Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.

Client: State Bank of India Officers’ Association, (Chennai Circle)

Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

SCHEDULE OF FISCAL ASPECT

a) Name of Project : Residential Township ‘Unity Enclave’

b) Location : Chennai

c) Client : M/s. State Bank of India Officers’ Association,

SBIOA Institute for Trade Union Education and Research,
229,“Mercantile Plaza” Second floor, NSC Bose road,
Opp. Madras High court Entrance,Chennai-600 001

d) Architect : M/s Kembhavi Architect Foundation

‘Shreyas’, plot no. 1872,
11th Main, 38th ‘A’ Cross,
4th ‘T’ Block, Jayanagar, Bangalore

e) Project Management : M/s. SAI Consulting Engineers Pvt. Ltd.,

Consultant Sai House, Satyam Corporate Square,
Behind Rajpath Club, Bodkadev,
Ahmedabad - 380059

f) Landscape Consultant: M/s. Grene

# 8/1, 4Th Floor ,9th Main,
Banashankari Krupa, Hongassandra
Bangalore- 560 068

g) Validity of offer : 120 days from the date of submission of offer.

h) Date of commencement : Within 7 days from date of issue of letter of Award.

i) Time of completion : 150 days from date of LOA

j) Liquidated damages for

Non completion on time : 0.5% of the contract value per week with a maximum of
5% of the contract value.

k) Taxes & Duties : Inclusive of all taxes but not limited to Service tax , VAT,
duties, octroi, freight, insurance cost, custom duty, port
clearance, value added tax, etc. prevalent as on date

1
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

shall be included in the quoted price as applicable on

the date of submission.

Statutory variations on Service tax on undelivered

portion only shall be to Owner’s account on submission
of documentary proof. Bidder to show the amount of
service tax separately in the submission.

l) Payments : The Engineer in Charge shall certify Adhoc within 7 days

from the date of submission of the bills by the
Contractor in the required format and with all
supporting documents. The Payment shall be released
within 21 days from the date of submission of Bill by
Engineer In charge. The bills shall be submitted only
once in a month.

Payment within 30 days after certification of invoices

m) Mobilisation Advance : 10% Mobilisation Advance against the submission of

equivalent amount BG. Mob Advance shall be
released after receipt of Performance BG, Advance
BG & Schedule of work
Mobilization advance will be recovered from 2nd RA
Bill onwards @ 12.5% of the cumulative amount of
each bill so that entire Mobilization advance is
recovered by the time work done reaches 80% of
contract value

n) Retention Amount : Retention amount of 5% of bill value shall be deducted

from each Bill subject to maximum of 5% of total
contract value. Retention money shall be released on
completion of DLP of 24 months

o) Deleted
p) Defects liability period : 24 months from the date of completion and
handing over as certified by the Project
Manager.

q) Extra Items : Market analysis rate and labour + 15% overheads & profit
(includes all incidental cost)

2
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

r) Earnest Money Deposit Rs. 8,00,000/- in the form of D.D. in favour of

"SBIOA (CC), Housing Project", payable at
Chennai from Nationalised/Scheduled Bank

s Performance Guarantee /Bond. :5% of contract value BG to be submitted within 10 days

from LOA and valid up to 2 months after date of virtual
completion of project.

t. Insurance : Before commencing the execution of works, the

Contractor without limiting his obligation and
responsibilities under this contract shall obtain
insurance cover under the following policies:
Following Insurance to be arranged by
Contractor

Third party insurance to cover for any damages to

third party. Liability of each incident shall be of 10
lacks minimum. No limits on no of incident.

However if any third party claims arises due to

Contractor’s negligence and Owner has to pay in
any way, the same shall be recovered from the
Contractor.

However Contractor shall arrange for Workman

Compensation policy for his workers. , and shall
arrange insurance for Tools ,Tackle equipments
etc. to cover against damage, fire, theft, floods
and all other natural calamities or any other loss
of all material and equipment to be brought at
site. Transit insurance of the equipments
(indigenous/Imported) shall be in the
Contractor’s scope

The Contractor shall be responsible for any delay

due to detention of goods at port or within transit.

3
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

The Contractor shall insure against all such

liabilities and shall continue such insurance
during the whole of the time when any persons
employed by him are on the works.

u. Water and Electricity : The Electric Power to be arranged by Contractor.

Non-availability of power for any reason
whatsoever shall not constitute any reason for
delay, extra claims or additional cost incurred for
the performance of this contract.
Water to be arranged by the contractor at his
own cost.

