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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.
2
PART I
COMMERCIAL &TECHNICAL BID DOCUMENTS
3
Dated: 05.06.2017
Notice Inviting Tender
Building & Const. Department, Jamia Millia Islamia
(A central University), Jamia Nagar, New Delhi -110025
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.
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
5
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.
5
SECTION I
BRIEF PARTICULAR OF THE WORK
1. Salient details of the work for which bids are invited are as under :
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.
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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.
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.
(b) Experience in similar nature of work during last 07 years Maximum 20 marks
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.
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
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.
Enclosures:
Seal of bidder
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
(ii) Profit/Loss
13
FORM B
This is to certify that to the best of our knowledge and information that M/s/ Sh .
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
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
2. Agreement no.
3. Capacity of plant
4. Cost of plant
5. Date of start
17
FORM F
STRUCTURE & ORGANISATION
1. Name & Address of the bidder
3. Legal status of the bidder (attach copies of original document defining the legal status)
(a) An Individual
1.
2.
3.
5. Names and titles of Directors & Officers with designation to be concerned with this work.
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
18
FORM G
Signature of Bidder(s)
19
FORM H
DETAILS OF TOOLS AND EQUIPMENT LIKELY
TO BE USED IN CARRYING OUT THE WORK
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.
Particular of the Authority, class and tender amount/limit upto which I/we am/are eligible to tender
are furnished below :
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)
21
POWER PURCHASE AGREEMENT
FOR
AT
BETWEEN
AND
__________________________________
1
TABLE OF CONTENTS
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
Between
JAMIA MILIA ISLAMIA ("JMI") Registrar, Jamia Millia Islamia, Jamia Nagar,
Mohammad Ali Johar Marg , New Delhi 110025 (hereinafter referred to as
"Purchaser")
AND
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
3
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.
1.1 Definitions
(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')
(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.
(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)
(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;
5
(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
(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
6
obligations of the dissolved and liquidated entity under this
Agreement and is in a position to the perform them.
(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.
(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.
7
(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
(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.
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.
1.2 interpretation
(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.
3.1 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.
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.
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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)
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.
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.
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shall ensure that sufficient load is available at the Delivery Point to
ensure synchronization and drawl of power from System.
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.
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.
(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.
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(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)
(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.
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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.
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.
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.
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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
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.
(a) The Solar Power calculations for the relevant billing period.
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.
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.
(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
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date, resulting into any additional recurring / non-recurring expenditure
by the Power Producer or any income to the Power Producer.
(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.
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if such Change in Law has not occurred and such impact shall be
mutually decided in writing.
8 General Covenants
(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.
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(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.
Name: ________________
Telephone: ____________________
Email: _______________________
Name: __________________________
Telephone: _________________
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Email:_______________________
(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.
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.
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.
(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.
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).
(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;
(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.
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.
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.
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.
12 Default
(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;
(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.
(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.
(a) Purchaser Default: The following events shall be defaults with respect
to Purchaser (each, a "Purchaser Default")
(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
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
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
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
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.
Permitted Disclosures
(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
(d) becomes available to the receiving Party without restriction from a third
party under no obligation of confidentiality..
16 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.'
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
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.
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.
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
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.
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
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
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
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.
39
FOR & ON BEHALF OF FOR & ON BEHALF OF POWER
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
Premises Overview
security arrangement
Capacity 2.25MWp
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.
43
14th year 48%
24th year 8%
25th year 4%
44
Client : _
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
47
NAME OF THE BENEFICIARY
BANK ADDRESS
IFSC/NEFT/RTGS CODE
MICR CODE
48
ANNEXURE 2
Power Producer
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
RFS No:
Dated:
Email: @jmi.ac.in
INDEX
..
2
JAMIA MILIA ISLAMIA
(A Central University)
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.
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
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:
controls or
b. is controlled by or
c. is under common control with
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.
1.5. 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.
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.
1.13. 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;
1.20. Maximum Bid Capacity shall mean 2.25 MWp which is the maximum
capacity for which the Bidder can submit its Bid.
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).
1.30. 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;
1.34. 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.
1.36. 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;
9
INTERPRETATIONS
1. Words comprising the singular shall include the plural & vice versa
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
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.
2.1 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.
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.
3.3. 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.
3.4.1 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.
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.
(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.
3.6.3 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
13
provide the Audited Annual Reports for 3(Three) years preceding the year for
which the Audited Annual Report is not being provided.
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.
3.8.1 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.
3.9.1 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.
14
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.
3.10.1.1 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
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.
vi. Details for meeting Financial Eligibility Criteria as per Clause no. 3.4.3
15
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.
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).
3.12.1 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.
16
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.
17
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.
3.13.1 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.
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:
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:
18
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.
3.15.1 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.
3.16.2 Name of the Bidder, price details of the Bid bond at the time of opening of
Envelope-I and Envelope-II.
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
19
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.
3.19.1 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)
3.20.1 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.
3.21.2 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.
3.23.6 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.
22
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.
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.
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.
23
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.
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.
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.
The Contract shall be interpreted in accordance with the laws of the Union of
India.
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. .
"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.
3.35.1. 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.
3.35.6. SEVERABILITY:
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.
3.35.10. CORRESPONDENCE
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.
