Dismantling & Shifting/Dragging of 220/66 kV 160MVA Transformer at 400kV Veluda S/s of Patan AM Division of Mehsana Circle

List of work completion certificate submitted with technical bid

Name of the authority by whom

Sr.. Name of work the work completion certificate Reference No. & Date

QUALIFYING REQUIREMENT

Sr. Qualifying Requirements

A. Technical Criteria:

1. The bidder shall have carried out Dismantling, Shifting & Transportation of minimum

nos. of 220KV or above class Transformer of having a minimum weight of 120 MT and

above including loading/unloading in last three years in any State Transmission Utility

(STU) / Central Transmission Utility (CTU) / Govt. organizations/ major industries.

2. The Bidder shall have valid Electrical Contractor License, registered under GST and

shall have PF Registration certificate.

B. Financial Criteria:

1. Minimum Average Annual Turnover (MAAT) for individual bidder shall not less than

Estimate Amount per year for best three years out of last five years.

2. Last quarter’s liquid asset should not be less than 20% of estimated amount of tender.

Note: For the purpose of arriving at LA, Current Assets less inventories shall be

3. Bidder’s Net Worth for last 3 financial years should be positive.

4. The bidder should not have been referred to NCLT under Insolvency &

Bankruptcy Code (IRP has been appointed or Liquidation proceedings have been

initiated under IBC).

Note: - The bidders must be attach submitted all above documents scanned

copy on n- procure.

Additional Documents requirement:

1. The Bidder shall include all valid data & information in bid showing that bidder is qualifying

the above financial and technical qualifying criteria.

2. Certified Xerox audited copy of the Balance sheet with profit and loss account of last five

3. GST Registration No. date/issuing authority.

4. Attested copy PAN card.

5. Attested copy of separate Provident fund (PF) code number towards firm registered with

Regional P.F Commissioner.

6. Registration certificate for establishment.

7. Attested copy of Details of Partners/Directors of the Firm/Company.

8. Certificate from respective department for satisfactory completion / performance.

9. Copy of work orders executed from GETCO/ GEB / Central / State Government /

Railway / Semi- Government / Public Sector Organization

The bidders must be attach submitted all above documents scanned copy on n- procure.

Note: Above technical criteria is for technical scrutiny after opening the technical bid. However,

the GETCO reserves the right to award the work to one or more bidders, considering their

technical and financial capacity OR to reject any or all tenders or accept any tender without

assigning any reason thereof.

Dismantling & Shifting/Dragging of 220/66 kV 160MVA Transformer at

400kV Veluda S/s of Patan AM Division of Mehsana Circle.

• Dismantling of 220/66kV, 160 MVA Transformer.

• Dragging of transformer.

1. GETCO shall furnish the cost of transformers including all accessories at the time of detailed

Work order and bidder has to take insurance coverage for the duration narrated in sub order.

The time period for insurance shall be time limit for completion plus one (1) month extra. The

cost of such insurance should be reimbursed to bidder by GETCO on production of policy and

money receipt of premium.

2. Additional premium for extension of insurance policy if required beyond the time limit shall be

on contractors account if delay is due to contractors or otherwise GETCO will reimburse

additional premium for extension of policy at actual against submission of original documentary

4. The bidder is sole responsible for settlement of claim.

5. In the event of any damage, theft, loss, pilferage, fire etc., contractor shall be responsible to

lodge, pursue and settle all the claims with the Insurance Company for all items, materials and

the GETCO shall be kept informed about it. You shall replace the lost / damaged materials /

items promptly irrespective of the settlement of the claims and ensure that the work progress

shall not effect. The loss, if any, such replacement will have to be borne by bidder and GETCO

will not entertain any claim / representation in this regard.

Detail Scope of work:

Above work requires on Priority, hence work should be commenced on finalization of

Tender. Bidder shall have to arrange man power / tools tackles for work execution,

vehicle for transportation etc. within 24 hours from date of issue of commencement

letter or intimation through e mail.

1. Dismantling of Transformer.

Following tests are to be carried out on transformer before dismantling in presence of

GETCO supervision.

The scope covers the dismantling of power transformer with all accessories,

disconnecting & removing cable terminations, cooler banks etc. and keeping power

transformer in such a condition that it can be easily loaded to adequate capacity trailer

for transportation from one place to other place. It is not possible to describe each and

every content in clarity; however, bidder is totally responsible for dismantling of

transformer and keeping the dismantled material in safe condition.

• Dismantling of Jumpers connected to HV / LV bushing of transformer during the

time bound outage in consultation with in charge GETCO officer and isolate the

power transformer from the live system of switch yard.

• Disconnecting the transformer body and neutral earthing, internal control cables

from control room or MK box, AC & DC supply cables etc.

• Drain of transformer oil of conservator tank & radiator. Oil should be stored in oil

drums. Empty oil drums shall be provided by the GETCO.

• Maximum allowable loss of transformer oil shall be 2 % of total oil as per name

plate detail during completion of entire project (i.e. Dismantling, transportation &

erection of transformer).

• Dismantling of HV bushing and proper packing as directed by EIC / OEM manual.

• Dismantling of conservator tank with support structure and along with various

valves, PRV, connecting pipes etc. and keeping them in safe custody with proper

damage free packing.

• Dismantling of cooler bank i.e. radiators.

• Dismantling of rollers, breathers etc.

• Collection of all drawings, OEM manuals, wiring diagram, routine / special test

results and past history etc. from engineer in charge.

 Dragging for main tank shall be paid as per actual distance in case of

scope of only Erection or Dismantling. The weight of main tank is to be

considered as under,

> Weight of main tank = Gross weight with oil as per name plate -10% of

oil weight- 20% of tank& accessories weight.

2. Transportation of transformer main tank with oil and accessories:

Scope of work for Dragging, Loading, Transportation, unloading from one place to

another place as per directive of Engineer in-charge are as under.

• Dragging of transformer: As per actual requirement as per site condition

• Loading of Transformer on adequate capacity of trailer.

• Transportation of Transformer from one place to another place.

• Unloading of transformer (As per actual requirement as per site condition)

 Dragging up to 15mtrs. Shall be considered for free of cost in case of

scope of transportation or transportation/ loading/ unloading/ erection/

testing & commissioning.

 Dragging beyond 15 Mtrs. for main tank shall be paid for actual weight as

per weigh bridge slip & actual distance.

Detail scope is as under

a) Contractor shall have to arrange for making approach, if required at his own cost without

damaging any of the GETCO / other property during the entire job at his own cost. The cost

of any damage shall be recovered from contractor’s bill.

b) Dragging of transformer main tank in substation, charges will be paid for main tank only per

conservator tank, Explosion vent pipes, HT Bushing & other accessories will have to be

transported by the contractor in vehicle / truck / trailer of adequate capacity.

c) Transformer main tank along with its accessories is to be transported up to destination

safely at contractor’s risk and cost. All necessary labours, tools, tackle etc. shall have to be

arranged by the contractor for dismantling, loading & unloading & dragging the said

transformer. Main tank should be unloaded at concerned site on plinth in regular posting

including fixing & locking of wheels.

d) The contractor shall be fully responsible for any shortages, breakages or damages to the

transformer / accessories that may occur during the time of erection, dismantling, dragging,

loading, transportation & unloading. The cost of any such shortages, breakages of damages

if any shall be recovered from the contractor, the assessment of which will be done by

Engineer in-Charge at his sole discretion and his decision shall be binding to the contractor.

Bidder is fully responsible for settlement of claim with insurance company at his own.

e) The contractor shall be responsible for any accident or damage to private public properties

etc. during loading unloading and transportation etc.

f) The GETCO shall not responsible for any accident injury etc. to the contractor’s labours or

equipments during the execution of the job.

g) The successful bidder has to indemnify the GETCO against any possible claim of

compensation for damage to his equipment or for injury to him or fatal/non fatal accident to

human life, his staff or any other person during execution of above job. If for any reasons the

GETCO is called upon to pay such claim/compensation, same will be recovered from bidder

h) The contractor or his authorized person duly approved by GETCO shall always be present at

the time of erection, dismantling, dragging, loading, transportation, unloading, testing and

commissioning of transformer.

i) If at any stage the contractor fails to carry out the job, the work will be get done at his risk &

cost by giving notice as per rules as the time is the essence of the contractor. Contractor will

not be entertained for any dispute in this regard.

j) The contractor shall have to make his own arrangement for PWD road permit, R.T.O.

permission or any other permission from local or other authority or movement of tractor /

Trailer in Gujarat state Government which may be required for transportation stated above. If

necessary the GETCO will extend all possible assistance to the contractor by way of

recommendation, letters for issue of such permission to the various authorities if required but

without any commitment and without prejudice to the other terms & conditions of tender.

k) All taxes, permits from RTO, toll tax and other taxes shall have to be paid by the successful

bidder without any burden to GETCO for transportation of transformers and accessories.

l) All expenditure towards railway traffic / power block & HV/LV/EHV line outages from other

utility, if required shall be borne by successful bidder for early completion of work. However,

GETCO will reimburse the charges for railway traffic / power block & HV/LV/EHV line

outages at actual on production of proof of original money receipt from concern department.

m) Wherever necessary reinforcement to the small bridge or culvert coming the way while

transporting shall have to be arranged by contractor at his cost.

n) The tenderer should quote his rate correctly taking in to consideration all points mentioned in

the Schedule- ‘B’ attached. The rates should be quoted without any condition and should be

in words and figures in legible hand.

o) Maximum allowable loss of transformer oil shall be 2 % of total oil as per name plate detail

during completion of entire project (i.e. Dismantling, transportation & erection of

p) The validity period shall be 2 (Two) years and can be extended for another one year if

required by mutual agreement between contractor & GETCO.

q) The entire work of dismantling, unloading, loading, dragging & erection of the transformer

shall have to be carried out mostly in surrounding live switch yard in the substation hence

skilled supervisor is to be engaged to avoid any electrical accident. GETCO is not

responsible for any electrical accident.

r) Transformer oil and accessories should be transported separately for which weigh bridge slip

shall be considered for payment.

s) Insurance for new or old transformer is to be taken by the GETCO for entire project including

dismantling, unloading, loading, dragging, erection, testing & commissioning and up to

charging of transformer.

1. The Contractor shall follow and comply with all GETCO Safety Rules, relevant

provisions of applicable laws pertaining to the safety of workmen, employees, plant and

equipment as may be prescribed from time to time without any demur, protest or contest

or reservations. In case of any discrepancy between statutory requirement and GETCO

Safety Rules referred above, the latter shall be binding on the Contractor unless the

statutory provisions are more stringent.

1. In case if any safety related fatal Elect. / Mech. accident occurred to any

employee of agency or outsider due to negligence or non-compliance of

GETCO safety norms then in addition to the compensation and liability as per

statutory requirement, contractor / agency shall be penalized as under:

Sr. No Amount of Contract in Rs. Penalty amount per person

Rs.5000/- plus GST as

Rs.25000/- plus GST as

2 Above1 Lac to  10 Lacs

Rs.100,000/- plus GST as

3 10 to  100 Lacs

4 > 100 Lacs 1.0 % plus GST as applicable

2. Reporting: -

1. The contractor shall inform concerned Ex. Engineer Cont./TR in writing within

24 hours of fatal/Non-fatal accident occurred to human being.

2. The GETCO investigating officer findings in to accident shall be final and

binding to the contractor /Agency.

3. Safety Requirement:

i) Kick off Meeting exclusively for safety shall be done in each contract in presence of

contractor’s site in charge and supervisor. Safety document shall be handed over

and vital safety norms and key points of safety related to project shall be explained

and recorded for commitment by erection contractor. Such records are mandatory

for clearing first erection bill.

ii) During site visit by GETCO official of Executive Engineer and above rank, the

following checks during execution of work shall be covered.

I. Safety equipment available and utilize.

(b)Safety belt.

(c) Safety shoes.

(d)Live line Voltage detector

II. Safety procedure adopted.

(a) Permit to work

(b) Earthing at the place of work.

(c) Adequate supervision.

III. T & P physical Check. (Healthiness and Quality)

(b) Wire rope and sling.

(c) Earthing rod

IV. If above-mentioned safety requirements found violated in any of the

above three conditions shall attract penalty of Rs.1000/- plus GST as

applicable per occasion. (Max.Rs.3000/--for violation of three

V. During subsequent visit, if violation is found, then double penalty plus

GST as applicable shall be deducted from the bill of the

Contractor/Agency.

4. The contractor will have to give indemnity bond & safety cum indemnity on stamp paper

of Rs. 300/- to GETCO against any possible claim of compensation for damage to

contractor’s equipment or staff or any of third parties during the execution of work.

WORK & SAFETY REGULATIONS

1. The contractor shall ensure proper safety of all the workmen, materials, equipment &

plant & belonging to him or to GETCO or to others, working at the site. The contractor

shall also be responsible for provision of all safety notices and safety equipment

required both by the relevant legislations and Engineer, as he may deem necessary.

2. Contractor has to provide ISI marked ELCB / MCB having sufficient capacity of standard

make at point of supply.

3. All equipment used in construction and erection by contractor shall meet

Indian/International Standards and where such standards do not exist, the contractor

shall ensure these to be absolutely safe. All equipment shall be strictly operated and

maintained by the contractor in accordance with manufacturer’s operation manual and

safety instructions and as per guidelines/ rules of GETCO in this regard.

4. Periodical examinations and all tests for all lifting/ hoisting equipment & tackles shall be

carried – out in accordance with the relevant provisions of Factories Act 1948, Indian

Electricity Act 1910 and associated Laws/Rules in force from time to time. A register of

such examinations and tests shall be properly maintained by the contractor and will be

promptly produces as and when desired by Engineer or by the person authorized.

5. The contractor shall provide suitable safety equipment of prescribed standard to all

employees and workmen according to the need.

6. The contractor shall provide safe working conditions to all workmen and employees at

the site including safe means of access, railings, stairs, ladders, scaffoldings etc. the

scaffoldings shall be erected under the control and supervision of an experienced and

competent person. The contractor only shall use good and standard quality of material.

7. The contractor shall not interfere or disturb electric fuses, wiring and other electrical

equipment belonging to the owner / other contractors under any circumstances,

whatsoever, unless expressly permitted in writing to handle such fuses, wiring or

electrical equipment.

8. Before the contractor connects any electrical appliances to any plug or socket belonging

to the other contractor or owner, he shall:

a. Satisfy the Engineer that the appliance is in good working condition;

b. Inform the Engineer of the max. current rating & voltage of the appliances;

c. Obtain permission of the Engineer detailing the sockets to which the appliances

may be connected.

9. The Engineer will not grant permission to connect until he is satisfied that;

a. The appliance is in good condition and is fitted with suitable plug

b. The appliance is fitted with a suitable cable having two earth conductors, ones of

which shall be an earthed metal sheath surrounding the cores.

10. No electric cable in use by the contractor/ Owner will be disturbed without prior

permission. No weight of any description will be imposed on any cable and no ladder or

similar equipment will rest against or attached to it.

11. No repair work shall be carried out on any live equipment. The equipment must be

declared safe by the Engineer and a permit to work shall be issued by the Engineer

before any repair work is carried out by the contractor. While working on electric lines/

equipment, whether live or dead, suitable type and sufficiently quantity of tools will have

to he provided by the contractor to electricians/ workmen/ officers.

12. In case any accident occurs during the construction/ erection or other associated

activities undertaken by the contractor thereby causing any minor or major fatal injury to

his employees due to any reason, whatsoever, it shall be the responsibility of the

contractor provide medical facility / treatment & to promptly inform the same to the

Engineer in prescribed form and to also to all the authorities envisaged under the

applicable laws.

13. The Engineer shall have the right at his sole discretion to stop the work, if in his opinion

the work is being carried out in such a way that it may cause accidents and endanger

the safety of the persons and/or property and/or equipment. In such cases, the

contractor shall be informed in writing about the nature of hazards and possible injury/

accident and he shall comply to remove shortcomings promptly. The contractor after

stopping the specific work can, if felt necessary, appeal against the order of stoppage of

work to the Engineer within 3 days of such stoppage of work and decision of the

Engineer in this respect shall be conclusive and binding on the contractor.

14. The contractor shall not be entitled for any damages/ compensation for stoppage of

work due to safety reasons and the period of such stoppage of work will not be taken as

an extension of time for completion of work and will not be the ground for waiver of levy

of liquidated damages.