The Contractor to arrange power & water for

installation/Testing /commissioning period.

Non-availability of power and water for any

reason whatsoever shall not constitute any
reason for delay, extra claims or additional cost
incurred for the performance of this contract.

4
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

v. Arbitration/Suspension ENGINEER-IN-CHARGE’S DECISION:

of work
If a dispute of any kind whatsoever arises between
the Owner and the Contractor in connection with,
or arising out of, the Contract or the execution of
the works, whether during the execution of the
works or after their completion and whether
before or after repudiation and /or termination of
the Contract, including any dispute as to any
opinion, instruction, determination, certificate or
valuation of the Engineer-in-Charge, the matter in
dispute shall, in the first place, be referred by the
disputed party in writing to the Engineer-in-
Charge , with a copy of the same to the non
disputing party. No later than the Thirty (30) days
from the date of receipt such reference the
Engineer-in-Charge shall give notice of his decision
to the Owner and the Contractor. Such reference
and decision shall state that it is made pursuant to
this Clause.

i) During the period when the dispute and

difference arose and the time taken by the
Engineer-in-Charge to decide and
communicate its decision to the Owner and
the Contractor and thereafter unless the
Contract has already been repudiated or
terminated, the Contractor shall, in every
case, continue to proceed with the works
with all due diligence and the Contractor
and the Owner give effect forthwith to
every such decision of the Engineer-in-
Charge unless and until the same shall be
revised, as hereinafter provided, in an
amicable settlement or an arbitral award.

5
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

ii) In the event the Owner or the

Contractor is dissatisfied with any
decision of the Engineer-in-Charge, or if
the Engineer-in-Charge fails to give notice
of his decision on or before the thirtieth
(30th) day from the day on which he
received the reference, then either the
Owner or the Contractor may, on or
before the twenty fifth day after the day
on which he received notice of such
decision, or on or before the twenty fifth
(25th ) day from the day on which the said
period of thirty (30) days expired, as the
case may be, give notice to the other party,
with a copy for information to the
Engineer-in-Charge, of his intention to
refer the dispute to arbitration and
commencement of arbitration, as in the
manner hereinafter provided., subject to
Sub-Clause under heading
“ARBITRATION”, it is hereby agreed that no
such arbitration in respect thereof may be
commenced unless such notice is given.

iii) If the Engineer-in-Charge has given notice of

his decision as to a matter in dispute to the
Owner and the Contractor and no notice of
intention to commence arbitration as to
such dispute has been given by either party
the Owner or the Contactor on or before
the twenty fifth (25th) day after the day on
which the parties received notice as to such
decision from the Engineer-in-Charge, the
said decision shall become final and binding
upon the Owner and the Contractor.

6
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

: AMICABLE SETTLEMENT:

Where notice of intention to commence

arbitration as to the dispute has been given in
accordance with Sub-clause under heading
“ENGINEER-IN-CHARGE’S DICISION” Para no (iii),
the parties shall attempt to settle such dispute
amicably before the commencement of
arbitration. Provided that, unless the parties
otherwise agree, arbitration may be commenced
on or after the thirtieth (30th) day from the day
on which notice of intention to commence
arbitration of such dispute was given, even if no
attempt at amicable settlement thereof has been
made.

ARBITRATION
i. If either the Owner or the Contractor or
both do not agree to the decision of the Engineer-
in-Charge wholly or in part relating to any dispute
referred to Engineer-in-Charge the same shall be
finally referred to arbitration and be settled in
accordance with the Arbitration and conciliation
Act, 1996.

ii. Each party shall be entitled to nominate

one arbitrator each and the two arbitrators shall
jointly nominate a third presiding arbitrator. The
arbitrators shall give a reasoned award. The
parties agree that any arbitration award shall be
final and binding upon the parties.

7
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

iii. The place of arbitration shall be in Chennai and

the language of arbitration shall be English.

iv. The cost of arbitration shall be shared equally

between both the parties.

v. The parties hereto agree that the Contractor

shall be obliged to carry out their obligations
under the Contract unless the Contract has
already been repudiated or terminated, in the
event the dispute is referred to arbitration. It is
further clarified that the Owner shall be entitled
to retain any sum or portion of the Contract Sum
which has become due and payable, for any
unfinished works or any subject matter under
arbitration.
During the period when a matter/dispute is
referred to the decision of the Engineer-in-Charge
and if thereafter the matter is referred to
Arbitration, the Contractor shall be bound by
interim or final decision taken by the Engineer-in-
Charge and continue to perform its obligations
under this Contract, unless the same is stayed,
modified or reversed by any interim or final
award/order of the Arbitrators.

