standalone system is not allowed under this scheme. The system should
be grid interactive.

5.6. Requirement of approvals on makes of the Components:

5.6.1. The modules should be manufactured in India only. Rest of the


components can be procured from any source. However these items
should meet the Technical specification and standards mentioned in RFS.

5.7. OPERATION OF THE SYSTEM DURING WEEKENDS AND GENERAL


HOLIDAYS AND CALCULATION OF CUF:

5.7.1. During grid failure, the SPV system stops generating. Any instances of grid
failure need to be mentioned in the monthly report and those instances
need to be authorised by local DISCOM. Then the period will be excluded
in calculation of CUF.
5.8. Taxes and duties shall be paid extra by the bidder as applicable on the JMI
service charges and the bid processing fee.

6. LIQUIDATED DAMAGES(LD) FOR DELAY IN PROJECT IMPLEMENTATION

6.1. The Bidder shall complete the roofs identification, submission of project
sanction documents as per the requirement of JMI Engineer-in-Charge,
design, engineering, manufacture, supply, storage, civil work, erection,
testing & commissioning of each project within 6 months from the date of
issue of Allocation letter.

6.2. If the bidder fails to commission the sanctioned project within specified time,
Liquidated Damages on per day basis calculated for the Performance
Security on a 6 months period would be levied. After 6 months the project will
get cancelled and the total PG amount would be forfeited.

Ex: If a project is delayed by 36 days then the Liquidated Damages will be


levied as given below.
Liquidated Damages = ((Performance Security)/180 days)*delayed days

7. TIME OF COMPLETION OF SANCTIONED CAPACITY

7.1. The Bidder shall complete the roofs identification, submission of project
sanction documents as per the requirement of JMI Engineer-inCharge
design, engineering, manufacture, supply, storage, civil work, erection,
testing & commissioning of sanctioned project(s) within 6 months from the
date of issue of allocation letter(s). In case of delay beyond scheduled
commissioning period, the bidder shall be liable for Liquidated Damages as
per Clause 7.

32
7.1.1. The period of construction given in Time Schedule includes the time
required for mobilisation as well as testing, rectifications if any, retesting
and completion in all respects to the entire satisfaction of the Engineer-in
Charge.

7.1.2. A joint programme of execution of the Work will be prepared by the


Engineer-in-Charge or its representative nominated for the purpose and
Successful bidders based on priority requirement of this project. This
programme will take into account the time of completion mentioned in
clause 8.1 above and the time allowed for the priority Works by the
Engineer-in-Charge.

7.1.3. Monthly/Weekly implementation programme will; be drawn up by the


Engineer-in-Charge jointly with the Successful bidder, based on availability
of Work fronts as per Clause 8.1.2 above. Successful bidder shall
scrupulously adhere to these targets /programmes by deploying adequate
personnel, tools and tackles and he shall also supply himself all materials
of his scope of supply in good time to achieve the targets/programmes. In
all matters concerning the extent of targets set out in the weekly and
monthly programmes and the degree of achievements, the decision of the
Engineer-in-Charge will be final and binding.

8. USER ID FOR UPDATING THE PROJECT PROGRESS ON WEEKLY


BASIS
Successful bidder authorised representative in whose name PoA has been
executed and submitted along with the bid shall be provided Password and
User id for updating the project progress on weekly basis. Successful bidder
should update the info as per the requirement of the software tool .Non
updating of the progress shall be considered as no progress and shall attract
punitive actions as per the relevant provision of the Contract. However, the
decision of Engineer in charge shall be final in this regard.

9. INSPECTION AND AUDIT

9.1. The Successful bidder shall permit the JMI to inspect the Successful bidders
site, accounts and records relating to the performance of the Contractor and
to have them audited by auditors appointed by the JMI, if so required by the
JMI any time.

10. COMMISSIONING CERTIFICATE:


10.1. Application for commissioning certificate:

When the Successful bidder fulfils his obligation under the Contract, he shall be eligible
to apply for Commissioning Certificate. The Engineer-in-Charge shall normally issue to
the Successful bidder the Commissioning Certificate within one month after receiving any
33
application therefore from the Successful bidder after verifying from the Commissioning
documents and satisfying himself that the Work has been commissioned in accordance
with and as set out in Contract documents. The Successful bidder, after obtaining the
Commission Certificate, is eligible for monthly electricity bill payment based on actual
consumption.

10.1.1. DOCUMENT SUBMISSION FOR ISSUE OF COMMISSINONING


CERTIFICATE :

For the purpose of Clause 11.1 above the following documents will be
deemed to form the commission documents:
a. Checklist for inspection of Roof top SPV power plants as per JMI format.

b. Project commission report from successful bidder as per JMI format

10.1.2. FINAL DECISION AND FINAL CERTIFICATE:


10.1.2.1 Upon completion of 25 years of O&M and subject to the Engineer-in-
Charge being satisfied, the Engineer-in-Charge shall (without prejudice to
the rights of the JMI to retain the provisions of relevant Clause hereof)
otherwise give a certificate herein referred to as the Final Certificate to that
effect and the Successful bidder shall not be considered to have fulfilled
the whole of his obligations under Contract until Final Certificate shall have
been given by the Engineer-in-Charge notwithstanding any previous entry
upon the Work and taking possession, working or using of the same or any
part thereof by JMI.

10.2. DEDUCTIONS FROM THE CONTRACT PRICE:


10.2.1. All costs, damages or expenses which JMI may have paid or incurred,
which under the provisions of the Contract, the Successful bidder is
liable/will be liable, will be claimed by the JMI. All such claims shall be
billed by the JMI to the Contractor within 15 (fifteen) days of the receipt of
the payment request and if not paid by the Successful bidder within the
said period, the JMI may, then, deduct the amount from any moneys due
i.e., Performance Security or becoming due to the contractor or Successful
bidder under the contract or may be recovered by actions of law or
otherwise, if the Successful bidder fails to satisfy the JMI of such claims.

10.3. CORRUPT OR FRAUDULENT PRACTICES


The JMI requires that Successful Bidders/ Contractors should follow the
highest standard of ethics during the execution of contract. In pursuance of
this policy, the JMI:

10.3.1. defines, for the purposes of this provision, the terms set forth as follows :

34
10.3.2. corrupt practice means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the bid
process or in contract execution; and

10.3.3. fraudulent practice means a misrepresentation of facts in order to


influence a bid process or the execution of a contract to the detriment of
the JMI/Govt scheme, and includes collusive practice among Bidders (prior
to or after Bid submission) designed to establish Bid prices at artificial
noncompetitive levels and to deprive the JMI of the benefits of free and
open competition;
10.3.4. will declare a firm ineligible/debarred, either indefinitely or for a specific
period of time if at any time it is found that the firm has engaged in corrupt
or fraudulent practices in competing for, or in executing, the JMI Project.

11. DEBARRED FROM PARTICIPATING IN JMIS ROOF TOP TENDER


11.1. JMI reserves the right to carry out the performance review of each Bidder
from the time of submission of Bid onwards. In case it is observed that a
bidder has not fulfilled its obligations in meeting the various timelines
envisaged, in addition to the other provisions of the RFS, such Bidders may
be debarred from participating in JMIs any future tender for a period as
decided by the competent authority of JMI.

35
SECTION-III
TECHNICAL SPECIFICATIONS

The proposed projects shall be commissioned as per the technical


specifications given below. Any shortcomings will lead to cancelation of the
contract as decided by JMI & Competent Authoritys decision will be final and
binding on the bidder.

14. DEFINITION

A Grid Tied Solar Rooftop Photo Voltaic (SPV) power plant consists of SPV
array, Module Mounting Structure, Power Conditioning Unit (PCU) consisting of
Maximum Power Point Tracker (MPPT), Inverter, and Controls & Protections,
interconnect cables and switches. PV Array is mounted on a suitable structure.
Grid tied SPV system is without battery and should be designed with necessary
features to supplement the grid power during day time. Components and
parts used in the SPV power plants including the PV modules, metallic
structures, cables, junction box, switches, PCUs etc., should conform to the
BIS or IEC or international specifications, wherever such specifications are
available and applicable.
Solar PV system shall consist of following equipments/components.
Solar PV modules consisting of required number of Crystalline PV
modules.
Grid interactive Power Conditioning Unit with Remote Monitoring System
Mounting structures Junction Boxes.
Earthing and lightening protections.
IR/UV protected PVC Cables, pipes and accessories

14.1. SOLAR PHOTOVOLTAIC MODULES:

14.1.1. The PV modules used should be made in India.


14.1.2. The PV modules used must qualify to the latest edition of IEC PV
module qualification test or equivalent BIS standards Crystalline
Silicon Solar Cell Modules IEC 61215/IS14286. In addition, the
modules must conform to IEC 61730 Part-2- requirements for
construction & Part 2 requirements for testing, for safety
qualification or equivalent IS.
a) For the PV modules to be used in a highly corrosive atmosphere throughout
their lifetime, they must qualify to IEC 61701/IS 61701
b) The total solar PV array capacity should not be less than allocated capacity
(kWp) and should comprise of solar crystalline modules of minimum 250Wp

and above wattage. Module capacity less than minimum 250 watts should not
be accepted
c) Protective devices against surges at the PV module shall be provided. Low
voltage drop bypass diodes shall be provided.
36
d) PV modules must be tested and approved by one of the IEC authorized test
centres.
e) The module frame shall be made of corrosion resistant materials, preferably
having anodized aluminium.
f) The bidder shall carefully design & accommodate requisite numbers of the
modules to achieve the rated power in his bid. JMI/owners shall allow only
minor changes at the time of execution.
g) Other general requirement for the PV modules and subsystems shall be the
Following:
I. The rated output power of any supplied module shall have tolerance of +/-
3%.
II. The peak-power point voltage and the peak-power point current of any
supplied module and/or any module string (series connected modules)
shall not vary by more than 2 (two) per cent from the respective arithmetic
means for all modules and/or for all module strings, as the case may be.
III. The module shall be provided with a junction box with either provision of
external screw terminal connection or sealed type and with arrangement for
provision of by-pass diode. The box shall have hinged, weather proof lid with
captive screws and cable gland entry points or may be of sealed type and IP-
65 rated.
IV. IV curves at STC should be provided by bidder.

14.1.3. Modules deployed must use a RF identification tag. The following information
must be mentioned in the RFID used on each modules (This can be inside or
outside the laminate, but must be able to withstand harsh environmental
conditions).

a) Name of the manufacturer of the PV module


b) Name of the manufacturer of Solar Cells.
c) Month & year of the manufacture (separate for solar cells and modules)
d) Country of origin (separately for solar cells and module)
e) I-V curve for the module Wattage, Im, Vm and FF for the module
f) Unique Serial No and Model No of the module
g) Date and year of obtaining IEC PV module qualification certificate.
h) Name of the test lab issuing IEC certificate.
i) Other relevant information on traceability of solar cells and module as per ISO
9001 and ISO 14001

14.1.4. Warranties:
a) Material Warranty:
i. Material Warranty is defined as: The manufacturer should warrant the Solar
Module(s) to be free from the defects and/or failures specified below for a
period not less than five (05) years from the date of sale to the original
customer ("Customer")
ii. Defects and/or failures due to manufacturing
iii. Defects and/or failures due to quality of materials
37
iv. Non conformity to specifications due to faulty manufacturing and/or inspection
processes. If the solar Module(s) fails to conform to this warranty, the
manufacturer will repair or replace the solar module(s), at the Owners sole
option
b) Performance Warranty:
i. The predicted electrical degradation of power generated not exceeding 20% of
the minimum rated power over the 25 year period and not more than 10% after
ten years period of the full rated original output.

15. ARRAY STRUCTURE


a) Hot dip galvanized MS mounting structures may be used for mounting the
modules/ panels/arrays. Each structure should have angle of inclination as per
the site conditions to take maximum insolation. However to accommodate
more capacity the angle inclination may be reduced until the plant meets the
specified performance ratio requirements.
b) The Mounting structure shall be so designed to withstand the speed for the
wind zone of the location where a PV system is proposed to be installed (like
Delhi-wind speed of 150 kM/ hour). It may be ensured that the design has
been certified by a recognized Lab/ Institution in this regard and submit wind
loading calculation sheet to JMI. Suitable fastening arrangement such as
grouting and calming should be provided to secure the installation against the
specific wind speed.
c) The mounting structure steel shall be as per latest IS 2062: 1992 and
galvanization of the mounting structure shall be in compliance of latest IS
4759.
d) Structural material shall be corrosion resistant and electrolytically compatible
with the materials used in the module frame, its fasteners, nuts and bolts.
Aluminium structures also can be used which can withstand the wind
speed of respective wind zone. Necessary protection towards rusting need
to be provided either by coating or anodization.
e) The fasteners used should be made up of stainless steel. The structures shall
be designed to allow easy replacement of any module. The array structure
shall be so designed that it will occupy minimum space without sacrificing the
output from the SPV panels
f) Regarding civil structures the bidder need to take care of the load bearing
capacity of the roof and need arrange suitable structures based on the quality
of roof.
g) The total load of the structure (when installed with PV modules) on the terrace
should be less than 60 kg/m2.

h) The minimum clearance of the structure from the roof level should be 300
mm.

16. JUNCTION BOXES (JBs)


a) The junction boxes are to be provided in the PV array for termination of
connecting cables. The J. Boxes (JBs) shall be made of GRP/FRP/Powder
38
Coated Aluminium /cast aluminium alloy with full dust, water & vermin proof
arrangement. All wires/cables must be terminated through cable lugs. The JBs
shall be such that input & output termination can be made through suitable
cable glands.
b) Copper bus bars/terminal blocks housed in the junction box with suitable
termination threads Conforming to IP65 standard and IEC 62208 Hinged door
with EPDM rubber gasket to prevent water entry. Single / double compression
cable glands. Provision of earthings. It should be placed at 5 feet height or
above for ease of accessibility.
c) Each Junction Box shall have High quality Suitable capacity Metal Oxide
Varistors (MOVs) / SPDs, suitable Reverse Blocking Diodes. The Junction
Boxes shall have suitable arrangement monitoring and disconnection for each
of the groups.
d) Suitable markings shall be provided on the bus bar for easy identification and
the cable ferrules must be fitted at the cable termination points for
identification

17. DC DISTRIBUTION BOARD:


a) DC Distribution panel to receive the DC output from the array field.
b) DC DPBs shall have sheet from enclosure of dust & vermin proof conform to
IP 65 protection. The bus bars are made of copper of desired size. Suitable
capacity MCBs/MCCB shall be provided for controlling the DC power output to
the PCU along with necessary surge arrestors.

18. AC DISTRIBUTION PANEL BOARD:


a) AC Distribution Panel Board (DPB) shall control the AC power from PCU/
inverter, and should have necessary surge arrestors. Interconnection from
ACDB to mains at LT Bus bar while in grid tied mode.
b) All switches and the circuit breakers, connectors should conform to IEC
60947, part I, II and III/ IS60947 part I, II and III.
c) The changeover switches, cabling work should be undertaken by the bidder
as part of the project.
d) All the Panels shall be metal clad, totally enclosed, rigid, floor mounted, air -
insulated, cubical type suitable for operation on three phase / single phase,
415 or 230 volts, 50 Hz
e) The panels shall be designed for minimum expected ambient temperature of
45 degree Celsius, 80 percent humidity and dusty weather.
f) All indoor panels will have protection of IP54 or better. All outdoor panels will
have protection of IP65 or better.
g) Should conform to Indian Electricity Act and rules (till last amendment).
h) All the 415 AC or 230 volts devices / equipment like bus support insulators,
circuit breakers, SPDs, VTs etc., mounted inside the switchgear shall be
suitable for continuous operation and satisfactory performance under the
following supply conditions

39
Variation in supply voltage +/- 10 %
Variation in supply frequency +/- 3 Hz

19. PCU/ARRAY SIZE RATIO:

a) The combined wattage of all inverters should not be less than rated
capacity of power plant under STC.
b) Maximum power point tracker shall be integrated in the PCU/inverter to
maximize energy drawn from the array.

20. PCU/ Inverter:

As SPV array produce direct current electricity, it is necessary to convert this


direct current into alternating current and adjust the voltage levels to match
the grid voltage. Conversion shall be achieved using an electronic Inverter
and the associated control and protection devices. All these components of
the system are termed the Power Conditioning Unit (PCU). In addition, the
PCU shall also house MPPT (Maximum Power Point Tracker), an interface
between Solar PV array & the Inverter, to the power conditioning unit/inverter
should also be DG set interactive. If necessary. Inverter output should be
compatible with the grid frequency. Typical technical features of the inverter
shall be as follows:

Switching devices : IGBT/MOSFET


Control : Microprocessor /DSP
Nominal AC output voltage and frequency : 415V, 3 Phase, 50 Hz (In case single
phase inverters are offered, suitable arrangement for balancing the phases must
be made.)
Output frequency : 50 Hz
Grid Frequency Synchronization range : + 3 Hz or more
Ambient temperature considered : -20o C to 50o C
Humidity : 95 % Non-condensing
Protection of Enclosure : IP-20(Minimum) for indoor.
: IP-65(Minimum) for outdoor.
Grid Frequency Tolerance range : + 3 or more
Grid Voltage tolerance : - 20% & + 15 %

No-load losses : Less than 1% of rated power

Inverter efficiency(minimum) : >93% ( In case of 10kW or above )


Inverter efficiency (minimum ) : > 90% (In case of less than 10 kW)
THD : < 3%

40
PF :> 0.9
a) Three phase PCU/ inverter shall be used with each power plant system (10kW
and/or above) but In case of less than 10kW single phase inverter can be
used.
b) PCU/inverter shall be capable of complete automatic operation including
wake-up, synchronization & shutdown.
c) The output of power factor of PCU inverter is suitable for all voltage ranges or
sink of reactive power, inverter should have internal protection arrangement
against any sustainable fault in feeder line and against the lightning on feeder.
d) Built-in meter and data logger to monitor plant performance through external
computer shall be provided.
e) The power conditioning units / inverters should comply with applicable IEC/
equivalent BIS standard for efficiency measurements and environmental tests
as per standard codes IEC 61683/IS 61683 and IEC 60068- 2(1,2,14,30)
/Equivalent BIS Std.
f) The charge controller (if any) / MPPT units environmental testing should
qualify IEC 60068-2(1, 2, 14, 30)/Equivalent BIS std. The junction boxes/
enclosures should be IP 65(for outdoor)/ IP 54 (indoor) and as per IEC 529
specifications.
g) The PCU/ inverters should be tested from the MNRE approved test centres /
NABL /BIS /IEC accredited testing- calibration laboratories. In case of
imported power conditioning units, these should be approved by international
test houses.

21. INTEGRATION OF PV POWER WITH GRID:

The output power from SPV would be fed to the inverters which converts DC
produced by SPV array to AC and feeds it into the main electricity grid after
synchronization. In case of grid failure, or low or high voltage, solar PV
system shall be out of synchronization and shall be disconnected from the
grid. Once the DG set comes into service PV system shall again be
synchronized with DG supply and load requirement would be met to the
extent of availability of power. 4 pole isolation of inverter output with respect to
the grid/ DG power connection need to be provided.

22. DATA ACQUISITION SYSTEM / PLANT MONITORING

i. Data Acquisition System shall be provided for each of the solar PV plant.
ii. Data Logging Provision for plant control and monitoring, time and date
stamped system data logs for analysis with the high quality, suitable PC.
Metering and Instrumentation for display of systems parameters and status
indication to be provided.

41
iii. Solar Irradiance: An integrating Pyranometer / Solar cell based irradiation
sensor (along with calibration certificate) provided, with the sensor mounted
in the plane of the array. Readout integrated with data logging system.
iv. Temperature: Temperature probes for recording the Solar panel temperature
and/or ambient temperature to be provided complete with readouts integrated
with the data logging system
v. The following parameters are accessible via the operating interface display in
real time separately for solar power plant:

a. AC Voltage.
b. AC Output current.
c. Output Power
d. Power factor.
e. DC Input Voltage.
f. DC Input Current.
g. Time Active.
h. Time disabled.
i. Time Idle.
j. Power produced
k. Protective function limits (Viz-AC Over voltage, AC Under voltage, Over
frequency, Under frequency ground fault, PV starting voltage, PV stopping
voltage.
vi. All major parameters available on the digital bus and logging facility for
energy auditing through the internal microprocessor and read on the digital
front panel at any time) and logging facility (the current values, previous
values for up to a month and the average values) should be made available
for energy auditing through the internal microprocessor and should be read
on the digital front panel.
vii. PV array energy production: Digital Energy Meters to log the actual value of
AC/ DC voltage, Current & Energy generated by the PV system provided.
Energy meter along with CT/PT should be of 0.5 accuracy class.
viii. Computerized DC String/Array monitoring and AC output monitoring shall be
provided as part of the inverter and/or string/array combiner box or
separately.
ix. String and array DC Voltage, Current and Power, Inverter AC output voltage
and current (All 3 phases and lines), AC power (Active, Reactive and
Apparent), Power Factor and AC energy (All 3 phases and cumulative) and
frequency shall be monitored.
x. Computerized AC energy monitoring shall be in addition to the digital AC
energy meter.
xi. The data shall be recorded in a common work sheet chronologically date
wise. The data file shall be MS Excel compatible. The data shall be
represented in both tabular and graphical form.
xii. All instantaneous data shall be shown on the computer screen.

42
xiii. Software shall be provided for USB download and analysis of DC and AC
parametric data for individual plant.
xiv. Provision for Internet monitoring and download of data shall be also
incorporated.
xv. Remote Server and Software for centralized Internet monitoring system shall
be also provided for download and analysis of cumulative data of all the
plants and the data of the solar radiation and temperature monitoring
system.
xvi. Ambient / Solar PV module back surface temperature shall be also
monitored on continuous basis.
xvii. Simultaneous monitoring of DC and AC electrical voltage, current, power,
energy and other data of the plant for correlation with solar and
environment data shall be provided.
xviii. Remote Monitoring and data acquisition through Remote Monitoring System
software at the owner /JMI location with latest software/hardware
configuration and service connectivity for online / real time data
monitoring/control complete to be supplied and operation and
maintenance/control to be ensured by the supplier. Provision for interfacing
these data on JMI server and portal in future shall be kept.

23. TRANSFORMER IF REQUIRED & METERING:


a) Dry/oil type relevant kVA, 11kV/415V, 50 Hz Step up along with all
protections, switchgears, Vacuum circuit breakers, cables etc. along with
required civil work.
b) The bidirectional electronic energy meter (0.5 S class) shall be installed for
the measurement of import/Export of energy.
c) The bidder must take approval/NOC from the Concerned DISCOM for the
connectivity, technical feasibility, and synchronization of SPV plant with
distribution network and submit the same to JMI before commissioning of
SPV plant.
d) Reverse power relay shall be provided by bidder (if necessary), as per the
local DISCOM requirement.

24. POWER CONSUMPTION:


a) Regarding the generated power consumption, priority need to give for
internal consumption first and thereafter any excess power can be
exported to grid. Finalization of tariff is not under the purview of JMI or
MNRE. Decisions of appropriate authority like DISCOM, state regulator
may be followed.
25. PROTECTIONS
The system should be provided with all necessary protections like earthing,
Lightning, and grid islanding as follows:

43
25.1. LIGHTNING PROTECTION

a) The SPV power plants shall be provided with lightning &overvoltage


protection. The main aim in this protection shall be to reduce the over
voltage to a tolerable value before it reaches the PV or other sub system
components. The source of over voltage can be lightning, atmosphere
disturbances etc The entire space occupying the SPV array shall be
suitably protected against Lightning by deploying required number of
Lightning Arrestors. Lightning protection should be provided as per IEC
62305standard. The protection against induced high-voltages shall be
provided by the use of metal oxide varistors (MOVs) and suitable earthing
such that induced transients find an alternate route to earth.

25.2. SURGE PROTECTION

a) Internal surge protection shall consist of three MOV type surge-arrestors


connected from +ve and ve terminals to earth (via Y arrangement).

25.3. EARTHING PROTECTION

a) Each array structure of the PV yard should be grounded/ earthed properly as


per IS: 3043-1987. In addition the lighting arrester/masts should also be
earthed inside the array field. Earth Resistance shall be tested in presence of
the representative of Department/JMI as and when required after earthing by
calibrated earth tester. PCU, ACDB and DCDB should also be earthed
properly.

b) Earth resistance shall not be more than 5 ohms. It shall be ensured that all the
earthing points are bonded together to make them at the same potential.

25.4. GRID ISLANDING:

a) In the event of a power failure on the electric grid, it is required that any
independent power-producing inverters attached to the grid turn off in a short
period of time. This prevents the DC-to-AC inverters from continuing to feed
power into small sections of the grid, known as islands. Powered islands
present a risk to workers who may expect the area to be unpowered, and they
may also damage grid-tied equipment. The Rooftop PV system shall be
equipped with islanding protection. In addition to disconnection from the grid
(due to islanding protection) disconnection due to under and over voltage
conditions shall also be provided.

b) A manual disconnect 4pole isolation switch beside automatic disconnection to


grid would have to be provided at utility end to isolate the grid connection by
the utility personnel to carry out any maintenance. This switch shall be locked
by the utility personnel.

26. CABLES
44
Cables of appropriate size to be used in the system shall have the following
characteristics:

i. Shall meet IEC 60227/IS 694, IEC 60502/IS1554 standards


ii. Temp. Range: 10oC to +80oC.
iii. Voltage rating 660/1000V
iv. Excellent resistance to heat, cold, water, oil, abrasion, UV radiation v.
Flexible
vi. Sizes of cables between array interconnections, array to junction boxes,
junction boxes to Inverter etc. shall be so selected to keep the voltage drop
(power loss) of the entire solar system to the minimum. The cables (as per IS)
should be insulated with a special grade PVC compound formulated for
outdoor use. vii. Cable Routing/ Marking: All cable/wires are to be routed in a
GI cable tray and suitably tagged and marked with proper manner by good
quality ferule or by other means so that the cable easily identified.
viii. The Cable should be so selected that it should be compatible up to the life
of the solar PV panels i.e. 25years. ix. The ratings given are approximate.
Bidder to indicate size and length as per system design requirement. All the
cables required for the plant provided by the bidder. Any change in cabling
sizes if desired by the bidder/approved after citing appropriate reasons. All
cable schedules/layout drawings approved prior to installation.
x. Multi Strand, Annealed high conductivity copper conductor PVC type A
pressure extruded insulation or XLPE insulation. Overall PVC/XLPE
insulation for UV protection Armoured cable for underground laying. All
cable trays including covers to be provided. All cables conform to latest
edition of IEC/ equivalent BIS Standards as specified below: BoS item /
component Standard Description Standard Number Cables General Test
and Measuring Methods, PVC/XLPE insulated cables for working Voltage
up to and including 1100 V ,UV resistant for outdoor installation IS /IEC
69947.
xi. The size of each type of DC cable selected shall be based on minimum
voltage drop however; the maximum drop shall be limited to 1%.
xii. The size of each type of AC cable selected shall be based on minimum
voltage drop however; the maximum drop shall be limited to 2 %.

27. CONNECTIVITY

The maximum capacity for interconnection with the grid at a specific voltage
level shall be as specified in the Distribution Code/Supply Code of the State
and amended from time to time. Following criteria have been suggested for
selection of voltage level in the distribution system for ready reference of the
solar suppliers.

45
Plant Capacity Connecting voltage
240V-single phase or 415V-three
Up to 10 kW
phase at the option of the consumer
Above 10kW and up to 100 kW 415V three phase
At HT/EHT level (11kV/33kV/66kV)
Above 100kW
as per DISCOM rules

a) The maximum permissible capacity for rooftop shall be 1 MW for a single


net metering point.
b) Utilities may have voltage levels other than above, DISCOMS may be
consulted before finalization of the voltage level and specification be made
accordingly.
c) For large PV system (Above 100 kW) for commercial installation having
large load, the solar power can be generated at low voltage levels and
stepped up to 11 kV level through the step up transformer. The
transformers and associated switchgear would require to be provided by
the SPV bidders.

28. TOOLS & TACKLES AND SPARES:


a) After completion of installation & commissioning of the power plant, necessary
tools & tackles are to be provided free of cost by the bidder for maintenance
purpose. List of tools and tackles to be supplied by the bidder for approval of
specifications and make from JMI/ owner.

b) A list of requisite spares in case of PCU/inverter comprising of a set of control


logic cards, IGBT driver cards etc. Junction Boxes. Fuses, MOVs / arrestors,
MCCBs etc along with spare set of PV modules be indicated, which shall be
supplied along with the equipment. A minimum set of spares shall be
maintained in the plant itself for the entire period of warranty and Operation &
Maintenance which upon its use shall be replenished.

29. DANGER BOARDS AND SIGNAGES:


a) Danger boards should be provided as and where necessary as per IE Act. /IE
rules as amended up to date. Three signage shall be provided one each at
battery cum- control room, solar array area and main entry from
administrative block. Text of the signage may be finalized in consultation with
JMI/ owner.

30. FIRE EXTINGUISHERS:


The fire fighting system for the proposed power plant for fire protection shall be
consisting of:
a) Portable fire extinguishers in the control room for fire caused by electrical
short circuits
b) Sand buckets in the control room

46
c) The installation of Fire Extinguishers should confirm to TAC regulations and
BIS standards. The fire extinguishers shall be provided in the control room
housing PCUs as well as on the Roof or site where the PV arrays have
been installed.

31. DRAWINGS & MANUALS:

a) Two sets of Engineering, electrical drawings and Installation and O&M


manuals are to be supplied. Bidders shall provide complete technical data
sheets for each equipment giving details of the specifications along with
make/makes in their bid along with basic design of the power plant and
power evacuation, synchronization along with protection equipment.
b) Approved ISI and reputed makes for equipment be used.
c) For complete electro-mechanical works, bidders shall supply complete
design, details and drawings for approval to JMI/owners before
progressing with the installation work

32. PLANNING AND DESIGNING:

a) The bidder should carry out Shadow Analysis at the site and accordingly
design strings & arrays layout considering optimal usage of space,
material and labour. The bidder should submit the array layout drawings
along with Shadow Analysis Report to JMI/Owner for approval.
b) JMI reserves the right to modify the landscaping design, Layout and
specification of sub-systems and components at any stage as per local site
conditions/requirements.
c) The bidder shall submit preliminary drawing for approval & based on any
modification or recommendation, if any. The bidders submit three sets and
soft copy in CD of final drawing for formal approval to proceed with
construction work.

33. DRAWINGS TO BE FURNISHED BY BIDDER AFTER AWARD OF


CONTRACT
a) The Contractor shall furnish the following drawings Award/Intent and obtain
approval
b) General arrangement and dimensioned layout
c) Schematic drawing showing the requirement of SV panel, Power
conditioning Unit(s)/ inverter, Junction Boxes, AC and DC Distribution
Boards, meters etc.
d) Structural drawing along with foundation details for the structure.
e) Itemized bill of material for complete SV plant covering all the components
and associated accessories.
f) Layout of solar Power Array
g) Shadow analysis of the roof

47
34. SOLAR PV SYSTEM ON THE ROOFTOP FOR MEETING THE ANNUAL
ENERGY REQUIREMENT

The Solar PV system on the rooftop of the selected buildings will be installed
for meeting upto 90% of the annual energy requirements depending upon the
area of rooftop available and the remaining energy requirement of the office
buildings will be met by drawing power from grid at commercial tariff of
DISCOMs.

35. SAFETY MEASURES:


The bidder shall take entire responsibility for electrical safety of the
installation(s) including connectivity with the grid and follow all the safety rules
& regulations applicable as per Electricity Act, 2003 and CEA guidelines etc.

36. DISPLAY BOARD


The bidder has to display a board at the project site mentioning the following:
a. Plant Name, Capacity, Location, Type of Renewable Energy plant (Like solar
wind etc.), Date of commissioning, details of tie-up with transmission and
distribution companies, Power generation and Export FY wise.

b. Financial Assistance details from JMI/MNRE/Any other financial institution apart


from loan. This information shall not be limited to project site but also be
displayed at site offices/head quarter offices of the successful bidder

c. The size and type of board and display shall be approved by Engineer-in
charge before site inspection.

48
SECTION -IV

FORMATS FOR SUBMITTING RFS

Format-1

Covering Letter

(The covering letter should be on the Letter Head of the Bidding Company)

Ref. No. _________Date:___________

From: ____________(Insert name and address of Bidding Company)

__________________ __________________

Tel. #: Fax#:

E-mail address#

To

Jamia Millia Islamia


(A Central University)
Jamia
New Delhi

Sub: Bid for Implementation of Grid connected Roof Top Solar PV System Scheme as per RFS
Dear Sir,

We, the undersigned.[insert name of the Bidder] having read, examined and understood in detail the RFS Document for
Implementation of Grid connected Roof Top Solar PV System Scheme hereby submit our Bid comprising of Price Bid and
Techno Commercial Bid. We confirm that neither we nor any of our Parent Company / Affiliate/Ultimate Parent Company has
submitted Bid other than this Bid directly or indirectly in response to the aforesaid RFS.
We give our unconditional acceptance to the RFS, datedand RFS Documents attached thereto, issued by Jamia
Millia Islamia, as amended. As a token of our acceptance to the RFS Documents, the same have been initialled by us and
enclosed to the Bid. We shall ensure that we execute such RFS Documents as per the provisions of the RFS and provisions of
such RFS Documents shall be binding on us.

1. Bid Capacity

We have bid for the capacity of 2.25 MWp.

Bid Bond

We have enclosed a Bid Bond of Rs 33,75,000 (Thirty Three Lac Seventy Five Thousand), in the form of Demand Draftin
terms of Clause of this RFS.

We have submitted our Price Bid strictly as per Section IV of this RFS, without any deviations, conditions and without
mentioning any assumptions or notes for the Price Bid in the said format(s).

2. Acceptance

We hereby unconditionally and irrevocably agree and accept that the decision made by Jamia Milia Islamia in respect of any
matter regarding or arising out of the RFS shall be binding on us. We hereby expressly waive any and all claims in respect of
Bid process.

We confirm that there are no litigations or disputes against us, which materially affect our ability to fulfil our obligations with
regard to execution of projects of capacity offered by us.

3. Familiarity with Relevant Indian Laws & Regulations

50
We confirm that we have studied the provisions of the relevant Indian laws and regulations as required to enable us to
submit this Bid and execute the RFS Documents, in the event of our selection as Successful Bidder. We further undertake
and agree that all such factors as mentioned in RFS have been fully examined and considered while submitting the Bid.

4. Contact Person

Details of the contact person are furnished as under:


Name :

Designation : ....

Company : .

Address : .

Phone Nos. : .

Fax Nos. : .

E-mail address : .

5. We are enclosing herewith the Envelope-IA (Covering letter, Processing fee and Bid Bonds) Envelope-IB (Techno-
Commercial documents) and Envelope II (Price Bids) containing duly signed formats, each one duly sealed separately, in
one original as desired by you in the RFS for your consideration.

It is confirmed that our Bid is consistent with all the requirements of submission as stated in the RFS and subsequent
communications from Jamia Millia Islamia. The information submitted in our Bid is complete, strictly as per the requirements
stipulated in the RFS and is correct to the best of our knowledge and understanding. We would be solely responsible for any
errors or omissions in our Bid. We confirm that all the terms and conditions of our Bid are valid for acceptance for a period of
12 month from the Bid deadline. We confirm that we have not taken any deviation so as to be deemed non-responsive.

51
Dated the_____________day of________,20.

Thanking you,

We remain,

Yours faithfully,

Name, Designation and Signature of Authorized Person in whose name Power of Attorney/Board Resolution.

52
Format-2

GENERAL PARTICULARS OF THE BIDDER


Name of the Company
Registered Office Address
E-mail
Web site

Authorized Contact Person(s) with name,


designation Address and Mobile Phone
No., E-mail address/ Fax No. to whom all
references shall be made

Year of Incorporation
Have the bidder/Company ever been
debarred By any Govt. Dept. /
Undertaking for undertaking any work.
Reference of any document information
attached by the Bidder other than
specified in the RFS.
Whether the Bidder wishes to form a
Project Company for execution of work Yes/No

Bidding company is listed in india Yes/No


Details of the Ownership structure
(Details of persons owning 10% or more of
the Total Paid up equity of the Bidding
Company in the Format as below

(Signature of Authorized Signatory)

With Stamp

53
Format-3 (Shareholding certificate)

Type and
Number of shares % of equity
Name of the Equity holder Extent of Voting rights
owned holding

(Signature of Authorized Signatory)

With Stamp

(Signature of Company Secretary/Director/Chartered Accountant )

1.

54
Format-4

POWER OF ATTORNEY

(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of execution.)

(a) Power of Attorney to be provided by the Bidding Company in favour of its representative as evidence of authorized
signatorys authority.

Know all men by these presents, We .


(name and address of the registered office of the Bidding Company as applicable) do hereby constitute, appoint and authorize
Mr./Ms. .. (name & residential address) who is presently employed with us and holding the position of
as our true and lawful attorney, to do in our name and on our behalf, all such acts, deeds and
things necessary in connection with or incidental to submission of our Bid for implementation of grid connected Roof top solar PV
scheme in response to the NIT No
dated .. issued by Jamia Milia Islamia (JMI), New Delhi including signing and submission
of the Bid and all other documents related to the Bid, including but not limited to undertakings, letters, certificates, acceptances,
clarifications, guarantees or any other document which the JMI may require us to submit. The aforesaid Attorney is further
authorized for making representations to the Jamia Milia Islamia, New Delhi and providing information / responses to JMI, New
Delhi representing us in all matters before JMI, New Delhi and generally dealing with JMI, New Delhi in all matters in connection
with Bid till the completion of the bidding process as per the terms of the above mentioned NIT.

We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this Power of Attorney and that all
acts, deeds and things done by our aforesaid attorney shall be binding on us and shall always be deemed to have been done by
us.

All the terms used herein but not defined shall have the meaning ascribed to such terms under the NIT.

55
Signed by the within named

.. (Insert the name of the executant


company)

through the hand of

Mr.

duly authorized by the Board to issue such Power of Attorney

Dated this day of

Accepted

..

Signature of Attorney

(Name, designation and address of the Attorney)

Attested

(Signature of the executant)

(Name, designation and address of the executant)

56

Signature and stamp of Notary of the place of execution

Common seal of has been affixed in my/our presence pursuant to Board of Directors Resolution
dated

WITNESS

1. ..

(Signature)

Name

Designation

2. .

(Signature)

57
Name

Designation

Notes:

The mode of execution of the power of attorney should be in accordance with the procedure, if any, laid down by the applicable
law and the charter documents of the executant(s) and the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are to be provided on the power of attorney
shall be duly authorized by the executant(s) in this regard.

