WANAKBORI THERMAL POWER STATION DISTRICT KHEDA … · Any clarification regarding the tender shall...

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Gujarat State Electricity Corporation Limited.

WANAKBORI THERMAL POWER STATION DISTRICT KHEDA

GUJARAT

WEB TENDER NOTICE NO. 740/13 / W

RFQ NO.- 26625

TECHNICAL BID

TENDER FOR THE WORK OF

Providing and applying oil paint to existing grills, APEX paint & other misc.civil works at various public location in colony area @ WTPS.

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Gujarat State Electricity Corporation Limited. WANAKBORI THERMAL POWER STATION

DISTRICT KHEDA

Name of work: - Providing and applying oil paint to existing grills, APEX paint & other misc.civil works at various public location in colony area @ WTPS.

INDEX SECTION-A: Tender Notice Acknowledgement of Tender Fee… SECTION-B: General Instructions to the Bidder Project Synopsis / Declaration Form Pre-Qualification criteria’s Forms and formats for Information / Data Work and site condition Scope of work SECTION-C Generalized Terms & Conditions for works contract with respect to the aspect Works contract agreement and Legal including Industrial law and Labour relations SECTION-D

•••• Additional terms & conditions •••• Special conditions for use of cement in work •••• Details Of Bank •••• Circular-I •••• Safety rules •••• Certificate-A •••• Integrity Pact.

SECTION-E Tender and Contract for works & Condition of Contract SECTION-F Technical Specification PRICE BID Schedule-B

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SECTION-A

Contents:

� Tender Notice……………………….…........................... ..........

� Acknowledgement of Tender fee………………………….…....

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(A) Commercial Bank - KOTAK MAHINDRA BANK, YES BANK, INDUSIND BANK, RATNAKAR BANK. (B) Regional Rural Banks of Gujarat - DENA GUJARAT GRAMIN BANK. (C) Co Operative banks of Gujarat - THE KALUPUR COMMERCIAL CO-OPRATIVE BANK LTD, RAJKOT NAGARIK SAHAKARI BANK LTD, THE AHMEDABAD MERCANTILE CO-OPERATIVE BANK LTD, THE MEHSANA URBAN CO-OPERATIVE BANK LTD., NUTAN NAGARIK SAHAKARI BANK LTD. The tender will be opened in the presence of contractors who wish to remain present at the time of opening. The Chief Engineer reserves the right to reject any or all tenders without assigning any reasons thereof. Any clarification regarding the tender shall be obtained before opening of the tender. N. B. (1) Tender will be accepted only by RPAD.

(2) Each tender should be posted separately. (3) Tenderer should quote the reference of payment of EMD i.e. DD No. Date. Tenderer should also certify as unconditional tender on tender cover it self. The tender without payment of EMD will not be opened or considered. (4) Tender Fee will be accepted by DD only in favor of ‘GUJARAT STATE ELECTRICITY CORPORATION LTD.,’ payable at Dena bank, Wanakbori TPS & EMD will be accepted by DD in favor of ‘GUJARAT STATE ELECTRICITY CORPORATION LTD.,’ payable at Dena bank, Wanakbori TPS or by Bank guarantee issued by banks mentioned above. (5). Tenderer shall note that they possess E.P.F. code no. (under employee provident fund organization Regional office Ahmedabad directive), Obtained from the concerned authorities of their respective Jurisdictions. In the event of non possessing of the separate P. F. code No. as detailed in the forgoing Para the offer shall summarily not be considered for the acceptance despite the offer being the lowest quoted offer in the price bid opening. Tender fee will be accepted only by Demand Draft on any nationalized bank/scheduled bank, drawn in favor of “GUJARAT STATE ELECTRICITY CORPORATION LTD” payable at Dena Bank, Wanakbori T.P.S.

Tender without EMD and tender fee shall be rejected. Two separate Demand Drafts for tender fee and EMD should be submitted.

SIGN OF CONTRACTOR Chief Engineer (C & O) GSECL, WTPS.

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Gujarat State Electricity Corporation Limited. WANAKBORI THERMAL POWER STATION

Tender for the work of: Providing and applying oil paint to existing grills, APEX paint & other misc.civil works at various public location in colony area @ WTPS.

TENDER FEE PAID VIDE DEMAND DRAFT NO.______________________ ________________

DATED ____________________ RS.________________________.

EARNEST MONEY DEPOSIT PAID VIDE D.D. NO.___________________

________________DATED ____________________ RS. _____________________ .

NOTE: THE UNDER SIGNED RESERVES THE RIGHT TO REJECT ANY OR ALL TENDERS WITHOUT ASSIGNING ANY REASONS THEREOF. THE E.M.D. WILL BE ACCEPTED BY D.D. IN FAVOUR OF 'GUJARAT STATE ELECTRICITY CORPORATION LTD., PAYABLE AT DENA BANK WANAKBORI BRANCH OR BANK GUARANTEE ISSUED BY FOLLOWING BANKS WILL BE ACCEPTED

(1) ALL NATIONALIZED BANK Including Public Sector Bank – IDBI Ltd. (2) PRIVATE BANKS WHICH ARE

(a) AXIS BANK ( b ) HDFC BANK (c ) ICICI BANK. THE BANK GUARANTEE WILL BE ACCEPTED.OF OTHER BANKS AS LISTED BELOW. (A) Commercial Bank- KOTAK MAHINDRA BANK, YES BANK, INDUSIND BANK (B) Regional Rural Banks of Gujarat - SAURASTRA GRAMIN BANK, BARODA GUJARAT GRAMIN BANK, DENA

GUJARAT GRAMIN BANK,) (C) Co Operative banks of Gujarat - THE KALUPUR COMMERCIAL CO-OPRATIVE BANK LTD, RAJKOT

NAGARIK SAHAKARI BANK LTD, THE AHMEDABAD MERCANTILE CO-OPERATIVE BANK LTD, THE MEHSANA URBAN CO-OPERATIVE BANK LTD.

SIGN OF CONTRACTOR Supdt. Engineer (Civil) GSECL WTPS.

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SECTION-B

Contents:

� GENERAL INSTRUCTIONS TO THE BIDDER

� PROJECT SYNOPSIS � PRE- QUALIFICATION CRITERIA

� WORK AND SITE CONDITIONS

� SCOPE OF WORK

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GENERAL INSTRUCTIONS TO THE BIDDERS

Contents:

1. INTRODUCTORY 2. SCOPE OF WORK IN BRIEF 3. QUALITY OF WORK 4. TIME LIMIT OF WORK 5. BIDDER’S ELIGIBILITY 6. METHOD OF APPLYING 7. TENDER VALIDITY PERIOD 8. SINGLE STAGE 9. REGULARITIES IN BID QUOTING 10. ACCEPTANCE OR REJECTION OF BID 11. BIDDER TO STUDY, ANALYSE & CONSIDER 12. CONTRACT AGGREMENT ON ACCEPTANCE 13. MATTERS RELATED TO EXECUTION OF WORK 14. INPUTS BY GSECL 15. PAYMENT OF WORK DONE 16. RECOVERIES 17. MISCELLANEOUS

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WANAKBORI THERMAL POWER STATION

GENERAL INSTRUCTIONS TO THE BIDDERS 1.0 INTRODUCTORY: a) Sealed percentage rate tenders are hereby invited for Providing and applying oil

paint to existing grills, APEX paint & other misc.civil works at various public location in colony area @ WTPS .

b) Bids are invited under a Single Stage - Two cover bid system which includes the

process of post-qualification of the bidders. Bidders are to submit two sealed covers / envelopes simultaneously (1) Technical bid and (2) Price – bid. The technical bid shall contain:

� The EMD and Tender fee for the work, � Bidder's data on his technical and financial strengths, � Experience profile, � Work methods, approach, construction programmed etc. to meet with Pre-

qualification criteria and The price – bid shall contain the price proposal. c) The Technical bid proposal will be opened first to evaluate the data and information for Pre-

qualification. The bidders who are found fit to qualify will be invited for opening of the price bid. d) The GSECL as an owner reserves its absolute and unchallengeable right to qualify or

disqualify one or all bidders by following an objective and transparent system. e) GSECL reserves the right to split the work to one or more bidders considering the technical and

financial capacity or reject any or all bidders without assigning any reasons. 2.0 SCOPE OF WORK IN BRIEF:

The work shall be carried out according to the enclosed General Conditions, Technical Specifications and the working drawings etc. specified in tender document approved by the GSECL.

3.0 QUALITY OF WORK:

The specifications are intended as a general description of quality envisaged for materials, workmanship and of the finished work; it is not intended to cover all the minute details. The work shall be executed in accordance with the best modern practice and to the complete satisfaction of the Owner. Special techniques approved by the owner shall be used if and where found necessary without any extra claim. These specifications shall have precedence if anything contrary to this is stated elsewhere in the Tender documents. The owner’s decision shall be final and binding on the contractor on any issue arising out of such discrepancies.

4.0 TIME LIMIT OF WORK : Work under this contract shall be completed in all respect within Three Months from date of issue of letter of commencement

5.0 BIDDER’S ELIGIBILITY

a) The bidders, who after studying to the pre qualification criteria , feel that they will be qualified can participate in this bid. The participating bidders shall be subjected to assessment of their technical and financial competence to carry out the work under this tender as per the Pre Qualification Criteria. The bidders qualified under this process will only become eligible for opening of their price bid.

b) Bidders shall provide evidence of their continued eligibility to the satisfaction of the owner, as the owner shall reasonably request.

c) Bidders shall not be listed under a declaration of ineligibility for corrupt or fraudulent Practices issued by the Govt., the list of black listed Contractors announced by GSECL (erstwhile GEB) Govt. of Gujarat or its Public Sector undertakings or the

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contractors who are under stop dealing

d) The bid, and in case of a successful bid, the Form of Contract Agreement, shall be signed with the name of Firm / company which will be legally binding on all partners / parties.

6.0 METHOD OF APPLYING: a) If the application is made by an individual , it shall be signed by the individual above his full typed

written name and current address.bIf the application is made by a proprietary firm. It shall be signed by the proprietor above his full typed written name and the full name of his firm with its current address.

b) If the application is made by a partnership firm , it shall be signed by all the partners of the firm

above their full type written names and current addresses or alternatively by partner holding power of attorney for the firm in which case a certified copy of the power of attorney shall accompany the application. A certified copy of the partnership deed, full names and current addresses of all the partners of the firm shall also accompany the application.

a) If the application is made by a limited company or a Corporation, it shall be signed by the

authorized person holding power of attorney for signing application in which case a certified copy of the power of attorney shall accompany the application. Such Limited company or Corporation may be required to furnish satisfactory evidence of its existence before the post qualification evaluation. They should also furnish Articles of Memorandum of Association. If the application is made by group of companies, it shall be signed by the authorized person. The authority letter shall be accompanied with the application.

b) Contact person & signing authority

Each tender shall contain the name, residence and place of business of person or persons dealing the tender and shall be signed by the Bidder with his usual signature. Tender by partnership firm shall furnish the full names of all partners. It shall be signed with the name of partnership firm by one of the members of the partnership or by an authorized representative followed by the name and designation of the person signing. Tenders by corporation shall be signed with the legal name of the Corporation followed by the name of the state of incorporation and by the signature and designation of the president, secretary or other person authorized to sign it in the matter with rubber seal of the Company.

7.0 TENDER VALIDITY PERIOD:

Tender shall remain open for acceptance for a period of 180 days from the date of opening of Technical bid and during this period no bidder shall be allowed to withdraw his tender. Any such withdrawal during the said period will entail forfeiture of the earnest money deposit submitted along with the tender and the GSECL may take further action like “not dealing” with such bidder in future tenders of GSECL or any company under GUVNL

8.0 SINGLE STAGE A. TECHNICAL BID The bidder shall have to submit hard copy of EMD & Tender fee demand draft along with following documents along wih Technical Bid.