15. it is mandatory for the contractor to observe during the execution of the works,

requirements of safety rules which would generally include but not limited to following;

a. Each employee shall be provided with initial indoctrination regarding safety by

the contractor, so as to enable him to conduct his work in a safe manner.

b. No employee shall be given a new assignment of work unfamiliar to him without

proper introduction as to the hazards incident thereto, both himself & his fellow

c. Employee must not leave naked fires unattended, smoking shall not be

permitted around fire prone areas and adequate fire fighting equipment shall be

provided at crucial location.

d. There shall be a suitable arrangement at every work site for rendering prompt

and sufficient first aid to the injured.

e. Requirements of ventilation in underwater working to licensed and experienced

divers, use of gumboots for working in slushy or in inundated conditions are

essential requirements to be fulfilled.

16. The contractor shall follow and comply with all GETCO safety Rules, relevant provisions

of applicable laws pertaining to the safety of workmen, employees, plant and equipment

as may be prescribed from time to time without any demur, protest or contest or

reservations. In case of any discrepancy between statutory requirement and GETCO

safety rules referred above the latter shall be binding on the contractor unless the

statutory provisions are more stringent.

a. Fatal injury or accident Causing death- Rs. 1,00,000/- per person plus GST as

These are applicable for death

b. Major injuries or accident causing injury to any Person 25% or more permanent

disablement to workmen or employees

- Rs. 20,000/- per person plus GST as applicable

Permanent disablement shall have same meaning as indicated in workmen’s

compensation Act. The compensation mentioned above shall be in addition to the

compensation payable to the workmen/ employees under the relevant provisions of the

laws as applicable from time to time. In case the owner is made to pay such

compensation then the contractor is liable to reimburse the owner such amount in

addition to the compensation indicated above.

OUR ENDEVOUR - Safety a habit

To create environment where Business Confidence is built through Best Business Practices

and is fostered in an atmosphere of trust and respect between providers of goods and services

and their users for the ultimate benefit of society of the nation, safety guidelines are agreed

upon by the agency as under.

Safety is our prime concern and zero accident is our goal. In order to prevent the accident,

while execution of works in indoor and outdoor systems of GETCO, the following guideline and

preventive measures are identified.

Indoor safety precaution Outdoor safety precaution

The method of work required T&P and Man power The method of work required T&P and Man

should be discussed between GETCO supervisor, power should be discussed between GETCO

contractor’s supervisor and gang leaders. supervisor, contractor’s supervisor and gang

Prior to execution of work a joint survey Must be Prior to execution of work a joint survey must be

conducted by GETCO supervisor and contractor’s conducted by GETCO supervisor, contractor’s

supervisor for risk assessment. supervisor and DISCOM lineman in order to

• Clearly identify the work location, to identify the following:

distinguish between the equipment that a. HT/LT line or tap line crossing under

is dead and other equipment/part that Each span of line of the work.

may be live. b. Isolation point of each line

• Disconnect equipment from supply. crossing.

• Protect against other live c. Each line crossing & isolation point under

parts. each span must be discussed and noted

• Take special precautions when close to in maintenance register with sketch.

bare conductors/ Bus bar.

Following safety guidelines are mandatory Contractor’s supervisor and GETCO

For all contractors operating in GETCO premises for Supervisor must ensure all isolations physically

Electrical, non-electrical & civil works. with adequate earthing technically prior to give

1. The contractors must provide

clearance to gang leader for taking up job.

advance planning of work to

concerned in-charge of substation in

writing. While execution of stringing work, the identified

2. Before starting any work whether line crossing must be isolated /de-energized and

switchyard, “permit to allow to work” written clearance should be obtained from

must be taken from control room in- concerned DISCOM supervisor.

3. Utilizing Electrical / non-electrical The isolation of Tap line must be physically seen

equipments, safety rules must be and verified by Contractor and GETCO

implemented. supervisor.

4. If the work is to be carried out on

Sunday or public holiday, the At D.O. fuse junction contractor’s person should

necessary permission must be taken be posted to ensure that no person restore D.O.

in advance, requesting in writing. supply while work is under execution

5. Unwanted person including children of

labours will not be allowed at working

Contractor’s supervisor must ensure that

site/ in the switchyard and in the

concern officer take LCP for EHV line and power

prohibited area.

6. Any electrical work or electrical

connections to equipment for any

other work must be carried out by

electrician/wiremen with adequate size of

wire through MCB as per I.E. Rule.

- Live penal area / bus bar must be isolated

and sealed / bifurcated with red colour tape

for visible warning.

- Display Board must hang on LCP panel.

- Transformer must be switched off

whenever and wherever contractor and line workers

are not satisfied with isolation, earthing or any

equipment performance of GETCO, it will be pointed

out and work shall begin only after resolution.

Contractor shall not take up job in absence of

GETCO authorized person. All wire temporary

connection & material whenever erection activity has

any connection and disconnection work of bus bar,

All workers / labour of contractor & supervisors must All workers / labour of contractor & supervisors

use personal protective equipment (PPE) during the must use personal protective equipment (PPE)

work like gloves, safety belt, Safety shoes, Helmet, during the work like gloves, safety belt, Safety

earthing rods, etc., duly approved by GETCO. shoes, Helmet, earthing rods, Live line detector

etc., duly approved by GETCO.

The local earthing must be done at the place of The local earthing must be done at the place of

work before execution of any work. work before execution of any work.

11kVbreakerinpanel must be switched off and Circuit breaker opening is not an isolation and

racked out only after ensuring no voltage in breaker isolator on either side must be opened. No work

and without door opening. during rains and cloudy weather condition.

Transmission line activities.

1) Used of Voltage detector to ensure outage.

2) Earthing at three point, local, left & right

side of bus bar / string bus.

3) Match line colour code with colour of

Local earthing of electrical equipments like filter

M/c, welding machine, testing kits etc. is must.

Crane shall only be used for material handling

and erection. Working platform shall only be

used for work in switchyard.

GENERAL COMMERCIAL CONDITIONS

The Gujarat Energy Transmission Corporation Ltd., MEHSANA hereinafter called ‘GETCO’/

‘OWNER’ intends to receive bids for “Dismantling & Shifting/Dragging of 220/66 kV 160MVA

Transformer at 400kV Veluda S/s of Patan AM Division of Mehsana Circle.” Detailed in the

accompanying specifications in accordance with Terms and Conditions herein. The bids shall

be prepared and furnished as per these instructions.

1. The validity of tender is 120 days (AS PER PARTICULAR TENDER

REQUIREMENT) from the date of opening of technical bid

2. Earnest Money Deposit:

A. Bidders are requested to pay an earnest money deposit (1% of labour) by

Online-payment (NEFT/RTGS) for the amount as specified in the tender

notice of on any Nationalized Bank payable at MEHSANA for the amount as

specified in the tender notice. Payment of EMD in any other form shall not be

B. Tenders no accompanied by EMD shall be rejected.

C. If during the tender validity period, i.e. 120 days, the tenderer withdraws his

tender, the EMD shall be forfeited and the tenderer may be disqualified from

tendering for future works of GETCO.

D. The EMD will be returned promptly to the unsuccessful tenderer. The EMD

will be returned to the successful tenderer after he furnishes the Security

Deposit for performance and duly enters into the contract. If he fails to

furnish the SD or to execute the contract for the work offered to him, his

EMD shall be forfeited and the tenderer may be disqualified from tendering

for further works for GETCO.

3. All commercial terms and conditions except rates shall be indicated in the

technical & commercial bid only.

4. The tenderers shall specifically note that the Tenders are invited on percentage

5. The tenderers will ensure submission of the Tenders duly filled in before the due

6. Security deposit: -

The contractor will have to pay the Security Deposit at 5% of the order value by demand

draft / in the name of ‘GUJARAT ENERGY TRANSMISSION CORPORATION LTD/

PAYABLE AT MEHSANA, A/c. name of bidder’ upon placement of the LOI within

days. Alternatively, you may pay the entire S.D. in the form of B.G. in case S.D value is

more than Rs. one lakh as per approved format of the GETCO issued by

Nationalized/Scheduled Bank. The security deposit will be refunded only after the

completion of work or finalization of final bill whichever is later.

(A) Guarantees issued by following banks will be accepted as SD/EMD on permanent

All Nationalized Banks.

(B) Guarantees issued by following Banks will be accepted as SD /EMD for the period up

to March, 2024 Or the issuance of new Government Resolution on the same subject

whichever is earlier. The validity cut – off date in GR is with respect to date of issue of

Bank Guarantee is irrespective of date of termination of Bank Guarantee.

No. Bank Name No. Bank Name

1 Axis Bank 17 Kotak Mahindra Bank

2 A U Small Finance Bank 18 South Indian Bank

3 Bandhan Bank 19 Standard Charted Bank

4 BNP Paribas 20 Tamilnadu Mercantile Bank

5 City Union Bank 21 Utkarsh Small finance Bank

Kalupur Commercial Co-operative Bank

Ahmedabad Mercantile Co. Operative

7 DBS Bank India Limited

8 DCB Bank 24 Nutan Nagrik Sahakari Bank Limited

9 Equitas Small Finance Bank 25 Rajkot Nagrik Sahkari Bank Limited

10 Federal bank 26 Saraswat Co-operative Bank

12 HSBC Bank 28 The Gujarat State Co-operative Bank

The Mehsana Urban Co-operative Bank

14 IndusInd Bank 30 The Surat District Co-operative Bank

15 Karnataka Bank 31 The Surat Peoples Co-operative Bank

16 Karur Vysya Bank 32 Saurashtra Gramin Bank

7. Contract Period: -

The time allowed for completion the work is 1(One) Month from the date of the

commencement of the work, failing which the penalty ½% per week or part thereof plus

GST as applicable on delayed portion of work and / or supply value subject to ceiling of

10% of the total contract value will be imposed.

The work should be completed within 30 Days after commenced/ Instruction from

this office & also confirmed immediately within 72 hours from the date of receipt of

instructions from office by telephone/fax/e-mail for which sub-order will be issued

by post and should be completed within thereafter.

8. The time limit for the work may be reduced and contractor should make all his efforts to

complete the work within stipulated time limit as may be given by the Engineer in charge

depending upon emergency of work, GETCO reserves the right to reduce the time limit

without giving any notice.

9. WELFARE CESS: -

1. As per the Welfare Cess Act, the welfare cess @ 1% is applicable on supply and

erection items for supply, erection, testing & commissioning of substation,

transmission lines, EPC/Turnkey projects, and civil works.

2. Contractor shall get registered under Welfare Cess Act before commencement of

work in required head as per nature of work. Office of the Factory Inspector is

authorized at present as a registering authority.

3. GETCO shall pay the welfare cess by way of reimbursing to contractors on

production of documentary evidence of payment. Registration charges will not be

4. The contracts for which supply or part supply of material are in the scope of GETCO,

then contractors shall deposit welfare cess on estimated cost of supplied items to

GETCO on progressive basis of utilization. As this part of welfare cess is on GETCO

account, the same shall be reimbursed to the contractor on receipt of request letter

along with documentary evidence of payment. For calculation of welfare cess on

supply part, valuation as per MR shall be taken and informed to the contractor for

payment. This will be over and above the A/T value. The modality of payment/

reimbursement of welfare cess will be as under.

5. On receipt of A/T, the contractor / bidder will get them registered under Welfare

Cess Act and submit the documentary evidence to the concern office. Copy of

Registration certificate shall be submitted before submission of 1st RA bill

6. Before release of payment of first R.A.Bill, the contractor has to submit the

documentary evidence of registration. Only thereafter, the bill will be processed for

7. Before release of payment of subsequent R.A. Bills, the contractor has to submit the

documentary evidence of payment of welfare cess of previous R.A. Bills.

8. The welfare cess shall be reimbursed to the contractor on submission of copy of

documentary evidence of payment by observing due formalities.

10. GST Registration on GETCO’s web portal:

The Bidder should have to take registration under the “GOODS AND SERVICE

TAX (GST)”. Bidder has to register online in given link before bidding. Link for the

same is www.getcogujarat.com/gst/ The certified Xerox copy of such registration

shall have to be submitted along with the bid by the bidder.

On forfeiture of EMD, SD or guarantee under the terms and condition of this tender,

applicable GST will also be recovered from the bidder/ contractor and GETCO

reserves all rights of such recovery of such forfeited amount along with GST

“Supplier contractor should charge GST in Invoice at the rate as agreed to / mentioned in

acceptance of tender only and any deviation in the same shall not be accepted. Further, any

additional liability of GST (later on due to wrong mentioning of GST rate, mis-interpretation of

HSN/SAC Code etc.) over and above as charged in the invoice shall be borne by the supplier

/Contractor. However, any refund received by the supplier / contractor on account of GST

Charged from the company; such refund shall have to be passed on to the company, along with

interest needs to be passed on suo-moto by the supplier contractor.

Further the Company has a right to recover the amount of GST along with penal interest at the

of 15% per annum if GST charged is not paid /short paid to the government or fail to upload the

details or uploads inaccurate particular on GSTIN portal by the Supplier /Contractor within the

stipulated time limit.

In case, GOVT. revise the rate of GST rate /code during the tenure of the contract the provision

of statutory variation clause shall apply.”

Final bill shall be passed & paid & SD shall be released only if contractor has duly discharged its

GST liability related to the contract and submit C.A. certificate and under taking.

12. STATUTORY VARIATION:

Any statutory increase or decrease in the taxes and duties including GST and Cess as

applicable or in the event of introduction of new tax/cess or cessation of existing

tax/cess subsequent to suppliers offer, if it takes place within the original contractual

delivery date will be to GETCO’s account subject to the claim being supported by

documentary evidence. However, if any decrease takes place after the contractual

delivery date, the advantage will have to be passed on to GETCO.

Statutory Variation clause will not be applicable in case of Supplier /Contractor has

opted for Composition Scheme under GST.

13. The contractor will have to give indemnity bond on Non-Judicial Stamp paper of value

Rs. 300/-to GETCO for material as per attached format. The cost of stamp paper will be

borne by the contractor.

14. Also the successful bidder will have to execute Agreement on stamp paper of value

Rs.300/- at our Circle office MEHSANA before commencement of works as per

GETCO’s prescribed Performa. The cost of stamp paper will be borne by the contractor.

15. The contractor will have to give safety cum indemnity on Non-Judicial Stamp paper of

value Rs. 300/- to GETCO against any possible claim of compensation for damage to

contractor’s staff or any of third party during the execution of work. The cost of stamp

paper will be borne by the contractor.

16. Also the successful bidder will have to execute Agreement on stamp paper of value

Rs.300/- at our Transmission Circle, GETCO, MEHSANA before commencement of

works as per GETCO’s prescribed Performa. The cost of stamp paper will be borne by

the contractor.

17. Guarantee: - It is the responsibility of the contractor to handover the complete work free

of all defects. If within a period of work satisfactory completion from the date of handing

over the work it is noticed that any defects occur due to bad workmanship, it is the duty

of the contractor to rectify / replace the same at his own cost. If within seven days from

the date of receipt of such notice, the contractor does not take up the work, same will be

carried out at his risk and cost.

18. 10% amount of bill will be retained from each RA bill for the work executed after the

scheduled date of completion and on finalization of time limit extension by competent

authority; this amount will be released after deducting amount towards the time limit

penalty if any.

19. As regard damage the materials, equipment and worker of the contractor, he himself will

be responsible. If there is any compensation to be paid in respect of “WORKMAN”

compensation act of any other statutory provisions, the same will have to be paid by the

contractor direct. If he thinks fit he may take necessary insurance cover, at his cost.

20. The quantum of the work as mentioned in estimate/ schedule – ‘B’ is tentative and it can

be varied or differed as per site condition. The payment shall be made only on actual

work executed or order quantity, whichever is less.

21. The tenderer will be abided by and fulfill all the terms and provisions of the “Tender &

Contract” for works as applicable and incase of any default there to the GETCO shall

forfeit the S.D. or any other action as may be decided by Superintending Engineer,

GETCO, MEHSANA.

22. The cost of damages, if any will be recovered from the Contractor’s bill. The assessment

of which will be done by field Engineer at his sole discretion and his decision shall be

binding to the contractor and shall be considered as final and unchallengeable.

24. GETCO shall deduct the Income-Tax and other taxes as per prevailing rules from each

and every bill.

25. No part rate or reduced rate shall be allowed in final bill.

26. The contractor has to follow all labour laws, safety rules and regulations. The GETCO

does not take any responsibility in case of accident or injury to the workers. The safety/

security of men, materials and equipments shall be sole responsibility of the contractor.

27. The compliances of all Central/ State Govt. rules, safety and insurance rules etc. and that

of local body, is a must condition for the agency.

28. The Gujarat Energy Transmission Corporation Limited does not bind itself to accept the

lowest or any tender. GETCO reserves the right to reject any or all tender without signing

any reasons whatsoever.

29. The erection work should be commenced immediately from the date of receipt of

instructions from office and should be completed within thereafter.

