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Annexure A TERMS - AND - CONDITIONS

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ANNEXURE-‘A’ (AGREEMENT)

(On Rs.300/- non-judicial stamp paper or franked Rs.300/-)

AGREEMENT FOR ELECTRICAL CONTRACT FOR STATE BANK OF INDIA, MUMBAI:-


LOCAL HEAD OFFICE MUMBAI

THIS AGREEMENT made on ___________ day of ___________, 201 BETWEEN STATE


BANK OF INDIA Incorporated under the State Bank of India Act, 1955, having its Local Head Office at
Mumbai (hereinafter called ‘the Bank’, and which expression shall include its successors and assigns) &
M/s. ______________________ having office at _____________________
_________________________________________________Mumbai 400_____ (hereinafter called ‘the
contractor’ which expression shall unless it be repugnant to the context or meaning thereof mean and
include his successors, legal representatives, administrators and assigns).
WHEREAS the Bank had tendered for annual maintenance contract of 3X600 KVA DG SETS at
Synergy, local Head Office, situated at Bandra Kurla Complex, Bandra(East), Mumbai (hereinafter
referred to as “building premises”. AND WHEREAS the Contractor has agreed to accept the contract on
terms and conditions hereinafter mentioned.
NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER :-
1. That this agreement shall be effective from and shall initially be for a period of 01 years commencing
from 1MARCH2017 to31JAN2018. The agreement may be renewed for further one annual period,
unless the parties decide otherwise; the renewals will take place by the Bank, giving notice in writing
of its intentions to renew this agreement at least 3 months in advance at the recorded address of the
contractor.

2. That the charges payable by the Bank to the Contractor for carrying out operation & maintenance
work are indicated below and unless provided for elsewhere no additional charges will be claimed
and be payable to the contractor.
Charges: Per annum Rs.___________/- (Rupees __________________________________
_____________________________ only), payable in 12 equal monthly installments at the end
of each month of service.
3. That the works to be performed by the contractor have been mentioned in the clauses hereinafter.
4. That during the term of this agreement, the contractor agrees to maintain the 3X600 KVA DG
SETS installations in the said building premises in good working order for this purpose will
provide the following including the scope of work mentioned hereunder. The Contractor shall
also carry out the repairs / maintenance on holidays as well as on Sundays. That the contractor
shall correct the faults and failures in the installations as per the under mentioned scope of work,
brought to his notice by the Bank, within a period of 24 hours on so being informed.
Scope of Work:-

1). Operation & maintenance of DG SETS and minor and major repairs of the system.

2). Contractor’s personnel shall arrange to take readings of indicating meters& energy meters.

3) Lube Oil System: - Contractor’s personnel will check Filter, If necessary replacement of same, will
also check Lube oil circulation and temperature and check of Radiators/ Cooling Tower and condenser.

4) Fuel Oil System:- Contractor’s Personnel will check Filter and if necessary will replace and check Fuel
Oil Circulation.

5)Air System:- Contractor’s personnel will check Air filter, Exhaust System, Tightening Fan Belts and
Dynamo Belts and checking/ Fitting coupling Bolts.
e) Alternator:- Contractor’s Personnel will do Blowing out dust from winding, Checking tightening of all
power connection and checking Diodes of field circuits.

6) AMF Panel: - Contractor’s Personnel will do General Cleaning of Panels, tightening of all control and
power connection. Checking Control Logic & trail run at E.A Set along with Battery bank.

7) If any repair is carried out, the waste created during such repairs, like carton boxes, broken pieces of
wires, tapes and such other material etc., shall be immediately removed out of site by the contractor as it
creates a fire hazards. The Bank’s saleable scrapped materials shall be kept by contractor in the place
designated for it by the Bank.

8).The contractor’s personnel shall work in close coordination with other agencies such as maintenance
contractors for lifts, air conditioners, plumbing, gardening, civil repairing, carpentry etc. Also, while
dealing with the Bank’s employees the contractor’s personnel shall be courteous in their behavior and
maintain cordial relations.

9) The contractor shall take all monsoon and other seasonal precautions, to protect the DG Sets. In case
any expense is involved in such precautions, the Bank shall be consulted beforehand.

10) The contractor shall co-operate with the electrical inspector, municipal inspectors and attend their
inspections and liaise with them in case of defective meters, rectification of bills etc. in particular, the
contractor shall ensure that earthing to the electrical installation is proper.