I. Attested copy of Registration Certificates under class “E-2” etc. as stated in tender notice.

II. Attested copy of document showing “Provident Fund Number in Company’s name” obtained by the bidder. Attested copy of Company Registration or Partnership Deed

III. Attested copy of Power of Attorney , if any for signing the bid documents. IV. Attested copy of latest Solvency Certificate issued by Nationalized bank or IDBI /

ICICI / HDFC / AXIS bank and The Kalupur Commercial Co. Op. Bank Ltd. only. V. Attested copy of work experience certificate for the similar nature & magnitude of

works executed as per qualification criteria.

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VI. List of works in progress . VII. Details of equipment, tools & plants immediately available with the Bidder for use

of this work. VIII. Details of technical personnel .,PAN For TDS

Declaration form on stampaper of Rs. 100.00

Explanation: I. Earnest Money Deposit (EMD)

EMD at the rate of 1% of the value of the estimated cost is payable. The EMD is payable by Demand Draft in favour of the Gujarat State Electricity Corporation Limited on any Scheduled / Nationalized Banks . It can also be furnished by way of an irrecoverable Bank Guarantee from any nationalized Bank in a standard format prescribed by the GSECL (Format given in this tender document). And if this amount is more in respect of tender value of Rs.1 Crore, it should be partially (50%) in cash or by DD in favour of Gujarat State Electricity Corporation Ltd on any Scheduled Bank in Vadodara and balance 50% by Bank Guarantee from any Scheduled / Nationalized Banks except Cooperative Banks,in a standard format prescribed by the GSECL (Format given in this tender document). Cheques are not acceptable. CORPORATE GUARANTEES NOT ALLOWED. Small Scale Industries/NSIC will, however, be consi dered for exemption from payment of EMD subject to furnishing of the authenticated notary certified copy of the certificate of Registration with Small Scale Industries. The SSI/NSIC certificate should indicate the manufacture of items offered under this tender. Provisional SSI/NSIC Registration Certificates are NOT allowed. Government or Semi-Government Organizations, which are run departmentally & are not limited Companies, will be eligible for exemption from payment of E.M.D.No Interest will be allowed against payment of E.M.D.

The Earnest Money Deposit will be accepted by Demand draft in favor of ‘GUJARAT STATE ELECTRICITY CORPORATION LTD.,’ payable at Dena bank Wanakbori TPS or by Bank Guarantee issued by following banks will only be accepted.

(1) ALL NATIONALIZED BANK Including Public Sector Bank – IDBI Ltd. (2) PRIVATE BANKS WHICH ARE

(a) AXIS BANK ( b ) HDFC BANK (c ) ICICI BANK. THE BANK GUARANTEE WILL BE ACCEPTED.OF OTHER BANKS AS LISTED BELOW. (A) Commercial Bank- KOTAK MAHINDRA BANK, YES BANK, INDUSIND BANK (B) Regional Rural Banks of Gujarat - SAURASTRA GRAMIN BANK, BARODA GUJARAT

GRAMIN BANK, DENA GUJARAT GRAMIN BANK,) (C) Co Operative banks of Gujarat - THE KALUPUR COMMERCIAL CO-OPRATIVE BANK

LTD, RAJKOT NAGARIK SAHAKARI BANK LTD, THE AHMEDABA D MERCANTILE CO-OPERATIVE BANK LTD, THE MEHSANA URBAN CO-OPERATIVE BANK LTD.

a) Payment of EMD in form of Cheque shall not be ac cepted.

b) The EMD shall be submitted along with submission of Technical bid only.

c) Tenders not accompanied by EMD shall be rejected as non- responsive

d) lf during the tender validity period, i.e. 180 days, the Bidder withdraws his tender then the EMD shall be forfeited and the Bidder may be disqualified from tendering for further works.

II. The bidders requested to pay the tender fee amount by only a separate demand draft on any Nationalized or IDBI/ICICI/HDFC / AXIS bank and The Kalupur Commercial Co. Op. Bank Ltd. in favor of Gujarat State Electricity Corporation Ltd. payable at Dena bank Wanakbori TPS

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III. Attested copy of Registration Certificates under class “E-2” . as stated in tender notice, with the date & place of Registration shall be submitted as per qualification criteria.

IV. The bidder shall have a separate Provident Fund Code of RPFC in the name of company. The bidder, who does not posses such separate P.F. code, shall not be considered for acceptance of tender. The contrac tor has to submit such certificate showing P.F. code along with the tender.

V. An attested copy of the constitution of the firm with the name of proprietor or partners or directors, the place of business, it's authorized, subscribed & paid up capital & other relevant information shall be furnished.

VI. Each tender should be accompanied by a Solvency Certificate from a Nationalized Bank or IDBI/ICICI/HDFC/ AXIS bank and The Kalupur Commercial Co. Op. Bank Ltd. (situated in India) regarding the Bidders' financial stability to the extent of 20% of the estimated cost of the work tendered.

VII. Work Experience:

Each Bidder shall also submit a Declaration to the effect that the Bidder has successfully carried out works of this nature and has adequate organization and experienced personnel to handle this type & magnitude of work. Attested copy of work experience certificate for the similar nature & magnitude of works executed shall be submitted as per post qualification criteria.

VIII. Details of the other works tendered & on hand on date of submission of this tender. IX. Details of equipment machineries, plant & tools, tackles immediately available with the

Bidder for use of this work. X. Details of technical persons shoud be submitted.

B) PRICE BID – The price bid shall have to be submitte d online only.

Percentage quoted shall include cost of all: i) Materials, wastage of material,

Labour for all leads and lifts, Supervision, setting out works, Machinery and equipment with its mobilization / demobilization, transportation charges, Clearing of the site both prior to commencement and after completion of work. Consumables such as, but not limited to petrol, oil, diesel, lubricants, drill bits, pipes, ropes etc. Construction facilities such as scaffolding, tarpaulins, wind break, etc. Taxes, duties, royalties, Octroi, entry tax, works contracts tax, and any other levies payable on all transactions, etc. Overheads / profits of Contractor for due performance of the work under this contract. All royalties , sales tax, toll tax, local tax, development charges, VAT tax, and any other taxes including works contract tax etc. in respect of this contract and also any statutory variation in future towards above mentioned taxes & any other taxes if levied in future by statutory authority applicable to the this contract shall be payable by the Contractor and GSECL will not entertain any claim whatsoever in this respect. The rates will be "Excluding the service tax'. The reimbursement against “Service tax" will be paid to the contractor as per Govt., rules & regulations.

The Proof of payment made by the contractor to the appropriate department shall be submitted to GSECL, failing which appropriate amount shall be withheld on getting information / instruction from the concerned department.

On award of contract, the contractor shall have to pay 1% welfare cess to concern department on estimated cost of work, the proof of payment shall be submitted to GSECL for reimbursement.

9.0 REGULARITIES IN BID QUOTING:

a) The percentage rates and price shall be written both in words, and figures and the units in words. In case of any ambiguity or mistakes, the unit rates and prices written in words

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shall be considered as final. 10. ACCEPTANCE OR REJECTION OF BID

a) The GSECL reserves the right to accept any tender irrespective of whether it is lowest or not or to reject all the tenders without assigning any reasons thereof. Tenders departing from the stipulated technical specifications, commercial conditions or the method of bidding in a radical manner are liable to be rejected.

b) The bid is liable for rejection prima facie, if it is : Without payment of EMD / TENDER FEE. Received after expiry of the due date and time.Submitted by bidders who are listed under declaration of ineligibility for corrupt or fraudulent practices issued by the Government, the list of Black listed or under stop dealing contractors announced by GSECL Govt. of Gujarat or its Public sector undertaking.

Tenders not fulfilling all the above conditions and those specified in the documents

attached or incomplete in any respect are liable to rejection .

c) The EMD will be return ed promptly to the unsuccessful tenderer except that of L1, L2 & L3 till the successful contractor pays the Security Deposit as mentioned in tender document or after the expiry of the validity of the offer, which ever is earlier.

The EMD will be returned to the successful tenderer after he furnishes the Security Deposit for the tender work and duly enters in to the contract. If he fails to furnish the SD or to execute the contract agreement for the work offered to him, his EMD shall be forfeited and the tenderer may be disqualified from tendering for further work.

d) Effect and validity of Bid: The submission of bid with these documents and specification

shall constitute on agreement that bidder shall have no cause of action or claim against the GSECL for rejection of his bid. The GSECL shall always be at liberty to reject or accept, split any bid or bids at its sole discretion and any action will not be called into question and the bidder shall have no claim in that regards against the GSECL.

11.0 BIDDER TO STUDY, ANALYSE & CONSIDER:

.a) The information given in this specification is in good faith and meant to serve as a guide to the Bidder. It is, therefore, imperative that Bidder shall obtain and examine for himself all the data, information and particulars required for the satisfactory execution of the work under this tender. The submission of a bid by Bidder implies that he has fully read the specifications, bid drawings, Contract Document and General Conditions of Contract and has made himself aware of the scope and the specifications for the work to be performed and local conditions and other features which have a bearing on the cost and execution of the work.

b) Inspection of site by bidder :

Before submission of his bid, Bidder shall inspect the site, examine and obtain all information required and satisfy himself regarding matters such as :

� weather characteristics, � Location of site and access, right of way, means of communication & mode of

transport to site, � The type and number of equipment and facilities required � The quantity of various items of the work, � The availability and rates of material, � Labour condition, � Local working conditions, obstructions and hindrances that may arise etc. � Power house, which is under running conditions. � Required GSECL’s security checks. � All materials brought to site only after making entries in security register at

control gate These factors are likely to affect the satisfactory completion of work and or cost thereof. The submission of a bid by the Bidder will be construed as evidence that such an examination was made and any later claims/ disputes in regard to rates quoted shall not be entertained or considered by the GSECL.

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The site visit shall be done by the bidder on his own responsibility and all liabilities including cash, arising out of the site visit shall be at the bidder’s account.

d) Contractor’s scope of work shall also include making all necessary arrangements for access to work sites, stores and site offices etc. from the nearest approach road to facilitate transportation of man power, machinery and equipment duly considering the existing site conditions. No extra claims / costs will be entertained by GSECL.

e) The bidder shall carefully study the work to be carried out & consider all the factors & shall take into account & consider all the factors such as lead, lift, haulage of materials, sequence of construction, etc. & shall allow for all such information / data in the rates quoted.

The GSECL will not pay any extra charges or rate for any reason in case the contractor claims, after acceptance of contract to have misjudged the site condition. Ignorance of the intents and contents of the specification document and site conditions shall not be accepted by the Owner as basis for any claims for compensation.

f) The rates quoted by Bidder shall be based on his own knowledge and judgment ofthe conditions and hazards involved and shall not be based on any representations of the Engineer. No claim on this account shall be admitted by the GSECL.

12.0 CONTRACT AGGREMENT ON ACCEPTANCE :

a) The successful contractor will have to sign an agreement as per the Gujarat State

Electricity Corporation Ltd.'s rules on stamped paper and the necessary stamp duty charges shall be borne by the contractor.

b) On acceptance of the tender the name (s) of the accredited representative (s) of the tenderer who would be responsible for taking instructions from the Engineers of the GSECL shall be communicated to Chief Engineer (C&O,) Gujarat State Electricity Corporation Limited. WANAKBORI THERMAL POWER STATION

13.0 MATTERS RELATED TO EXECUTION OF WORK :

a) Work shall commence from the date given in letter to commence the work by EIC at

site. The Contractor shall make all necessary arrangements at site to mobilize labour, operators, divers and materials and maintain necessary number of machinery and equipment, barge, pontoons etc., to guarantee the agreed rate of progress of work as per schedule.

b) A work schedule with PERT / Bar Chart for carrying out the work in prescribed time

limit mentioning date of commencement, activity to be carried with its time period, starting & finishing event for each activity, completion of total project in critical path etc, shall be jointly fixed and approved by the GSECL. Such approved schedules must be strictly adhered by the Contractor.

