Providing and applying liquid rubber waterproofing on RCC Roof slab in auxiliary buildings at GTPS

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- 269 PUR-F-006 RFQ-75871

 ACKNOWLEDGEMENT OF TENDER FEE

 TENDER NOTICE

EW- 269 PUR-F-006 RFQ-75871

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

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

e-mail: [email protected] ; Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

ACKNOWLEDGMENT

e- Tender for the

“Providing and applying liquid rubber waterproofing on RCC Roof slab in

auxiliary buildings at GTPS.”

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 GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 269 PUR-F-006 RFQ-75871

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

Ph. 91-79-23215663 Fax: 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 applying liquid rubber waterproofing on RCC Roof slab in

auxiliary buildings at GTPS.”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

“Providing 11 (Eleven) Rs. 2500+ Rs.

EW- and applying Months from 450 = Rs. 1,48,590 =00)

269 liquid rubber the date of 2950.00/- (One Lakh

waterproofing Rs. written (Two Forty Eight

Thousand Thousand

on RCC Roof ………………… order to

Nine Five Hundred

slab in /- commence hundred Ninety)

auxiliary the work. Fifty (Non

buildings at Refundable)

180 Days [From the opening

1 Validity of Tender

of 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

3 As per Tender Notice

and EMD only up to 15:00 Hrs Through RPAD or

Speed Post Only

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover

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

bid will be opened for Bidders who have submitted

Cover for Tender Fee and EMD)

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

possible) at 15.30 hrs. website www.nprocure.com

and also with e-mail sent by

above website

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 269 PUR-F-006 RFQ-75871

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 Law]

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.

10. Details of equipment, tools and plants immediately available with the tenderer for

use of this work.

11. Details of technical personnel.

12. Undertaking duly Notarized as per attached Declaration Form

13. 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 thereof.

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

containing the Tender Fee and EMD.

EW- 269 PUR-F-006 RFQ-75871

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 the,

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

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 (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 269 PUR-F-006 RFQ-75871

 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- 269 PUR-F-006 RFQ-75871

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

Non – Judicial Stamp Paper)

DECLARATION FORM

slab in auxiliary buildings at GTPS.”

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 be

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 tender.

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.

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.

EW- 269 PUR-F-006 RFQ-75871

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- 269 PUR-F-006 RFQ-75871

e- Tender for the work of “Providing and applying liquid rubber waterproofing on

RCC Roof slab in auxiliary buildings at GTPS.”

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- 269 PUR-F-006 RFQ-75871

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 & SW :-

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- 269 PUR-F-006 RFQ-75871

SCOPE OF WORK AND SITE CONDITIONS

A. CIVIL PORTION

The main scope of the work is “Providing and applying liquid rubber waterproofing

on RCC Roof slab in auxiliary buildings at GTPS.” Under the scope of this tender

the agency has to carry out the subject work 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 company.

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 site, Disposal of debris, excavated material etc,

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

 Removing of existing Bitumen waterproofing membrane including stacking

of serviceable materials and disposal of unserviceable materials with all lead and

lift per requirement and including tools & Tackles.

 Prepare the surface thoroughly by cleaning, washing and removing dust,

dirt, oil, grease and loose particles apply grinding on surface and open all crack

and joint should be filed with using Non shrink grout Dr Fixit pidigrout 10M.

Damaged or hollow portions, sharp edges, etc. must be cut and repaired if

 Providing and applying Dr Fixit roof seal ultra waterproofing on roof slab

and different junctions at roof slab. (a) Apply first coat of Dr Fixit prim seal on

surface with dilution of 1:0.5 with water by brush or roller (c) After apply first coat

apply second coat of Dr Fixit roof seal ultra UV stable membrane white coating on

roof slab with interval of 12 hour on entire surface properly by brush or roller (d)

Surface should be touch dry within 2 hour.

For & On behalf of GSECL

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR GSECL: GTPS

EW- 269 PUR-F-006 RFQ-75871

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 payment.

Documents required for Registration:

(1) PAN Copy

(2) GST Certificate Copy

(3) Email ID

(4) Full Name of Vendor

EW- 269 PUR-F-006 RFQ-75871

SPECIAL NOTE FOR PRE-QUALIFICATION

slab in auxiliary buildings at GTPS.”