The person authorized under this Power of Attorney, in the case of the Bidding Company / Lead Member being a public
company, or a private company which is a subsidiary of a public company, in terms of the Companies Act, 1956, with a paid up
share capital of more than Rupees Five crores, should be the Managing Director / whole time director/manager appointed under
section 269 of the Companies Act, 1956. In all other cases the person authorized should be a director duly authorized by a
board resolution duly passed by the Company.

Also, wherever required, the executant(s) should submit for verification the extract of the chartered documents and documents
such as a Board resolution / power of attorney, in favour of the person executing this power of attorney for delegation of power
hereunder on behalf of the executant(s).

58
Format -5

FINANCIAL ELIGIBILITY CRITERIA REQUIREMENT (AS PER CLAUSE 3.4)

(To be submitted on the letterhead of Bidding Company)

To,

Jamia Milia Islamia


(A Central University)
New Delhi

Dear Sir,

Sub: Bid for Implementation of Grid connected Roof Top Solar PV System scheme in response to the RFS No: JMI/ / /2016
dated:

We submit our Bid/Bids for the total capacity of 2.25 MWp for which details of our Financial Eligibility Criteria Requirements are
as follows.

Further ,we certify that the Financially Evaluated Entity (ies) had anAnnual Turnover

of the last 3 Years immediately preceding the Bid Deadline.

59
Name of Relationship Financial Year of
Financially with Bidding year Incorporation
Evaluated Company** Annual
Entity* Turnover
(Rs. Crore)

* The Financially Evaluated Entity should be the Bidding Company itself.

**

Yours faithfully

(Signature and stamp (on each page) of Authorized Signatory of Bidding Company.

Name: .

Date:

Place: ..

60
(Signature and stamp (on each page) of Chartered Accountant/Statutory Auditors of Bidding Company.

Name: ..

Date: .

Place:

Notes:

61
Tentative roofs loacatoin of Jamia for solar system
List of the Building
Neme of the Building Remarks
1 King Abdullah - Bin Adul Aziz Medical Centre
2 Faculty of Dentistry
3 New Institutional Building for Polytechinc
4 Deptt. of Physics
5 Natural Science Building
6 Faculty of New Natural Science
7 Deptt. o Social Work
8 A.K. Hameed Centre
9 Main Campus Cantee
10 Stuents Union
11 Deptt. of Socialogy and Psychology
12 Deptt. of Economic and Political Science
13 Science-2 Block (Chemistry Deptt. Natural Science)
14 Deptt. of Commerce & Maths
15 University Polytechnic
16 New Central Library
17 Deptt. of Bio-Science
18 D/o Bio-Science- II
19 Dr. Zakir Hussain Library
20 Nelson Mandela Peace and Conflict
21 Proctor Office
22 Faculty of Art (New Building)
23 Canteen (Near Fine Arts)
24 Deptt.of Fine Arts
25 Class Room For Fine Arts
26 Class Room for Fine Arts (New Existing)
27 Deptt. of Art History
28 Fina Arts( Main Building)
29 Office Building & Construction Department & Store
30 Ext. of Building & Construction Deptt.
31 F/o Engineering &Technology
32 Dean Office (F/o Engineering &Technolgy
33 Canteen for F/o Engineering & Technology

Page 1
34 F/o Engineering Workshop
35 Nano Tech Lab
36 Architecture Department
37 Centre for Management Studies Law Faculty
38 IAS Academy (Coaching Centre fror Minorities & SC ST
39 Indo Arab Culture Centre
40 Centre for Physiotherapy-I
41 Centre for Physiotherapy-II
42 Common Room(SRK)
43 F/o Humanities & Languages
Deptt. of History, Geography& Tourism (Mohibul Hassan
44
House)
45 Old S.R. K. Building
46 Urdu Department
47 Deptt. of English
48 Centre for IT
49 M.F. Hussain Art Gallary
50 Castro Caffe (College Canteen)
51 Serwar Manzil Class room
52 Serwar Manzil (MCRC)
53 A.J. K MCRC
54 A.J.K MCRC (New Block)
55 Studio (MCRC)
56 Dayar-E- Mir Confrence Hall
57 Admin Block (Khayabaane Ajmal)
58 Jamuna lal Bajaj House (Office)
59 Basic Science
60 Officer House (Nelson Mandela House)
61 Spanish Centre
62 Dean Office (F/o Education)
63 Arjun Singh Centre for Distance & learning
64 Dabistan Abdul Majeed Khawajas Academic Staff College
65 New Examination Building
66 Saeed Ansari Block (TTI)
67 IASE Building
68 TTI (S.R.C. )Building)

Page 2
69 TTI F/o Education
70 Canteen TTI
71 Noam Chomsky

Page 3
BUILDING AND CONSTRUCTION DEPARTMENT
JAMIA MILLIA ISLAMIA

PERCENTAGE RATE / ITEM RATE TENDER


AND
CONTRACT FOR WORKS
1. All works proposed for execution by contract will be notified in a form General Rules
of invitation to tender pasted in public places and signed by officer inviting and Directions
tender or by publication in newspapers as the case may be.

This form will state the work to be carried out, as well as the date for
submitting and opening tenders and the time allowed for carrying out the
work, also the amount of earnest money to be deposited with the
application and the amount of the Security Deposit and performance
guarantee to be deposited by the successful tenderer and the percentage,
if any, to be deducted from bills. Copies of the specifications, designs and
drawings and any other documents required in connection with the work
signed for the purpose of identification by the University Superintending
Engineer shall also be open for inspection by the contractor at the office of
the University Superintending Engineer during office hours.

2. In the event of the tender being submitted by a firm, it must be signed


separately by each partner thereof, or in the event of the absence of any
partner, it must be signed on his behalf by a person holding a power of
attorney authorizing him to do so, such power of attorney to be produced
with the tender, and it must disclose that the firm is duly registered under
the Indian Partnership Act, 1952.

3. Receipts for payment made on account of work, when executed by a


firm, must also be signed by the all partners, except where the contractors
are described in their tender as a firm, in which case the receipts must be
signed in the name of the firm by one of the partners, or by some other
person having due authority to give effectual receipts for the firm.

4. Any person who submits a tender shall fill up the usual printed Applicable for
tender form, stating at what rate he is willing to undertake each item of Item Rate Tender
the work. Tenders, which propose any alteration in the work specified in only (CPWD-8)
General Rules

the said form of invitation to tender, or in the time allowed for carrying
out the work, or which contain any other conditions of any sort, including
conditional rebates, will be summarily rejected. No single tender shall
include more than one work, but contractors, who wish to tender for two
or more works, shall submit separate tender for each. Tenders shall have
the name and number of the work, to which they refer, written on the
envelopes.

The rate(s) must be quoted in decimal coinage. Amounts must be


quoted in full rupees by ignoring fifty paise and considering more than
fifty paise as rupee one.

In case the lowest tendered amount (worked out on the basis of


quoted rate of individual items) of two or more contractors is same, then
such lowest contractors may be asked to submit sealed revised offer
quoting rate of each item of the schedule of quantity for all sub sections/
sub heads as the case may be, but the revised quoted rate of each item of
schedule of quantity for all sub sections / sub heads should not be higher
than their respective original rate quoted already at the time of submission
of tender. The lowest tender shall be decided on the basis of revised offer.

If the revised tendered amount (worked out on the basis of quoted


rate of individual items) of two or more contractors received in revised offer
is again found to be equal, then the lowest tender, among such contractors,
shall be decided by draw of lots in the presence of University
Superintending Engineer and the lowest contractors those have quoted
equal amount of their tenders.

In case of any such lowest contractor in his revised offer quotes rate
of any item more than their respective original rate quoted already at the
time of submission of tender, then such revised offer shall be treated
invalid. Such case of revised offer of the lowest contractor or case of refusal
to submit revised offer by the lowest contractor shall be treated as
withdrawal of his tender before acceptance and 50% of his earnest
money shall be forfeited.

In case all the lowest contractors those have same tendered amount
(as a result of their quoted rate of individual items), refuse to submit
revised offers, then tenders are to be recalled after forfeiting 50% of EMD
of each lowest contractors.

Contractor, whose earnest money is forfeited because of non-


submission of revised offer, or quoting higher revised rate(s) of any item(s)

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General Rules

than their respective original rate quoted already at the time of submission
of his bid shall not be allowed to participate in the retendering process of
the work.

4A. In case of Percentage Rate Tenders, contractor shall fill up the usual Applicable for
printed form, stating at what percentage below/above (in figures as well Percentage Rate
as in words) the total estimated cost given in Schedule of Quantities at Tender only
Schedule-A, he will be willing to execute the work. The tender submitted (CPWD-7)
shall be treated as invalid if :
1. The contractor does not quote percentage above/below on the
total amount of tender or any section/ sub head of the tender.
2. The percentage above/below is not quoted in figures & words
both on the total amount of tender or any section/ sub head of
the tender.
3. The percentage quoted above/below is different in figures and
words on the total amount of tender or any section/ sub head
of the tender :
Tenders, which propose any alteration in the work specified in the
said form of invitation to tender, or in the time allowed for carrying out
the work, or which contain any other condition of any sort including
conditional rebates, will be summarily rejected. No single tender shall
include more than one work, but contractors who wish to tender for two
or more works shall submit separate tender for each. Tender shall have the
name and number of the works to which they refer, written on the envelopes.
4B. In case the lowest tendered amount (estimated cost amount worked
on the basis of percentage above/ below) of two or more contractors is
same, such lowest contractors will be asked to submit sealed revised offer
in the form of letter mentioning percentage above/ below on estimated cost
of tender including all sub sections/ sub heads as the case may be, but
the revised percentage quoted above/ below on tendered cost or on each
sub section/ sub head should not be higher than the percentage quoted at
the time of submission of tender. The lowest tender shall be decided on
the basis of revised offers.
In case any of such contractors refuses to submit revised offer, then it
shall be treated as withdrawal of his tender before acceptance and 50% of
earnest money shall be forfeited.
If the revised tendered amount of two or more contractors received
in revised offer is again found to be equal, the lowest tender, among such

3
General Rules

contractors, shall be decided by draw of lots in the presence of University


Superindenting Engineer and the lowest contractors those have quoted
equal amount of their tenders.
In case all the lowest contractors those have quoted same tendered
amount, refuse to submit revised offers, then tenders are to be recalled after
forfeiting 50% of EMD of each contractor.
Contractor(s), whose earnest money is forfeited because of non-
submission of revised offer, shall not be allowed to participate in the re-
tendering process of the work.
5. The Officer inviting tender or his duly authorized assistant, will open
tenders in the presence of any intending contractors who may be present
at the time, and will enter the amounts of the all tenders in a comparative
statement in a suitable form. In the event of a tender being accepted, the
earnest money shall be retained and the contractor who shall thereupon
for the purpose of identifications for signed copies of the specifications and
other documents mentioned in Rule-1. In the event of a tender being
rejected, the earnest money shall thereupon be returned to the contractor
remitting the same, without any interest.
6. The officer inviting tenders shall have the right of rejecting all or any of
the tenders and will not be bound to accept the lowest or any other tender.
7. The memorandum of work tender for and the schedule of materials,
if any, to be supplied by the Jamia Millia Islamia and their issue rates, shall
be filled in and completed in the office of the University Superintending
Engineer before the tender form is issued. If a form is issued to an intending
tenderer without having been so filled in and incomplete, he shall request
the officer to have this done before he completes and delivers his tender.
8. The tenderers shall sign a declaration under the Officials Secret Act,
1923, for maintaining secrecy of the tender documents drawings or other
records connected with the work given to them. The unsuccessful tenderers
shall return all the drawings given to them.
9. Use of correcting fluid anywhere in tender document is not permitted.
Such tender is liable for rejection.
Applicable for 10. In the case of Item Rate Tenders, only rates quoted shall be
item Rate Tender considered. Any tender containing percentage below/above the rates
only (CPWD-8) quoted is liable to be rejected. Rates quoted by the contractor in item rate
tender in figures and words shall be accurately filled in so that there is no
discrepancy in the rates written in figures and words. However, if a
discrepancy is found, the rates which correspond with he amount worked

4
General Rules

out by the contractors shall unless otherwise proved be taken as correct. If


the amount of an item is not worked out by the contractor or it does not
correspond with the rates written either in figures or in words, then the
rates quoted by the contractor in words shall be taken as correct. Where
the rates quoted by the contractor in figures and in words tally but the
amount is not worked out correctly, the rates quoted by the contractor will
unless otherwise proved be taken as correct and not the amount. In event
no rate has been quoted for any item(s), leaving space both in figure(s),
word(s) and amount blank, it will be presumed that the contractor has
included the cost of this/ these item(s) in other items and rate for such
item(s) will be considered as zero and work will be required to be executed
accordingly.

10A. In case of Percentage Rate Tenders, only percentage quoted shall Applicable for
be considered. Any tender containing item rate is liable to be rejected. Percentage Rate
Percentage quoted by the contractor in percentage rate tender shall Tender only
be accurately filled in figures and words, so that there is no (CPWD-7)
discrepancy.

11. In the case of any tender where unit rate of any item/items appear
unrealistic, such tender will be considered as unbalanced and in case the
tenderer is unable to provide satisfactory explanation such a tender is liable
to be disqualified and rejected.

12. All rates shall be quoted on the tender form. The amount for each item Applicable for
should be worked out and requisite totals given. Special care should be item Rate Tender
taken to write the rates in figures as well as in words and the amount in only (CPWD-8)
figures only, in such a way that interpolation is not possible. The total
amount should be written both in figures and in words. In case of figures,
the word Rs. should be written before the figure of rupees and word P
after the decimal figures, e.g. Rs. 2.15 P and in case of words, the word,
Rupees should precede and the word Paise should be written at the end.
Unless the rate is in whole rupees and followed by the word only it should
invariably be upto two decimal places. While quoting the rate in schedule
of quantities, the word only should be written closely following the
amount and it should not be written in the next line.

12A. In Percentage Rate Tender, the tenderer shall quote percentage below/ Applicable for
above (in figures as well as in words) at which he will be willing to execute Percentage Rate
the work. He shall also work out the total amount of his offer and the same Tender only
should be written in figures as well as in words in such a way that no (CPWD-7)

5
General Rules

interpolation is possible. In case of figures, the word Rs. should be written


before the figure of rupees and word P after the decimal figures, e.g.
Rs. 2.15 P and in case of words, the word Rupees should precede and
the word Paise should be written at the end. While quoting the rate, the
word 'only' should be written closely following the amount and it should
not be written in the next line.

13. (i) The contractor whose tender is accepted, will be required to


furnish performance guarantee of 5% (Five Percent) of the
tendered amount within the period specified in Schedule F. This
guarantee shall be in the form of Bankers cheque of any
scheduled bank/ Demand Draft of any scheduled bank/ Pay
Order of any scheduled bank.
(ii) The contractor whose tender is accepted, will also be required
to furnish by way of Security Deposit for the fulfillment of his
contract, an amount equal to 5% of the tendered value of the
work. The Security Deposit will be collected by deductions
from the running bills of the contractor at the rates of 10% of
gross value of RA bill and the earnest money deposited at the
time of tenders, will be treated as a part of the Security Deposit.
Earnest money shall be adjusted first in the security deposit and
further recovery of security deposit shall commence only when
the upto date amount of security deposit starts exceeding the
amount of the earnest money.
14. On acceptance of the tender, the name of the accredited
representative(s) of the contractor who would be responsible for taking
instructions from the Engineer -in- Charge shall be communicated in
writing to the Engineer -in- Charge.

15. Sales tax/VAT, purchase tax, turnover tax or any other tax on
material in respect of this contract shall be payable by the Contractor and
Jamia Millia Islamia will not entertain any claim whatsoever in respect of
the same. Service tax is not payable by the Jamia Millia Islamia as per
government order on the JMI Project. However, if service tax is made
applicable on Jamia Millia Islamia Projects/Works then, the same shall be
paid by the contractor to the concerned department on demand and it will
be reimbersed to him by the Engineer in- Charge after satisfying that it
has been actually and genuinely paid by the Contractor.

16. The contractor shall give a list of Jamia Millia Islamia employees
related to him.

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General Rules

17. The tender for the work shall not be witnessed by a contractor or
contractors who himself/ themselves has/ have tendered or who may and
has/ have tendered for the same work. Failure to observe this condition
would render, tenders of the contractors tendering, as well as witnessing
the tender, liable to summary rejection.

18. The tender for composite work includes, in addition to building


work, all other works such as sanitary and water supply installations,
drainage installation electrical work, horticulture work, roads and paths
etc. The tenderer apart from being a registered contractor (B&R) of
appropriate class, must associate himself with agencies appropriate class
which are eligible to tender for sanitary and water supply, drainage,
electrical and horticulture works in the composite tender.
19. The contractor shall submit list of works which are in hand
(progress) in the following form :

Name of Name & particulars of Divn. Value of Position of Remarks


Work where work is being executed Work works in progress
1 2 3 4 5

20. The contractor shall comply with the provisions of the Apprentices
Act 1961, and the rules and orders issued thereunder from time to time. If
he fails to do so, his failture will be a breach of the contract and the
University Superintending Engineer/ Executive Engineer may in his
discretion, without prejudice to any other right or remedy available in law,
cancel the contract. The contractor shall also be liable for any precuniary
liability arising on account of any violation by him of the provisions of the
said Act.

7
General Rules

PERCENTAGE RATE / ITEM RATE TENDER FOR WORKS


I/We have read and examined the notice inviting tender, Schedule
A, B, C, D, E & F Specifications applicable, Drawings & Designs, General
Rules and Directions, Conditions of Contract, Clauses of Contract, Special
Conditions, Schedule of Rate & other documents and Rules refered to in
the Conditions of Contract and all other contents in the tender documents
for the work.

I/We hereby tender for the execution of the work specified in the
underwritten in memorandum for the Vice-Chancellor, Jamia Millia Islamia
within the time specified in such memorandum at the rates specified
therein, and in accordance in all respect with the specifications, designs,
and instructions in writing referred to in Rule 1 of General Rules and
Directions and in clause 11 of the conditions of contract, and with such
materials as are provided for, by and in respect of accordance with, such
conditions so far as applicable.

Memorandum :
(a) General Description: ___________________________________________

(b) Estimated Cost Rs._____________________________________________

(c) Earnest Money Rs._____________________________________________

(d) Security Deposit: Rs.___________________________________________

10% of the gross amount of each running bill till the sum along
with the sum already deposited as earnest money, will amount to
security deposit of 5% of the tendered value of the work.
(e) Time allowed for the work from the 15th day after the date of written
order to commence the work within ....................... days/months.
I/We agree to keep the tender open for Ninety (90) days from the date
of opening & not to make any modifications in its terms and conditions.
Should this tender be accepted, in whole or in part, I/We hereby
agree (i) to abide by and fulfill all the terms and provisions of the said
conditions annexed hereto and all the terms and provisions contained in
notice inviting tender so far as applicable and/or in default thereof to forfeit
and pay to the Vice-Chancellor, Jamia Millia Islamia, or his successor, in
office, the sum of money mentioned in the said conditions.

8
General Rules

A Sum of Rs. as performance guarantee is hereby forwarded


in Demand Draft. If I/We fail to commence the work specified in the above
Memorandum, I/We agree that the said Vice-Chancellor or his successor in
office shall, without prejudice to any other right or remedy, be at liberty to
forfeit the said Earnest Money absolutely, otherwise the said Earnest Money
shall be retained by him towards Security Deposit mentioned against Clause
(d) of the above-mentioned Memorandum; (ii) Further if I/We fail to
commence work as specified, I/We agree that Vice-Chancellor, JMI or the
successors in office shall without prejudice to any other right or remedy
available in law, be at liberty to forefeit the said performance guarantee
absolutely. The said performance guarantee shall be a guarantee to execute
all the work referred to in the tender documents upon the terms and
conditions contained or referred to therein and to carry out such deviations
as may be ordered, upto a maximum of 50% at the rates quoted in tender
documents and those in excess of that limit at the rates to be determined in
accordance with the provisions contained in Clause 12.2 & 12.3 of the tender
form.
Further, I/We agree that in case of forfeiture of earnest money or both
Earnest Money and Performance guarantee as aforesaid. I/We shall be
debarred for participation in the re-tendering process of the work.
I/We undertake and confirm that eligible similar work(s) has/have
not been got executed through another contractor on back to back basis.
Further that, if such a violation comes to the notice of JMI then I/ We shall
be debarred for tendering in JMI. in future forever. Also, if such violation
comes to notice of JMI before the date of start of work, the Engineer -in-
Charge shall be free to forfeit the entire amount of Earnest Money Deposited/
Performance Guarantee.
I/We hereby declare that I/We shall treat the tender documents
drawings and other records connected with this work as secret/ confidential
documents and shall not communicate information derived therefrom to
any person other than a person to whom I/We am/ are authorised to
communicate the same or use the information in any manner prejudicial
to the safety of the Jamia Millia Islamia/ State.
Dated .............................. Signature of Contractor
Postal Address
Witness: .....................................................
Address: .....................................................
.....................................................
Occupation: .....................................................

9
General Rules

ACCEPTANCE

The above tender (as modified by you as provided in the letters mentioned
here under) is accepted by me for and on behalf of the Vice Chancellor,
Jamia Millia Islamia for a sum of Rs.............. (Rupees
.....................................................)

The letters referred to below shall form part of this contract agreement:
a)
b)
c)

Dated ......................... for & on behalf of Jamia Millia Islamia

Signature .....................................................

Seal...........................................................

10
General Rules

CONDITIONS OF CONTRACT
1. The Contract means the documents forming the tender and acceptance Definitions
thereof and the formal agreement executed between the competent
authority on behalf of the Vice-Chancellor, Jamia Millia Islamia and
the contractor, together with the documents referred to therein including
these conditions, the specifications, designs, drawings and instructions
issued from time to time by the Engineer -in- Charge and all these
documents taken together, shall be deemed to form one contract and
shall be complementary to one another.
2. In the contract the following expressions shall, unless the context
otherwise requires, have the meanings, hereby respectively assigned
to them.
(i) The expression Works or Work shall, unless there be
something either in the subject or context repugnant to such
construction, be construed and taken to mean the works by or
by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered,
substituted or additional.
(ii) The Site shall mean the land or other places on, into or through
which work is to be executed under the contract or any adjacent
land, path or street through which work is to be executed under
the contract or any adjacent land, path or street which may be
allotted or used for the purpose of carrying out the contract.
(iii) The Contractor shall mean the individual, firm or company,
whether incorporated or not, undertaking the works and shall
include the legal personal representative of such individual or
the persons composing such firm or company, or the successors
of such firm or company and the permitted assignees of such
individual, firm or company.
(iv) The Vice-Chancellor means the Vice-Chancellor, Jamia Millia
Islamia and his successors.
(v) The Engineer-in-Charge means the University Superintending
Engineer or in the absence of university Superintending
Engineer, the officiating University Superintending Engineer,
USE shall mean the University Superintending Engineer who
shall supervise and be in charge of the work and who shall sign
the contract on behalf of the Vice-Chancellor, Jamia Millia
Islamia as mentioned in Schedule 'F' hereunder. It shall also
mean the project Engineer or such other person authorised by
the employer.

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General Rules

(vi) Jamia Millia Islamia shall mean the Vice-Chancellor of Jamia


Millia Islamia.
(vii) The Registrar, means the Registrar of Jamia Millia Islamia.
JMI shall mean the Jamia Millia Islamia.
(viii) Government shall mean the Central Govt./ Govt. of India.
(ix) Accepting Authority shall mean the authority mentioned in
Schedule F.
(x) CPWD shall mean Central Public Works Department,
Government of India.
(xi) The Professor Incharge, shall mean a Professor appointed by
Vice Chancellor, Jamia Millia Islamia to look the Building and
Contruction Department.
(xii) Excepted Risk are risks due to riots (other than those on account
of contractors employees), war (whether declared or not)
invasion, act of foreign enemies, hostilities, civil war, rebellion
revolution, insurrection, military or usurped power, any acts
of Government, damages from aircraft, acts of God, such as
earthquake, lightening and unprecedented floods, and other
causes over which the contractor has no control and accepted
as such by the Accepting Authority or causes solely due to use
or occupation by Jamia Millia Islamia /Government of the part
of the works in respect of which a certificate of completion has
been issued or a cause solely due to Jamia Millia Islamia/
Governments faulty design of works.
(xiii) Market Rate shall be the rate as decided by the Engineer in-
Charge on the basis of the cost of materials and labour at the
site where the work is to be executed plus the percentage
mentioned in Schedule F to cover, all overheads and profits.
(xiv) Schedule(s) referred to in these conditions shall mean the
relevant schedule(s) annexed to the tender papers or the
Standard Schedule of Rates of the government mentioned in
Schedule F hereunder, with the amendments thereto issued
upto the date of receipt of the tender.
(xv) District Specifications means the specifications followed by the
State Government in the area where the work is to be executed.
(xvi) Tendered Value means the value of the entire work as
stipulated in the letter of award.

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General Rules

(xvii) Date of Commencement of Work: The date of commencement


of work shall be the date of start as specified in schedule F or
the first date of handing over of the site, whichever is later, in
accordance with the phasing if any, as indicated in the tender
document.
3. Where the context so requires, words imparting the singular only also Scope and
include the plural and vice versa. Any reference to masculine gender Performance
shall whenever required include feminine gender and vice versa.
4. Headings and Marginal notes to these General Conditions of Contract
shall not be deemed to form part thereof or be taken into consideration
in the interpretation or construction thereof or of the contract.
5. The contractor shall be furnished, free of cost one certified copy of the
contract documents except standard specifications, Schedule of Rates and
such other printed and published documents, together with all drawings
as may be forming part of the tender papers. None of these documents
shall be used for any purpose other than that of this contract.
6. The work to be carried out under the contract shall, except as Works to be
otherwise provided in these conditions, include all labour, materials, Carried out
tools, plants, equipment and transport which may be required in
preparation of and for and in the full and entire execution and
completion of works. The descriptions given in the Schedule of
Quantities (Schedule A) shall, unless otherwise stated, be held to
include wastage on materials, carriage and cartage, carrying and
return of empties, hoisting, setting, fitting and fixing in position and
all other labours necessary in and for the full and entire execution and
completion of the work as aforesaid in accordance with good practice
and recognized principles.
7. The contractor shall be deemed to have satisfied himself before Sufficiency of
tendering as to the correctness and sufficiency of his tender for the Tender
works and of the rates and prices quoted in the Schedule of
Quantities, which rates and prices shall, except as otherwise provided,
cover all his obligations under the Contract and all matters and things
necessary for the proper completion and maintenance of the works.
8. The several documents forming the Contract to be taken as mutually Discrepancies
explanatory of one another, detailed drawings being followed in and Adjustment
preference to small scale drawing and figured dimensions in preference of Errors
to scale and special conditions in preference to General Conditions.
8.1 In the case of discrepancy between the Schedules of Quantities, the
Specifications and/or the drawing, the following order of preference

13
General Rules

shall be observed:
i) Description of schedule of quantities.
ii) Particular specification and special conditions, if any.
iii) Drawings.
iv) CPWD specifications
v) Indian Standard Specifications of B.I.S.
8.2 If there are varying or conflicting provisions made in any one
document forming part of the contract, the Accepting Authority shall
be the deciding authority with regard to the intention of the document
and his decision shall be final and binding on the Contractor.

8.3 Any error in description, quantity or rate in schedule of quantities or


any omission therefrom shall not vitiate the Contract or release the
Contractor from the execution of the whole or any part of the works
comprised therein according to drawings and specifications or from
any of his obligations under the contract.
Signing of 9. The successful tender/ contractor, on acceptance of his tender by the
Contract Accepting Authority, shall within 15 days from the stipulted date of
start of the work, sign the contract consisting of :
(i) The notice inviting tender, all the documents including
drawings, if any, forming the tender as issued at the time of
invitaiton of tender and acceptance thereof together with any
correspondence leading thereto.
(ii) Standard CPWD. Form as mentioned in Schedule F consisting
of:
(a) Various standard clauses with corrections upto the date
stipulated in Schedule F alongwith annexures thereto.
(b) CPWD. Safety Code.
(c) CPWD Model Rules for the protection of health, sanitary
arrangements for workers employed by Jamia Millia
Islamia or its contractors.
(d) CPWD Contractors Labour Regulations.
(e) List of Acts and omissions for which fines can be imposed.
(iii) No payment for the work done will be made unless contract is
signed by the contractor.

14
CLAUSES OF CONTRACT

CLAUSE 1
(i) The contractor shall submit an irrevocable Performance Guarantee of Performance
5% (Five Percent) of the tendered amount in addition to other deposits Guarantee
mentioned elsewhere in the contract for his proper performance of the
contract agreement, (notwithstanding and/or without prejudice to any
other provisions in the contract) within period specified in Schedule
F, from the date of issue of letter of acceptance. This period can be
further extended by the Engineer -in- Charge upto a maximum period
as specified in Schedule F on written request of the contractor stating
the reason for delays in procuring the Performance Guarantee, to the
satisfaction of the Engineer-in-Charge. This guarantee shall be in the
form of demand draft of any scheduled Bank/Pay Order of any
Scheduled Bank.

(ii) A letter of intent shall be issued in the first instance informing the
successful tenderer for the decision of the competent authority to
accept his tender and the award letter shall be issued only after the
performance guarantee in the shape of Demand Draft of any
scheduled Bank/Pay Order of any scheduled Bank is received. In case
of failure by the contractor to furnish the performance guarantee
within the specified period, Jamia Millia Islamia shall without
prejudice to any other right or remedy available in law, be at liberty
to forfeit the earnest money absolutely.

(iii) The performance guarantee shall be initially valid upto the stipulated
date of completion plus 60 days beyond that. After recording of the
completion certificate for the work by the competent authority, the
performance guarantee shall be returned to the contractor, without any
interest.

(iv) The Engineer -in- Charge shall not make a claim under the
performance guarantee except for amounts to which the Vice
Chancellor, Jamia Millia Islamia is entitled under the contract
(notwithstanding and/or without prejudice to any other provision in
the contract agreement) in the event of:

a) Failure by the contractor to pay Vice Chancellor, Jamia Millia


Islamia any amount due, either as agreed by the contractor or
determined under any of the Clauses/Conditions of the

15
Clauses of Contract

Agreement, within 30 days of the service of notice to this effect


by Engineer -in- Charge.
(v) In the event of the contract being determined or rescinded under
provisions of any of the Clause/Condition of the agreement, the
performance guarantee shall stand forfeited in full and shall be
absolutely at the disposal of the Vice Chancellor, Jamia Millia Islamia.

CLAUSE 1A
Recovery of The person/ persons whose tender(s) may be accepted (hereinafter called
Security Deposit the Contractor) shall permit Jamia Millia Islamia, at the time of making any
payment to him for work done under the contract to deduct a sum at the
rate of 10% of the gross amount of each running and final bill till the sum
along with the sum already deposited as earnest money, will amount to
security deposit of 5% of the tendered value of the work. Such deductions
will be made and held by Jamia Millia Islamia by way of Security Deposit.

All compensations or the other sums of money payable by the contractor


under the terms of this contract may be deducted from, or paid by the sale
of a sufficient part of his security deposit or from any sums which may be
due to or may become due to the contractor by Jamia Millia Islamia on any
account whatsoever and in the event of his Security Deposit being reduced
by reason of any such deductions or sale as aforesaid, the contractor shall
within 10 days make good in cash or Demand Draft of any scheduled Banks
in favour of the Registrar, Jamia Millia Islamia, any sum or sums which
may have been deducted from, or raised by sale of his security deposit or
any part thereof.

The security deposit shall be collected from the running bills and the final
bill of the contractor at the rates mentioned above and the Earnest Money
deposited at the time of tenders will be treated a part of the Security
Deposit. Earnest Money shall be adjusted first in the security deposit and
further recovery of security deposit shall commence only when the
uptodate amount of security deposit starts exceeding the amount of the
Earnest Money.

CLAUSE 2
If the contractor fails to maintain the required progress in terms of clause
Compensation 5 or to complete the work and clear the site on or before the contract or
for delay extended date of completion, he shall, without prejudice to any other right

16
Clauses of Contract

or remedy available under the law to the Jamia Millia Islamia on account
of such breach, pay as agreed compensation the amount calculated at the
rates stipulated below as the Engineer -in- Charge (whose decision in
writing shall be final and binding) may decide on the amount of tendered
value of the work for every completed day/month (as applicable) that the
progress remains below that specified in Clause 5 or that the work remains
incomplete.

This will also apply to items or group of items for which a separate period
of completion has been specified.
(i) Compensation for @ 1.5% per month of delay to be
delay of work : computed on per day basis.
Provided always that the total amount of compensation for delay to be paid
under this Condition shall not exceed 10% of the Tendered Value of work
or of the Tendered Value of the item or group of items of work for which
a separate period of completion is originally given.

The amount of compensation may be adjusted or set-off against any sum


payable to the Contractor under this or any other contract with the Jamia
Millia Islamia. In case, the contractor does not achieve a particular milestone
mentioned in schedule-F, or the rescheduled milestone(s) in terms of Clause
5.4, the amount shown against that milestone shall be withheld, to be
adjusted against the compensation levied at the final grant of Extension of
Time. Withholding of this amount on failure to achieve a milestone, shall
be automatic without any notice to the contractor. However, if the contractor
catches up with the progress of work on the subsequent milestone(s), the
withheld amount shall be released. In case the contractor fails to make up
for the delay in subsequent milestone(s), amount mentioned against each
milestone missed subsequently also shall be withheld. However, no
interest, whatsoever, shall be payable on such withheld amount.

CLAUSE 2A
This clause is not applicable in all works being executed in Jamia Millia
Islamia.

CLAUSE 3
Subject to other provisions contained in this clause, the Engineer -in- When contract
Charge may, without prejudice to his any other rights or remedy against can be
the contractor in respect of any delay, inferior workmanship, any claims determined
for damages and/or any other provisions of this contract or otherwise, and

17
Clauses of Contract

whether the date of completion has or has not elapsed, by notice in writing
absolutely determine the contract in any of the following cases:

(i) If the contractor is having been given by the Engineer -in- Charge
a notice in writing to rectify, reconstruct or replace any defective
work or that the work is being performed in an inefficient or
otherwise improper or unworkmanlike manner shall omit to
comply with the requirement of such notice for a period of seven
days thereafter.

(ii) If the contractor has, without reasonable cause, suspended the


progress of the work or has failed to proceed with the work with due
diligence so that in the opinion of the Engineer -in- Charge (which
shall be final and binding) he will be unable to secure completion of
the work by the date for completion and continues to do so after a
notice in writing of seven day from the Engineer -in- Charge.

(iii) If the contractor fails to complete the work within the stipulated date
or items of work with individual date of completion, if any stipulated,
on or before such date(s) of completion and does not complete them
within the period specified in a notice given in writing in that behalf
by the Engineer -in- Charge.

(iv) If the contractor persistently neglects to carry out his obligations under
the contract and/or commits default in complying with any of the
terms and conditions of the contract and does not remedy it or take
effective steps to remedy it within 7 days after a notice in writing is
given to him in that behalf by the Engineer-in-Charge.

(v) If the contractor shall offer or give or agree to give to any person in
Jamia Millia Islamia service or to any other person on his behalf any
gift or consideration of any kind as an inducement or reward for doing
or forbearing to do or for having done or forborne to do any act in
relation to the obtaining or execution of this or any other contract for
Jamia Millia Islamia.

(vi) If the contractor shall enter into a contract with Jamia Millia Islamia
in connection with which commission has been paid or agreed to be
paid by him or to his knowledge, unless the particulars of any such
commission and the terms of payment thereof have been previously
disclosed in writing to the Engineer -in- Charge.

18
Clauses of Contract

(vii) If the contractor had secured the contract with Jamia Millia Islamia as
a result of wrong tendering or other non-bonafide methods of
competitive tendering or commits breach of integrity Agreement.
(viii) If the contractor being an individual, or if a firm, any partner thereof
shall at any time be adjudged insolvent or have a receiving order or
order for administration of his estate made against him or shall take
any proceedings for liquidation or composition (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction) under
any Insolvency Act for the time being in force or make any conveyance
or assignment of his effects or composition or arrangement for the
benefit of his creditors or purport so to do, or if any application be
made under any Insolvency Act for the time being in force for the
sequestration of his estate or if a trust deed be executed by him for
benefit of his creditors.
(ix) If the contractor being a company shall pass a resolution or the court
shall make an order that the company shall be wound up or if a
receiver or a manager on behalf of a creditor shall be appointed or if
circumstances shall arise which entitle the court or the creditor to
appoint a receiver or a manager or which entitle the court to make a
winding up order.
(x) If the contractor commits any acts mentioned in clause 21 hereof.
(xi) If the contractor shall suffer an execution being levied on his goods
and allow it to be continued for a period of 21 days.
(xii) If the contractor assigns, transfers, sublets (engagement of labour on
a piece-work basis or of labour with materials not to be incorporated
in the work, shall not be deemed to be subleting) or otherwise parts
with or attempts to assign, transfer, sublet or otherwise parts with the
entire works or any portion thereof without prior written approval
of the Engineer -in- Charge.
When the contractor has made himself liable for action under any of
the cases aforesaid, the Engineer -in- Charge on behalf of the Vice-
Chancellor, Jamia Millia Islamia shall have powers:
a) To determine the contract as aforesaid (of which termination notice
in writing to the contractor under the hand of Engineer -in- Charge
shall be conclusive evidence). Upon such determination, the
Earnest Money Deposit, security deposit already recovered and
Performance Guarantee under the contract shall be liable to be

19
Clauses of Contract

forfeited and shall be absolutely at the disposal of the Jamia Millia


Islamia.
b) After giving notice to the contractor to measure up the work
of the contractor and to take such whole, or the balance or part
thereof, as shall be un-executed out of his hands and to give it
to another contractor to complete the work. The contractor,
whose contract is determined as above, shall not be allowed
to participate in the tendering process for the balance work.
In the event of the above courses being adopted by the
Engineer-in-Charge, the contractor shall have no claim to
compensation for any loss sustained by him by reasons of his
having purchase or procured any materials or entered into any
engagements or made any advances on account or with a view to
the execution of the work or the performance of the contract. And
in case action is taken under any of the provision aforesaid, the
contractor shall not be entitled to recover or be paid any sum for
any work thereof or actually performed under this contract unless
and until the Engineer -in- Charge has certified in writing the
performance of such work and the value payable in respect thereof
and he shall only be entitled to be paid the value so certified.
(xiii) If the work is not started by the contractor within 1/8th of the
stipulated time.

CLAUSE 3A
In case, the work cannot be started due to reasons not within the control of
the contractor within 1/8th of the stipulated time for completion of work
or one month whichever is either party may close the contract. In case
contractor wants to close the contract, he shall give notice to the department
stating the failure on the part of department. In such eventuality the more
Performance Guarantee of the contractor shall be refunded, but no payment
on account of interest, loss of profit or damages etc. shall be payable at all.