After the GSECL has agreed with the schedule, the Contractor shall prepare detailed program of each work front / activity breaking it down to daily quantifiable measure of progress. The schedules are to be reviewed periodically with the Owner / E.I.C to ensure that the completion date will be met or to institute corrective steps (at no extra cost to the GSECL) to adhere to the completion dates. The Owner reserves the right to revise the schedule at his discretion in order to keep up to the completion date and to suit the project requirement and such alterations shall not entitle the Contractor to any extra payment.

c) The GSECL reserves the right to delete any item of schedule-B for which contractor

shall not have any right to claim on this account.

d) The contract or any part thereof shall not be subject to change without the written permission of the I/C Chief Engineer (C&O) GSECL, WANAKBORITPS or his authorized representatives.

e) During the execution of the work if it is found that the work is not progressing as per the

scheduled program approved by the GSECL & planned by the contractor, due to the reasons attributable to the contractor, suitable action shall be taken as per Clause No. 2, 3 & other relevant clauses appearing in the section of “Terms & condition of tender & works contract Legal conditions of works contract” of tender document. And the GSECL

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may also take such action as it may deem fit to ensure that the work is completed in time at Risk and Cost of the contractor.

f ) Contractor shall attend meetings at EIC's office at site or any other place as fixed by the

EIC, as and when required for review, discussion, coordination etc. Attending these meetings shall be obligatory on the part of the Contractor, at no cost to the GSECL.

g) The Contractor shall take all requisite & necessary care to observe that no damage is

caused to the existing, pumps, existing works, service road, or any other structure etc. For any damage to the existing structures of the GSECL, the Contractor shall be held responsible and he will have to rectify the damage immediately up to the satisfaction of Engineer in Charge, at his own cost.

h) The work shall be completed within the period stipulated in the contract. & site clearance

arranged according to the progress of work at site. Therefore, the contractor has to organize & coordinate the work to suit these circumstantial conditions. In the event of any delay due to the above or due to any other reason not attributable to the contractor, reasonable extension in completing the work may be given at the discretion and as decided by the GSECL but no compensation or idle charges will be payable to the contractor on this account or any site conditions under any circumstances.

i) No idle charges shall be entertained by GSECL for any site condition or any

circumstances. 14.0 INPUTS BY GSECL :

a) The electric power connection for construction / work purpose shall be given at one mutually agreed point at work site free of cost by the GSECL. Further extension will have to be carried out by the contractor as per requirement at their cost. The necessary consumption charges will be recovered as per the tariff rate of GSECL from time to time as per GSECL's rules.

b) If there are any surplus quarters available after meeting the requirement of GSECL's staff, then GSECL will consider allotment of quarters on rent as per GSECL's rule.

c) The contractor will have to make their own arrangement of water for construction

work as well as for their labourers at his own cost. If possible, water for construction purpose only at one point as decided by EIC and recovery for water charges shall be affected at the 2 % of the item of which water is used or by meter reading of water meter installed by contractor at prevailing rates of GSECL, for water supplied by GSECL is used as certified by EIC.

15.0 PAYMENT OF WORK DONE: R.A. bill shall be presented by the contractor which will be subject to joint checking of

measurements and fulfillment of statutory rules and regulations before release for payment. Payment shall be released on the availability of funds with the GSECL. No interest charges or any other expenses due to delay in payment etc. will be given. An adhoc payment shall be released @ 75 % against the bill submitted subject to adjustment in next R.A. Bill.

16.0 RECOVERIES :

a) In case of any damage to equipment / machinery or structure / building of GSECL or

any public property due to negligence of contractor or any other reasons attributed to contractor, the decision of E.I.C. regarding the amount of recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the time frame

given, the GSECL shall get the work done through any other contractor at the risk and cost of the contractor and the cost of execution of such work along with 15% overhead charges shall be deducted from contractor’s monthly bill over and above recovery as per rules .

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17.0 MISCELLENEOUS:

a) In case of conflict / discrepancies among clauses of different specifications given in this document, the stringent specification shall be followed and under such circumstances, the decision of the EIC shall be final and binding to the Contractor.

b) The Notice inviting tender, general instruction to bidders and all other documents of this

tender shall form part of the contract .

Further information required , if any, can be had from the office of the Chief Engineer, GSECL, Wanakbori TPS. But it must be clearly noted that the tenders must be received complete in every respect by the due date and time.

I / We accept the above conditions. Legible Signature of Contractor's Representative: __________________ Name of the person: _________________________________________

Seal of the company

Date & place: Supdt. Engineer (Civil) GSECL, WTPS

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(To be submitted duly Notarized on Rs. 100/- Stamp Paper)

DECLARATION FORM

1. I/We hereby declare that I/We have carefully studied the entire tender placed on the WEB site and conditions of contract, specifications and other documents of this work mentioned in the tender and abide by the same. Also, I/We hereby agree to execute the same accordingly.

2. I/We hereby abide to execute the contract agreement by downloading the copies of the conditions of contract, specifications and other documents of this work of otherwise I/we will get copy of the same from the office of the tender inviting authority and the same will be acceptable to me/us. I/We hereby accept and confirm that any dispute on this regard shall not be entertained by the tender inviting authority.

3. I/We hereby declare that I/We have visited the work site and fully acquainted myself/ourselves with the local situations regarding materials, labor and other factors pertaining to the work before submitting the tender.

4. I/We hereby confirm that our offer is Un-conditional and without any technical & commercial deviations.

Seal & Signature of the Contractor

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Project Synopsis and Data 1.0 Introduction : WANAKBORI T.P.S. is a coal based Power plant in

Thasra Taluka Kheda District of Gujarat, India. 210 MW x 7 Units, i.e. Total 1470 MW Units are in operation at WANAKBORI T.P.S.

2.0 Purchaser : Gujarat State Electricity Corporation Ltd., Wanakbori Thermal Power station. 3.0 Engineer : Chief Engineer (C & O) 4.0 Site of Project : Wanakbori Thermal Power Station,

District – Kheda, Gujarat (India)

5.0 Nearest town : Thasra (14 Kms.) 5.1 Nearest Railway Station : 1) Sevalia (8Kms.), Broad Gauge. 5.2 Nearest Port : 5.3 Nearest Air port : Vadodara (100 Kms.) 5.4 Access Road : Wanakbori TPS is connected by State Highway connects

Sevalia to Balasinor. Approach to station site is available from Sevalia Village a fair weather road. All equipment and construction materials have to be transported by road only to site.

6.0 Site Elevation : Approx. 90.0 from MSL 7.0 METEOROLOGICAL DATA 7.1 Ambient Air temperature 7.1.1 Highest monthly mean of daily

max. temperature : 36 0 C

7.1.2 Maximum dry bulb Temperature : 44 0 C

7.1.3 Minimum dry bulb Temperature : 5.4 0 C

7.2 Rainfall: 7.2.1 Average annual rainfall : 800 mm 7.2.2 One (1) hour : 75 mm 7.2.3 Twenty four (24) hours : 470 mm 7.3 Wind velocity: 7.3.1 Maximum wind Velocity

experienced : 50 m/sec

7.3.2 Wind direction : N, NE & SW 7.4 Relative Humidity

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7.4.1 Annual mean humidity : 60% 7.4.2 Maximum humidity : 95% 7.4.3 Minimum humidity : 20% 7.5 Type of Atmosphere : Saline Corrosive-oxides of Sulphur and Chlorides

present in the surrounding air stormy dust.

8.0 Design Data 8.1 Seismic Data : As per IS: 1893-2002(Latest issue) 8.1.1 Zone : Zone V, Importance factor = 1.5 8.1.2 Intensity : IX 8.2 Ambient temperature : 50 0 (Unless specified otherwise)

*****

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Pre Qualification Criteria

INDEX

Contents:

1 EMD 2 TENDER FEE

3 REGISTRATION AS APPROVED CONTRACTOR

4 PROVIDENT FUND CODE

5 BANK SOLVENCY

6 WORKS EXPERIENCE

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WANAKBORI THERMAL POWER STATION

SCOPE OF WORK

1.0 SCOPE:-

The Scope of work comprises: - Providing and applying oil paint to existing grills, APEX paint & other misc.civil works at various public location in colony area @ WTPS.

2.0 Schedule of Payment 2.1. Payment: Payment shall be made according to the items of schedule – B & their

specifications, terms and condition of contract. 2.2 The Security deposit shall be kept as a retention money for a period of 03 (Three) months

from actual date of completion. If work is damaged during above period the contractor has to restore the same completely at his own cost without any extra claim.

3.0 TECHNICAL SERVICES

The technical services of the Contractor shall generally include amongst other the Following: (a) Quality control and time schedule control of site work. (b) All coordination relating to insurance & claim settlement as per General Conditions of

Contract, construction planning and scheduling and all other services till handing over of the completed Project.

4.0 SPECIAL INSTRUCTION 4.1 The Contractor shall inspect the site and satisfy himself about the actual site conditions and

collect all other information which is required by him before tendering for the work. 4.2 The Contractor shall make all arrangements to build his own stores (covered and uncovered, if

necessary) for the proper storage of materials maintain the stores and all related documents and records, unloading, handling of the equipment and materials. All security arrangements shall also be made by the Contractor.

4.3 Scope of work covers the construction and demolition of Civil Engineering Components wherever required. Work shall be carried out as per specifications and drawings.

4.4 Work shall also include provision of the following: i) All enabling works including temporary drains, storage facility for other materials, survey work, workshop etc. which are required for efficient working and timely completion of the project. ii) All other works which are required to be completed as per terms of the contract are also to be carried out by the Contractor. iii) Site leveling after dismantling and clearing away of all temporary works.

4.5 The Contractor shall provide all necessary construction tools and tackles, and other equipment

which may be required in order to carry out the work efficiently within the time schedule provided here in the Contract. Unless otherwise specified the above construction equipments brought to site shall be allowed to be taken out only after the work for which it has been brought is over. The equipments shall be taken out only with the specific permission in writing from the E.I.C. Only the equipment required for the work and in fit condition shall be brought to the site. The Contractor shall ensure that proper documentation is followed at entry gate

of GSECL's WANAKBORI T.P.S. premises for such items which shall be carried back by Contractor after completion of work.

4.6 The Contractor shall provide all temporary ladders, scaffolding materials, platforms, supports and other necessary facilities required for the work. The Contractor shall provide sufficient, strong and safe staging so as to ensure safety of the labourers. Contractor should take all risk insurance policies.

4.7 The Contractor shall erect and maintain his own site offices, main stores and site stores as required for the work as per approval of EIC and arrange for maintaining the area placed at the Contractor's disposal in a neat manner. The plans for the same shall be got approved by the E.I.C.

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4.8 The Contractor shall provide sufficient fencing/ notice board and light to protect and warn others as may be considered necessary by the GSECL and safety authority.

4.9 The Contractor shall be responsible for all the civil works in accordance with Technical Specifications and schedule-B.