30. The tender includes all minor accessories and items of work which are not have been

specifically mentioned in the specification schedule etc. but are essential for completion

of work. The contractor will not be eligible for any extra payment in respect of such minor

accessories and items of work.

31. Tenderer will be qualified only who have submitted all the required documents as

mentioned in tender notice.

32. No higher rate or revised rate will be applicable for the work, if work is held up/ closed

due to whatever so reasons.

33. GETCO will not pay any idle charge for any site conditions or any circumstances.

34. In case of any dispute/ doubt, the decision of Superintending Engineer (TR), GETCO,

MEHSANA. shall be unchallengeable, final and binding to the contractor.

35. The contractor has to remain in close day to day contact with Engineer in charge of work

i.e.DE S/s /Line concern who will issue detailed instruction for the commencement of the

36. Contractor will abide by and fulfill all the terms and conditions and general terms and

condition of the contract for works available in the office.

37. All other general terms and conditions as prevailing in the GETCO shall be applicable to

38. The contractor will have to complete entire job as per directive and instruction of

Engineer in charge. If he fails to do so entire work will be carried out at contractor’s risk

39. The tender shall be issued to only the experienced contractor who has completed such

job of similar nature and magnitude satisfactorily in time. However, filling of on line

tender, does not qualifies the tenderer to offer the bid.

40. Tender offer without payment of EMD required certificate, documents, list of tools,

tackles, equipments etc. required for execution of job will be out rightly rejected without

assigning any reason thereof and decision of Superintending Engineer (TR), GETCO,

MEHSANA will be final and unchallengeable.

41. The Contractor will be governed by The GETCO’s general conditions of works contract.

The Booklet will be available in the concerned office in any working days. In the event of

placing order, the contractor will have to sign this booklet along with other document and

agreement. All the usual terms and conditions of the GETCO, through the same might

have not been mentioned in this specification or contractor booklet will applicable to this

contract, and the decision of the Superintending Engineer shall be binding on the

42. After completion of the work, all the surplus materials issued by the GETCO shall be

returned by you to the respective center of the GETCO as per instruction of Engineer in

charge at your cost.

43. Specification in any items mentioned in tender are subject to change without any prior

notice and binding to the contractor.

44. If the work is required to be carried out during fix outage then the contractor has to

deploy adequate man power, material, tools etc. well in advance and has to complete the

entire work during this specific outage period only, failing to which GETCO shall be at

liberally to deduct the amount of revenue loss due to prolong outage.

45. If required by GETCO you shall have to provide free to and fro traveling facility to our

Junior Engineer or Technical staff for the work.

46. The contractor shall not refuse to execute the work order at any time and it will be his

sole responsibility to execute and complete this work as per the instruction of Engineer in

47. For shortages of any materials issued by the GETCO for the work, recovery shall be

made from you, on the basis of prices of the materials (prevailing on the date of

settlement of materials account) plus 15% supervision charges.

48. No subcontractor, Power of Attorney shall be allowed without prior approval of competent

49. All the materials issued by GETCO shall be transported to the work site on same day and

to be preserved in safe custody failing to which GETCO shall initiate legal action if

required. Similarly, as per instruction of Engineer in charge, you have to credit the

material at GETCO store without any loss of time failing to which GETCO shall initiate

legal action if required.

50. No tools, tackles, manpower, crane facilities etc. will be provided by the GETCO.

51. The contractor has to submit the list of tools, tackles, equipments with him along with his

tender offer. The tender without this list and other required documents (as mentioned

above herein the tender) should be rejected out rightly.

52. The bidder shall specifically note that GETCO will not pay any extra amount towards any

type of claim except for the description indicated in Schedule – ‘B’. The party has to carry

out all other/ additional required activities/ works as directed by Engineer in charge which

is not mentioned in Schedule but required to be completed as per site condition and for

this work no extra payment shall be made by GETCO.

a) The interpretation of specifications doubts etc.: - In case of any doubts about

what is mentioned in specification or schedule or elsewhere, the tenderer should

get all doubts cleared from the Department in writing and in advance of filling in

the Tender. In case of difference of opinion about interpretation of specification

etc the decision of Superintending Engineer, Transmission Circle, GETCO,

MEHSANA will be final and shall be binding to the contractor.

54. Billing and Payment Terms

(a) The contractor shall have to submit the RA bill of order to the concerned

Executive Engineer of concerned division for payment.

(b) If net payable amount is more than Rs 10.0 Lacs, payment will be released from

circle office/corporate office.

(c) The payment will be released within 60 days. However, in case of any delay due

to any eventuality no interest charges shall be paid.

(d) All the bills in accordance with the above clauses must be submitted with the

following information:

1) Item wise work done during billing period.

2) Item wise cumulative work done.

3) Account for material consumed and balance stock.

4) For non-submission or part submission of above information, an additional

5% amount of the respective RA bill shall be withheld and shall only be

released at the time of final bill.

(e) Any outstanding recoveries of GETCO for any other than this transaction or

anywhere done in GETCO can be recovered from this contractor’s/ supplier’s

payment which is authentically approved by competent authority.

55. PROTECTION OF PROPERTY AND CONTRACTOR’S LIABILITY

The Contractor shall be responsible for any damage resulting from his operations. He

shall also be responsible for protection of all persons including members of public and

employees of the Owner and the employees of other Contractors and Sub-Contractors

and all public and private property.

56. Quantities given in the Schedule of erection in price Bid are to be executed by

the contractor at the rates accepted by the Board in the A/T. In case of any

deviation in tower quantity / type of tower / length of line, excavation / concreting

resulting into an increase in which event the field officer shall obtain prior

approval of the Head Office and excess quantity shall be paid only at the

accepted rate of the A / T. No any Excess work / amount to be executed without

prior approval of competent authority.

57. The erection work beyond contractual ceiling amount shall be done only after

approval from the GETCO authority.

58. CONTRACTOR’S SITE ESTABLISHMENT

The Contractor shall at all times keep posted an authorized representative for the

purpose of the Contract. Any written order or instruction of the Engineer or his duly

authorized representative shall be communicated to the said authorized resident

representative of the Contractor and the representative shall be available at a stated

address for this purpose.

59. CO-OPERATION WITH OTHER CONTRACTORS

Contractor shall co-operate with all other Contractors or tradesmen of the Owner,

who may be performing other works on behalf of the Owner and the workmen

who may be employed by the Owner and doing work in the vicinity of the Works

under the Contract. The Contractor shall also so arrange to perform his work as

to minimize, to the maximum extent possible, interference with the work of other

Contractors and their workmen. Any injury or damage that may be sustained by

the employees of the other Contractors and the Owner, due to the Contractor’s

work shall promptly be made good at the Contractor’s own expense.

60. PROTECTION OF WORK

The Contractor shall have total responsibility for protecting his works till it is finally taken

over by the Engineer. No claim will be entertained by the Owner or by the Engineer for

any damage or loss to the Contractor’s works and the Contractor shall be responsible

for complete restoration of the damaged works to original conditions to comply with the

specification and drawings.

SPECIAL COMMERCIAL CONDITION FOR TENDERER

1. TAKING DELIVARY AND INSURANCE: -

1.1 The contractor has materials in safe custody and transport to the respective sites

and will be responsible for any damages to or loss of all materials at any stage

during transportation or erection or taking over of the line by GETCO.

1.2 The Contractor has to open site store and ensure for safe custody of all the

stored materials at his own cost.

1.3 The Contractor shall have total responsibility for the entire materials stored

loose, semi assembled and/or erected by him at site in his custody. The

Contractor shall make suitable security arrangements is at own cost to ensure

the protection of all materials, equipments and works from theft, fire pilferage

and any other damages and loss, it shall be the responsibility of the contractor to

arrange for security till the works are finally taken over by the Corporation.

2 STORAGE-CUM-ERECTION-INSURANCE: -

2.1 The contractor shall take suitable storage-cum-erection insurance cover at his cost to the

extent of 100% cost of sub-station/line materials, which are required to complete the sub-

station /line. Bidder shall have to take the comprehensive Marine cum Erection (MCE)

insurance policy against any loss, damage, theft, pilferage, fire etc. for the complete period

of storage, fire etc. for the complete period of storage, erection and commissioning up to

the time of taking cover of the sub-station/line by GETCO. The contractor shall deal directly

and pursue the claim with the Insurance Company and shall be responsible in regard to

maintenance of all insurance coverage as well as for settlement of claim. The proof of

insurance policy taken by the successful contractor shall be furnished/submitted to

Engineer-in-charge of GETCO.

No material shall be issued to bidder/erection agency in absence of such insurance

policy. The risk shall be covered for lifting of materials from store to final handing

over to GETCO. Further in absence of the above insurance policy, R.A. bill payment

will be withheld.

2.2 In the event of any damage, theft, loss, pilferage, fire etc, Contractor will be

responsible to lodge, pursue and settle all the claims with the insurance company

for all items, materials and the corporation shall be kept informed about it.

Contractor shall replace the lost/damaged materials/items promptly irrespective of

the settlement of the claims by underwriter and ensure that the work progress is as

per agreed schedule. The loss, if any, such replacement will have to be borne by

the contractor and GETCO will not entertain any claim/representation in this regard.

However, it will be contractor’s responsibility to insure the entire project till the line /

sub-station or any other project / works is taken over by the GETCO.

3.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be

pertinent to the Works and obligatory in terms of law to protect his interest and interests

of the Owner against all perils detailed herein. The form and the limit of such insurance

as defined herein together with the under-writer in each case shall be acceptable to the

Owner. However, irrespective of such acceptance, the responsibility to maintain

adequate insurance coverage at all time during the period of Contract shall be of

Contractor alone. The Contractor’s failure in this regard shall not relieve him of any of

his contractual responsibilities and obligations. The insurance covers to be taken by the

Contractor shall be in the joint name of the Owner and the Contractor. The Contractor

shall, however, be authorized to deal directly with Insurance Company or Companies

and shall be responsible in regard to maintenance of all insurance covers. Further the

insurance should be in freely convertible currency.

3.2 Any loss or damage to the material during handling, transportation, storage, erection,

and all activities to be performed till the successful completion of commissioning of the

line shall be to the account of the Contractor. The Contractor shall be responsible for

preference of all claims and make good the damages or loss by way of repairs and/or

replacement of the equipment, damaged or lost. The transfer of title shall not in any

way relieve the Contractor of the above responsibilities during the period of Contract.

The Contractor shall provide the Owner with copy of all insurance policies and

documents taken out by him in pursuance of the Contract. Such copies of documents

shall be submitted to the Owner immediately after such insurance coverage. The

Contractor shall also inform the Owner in writing at least sixty (60) days in advance

regarding the expiry/cancellation and/or change in any of such documents and ensure

revalidation, renewal etc., as may be necessary well in time.

3.3 The perils required to be covered under the insurance shall include, but not be limited to

fire and allied risks, miscellaneous accidents (erection risks) workman compensation

risks, loss or damage in transit, theft, pilferage, riot and strikes and malicious damages,

civil commotion, weather conditions, accidents of all kinds, etc. The scope of such

insurance shall be adequate to cover the replacement/reinstatement cost of the

equipment for all risks up to and including delivery of goods and other costs till the

equipment is delivered at Site. The insurance policies to be taken should be on

replacement value basis and/or incorporating escalation clause. Notwithstanding the

extent of insurance cover and the amount of claim available from the underwriters, the

Contractor shall be liable to make good the full replacement/rectification value of all

equipment/materials and to ensure their availability as per project requirements.

3.4 Workmen’s Compensation Insurance

This insurance shall protect the Contractor against all claims applicable under the

Workmen’s Compensation Act, 1948 (Government of India). This policy shall also cover

the Contractor against claims for injury, disability, disease or death of his or his Sub-

Contractor’s employee, which for any reason are not covered under the Workmen’s

Compensation Act, 1948. The liabilities shall not be less than:

Workmen’s Compensation: As per statutory Provisions

Employee’s liability: As per statutory Provisions

3.5 Comprehensive General Liability Insurance

The insurance shall protect the Contractor against all claims arising from injuries,

disabilities, disease or death of members of public or damage to property of others, due

to any act of omission on the part of the Contractor, his agents, his employees, his

representatives and Sub-Contractors or from riots, strikes and civil commotion.

3.6 The hazards to be covered will pertain to all the works and areas where the Contractor,

his agents and his employees have to perform work pursuant to the Contract.

3.7 The above are only illustrative list of insurance covers normally required and it will be the

responsibility of the Contractors to maintain all necessary insurance coverage to the

extent both in time and amount to take care of all his liabilities either direct or indirect, in

pursuance of the Contract.

4.0 PENALTY FOR DELAY: -

1. The bidder should note that the completion time allowed for carrying out the work should

be strictly observed. Any delay that may take place in supply and erection beyond

contractual cutoff date stated as per stipulated delivery period shall be subject to the

penalty ½% per week or part thereof as applicable on delayed portion of work and / or

supply value subject to ceiling of 10% of the total contract value as applicable will be

2. In event of failure of the Contractor to pay the amount of Penalty as demanded,

the Owner shall be entitled to deduct the amount of Penalty for delay from the

amounts payable to the Contractors under any bills raised under this contract or

any other contract with the GUVNL and its Subsidiary Companies It is

permissible for the Owner to adjust the amount of Penalty of delay against any

Bank Guarantee furnished by the Contractor under this contract or any other

contract with GUVNL and/or its subsidiary companies.

3. If it is found that the work is unsatisfactory or not progressing as per the program

/ BARCHART / Target period, any action taken by the GETCO, as may be

deemed fit, to see that work is completed as required by the GETCO, would be

at the risk and cost of the contractor.

4. Any delay causing extension of outages shall be contractor’s responsibility and

appropriate amount (in term of Rupees) as decided by Ex. Engineer (AM) of

Concern Division shall be recovered from Contractor’s bill as a penalty.

Taxes and Duties:

3.5.1 As regards the income Tax, surcharge on income tax and any other corporate tax,

Excluding GST and excluding welfare cess at prevailing rate the owner shall not bear any

tax liability whatsoever. The bidder shall be liable and responsible for payment of such taxes as

attracted under the provisions of the law.

3.5.2 Notwithstanding the tax liabilities as per the sub-clause14.1 above the owner shall have

the right to make deduction at source from the amounts payable to the contractor in

respect of Income Tax (on the cost of items of supply included in the works contract) as

may be mandatory in terms of the law. The owner shall not bear any liability in this regard

but shall issue necessary certificate in respect of such deduction made.

3.5.3 In case any tax or duty is newly introduced by the Government applicable for this

contract with effect from the next day of the date submission of the bid and if the

contractor is required to pay additional tax or duty, then the owner shall reimburse the

contractor the additional tax or duty so paid by the contractor against submission by

contractor of documentary evidence to the satisfaction of the owner. This provision will

not be applicable to transaction between the contractor and his sub-contractors. Besides

the said statutory variation, no other statutory variation shall be payable by the owner.

3.5.4 The owner’s liability for all taxes and duties under the contract shall be limited to those

indicated by the Bidder in the Sign & Seal of Contractor Page 8 Bid Proposal Sheets,

subject to the statutory variations and variations as per Clause No. 14.3. If the cost to

the Contractor during the performance of the ‘Contract’ shall be increased or reduced by

reasons of the making, passing or promulgation of any law after the date of submission of

bid or by any order, regulation or bye-law having the force of law the amount of such

increase or reduction shall be added to or deducted from the “Contract Price” as the case

may be for direct transactions between contactor & owner, and not for bought out items.

It is the Bidders responsibility to furnish details of taxes, duties, levies etc. applicable as on

the date of submission of the bid.

3.5.5 No claim for any increase towards the statutory variation regarding enhancement

of existing tax or duty or introduction of a new tax or duty applicable shall be

entertained by the Owner during the extended period of contract, if any, provided the

extension of the contract is required by causes attributable to the contractor.

35.6 The provision of statutory variation regarding enhancement of existing tax or duty or

introduction of a new tax or duty will be applicable only to the direct transaction between the

contractor and the owner.

3.5.7 Before quoting, the bidder may ascertain from the concerned tax authorities of

Government of Gujarat the applicability of Work Contract Tax. Entry Tax, GST etc. in

respect of this work and include the same in the quoted price. No separate claim in

this regard will be entertained by the Owner, as it is the responsibility of the Bidder to

pay all these taxes.

In case, GOVT. revise the rate of GST rate /code during the tenure of the contract the provision

of statutory variation clause shall apply.”