NOTICES
All certificates, notices or written orders to be
given by the Employer or by the Engineer to the
Contractor under the terms of the Contract shall
be served by sending by registered post or by
Courier or delivering the same to the Contractor's
principal place of business, or such other address
as the Contractor shall nominate for this purpose.

x. Escalation : All unit rates shall be firm and escalation free for
duration of contract period and for any extension
of time granted by employer.

8
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

y. Storage & contractor’s : Space by client. However, partition, doors and

site office security by contractor & the responsibility of
their material lies with the Contractor till the final
handing over. In case the store is required to be
shifted (Contractor shall make the arrangement
without any extra charges.)

9
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

PROFORMA OF BANK GUARANTEE FOR ADVANCE

(On Stamp Paper of Rs. 100)
Place: ………
Date: …….…
(On non-judicial stamp paper of Rs.-----/-)
BANK GUARANTEE IN LIEU OF advance
B.G No. Value Rs.
The Chairman, Housing Project
“Unity Enclave “, State Bank of India officers’ Association (Chennai Circle) ,
SBIOA Institute for Trade Union Education and Research,
…………………………,
Chennai-600 001
Sub: Bank Guarantee of Rs……….. towards Advance for the work of Residential township ‘Unity Enclave’ at
Mambakkam, Chennai
Dear Sir,
WHEREAS……….. (Name and address of the Vendor) (hereinafter called the Vendor) have entered into contract for
“Supply and Installation of Lift for Proposed Unity Enclave -Residential Township for State Bank of India Officers’
Association,(Chennai Circle) at Mambakkam, Chennai”(Name of work) with State Bank of India Officers’
Association Chennai Circle (hereinafter referred to as “the Client”)as mentioned in the MoU vide letter No.
……………………………dated………………………….2017. And the correspondence thereto which is hereinafter
referred to as “the said contract” the Vendor has now agreed to produce a Bank Guarantee amounting to 10% of the
Contract value of Rs…………(Rupees only) to "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) for
performing their part of the contract obligations.
AND WHEREAS it is one of the terms of the said Contract that the Client may on application by the Vendor and in
its sole discretion advance to the Vendor to the extent of 10 %contract amount as and by way of advance against bank
guarantee to secure repayment of the same and for use by the Vendor for the purpose of the said works and for no
other purpose.
AND WEHREAS the Vendor have requested the Client to grant to them the said mobilisation advance of Rs. ……
…… ……. …… which the Client has agreed to grant on the Bidder furnishing guarantee to "The Chairman", Housing
Project, "Unity Enclave", SBIOA (CC)) a Guarantee of a Nationalized/Scheduled Commercial Bank for a value of
Rs……. to be valid up to (date)….. .
AND WHEREAS (Name of bank and its branch) having their office at (address) (hereinafter referred to as “the
Guarantor”), at the request of the Vendor hereby furnishes a BG in favour of "The Chairman", Housing Project, "Unity
Enclave", SBIOA (CC) and guarantees in the manner hereinafter appearing.
In consideration of the Client agreeing to give advance to the Vendor, the said sum of Rs. …… …………. ……
(Rupees …… …… ……. ………… …… ……. ……only) as and by way of advance subject to terms and conditions
as set out in the aforesaid Bid / Contract executed by the Vendor. We, the …… …… ……. …… Guarantor hereby
unconditionally and irrevocably guarantee unto the Client that the Vendor will diligently, efficiently and satisfactorily
perform all their obligations under the various terms and conditions of the Contract conditions within the stipulated
time to the full satisfaction of the Client and its Representative and shall utilize the said advance exclusively for the
purposes of the contract and in particular for making the arrangements and mobilisation of men, materials, machinery,
equipment etc. necessary for the said work and present their running bills from time to time as contemplated in the
said contract, failing which the Guarantor shall forthwith on immediate demand by the Client and without demur or
protest and without recourse to the Vendor or anybody else pay unto the CLIENT the sum of Rs. …… …… …….
…… (Rupees ………… ……. ………… …… ……. ……only).
Guarantor agrees to pay the aforesaid amount of Rs…. (Rupees only) within 48 hrs of receipt of demand by "The
Chairman", Housing Project, "Unity Enclave", SBIOA (CC).
It is agreed that notwithstanding what is contained hereinabove the Client shall be entitled to invoke this guarantee if
the contract with the Vendor is terminated either by the Client as provided in the contract / Bid conditions, and a
certificate issued by the Client to the effect that the contract is so terminated shall be conclusive and binding upon the
Guarantor.
i. Such payment shall be notwithstanding any right the Vendor may have directly against "The Chairman", Housing
Project, "Unity Enclave", SBIOA (CC) or any suits or proceedings pending in any competent court or before any

