Providing and fixing New GI Sheet in ESP 3 in place of corroded sheet and other Misc Civil Work of ESP at Gandhinagar TPS

1. SECTION-A:

 ACKNOWLEDGEMENT OF TENDER FEE /EMD.

 TENDER NOTICE.

2. SECTION-B:

 DECLARATION FORM CUM UNDER TAKING TO

BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE TENDERER

3. SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

4. SECTION-D:

 TERMS AND CONTRACT FOR WORKS

 GENERAL SAFETY RULES & LIST OF SAFETY

5. SECTION-E :

 PERFORMA FOR BANK GUARANTEE

 INTEGRITY PACT

 CERTIFICATE – A

 ANNEXURE – I (DETAILS OF BANK FOR

SOLVEANCY & BG)

6. SECTION-F:

 SPECIAL CONDITIONS FOR USE OF CEMENT

 APPROVED NAME OF MANUFACTURERS OF

STEEL / CEMENT

 GENERAL GUIDELINES RELEVANT TO I.S.

7. SECTION-G:

 GENERAL SPECIFICATIONS

 TECHNICAL SPECIFICATION

 DETAIL SPECIFICATION

8. SECTION-H:

 SCHEDULE-B

 Safe Maintenance Procedure

EW- 270 PUR-F-006 RFQ-75883

 ACKNOWLEDGEMENT OF TENDER FEE

 TENDER NOTICE

EW- 270 PUR-F-006 RFQ-75883

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

e- Tender for the

“Providing and fixing New G.I Sheet in ESP 3 in place of corroded sheet and other

Misc. Civil Work of ESP at Gandhinagar TPS.”

TENDER FEE PAID VIDE DEMAND DRAFT NO.

_________________________________ DATED___________________________ RS.

EARNEST MONEY DEPOSIT PAID VIDE D.D. NO.

_______________________________ DATED ____________________ RS.

1. The undersigned reserves the right to reject any or all tenders

without assigning any reasons thereof.

2. The Tender fee will be accepted in form of Demand Draft and Earnest

Money Deposit will be accepted in form of Demand Draft or Bank

Guarantee of any bank as prescribe in ANNEXURE- I drawn in favour of

“GUJARAT STATE ELECTRICITY CORPORATION LTD.” payable at

Gandhinagar TPS

For & On behalf of

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 270 PUR-F-006 RFQ-75883

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663Fax: 91-79-23217673, e-mail:

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

Tender Notice No: GSECL/___/ __/ For Civil works

CE [Generation], Gandhinagar, TPS invites “On-line Tenders” (e-tendering) for the work of

“Providing and fixing New G.I Sheet in ESP 3 in place of corroded sheet and other

Misc. Civil Work of ESP at Gandhinagar TPS.”Tender Papers & Specifications may be

down loaded from Web site https://gsecl.nprocure.com(For view, down load and on line

submission) and GUVNL / GSECL web sites www.gsecl.in (For view only).All tender

documents are to be upload (Notarized / self-attested copies of original – as specified in

tender document) through online only (mandatory) on (n) procure portal excluding Tender

fee and EMD Tender fee and EMD are to be submitted physically by Registered Post A.D. or

Speed Post addressed to: CHIEF ENGINEER (GENERATION), GUJARAT STATE

ELECTRICITY CORPORATION LTD, THERMAL POWER STATION, GANDHINAGAR-

382041, GUJARAT. “NO COURIER SERVICE OR HAND DELIVERY” will be accepted.

Tender Estimated E.M.D.

No. Cost Rs. Rs.

EW- “Providing 11 (Eleven) Rs. 2500+

270 and fixing Months from 450 = Rs. Rs.

New G.I Sheet 2950.00/-

the date of

in ESP 3 in Rs. written

(Two (One Lakh

Thousand Forty Eight

place of

order to Nine Thousand Six

commence hundred Hundred Fifty

sheet and Fifty (Non Three Only)

other Misc. the work.

Refundable)

Civil Work of

Gandhinagar

180 Days [From the opening of

1 Validity of Tender

Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

(n)Procure only up to 18:00 Hrs(This is Mandatory)

Last Date for physical receipt of cover for DD / Bank

Guarantee / Online payment reference for Tender Fee and

3 As per Tender Notice

EMD only up to 15:00 Hrs Through RPAD or Speed Post

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

4 Tender fee and EMD at 15:30 Hrs (Online technical bid As per Tender Notice

will be opened for Bidders who have submitted Cover for

Tender Fee and EMD)

Tentative date of on-line opening of price bid (if possible) Party has to be in touch with

at 15.30 hrs. website www.nprocure.com and

also with e-mail sent by above

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

EW- 270 PUR-F-006 RFQ-75883

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 270 PUR-F-006 RFQ-75883

1) Only following listed documents must be upload in n-process online only. No physical

documents are to be submitted except tender fee and EMD cover. Price Bid shall not be

submitted in Hard copy.

1. Demand Draft for Tender Fee and EMD (Original) cover only to submit through RPAD/Speed

post only.

2. The bidder shall have a separate Provident Fund Code of RPFC in the name of company. The

bidder, who does not possess such separate P.F. code, shall not be considered for acceptance

of tender. The contractor has to submit attested copy of such certificate showing P.F. code

along with the tender.

3. Attested copy of PAN No.

4. Attested copy of work experience certificate for the similar works executed.

5. List of work in progress.

6. Attested copy of firm registration [Applicable only to the firms registered under Company

7. Attested copy of partnership deed. [Applicable only to the partnership firms.]

8. Attested copy of power of attorney, if any, for signing the bid document.

9. Attested copy of balance sheet of profit & Loss account duly audited by Chartered

Accountant of at least 3 financial years, if work estimate is more than Rs. 50 Lacks.

10. Attested copy of latest solvency certificate not older than 12 months issued by any

nationalized bank OR Banks as per Annexure – I.

11. Details of equipment, tools and plants immediately available with the tenderer for use of this

12. Details of technical personnel.

13. Undertaking duly Notarized as per attached Declaration Form

14. Any other documents required to verify technical, financial capability of the bidders & other

Credentials

15. Attached The Copy Of GST Registration.

All such documents should be strictly uploaded in N-procure only expect Tender Fee and

EMD details cover. Otherwise the offer will not be considered and no any further

communication in the matter will be entertained.

2) In case any deviation is found in Data / Details / Documents uploaded on N-procure online

offer (e-tendering) documents then such tender will not be considered and no any further

communication in the matter will be entertained. Tenders must be un-conditional.

Conditional Tenders will be rejected.

3) Further bidders are requested to submit Technical Bid documents and price – bid i.e.

Schedule-B on line only and not to submit the Technical bid and price bid in physical form

expect Tender Fee and EMD details cover. This is mandatory. If Technical bid document and

price bid is submitted in physical form expect Tender Fee and EMD details cover, same will

not be opened and only on-line Uploaded/submitted Technical bid document and price will

be considered for evaluation. The bidder is requested not to upload/submit the by online

(n)procure while bid submission on in (n)procure tender document, condition of the

contract, specification & other relevant documents, except documents as stated here

above. Instead of the same, the bidder shall upload on (n) procure scan copy of the duly

Notarized Undertaking as stated below declaration form on the stamp paper of Rs. 300/-.

However, bidder may download tender document & preserve with them in Hard Copy

for their future reference. Later on, L1 bidder shall be asked to collect the tender

documents from the tender inviting authorities for the purpose of contract agreement

execution and place their signature with seal of the company.

4) It is mandatory for all the bidders to submit their tender documents viz. on-line (e-tendering)

and uploading on (n) procure in scheduled time. Tender documents submitted in physical

form will not be accepted and considered expect Tender Fee and EMD details cover. Also, all

bidders shall submit required Physical documents as stated in Tender Notice

5) GSECL reserves the rights to reject any OR all tenders without assigning any reasons

6) Tender Notice Number & name of the work shall be clearly written on the covers of

containing the Tender Fee and EMD.

7) Technical / Price Bids will be opened on the day and time indicated in the tender notice by an

Officer nominated by the Purchaser in the presence of such of the bidders who wish to be

present. Any technical questions, information and clarifications that may be required

pertaining to this tender should be referred to the CHIEF ENGINEER (GEN.) Gandhinagar

TPS. Also during pre-bid meeting (if arranged) the same may please be discussed

 The exemption in payment of Tender Fee & EMD shall be given to

1. Micro & small-scale enterprises which participate directly in tendering

process for the product which they are manufacturing / service which

they are providing and have Udyam registration for items / service under

EW- 270 PUR-F-006 RFQ-75883

procurement.

2. Start-ups which participate directly in tendering process for the product

which they are manufacturing/service which they are providing and re-

cognized by DPIIT under the Start-up India Program and has obtained

Udyam registration.

3. Organization which has registration certificate for the manufacturing

product of the tender, from Gujarat Khadi Gramodyog Board or Khadi and

Village Industries Commission(K.V.I.C)or Commissioner of Cottage

Industries.

4. Board/Corporations/PSUs of the Central/State Government for their

own manufactured items.

5. State Government recognized organizations like(i) organizations for blinds,

dumb and deaf, disabled, mentally disabled persons;(ii)women's self-help

group recognized by Gujarat Livelihood Promotion Company; which

participate directly in tendering process for the product which they are

manufacturing / service which /they are providing.

1. Micro & Small Enterprises (MSEs) who participates directly in the

tendering process as Manufacturers or Service Providers, and holds a

valid Udyam Registration, are eligible for exemption from payment of

Earnest Money Deposit (EMD).

2. Agencies registered under Udyam in the capacity of Traders, Re-sellers, or

similar categories (i.e. other than Manufacturers/Service Providers) are

not eligible for EMD exemption.

3. Migration period for Reclassification of MSMEs: - ln case of an upward

change in terms of investment in plant and machinery or equipment or

turnover or both, and consequent re-classification, an enterprise shall

continue to avail of all non-tax benefits of the category (micro or small or

medium) it was in before the re-classification, for a period of three years

from the date of such upward change.

For & On behalf of GSECL

CHIEF ENGINEER

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 270 PUR-F-006 RFQ-75883

 DECLARATION FORM CUM UNDER

TAKING TO BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW- 270 PUR-F-006 RFQ-75883

(To be uploaded on (n) procure online process duly notarized on Rs. 300/-

Non – Judicial Stamp Paper)

DECLARATION FORM

sheet and other Misc. Civil Work of ESP at Gandhinagar TPS.”

Tender No/ RFQ No:

1. I/We hereby declare that I/We have carefully studied the entire tender

placed on the WEB site and conditions of contract, specifications and other

documents of this work mentioned in the tender and abide by the same.

Also, I/We hereby agree to execute the same accordingly.

2. I/We hereby abide to execute the contract agreement by downloading the

copies of the conditions of contract, specifications and other documents of

this work of otherwise I/we will get copy of the same from the office of the

3. I/We hereby accept and confirm that any dispute on this regard shall not

4. I/We hereby declare that I/We have visited the work site and fully

acquainted myself/ourselves with the local situations regarding materials,

labour and other factors pertaining to the work before submitting the

5. I/We hereby confirm that our offer is Un-conditional and without any

technical & commercial deviations.

6. Should this tender be accepted, I /We hereby agree to abide by to fulfill all

the terms-conditions and provision of the Tender and Contract for Works

as applicable and default thereof, to forfeit and to pay to the Gujarat State

Electricity Corporation Limited the sums of money due.

7. The full value of the “Earnest Money Deposit” paid herewith should be

absolutely forfeited to the Corporation, should I/ we do not execute /

commence the work after issuance of date of commencement by GSECL.

EW- 270 PUR-F-006 RFQ-75883

8. If, I fail to submit all required documents with application or tender copy (

in each tender ) then my tender will be cancelled, which is binding to me.

9. If, full or part work will be given to me, it will be accepted to me with same

terms, rate & conditions.

10. I, ______ proprietor / owner / partner / Authorized Agent of M/s. ______ do

hereby also declare and undertake as under:

a) That in capacity of independent contractor for M/s. ______ (Sub-

Contractor of M/s. ______ ) worked as contractor at GSECL,

___________Thermal Power Station for the nature of work of ______ against

work Order No. ______ Dt. ______., I have complied with the provisions of

all laws as applicable. I have paid the wages for the month/s of my

contractual period which is / are not less than the minimum rates as

applicable, to all my employee/s and no other dues are payable to my

employee/s.

b) That I have covered all the eligible employee/s under the Employees’

Provident Funds and Miscellaneous Provisions Act, 1952 and deposited

the contributions under my PF Code No. ______, place: ______ for the

month/s of my contractual period and as such no amount towards

contribution whatever is payable.

c) I further declare and undertake that in case any liability pertaining

to any of my worker, labour, employee/s is/are to be discharged by the

principle employer i.e. Gujarat State Electricity corporation Limited,

___________Thermal Power Station due to my lapse, I undertake to

reimburse the same or the principle employer is authorized to deduct the

same from my dues as payable.

d) I further declare and undertake the legal consequences which may

arise in future under the said work order awarded, and I bond myself to

resolve the same at the risk and cost of M/s. ______.

authorized signatory of M/s

______________________________________________ here by certify that M/s

_________________________________________________ and their proprietor /

any partner / any directors of the firm is not stop deal and / or banned

for business dealing and / or black listed by GUVNL and / or their any

subsidiary company viz. GSECL / GETCO / DGVCL / MGVCL / UGVCL /

PGVCL as well as Government and / or Semi Government company /

department.

Seal & Signature of the Bidder

Phone / Mobile/ Fax No. & Company’s Seal

EW- 270 PUR-F-006 RFQ-75883

e- Tender for the work of “Providing and fixing New G.I Sheet in ESP 3 in place

of corroded sheet and other Misc. Civil Work of ESP at Gandhinagar TPS.”

RTGS DETAIL OF BIDDER

Following RTGS details shall be submitted by agency along with the tender for direct

deposit of payment to the beneficiary account. Bidder has to submit the details as under:

1 Name of Bidder :-

2 Address for correspondence :-

3 E-Mail ID :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

beneficiary

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW- 270 PUR-F-006 RFQ-75883

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY

CORPORATION LTD

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

6) Nearest Railway Station :- Gandhinagar Capital(Ahmedabad is

situated at a distance of about 30.00Km)

7) Nearest Port :-

8) Nearest Air Port :- Ahmedabad-20Km(Approx)

9) Access Road :-

10) Site Elevation from MSL :- RL 81.5 M(floor level)

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of :- 350 C

daily Max. Temperature

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

 Rainfall

1] Average annual rainfall :- 1000 to 1200mm

2] For 01 hour ( In mm) :- 75 to 100mm

3] For 24 hour ( In mm) :- 250mm

 Wind velocity

1] Maximum wind velocity :-

(In m/sec)

2] Wind direction – N,NE & :-

3] For 24 hour ( In mm) :-

 Relative Humidity

1] Annual mean humidity ( In :- 50 to 60%

2] Maximum humidity (In %) :- 98%

3] Minimum humidity (In %) :- 2%

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

 Zone :- Zone-III as per IS 1893-1975

 Intensity :-

 Ambient temperature :-

 Other Data :-

EW- 270 PUR-F-006 RFQ-75883

SCOPE OF WORK AND SITE CONDITIONS

and other Misc. Civil Work of ESP at Gandhinagar TPS”.

The main scope of the work is “Providing and fixing New G.I Sheet in ESP 3 in place of

corroded sheet and other Misc. Civil Work of ESP at Gandhinagar TPS”. Under the scope

of this tender the agency has to carry out the subject work, various civil works

as per all items of Schedule B and as per detail technical specifications items.

The quantities taken under individual items are very tentative. However the

agency has to carry out the works as per the Company’s requirements.