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 works having satisfactory progress 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. 19,81,200.00/-

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

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

2. Similar work means Work of Civil construction with water proofing / Civil

maintenance works with water proofing / Roof treatment work /

waterproofing work for building or Structure / Industrial area water

proofing work.”.

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 DD.

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:

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

Rs. Rs. 14.85 Lakh during the preceding three (3) financial years as

one date of Techno-Commercial bid opening.

EW- 269 PUR-F-006 RFQ-75871

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.

5. 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 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.

EW- 269 PUR-F-006 RFQ-75871

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

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 (Gen)

GSECL: GTPS

SIGNATURE OF CONTRACTOR

EW- 269 PUR-F-006 RFQ-75871

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 final.

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.

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

EW- 269 PUR-F-006 RFQ-75871

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

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

EW- 269 PUR-F-006 RFQ-75871

be signed by the authorized person. The authority letter shall be accompanied with the

application.

2. SECURITY DEPOSIT

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

General condition of contract).

3. 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 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.

4. TIME LIMIT FOR WORK:

EW- 269 PUR-F-006 RFQ-75871

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.

5. 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.

6. 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.

7. 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 authenticity 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 TPIAs:

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

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

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

EW- 269 PUR-F-006 RFQ-75871

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 firm)

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 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,

EW- 269 PUR-F-006 RFQ-75871

8. 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.

9. 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.

10. 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 cost.

11. 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 bill.

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

13. 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.

14. 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 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

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 account.

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

EW- 269 PUR-F-006 RFQ-75871

to facilitate transportation of man power, machinery and equipment duly

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

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

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, 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.

EW- 269 PUR-F-006 RFQ-75871

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

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 7 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.

15. 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.

16. 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.

17. TOTAL RESPONSIBILITY

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

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

18. 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.

19. 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.

20. 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

EW- 269 PUR-F-006 RFQ-75871

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

will be recovered from agency.

21. 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 earlier.

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.

22. 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.

23. 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

 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

 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 Company,

 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.

24. 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

EW- 269 PUR-F-006 RFQ-75871

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

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 of the design or technical specifications of the contract that

is the subject of the Bid;

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

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SECTION-C:

 GENERAL CONDITIONS OF CONTRACT

EW- 269 PUR-F-006 RFQ-75871

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 contract.

(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

(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

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

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.

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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 removed.

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.

 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.

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 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: 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. Works More than

5 Lakh Rs. 5 Lakh

Enterprise or Exempted 3% of order value

Organization which are

exempted from paying

Tender Fee & EMD

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

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:

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

EW- 269 PUR-F-006 RFQ-75871

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 Engineer.

 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:

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

EW- 269 PUR-F-006 RFQ-75871

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, 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

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

EW- 269 PUR-F-006 RFQ-75871

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 limit.

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

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

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.

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 :

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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 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

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

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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 work.

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 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

EW- 269 PUR-F-006 RFQ-75871

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 by:

 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

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

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

EW- 269 PUR-F-006 RFQ-75871

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

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 person.

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

EW- 269 PUR-F-006 RFQ-75871

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

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

EW- 269 PUR-F-006 RFQ-75871

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%.

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 plus 15%.

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 39 above

41. ACTION WHERE NO SPECIFICATION

EW- 269 PUR-F-006 RFQ-75871

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 WORK

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

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

Terms and Conditions regarding Labour L a w s

During the entire period of the contract, the Contractor and his Sub-m 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)

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

EW- 269 PUR-F-006 RFQ-75871

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

1) The Factories Act,

The conhactor should not deploy worker below the age of 18 years and above 60 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. 19 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

EW- 269 PUR-F-006 RFQ-75871

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

%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

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 contract.

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

EW- 269 PUR-F-006 RFQ-75871

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

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 1979 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 area.

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

EW- 269 PUR-F-006 RFQ-75871

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 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 thereto.

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

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

EW- 269 PUR-F-006 RFQ-75871

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

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 laws.