10
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

arbitrator, "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC)‘s written demand shall be conclusive
evidence to the Guarantor that such payment is payable under the terms of contract and shall be binding in all respects
on the guarantor.
ii. The Guarantor shall not be discharged or released from the undertaking and Guarantee, by any arrangement,
variations made between "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) and the Vendor and or
indulgence shown to the Vendor by "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) with or without
the consent and knowledge of the guarantor or by alterations in the obligations of the Vendor by any forbearance,
where as to payment, time performance or otherwise.
iii. This guarantee shall remain valid until or as may be caused to be extended by the Vendor or until discharged by
"The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) in writing or whichever is earlier.
iv. This guarantee shall be continuing guarantee and shall not be revocable during its currency except with the previous
written consent of "The Chairman", Housing Project, "Unity Enclave", and SBIOA (CC).
v. In order to give effect to this guarantee "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) will be
entitled to act as if the Guarantor were the Principal debtor and the Guarantor hereby waives all and any of its rights
or surety
vi. This guarantee shall continue to be in force notwithstanding the discharge of the Vendor by operation of law and
shall cease only on payment of the full amount by the Guarantor to "The Chairman", Housing Project, "Unity Enclave",
SBIOA (CC) of the amount hereby secured.
vii. This guarantee shall be in addition to and not in substitution for a any other guarantee or security for the Vendor
given or to be given to "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) in respect of the said contract.
viii. Any notice by way of request, demand or otherwise hereunder may be sent by registered post to the Bank
addressed as aforesaid and if sent by registered post, it shall be deemed to have been given at the time when it would
be received and duly acknowledged by the bank at its counters.
ix. The presents shall be governed by and constructed in accordance with Indian Law.
Notwithstanding anything contained herein above:-
a) Our liability under this bank guarantee shall not exceed Rs..........................
b) This bank guarantee shall be valid up to.....................
c) We shall be liable to pay any amount under this bank guarantee or part thereof only if we receive (if you serve upon
us) a written claim or demand under this guarantee on or before .................. at …………………….
Dated the……………………
For(Name of Bank)
(Signature/s with designation/s of signatory/ies)
(Name and stamp of bank)

11
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

H. PERFORMANCE BOND BANK GUARANTEE PROFORMA

Place: ………
Date: …….…
(On non-judicial stamp paper of Rs.-----/-)
BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT
B.G No. Value Rs.
The Chairman, Housing Project
“Unity Enclave “, State Bank of India officers’ Association (Chennai Circle) ,
SBIOA Institute for Trade Union Education and Research,
…………………..,
Chennai-600 001