The agency has to carry out the works as per item & specifications of the tender

by providing all materials of best quality and of standard manufactures as the

samples approved by EIC and providing best workmanship through expert

The agency has to carry out the works as per the priority & schedule given by

EIC time to time even in on or off working hours of the office. The agency will

take complete care and will not damage any other structure in premises of

The agency has to carry out all the works by taking all due cares of safety,

security norms, with all risks including scaffolding, strutting, shoring, etc up to

any height irrespective of quantum of the work.

Contractor has to make arrangement for workable site condition with the co

operation of departments of company and agencies, all necessary arrangement

to get work permit is to be made by contractor. Day to day cleaning is required

after completion of job. The removed materials and any other unwanted

materials are to be transported and taken away as instructed by E.I.C.

All safety measures shall be taken by the contractor with his own cost.

The scope of work to be carried out by the Contractor shall also include

Clearance of the sump, Disposal of debris etc,

The major works involvement generally mentioned as here under---

 Demolition of brick work, stone masonary, Plaster, roof sheet including

ridges, hips, valleys, gutters etc., door, windows, ventilators etc.

 Brick work using common fly ash building bricks in foundation and plinth

and above plinth level up to floor level.

 Providing 15mm thick cement plaster

 Providing corrugated G.I. Sheet of class-3 roofing fixed with galvanized iron J

or L Hook, Bolts and nuts 8mm diameter with bitumen and G.I. Limpet washer

or G.I. Limpet washer. Filled with white lead complete excluding the cost of

purlins, Rafters and Trusses (1) 0.80 mm thick sheet.

 Providing ridges or hips 600 mm overall in plain G.I. Sheet class-3 fixed with

G.I.J. Or L Hooks and nuts 8mm dia. G.I. Limpet and bitumen washer complete

(1) 0.80 mm thick sheet

 Providing and fixing 150mm wide 450mm over all semicircular /rectangular

shape in plain G.I sheet class-3 gutter with iron brackets 40mm x 3mm size

Bolts, Nuts, Washers etc. Including making necessary connection with rain

water pipes (i) 0.80mm thick sheet

EW- 270 PUR-F-006 RFQ-75883

 White washing………

 Providing & applying two coats of exterior premium emulsion paint of approved

brand and make as mentioned…….

 Providing up to floor two level precast cement concrete jali or gril 1:2:4

 Providing and applying two coats of synthetic enamel paint……

 Steel work riveted in built up sections…….

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 270 PUR-F-006 RFQ-75883

Registration in VMS System

Additional Note: Vendor gets to register in VMS System through

vms.guvnl.com. For registration following documents are required and mail to

[email protected] and [email protected]. After registration vendor

have to upload the invoice in the VMS system for smooth functioning of

Documents required for Registration:

(1) PAN Copy

(2) GST Certificate Copy

(3) Email ID

(4) Full Name of Vendor

EW- 270 PUR-F-006 RFQ-75883

SPECIAL NOTE FOR PRE-QUALIFICATION

and other Misc. Civil Work of ESP at Gandhinagar TPS”.”

The tender documents are of two separate bids i.e. technical and price bids.

Bidder is requested to submit the technical bid with the following credentials

for post-qualification.

1. Bidder should produce evidence of having experience of successfully

completed of similar works as defined hereunder, carried out in Central &

State Government / Semi-Government / GSECL / GETCO / DGVCL /

MGVCL / UGVCL/PGVCL during the last seven years ending last day of

the month previous to the one in which tender is invited. Bidder should

submit self-attested copies of documentary evidence, preferably photo

copies of work completion certificate, certificate regarding works on hand

progressing satisfactorily along with certificate of amount of work done,

work order with Schedule-B, etc. from the respective department. The

amount of work completed works should be either of the following:-

a. Three similar completed works each costing not less than the amount

equal to Rs. 19,82,037.36.

b. Two similar completed works each costing not less than the amount

equal to Rs.

c. One similar completed works each costing not less than the amount

equal to Rs.

2. Similar work means Any civil work related to buildings

repair/construction/maintenance, works etc.

3. Experience certificate of work executed with private firm shall not be

accepted. Experience as a joint venture or sub-contractor is not allowed and

price bid of such bidders will be rejected.

4. EMD: To pay EMD in form of DD OR in form of B.G. given by bank

as described in the Annexure – I.

5. Tender Fee: The tender fee shall be accompanied in the form of

6. Separate employee’s Provident Fund code number towards

registration of firm with Regional P.F. Commissioner.

7. Last three year Audited annual accounts, Positive net worth

certificate, and average annual turnover certificate certified by

chartered accountants as per qualification requirement.

 Financial qualification criteria:

EW- 270 PUR-F-006 RFQ-75883

1. The Average Annual Turnover of the bidder shall not be less than

Rs. Rs. 14.86 lakh during the preceding three (3) financial years as

one date of Techno-Commercial bid opening.

2. Net worth of bidder shall not be less than 100% of the bidder’s paid

up share capital as on the last day of the preceding financial year. In

case the Bidder meets the requirement of Net worth based on the

strength of its Subsidiary (ies) and/or Holding company and/or

Subsidiaries of its Holding Companies wherever applicable, the Net

worth of the Bidder and its Subsidiary (ies) and/or Holding company

and/or Subsidiary (ies) of the Holding Company, in combined manner

should not be less than 100% of their total paid up share capital.

However individually, their Net worth should not be less than 75% of

their respective paid share capitals.

Net worth in combined manner shall be calculated as follows:

Net worth (combined )= (x1+x2+X3)/(y1+y2+y3) X 100, where x1,x2, x3

are individual net worth which shall not be less than 75 % of the

respective paid up share capitals and y1, y2, y3 are individual paid up

share capitals.

3. In case the bidder is not able to furnish its audited financial

statements on stand-alone entity basis, the unaudited unconsolidated

financial statements of the bidder can be considered acceptable

provided the bidder further furnishes the following documents for

substantiation of its qualification.

 Copies of the unaudited unconsolidated financial statements of the

bidder along with copies of the Audited consolidated financial

statements of its Holding Company.

 A Certificate from the CEO/CFO of the Holding Company, stating

that the unaudited unconsolidated financial statements form part of

the Consolidated Annual Report of the company.

4. In cases where audited results for the last preceding financial year as

on the date of techno-commercial bid opening are not available, the

financial results certified by a practicing Chartered Accountant shall be

considered acceptable. In case, Bidder is not able to submit the

Certificate from practicing Chartered Accountant certifying its financial

parameters, the audited results of three consecutive financial years

proceeding the last financial year shall be considered for evaluating the

financial parameters. Further, a Certificate would be required from the

CEO/CFO, stating that the financial results of the Company are under

audit as on the date of Techno-commercial bid opening and the

Certificate from the practicing Chartered Accountant certifying the

financial parameters is not available.

The bidder must submit Average Annual Turnover and Net worth

Certificate in support of Financial QR, duly certified and verified for

authenticity from Independent Statutory Auditor of their company /

Practicing Charted Accountant/ C.A. Firms / TPIA (Third-Party

Inspection Agency ) empanelled / approved by GSECL along with copy of

EW- 270 PUR-F-006 RFQ-75883

Annual Audited Accounts of last three years.

8. Attested copy of relevant document duly signed and sealed on each and

every page shall be submitted.

9. Attach copy of GST Registration.

10. Details of orders for similar nature/jobs carried out along with

documentary Evidence, Performance Certificate and their organization set up

for such work executed in past there of indicating the Names of the

organizations, order no and date.

11. Bidder shall have to submit the PAN card No for Income Tax with documentary

12. Details of the partnership deed.

13. Details of Tools, tackles, equipments and personals available with firm relevant

to the job/subject matter.

14 Copy of the updated valid labor contract license from the appropriate authorities

and updated workman group insurance policy covering labor engaged.

15. The tenderer shall have to produce the document of last three years annual

account, i.e. profit & loss account and balance sheet, if the estimated cost of tender

is more than 50 lakhs along with technical bid.

16. Details of skilled/semi-skilled persons presently employed by the contractor

having sufficient knowledge of similar jobs.

For & On behalf of GSECL

CHIEF ENGINEER

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 270 PUR-F-006 RFQ-75883

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

The tender should be uploaded/ submitted online on n-procure process.

Technical bid cover:- This cover shall contain all relevant attested qualifying

documents as prescribed in tender notice along with tender fee & EMD. Bidder shall

have submit Tender Fee and EMD cover only, All other require document to be upload

on online (n)procure process only

Note: - If attested copies of qualifying documents stated as prescribed in tender

notice are not found in on-line Technical bid, but same should be submitted by

mail during scrutiny will be treated as final to consider the bid for pre-

qualification. Any missing documents, if required will be asked from the bidder as

mentioned in this tender elsewhere. If party has not submitted tender in online is

liable to be ignored.

Technical Bid

“Please note that the Notarized / self-attested copies of original required

documents should be invariably uploaded in n-procure portal before due date and

time in pdf form (Scanned copy). This is mandatory. No physical documents are

required to be submitted except tender fee and EMD.

Price bid:-

The price bid shall have to be submitted online only. The percentage rates and price

shall be written both in words, and figures and the units in words. In case of any

ambiguity or mistakes, the unit rates and prices written in words shall be considered as

Offered rate shall include cost of all Materials, wastage of material , Labours for all

leads and lifts, Supervision, setting out works, Machinery and equipment with its

mobilization / demobilization, transportation charges, Clearing of the site both prior to

commencement and after completion of work. Consumables such as, but not limited to

petrol, oil, diesel, lubricants, drill bits, pipes, ropes etc. Construction facilities such as

scaffolding, tarpaulins, wind break, etc., Overheads / profits of Contractor for due

performance of the work under this contract.

Applicability of goods and service tax:-

1) The tenders shall be evaluated on firm price and cost with GST and cess as applicable

unless otherwise mentioned in the tender documents.

2) IF the supplier/contractor have opted for the composition scheme of GST, the same

must be clearly specified with valid declaration and certificate from department. In the

event of withdrawal/ cessation of the supplier from composition scheme during the

tenure of the contract, the rate(i. e. price) mentioned in the price bid shall be final and

any additional GST will have to be borne by the tenderer himself, In no case additional

amount towards GST or otherwise will be paid/reimbursed to supplier/contractor.

3) The bidder shall have to inform their GST no. of the registered place(s) where from the

bidder intends to supply the goods/services, meaning there by the bidder has to supply

the goods/services from the relevant declared/ registered place(s) of supply only.

4) The bidder shall not include GST in their quoted rates; but the bidder has to separately

indicate the GST rate, amount in the price bid schedule.

EW- 270 PUR-F-006 RFQ-75883

5) In-case Govt notification comes for change in GST , the same will be applicable.

6) Bidder should indicate GST no.( copy of GST registration to be enclosed) and PAN NO.

(copy of PAN to be enclosed) Tenders submitted without GSTIN No by the firms, the

offer will be rejected without entering into further correspondence.

Further information required, if any, can be had from the office of the Chief Engineer,

GSECL, GTPS. But it must be clearly noted that the tenders must be received

complete in every respect by the due date and time.

i. The bidder must clearly quote rates in figure as well as in words. In case of any

discrepancy, whatever written in words shall prevail.

ii. No deviation in terms & conditions, Schedule-B and technical specifications will be

entertained. Any ignorance for this shall not relieve the contractor from his

contractual liability arising as per tender documents and conditions contained in it.

iii. The bidders are required to quote only firm prices. No variation will be accepted on

price/ raw materials/ finished products or on any other cause.

iv. The bidders should note that the completion of above mentioned works in all respect

in accordance with the time limit given is very important and should be strictly

adhered to. The work is to be completed in time limit from the date of issue of written

order to commence the work by the Chief Engineer (Gen.), GSECL, Gandhinagar TPS.

v. The bids should be valid for a minimum period of 180 Days from the date of opening

of technical bid. During this period tenderer shall not be allowed to withdraw their

tender and if withdrawn, the Earnest Money Deposit submitted with the tender will be

forfeited.

vi. The works covered under these specification shall be carried-out and governed by

“Tender and contract for Works” booklet appended herewith except where conditions

specified in this specifications.

vii. The successful bidder shall have to enter in to an agreement for contract as per

G.S.E.C.L rules on a stamp paper of Rs.300/- and necessary stamp duty charge shall

be borne by the contractor/consultant.

viii. The complete specification comprises of the following.

Bill of Quantities (Schedule-B), instructions to the bidders, Tender specifications and

scope of work, Tender and contract for Works booklet, General Conditions,

Instructions to bidder & Technical specifications. All these sections are

complimentary to each other. The particulars and requirements contained herein shall

cover the execution of the works covered under these specifications.

ix. The tenderer must visit the site of works and see for him self the site conditions

regarding availability of approach road during all seasons and other matters affecting

the above works before submitting the tender.

x. The submission of tender by a contractor implies that he has read these instructions

the conditions of contract etc. and has himself aware of the scope and specifications of

the work to be done and of conditions and local conditions and other factors bearings

on the execution of the works. GSECL will not therefore after acceptance of

contractor's rate pay any extra charge for any other reason; in case the contractor is

found later on to have misjudged the site condition.

xi. GSECL’s authorized officers who accepts tender, shall have the right of rejecting all or

any of the tenders and will not be bound to accept the lowest offer nor to assign any

reason whatsoever for the rejection of any tender or all tenders.

xii. Bidders shall provide evidence of their continued eligibility to the satisfaction of the

xiii. Bidders shall not be listed under a declaration of ineligibility for corrupt or fraudulent

Practices issued by the Govt., the list of black listed Contractors announced by

GSECL (erstwhile GEB) Govt. of Gujarat or its Public Sector undertakings or the

contractors who are under stop dealing in GUVNL and /or their any subsidiary

company viz. GETCO/MGVCL/UGVCL/PGVCL/DGVCL.

xiv.The bid, and in case of a successful bid, the Form of Contract Agreement, shall be

signed with the name of Firm / company which will be legally binding on all

partners / parties.

xv.If the application is made by an individual, it shall be signed by the individual

above his full typed written name and current address.

xvi.If the application is made by a proprietary firm. It shall be signed by the proprietor

above his full typed written name and the full name of his firm with its current

EW- 270 PUR-F-006 RFQ-75883

xvii.If the application is made by a partnership firm, it shall be signed by all the

partners of the firm above their full type written names and current addresses or

alternatively by partner holding power of attorney for the firm in which case a

certified copy of the power of attorney shall accompany the application. A certified

copy of the partnership deed, full names and current addresses of all the partners

of the firm shall also accompany the application.

xviii. If the application is made by a limited company or a Corporation, it shall be

signed by the authorized person holding power of attorney for signing application in

which case a certified copy of the power of attorney shall accompany the

application. Such Limited company or Corporation may be required to furnish

satisfactory evidence of its existence before the pre-qualification evaluation. They

should also furnish Articles of Memorandum of Association. If the application is made

by group of companies, it shall be signed by the authorized person. The authority

letter shall be accompanied with the application.

1. SECURITY DEPOSIT

It should be mandatory to submit security deposit as per cl no.7 of Section C (i.e.

General condition of contract).

2. MAINTENANCE:

i] The contractor shall be responsible to make good and remedy at his own expense any

defect which may develop or may be noticed before the period mentioned hereunder

from the certified date of completion. The same shall be attended within 15 days of

receipt of the notice. In the case of failure on the part of the contractor, the Engineer-

in-charge may rectify or remove or re-execute the work at the risk & cost of the

contractor. The Engineer-in-charge shall be entitled to appropriate the whole or any

part of the amount of security deposit towards the expenses, if any, incurred by him in

rectification, removal or re-execution. The defects liability period shall be as under,

a) For all works costing up to Rs. 50,000 (amount put to tender), the period shall

be 03 months from the certified date of completion.

b) For all works costing more than Rs. 50,000 and up to Rs. 1 crore (amount

put to tender), the period shall be 06 months from the certified date of

completion OR one monsoon, whichever is later.

c) For major projects costing more than Rs. 01 crore, the period shall be 12 months

from the certified date of completion which should include one monsoon.

d) For building works, the period specified in (a), (b) shall be same except that time

period shall be 12 months instead of 06 months OR (c) shall be same as above except

that time period shall be 03 years OR elapse of 3 monsoon periods from certified date of

completion whichever is later.

e) For original building works the defect liability period will be 03 years OR elapse

of 03 monsoon periods following date of possession of building taken over by user

agency OR 04 years or elapse of 04 monsoon period following the certified date of

completion whichever is later.