CLAUSE 4
Contractor liable to In any case in which any of the powers conferred upon the Engineer -in-
pay compensation Charge by clause 3 thereof, shall have become exercisable and the same
even if action not
taken under Clause-
are not exercised, the non exercise thereof shall not constitute a waiver of
3. Power to take pos- any of the conditions hereof and such powers shall notwithstanding be
session of or require exercisable in the event of any future case of default by the contractor and
removal of or sell the liability of the contractor for compensation shall remain unaffected. In
contractors plant. the event of the Engineer -in- Charge putting in force all or any of the

20
Clauses of Contract

powers vested in him under the preceding clause he may, if he so desires


after giving a notice in writing to the contractor, take possession of (or at
the sole discretion of the Engineer -in- Charge which shall be final and
binding on the contractor) use as on hire (the amount of the hire money
being also in the final determination of the Engineer-in-Charge) all or any
tools plants, materials and stores, in or upon the works, or the site thereof
belonging to the contractor, or procured by the contractor and intended to
be used for the execution of the work/or any part thereof, paying or
allowing for the same in account at the contract rates or, in the case of these
not being applicable, at current market rates to be certified by the Engineer
-in- Charge, whose certificate thereof shall be final and binding on the
contractor, clerk of the works, foreman or other authorized agent to remove
such tools, plants, materials, or stores from the premises (within a time to
be specified in such notice) in the event of the contractor failing to comply
with any such requisition, the Engineer -in- Charge may remove them at
the contractors expense or sell them by auction or private sale on account
of the contractor and his risk in all respects and the certificate of the
Engineer -in- Charge as to the expenses of any such removal and the amount
of the proceeds and expenses of any such sale shall be final and conclusive
against the contractor.

CLAUSE 5
If the contractor shall desire an extension of time for completion of the work Time and
on the grounds of this having been unavoidably hindered in his execution extension for
or on any other ground he shall apply in writing to the University delay
Superintending Engineer within 30 days of the date of hindrance on account
of which he desires such extension as aforesaid, and the University
Superintending Engineer shall, if in his opinion (which shall be final)
reasonable grounds be shown therefore, authorize such extension of time,
if any, as may, in his opinion, be necessary or proper.

The time allowed for execution of the works as specified in the


Schedule F or the extended time in accordance with these conditions shall
be the essence of the contract. The execution of the works shall commence
from the 15th day or such time period as mentioned in letter of Award after
the date on which the Engineer -in- Charge issues written orders to
commence the work or from the date of handing over of the site whichever
is later. If the contractor commits default in commencing the execution of
the work as aforesaid, Jamia Millia Islamia shall without prejudice to any
other right or remedy available in law, be at liberty to forfeit the earnest
money and performance guarantee absolutely.

21
Clauses of Contract

5.1 As soon as possible after the contract is concluded, the Contractor


shall submit a time and progress Chart for each milestone and get it
approved by the Department. The chart shall be prepared in direct
relation to the time stated in the Contract documents for completion
of items of the works. It shall indicate the forecast of the dates of
commencement and completion of various trades of sections of the
work and may be amended as necessary by agreement between the
Engineer -in- Charge and the Contractor within the limitations of time
imposed in the Contract documents, and further to ensure good
progress during the execution of the work, the contractor shall in all
cases in which the time allowed for any work, exceeds one month (save
for special jobs for which a separate programme has been agreed
upon) complete the work as per milestones given, in Schedule F.

5.2 If the work(s) be delayed by:


(i) force majeure, or
(ii) abnormally bad weather, or
(iii) serious loss or damage by fire, or
(iv) civil commotion, local commotion of workmen, strike or
lockout, affecting any of the trades employed on the work, or
(v) delay on the part of other contractors or tradesmen engaged by
Engineer -in- Charge in executing work not forming part of the
Contract, or
(vi) non-availability of stores, which are the responsibility of Jamia
Millia Islamia to supply, or
(vii) non-availability or break down of tools and Plant to be supplied
or supplied by Jamia Millia Islamia, or
(viii) any other cause which, in the absolute discretion of the
Engineer -in- Charge is beyond the Contractors control,
then upon the happening of any such event causing delay, the
Contractor shall immediately give notice thereof in writing to the authority
as indicated in Schedule 'F' but shall nevertheless use constantly his best
endeavors to prevent or make good the delay and shall do all that may be
resonably required to the satisfaction of the Engineer -in- Charge to proceed
the works.

5.3 Request for rescheduling of milestones and extension of time, to be


eligible for consideration, shall be made by the Contractor in writing

22
Clauses of Contract

within fourteen days of the happening of the event causing delay on


the prescribed form to the authority as indicated in Schedule 'F'. The
Contractor may also, if practicable, indicate in such a request the
period for which extension is desired.
5.4 In any such case the authority mentioned in Schedule F may give a
fair and reasonable extension of time and reschedule the milestones
for completion of work. Such extension or rescheduling of the
milestones shall be communicated to the Contractor by the authority
as indicated in Schedule 'F' in writing, within 3 months or 4 weeks of
the date of receipt of such request respectively. Non application by
the contractor for extension of time/ rescheduling of the
milestones.shall not be a bar for giving a fair and reasonable
extension/ rescheduling of the milestones by the authority as
indicated in Schedule 'F' and this shall be binding on the contractor.

CLAUSE 6
Engineer -in- Charge shall, except as otherwise provided, ascertain and
determine by measurement, the value in accordance with the contract of Measurement of
work done. work done
All meausrement of all items having financial value shall be entered in
Measurement Book and/or level field book so that a complete record is
obtained of all works performed under the contract.
All measurements and levels shall be taken jointly by the Engineer -in-
Charge or his authorised representative and by the contractor or his
authorised representative from time to time during the progress of the work
and such measurements shall be signed and dated by the Engineer -in-
Charge and the contractor or their representatives in token of their acceptance.
If the contractor objects to any of the measurements recorded, a note shall be
made to that effect with reason and signed by both the parties.
If for any reason the contractor or his authorised representative is not
available and the work of recording measurements is suspended by the
Engineer -in- Charge or his representative, the Engineer -in- Charge and
the Department shall not entertain any claim from contractor for any loss
or damages on this account. If the contractor or his authorised representative
does not remain present at the time of such measurements after the
contractor or his authorised representative has been given a notice in
writing three (3) days in advance or fails to countersign or to record
objection within a week from the date of the measurement, then such
measurements recorded in his absence by the Engineer -in- Charge or his
representative shall be deemed to be accepted by the Contractor.

23
Clauses of Contract

The contractor shall, without extra charge, provide all assistance with every
appliance, labour and other things necessary for measurements and
recording levels.
Except where any general or detailed description of the work expressly
shows to the contrary, measurements shall be taken in accordance with the
procedure set forth in the specifications notwithstanding any provision in
the relevant Standard Method of measurement or any general or local
custom. In the case of items which are not covered by specifications,
measurements shall be taken in accordance with the relevant standard
method of measurement issued by the Bureau of Indian Standards and if
for any item no such standard is available, then a mutually agreed method
shall be followed.
The contractor shall give, not less than seven days notice to the Engineer
Notice to be -in- Charge or his authorised representative incharge of the work, before
given before covering up or otherwise placing beyond the reach of measurement any
work is covered work in order that the same may be measured and correct dimensions
up thereof be taken before the same is covered up or placed beyond the reach
of measurement and shall not cover up and place beyond reach of
measurement any work without consent in writing of the Engineer -in-
Charge or his authorised representative incharge of the work who shall
within the aforesaid period of seven days inspect the work, and if any work
shall be covered up or placed beyond the reach of measurements without
such notice having been given or the Engineer -in- Charges consent being
obtained in writing, the same shall be uncovered at the Contractors expense,
or in default thereof no payment or allowance shall be made for such work
or the materials with which the same was executed.
Engineer -in- Charge or his authorised representative may cause either
themselves or through another officer of the department to check the
measurements recorded jointly or otherwise as aforesaid and all
provisions stipulated herein above shall be applicable to such checking of
measurements or levels.
It is also a term of this contract that recording of measurements of any item
of work in the measurement book and/or its payment in the interim, on
account or final bill shall not be considered as conclusive evidence as to
the sufficiency of any work or material to which it relates nor shall it relieve
the contractor from liabilities from any over measurement or defects noticed
till completion of the defects liability period.

CLAUSE 6A
This clause is not applicable presently in JMI.

24
Clauses of Contract

CLAUSE 7
No payment shall be made for work, estimated to cost Rupees Twenty Payment on
Thousand or less till after the whole of the work shall have been completed Intermediate
and certificate of completion given. For works estimated to cost over Rupees Certificate to
Twenty Thousand, the interim or running account bills shall be submitted be Regarded
by the contractor for the work executed on the basis of such recorded as Advances
measurements on the format of the Department in triplicate on or before
the date of every month fixed for the same by the Engineer -in- Charge.
The contractor shall not be entitled to be paid any such interim payment if
the gross work done together with net payment/ adjustment of advances
for material collected, if any, since the last such payment is less than the
amount specified in Schedule F, in which case the interim bill shall be
prepared on the appointed date of the month after the requisite progress
is achieved. Engineer -in- Charge shall arrange to have the bill verified by
taking or causing to be taken, where necessary, the requisite measurements
of the work. In the event of the failure of the contractor to submit the bills,
Engineer -in- Charge shall prepare or cause to be prepared such bills in
which event no claims whatsoever due to delays on payment including that
of interest shall be payable to the contractor. Payment on account of amount
admissible shall be made by the Engineer -in- Charge certifying the sum
to which the contractor is considered entitled by way of interim payment
at such rates as decided by the Engineer -in- Charge. The amount
admissible shall be paid by 10th working day after the day of presentation
of the bill by the Contractor to the Engineer -in- Charge or his Asstt.
Executive Engineer/ Asstt. Engineer together with the account of the
material issued by department, or dismantled materials, if any.
All such interim payments shall be regarded as payment by way of
advances against final payment only and shall not preclude the requiring
of bad, unsound and imperfect or unskilled work to be rejected, removed,
taken away and reconstructed or re-erected. Any certificate given by the
Engineer -in- Charge relating to the work done or materials delivered
forming part of such payment, may be modified or corrected by any
subsequent such certificate(s) or by the final certificate and shall not by itself
be conclusive evidence that any work or materials to which it relates is/
are in accordance with the contract and specifications. Any such interim
payment, or any part thereof shall not in any respect conclude, determine
or affect in any way powers of the Engineer -in- Charge under the contract
or any of such payments be treated as final settlement and adjustment of
accounts or in any way vary or affect the contract.

25
Clauses of Contract

Pending consideration of extension of date of completion, interim


payments shall continue to be made as herein provided without prejudice
to the right of the department to take action under the terms of this contract
for delay in the completion of work, if the extension of date of completion
is not granted by the competent authority.
The Engineer -in- Charge in his sole discretion on the basis of a certificate
from the Asstt. Executive Engineer/Asstt. Engineer to the effect that the
work has been completed upto the level in question make interim advance
payments without detailed measurements for work done (other than
foundations, items to be covered under finishing items) upto lintel level
(including sunshade etc.) and slab level, for each floor working out at 75%
of the assessed value. The advance payments so allowed shall be adjusted
in the subsequent interim bill by taking detailed measurements thereof.

CLAUSE 7(I)
The Contractor shall submit all bills on the format of the Department in
triplicate and the charges in the bills shall always be entered at the rates
specified in the tender or in the case of any extra work ordered in pursuance
of these conditions and not mentioned or provide for in tender at rates
hereinafter provided for such work.

CLAUSE 7(II)
Bill to be A bill shall be submitted by the contractor each month on or before the date
submitted fixed by the Engineer -in- Charge for all works executed in the previous
monthly month and the Engineer -in- Charge shall take or cause to be taken the
requisite measurement for the purpose of having the same verified and the
claim, as far as admissible, adjusted as far as possible, before the expiry of
ten days from the presentation of bill.
If the contractor does not submit the bill within the time fixed as aforesaid
the Engineer -in- Charge may depute within seven days of the date fixed
as aforesaid, a subordinate to measure up the said work in the presence of
the contractor whose countersign to the measurement list will be sufficient
warrant and the Engineer -in- Charge may prepare a bill from such list.

CLAUSE 8
Completion Within ten days of the completion of the work, the contractor shall give
Certificate and notice of such completion to the Engineer -in- Charge and within thirty days
Completion of the receipt of such notice, the Engineer -in- Charge shall inspect the work
Plans and if there is no defect in the work, shall furnish the contractor with a final

26
Clauses of Contract

certificate of completion, otherwise a provisional certificate of physical


completion indicating defects (a) to be rectified by the contractor and/or
(b) for which payment will be made at reduced rates, shall be issued. But
no final certificate of completion shall be issued, nor shall the work be
considered to be complete until the contractor shall have removed from
the premises on which the work shall be executed all scaffolding, surplus
materials, rubbish and all huts and sanitary arrangements required for his/
their work people on the site in connection with the execution of the works
as shall have been erected or constructed by the contractor(s) and cleaned
off the dirt from all wood work, doors, windows, walls, floor or other parts
of any building, in, upon or about which the work is to be executed or of
which he may have had possession for the purpose of the execution;
thereof, and not until the work shall have been measured by the Engineer
-in- Charge. If the contractor shall fail to comply with the requirements of
this Clause as to the removal of scaffolding, surplus materials and rubbish
and all huts and sanitary arrangements as aforesaid and cleaning off dirt
on or before the date fixed for the completion of the work, the Engineer -
in- Charge may at the expense of the contractor remove such scaffolding,
surplus materials and rubbish etc., and dispose off the same as he thinks
fit and clean off such dirt as aforesaid, and the contractor shall have no
claim in respect of scaffolding or surplus materials as aforesaid except for
any sum actually realized by the sale thereof.
Before taking any measurement of any works as has been referred to in Contractor to be
Clauses 6, 7 and 8 thereof, the Engineer -in- Charge or a subordinate given two week
deputed by him shall give reasonable notice to the contractor. If the to file objections
contractor fails to attend at the measurements after such notice or fails to to the
countersign or to record the difference within a week from the date of measurement
measurement in the manner required by the Engineer -in- Charge then in recorded by the
any such event the measurements taken by the Engineer -in- Charge or by Department
the subordinate deputed by him, as the case may be, shall be final and
binding on the contractor and the contractor shall have no right to dispute
the same.

CLAUSE 8A
When the annual repairs and maintenance works are carried out, the Contractor to
splashes and droppings from white washing, colour washing, painting etc., keep site clean
on walls, floor, doors, windows, etc. shall be removed and the surface
cleaned simultaneously with the completion of these items of work in the
individual rooms, quarters or premises etc., where the work is done
without waiting for the actual completion of all the other items of work in

27
Clauses of Contract

the contract. In case the contractor fails to comply with the requirements of
this clause, the Engineer -in- Charge shall have the right to get this work
done at the cost of the contractor either departmentally or through any other
agency. Before taking such action, the Engineer -in- Charge shall give ten
days notice in writing to the contractor.

CLAUSE 8B
Completion The contractor shall submit completion plan as required vide General
plans to be Specifications for Electrical Works (Part-I internal) 2013/2005 as applicable
submitted by the within thirty days of the completion of the work.
Contractor
In case, the contractor fails to submit the completion plan as aforesaid, he
shall be liable to pay a sum equivalent to 2.5% of the value of the work
subject to a ceiling of Rs. 15,000 (Rupees Fifteen Thousand only) as may
be fixed by the University Superintending Engineer concerned and in this
respect the decision of the University Superintending Engineer shall be final
and binding on the contractor.

The contractor shall submit completion plan for water, sewerage and
drainage line plan within thirty days of the completion of the work.

In case, the contractor fails to submit the completion plan as aforesaid, the
department will get it done through other agency at his cost and actual
expenses incurred plus Rs. 15,000/- for the same shall be recovered from
the contractor.

CLAUSE 9
Payment of The final bill shall be submitted by the contractor in the same manner as
Final Bill specified in interim bills within three months of physical completion of the
work or within one month of the date of the final certificate of completion
furnished by the Engineer -in- Charge whichever is earlier. No further
claims shall be made by the contractor after submission of the final bill and
these shall be deemed to have been waived and extinguished. Payments
of those items of the bill in respect of which there is no dispute and of items
in dispute, for quantities and rates as approved by Engineer -in- Charge,
will, as far as possible be made within the period specified hereinunder,
the period being reckoned from the date of receipt of the bill by the
Engineer -in- Charge or his authorised Asstt. Executive Engineer/ Asstt.
Engineer, complete with account of materials issued by the Department and
dismantled materials.

28
Clauses of Contract

(i) If the Tendered value of work is upto (Rs. 25 lakhs) : 3 months


(ii) If the Tendered value of work exceeds (Rs. 25 lakhs) : 6 months

CLAUSE 9A
Payments due to the contractor may, if so desired by him, be made to his Payment of
bank instead of direct to him provided that the contractor furnishes to the Contractors Bills
Engineer -in- Charge (1) an authorization in the form of a legally valid to Banks
document such as power of attorney conferring authority on the bank to
receive payment and (2) his own acceptance of the correctness of the amount
made out as being due to him by University or his signature on the bill or
other claim preferred against University before settlement by the Engineer
-in- Charge of the account or claim by payment to the bank. While the receipt
given by such bank shall constitute a full and sufficient discharge for the
payment, the contractor shall, wherever possible present his bills duly
receipted and discharged through his bank.
Nothing herein contained shall operate to create in favour of the bank any
rights or equities vis--vis the Vice Chancellor, Jamia Millia Islamia.

CLAUSE 10
Materials, which Jamia Millia Islamia will supply are shown in Schedule Materials
B which also stipulates quantum, place of issue and rate(s) to be charged supplied by
in respect thereof. The contractor shall be bound to procure them from the Jamia Millia
Engineer-in-Charge. Islamia

As soon as the work is awarded, the contractor shall finalise the programme
for the completion of work as per clause 5 of this contract and shall give
his estimates of materials required on the basis of drawings/or schedule
of quantities of the work. The contractor shall give in writing his
requirement to the Engineer -in- Charge which shall be issued to him
keeping in view the progress of work as assessed by the Engineer-in-
Charge, in accordance with the agreed phased programme of work
indicating monthly requirements of various materials. The contractor shall
place his indent in writing for issue of such materials at least 7 days in
advance of his requirement.

Such materials shall be supplied for the purpose of the contract only and
the values of the materials so supplied at the rates specified in the aforesaid
schedule shall be set of or deducted, as and when materials are consumed
in items of work (including normal wastage) for which payment is being
made to the contractor, from any sum then due or which may therefore

29
Clauses of Contract

become due to the contractor under the contract or otherwise or from the
security deposit. At the time of submission of bills the contractor shall
certify that balances of materials supplied is available at site in original
good condition.

The contractor shall submit along with every running bill (on account or
interim bill) material-wise reconciliation statements supported by complete
calculations reconciling total issue, total consumption and certified balance
(diameter/section-wise in the case of steel) and resulting variations and
reasons therefore. Engineer -in- Charge shall (whose decision shall be final
and binding on the contractor) be within his rights to follow the procedure
of recovery in clause 42 at any stage of the work if reconciliation is not
found to be satisfactory.

The contractor shall bear the cost of getting the material issued, loading,
transporting to site, unloading, storing under cover as required, cutting
assembling and joining the several parts together as necessary.
Notwithstanding anything to the contrary contained in any other clause of
the contract and/ (or the CPWA Code) all stores/materials so supplied to
the contractor or procured with the assistance of the Jamia Millia Islamia
shall remain the absolute property of Jamia Millia Islamia and the
contractor shall be the trustee of the stores/materials, and the said stores/
materials shall not be removed/disposed off from the site of the work on
any account and shall be all times open to inspection by the Engineer -in-
Charge or his authorised agent. Any such stores/ materials remaining
unused shall be returned to the Engineer -in- Charge in as good condition
in which they were originally supplied at a place directed by him, at a place
of issue or any other place specified by him as he shall require, but in case
it is decided not to take back the stores/materials the contractor shall have
not claim for compensation on any account of such stores/ materials so
supplied to him as aforesaid and not used by him or for any wastage in or
damage to in such stores/materials.

On being required to return the stores/materials, the contractor shall hand


over the stores/materials on being paid or credited such price as the
Engineer -in- Charge shall determine, having due regard to the condition
of the stores/materials. The price allowed for credit to the contractor,
however, shall be at the prevailing market rate not exceeding the amount
charged to him, excluding the storage charge, if any. The decision of the
Engineer -in- Charge shall be final and conclusive. In the event of breach
of the aforesaid condition, the contractor shall in addition to throwing
himself open to account for contravention of the terms of the licenses or

30
Clauses of Contract

permit and/or for criminal breach of trust, be liable to Jamia Millia Islamia
for all advantages or profits resulting or which in the usual course would
have resulted to him by reason of such breach. Provided that the contractor
shall in no case be entitled to any compensation or damages on account of
any delay in supply or non-supply thereof all or any such materials and
stores provided further that the contractor shall be bound to execute the
entire work if the materials are supplied by he Jamia Millia Islamia within
the original scheduled time for completion of the work plus 50% thereof
or schedule time plus 6 months whichever is more if the time of completion
of the work exceeds 12 months, but if a part of the materials only has been
supplied within the aforesaid period, then the contractor shall be bound
to do so much of the work as may be possible with the materials and stores
supplied in the aforesaid period. For the completion of rest of the work,
the contractor shall be entitled to such extension of time as may be
determined by the Engineer -in-Charge whose decision in this regard shall
be final and binding on the contractor.

The contractor shall see that only the required quantities of materials are
got issued. Any such material remaining unused and in perfectly good/
original condition at the time of completion or determination of the contract
shall be returned to the Engineer -in- Charge at the stores from which it
was issued or at a place directed by him by a notice in writing. The
contractor shall not be entitled for loading, transporting, unloading and
stocking of such unused material except for the extra lead, if any involved,
beyond the original place of issue.

CLAUSE 10A
The contractor shall, at his own expense, provide all materials, required Materials to be
for the works other than those which are stipulated to be supplied by the provided by the
Jamia Millia Islamia. Contractor

The contractor shall, at his own expense and without delay, supply to the
Engineer -in- Charge samples of materials to be used on the work and shall
get these approved in advance. All such materials to be provided by the
contractor shall be in conformity with the specifications laid down or
referred to in the contract. The contractor shall, if requested by the Engineer
-in- Charge furnish proof, to the satisfaction of the Engineer -in- Charge that
the materials so comply. The Engineer -in- Charge shall within thirty days
of supply of samples or within such further period as he may require
intimate to the contractor in writing whether samples are approved by him
or not. If samples are not approved, the contractor shall forthwith arrange

31
Clauses of Contract

to supply to the Engineer -in- Charge for his approval, fresh samples
complying with the specifications laid down in the contract. When
materials are required to be tested in accordance with specifications,
approval of the Engineer -in- Charge shall be issued after the test results
are received.

The contractor shall at his risk and cost submit the samples of materials to
be tested or analyzed and shall not make use of or incorporate in the work
any materials represented by the samples until the required tests or analysis
have been made and materials finally accepted by the Engineer-in-Charge.
The contractor shall not be eligible for any claim or compensation either
arising out of any delay in the work or due to any corrective measures
required to be taken on account of and as a result of testing of materials.

The contractor shall, at his risk and cost, make all arrangements and shall
provide all facilities as the Engineer -in- Charge may require for collecting,
and preparing the required number of samples for such tests at such time
and to such place or places as may be directed by the Engineer -in- Charge
and bear all charges and cost of testing unless specifically provided for
otherwise elsewhere in the contract or specifications. The Engineer -in-
Charge or his authorized representative shall at all times have access to
the works and to all workshops and places where work is being prepared
or from where materials, manufactured articles or machinery are being
obtained for the works and the contractor shall afford every facility and
every assistance in obtaining the right to such access.

The Engineer -in- Charge shall have full powers to require the removal from
the premises of all materials which in his opinion are not in accordance
with the specifications and in case of default the Engineer -in- Charge shall
be at liberty to employ at the expense of the contractor, other persons to
remove the same without being answerable or accountable for any loss or
damage that may happen or arise to such materials. The Engineer -in-
Charge shall also have full powers to require other proper materials to be
substituted thereof and in case of default, the Engineer -in- Charge may
cause the same to be supplied and all costs which may attend such removal
and substitution shall be borne by the contractor.

The contractor shall at his own expenses, provide a material testing lab at
the site for conducting routine field tests. The lab shall be quipped at least
with the testing equipment as specified in Schedule-F.

32
Clauses of Contract

CLAUSE 10B
The contractor, on signing an indenture in the form to be specified by the Secured
Engineer -in- Charge, shall be entitled to be paid during the progress of Advance on
the execution of the work upto 90% of the assessed value of any materials Non-perishable
which are in the opinion of the Engineer -in- Charge non-perishable, non- Materials
fragile and non-combustible and are in accordance with the contract and
which have been brought on the site in connection therewith and are
adequately stored and/or protected against damage by weather or other
causes but which have not at the time of advance been incorporated in the
works. When materials on account of which an advance has been made
under this sub-clause are incorporated in the work, the amount of such
advance shall be recovered/ deducted from the next payment made under
any of the clause or clauses of this contract.
Such secured advance shall also be payable on other items of perishable
nature, fragile and combustible with the approval of the Engineer -in-
Charge provided the contractor provides a comprehensive insurance cover
for the full cost of such materials. The decision of the Engineer -in- Charge
shall be final and binding on the contractor in this matter. No secured
advance, shall however, be paid on high-risk materials such as ordinary
glass, sand, petrol, diesel etc.

CLAUSE 10C
This Clause is not applicable in all works being executed in Jamia Millia
Islamia.

CLAUSE 10CA
This Clause is not applicable in all works being executed in Jamia Millia
Islamia.

CLAUSE 10CC
This Clause is not applicable in all works being executed in Jamia Millia
Islamia.

CLAUSE 10D
The contractor shall treat all materials obtained during dismantling of a Dismantled material
structure, excavation of the site for a work, etc. as Jamia Millia Islamias Jamia Millia Islamia
Property and such materials shall be disposed off to the best advantage of property

33
Clauses of Contract

Jamia Millia Islamia according to the instructions in writing issued by the


Engineer -in- Charge.

CLAUSE 11
Work to be The contractor shall execute the whole and every part of the work in the
executed in most substantial and workmanlike manner both as regards materials and
accordance with otherwise in every respect in strict accordance with the specifications. The
specifications, contractor shall also conform exactly, fully and faithfully to the designs,
drawing, orders drawings and instructions in writing in respect of the work signed by the
etc. Engineer -in- Charge and the contractor shall be furnished free of charge
one copy of the contract documents together with the specifications designs,
drawings and instructions as are not included in the standard specifications
of Central Public Works Department specified in Schedule-F or any Bureau
of Indian Standard or any other, published standard or code or Schedule
of Rates or any other printed publication referred to elsewhere in the
contract.

The contractor shall comply with the provisions of the contract and with
the care and diligence execute and maintain the works and provide all
labour and materials, tools and plants including for measurements and
supervision of all works, structural plans and other things of temporary
or permanent nature required for such execution and maintenance in so
far as the necessity for providing these, is specified or is reasonably inferred
from the contract. The Contractor shall take full responsibility for adequacy,
suitability and safety of all the works and methods of construction.

CLAUSE 12
Deviations / The Engineer -in- Charge shall have power
variations extent
and pricing (i) to make alteration in, omissions from, additions to or substitutions
for the original specifications, drawings, designs and instructions, that
may appear to him to be necessary or advisable during the progress
of the work, and

(ii) to omit a part of the works in case of non availability of a portion of


site or for any other reasons and the contractor shall be bound to carry
out the works in accordance with any instructions given to him in
writing signed by the Engineer -in- Charge, and such alterations,
omissions, additions or substitutions shall form part of contract as if
originally provided therein and any altered, additional or substituted

34
Clauses of Contract

work which the contractor may be directed to do in the manner


specified above as part of the works, shall be carried out by the
contractor on the same conditions in all respects including price on
which he agreed to do the main work except as hereafter provided.

The completion cost of any agreement for maintenance works


including works of upgradation, aesthetic, special repair, addition/
alteration shall not exceed 1.25 times of Tendered amount.

CLAUSE 12.1
The time for completion of the works shall, in the event of any deviations
resulting in additional cost over the tendered value sum being ordered,
be extended, if required by the contractor, as follows:
(i) In the proportion which the additional cost of the altered, additional
or substituted work, bears to the original tendered value plus.
(ii) 25% of the time calculated in (i) above or such further additional time
as may be considered reasonable by the Engineer-in-Charge.

CLAUSE 12.2
In case of extra item(s) (items that are completely new, and are in addition Deviation, Extra
to the items contained in the contract) the contractor may within fifteen days items & Pricing
of receipt of order or occurrence of the item(s) claim rates, supported by
proper analysis, for the work and the Engineer -in- Charge shall within one
month of the receipt of the claims supported by analysis, after giving
consideration to the analysis of the rates submitted by the contractor,
determine the rates on the basis of the market rates and the contractor shall
be paid in accordance with the rates so determined.

In the case of substituted items, (items that are taken up with partial Deviation,
substitution or in lieu of work in the contract) the rate for the agreement Substituted
item (to be substituted) and substituted item shall also be determined in items, Pricing
the manner as mentioned in the following para.

a) If the market rate for the substituted item so determined is more that
the market rate of the agreement item (to be substituted), the rate
payable to the contractor for the substituted item shall be the rate for
the agreement item (to be substituted) so increased to the extent of
the difference between the market rates of substituted item and the
agreement item (to be substituted).

35
Clauses of Contract

b) If the market rate for the substituted item so determined is less than
the market rate of the agreement item (to be substituted), the rate
payable to the contractor for the substituted item shall be the rate for
the agreement item (to be substituted) so decreased to the extent of
the difference between the market rates of substituted item and the
agreement item (to be substituted).

Deviation, In the case of contract items, substituted items, contract cum substituted
Deviated items, which exceed the limits laid down in Schedule F, the contractor may
Quantities, within fifteen days of receipt of order or occurrence of the excess, claim
Pricing revision of the rates, supported by proper analysis, for the work in excess
of the above-mentioned limits, provided that if the rates so claimed are in
excess of the rates specified in the schedule of quantities the Engineer -in-
Charge shall within one month of receipt of the claims supported by
analysis, after giving consideration to the analysis of the rates submitted
by the contractor, determine the rates on the basis of the market rates and
the contractor shall be paid in accordance with the rates so determined.

CLAUSE 12.3
The provisions of the preceding paragraph shall also apply to the decrease
in the rates of items for the work in excess of the limits laid down in
Schedule F, and the Engineer -in- Charge shall after giving notice to the
contractor within one month of occurrence of the excess and after taking
into consideration any reply received from him within fifteen days of the
receipt of notice, revise the rates for the work in question within one month
of the expiry of the said period of fifteen days having regard to the market
rates.

CLAUSE 12.4
The contractor shall sent to the Engineer -in- Charge once every three
months, an upto date account giving complete details of all claims for
additional payments to which the contractor may consider himself entitled
and of all additional work ordered by the Engineer -in- Charge which he
has executed during the preceding quarter failing which the contractor shall
be deemed to have waived his right. However, the USE may authorize
consideration of such claims on merits.

CLAUSE 12.5
For the purpose of operation of Schedule F, the following works shall be
treated as works relating to foundation unless and otherwise defined in

36
Clauses of Contract

the contract :
(i) For buildings compound wall plinth level or 1.2 meters (4ft) above
ground level whichever is lower excluding items above flooring and
D.P.C. but including base concrete below the floors.
(ii) For abutment, piers, retaining walls of culverts and bridges, walls of
water reservoir, the bed of floor level.
(iii) For retaining walls where floor level is not determinate 1.2 meter
above the average ground level or bed level.

(iv) For roads, all items of excavation and filling including treatment of
sub-base and soiling works.
(v) For water supply lines, sewer lines underground storm water drains
and similar work, all items of work below ground level except items
of pipe work, proper masonry work.
(vi) For open storm water drains, all items of work except lining of drains.

CLAUSE 12.6
Any operation incidental to or necessarily has to be in contemplation of
tenderer while filing tender, or necessary for proper execution of the item
included in the Schedule of quantities or in the schedule of rates mentioned
above, whether or not, specifically indicated in the description of the item
and the relevant specifications, shall be deemed to be included in the rates
quoted by the tenderer or the rate given in the said schedule of rates, as
the case may be. Nothing extra shall be admissible for such operations.

CLAUSE 13
If at any time after acceptance of the tender, Engineer in- Charge shall Foreclosure of
decide to abandon or reduce the scope of the works for any reason contract due to
whatsoever, and hence not require the whole work or any part of the works abandonment or
to be carried out the Engineer -in- Charge shall give notice in writing to reduction in scope
that effect to the contractor and the contractor shall act accordingly in the of work.
matter. The contractor shall have no claim to any payment of compensation
or otherwise whatsoever on account of any profit or advantage which
he might have derived from the execution of the work in full, but which
he did not derive in consequence of the foreclosure of the whole or part
of the works.

37
Clauses of Contract

Provided that the contractor shall be paid the charges on the cartage only
of materials actually and bonafide brought to the site of the work by the
contractor and rendered surplus as a result of the abandonment or
curtailment of the work or any portion thereof and then taken by the
contractor, provided however, that the Engineer-in- Charge shall have in
all such cases, the option of taking over all or any such materials at their
purchase price or at local current rates whichever may be less. In the case
of such stores having been issued from JMI stores, supervision charges
and storage charges shall be refunded in addition to the issue rate of
materials.

CLAUSE 14
Carrying out If contractor:
part work at
(i) At any time makes default during currency of work or does not
risk and cost
execute any part of the work with due diligence and continues to do
of Contractor
so even after a notice in writing of 7 days in this respect from the
Engineer -in- Charge; or

(ii) Commits default in complying with any of the terms and conditions
of the contract and does not remedy it or takes effective steps to
remedy it within 7 days even after a notice in writing is given in that
behalf by the Engineer -in- Charge; or

(iii) Fails to complete the work(s) or items of work with individual dates
of completion, on or before the date(s) so determined, and does not
complete them within the period specified in the notice given in
writing in that behalf by the Engineer -in- Charge.

The Engineer -in- Charge without invoking action under clause 3 may,
without prejudice to any other right or remedy against the contractor which
have either accrued or accrue thereafter to Jamia Millia Islamia, by a notice
in writing to take the part work/ part incomplete work of any item(s) out
of his hands and shall have powers to:

(a) Take possession of the site and any materials, constructional plant,
implements, stores, etc., thereon; and/ or

(b) Carry out the part work/ part incomplete work of any item(s) by any
means at the risk and cost of the contractor.

38
Clauses of Contract

The Engineer -in- Charge shall determine the amount, if any, is recoverable
from the contractor for completion of the part work/ part incomplete work
of any item(s) taken out of his hands and execute at the risk and cost of the
contractor, the liability of contractor on account of loss or damage suffered
by Jamia Millia Islamia because of action under this clause shall not exceed
10% of the tendered value of the work.

In determining the amount, credit shall be given to the contractor with the
value of work done in all respect in the same manner and at the same rate
as if it had been carried out by the original contractor under the terms of
his contract, the value of contractors materials taken over and incorporated
in the work and use of plant and machinery belonging to the contractor.
The certificate of the Engineer -in- Charge as to the value of work done shall
be final and conclusive against the contractor provided always that action
under this clause shall only be taken after giving notice in writing to the
contractor. Provided also that if the expenses incurred by the department
are less than the amount payable to the contractor at his agreement rates,
the difference shall not be payable to the contractor.

Any excess expenditure incurred or to be incurred by Jamia Millia Islamia


in completing the part work/ part incomplete work of any item(s) or the
excess loss or damages suffered or may be suffered by Jamia Millia Islamia
as aforesaid after allowing such credit shall without prejudice to any other
right or remedy available to Jamia Millia Islamia in law or per as agreement
be recovered from any money due to the contractor on any account, and if
such money is insufficient, the contractor shall be called upon in writing
and shall be liable to pay the same within 30 days.

If the contractor fails to pay the required sum within the aforesaid period
of 30 days, the Engineer -in- Charge shall have the right to sell any or all
of the contractors unused materials, constructional plant, implements,
temporary building at site etc. and adjust the proceeds of sale thereof
towards the dues recoverable from the contractor under the contract and if
thereafter there remains any balance outstanding, it shall be recovered in
accordance with the provisions of the contract.

In the event of above course being adopted by the Engineer -in- Charge,
the contractor shall have no claim to compensation for any loss sustained
by him by reason of his having purchased or procured any materials or
entered into any engagements or made any advance on any account or with
a view to the execution of the work or the performance of the contract.

39
Clauses of Contract

CLAUSE 15
Suspension (i) The contractor shall, on receipt of the order in writing of the Engineer
of Work -in- Charge, (whose decision shall be final and binding on the
contractor) suspend the progress of the works or any part thereof for
such time and in such manner as the Engineer -in- Charge may
consider necessary so as not to cause any damage or injury to the work
already done or endanger the safety thereof for any of the following
reasons:
(a) on account of any default on the part of the contractor, or;
(b) for proper execution of the works or part thereof for reasons
other than the default of the contractor, or
(c) for safety of the works or part thereof.
The contractor shall, during such suspension, properly protect and
secure the works to the extent necessary and carry out the instructions
given in that behalf by the Engineer -in- Charge.
(ii) If the suspension is ordered for reasons (b) & (c) in sub-para (i) above:
(a) The contractor shall be entitled to an extension of time equal
to the period of every such suspension PLUS 25%, for
completion of the item or group of items of work for which a
separate period of completion is specified in the contract and
of which the suspended work forms a part, and;
(b) In the event of the contractor treating the suspension as an
abandonment of the contract by Jamia Millia Islamia he shall
have no claim to payment of any compensation on account of
any profit or advantage which he might have derived from the
execution of the work in full but which he could not derive in
consequence of the abandonment.

CLAUSE 16
Action in case All works under or in course of execution or executed in pursuance of the
work not done as contract, shall at all times be open and accessible to the inspection and
per specifications supervision of the Engineer -in- Charge, his authorised subordinates -in-
charge of the work and all the superior officers, Officer of the Quality
Assurance Unit of the CPWD or any organisation engaged by the university
and of the Chief Technical Examiner's Office of CPWD, and the contractor
shall, at all times, during the usual working hours and at all other times at
which reasonable notice of the visit of the such officers has been given to

40
Clauses of Contract

the contractor, either himself be present to receive orders and instructions


or have a responsible agent duly accredited in writing, present for that
purpose. Orders given to the Contractor's agent shall be considered to have
the same force as if they had been given to the contractor himself. The work
during its progress can also be inspected by Chief Technical Examiner of CPWD
on behalf of the university.