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- 269 PUR-F-006 RFQ-75871

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

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

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- 269 PUR-F-006 RFQ-75871

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

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- 269 PUR-F-006 RFQ-75871

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 cost.

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 allowed.

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.

The whole of the works, together with any temporary works, associated

therewith, shall be carried on in the most substantial proper and mannered

EW- 269 PUR-F-006 RFQ-75871

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-

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-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.

EW- 269 PUR-F-006 RFQ-75871

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 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,

EW- 269 PUR-F-006 RFQ-75871

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

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 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.

EW- 269 PUR-F-006 RFQ-75871

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 works.

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 application to the Engineer-in-charge within one month of

the cause of delay and unless the time is extended by the Engineer-in-charge,

the prescribed time shall not be extended notwithstanding delays from the

aforesaid foregoing or any other causes of whatsoever kind.

63. SUBLETTING OF CONTRACT

There will be generally no objection on the component parts for the work, being

given over to responsible sub-contractors but Corporation shall under

no circumstances recognize these sub-contractors and the responsibility of

executing the work in the accordance with the conditions of contract will

entirely rest on the main contracts. The main contractors will therefore always

have the very responsible member, preferably a technical hand present on

the works with power to sign all work orders issued on the site of work and to

take requisite actions in the interest of very efficient execution of work.

EW- 269 PUR-F-006 RFQ-75871

However, the subletting of the contract can be made only with the prior

approval of the competent authority of the Corporation.

64. OTHERCONTRACTS FOR THE WORK SUSPENSION STOPPAGEOR

CURTAILMENTS OF WORK

If during the tendency of the contract the Engineer-in-charge shall for any

reasons (which shall be unquestioned) whatsoever require the whole or any

part of the work as specified in the contract to be suspended for any period

or shall not require the whole or any part of the work as specified in the

contract to be carried out at all 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, case, except as provided

hereunder, the contractor shall have no claim to any payment or

compensation whatsoever on account of any profit or advantage which he might

have derived from the execution of the work in full but which he did not so

derive in consequence of the full amount of the work not having being

carried out, or on account of any loss that he may be put to on account of

materials purchased or agreed 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 specifications,

drawings, designs and instruction 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 the aforesaid notice, the contractor shall be paid for such materials

at the rate determined by the Engineer-in-charge, provided they would have

been useful for the work curtailed or stopped are not in excess of

requirements, are of approved quality and cannot be used on other contract

works or otherwise by the contractor and/or shall be compensated for the loss

if any, that he may be put to, in respect of materials agreed to be purchased by

him, the amount of such compensation to be determined by the Engineer-in-

charge, whose decision shall be final.

The Engineer-in-charge may grant extension of time for the execution of any

item or items of work affected by such suspension of work. The decision for the

Engineer-in-charge, regarding the granting of extension and the period thereof

shall be final. The Engineer-in-charge may order the contractor to suspend any

work on account of bad weather; rain or storm and such other adverse climate

conditions and the contractor shall comply with the same.

The contractor shall not be entitled to an compensation for such suspension of

work, concrete lining at the junctions of the different works under different

contract shall be done with particular care regarding forms, construction

joints, interconnecting reinforcement etc. If any and the joint planning of

such work shall be with prior approval of the Engineer-in-charge.

65. OTHER CONTRACTORS

Apart from this work, the other works connected with the power house will be

simultaneous going on either departmentally or through agencies inside or

outside the power house. Each contractor or agency shall co-operate with

others to the fullest extent and shall allow to each other every facility and

co-ordination for execution of their works simultaneously and satisfactorily,

during their action of machinery or execution of any other co-ordination works

of the power house, the contractor will have to work only at places as

directed by the Engineer-in-charge. He will have some time to suspend his

work partially or totally in the interest of the work at large.

In such cases and at such time, he will be informed from time to time and

directed by the Engineer-in-charge where to work. He may also be required to

remove the scaffolding or to erect the scaffolding and shuttering in such a

manner as to be of little obstruction and inconvenience for erection of

machinery. In such cases he shall not be given any compensation on account

of reduction or stoppage or labour force or removal and reinstatement of

scaffolding shuttering etc. It will be seen that contractor is not put to

unnecessary inconvenience.