4.10 The Contractor shall deploy required number of supervisory, skilled unskilled and auxiliary labour as required for the work and comply with such reasonable instructions of the GSECL Engineer-in-Charge in the interest of satisfactory progress and completion of the work according to the schedule. The Contractor shall work in required numbers of shifts per day basis for meeting the completion target, if required without any extra cost to GSECL. However, in such cases, Contractor shall obtain the prior approval from the GSECL.

4.11 The Contractor shall organize the work in a manner that other work at site or plot is not impeded and the workmen therein are not endangered and shall arrange temporary access at site, if required for the execution of work.

4.12 All safety measures as required to be adopted as per the Statutory Regulations and the Safety Rules of the Plant shall be strictly followed by the Contractor during the execution of the Contract. The Contractor shall set up a suitable safety organization of his own in this regard. The contractor shall have to follow all security rules and regulations related to plan and shall have to produce verification/identification details of all labours and employees as may be required / directed fro time to time.

4.13 In connection with the execution of the Contract, the Contractor shall comply with all applicable statutory Rules & Regulations including employment of labour at site.

4.14 The Contractor shall carry out any and all such works, as may be required, for civil work to be completed in all respect as per the Contract Specification.

4.15 If the GSECL Engineer-in-Charge is not satisfied with the progress of work at site, he shall direct the Contractor to depute more numbers of supervisory personnel / workers to meet the completion schedules as per the Contract. Upon receiving such direction, Contractor shall deploy additional personnel within 7 days without any extra cost.

4.16 All guarantees and test certificates obtained by the Contractor for the materials to be used, during the execution of work shall be submitted to the GSECL, WANAKBORI TPS before issue of Completion Certificate.

4.17 The GSECL may during the progress of work, order the removal of part or whole of the work executed, found not in accordance with the approved drawings, specifications/ instructions. No extra claims shall be entertained for re-executing or altering of such work.

4.18 On completion of the work, the site shall be left in good order and the excess materials, scraps, debris, if any shall be removed and dumped by the Contractor at place/places as designated by the GSECL. The Contractor shall also dismantle and remove the staging and other temporary facilities like stores, offices, labour camp etc. on completion of work.

4.19 The necessary plant and equipment likes , welding and gas cutting sets, shuttering material; and scaffolding pipes etc. as required for timely completion of work will be provided by contractor in consultation with GSECL’s EIC.

4.20 Contractor is required to maintain proper records at site of work in addition to normal routine requirement of own office. The records to be maintained shall include but not limited to the following: (a) Daily Progress Record. (b) Work Site Order Book. (c) Instruction by GSECL's Officers. (d) Test Registers of other materials/fittings, fixtures, equipments as stipulated in the tender. (e) Register of Drawings and Working Details. (f) Log Book of Defects. (g) Hindrance Register giving details of commencement and removal of each hindrance. (h) Supply and consumption registers of scarce/costly materials like, rubble stone, sand and gabion

etc. (i) Record of Cement used / recd.,day to day record of cement used / recd. shall be entered in the

registered and signed by the site engineer of GSECL as well as contractor’s representative at site. (j) Measurement Book. 5.0 ADDITIONAL SCOPE OF WORK 5.1 The scope of work to be carried out by the Contractor shall also include the following:

I) Clearance of the site. ii) Disposal of debris, excavated material etc. as per instructions of the Engineer-in-charge iii) Protecting and maintenance of trees, shrubs, green and other surfaces as instructed by the engineer-in-charge.

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iv) The cost of all the works shall be held to be included in the rates for various items of work.

6.0 COMPLETENESS : Any technical services as set forth here in above and which might not have been specifically mentioned in this Contract relating to the Project or in the specifications and which are not expressly excluded therefore but which are necessary for the performance in accordance with the specifications as an integral part of the Civil works shall be rendered by the Contractor without any extra cost.

7.0 CODES TO BE FOLLOWED All technical works / services to be rendered under this Contract, shall be executed in the manner set out in this Contract and in accordance with the best trade/engineering practices judged by the Indian and International Standards and its codes of practice. Wherever the codes are not mentioned best International Standards shall be followed to be approved by GSECL / Engineer in-Charge.

8.0 TOTAL RESPONSIBILITY. The Contractor shall be solely responsible for the entire technical works / services irrespective of works / services have been made / rendered by him.

9.0 INSURANCE Unless otherwise instructed, the contractor shall insure the works and keep them insured until the virtual completion of the contract against loss or damage by fire and / or earthquake, flood. The insurance must be placed with a company approved by the GSECL, in the joint names of the GSECL and the contractor for such amount and for any further sum if called to do so by the GSECL, the premium of such further sum being allowed to the contractor as an authorized extra. The contractor shall deposit the policy and receipt for premiums paid with the GSECL within 21 (twenty one) days from the date of issue of work order unless otherwise instructed. In default of the contractor insuring as provided above, the GSECL on his behalf may so insure and may deduct the premiums paid from any money due, or which may become due to the contractor.

10.0 PHOTOGHRAPHS Contractors are required to maintain a record of the progress of the various work stage wise.

11 TIME OF COMPLETION 11.1 The work covered under this tender shall be completed within Three Months from the

date of written order for commence the work 11.2 Bidder shall submit quality plan and a construction bar chart including all activities keeping

in mind the period of completion time. 11.3 The overall coordination for all works specified in the scope of work will be the

responsibility of the contractor. The contractor shall also provide adequate Supervisory personnel for works to be executed under his Scope of Work.

11.4 Any clarification/queries asked by GSECL / GSECL's representative shall have to be furnished by the contractor.

……………x……………x……………..x…………….x……………..x…………….. x…………

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SECTION – C

GENERAL CONDITIONS OF CONTRACT

1.0 Contractor to inform himself fully:

The contractor shall be deemed to have carefully examined the work and site conditions, the general conditions, the special conditions, specifications, schedules and drawing and shall be deemed to have visited the site of the works and to have fully informed himself regarding the local conditions.

If there shall be any doubt as to the meaning of any portion of these general conditions or special conditions of the scope of work of the specifications or any other matter concerning the contract, he shall in good time before submitting his tender, send for the particulars thereof and submit them to the Engineer in writing in order that such doubt may be removed. 2.0 Data to be furnished by Contractor

a) The contractor shall submit to the Executive Engineer for approval within one month of the date of contract, a layout plan of the construction plant & equipment for the execution of work, which the contractor proposes to adopt at site.

b) Prior to the commencement of work, the contractor shall submit to the Executive Engineer for approval, plan showing detailed programme for completing the work within time limit.

c) No change in the approved plan & layout shall be carried out without specific written approval of the Executive Engineer in charge.

3.0 Errors, Omissions and Discrepancies:

In all cases of errors, omissions, doubts or discrepancies in the dimensions, or discrepancies in the drgs. and items of work in specification, reference shall be made to the Executive Engineer whose elucidation and elaboration shall be considered as authoritative. The contractor shall be held responsible for the error that may occur in the work through lack of such reference and precautions.

Use of Land :

(a) The contractor shall be permitted to use for the bonafide purpose of execution of this contract free of cost.

(i) Site required for the construction of the work.

(ii) Required approach road.

(b) He will be charged the rent at the annual rate of rupees one hundred per every acre or part thereof, for the construction of temporary hutments and his store yard. However area required for such purpose may be clearly indicated in this offer.

(c) All areas of operation, including those for his staff and labour colonies handed over to the contractor shall be cleared and handed over back in good condition to the Engineer except areas under works as per this contract or those for which specific approval has been obtained from the Engineer. The contractor shall make good to the satisfaction of the Engineer any damage or alternation made to areas which he has to hand over back or to other property land handed over to him for purpose of this work.

(d)Temporary structures may be erected by the contractor for storage sheds, offices, residence etc. for noncommercial use on the land, handed over to him at his own expense and with the permission of the Engineer. These structures shall comply with the regulation that maybe in force and/or specified by the Engineer with regard, thereto. In any circumstances for constructing temporary structures for contractor's use, GSECL's free supply materials shall not be used. If it is found that GSECL's free supply materials are used for other than approved project drawings work, same will be recovered at penalized rate.

(e) The contractor shall preserve all existing vegetation such as trees on or adjacent to the

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site which do not interfere with the construction as determined by the Engineer.

(f) The contractors shall take all possible precautions in felling trees authorized for removal to avoid any unnecessary damage to vegetation and trees not to be felled and to structures under construction, or to workmen, and shall be responsible for any damage if it occurs in such operations.

(g) All produce from cutting of trees, grass etc. shall be the property of GSECL and shall be stocked at the place specified by the Engineer. No claim shall be

made for such cutting and stacking of trees or grass etc. by the contractor.

(h) The contractors shall not unnecessarily or for use as fuel, cut any trees brush wood, grass or other vegetation nor shall set fire there to without the written permission of the Engineer. When such permission is given, the contractor shall take necessary measures to prevent damage or to prevent fire spreading to surrounding property, and shall be responsible for any such damage, if caused.

(i) The land shall as herein before mentioned be handed back toEngineer immediately after the completion of the work under this contract. Also no land shall be held by the contractor longer than the Engineer shall deem necessary and the contractor shall, on due notice by the Engineer, vacate and return the land which the Engineer may certify as no longer required by the contractor for purpose of the work.

4. Start of Work :

The contractor shall not enter upon or commence any portion of the work except with the written authority of Engineer, failing which the contractor shall have no claim to ask for measurement of or payment for work and shall be responsible for any claims or damages that may arise due to such unauthorised commencement or entry.

5 Work to be executed to the satisfaction of the Engi neer:

The contractor shall proceed with the work with diligence and expedition and the whole of the work herein specified as well as the mode of execution shall be under the supervision and direction and shall be carried on to the entire satisfaction of the Engineer, who shall have full power to order the contractor to alter, enlarge or diminish the form, dimensions, positions, or quantities of any of the work or to make use of material and workmanship of different descriptions and qualities from this herein specified. The whole of the works, together with any temporary works, associated therewith, shall be carried on in the most substantial proper and workman like manner, with the best materials and workmanship and to the entire satisfaction of the Engineer and in such order of time as he may direct. The contractors shall attend to and execute without delay all orders and instruction which may from time to time be issued by the Engineer.

6 Materials Workmanship etc. :

The work shall be executed in thoroughly substantial manner with material and workmanship of best quality and strictly in accordance with the specifications and with the drawings, or with such other drawings or written instruction as may from time to time be furnished to the contractor, in accordance with terms of this contract and shall be completed in every respect with all materials and workmanship implied and necessary according to the fair interpretation and meaning of the same and should there be any discrepancy between the drawings and specifications or any difference or disputes as to the dimensions to be worked to or the quality of the materials to be used, or the mode of doing periodical quantity of the work to be executed or with respect to any subject arising out of this contract, the decision of the Engineer shall be final and binding on all parties. Rejected material shall be so disposed off as to obviate any possibility of their use on works. The place, method and period of disposal shall be as directed by the Engineer.

6 Samples of descriptive date:

Samples of descriptive date, requiring approval, shall be submitted by contractor to the

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Engineer in good time before the use of such material, to permit of inspection and testing. The samples shall be properly marked to show the name of the material, manufacture, place of origin, and place where to be used etc. Failure of any sample to pass specified tests will be sufficient cause for the refusal to consider any further sample from the same source.

7. Baseline and Grades

(i) Permanent baseline and cross line shall be established at sufficiently closed interval with bench Marks, at all corner points to serve as reference grid. The contractor shall provide at his expense all templates, pillars, stakes, equipment materials, and labours for establishing the grid lines and pillars and shall be responsible for their maintenance during the whole period of construction. These shall be laid out with prior approval of and check by the Engineer. No baseline or Bench mark or reference mark shall be used as reference line mark or level for the work without prior approval of the Engineer. The contractors are required to maintain a certified copy of such approval of reference lines marks and levels and shall not remove any of them without the prior approval of the Engineer.