If it shall appear to the Engineer -in- Charge or his authorised subordinate Action and
incharge of the work, officer of the Quality Assurance Unit of the CPWD compensation
or any organisation engaged by the university or to the Chief Technical payable in case
examiner or his subordinate officers of CPWD that any work has been of bad work
executed with unsound, imperfect, or unskillful workmanship or with
materials of any inferior description or that any materials or articles
provided by him for the execution of the work which are unsound or of a
quality inferior to that contracted or otherwise not in accordance with the
contract, the contractor shall, on demand in writing which shall be made
within six & twelve months of the completions of the work, from the
Engineer -in- Charge specifying the work, materials or articles complained
of notwithstanding that the same may have been passed, certified and paid
for forthwith rectify, or remove and re-reconstruct the work so specified.
in whole or in part, as the case may require or as the case may be, remove
the materials or articles so specified and provide other proper and suitable
materials or articles at his own charge and cost. In the event of his failing
to do so within a period to be specified by the Engineer -in- Charge may
rectify or remove and execute the work or remove and replace with others,
the materials or articles complained of, as the case may be, at the risk and
expense in all respects of the contractors. The contractor shall also be liable
to pay compensation at the same rate as under clause 2 of the contract (for
non-completion of the work in time) for this default.

CLAUSE 17
If the contractor or his working people or servants shall break, deface injure Contractor liable
or destroy any part of building in which they may be working, or any for Damages,
building road, curb, fence, enclosure, water pipe, cables, drains, electric defects during
or telephone post or wires, trees, grass or grassland or cultivated ground maintenance
contiguous to the premises on which the work or any part is being period.
executed, or if any damage shall happen to the work while in progress,
from any cause whatever or if any defect, shrinkage or other faults appear
in the work within twelve months after a certificate final or otherwise of
its completion shall have been given by the Engineer -in- Charge as

41
Clauses of Contract

aforesaid arising out of defective or improper materials or workmanship


the contractor shall upon receipt of a notice in writing on that behalf make
the same good at his own expense or in default the Engineer -in- Charge
cause the same to be made good by other workmen and deduct the expense
from any sums that may be due or at any time thereafter may become due
to the contractor, or from his security deposit or the proceeds of the sale
thereof or of a sufficient portion thereof. The security deposit of the
contractor shall not be refunded before the expiry of twelve months after
the issue of the certificate final or otherwise, of completion of work or till
the final bill has been prepared and passed whichever is later. Provided
that in the case of road work if in the opinion of the Engineer-in-Charge,
half of the security deposit is sufficient to meet all the liabilities of the
contractor under this contract, half of the security deposit will be refundable
after Six months and the remaining half after Twelve months of the issue
of the said certificate of completion or till the final bill has been prepared
and passed whichever is later.

CLAUSE 18
Contractor to The contractor shall provide at his own cost all materials (except such special
supply Tools materials, if any, as may in accordance with the contract be supplied from
and Plants etc. Engineer-in-Charges stores), machinery, tools & plants as specified in
Schedule F. In addition to this, appliances, implements, other plants,
ladders, cordage, tackle, scaffolding, and temporary works required for
proper execution of the work, whether original, altered or substituted and
whether included in the specifications or other documents forming part of
the contract or referred to in these conditions or not, or which may be
necessary for the purpose of satisfying or complying with the requirements
of the Engineer -in- Charge as to any matter as to which under these
conditions he is entitled to be satisfied, or which he is entitled to require
together with carriage therefore to and from the work. The contractor shall
also supply without charge the requisite number of persons with the means
and materials, necessary for the purpose of setting out works and counting,
weighing and assisting the measurement for examination at any time and
from time to time of the work or materials. Failing his so doing, the same
may be provided by the Engineer -in- Charge at the expense of the contractor
and the expenses may be deducted, from any money due to the contractor,
under this contract or otherwise and/or from his security deposit or the
proceeds of sale thereof, or of a sufficient portion thereof.

42
Clauses of Contract

CLAUSE 18A
In every case in which by virtue of the provisions of sub-section (1) of Recovery of
Section 12, of the Workmens Compensation Act, 1923, Jamia Millia Islamia compensation
is obliged to pay compensation to a workman employed by the contractor, paid to
in execution of the works. Jamia Millia Islamia will recover from the workman.
contractor, the amount of the compensation so paid and without prejudice
to the rights of the Jamia Millia Islamia under of sub-section (2) of Section
12 of the said Act. Jamia Millia Islamia shall be at liberty to recover such
amount or any part thereof by deducting it from the security deposit or
from any sum due by Jamia Millia Islamia to the contractor whether under
this contract or otherwise. Jamia Millia Islamia shall not be bound to contest
any claim made against it under sub-section (1) of Section 12 of the said
Act.

CLAUSE 18B
In every case in which by virtue of the provisions of the Contract Labour Ensuring
(Regulation & Abolition) Act 1970 and of the Contract Labour (Regulation Payment and
& Abolition) Central Rules 1971 Jamia Millia Islamia is obliged to pay any Amenities to
amounts of wages to a workman employed by the contractor in execution workers if
of the works or to incur any expenditure in providing welfare and health Contractor fails.
amenities required to be provided under the above said Act and the Rules,
under Clause 19 H or under the C.P.W.D. Contractors Labour Regulations
or under the Rules framed by Government from time to time for the
protection of health and sanitary arrangements for workers employed by
Jamia Millia Islamia Contractors, Jamia Millia Islamia will recover from the
contractor the amount of wages so paid or the amount of expenditure so
incurred; and without prejudice to the right of the Government under of
sub-section (2) Section 20 and sub-section (4) of Section 21 of the Contract
Labour (Regulation and Abolition) Act 1970, Jamia Millia Islamia shall be
at liberty to recover such amount or any part thereof by deducting it from
the security deposit or from any sum due by Jamia Millia Islamia to the
contractor whether under this contract or otherwise Jamia Millia Islamia
shall not be bound to contest any claim made against it under sub-section
(1) of Section 20, sub-section (4) of Section 21, of the said Act, except on the
written request of the contractor and upon his giving to the J.M.I. full
security for all costs for which J.M.I. might become liable in contesting such
claim.

43
Clauses of Contract

CLAUSE 19
Labour Laws to The contractor shall obtain a valid licence under the Contract Labour (R&A)
be complied by Act 1970 and the Contract Labour (Regulation & Abolition) Central Rules,
the Contractor. 1971, before the commencement of the work, and continue to have a valid
licence until the completion of the work. The contractor shall also abide
by the provisions of the Child Labour (Prohibition and Regulation) Act,
1986.

The contractor shall also comply with the provisions of the building and
other Construction Workers (Regulation of Employment & Conditions of
Service) Act, 1996 and the building and other Construction Workers Welfare
Cess Act, 1996.

Any failure to fulfill these requirements shall attract the penal provisions
of this contract arising out of the resultant non-execution of the work.

CLAUSE 19A
No labour below the age of fourteen years shall be employed on the work
or amended as per labour rules by the Government.

CLAUSE 19B
Payment of Payment of Wages :
Wages:
(i) The contractor shall pay to labour employed by him either directly
or through sub-contractors, wages not less than fair wages as defined
in the C.P.W.D. Contractors Labour Regulations or as per the
provisions of the Contract Labour (Regulation and Abolition) Act, 1970
and the contract labour (Regular &Abolition) Central Rules, 1971,
wherever applicable.
(ii) The contractor shall, notwithstanding the provisions of any contract
to the contrary, cause to be paid fair wage to labourer indirectly
engaged on the work, including any labour engaged by his sub-
contractors in connection with the said work, as if the labourer had
been immediately employed by him.

(iii) In respect of all labour directly or indirectly employed in the works


for performance of the contractors part of this contract, the contractor
shall comply with or cause to be complied with the Central Public
Works Department Contractors Labours Regulations made by

44
Clauses of Contract

Government from time to time in regard to payment of wages, wage


period deductions from wages recovery of wages not paid and
deductions unauthorisedly made, maintenance of wage books or
wage slips, publication of scale of wages and other terms of
employment, inspection and submission of periodical returns and all
other matters of the like nature or as per the provisions of the Contract
Labour (Regulation & Abolition) Act, 1970, and the Contract Labour
(Regulation and Abolition) Central Rules, 1971, wherever applicable.
(iv) (a) The Engineer In-Charge concerned shall have the right to
deduct, from the moneys due to the contractor any sum
required or estimated to be required for making good the loss
suffered by a worker or workers by reason of nonfulfilment of
the conditions of the contract for the benefit of the workers, non-
payment of wages, or of deductions made from his or their
wages which are not justified by their terms of the contract or
non-observance of the Regulations.
(b) Under the provision of Minimum Wages (Central) Rules, 1950,
the contractor is bound to allow to the labourers directly or
indirectly employed in the works one day rest for six days
continuous work and pay wages at the same rate as for duty.
In the event of default, the Engineer -in- Charge shall have the
right to deduct the sum or sums not paid on account of wages
for weekly holidays to any labours and pay the same to the
persons entitled thereto from any money due to the contractor
by the University Superintending Engineer, Jamia Millia
Islamia.
In the case of Union Territory of Delhi, however as all
inclusive minimum daily wages fixed under notification of the
Delhi Administration No.F-12 (162) MWO/DAB/43884-91,
dated 31.12.1979 as amended from time to time are inclusive
of wages for the weekly day of rest, the question of extra
payment for weekly holiday would not arise.
(v) The contractor shall comply with the provisions of the Payment of
Wages Act, 1936, Minimum Wages Act, 1948, Employees Liability Act,
1938, Workmens Compensation Act, 1923, Industrial Disputes Act,
1947, Maternity Benefits Act, 1961, and the Contractors Labour
(Regulation & Abolition) Act 1970, or the modifications thereof or any
other laws relating thereto and the rules made thereunder from time
to time.

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Clauses of Contract

(vi) The contractor shall indemnify and keep indemnified Jamia Millia
Islamia against payments to be made under and for the observance
of the laws aforesaid and the C.P.W.D. Contractors Labour
Regulations without prejudice to his right to claim indemnity form
his sub-contractors.

(vii) The laws aforesaid shall be deemed to be a part of this contract and
any breach thereof shall be deemed to be a breach of this contract.

(viii) Whatever is the minimum wage for the time being, or if the wage
payable is higher than such wage, such wage shall be paid by the
contractor to the workman directly without the intervention of
Jamadar and that Jamadar shall not be entitled to deduct or recover
any amount from the minimum wage payable to the workmen as and
by way of commission or otherwise.

(ix) The contractor shall ensure that no amount by way of commission or


otherwise is deducted or recovered by the Jamadar from the wage of
workmen.

CLAUSE 19C
In respect of all labour directly or indirectly employed in the work for the
performance of the contractors part of this contract, the contractor shall at
his own expense arrange for the safety provisions as per C.P.W.D. Safety
Code framed from time to time and shall at his own expense provide for
all facilities in connection therewith. In case the contractor fails to make
arrangement and provide necessary facilities as aforesaid, he shall be liable
to pay a penalty of Rs. 200/- for each default and in addition, the En gineer
-in- Charge shall be at liberty to make arrangement and provide facilities
as aforesaid and recover the costs incurred in that behalf from the contractor.

CLAUSE 19 D
The contractor shall submit by the 4th and 19th of every month, to the
Engineer -in- Charge a true statement showing in respect of the second half
of the preceding month and the first half of the current month
respectively:
(1) the number of labourers employed by him on the work,
(2) their working hours,
(3) the wages paid to them,

46
Clauses of Contract

(4) the accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of damage
and injury caused by them, and
(5) the number of female workers who have been allowed maternity
benefit according to Clause 19F and the amount paid to them.
Failing which the contractor shall be liable to pay to Jamia Millia
Islamia a sum not exceeding Rs. 200/- for each default or materially
incorrect statement. The decision of the Engineer -in- Charge shall be final
in deducting from any bill due to the contractor, the amount levied as fine
and be binding on the contractor.

CLAUSE 19E
In respect of all labour directly or indirectly employed in the works for Health and
the performance of the contractors part of this contract, the contractor shall sanitary
comply with or cause to be complied with all the rules framed by Government arrangements
from time to time for the protection of health and sanitary arrangement for for workers.
workers employed by the Jamia Millia Islamia and its contractors.

CLAUSE 19F
Leave and pay during leave shall be regulated as follows: Maternity
1. Leave: benefit rules for
female workers
(i) In case of delivery-maternity leave not exceeding 8 weeks, employed by
4 weeks up to and including the day of delivery and 4 weeks contractor
following that day.
(ii) In the case of miscarriage-upto 3 weeks from the date of
miscarriage.
2. Pay:
(i) In the case of delivery-leave pay during maternity leave will
be at the rate of the womens average daily earnings, calculated
on the total wages earned on the days when full time work was
done during a period of three months immediately preceding
the date on which she gives notice that she expects to be confined
or at the rate of Rupees one only a day whichever is greater.
(ii) In the case of miscarriage-leave pay at the rate of average daily
earning calculated on the total wages earned on the days when
full time work was done during a period of three months
immediately preceding the date of such miscarriage.

47
Clauses of Contract

3. Conditions for the grant of Maternity Leave:


No maternity leave benefit shall be admissible to a woman unless she
has been employed for a total period of not less than six months
immediately preceding the date on which she proceeds on leave.
4. The contractor shall maintain a register of Maternity (Benefit) in the
Prescribed Form as shown in Appendix I and II and the same shall
be kept at the place of work.

CLAUSE 19G
In the event of the contractor(s) committing a default or breach of any of
the provisions of the Central Public Works Department, Contractors
Labour Regulations and Model Rules for the protection of health and
sanitary arrangements for the workers as amended from time to time or
furnishing any information or submitting or filing any statement under the
provisions of the above Regulations and Rules which is materially incorrect,
he/they shall without prejudice to any other liability, pay to the Jamia
Millia Islamia a sum not exceeding Rs. 200 for every default, breach or
furnishing, making, submitting, filing such materially incorrect statements
and in the event of the contractor(s) defaulting continuously in this respect,
the penalty may be enhanced to Rs. 200 per day for each day of default
subject to maximum of 5 percent of the estimated cost of the work put to
tender. The decision of the Engineer -in- Charge shall be final and binding
on the parties.
Should it appear to the Engineer -in- Charge that the contractor(s) is/ are
not properly observing and complying with the provisions of C.P.W.D.
Contractors Labour Regulations and Model Rulesand the provisions of the
Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour
(R&A) Contract Rules, 1971 for the protection of health and sanitary
arrangements for work-people employed by the contractor(s) (hereinafter
referred as the said Rules), the Engineer -in- Charge shall have power to
give notice in writing to the contractor(s) requiring that the said Rules be
complied with and the amenities prescribed therein be provided to the
work-people within a reasonable time to be specified in the notice. If the
contractor(s) shall fail within the period specified in the notice to comply
with and/ observe the said Rules and to provide the amenities to the work-
people as aforesaid, the Engineer -in- Charge shall have the power to
provide the amenities hereinbefore mentioned at the cost of the
contractor(s). The contractor(s) shall erect, make and maintain at his/their
own expense and to approved standards all necessary huts and sanitary

48
Clauses of Contract

arrangements required for his/their work-people on the site in connection


with the execution of the works, and if the same shall not have been erected
or constructed, according to approved standards, the Engineer -in- Charge
shall have power to give notice in writing to the contractor(s) requiring that
the said huts and sanitary arrangements be remodelled and/or
reconstructed according to approved standards, and if the contractor(s) shall
fail to remodel or reconstruct such huts and sanitary arrangements
according to approved standards within the period specified in the notice,
the Engineer -in- Charge shall have the power to remodel or reconstruct
such huts and sanitary arrangements according to approved standards at
the cost of the contractor(s).

CLAUSE 19H
The contractor(s) shall at his/their own cost provide his/ their labour with
a sufficient number of huts (thereafter referred to as the camp) of the
following specifications on a suitable plot of land to be approved by the
Engineer -in- Charge.
(1) (a) The minimum height of each hut at the eaves level shall be 2.10
m (7 ft.) and the floor area of the to be provided will be at the
rate of 2.7 sq. mt. (30 sq.ft.) for each member of the workers
family staying with the labourer.
(b) The contractor(s) shall in addition construct suitable cooking
places having a minimum area of 1.8m x 1.5m (6x5) adjacent
to the hut for each family.
(c) The contractor(s) shall also construct temporary latrines and
urinals for use of the labourers each on the scale of not less than
four per each one hundred of the total strength, separate latrines
and urinals being provided for women.
(d) The contractor(s) shall construct sufficient number of bathing
and washing places, one unit for every 25 persons residing in
the camp. These bathing and wishing palaces shall be suitably
screened.
(ii) (a) All the huts shall have walls of sun-dried or burnt bricks laid
in mud mortar or other suitable local materials as may be
approved by the Engineer -in- Charge. In case of sub-dried
bricks, the walls should be plastered with mud gobri on both
sides. The floor may be katcha but plastered with mud Gobi
and shall be at least 15 cm (6") above the surrounding ground.

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Clauses of Contract

The roofs shall be laid with thatch or any other materials as may
be approved by the Engineer -in- Charge and the contractor
shall ensure that throughout the period of their occupation, the
roofs remain water-tight.
(b) The contractor(s) shall provide each hut with proper ventilation.
(c) All doors, windows and ventilators be provided with suitable
leaves for security purposes.
(d) There shall be kept an open space of at least 7.2m (8 yards)
between the rows of huts which may be reduced to 6m (20 ft.)
according to the availability of site with the approval of the
Engineer -in- Charge. Back-to-back construction will be allowed.
(iii) Water Supply The contractor(s) shall provide adequate supply of
water for the use of labourers. The provisions shall not less than two
gallons of pure and wholesome water per head per day for drinking
purposes and three gallons of clean water per head per day for bathing
and washing purposes. Where piped water supply is available,
supply shall be at stand posts and where the supply is from wells or
river, tanks which may be of metal or masonry, shall provided. The
contractor(s) shall also at his/their own cost make arrangements for
laying pipe lines for water supply to his/their labour camp from the
existing mains wherever available, and shall pay all fees and charges
therefor.

(iv) The site selected for the camp shall be high ground, removed from
jungle.

(v) Disposal of Excreta The contractor(s) shall make necessary


arrangements for the disposal of excreta from the latrines by trenching
or incineration which shall be according to the requirements laid
down by the Local Health Authorities. If trenching or incineration is
not allowed, the contractor(s) shall make arrangements for the removal
of the excreta through the Municipal Committee/ authority and
inform it about the number of labourers employed so that arrangement
may be made by such Committee/authority for the removal of the
excreta. All charges on this account shall be borne by the contractor
and paid direct by him to the Municipality/ authority. The contractor
shall provide one sweeper for every eight seats in case in dry system.
(vi) Drainage The contractor(s) shall provide efficient arrangements for
draining away sullage waster so as to keep the camp neat and tidy.

50
Clauses of Contract

(vii) The contractor(s) shall make necessary arrangements for keeping the
camp area sufficiently lighted to avoid accidents to the workers.
(viii) Sanitation The Contractor(s) shall make arrangements for
conservancy and sanitation in the labour camps according to the rules
of the Local Public Health and Medical Authorities.

CLAUSE 19I
The Engineer -in- Charge may require the contractor to dismiss or remove
from the site of the work any person or persons in the contractors employ
upon the work who may be incompetent or misconduct himself and the
contractor shall forthwith comply with such requirements. In respect of
maintenance/ repair or renovation works etc. where the labour have an
easy access to the individual houses, the contractor shall issue identity cards
to the labourers, whether temporary or permanent and he shall be
responsible for any untoward action on the part of such labour. AEE/ AE/
JE will display a list of contractors working in the colony/ Blocks on the
notice board in the colony and also at the service center, to apprise the
residents about the same.

CLAUSE 19J
It shall be the responsibility of the contractor to see that the building under
construction is not occupied by anybody unauthorizedly during
construction, and is handed over to the Engineer -in- Charge with vacant
possession of complete building. If such building though completed is
occupied illegally, then the Engineer -in- Charge shall have the option to
refuse to accept the said building/buildings in that position. Any delay in
acceptance on this account will be treated as the delay in completion and
for such delay, a levy up to 5% of tendered value of work may be imposed
by the university Superintending Engineer whose decision shall be final
both with regard to the justification and quantum and be binding on the
contractor.
However, the university Superintending Engineer, through a notice, may
require the contractor to remove the illegal occupation any time on or
before construction and delivery.

CLAUSE 19K
The contractor shall, at all stages of work, deploy skilled/ semi skilled Employment of
tradesmen who are qualified and possess certificate in particular trade from skilled / semi
CPWD Training Institute/ Industrial Training Institute/ National Institute skilled workers.

51
Clauses of Contract

of Construction Management and Research (NICMAR)/ National Academy


of Construction, CIDC or any similar reputed and recognized Institute
managed/ certified by State/ Central Government. The number of such
qualified tradesmen shall not be less than 20% of total skilled/ semi skilled
workers required in each trade at any stage of work. The contractor shall
submit number of man days required in respect of each trade, its scheduling
and the list of qualified tradesmen alongwith requisite certificate from
recognised institute to Engineer in- Charge for approval. Notwithstanding
such approval, if the tradesmen are found to have inadequate skill to
execute the work of respective trade, the contractor shall substitute such
tradesmen within two days of written notice from Engineer -in- Charge.
Failure on the part of contractor to obtain approval of Engineer -in- Charge
or failure to deploy qualified tradesmen will attract a compensation to be
paid by contractor at the rate of Rs. 100 per such tradesman per day.
Decision of Engineer -in- Charge as to whether particular tradesman
possesses requisite skill and amount of compensation in case of default
shall be final and binding.
Provided always, that the provisions of this clause, shall not be applicable
for works with estimated cost put to tender being less than Rs. 5 crores.

CLAUSE 19L
Contribution of The contractor shall have registration with EPFO and ESIC. The ESI and
EPF and ESI EPF contributions on the part of employer in respect of this contract shall
be paid by the contractor. These contributions on the part of the employer
paid by the contractor shall be reimbursed by the Engineer -in- Charge to
the contractor on actual basis after satisfying that it has been actually and
genuinely paid by the contractor.

CLAUSE 20
Minimum The contractor shall comply with all the provisions of the Minimum Wages
Wages Act to be Act, 1948 and Contract Labour (Regulation and Abolition) Act, 1970
complied with amended from time to time and rules framed thereunder and other labour
laws affecting contract labour that may be brought into force from time to
time.

CLAUSE 21
Work not to be The contract shall not be assigned or sublet without the written approval
sublet action incase of the Engineer-in-Charge. And if the contractor shall assign or sublet his
of insolvency contract, or attempt to do so, or become insolvent or commence any

52
Clauses of Contract

insolvency proceedings or and make composition with his creditors or


attempt to do so, or if any bribe, gratuity, gift, loan perquisite, reward or
advantage pecuniary or otherwise, shall either directly or indirectly, be
given, promised or offered by the contractor, or any of his servants or agent
to any public officer or person in the employ of Jamia Millia Islamia in any
way relating to his office or employment, or if any such officer or person
shall become in any way directly or indirectly interested in the contract,
the Engineer -in- Charge on behalf of the V.C., Jamia Millia Islamia shall
have power to adopt the course specified in Clause 3 hereof in the interest
of Jamia Millia Islamia and in the event of any of such course being
adopted, the consequences specified in the said Clause 3 shall ensue.

CLAUSE 22
All sums payable by way of compensation under any of these conditions
shall be considered as reasonable compensation to be applied to the use
of Jamia Millia Islamia without reference to the actual loss or damage
sustained and whether or not any damage shall have been sustained.

CLAUSE 23
Where the contractor is a partnership firm, the previous approval in writing Changes in firms
of the Engineer -in- Charge shall be obtained before any change is made in Constitution to
the constitution of firm. Where the contractor is an individual or a Hindu be intimated.
undivided family business concern, such approval as aforesaid shall
likewise be obtained before the contractor enters into any partnership
agreement whereunder the partnership firm would have the right to carry
out the works hereby undertaken by the contractor. If previous approval
as aforesaid is not obtained, the contract shall be deemed to have been assigned
in contravention of Clause 21 hereof and the same action may be taken, and
the same consequences shall ensue as provided in the said Clause 21.

CLAUSE 24
All works to be executed under the contract shall be executed under the
direction and subject to the approval in all respects of the Engineer -in-
Charge who shall be entitled to direct at what point or points and in what
manner they are to be commenced & from time to time carried on.

CLAUSE 25
Except where otherwise provided in the contract, all questions and Settlement of
disputes relating to the meaning of the specifications, design, drawings disputes by
and instructions here-in before mentioned and as to the quality of Arbitration

53
Clauses of Contract

workmanship or materials used on the work or as to any other question,


claim right, matter or thing whatsoever in anyway arising out of or relating
to the contract, designs, drawings, specifications, estimates, instructions
orders or these conditions or otherwise concerning the works or the
execution or failure to execute the same whether arising during the progress
of the work or after the cancellation, termination, completion or
abandonment thereof shall referred to the sole arbitration of the person
appointed by the V.C., Jamia Millia Islamia in office, at the time of dispute
or there be no V.C. the administrative head of the Jamia Millia Islamia, at
the time of such appointment that the arbitrator so appointed.
It will be no objection to any such appointment that the arbitrator so
appointed is a University servant, that he had to deal with the matters to
which the contract relates and that in the course of his duties as University
servant he had expressed views on all or any of the matters in dispute of
difference. The arbitrator to whom the matter is originally referred being
transferred or vacating his office or being unable to act for any reason, such
head as aforesaid at the time of such transfer, vacation of office or inability
to act, shall appoint another person to act as arbitrator in accordance with
the terms of the contract. Such person shall be entitled to proceed with the
reference from the stage at which it was left by his predecessor.
It is a term of the contract that the party invoking arbitration shall specify
the dispute or disputes to be referred to arbitration under this clause
together with the amount or amounts claimed in respect of each such
dispute on prescribed proforma as per Appendix XV.
It is also a term of this contract that no person, other than a person
appointed by Vice-Chancellor or Administrative Vice-Chancellor as
aforesaid, should act as arbitrator and if for any reason that it is not
possible, the matters shall not be referred to arbitration at all.
It is also a term of the contract that if the contractor does not make any
demand for appointment of arbitrator in respect of any claims in writting
as aforesaid within 120 days of receiving the intimation from the Jamia
Millia Islamia that the final bill is ready for payment the claim of the
contractor will be deemed to have been waived and absolutely barred and
the Jamia Millia Islamia shall be discharged and released of all liabilities
under the contract in respect of these claims.
The arbitration shall be conducted in accordance with the provisions of the
arbitrator and Conciliation Act, 1996 (26 of 1996) or any statutory
modifications or reenactment thereof and the rules made there under and

54
Clauses of Contract

for the time being in force shall apply to the arbitration proceeding under
this clause.
It is also a term of this contract that the arbitrator shall adjudicate on only
such disputes as are referred to him by the appointing authority and give
separate award against each dispute and claim referred to him and in
all cases where the total amount of the claims by any part exceeds
Rs. 1,00,000/- the arbitrator shall give reasons for the award.
It is also a terms of the contract that if any fees are payable to the arbitrator
these shall be paid equally by both the parties.
It is also a terms of the contract that the arbitrator shall be deemed to have
entered on the reference on the date he issues notice to both the parties
calling them to submit their statement of claims and counter statement of
claims. The venue of the arbitration shall be such place as may be fixed by
the arbitrator in his sole discretion. The fees, if any, of the arbitrator shall,
if required to be paid before the award is made and published, be paid
and paid half by each of the parities. The cost of the reference and of the
award (including the fees, if any of the arbitrator) shall be in the discretion
of the arbitrator who may direct to any by whom and in what manner, such
costs or any part thereof shall be paid and fix or settle the amount of costs
to be so paid.
The arbitrator(s) may from time to time with consent of the parties enlarge
the time, for making and publishing the award.
The decision of the University Superintending Engineer regarding
quantities of reduction as well as justification there of in respect of rates
for sub standard work which may be decided will be final and would not
be open to arbitration.

CLAUSE 26
The contractor shall fully indemnify and keep indemnified the Jamia Millia Contractor to
Islamia against any action, claim or proceeding relating to infringement or indemnify
use of any patent or design or any alleged pattern or design rights and shall Government/JMI
pay any royalties which may be payable in respect of any article or part against Patent
thereof included in the contract. In the event of any claims made under or Rights
action brought against Jamia Millia Islamia in respect of any such matters
as an aforesaid, the contractor shall be immediately notified thereof and
contractor shall be at liberty, at his own expense, to settle any dispute or
to conduct any litigation that may arise therefrom, provided that the
contractor shall not be liable to indemnify the V.C., Jamia Millia Islamia if

55
Clauses of Contract

the infringement of the patent or design or any alleged patent or design


right is the direct result of an order passed by the Engineer -in Charge in
this behalf.

CLAUSE 27
Lumpsum When the estimate on which a tender is made includes lumpsums in respect
Provisions of parts of the work, the contractor shall be entitled to payment in respect
in Tender of the items of work involved or the part of the work in question at the
same rates as are payable under this contract for such items, or if the part
of the work in question is not, in the opinion of the Engineer -in- Charge
payable of measurement, the Engineer -in- Charge may at this discretion
pay the lump sum amount entered in the estimate, and the certificate in
writing of the Engineer -in- Charge shall be final and conclusive against
the contractor with regard to any sum or sums payable to him under the
provisions of the clause.

CLAUSE 28
Action where In the case of any class of work for which there is no such specifications as
no speciations referred to in Clause 11, such work shall be carried out in accordance with
are specified. the Bureau of Indian Standards Specifications. In case there is no such
specifications in Bureau of Indian Standards, the work shall be carried out
as per manufacturers specifications, if not available then as per District
Specifications. In case there are no such specifications as required above,
the work shall be carried out in all respects in accordance with the
instructions and requirements on the Engineer -in- Charge.

CLAUSE 29
Withholding and (i) Whenever any claim or claims for payment of a sum of money arises
lien in respect of out of or under the contract or against the contractor, the Engineer -
sums due from in- Charge or the Jamia Millia Islamia shall be entitled to withhold
Contractor. and also have a lien to retain such sum or sums in whole or in part
from security, if any deposited by the contractor and for the purpose
aforesaid, the Engineer -in- Charge or the Jamia Millia Islamia shall
be entitled to withhold the security deposit, if any, furnished as the
case may be and also have a lien over the same pending finalization
or adjudication of any such claim. In the event of the security being
insufficient to cover the claimed amount or amounts or if no security
has been taken from the contractor, the Engineer -in- Charge or the

56
Clauses of Contract

Jamia Millia Islamia shall be entitled to withhold and have a lien to


retain to the extent of such claimed amount or amounts referred to
above, from any sum or sums found payable or which may at any
time thereafter become payable to the contractor under the same
contract or any other contract with the Engineer -in- Charge of the Jamia
Millia Islamia or any contracting person through the Engineer -in-
Charge pending finalization of adjudication of any such claim.
It is an agreed term of the contract that the sum of money or
moneys so withheld or retained under the lien referred to above by
the Engineer -in- Charge or Jamia Millia Islamia will be kept withheld
or retained as such by the Engineer -in- Charge or Jamia Millia Islamia
till the claim arising out of or under the contract is determined by the
arbitrator (if the contract is governed by the arbitration clause) by the
competent court, as the case may be and that the contractor will have
no claim for interest or damages whatsoever on any account in respect
of such withholding or retention under the lien referred to above and
duly notified as such to the contractor. For the purpose of this clause,
where the contractor is a partnership firm or a limited company, the
Engineer -in- Charge or the Jamia Millia Islamia shall be entitled to
withhold and also have a lien to retain towards such claimed amount
or amounts in whole or in part from any sum found payable to any
partner/limited company as the case may be, whether in his
individual capacity or otherwise.
(ii) Jamia Millia Islamia shall have the right to cause an audit and technical
examination of the works and final bills of the contractor including
all supporting vouchers, abstract, etc. to be made after payment of the
final bill and if as a result of such audit and technical examination
any sum is found to have been overpaid in respect of any work done
by the contractor under the contract or any work claimed to have been
done by him under the contract and found not to have been executed,
the contractor shall be liable to refund the amount of over payment
and it shall be lawful for Jamia Millia Islamia to recover the same
from him in the manner prescribed in sub-clause(i) of this clause or
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 Jamia Millia Islamia to the
contractor, without any interest thereon whatsoever.
Provided that the Jamia Millia Islamia shall not be entitled to
recover any sum over paid, nor the contractor shall be entitled to

57
Clauses of Contract

payment of any sum paid short where such payment has been agreed
upon between the Engineer -in- Charge on the one hand and the
contractor on the other under any term of the contract permitting
payment for work after assessment by the Engineer -in- Charge.

CLAUSE 29A
Lien in respect of Any sum of money due and payable to the contractor (including the
claims in other security deposit returnable to him) under the contract may be withheld or
contracts. retained by way of lien by the Engineer -in- Charge or the Jamia Millia
Islamia or any other contracting person or persons through Engineer -in-
Charge against any claim of the Engineer -in- Charge or Jamia Millia Islamia
or such other person or persons in respect of payment of a sum of money
arising out of or under any other contract made by the contractor with the
Engineer -in- Charge or the Jamia Millia Islamia or with such other person
or persons.
It is an agreed term of the contract that the sum of money so withheld or
retained under this clause by the Engineer -in- Charge or Jamia Millia
Islamia will be kept withheld or retained as such by the Engineer -in-
Charge or the Jamia Millia Islamia or till his claim arising out of the same
contract or any other contract is either mutually settled or determined by
the arbitration clause or by the competent court, as the case may be and
that the contractor shall have no claim for interest or damages whatsoever
on this account or on any other ground in respect of any sum of money
withheld or retained under this clause and duly notified as such to the
contractor.

CLAUSE 30
Employment of The contractor shall not employ coal mining or controlled area labour
coal mining or falling under any category whatsoever on or in connection with the work
controlled area or recruit labour from area within a radius of 32Km (20 miles) of the
labour not controlled area. Subject as above the contractor shall employ imported
permissible. labour only i.e. deposit imported labour or labour imported by contractors
from area, from which import is permitted.
Where ceiling price for imported labour has been fixed by state or Regional
Labour Committees not more than that ceiling price shall be paid to the
labour by the contractor.
The contractor shall immediately remove any labourer who may be pointed
out by the Engineer -in- Charge as being a coal mining or controlled area
labourer. Failure to do so shall render the contractor liable to pay to JMI/

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Clauses of Contract

Government a sum calculated at the rate of Rs. 10/- per day per labourer.
The certificate of the Engineer -in- Charge about the number of coal mining
or controlled area labourer and the number of days for which they worked
shall be final and binding upon all parties to this contract.

It is declared and agreed between the parties that the aforesaid stipulation
in this clause is one in which the public are interested within the meaning
of the exception in Section 74 of Indian Contract Act, 1872.

Explanation:- Controlled Area means the following areas:

Districts of Dhanbad, Hazaribagh, Jamtara-a Sub-Division under-Santhal Pargana


Commissionerey, Districts of Bankuara, Birbhum, Burdwan District of Bilaspur.

Any other area, which may be declared a Controlled Area by or with the
approval of the Central Government.

CLAUSE 31
The Contractor(s) shall make his/their own arrangements for water required Unfiltered
for the work and nothing extra will be a paid for the same. This will be Water Supply
subject to the following conditions.

(i) That the water used by the contractor(s) shall be fit for construction
purposes to the satisfaction of the Engineer -in- Charge.

(ii) The Engineer -in- Charge shall make alternative arrangements for
supply of water at the risk and cost of contractor(s) if the arrangements
made by the contractor(s) for procurement of water are in the opinion
of the Engineer -in- Charge, unsatisfactory.

CLAUSE 31A
Water if available may be supplied to the contractor by the department Departmental
subject to the following conditions :- water supply,
if available.
(i) The water charges @ 1% shall be recovered on gross amount of the
work done.
(ii) The contractor(s) shall make his/their own arrangement of water
connection and laying of pipelines from existing main of source of
supply.

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Clauses of Contract

(iii) The Department do not guarantee to maintain uninterrupted supply


of water and it will be incumbent on the contractor(s) to make
alternative arrangements for water at his/their own cost in the event
of any temporary break down in the Jamia Millia Islamia water main
so that the progress of his/their work is not held up for want of water.
No claim or damage or refund of water charges will be entertained
on account of such break down.

CLAUSE 32
Alternate water (i) Where there is no piped water supply arrangement and the water is
arrangements taken by the contractor from the wells or hand pump constructed by
the University, no charge shall be recovered from the contractor on
that account. The contractor shall, however, draw water at such hours
of the day that it does not interfere with the normal use for which
hand pumps and wells are intended. he will also be responsible for
all damages and abnormal repairs arising out of his use, the cost of
which shall be recoverable from him. The Engineerin -in- Charge shall
be the final authority to determine the cost recoverable from the
contractor on this account and his decision shall be binding on the
contractor.

(ii) The contractor shall be allowed to construct temporary wells in


University land for taking water for construction purposes only after
he has got permission of the Engineer -in- Charge in writing. No
charges shall be recovered from the contractor on this account, but the
contractor shall be required to provide necessary safety arrangements
to avoid any accidents or damages to adjacent buildings, roads and
service lines. He shall be responsible for any accidents or damages
caused due to construction and subsequent maintenance of the wells
and shall restore the ground to its original condition after the wells
are dismantled on completion of the work.

CLAUSE 33
Return of Notwithstanding anything contained to the contrary in this contract, where
surplus materials any materials for the execution of the contract are procured with the
assistance of Government/JMI either by issue from Jamia Millia Islamia/
Government stocks or purchase made under orders or permits or licenses
got issued by Jamia Millia Islamia, the contractor shall hold the said
materials economically and solely for the purpose of the contract and not
dispose of them without the written permission of the Jamia Millia Islamia

60
Clauses of Contract

and return, if required by the Engineer -in- charge, all surplus or


unserviceable materials that may be left with him after completion of the
contract or at its termination for any reason whatsoever on being paid or
credited such price as the Engineer -in- Charge shall determine having due
regard to the condition of the materials . The price allowed to the contractor
however shall not exceed the amount charged to him excluding the element
of storage charges. The decision of the Engineer -in- Charge shall be final
and conclusive. In the event of breach of the aforesaid condition, the
contractor shall in addition to throwing himself open to action for
contravention of the terms of the license or permit and/or for criminal
breach of trust, be liable to Jamia Millia Islamia for all moneys, advantages
or profits resulting or which in the usual course would have resulted to
him by reason of such breach.