11).The contractor shall also provide repairs and maintenance service in response to oral including
telephonic notice by the Bank whenever necessary.
12) That the contractor shall carry out all repairs and maintenance services agreed to with the help of
qualified persons who are totally familiar with the work they are required to perform.

13).The rates shall include consumables like cotton waste, grease, insulation tapes, petroleum jelly
etc.

14).That the contractor shall maintain at the premises of the Bank a written maintenance and repairs log
book and shall record each work carried out by him, the fault, the date and time of commencement and
successful completion of repairs and maintenance work.

15) That if the contractor does not fulfill the provisions of the clauses hereinbefore mentioned, the
proportionate maintenance charges for those months will not be payable by the bank. The bank shall then
carry out the repair / maintenance work and any loss borne by the bank would be recovered from the
charges payable to the contractor.

16) That the contractor will not sub-contract or permit any other person to perform any of the work or
services agreed to with the bank without taking prior consent from Bank. It is agreed by and between
parties hereto that the contractor may ensure performance of a part or the whole scope detailed herein
through its authorized dealers and the same shall not be treated as sub-contracting.

17) That the contractor agrees that he and his persons will at all times comply with all security rules and
regulations in force from time to time at Bank’s premises while carrying out the work.

18) That person so deputed will sign the register for arrival and departure at the site which will be
maintained by the security staff at the Bank’s building.

19) That the bank shall not bear any transportation cost for materials under replacement / newly installed
or for the staff deputed to attend the complaint either on scheduled dates or otherwise during emergency.

20) That the contractor shall appoint qualified persons, after verifying their antecedents and a copy of
police verification reports and photograph of persons shall be submitted to the Bank for its record in case
specifically requested for.

21) That the contractor shall comply with the provisions of the Minimum Wages Act and all
relevant Acts of Government of Maharashtra, Central Government and shall also abide by all other
laws, bye-laws of the state, central and local authorities, for the services provided vide this
agreement.

22) That the contractor shall comply with the requirement for electrical inspector during annual
inspection.

23) That the Bank shall not be liable for any compensation in case of any fatal injury / death caused to
any other contractor’s employees while performing / discharging their duties / visiting Bank’s premises
for inspection or otherwise. The contractor shall provide all safety devices to its workmen and take out an
Insurance Policy (Contractors all risk policy) to cover all risk for all workmen employed for Bank’s work.
Copy of such Insurance Policy should be sent to the Bank for its record.

24) The Bank reserves the right to terminate the agreement in case of breach of any term and condition of
this agreement by the contractor without a notice of one month. In case the service deficiency/
performance under this agreement is is not cured within 30 days, the bank reserves its right to terminate
with immediate effect. The Bank also reserves its right, to claim damages for such breaches which may
be directly applicable to the contractor and the decision of the Bank in this regard shall be final.
Notwithstanding anything contained hereinabove, the total damages claimed by the Bank shall not exceed
100% of the contract value.

25) Break down maintenance and over hauling of the equipment will be in the scope of Annual
maintenance contractor.

26) Contractors should deploy electrical staff having experience in handling such power shutdown/
breakdowns situations and have ability and capable of trouble shooting and rectification.

27) Contractor should arrange the visit of their engineers to check all the controls of engines
&alternators and trails on OFF load/ On load positions at least once months

28) B&C CHECK-

Contractor should arrange for ‘B’ &’C’ CHECK KIT for all 3X600KVA DG-SET. Item no.2, 3 is
compulsory twice a year along with necessary submission of test report. Maintenance consumables
like lubricating oil, oil filter, coolant, top up oil in Annual Maintenance Contractor’s scope.

29) FORCE MAJEURE:-

Neither party shall be liable for delay in performing obligations if the delay or failure is due to any of the
following force majeure i,e. Act Of God or any Government Act, fire, earthquake, explosion, civil
commotion or any thing beyond the control of either party. The party shall use all reasonable endeavors to
minimize any such delay.

30) LIABLITIES AND INDEMINITIES:-

The contractors represent and warrant that the repair, replacement of parts and maintenance service
hereby provided do not violate or infringe upon any pattern copyright, trade secrets or other property right
of any other person or other entity. The contractors agrees that it will and hereby do indemnify the Bank
from any client directly resulting from or arising out of any breach or claimed breach of this warranty.

31) BUSINESS TERMINATION:-

In the event that the contractor shall close conducting business in the normal course or wind up, make a
general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its
business or shall avail itself or become subject to any proceeding under any Act or Statute of any Country
or State relating to insolvency or the protection of rights of creditors, then (at the option of the Bank not
withstanding class 1.0 of the agreement). This agreement shall terminate and be no further force and
effect and any property or rights of such other party tangible or intangible shall forthwith be returned to it.