(ii) The contractor shall lay out the work from this reference baseline in consultation with the Engineer and shall be responsible for the correctness of all measurements and level in connection therewith not withstanding the fact that the same might have been checked by the Engineer's staff.

(iii) The contractor shall be responsible for the proper execution of work to such lines and grades as may be specified in the drawings or established or indicated by the Engineer.

8 Contractor not to dispose off s oil etc. The contractor shall not sell or otherwise dispose off or remove except for the purpose of this contract the sand, stone, clay, ballast, earth, rock or other substances or materials which maybe obtained from any execution made for the purpose of this contract or produce upon the site at the time of delivery of the possessions of the land but also such substances materials and produce shall be the property of the GSECL and shall be disposed off in the manner and place shown in the drawing or as and where the Engineer may direct, provided that the contractor may with the permission in written of, and shall, when directed by the Engineer, use any of the same for the purpose of the work. Recovery for such materials shall be at the specified rate in this specification and or schedule of rates where no such rate is mentioned at rates which the Engineer may determine thereof.

9 Gold Silver, Minerals, Oil Relics, etc. found on th e Site

All gold, silver, oil or other minerals, of any description and all precious stones, coins, treasure relice, antiquities, and other similar things which shall be found in or upon the site shall be the property of the GSECL, and the contractor shall duly preserve the same to the satisfaction of the Engineer and shall from time to time deliver the same to such person or persons as the Engineer may appoint.

10. Fencing and lighting and ventilation

(a) Except as herein after provided, the contractor shall unless otherwise specified, be responsible for the proper fencing, guarding, lighting and taking of the necessary safety measures for all works comprised in the contract and or the proper provision of temporary roadway, footways, guards fences, caution notices etc. as far as the same may be rendered necessary by reasons for the work for the accommodation and protection of workman foot passenger or other traffic and of the owners and occupiers of adjacent property and of the public and shall remain responsible for any accidents that may occur on account of his failure to take proper and timely precautions.

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(b) Lighting : All the works & approaches shall be adequately illuminated with electric lights to the satisfaction of the Engineer. The power and lighting connections, wiring equipment shall be subject to the inspection and passing by Electrical Inspector to Government authorized under the Indian Electricity act. Any additions and alternations of omissions shall be got approved from the Engineer and got certified from the Electrical Inspector. Work spots such as faces of excavation, concreting, masonry work, grouting guniting etc., shall be adequately flood light to the satisfaction of the Engineer.

Wherever more than one agency is working in the same area, the contractor who has already provided lighting arrangements shall extend the facilities to the other contractor who shall pay for such facility at mutually agreed rates. In case of disputes, the matter shall be decided by the Engineer whose decision shall be final.

c) All the arrangements made for fencing; lighting and ventilation shall be maintained by the contractor through out the tendency of the contract till pysical taking over of the work by the department.

11. Explosive procurement and storage (if applicable)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored strictly in accordance with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper magazines which are required for the storage of explosive and arrange for proper storage facilities for oils, fuels etc. for use in connection with the work.

iii) The contractor shall at his own expense obtain such license or licenses as may be necessary for strong and using explosives, oils, fuels etc. The department shall not take any responsibility whatsoever in connection with the storage or use of explosives on the site, or any accident or occurrence whatsoever in connection therewith. All operation of the contractor in which or for which Explosives are employed shall be at risk of contractor and upon his own responsibility.

12. Liability for accidents to persons

(a) The contractor or sub-contractor shall indemnify the GSECL against any claims which may be made under the workman's compensation Act, 1923, or any statutory modification or otherwise in respect of any damages or compensation payable in consequence of any accident or injury caused, by fault of contractor or sub-contractor and sustained by any workman or other person in the employment of the contractor or sub-contractor. In every case in which by virtue of the provisions of sub-section (1) of section 12 of the workman's Compensation Act, 1923, the GSECL is obliged to pay compensation to a workman employed by the contractor or sub-contractor in execution of the work, the GSECL will recover from the contractor the amount of compensation so paid, and without prejudice to the rights if the GSECL under sub-section (2) of section 12 of the said Act any such amount shall be paid by contractor within 30 days, failing which the GSECL shall be at liberty to recover such amount of any part thereof by deducting it from any some due by the GSECL to the contractor under this contract or otherwise. The GSECL shall not be bound to pay any claim made against either of them under section 12, sub-section (1) of its said Act, except on written request from the contractor and upon his giving to the GSECL full security for all costs for which the GSECL might become liable in consequence for entertaining such claim.

b) The contractor and/or sub-contractor named in the contract shall indemnify the GSECL against all claims based upon injury or death to any person in the employ of the contractor or sub-contractor, or to third parties under paragraph (a) 2 or condition No.47 to the extent of any sums recovered under the insurance policy.

c) On the occurrence of an accident which results in the death of workman employed by the contractor or sub-contractor, which is so serious as to be likely to result in the death of any such workman, the contractor shall within 24 hours of

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happening of such accidents intimate in writing to the Engineer the fact or such accidents. The contractor or sub-contractor shall indemnify GSECL against all loss or damage sustained, by the GSECL resulting directly or indirectly from his failure to give intimation in the manner aforesaid including penalties or fine if any, payable by GSECL as a consequence of GSECL's failures, to give notice under workman's compensation Act or otherwise to confirm to the provisions of the said Act in regard to such accident.

d) The contractor will be responsible for complying with all rules and regulations and labour land applicable to him and the GSECL will not be responsible for any lapses committed by them. If there is any claim from any Govt. Authority pertaining to the contractor the same amount will be deducted from the contractor's bill.

13. Liability for damage to works or plants

i) The contractor shall during, the progress of the work, properly cover up and protect the work, and plant, and materials placed at his disposal or acquired for him by the GSECL, from injury by exposure to the weather, or any cause what so ever and shall take every reasonable proper timely and useful precaution against accident or injury to the same from any cause and shall be and remain answerable and liable for all accidents, or injuries thereto which untill the same be or be deemed to be, taken over by the GSECL, may arise or be occassioned by the acts or ommissions of the contractor or his workmen of sub-contractors, and all losses and damages to the works or such plant or material arising from such accidents or injuries as aforesaid shall be made good in the most complete and substantial manner by and at the sole cost of the contractor and to the reasonable satisfaction of the Engineer. If the contractor fails to make good such losses damages within the time given by the Engineer, the GSECL shall be at liberty to recover the amount fixed by the engineer for such losses or damages or any part thereof by deducting it from any sum due by the GSECL to the contractor under this contract or otherwise.

ii) Further the contractor shall, at all time, protect and preserve all materials, plant and equipment that he may himself have procured for the execution of the work. all reasonable requests of the Engineer to enclose or especially protect any of the above shall be expeditiously compiled with.

iii) If the Engineer considers that the work or materials or plant is not sufficiently protected by the contractor, he shall be entitled to arrange for such protection at his unfettered discretion and recover the cost thereof from the contractor.

iv) Until the work shall be or deemed to be taken, over as aforesaid, the contractor shall also be liable for and shall be deemed to have indemnified the GSECL in respect of all damage or injury to any person or any property of the GSECL or of others, occasioned by the negligence of the contractor or his workmen, or his sub-contractor, or by defective design, work or materials.

14. Materials tools and plant brought on the site of wo rk

All materials, tools and tackle of the contractor brought to and delivered upon the site for the purpose of the work shall from the time of their being so brought shall be deemed to be the property of the GSECL in its possession to be used for the purpose of the work and for that purpose only and shall not on any account be removed or taken away by the contractor or any other person without the permission in writing of the Engineer but the contractor shall nevertheless be solely liable and responsible for and loss distruction thereof or damage thereto. The GSECL shall have a lien on such materials,

tools and tackle for any sum or sums which may at any time prior to the completion of the works be due or owing to the GSECL by the contractor, under in respect of and dispose of any such materials, tools and tackle in such manner as the GSECL may think fit and to apply the proceeds in or towards the satisfaction of such sum or sums so due or owing as aforesaid but subject to such lien and power of sale and disposal such surplus materials, tools and tackle shall belong to the contractor and may be removed and disposed off by his as he may think fit.

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15. Access to site and work on site

The Engineer or his authorised representative may if he consider fit from time to time enter upon any lands which may be in the possession of the contractor under this contract, for the purpose of executing any work not included in this contract and may execute such work not included in this contract by agents, or by other contractors at his option and the contractor shall in accordance with the requirements of the Engineer, afford all reasonable facilities for execution of the works including occupation of lands by structure or otherwise for any other contractor employed by the GSECL and his workmen or for the workmen of the GSECL who may be employed in the execution on or near the site of the work not included in the contractor of any contract in connection with or ancillary to the works and in default, the contractor shall be liable to the GSECL for any delay or expense incurred by reason of such default. Provided always that if the exercise of those power shall cause any damage to the contractor he may within fifteen days of such damage arising make a statement of the same to the Engineer who shall from time to time assess the value in his Judgement of such damage and the GSECL shall from time to time shall pay to the contractor the amounts (if any accepted as justified) by the Engineer. The contractor shall not however, on account of any such modified, new or extra work executed by or for the same of the GSECL to entitled to claim relief from the obligation to execute other works.

16. Inspection of Works

The Engineer or his duly authorised agent shall have at all time full power to inspect the works, wherever in progress, either on the site, on the contractor's premises or at the premises wherever situated, of any firm or company where work in connection with this contract may be in hand. Further, the contractor shall not without written authorization permit entry on site or work of any person except authorised agents of the GSECL of the Engineer or the contractor's staff and labour directly engaged on and in The contractor shall, during working hours, maintain supervisors of sufficient training and experience to supervise the various items and operations of the work and the said supervisor shall remain present during the inspections of the Engineer. All orders and directions given to such supervisors or other staff of the contractor shall be deemed to have been given to contractor. Further the Engineer may by due notice, desire a higher ranking member of the supervisor staff of the contractor to be present on any specified inspection and the contractor shall comply with such direction.

17. Cleaning up

(i) The contractor shall at all times keep the construction area and his colony and storage areas free from accumulation of waste, or rejected materials.

(ii) Prior to the completion of the work the contractor shall remove all rubbish from and about the premises, and all tools, scaffolding, equipment and materials which are not part of permanent structure. The premises will be left in a manner fully satisfactory to the Engineer, where after only the completion certificate will be issued.

18. Contractor to keep inventory of loan etc. The contractor shall prepare and maintain an inventory of all materials temporary rolling stock, plant purchased or hired for use of employment or for any of the purposed of this contract and such inventory or a copy thereof shall at all times be available for inspection by the Engineer. A complete and up-to-date copy of the inventory shall be submitted to the engineer in the beginning and once a year thereafter, changes in the interim period, if any, shall be communicated on every three months.

19. Contractor to restore Plant

Upon completion of the work, the contractor shall deliver to the GSECL, all appliances materials, and plants which may have been loaned or hired to him by the GSECL and make good all damages which may have occurred to them, except such as shall be caused by fair wear and tear in execution of the works.

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20. Progress Schedule

i) The contractor shall furnish, within one week unless extended by the Engineer of the order to start the work, a progress schedule in quadruplicate indicating the date of start the weekly progress expected to be achieved and the anticipated completion date of each major items of work to be done by him, also indicating dates of procurement and setting up of materials, plant and machinery. The schedule should be such as is practicable of achievement towards completion of the whole work in the time limit and of the particular items on due dates specified in the contract and shall have the approval of the Engineer. Further, the dates for the progress as in this schedule shall be kept up-to-date. In case it is subsequently found necessary to alter this schedule, the contractor shall submit in good time a revised schedule incorporating necessary modifications proposed and get the same approved by the Engineer. No revised schedule shall be operative within such acceptance in writing.