CLAUSE 34
(i) The contractor shall arrange at his own expense all tools, plant, Hire of Plant &
machinery and equipment (hereinafter referred to as T&P) required Machinery
for execution of the work except for the Plant Machinery listed in
Schedule C and stipulated for issue to the contractor. If the contractor
requires any item of T&P on hire from the T&P available with the JMI
over and above the T&P stipulated for issue, the JMI will, if such item
is available, hire it to the contractor at rates to be agreed upon between
him and the Engineer -in- charge, in such a case, all the conditions
hereunder for issue of T&P shall also be applicable such T&P as is
agreed to be issued.

(ii) Plant and Machinery when supplied on hire charges shown in


Schedule C shall made over and taken back at the departmental
equipment yard/ shed shown in Schedule C and the contractor shall
bear the cost of carriage from the place of issue to the set of work and
back. The contractor shall be responsible to return the plant and
machinery with condition in which it was handed over to him, and
he shall be responsible for all damage caused to the said plant and
machinery at the site of work or elsewhere in operation and otherwise
during transit including damage to or loss of plant and for all losses
due to his failure to return the same soon after the completion of the
work which it was issued. The University Superintending Engineer
shall be the sole judge to determine liability of the contractor and its
extent in this regard and his decision shall be final and binding on
the contractor.

61
Clauses of Contract

(iii) The plant and machinery as stipulated above will be issued as and
when available and if required by the contractor. The contractor shall
arrange his programme of work according to the availability of the
plant and machinery and no claim, whatsoever, will be entertained
from him for any delay in supply by the Department.

(iv) The hire charges shall be recovered at the prescribed rates from and
inclusive of the date the plant and machinery made over upto and
inclusive of the date of the return in good order even though the same
may not have been working for any cause except major breakdown
due to no fault of the contractor or faulty use requiring more than
three working days continuously (excluding intervening holidays and
Sundays) for bringing the plant in order. The contractor shall
immediately intimate in writing to the Engineer -in- Charge when any
plant or machinery gets out of order requiring major repairs as
aforesaid. The Engineer -in- Charge shall record the date and time of
receipt of such intimation in the log sheet of the plant or machinery.
Based on this if the breakdown before lunch period of major
breakdown will be computed considering half a days breakdown on
the day of complaint. If the breakdown occurs in the post lunch period
of major breakdown will be computed starting from the next
working day. In case of any dispute under this clause, the decision
of the University Superintending Engineer shall be final and
binding on the contractor.

(v) The hire charges shown above are for each day of 8 hours (inclusive
of the one hour lunch break) or part thereof.

(vi) Hire charges will include service of operating staff as required and
also supply of lubricating oil and stores for cleaning purposes. Power
fuel of approved type, firewood, kerosene oil etc. for running the
plant and machinery and also the full time chowkidar for guarding
the plant and machinery against any loss or damage shall be arranged
by the contractor who shall be fully responsible for the safeguard and
security of plant and machinery. The contractor shall on or before the
supply of plant and machinery sign an agreement indemnifying the
Building & Contruction Department, JMI against any loss or damage
caused to the plant and machinery either during transit or at site of work.

(vii) Ordinarily, no plant and machinery shall work for more than 8 hours
a day inclusive of one hour lunch break. In case of an urgent work
however, the Engineer -in- Charge may, at his discretion, allow the

62
Clauses of Contract

plant and machinery to be worked for more than normal period of


8 hours a day. In that case, the hourly hire charges for overtime to be
borne by the contractor shall be 50% more than the normal
proportionate hourly charges (1/8th of the daily charges) subject to a
minimum of half days normal charges on any particular day. For
working out hire charges for over time, a period of half an hour and
above will be charged as one hour and a period of less than half an
hour will be ignored.

(viii) The contractor shall release the plant and machinery every seventh
day for periodical servicing and/ or wash out which may take about
three to four hours or more. Hire charges for full day shall be recovered
from the contractor for the day of servicing/ wash out irrespective of
the period employed in servicing.

(ix) The plant and machinery once issued to the contractor shall not be
returned by him on account of lack of arrangements of labour and
materials, etc. on his part, the same will be returned only when they
are required for major repairs or when in the opinion of the Engineer
-in- Charge, the work or a portion of work for which the same was
issued is completed.

(x) Log Book for recording the hours of daily work for each of the plant
and machinery supplied to the contractor will be maintained by the
Building & Contruction Department, JMI and will be countersigned
by the contractor or his authorised agent daily. In case the contrctor
contests the correctness of the entries and/ or fails to sign the Log
Book, the decision of the Engineer -in- Charge shall be final and
binding on him. Hire charges will be calculated according to the
entries in the Log Book and will be binding on the contractor.
Recovery on account of hire charges for road rollers shall be made
for the minimum number of days worked out on the assumption that
a roller can consolidate per day and maximum quantity of materials
or area surfacing as per CPWD specification.

(xi) In the case oc concrete mixers, the contractors shall arrange to get the
hopper cleaned and the drum washed at the close of the work each
day or each occasion.

(a) In case, rollers for consolidation are employed by the contractor


himself, log book for such rollers shall be maintained in the
same manner as is done in case of departmental rollers,

63
Clauses of Contract

maximum quantity of any items to be consolidated for each


roller day shall also be same as in Annexure to Clause 34(x).
For less use of rollers, recovery for the less roller days shall be
made at the stipulated issue rate.
(xii) The contractor shall be responsible to return the plant and
machinery in the condition in which it was handed over to him and
he shall be responsible for all damage caused to the said plant and
machinery at the site of work or elsewhere in operation or
otherwise or during transit including damage to or loss of parts,
and for all losses due to his failure to return the same soon after
the completion of the work, for which it was issued. The University
Superintending Engineer shall be the sole judge to determine the
liability of the contractor and its extent in this regard and his
decision shall be final and binding on the contractor.
(xiii) The contractor will be exempted from levy of any hire charges for the
number of days he is called upon in writing by the Engineer -in-
Charge to suspend execution of the work, provided Jamia Millia
Islamia plant and machinery in question have, in fact, remained idle
with the contractor because of the suspension.
(xiv) In the event of the contractor not requiring any item of plant and
machinery issued by Jamia Millia Islamia though not stipulated for
issue in Schedule C any time after taking delivery at the place of
issue, he may return it after two days written notice or at any time
without notice if he agrees to pay hire charges for two additional days
without, in any way, affecting the right of the Engineer -in- Charge to
use the said plant and machinery during the said period of two days
as he likes including hiring out to a third party.

CLAUSE 35
Condition (i) The contractor undertakes to make arrangement for the supervision
relating to use of the work by the firm supplying the tar or bitumen used.
of asphaltic
(ii) The contractor shall collect the total quantity of tar or bitumen
materials
required for the work as per standard formula, before the process of
painting is started and shall hypothecate it to the Engineer -in- Charge.
If any bitumen or tar remains unused on completion of the work on
account of lesser use of materials in actual execution for reasons other
than authorized changes of specifications and abandonment of portion
of work, a corresponding deduction equivalent to the cost of unused
materials as determined by the Engineer -in- Charge shall be made

64
Clauses of Contract

and the material return to the contractors. Although the materials are
hypothecated to Jamia Millia Islamia, the contractor undertakes the
responsibility for their proper watch, safe custody and protection
against all risks. The materials shall not be removed from site of work
without the consent of the Engineer -in- Charge in writing.
(iii) The contractor shall be responsible for rectifying defects noticed within
a year from the date of completion of the work and the portion of the
security deposit relating to asphaltic work shall be refunded after the
expiry of this period.

CLAUSE 36
Contractors Superintend, Supervision, Technical Staff & Employees:- Employment of
(i) The contractor shall provide all necessary Superintendence during technical Staff
execution of the work and all along thereafter as may be necessary and Employees
for proper fulfilling of the obligations under the contract.
The contractor shall immediately after receiving letter of acceptance
of the tender and before commencement of the work, intimate in
writing to the Engineer -in- Charge, the name(s), qualifications,
experience, age, address(s) and other particulars along with
certificates, of the principal technical representative to be in charge
of the work and other technical representative(s) who will be
supervising the work. Minimum requirement of such technical
representation(s) and their qualifications and experience shall not be
lower than specified in Schedule F. The Engineer -in- Charge shall
within 7 days of receipt of such communication intimate in writing
his approval or otherwise of such a representative(s) to the contractor.
Any such approval may at any time be withdrawn and in case of such
withdrawal, the contractor shall appoint another such representative(s)
according to the provisions of this clause. Decision of the tender
accepting authority shall be final and binding on the contractor in this
respect. Such a principal technical representative and other technical
representative(s) shall be appointed by the contractor soon after receipt
of the approval from Engineer -in- Charge and shall be available at
site before start of work.
All the provisions applicable to the principal technical representative
under the Clause will also be applicable to other technical
representative(s). The principal technical representative and other
technical representative(s) shall be present at site of work for
supervision at all times when any construction activity is in progress
and also present himself/themselves, as required to the Engineer -

65
Clauses of Contract

in- Charge and/ or his designated representative to take instructions.


Instructions given to the principal technical representative(s) or other
technical representative(s) shall be deemed to have the same force as
if these have been given to the contractor. The principal technical
representative and other technical representative(s) shall be actually
available at site fully during all stages of execution of work, during
recording/ checking/ test checking of measurement of works and
whenever so required by the Engineer -in- Charge and shall also note
down instructions conveyed by the Engineer -in- Charge or his
designated representative(s) in the site order book and shall affix his/
their signature in token of noting down the instructions and in token
of acceptance of measurements/ checked measurements/test
checked measurements. The representative(s) shall not look after any
other work. Substitutes, duly approved by Engineer in- Charge of
the work in similar manner as aforesaid shall be provided in event
of absence of any of the respresentative(s) by more than two days.
If the Engineer -in- Charge, whose decision in this respect is final and
binding on the contractor, is convinced that no such technical
representative(s) is/are effectively appointed or is/ are effectively
attending or fulfilling the provision of this clause, a recovery (non-
refundable) shall be effected from the contractor as specified in
Schedule F and the decision of the Engineer -in-Charge as recorded
in the site order book and measurement recorded/ checked/ test
checked in Measurement Books shall be final and binding on the
contractor. Further if the contractor fails to appoints suitable technical
Principal technical representative and/or other technical
representative(s) and if such appointed persons are not effectively
present or are absent by more than two days without duly approved
substitute or do not discharge their responsibilities satisfactorily, the
Engineer -in- Charge shall have full powers to suspend the execution
of the work until such date as suitable other technical
representative(s) is/ are appointed and the contractor shall be held
responsible for the delay so caused to the work. The contractor shall
submit a certificate of employment of the technical representative(s)
in the form of copy of Form 16 or CPF deduction issued to the
engineeres employed by him along with every on account bill/ final
bill and shall produce evidence if at any time so required by the
Engineer -in- Charge.
(ii) The contractor shall provide and employ on the site only such
technical assistants as are skilled and experienced in their respective
fields and such foremen and supervisory staff as are competent to give
proper supervision to the work.

66
Clauses of Contract

The contractor shall provide and employ skilled, semiskilled and


unskilled labour as is necessary for proper and timely execution of
the work.
The Engineer -in- Charge shall be at liberty to object to and require
the contractor to remove from the works any person who in his
opinion misconducts himself, or is incompetent or negligent in the
performance of his duties or whose employment is otherwise
considered by the Engineer -in- Charge to be undesirable. Such person
shall not be employed again at works site without the written
permission of the Engineer -in- Charge and the persons so removed
shall be replaced as soon as possible by competent substitutes.

CLAUSE 37
(i) Sales tax/work tax/ VAT/ Building and Construction Workers Levy/ taxes
Welfare Cess or any other tax or cess in respect of this contact shall payable by
be payable by the contractor and Jamia Millia Islamia shall not contractor
entertain any claim whatsoever in this respect. Service tax is not
payable by the Jamia Millia Islamia as per Government order on the
JMI Projects/ Works. However, if Service tax is made applicable on
JMI Projects/ Works, then the same shall be paid by the contractor to
the concerned department on demand and it will be reimbursed to
him by the Engineer -in- Charge after satisfying that it has been
actually and genuinely paid by the contractor.
(ii) The contractor shall deposit royalty and obtain necessary permit for
supply of the red bajri, stone, kankar, etc from local authorities.
(iii) If pursuant to or under any law, notification or order any royalty, cess
or the like becomes payable by Jamia Millia Islamia and does not any
time become payable by the contractor to the State Government, Local
authorities in respect of any material used by the contractor in the
works, then in such a case it shall be lawful to the Jamia Millia
Islamia/ Government of India and it will have the right and be
entitled to recover the amount paid in the circumstances as aforesaid
from dues of the contractor.

CLAUSE 38
(i) All tendered rates shall be inclusive of all taxes and levies (except Conditions for
Service Tax) payable under respective statutes. However, if any reimbursement of
further tax or levy or Cess is imposed by statute, after the last levy / taxes if
stipulated date for the receipt of tender including extensions if any levied after
and the contractor thereupon necessarily and properly pays such receipt of tenders.
taxes/ levies/ cess, the contractor shall be reimbursed the amount so

67
Clauses of Contract

paid, provided such payments, if any, is not, in the opinion of the


Engineer -in- Charge (whose decision shall be final and binding on
the contractor) attributable to delay in execution of work within the
control of the contractor.
Service Tax is not payable by the Jamia Millia Islamia as per
Government order on the JMI Projects/ Works. However, if Service
Tax is made applicable on JMI Projects/ Works, then the same shall
be paid by the Contractor to the concerned Department on demand
and it will be reimbursed to him by the Engineer -in- Charge after
satisfying that it has been actually and genuinely paid by the
Contractor.
(ii) The contractor shall keep necessary books of accounts and other
documents for the purpose of this condition as may be necessary and
shall allow inspection of the same by a duly authorized representative
of the Jamia Millia Islamia and/or the Engineer -in- Charge and shall
also furnish such other information/ document as the Engineer -in-
Charge may require from time to time.
(iii) The contractor shall, within a period of 30 days of the imposition of
any such further tax or levy or cess give a written notice thereof to
the Engineer -in- Charge that the same is given pursuant to this
condition, together with all necessary information relating there to.

CLAUSE 39
Termination of Without prejudice to any of the rights or remedies under this contract if
Contract on death the contractor dies, the Engineer -in- Charge on behalf of the Vice-Chancellor,
of contractor Jamia Millia Islamia shall have the option of terminating the contract
without compensation to the contractor.

CLAUSE 40
If relative The contractor shall not be permitted to tender for works in the Jamia Millia
working in Jamia Islamia responsible for award and execution of contracts in which his near
Millia Islamia then relative is posted as Section Officer/ Assistant Registrar/ Divisional
the Contractor not Accountant or as on Officer in any Capacity from AEE/AE and above. He
allowed to tender. shall also intimate the names of persons who are working with him in any
capacity or are subsequently employed by him and who are near relatives
to any Officer responsible for award and execution of contracts in Jamia
Millia Islamia. Any breach of this condition by the contractor would render
him liable to be debarred from tendering in Jamia Millia Islamia.
NOTE:- By the term near relatives is mean, wife, husband, parents and
grand parents, children and grand children, brothers and sisters, uncles,
aunts and cousins and their corresponding in laws.

68
Clauses of Contract

CLAUSE 41
No engineer employed in Building & Construction Department of the Jamia No Engineer to
Millia Islamia shall work as a contractor or employee of a contractor for a work as contractor
period of two years after his retirement from Jamia Millia Islamia service within two years
without the pervious permission of Jamia Millia Islamia in writing. This of retirement
contract is liable to be cancelled if either the contractor or any of his
employees is found at any time to be such a person who had not obtained
the permission of Jamia Millia Islamia as aforesaid, before submission of
the tender or engagement in the contractors service, as the case may be.

CLAUSE 42
(i) After completion of the work and also at any intermediate stage in Return of material
the event of non-reconciliation of materials issued, consumed and in and recovery for
balance (see Clause 10), theoretical quantity of materials issued excess material
by the Jamia Millia Islamia for use in the work shall be calculated on issued.
the basis and method given hereunder :-
(a) Quantity of cement & bitumen shall be calculated on the basis of
quantity of cement & bitumen required for different items of work
as shown in the Schedule of Rate mentioned in Schedule F. In
case any item is executed for which standard constants for the
consumption of cement or bitumen are not available in the above
mentioned schedule/ statement or can not be derived from the
same shall be calculated on the basis of standard formula to be
laid down by the Engineer-in-Charge.
(b) Theoretical quantity of steel reinforcement or structural steel
sections shall be taken as quantity required as per design or as
authorised by Engineer -in- Charge, including authorized
lappages, chairs etc. plus 3% wastage due to cutting into pieces,
such theoretical quantity being determined and compared with
the actual issues each diameterwise, sectionwise and
categorieswise separately.
(c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires
and cables, pig lead and G.I./M.S. sheets shall be taken as
quantity actually required and measured plus 5% for wastage due
to cutting in to pieces (except in the case of G.I./M.S. sheets it
shall be 10%), such determination and comparison being made
diameterwise and categorieswise.
(d) For any other material as per actual requirements.
(ii) Over the theoretical quantities of materials so computed a variation
shall be allowed as specified in Schedule F. The difference in the net
quantities of material actually issued to the contractor and the

69
Clauses of Contract

theoretical quantities including such authorized variation, if not


returned by the contractor or if not fully reconciled to the satisfaction
of the Engineer -in- Charge within fifteen days of the issue of written
notice by the Engineer -in- Charge to this effect shall be recovered at
the rate specified in Schedule F without prejudice to the provision
of the relevant conditions regarding return of materials governing the
contract. Decision of Engineer -in- Charge in regard to theoretical
quantities of materials, which should have been actually used as per
the Annexure of the standard schedule of rates and recovery at rates
specified in Schedule F shall be final & binding on the contractor.
For non-scheduled items, the decision of the Engineer -in- Charge
regarding theoretical quantities of materials, which should have been
actually used, shall be final and binding on the contractor.
(iii) The said action under this clause is without prejudice to the right of
the Jamia Millia Islamia to take action against the contractor under
any other conditions of contract for not doing the work according to
the prescribed specifications.

CLAUSE 43
Compensation The work (Whether fully constructed or not) and all materials, machines,
during warlike tools and plants, scaffolding, temporary buildings and other things
situations connected therewith shall be at the risk of the contractor until the work has
been delivered to the Engineer -in- Charge and a certificate from him to
that effect obtained. In the event of the work or any materials properly
brought to the site for incorporation in the work being damaged or
destroyed in consequence of hostilities or warlike operation, the contractor
shall when ordered (in writing) by the Engineer -in- Charge to remove any
debris from the site, collect and properly stack or remove in store all
serviceable materials salvaged from the damaged work and shall be paid
at the contract rates in accordance with the provision of this agreement for
the work of clearing the site of debris, staking or removal of serviceable
material and for reconstruction of all works ordered by the Engineer -in-
Charge, such payment being in addition to compensation up to the value
of the work originally executed before being damaged or destroyed and
not paid for. In case of works damaged or destroyed but not already
measured and paid for, the compensation shall be assessed by the Engineer
-in- Charge up to Rs. 5000/-. The contractor shall be paid for the damages/
destruction suffered and for the restoring the material at the rate based on
analysis of rates tendered for in accordance with the provision of the
contract. The certificate of the Engineer -in- Charge regarding the quality
and quantity of materials and the purpose for which they were collected
shall be final and binding on all parties to this contract.

70
Clauses of Contract

Provided always that no compensation shall be payable for any loss in


consequence of hostilities or warlike operation (a) unless the contractor had
taken such precautions against air raid as are deemed necessary by the
A.R.P. Officers or the Engineer -in- Charge (b) for any material etc. not on
the site of the work or for any tools, plants, machinery, scaffolding,
temporary building and other things not intended for the work.
In the event of the contractor having to carry out reconstruction as aforesaid,
he shall be allowed such extension of time for its completion as is
considered reasonable by the Engineer -in- Charge.

CLAUSE 44
The contractor shall comply with the provisions of the Apprentices Act, Apprentices Act
1961 and the rules and orders issued thereunder from time to time. If he provisions to be
fails to do so, his failures will be a breach of the contract and the Engineer complied with
-in- Charge may, in his discretion cancel the contract. The contractor shall
also be liable for any pecuniary liability arising on account of any violation
by him of the provision of the said Act.

CLAUSE 45
Security Deposit of the work shall not be refunded till the contractor Release of
produces a clearance certificate from the Labour Officer. As soon as the Security deposit
work is virtually complete the contractor shall apply for the clearance after labour
certificate to the Labour Officer under intimation to the Engineer -in- clearance
Charge. The Engineer -in- Charge on receipt of the said communication,
shall write to the Labour Officer to intimate if any complaint is pending
against the contractor in respect of the work. If no complaint is pending,
on record till after 3 months after completion of the work and/or no
communication is received from the Labour Officer to this effect till six
months after the due date of completion, it will be deemed to have received
the clearance certificate and the Security Deposit will be released if
otherwise due.

71
INTEGRITY PACT

To
..............
..............
..............

Sub: NIT No. . for the work ..........................

Dear Sir,

It is hereby declared that Jamia Millia Islamia is committed to follow


the principle of transparency, equity and competitiveness in public
procurement.

The subject Notice Inviting Tender (NIT) is an invitation to offer


made on the condition that the bidder will sign the integrity Agreement,
which is an integral part of tender/bid documents, failing which the
tenderer/bidder will stand disqualified from the tendering process and the
bid of the bidder would be summarily rejected.

This declaration shall form part and parcel of the integrity


Agreement and signing of the same shall be deemed as acceptance and
signing of the integrity Agreement on behalf of the Jamia Millia Islamia.

Yours faithfully

University Superintending Engineer


Building & Construction Department
Jamia Millia Islamia, New Delhi-110025

72
INTEGRITY PACT

To
University Superintending Engineer
Building & Construction Department
Jamia Millia Islamia, New Delhi-110025
Sub: Submission of Tender for the work of ..
Dear Sir,
I/We acknowledge that Jamia Millia Islamia is committed to follow
the principles thereof as enumerated in the integrity Agreement enclosed
with the tender/bid document.

I/We agree that the Notice Inviting Tender (NIT) is an invitation to


offer made on the condition that I/We will sign the enclosed integrity
Agreement, which is an integral part of tender documents, failing which
I/We will stand disqualified from the tendering process. I/We
acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS
AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition
of the NIT.

I/We confirm acceptance and compliance with the integrity


Agreement in letter and spirit and further agree that execution of the said
Integrity Agreement shall be separate and distinct from the main contract,
which will come into existence when tender/ bid is finally accepted by JMI.
I/We acknowledge and accept the duration of the Integrity Agreement,
which shall be in the line with Article 1 of the enclosed Integrity Agreement.

I/We acknowledge that in the event of my/our failure to sign and


accept the integrity Agreement, while submitting the tender/bid, JMI shall
have unqualified, absolute and unfettered right to disqualify the tenderer/
bidder and reject the tender/bid is accordance with terms and conditions
of the tender/bid.
Yours faithfully

(Duly authorized signatory of the Bidder)

73
Integrity Pact

To be signed by the bidder and same signatory competent/


authorized to sign the relevant contract on behalf of JMI

INTEGRITY AGREEMENT

This Integrity Agreement is made at on this day

of . 20..

BETWEEN

Vice-Chancellor represented through university superintending Engineer

Building & Construction Department (Hereinafter referred as the Principal/


Owner, which expression shall unless repugnant to the meaning or context
hereof include its successors and permitted assigns)

AND

...........
(Name and Address of the Individual/ Firm/ Company)

through . (Hereinafter referred to as the


(Details of duly authorized signatory)

Bidder/ Contractor and which expression shall unless repugnant to the


meaning or context hereof include its successors and permitted assigns)

Preamble
WHEREAS the Principal/ Owner has floated the Tender (NIT No.
..........) (hereinafter referred to as Tender/Bid) and intends
to award, under laid down organizational procedure, contract for

............................
(Name of work)

hereinafter referred to as the Contract.

AND WHEREAS the Principal/Owner values full compliance with all


relevant laws of the land, rules, regulations, economic use of resources and
of fairness/transparency in its relation with its Bidder(s) and Contractor(s).

74
Integrity Pact

AND WHEREAS to meet the purpose aforesaid both the parties have
agreed to enter into this Integrity Agreement (hereinafter referred to as
Integrity Pact or Pact), the terms and conditions of which shall also be
read as integral part and parcel of the Tender/Bid documents and Contract
between the parties.
NOW, THEREFORE, in consideration of mutual covenants
contained in this Pact, the parties hereby agree as follows and this Pact
witnesses as under:
Article 1: Commitment of the Principal/Owner
(1) The Principal/Owner commits itself to take all measures necessary
to prevent corruption and to observe the following principles:
(a) No employee of the Principal/Owner, personally or through
any of his/her family members, will in connection with the
Tender, or the execution of the Contract, demand, take a
promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all
Bidder(s) with equity and reason. The Principal/Owner will,
in particular, before and during the Tender process, provide
to all Bidder(s) the same information and will not provide to
any Bidder(s) confidential/ additional information through
which the Bidder(s) could obtain an advantage in relation to
the Tender process or the Contract execution.
(c) The Principal/ Owner shall endeavour to exclude from the
Tender process any person whose conduct in the past has been
of biased nature.
(2) If the Principal/ Owner obtains information on the conduct of any of
its employees which is a criminal offence under the Indian Penal Code
(IPC)/ Prevention of Corruption Act, 1988 (PC Act) or is in violation
of the principles herein mentioned or if there be a substantive
suspicion in this regard, the Principal/ Owner will inform the Chief
Vigilance Officer, and in addition can also initiate disciplinary actions
as per its internal laid down policies and procedures.

Article 2: Commitment of the Bidder(s)/ Contractor(s)


(1) It is required that each Bidder/ Contractor (including their respective
officers, employees and agents) adhere to the highest ethical standards,

75
Integrity Pact

and report to the JMI all suspected acts of fraud or corruption or


Coercion or Collusion of which it has knowledge or becomes aware,
during the tendering process and throughout the negotiation or award
of a contract.

(2) The Bidder(s)/ Contractor(s) commits himself to take all measures


necessary to prevent corruption. He commits himself to observe the
following principles during his participation in the Tender process
and during the Contract execution:

(a) The Bidder(s)/ Contractor(s) will not, directly or through any


other person or firm, offer, promise or give to any of the
Principal/ Owners employees involved in the Tender process
or execution of the Contract or to any third person any material
or other benefit which he/ she is not legally entitled to, in order
to obtain in exchange any advantage of any kind whatsoever
during the Tender process or during the execution of the
Contract.
(b) The Bidder(s)/ Contractor(s) will not enter with other Bidder(s)
into any undisclosed agreement or understanding, whether
formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission
or non-submission of bids or any other actions to restrict
competitiveness or to cartelize in the bidding process.
(c) The Bidder(s)/ Contractor(s) will not commit any offence under
the relevant IPC/ PC Act. Further the Bidder(s)/ Contractor(s)
will not use improperly, (for the purpose of competition or
personal gain), or pass on to others, any information or
documents provided by the Principal/ Owner as part of the
business relationship, regarding plans, technical proposals and
business details, including information contained or
transmitted electronically.
(d) The Bidder(s)/ Contractor(s) of foreign origin shall disclose the
names and addresses of agents/ representatives in India, if any.
Similarly Bidder(s)/ Contractor(s) of Indian Nationality shall
disclose names and addresses of foreign agents/
representatives, if any. Either the Indian agent on behalf of the
foreign principal or the foreign principal directly could bid in
a tender but not both. Further, in cases where an agent
participate in a tender on behalf of one manufacturer, he shall

76
Integrity Pact

not be allowed to quote on behalf of another manufacturer


along with the first manufacturer in a subsequent/ parallel
tender for the same item.
(e) The Bidder(s)/ Contractor(s) will, when presenting his bid,
disclose any and all payments he has made, is committed to
or intends to make to agents, brokers or any other
intermediaries in connection with the award of the Contract.
(3) The Bidder(s)/ Contractor(s) will not instigate third persons to commit
offences outline above or be an accessory to such offences.

(4) The Bidder(s)/ Contractor(s) will not, directly or through any other
person or firm indulge in fraudulent practice means a willful
misrepresentation or omission of facts or submission of fake/forged
documents in order to induce public official to act in reliance thereof,
with the purpose of obtaining unjust advantage by or causing damage
to justified interest of others and/or to influence the procurement
process to the detriment of the JMI/ Government interests.

(5) The Bidder(s)/ Contractor(s) will not, directly or through any other
person or firm use Coercive Practices (means the act of obtaining
something, compelling an action or influencing a decision through
intimidation, threat or the use of force directly or indirectly, where
potential or actual injury may befall upon a person, his/her
reputation or property to influence their participation in the tendering
process).

Article 3: Consequences of Breach


Without prejudice to any rights that may be available to the Principal/
Owner under law or the Contract or its established policies and laid down
procedures, the Principal/ Owner shall have the following rights in case
of breach of this Integrity Pact by the Bidder(s)/ Contractor(s) and the
Bidder/ Contractor accepts and undertakes to respect and uphold the
Principal/ Owners absolute right:

(1) If the Bidder(s)/ Contractor(s), either before award or during


execution of Contract has committed a transgression through a
violation of Article 2 above or in any other form, such as to put his
reliability or credibility in question, the Principal/ Owner after giving
14 days notice to the contractor shall have powers to disqualify the
Bidder(s)/ Contractor(s) from the Tender process or terminate/

77
Integrity Pact

determine the Contract, if already executed or exclude the Bidder/


Contractor from the future contract award processes. The imposition
and duration of the exclusion will be determined by the severity of
transgression and determined by the Principal/ Owner. Such exclusion
may be forever or for a limited period as decided by the Principal/
Owner.

(2) Forfeiture of EMD/ Performance Guarantee/ Security Deposit: If the


Principal/ Owner has disqualified the Bidder(s) from the Tender
process prior to the award of the Contract or terminated/ determined
the Contract or has accrued the right to terminate/ determine the
Contract according to Article 3(1), the Principal/ Owner apart from
exercising any legal rights that may have accrued to the Principal/
Owner, may in its considered opinion forfeit the entire amount of
Earnest Money Deposit, Performance Guarantee and Security Deposit
of the Bidder/ Contractor.

(3) Criminal Liability: If the Principal/ Owner obtains knowledge of


conduct of a Bidder or Contractor, or of an employee or a
representative or an associate of a Bidder or Contractor which
constitutes corruption within the meaning of IPC Act, or if the
Principal/ Owner has substantive suspicion in this regard, the
Principal/ Owner will inform the same to law enforcing agencies for
further investigation.

Article 4: Previous Transgression


(1) The Bidder declares that no previous transgressions occurred in
the last 5 years with any other Company in any country confirming
to the anti-corruption approach or with Central Government or
State Government or any other Central/ State Public Sector
Enterprises in India that could justify his exclusion from the Tender
process.

(2) If the Bidder makes incorrect statement on this subject, he can be


disqualified from the Tender process or action can be taken for
banning of business dealings/ holiday listing of the Bidder/
Contractor as deemed fit by the Principal/ Owner.

(3) If the Bidder/ Contractor can prove that he has resorted/ recouped
the damage caused by him and has installed a suitable corruption
prevention system, the Principal/ Owner may, at its own discretion,
revoke the exclusion prematurely.

78
Integrity Pact

Article 5: Equal Treatment of all Bidders/ Contracts/ Subcontractors


(1) The Bidder(s)/ Contractor(s) undertake(s) to demand from all
subcontractors a commitment in conformity with this Integrity Pact.
The Bidder/ Contractor shall be responsible for any violation(s) of the
principles laid down in this agreement/ Pact by any of its
subcontractors/ Sub-vendors.

(2) The Principle/ Owner will enter into Pacts on identical terms as this
one with all Bidders and Contractors.

(3) The Principal/ Owner will disqualify Bidders, who do not submit,
the duly signed Pact between the Principal/ Owner and the bidder,
along with the Tender or violate its provisions at any stage of the
Tender process, from the Tender process.

Article 6: Duration of the Pact


This Pact begins when both the parties have legally signed it. It expires
for the Contractor/ Vendor 12 months after the completion of work under
the contract or till the continuation of defect liability period, whichever is
more and for all other bidders, till the Contract has been awarded.

If any claim is made/ lodged during the time, the same shall be binding
and continue to be valid despite the lapse of this Pacts as specified above,
unless it is discharged/determined by the Competent Authority, JMI.

Article 7: Other Provisions


(1) This Pact is subject to Indian Law place of performance and
jurisdiction is the Head Quarter of JMI i.e. New Delhi/ Delhi.

(2) Changes and supplements need to be made in writing. Side


agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this Pact must be


signed by all the partners or by one or more partner holding power
of attorney signed by all partners and consortium members. In case
of a Company, the Pact must be signed by a representative duly
authorized by board resolution.

(4) Should one or several provisions of this Pact turn out to be invalid;
the remainder of this Pact remains valid. In this case, the parties will
strive to come to an agreement to their original intensions.

79
Integrity Pact

(5) It is agreed term and condition that any dispute or difference arising
between the parties with regard to the terms of this integrity/
Agreement/ Pact, any action taken by the Owner/ Principal in
accordance with this Integrity Agreement/ Pact or interpretation
thereof shall not be subject to arbitration.

Article 8: Legal and Prior Rights


All rights and remedies of the parties hereto shall be in addition to all the
other legal rights and remedies belonging to such parties under the
Contract and/or law and the same shall be deemed to be cumulative and
not alternative to such legal rights and remedies aforesaid. For the sake of
brevity, both the Parties agree that this Integrity Pact will have precedence
over the Tender/ Contact documents with regard any of the provisions
covered under this Integrity Pact.

IN WITNESS WHEREOF the parties have signed and executed this


Integrity Pact at the place and date first above mentioned in the presence
of following witnesses.

__________________________________
(For and on behalf of Proprietor / Owner)

__________________________________
(For and on behalf of Bidder/ Contractor)

WITNESSES
1.
(signature, name and address)

2.
(signature, name and address)

Place :
Dated:

80
CPWD Safety Code

CPWD SAFETY CODE AS APPLICABLE FOR


JAMIA MILLIA ISLAMIA WORKS

1. Suitable scaffolds should be provided for workmen for all works that
cannot safely be done from the ground, or from solid construction
except such short period work as can be done safely from ladders.
When a ladder is used, an extra mazdoor shall be engaged for holding
the ladder and if the ladder is used for carrying material as well
suitable footholds and hand- hold shall be provided on the ladder
and the ladder shall be given an inclination not steeper than to 1(1/
4 horizontal and 1 vertical).
2. Scaffolding of staging more than 3.6m(12ft.) above he ground or floor,
swung or suspended from an overhead support or erected with
stationary support shall have a guard rail properly attached or bolted,
braced and otherwise secured at least 90cm(3ft.) high above the floor
or platform of such scaffolding or staging and extending along the
entire length of the outside and ends there of with only such opening
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.
3. Working platforms, gangways and stairways should be so constructed
that they should not sag unduly or unequally, and if the height of the
platform or the gangway or the stairway is more than 3.60m (12 ft.)
above ground level or floor level, they should be closely boarded,
should have adequate width and should be suitably fastened as
described in (2) above.
4. Every opening in the floor of a building or in a working platform shall
be provided with suitable means to prevent the fall of person or
materials by providing suitable fencing or railing whose minimum
height shall be 90 cm (3 ft.)
5. Safe means of access shall be provided to all working platforms and
other working places. Every ladder shall be securely fixed. No
portable single ladder shall be over 9 m (30ft.) in length while the width
between side rails in rung ladder shall in no case be less than 29 cm
(11.6") for ladder upto and including 3 m (10 ft.) in length. For longer
ladders, this width should be increased at least for each additional
30 cm (1 foot) of length. Uniform step spacing of not more than 30cm

81
CPWD Safety Code

shall be kept. Adequate precautions shall be taken to prevent danger


from electrical equipment. No materials on any of the sites or work
shall be so stacked or placed as to cause danger or inconvenience to
any person or the public. The contractor shall provide all necessary
fencing and lights to project the public from accident and shall be
bound to bear the expenses of defence of every suit, action or other
proceedings at law that may be brought by any person for injury
sustained owing to neglect of the above precautions and to pay any
damages and cost which may be awarded in any such suit; action or
proceedings to any such person or which may, with the consent of
the contractor, be paid to compensate any claim by any such person.

6. (a) Excavation and Trenching All trenches 1.2 m. (4 ft.) or more


in depth, shall at all times be supplied with at least one ladder
for each 30 m (100 ft.) in length or fraction thereof, Ladder shall
extend from bottom of the trench to at least 90 cm (3 ft.) above
the surface of the ground. The side of the trenches which are
1.5 m. (5 ft.) or more in depth shall be stepped back to give
suitable slope or securely held by timber bracing, so as to avoid
the danger of sides collapsing. The excavated materials shall
not be placed within 1.5 m. (5 ft.) of the edges of the trench or
half of the depth of the trench whichever is more. Cutting shall
be done from top to bottom. Under no circumstances
undermining or undercutting shall be done.
(b) Safety Measures for digging bore holes :
(i) If the borewell is successful, it should be safely capped to
avoid caving and collapse of the borewell. The failed and
the abandoned ones should be completely refilled to avoid
caving and collapses;
(ii) During drilling, Signboards should be erected near the site
with the address of the drilling contractor and the Engineer
-in- Charge of the work;
(iii) Suitable fencing should be erected around the well during
the drilling and after the installation of the rig on the point
of drilling, flags shall be put 50m around the point of
drilling to avoid entry of people;
(iv) After drilling to borewell, a cement platform (0.5m x 0.5m
x 1.2 m) 0.6m above the ground level and 0.60m below
ground level should be constructed round the well caving;

82
CPWD Safety Code

(v) After the completion of the borewell the contractor should


cap the borewell properly by welding steel plate, cover the
borewell with the drilled wet soil and fix the thorny shrubs
over the soil. This should be done even while repairing the
pump;
(vi) After the borewell is drilled, the entire site should be
brought to the ground level.
7. Demolition -- before any demolition work is commenced and also
during the progress of the work,

i) All roads and open areas adjacent to the work site shall either
be closed or suitably protected.
ii) No electric cable or apparatus which is liable to be a source of
danger or a cable or apparatus used by the operator shall
remain electrically charged.
iii) All practical steps shall be taken to prevent danger to persons
employed from risk of fire or explosion or flooding. No floor,
roof or other part of the building shall be so overloaded with
debris or materials as to render it unsafe.
8. All necessary personal safety equipment as considered adequate by
the Engineer -in- Charge should be kept available for the use of the
person employed on the site and maintained in a condition suitable
for immediate use, and the contractor should take adequate steps to
ensure proper use of equipment by those concerned:
The following safety equipment shall invariably be provided
(i) Workers employed on mixing asphaltic materials, cement and
lime mortars shall be provided with protective footwear and
protective goggles.
(ii) Those engaged in white washing and mixing or stacking of
cement bags or any material which is injurious to the eyes, shall
be provided with protective goggles.
(iii) Those engaged in welding works shall be provided with
welders protective eye shields.
(iv) Stone breaker shall be provided with protective goggles and
protective clothing and seated at sufficiently safe intervals.