"RIGHTS OF THE OWNER:

Whenever any claim or claims for payment of a sum of money arises out of or under

the contract against the Contractor, the Owner shall be entitled to withhold and also

have a lien to retain such sum or sums in whole or in port from the security, If any,

deposited by the Contractor and for the purpose aforesaid, the Owner shall be entitled

to encash and withhold the amount of Performance Bank Guarantee or other security,

if any, furnished as the case may be. The Owner shall also have a lien over the same

pending finalization or adjudication of any such claim. In the event Of the security is

insufficient to cover the claimed amount or amounts, the Owner shall be entitled to

withhold and have lien to retain to the extent of the such claimed amount or amounts

referred to above, from any sum or sums found payable or which at any time

thereafter may become payable to the Contractor under the same contract or any

other contract with the Owner or GUVNL or its subsidiary companies pending

finalization or adjudication of any such claim.

TERMS & CONDITIONS REGARDING INDUSTRIALLAWS AND OTHER RELATED

1) Wages to be paid at time of payment etc. by the contractor.

a. The contractor shall pay minimum prevailing rates per day or as may be

specified hereafter or rates fixed under the minimum wages Act. Whichever is

higher. The wages or very contract labour employed by him under this contact

shall be paid by him before the expiry of 7th day of the month in respective of

which the wages are payable (i.e. wages of a month have to be paid by him in

the first week of the next month). The payment shall be disbursed in the

presence of management representative during the working hours in factory

premises and the contractor shall get the entries certified in the register of wages

by the representative of the GETCO. Any default will result in cancellation of

contract forthwith or also the contractor shall be paid punishable to the extent of

Rs.100/- fine per each day.

b. The contractor shall give his telephone number and address to the GETCO so

that in case of labour troubles etc. the contractor can be contacted. The

contractor shall arrange to have his office outside the factory premises and the

contractor shall keep himself present throughout the working hours.

9. Person below the age of 18 years shall not be employed for the work.

10. No. female worker shall be employed in the night shift between 7 p.m. to 6 a.m.

11. Contractor shall maintain a valid labor license under the contract labour (Regulation and

Abolition) Act for employing necessary manpower to be required by him. In the absence

of such license the contract shall be liable to be terminated without assigning any

reason thereof.

12. The contractor shall at his own expenses comply with all labour laws and keep the

GETCO indemnified in respective thereof. Some of the major liabilities under various

labour and industrial laws which the contractor shall comply with areas under :-

(i) Payment of contribution by way of employer’s contribution towards provident fund,

family pension scheme, Deposit linked insurance scheme, Administrative charge

etc. at the rates make applicable from time to time by Government of

Gujarat/Government of India or other statutory authority.

(ii) Payment of deposit in respect of each contract labour at the rate as per admissible

with the office of commissioner of Labour as per the contract Labour (Regulation

and abolition Act.).

(iii) License fee as prescribed under the contract labour (Regulation and abolition Act)

and rules framed there under depending upon the number of workmen employed by

the contractor.

(iv) Paid leave facility and wages as per the provision of the factories Act at the rate of

one day for every 20 days of working.

(v) Identify cards as prescribed under the factories Act with photo at fixe there to the

same identification. Liabilities as per industrial Disputes Act any payment to the

contractor’s employees arising out of any claim or disputes under the industrial

Disputes Act, 1947 or any other labour laws.

(vi) Payment of compensation in case accidental inury.

(vii) Maternity leave as per the provisions of the maternity Benefit Act. 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.

3) Provident fund & Family pension Scheme: -

The contractor shall submit along with his bill (month wise) a statement regarding

deduction against employee’s provident fund and family pension scheme in

respective of each concerned employee, provident fund and family pension scheme

at the rate at admissible (or at the rate made applicable by the Government from time

to time) of the wages. The contractor’s contribution and his workers contribution

towards provident fund and family pension scheme shall be deposited by the

contractor with concern regional Provident Fund Commissioner office.

4) Deposit Linked Insurance Scheme: -

The contractor shall have to deposit ½ % of the wage in respect of employees who is

a member of the Provident Fund as the contribution to the deposit.

Linked insurance Scheme with concern Regional Provident Fund Commissioner

(5) Administrative Charges: -

Administrative charges for maintaining provident fund A/C shall be deposited by the

contractor with concern Regional Provident Fund Commissioner office at the rates

(6) Paid Leave Facility: -

Paid leave facility at the rate of one day for every twenty days worked by the contract

labour shall be provided by the contractor to his workers. He shall maintain leave

Records/leave cards for individual laborer which shall be duly verified and

approved/certified by the authorized officer of the GETCO.

(7) Workmen’s compensation fund & Employer’s Liability Insurance: -

The contractor shall cover all his employees under workmen’s compensation fund

and under the liability insurance. Insurance shall be affected for the entire

contractor’s employee engaged in the performance of this contract. If any of the work

is subject the contractor shall require the sub-contractor to provide workmen’s

compensation and employer’s liability insurance for the latter’s employees unless

such employees are covered under the contractor’s insurance.

(8) The contractor shall employ adequate number of experienced staff at site for dial

supervision and for maintenance of various register and records required under the

law and contract No. payment for supervision shall be admissible.

(9) Contractor to Identify the GETCO: -

The contractor shall indemnify the GETCO and every member officer and employees

of the GETCO also, engineering in charge and his staff against all actions,

proceeding, claims demands, costs and expenses which may be made against the

GETCO or Government for or in respective of performance of his obligation under the

contract documents. The GETCO shall not liable for or in respective of or in

consequence of any accident or injury to any workman or other person in the

employment of the contractor or his sub-contractor and the contractor shall indemnify

and keep indemnified the GETCO against all such damage and compensation and

against all claims, demands, proceedings costs, charges and expenses whatever in

respective thereof in relation thereto.

(10) The GETCO reserves the right to terminate this rate contract at any time during its

tendency without giving notice of termination or any reasons thereof.

(11) The GETCO will be entitled to deduct directly from the bills, to be paid to the

contractor any sum or payable by you and which sum/sums the GETCO is required

to pay as principal employer on account of your default in respect of all liabilities

referred to in above clauses.

GENERAL TECHNICAL CONDITION: _

1. The erection work should be carried out according to the specification and as per

instructions and programmed laid out by the Engineer in-charge of the work.

2. The contractor should employee as Supervisor with sufficient qualification and

experience who can supervise the execution of work throughout. He should always be

present on the site.

3. Cutting, bending, welding, brazing, wherever necessary is to be done by the contractor.

4. The contractor has to carry out all the works in accordance with revised and latest

provision under I.E. Rules Act made there under and as per instruction of Engineer in

5. Contractor has to co-ordinate E.I.C. for planning of outage and work schedule thereof, so

as to complete all the planned work in outage. Contractor has to deploy adequate

manpower accordingly.

6. In addition to the general of the construction particular, attention shall be paid to the final

finish and every effort shall be made to have the entire work contented with standard of

workmanship by the contractor.

7. Electricity Rules: -All the works shall be carried out in accordance with latest rules

under Electricity Act.

8. Testing: - Complete installation shall be put to the necessary test as required and shall

be got approved by Government Electrical Inspector.

9. CONTRACTOR’S MATERIALS BROUGHT TO SITE

a) The Contractor shall bring to Site all materials, including construction equipment,

tools and tackles for the purpose of the works under intimation to the Engineer. All

such goods shall, from the time of their being brought vest in the Owner, but may be

used for the purpose of the works only and shall not on any account be removed or

taken away by the Contractor without the written permission of the Engineer. The

Contractor shall nevertheless be solely liable and responsible for any loss or

destruction thereof and damage thereto.

b) After the completion of the Works, the Contractor shall remove from the Site under

the direction of the Engineer the materials such as construction equipment, erection

tools and tackles, scaffolding etc. with the written permission of the Engineer.

10. FIELD OFFICE RECORDS

The Contractor shall maintain up to date copies of all drawings, specifications and other

Contract Documents and any other supplementary data complete with all the latest

revisions thereto. The Contractor shall also maintain in addition the continuous record

of all changes to the above Contract Documents, drawings, specifications, and

supplementary data, etc. effected at the field and on completion of his total assignment

under the Contract shall incorporate all such changes on the drawings and other

Engineering data to indicate as installed conditions of the equipment furnished and

erected under the Contract. Such drawings and Engineering data shall be submitted to

the Engineer in required number of copies.

11. Contractor shall purchase all brought out items as per Schedule-B with taking prior

approval from Executive Engineer, GETCO of Concern Division. Any item without

approval shall not be permitted and GETCO shall not be responsible for accept such

12. DISCIPLINE OF WORKMEN

The Contractor shall adhere to the disciplinary procedure set by the Engineer in respect

of his employees and workmen at Site. The Engineer shall be at liberty to object to the

presence of any representative or employee of the Contractor at the Site, if in the opinion

of the Engineer such employee has misconduct himself or is incompetent or negligent or

otherwise undesirable and then the Contractor shall remove such a person objected to

and provide in his place a competent replacement.

13. CONTRACTOR’S FIELD OPERATION

1 The Contractor shall keep the Engineer informed in advance regarding his field

activity plans and schedules for carrying-out each part of the works. Any

review of such plan or schedule or method of work by the Engineer shall not

relieve the Contractor of any of his responsibilities towards the field activities.

Such reviews shall also not be considered as an assumption of any risk or

liability by the Engineer or the Owner or any of his representatives and no claim

of the Contractor will be entertained because of the failure or inefficiency of any

such plan or schedule or method of work reviewed. The Contractor shall be

solely responsible for the safety, adequacy and efficiency of plant and

equipment and his erection methods.

2 The Contractor shall have the complete responsibility for the conditions of the

Work-site including the safety of all persons employed by him or his Sub–

Contractor and all the properties under his custody during the performance of

the work. This requirement shall apply continuously till the completion of the

Contract and shall not be limited to normal working hours.

14. PROGRESS REPORT

The Contractor shall furnish three (3) copies each to the Engineer of progress

including if any, photographs of the work done at Site. The monthly progress

report detailing-out the progress achieved on all erection activities shall highlight

comparison to the schedules. The report shall also indicate the reasons for the

variance between the scheduled and actual progress and the action proposed

for corrective measures, wherever necessary.

15. MAN-POWER REPORT

The Contractor shall submit to the Engineer, on the first day of every month, a

man hours schedule for the month, detailing the man hours scheduled for the

month, skill-wise and area-wise.

16. Contract Quality assurance:

The Bidder shall include in his proposal the Quality Assurance Program containing the

overall quality management and procedures which he proposes to follow in the

performance of the Works during various phases. At the time of Award of Contract, the

detailed Quality Assurance Program to be followed for the execution of the Contract will

be mutually discussed and agreed and such agreed Programme shall form a part

of the Contract.

GENERAL CONDITIONS OF CONTRACT

A. INTRODUCTION

1.0 DEFINITION OF TERMS

1.1 The ‘Contract’ means the agreement entered into between the Owner and the

Contractor as per the Contract Agreement signed by the parties, including all

attachments and appendices thereto and all documents incorporated by reference

1.2 ‘Owner’ shall mean the Gujarat Energy Transmission Corporation Ltd, Vadodara or any

of its group companies i.e GUVNL, GSECL, MGVCL, DGVCL, PGVCL, UGVCL and

shall include its legal representatives, successors and assigns.

1.3 ‘Contractor’ shall mean the Bidder whose bid is accepted by the Owner for the award of

the Works and shall include such successful Bidder’s legal representatives, successors

and permitted assigns.

1.4 ‘Engineer’ shall mean the officer appointed in writing by the Owner to act as Engineer

from time to time for the purpose of the Contract.

1.5 The terms ‘Stores’ and ‘Materials’ shall mean and include equipment, stores and

materials to be issued to the Contractor under the Contract.

1.6 ‘Works’ shall mean and include taking delivery of line materials labour and services, as

per the Specifications and complete erection, testing and putting into satisfactory

operation including all transportation, handling, unloading and storage at the Site as

defined in the Contract.

1.7 ‘Specifications’ shall mean the Specifications and Bidding Document forming a part of

the Contract and such other schedules and drawings as may be mutually agreed upon.

1.8 Site’ shall mean and include the land and other places on, into or through which the

works and the related facilities are to be erected or installed and any adjacent land,

paths, street or reservoir which may be allocated or used by the Owner or Contractor in

the performance of the Contract.

1.9 The term ‘Contract Price’ shall mean the lump-sum price quoted by the Contractor in his

bid with additions and/or deletions as may be agreed and incorporated in the Letter of

Award and the contract agreement for the entire scope of the works.

1.10 The term “Erection portion” of the contract price shall mean the value of field activities of

the works including erection, testing, and putting into satisfactory operation including

successful completion of performance and guarantee test to be performed at site by the

contractor including cost of insurances.

1.11 Site Engineer ‘Inspector’ shall mean the owner’s Engineers or any person nominated by

the time to inspect the equipment; stores or Works under the Contract and/or the duly

authorized representative of the Owner.

1.12 ‘Notice of Award of Contract’/’Letter of Award’/’Telex of Award’ shall mean the official

notice issued by the Owner notifying the Contractor that his bid has been accepted.

1.13 ‘Order’ shall mean the official letter issued by the Owner informing the acceptance of the

1.14 Date of Contract’ shall mean the date on which letter of commencement of work issued

by the respective sub division deputy engineer.

1.15 ‘Month’ shall mean the calendar month. ‘Day’ or ‘Days’ unless herein otherwise

expressly defined shall mean calendar day or days of 24 hours each.

A ‘Week’ shall mean continuous period of seven (7) days.

1.16 Writing’ shall include any manuscript, type written or printed statement, under or over

signature and/or seal as the case may be.

1.17 When the words ‘Approved’, ‘Subject to Approval’, ‘Satisfactory’, ‘Equal to’, ‘Proper’,

‘Requested’, ‘As Directed’, ‘Where Directed’, ‘When Directed’, ‘Determined by’,

‘Accepted’, ‘Permitted’, or words and phrases of like importance are used the approval,

judgment, direction etc. is understood to be a function of the Owner/Engineer.

1.18 Test on completion shall mean such tests as prescribed in the Contract to be performed

by the Contractor before the work is taken over by the Owner.

1.19 ‘Performance and Guarantee Tests’, shall mean all operational checks and tests

required to determine and demonstrate capacity, efficiency, and operating

characteristics as specified in the Contract Documents.

1.20 The term ‘Final Acceptance’/‘Taking Over’ shall mean the Owner’s written acceptance of

the Works performed under the Contract, after successful commissioning/completion of

Performance and Guarantee Tests, as specified in the accompanying Technical

Specifications or otherwise agreed in the Contract.

1.21 ‘Latent Defects’ shall mean such defects caused by faulty designs, material or work-

man- ship which cannot be detected during inspection, testing etc, based on the

technology available for carrying out such tests.

1.22 ‘Codes’ shall mean the following including the latest amendments and/or replacements,

a) Indian Electricity Act, 1905 and Rules and Regulations made there under.

b) Electricity Act 2003 and Rules & Regulations made there under.

c) Indian Factory Act, 1948 and Rules and Regulations made there under.

d) Indian Explosives Act, 1884 and Rules and Regulations made there under.

e) Indian Petroleum Act, 1934 and Rules and Regulations made there under.

f) A.S.M.E. Test Codes.

g) A.I.E.E. Test Codes.

h) American Society of Materials Testing Codes.

i) Standards of the Indian Standards Institution.

j) Other Internationally approved standards and/or rules and regulations touching the

subject matter of the Contract.

1.23 Words imparting the singular only shall also include the plural and vice –versa where the

context so requires.

1.24 Words imparting ‘Person’ shall include firms, companies, corporations and associations

or bodies of individuals, whether incorporated or not.

1.25 Terms and expressions not herein defined shall have the same meaning as are

assigned to them in the Indian Sale of Goods Act (1930), failing that in the Indian

Contract Act (1872) and failing that in the General Clauses Act (1897) including

amendments thereof, if any.

1.26 In addition to the above the following definitions shall also apply.

a) ‘All equipment and materials’ to be supplied shall also mean ‘Goods’.

b) ‘Constructed’ shall also mean ‘erected and installed’.

c) ‘Contract Performance Guarantee’ shall also mean ‘Contract Performance

2.0 APPLICATION

These General Conditions shall apply to the extent that they are not superseded by

provisions in other parts of the Contract.

The works carried out under this Contract shall conform to the all statutory regulation

and provisions the acts, mentioned in the Technical Specifications, and, when no

regulations or standard is mentioned, to the authoritative regulations or standards/ Act,

appropriate to the works and such stipulations shall be the latest issued by the

concerned institution.

4.0 LANGUAGE AND MEASURES

All documents pertaining to the Contract including specifications, schedules, notices,

correspondences, operating and maintenance instructions, drawings or any other writing

shall be written in English language. The Metric System of measurement shall be used

exclusively in the Contract.