Detailed schedules for each week showing the progress proposed to achieved shall be submitted to the Engineer and got approved. The Engineer is further empowered to ask for more detailed schedule or schedules any week by week, for any items or items, and the contractor shall supply the same as and when asked for.

Ii The Engineer shall have, at all times the right without in any way vitiating this contract, or forming grounds for any claim to alter the order of the works or any part thereof and the contractor shall after receiving such direction proceed in the order directed. The contractors shall also revise the progress schedule accordingly and submit four copies of the revised schedule to the Engineer within seven days of the Engineer's direction to alter the order of works.

iii) The contractor shall furnish sufficient plant equipment and labour and shall work such hours and shifts as may be necessary to maintain the progress on the work as per the approved progress schedule.

The working and shift hours shall comply with all GSECL's regulations in force and shall be such as may be approved by the Engineer. They shall not be varied without the prior approval of the Engineer.

iv) The contractor shall from time to time as may be required by the Engineer, furnish the Engineer, with a statement in writing of the arrangement he proposes to adopt for the execution of this contract and the Engineer may if he considers, necessary at any time advise alteration in the same, which the contractor shall adopt on notice thereof.

v) The progress schedules shall be in the form of progress charts, forms, statement and/or reports as may be approved by the Engineer. Further, the contractor shall submit four copies showing the progress of work in forms and charts etc. at periodicals intervals as may be specified by the Engineer.

21. Recoveries

Recoveries due from the contractor, upto the end of the month previous to the one in which the bill is prepared shall be made from bills approved by payment every month or at other periods when the bills are prepared, for the various items in the following order of priorities and extents.

i) Deduction on account of security deposit in full together with shortage, if any, to be made good.

ii) Penalty in full, if levied.

iii) Expenditure, if any, incurred by the GSECL on Contractor's behalf in labour or materials in full.

iv) Charges for services such as water and power supply etc. in full.

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v) Charge on account of supply of materials like cement and reinforcing steel.

vi) Hire charges for GSECL or Government machinery if any.

vii) Recoveries of advance and secured payment or payments for preliminary work in full or the installment due if and as the same as may have been allowed.

viii) Other recoveries.(if any)

22. Date of Completion

The contractor shall supply, erect, equip and construct the whole of the works and hand over to the GSECL on or before the date specified in the "Special Conditions" and save as herein provided, in no circumstances whatever shall extend or alter the date for the completion of works.Provided always that if in the opinion of the Engineer the completion of the works shall be delayed by any change of original design or by the order of the Engineer, of any altered, modified substituted or additional works or materials omitted or by strikes, lock outs or stoppages of labour, or revolution, riots, civil or political disturbance or by causes directly due to war or by the contractor not being given possession of the site or any part thereof or by the GSECL taking possession of and using the site or any part thereof or the works or any part thereof, whether any non performance of work under the powers herein contained or otherwise or by any non performance of work or non supply of materials to be performed or supplied by the GSECL or by the contractor not receiving any orders, drawings, instructions or directions in time or by the suspensions of the works or by fire, flood exceptionally bad weather tempest, storm, or by from unforeseen circumstances (and whether the same shall be due to any act or omission of the GSECL or its agents or those in their respective service or not) the Engineer may, if in his unfettered discretion, he thinks fit either forthwith or at any later time and from time to time not withstanding that the prescribed or extended time for completion has expired or that the work have been completed, by writing under his hand, extend the time for the completion of the works to such date as he shall appoint. Provided always that unless the contractor makes a written application to the Engineer within one week of the cause of delay and unless the time is extended by the Engineer, the prescribed time shall not be extended notwithstanding delays from the aforesaid foregoing or any other causes of whatsoever kind.

23. Subletting of contract

There will be generally no objection on the component parts of the work, being given over to responsible sub-contractors but GSECL shall under no circumstances recongnise these sub-contractors and the responsibility of executing the work in the accordance with the conditions of contract will entirely rest on the main contracts.

The main contractors will therefore always have the very responsible member, preferably a technical hand present on the works with power to sign all work orders issued on the site of work and to take requisite actions in the interest of vary efficient execution of work.

24. Other contracts for the work suspension stoppage or curtailments of work

If during the pendency of the contract the Engineer shall for any reasons (which shall be unquestioned) whatsoever require the whole or any part of the work as specified in the contract to be suspended for any period or shall not require the whole or any part of the work as specified in the contract to be carried out at all by the contractor, he shall give notice in writing of the fact to the contractor who shall thereupon suspend or stop the work totally or partially as the case may be. In any, case, except as provided hereunder, the contractor shall have no claim to any payment or compensation whatsoever on account of any profit or advantage which he might have derived from the execution of the work in full but which he did not so derive inconsequence of the full amount of the work not having being carried out, or on account of any loss that he may be put to on

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account of materials purchased or agreed to be purchased or for unemployment of labour recruited by him. He shall not also have any claim for compensation by reason of any alterations having been made in the original specifications, drawings, designs and instruction which may involve any curtailment of the work as originally contemplated.

Where, however, materials have already been purchased or agreed to be purchased by the contractor, before receipt by him of the aforesaid notice, the contractor shall be paid for such materials at the rate determined by the Engineer, provided they would have been useful for the work curtailed or stopped are not in excess of requirements, are of approved quality and cannot be used on other contract works or otherwise by the contractor and/or shall be compensated for the loss if any, that he may be put to, in respect of materials agreed to be purchased by him, the amount of such compensation to be determined by the Engineer, whose decision shall be final. The Engineer may grant extension of time for the execution of any item or items of work affected by such suspension of work. The decision of the Engineer, regarding the granting of extension and the period thereof shall be final.

The Engineer may order the contractor to suspend any work on account of bad weather, rain or storm and such other adverse climate conditions and the contractor shall comply with the same.

The contractor shall not be entitled to any compensation for such suspension of work, concrete lining at the junctions of the different works under different contract shall be done with particular care regarding forms, construction joints, interconnecting reinforcement etc. if any and the joint planning of such work shall be with prior approval of the Engineer.

Other Contractors

Apart from this work, the other works connected with the power house will be simultaneous going on either departmentally or through agencies inside or outside the power house.

Each contractor or agency shall co-operate with others to the fullest extent and a shall allow to each other every facility and co-ordination for execution of their works simultaneously and satisfactorily, during there action of machinery or execution of any other co-ordination works of the power house, the contractor will have to work only at places as directed by the Engineer. He will have some time to suspend his work partially or totally in the interest of the work at large. In such cases and at such time, he will be informed from time to time and directed by the Engineer where to work. He may also be required to removes the scaffolding or to erect the scaffolding and shuttering in such a manner as to be of little obstruction and inconvenience for erection of machinery. In such cases he shall not be given any compensation on account of reduction or stoppage or labour force or removal and re-installment of scaffolding shuttering etc. It will be seen that contractor is not put to unnecessary inconvenience.

In the matter of dumps, haul, roads, drainage, diversion and the like, each contractor shall take into consideration the needs and requirements of the other constructors, if any working in the vicinity. Further no contractor shall take or cause to be taken any steps or action that may cause disruption, discontent or disturbance to the work, labour of arrangements etc. or other contractors in the neighbouring project localities.

Any action, by any contractor, which the Engineer in his unquestioned discretion may consider as infringement of the above code, would be considered as a breach of the contract conditions and the Engineer may take such action as he may deem fit against the contractor and the action taken shall be considered as final and binding.

25. Speed of work

The contractor shall at all times maintain the speed of work to confirm to the latest operative progress schedule but the Engineer may at any time with sufficient notice in writing direct the contractor to slow down any part or the whole of the work for any reason (which shall not be question whatsoever, and the

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contractor shall comply with such orders of the Engineer. The compliance of the orders shall not entitle the contractor to any claim or compensation.

26. Contract document and matters to be treated as conf idential

All documents, correspondence, decision and other matter concerning the contract shall be considered as of confident and restricted nature by the contractor and he shall not divulge or allow access there to any unauthorised persons of any kind.

27. Access to the contractor's book

Whenever it is considered necessary by the Engineer to ascertain the actual cost for execution of any particular item of work of supply of plant or material

shall direct the contractor to produce the relevant documents such as pay rolls records of personnel, invoices of materials and any other data relevant to the item or necessary to determine its cost etc. and the contractor to the aforesaid items in the mode and manner that may be specified.

28. Interest on money due to the contractor

No commission by the Engineer to pay the amount due upon measurements or otherwise shall vitiate or make void the contract, nor shall the contractor be entitled to interest upon any guarantee fund or payments in arrears not upon any balance which may on the final settlement of his accounts be due to him.

29. Measurements to be provisional and subject to corre ction

Every measurements for running payment on account of work, done or supplies made, shall be subject to adjustment or final measurements. In case of disagreement between such intermediate and final measurements, the latter shall prevail.

30. Breach on part of GSECL not to annul contract

No breach or non-observance on the part of the GSECL of any of the agreements contained herein, shall annul this contract of discharge the contractor from the observance and performance thereof, or of any part thereof, but on application by the contractor and in the unfettered discretion of the Engineer an extension of time may be given to the contractor in respect of such breach or non-observance by the GSECL.

31. Labour conditions

i)The contractor shall comply with the labour laid as may be current and shall furnish the returns and information as may be specified from time to time.

ii)The contractor shall as far as possible obtain his requirements of labour, skilled, and unskilled from the local area. No person below the age of 18 years shall be employed as labour.

iii) The contractor shall pay fair and reasonable wages (whether or not such wages are controlled by any laws existing at the time), to the workmen employed by him for the work. In the event of any dispute arising between the contractor and his workmen on the grounds that the wages paid are not fair and reasonable the dispute, shall in the absence of legal or other relief to the workmen to be referred to the Engineer who shall decide the same. The decision of the Engineer shall be conclusive and binding on the contractor but such decision or any other decision in this behalf that the contractor's workmen may obtain by recourse to law or other level means available to them, shall not in any way, effect the condition in the contract regarding payments to be made by GSECL to the contractor only at the rates accepted in this contract.

iv) The contractor shall not employ animal suffering from sores, lameness, or emaciation or which are immature nor shall be treat in a way that may be considered in human.

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The Engineer shall have the authority to remove from the work any animal, he may consider unfit or undesirable and no responsibility shall be accepted by the GSECL for any delay or extra expense caused towards the completion of the work by such removal.

vi) If Government declares a state of scarcity or famine to exist in any village situated within 10 miles of the work the piece worker/contractor shall employ upon such parts of the work as are suitable for unskilled labour any person certified to him by the Executive Engineer or by any person to whom the Executive Engineer may have delegated his duty in writing to be in need of relief and shall be bound to pay to such person wage not below the minimum which Government may have fixed in this behalf. Any disputes which may arise in connection with the implementation of this clause shall be decided by the Superintending Engineer whose decision shall be final and binding on the piece worker/contractor.

vii)The contractor shall provide reasonable facilities to the satisfaction of the Engineer, for the labour employed by him where no such natural facilities exist. The usual facilities are weather proof shelter for rest and supply of whole some drinking water, facilities for obtaining food, reasonable washing and sanitary facilities, special facilities, for women workers, suitable residential accommodation, recreational and cultural activities, general sanitation and health measures etc.

viii) The implementation of any and all previsions of this clause shall in no way entitle the contractor to claim compensation or rates higher than tendered in this contract.

32. Proforma returns

The contractor shall maintain proforma, charts and details regarding machinery equipments materials, labour personnel and other matters as may be specified by the Engineer. He shall further, submit returns of proforma and details as may be specified by the Engineer from time to time.