83
CPWD Safety Code

(v) When workers are employed in sewers and manholes, which


are in active use, the contractors shall ensure that the manhole
covers are opened and ventilated at least for an hour before the
workers are allowed to get into the manholes, and the manholes
so opened shall be cordoned off with suitable railing and
provided with warning signals or boards to prevent accident
to the public. In addition, the contractor shall ensure that the
following safety measure are adhered to:
a) Entry for workers into the line shall not be allowed except
under supervision of the JE or any other higher officer.
b) At least 5 to 6 manholes upsteam and downstream should
be kept open for at least 2 to 3 hours before any man is
allowed to enter into the manhole for working inside.
c) Before entry, presence of Toxic gases should be tested by
inserting wet lead acetate paper which changes colour in
the presence of such gases and gives indication of their
presence.
d) Presence of Oxygen should be verified by lowering a
detector lamp into the manhole. In case, no Oxygen is found
inside the sewer line, workers should be sent only with
Oxygen kit.
e) Safety belt with rope should be provided to the workers.
While working inside the manholes, such rope should be
handled by two men standing outside to enable him to be
pulled out during emergency.
f) The area should be barricaded or cordoned of by suitable
means to avoid mishaps of any kind. Proper warning sings
should be displayed for the safety of the public whenever
cleaning works are undertaken during night or day.
g) No smoking or open flames shall be allowed near the
blocked manhole being cleaned.
h) The malba obtained on account of cleaning of blocked
manholes and sewer lines should be immediately removed
to avoid accidents on account of slippery nature of the malba.
i) Workers should not be allowed to work inside the manhole
continuously. He should be given rest intermittently. The
Engineer -in- Charge may decide the time up to which a

84
CPWD Safety Code

worker may be allowed to work continuously inside the


manhole.
j) Gas masks with Oxygen Cylinder should be kept at site for
use in emergency.
k) Air-blowers should be used for flow of fresh air through
the manholes. Whenever called for portable air blowers are
recommended for ventilating the manholes. The motors for
these shall be vapour proof and totally enclosed type. Non
sparking gas engines also could be used but they should
be placed at least 2 metres away from the opening and on
the leeward side protected from wind so that they will not
be a source of friction on any inflammable gas that might
be present.
l) The workers engaged for cleansing the manholes/ sewers
should be properly trained before allowing work in the
manhole.
m) The workers shall be provided with Gumboots or non-
sparking shoes bump helmets and gloves non-sparking
tools safety lights and gas masks and portable air blowers
(when necessary). They must be supplied with barrier
cream for anointing the limbs before working inside the
sewer lines.
n) Workmen descending a manhole shall try each ladder stop
or rung carefully before putting his full weight on it to
guard against insecure fastening due to corrosion of the
rung fixed to manhole well.
o) If a man has received a physical injury, he should be
brought out of the sewer immediately and adequate
medical aid should be provided to him.
p) The extent to which these precautions are to be taken
depend on individual situation but the decision of the
Engineer -in- Charge regarding the steps to be taken in this
regard in an individual case will be final.
(vi) The contractor shall not employ men and women below the age
of 18 years on the work of painting with products containing
lead in any from. Wherever men above the age of 18 are

85
CPWD Safety Code

employed on the work of lead painting, the following


precaution should be taken:
a) No paint containing lead or lead products shall be used
except in the form of paste or readymade paint.
b) Suitable face masks should be supplied for use by the
workers when paint is applied in the form of spray or a
surface having lead paint is dry rubbed and scraped.
c) Overalls shall be supplied by the contractors to the
workmen and adequate facilities shall be provided to
enable the working painters to wash during and on the
cessation of work.
9. An additional clause (VIII)(i) of Central Public Works Department
Safety Code (iv) the contractor shall not employ women and men
below the age of 18 on the work of painting with product containing
lead in any form, wherever men above the age of 18 are employed
on the work of lead painting, the following principles must be
observed for such use.
(i) White lead, sulphate of lead or product containing these
pigment, shall not be used in painting operation except in the
form of pastes or paint ready for use.
(ii) Measures shall be taken, wherever required in order to prevent
danger arising from the application of paint in the form of spray.
(iii) Measures shall be taken, wherever practicable, to prevent
danger arising out of from dust caused by dry rubbing down
and scraping.
(iv) Adequate facilities shall be provided to enable working
painters to wash during and on cessation of work.
(v) Overall shall be worm by working painters during the whole
of working period.
(vi) Suitable arrangement shall be made to prevent clothing put off
during working hours being spoiled by painting materials.
(vii) Case of lead poisoning and suspected lead poisoning shall be
notified and shall be subsequently verified by medical man
appointed by Vice Chancellor, Jamia Millia Islamia.
(viii) JMI may require, when necessary medical examination of
workers.

86
CPWD Safety Code

(ix) Instruction with regard to special hygienic precautions to be


taken in the painting trade shall be distributed to working
painters.
10. When the work is done near any 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 obtained during the course of the
work.

11. Use of hoisting machines and tackle including their attachments,


anchorage and supports shall conform to the following standards or
conditions:
(i) (a) These shall be of good mechanical construction, sound
materials and adequate strength and free from patent
defects and shall be kept repaired & good working order.
(b) Every rope used in hoisting or lowering materials or as a
means of suspension shall be of durable quality and
adequate strength, and free from patent defects.
(ii) Every crane driver or hoisting appliance operator, shall be
properly qualified and no person under the age of 21 years
should be in charge of any hoisting machine including any
scaffolding winch or given signals to operator.
(iii) In case of every hoisting machine and of every chain ring hook,
shackle swivel and pulley block used in hoisting or as means
of suspension, the safe working load be ascertained by
adequate means. Every hoisting machine and all gear referred
to above shall be plainly marked with the safe working load.
In case of a hoisting machine having a variable safe working
load each safe working load and the condition under which it
is applicable shall be clearly indicated. No part of any
machine or any gear referred to above in this paragraph shall
be loaded beyond the safe working load except for the
purpose of testing.

(iv) In case of departmental machines, the safe working load shall


be notified by the Electrical Engineer -in- Charge. As regards
contractors machines the contractors shall notify the safe
working load of the machine to the Engineer -in- Charge

87
CPWD Safety Code

whenever he brings any machinery to site of work and get it


verified by Electrical Engineer concerned.

12. Motors, gearing, transmission, electric wiring and other dangerous


parts of hoisting appliances should be provided with efficient
safeguards. Hoisting appliances should be provided with such means
as will reduce to the minimum the risk of accidental descent of the
load. Adequate precautions should be taken to reduce to the
minimum the risk of any part of a suspended load becoming
accidentally displaced. When workers are employed on electrical
installations which are already energized, insulating mats, wearing
apparel, such as gloves, sleeves and boots as may be necessary should
be provided. The worker should not wear any rings, watches and carry
keys or other materials which are good conductors of electricity.

13. All scaffolds, ladders and other safety devices mentioned or described
herein shall be maintained in safe condition and no scaffold, ladder
or equipment shall be altered or removed while it is in use. Adequate
washing facilities should be provided at or near places of work.

14. These safety provisions should be brought to the notice of all


concerned by display on a notice board at a prominent place at work
spot. The person responsible for compliance of the safety code shall
be named therein by the contractor.

15. To ensure effective enforcement of the rules and regulations relating


to safety precautions the arrangements made by contractor shall be
open to inspection by the Labour Officer or Engineer -in- Charge of
the department or their representatives.

16. Notwithstanding the above clauses from (1) to (15), there is nothing
in these to exempt the contractor from the operation of any other Act
or Rule in force in the Republic of India.

88
MODEL RULES FOR THE PROTECTION OF HEALTH
AND SANITARY ARRANGEMENTS FOR WORKERS
EMPLOYED BY THE CONTRACTORS FOR
JAMIA MILLIA ISLAMIA WORK(S)

1. APPLICATION
These rules shall apply to all buildings and construction works in
charge of B & C Department, Jamia Millia Islamia in which twenty or
more workers are ordinarily employed or are proposed to be
employed in any day during the period during which the contract
work is in progress.

2. DEFINITION
Work place means a place where twenty or more workers are
ordinarily employed in connection with construction work on any day
during the period during which the contract works is in progress.

3. FIRST-AID FACILITIES
(i) At every work place, there shall be provided and maintained,
so as to be easily accessible during working hours, firstaid
boxes at the rate of not less than one box for 150 contract labour
or part thereof ordinarily employed.
(ii) The first-aid box shall be distinctly marked with a red cross on
white background and shall contain the following equipment:
a) For work places in which the number of contract Labour
employed does not exceed 50.
Each first-aid box shall contain the following equipments:
1. 6 Small sterilized dressings.
2. 3 medium size sterilized dressings.
3. 3 large size sterilized dressings.
4. 3 large sterilized burn dressings.
5. 1 (30 ml.) bottle containing a two per cent alcoholic
solution of iodine.
6. 1 (30 ml.) bottle containing salvolatile having the dose
and mode of administration indicated on the label.

89
Protection of Health and Sanitary

7. 1 snakebite lancet.
8. 1 (30 gms.) bottle of potassium permanganate crystals.
9. 1 pair scissors.
10. 1 copy of the first-aid leaflet issued by the Director
General, Factory Advice Service and Labour Institutes,
Government of India.
11. 1 bottle containing 100 tablets (each of 5 gms.) of
aspirin.
12. Ointment for burns.
13. A bottle of suitable surgical antiseptic solution.
(b) For work places in which the number of contract labour
exceed 50.
Each first-aid box shall contain the following equipments.
1. 12 Small sterilized dressings.
2. 6 medium size sterilized dressings.
3. 6 large size sterilized dressings.
4. 6 large size sterilized burn dressings.
5. 6 (15 gms.) Packets sterilized cotton wool.
6. 1 (60 ml.) bottle containing a two percent alcoholic
solution iodine.
7. 1 (60ml.) bottle containing salvolatile having the dose
and mode of administration indicated on the label.
8. 1 roll of adhesive plaster.
9. 1 snakebite lancet.
10. (30 gms.) bottle of potassium permanganate crystals.
11. 1 Pair scissors.
12. 1 copy of the first-aid leaflet issued by the Director
General Factory Advice Service and Labour Institutes/
Government of India.
13. A bottle containing 100 tablets (each of 5 gms.) of
aspirin.
14. Ointment for burns.
15. A bottle of suitable surgical antiseptic solution.
(iii) Adequate arrangements shall be made for immediate
recoupment of the equipment when necessary.

90
Protection of Health and Sanitary

(iv) Nothing except the prescribed contents shall be kept in the


Firstaid box.
(v) The First aid box shall be kept in charge of a responsible
person who shall always be readily available during the
working hours of the work place.
(vi) A person in charge of the First-aid box shall be a person trained
in First-Aid treatment in the work places where the number of
contract labour employed is 150 or more.
(vii) In work places where the number of contract labour employed
is 500 or more and hospital facilities are not available within
easy distance from the works,. First-aid posts shall be
established and run by a trained compounder. The
Compounder shall be on duty and shall be available at all
hours when the workers are at work.
(viii) Where work places are situated in places which are not towns
or cities, a suitable motor transport shall be kept readily
available to carry injured person or person suddenly taken ill
to the nearest hospital.

4. DRINKING WATER
(i) In every work place, there shall be provided and maintained
at suitable places, easily accessible to labour, a sufficient
supply of cold water fit for drinking.
(ii) Where drinking water is obtained from an intermittent public
water supply, each work place shall be provided with storage
where such drinking water shall be stored.
(iii) Every water supply or storage shall be at a distance of not less
than 50 feet from any latrine drain or other source of pollution.
Where water has to be drawn from an existing well which is
within such proximity of latrine, drain or any other source of
pollution, the well shall be properly chlorinated before water
is drawn from it for drinking. All such wells shall be entirely
closed in and be provided with a trap door which shall be dust
and waterproof.
(iv) A reliable pump shall be fitted to each covered well, the trap
door shall be kept locked and opened only for cleaning or
inspection which shall be done at least once a month.

91
Protection of Health and Sanitary

5. WASHING FACILITIES
(i) In every work place adequate and suitable facilities for washing
shall be provided and maintained for the use of contract labour
employed therein.
(ii) Separate and adequate cleaning facilities shall be provided for
the use of male and female workers.
(iii) Such facilities shall be conveniently accessible and shall be kept
in clean and hygienic condition.

6. LATRINES AND URINALS


(i) Latrines shall be provided in every work place on the following
scale namely:-
(a) Where female are employed, there shall be at least one
latrine for every 25 females.
(b) Where males are employed, there shall be at lest one latrine
for every 25 males.
Provided that where the number of males or females
exceeds 100, it shall be sufficient if there is one latrine for
25 males or females as the case may be up to the first 100,
and one for every 50 thereafter.
(ii) Every latrine shall be under cover and so partitioned off as to
secure privacy, and shall have a proper door and fastenings.
(iii) Construction of Latrine: The inside walls shall be constructed
of masonry or some suitable heat-resisting nonabsorbent
materials and shall be cement washed inside and outside at
least once a year, Latrines shall not be of a standard lower than
borehole system.
(iv) (a) Where workers of both sexes are employed, there shall
be displayed outside each block of latrine and urinal, a
notice in the language understood by the majority of the
workers For Men Only or For Women Only as the
case may be.
(b) The notice shall also bear the figure of a man or of a
woman, as the as may be.
(v) There shall be at least one urinal for male workers up to 50 and
one for female workers up to fifty employed at a time, provided
that where the number of male or female workmen, as the case

92
Protection of Health and Sanitary

may be exceeds 500, it shall be sufficient if there is one urinal


for every 50 males or females up to the first 500 and one for
every 100 or part thereafter.
(vi) (a) The latrines and urinals shall be adequately lighted and shall
be maintained in a clean and sanitary condition at all times.
(b) Latrines and urinals other than those connected with a
flush sewage system shall comply with the requirements
of the Public Health Authorities.
(vii) Water shall be provided by means of tap or otherwise so as to
be conveniently accessible in or near the latrines and urinals.
(viii) Disposal of excreta: Unless otherwise arranged for by the local
sanitary authority, arrangements for proper disposal of excreta
by incineration at the work place shall be made by means of a
suitable incinerator. Alternately excreta may be disposed of by
putting a layer of night soil at the bottom of a pucca tank
prepared for the purpose and covering it with a 15 cm. layer
of waste or refuse and then covering it with a layer of earth for
a fortnight (when it will turn to manure).
(ix) The contractor shall at his own expense, carry out all
instructions issued to him by the Engineer -in- Charge to effect
proper disposal of night soil and other conservancy work in
respect of the contractors workmen or employees on the site.
The contractor shall be responsible for payment of any charges
which may be levied by Municipal or Cantonment Authority
for execution of such on his behalf.

7. PROVISION OF SHELTER DURING REST


At every place there shall be provided, free of cost, four suitable
sheds, two for meals and the other two for rest separately for the use
of men and women labour. The height of each shelter shall not be less
than 3 meters (10 ft.) from the floor level to the lowest part of the roof.
These shall be kept clean and the space provided shall be on the basis
of 0.6 Sqm.(6 sft) per head.
Provided that the Engineer -in- Charge may permit subject to his
satisfaction, a portion of the building under construction or other
alternative accommodation to be used for the purpose.

8. CRCHES
(i) At every work place, at which 20 or more women worker are

93
Protection of Health and Sanitary

ordinarily employed, there shall be provided two rooms of


reasonable dimensions for the use of their children under the
age of six years. One room shall be used as a play room for
the children and the other as their bedroom. The rooms shall
be constructed with specifications as per clause 19H(ii) a,b & c.
(ii) The rooms shall be provided with suitable and sufficient
openings for light and ventilation. There shall be adequate
provision of sweepers to keep the places clean.
(iii) The contractor shall supply adequate number of toys and
games in the playroom and sufficient number of cots and
beddings in the bedroom.
(iv) The contractor shall provide one ayaa to look after the children in
the crche when the number of women workers does not exceed
50 and two when the number of women workers exceed 50.
(v) The use of the rooms earmarked as crches shall be restricted
to childrens their attendants and mothers of the children.

9. CANTEENS
(i) In every work place where the work regarding the employment
of contract labour is likely to continue for six months and where
in contract labour numbering one hundred or more are
ordinarily employed, an adequate canteen shall be provided
by the contractor for the use of such contract labour.
(ii) The canteen shall be maintained by the contractor in an efficient
manner.
(iii) The canteen shall consist of at least a dining hall, kitchen,
storeroom, pantry and washing places separately for workers
and utensils.
(iv) The canteen shall be sufficiently lighted at all times when any
person has access to it.
(v) The floor hall be made of smooth and impervious materials
and inside walls shall lime-washed or colour washed at least
once in each year.
Provided that the inside walls of the kitchen shall be lime-
washed every four months.
(vi) The premises of the canteen shall be maintained in a clean and
sanitary condition.

94
Protection of Health and Sanitary

(vii) Waste water shall be carried away in suitable covered drains


and shall not be allowed to accumulate so as to cause a
nuisance.
(viii) Suitable arrangements shall be made for the collection and
disposal of garbage.
(ix) The dining hall shall accommodate at a time 30 per cent of the
contract labour working at a time.
(x) The floor area of the dining hall, excluding the area occupied
by the service counter and any furniture except tables and
chairs shall not be less than one square meter (10 sft) per diner
to be accommodated as prescribed in sub-rule (IX).
(xi) (a) A portion of the dining hall and service counter shall be
partitioned off and reserved for women workers in
proportion to their number.
(b) Washing places for women shall be separate and screened
to secure privacy.
(xii) Sufficient table stools, chair or benches shall be available for
the number of diners to be accommodated as prescribed in sub-
rule (IX).
(xiii) (a) 1. There shall be provided and maintained sufficient
utensils crockery, furniture and any other equipment
necessary for the efficient running of the canteen.
2. The furniture utensils and other equipment shall be
maintained in a clean and hygienic condition.
(b) 1. Suitable clean clothes for the employees serving in the
canteen shall be provided and maintained.
2. A service counter, if provided, shall have top of
smooth and impervious material.
3. Suitable facilities including an adequate supply of hot
water shall be provided for the cleaning of utensils and
equipments.
(xiv) The food stuffs and other items to be served in the canteen shall
be in conformity with the normal habits of the contractor labour.
(xv) The charges for food stuffs, beverages and any other items
served in the canteen shall be based on No profit, No loss and
shall be conspicuously displayed in the canteen.

95
Protection of Health and Sanitary

(xvi) In arriving at the price of foodstuffs, and other article served


in the canteen, for following items shall not be taken in to
consideration as expenditure namely:
(a) The rent of land and building.
(b) The depreciation and maintenance charges for the building
and equipments provided for the canteen.
(c) The cost of purchase, repairs & replacement of equipments
including furniture, crockery, cutlery and utensils.
(d) The water charges and other charges incurred for lighting
and ventilation.
(e) The interest and amounts spent on the provision
and maintenance of equipments provided for the canteen.
(xvii) The accounts pertaining to the canteen shall be audited once
every 12 months by registered accountants and auditors.

10. ANTI-MALARIAL PRECAUTIONS


The contractor shall at his own expense, conform to all anti-malarial
instructions given to him by the Engineer -in- Charge including the
filling up of any borrow pits which may have been dug by him.
11. The above rules shall be incorporated in the contracts and in notices
inviting tenders and shall from an integral part of the contracts.

12. AMENDMENTS
Jamia Millia Islamia may, from time to time, add to or amend these
rules and issue directions - it may consider necessary for the purpose
of removing any difficulty which may arise in the administration
thereof.

96
CPWD CONTRACTORS LABOUR REGULATIONS
ARE ALSO APPLICABLE FOR JMI WORKS

1. SHORT TITLE
These regulations may be called the CPWD/PWD/(DA) Contractors
Labour Regulations.

2. DEFINITIONS
(i) Workman means any person employed by JMI or its contractor
directly or indirectly through a subcontractor with or without
the knowledge of the JMI to do any skilled, semiskilled or
unskilled manual, supervisory, technical or clerical work for
hire or reward, whether the terms of employment are expressed
or implied but does not include any person:
(a) Who is employed mainly in a managerial or administrative
capacity; or
(b) Who, being employed in a supervisory capacity draws
wages exceeding five hundred rupees per mensem or
exercises either by the nature of the duties attached to the
office or by reason of powers vested in him, functions
mainly of managerial nature: or
(c) Who is an out worker, that is to say, person to whom any
article or materials are given out by or on behalf of the
principal employers to be made up cleaned, washed,
altered, ornamental finished, repaired adopted or otherwise
processed for sale for the purpose of the trade or business
of the principal employers and the process is to be carried
out either in the home of the out worker or in some other
premises, not being premises under the control and
management of the principal employer.
No person below the age of 14 years shall be employed to act
as a workman.
(ii) Fair Wages means wages whether for time or piece work fixed
and notified under the provisions of the Minimum Wages Act
from time to time.
(iii) Contractors shall include every person who undertakes to
produce a given result other than a mere supply of goods or

97
CPWD Contractors Labour Regulations

articles of manufacture through contract labour or who supplies


contract labour for any work and includes a subcontractor.
(iv) Wages shall have the same meaning as defined in the Payments
of Wages Act.

3. WORKING HOURS
(i) Normally working hours of an adult employee should not
exceed 9 hours a day. The working day shall be so arranged
that inclusive of interval for rest, if any, it shall not spread over
more that 12 hours on any day.
(ii) When an adult worker is made to work for more than 9 hours
on any day or for more 48 hours in any week, he shall be paid
over time for the extra hours put in by him at double the
ordinary rate of wages.
(iii) (a) Every worker shall be given a weekly holiday normally on
a Sunday, in accordance with the provisions of the
Minimum Wages (Central) Rules 1960 as amended from
time to time irrespective of whether such worker is
governed by the Minimum Wages Act or not.
(b) Where the minimum wages prescribed by the Government
under the Minimum Wages Act are not inclusive of the
wages for the weekly day of rest, the worker shall be
entitled to rest day wages at the rate applicable to the next
preceding day, provided he has worked under the same
contractor for a continuous period of not less than 6 days.
(c) Where a contractor is permitted by the Engineer -in- Charge
to allow a worker to work on a normal weekly holiday, he
shall grant a substituted holiday to him for the whole day
on one of the five days immediately before or after the
normal weekly holiday and pay wages to such worker for
the work performed on the normal weekly holiday at
overtime rate.

4. DISPLAY OF NOTICE REGARDING WAGES ETC


The Contractor shall before he commences his work on contract,
display and correctly maintain and continue to display and correctly
maintain in a clear and legible condition in conspicuous places on the
work, notices in English and in the local Indian languages spoken by
the majority of the workers giving the minimum rates of wages fixed

98
CPWD Contractors Labour Regulations

under Minimum Wages Act, the actual wages being paid, the hours of
work for which such wages are earned, wages period, dates of payments
of wages and other relevant information as per Appendix III.

5. PAYMENT OF WAGES
(i) The contractor shall fix wage periods in respect of which wages
shall be payable.
(ii) No wages period shall exceed one month.
(iii) The wages of every person employed as contract labour in an
establishment or by a contractor where less than one thousand
such persons are employed shall be paid before the expiry of
seventh day and in other cases before the expiry of tenth day
after the last day of wage period in respect of which the wages
are payable.
(iv) Where the employment of any worker is terminated by or on
behalf of the contractor the wages earned by him shall be paid
before the expiry of the second working day from the date on
which his employment is terminated.
(v) All payment of wages shall be made on a working day at the
work premises and during the working time and on a date
notified in advance and in case the work in completed before
the expiry of the wage period, final payment shall be made
within 48 hours of the last working day.
(vi) Wages due to every worker shall be paid to him direct or to
other person authorized by him this behalf.
(vii) All wages shall be paid in current coin or currency or in
both.
(viii) Wages shall be paid without any deductions of any kind except
those specified by the Central Government by general or special
order in this behalf or permissible under the Payment of Wages
Act 1956.
(ix) A notice showing the wages period and the place and time of
disbursement of wages shall be displayed at the place of work
and a copy sent by the contractor to the Engineer -in- Charge
under acknowledgment.
(x) It shall be the duty of the contractor to ensure the disbursement
of wages in the presence of the Junior Engineer or any other
authorized representative of the Engineer -in- Charge who will

99
CPWD Contractors Labour Regulations

be required to be present at the place and time of disbursement


of wages by the contractor to workermen.
(xi) The contractor shall obtain from the Junior Engineer or any
other authorized representative of the Engineer -in- Charge as
the case may be a certificate under his signature at the end of
the entries in the Register of Wages or the Wages-cum-
Master Roll as the case may be in the following form:
Certified that the amount shown in column No.
has been paid to the workman concerned in may presence
on............ dated.........

6. FINES & DEDUCTIONS, WHICH MAY BE MADE FROM WAGES


(i) The wages of a worker shall be paid to him without any
deduction of any kind except the following:
(a) Fines
(b) Deductions for absence from duty i.e. from the place or the
places where by the terms of his employment he is
required to work. The amount of deduction shall be in
proportion to the period for which he was absent.
(c) Deduction for damage to or loss of goods expressly
entrusted to the employed person for custody, or for loss
of money or any other deduction which he is required to
account, where such damage or loss is directly attributable
to his neglect or default.
(d) Deduction for recovery of advances or for adjustment of
overpayment of wages, advances granted shall be entered
in a register.
(e) Any other deduction which the Central Government may
from time to time allow.
(ii) No fines should be imposed on any worker save in respect of
such acts and omissions on his part as have been approved of
by the Chief Labour Commissioner.
NOTE: An approved list of Acts and Omissions for which fines
can be imposed is enclosed at Appendix-X.
(iii) No fine shall be imposed on a worker and on deduction for
damage or loss shall be made from his wages until the worker
has been given an opportunity of showing cause against such
fines or deductions.

100
CPWD Contractors Labour Regulations

(iv) The total amount of fine which may be imposed in any one
wage period on a worker shall not exceed an amount equal to
three paise in a rupee of the total wages, payable to him
respect of that wage period.
(v) No fine imposed on any worker shall be recovered from him
by installment, or after the expiry of sixty days from the date
on which it was imposed.
(vi) Every fine shall be deemed to have been imposed on the day
of the act or omission in respect of which it was imposed.

7. LABOUR RECORDS
(i) The contractor shall be maintain a Register of persons
employed on work on contract in From XIII of the CL (R&A)
Central Rules 1971 (Appendix-IV).
(ii) The contractor shall maintain a Muster Roll register in respect
of all workmen employed by him on the work under Contract
in From XVI of the CL (R&A) Rules 1971 (Appendix-V).
(iii) The contractor shall maintain of Wage Register in respect of all
workmen employed by him on the work under contract in Form
XVII of the CL(R&A) Rules 1971 (Appendix VI).
(iv) Register of accidents: The contractor shall maintain a register
of accidents in such from as may be convenient at the work
place but the same shall include the following particulars.
(a) Full particulars of the laborers who met with accident.
(b) Rate of wages.
(c) Sex.
(d) Age.
(e) Nature of accident and cause of accident.
(f) Time and date of accident.
(g) Date and time when, admitted in Hospital.
(h) Date of discharge from the Hospital.
(i) Period of treatment and result of treatment.
(j) Percentage of loss of earning capacity and disability as
assessed by Medical Officer.
(k) Claim required to paid under Workmens Compensation Act.
(l) Date of payment of compensation.

101
CPWD Contractors Labour Regulations

(m) Amount paid with details of the person to whom the same
was paid.
(n) Authority by whom the compensation was assessed.
(o) Remarks.
(v) The Contractor shall maintain a Register of Fines in the Form
XII of the CL (R&A) Rules 1971 (Appendix-XI).
The Contractor shall display in a good condition and in a
conspicuous place of work the approved list of acts and
omissions for which fines can be imposed (Appendix-X).
(vi) The Contractor shall maintain a Register of deductions for
damage or loss in Form XX of the CL (R&A) Rules 1971
(Appendix-XII).
(vii) The contractor shall maintain a Register of Advances in Form
XXII of the CL (R&A) Rules 1971 (Appendix-XIII).
(viii) The Contractor shall maintain a Register of Overtime in Form
XXII of the CL (R&A) Rules 1971(Appendix-XIV).

8. ATTENDANCE CAR-CUM-WAGE SLIP


(i) The Contractor shall be issue an Attendance card-cum-wage
slip to each workman employed by him the specimen form at
(Appendix-VII)
(ii) The card shall be valid for each wage period.
(iii) The Contractor shall mark the attendance of each workman on
the card twice each day, once at the commencement of the day
and again after the rest interval, before he actually starts work.
(iv) The card shall remain in possession of the worker during the
wage period under reference.
(v) The contractor shall complete the wage slip portion on the
reverse of the card at least a day prior to the disbursement of
wages in respect of the wage period under reference.
(vi) The contractor shall obtain the signature or thumb impression
of the worker on the wage slip at the time of disbursement of
wages and retain the card with himself.

9. EMPLOYMENT CARD
The Contractor shall issue an Employment Card in Form XIV of the
CL (R&A) Central Rules 1971 to each worker within three days of the
employment of the worker (Appendix-VIII).

102
CPWD Contractors Labour Regulations

10. SERVICE CERTIFICATE


On termination of employment for any reason whatsoever the
contractor shall issue to the workmen whose services have been
terminated, a Service Certificate in Form XV of the CL(R&A) Central
Rules 1971 (Appendix-IX).

11. PRESERVATION OF LABOUR RECORDS


All records required to be maintained under Regulations Nos. 6
& 7 shall be preserved in original for a period of three years from
the date of last entire made in them and shall be made available
for inspection by the Engineer -in- Charge or Labour Officer or any
other officers authorized by the JMI in this behalf.

12. POWER OF LABOUR OFFICER TO MAKE INVESTIGATIONS OR


ENQUIRY
The Labour officer or any person authorised by JMI/ Central
Government or their behalf have power to make enquires with a view
to ascertaining and enforcing due and proper observance of Fair Wage
Clauses and the Provisions of these Regulations. He shall investigate
into any complaint regarding the default made by the contractor or
subcontractor in regard to such provision.

13. REPORT OF LABOUR OFFICER


The labour officer or other persons authorised as aforesaid shall
submit a report of result of his investigation or enquiry to the
University Superindenting Engineer, Jamia Millia Islamia concerned
indicating the extent, if any, to which to default has been committed
with a note that necessary deductions from the contractors bill be made
and the wages and other dues be paid to the labourers concerned.

14. APPEAL AGAINST THE DECISION OF LABOUR OFFICER


Not applicable in the JMI works.

15. PROHIBITION REGARDING REPRESENTATION THROUGH


LAWYER
(i) A workman shall be entitled to be represented in any
investigation or enquiry under these regulations by:
(a) An officer of registered trade union of which he is a
member.

103
CPWD Contractors Labour Regulations

(b) An officer of a federation of trade unions to which the trade


union referred to in clause(a) is affiliated.
(c) Where the employer is not a member of any registered
trade union by an officer of a registered trade union,
connected with the industry in which the worker is
employed or by any other workman employed in the
industry in which the worker is employed.
(ii) An employer shall be entitled to be represented in any
investigation or enquiry under these regulations by:
(a) An officer of an association of employers of which he is a
member.
(b) An officer of a federation of associations of employers to
which association referred to in clause(a) is affiliated.
(c) Where the employers is not a member of any association
of employers, by an officer of association of employer
connected with the industry in which the employer is
engaged or by any other employer, engaged in the
industry in which the employer engaged.
(iii) No party shall be entitled to be represented by a legal
practitioner in any investigation or enquiry under these
regulations.

16. INSPECTION OF BOOK AND SLIPS


The contractor shall allow inspection of all the prescribed labour
records to any of his worker or to his agent at a convenient time
and place after due notice is received or to the Labour Officer or
any other person, authorized by the JMI/ Central Government on
his behalf.

17. SUBMISSIONS OF RETURNS


The contractor shall submit periodical returns as may be specified
from time to time.

18. AMENDMENTS
The Central Government may from time to time add to or amend the
regulations and on any question as to the application/ interpretation
or effect of those regulations the decision of the University
Superintending Engineer concerned shall be final.

104
Proforma of Registers

Appendix - I

REGISTER OF MATERNITY BENEFITS (CLAUSE 19F)

Name and address of the contractor...

Name and location of the work......

Name of Fathers/husbands Nature of Period of Dated on which


the employee name employment actual notice given
employment of confinement
1 2 3 4 5

Date on which maternity leave commenced and ended


Date of delivery In case of delivery In case of miscarriage
/ Miscarriage Commenced Ended Commenced Ended
6 7 8 9 10

Leave pay paid to the employee


In case of delivery In case of miscarriage Remarks
Rate of leave pay Amount paid Rate of leave pay Amount paid
11 12 13 14 15

105
Proforma of Registers

Appendix - II

Specimen Form of the Register, regarding maternity


benefit admissible to Contractors Labour in JMI works

Name and address of the contractor..

Name and location of the work......

1. Name of the woman and her husbands name


2. Designation
3. Date of appointment
4. Date with months and years in which she is employed
5. Date of discharge/dismissal, if any.
6. Date of production of certificates in respect of pregnancy
7. Date on which the woman informs about the expected delivery
8. Date of delivery/miscarriage/death
9. Date of production of certificate in respect of delivery/miscarriage.
10. Date with the amount of maternity/death benefit paid in advance of
expected delivery
11. Date with amount of subsequent payment of maternity benefit.
12. Name of the person nominated by the women to receive the payment
of the maternity benefit after her death.
13. It the woman dies, the date of her death, the name of the person to
whom maternity benefit amount was paid, the month thereof and the
date of payment.
14. Signature of the contractor authenticating entries in the register.
15. Remark column for the use of Inspecting Officer.

106
Proforma of Registers

Appendix - III
LABOUR BOARD

Name of Work : .

Name of Contractor : .

Address of Contractor : .

Name & Address of B&C Deptt.: ..

...

Name of Labour Officer :

Address of Labour Officer : .

Name of Labour Enforcement Officer :

Address of Labour Enforcement Officer : ....

Sl. Category Minimum Actual Number Remarks


No. Wage Fixed Wage Paid Present

Weekly-holiday

Wage-period.

Date of payment of wages

Working-hours.

Rest-Interval

107
Proforma of Registers
Appendix - IV
108 FORM XIII
(See Rule 75)
Register of Workmen Employed by Contractor

Name and address of contractor

Name and address of establishment under which contract is carried on .

Nature and location of work..

Name and Address of Principal Employer....

Sl. Name and Age Fathers / Nature of Permanent Local Date of Signature Date of Reasons Remarks
No. Surname and Husbands employment / home address commence- or thumb termina- for
of Sex Name designation address of ment of impression tion of termi-
workman the workman employ- of the employ- nation
(Village&Tehsil/ ment workman ment
Taluk & District)

1 2 3 4 5 6 7 8 9 10 11 12
Appendix - V
FORM XVI
[(See Rule 78(2) (a)]
Muster Roll

Name and address of contractor ..

Name and address of establishment under which contract is carried on

Nature and location of work......

Name and Address of Principal Employer....

Dates
Sl.No. Name of workman Sex Fathers/ Husbands Remarks
Name 1 2 3 4 5
1 2 3 4 5 6

Proforma of Registers
109
Proforma of Registers
Appendix - VI
110 FORM XVII
[(See Rule 78(2) (a)]
REGISTER OF WAGES

Name and address of contractor ............................................................................

Name and address of establishment under which contract is carried on .

Nature and location of work..

Name and Address of Principal Employer....

Wage Period : Monthly/Fortnight


Sl. Name of Serial Designation/ No. of Units Daily Amount of wages earned Deductions, Net Signature Initial of
No. workman No. in nature days of rate of Basic Dearness Over Other Total if any amount or thumb contractor
the of worked work wages/ Wages Allow- Time cash ( indicate paid impression or his
Register work done piece rate ances payment nature ) of the represen-
of done ( indicate workman tative
workman nature )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Wage Card No. . Appendix - VII
(Obverse)
Wage Card

Name and address of contractor.. Date of issue

Nature and work with location ...

Name of workman... Designation..

Rate of wages... Month/Fortnight.......

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Morning
| Rate
Evening Amount
|
Initial

Proforma of Registers
Received from the sum of Rs on account of my wages.

The Wage Card is valid for one month from the date of issue. Signature
111
Proforma of Registers

ifjf'k"V@ Appendix 'VII'


fiNyh rjQ @ Reverse
QkeZ 19/Form-XIX
d` I ;k fu;e 782[k ns [ ks a
[See rule 78(2)(b)]

etnwjh dkMZ
Wages Slip
Bsdsnkj dk uke o irk
Name and address of contractor .......................................................................
etnw j dk uke rFkk mlds firk@ifr dk uke
Name and Father's/Husband's name of workman .......................................
dk;Z dk Lo:i rFkk LFkku dk uke
Nature and location of work .............................................................................
lIrkg@i{k@ekl ds fy,
For the Week/Fortnight/ Month ending ........................................................
ftrus fnu dk;Z fd;k
No. of days worked .............................................................................................
fd;s x;s dk;Z ds ,ddks dh la[;k ihl jsV etnwjksa ds ckjs esa
No. of units worked in case of piece rate workers ........................................
nS f ud etnw j h dh nj@ihl js V
Rate of daily wages/ piece rate ........................................................................
le;ks i fj etnw j h dh jde
Amount of overtime wages ................................................................................
nh tkus okyh dqy jde
Gross wages payable ...........................................................................................
olw f y;ka ] ;fn dks b Z gks
Deduction, if any ..................................................................................................
nh xbZ etnw j h dh 'kq ) jde
Net amount of wages paid .................................................................................

Initials of the Contractor or his Representative

112
Proforma of Registers

Appendix - VIII
QkeZ 14/FORM XIV
d`I;k fu;e 76 ns[ksa [(See Rule 76)]
jks t xkj dkMZ
Employment Card

Bsdsnkj dk uke o irk


Name and address of contractor...
dk;kZy; dk uke o irk ftlds v/khu Bsdk py jgk gS
Name and address of establishment under which contract is carried
on............................................................
dk;Z dk uke o irk
Name of work and location of work....
eq[; fu;ksDrk dk uke o irk
Name and address of Principal of Employer..
1. etnwj dk uke
Name of the workman....
2. yxk;s x, etnwjksa ds jftLVj esa e la[;k
SI. No. in the register of workman employed.
3. jkstxkj@in dk uke
Nature of employment/designation.....
4. etnwjh dh nj ihl odZ ds ckjs esa ,dd ds C;kSjk lfgr
Wage rate (with particulars of unit in case of piece work) ......
5. etnwjh dh vof/k
Wage period.....
6. jkstxkj dh vof/k
Tenure of employment.....
7. fVIi.kh
Remarks.........