5.0 CONTRACT DOCUMENTS

5.1 The term Contract Documents shall mean and include the following which shall be

deemed to form an integral part of the Contract:

a) Invitation to Bid including letter forwarding the Bidding Documents, Instructions to

Bidders, General Terms and Conditions of Contract and all other documents

included under Volume- I and the Special Conditions of Contract.

b) Specifications of the erection of the equipments and other technical services to be

provided under the Contract as brought out in the accompanying Technical

Specifications.

c) Contractor’s Bid Proposal and the documents attached there to including the

letters of clarifications thereto between the Contractor and the Owner prior to the

Award of Contract except to the extent of repugnancy.

d) All the materials, literature, data and information of any sort given by the

Contractor along with his bid, subject to the approval of the Owner /Consultant.

e) Letter of Award and any agreed variations of the conditions of the documents and

special terms and conditions of Contract, if any.

5.2 In the event of any conflict between the above mentioned documents the matter shall be

referred to the Engineer whose decision shall be considered as final and binding upon

6.0 USE OF CONTRACT DOCUMENTS AND INFORMATION

6.1 The Contractor shall not, without the Owner’s prior written consent, disclose the

Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample or

information furnished by or on behalf of the Owner in connection therewith, to any

person other than a person employed by the Contractor in the performance of the

Contract. Disclosure to any such employed person shall be made in confidence and

shall extend only so far as may be necessary for the purpose of such performance.

6.2 The Contractor shall not, without the Owner’s prior written consent, make use of any

document or information enumerated in various Contract documents except for the

purpose of performing the Contract.

6.3 The Contractor shall not communicate or us in advertising, publicity, sales releases or in

any other medium, photographs or other reproduction of the Works under this Contract,

or descriptions of the site, dimensions, quantity, quality or other information, concerning

the works unless prior written permission has been obtained from the Owner.

6.4 Any document, other than the Contract itself, enumerated in various Contract

documents shall remain the property of the Owner and shall be returned (in all copies)

to the Owner on completion of the Contractor’s performance under the Contract if so

required by the Owner.

7.0 CONSTRUCTION OF THE CONTRACT

7.1 Notwithstanding anything stated elsewhere in the bid documents, the Contract to be

entered into will be treated as a single Contract.

Award shall be placed on the successful Bidder as follows:

For providing services like inland transportation, insurance for delivery at site, unloading,

storage, handling at site, installation, testing and commissioning including performance

testing in respect of all the equipment material equipment/materials given by the owner

after observing standard store procedures for transport from owner’s stores, insurance,

unloading storage handling at site installation testing & commissioning.

7.2 In case erection Contract, or where the Owner hands over his equipment to the

Contractor for executing, then the Contractor shall at the time of taking delivery of the

equipment/dispatch documents be required to execute an Indemnity Bond in favor of the

Owner in the form acceptable to the SE(TR) GETCO MEHSANA for keeping the

equipment in safe custody and to utilize the same exclusively for the purpose of the said

Contract. Samples of Performa for the Indemnity Bond will be furnished during award of

7.3 The Contract shall in all respects be construed and governed according to Indian Laws.

7.4 It is clearly understood that the total consideration for the Contract(s) has been broken

up into various components only for the convenience of payment under the Contract(s)

and for the measurement of deviations or modifications under the Contract(s).

8.0 JURISDICTION OF CONTRACT

8.1 The laws applicable to the Contract shall be the laws in force in India. The Courts of

Vadodara shall have exclusive jurisdiction in all matters arising under this Contract.

9.0 EXECUTION OF CONTRACT:

9.1 The Owner, after the issue of the Letter of Award to the Contractor, will send one copy

of the final agreement to the Contractor for his scrutiny and approval.

9.2 The Agreement, unless otherwise agreed to, shall be signed within 10 days of the

acceptance of the Letter of Award, at the office the Owner at GETCO Circle Office

MEHSANA on a date and time to be mutually agreed. The Contractor shall provide for

signing of the Contract, Performance Guarantee, appropriate power of attorney and

other requisite materials. In case the Contract is to be signed beyond the stipulated

time, the Bid Guarantee submitted with the Proposal will have to be extended

9.3 The Agreement will be signed in copies to be specified and the Contractor shall be

provided with one signed original and the rest will be retained by the Owner.

9.4 The Contractor shall provide free of cost to the Owner all the Engineering data,

drawings, and descriptive materials submitted with the bid, to form a part of the Contract

immediately after issue of Letter of Award

9.5 Subsequent to signing of the Contract, the Contractor at his own cost shall provide the

Owner with copies of agreement within fifteen (15) days after the signing of the

10.0 ENFORCEMENT OF TERMS

10.1 The failure of either party to enforce at any time any of the provisions of this Contract or

any rights in respect thereto or to exercise any option therein provided, shall in no way

be construed to be a waiver of such provisions, rights or options or in any way to affect

the validity of the Contract. The exercise by either party of any of its rights herein shall

not preclude or prejudice either party from exercising the same or any other right it may

have under the Contract.

11.0 COMPLETION OF CONTRACT

11.1 Unless otherwise terminated under the provisions of any other relevant clause, this

Contract shall be deemed to have been completed on the expiry of the guarantee period

as provided for under the clause entitled ‘Guarantee’ in this section of the Volume-I.

B. GUARANTEES & LIABILITIES

12.0 TIME – THE ESSENCE OF CONTRACT

12.1 The time and the date of completion of the Contract as stipulated in the Contract by the

Owner without or with modifications, if any, and so incorporated in the Letter of Award,

shall be deemed to be the essence of the Contract. The Contractor shall so organize his

resources and perform his work as to complete it not later than the date agreed to.

12.2 The Contractor shall submit a detailed bar chart within the time frame agreed consisting

of adequate number of activities covering various key phases of the work such as field

erection activities within five (5) days of the date of Notification of Award. This network

shall also indicate the interface facilities to be provided by the Owner and the dates by

which such facilities are needed. The Contractor shall discuss the network so submitted

with the Owner and the agreed network shall form part of the Contract documents.

During the performance of the Contract, if in the opinion of the Engineer, proper

progress is not maintained, suitable changes shall be made in the Contractor’s

operations to ensure proper progress without any cost implication to the Owner. The

interface facilities to be provided by the Owner in accordance with the agreed network

shall also be reviewed while reviewing the progress of the Contractor.

12.3 Based on the above agreed network/bar chart fortnightly reports shall be submitted by

the Contractor as directed by the Engineer.

12.4 Subsequent to the finalization of the network, the Contractor shall make available to the

Engineer a detailed program in line with the agreed Contract network.

Such program shall be reviewed, updated and submitted to the Engineer every month

12.5 The above bar charts/ program shall be compatible with the Owner’s computer

environment and furnished to the Owner on such media as may be desired by the

13.0 EFFECTIVENESS OF CONTRACT

The Contract shall be considered as having come into force from the date of the

commencement given by the respective construction sub division unless otherwise

provided in the notification of award.

14.0 PENALTY FOR DELAY

14.1 The total amount of penalty for delay under the Contract will be ½ % per week on

14.1 The total amount of penalty for delay under the Contract will be ½ % per week on

delayed work amount subject to a maximum of 10% of the Contract prices detailed in

the Special Conditions of Contract (SCC).

15.1 In the event of any emergency where in the judgment of the Engineer, delay would

cause serious loss or damages, repairs or adjustment may be made by the Engineer or

a third party chosen by the Engineer without advance notice to the Contractor and the

cost of such work shall be paid by the Contractor. In the event such action is taken by

the Engineer, the Contractor will be notified promptly and he shall assist wherever

possible in making necessary corrections. This shall not relieve the Contractor of his

liabilities under the terms and conditions of the Contract.

15.3 If it becomes necessary for the Contractor to rectify or renew any defective portions of

the works the provision of this clause shall apply to portion of the works so rectified or

corrected until the expiry of six (6) months from the date of such rectification or

correction. If any defects are not rectified within a reasonable time, the Engineer may

proceed to do the work at the Contractor’s risk and cost but without prejudice to any

other rights which the Owner may have against the Contractor in respect of such

15.4 The rectification or correction of the work will be carried out free of cost by the

Contractor. If any rectification or correction is carried out on his behalf at the site, the

Contractor shall bear the cost of such rectification or correction.

15.5 The acceptance of the works by the Engineer shall in no way relieve the Contractor of

his obligations under this clause.

15.6 At the end of the guarantee period, the Contractor’s liability ceases except for latent

defects. For latent defects, the Contractor’s liability as mentioned in Clause Nos.

through 15.5 above, shall remain till the end of 6 months from the date of completion of

guarantee period.

16.0 TAXES, PERMITS & LICENCES

The Contractor shall be liable and pay all non-Indian taxes, duties, levies lawfully

assessed against the Owner or the Contractor in pursuance of the Contract. In addition

to this the Contractor shall be responsible for payment of all Indian duties, levies and

taxes lawfully assessed against the Contractor for his personal income & property only.

18.0 DEFENCE OF SUITS

If any action in court is brought against the Owner or Engineer or an officer or agent of

the Owner, for the failure, omission or neglect on the part of the Contractor to perform

any acts, matters, covenants or things under the Contract, or for damage or injury

caused by the alleged omission or negligence on the part of the Contractor, his agents,

representatives or his Sub-Contractors, or in connection with any claim based on lawful

demands of Sub-Contractors, workmen, suppliers or employees, the Contractor shall in

all such cases indemnify and keep the Owner, and the Engineer and/or his

representative, harmless from all losses, damages, expenses or decrees arising of such

20.0 LIMITATION OF LIABILITIES

The final payment by the Owner in pursuance of the Contract shall mean the release of

the Contractor from all his liabilities under the Contract. Such final payment shall be

made only at the end of the Guarantee/Warranty period or after finalization of material

account and final bill and till such time as the Contractual liabilities and responsibilities

of the Contractor, shall prevail. All other payments made under the Contract shall be

treated as on-account payments.

21.0 ENGINEER’S DECISION

21.1 In respect of all matters which are left to the decision of the Engineer including the

granting or with-holding of the certificates, the Engineer shall, if required to do so by the

Contractor, give in writing a decision thereon.

21.2 If, in the opinion of the Contractor, a decision made by the Engineer is not in

accordance with the meaning and intent of the Contract, the Contractor may file with the

Engineer, within fifteen (15) days after receipt of the decision, a written objection to the

Failure to file an objection within the allotted time will be considered as an acceptance of

the Engineer’s decision and the decision shall become final and binding.

21.3 The Engineer’s decision and the filing of the written objection thereto shall be a

condition precedent to the right to request arbitration. It is the intent of the Agreement

that there shall be no delay in the execution of the works and the decision of the

Engineer as rendered shall be promptly observed.

22.0 POWER TO VARY OR OMIT WORK

22.1 No alterations, amendments, omissions, suspensions or variations of the Works

(hereinafter referred to as ‘variation’) under the Contract as detailed in the Contract

Documents, shall be made by the Contractor except as directed in writing by the

Engineer, but the Engineer shall have full powers subject to the provisions hereinafter

contained, from time to time during the execution of the Contract, by notice in writing to

instruct the Contractor to make such variation without prejudice to the Contract. The

Contractor shall carry out such variation and be bound by the same conditions as far as

applicable as though the said variations occurred in the Contract Documents. If any

suggested variations would, in the opinion of the Contractor, if carried out, prevent him

from fulfilling any of his obligations or guarantees under the Contract, he shall notify the

Engineer thereof in writing and the Engineer shall decide forthwith whether or not, the

same shall be carried out and if the Engineer confirms his instructions, the Contractor’s

obligations and guarantees shall be modified to such an extent as may be mutually

agreed. Any agreed difference in cost occasioned by any such variation shall be added

to or deducted from the Contract Price as the case may be.

22.2 In the event of Engineer requiring any variation, a reasonable and proper notice shall be

given to the Contractor to enable him to work his arrangement accordingly, and in cases

where goods or materials are already prepared or any design, drawings or pattern made

or work done as per the contract requires to be altered, a reasonable and agreed sum in

respect thereof shall be paid to the Contractor.

22.3 In any case in which the Contractor has received instructions from the Engineer as to

the requirement of carrying out the alterations or additional or substituted work which

either then or later on, will in the opinion of the Contractor, involve a claim for additional

payment, the Contractor shall immediately and in no case later than thirty (30) days,

after receipt of the instructions aforesaid and before carrying out the instructions, advise

the Engineer to that effect. But the Engineer shall not become liable for payment of any

charges in respect of any such variations, unless the instructions for the performance of

the same shall be confirmed in writing by the Engineer.

22.4 If any variation in the Works results in reduction of Contract Price, the parties shall

agree, in writing, so to the extent of any change in the price, before the Contractor

proceeds with the change.

22.5 In all the above cases, in the event of a disagreement as to the reasonableness of the

said sum, the decision of the Engineer shall prevail.

22.6 Notwithstanding anything stated above in this clause, the Engineer shall have the full

power to instruct the Contractor, in writing, during the execution of the Contract to vary

the quantities of the items or groups of items in accordance with the provisions of clause

entitled ‘Change of Quantity’ in section GCC of this Volume-I. The Contractor shall

carry out such variations and be bound by the same conditions as though the said

variations occurred in the Contract Documents. However, the Contract Price shall be

adjusted at the rates and the prices provided for the original quantities in the Contract.

23.0 ASSIGNMENT AND SUB-LE TTING OF CONTRACT:

No subletting of contract is allowed. Contractor should carry out work on his own under his

or his authorized supervisor and by labours employed by him.

24.0 CHANGE OF QUANTITY

24.1 During the execution of the Contract, the Owner reserves the right to increase or

decrease the quantities of items under the Contract but without any change in unit price

or other terms & conditions. Such variations unless otherwise specified in the

accompanying Special Conditions of Contract and/or Technical Specifications, shall not

be subjected to any limitation for the individual items but the total variations in all such

items under the Contract shall be limited to a percentage of the Contract price as

specified in the Special Conditions of Contract.

24.2 The Contract price shall accordingly be adjusted based on the unit rates available in the

Contract for the change in quantities as above. The base unit rates, as identified in the

Contract shall however remain constant during the currency of the Contract, except as

provided for in Clause 33.0 below. In case the unit rates are not available for the

change in quantity, the same shall be subjected to mutual agreement.

26.0 COOPERATION WITH OTHER CONTRACTORS AND CONSULTING ENGINEERS

The Contractor shall agree to cooperate with the Owner’s other Contractors and

Consulting Engineers and freely exchange with them such technical information as is

necessary to obtain the most efficient and economical design and to avoid unnecessary

duplication of efforts. The Engineer shall be provided with three copies of all

correspondence addressed by the Contractor to other Contractors and Consulting

Engineers of the Owner in respect of such exchange of technical information, wherever

27.0 NO WAIVER OF RIGHTS

Neither the inspection by the Owner or the Engineer or any of their officials, employees,

or agents nor any order by the Owner or the Engineer for payment of money or any

payment for or acceptance of, the whole or any part of the Works by the Owner or the

Engineer, nor any extension of time, nor any possession taken by the Engineer shall

operate as a waiver of any provision of the Contract, or of any power herein reserved to

the Owner or any right to damages herein provided nor shall any waiver of any breach in

the Contract be held to be a waiver of any other or subsequent breach.

28.0 CERTIFICATE NOT TO AFFECT RIGHT OF OWNER AND LIABILITY OF THE

No interim payment certificate of the Engineer, nor any sum paid on account by the

Owner, nor any extension of time for execution of the Works granted by the Engineer

shall affect or prejudice the rights of the Owner against the Contractor or relieve the

Contractor of his obligation for the due performance of the Contract, or be interpreted as

approval of the Works done or of the equipment furnished and no certificate shall create

liability for the Owner to pay for alterations, amendments, variations or additional works

not ordered, in writing , by the Engineer or discharge the liability of the Contractor for

the payment of damages whether due, ascertained, or certified or not or any sum

against the payment of which he is bound to indemnify the Owner, nor shall any such

certificate nor the acceptance by him of any sum paid on account or otherwise affect or

prejudice the rights of the Owner against the Contractor.

29.0 PROGRESS REPORTS

During the various stages of the work in pursuance of the Contract, the Contractor shall

at his own cost submit periodic progress reports as may be reasonably required by the

Engineer with such materials as, charts, net-works, photographs, test certificates, etc.

Such progress reports shall be in the form and size as may be required by the Engineer.

30.0 TAKING OVER

Upon successful completion of work of erection of tower line by the Contractor, the

Engineer shall issue to the Contractor a completion Certificate as a proof of the final

acceptance of the erected line. Such certificate shall not unreasonably be withheld nor

will the Engineer delay the issuance thereof on account of minor omissions or defects

which do not affect the commercial operation and/or cause any serious risk to the

erected line. Such certificate shall not relieve the Contractor of any of his obligations

which otherwise survive, by the terms and conditions of the Contract after issue of such

32.1 The payment to the Contractor for the performance of the works under the Contract will

be made by the Owner as per the guidelines and conditions specified herein. All

payments made during the Contract shall be on account payments only. The final

payment will be made on completion of all Works and on fulfillment by the Contractor of

all his liabilities under the Contract.