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SECTION-II
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;
h. More than one Member of a Bidding Company using the credentials of the
same Parent Company /Affiliate;
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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.
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.
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.
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
5.3.4.1. 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.
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.
31
5.5.1. Standalone system is not allowed under this scheme. The system should
be grid interactive.
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.
6.1. 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.
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.
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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.
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.
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.
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.
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
35
SECTION-III
TECHNICAL SPECIFICATIONS
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
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).
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.
h) The minimum clearance of the structure from the roof level should be 300
mm.
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Variation in supply voltage +/- 10 %
Variation in supply frequency +/- 3 Hz
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.
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.
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.
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.
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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.
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25.1. LIGHTNING PROTECTION
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.
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.
26. CABLES
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Cables of appropriate size to be used in the system shall have the following
characteristics:
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
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.
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.
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.
c. The size and type of board and display shall be approved by Engineer-in
charge before site inspection.
48
SECTION -IV
Format-1
Covering Letter
(The covering letter should be on the Letter Head of the Bidding Company)
__________________ __________________
Tel. #: Fax#:
E-mail address#
To
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
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.
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
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
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
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
With Stamp
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.
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
Mr.
Accepted
..
Signature of Attorney
Attested
56
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
To,
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
59
Name of Relationship Financial Year of
Financially with Bidding year Incorporation
Evaluated Company** Annual
Entity* Turnover
(Rs. Crore)
**
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
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.
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.
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.
2
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
4
General Rules
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
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.
6
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.
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
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: ___________________________________________
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
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)
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.
11
General Rules
12
General Rules
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.
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:
15
Clauses of Contract
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.
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.
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.
(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
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
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.
21
Clauses of Contract
22
Clauses of Contract
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
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
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
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.
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
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
34
Clauses of Contract
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.
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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.
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.
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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
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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
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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.
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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.
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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.
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(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.
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,
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(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.
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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
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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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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.
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(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.
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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
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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
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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
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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
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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/
58
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.
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.
59
Clauses of Contract
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.
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
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.
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
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Clauses of Contract
(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.
63
Clauses of Contract
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
66
Clauses of Contract
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
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
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
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
..............
..............
..............
Dear Sir,
Yours faithfully
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.
73
Integrity Pact
INTEGRITY AGREEMENT
of . 20..
BETWEEN
AND
...........
(Name and Address of the Individual/ Firm/ Company)
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)
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.
75
Integrity Pact
76
Integrity Pact
(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).
77
Integrity Pact
(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
(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.
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.
(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.
__________________________________
(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
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
82
CPWD Safety Code
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
84
CPWD Safety Code
85
CPWD Safety Code
86
CPWD Safety Code
87
CPWD Safety Code
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.
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
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.
92
Protection of Health and Sanitary
8. CRCHES
(i) At every work place, at which 20 or more women worker are
93
Protection of Health and Sanitary
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
95
Protection of Health and Sanitary
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
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.
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
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).
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
103
CPWD Contractors Labour Regulations
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
105
Proforma of Registers
Appendix - II
106
Proforma of Registers
Appendix - III
LABOUR BOARD
Name of Work : .
Name of Contractor : .
Address of Contractor : .
...
Weekly-holiday
Wage-period.
Working-hours.
Rest-Interval
107
Proforma of Registers
Appendix - IV
108 FORM XIII
(See Rule 75)
Register of Workmen Employed by Contractor
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
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
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Wage Card No. . Appendix - VII
(Obverse)
Wage Card
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
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 .................................................................................
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
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
5. Identification Marks......
6. Fathers/Husbands name....
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
115
Proforma of Registers
116
Appendix - XI
FORM XII
[(See Rule 78(2)(d)]
Register of Fines
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
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
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
SCHEDULE C
Tools and plants to be hired to the contractor
121
Schedule (A to F)
SCHEDULE D
Extra schedule for specific requirement/ documents for the work, if any.
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.
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)
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
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.
1.
2.
1.
* *
2.
129
Guarantee Bond
130
Guarantee Bond
131
Guarantee Bond
132
Guarantee Bond
133
Guarantee Bond
134
Additional/ Particular Conditions and Specifications
135
Additional/ Particular Conditions and Specifications
136
Additional/ Particular Conditions and Specifications
137
Additional/ Particular Conditions and Specifications
138
Additional/ Particular Conditions and Specifications
139
Additional/ Particular Conditions and Specifications
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
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.
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
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
146
List of preferred makes for Electrical Items
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
148
Special Conditions of Contract
149
Special Conditions of Contract
150
Special Conditions of Contract
151
Special Conditions of Contract
152
Special Conditions of Contract
153
Special Conditions of Contract
154
Special Conditions of Contract
155
Special Conditions of Contract
156
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.
M.S. Conduit : BEC, AKG upto 1.5" dia pipe 16 SWG and
14 SWG for over 1.5" dia Heavy duty.
M.C.B., Isolator & Its D.B. : Legrand, Havells, L&T or as per Schedule.
157
List of approved makes for Electrical Items
158
List of approved makes for Electrical Items
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
4. Time of Completion :
Interim Certificate
160
PART II
PRICE BID FOR RESCO
1
FORMAT-B
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
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
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:
Date: Signature:...............................