Bs d s n kj ds gLrk{kj
Signature of Contractor

113
Appendix - IX

Proforma of Registers
114
FORM XV
[(See Rule 77)]

Service Certificate

1. Name and address of contractor...

2. Nature and location of work.....

3. Name and Address of workman...

4. Age or date of birth..

5. Identification Marks......

6. Fathers/Husbands name....

7. Name and address of establishment in under which contract is carried on....

8. Name and address of principal Employer...

S.No. Total Period for which employed Nature of work done Rate of wages (with particulars Remark
From To of unit in case of piece work)
1 2 3 4 5 6

Signature
Proforma of Registers

Appendix - X

LIST OF ACTS & OMISSIONS FOR WHICH FINES


CAN BE IMPOSED
In accordance with rule 7(v) of the CPWD Contractors Labour
Regulations to be displayed prominently at the site of work both in
English and local Language.
1. Willful insubordination or disobedience, whether alone or in
combination with other.
2. Theft, fraud or dishonesty in correction with the contractors beside a
business or property of Jamia Millia Islamia.
3. Taking or giving bribes or any illegal gratifications.
4. Habitual late attendance.
5. Drunkenness fighting, riotous or disorderly or indifferent behavior.
6. Habitual negligence.
7. Smoking near or around the area where combustible or other materials
are locked.
8. Habitual indiscipline.
9. Causing damage to work in the progress or to property of the Jamia
Millia Islamia or of the contractor.
10. Sleeping on duty.
11. Malingering or slowing down work.
12. Giving of false information regarding name, age, fathers name etc.
13. Habitual loss of wage cards supplied by the employers.
14. Unauthorized use of employers property of manufacturing or making
of unauthorized particles at the work place.
15. Bad workmanship in construction and maintenance by skilled workers
which is not approved by the Department and for which the contractors
are compelled to undertake rectifications.
16. Making false complaints and/or misleading statements.
17. Engaging on trade within the premises of the establishments.
18. Any unauthorised divulgence of business affairs of the employees.
19. Collection or canvassing for the collection of any money within the
premises of establishment unless authorized by the employer.
20. Holding meeting inside the premises without previous sanction of the
employers.
21. Threatening or intimidating any workman or employer during the
working hours with in the premises.

115
Proforma of Registers
116
Appendix - XI

FORM XII
[(See Rule 78(2)(d)]

Register of Fines

Name and address of contractor...

Name and address of establishment in under which contract is carried on.........

Nature location of work....

Name and address of Principal Employer........


Sl. Name of Fathers/ Designation/ Act/ Date of Whether Name of Wage Amount Date on Remarks
No. workman Husbands nature of Omission Offence workman person period of fine which
Name employment for which showed in whose and imposed fine
fine cause presence wages realized
imposed against employees payable
fine explanation
was heard
1 2 3 4 5 6 7 8 9 10 11 12
Appendix - XII
Form XX
[(See Rule 78(2)(d)]

Register of Deduction for damage or Loss

Name and address of Contractor ..

Name and address of establishment


in under which contract is carried on

Nature and location of work .....

Name and address of Principal Employer ........

Sl. Name of Fathers/ Designation/ Particulars Date of Whether Name of Amount No. of Date of recovery
No. Workman Husbands nature of damage damage workman person in of install- First Last Remark-
Name employment or loss or loss showed whose pre- Deduction ments install- install- ing
cause sence emp- imposed ments ments
against loyee expla-
deduction nation was
heard

1 2 3 4 5 6 7 8 9 10 11 12 13

Proforma of Registers
117
Proforma of Registers
Appendix XIII
118
FORM - XXII
[(See Rule 78(2)(d)]

Register of Advances

Name and address of Contractor .

Name and address of establishment


in under which contract is carried on

Nature and location of work .....

Name and address of Principal Employer ........

Sl. Name of Fathers / Designation / Wage period Date & Purpose(s) No. of Date & Date on Remarks
No. Workman Husbands nature of and wages amount of for which instalments by amount which last
Name employment payable advance advance which advance instalment of instalment
given made to be repaid each repaid was repaid
1 2 3 4 5 6 7 8 9 10 11
Appendix XIV
FORM XXIII
[(See Rule 78(2)(e)]

Register of Overtime

Name and address of Contractor

Name and address of establishment


in under which contract is carried on......

Nature and location of work ......

Name and address of Principal Employer .....

Sl. Name of Fathers/ Sex Designation/ Date on Total overtime Normal Overtime Overtime Rate on Remarks
No. Workman Husbands nature of which worked or pro- rate of rate of earning which
name employment overtime duction in case wages wages Overtime
worked of piece rate paid
1 2 3 4 5 6 7 8 9 10 11 12

Proforma of Registers
119
Proforma of Registers

Appendix XV
NOTICE FOR APPOINTMENT OF ARBITRATOR
[Refer Clause 25]
To
The Vice-Chancellor
Jamia Millia Islamia, New Delhi 110 025
Dear Sir,
In terms of clause 25 of the agreement, particulars of which are given
below. I/We hereby given notice to you to appoint an arbitrator for settlement
of disputes mentioned below:
1. Name of applicant
2. Whether applicant is individual/Prop. Firm/Partnership Firm/Ltd. Co.
3. Full address of the applicant
4. Name of the work and contract number in which arbitration sought
5. Name of the Division which entered into contract
6. Contract amount in the work
7. Date of contract
8. Date of initiation of work
9. Stipulated date of completion of work
10. Actual date of completion of work (if completed)
11. Total number of claims made
12. Total amount claimed
13. Date of intimation of final bill (if work is completed)
14. Date of payment of final bill (if work is completed)
15. Amount of final bill (if work is completed)
16. Date of request made to University Superintending Engineer for decision
17. Date of receipt of USEs decision
18. Date of appeal to you
19. Date of receipt of your decision
Specimen signature of the applicant
(only the person/ authority who Signed the contract should sign)
I/We certify that the information given above is true to the best of my/
our knowledge. I/We enclose following documents.
1. Statement of claims with amount of claims. Yours faithfully,
2. ...............................................................................
3. ...............................................................................
4. ............................................................................... (Signature)
Copy in duplicate to : The University Superintending Engineer
Building & Construction Department

120
Schedule (A to F)

SCHEDULE (A to F)

SCHEDULE A
Schedule of quantities As per page Nos. to .. (Civil Works) &
As per page Nos.... to .... (Electrical Works)

SCHEDULE B
Schedule of materials to be issued to the contractor

S. Description of Item Quantity Rate in figures & words Place of


No. at which the material issue
will be charged to the
contractor
(1) (2) (3) (4) (5)

SCHEDULE C
Tools and plants to be hired to the contractor

S.No. Description of item Hire charges per day Place of issue


(1) (2) (3) (4)

121
Schedule (A to F)

SCHEDULE D
Extra schedule for specific requirement/ documents for the work, if any.

1. Special conditions - for Civil work Page No to ..


- for Electrical work Page No.... to ...

2. Particular Specification - for Civil work Page No.... to ........


- for Electrical work Page No.... to .

3. Annexure. Form of guarantee bond of anti-termite


treatment/ water proofing/ sanitary
installation/ water supply/ for removal of
defects in stone/ tile work/ aluminium work.

4. Integrity Pact Page No. to

SCHEDULE E
Reference to General General Conditions of Contract.....
Conditions of Contract for JMI works amended upto date of
submission of tender/ as per tender
document.
1.1 Name of Work:
1.2 Estimated Cost of Work: i) Civil work Rs.
ii) Electrical work Rs.
...........
Total Rs.

1.3 Earnest Money Rs. ................

1.4 Performance Guarantee 5% of tender value

1.5 Security Deposit 5% of tender value


(Performance guarantee and Security
Deposit shall be kept and refunded
as per Clause 17)

122
Schedule (A to F)

SCHEDULE F
General Rules & Directions:-
Officer inviting tender University Superintending
Engineer/ Professor Incharge
Maximum percentage for quantity
of items of work to be executed
beyond which rates are to be
determined in accordance with
Clauses 12.2 & 12.3 Refer Clause - 12
Definitions:
2(i) Engineer in- Charge University Superintending Engineer
2(ii) Accepting Authority Competent Authority of University
(Registrar-Co/Fo(Fo is concurring
authority/Vice-Chancellor/Building
Committee as the case may be)
(i) Registrar, upto Rs. .. lacs
(ii) Vice-Chancellor, upto Rs. lacs
(iii) Building Committee full value
2(iii) Percentage on cost of 15%
Materials and labour to
cover all overhead and
Profits
2(iv) Standard of Schedule Delhi Schedule of Rates
of Rates enhanced by cost index ......... with
upto date correction slips.
2(v) Standard Contract Form GCC CPWD Form-7/8, (after
amending/modifying/ deleting clauses
as per requirement of the University) as
per NIT/ tender document.
CLAUSE 1
(i) Time allowed for submission of 15 days as per Letter of
Performance guarantee after date Award Acceptance
of issue of letter of acceptance
(ii) Maximum allowable extension 1-15 days
with late fee @0.1% per day of (1 to 15 days to be filled)
the performance guarantee
amount beyond the period
provided in (i) above

123
Schedule (A to F)

CLAUSE 2
Authority for fixing compensation University Superintending
under Clause 2 Engineer/ Professor Incharge

CLAUSE 2A
Whether Clause 2A Not applicable in JMI
Shall be applicable

CLAUSE 5
Number of days from the date of 15th days (as per Letter of
Issue of letter of acceptance for Award/ Acceptance)
reckoning date of start
Milestone As per Tender document/as
decided by the University as per
Requirement urgency of work
Time allowed for execution .................. months/ days
of Work (to be filled in as per NIT)

Authority to decide
I. Extension of time for University Superintending
completion of time Engineer/ Professor Incharge
II. Rescheduling of Milestone University Superintending
Engineer/ Professor Incharge
III. Shifting of date of start University Superintending
in case of delay in handing Engineer/ Professor Incharge
over of site

CLAUSE 6, 6A
Clause applicable (6 or 6A) Clause 6 is applicable in all
works in JMI
CLAUSE 7
Gross value to be done together Rs. .. lacs
with net payment/ adjustment of
advances for material collected,
If any, since the last such payment
for being eligible to interim payment

124
Schedule (A to F)

CLAUSE 10A
List of testing equipment to be Refer sheet/page No. 145
Clause 12 of) Additional/parti-
cular condition & specification.
To be provided by the
contractor at site lab
CLAUSE 10-B(ii)
Whether Clause 10-B(ii) Not applicable in JMI
shall be applicable

CLAUSE 10C
Component of labour Not applicable in JMI
expressed as percent of
value of work = .%
CLAUSE 10CA Not applicable in JMI
CLAUSE 10CC Not applicable in JMI
CLAUSE 11
Specification to be followed CPWD Specification 2009
for execution of work Vol. I & II with correction
slips issued upto last date
of submission of tender
CLAUSE 12
Type of work Original Work/ Maintenance
works
Clause - 12.2 & 3
(i) Deviation limit beyond which 50%
Clauses 12.2&12.3 shall apply for
building work in superstructure
Clause 12.5
(i) Deviation limit beyond which 50%
Clauses 12.2 & 12.3 shall apply
Foundation work (except items
mentioned in Earth work subhead
in DSR and related items.
(ii) Deviation limit for items 100%
mentioned in earth work
subhead of DSR and
related items.

125
Schedule (A to F)

CLAUSE 16
Competent Authority for deciding University Superintending
reduced rates. Engineer

CLAUSE 18
List of mandatory machinery,
tools & plants to be deployed
by the contractor at site
1. 2. 3.
4. 5. 6.
7. 8. 9.

CLAUSE 25
Constitution of Not applicable in JMI
Dispute Redressal Committee (DRC)
Chairman : .....
Member : ...
Member : ..

CLAUSE 36(1)
Requirement of Technical Representative(s) and recover Rate
Sl. Minimum Disci- Designation Minimum Num- Rate at which
No. Qualification pline Experience ber recovery shall
of Technical be made from
Representative contractor in the
event of non-
deployment
Figures Words
1. Project Manager Civil/ Principal 10 Years 1 No. Rs.30000/-
with Degree in Elec- Technical per month
Engineering trical Representative
2. Graduate Civil Technical 5 Years 1 No. Rs.25000/-
Engineer Representative per month
3. Graduate Civil/ Project/ Site 2 Years/ 2 Nos Rs.15000/-
Engineer or Engineer 5 Years per month
Diploma Elec- 2 Years/ 2 Nos Rs.15000/-
Engineer trical 5 Years 1 No. per month
4. Graduate Civil Project 2 Years 2 Nos Rs.15000/-
Engineer or Planning/ 5 Years per month
Diploma billing
Engineer Engineer

126
Schedule (A to F)

Assistant Engineers retired from Government Services that are


holding Diploma will be treated at par with Graduate Engineer.
Diploma holder with 10 year relevant experience with a reputed
construction company can be treated at par Graduate Engineers for the
purpose of such deployment subject to the condition that such Diploma
holders should not exceed 50% of requirement of Degree Engineers.

CLAUSE 42
(i) A) Schedule/Statement for As per DSR. Theoretical
determining Quantity of with amendment upto the
cement and bitumen date of submission of tender

CLAUSE 42
(i) (a) Schedule/ Statement for determining theoretical quantity of
Cement and bitumen on the basis of Delhi Schedule of
Rates. Printed by C.P.W.D.
(ii) Variations permissible on theoretical quantities:
(a) Cement
For works with estimated cost put to
tender not more than Rs. 5 lakh. 3% plus/minus
For works with estimated cost put to
tender more than Rs. 5 lakh 2% plus/minus
(b) Bitumen All works 2.5% plus only &
nil on minus side.
(c) Steel Reinforcement & structural steel Sec-
tions for each diameter, section & category 2% plus/minus
(d) All other materials Nil
RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION
Sl. Description of Item Rates in figures and words at which
No. recovery shall be made from the Contractor
Excess beyond Less use beyond
Permissible variation permissible variation
1. Cement
2. Steel reinforcement
3. Structural Sections
4. Bitumen issued free
5. Bitumen issued at
stipulated fixed price

127
Guarantee Bond

GUARANTEE BOND FOR ANTI-TERMITE TREATMENT


(For guarantee to be executed by contractors for removal of defects after
completion of anti-termite treatment works)

This agreement made this.. day of (Two Thousand and


...... between M/s.
(hereinafter called the
GUARANTOR of the one part) and the Vice Chancellor, JMI (hereinafter called
the University of the other part).

Whereas this agreement is supplementary to a contract (hereinafter called


the Contract) dated. and made between the Guarantor of the one part
and the university of the other part whereby the Contractor inter-alia undertook
to render the buildings and structure completely termite proof.

AND WHEREAS THE GUARANTOR agreed to give a guarantee to the


effect that the said structure will remain termite proof for ten years from the
date of handling over of the building and or completion date of contract
whichever is later.

NOW THE GUARANTOR hereby guarantees that the anti-termite treatment


provided by him will render the structures completely termite proof and the
minimum life of such anti-termite treatment shall be ten years to be reckoned
from the date of handing over of the building and/or completion of the building
whichever is later.

Provided that the Guarantor will not responsible for damages caused due
to structural defects or misuse of premises/area.

a) Misuse of premises shall mean any operation which will disturb the
chemical barrier like excavation under floors, breaking of walls at G.L. disturbing
the treatment already carried out.

The decision of the Engineer -in- Charge with regard to cause of damage
shall be final.

During this period of guarantee the guarantor shall make all the
arrangements to do the post constructional anti-termite treatment in all the
buildings in case of any termite nuisance being found in the building, to the
satisfaction of the Engineer -in- Charge at the cost of guarantor and shall
commence the work for such treatment within seven days from the date of calling
upon him to rectify the defects, by the Engineer -in- Charge failing which the

128
Guarantee Bond

work shall be got done by the Department by some other contractor at the
GUARANTORS COST and risk. The decision of the Engineer -in- Charge as to
the cost payable by the Guarantor shall be final and binding.

That if the Guarantor fails to execute the anti-termite treatment or commits


breach thereunder then the Guarantor will indemnify the principal and his
successors against all loss, damage, cost, expense or otherwise which may be
incurred by the Department 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 university the decision of the Engineer -in- Charge will be final and binding
on the parties.

IN WITNESS WHEREOF these presents have been executed by the Obligator


. and by the university Superintending Engineer and for and on
behalf of the Vice-Chancellor, JMI on the day, month and year first above
written.

SIGNED, sealed and delivered by (OBLIGATOR) in the presence of :

1.

2.

SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMI


BY .. in the presence of :

1.

* *
2.

129
Guarantee Bond

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR


FOR REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT
OF WATER-PROOFING WORKS (All Water-Proofing Items)
This agreement made this... day of (Two
Thousand . and .. between S/o
(hereinafter called the GUARANTOR
of the one part) and the Vice-Chancellor, JMI (hereinafter called the university
of the other part).
WHEREAS THIS agreement is supplementary to a contract (Hereinafter
called the Contract) dated. and made between the GUARANTOR OF
THE ONE PART and the university of the other part whereby the Contractor
inter alia undertook to render the buildings and structures in the said recited
completely water and leak-proof.
AND WHEREAS THE GUARANTOR agreed to give a guarantee to the
affect that the said work will remain water and leak-proof, for ten years from
the date of completion of work.
NOW THE GUARANTOR hereby guarantee that work executed by him will
render the structure completely leak-proof and the minimum life of such water
proofing treatment shall be ten years to be reckoned from the date alter the
expiry of maintenance period prescribed in the contract.
The decision of the Engineer -in- Charge with regard to nature and cause
of defect shall be final and binding on Guarantor.
During this period of guarantee the guarantor shall make all defects and in
case of any defect being found in the building water proof to the satisfaction of
the Engineer -in- Charge calling upon him to rectify the defects failing which
the work shall be got done by the Department by some other contractors cost
and risk. The decision of the Engineer -in- Charge as to the cost payable by the
Guarantor shall be final and binding.
That if the guarantor fails to execute the water proofing or commits breach
thereunder then the guarantor will indemnify the principal and his successors
against all loss, damage, cost expense or otherwise which may be incurred by
him 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 university the decision of the Engineer
in- Charge will be final and binding on both the parties.
IN WITNESS WHEREOF these presents have been executed by the
obligator. and . by the university Superintending Engineer for & on
behalf of the Vice-Chancellor, JMI on the day, month & year first above written.
SIGNED, sealed and delivered by OBLIGATOR in the presence of :
1. .. 2.
SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor
by .. in the presence of :
1. .. 2.

130
Guarantee Bond

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR FOR


REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT OF
SANITARY INSTALLATIONS/WATER SUPPLY/DRAINAGE WORK
This agreement made this... day of (Two Thousand
and .............................) .......................... between S/o
(hereinafter called the GUARANTOR of the one part) and
the Vice-Chancellor, JMI (hereinafter called the University of the other part).
WHEREAS THIS agreement is supplementary to a contract (Hereinafter
called the Contract) dated. and made between the GUARANTOR OF
THE ONE PART and the University of the other part whereby the Contractor
inter alia undertook to render the work in the said recited leak-proof with sound
material and workmanship.
AND WHEREAS THE GUARANTOR agreed to give a guarantee to the
affect that the said work will remain structurally stable, leak-proof and
guaranteed against faulty material and workmanship, and finishing for five years
from the date of completion of work.
NOW THE GUARANTOR hereby guarantee that work executed by him will
be free from any leakage, seepage, cracks in pipes and guaranteed against faulty
material and workmanship, improper slope, defective galvanizing etc. for five
years to be reckoned from the date after the expiry of maintenance period
prescribed in the contract.
The decision of the Engineer -in- Charge with regard to nature and cause
of defect shall be final.
During this period of guarantee the guarantor shall make all defects and in
case of any defect to satisfaction of the Engineer -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 calling upon him to rectify the defects failing which
the work shall be got done by the Department by some other contractor at the
guarantors cost and risk. The decision of the Engineer -in- Charge as to the cost
payable by the Guarantor shall be final and binding.
That if the guarantor fails to make good all defects or commits breach
thereunder, then the guarantor will indemnify the principal and his successors
against all loss, damage, cost expense or otherwise which may be incurred by
him 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 University, the decision of the Engineer
-in- Charge will be final and binding on both the parties.
IN WITNESS WHEREOF these presents have been executed by the obligator
. and university Superintending Engineer for and on behalf of the
Vice-Chancellor, JMI on the day, month and year first above written.
SIGNED, sealed and delivered by OBLIGATOR in the presence of :
1. .. 2.
SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMI
by ......................... in the presence of :
1. .. 2.

131
Guarantee Bond

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR


FOR REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT
OF STONE WORK / TILE WORK
This agreement made this.. day of (Two Thousand and
.. between S/o ..
(hereinafter called the GUARANTOR of the one part) and the Vice-Chancellor,
JMI (hereinafter called the University of the other part).
WHEREAS THIS agreement is supplementary to a contract (Hereinafter
called the Contract) dated. and made between the GUARANTOR OF
THE ONE PART and the University of the other part whereby the Contractor
inter alia undertook to render the work in the said recited structurally stable
workmanship, finishing and use of sound materials.
AND WHEREAS THE GUARANTOR agreed to give a guarantee to the
affect that the said work will remain structurally stable and guaranteed against
faulty workmanship, improper slope, finishing and materials.
NOW THE GUARANTOR hereby guarantee that work executed by him will
be free from any material defects, structural defects, cracks, hollow pockets,
improper slope, faulty joints etc. for five years to be reckoned from the date after
the expiry of maintenance period prescribed in the contract.
The decision of the Engineer -in- Charge with regard to nature and cause
of defect shall be final.
During this period of guarantee the guarantor shall make all defects to the
satisfaction of the Engineer -in- Charge upon him to rectify the defects failing
which the work shall be got done by the Department by some other contractor
at the Guarantors cost and risk. The decision of the Engineer -in- Charge as to
the cost payable by the Guarantor shall be final and binding.
That if the guarantor fails to make good all defects, commits breach
thereunder, then the guarantor will indemnify the principal and his successors
against all loss, damage, cost expense or otherwise which may be incurred by
him 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 University, the decision of the Engineer
-in- Charge will be final and binding on both the parties.
IN WITNESS WHEREOF these presents have been executed by the obligator
. and by University Superintending Engineer for and on behalf of
the Vice-Chancellor, JMI on the day, month and year first above written.
SIGNED, sealed and delivered by OBLIGATOR in the presence of :
1. .. 2.
SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMI BY
.. in the presence of :
1. .. 2.

132
Guarantee Bond

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR FOR


REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT OF
ALUMINIUM DOORS, WINDOWS VENTILATOR WORK

This agreement made this.. day of (Two Thousand and


.. between S/o
(hereinafter called the GUARANTOR of the one part) and the Vice-Chancellor,
JMI (hereinafter called the University of the other part).
WHEREAS THIS agreement is supplementary to a contract (Hereinafter
called the Contract) dated. and made between the GUARANTOR OF
THE ONE PART and the University of the other part, whereby the Contractor
inter alia undertook to render the work in the said contract recited structurally
stable workmanship, power coating, anodizing colouring and sealing etc.
AND WHEREAS THE GUARANTOR agreed to give a guarantee to the
affect that the said work will remain structurally stable and guaranteed against
faulty workmanship, defective anodizing/ power coating for five years from the
date of completion of work.
NOW THE GUARANTOR hereby guarantee that work executed by him
structurally stable and guaranteed against faulty materials and workmanship,
defective anodizing/ power coating for five years to be reckoned from the date
after the expiry of maintenance period prescribed in the contract.
The decision of the Engineer -in- Charge with regard to nature and cause
of defect shall be final.
During this period of guarantee, the guarantor shall make all defects and
in case of any defects to satisfaction of Engineer -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 Engineer -in- Charge calling upon him to rectify the
defects failing which the work shall be got done by the Department by some
other contractor at the guarantors cost and risk. The decision of the Engineer -
in- Charge as to the cost payable by the Guarantor shall be final and binding.
That if the guarantor fails to make good all defects or commits breach
thereunder, then the guarantor will indemnify the principal and his successor
against all loss, damage, cost expense or otherwise which may be incurred by
him 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 University, the decision of the Engineer
-in- Charge will be final and binding on both the parties.
IN WITNESS WHEREOF these presents have been executed by the obligator
.. and by University Superintending Engineer for and on behalf of the
Vice-Chancellor, JMI on the day, month and year first above written.
SIGNED, sealed and delivered by OBLIGATOR in the presence of :
1. .. 2.
SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMI
by .. in the presence of :
1. .. 2.

133
Guarantee Bond

GUARANTEE BOND TO BE EXECUTED BY THE CONTRACTOR


FOR REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT
OF UPVC SLIDING WINDOWS / VENTILATOR WORK
This agreement made this........ day of....(Two Thousand and
.............................................................. between S/o
(hereinafter called the GUARANTOR of the one part) and the Vice-Chancellor,
JMI (hereinafter called the University of the other part).
WHEREAS THIS agreement is supplementary to a contract (Hereinafter
called the Contract) dated. and made between the GUARANTOR OF
THE ONE PART and the University of the other part whereby the Contractor
inter alia undertook to render the work in the said contract recited structurally
stable workmanship, colouring and sealing etc.
AND WHEREAS THE GUARANTOR agreed to give a guarantee to the
affect that the said work will remain structurally stable and guaranteed against
faulty workmanship, defective structurally stability, workmanship, colouring for
five years from the date of completion of work.
NOW THE GUARANTOR hereby guarantee that work executed by him will
be remain structurally stable and guaranteed against faulty material and
workmanship, defective structurally stability, workmanship, colouring for five
years to be reckoned from the date after the expiry of maintenance period
prescribed in the contract.
The decision of the Engineer in- Charge with regard to nature and cause
of defect shall be final.
During this period of guarantee, the guarantor shall make all defects and
in case of any defects to satisfaction of Engineer 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 Engineer in- Charge calling upon him to rectify
the defects failing which the work shall be got done by the Department by some
other contractor at the guarantors cost and risk. The decision of the Engineer -
in- Charge as to the cost payable by the Guarantor shall be final and binding.
That if the guarantor fails to make good all defects or commits breach
thereunder, then the guarantor will indemnify the principal and his successor
against all loss, damage, cost expense or otherwise which may be incurred by
him 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 University, the decision of the Engineer
-in- Charge will be final and binding on both the parties.
IN WITNESS WHEREOF these presents have been executed by the
obligator.. and by University Superintending Engineer for and on behalf
of the Vice-Chancellor, JMI on the day, month and year first above written.
SIGNED, sealed and delivered by OBLIGATOR in the presence of :
1. .. 2.
SIGNED FOR AND ON BEHALF OF THE Vice-Chancellor, JMI
by .. in the presence of :
1. .. 2.

134
Additional/ Particular Conditions and Specifications

ADDITIONAL/ PARTICULAR CONDITIONS AND


SPECIFICATIONS
The following shall be read in conjunction with and construed in reference
to and in context of the general rules, specifications and the condition
herein before contained and the requirements to be fulfilled without any
extra charges and the contractor shall take all these into account while
quoting his rates :-
GENERAL
1. Application of Specifications
The specification forms part of the contract and shall be read in
conjunction with other document forming the contract. viz. The
General Conditions of Contract, Special Conditions, Tender Form,
Schedule of Quantities and Drawings.
2. Work Included
The rates for all items must cover the cost of all materials, labour, tools,
machinery, plant, pumps, explosives, scaffoldings, staging, shores
props, bamboos, ropes, templates, page and all appliances and operation
whatsoever necessary for efficient execution of the work inclusive of all
taxes, duties and levies, transportation, watch and ward etc.
3. Execution of Work
The Contractor is responsible for the correct execution of the work in
accordance with the drawings provided to him and for all mistakes
due to working to wrong levels or center lines when levels, center lines
and bench marks of reference, have been once given to him in writing
by the Engineer -in- Charge it is his responsibility to record, protect
and maintains shall afterwards be admitted for excess work done in
consequence of such levels not having been kept up and maintained
by the Contractor.
4. Method of Measurement
Unless otherwise specified the method of measurement for Building
works shall be as per the standard mode of measurements adopted
by CPWD. Items not covered shall be in accordance with the mode
of measurement as per relevant I.S. Code.
5. Unless specifically mentioned otherwise, all works shall be carried
out according to the CPWD specifications with latest revisions and
also with reference to additional/ particular specifications. Matters
not covered by the specifications given in this contract as a whole shall
be covered by the relevant Indian Standard Codes of practice and this
standard shall govern in respects of design, workmanship, quality and

135
Additional/ Particular Conditions and Specifications

properties of materials and methods of testing. The Indian Standards


shall be taken with reference to the latest version of the standard. If
such a code on particular subject has not been framed, relevant British
Standard code shall be followed.
6. In case the contractor requires any clarification regarding
specifications, conditions, drawings etc., the Engineer in- Charge shall
be contracted.
7. Copies of Drawings
Two copies of all drawings, the schedule of quantities and the
specification will be furnished free of cost to the contractor for his own
use until the completion of the contract, and shall be accessible at all
reasonable times to the Engineer -in- Charge or their representative,
and shall be returned the same to the Engineer -in- Charge on
completion of the Contract. Any extra copies required by the
Contractor shall be supplied by the Architect on payment. All
drawings are too mounted on boards, and placed in racks and
indexed. No drawings are to be rolled.
8. Access to Site
The contractor is to include in his rates for forming access to the site
with all temporary roads and gangway required for the works.
9. Access for Inspection
The contractor is to provide at all times during the progress of the
works and the maintenance period proper means of access with
ladders, gangways etc. and the necessary attendance to move and
adapt as directed for the inspection or measurements of the works by
the Engineer -in- Charge or their representatives.
10. Where the contractor is required to provide material of certain sizes
or weight, which may have become out of market due to change over
to metric standard, substitutes conforming to the nearest equivalents
as approved by the Engineer -in- Charge shall be used. No claim of
extra payments shall be entertained on this accounts.
11. For examination and testing of materials and the work, the contractor
shall make the following available (as stated in Clause 12) readily in
good working condition at site.
12. Theodolite, Dump level with staff, steel tapes, sieves, stop watch,
platform type weighing machine of 200 kgs. capacity, small balance
with weights, spring balance, slump cone with road, six inch cube
moulds 24 Nos. Plumb, spirit level. Micrometer calibrated cylinders,
Hummers, Thermometers, stove and standard compression testing

136
Additional/ Particular Conditions and Specifications

machine for concrete cubes, total survey station, digital distance


meter, magnifying glass.
13. The lay out and alignment of the orientation of the different members
of the structural work should be carried out after thoroughly checking
the drawings and obtaining clarifications if any, from the Architect/
Engineer -in- Charge. The setting out work should be carried out by
precision surveying instruments and got approved by the Engineer -
in- Charge. The Contractor shall arrange the equipments and
instruments in a testing room specially made for the purpose.
14. The Employer shall require (Where it deems so necessary) to provide
grooves of approved pattern between various surfaces such as
timber/ plaster, concrete/ exposed concrete/ bricks work, ceiling/
walls skirting/ plaster, between various concreting operations of
same or different members (particularly in the exposed concrete work)
or as required etc. The grooves shall be provided without extra
charges and the contractors rates for various items are deemed to
include the cost of all labour, tools and materials required for making
such grooves.
15. The large size details shall be taken precedence over small size
drawings. The special dimensions in the specifications or schedule
of quantities or instructions of the Architect/ Engineer -in- Charge shall
supersede the drawings. The Contract shall verify all dimensions at site.
16. The Contractor shall store all materials in proper manner so as to avoid
contamination and deterioration. The places at site where materials
are to be stored shall be subject to the approval of the Engineer, the
place where the materials are stored by the contractor if required by
the Employer for any other purpose, the contractor shall make
arrangement to clear the place within such time as may be instructed
by the Engineer -in- Charge.
17. The different tests to materials and works as desired by the Engineer
-in- Charge shall be carried out by the Contractor at his own cost in
laboratories approved by the Engineer -in- Charge. The Engineer -in-
Charge may ask the Contractor to install testing equipment at site for
such tests, which are required to be carried out more frequently. The
contractor shall ensure and certify the calibration of the equipment
so installed and shall maintain the same in working order through
out the period of construction. The contractor shall also provide
trained staff for carrying out such tests and equipments.
18. The levels, measurements and other information, cancellation the
existing site as shown in the drawings or as described are supposed

137
Additional/ Particular Conditions and Specifications

to be correct, shall verify them for himself as no extra claim


whatsoever shall be entertained on account of the descriptions turning
out to be different from what was expected.
19. The rate of different items are for all heights, depths and widths unless
otherwise specified in the item of schedule of quantities.
20. The rates shall include cost of bailing out water, rainwater as well as
sub soil water, and nothing extra on this account shall be paid unless
otherwise specified in the Schedule of quantities.
21. Royalty for earth, boulders, metal sand etc. shall be borne by the
contractor and nothing extra on this account shall be paid to him.
22. All soil, filth or other matter of an offensive nature taken out of any
trench, sewer, drain cesspool or other place shall not be deposited on
the surface, but shall at once, be carte away by the contractor free of
charge to some pit or place provided by him and as approved by the
Corporation/ Engineer -in- Charge.
BUILDING WORK
23. All materials, articles and workmanship shall be test of their respective
kind for the class of work described in the contract, specifications and
schedule of quantities. All materials shall be subject to the approval
of the Engineer -in- Charge.
24. The contractor shall allow the use of scaffolding etc. to the other
contractor (if any employed) and inspecting officer for the execution
of their work in proper manner.
25. The Engineer -in- Charge shall mean the Project Engineer or such
other person authorized by the employer.
26. The Inspecting Officer shall mean the Officer of the Employers
organization or as case may be who has been authorized to act as such.
27. The Contractor shall provide equipment, instruments, labour and such
other allied assistance required by the Project Engineer for
measurement of the work, materials etc.
CLEANING UP AND HANDING OVER
28. Upon completion of the work all the areas should be cleaned. All
floors, windows, surface etc. shall be cleaned down in manner which
will render the work acceptable to the Employer. All rubbish be
removed from the site as it accumulates and area upto ten meters on
the outer boundaries of the premises will be cleaned by the contractor
as a part of the contract. Upon completion of the project, the contractor
shall hand over to the Employers following:
(A) Written guarantee and certificate

138
Additional/ Particular Conditions and Specifications

(B) Maintenance manuals, if any and


(C) Keys.
29. The contractor shall provide adequate lighting arrangements as
approved by the Engineer -in- Charge for carrying out the works even
during night times and also provide all other facilities for the labour
employed to carry out the works without any extra charges. Necessary
lighting as directed by the Engineer -in- Charge shall also be provided
by the Contractor without any extra charges for yard lighting as well
as to cover the entire site.
30. The contractor shall keep the site neat and clean during the execution
of works. Any excess earth and debris shall be removed from the site
and the contractor shall be responsible for any objection of NDMC or
other local bodies for occupying roadways and nuisance to others.
31. The contractor may have to execute the work in shifts to complete the
work in phases as per schedule for which nothing extra shall be paid.
32. Within 15 days of the date of award of the work the contractor shall
submit a complete programme including programme for procurement
of materials etc. to fit in the phases programme as stipulated and the
same shall be got approved by the Engineer -in- Charge.
33. The contractor shall make adequate fire fighting arrangements and
shall be fully responsible for the fire consequences.
34. The contractor shall furnish when called upon by the Engineer -in-
Charge the any analysis of rate of any item of work to justify and
support the rate quoted by him for that item.
35. The quantity given in the schedule of quantities approximate and
subject to change as per actual execution of work. The quantities can
vary to any extent either plus or minus.
36. The contractor shall allow all other agencies to work side by side so
that the work is completed in the specified completion time.
STORAGE/HANDLING OF MATERIALS BY THE CONTRACTOR
37. (1) The contractor shall construct suitable godown at the site of
work for storing the materials safe against damage due to sun,
rain, dampness, fire, theft etc. He shall also employ necessary
watch and ward establishment for the purpose.
(2) The cement bags shall be stacked on proper floors consisting
of two layers of dry bricks laid on well consolidated earth at a
level at feast one foot above ground level. These stacks shall
be in rows of 2 and 10 high with a minimum of 2-o clear space

139
Additional/ Particular Conditions and Specifications

all-round. The bags should be placed horizontally continuous


in each line as shown in the sketch on page 35 of specification
2009 Vol. 1 CPWD, New Delhi.
(3) Cement bags shall be stored in separate godowns with pucca
floor and weather proof roofs and walls. Each godown shall be
provided with a single door with two locks. The keys of one
lock shall remain with the person authoresses by the principal
and that of the other lock with the authorized agent of the
contractor at the site of work so that the cement is removed from
the godown accordingly to the daily requirement with the
knowledge of both the parties.
(4) The day-to-day receipts and issue accounts of cement shall be
maintained by the Engineer -in- Charge and signed daily by the
contractor or his authorized agent. The proforma is given below:
(a) Date of Receipt
(b) Particulars of Receipt
(c) Quantity received
(d) Progressive total
(e) Date of issue
(f) Quantity issued
(g) Items of work for which issued
(h) Quantity returned at the end of day
(i) Total issued
(j) Daily balance in hand
(k) Contractors initial
(l) Junior Engineer
(m) Assistant Executive Engineer/ Assistant Engineer
(n) Executive Engineers periodical check
38. The successful contractor will have to execute an agreement with the
University Authorities on the University printed form, which can be
seen before tendering in the office of the undersigned. The deviation
limit shall be 50%
39. Time allowed for the work from the 15th day after the date of written
order to commence the work will be ...........
40. The work shall be carried out as per latest CPWD specification for
works at Delhi, with upto date correction slips unless otherwise
specified in the nomenclatures of the individual item of works.

140
Additional/ Particular Conditions and Specifications

41. The contractor(s) shall make his/ their own arrangement for water
required for the work and nothing extra will be paid for the same.
This will be subject to the following conditions.
(1) That the water used by the Contractor(s) shall be fit for construction
purposes, to the satisfaction of the Engineer -in- Charge.
(2) The Engineer -in- Charge shall make alternative arrangement
for supply of water at the risk and cost of contractor(s) if the
arrangements made by the contractor(s) for procurement of
water are in the opinion of the Engineer in- Charge
unsatisfactory.
42. Before tendering the contractor shall visit the site and satisfy him as
to the local conditions, the accessibility of the site to full extent and
implication of the operation, the nature of the ground and supply
condition effecting labouor and execution of the contract. No claim
on these issues will be entertained. All existing services in and around
the plot (like storm water drain and approach rode etc.) will be kept
by contractor in good order. Any damage to lawns, service, existing
structure etc. will have to be made good by the contractor at his own cost.
43. The site as shown in the layout plans, shall be cleared of all loose
stones, materials, rubbish of all kinds as well as bush wood. All holes
or hollows whether originally existing or others shall be carefully
filled with earth, well rammed leveled as directed. Nothing extra will
be paid on this account.
INCONVENIENCE OF PUBLIC
44. The contractor shall not deposit materials on any site, which will cause
inconvenience to the public. The Engineer -in- Charge may require
the contractor to remove any materials, which are considered by him
to be dangerous or inconvenient to the public or cause them to be
removed at the contractor cost.
45. Contractor will fully co-operate with the other agencies, operating on
this work.
46. The contractor will have to get supplies of materials and all fittings
approved by the University Engineer -in- Charge, before using them
on the work.
47. The Contractor shall see the drawings, specifications and contract
conditions of the work, in the office of the undersigned on any
working day during hour before tendering.
48. The Contractor shall see the site of work. Any approach etc. if required
will have to be made by him at his own cost.