For the purpose of deciding monsoon period, the 30th September may be treated as

the last date.

f) For painting work (irrespective of amount put to tender): 1 year.

ii] For Water Proofing works guarantee period shall be kept as 5 (five) years from

actual date of completion. Besides above 5 years Performance bank Guarantee

(PBG) equivalent to 10% amount of estimate cost OR Work Order cost whichever

is more shall be submitted by the contractor prior to release of final bill payment.

 Subsequently, if during the year (from date of completion of the work) no leakage

is observed in treated area, out of above 10% PBG, 2% amount shall be released each

EW- 270 PUR-F-006 RFQ-75883

year to the contractor on his written request.

 In case of any leakages during the year is observed contractor must attend the

same during dry atmosphere but not later than 6 Months from date of intimation &

subsequently 2% PBG can be released.

 If contractor fails to attend the complaint, 2% PBG of respective year shall liable

to forfeit with written intimation to the contractor.

iii] Over and above 10% PBG, there shall be provision of 5% S.D. which shall be

released after 6 months from actual date of completion of work.

iv] For anti-termite treatment guarantee period shall be kept as 3 years, with PBG &

shall be released on completion of Guarantee period.

3. TIME LIMIT FOR WORK:

The scheduled time limit for the completion of work shall be 11 (Eleven)

Months calendar months from the date of issue of letter to commence the

work. However extension in time limit will be granted by GSECL for the

genuine reasons only as per terms of the contracts.

4. TERMS OF PAYMENTS:

Contractor shall be paid RA bill after observing GSECL’s general procedure and

submission of bill by the agency. Also, 75% payment shall be made immediately

within a week period on receipt of recorded bill by Account Section without

checking of detail bill and compliance of queries & statutory requirement.

However, remaining balance 25% amount shall be released only after through

checking of detail bill and compliance of various quarries, statutory compliance

etc. The above payment term is applicable to all the bills of general civil works &

ARC/BRC works, provided the bills are recorded regularly and submitted to

Account Section within Ninety [90] days. If the contractor fails to submit the

bills regularly in such a way so that the same cannot be recorded and submitted

to account section within Sixty [60] days, ad-hoc payment as stated above, may

not be released and payment will be released as per GSECL’s general procedure.

The period of Sixty [60] days shall be considered from the date of receipt of last

R.A. Bill by Account Section.

5. METHOD OF PAYMENT:

a. The payment for the work done will be made by running bills every

month after taking joint measurement within 30 days.

b. Final bill will be paid within reasonable time after settlement of material

account by you and after recording of joint measurement.

6. “All bidders shall submit the details/documents in support of Technical

Qualification Requirements duly certified and verified for authenticity from

Specified Third-Party Inspection Agency (TPIA) or Statutory Auditor of

their Company or Practicing CA/CA Firm along with a certificate regarding

verification of a

7. uthenticity of documents as per the format placed at Appendix 1. All the

documents submitted by the bidder in support of meeting Technical QR

only shall be digitally signed by the Specified Third-Party Inspection Agency

(TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm.

In case documents are certified & verified for authenticity through TPIA, the

verification and certification of authenticity of documents is acceptable from

any of the following TPI As:

1. M/s Competent Inspectorate and Consultants Pvt. Ltd, Hyderabad,

2. M/s Gulf Lloyds Industrial Service India Pvt. Ltd.-Ahmedabad.

EW- 270 PUR-F-006 RFQ-75883

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

5. M/s SGS India Pvt. Ltd.

6. M/s Moody International (India) Pvt. Ltd.

7. M/s TUV SUD South Asia (P) Ltd.

8. M/s TUV Rheinland (India) Pvt Ltd.

9. M/s Bureau Veritas (india) Pvt. Ltd.

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

Verification for authenticity shall not be applicable in following cases.

1. Bidders having proven track record or regular suppliers/contractors (i.e.

OEM/OES/PSUS)

2. Past order copies of GSECL as these documents can be verified

internally.

The Bidder shall be responsible to get their documents/ credentials verified &

certified by the Specified Third- Party Inspection Agency (TPIA) or Statutory

Auditor of their Company or Practicing CA/CA Firm in support of Technical

QR. All the costs pertaining to third party verification and certification

(including those by statutory auditors) shall be borne by the Bidder. GSECL

shall have no liability (financial or otherwise) towards the same and shall not

be liable for any claim/ dispute between the bidder and the Specified Third-

Party Inspection Agency (TPIA) or Statutory Auditor of their Company or

Practicing CA/CA Firm.”

The following website may be referred for contact details of above TPIAs:

http://nabcb.qci.org.in//accreditation/reg_bod_inspection_bodies.php

Annexure-1

Undertaking from Third Party Inspection Agency/Statutory Auditor or Practicing

CA/CA Firm

(On letter head digitally signed by a person duly authorized to Sign on behalf of the

Ref: Date:

Power Station ……………….

Subject: Authentication of veracity of documents submitted by M/s …… in support of

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

Name of the Package/ Tender: ………………………………………

M/s. ……………… (here in after called Bidder) having Registered office at

…………………… intend to participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

pertaining to Qualifying Requirement duly verified and certified by Third-Party

EW- 270 PUR-F-006 RFQ-75883

Inspection Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA

Firm as per the list mentioned in the bidding documents.

In this regard, it is hereby confirmed that we have examined the following documents,

which are also attached with this letter. The same has been verified from the Original

Documents and / or Client for authenticity.

We hereby confirm that the following documents are found to be genuine and

authentic.

1. Doc ref. no. ……….. Dated …….. (Name of Documents)

2. Doc ref. no. ……….. Dated …….. (Name of Documents)

All the aforesaid documents have been digitally signed by us as a certificate of

authenticity.

We further confirm that we neither have any vested interest in aforesaid tender nor

have any conflict of interest in respect of above tender.

This certificate is issued at the request of M/s ………………. (Bidder) for the purpose of

participating in the subject tender/s

Thanking you,

1. ASSIGNMENT:

The rights and liabilities of the contractor shall not be assigned or transferred by them

without the consent in writing of the GSECL to any other person, firm or

organization.

2. The successful Bidder, on receipt of letter of intent will submit within a week's

time his planning / programme of works, for scrutiny of the GSECL in a Bar Chart

format, clearly indicating GSECL's inputs also. Contractor will plan his works such

that simultaneous work should progress in such a way that entire job is completed in

scheduled time limit on all the fronts released by GSECL.

3. The successful bidder will have to depute his authorized representative to attend

progress review meetings to be held at GSECL, Gandhinagar TPS without any extra

4. The Contractor will be responsible for complying with all rules and regulations

and labour laws applicable to him and the GSECL will not be responsible for any

lapses committed by them. If there is any claim from any Government authority

pertaining to the contract, the same amount will be deducted from the Contractor's

5. The time limit for completion of work is stipulated as in the tender will be adhered

6. The Contractor's rates should be firm and no variation clause is to be quoted by

the Contractor and GSECL will not accept the same, during contractual period

including extended time limit if any.

7. BIDDER TO STUDY, ANALYSE & CONSIDER:

a) The information given in this specification is in good faith and meant to

serve as a guide to the Bidder. It is, therefore, imperative that Bidder shall obtain and

examine for himself all the data, information and particulars required for the

satisfactory execution of the work under this tender. The submission of a bid by

Bidder implies that he has fully read the specifications, bid drawings, instruction to

the bidder along with Contract Document and Conditions of Contract, applicable

labour laws, safety norms etc., and has made himself aware of the scope and the

specifications for the work to be performed and local conditions and other features

which have a bearing on the cost and execution of the work. This specification is

intended as a general description of quality envisaged for materials and workmanship

EW- 270 PUR-F-006 RFQ-75883

and of the finished work. It is not intended to cover minute details. The work shall be

executed in accordance with the best modern practice and to the complete satisfaction

of the Purchaser. Special techniques approved by the Purchaser shall be used if and

where found necessary. This specification shall have precedence if anything contrary

to this is stated elsewhere in the contract documents. The Purchaser’s decision shall

be final and binding on the contractor on any issue arising out of such discrepancies.

b) Inspection of site by bidder:

Before submission of his bid, Bidder shall inspect the site, examine and obtain all

information required and satisfy himself regarding matters such as:

 weather characteristics,

 Location of site and access, right of way, means of communication & mode of

Transport to site,

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

 Local working conditions, obstructions and hindrances that may arise etc.

 Power house, which is under running conditions.

 Required GSECL’s security checks.

 All materials brought to site only after making entries in security register at

Control gate

c) These factors are likely to affect the satisfactory completion of work and or cost

thereof. The submission of a bid by the Bidder will be construed as evidence that

such an examination was made and any later claims/ disputes in regard to rates

quoted shall not be entertained or considered by the GSECL.

d) The site visit shall be done by the bidder on his own responsibility and all

liabilities including cash, arising out of the site visit shall be at the bidder’s

e) Contractor’s scope of work shall also include making all necessary arrangements

for access to work sites, stores and site offices etc. from the nearest approach

road to facilitate transportation of man power, machinery and equipment duly

considering the existing site conditions. No extra claims / costs will be

entertained by GSECL.

f) The bidder shall carefully study the work to be carried out & consider all the

factors & shall take into account &consider all the factors such as lead, lift

haulage of materials, sequence of construction, etc. & shall allow for all such

information / data in the rates quoted.

g) The GSECL will not pay any extra charges or rate for any reason in case the

contractor claims, after acceptance of contract to have misjudged the site

condition. Ignorance of the intents and contents of the specification document

and site conditions shall not be accepted by the Owner as basis for any claims

for compensation.

h) BIDDER shall inspect the site, examine and obtain all information required and

satisfy himself regarding matters such as sub-surface conditions, water records,

access to site, communication, transport, right of way, the type and number of

equipment and facilities required for the satisfactory completion of work, the

quantity of various items of the work, the availability and rates of material, local

working conditions, uncertainties of weather, obstructions and hindrances that

may arise etc. which may affect the work or cost thereof, before submission of

his bid. Ignorance of site conditions shall not be accepted by the ENGINEER IN

CHARGE as basis for any claim for compensation.

i) The rates quoted by BIDDER shall be based on his own knowledge and judgment

of the conditions and hazards involved and shall not be based on any

representations of the Engineer in Charge. No claim on this account shall be

admitted by the GSECL.

j) The bidders shall submit on online in n-procure with their offer without any

deviations in general terms and conditions of the contract or in technical

specifications.

k) Tenders received after the time and date specified in the tender notice will not be

accepted. Once the offer is submitted by bidder before due date of submission,

EW- 270 PUR-F-006 RFQ-75883

the bidder shall not be allowed to submit revised/ additional/ modified offer even

before due date and time of submission of tender. However, if the date of issue

and/or submission of tender are extended by the Corporation due to any reason,

the bidder may submit if their wishes the revised/additional/modified offer

before extended due date and time of submission.

l) The Corporation reserves the right to accept any tender irrespective of whether it

is lowest or not or to reject all the tenders without assigning any reasons thereof.

Tenders deferring from the technical specifications or the method of bidding in a

radical manner may also be rejected.

m) The bidder shall be presumed to have carefully examined the drawings,

conditions & specifications of work & to have fully acquainted themselves with

all details of the site conditions, locations, materials, geological & weather

characteristics, labour conditions & in general all the necessary information and

data etc. pertaining to and need for the work.

n) This specification is intended as a general description of quality envisaged for

materials and workmanship and of the finished work. It is not intended to cover

minute details. The work shall be executed in accordance with the best modern

practice and to the complete satisfaction of the Purchaser. Special techniques

approved by the Purchaser shall be used if and where found necessary. This

specification shall have precedence if anything contrary to this is stated

elsewhere in the contract documents. The Purchaser’s decision shall be final and

binding on the contractor on any issue arising out of such discrepancies.

o) Each bidder shall also submit a 'Declaration' to the effect that the tenderer is an

engineering construction firm or an association of firm or firm which has

successfully carried out large works of this nature and has adequate

organization and experienced personnel to handle this type and magnitude of

work. Information should also be given regarding the constitution of the firm; it’s

authorized, subscribed & paid up capital, the date & place of registration, the

place of business, the names of the directors and other relevant information.

p) It is the intent of the ENGINEER IN CHARGE to incorporate these specification

documents in the final ‘Contract’. BIDDERS are required to review these

documents and clearly state in their proposals their acceptance of the same.

q) Each page of the bid document including the bid drawings shall be signed,

stamped and dated in ink by the BIDDER as a token of having examined the

same. Any correction in price and the rates entered in the Schedule of Price

shall also be signed and dated by the BIDDER in ink, before submitting the bid.

Non-compliance with this condition will make the bid liable for rejection.

r) All safety measures as required to be adopted as per the Statutory Regulations

and the Safety Rules of the Plant shall be strictly followed by the Contractor

during the execution of the Contract. The Contractor shall set up a suitable

safety organization of his own in this regard.

s) In connection with the execution of the Contract, the Contractor shall comply

with all applicable statutory Rules & Regulations including employment of

labours at site.

t) The Contractor shall carry out any and all such works, as may be required, for

civil work to be completed in all respect as per the Contract Specification.

u) If the GSECL Engineer-in-Charge is not satisfied with the progress of work at

site, he shall direct the Contractor to depute more numbers of supervisory

personnel/workers to meet the completion schedules as per the Contract. Upon

receiving such direction, Contractor shall deploy additional personnel within

days without any extra cost.

v) The GSECL may during the progress of work, order the removal of part or whole

of the work executed, found not in accordance with the specifications/

instructions. No extra claims shall be entertained for re-executing or altering of

such work.

8. SAFETY MEASURES:

The contractor shall ensure the safety of workers, material and structure

including existing structures during execution of the contract. Safety measures

shall be followed during operations of equipments/machinery being used. No

separate payment shall be made for the safety measures and the quoted rates

shall include the cost for all safety measures.

EW- 270 PUR-F-006 RFQ-75883

9. COMPLETENESS:

Any technical services as set forth here in above and which might not have been

specifically mentioned in this Contract relating to the work or in the

specifications and which are not expressly excluded therefore but which are

necessary for the performance in accordance with the specifications as an

integral part of the painting and misc. Civil works shall be rendered by the

Contractor without any extra cost.

10. TOTAL RESPONSIBILITY

The Contractor shall be solely responsible for the entire technical works /

services irrespective of works / services have been made /rendered by him.

11. PAYMENT TO THE LABOURES:

(a) Contractor has to pay the CPF as well as salary to his skilled/unskilled

manpower by cheque A/c payee only, as per minimum wages & prevailing

applicable rules on or before 7th day of next month.

(b) Contractor has to produce challan of PF with list of employees.

(c) Contractor shall have to make payment to his labours in presence of Personal

Officer (Estt.) GSECL, Gandhinagar TPS.

12. CONTRACT AGGREMENT ON ACCEPTANCE:

 The successful contractor will have to sign an agreement as per the Gujarat

State Electricity Corporation Ltd.'s rules on stamped paper and the necessary

stamp duty charges shall be borne by the contractor.

 On acceptance of the tender the name (s) of the accredited representative (s) of

the tenderer who would be responsible for taking instructions from the

Engineers of the GSECL shall be communicated to Chief Engineer (Gen.)

Gandhinagar Power Station, Gujarat State Electricity Corporation Limited.

13. Unsatisfactory progress of the work:

If the work is found not progressing as per the requirement or found not

satisfactory then GSECL will take such action to get the work done through the

other agency at agency’s risk and cost with 15% supervision charges and same

will be recovered from agency.