32.2 Currency of Payment

All payments under the Contract shall be in Indian Rupees only.

Payment terms will be as prescribed in the special conditions of contract and on

fulfillment of conditions specified thereof.

33.1 Application for Payment

33.2 The Contractor shall submit application for the payment in the prescribed proforma of

the Owner. Performa for application for payment will be as prescribed.

34.1 Each such application shall state the amount claimed and shall set forth in detail, in the

order of the Payment Schedule, particulars of the Works including the Works executed

at Site and of the equipment shipped/brought on to the site pursuant to the Contract up

to the date mentioned in the application and for the period covered since the last

preceding certificate, if any.

34.2 Every interim payment certificate shall certify the Contract value of the Works executed

up to the date mentioned in the application for the payment certificate, provided that no

sum shall be included in any interim payment certificate in respect of the works that,

according to the decision of the Engineer, does not comply with the Contract.

34.3 Mode of Payment

34.4 Payment due on completion of work shall be made by the Owner through Owner’s Bank

or directly to the Contractor as per the payment schedule.

34.5.1 All payments under the Contract shall be made as stipulated in the Special Conditions

of Contract after signing the Contract Agreement.

Progressive payments linked with erection shall only be made after the issue of

certificates by the Engineer, one for the quantum of work completed and the other for

the successful completion of quality check points involved in the quantum of work billed.

35.0 DEDUCTIONS FROM CONTRACT PRICE

All costs, damages or expenses which the Owner may have paid, for which under the

Contract the Contractor is liable, or any other retention award will be claimed by the

Owner. All such claims shall be billed by the Owner to the Contractor regularly as and

when they fall due. Such bills shall be supported by appropriate and certified vouchers

or explanations, to enable the Contractor to properly identify such claims. Such claims

shall be paid by the Contractor within thirty (30) days of the receipt of the corresponding

bills and if not paid by the Contractor within the said period, the Owner may then deduct

the amount, from any monies due or becoming due by him to the Contractor under the

Contract or may be recovered by sections of Law or otherwise.

D. RISK DISTRIBUTION

37.1 The Contractor at his cost shall arrange, secure and maintain all insurance as may be

pertinent to the Works and obligatory in terms of law to protect his interest and interests

of the Owner against all perils detailed herein. The form and the limit of such insurance

as defined herein together with the under-writer in each case shall be acceptable to the

Owner. However, irrespective of such acceptance, the responsibility to maintain

adequate insurance coverage at all time during the period of Contract shall be of

Contractor alone. The Contractor’s failure in this regard shall not relieve him of any of

his contractual responsibilities and obligations. The insurance covers to be taken by the

Contractor shall be in the joint name of the Owner and the Contractor. The Contractor

shall, however, be authorized to deal directly with Insurance Company or Companies

and shall be responsible in regard to maintenance of all insurance covers. Further the

insurance should be in freely convertible currency.

37.2 Any loss or damage to the material during handling, transportation, storage, erection,

and all activities to be performed till the successful completion of commissioning of the

line shall be to the account of the Contractor. The Contractor shall be responsible for

preference of all claims and make good the damages or loss by way of repairs and/or

replacement of the equipment, damaged or lost. The transfer of title shall not in any

way relieve the Contractor of the above responsibilities during the period of Contract.

The Contractor shall provide the Owner with copy of all insurance policies and

documents taken out by him in pursuance of the Contract. Such copies of documents

shall be submitted to the Owner immediately after such insurance coverage. The

Contractor shall also inform the Owner in writing at least sixty (60) days in advance

regarding the expiry/cancellation and/or change in any of such documents and ensure

revalidation, renewal etc., as may be necessary well in time.

37.3 The perils required to be covered under the insurance shall include, but not be limited to

fire and allied risks, miscellaneous accidents (erection risks) workman compensation

risks, loss or damage in transit, theft, pilferage, riot and strikes and malicious damages,

civil commotion, weather conditions, accidents of all kinds, etc. The scope of such

insurance shall be adequate to cover the replacement/reinstatement cost of the

equipment for all risks up to and including delivery of goods and other costs till the

equipment is delivered at Site. The insurance policies to be taken should be on

replacement value basis and/or incorporating escalation clause. Notwithstanding the

extent of insurance cover and the amount of claim available from the underwriters, the

Contractor shall be liable to make good the full replacement/rectification value of all

equipment/materials and to ensure their availability as per project requirements.

37.4 All costs on account of insurance liabilities covered under the Contract will be on

Contractor’s account and will be included in Contract Price, However, the Owner may

from time to time, during the pendency of the Contract, ask the Contractor in writing to

limit the insurance coverage, risks and in such a case, the parties to the Contract will

agree for a mutual settlement, for reduction in Contract price to the extent of reduced

premium amount. The Contractor, while arranging the insurance shall ensure to obtain

all discounts on premium which may be available for higher volume or for reason of

financing arrangement of the project.

37.5 The clause entitled ‘Insurance’ under the section ECC of this Volume-I, covers the

additional insurance requirements for the portion of the works to be performed at the

37.6 Special Conditions of Contract details out the various insurance liabilities.

38.0 LIABILITY FOR ACCIDENTS AND DAMAGES

Under the Contract, the Contractor shall be responsible for loss or damage to the plant

until the successful completion of commissioning as defined elsewhere in the Bid

39.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS

39.1 In case the Contractor’s performance is delayed due to any act of omission on the part

of the Owner or his authorized agents, then the Contractor shall be given due extension

of time for the completion of the Works, to the extent such omission on the part of the

Owner has caused delay in the Contractor’s performance of the Contract.

Regarding reasonableness or otherwise of the extension of time, the decision of the

Engineer shall be final.

39.2 In addition, the Contractor shall be entitled to claim demonstrable and reasonable

compensation if such delays have resulted in any increase in cost. The Owner shall

examine the justification for such a request for claim and if satisfied, the extent of

compensation shall be mutually agreed depending upon the circumstances at the time

of such an occurrence.

40.0 DEMURRAGE, WHARFAGE, ETC.

All demurrage, warfare and other expenses incurred due to delayed clearance of the

material or any other reason shall be to the account of the Contractor.

41.0 FORCE MAJEURE

41.1 Force majeure is herein defined as any cause which is beyond the control of the

Contractor or the Owner as the case may be, which they could not foresee or with a

reasonable amount of diligence could not have foreseen and which substantially affects

the performance of the Contract, such as:

a. Natural phenomena, including but not limited to floods, droughts, earthquakes and

b. Acts of any Government, domestic or foreign, including but not limited to war,

declared or undeclared, priorities, guarantees, and embargoes.

Provided either party shall within fifteen (15) days from the occurrence of such a cause

notify the other in writing of such causes.

41.2 The Contractor or the Owner shall not be liable for delays in performing his obligations

resulting from any force majeure cause as referred to and/or defined above:

The date of completion will, subject to hereinafter provided, be extended by a

reasonable time even though such cause may occur after Contractor’s performance of

obligation has been delayed due to other causes.

42.0 SUSPENSION OF WORK

42.1 The Owner reserves the right to suspend and reinstate execution of the whole or any

part of the Works without invalidating the provisions of the Contract. Orders for

suspension or reinstatement of the Works will be issued by the Engineer to the

Contractor in writing. The time for completion of the works will be extended for a period

equal to duration of the suspension.

42.2 Any necessary and demonstrable cost incurred by the Contractor as a result of such

suspension of the works will be paid by the Owner, provided such costs are

substantiated to the satisfaction of the Engineer. The Owner shall not be responsible

for any liabilities if suspension or delay is due to some default on the part of the

Contractor or his Sub-Contractor.

43.0 CONTRACTOR`S DEFAULT

43.1 If the Contractor shall neglect to execute the works with due diligence and expedition or

shall refuse or neglect to comply with any reasonable order given to him, in writing by

the Engineer in connection with the works or shall contravene the provisions of the

Contract, the Owner may give notice in writing to the Contractor to make good the

failure, neglect or contravention complained of. Should the Contractor fail to comply

with the notice within thirty (30) days from the date of serving the notice, then and in

such case the Owner shall be at liberty to employ other workmen and forthwith execute

such part of the works as the Contractor may have neglected to do or if the Owner shall

think fit, without prejudice to any other right he may have under the Contract to take the

work wholly or in part out of the Contractor’s hands and re-contract with any other

person or persons to complete the works or any part thereof and in that event the Owner

shall have free use of all Contractor’s equipment that may have been at the time on the

Site in connection with the works without being responsible to the Contractor for fair

wear and tear thereof and to the exclusion of any right of the Contractor over the same,

If the sum that the contractor is entitled to be paid plus the costs incurred by the Owner

in completing the works, exceeds the Contract Price or the entire works if entire works

have been completed or the price for part of the work if part of the works have been

completed, the Contractor shall be liable for such excess.

If such excess is greater than the sums due to the Contractor, the Contractor shall pay

the balance to the Owner and if such excess is less than the sums due to the

Contractor, Owner shall pay the balance to the Contractor. For facilitating such

payment, Owner shall pay the balance to the contractor. For facilitating such payment,

Owner shall encash the Bank Guarantees of Contactor available with Owner/s and

retain such other payment due to the Contractor under the Contract in question or any

other Contract that the Owner/s may have with the Contractor. Such payment of excess

amount shall be independent of the liquidated damages for delay which the Contractor

shall have to pay if the completion of works is delayed.

43.2 In addition, such action by the Owner as aforesaid shall not relieve the Contractor of his

liability to pay liquidated damages for delay in completion of Works as defined in Clause

14.0 of this Section.

43.3 Such action by the Owner as aforesaid the termination of the Contract under this clause

shall not entitle the Contractor to reduce the value of the Contract Performance

Guarantee nor the time thereof. The Contract Performance Guarantee shall be valid for

the full value and for the full period of the Contract including guarantee period.

44.0 TERMINATION OF CONTRACT ON OWNER`S INITIATIVE

44.1 The Owner reserves the right to terminate the Contract either in part or in full due to

reasons other than those mentioned under clause entitled ‘Contractor’s Default’. The

Owner shall in such an event give fifteen (15) days’ notice in writing to the Contractor of

his decision to do so.

44.2 The Contractor upon receipt of such notice shall discontinue the work on the date and to

the extent specified in the notice, make all reasonable efforts to obtain cancellation of all

orders and Contracts to the extent they are related to the work terminated and terms

satisfactory to the Owner, stop all further sub-contracting or purchasing activity related

to the work terminated, and assist Owner in maintenance, protection, and disposition of

the works acquired under the Contract by the Owner.

In the event of such a termination the Contractor shall be paid compensation, equitable

and reasonable, dictated by the circumstances prevalent at the time of termination.

44.3 If the Contractor is an individual or a proprietary concern and the individual or the

proprietor dies and if the Contractor is a partnership concern and one of the partners

dies then unless the Owner is satisfied that the legal representatives of the individual

Contractor or of the proprietor of the propriety concern and in the case of partnership,

the surviving partners, are capable of carrying out and completing the Contract the

Owner shall be entitled to cancel the Contract as to its incomplete part without being in

any way liable to payment of any compensation to the estate of deceased Contractor

and/or to the surviving partners of the Contractor’s firm on account of the cancellation of

the Contract. The decision of the Owner that the legal representatives of the deceased

Contractor or surviving partners of the Contractor’s firm cannot carry out and complete

the Contract shall be final and binding on the parties. In the event of such cancellation

the Owner shall not hold the estate of the deceased Contractor and/or the surviving

partners of the estate of the deceased Contractor and/or the surviving partners of the

Contractor’s firm liable to damages for not completing the Contract.

45.0 FRUSTRATION OF CONTRACT

45.1 In the event of frustration of the Contract because of supervening impossibility in terms

of Section 56 of the Indian Contract Act, parties shall be absolved of their responsibility

to perform the balance portion of the Contract, subject to provisions contained in sub-

clause 45.3 below.

45.2 In the event of non-availability or suspension of funds for any reasons, whatsoever

(except for reason of willful or flagrant breach by the Owner) and/or Contractor then the

works under the Contract shall be suspended.

Furthermore, if the Owner is unable to make satisfactory alternative arrangements for

financing to the Contractor in accordance with the terms of the Contract within three

months of the event, the parties hereto shall be relieved from carrying out further

obligations under the Contract treating it as frustration of the Contract.

45.3 In the event referred to in sub-clauses 45.1 & 45.2 above the parties shall mutually

discuss to arrive at reasonable settlement on all issues including amounts due to either

party for the work already done on quantum merit_ basis which shall be determined by

mutual agreement between the parties.

46.0 GRAFTS AND COMMISSIONS ETC.

Any graft, commission, gift or advantage given, promised or offered by or on behalf of

the Contractor or his partner(s), agent(s), officer(s), director(s), employee(s) or

servant(s) or any one on his or their behalf in relation to the obtaining or to the execution

of this or any other Contract with the Owner, shall in addition to any criminal liability

which it may incur, subject the Contractor to the cancellation of this and all other

Contracts and also to payment of any loss or damage to the Owner resulting from any

cancellation. The Owner shall then be entitled to deduct the amount so payable from

any monies otherwise due to Contractor under the Contract.

E. RESOLUTION OF DISPUTES

47.0 SETTLEMENT OF DISPUTES

47.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to

the extent possible, be settled amicably between the parties.

47.2 If any dispute or difference of any kind, whatsoever, shall arise between the Owner and

the Contractor, arising out of the Contract for the performance of the Works whether

during the progress of the Works or after its completion or whether before or after the

termination, abandonment or breach of the Contract, it shall, in the first place, be

referred to and settled by the Engineer, who, within a period of thirty (30) days after

being requested by either party to do so, shall give written notice of his decision to the

Owner and the Contractor.

47.3 Save as hereinafter provided, such decision in respect of every matters so referred shall

be final and binding upon the parties until the completion of the Works and shall

forthwith be given effect to by the Contractor who shall proceed with the Works with all

due diligence, whether he or the Owner requires arbitration as hereinafter provided or

47.4 If after the Engineer has given written notice of his decision to the parties, no claim to

arbitration has been communicated to him by either party within thirty (30) days from the

receipt of such notice, the said decision shall become final and binding on the parties.

47.5 In the event of the Engineer failing to notify his decision as aforesaid within thirty (30)

days after being requested as aforesaid, or in the event of either the Owner or the

Contractor being dissatisfied with any such decision, or within thirty (30) days after the

expiry of the first mentioned period of thirty days, as the case may be, either party may

require that the matters in dispute be referred to arbitration as hereinafter provided.

48.0 ARBITRATION

48.1 All disputes or differences in respect of which the decision, if any, of the Engineer has

not become final or binding as aforesaid shall be settled by arbitration in the manner

hereinafter provided.

48.1.1 The arbitration shall be conducted by three arbitrators, one each to be nominated by the

Contractor and the Owner and the third to be appointed as an umpire by both the

arbitrators in accordance with the Indian Arbitration Act. If either of the parties fails to

appoint its arbitrator within sixty (60) days after receipt of a notice from the other party

invoking the Arbitration clause, the arbitrator appointed by the party invoking the

arbitration clause shall become the sole arbitrator to conduct the arbitration.

48.1.2 The arbitration shall be conducted in accordance with the provisions of the Indian

Arbitration Act, 1940 or any statutory modification thereof. The venue of arbitration shall

48.2 The decision of the majority of the arbitrators shall be final and binding upon the parties.

The arbitrators may, from time to time with the consent of all the parties enlarge the time

for making the award. In the event of any of the aforesaid arbitrators dying, neglecting,

resigning or being unable to act for any reason, it will be lawful for the party concerned

to nominate another arbitrator in place of the outgoing arbitrator.

48.3 The arbitrator shall have full powers to review and/or revise any decision, opinion,

direction, certification or valuation of the Engineer in accordance with the Contract, and

neither party shall be limited in the proceedings before such arbitrators to the evidence

or arguments put before the Engineer for the purpose of obtaining the said decision.

48.4 No decision given by the Engineer in accordance with the foregoing provisions shall

disqualify him as being called as a witness or giving evidence before the arbitrators on

any matter whatsoever relevant to the dispute or difference referred to the arbitrators as

48.5 During settlement of disputes and arbitration proceedings, both parties shall be obliged

to carry out their respective obligations under the Contract.