141
Additional/ Particular Conditions and Specifications

49. No material including cement and steel will be issued to the contractor
from the deparment.
50. In case of error in description of any DSR item given in the schedule,
the description given in the CPWD schedule of rates 19.. shall be
final and no claim on account error shall be made.
51. If for any reasons, some building plans or any other details concerning
the work are not available at some stages of the work, or if there is
any delay in supply of any materials which is to be supplied by the
Department as per terms of the contract or there is delay or
interruption in availability of site of work, no claim of any sort will
be admissible to the contractor. However necessary extension of time
for completion of the work due to genuine hindrances in the work
shall be given.
52. The tender shall remain open for acceptance for a period of 90 days
from the date of opening of tender. If any tenderer withdraws his
tender before the said period or makes any modifications in the terms
and conditions of the tender which are not acceptable to the University
then the university without prejudice to any other right or remedy
by at liberty to forfiet the earnest money.
53. The acceptance of the tender will rest with the Jamia Millia Islamia
Authorities, New Delhi who do not bind themselves to accept the
lowest tender, reserve to themselves the authority to reject any or all
tenders received without assigning any reason. All tenders in which
any of the prescribed conditions are not fulfilled is liable to be rejected.
54. The contractor(s) will also have to make his/their godown to store
cement and any other material that may be required storage. Nothing
extra shall be paid to the contractor in this respect.
55. No escalation of cost of material or labour wages shall be allowed due
to increase in any material cost during the progress of work. The rate
quoted at the time of tendering shall be final throughout the contract.
The condition will supersede the condition given in clause 10C/
10CA/10CC in form PWD 7/8 of CPWD.

142
Specification for Plumbing

SPECIFICATION FOR PLUMBING

GENERAL
All works shall be completely concealed either with in shafts or chase or
in the floor fills and dropped ceiling unless specifically shown in drawing
or required otherwise.
All works shall be adequately protected, to the satisfaction of the
Engineers -in- Charge so that the whole work is free from damage
throughout the period of construction up to the time of handling over.
No work shall be covered without approval of the Engineer -in-
Charge.
The contractor shall be responsible for coordinating this work with
works of other trade sufficiently ahead of time to avoid unnecessary holds-
ups. Hangers, sleeves, recesses, etc. shall be left in time as the work
proceeds whether or not these are shown in drawing.
All work shall be done with skilled workmen, experienced in trade.
All material and equipment shall be ISI marked unless no ISI code
exist for any particular materials to be used for the project. All materials
shall be got approved from the Architect/ Consultant/ Engineer -in- Charge
prior use at the above project. The contractor shall submit samples and
technical literature of proposed materials to the Architect/ Consultant/
Engineer -in- Charge and would obtain written approved well in advance.
Approved list of materials makes for general guidelines to the contractor,
but would be upon the Architect/ Consultant/ Engineer -in- Charge to
accept or reject the materials if found wanting upto the requirement.
Specific equipment and model has to be obtained from the Architect/
Consultant/Engineer -in- Charge. Any item which is proposed as a
substitute shall be accompanied by as all Technical Data giving sizes,
particular of materials and the manufacturers name. At the time of the
submission proposed substitute, the contractor shall state the credit if any
due to the owner in the event the substitution shall be requested in
writing from the Architect where no specific make of materials is specified
any firm.

PIPING
a. Pipes for suction and delivery line shall be galvanized steel tubes
conforming to IS:1239 (medium class). Fitting and flanges shall be
malleable. Pipes shall be ITC or BTC make and G.I. fitting R brand.

143
Specification for Plumbing

b. Flyway and check value above 65mm dia shall be C.I. double flanged
conforming to IS:780 manufactured by Kirloskar, Kilburn, IVC or
leaders.
c. Flyway and check values 65mm dia below shall be gunmetal tested
to 20 kg/cm2 pressure (leaders of GG make) certified and conforming
to IS:778.
d. Suction drainer or foot valve shall be gunmetal.

JOINTS
All G.I. Pipes shall be tested be provided with screw Joint unless otherwise
instructed.
All G.I. Pipes shall be tested hydrostatically for a period 30 minutes to a
pressure of 6 kg/cm without drop in pressure.

WATER SUPPLY WORKS, DRAINAGE & SANITARY INSTALLATION


All works related with supply, installation and commissioning of sanitary
installation, water supply system and drainage system shall be carried out
as per Central Public Works Department (CPWD) specification No. 88 (Vol.
Two) Chapter 18, 19 & 20 respectively. Wherever these specification are
found wanting, the decision of the Engineer -in- Charge shall be final and
binding.

OVERHEAD TANKS
The overhead tank shall be one piece moulded high density
polyethylene (HDPE) tank with all inlets, outlets over flow and scour
pipe with painted M.S. Frame support or concrete pedestal including
all pipe work and inter connection as required and directed by the
Engineer -in- Charge. The tanks shall be manufactured by Sintex Plastic
Company or equivalent manufactured as approved by Engineer -in-
Charge.

144
List of preferred makes for Electrical Items

LIST OF PREFERRED MAKES FOR CIVIL / SANITARY WORKS

S.No. Material Preferred Make

1. i) Ordinary Portland/Portland : ACC, Ultratech Cement Ltd., Gujarat Ambuja, Vikram, Birla, J K
Pozzolona Cement (Grey) Cement, Shree Cement Ltd., J.K. Lakshmi, M/s. Binani Cement.
(43 Grade)
ii) White Cement : Birla White/J.K. White
2. Reinforcement Steel : SAIL, Tata Steel, RINL, Rathi Kamdhenu, Baranala
3. Veneered Particle Board : Novapan, Kitply, Anchor, National, Archidply, Action TESA
4. Laminated Particle Board/ Laminates : Novapan, Kitply, National Archidply, Century Ply,
Action TESA
5. Flush Door shutters : Kutty Flush Door, Kitply Industries (Swastik), Samrat Laminate
Pvt. Ltd. (Samrat), JAYNA (Jain Wood Industries), SR Jindal Ply
Wood Industries (Prima), Archidply, Century Ply.
6. Water Proofing Compound, : Fosroc, Cico, Pidilite, Impermo by M/s. Snowcem, Accoproof
7. M. S. Pipe : Tata, Jindal (Hisar), Parkash Steel Tubes, Bhushan Industries
8. PVC Pipe & Fittings : Supreme, AKG, Finolex, Prince, Kisan, SFMC, Diplast
9. Acrylic Distemper : Nerolac, Berger (Bison Acrylic), Asian Paints (Tractor) Acrylic
10. Dry Distemper : Berger (Castle), JENSON & NICHOLSON (J&N)
11. Synthetic Enamel/Emulsion Paints : ICI (Dulux Gloss), Nerolac, Berger, Asian Paints
12. Steel Primer : ICI, Nerolac, Berger, Asian Paints
13. Wood Primer : ICI, Nerolac, Berger, Asian Paints
14. Mosaic Tiles/Chequered Tiles : Modern, NTC,
15. Ceramic Tiles : Kajaria, NITCO, Somany, Asian, VARMORA
16. Dash/Anchoring Fasteners : HILTI/Fischer
17. Nuts/Bolts & Screws : GKW, Atul
18. Stainless Steel Sink : ALLEX, DIAMOND, BLUE STAR, JAYNA (M/s. Jain
(Out of Salem Steel only) Brothers Sanitation Pvt. Ltd., 12 SSI, Indl. Area, Delhi)
19. Float Valve : IVC, Leader, Prayag, Kalsi Pump Pvt. Ltd., Dhawan Sanitary
Udyog (Prima)
20. Admixtures : Fosroc, MBT, Sika, CICO, Asian
21. Vitreous China Sanitary Ware : Parryware, Hindustan Sanitaryware, Neycer, Cera
22. Plastic Seat Cover of W.C. : Commander, Diplomat, Hindware, Admiral
23. PVC Flushing Cistern : Commander, Coral, Hindware (Slim line), Hindustan, Speed FLO
24. CP Fittings/Mixer Pillar : Kingston, Gem, Parko, Techno, JAL, ESS ESS, JAQUAR, Crabtree,
Taps washers JAINKO, ANNAPURNA
25. CP Accessories : Kingston, Parko, Gem, JAL, ESS ESS, JAQUAR
26. Centrifugally Cast (spun) Iron Pipes : NECO, SKF Brand of M/s Singhal Iron Foundry Pvt. Ltd.

145
List of preferred makes for Electrical Items

Mathura or any other BIS marked product.


27. Centrifugally Cast (spun) Iron Pipes : Electro Steel, Kesoram
(Class LA)
28. C.I. Sluice Valves & Reflex Valves : ANNAPURNA or equivalent approved.
29. G.I. Pipes : BST, Jindal (Hissar), Tata Steel Tubes Ltd., Prakash Surya
30. G.I. Fittings : Unik, KS, AMCO, AVR, NVR, RR
31. Gun Metal Valves, Globes : Leader, Zoloto, Kilburn CIM Valves,
Sant, ANNAPURNA
32. Brass Stop & Bib Cock : Zoloto, Sant, L&K, Leader, JAINKO, Kalsi Pump Pvt. Ltd.
Dhawan Sanitary (Prima), ANNAPURNA
33. Stoneware Pipes & Gully Traps : Perfect, Hind or ISI marked S.W. Pipes
34. Mirror Glass : Atul, Modi Guard, Golden Fish
35. Glazed Fire Clay Kitchen Sink : PAMINI, SANFIRE, RKCP
36. Vitrified Tiles : NITCO, JOHNSON, ASIAN, MARBITO, KAJARIA, VARMOR
37. Water Meter : PRIMA (ISI), Kranti, DASHMESH or BIS marked product.
38. Grouting Compound : Endura, Pidilite
39. Aluminium Sections : Hindalco, Jindal, Indian Aluminium Co. or approved equivalent.
40. Glass Mosaic Tiles : Italia, Opio
41. Non Return Valve : Kalsi Pumps Pvt. Ltd. or BIS approved products.
(Check Valve) 1/2" to 1-1/4"
42. Line Filter Valve 1/2" to 2" : Kalsi Pumps Pvt. Ltd. or BIS approved products.
43. Ferrules 15mm, 20mm and 25mm : Dhawan Sanitary Udyog (PRIMA), Kalsi, Annapurna or BIS
approved products
44. Stainless Steel Staircase railing : Connect Arch. Pvt. Ltd., Jindal S.S. Ltd., ICICH Inds., ESSAL,
DORMA
45. Locks/ Latch/ Fittings : Godrej, HARRISON, PLAZA, GOLDEN, YALE, DORMA
46. Hydraulic Door Closer/ Floor Spring : HARDWYN, Godrej, Grace, Everest, DORMA
47. Fire Check Door : NAVAIR, ROMAT, KUTTY DOOR
48. Anorised Aluminium Hardware : HARDIMA, EVERITE, SIGMA (ISI marked), DORMA
(Heavy Duty)
49. Tempered Glass : MODI FLOAT & SAINT GOBAIN, ASAHI, GLAVERBEL
50. Polyester Powder Coating Shades : NEROLAC, BERGER, J&N
51. Friction Stay Hinges : Earl-Bihari
52. Nuts, Bolts and Screws, Steel : Kundan Priya Atul
53. EPDM Gasket : Hanu/ Anand
54. Structural Silicon : Dow Corning/ Wacker
55. Weather Silicon : Dow Corninig/ Wacker
56. Tile Adhesive : Cico, Pidilite, Ferrous

146
List of preferred makes for Electrical Items

57. Copper Tubes/ Pipes : Rajco, Max Flow ABC


58. Copper Fittings : Yorkshine, IBP, BCONEX
59. Mineral Fibre, False Ceiling : MONAD, Armstrong or equivalent as per relevant IS Code
60. Metalic (GI) Power Coated False Ceiling : M/s Harson & Associates, Faridabad, MONAD, LUXALON,
DAIKEN, Tile.
61. U-PVC Pipe : Flow Guard, Green Line or BIS approved products
62. C-PVC Pipe (IS 15778:2007) : Astral, Ashirvad, Ajay Industrial, Prince
63. Wall Putty : Birla Wall Care, JK White, SARA Wall Putty (White Cement
based) or equivalent.
64. Stainless Steel Hardware Fittings : DORMA, Geze, Hafele, Ozone, Door Set or equivalent
65. Hermitically sealed performance : Saint Gobain, Asahi, Pilington, Viracon (processed by themselves
Glass and Toughened Glass by their approved processors)
66. Poly-Sulphide Sealant : Choksey Chemicals, Fosroc, Dr. Fixit, Sika
67. Fire Sealant : BTMH, Promat, Alstom, Birla 3M
68. Roofing Sheets
i) Standing Slam Double Skin : Kalzip, CRIL, Corus
insulated Roofing System
ii) Galvanize : CRIL, Lloyds, Interarch
69. Epoxy Paint : Asian, ICI, Kansai Nerolac
70. C.I. Manhole Covers & Frames : NECO, RAJ Iron Foundary Agra, BIC
71. Polyethylene Water Storage Tank : SINTEX, VECTUS, FRONTINER, KAVERI
72. UPVC Windows : Fenesta, Prizma, Cora or equivalent
73. Anti-Termite - Chlorphriphos 20% EC : Trishul, Bharat or equivalent
74. Bitumen Product Falls : Shalimar, Tar product or equivalent
74. Door Close : Doorking or Everita,
75. Gypsum Board : Gypsum India
76. MDF Board : New wood, Durotuff
77. Laminate : Decolan, Marine, Greenlam, Formica

Note : The Engineer -in- Charge, JMI reserves the right to add or delete any material and brand in the list of approved
materials/brands, the list given above is for general information to Contractor. All material provided by the Contractor
shall be got approved from the the Engineer -in- Charge.

147
Special Conditions of Contract

SPECIAL CONDITIONS OF CONSTRACT


ELECTRICAL INSTALLATION
General: These conditions of contract are meant to amplify the
specifications, schedule of quantities and drawings in addition to those
conditions specified from time to time as additions or omissions to those
said conditions of contract. In case of known confirmation the later shall
supersede the general conditions of contract.
Site: The site of work is located at Jamia Millia Islamia.
Inspection of Site: The contractors shall visit the site of work to have an
idea of execution of work before tendering and get acquainted with the
conditions of site. The contractor shall be deemed to have including in his
tender rate, allowance for all preliminary work connected with the work
and all other conditions that affect the work.
Rates: The rate tender shall be for complete item of work inclusive all taxes
duties and levies etc. and all charges for items contingent to work, such as
packing, forwarding, insurance, rate and delivery at site for the material
to be supplied by the contractor, watch and ward of all materials for the
work at site etc.
Completeness of Tender: All sundry fittings, assemblies, accessories,
hardware items, foundation bolts, termination lungs for electrical
connections as required, and all other sundry items which are useful and
necessary for proper assembly and efficient working of the various
components of the work shall be deemed to have been included in the
tender, whether such item are specifically mentioned in the tender
document or not.
Scope of Work: The work to be carried out under this contract shall be as
follows:
1. Internal Electrification
2. External Electrification
The contractor shall carry out and complete the said work under this
contract in every respect in conformity with the current rules and
regulations of local electricity authority. Indian Standard institute and as
per directions of and to the satisfaction of the Architect/Consultant, conduit
work shall be carried out as per following CPWD specifications.
CPWD General Specification for Electrical Works (Part-I Internal)-2013/2005
CPWD General Specification for Electrical Works (Part-IV Sub-Station)-2013
CPWD General Specifications for Electrical works (Part VII D.G. Sets) -2013
CPWD General Specifications for Electrical works (Part VIII Gas based Fire
Extinguishing System) - 2013

148
Special Conditions of Contract

CPWD General Specifications for Heating, Ventilation & Air Conditioning


(HVAC) - 2004
CPWD General Specifications for electrical work (Part III-lifts and
escalators) - 2003.
The scope of work shall cover all conduiting work necessary to carry out
the complete electrical works to be embedded in wall, floor, ceiling but it
not specially mentioned above. All the internal/external electrification shall
include feeder pillar, panel, Distribution board, main/sub panel, PVC
cables, XLPE cable sheet/road light, poles, light fixture, fan, earthing etc.
Conduit layout
The Contractor shall submit to the Engineer-in-Charge / Architect detailed
layout plans of the conduit net-work and get the same approved. The layout
plan shall contain particulars regarding size and routes of the conduits,
number of wires carried and Inspection Boards and junction boxes provided
along the route of these conduits.
Completion drawings
At the completion of the work, the contractor shall submit to the Engineer-
in-Charge / Architect/Consultant, as installed conduit layout plans duly
indication the following:
Run and size of conduit.
Location and size of junction Boxes and pull boxes.
Location layout and size of U.G.Cable and its route.
Materials and equipments
All material and equipment shall be ISI marked until and unless no ISI
marked material exists for any particular material to be used for the project.
All material shall be got approved from Engineer-in-Charge/Architect/
Consultant prior use at the above project. The contractor shall submit
samples and technical literature of proposed material to the Engineer -in-
Charge/Architect/Consultant and would obtain written approval well in
advance. Approved list of materials at page no. 157 is for general guidelines
to the contractor but the same would be taken up to the Engineer-in-
Charge/Architect/ Consultant for approval who will accept or reject the
material if found, wanting not upto the requirement of Specific equipment
and model. Any item which is proposed as a substitute, extra shall be
accompanied by all Technical data giving sizes, particular of materials
and the manufactures name. At the time of submission of proposed
substitute, extra item the contractor shall state the credit if any due to the
owner. In the event of substitution, the contractor shall request to the
Engineer-in-Charge/ Architect in writing where no specific make is
specified, any first class product of reputed manufacture may be used,
provided it confirms to the requirement of these specifications with the prior

149
Special Conditions of Contract

approval of the Engineer -in- Charge. The Architects/Engineer -in-


Charges decision in this matter will be final.
Qualified staff
The Contractor shall employ a competent fully licensed qualified full time
Electrical foreman to direct the work of electrical installation in accordance
with drawings and specifications. The foreman shall be available at all
times on the site to receive instructions from the Engineer-in-Charge/
Architect in day to day activities, throughout the duration of contract. The
foreman shall co-relate the progress of the work in conjunction with at
relevant requirement of supply authorities. The wireman employed shall
be a competent and having wireman license. The contractor shall employ
all qualified skilled staff as per quantum of work as given in the Appendix
18 under reference of para 15.9 (8) of CPWD Manual, otherwise recovery
shall be made as per CPWD rule.
Specification for electrical works
The Electrical installation work shall be carried out in accordance with
Indian standard, code of practice for electrical Wiring installation, Code of
Practice Guide 'Appendix D, important Indian Standard Clause 1.22.4,
CPWD Specification. It shall be in conformity with the current Indian
Electricity rules and regulation and requirement of Local Electricity
Authority and fire insurance regulations in so far as these become applicable
to the installation. Electrical work in general shall be carried out as per
following CPWD specifications.
CPWD General Specification for Electrical Works (Part-I Internal)-2013/2005
CPWD General Specification for Electrical Works (Part-IV Sub-Station)-2013
CPWD General Specifications for Electrical works (Part VII D.G. Sets) -2013
CPWD General Specifications for Electrical works (Part VIII Gas based Fire
Extinguishing System) - 2013
CPWD General Specifications for Heating, Ventilation & Air Conditioning
(HVAC) - 2004
CPWD General Specifications for electrical work (PartIII-lifts and
escalators) - 2003.
Conformity to IE act, IE rules and Standards
List of rules of particular important to Electrical installations under these
General Specification is given in Appendix XVI for reference.
Work to be done by the contractor
Unless and otherwise mentioned in the tender documents, the following
works shall be done by the contractor, and therefore their cost shall be
deemed to be included in their tendered cost :-
(i) Foundations for equipment and components where required,
including foundation bolts.

150
Special Conditions of Contract

(ii) Cutting and making good all damages caused during


installation and restoring the same to their original finish.
(iii) Sealing of all floor openings provided by him for pipes and
cables, from fire safity point of view, after laying of the same.
(iv) Painting at site of all exposed metal surfaces of the installation
other than preprinted item like fittings, fans, switchgear/
distribution gear items, cubicle switchboard etc. Damages to
finished surfaces of these items while handling and erection,
shall however be rectified to the satisfaction of the Engineer-
in-Charge.
(v) Testing and commissioning of completed installation.
Storage and custody of material
The watch and ward of the contractor stores and their safe custody shall
be his responsibility till the final taking over of the installation by the
Department. No extra payment shall be made on this account.
Supply of electrical installation
The Contractor will take due care to ensure safety of electrical installation
during execution of work.
Tools for handling and erection
All tools and tackles required for handling of equipment and materials at
site of work as well for their assembly and erection and necessary test
instruments shall be the responsibility of the contractor.
Co-ordination with other agencies
The contractor shall co-ordinate with all other agencies involved in the
building work so that the building work is not hampered due to delay in
his work. Recessed conduit and other works which directly affect the
progress of building work, should be given priority.
Care of building
Care should be taken by the contractor to avoid damage to the building
during the execution of his part of work. He shall be responsible for
repairing all damages and restoring the same to their original finish at his
cost. He shall also remove at his cost all unwanted and waste materials
arising out of his work from the site.
Structural alterations to buildings
(i) No structural member in the building shall be damage/alter,
without prior approval of the competent authority through the
Engineer -in- Charge.
(ii) Structural provisions like opening, cutouts, if any provided by
the department for work shall be used. Where these required
modifications, or where fresh provisions are required to be

151
Special Conditions of Contract

made, such contingent works shall be carried out by contractor


at his cost.
(iii) All such opening in floor provided by the department shall be
closed by the contractor after installing the cables/conduits,
rising mains etc. as the case may be, by any suitable means as
approved by the Engineer-in-Charge without any extra payment.
(iv) All chases required in connection with the electrical work shall
be provided and filled by the contractor at his own cost to be
original architectural finish of the buildings.
Addition to an installation
Any addition, temporary or permanent to the existing electrical installation
shall not be made without a properly work out scheme/design by a quality
Electrical Engineer to insure that such addition does not lead to
overloading, safety violation of existing system.
Work in occupied building
(i) When work is executed in occupied buildings, there should be
minimum inconvenience to the occupants. The work shall be
programmed in consultation with Engineer-in-Charge and the
occupying department, if so required, the work may have to
be done even before and after office hours.
(ii) The contractor shall be responsible to abide by the regulations
or restrictions set in regard to entry into, and movement within
the premises.
(iii) The contractor shall not temper with any of the existing
installations including their switching operations or connections
thereof without specific approval from the Engineer-in-Charge.
(iv) The contractor will be responsible to keep safe custody of the
dismantle material from site if any and contractor shall deposit
the same in the store of Building & Construction Department.
Drawings
(i) The work shall be carried out in accordance with the drawings
enclosed with the tender documents and also in accordance with
modification thereof time to time as approved by the Engineer
-in- Charge.
(ii) All wiring diagrams shall be deemed to be Drawings within
the meaning of the term as used in Clause 11 of the conditions
of Contract (PWD 7 or PWD 8). They shall indicate the main
switch board, the distribution boards (with circuit numbers
controlled by them), the runs of various mains and sub-main
and the position of all points with their controls.

152
Special Conditions of Contract

(iii) All circuits shall be indicated and numbered in the wiring


diagram and points shall be given the same number as the
circuits to which they are electrically connected.
(iv) After award of work the contractor will be required to submit
the shop drawings showing detailed dimensions for the
proposed work including layout plan, conduit routes etc. Work
will be carried out as per approved drawings.
(v) The contractor should provide single line diagram for
Distribution Net work.
Quality of materials
All materials and equipments supplied by the contractor shall be new. They
shall be of such design, size and materials so as to satisfactorily function
under the rated conditions of operation and to withstand the environmental
conditions at site.
Inspection of materials and equipments
Materials and equipments to be used in the work shall be inspected by the
Departmental officers. Such inspection will be of following categories:
(i) Inspection of materials/equipments to be witnessed at the
manufactures premises in accordance with relevant BIS/
Agreement Inspection Procedure.
(ii) To receive material at site with Manufactures Test
Certificate(s).
(iii) To inspect materials at the Authorize Dealers Godown to
ensure delivery of genuine material at site.
(iv) To receive materials after physical inspection at site.
Adequate care to ensure that only tested and genuine materials of proper
quality are used in work shall be ensured by firm. The firm shall ensure that:
(i) Material will be ordered & delivered at site only with prior
approval of the department to ensure timely delivery.
(ii) As and when the order is placed for the fittings/fixtures, cables,
switchgears, poles, rising main, other main items etc. its copy
shall be endorsed to the Engineer -in- Charge, JMI.
(iii) The firm will be required to procure material like exhaust fans,
MCBs & DBs, switches & sockets, wires and cables, conduits
and switchgears etc directly from the manufacturer/authorized
dealers to ensure genuineness and quality and as per the
approved makes only. Proof in this regard shall be submitted
by the contractor if required by the department.
(iv) Inspection at factory or at godown of the manufacturer, as
required shall be arranged by firm for a mutually agreed date.

153
Special Conditions of Contract

Certificate for genuineness of the fittings shall have to provide


duly signed by the manufacturer officer not below the rank of
Regional Manager.
(v) Delivery of material shall be taken up only with the consent of
the department, after clearance of the material.
(vi) To furnish/provide such facilities as will be necessary for
inspection of the equipment before dispatch at the
manufacturer's works and also to witness such tests, at the
works, if so required by the department. The contractor shall
furnish information for this purpose and will give sufficient
notice regarding the dates proposed for such test to inspection
agency.
(vii) The tender specification will stipulate the inspection
requirements or their waver for various materials/equipments
including norms of inspection in specific cases.
(viii) Department shall reserve the right to wave inspection in lieu
of suitable test certificate, at its discretion.
Similarly, for fabricated equipments, the contractor will first submit
dimensional detailed i.e. G.A. drawing (also matching to site condition) and a
single line drawings for approval before fabrication is taken up in the factory.
Suitable stage inspection at factory also will be made to ensure
proper use of materials, workmanship and quality.
Ratings of components
(a) All components in a wiring installation shall be of appropriate ratining
of voltage, current and frequency, as required at the respective section
of the electrical installation in which they are used.
(b) All conductors, switches and accessories shall be of such size as to
be capable of carrying the maximum current, which will normally flow
through them, without their respective rating being exceeded.
Conformity to standards
(a) All components shall conform to relevant Indian Standards
Specifications, wherever existing. Materials with ISI certification mark
shall be preferred.
(b) A broad list of relevant Indian Standards is given in Appendix D in
CPWD general specification works Part-I internal in the codes of
practice guide. The Indian Standards, including amendments or
revisions thereof upto the date of tender acceptance, shall be
applicable in the respective contracts.
Workmanship
Good workmanship is an essential requirement to be complied. The entire

154
Special Conditions of Contract

work of manufacture/ fabrication, assembly and installation shall conform


to sound Engineering practice.
Proper supervision/ skilled workmen
The contractor shall be a licensed Electrical contractor of appropriate class
suitable for execution of the electrical work. He shall engage suitably
skilled licensed workmen of various categories for execution of work
supervised by supervisors/ Engineer of appropriate qualification and
experience to ensure proper execution of work. They will carry out
instruction of Engineer-in-Charge and other senior officers of the
Department during the progress of work.
Use of quality materials
Only quality materials of reputed make as specified in the tender will be
used in the work.
Fabrication in Reputed workshop
Switch boards and LT penal shall be fabricated in a factory /workshop
having modern facilities like quality fabrication, seven tank process,
powder/epoxy paint plant, proper testing facilities, manned by qualified
technical personnel. These shall be as per make/ item approved.
The tenderer shall specify some quality makes of fabrications with modern
facilities of design, fabrication and testing capable of delivering high quality
LT panels and switch boards after testing as per relevant specification.
The contractor will be required to furnish such facilities as will be necessary
for inspection of the equipment before dispatch at the manufacturer's works
and also to witnessing such tests, at the works, if so required by the
department. The contractor shall furnish information for this purpose and
will give sufficient notice regarding the dates proposed for such test to
inspection agency.
Testing
All tests prescribed in these General Specifications, to be done before,
during and after installation, shall be carried out, and the test result be
submitted to the Engineer -in- Charge in prescribed Performa, forming part
of Completion Certificate. After completion of installation, following test
shall be carried out.
(i) Insulation resistance test.
(ii) Polarity test of switch.
(iii) Earth continuity test.
(iv) Earth electrode resistance test.
All necessary testing instruments for the test shall be arranged by
the contractor, if so required by the Engineer -in- Charge at his own cost
without any burden on the Department.

155
Special Conditions of Contract

In case of substation work it shall be responsibility of contractor to get


clearance from the office of Chief Electrical Inspector at his own cost. Likewise
other work(s) such as fire fighting lift etc. the contractor shall be responsible
for getting clearnace for the work done from the concerned department.
Commissioning on Completion
After the work is completed, it shall be ensured that the installation is tested
and commissioned. On completion of an electrical installation (or an
extension to an installation), a certificate shall be furnished by the contractor,
counter signed by the certified supervisor under whose direct supervision,
the installation was carried out. This certificate shall be in the prescribed
form as given in Appendix E form of completion certificate (Clause 1.26)
of the CPWD general specification internal PartI.
Completion Plan and Completion Certificate
(i) For all works, completion certificate after completion of work
as given in Appendix E of CPWD general specification
Internal Part - I shall be submitted to the Engineer -in- Charge.
(ii) Completion Plan drawn to a suitable scale in tracing cloth with
ink indicating the following, along with three blue print copies
of the same shall also be submitted.
(a) General layout of the building.
(b) Location of main switchboard and distribution boards
indicating the circuit numbers controlled by them.
(c) Position of all points and their controls.
(d) Types of fittings, viz. fluorescent, pendants, brackets, bulk
head, fans and exhaust fans etc.
(e) Name of work, job number, accepted tender reference,
actual date of completion, name of building/department
and name of firm who executed the work with their
signature.
(f) Single line distribution plan.
Guarantee
The installation will be handed over to the department after necessary
testing and commissioning. Installation will be guaranteed against any
defective design/workmanship. Similarly the materials supplied by the
contractor will be guaranteed against any manufacturing defects, in inferior
quality. The guarantee period will be for a period of 12 months from the
date of handing over to the department. Installation/equipments or
components thereof shall be rectified/repaired to the satisfaction of the
Engineer -in- Charge. The firm will be required to submit guarantee of
fans and fittings from the manufacturer to the department.

156
List of approved makes for Electrical Items

BUILDING & CONSTRUCTION DEPARTMENT


JAMIA MILLIA ISLAMIA, NEW DELHI - 110025

LIST OF APPROVED MAKES FOR ELECTRICAL ITEMS

Switch & Socket : Anchor ISI (Piano type) Penta While Modular
type- North West, Anchor Roma, Schneider,
Legrand etc. or as per approved by Engineer
-in- Charge.

Flurorescent & Other fittings : As per Schedule.

Ceiling Light : Approved by Engineer-incharge.

Ceiling Fans : Khaitan (Bullet), Orient (New Breeze


PSPO), Havells (Velocity), Crompton
Greaves (High Speed).

M.S. Conduit : BEC, AKG upto 1.5" dia pipe 16 SWG and
14 SWG for over 1.5" dia Heavy duty.

PVC Conduit : AKG, BEC (H.M.S.).

M.S. Box : M.S. Sheet 16 Gauge or as per approved by


Engineer-incharge.

Wire (Multi Stand/Flexible : Batra Henly, Plaza, Havells, Finolex.

11KV/1.1KV XLPE Cable : Glouster, Grandlay, Havells, Skytone or as


per Schedule.

M.C.B., Isolator & Its D.B. : Legrand, Havells, L&T or as per Schedule.

MCCB : Schneider Electric, L&T, Legrand or as per


Schedule.

Energy Meter : Havells, Capital, HPL, A.E. or as per


Schedule.

Lugs & Glarnds : Dowells Sibg, Comexs, Comet or as per


Schedule.

Meters/Multifunction Meters : A.E., Havells, HPL or as per Schedule.

157
List of approved makes for Electrical Items

CTS : Kappa, A.E., Siemens, C&S or as per


schedule.

Puah Button : L&T or as per schedule

Air Circuit Breaker : L&T, ABB, Schneider or as per schedule

Connector Block : Elmax, Tosha or as per schedule

Contactor & Overload Relay : L&T, Siemens, Legrand, ABB or as per


schedule.

HDPE Pipe : REX or as per schedule.

Switch Gear/Isolator L.T. : Havells, L&T, Siemens, Legrand or as per


schedule.

Fuse Carrier Rewireable : Havells, Siemens, L&T or as per schedule.

HRC Fuses : L&T, Havells or as per schedule.

Pole Box : SHI, Sentex or as per schedule.

Bakelite Sheet : Hylam white only, Super Hylam ISI, Silver


Hylam ISI or as per schedule.

Indicating lamp : L&T, MDS, Havells or as per schedule.

Transformers Oil type : Crompton Greeves, Universal, Kirloskar or


as per schedule.

Transformer package/Dry type : Universal, Kirloskar, Crompton Greeves

HT Panel : L&T, Schneider, ABB, Crompton Greeves


or as per schedule.
Response indicator : Agni, or as per schedule.
Hooter Fire Panel : Agni, Khaera, or as per schedule.
Manual Call Box : Agni, or as per schedule.
Smoke/Heat detector : Apollo, Edward, or as per schedule.
Rack : HCL, VALRACk, Legrand or as per
schedule.

158
List of approved makes for Electrical Items

UTP Cable : AMP/Systimax/Tyco/Legrand/Molex or


as per schedule.

Telephone Cable : Finolex/Delton/Havells or as per


schedule.

Bus Duct : Hindalco, C&S or as per schedule.

Jack Panel : AMP/Systimax/Tyco/Legrand/Molex or


as per schedule.

I/Os with face plate : AMP/Systimax/Tyco/Legrand/Molex or


as per schedule.

L.T. Panels : Factory fabricated with approval on G.A.


Drawing as per approval of Engineer -in-
Charge

Silent DG set : Cummins, Kirloskar, Valvopanta, Catter


Piller, Mitsubishi

Light Fixture : Wipro, Phillips, Crompton or as per


schedule.

Capacitor : Ducati, Havells, L&T or as per schedule.

11/1.1 KV heat shrinkable


Indoor/Outdoor straight
through Cable Jointing Kit : Rechyem or as per schedule.
Fire Extinguishers : Omex, Minimax, or as per schedule.
Selector Switch : A.E., L&T, or as per schedule.
Voltmeter/ Ammeter : A.E., or as per schedule.
End Joint : Reycham Heat shrinkable kit, or as per
schedule.

Control Cable 1100V grade : Havells, Glouster, Grandlay or as per


schedule.

Note : The Engineer -in- Charge, JMI reserves the right to add or delete any material and
brand in the list of approved materials/brands. The list given above is for general
information to Contractor. All material provided by the Contractor shall be got approved
from the the Engineer -in- Charge.

159
Appendix

APPENDIX- XVI

1. Defects Liability Period : 12 Months

2. Period of Final Measurement : Three Months

3. Date of Commencement : 15th day from the day of letter


awarding works unless otherwise
specified

4. Time of Completion :

5. Liquidated damages at the rate : As per Clause 2

6. Minimum value of works for : Rs.

Interim Certificate

7. Retention Percentage : 10% (5% PG + 5% SD)

8. Release of Security Money : After defects liability of 12 months


period of 12 months or one rainy
season whichever is longer.

9. Total Retention Money including : 10%


Security by the Employer

160
PART II
PRICE BID FOR RESCO

Design Engineering, Manufacture,


Procurement & Supply, Erection, Testing,
Commissioning and Comprehensive
Operation & Maintenance for 25 (Twenty
Five) years of 2.25 MW(AC) Solar PV Plant
on RESCO Basis at Jamia Millia Islamia
University, NEW DELHI - 110025

Building & Construction Department


Jamia Millia Islamia
New Delhi - 110025

1
FORMAT-B

PRICE BID FOR RESCO

(To be submitted in a separate envelope)

RFS No: JMI/ / /2017 dated _____

Tariff
Year of Operation
(Rs/kWh)

(1) (2)
Year 1 w.e.f. date of
commercial operation to 31st
March of immediately
succeeding financial year

Year 2 w.e.f 1st April to


31stMarch of immediately
succeeding financial year
Year 3 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 4 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 5 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 6 w.e.f 1st April to
31st March of immediately
succeeding financial year
Year 7 w.e.f 1st April to 31st
March of immediately
succeeding financial year

1
Year 8 w.e.f 1st April to
31st March of immediately
succeeding financial year
Year 9 w.e.f 1st April to 31st
March of immediately
succeeding financial year

Year 10 w.e.f 1stApril to


31st March of immediately
succeeding financial year
Year 11 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 12 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 13 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 14 w.e.f 1st April to
31s March of immediately
Succeeding financial year
Year 15 w.e.f 1stApril to
31st March of immediately
succeeding financial year
Year 16 w.e.f 1st April to
st
31 March of immediately
succeeding financial year
Year 17 w.e.f 1st April to
31st March of immediately
succeeding financial year
Year 18 w.e.f 1st April to
31st March of immediately
succeeding financial year
Year 19 w.e.f 1st April to
31st March of immediately
succeeding financial year
Year 20 w.e.f 1st April to
31st March of immediately
succeeding financial year

2
Year 21 w.e.f 1st April to
31st March of immediately
succeeding financial year
Year 22 w.e.f 1st April to
31stMarch of immediately
succeeding financial year
Year 23 w.e.f 1st April to
st
31 March of immediately
succeeding financial year
Year 24 w.e.f 1st April to 31st
March of immediately
succeeding financial year
Year 25 w.e.f 1st April to
31st March of immediately
succeeding financial year

Total

Yours

faithfully Note:

a. The levellized tariff shall be calculated up to three decimal places.


However in case of a tie it may be expanded to break the tie.
.
b. Maximum allowable levellized tariff for this part is Rs.5.10 Per kWh.
c. Tariff in any year shall not be more than the DISCOM Tariff..
d. Bids not in conformity with above provisions will be rejected.

Date: Signature:...............................

Place: ...........................Printed Name............................

Business Address: Designation:...............................


(Company Stamp)...........................

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