14. The EMD will be returned promptly to the unsuccessful bidder except that of L1,

L2 & L3 till the successful contractor pays the Security Deposit as mentioned

in tender document or after the expiry of the validity of the offer, whichever is

The EMD will be returned to the successful tenderer after he furnishes the

Security Deposit for the tender work. If he fails to furnish the SD, his EMD shall

be forfeited and the tenderer will not be allowed to participate in the tenders

invited by this office for a period of ONE Year in respective Power Station.

The EMD in form of Bank Guarantee shall be valid for Ten Months from the

date of submission of the tender.

15. Effect and validity of Bid: The submission of bid with these documents and

specification shall constitute an agreement that bidder shall have no cause of action

or claim against the GSECL for rejection of his bid. The GSECL shall always be at

liberty to reject or accept, split any bid or bids at its sole discretion and any action

will not be called into question and the bidder shall have no claim in that regards

against the GSECL.

16. Stop Deal / Banned for business dealing / Blacklisting :-

 Has submitted fake, false or forged documents/certificates

 Has revised/ withdrawn price bid after opening of Techno-commercial bid, until

and unless it is sought for,

 Has tempered with the stipulated tendering procedure.

 Has refused to accept Letter of Acceptance / Purchase order / Work Order after

the same is issued by the company within the validity period and as per agreed

terms and conditions,

 Has committed breach of contract or has failed to perform a contract or has

abandoned the contract,

 Has failed to provide suitable expertise for the work as per pre-scheduled

EW- 270 PUR-F-006 RFQ-75883

 Has failed to submit all the necessary tests reports / documents within time

scheduled / as per company’s time limit, as mentioned in the LOA, if the Letter

of Acceptance (LOA) is placed subject to submission of type reports /

documents to the firm.

 Has indulged in construction and erection of defective works.

 Has supplied inferior quality / defective materials and refused to replace with

stipulated time frame, as specified by the company,

 Has substituted materials in lieu of materials supplied by the company or has

not returned or has short returned or has unauthorisely disposed of materials

/ documents / drawings / tools or plants or equipment supplied by the

 Has involved in malpractices such as bribery, corruption, fraud, canvassing

and pilferage,

 Has unauthorisely obtained official company information or copies of

documents, in relation to the Tender / Contract.

 Has failed to follow the stipulated mode of communication, if specified by the

tendering authority / Purchaser.

 Has parted with, leaked or provided confidential / proprietary information of

the company given to the firm only for its use (in discharge of its obligations

against an order) to any third party without prior consent of the Company,

 Any other ground for which in the opinion of the Company makes it

undesirable to deal with the Firm

 In case the state Government directs the Company to place a firm in stop

dealing / banned for business dealing / blacklisting.

Conflict of Interest among Bidders / Agents

A bidder shall not have conflict of interest with other bidders for particular quoted

item. Such conflict of interest can lead to anti-competitive practices to the detriment

of Procuring Entity's interests. The bidder found to have a conflict of interest shall be

disqualified. A bidder may be considered to have a conflict of interest with one or

more parties in this bidding process for particular quoted item, if:

a) They have proprietor/partner(s)/Director(s)in common; or

b) They receive or have received any direct or indirect

subsidy/financial stake from any of them; or

c) They have the same legal representative/agent for purposes of this bid; or

d) they have relationship with each other, directly or through common third

parties, that puts them in a position to have access to information about or

influence on the bid of another bidder, or

e) bidder participates in more than one bid in this bidding process. Participation

by a bidder in more than one Bid will result in the disqualification of all bids

in which the parties are involved. However, this does not limit the inclusion

of the components/ sub-assembly/ assemblies from one bidding

manufacturer in more than one bid.

f) In cases of agents quoting in offshore procurements, on behalf of their

principal manufacturers, one agent cannot represent two manufacturers or

quote on their behalf in a particular tender enquiry. One manufacturer can

also authorise only one agent/ dealer. There can be only one bid from the

following:

1. The principal manufacturer directly or through one Indian agent on his

behalf; and

2. Indian/foreign agent on behalf of onIy one principal.

g) A Bidder or any of its affiliates participated as a consultant in the preparation

EW- 270 PUR-F-006 RFQ-75883

of the design or technical specifications of the contract that is the subject of

h) in case of a holding company having more than one independently

manufacturing units, or more than one unit having common business

ownership/ management, only one unit should quote. Similar restrictions

would apply to closely related sister companies. Bidders must proactively

declare such sister/common business/ management units in same/ similar

line of business.

i) Bidder shall not act in contravention/violation to the provisions of

competition act, as amended from time to time.

Every bidder should, at the time of submission of bid, give a declaration, that

bidder shall not have conflict of interest with other bidders for particular quoted

item, as above.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 270 PUR-F-006 RFQ-75883

SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

EW- 270 PUR-F-006 RFQ-75883

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

(a) The Contract means the documents forming the tender and acceptance

thereof, together with the documents referred to therein or individual work

order in the case of term contract, including these conditions, schedules

and/or additional conditions attached to the form of tender or individual

works, order, rate schedule, the specifications and the drawings and all these

documents, as applicable, taken together shall be deemed to form the

(b) The “Tender Document” means the form of tender, the applicable schedules

and/or additional conditions and the specifications and/or drawing as issued

to the contractors for the purpose of preparing tender.

(c) The expression “Works” or “Work” when used in the condition of contract

shall, unless there be something in the subject or context repugnant to such

construction means, the works or the work contracted to be executed under or

in virtue of the contract whether original or altered.

(d) The “Contractor” means the individual or firm or Corporation, whether

incorporated or not, undertaking the words and shall include his or its legal

personal representatives, successors and permitted assignees.

(e) “Corporation” means The Gujarat State Electricity Corporation Ltd. and the

“Accepting Officer” means the Officer who is authorized to sign and signs the

contract on behalf of the “Corporation”.

(f) The letter “EE” means Executive Engineer who in the case of measurement

and lump sum contract, direct the contract and the letters “SE” means

Superintending Engineer and “GM” means General Manager who administers

and in the case of the term contracts, directs the contract.

(g) The “Engineer-in-charge” means all officers of the Corporation appointed by

the General Manager to supervise the works or part of the works.

(h) “Approved” and “Directed” means the approval or direction of the Chief

Engineer (Gen), Gandhinagar TPS to Superintending Engineer or the person

deputed by him for the particular purpose.

(i) “BS.” means “British Standards” as issued by the British Standards

Institution. “A.S.” means the “American Standards” as issued by the American

Standards Institution, and “I.S.” means the “Indian Standards” as issued by

the Indian Standards Institution. Wherever the above-mentioned

abbreviations are referred to, in the specifications and/or work orders, they

mean the addition with all amendments current at the date of issue of tender

document of work orders.

(j) In the case of measurement and terms of contract “Specifications” mean those

contained in Gujarat State Electricity Corporation Ltd. scheduled together

with any amendments etc. embodied in the tender documents. “Drawing”

refers to those incorporating the tender documents and/or any work orders

referred therein.

(k) The “Contract Sum” means the sum accepted or the sum calculated in

accordance with the prices accepted in the tender and/or the contract rate as

payable to the contractor for the full and entire executing and completion of

(l) “The date for completion” is the date or dates of completion of the work or any

part of the works set out or ascertained in accordance with the individual

work orders and the tender documents or any subsequent agreed

amendments thereto.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

A. Notwithstanding anything contained to the contrary in the specifications or

tenders in subsequent exchange of correspondence, the conditions of contract

shall be binding on the Contractor and any change or variation expressed or

implied, however made in the said conditions, shall not be valid or operative

EW- 270 PUR-F-006 RFQ-75883

unless expressly sanctioned by the Corporation. The Contractor shall be

deemed to have fully informed himself and to have special knowledge of the

provisions of the conditions of the Contract herein contained.

B. The contractor shall be deemed to have carefully examined the work and site

conditions, the general conditions, the special conditions, specifications,

schedules and drawing and shall be deemed to have visited the site of the

works and to have fully informed himself regarding the local conditions.

C. If there shall have any doubt as to the meaning of any portion of these

general conditions or special conditions of the scope of work of the

specifications or any other matter concerning the contract, he shall in good

time before submitting his tender, send for the particulars thereof and submit

them to the Engineer-in-charge in writing in order that such doubt may be

3. CONTRACT DRAWING AND SPECIFICATIONS:

 The contractor will be entitled to receive one set of agreement along with one

certified copy of accepted tender.

 The drawings which form part of these specifications show the work to be done

in as much detail as is possible at the present stage. They will be

supplemented by such additional detailed drawings as may be necessary as

the work progresses. The contractor shall perform the work on these features

and in accordance with these additional or revised drawings as the case may

be and at the applicable rates as per the contract.

 The contractor shall check all drawings carefully and shall bring to the notice

to the Engineer-in-charge immediately of any errors or omissions discovered.

The contractor shall not take advantages of errors or omissions of any kind in

the drawings supplied.

4. INPUTS BY GSECL:

The electric power supply and connection for construction / work purpose shall

be given at one mutually agreed point at work site free of cost by the GSECL.

Further extension for construction site as well as bore well site for using

construction water will have to be carried out by the contractor as per

requirement at their cost. The necessary electric charges will be paid by the

contractor as per rates prevailing from time to time in the respective DISCOM.

1. If there are any surplus quarters available after meeting the requirement of

GSECL's staff, then GSECL will consider allotment of quarters on rent as per

GSECL's rule.

2. The contractor will have to make their own arrangement of water for

construction work as well as for their labourers at his own cost. If

possible, water for construction purpose only at one point as decided by

EIC and recovery for water charges shall be affected at the 2 % of the

item of which water is used or by quantity measured by meter reading of

water meter installed by contractor, rate of water supply will be charged

at prevailing purchase rates of GSECL, for water supplied by GSECL is

used as certified by EIC. In case of agency is installing bore well and

pumps at his cost, after completion of work agency will hand over the

bore well in good condition with pumps to the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

 The contractor shall submit to the Executive Engineer for approval within one

week of the date of contract, a layout plan of construction plant and

equipment for the execution of work which the contractor proposes to

adopt at site.

 Prior to commencement of work, the contractor shall submit to the Executive

Engineer for approval, plans in triplicate showing the location of Major

plant shop and storage buildings, storage yards, offices, contractor's power

house including its services and housing facilities which he proposes to put

up at site and also indicate the programme of the work.

 The successful bidder on receipt of letter of intent will submit within a week's

time his planning/programme of works for scrutiny of GSECL in a PERT/Bar

chart format, clearly indicating GSECL inputs also.

EW- 270 PUR-F-006 RFQ-75883

 Contractor will plan his works such that on all the fronts released by GSECL,

simultaneous work should progress in such a way that entire job is

completed in scheduled time limit.

 No change in the approved layout shall be carried out without specific written

approval of the Executive Engineer.

6. ERRORS, OMISSIONS AND DISCREPANCIES:

In all cases of errors, omissions, doubts or discrepancies in the dimensions,

or discrepancies in the drawings and items of work in specification, reference

shall be made to the Executive Engineer whose elucidation and elaboration

shall be considered as authoritative. The contractor shall be held responsible

for any error that may occur in the work thorough lack of such reference and

precautions.

7. SECURITY DEPOSIT:

SECURITY DEPOSIT: In tender process for L1 bidder (lowest bidder)

security deposit will be charged as per table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than

Lakh Rs. 5 Lakh

Enterprise or Exempted 3% of order value

Organization which are

exempted from paying

Tender Fee & EMD

For all other 5% of order value 5% of order value

Enterprises

Note: Security Deposit will be collected from the successful tenderer at the

rates mentioned above. This may be recovered by deduction through running

bills of the contractors and / or by treating the Earnest Money Deposit (Bid

Security) paid at the time of submission of the tender.

After issue of Work order and Date of commencement, if successful bidder failed to

start the work then, RPAD notice will be issued to the successful bidder mentioning

that on failing to start the work within next 07 days from the date of issue of RPAD

Notice the EMD will be forfeited and he will not be allowed to participate in the tenders

invited from Gandhinagar TPS office for the period of One year.

The security deposit of the contract value shall be released on finalization of final bill /

successful completion of the work.

All damages, costs, charges, expenses and other sums which may be or may become

due or payable by the contractor to the Corporation under the terms of the contract,

may be deducted from the cash in the proceeds of sale of the securities/bank guarantee

so deposited (which the officer or person to whom the same may be endorsed as

aforesaid is hereby authorized to sell/to encase for that purpose) or from the interest of

any such securities or from any sums due or which may become due to the contractor

by the Corporation or from the whole or the balance unpaid as aforesaid of the encase

securities so deposited being repaid or transferred and returned as the case may be, to

the contractor on finalization of final bill OR after 06 (six) months of successful

completion of the work, whichever later OR on furnishing of the Performance Bond

amounting to 5% of contract value against the defect liability period as mentioned in

this document elsewhere.

If entire security deposit is paid in approved form of Bank Guarantee should be remain

valid during the contractual period and such bank Guarantee should not be reduced on

the basis of the work actually done.

8. USE OF LAND:

EW- 270 PUR-F-006 RFQ-75883

The land required for office, godowns and for labour camp if not available with GSECL,

then the contractor has to arrange the same at his cost. GSECL will give the land only if

the spare land is available with the following conditions.

The contractor shall be permitted to use for the bonafide purpose of execution of this

contract free of cost. The contractor shall be permitted to use for the bonafide purpose

of execution of this contract free of cost.

1. Site required for the construction of the work.

2. Required approach road. The contractor shall make their own arrangements for

the necessary approach, road, for transport of their materials and be responsible for the

compensation on account of damage to crop etc. and shall till completion of work.

3. He will be charged the rent at the annual rate of rupees one hundred per every

acre or part thereof, for the construction of temporary hutments and his store yard.

However area required for such purpose may be clearly indicated in this offer.

 All areas of operation, including those for his staff and labour colonies handed

over to the contractor shall be cleared and handed over back in good condition to the

Engineer except areas under works as per this contract or those for which specific

approval has been obtained from the Engineer. The contractor shall make good to the

satisfaction of the Engineer any damage or alternation made to areas which he has to

hand over back or to other property land handed over to him for purpose of this work.

 Temporary structures may be erected by the contractor for storage sheds,

offices, residence etc. for noncommercial use on the land, handed over to him at his

own expense and with the permission of the Engineer. These structures shall comply

with the regulation that may be in force and/or specified by the Engineer with regard,

thereto. In any circumstances for constructing temporary structures for contractor's

use, GSECL's free supply materials shall not be used. If it is found that GSECL's free

supply materials are used for other than approved project drawings work, same will be

recovered at

penalized rate.

 The contractor shall preserve all existing vegetation such as trees on or adjacent

to the sites which do not interfere with the construction as determined by the

 The contractors shall take all possible precautions in felling trees

authorized for removal to avoid any unnecessary damage to vegetation

and trees not to be felled and to structures under construction, or to

workmen, and shall be responsible for any damage if it occurs in such

operations

 All produce from cutting of trees; grass etc. shall be the property of

GSECL and shall be stocked at the place specified by the Engineer. No

claim shall be made for such cutting and stacking of trees or grass etc. by

the contractor

 The contractors shall not unnecessarily or for use as fuel, cut any trees

brush wood, grass or other vegetation nor shall set fire there to without the

written permission of the Engineer. When such permission is given, the

contractor shall take necessary measures to prevent damage or to prevent

fire spreading to surrounding property, and shall be responsible for any

such damage, if cause.

 The land shall as herein before mentioned be handed back to Engineer in

Charge immediately after the completion of the work under this contract.

Also no land shall be held by the contractor longer than the Engineer shall

deem necessary and the contractor shall, on due notice by the Engineer,

vacate and return the land which the Engineer may certify as no longer

required by the contractor for purpose of the work.

9. START OF WORK:

The contractor shall not enter upon or commence any portion of work except

with the written authority or instructions of the Executive Engineer or his

subordinate in charge of the work, failing such the contractor shall have no

claim to ask for measurement or payment for work and shall be responsible

for any claims or damages that may arise due to such unauthorized

commencement or entry.