32) TERMINATION OF THIS AGREEMENT:-

This agreement can be terminated as stated in paragraph no.1 and 20 above.


33) GENERAL:-

a) Headings are for guidance only and are intended to be read or construed as per this agreement.
b) No amendment to this agreement shall be effective unless it is in writing and signed by duly
authorized representative of both the parties.
c) Each party warrants and guarantees that it has full powers and authority to enter into and perform
this agreement and the person signing this agreement on behalf of each has been property authorized and
empowered to enter into this agreement. Each party further acknowledges that it has read this agreement
understands it and agrees to be bound by it.
d) Words importing the singular include the plural and vice versa.
e) In the event of any difference or dispute in connection with this agreement over the right or
obligations the parties have, the matter shall be settled by arbitration in accordance with the Indian
Arbitration and Conciliation Act 1996.
f) It is agreed that the tender enquiry, i.e. the Bank’s letter no. dated with its enclosures and
subsequent correspondence with the contractor, also form part of this agreement and accordingly are
enclosed herewith.

IN WITNESS WHERE OF THE PARTIES HAVE EXECUTED THIS AGREEMENT IN THE


ABOVE MENTIONED DATE.

FOR STATE BANK OF INDIA FOR CONTRACTOR

ASST.GENERAL MANAGER (P&E) AUTHORISED SIGNATORY


WITH STAMP

Witness: Witness:

1: 1:

2: 2:
ANNEXURE-B

TENDER TERMS & CONDITIONS.


.
1. This tender is for the Operation & maintenance of 3X600 KVA DG SETS of Synergy, Local Head
Office, Bandra Kurla Complex, Bandra(East) Mumbai.This scope of work essentially is pertaing to
upkeep &smooth working of the equipment.

2. Contractor should have Government Contract License, IPF, ESIC, labour license and experience in
similar field as mentioned in scope of work.

All works to be carried out in accordance with relevant Indian Standards. All the statutory
clearance, approval/permissions/licenses ether from pollution control board (CPCB), State
Electricity Board Or any other authority like Explosives Control Permission, Electrical Inspector
Approval etc under any statute or law for operating the power plant and that required bulk storage
tank shall be obtained by the annual maintenance contractor.

Manpower

Provide and maintain proper &efficient engineering services in the premises by deploying sufficient
number of trained, experienced and competent technical personnel. All statutory requirements like PF,
ESIC will be met with.
The minimum man power to be deployed shall be following.
a) Technician (2 nos.)- 7 days a week 9am to 6pm, with 3 or 4 years experience in DG Section of any
industry
Any additional manpower that may be required for operations or any other tasks shall be taken care by
contractor at no extra cost.

Contractor should provide Uniforms, Shoes, safety and protection gear, 15kV grade hand gloves,
Identity cards etc., to the staffs deployed, at no extra cost.
Contractor will ensure consistency of work and work force, correct trouble shooting, good workmanship,
follow all safety procedures and will make all necessary efforts to maintain healthy environment and
reliable services.

If any of the staff member appointed by Contractor is found to be ‘not competent’, he has to be replaced
by a right person within a stipulated time as instructed by Electrical Engineer- In-charge.
It is fully contractor’s responsibility to deploy qualified supervisor and Technician with relevant
Qualifications, License hands on experience (Minimum 7 to 8 Years) to handle electrical, UPS etc.
Equipments specified in the scope of work. They should be well conversant with Indian
DUTIES
1. Carry out day today activities required in operations that includes operation and monitoring of utility
services equipment, logging of all related parameters pertaining to equipment, assessing the data and
initiating necessary action depending on analysis of data/records.
2. Carry out maintenance services & checks at specified intervals (See detailed scope of work).

3. Coordinating with AMC contractor for break down maintenance &follow up as required. Continuous
efforts will be made to minimize the downtime of equipment

EQUIPMENT DETAILS &SCHEDULE

-Daily check of engine/alternator/cooling system


-Daily check of AMF panel
-DG load/no load trail as when required
-Monthly MIS
-Coordinate with the other maintenance staff(ac/electrical) for preventive & break down maintenance.