49.0 RECONCILIATION OF ACCOUNTS

The Contractor shall prepare and submit every two months, a statement covering

payments claimed and the payments received vis-a-vis the works executed, for

reconciliation of accounts with the Owner. The Contractor shall also prepare and submit

a detailed account of Owner Issue materials received and utilized by him for

reconciliation purpose in a format to be discussed & finalized with the Owner before the

award of Contract.

GENERAL CONDITION

A. GENERAL TERMS: -

1. The Gujarat Energy Transmission Corporation Limited does not bind itself to accept the

lowest or any tender. The Superintending Engineer, MEHSANA reserves the right to

reject any or all tender without signing any reasons whatsoever and decision of the

Superintending Engineer, MEHSANA will be final and unchallengeable.

2. In case of any dispute / doubt, the decision of The Superintending Engineer, MEHSANA,

shall be unchallengeable, final and binding to the Contractor.

3. Tender offer without payment of E.M.D/Tender Fee, required Certificate, Documents, bar

chart list of Tools, Tackles, Equipments, blank tender etc. required for execution of job will

be out rightly rejected. The tenderer should furnish details of past experience of such job of

similar nature completed by him satisfactorily within the time limit in GETCO without this

certificate offer shall be rejected out rightly.

4. The competent authority can delete any items in schedule of the tender, if he feels that the

rate quoted by contractor act. That item is abnormally high completed to the estimated

rates. Specification in any items mentioned in tender are subject to change without any

prior notice and binding to the Contractor.

B. GENERAL TERMS FOR CONTRACTOR: -

1. The work should be carried out according to the specification and as per Instructions &

programmed laid out/ Commenced by the DE / Executive Engineer-in-charge of the work.

Contractor has to co-ordinate E.I.C. of planning of outage & work schedule thereof, so as to

complete all the planned work in outage. Contractor has to deploy adequate manpower

2. The contractor should appoint supervisor with sufficient qualification and experience who

could supervise the execution of work throughout. He should always be present on the site

as far as possible. Qualification & experience certificate of deputed supervisor to be

submitted to GETCO.

3. The erection work should be commenced immediately from the date of receipt of

instructions from office and should be completed within thereafter. Prior intimation in writing

for starting the job will be given by GETCO for the work.

4. The contractor shall see the line route before quoting the rates.

5. The Contractor has to follow all IE rules, Insurance rules, GETCO rules labours laws, safety

rules and regulations at his risk & cost. The GETCO does not take any responsibility in

case of accident or injury to the workers. The safety / security of men, materials &

equipments shall be sole responsibility of the contractor. Contractor will abide by and fulfill

all the terms and conditions and general terms and condition of the contract for works

available in the office. All other general terms and conditions as prevailing in the GETCO

shall be applicable to this contract. The contractor will be governed by the GETCO’s

general conditions of works contract. The Booklet will be available in the concerned office in

any working days. In the event of placing order, the contractor will have to sign this booklet

along with other documents and agreement. All the usual terms and conditions of the

GETCO, though the same might have not been mentioned in this specification or contractor

booklet will applicable to this contract, and the decision of the Executive Engineer of

Concern Division shall be binding on the contractor.

6. The bidder shall have the experience of erection line should be as mentioned in

Technical/Commercial Bid.

7. The tenderer should quote for complete erection work, testing and commissioning of line as

indicated in the Schedule “B” and as per terms and conditions.

8. It will be bidder sole responsibility for erection of complete line in all respect, accordance

with latest rules under Electricity Act and approved by Electrical Inspector.

9. Above terms and conditions are part and partial of tender and will be observed

10. The Contractors has to engage required strength of skilled persons for Transportation,

Loading & unloading work and proper Supervisor to avoid complication & unnecessary

delay to complete work timely. The Contractor will be totally responsible for labour claims

arising out of the labour employed for this job.

11. The detailed drawings of equipments can be seen from concern GETCO office during any

working day and the equipments which are to be erected can also be seen physically at

GETCO store during any working day and time.

12. Contractor has to ensure safe shifting and erection of all accessories / equipments as per

standard norms.

13. The Contractor has to arrange for minor fabrication (if required) at free cost. The tender

includes all minor accessories and items of work which may not have been specifically

mentioned in the specification schedule etc. but are essential for completion of work. The

contractor will not be eligible for any extra payment in respect of such minor accessories

and items of work.

14. The contractor has to co-ordinate & co-operate fully with Engineer-in-Charge and

commissioning Engineer of the supplier for erection of all equipments / structure /

accessories, etc., and any other items which are not conveniently included in the

specification but requires for completing the job.

15. The Contractor has to remain in contact in close days with Engineer in charge of work who

in turn shall issue detailed instruction for the commencement of the work.

16. The Contractor will be solely and responsible for any accident / damage either to

equipments or any human being during the time of execution of work.

17. Either you or your authorized person should contact our concern S/Dn as well Div office,

Concern Division. office, daily, for the availability of equipments required for this work,

failing to which this work order shall be terminated without giving any notice.

18. The Contractor will have to give indemnity bond to GETCO against any possible claim of

compensation for damage to contractor’s equipments or staff or any of third party during the

execution of work.

19. The Contractor will have to complete entire job as per directive and instruction of Engineer

in charge. If he fails to do so entire work will be carried out at Contractor’s risk and cost.

20. The contractor has the experience of survey work and produces the list of survey

instrument and bio-data of Supervisor / Surveyor / Engineer / Technician to be engaged for

21. If the work is required to be carried out during specified outage then the contractor has to

deploy adequate man power, material, tools etc. well advance and has to complete the

entire work during this specific outage period only, failing to which GETCO shall be at

liberally to deduct the amount of revenue loss due to prolong outage. Contractor has to co-

ordinate E.I.C. of planning of outage & work schedule thereof, so as to complete all the

planned work in outage.

22. If required by GETCO you shall have to provide free to & for traveling facility to our field

Engineer or Surveyor for the work.

23. The Contractor shall not refuse to execute the work order at any time and it will be his sole

responsibility to execute and complete this work as per the instruction of Engineer - in -

24. The tender shall invariably furnish a monthly average capacity (in km. and rating) along with

list of available machinery, tools and tackles etc. for work.

25. Any excess work done beyond specification and drawing shall be at Contractor’s risk and

26. During the stringing work if any EHT / 11KV / L.T. line comes on the way the Contractor has

to dismantle, restringing, kept on original position etc. work to be carried out. No any

charges will be paid extra for this work. Further work to be carried out in co-ordination with

concern DISCOM personnel for proper identification of feeder / LT line as well as you have

to strictly observed all the safety rules of GETCO.

27. The bidder shall specifically note that GETCO will not pay any extra amount to wards any

type of claim except for the description indicated in Schedule “B’. The party has to carry out

all other / additional required activities / work as directed by Engineer in charge which is not

mentioned in Schedule but required to be completed as per the site condition and for this

work no extra Payment shall be made by GETCO.

28. In addition to the general of the construction particular attention shall be paid to the final

finish and every effort shall be made to have the entire work contented wish standard of

workmanship by the Contractor.

29. No any idling / gang mobilization charge will be paid by GETCO in any circumstances.

30. No part rate or reduces rate shall be allowed in final bill.

31. The interpretation of specification doubts etc: - In case of any doubts about what is

mentioned in specification or schedule or elsewhere, the tenderer should get all doubts

cleared from the Department in writing and in advance of filling in the tender. In case of

difference of opinion about interpretation of specification etc. the decision of Ex. Engineer

/SE will be final and shall be binding to the contractor to the tenderer.

32. Power supply should be arranged by contractor at his own cost. For that temporary

connection to be obtain by contractor from PGVCL for the said work.

C. SIGNING AGREEMENT: - The Contractor will have to sign an agreement as per GETCO’s

rules in the prescribed form of the GETCO. The cost Rs. 300/- of the Stamp Paper will

have to be borne by the Contractor.

D. WORKING DAYS: In case, it is not possible for the contractor to continue, the work either

due to heavy rains or other reasonable causes, such facts should be immediate reasons to

the notice of the Executive Engineer in writing. If the reasons for stopping the work are

genuine, the Engineer may ask the contractor in writing to stop work be cases (for such

stoppage) are overcome and the Engineer will ask the Contractor to start the work again in

written, the period of such stoppage will not be considered as a part of working month

moreover the contractor cannot claim compensation for such work. Contractor will not allow

to work after working hours except in special case, if any.

E. TERMS OF PAYMENT:

1. Normally, R.A. Bills will be paid every month, however, looking to the progress of the work it

will be reviewed mutually and 90% of the cost of work done will be paid to the Contractor on

his presentation of R.A. Bill giving the material account thereof. Remaining 10% Payment

will be made after the entire work is completed satisfactorily in all respect. The Bill should

be submitted to concern GETCO’s Executive Engineer of concern Division with a copy

to SE (AM) MEHSANA.

2. The GETCO will be untitled to deduct directly from the bills to be paid to the contractor any

sum or sums payable by you and which sum/sums the GETCO is required to pay as

principle employers on account of your default in respect of all liabilities referred to in above

3. In case of any farmer's objection / ROW, contractor has to mobilize his all efforts to clear

the objection in consultation with GETCO authority. No extra Charge will be paid for such

4. The contactor shall co-operative with the GETCO in recording measurement etc. as

expeditiously as possible and he shall fulfill all the requirement which are necessary to

finalizes the accounts on the basic of its records and pay him such amounts as if found due

to him, together with the amount of security deposit if any remaining payable to him after

deduction there from the amount due by him to the GETCO. The GETCO shall not entertain

further claim from thereafter.

5. THE GETCO shall deduct the Income - Tax & Taxes as per prevailing rules from each and

6. No higher rate or revised rate will be applicable for the work, if work is held-up / closed due

to whatever so reasons.

7. R.A. Bill shall be paid if GETCO satisfy with the output of works otherwise only final bill

8. The cost of damages, if any will be recovered from the Contractor’s bill. The assessment of

which will be done by field Engineer at his sole discretion and his decision shall be binding

to the contractor and shall be considered as final and unchallengeable.

9. The contractor shall co-operate with the GETCO in recording measurement etc. as

expeditiously as possible and he shall fulfill all the requirements which are necessary to

finalize the accounts on the basis of its records and pay him such amount as if found due to

him together with the amount of security deposit. If any remaining payable to him after

deduction, there from the amount due by him to the GETCO.

10. The contractor will not be eligible for any extra payment in respect of minor accessories and

F. AVAILABILITY OF MATERIALS AND IDLE LABOUR CHARGE: Materials are readily

available and arrangement made to procure the rest. However, the Contractor should be

carrying out the work as and when the materials are received. No idle labour charges will

be borne by the GETCO in case such occasion of idle labour arises, due to want of any

materials. However, this idle period will be counted for the period of assessing the time limit

for completion of work as mentioned in the work order. Contractor has to collect the

material as and when available and should be keeping in his safe custody.

G. PROGRESS OF WORK & REPORTING:

1. Contractor has to submit their working schedule along with tender to complete the line in

view of time limit given in tender Bar chart is also to be submitted.

2. PROGRESS REPORT: Fortnightly progress reports in DUPLICATE shall be regularly

submitted to the Executive Engineer of concern Division and the concern Engineer-in-

charge with a copy to SE(AM) MEHSANA. Bar chart duly signed by contractor shall be

submitted at the time of commencement of work.

H. MATERIAL, DELIARY & HANDLING:

1. All material / equipment required for this work as per schedule shall be delivered at any

store center of GETCO jurisdiction & contractor has to take delivery from these stores at his

2. The contractor shall be responsible for breakages, losses & thefts of material during transit

or erection after the materials are issued from stores will, the completed work is taken over

3. The contractor will be responsible for loss, distribution or deterioration of the materials,

stores or articles supplied to him by the GETCO, even if such a less distribution of

deterioration has occurred under any circumstances whatsoever beyond his control as if

the materials, stores or articles so supplied were his property.

4. STORAGE-CUM-INSURANCE: - The contractor shall take suitable storage-cum-erection

insurance cover at his cost to the extent of 100% cost of s/s or line materials, which are

required to complete the s/s or line. Contractor shall have to take Marine cum Erection

(MCE) insurance policy against any loss, damage, theft, pilferage, fire etc. for the complete

period of storage, erection and commissioning up to the time of taking over of the

transmission line or S/S by the Board. The contractor shall deal directly and pursue the

claim with the insurance company and shall be responsible in regard to maintenance of all

insurance coverage as well as for settlement of claim. The proof of insurance policy taken

by the successful contractor shall be furnished to Engineer-In-Charge.

No material shall be issued to bidder/erection agency in absence of such insurance policy.

The risk shall be covered for lifting of material from store to final handling over to GETCO.

Further In absence of the above insurance policy, R. A. Bill payment will be withheld.

5. Contractor will fully and solely responsible for any shortage, damage, leakages to the

equipments or any it’s accessories that may occur during transportation dragging, draining

of oil, erection work etc.

6. In case of non - availability of some items / materials you will have to collect the same from

other nearly store center for which you shall be paid as per GETCO’s rules and S.O.R. rate.

7. After completion of the work, all the surplus materials issued by the GETCO shall be

returned by you to the respective center of the GETCO as per instruction of Engineer in

charge at your cost.

8. For shortages of any materials issued by the GETCO for the work, recovery shall be made

from you, on the basis or prices of the materials (prevailing the date of settlement of

materials Account) plus 15% supervision charges.

9. All the materials issued by GETCO shall be transported to the work site on same day and

to be preserved in safe custody failing to which GETCO shall initiate Police actions,

similarly as per instruction of Engineer-in-charge, you have to credit the material at GETCO

store without any loss of time failing to which GETCO shall initiate Police action.

10. Accounts of Materials issued: - The contractor shall have to maintain accurate day to

day and item wise account of use of issued materials which shall be got checked from time

to time by the representative of the GETCO. The contractor will be responsible for custody

and preserving the issued materials till the work is handover by the Contractor after

11. The contractor has to maintain site Register, covering all the daily details of Material receipt

& utilization, progress of work etc. This register shall be checked and signed by Engineer in

charge, Executive Engineer (AM), of Concern Division & SE (AM) during the site visit.

Any bill without site register shall not be passed. The GETCO shall not entertain further

claim from thereafter.

1. No tools, tackles, manpower, crane facilities etc. will be provided by the GETCO.

2. No special tools and tackles such as compression joint machine, jointing dies, come along

clamps, dynamo meter etc. shall be given by GETCO.

3. Erection tools required during construction of lines shall be arranged by the contractor at

his own cost. Adjustable stub templates will however be supplied by the GETCO which

shall be returned by the contractor in Good condition on completion of the works.

4. Contractor will have to make his own arrangement for all tools, tackles, wire ropes etc. for

5. The contractor has to submit the list of tools, tackles, equipments with him along with his

tender offer. The tender without this list and other required documents (as mentioned above

herein the tender) should be rejected out rightly.

J. ELECTRICITY RULES: All works shall be carried out in accordance with the revised and

latest providing under Indian Electricity Act and Rules made the rounder.

K. INSPECTION BY GETCO REPRESENTATIVES:

The Engineer-in-charge, higher authority of GETCO or his representatives will be free to

visit the contractor’s work, their stores site and erection sites and also verify the GETCO’s

materials in the custody of the contractor as and when required.

L. FORCE MAJEURE: -

1. Force majored is defined as “Any cause which is beyond control of contractor or the

GETCO as the case may be, natural phenomena like floods, draught, - earthquake,

epidemics etc. acts of any Government Authorize domestic or foreign including but not

limited to war, declare or undeclared, priorities quarantine, embargoes Licensing control or

production or distribution restrictions accidents like Fire, Explosions, Break-Downs etc.”.

2. All legal complication or disputes are subject to MEHSANA jurisdiction only.

3. As the case may be, which they could not foresee or with a reasonable amount of diligence

could not have foreseen and which substantially affects the performance of the contract

4. Natural phenomena including but not limited to floods, droughts, earthquakes and

5. Acts of any Government, domestic or foreign including but not limited to war, declared or

undeclared, priorities, guarantees and embargoes.

6. Provided either party shall within fifteen (15) days from the occurrence of such a cause

notify the other in writing of such causes.

7. The contractor or the owner shall not be liable for delays in performing his obligations

resulting from any force majeure cause as referred to and/or defined above.

M. QUANTITY OF WORK: The quantities of various items of erection indicated in Schedule-B

are tentative, final quantities shall be determined after completion of the details route

surveys. The contractor has to carry out the work according to quantities as determined at

site for which the rates quoted in the Tender shall be valid. The department reserves the

rights for revising or omitting any of the quantities. The quantities actually executed by the

contractor will be calculated at the rate given in the contract schedule of the rates. The

location & job wise sub-order will be issued for each assignment. The payment shall be

made only on actual work executed or order quantity whichever is less.