10. COMPENSATION FOR THE DELAY:

EW- 270 PUR-F-006 RFQ-75883

The time allowed for carrying out the work as entered in the tender shall be

strictly observed by the contractor and shall be reckoned from the date on

which the order to commence work is given to the contractor. The work shall

throughout the stipulated period of contract be proceeded with all due

diligence (time being deemed to be the essence of contract) and for delay, the

contractor shall pay compensation, an amount equal to ½ (half) percent per

one week for the contract amount or part thereof, including taxes & duties (

i.e. End cost of contract amount including taxes & duties) and maximum up

to 10 % of the order value, including taxes & duties ( i.e. End cost of contract

amount including taxes & duties) or such smaller amount as per the decision

of the Competent Authority of the GSECL The penalty will be invariably

deducted from the bills of the contractor and no refund will be given unless

the competent authority approves the reduction. The reasons for delay,

attributable to GSECL as well as to party will be brought out clearly while

putting the proposal for waiver/reduction in penalty.

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

In any case in which under any clause or clauses of this contract the

contractor shall have tendered himself to pay compensation amounting to

the whole of his security deposit (whether paid one sum) or in the case of

abandonment for the work owing to serious illness or death of the contractor

or any other cause, the Executive Engineer on behalf of the Corporation,

shall have powers to adopt (a) below and any of the following courses under

(b) and (c) as he may deem best suited to the interest of the Corporation.

(a) To rescind the contract (for which rescission notice of 10 days) in writing to

the contractor under the hand of the Executive Engineer shall be conclusive

evidence and in that case the security deposit of the contractor shall stand

forfeited and absolutely at the disposal of the Corporation. To employ labour

paid by the Corporation, to supply materials, to carry out the works or any

part of the work debiting the contractor with the cost of the labour and the

price of the materials (as to the correctness of which cost and price, the

certificate of the Executive Engineer shall be final and conclusive against the

contractor) and crediting him with value of the work done in all respects in

the same manner and at the same rates as if it had been carried out by the

Contractor under the terms of this contract and in that case the certificate of

the Executive Engineer as to the value of the work shall be final and

conclusive against the contractor.

(b) To order that the work of the contractor be measured up and to take such

part thereof, as shall be unexecuted, out of his hands and to give it to

another contractor to complete, in which case, any expenses, which may be

incurred in excess of the sum, which would have been paid to the original

contractor, if the whole work would have been executed by him (as to the

amount of which excess expenses, the certificate in writing of the Engineer-

in-charge shall be final, conclusive and shall be borne and shall be paid by

the original contractors and shall be deducted from any money due to him by

the Corporation under the contract or otherwise from his security deposit of

his proceeds sale thereof or a sufficient part thereof.

(c) In the event of the above courses being adopted by the Executive Engineer,

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 advances on account of or with a view to

the execution of the work or the performance of the contract. And in case the

contract shall be rescinded under the provision aforesaid, the contractor shall

not be entitled to recovery or be paid any sum for any works thereof actually

performed by him under this contract unless and until the Executive

Engineer shall have certified in writing the performance of such work and the

amount payable to him in respect thereof and he only be entitled to be paid

the amount so certified.

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

If the progress of a particular portion of the work is unsatisfactory, and also

if as per the opinion/observation of the Executive Engineer (whose decision

shall be final) in charge that the general progress of work is not satisfactory,

EW- 270 PUR-F-006 RFQ-75883

then Executive Engineer in charge shall be entitled to take action under

clause 11 (c) after giving the contractor ten days’ notice in writing and the

contractor will have no claim for compensation for any loss sustained by him

owing to such action.

13. ACTION IN THE CASE OF DEFAULT BY THE CONTRACTOR :

In any case in which any of the powers conferred upon the Executive

Engineer by Clauses 11 and 12 hereof shall have exercisable and the same

shall not have been exercised, the non-exercised thereof shall not constitute

a waiver of any of the conditions hereof and such powers shall not

withstanding be exercisable in any further case of default by the contractor

of which, by any clauses hereof, he is declared liable to pay compensation

amounting to the whole of his security deposit and liability of the contractor

for past and future compensation shall remain unaffected in the event of the

Executive Engineer taking action under sub-clause (a) or (c) of Clause 11, he

may if he so desires, take possession of all or any tools, plants, materials,

and stores in so upon the work or the site thereof belonging to the

contractor, or procured by him and intended to be used for the execution of

the work of any part thereof paying for allowing for the same in account at

the contract rates, or in the case of a contract rates not being applicable of

current market rates to be certified by the Executive Engineer whose

certificate thereof shall be final. In the alternative, the Executive Engineer

may by notice in writing to contractor or his clerk of works, foreman or other

authorized agent, require him to remove such tools, plant, materials or

stores from the premises within a time to be specified in such requisition, the

decision to the contractor failing to comply with any such requisition, the

decision of the Executive Engineer as to the expense of any such removal

and the amount of the proceed and expense of any such sale, be final and

conclusive against the contractor

14. EXTENSION OF TIME LIMIT

If the contractor shall desire an extension of the time limit for completion of

the work on the ground of his having been unavoidably hindered in its

execution or on any other ground, he shall apply in writing to the Executive

Engineer and the Executive Engineer may, if in his opinion there are

reasonable grounds for granting extension, recommend such extension as he

may think necessary or proper. The decision of the competent authority in

this regard shall be final, and binding to the contractor. Any delay attributed

to Corporation, shall be thus compensated only by way of extending the

15. COMPLETION CERTIFICATE

On completion of the work, the Contractor shall be furnished with

Completion Certificate by the Executive Engineer. No such certificate shall be

given nor shall be the work considered to be completed until works are taken

over and/or duly tested and put to operation as the case may be, nor until

the work shall have been measured by the Engineer-in-Charge or where the

measurement have been taken by his subordinates until they have received

the approval of the Executive Engineer the said measurement being binding

and conclusive against the contractor.

16. EFFECT OF THE CERTIFICATE :

No payment shall be made for any work estimated to cost less than Rs.1,000

till after the whole of said work shall have been completed and a certificate of

completion given. But in the case of works estimated to cost more than

Rs.1,000, contractor shall on submitting a monthly bill thereof, be entitled to

receive payments. Proportionate to the part of the work then approved and

passed by the Engineer-in-Charge, whose certificate of such approval and a

passing of the sum so payable shall be final and conclusive against the

contract. All such intermediate payment shall be regarded as payment by

way of advance against the final payment only and not as payments for work

actually done or completed and shall not preclude the Engineer-in-charge

from requiring bad, unsound, imperfect or unskillful work to be removed and

taken away and reconstructed or re-erected nor shall any such payment be

EW- 270 PUR-F-006 RFQ-75883

considered as admission of the due performance of the contract or any part

thereof in any respect of the occurring of the claim nor shall conclude,

determine or effect in any way the powers of the Engineer-in-Charge as to the

final settlement and adjustment of the accounts otherwise or in any other

way, vary or affect the contract. The final bill shall be submitted by the

contractor within one month of the date fixed for completion of work;

otherwise the certificate of the Engineer-in-charge of the measurement and of

total amount payable for the work shall be final and binding on all parties.

total amount payable for the work shall be final and binding on all parties.

17. PAYMENT TO CONTRACTORS :

The rates for several items of works estimated to cost more than Rs.1,

agreed to within shall be valid only when the item concerned is accepted,

having been completed full, in accordance with the sanctioned specification.

In case, where the items of the work, are not accepted, as so completed, the

Engineer-in-charge, may make payment on account of such items at such

reduced rates, as he may consider reasonable in the preparation of final or

running accounts bills and it will be binding to the contractor.

18. BILLS :

The Bill Shall be submitted by the contactor each month on or before the

date fixed by the Engineer-in-charge, for all works, executed in the previous

month and the Engineer-in-charge shall take or cause to be taken the

requisite measurement for the purpose or having the same verified and the

claim so far as it is admissible, shall be adjusted, if possible, within Fifteen

days from the presentation of the bills. If the contractor does not submit the

bill, within the time fixed, as aforesaid, the Engineer-in-charge may depute a

subordinate to measure up the said work in the presence of the contractor or

his duly authorized agent, whose counter signature in the measurement

shall be sufficient warrant and the Engineer-in-charge may prepare a bill

from such list which shall be binding on the contractor in all respects. In

case if contractor/ representative does not remain present on specified date

for taking measurement than EIC may take the measurement one sided and

the same shall be binding to the contractor irrespective whether he has

signed or not.

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY

WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS

MENTIONED IN SCHEDULE A ]

If the specification of the estimated work provides for use of any special

description of material to be supplied from the Corporation’s stores or if it is

required that the contractor shall use certain stores to be provided by the

Engineer-in-charge, (such material and stores and the prices to be charged

thereof as hereinafter mentioned being so far as practicable for the

convenience of contractor but not so as in any way to control, the meaning or

effect of this contract specified in the schedule or memorandum hereto

annexed). The contractors shall be supplied with such materials and stores

as may be required from time to time be used by him for the purpose of the

contract only and the value of the full quantity of materials and stores so

supplied shall be set off or deducted from any sum due or thereafter to

become due to the contractor, under the contract or otherwise or from the

security deposit or the proceeds of sale thereof if the deposit is held in

government securities the same or a sufficient portion thereof, shall be sold

for the purpose. All materials supplied to the contractor shall remain the

absolute property of the Corporation and shall on account be removed from

the site of work and shall at all times be open to inspection by the Engineer-

in-charge. Any such materials unused and in perfectly good condition at time

of completion or determination of the contract shall be returned to the

Corporation’s store if the Engineer-in-charge so requires by notice in writing

given under his hand but the contractor shall not be entitled to return any

such materials except with such consent and he shall have no claim for

compensation on account of any such materials supplied to him as aforesaid

but remaining unused by him or for any wastage in or damaged thereto. The

contractor shall be responsible for the loss, destruction or deterioration of

EW- 270 PUR-F-006 RFQ-75883

the materials, stores or articles supplied to him by the Corporation even if

such loss, destruction or deterioration has occurred under any

circumstances whatsoever beyond his control as if the materials, stores or

articles so supplied were his property.

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWING, ORDERS ETC.

The contractor shall execute the whole and every part of work in the most

substantial and workman like manner and both as regarding materials and

in every other respect in strict accordance with the specification. The

contractor shall also confirm exactly, fully and faithfully to the designs,

drawings and instructions in writing relating to the work signed by the

Engineer-in-charge and lodged in his office and to which the contractor shall

be entitled to have access for the purpose of inspection at such office, or on

the site of the work during office hours and the contractor shall, if he so

requires, be entitled at his own expense to make or cause to be made copies

of the specification and of all such designs, drawings and instructions as

aforesaid.

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO

INVALIDATE CONTRACTS

The Executive Engineer shall have powers to make any alterations, or

additions to the original specification, designs and instructions that may

appear to him to be necessary or advisable during the progress of the work

and the contractor shall be bound to carry out the work in accordance with

any instruction in this connection which may be given to him in writing,

signed by the Engineer-in-charge and such alterations shall not invalidate

the contract. Any additional work which the contractor may be directed to do

in the manner above specified as part of the work shall be carried out by the

contractor on same conditions in all respect on which he agreed to do the

main works and at the same rates as are specified in the tender for the main

Where, however, the work is to be executed according to the designs,

drawings and the specifications recommended by the contractor and

accepted by the competent authority, the alteration above referred to shall be

within the scope of such designs, drawings and specifications appended to

the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OF

RATE OF THE CORPORATION

If the additional and altered work includes any class of work for which no

rate is specified in this contract, then such class of work shall be carried out

at the rates entered in the Schedule of Rates of the Corporation or at the rate

mutually agreed upon between the Executive Engineer and the Contractor,

whichever are lower. If the additional or altered work for which no rate is

entered in the Schedule of Rates of the Division is ordered to be carried out

before the rates agreed upon then the contractor within seven days of date of

receipt by him of the order to carry out the work should inform the Executive

Engineer for the rate which it is his intention to charge for such class of work

and if the Executive Engineer does not agree to this rate, he shall be noticed

in writing, be at liberty to cancel his order to carry out such class of work

and arrange to carry it out in such manner as he may consider advisable

provided always that if the rates shall have been determined as lastly herein

before mentioned then in such case he shall only be entitled to be paid in

respect of the work carried out or expenditure incurred by him prior to the

date of the determination of the rate as aforesaid according to such rate or

rates as shall be fixed by the Executive Engineer in the event of disputes, the

decision of the General Manager of the Corporation will be final.

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR

ALTERATION

The time limit for the work shall be extended in the proportion that the

increase in its cost occasioned by alterations or additions bears to the cost of

EW- 270 PUR-F-006 RFQ-75883

the original contract work and the certificate of the Engineer-in-charge as to

such proportions shall be conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF

WORK TO BE CARRIED OUT

If at any time, after the execution of the contract documents, the Engineer-

in-charge shall, for any reason whatsoever, requires the whole or any part of

the work, as specified in the tender, to be stopped for any period or shall not

require the whole or part of the work to be carried out at all or to be carried

out by the contractor, he shall give notice in writing of the fact to the

contractor who shall thereupon suspend or stop the work totally or partially

as the case may be in any such case, except as provided here under. The

contractor shall have no claim to any payment or compensation whatsoever

on account of any loss in profit or advantage which he might have derived

from the execution, of the work in full but which he did not so derive in

consequence of the full amount of work not having been carried out or on

account of any loss that he may be put to on account of materials purchased

or agree to be purchased or for unemployment of labour recruited by him. He

shall not also have any claim for compensation by reason of any alterations

having been made in the original specification, drawings, designs and

instructions which may involve any curtailment of the work as originally

contemplated. Where, however, materials have already been purchased or

agreed to be purchased by the contractor before receipt by him of said notice,

the Executive Engineer provided they are not in excess or requirement and

are of approved quality and/or shall be compensated for the loss, if any, that

he may put to in respect of materials agreed to be purchased by him. The

amount of such compensation to be determined by the Executive Engineer,

whose decision shall be final. If the contractor suffers any loss on account of

his having to pay, his labour charges during the period, during which the

stoppage of work has been ordered under this clause the contractor shall on

application be entitled to such compensation on account of labour charges

as the Executive Engineer whose decision shall be final, may consider

reasonable provided that the contractor shall not be entitled to any

compensation on account of labour charges if, in the opinion of the Executive

Engineer, the labour could have been employed by the contractor elsewhere

for the whole or part of the period during which the stoppage of the work has

been ordered as aforesaid.

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO

DELAY IN SUPPLY OF MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from

Corporation for the loss suffered by him on account of delay by Corporation

in the supply of materials entered in Schedule A where such delay is caused

 Difficulties relating to supply of railway wagons.

 Force Majeure

 Act of God

Any other reasonable cause beyond the control of Corporation, including

shortage of materials to be supplied by the Corporation and difficulties in

time by reaching at the site of any materials equipment.

In the case of such delay in the supply of materials, Corporation shall grant

such extension of time for the completion of the works as shall appear to the

Executive Engineer to be reasonable in accordance with the circumstances of

the case. The decision of the Executive Engineer as to the extension of time

shall be accepted as final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to any

compensation from Corporation on any account unless the contractor has

claimed in writing to the Executive Engineer within one month of the cause

27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

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If at any time, before the security deposit is refunded to the contractor, it

shall appear to the Executive Engineer or his subordinate in charge of the

work that any work has been executed with unsound, imperfect or unskillful

workmanship or with materials of inferior quality or that any materials or

articles provided by him for the execution of the work are unsound or of

inferior quality to that contract for or are otherwise not in accordance with

the contract, it shall be lawful for Engineer-in-charge to intimate this fact in

writing to the contractor and then notwithstanding the fact that the work,

materials, or articles complained of, may have been inadvertently passed,

certified and paid for, the contractor shall be bound forthwith to rectify or

remove and reconstruct the work so specified in whole or any part, as the

case may require or if so required shall remove the materials or articles so

specified and provided other suitable materials or articles at his own charge

and cost, and in the event of his failing to do so within a period to be

specified by the Engineer-in-charge in the written intimation aforesaid the

contractor shall be liable to pay compensation at the rate of one percent on

the amount of the estimate for every day not exceeding ten days during

which the failure so continues and in the event of any such failure as

aforesaid, the Engineer-in-charge may rectify or remove or re-execute the

work or remove and replace the materials or articles complained of, as the

case may be, at the risk and expense in all respects of contractor should the

Engineer-in-charge consider that any such inferior work or materials as

described above may be accepted, or made use of, it shall be within his

discretion to accept the same as such reduced rates as he may fix thereof.