33. Local Laws

1) All local laws in force at the time of entering into the contract and those enacted thereafter shall be binding on the contractor and he shall abide by the same.

2) All import duties, sales tax and other local taxes shall be borne by the contractor and they shall be deemed to have been covered by this quoted tender rate.

34. Works in shift duty

i) If required works shall be planned in shift duties, if possible in two shifts, depending on emergency of the work with prior approval of Engg.in charge.

0n Sunday or any other holidays work shall be continued in order to maintain progress with prior permission of Engineer in charge. Such works shall not formed any grounds for complaint, compensation or extention of time limit. If on the other hand, the Engineer directs that the work shall be proceeded with on days and during hours otherwise non permissible under this contract, the contractor shall proceed with the work as directed without in any way vitiating this contract or forming any grounds for compensation of claim.

ii) The contractor shall in his dealing with labour, at all times, during the period of this contract, have due regard to local festivals and religious and other customs.

iii) A working day shall consist of two shifts each of eight hours, a working day shall constitute any day on which in the opinion of the Engineer, work can be carried out in one or more shifts.

35. Maintenance

The contractor for a period of six months after the date of completion, as certified by the Executive Engineer, shall maintain the work in such manner that on the expiry of the period of maintenance, they shall be as good and perfect in order and conditions as that

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in which they were at the commencement of the period of maintenance. The contractor shall at his own expense, repair, rectify and make good to the satisfaction of the Executive Engineer all defects, imperfections shrinkage or other faults arising from or out of use of materials or workmanship not in accordance with the contract or from negligence or failure on the part of the contractor to comply with the provisions of the contract.

36. Insurance (a) "The contractor shall procure, or arrange for the sub-contractor to procure insurance coverage in amounts approved by the GSECL and ufficient to protect against the following risks arising out of the work.

1. Accidents and professional and non-professional sickness of all labourers and personnel engaged in the work as required by law pursuant to workmen’s compensation Act, 1923.

2. Injury or death to third parties including without limitation injury or death caused by any of the construction aids or other vehicles of rented equipment used by the contractor or subcontractor, whether at the site or elsewhere". 3. Damage to contractors tools, plants, construction equipments, form works, scaffolding, and construction materials, due to floods, earth quake or any other case.

4. Damage to existing earthen bunds and its allied structures and new construction work of U.C.R. Masonary gravity wall carried out by the contractor during the construction stage of works and up to the end of guarantee period or taking over by the GSECL whichever is later due to floods, earth quake or any other reason.

a) All insurance referred to under a) of this condition shall be in effect from the date of commencement of work and shall remain in force until the work has been completed and finally accepted by the GSECL.

In the policies covering the insurance referred to above, the GSECL, contractor and sub-contractor shall be named as coinsured where possible.

b) The cost of insurance shall be borne by the contractor.

37. Labour Colony The contractor shall construct the quarters for his staff on a good spot selected in the area as may be made available to him. The contractor shall maintain at his own cost an efficient staff as may be suggested by Engineer-in-charge. Suitable fire preventive measures to the satisfaction of the Engineer-in-charge shall be taken by the contractor. The contractor shall construct trench or semi permanent latrines for the use of labourers. Such latrines shall be on a scale of not less than 5 per 100 persons in the camp. Separate latrines shall be provided for men and women. The huts for labourers shall be sufficient in nos. and shall confirm to the following requirement:

i) Huts of bamboos and grass may be constructed. ii) The camp shall not be established close to a large cutting or earthwork. iii) The lines of huts shall have open spaces at least 10 yards between raws. Due attention shall

be given to drainage. iv) A floor space at a minimum rate of 30 sft. per head shall be provided in the hutments. v) The contractor shall construct at least one bathing place per 20 persons. The baths shall be

properly screened and separate bathing places for men and women shall be provided. Washing places shall be provided at minimum one per 30 persons.

vi) Sufficient arrangements for drainage of sullage water from bath, washing, etc. shall be made to the satisfaction of the Engineer-in-charge.

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vii) Contractor shall maintain necessary staff for conservancy and cleanliness of the camp to the satisfaction of Engineer-in-charge. At least one sweeper per 200 persons should be employed. The Assistant Director of Public Health shall be consulted before opening a layout camp and his instructions in respect of water supply, sanitary conveniences camp site accommodation and food supply etc. should be followed by the contractors.

The contractor shall make arrangement for all anti malaria measures or in case of epidemic take necessary measures as directed by the Assistant Director of Public Health.

Safety precaution as laid down by the safety manual published by C.W. and T.C. shall be followed by the contractor a copy of the manual will be available for reference at the Office, of the Engineer-in-charge.

Liens

Final payment to the contractor shall not be made untill the contractor shall deliver to the purchaser receipts in full or in lieu thereof, and in either case, an affidavit that so far he has knowledge or information the releases and receipts include all the labour and material for which lien could be filed. if any lien remains unsatisfied after all payments are made, the contractor shall refund to the purchaser all moneys that the later may be compelled to pay in discharging such a lien, including all costs of a reasonable attorney's.

…………x……………………x………………x……………x………………x………………x………….

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SECTION – D

•••• Additional terms & conditions •••• Details of Bank •••• Circular-I •••• Safety rules •••• Certificate-A •••• Integrity Pact.

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ADDITIONAL TERMS AND CONDITIONS REGARDING INDUSTRIAL LAW AND OTHER RELATED MATTERS FOR THE TENDER DOCUMENTS.

1. Wages to be paid and time of payment etc. by the co ntractor A. The contractor shall pay minimum wage per day as may be specified hereafter or rates fixed under the Minimum Wages Act, whichever is higher. The wages of every contract labour employed by him under this contract shall be paid by him before the expiry of 7th day of the last day of the month in respect 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 GSECL. Any default will result in cancellation of contract forthwith or else the contractor shall be punishable to the extent of Rs.100/- fine per each day. B. The Contractor shall give his telephone number and address to the GSECL 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 keep himself present through out the working hours.

2. Labour Laws A. Persons below the age of 18 years shall not be employed for the work. B. No female worker shall be employed in the night shift between 7 p.m.

to 6 a.m. C. Contractor shall maintain a valid labour licence under Contract

Labour (Regulation and Abolition) Act for employing necessary manpower to be required by him. In the absence of such licence the contract shall be liable to be terminated without assigning any reasons thereof.

D. The contractor shall at his own expense comply with all labour laws and keep the GSECL indemnified in respect thereof. Some of the major liabilities under various labour and industrial laws which the contractor shall comply with are as under:

(i) Payment of Contribution by way of Employer's Contribution towards Provident Fund, Family Pension Scheme, Deposit Linked Insurance Scheme, Administrative charges etc., at the rates made 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 of Rs.30/- 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) Identity cards as prescribed under the Factories Act with photo affixed thereto, the same for identification.

(vi) Payment of retrenchment compensation, Notice pay and other 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.

(vii) Payment of compensation in case of accidental injury. (viii) Provision of creche if the female labourers employed are more than 30

numbers. (ix) Maternity Leave as per the provision 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

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Authorities like State Government/ Government of India which the contractor shall have to comply with.

3. Provident Fund and Family Pension Scheme The contractor shall submit alongwith his bill (month wise) a statement regarding

deductions against employee's provident fund and Family Pension Scheme in respect of each concerned employee. Provident Fund and Family Pension Scheme at the rate of 8.33% (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 Regional Provident Fund Commissioner, Ahmedabad.

4. Deposit Linked Insurance Scheme The contractor shall have to deposit 1/2% of the wages in respect of employees who is a member of the Provident Fund as the contribution to the Deposit Linked Insurance Scheme with Regional Provident Fund Commissioner, Ahmedabad.

5. Administrative Charges Administrative charges for maintaining Provident Fund A/C. shall be deposited by the contractor with Regional Provident Fund Commissioner, Ahmedabad at the rates applicable.

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 labourer which shall be duly verified and approved/ certified by the authorised officer of the GSECL.

7. Workmen's Compensation Fund and Employer's Liabilit y Insurance The contractor shall cover all his employees under Workmen's Compensation Fund and under the Liability Insurance. Insurance shall be affected for all the contractor's employees engaged in the performance of this contract. If any of the work is sublet, 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 daily supervision and for maintenance of various registers and records required under the law and contract. No payment for supervision shall be admissible.

9. Contractor to indemnify the GSECL The contractor shall indemnify the GSECL and every member officer and employees of the GSECL, also Engineer-in-charge and his staff against all actions, proceedings, claims demands, costs and expenses whatsoever arising out of or in connection with the matters referred in hereinabove elsewhere and against all actions, proceedings claims, demands, costs and expenses which may be made against the GSECL in respect of his obligation under the contract documents. The GSECL shall not be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the contractor or his sub-contractor, and the contractor shall indemnify and keep indemnified the GSECL against all such damage and compensation and against all claims, demands, proceedings costs, charges and expenses whatsoever in respect thereof or in relation thereto.

10. The GSECL reserves the right to terminate the contract at any time during its pendency without giving notice of termination or any reasons thereof.

11 The GSECL will be entitled to deduct directly from the bills, to be paid to the contractor any sum or sums payable by you and which sum/sums the GSECL is required to pay as a principal employer on account of your default in respect of all liabilities referred to in above clauses. …….x…………x………..x………..x……….x………….x………….x…………x……….

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SPECIAL CONDITIONS

Following are the GSECL’s special conditions for this project and wherever these special conditions contradict with similar conditions in this tender document, the following special conditions shall prevail: 1.0 The successful Bidder, on receipt of Letter of Intent will submit within a week’s

time his planning/programme of works, for scrutiny of Gujarat State Electricity Corporation Ltd. in a Pert/Bar Chart format, clearly indicating GSECL’s inputs also.

2.0 Contractor will plan his works such that on all the fronts released by GSECL, simultaneous work should progress in such a way that entire job is completed in scheduled time limit.

3.0 The work commencement date will start from the date of issue of letter to commence the work.

4.0 The successful Bidder will have to depute his authorized representative to attend progress review meetings to be held either at site or at GSECL’s Baroda Head Quarter.

5.0 It is mandatory to submit Security Deposit before order placement. Party shall have to pay security deposit of 5% of contract value within 15 days from the date of letter of intent. Such security deposit will be payable either in D.D./ Bank guarantees. Bank Guarantees from scheduled /Natitionalized Banks will be acceptable if the amount of security deposit exceed Rs. 5000/-. The Bank guarantees will be executed on the standard forms prescribed by corporation. In case of the bank guarantees furnished / submitted, they should have clear one time validity till the completion of the order in all respects and up to the expiry of guarantee period from the date of the work completion. Bank guarantee for interim period will not be allowed. If by any reason , the work period is extended then contractor should undertake to renew the Bank Guarantee at least one month before the expiry of the validity failing which GSECL will be at liberty to encashthe same.If the full security deposit amount is not paid immediately after the receipt of the letter of intent, then the order will not be placed. ( at the discretion of the GSECL) and without entering into any correspondences and this will be binding on the tenderer.If the tenderer fail to pay the security deposit or defaults in execution of the orders placed or if GSECL suffers any financial los due to this, then GSECL will be at at liberty to adjust the amount from other orders of the same firms or by encasing the bank guarantee.

Failure to deposit the SD will entail for failure of EMD and the contract shall be treated as terminated. You shall not be, allowed to start the work SD is not paid. Any loss to the GSECL due to late start of work because of late payment of SD shall be contractor’s liability.

6.0 The contractor will be responsible for complying with all rules and regulations and labour laws applicable to him and the GSECL will not be responsible for any lapses committed by them. If there is any claim from any Government Authority pertaining to the contractor, the same amount will be deducted from the contractor’s bill.