Sub: Bank Guarantee of Rs……….. towards Security deposit for the work of State Bank of India Officers” Association
Chennai Circle
Dear Sir,
WHEREAS (Name and address of the Vendor) (hereinafter called the Vendor) have entered into contract for“Supply
and Installation of Lifts for Proposed Unity Enclave -Residential Township for State Bank of India Officers’
Association,(Chennai Circle) at Mambakkam, Chennai”(Name of work) with State Bank of India Officers’
Association Chennai Circle (hereinafter referred to as “the Client”)as mentioned in the LOA vide letter No.
……………………………dated………………………….2017. And the correspondence thereto which is hereinafter
referred to as “the said contract” the Vendor has now agreed to produce a Bank Guarantee amounting to 5% of the
Contract value of Rs…………(Rupees only) as Performance Bank Guarantee to "The Chairman", Housing Project,
"Unity Enclave", SBIOA (CC) for performing their part of the contract obligations.
AND WHEREAS interms of said contract, the Vendor is required to furnish to State Bank of India Officers’
Association Chennai Circle )SBIOA) a Guarantee of Nationalized Bank/Scheduled Bank for a value of
Rs………………../-(Rupees Only) To be valid upto ………….
AND WHEREAS....... (Name of bank and its branch) having their office at ............(address) (hereinafter referred to
as “the Guarantor”), at the request of the Vendor hereby furnishes a BG in favour of "The Chairman", Housing Project,
"Unity Enclave", SBIOA (CC) and guarantees in the manner hereinafter appearing.
In consideration of the premise, we...... (Guarantor) having our office at (Address) hereafter call the
“Guarantor”(which expression shall include its successor and assigns) hereby expressly, unconditionally, irrevocably
and unreservedly undertaken guarantee under that if the Vendor fail to execute the work according to his obligations
under the said contract, then not withstanding any dispute between State Bank of India Officers’ Association Chennai
Circle (SBIOA) and the Vendor, the Guarantor shall on demand without demur and without reference to the Vendor
pay to State Bank of India Officers’ Association Chennai Circle (SBIOA) immediately any sum claimed by State
Bank of India Officers’ Association Chennai Circle (SBIOA) under the said contract up to a maximum amount of
…….. (Rupees …………….).
It is agreed that notwithstanding what is contained hereinabove the Client shall be entitled to invoke this guarantee if
the contract with the Vendor is not performing as per the contract conditions or terminated either by the Client as
provided in the contract / Bid conditions, and a certificate issued by the Client to the effect that the contract is so
terminated shall be conclusive and binding upon the Guarantor.
i. Such payment shall be notwithstanding any right the Vendor may have directly against "The Chairman", Housing
Project, "Unity Enclave", SBIOA (CC) or any suits or proceedings pending in any competent court or before any
arbitrator, "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC)‘s written demand shall be conclusive
evidence to the Guarantor that such payment is payable under the terms of contract and shall be binding in all respects
on the guarantor.
ii. The Guarantor shall not be discharged or released from the undertaking and Guarantee, by any arrangement,
variations made between "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) and the Vendor and or
indulgence shown to the Vendor by "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) with or without
the consent and knowledge of the guarantor or by alterations in the obligations of the Vendor by any forbearance,
where as to payment, time performance or otherwise.

12
Project: Residential township ‘Unity Enclave’ at Mambakkam, Chennai.
Client: State Bank of India Officers’ Association, (Chennai Circle)
Package: Fiscal Aspects Landscaping works
_______________________________________________________________________________________________

iii. This guarantee shall remain valid until or as may be caused to be extended by the Vendor or until discharged by
"The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) in writing or whichever is earlier.
iv. This guarantee shall be continuing guarantee and shall not be revocable during its currency except with the previous
written consent of "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC).
v. In order to give effect to this guarantee "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) will be
entitled to act as if the Guarantor were the Principal debtor and the Guarantor hereby waives all and any of its rights
or surety ship.
vi. This guarantee shall continue to be in force notwithstanding the discharge of the Vendor by operation of law and
shall cease only on payment of the full amount by the Guarantor to "The Chairman", Housing Project, "Unity Enclave",
SBIOA (CC) of the amount hereby secured.
vii. This guarantee shall be in addition to and not in substitution for a any other guarantee or security for the Vendor
given or to be given to "The Chairman", Housing Project, "Unity Enclave", SBIOA (CC) in respect of the said contract.
viii. Any notice by way of request and demand or otherwise here under may be sent by post or any other mode or
communication to the guarantor addressed as aforesaid and if sent by post it shall be deemed to have been given at the
time when it would be delivered in due course of post and in providing such notice when given by post it shall be
sufficient to prove that the envelope containing the notice was posted and a certificate signed by an officer of State
Bank of India Officers’ Association Chennai Circle (SBIOA) that the envelope was so posted shall be conclusive.
ix. Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this
guarantee shall not be assignable or transferable by the beneficiary. Notice or invocation by any person such as
assignee, transferee or agent of beneficiary shall not be entertained by the Bank. Any invocation of guarantee can be
made only by the beneficiary directly.
x. The presents shall be governed by and constructed in accordance with Indian Law. Notwithstanding anything
contained hereinbefore the liability of the guarantor under this guarantee is restricted to a sum of
Rs.………………(Rupees …………..).
This guarantee will remain valid up to (Date) unless a demand or claim under this guarantee is made in writing on or
before (Date) the guarantor shall be discharged from all liability under the guarantee thereafter.
Dated the……………………
For(Name of Bank)
(Signature/s with designation/s of signatory/ies)
(Name and stamp of bank)

13