Provided that in the case of any work of which visible check is not possible if

the Engineer-in-charge or his subordinate in charge of the work feels that

such work has been executed with unsound, imperfect or unskillful

workmanship or with materials of inferior quality, he shall take sample tests

at random, cost of which shall have to be borne by the contractor and if after

taking such test part of such work is found to be defective in any respect or

to have been executed with materials of inferior quality then the contractor

shall pay for the whole work such amount as may be fixed by the office of the

Engineer-in-charge on the basis of the lowest quality of work found by him in

such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR

RESPONSIBLE AGENT TO BE PRESENT.

All works under execution or in pursuance of the contract shall at all times

be open to the inspection and supervision of the Executive Engineer and his

subordinate and contractor shall at all times, during the usual working

hours and at all other times at which reasonable

notice of the intention of the Executive Engineer or his subordinate to visit

the works shall have been given to the contractor, during which period either

he should be present to receive order and instruction, or have a responsible

agent duly authorized agent shall be considered to have the same force and

effect as if they had been given to the contractor himself.

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days’ notice in writing to the

Executive Engineer or his subordinate in charge of the work, before covering

up or otherwise placing beyond the reach of measurement of any work, in

order that the same may be measured and correct dimensions thereof, taken

before the same is so covered up or placed beyond the reach of measurement

and shall not be covered up or placed beyond the reach of measurement and

work without the consent in writing of Executive Engineer or his Subordinate

in charge of work. If any work shall be covered up or placed beyond the reach

without such notice having been given or consent obtained, the same shall

be uncovered at the contractor’s expense and in default thereof no payment

or allowance shall be made for such work or for the materials with which the

same was executed.

30. CONTRACTOR’S LIABILITIES

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The contractor shall supply, at his own cost, all materials (except such

special materials, if any as may be supplied from the Corporation stored in

accordance with the contract). Plant, tools, appliances, implements, ladders,

cordage, tackle, scaffolding and any temporary works which may be required

for the proper execution of the work, in the original, altered or substituted

form and whether included in the specification and other document forming

part of the contract or referred to in these conditions or not and which may

be necessary for the purpose of satisfying and complying with the

requirements of the Engineer-in-charge as to any matter on which under

these conditions, he is entitled to be satisfied or which he is entitled to

require together with carriage thereof to and from the work. The contractor

shall also supply without any charge the requisite number of persons of

setting out works and counting, weighting and assisting in the measurement

of examination at the time and from time to time of the work or materials,

failing this the same may be provided by the Engineer-in-charge at the

expenses of the contractor and the expenses may be deducted from any

money due to the contractor under the contract or from his security deposit

or the proceeds of sale thereof or of a sufficient portion thereof, the

contractor shall provide all necessary fencing and light required to protect

the public from accident and shall also be bound to bear expenses of defense

of every suit, action or other legal proceedings of law that may be brought by

any person for injury sustained. Owing to neglecting of the above

precautions and to pay any damage and cost which may be awarded in such

suit, action or proceedings to any such person or which may with the

consent of the contractor be paid in comprising any claim by any such

31. CONTRACTOR LIABLE FOR ALL DAMAGE

Compensation for all damage done intentionally or unintentionally by

contractor’s laborer, whether in or beyond the limit of Corporation’s property,

shall be estimated by the Executive Engineer or such other office as he may

appoint and the estimates of the Executive Engineer, subject to the decision of

the Superintending Engineer, on appeal, shall be final and the contractor shall

be bound to pay the amount of the assessed compensation demand, failing

which, the same will be recovered from the contractor as damages or deducted

by the Engineer-in-charge from any sums that may be due to or become due

from Corporation to the contractor under this contract or otherwise.

The contactor shall bear the expenses of defending any action or other legal

proceeding that may be brought by any person for injury sustained by him

owing to negligence of precautions for prevent the spread of fire and he shall

also pay any damage and cost that may be awarded by the court, if in

consequence

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of the

Engineer-in-charge and if the contractor assign, or sublet his contract, or

attempt to do so or become insolvent or commence any proceedings to be

adjudicated as insolvent or make any composition with creditors, attempt to

do so, the Engineer-in-charge may, by notice in writing rescind the contract.

Also, if any bribe, gratuity, gift, loan, perquisite, reward or advantage

pecuniary or otherwise shall either directly or indirectly be given, promised or

offered by the contractor or any of his servants, or agents, or any person to

the employee of the Corporation in any way relating to his office or indirectly

interested in the contract, the Executive Engineer may, by ten days’ notice in

writing, rescind the contract. In the event of a contract being rescinded the

security deposit of the contractor shall there upon stand forfeited and be

absolutely at the disposal of the Corporation and the same consequences shall

ensure as if the contract has been rescinded under Clause 11 thereof and in

addition the contractor shall not be entitled to recover or be paid for any work

thereof actually performed under the contract.

33. COMPENSATION

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All sums payable by a contractor by way of compensation under any of these

conditions shall be considered as a reasonable compensation to be applied to

the use of Corporation without reference to the actual loss or damage

sustained and whether any damage has not been sustained.

34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm

shall be forthwith notified by the contractor to the Executive Engineer for his

information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the

direction and subject to the approval of Superintending Engineer /Engineer-

in-charge for the time being who shall be entitled to direct at what point or

points and in what manner they are to be commenced and from time to time

to be carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power

delegated to him by Corporation under the Corporation’s rules, then in force,

the decision of the Superintending Engineer/EIC for the time being shall be

final, conclusive and binding on all the specifications, designs, drawings and

instructions herein before mentioned and as to the quality of workmanship or

material used on or as to any other question, claim, right matter or thing

whatsoever in any way 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 completion

or abandonment thereof.

37. Dispute Resolution Mechanism: For works contracts and composite

Contracts, the arbitration mechanism shall be governed by the Gujarat

Public Works Contracts Disputes Arbitration Tribunal Act, 1992 as per

below details.

sub clause 37(1) Amicable Settlement : Any dispute, difference,

controversy or claim between the Parties arising out of or relating to this

contract with reference to the construction, interpretation, breach,

termination or validity thereof (hereinafter referred as "the Dispute") shall,

upon the written request of either Party be referred to the authorized

representatives of the Disputing Parties for resolution. The authorized

representatives shall promptly meet and attempt to negotiate in good faith a

resolution of the Dispute within thirty days of the service of the request.

sub clause 37(2) Arbitration : If the Parties fail to amicably resolve the

disputes or differences or contrary claims as indicated herewith in sub

clause (1) of Clause 37 arising under or in connection with the present works

contracts, whether pertaining to works contracts alone or works and

procurement both, the same shall be referred to arbitration under the

Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992."

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE ONLY

WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS

MENTIONED IN SCHEDULE A]

The contractor shall obtain from the Corporation stores, such articles as are

mentioned in schedule “A” which may be required for the work or any part of

the work or in making up any articles required therefore or in connection

therewith, unless he has obtained permission in writing from the Executive

Engineer or obtained such stores and articles from elsewhere. The value of

such stores and articles as may be supplied to the contractor by the

Engineer-in-charge will be debited to the contractor in his account at the

rate shown in the schedule “A” attached to the contract and if they are not

entered in said Schedule, they shall be debited to him at cost price which for

the purpose of this contract shall include cost of carriage and all other

expenses whatsoever which may have to be incurred in obtaining delivery of

the same at the stores aforesaid and further overhead charges 15%.

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The Contractor shall be responsible for the loss, destruction or deterioration

of the materials, stores or articles supplied to him by the Corporation, even if

such loss, destruction or deterioration has occurred under any

circumstances whatsoever beyond his control as if the materials, stores or

articles so supplied were his property. The contractor shall be responsible for

returning the residual materials after completion of the contract and it fails

to return, the balance materials supplied to him by the Corporation, the cost

of the residual materials will be recovered from the contractor at the market

rate or stock issue rate whichever be higher at the time of materials account

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in respect

of parts of the works the contractor shall be entitled to payment in respect of

the items of works involved or the part of the work in question at the same

rates as are payable under this contract or such items or if the part of work

in question is not in the opinion of the Engineer-in-charge capable of

measurement the Engineer-in-charge may at his discretion pay the lump

sum amount entered in the estimate and the certificate in writing of the

Engineer shall be final and conclusive against the contractor with regard to

any sum or sums payable to him under the provision of this clause.

40. LUMP SUM TENDERS

Whenever lump sum tenders have been invited for buildings or other

structures of the same type, design, the contractor shall submit his bill

stated in Clause No. 18 and the Engineer-in-charge not below the rank of

work, Executive Engineer shall certify by general measurement or by other

method considered suitable to him, the value of work done and the

contractor shall be paid monthly a sum equal to 90% of the total value the

work so certified, since the last payment, after deducting a part or whole of

the secured advance if not already paid for the materials utilized on the

works. An additional secured advance for any fresh materials utilized on the

works. An additional secured advance for any fresh materials brought on site

will also be paid if certified by the officer not below the rank of Executive

Engineer. After the work is completed final bill would be paid on the

certification of officer not below the rank of Executive Engineer, that the

work, is done according to drawing and specifications attached to the tender.

If any additions and alterations have been carried out, detailed measurement

in respect thereof shall be recorded and extra payment or deductions are

regulated as per item rates quoted by the contractor while submitting the

tender and if there are any items in the additions and alterations for which

the contractor has not quoted a rate, the payment shall be as per Clause

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification as is

mentioned, such work shall be carried out in accordance with the PWD and

in the event of there being no PWD specification, the work shall be carried

out in all respects in accordance with the instructions and requirements of

the Engineer-in-charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be

entertained for quantities of work actually executed, being either more or less

up to any extent than those entered in the tender or less than those entered

in the tender or estimate.

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of work

on account of acquisition of land and in the case of clearance for works or

any delay in according sanction to estimates.

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF

No compensation shall be allowed for any delays in execution of the work on

account of water standing in borrow pits or compartment. The rates are

EW- 270 PUR-F-006 RFQ-75883

inclusive for hard or cracked soil, excavation in mud, sub-soil water or water

standing in borrow pits and no claim for any extra rate shall be entertained

unless otherwise expressly specified and mentioned in the tender.

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the site,

who shall be fully authorized to receive and comply with such instructions,

as given by the Executive Engineer. The contractor shall intimate the name

of such Engineer with his qualifications and experience. The Executive

Engineer shall have the right to demand the removal of any technical

personnel, skilled or unskilled workmen, who in his opinion are considered

to cause bad workmanship in the execution of works or to cause indiscipline.

46. INDUSTRIAL LABOUR LAWS

T erm s and C ondition s re g ardin g L abour L a w s

During the entire period of the contract, the Contractor and his Sub- Contractor shall

at all times comply with all applicable labour laws, rules, regulations, notifications,

and bye-laws issued by the Central Government, State Government, or Local

Authorities. This includes all existing laws as well as any amendments or new

notifications that may come into force during the contract period.

The Contractor and his Sub-Contractors shall, at all times abide by the following Act /

statutes related to Human Resources:

1. Factories Act, 1948;

2. Contract Labour (Regulation & Abolition) Act, 1970;

3. EPF & MP Act, 1952;

4. Building & Other Construction Workers (Regulation of Employment &

Conditions of Service) Act, 1996;

5. ESI Act,

6. Minimum Wages Act, 1948;

7. Payment of Wages Act, 1936;

8. Payment of Bonus Acq 1965;

9. Payment of Gratuity Act, 1972;

10. Workmen's Compensation Act, 1923;

11. lD Act, 1947;

12. Maternity Benefit Act, 1961 ;

13. Inter-State Migrant Workmen (Regulation of Employment & Conditions of

Service) Act, 1979;

14. The Building And Other Construction Workers' Welfare Cess Act,

17. The Carriage by Road Act,2007.

The above list is only indicative and not exhaustive. The Contractor shall remain fully

responsible for ensuring compliance with all other applicable labour and welfare

legislations, rules, and regulations in force during the contract.

The following are some of the major responsibilities of the contractor, in addition to

other obligations prescribed under various labour laws, rules, and regulations issued

by statutory authorities such as the State Government or Government of India from

time to time, which the contractor shall strictly comply with during the execution of

the contract.

1) The Factories Act,

The conhactor should not deploy worker below the age of 18 years and above

years for the awarded work.

Earn Leave shall be paid to their bonafide contract workers as per the provisions of

the Factories Act,

Payment of Earned Leave should be made monthly together with wages for better

compliances of law. The contactor shall maintain Earn leave Register in Form No.

EW- 270 PUR-F-006 RFQ-75883

as per the provisions of the said Act and submit the same on demand.

All the written registers, Performa etc. shall be maintained up to date and kept ready

for inspection at any time or submitted on-time to the concerned authorities as per

applicability of the Acts by contractor.

2) The Contract Labour (Regulation and Abolition) Act,

The Contractor / Agency shall have to obtain the Labour License under Contract

Labour (Regulation & Abolition) Act from the appropriate authorities before

commencement of work. The contract tor shall maintain a valid labour license under

the Contract Labour (Regulation and Abolition) Act for employing necessary man

power to be required by contractor.

The contractor should not be allowed to engage fifty (50) or more contract labourers

without initiating to obtain the labour license under the Contract Labour Act. (the

said number i.e., fifty (50) or more includes Supervisor and other staff).

3) Minimum Wages Act,

Contractor shall have to make the payment of wages to the Contract Labours

engaged by them, on or before 7th of every month through nearest Nationalized

Bank compulsory, preferably situated in the premises of TPS area in case of all works

contract. The Contractor shall supply copy of Bank Statement duly stamped by the

Concerned Bank as well as debited entry of amount displayed in the contractors' own

bank account as token of proof towards payment of Wages through CLIM/prevailing

system at relevant time.

Apart from Payment of wages through Bank, Contractors shall have to make all other

payments like Advances, Bonus, Leave Encashment etc. to their labours through

bank only and cash payment / entry will not be allowed.

Wages rates for contract laborers are applicable as per the terms and conditions of

the license. The contractor shall have to pay wages to workers as notified by the

Government of Gujarat from time to time.

Any default to pay the minimum wages to the engaged workers and deprived of their

right to minimum wages payment on or before 7th of each month shall be dealt as

per the provision of labour laws. Recurrence of the same may lead to cancellation of

awarded contract.

4) The Provident Fund and Miscellaneous Provisions Act,

The contractor must possess separate P.F. code on the name of the Firm /Agency

/Company itself for the subject work.

It should be ensured that all the contract labours engaged by contractor are covered

under the provident fund scheme and employee's pension scheme and their

contribution must be remitted regularly to the concemed RPFC. The photocopies of

challan along with ECR in this regards should be submitted regularly to the User

Department to enable their onward billing clearance.

The contractor shall submit along with his bill (month wise) statement regarding

deductions against employees' provident fund and family pension scheme in respect

of each concerned employee' Provident fund and family pension scheme at the rate

of 12 %o of wages (or at the rates made applicable by the Government time to

time). The contractor's contribution and his workers contribution towards provident

fund and family pension scheme shall deposited by the contractor with concerned PF

Authorities.

5) Workmen's Compensation & Employer's Liability Insurance.