N. TAKING DELIVERY AND INSURANCE:

1. As regard damage the materials, equipment and worker of the contractor, he himself will be

responsible. If there is any compensation to be paid in respect of “WORKMAN”

compensation act of any other statutory provisions, the same will have to be paid by the

contractor direct. If he thinks fit he may take necessary insurance cover, at his cost.

2. The contractor has to keep ‘materials in safe custody and transport to the

respective sites and will be fully responsible for any damage to or loss of all

materials at any stage during transportation or erection or taking over of the line by

3. The Contractor has to open site store near by the route of the line and ensure for

safe custody of all the stored materials at his own cost.

4. The contractor shall have total responsibility for the entire materials stored, loose,

semi assembled and/or erected by him at site in his custody. The contractor shall

make suitable security arrangement at his own cost to ensure the protection of all

materials, equipment and works from theft, fire pilferage and any other damages

and loss. It shall be the responsibility of the contractor to arrange for security till the

works are finally taken over by the corporation.

O. DEPARTURE FROM SPECIFICATION AND DRAWINGS: - Should the tenderer wish to

depart from the specification in any respect, they should draw attention to such departure

giving his reasons thereof and should get approved the same before doing any further

work, unless this is done this specification shall have held good. The working drawings are

attached with the tenders. However, in case of any clarification the decision of Engineer in

charge will be final & binding to the Contractor.

P. TESTING AND COMMISSIONING:

The contractor after completion of erection work will ensure that all works connected have

been completed correctly as per Indian Electricity Rule and procedure, any extra cost

involved due to incompleteness of work or bad workmanship found out subsequently shall

be set right forth with by the contractor at his cost.

Q. TECHNICAL PARTICULARS: The general technical details of the type of towers to be

erected conductors and earth wire to be strung and relevant loading particulars for the

same are given in section of the specification.

R. PROTECTION OF WORK

The Contractor shall have total responsibility for protecting his works till it is finally taken

over by the Engineer. No claim will be entertained by the Owner or by the Engineer for any

damage or loss to the Contractor’s works and the Contractor shall be responsible for

complete restoration of the damaged works to original conditions to comply with the

specification and drawings.

V. EMPLOYMENT OF LABOUR

1. The Contractor will be expected to employ on the work only his regular skilled employees

with experience of his particular work. No person below the age of eighteen years shall be

2. All traveling expenses including provisions of necessary transport to and from Site, lodging,

allowances and other payments to the Contractor’s employees shall be the sole

responsibility of the Contractor.

3. In case the Owner becomes liable to pay any wages or dues to Labour or any Government

agency under any of the provisions of the Minimum Wages Act, Workmen Compensation

Act, Contract Labour Regulation Abolition Act or any other law due to act of omission of the

Contractor, the Owner may make such payment and shall recover the same from the

Contractor’s bills.

W. FACILITIES TO BE PROVIDED BY THE OWNER

1. Space: Land for Contractor’s Store, Workshop etc.

a) The Engineer shall at his discretion and for the duration of execution of the Contract make

available at site, land for construction of Contractor’s field office, workshop, stores, etc.

required for execution of the Contract. Any such temporary construction shall be done by the

Contractor at his cost. b) On completion of work the Contractor shall hand over the land duly

cleaned to the Engineer. Until and unless the Contractor has handed over the vacant

possession of land allotted to him for the above purpose, the payment of his final bill shall not

2. Tools, tackles and scaffoldings

The Contractor shall provide all the construction equipments; tools, tackles and

scaffoldings required for pre-assembly, erection, testing and commissioning of the

equipment covered under the Contract. He shall submit a list of all such materials to the

Engineer before the commencement of work at Site. These tools and tackles shall not be

removed from the Site without the written permission of the Engineer.

The Contractor shall provide necessary first-aid facilities for all his employees,

representatives and workmen working at the Site. Enough number of Contractor’s

personals shall be trained in administering first-aid.

4.Cleanliness The Contractor shall be responsible for keeping the entire area

allotted to him clean and free from rubbish, debris etc. during the period of

Contract. The Contractor shall employ enough number of personnel to keep the

work area clean. Materials and stores shall be so arranged to permit easy cleaning

of the area. In areas where equipment might drip oil and cause damage to the

floor surface, a suitable protective cover of a flame resistant, oil proof sheet shall

be provided to protect the floor from such damage.

5. LINES AND GRADES All the works shall be performed to the lines, grades and

elevations indicated on the drawings. The Contractor shall be responsible to locate and

lay-out the works. Basic horizontal and vertical control points will be established and

marked by the Engineer at site at suitable points. These points shall be used as datum for

the works under the Contract. The Contractor shall inform the Engineer well in advance of

the times and places at which he wishes to do work in the area allotted to him so that

suitable datum points may be established and checked by the Engineer to enable the

Contractor to proceed with his works. Any work done without being properly located may

be removed and/or dismantled by the Engineer at Contractor’s expense.

6. FIRE PROTECTION The work procedures that are to be used during the erection

shall be those, which minimize fire hazards to the extent practicable. Combustible

materials, combustible waste and rubbish shall be collected and removed from the Site at

least once each day. Fuels, oils and volatile or inflammable materials shall be stored away

from the construction and equipment and materials storage areas.

7. All the Contractor’s supervisory personnel and select number of workers shall be

trained for firefighting. Enough of such trained personnel must be available at the Site

during the entire period of the Contract.

The Contractor shall have total responsibility for all equipment and materials in his

custody/stores, loose, semi-assembled and/or erected by him at Site. The Contractor shall

make suitable security arrangements ensure the protection of all materials, equipment

and works from theft, fire, pilferage and any other damages and loss.

9. PRE-COMMISSIONING TRIALS AND INITIAL OPERATIONS

The pre-commissioning trials and initial operations of the equipment furnished and

erected by the Contractor shall be the responsibility of the Contractor as detailed in

relevant clauses of Technical Specifications. The Contractor shall provide, in addition, test

instruments, calibrating devices, etc and labour required for successful performance of

these trials. If it is anticipated that the above test may prolong for a long time, the

Contractor’s workmen required for the above test shall always be present at Site during

SIGNATURE OF CONTRACTOR

WITH SEAL/STAMP

CONTRACT AGREEMENT

(To be submitting after Awarding of Contract)

(Non judicial stamp paper of Rs. 300/-)

This agreement is made at ________, on the _________________day of

__________in the Christian year __________ between

referred to as “THE CONTRACTOR” which expression shall unless excluded by or

repugnant to context include its successors or permitted assigns) of the one part and

the Gujarat Energy Transmission Corporation Limited, having their ______ Office at

__________, (hereinafter called “Corporation” which expression shall unless excluded

by or repugnant to the context include its successors or assigns) of the other part.

“WHEREAS” the aforesaid Corporation has accepted the tender of the aforesaid

_____________________________________________ as per Corporation’s Order

No. ____________________________________ hereinafter called “The works” and

more particularly described enumerated or referred to in the specification, terms and

conditions prescribed in the order letter, covering letter arid other letters and schedule

of price which for the purpose of identification have been signed by Shri

________________________________________ on behalf of the Contractors and by

__________________________________________on behalf of the Corporation, a list

where of is made out in the schedule hereunder written and all of which said

documents are deemed to form part of this contract and included in the expression ‘The

Works” wherever herein used, upon the terms and subject to the conditions hereinafter

mentioned. AND WHEREAS THE GETCO has accepted the tender of the contractor

State for the sum of Rs.

subject to the conditions herein mentioned.

NOW THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED AND

1. The contractors shall do and perform all works and things in this contract

mentioned and described or which are implied therein or there from respectively or are

reasonably necessary for the completion of the works as mentioned and at the times, in

the manner and subject to the terms conditions and stipulations contained in this

contract, and in consideration of the due provision, executions, construction and

completion of the works agreed to by the contractors as aforesaid, the Corporation doth

hereby covenant with the contractor to pay all the sums of money as and when they

become due and payable to the contractors under the provisions of the contract. Such

payment to be made at such times and in such manner as is provided by the contract.

2. The conditions and covenants stipulated hereinbefore in this contract, are subject

to and without prejudice to the rights of the Corporation to enforce penalty for delays

and / or any other rights whatsoever including the right to reject and cancel on default or

breach by the contractors of the conditions and the covenants as stipulated in the

general conditions, specifications, forms, or tender schedule, drawing, etc. attached with

Corporation’s Order No.___________________________.

The contract value, extent of works / supply, completion / delivery dates, specifications

and other relevant matters may be altered by mutual agreement and if so altered shall

not be deemed or construed to mean or apply to affect or alter other terms and

conditions of the contract and the general conditions and the contract so altered or

revised shall be and shall always be deemed to have been subject to and without

prejudice to said stipulation.

In witness whereof the parties here to have set their hands and seals this day and

month year first above written.

Signed, Sealed and Delivered by

In the presence of, signature with names and

Signed, Sealed and Delivered by

for and on behalf of Gujarat Energy Transmission Corporation Limited,

In the presence of, signature with names and

SAFETY CUM INDEMNITY BOND

(On Non-Judicial Stamp paper of value not less than Rs. 300/-)

KNOW ALL MEN BY THESE PRESENTS that we, _______ by this SAFETY CUM

INDEMNITY BOND Executed on this _____________ Day of _________ 2013. I/We

Having Registered Office _______________________________(herein after called

“THECONTRACTOR” which expression shall mean and includes my /our heirs,

executors, administrators and legal representatives, successors and permitted assigns)

do hereby binds myself/ourselves and also our company/firms after having the power to

bind by this promise and undertaking in favour of the Gujarat Energy Transmission

Corporation Limited (GETCO), Vadodara a State Transmission Utility under The

Electricity Act, 2003 having its registered office at Sardar Patel Vidyut Bhavan, Race

course, Vadodara.( hereinafter called as GETCO, which expression shall mean and

include its legal representative, administrators assigns) has agreed under the terms and

conditions of the contract no.______ dated_______made between __________ and

___________for the contract of the ____________value of Rs. __________ interalia on

production of Safety Cum Indemnity Bond.

We do hereby undertake and agree to Indemnify and keep Indemnified GETCO from

time to time to the extent of Rs.______ Rupees________only against any losses or

damages, costs, charges and expenses caused to or suffered by reason of the

CONTRACTOR while Project, R&M, O&M work including work carried out by

outsourcing agency, failing to take proper care or not complying the guidelines given

hereunder as per Annexure-A and instructions which may be given from time to time

during the continuance of the contract and we further undertake to unconditionally pay

the amount claimed by the GETCO on demand and without demur to the extent

Whereas the CONTRACTOR has/have been awarded to execute the job/works under

order no._____, dated ______ for _________ issued by the GETCO after having

observing necessary formalities, the details of which is described in the order

no.______ dated ______ and whereas the said job/works will be /likely to be done in

places covered under Employees’ State Insurance Act,1948 (ESI) and /or the Workmen

Compensation Act,1923 and /or other laws relating to the Labour Management and

Welfare Act. (Respective Amendments)

And whereas according to the condition of the Contract the CONTRACTOR is under

obligation to execute this Safety cum Indemnity Bond before the commencement of

actual execution of work

Now the indenture witnesses that I/We the CONTRACTOR do hereby undertake to

follow the guidelines as per Annexure-A prepared by the GETCO.

Further we the CONTRACTOR agree that the GETCO shall be sole judge of and as to

whether there has been any breach of the guidelines as per Annexure-A of this bond

and as to the extent of the loss, damages, costs, charges and expenses caused to or

suffered by the GETCO.

We the CONTRACTOR further agree that our liability under this bond shall not be

discharged because of the change in the constitution of the GETCO or for the extension

of the time limit or for any other reason.

We the CONTRACTOR further agrees to the given terms and conditions

a. That the CONTRACTOR undertakes /undertake to indemnify and keep harmless

the GETCO from all claims, actions, proceedings and risk, damage danger to any

person whether belonging or not belonging to the. CONTRACTOR.

b. That the CONTRACTOR shall keep harmless the GETCO from all claims,

compensation, damages any proceedings in respect of any of its employee / workmen

under the Workmen Compensation Act or any other laws for the time being in force.

c. That, if during the course of execution of work as stated in the contract order

mentioned hereinabove issued by the OBLIGEE, it is found that the CONTRACTOR

has not complied with guidelines as per Annexure-A or terms and conditions /

formalities within the meaning of Employees’ State Insurance Act,1948 (ESI) or

Workmen Compensation Act 1923 or any other laws relating to the Labour Welfare for

the time being in force, and also has not observed the safety norms in accordance with

the law prevailing at the place of work/job to the satisfaction of the GETCO, the GETCO

shall have the right to stop the execution of work/job and the period of such stoppage

shall not be taken into account for the calculation of the total period of completion of

work for which the CONTRACTOR is responsible to complete the work/job and it will be

deemed that discontinuance was due to default of the CONTRACTOR .

d. That, if any time, due to exigency, GETCO as the Principle Employer, becomes

liable to pay any such compensation mentioned hereinabove, whether on failure of the

CONTRACTOR or for any other reason, the GETCO shall have the right to recover the

said amount from any amount receivable by GETCO or any bank guarantee deposited

or anything payable whether in connection with this contract or other contract by the

CONTRACTOR to the OBLIGEE.

e. That the CONTRACTOR is/are aware and accept that for the persistent or

repeated violation of any guidelines as per Annexure-A and terms and conditions

mentioned in this Safety cum Indemnity Bond, GETCO shall have right to terminate the

contract of work issued to the CONTRACTOR.

f. In case if any safety related fatal Electrical / Mechanical accident occurred to any

employee of agency or outsider due to negligence or non-compliance of GETCO safety

norms then in addition to the compensation and liability as per statutory requirement,

contractor / agency is hereby agreed to pay the penalty amount as given below:

Sr. No Amount of Contract in Rs. Penalty amount

1 Up to _1 Lac Rs.5, 000/-

2 Above1 Lac to _ 10 Lacs Rs.40, 000/-

4 100 Lacs 1.0 % of contract value

g. I/We the CONTRACTOR hereby confirm that in case of any dispute/difference

for settlement of claims under this Safety Cum Indemnity bond the courts in Gujarat

State wherever job/work is performed or as per GETCO norms shall have the

jurisdiction to decide the rights & liabilities of the parties while adjudicating the matter of

claims under this Safety Cum Indemnity Bond.

h. This Safety cum Indemnity Bond shall continue and hold good until it is released

by the GETCO in Writing on the Contractor’s application after the Contractor has

discharged all his obligations under the order mentioned hereinabove and submitted a

“NO DEMAND CERTIFICATE” from the GETCO under the said order. The Safety cum

Indemnity Bond shall be valid for a CONTRACT PERIOD and renewable thereof (Claim

i. This Safety cum Indemnity Bond and the guidelines as per Annexure-A herein

contained are in addition to and not by way of limitation or substitution for any other

guarantee, indemnities Hereto before given to the GETCO by the CONTRACTOR and

this indemnity does not Revoke or limit such indemnities or guarantees. IN WITNESS

WHEREOF the Parties hereto have executed this indenture the day the year First

hereinabove written.

(Signature with seal of The CONTRACTOR)

In the presence of:

GUJARAT ENERGY TRANSMISSION

CORPORATION LTD

TRANSMISSION CIRCLE OFFICE,

Tender No: MTC/032026/n-13

Dismantling & Shifting/Dragging of 220/66 kV 160MVA Transformer at 400kV Veluda

S/s of Patan AM Division of Mehsana Circle.

SUBMIT THROUGH n-code only.

NAME OF WORK: Dismantling & Shifting/Dragging of 220/66 kV 160MVA Transformer at 400kV Veluda S/s of Patan AM Division of Mehsana

Sr. Particulars Qty. Unit Rate Amount (Rs.)

Dismantling: - Dismantling of 220/66 KV Class, 160 MVA Power transformer including draining of

oil, blanking, stacking /shifting of material in the site store.

Dragging: 220/66kV Class, 160 MVA Transformer main tank up to 25 Mtr. (to put it from plinth) &

2 25 Mtr. Mtr/Per 99.00

up to any lead for any capacity (Transportation wt. – 119.3 MT considered)

Sub-Total (Rs.)

Total Estimate cost (Rs.)

Rs. Five Lacs Fourteen Thousands Four & Fifty- Nine only

Transformer Detail Qty. Calculation unit

Total WT 180.0 MT

Oil WT 40.75 MT

Accessories (As per Corporate standard) 20.00 MT

Tank WT for transportation (Total Wt.-Ass.-Oil WT) 119.3 MT

A Estimated Amount (Rs.)

B Percentage above / below = ___ % of (A) above /Below in Amount (Rs.)

C Total quoted price (A+B) (Rs.)

Total amount of My Tender/Bid is Rs. __________________

Total amount of My Tender/Bid is Rs. __________________

Signature of Contractor.