I. BILLS
1.All payments shall be made payable in 12 equal monthly installments at the end of each month of
service of submission of bills and on submission of followings.
i) Service invoice in duplicate.
ii)Site certification bill.
iii)PF challan.
iv)ESI challan/workmen’s compensation policy.
vi) Service tax paid challan

2.Also, any minor jobs (Less than Rs. Fifty Thousand ) that needs to be carried out shall be executed by
the contractor as per instructions of the electrical engineer and the rate shall be worked out as per
prevailing market rate for which the Contractor has to produce documentary evidences for the cost of
materials and labor. For carrying out maintenance work consumable will be either supplied by the
Department or Contractor for agreed rate. However, all kinds of labour expertise are included in the scope
of work except for new works.
3. Consumables shall be supplied by the Contractor at the actual rates prevailing at the time of purchase.
Copy of price list of the manufacturers has to be enclosed along with the bills while claiming payment for
consumables.

4. SPARES: All running spares, pertaining to the installations covered in this contract, should
always be stocked and maintained by contractor in his custody, up to a minimum worth of RS.
10,000/- at any given time. Spares stock list to be submitted every month. Usage of any spares at
SBI shall be paid against bill after due verification by Electrical Engineer in Charge.

PENALTY
i) As the work involved is quite specialized and continuous monitoring is required, absenteeism of the
contractor’s employees will not be tolerated . He will have to provide suitable replacement in case of any
absentee and advise the same to the bank’s engineers immediately. A penalty of Rs.5000/- (Rupees Five
Thousands Only) per day per person will be imposed if anyone of the shift personnel is found absent
from the duty. and Holidays in addition to shift personnel. Also penalty of Rs.500/- (Rupees Five hundred
Only) per day per person will be imposed if anyone of the shift personnel is found without uniform from
the duty.

ii) Non- Compliance of work: In the event of failure of compliance of awarded work in stipulated time
penalty will be imposed as per double of actual expenditure incurred in attending to the same by other
Agency.

iii) Any accident due to negligence in following of safety procedures is purely at the responsibility of
Contractor. Department is not responsible for any accidents/damages/death. Safety of all the staff of the
Contractor is the sole responsibility of the Contractor.
Contractor shall submit staff pattern & general scheme to carry out the above work along with the bid.

9. Contractor will be responsible for any act of sabotage, misdeed, indiscipline, and negligence on the part
of contractor or his employees. Penalty or legal action, as decided by SBI shall be imposed on the
contractor.

ATTACHEMENT WITH TENDER DOCUMENTS


The tender must be accompanied by valid authenticated photocopies of the following without which
the tender shall be rejected.
(i) Service Tax registration.
(ii) E.S.I.C. Registration or workmen’s compensation policy.
(iii) Sales tax registration.
(iv) Professional Tax Challan.
.
PAY WAGES TO THE EMPLOYEES
1. The contractor shall be required to pay wages to the employees engaged for the purpose of this
contract, at least as per the requirements of the minimum wages act. While quoting, service tax, PF, ESIC
etc. must be considered. Minimum wage of the staff should not be less than minimum Wage Act
applicable to the respective category/experience. Only those quotations where amounts quoted are
more than the minimum wages amount shall be considered. The Bank reserves the right to reject such
bids which fall below the amount calculated on the basis of minimum wages plus service tax, PF, ESIC,
etc. The charges under various heads such as service tax, PF, ESIC etc. must be shown separately while
quoting. In case of tie, i.e. in the case of two or more tenderers appearing “Prima Facie” lowest i.e.,
quoting the same figure before or after the arithmetical check etc., an opportunity shall be given to such2
or more parties for making a revised offer on the basis of a percentage reduction in the total value, in
sealed covers, which shall be opened on a fixed date in the presence of those two tenderers.
Contractor will submit the details of minimum wages as per Minimum Wage Act. As applicable to the
respective category/Experience at the time of submission of Tender bid.
2. The rates quoted should be such that the contractor can absorb the increase in minimum wages during
the next 2 to three years. The agreement shall be initially for a period of one year. The agreement may be
renewed for further period of 1 year unless the parties decide otherwise.
The contractor shall be required to enter into an agreement with the bank as per draft enclosed. The
agreement will be stamped by the contractor at their own cost.
Contractor will ensure that the deployed staff should have basic qualification and capable of handling
work as stipulated in scope of work.
In case of delay, repetition of work, non compliance, inadequate staff etc... Penalty will be imposed as per
the penalty clause mentioned in terms and condition.
Consumables shall be supplied by the Contractor at the actual rates prevailing at the time of purchase.
Copy of price list of the manufacturers has to be enclosed along with the bills while claiming payment for
consumables.

Place: Accepted

Date: Signature and Stamp of contractor

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