The contractors shall have to obtain Employee Compensation Policy under the

Employees Compensation A ct before starting the work. Employee Compensation

Insurance shall be obtained for all the workers engaged for the execution of awarded

EW- 270 PUR-F-006 RFQ-75883

contract. If any of the work is sub-letted the contractor shall ensure that the sub

contractor take and provide workmen's compensation and Employer's liability

insurance for the labours engaged. Contract tor is liable to pay compensation in case

of accidental injury arising or.t of and in the course of employment as per the said

Act and shall bear medical expenses due to on duty accident.

6) The Payment of Gratuity Act,

For better compliance, contractor shall pay amount of gratuity on a monthly basis

along with the payment of wages, calculated on a pro-rata basis per month, which is

equivalent to 15 days' wages for each completed year of service for every worker. (*

applicable to ARC / BRC works contract only).

7) The Payment of Bonus Act,

Every worker shall be entitled to be paid by the contractor in an accounting year,

bonus, in accordance with the provisions of this Act, For better compliance, the

contractor should pay bonus amount on a monthly basis along with wages calculated

on a pro-rata basis per month. Contractor has to submit the paid bonus details of its

worker in Form No. C as per the provisions of the said Act as and when required by

the Govt. Authority as well as by GSECL.

8) The maternity Benefit Act,

Contractor shall ensure that entitled female worker should provide Maternity Leave

and other benefits as per the provision of the said Act.

9) The Building and other Construction Workers' Act,

For any construction work, fall under the definition of Section 2(1Xd), happening

outside / inside the Factory premises the said act will be applicable and the

contractor or its sub-contractor shall be liable to comply with the provisions framed

there under.

10) The contractor shall give preference to existing or local contract workers for

engagement in the awarded contract and shall issue appointment orders to each and

every workers individually at the time of their engagement during the period of

contract and terminate the same at the end of the each contract.

Follow the mentioned procedure at each milestone for the execution of works

11) On Commencement of Contractual Work

1. Before starting the work, the contractor may contact Labour Welfare Officer /

Industrial Relations Officer for all formalities related to labour law compliance before

commencement of the contract and onward Labour Law compliance thereof, so that

later no dispute will arise in respect of compliance of labour laws.

2. It is the responsibility of the contractor to ensure that contractor's employees

maintain strict discipline as regards security, methods of safe working etc, and not to

cause any hindrance to smooth running of power station or in execution of duties by

GSECL staff Any lapse in this regard will be viewed seriously and if lapse found,

contact is liable to be terminated. If any of contractor's staff is found unsuitable or

not behaving properly, the contractor shall have to remove such worker from the

work-site on demand by EIC. To maintain harmonious industrial relations amongst

contact labours is solely the responsibility of contrac tor. Any breach of the same will

be viewed seriously.

3. A digital system developed at the request of the agencies working at the premises

of GSECL, is to facilitate them for easy, efficient, effective management of data, gate

passes, attendances, medical records, Police Verification documents etc related to

their employees / workers deployed for various works and services against work

order of GSECL.

EW- 270 PUR-F-006 RFQ-75883

4. On receipt of LOA and before commencement of work, authorized representatives

of the agency shall login in the CLIMS online portal / prevailing system at relevant

time and apply for registration of their employees / workers uploading all information

with required documents in digital form. Upon completion of due verifications,

clearance by EIC and HR departments, contracting agency will obtain gate passes.

GSECL will only consider documents like wage sheet duly accepted and signed by

individual workers, as per the engagement/deployment duration/hours of individual

worker duly certified by the agency, being the employer, for the purpose of payment

of bills and HR clearances.

Agency shall be solely responsible for maintaining accurate and upto- date data of

their workers in the portal/ prevailing system at relevant time. All statutory

compliances under prevailing laws shall remain the responsibility of the contracting

agency. The agency shall indemnit/ GSECL against any liabilities arising from

noncompliance of legal provisions or inaccuracies in the data maintained by them in

the digital portal of CllMS/prevailing system at relevant time.

5. The Contractor who intends to engage labours more than the specified limit under

law, then necessary - Form No. V under the Contract Labour (R& A) Act, 1970 or

Form No. VI under the Interstate Migrant worker (employment regulation) Act

as applicable is to be obtained for the purpose of obtaining labour License from the

Licensing Authority.

6. It shall be the duty of the Contractor or his Supervisor to ensure Bio-Metric

punching and reporting at the location of work.

7. The contractor shall employ adequate number of experienced staff at site for daily

supervision and for maintaining of various registers and records required under the

Labour laws and contracts. No payment for such supervision shall be admissible.

8. The gate passes obtained for any specific work order will be valid for that specific

work order only and contractor should not divert the man power for any other work

order. If any work or part thereof is desired/required to sublet, the contactor shall

obtain the necessary permission of EIC in black and white well in advance which is

mandatory for considering the statutory documents of agency other than the agency

who awarded work order.

12) During Contractual Work under the progress:

1. All C-ontrac tors shall have to make the payment of wages to the Contract

Labours engaged by them, on or before 7th of every month through Nearest

Nationalized Bank compulsory, preferably situated in the premises of power station

The Contractor shall supply copy of Bank Statement duly stamped by the Concerned

Bank as a token of proof towards payment of Wages through CLIMS i prevailing

system at relevant time.

2. All C-ontra c tors has to comply & maintain statutory documents /registers under

the provision of labour laws & EPF Act.

3. In case the contractor having more than one contract in the same TPS, the

contractor shall have to obtain work order wise separate Gate Passes and submit the

same with the documents of statutory compliance that too work order wise every

month to the User Department to enable their onward billing clearance.

(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING LABOUR LAWS

The contractor shall indemnify and keep indemnified the GSECL, and every member,

officer and employees of the GSECL, also Engineer-in-charge and his staff against all

actions, proceedings, claims, demands, costs and expenses whatsoever arising out of

or in connection with the matter referred in above clauses and elsewhere and against

all actions, claims demands, cost and expenses which may be made against the

EW- 270 PUR-F-006 RFQ-75883

GSECL by any workman/ employees of contractor or any sub- contractor and or from

any liability any wise to any workman/employees of the contractor or sub-contractor

under any laws, rules or regulation having in force of law including but not limited to

claims against the owner under employee compensation Act, 1923. The Employee's

Provident Fund Act.l952, and/or the contract labour (Abolition and Regulation) Act,

The GSECL shall not be liable for or in respect of or in consequence of any accident

or injury to any workmen or other person in the employment of the contractor or his

sub-contractor, and the contractor shall indemnify and keep indemnified the GSECL

against all such damage and compensation and against all claims, demands

proceedings costs, charges and expenses whatsoever in respect of or in relation

The contractor shall at his own expense / risk and cost to comply with all the labour

laws as above-mentioned and keep the G.S.E.C.L. indemnified in respect thereof.

GSECL : shall be entitled /empowered to deduct directly from the bills, the amount to

be paid to engaged bonafide contract workers or the contract workers engaged by

Sub-contractor any sum or sums payable by main contractor / sub-contractor and

which sum/sums the Corporation is required to pay in capacity of Principal Employer

on account of the default of contractor in respect of all liabilities incurred out of

noncompliance regarding any provisions of Labour Laws and same amount shall be

recovered from the pending dues of the contractor with 15% administrative charges.

Any other rules and regulation, conditions, circulars etc., that are in force at present

and that may be famed by the G S E C L from time to time in connection with

contracts will be binding and acceptable to contractor.

The above are some of the major liabilities of the contractor in addition to other

liabilities prescribed under the various labour laws in force from time to time from

Statutory Authorities like State Government / Government of India, which the

contractor shall have to comply with.

The contractor shall provide the name of authorized representative, as provided to

other statutory Government authorities and will be notified to Engineer In-Charge

time to time.

14) Submission of Statutory documents to ensure the compliances:

The contractor shall upload statutory documents, work order-wise, under Labour

Laws and EPF in CLIMS / prevailing system at relevant time.

Required documents shall be uploaded by the contractor in existing portal /prevailing

system at relevant time invariably each month to Engineer In-Charge for onward

process and smooth clearance by HR Department.

List of documents required for gatepasses of contract workers through

clims / prevailing system

Sr No Description of documents attached

01 Copy of Work Order

02 Copy of P. F. Code No.

03 Insurance Policy as per subject of work order under the Workmen

Compensation Act,1923

04 Contract agreements/ subletting work contract documents with approval

05 Copy of Id proof of Aadhar card or Election voting card or driving license

or Passport only

EW- 270 PUR-F-006 RFQ-75883

06 Copy of Police Verification in respect of each contract workers

15. The contractor whose work order value is above Rs. 5 lacs shall have to submit

"Declaration cum Indemnity Bond" on Rs. 300/- Non-Judicial stamp paper in

prescribed Performa (Annexure- "B") with Agreement and Indemnity Bond before the

commencement of the contract.

Annexure- “B"

DECLARATION CUM INDEMNITY BOND

( On Rs.300/- Non Judicial Stamp Paper duly notarised)

THIS DECLARATION CUM INDEMNITY BOND made at…………………….(mention location) by

M/S……………………………. having its Reg. Office at

(hereinafter referred to as "Contractor" which expression shall unless it be repugnant to the

context or meaning thereof, be deemed to mean and include their respective assigns,

successors, executors, subcontractors and / or administrators) of the ONE PART in favour of

M/S Gujarat State Electricity Corporation Limited having its power Station at

.......................Therma1 Power Station (hereinaffer referred to as the "Company" ), which

expression shall unless it be repugnant to the context or meaning thereof be deemed to mean

and include its assigns, successors) of the OTHER PART.

WHEREAS the COMPANY has entered into a contract with the Contractor for the work of

under order No: …………………………………..dated…………………….”hereinafter called the

"Contract");

AND WHEREAS it is one of the essential conditions of the Contract that the Contractor shall

comply with all the provisions of the Labour & Industrial Laws, as may be applicable from time to

time for the discharge and completion of the works and completion of the Works and Services

covered under said Contract Labour (R & A) Act 1970, Child Labour (Prohibition and Regulation)

Act 1986, The Employees Provident Funds & Miscellaneous Provisions Act,1952, Employees State

Insurance Act 1948, Minimum Wages Act,1948, Payment of Bonus Act,l965,Payment of Wages

Acl,1936, Employees Compensation Act.1923, Factories Act,1948 and other Labour Laws, Rules,

Notifications and Codes which are at present applicable to the contractor and which may be

applicable during the tenure of the contract (hereinater referred as the 'Laws').

AND WHEREAS the Contractor has agreed to execute this Declaration cum Indemnity Bond to

this effect and has agreed to indemnify and Company, it's D ire c tors, Officers and employees

and representatives indemnified and hold harmless against all third party claims, charges

,penalties, fines, expenses ,losses, damages costs, suits or any other levy against the Company

and/or the management due to the failure of the Contractor to observe or follow all applicable

NOWTHIS DEED WITNESSETH AS UNDER

1. The Contractor hereby declares that all acts, deeds, actions, activities, conduct and lapse,

delays, misdeeds, faults, breaches, inactions etc done by his assigns, successors, executors,

subcontractor and / or administrators shall be construed to be have been done by the contractor

and he alone shall be liable for such acts, inactions etc.

EW- 270 PUR-F-006 RFQ-75883

2. In consideration of the Company awarding the Contract to the Contractor subject to the

condition of execution of this Declaration cum Indemnity bon{ the Contractor declares and

represents to the Company that the Contractor has obtained all Statutory registrations,

Certificates, licenses and approvals required under the Laws enabling the Contra ctor to execute

the Contract in a legal and lawful manner.

3. That in the event of any liability arising out of non-compliance of any 'Laws' of the land by the

Contractor in connection with the Performance of the contract the Contractor shall bear all the

resultant liability (ies) whatsoever, if any and that the company , its Directors, Officers and

employees, representatives, shall not be liable for any such liability(ies). The Contactor

undertakes to indemnify and keep the Company and its Directors, Officers and employees,

representatives indemnifies, defend and hold harmless, against all losses, costs, damages,

claims, penalties, interest, expenses, demands, fines, legal liability, causes of action, injury to

persons, suits etc., which may be suffered, incurred, undergone and / sustained by the Company

including the Costs and expenses that may be incurred in defending any such liability(ies)

claim(S), Proceeding ( S) etc. that maybe made or taken or taken or arise on the same by any

Person, body, authority, government, judicial / quasi - judicial authority due to the failure or non-

compliance of any such laws and rules there under (including any amendments in acts, laws,

statutes & rules there under) of whatsoever kind and nature arising out of or in any way

connected with, whether or not such acts or omissions are actual or alleged, active or passive

with regard to the discharge of the said Contract.

4. The Contractor further declares that in case of any suit / claim/ right / damages /

compensation / fine / levy / charges / expenses / losses / penalties / costs raised by the third

party, including contract labours engaged by the contractor, he shall join such proceedings in

such Suit/Court/Tribunal/Authority and effectively defend the same.

5. The Contractor hereby agree and undertakes to make good any loss, damage, claims, suits,

demands, decrees, expenses that the Company may suffer to the fullest satisfaction of the

Company and if the Contractor fails to make good the same then the Company shall have the

right to recover the same from and or any other loss sustained, without any restriction or

limitation, together with any

other incidental expenses, costs, and all incidental logistic expenses etc that may be suffered by

the Company from the Contractor and the Contractor hereby further confirms and declares that

this Declaration cum Indemnity Bond is irrevocable and shall be final and binding on him, his

heirs, executors, administrators, legal representatives, successors, subcontractors and assigns,

wherever the context applies. any claims, demands, shall be adjusted against any amount due

and payable to the Contractor and the Company shall have the right to withhold any amounts

due and payable to the

Contractor, till the settlement of such claims, disputes to the Contractor towards discharge of

such claims, obligations etc.

This Declaration cum indemnity bond shall be in accordance with the laws of India and any

dispute between the parties with regard to this Declaration cum Indemnity Bond shall be

resolved through the dispute resolution process mentioned in the General Conditions of the

Contract (GCC).

IN WITNESS WHEREOF, the said Contractor has hereunto set their hand the day and year first

hereinabove written.

SIGNED SEALED AND DELIVERED By the within named *CONTRACTOR"

(Authorised Signatory)

Rubber Stamp of Firm/Company

Full Name:

Designation:

EW- 270 PUR-F-006 RFQ-75883

In presence of Witness

Name & Address of Witness Signature

1. Full Name :

Residential Address:

Contact No. :

2. Full Name :

Residential Address:

Contact No. :

47. MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by

EIC at site. The Contractor shall make all necessary arrangements at site to

mobilize labour, operators, divers and materials and maintain necessary

number of machinery and equipment, barge, pontoons etc., to guarantee the

agreed rate of progress of work as per schedule.

b) A detailed work schedule showing how he proposes to carry out the work,

specifically mentioning time periods as well as date of commencement and

completion of each activity and such approved schedules must be strictly

adhered to by the CONTRACTOR. After the owner has agreed with the

schedule, the Contractor shall prepare detailed program of each work

front/activity breaking it down giving daily quantifiable/measure of progress.

The schedules are to be reviewed periodically with the OWNER / ENGINEER

to ensure that the completion date will be met or to institute corrective steps

(at no extra cost to the ENGINEER) to adhere to the completion dates. The

OWNER reserves the right to revise the schedule at his discretion in order to

keep up to the completion date and to suit the project requirement and such

alterations shall not entitle the CONTRACTOR to any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in

prescribed time limit mentioning date of commencement, activity to be

carried with its time period, starting & finishing event for each activity,

completion of total project in critical path etc, shall be jointly fixed and

approved by the GSECL. Such approved schedules must be strictly adhered

by the Contractor.

d) After the GSECL has agreed with the schedule, the Contractor shall prepare

detailed program of each work front / activity breaking it down to daily

quantifiable measure of progress. The schedules are to be reviewed

periodically with the Owner / E.I.C to ensure that the completion date will be

met or to institute corrective steps (at no extra cost to the GSECL) to adhere

to the completion dates. The Owner reserves the right to revise the schedule

at his discretion in order to keep up to the completion date and to suit the

project requirement and such alterations shall not entitle the Contractor to

any extra payment.

e) The GSECL reserves the right to delete any item of schedule-B for which

contractor shall not have any right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given

for lay out of work, which shall be maintained without disturbance by the

CONTRACTOR during the tenure of the contract. CONTRACTOR shall

establish local bench marks as directed by the ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the

written permission of the Chief Engineer (Gen.) GSECL, GANDHINAGAR

TPS or his authorized representatives.

h) During the execution of the work if it is found that the work is not

progressing as per the scheduled program approved by the GSECL & planned

by the contractor, due to the reasons attributable to the contractor, suitable

action shall be taken as per Clauses in this tender elsewhere & other relevant

clauses appearing in the section of “Terms & condition of tender & works

contract, Legal conditions of works contract” of tender document. And the

GSECL may also take such action as it may deem fit to ensure that the work

is completed in time at Risk and Cost of the contractor.

EW- 270 PUR-F-006 RFQ-75883

i) Contractor shall attend meetings at EIC's office at site or any other place as

fixed by the EIC, as and when required for review, discussion, coordination

etc. Attending these meetings shall be obligatory on the part of the

Contractor, at no cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no

damage is caused to the existing, pumps, existing works, service road, or any

other structure etc. For any damage to the existing structures of the GSECL,

the Contractor shall be held responsible and he will have to rectify the

damage immediately up to the satisfaction of Engineer in Charge, at his own

k) The work shall be completed within the period stipulated in the contract. &

site clearance arranged according to the progress of work at site. Therefore,

the contractor has to organize & coordinate the work to suit these

circumstantial conditions. In the event of any delay due to the above or due

to any other reason not attributable to the contractor, reasonable extension

in completing the work may be given at the discretion and as decided by the

GSECL but no compensation or idle charges will be payable to the contractor

on this account or any site conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any

circumstances. The corporation will not pay any type of advances including

mobilization advance

48. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of

GSECL or any public property due to negligence of contractor or any other

reasons attributed to contractor, the decision of E.I.C. regarding the amount

of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the

time frame given, the GSECL shall get the work done through any other

contractor at the risk and cost of the contractor and the cost of execution of

such work along with 15% overhead charges shall be deducted from

contractor’s monthly bill over and above recovery as per rules.

c) Recoveries due from the contractor, up to the end of the month previous to

the one in which the bill is prepared shall be made from bills approved for

payment every month or at other periods when the bills are prepared, for

the various items in the following order of priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if

any, to be made good.

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor’s behalf in

labour or materials in full.

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of

shortages found in balance or excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary

work in full or the installment due if and as the same as may have been

k) Rent recovery on account of allotting quarters on rent as per Corporation’s

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the

Corporation if any.

n) Other recoveries. (If any)

49. WORK TO BE EXECUTED TO THE SATISFACTION OF THE ENGINEER

-IN-CHARGE:

The contractor shall proceed with the work with diligence and expedition

and the whole of the work herein specified as well as the mode of

execution shall be under the supervision and direction and shall be

carried on to the entire satisfaction of the Engineer-in-charge, who shall

have full power to order the contractor to alter, enlarge or diminish the

form, dimensions, positions, or quantities of any of the work or to make use

of material and workman-ship of different descriptions and qualities from

this herein specified.

EW- 270 PUR-F-006 RFQ-75883

The whole of the works, together with any temporary works, associated

therewith, shall be carried on in the most substantial proper and mannered

workman like manner, with the best materials and workmanship and to

the entire satisfaction of the Engineer-in-charge and in such order of time

as he may direct. The contractor shall attend to and execute without delay

all orders and instruction which may from time to time be issued by the

Engineer-in-charge.

50. MATERIALS WORKMANSHIP etc.:

The work shall be executed in thoroughly substantial manner with material

and workmanship of best quality and strictly in accordance with the

specifications and with the drawings, or with such other drawings or written

instruction as may from time to time be furnished to the contractor, in

accordance with terms of this contract and shall be completed in every

respect with all materials and workmanship implied and necessary according

to the fair interpretation and meaning of the same and should there be any

discrepancy between the drawings and specifications or any difference or

disputes as to the dimensions to be worked to or the quality of the materials

to be used, or the mode of doing periodical quantity of the work to be

executed or with respect to any subject arising out of this contract, the

decision of the Engineer-in-charge shall be final and binding on all parties.

Rejected material shall be so disposed off as to obviate any possibility of their

use on works. The place, method and period of disposal shall be as directed

by the Engineer-in-charge.

51. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by

contractor to the Engineer-in-charge in good time before the use of such

material for inspection and permission of testing if required. The samples

shall be properly marked to show the name of the material, manufacture,

place of origin, and place where to be used etc. Failure of any sample to

pass specified tests will be sufficient cause for the refusal to consider any

further sample from the same source.

52. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise

specified, be responsible for the proper fencing, guarding, lighting and

taking of the necessary safety measures for all works comprised in the

contract and or the proper provision of temporary roadway, footways,

guards fences, caution notices etc. as far as the same may be rendered

necessary by reasons for the work for the accommodation and protection of

workman foot passenger or other traffic and of the owners and occupiers of

adjacent property and of the public and shall remain responsible for

any accidents that may occur on account of his failure to take proper

and timely precautions.

All the arrangements made for fencing, lighting and ventilation shall be

maintained by the contractor throughout the tendency of the contract

till physical taking over of the work by the department.

53. LIABILITY FOR DAMAGE TO WORKS OR PLANTS

 The contractor shall during, the progress of the work, properly cover up

and protect the work, and plant, and materials placed at his disposal or

acquired for him by the Corporation, from injury by exposure to the

weather, or any cause what so ever and shall take every reasonable proper

timely and useful precaution against accident or injury to the same from

any cause and shall be and remain answerable and liable for all accidents, or

injuries thereto which until the same be or be deemed to be, taken over by

the Corporation, may arise or be occasioned by the acts or omissions of the

contractor or his workmen of sub-contractors, and all losses and damages

to the works or such plant or material arising from such accidents or

injuries as aforesaid shall be made good in the most complete and substantial

manner by and at the sole cost of the contractor and to the reasonable

satisfaction of the Engineer-in-charge. If the contractor fails to make good

such losses & damages within the time given by the Engineer-in-charge, the

Corporation shall be at liberty to recover the amount fixed by the Engineer-in-

EW- 270 PUR-F-006 RFQ-75883

charge for such losses or damages or any part thereof by deducting it from any

sum due by the Corporation to the contractor under this contract or otherwise.

 Further the contractor shall, at all time, protect and preserve all materials,

plant and equipment that he may himself have procured for the execution of

the work. All reasonable requests of the Engineer-in-charge to enclose or

especially protect any of the above shall be expeditiously compiled with.

 If the Engineer-in-charge considers that the work or materials or plant is not

sufficiently protected by the contractor, he shall be entitled to arrange for

such protection at his unfettered discretion and recover the cost thereof from

the contractor.

 Until the work shall be or be deemed to be taken, over as aforesaid, the

contractor shall also be liable for and shall be deemed to have indemnified the

Corporation in respect of all damage or injury to any person or any property of

the Corporation or of others, occasioned by the negligence of the contractor or

his workmen, or his sub-contractor, or by defective design, work or

materials.

54.EXPLOSIVE PROCUREMENT AND STORAGE (IF APPLICABLE)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored

strictly in accordance with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper

magazines which are required for the storage of explosive and arrange for

proper storage facilities for oils, fuels etc. for use in connection with the work.

iii) The contractor shall at his own expense obtain such license or licenses as

may be necessary for strong and using explosives, oils, fuels etc. The

department shall not take any responsibility whatsoever in connection with the

storage or use of explosives on the site, or any accident or occurrence

whatsoever in connection therewith. All operation of the contractor in which or

for which Explosives are employed shall be at risk of contractor and upon his

own responsibility.

55. MATERIALS TOOLS AND PLANT BROUGHT ON THE SITE OF WORK

All materials, tools and tackle of the contractor brought to and delivered

upon the site for the purpose of the work shall from the time of their being

so brought shall be deemed to be the property of the Corporation in its

possession to be used for the purpose of the work and for that purpose only

and shall not on any account be removed or taken away by the contractor

or any other person without the written permission of the Engineer-in-charge

but the contractor shall nevertheless be solely liable and responsible for

and loss destruction thereof or damage thereto. The Corporation shall have

a lien on such materials, tools and tackle for any sum of sums which may at

any time prior to the completion of the works be due or owing to the

Corporation by the contractor, under in respect of and dispose of any such

materials, tools and tackle in such manner as the Corporation may think fit

and to apply the proceeding in or towards the satisfaction of such sum or

sums so due or owing as aforesaid but subject to such lien and power of

sale and disposal such surplus materials, tools and tackle shall belong to the

contractor and may be removed and disposed off by him as he may think fit.

56. ACCESS TO SITE AND WORK ON SITE

The Engineer-in-charge or his authorized representative may if he consider

fit from time to time enter upon any lands which may be in the

possession of the contractor under this contract, for the purpose of

executing any work not included in this contract and may execute such

work not included in this contract by agents, or by other contractors at his

option and the contractor shall in accordance with the requirements of

the Engineer-in-charge, afford all reasonable facilities for execution of the

works including occupation of lands by structure or otherwise for any

other contractor employed by the Corporation and his workmen or for the

workmen of the Corporation who may be employed in the execution on or

near the site of the work not included in the contractor’s any contract in

connection with or ancillary to the works and in default, the contractor shall

be liable to the Corporation for any delay or expense incurred by reason of

such default. Provided always that if the exercise of those power shall cause

EW- 270 PUR-F-006 RFQ-75883

any damage to the contractor he may within fifteen days of such damage

arising make a statement of the same to the Engineer-in-charge who shall

from time to time assess the value in his Judgment of such damage and the

Corporation shall from time to time shall pay to the contractor the amounts

(if any accepted as justified) by the Engineer-in-charge. The contractor shall

not however, on account of any such modified, new or extra work executed

by or for the same of the Corporation be entitled to claim relief from the

obligation to execute other works.

57. INSPECTION OF WORKS

The Engineer-in-charge or his duly authorized agent shall have at all time

full power to inspect the works, wherever in progress, either on the site, on

the contractor's premises or at the premises wherever situated, of any firm or

Corporation where work in connection with this contract may be in hand.

Further, the contractor shall not allow, without written authorization permit

entry on site of work, any person except authorized agents of the Corporation

of the Engineer-in-charge or the contractor's staff and labour directly

engaged on and in connection with the work.

The contractor shall, during working hours, maintain supervisors having

sufficient training and experience to supervise the various items and

operations of the work and the said supervisors shall remain present during

the inspections of the Engineer-in-charge. All orders and directions given to

such supervisors or other staff of the contractor shall be deemed to have

been given to contractor. Further the Engineer-in-charge may be due notice,

desire a higher ranking members of the supervisory staff of the contractor to

be present on any specified inspection and the contractor shall comply with

such direction.

58. CLEANING UP

 The contractor shall at all times keep the construction area and his power

house and storage areas free from accumulation of waste, or rejected

materials.

 Prior to the completion of the work the contractor shall remove all rubbish

from and about the premises, and all tools, scaffolding, equipment and

materials which are not part of permanent structure. The premise will be left in

a manner fully satisfactory to the Engineer-in-charge, thereafter only the

completion certificate will be issued.

59. CONTRACTOR TO KEEP INVENTORY OF MATERIALS etc.

The contractor shall prepare and maintain an inventory of all materials

temporary rolling stock, plant purchased or hired for use of employment or

for any of the purposed for this contract and such inventory or a copy thereof

shall at all times be available for inspection by the Engineer-in-charge. A

complete and up to date copy of the inventory shall be submitted to the

Engineer-in-charge in the beginning and once a year; thereafter changes in

the interim period, if any shall be communicated on every three months.

60. CONTRACTOR TO RESTORE PLANT

Upon completion of the work, the contractor shall deliver to the Corporation,

all appliances, materials, and plants which may have been loaned or hired

to him by the Corporation and make good all damages which may have

occurred to them, except such as shall be caused by fair wear and tear in

execution of the works.

61. PROGRESS SCHEDULE

i) The contractor shall furnish, within one week unless extended by the

Engineer of the order to start the work, a progress schedule in quadruplicate

indicating the date of start the weekly progress expected to be achieved and

the anticipated completion date of each major items of work to be done by

him, also indicating dates of procurement and setting up of materials, plant

and machinery. The schedule should be such as is practicable of achievement

towards completion of the whole work in the time limit and of the particular

items on due dates specified in the contract and shall have the approval of

the Engineer. Further, the dates for the progress as in this schedule shall be

kept up-to-date. In case it is subsequently found necessary to alter this

schedule, the contractor shall submit in good time a revised schedule

EW- 270 PUR-F-006 RFQ-75883

incorporating necessary modifications proposed and get the same approved

by the Engineer. No revised schedule shall be operative within such

acceptance in writing.

Detailed schedules for each week showing the progress proposed to achieve

shall be submitted to the Engineer and got approved. The Engineer is further

empowered to ask for more detailed schedule or schedules any week by week,

for any items or items, and the contractor shall supply the same as and when

asked for.

ii) The Engineer shall have, at all times the right without in any way vitiating

this contract, or forming grounds for any claim to alter the order of the works

or any part thereof and the contractor shall after receiving such direction

proceed in the order directed. The contractors shall also revise the progress

schedule accordingly and submit four copies of the revised schedule to the

Engineer within seven days of the Engineer's direction to alter the order of

iii)The contractor shall furnish sufficient plant equipment and labour and shall

work such hours and shifts as may be necessary to maintain the progress on

the work as per the approved progress schedule. The working and shift hours

shall comply with all GSECL's regulations in force and shall be such as may

be approved by the Engineer. They shall not be varied without the prior

approval of the Engineer.

iv)The contractor shall from time to time as may be required by the Engineer,

furnish the Engineer, with a statement in writing of the arrangement he

proposes to adopt for the execution of this contract and the Engineer may if

he considers, necessary at any time advise alteration in the same, which the

contractor shall adopt on notice thereof.

v) The progress schedules shall be in the form of progress charts, forms,

statement and/or reports as may be approved by the Engineer. Further, the

contractor shall submit four copies showing the progress of work in forms

and charts etc. at periodicals intervals as may be specified by the Engineer.

62. DATE OF COMPLETION

The contractor shall supply, erect, equip and construct the whole of the

works and hand over them to the Corporation on or before the date

specified in the tender document including "Special Conditions" and save as

herein provided, in no circumstances whatever shall extend or alter the

date for the completion of works. Provided always that if in the opinion of

the Engineer-in-charge the completion of the works shall be delayed by

any change of original design or by the order of the Engineer-in-charge, of

any altered, modified substituted or additional works or materials omitted or

by strikes, lock outs or stoppages of labour, or revolution, riots, civil or

political disturbance or by causes directly due to war or by the contractor

not being given possession of the site or any part there-of or by the

Corporation taking possession of and using the site or any part thereof or

the works or any part thereof, whether any nonperformance of work under

the powers herein contained or otherwise or by any nonperformance of

work or non-supply of materials to be performed or supplied by the

Corporation or by the contractor not receiving any orders, drawings,

instructions or directions in time or by the suspensions of the works or by

fire, flood exceptionally bad weather tempest, storm, or by from

unforeseen circumstances (and whether the same shall be due to any act

or omission of the Corporation or its agents or those in their respective

service or not) the Engineer-in-charge may, if in his unfettered discretion,

he thinks fit either forthwith or at any later time and from time to time

not withstanding that the prescribed or extended time for completion has

expired or that the work have been completed, by writing under his hand,

extend the time for the completion of the works to such date as he shall

appoint. Provided always that unless the contractor makes a written