7.0 Normally one measured R.A. Bill payment shall be made every month on submission of bill by the contractor in GSECL’s prescribed format.

8.0 The Engineer may without prejudice to any other method of recovery, deduct the amount of such damages from any money due or which may become due to the Contractor. In the event of extension of time being granted by the Engineer, in writing, for completion of work, this penalty clause will be applicable after the expiry of such extension period.

9.0 All sums payable by way of liquidated damages shall be considered as reasonable compensation to be applied to the use of the Engineer without reference to the actual loss or damage sustained and whether or not any damage has been sustained.

10.0 The Earnest Money Deposit will be accepted in form of Demand Draft drawn in favour of

“GUJARAT STATE ELECTRICITY CORPORATION LTD”. Payable at Dena bank Wanakbori TPS or by Bank Guarantee of banks as mentioned in the Tender Notice.

11.0 THE TIME LIMIT FOR COMPLETION OF WORK AS STIPULATED IN TENDER.

12.0 The contractor’s rates should be firm and no variation clause is to be quoted by the .contractors and GSECL will not accept the same, during contractual period including extended time limit if any.

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PERROFORMA OF BANK GUARANTEE FOR SECURITY DEPOSIT / PERFORMANCE

(On Stamp Paper of Rs. 100/-)

The Bank of ……………………………………………………………………. hereby agree unequivocally

and unconditionally to pay within 48 hours on demand in wiring from the Gujarat State Electricity

Corporation Ltd. or any Officer authorized by it in this behalf any amount up to and not exceeding Rs.

……………. (in words) ……………………………………… to the said Gujarat State Electricity

Corporation Ltd. on behalf of M/s. …………………………. Who have entered in to contract for the

supply/works specified below.

A/T No. …..……………………………………………….. dated ……………………………….

This agreement shall be valid and binding on this Bank up to inclusive of ……………. And

shall not be terminable by notice or by change in the constitution of the Bank or the firm of

contractors or by any other reasons whatsoever and our liability hereunder shall not be

impaired or discharged by any extension of time or variations or alterations made, given

conceded or agree, with or without our knowledge or consent by or between parties to the

said within written contract.

(NOTWIRHSTANDING anything contained herein before our liability under this guarantee is

restricted to Rs. ……………

(Rupees

………………………………………………………………………………………….. Our

guarantee shall remain in force until PLACE

DATE _____________ SIGNED

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CIRCULAR – I

The following are the major obligations to be fulfilled by the Contractors as per the Contract Labour (R&A) Act 1970 and rule mentioned there under:

1. License to be obtained before starting the Work where number of contract laborers is ten or more.

2. Payment to contract labourers has to be made in presence of IRO/LWO. Wages rates for contract labourers are applicable as per the terms and conditions of the license. Minimum rate of the wages for unskilled labour is Rs. 200.10 for semiskilled labour is Rs. 204.20 and for skilled labour is Rs. 209.10 w.e.f. 01-4-2013.

3. Every contractor shall have to maintain the muster roll and wages register in respect of his contract labour.

4. Every contractor is required to issue employment card, wages slip and attendance card to their labourers.

5. The contractor has to maintain the register No. 13 containing details of contract labours employed by him.

6. Earned leave register/ card as per the Factories Act. And Rules. 7. Other registers required under Contract Labour Rules and the Factories Act. And Rules. 8. Every contractor shall have to obtain insurance policy in respect of the contract labours

engaged by him to cover them under workmen’s Compensation Act. 9. To send half yearly return to licensing officer as per Rule 82 (1) as per schedule time. 10. Before starting the work as per the contract awarded to him, he should make arrangement

to enter into the agreement in the prescribed format on the stamp paper as applicable. Before fulfilling the above requirement the contractor is instructed not to start the work. The responsibility will be on his head in case he fails.

11. Contractor should posses separate P.F. code on their firm, name otherwise their offer may not be considered.

12. The contractor shall have to pay wages as may be revised from time to time and as may be declared by Government.

All the contractors are informed to adhere to the rules and regulations applicable to them, particularly in respect of the labourers engaged by them, the contractor not fulfilling the obligations will not be allowed or continue with work/ not be held qualified to carry out the work at Wanakbori TPS.

Supdt. Engineer (Civil) GSECL, WTPS

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DETAILS OF BANK

PLEASE SUBMIT FOLLOWING DETAILS

1. ACCOUNT NUMBER

2. TYPE OF ACCOUNT

3. BANK NAME

4. BRANCH NAME & ADDRESS

5. CONTACT NUMBER OF THE BRANCH

6. IFSC NO.

Current Address (for correspondence)

............................................................

.............................................................

..............................................................

.

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s!Zf V[Z ;%,FIZ[:5LZ[8; o 5|F6JFI] GL T\UL CMI tIFZ[

On Firms Letter Head

CERTIFICATE-A I/We ________________________________________________________ authorized signatory of

M/S ________________________________________________ here by Certify that M/S

_________________________________________________ is not related with other firms who have

submitted tenders for the same items under this inquiry/Tender.

Signature of the Tenderer

With Designation

Seal of the firm

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GUJARAT STATE ELECTRICITY CORPORATION Ltd

WANAKBORI TPS Date:

INTEGRITY PACT

OUR ENDEAVOUR

To create an 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 and the nation.

GSECL’S COMMITMENT PARTY’S COMMITMENT • To maintain the highest ethical

standards in business and professions • Not to bring pressure

recommendations from outside GSECL to influence its decision.

• Ensure maximum transparency to the satisfaction of stakeholders.

• Not to use intirnidation, threat inducement or pressure of any

• To ensure to fill the terms of agreement/contract and to consider objectively the viewpoint of parties.

• To be prompt and reasonable in fulfilling the contract, agreement, legal obligations.

• To ensure regular and timely release of payments on due dates for work done.

• To provide goods and /or services timely as per agreed quality and specifications at minimum cost to GSECL.

• To ensure that no improper demand is made by employees or by anyone on our behalf.

• To abide by the general discipline to be maintained in our dealings.

• To give maximum possible assistance to all the vendor/suppliers/service provider and other to enable them to complete the contract in time.

• To be true and honest in furnishing information.

• To provide all information to suppliers/contractors relating to contract/job which facilitate him to complete the contract/job successfully in time.

• Not to divulge any information business details available during the course of business relationship to others without the written consent of GSECL.

• To ensure minimum hurdles to vendors/suppliers/contractors in completion of agreement/contract/work order.

• Not to enter into carter /syndicate/understanding whether formal/non-formal so as to influence the price.

Seal & Signature Seal & Signature (GSECL’s Authorized Signatory) (Party’s Authorized Person) Name: Name: Designation:

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SECTION - E

TENDER AND CONTRACT FOR

WORKS GUJARAT STATE ELECTRICITY CORPORATION LTD.

TENDER AND CONTRACT FOR WORKS

(APPLICABLE FOR WORKS CONTRACT)

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GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACTOR

Not with standing anything contained to the contrary in the specification or tenders in subsequent exchange of correspondence, the conditions of contract shall be binding on the contractor and any change or variations expressed or implied, however made in the said conditions shall not be valid or operative unless expressly sanctioned by the GSECL. The contractor shall be deemed to have fully informed himself and to have special knowledge of the provisions of the conditions of contract herein contained.

1. All works proposed to be executed by the contract shall be noticed in one of the English

and one of the vernacular local daily newspapers, stating the work to be carried of as well as the date of submitting and opening tenders and time allotted in carrying out the work. also the amount of earnest money to be deposited with the tender and the security deposit to be deposited by the successful tenderer and the percentage, if any, to be deducted from bills.

2. Copies of specifications, design, drawings, estimated rates, scheduled rates and any other documents required in connection with the work which will be signed by the Engineer-in-Charge for the purpose of identifications shall be open for inspections by the contractors at the office of the Executive Engineer during office hours.

3. Whether the works are proposed to be executed according to the specifications recommended by the contractor and approved by a competent authority on behalf of the Gujarat State Electricity Corporation Ltd., such specifications with designs and drawings shall form part of the accepted tender.

4. The tenderers and receipts for payments made on account of any work, when executed by a firm should be signed by all the partners except where the contractors are described in their tender as a firm, in which case the receipt shall be signed in the name of firm including the partners or some other person having authority to do so.

5. The tenderer at shall fill up the usual form stating at what percentage above or below rates specified, he is willing to under take the work. Only one rate or such percentage on all the estimated rates or schedule rates shall be mentioned.

6. Tenderer which propose any alternation in the work specified in the form in invitation to tender or in the time allowed for carrying out the works or which contain any other conditions of any sort, will be liable to rejection.

7. No single tender shall include more than one work, but contractors who wish to tender, for two or more works, shall submit a separate tender for each work. Tender shall have the name and the number of the works, of which they pertain, be superscribed on the envelope.

8. The Engineer-in-charge or his duly authorized assistant will open tenders in the presence of any intending contractors who may be present at the time and will enter the amount of the several tenders in a comparative statement in a suitable form. In the event of a tender being accepted, the contractor shall there upon, for

9. the purpose of identification, sign copies of the specifications and other documents. In the event of tender being rejected, the officer (Engineer-in-charge) shall authorise the paying officer concerned to refund the amount of the earnest money deposited to the contractor making the tender on his giving a receipt for the return of the money.

9. The officer, competent to dispose off the tenders, shall have the right of rejecting all or

any of the tenders, without assigning any reasons thereof. 10. No receipt for any payment alleged to have been made by contractor in regard to any

matter relating to tender of the contract shall be valid of binding on the GSECL unless it is signed by the Engineer-in-charge

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11. The memorandum of work to be tendered for and the schedule of materials to be

supplied by the Gujarat State Electricity Corporation Ltd. and their rates shall be filled in and completed by the office of the Engineer-in-charge before the tender form is issued if a form issued, to an intending tenderer has not been so filled in and uncompleted he shall request the said office to have this done, before the completes and delivery his tender.

12. All works shall be measured, meet by standard measure and according to rules are

custom and usual in the use in the Gujarat State Electricity Corporation Ltd., and no proposal to adopt alternative method will be accepted, the Engineer-in-charge decision as to what is “the usual method in use in the Gujarat State Electricity Corporation Ltd.” shall be final.

13. Every contractor shall, except the registered contractor on the approved list of the

GSECL, produced, along with the tender a solvency certificate from the collector of the District within which he resides, of a banker’s certificate of his financial stability, if he fails to produce such a certificate his tender will not be considered.

14. All corrections and addition or pasted slips should be initialed. 15. Tenderer shall be deemed to have full knowledge of relevant documents, site conditions

etc. whether inspected or not by him. 16. Submissions of tender by a contractor implies that he has read the instructions and

condition of contract herein contained and has made himself aware of the scopes and specifications of the work to be done and conditions and rates at which stores materials etc. will be issued to him and local conditions and other factors bearing on the execution of the work.

17. Under no circumstances shall any contractor be entitled to claim enhanced rates for any item of contract without prior sanction of the competent authority.

18. These rules and directions shall form part of the contract. …………………x………………….x…………………….x………………………x……………

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TENDER AND CONTRACT FOR WORKS I/We hereby tender for the Gujarat State Electricity Corporation Ltd. (herein referred as “GSECL”) of the work specified in the under written memorandum within the time specified Schedule B (Memorandum showing items of work to be carried out) and in accordance, in all respect, with the specifications, design, drawings and instructions in writing and as per annexed conditions of contract and agree that when the materials for works are provided by the GSECL such materials and rates to be paid for them shall be as provided in Schedule A hereto. MEMORANDUM a) General Description of Work : b) Estimated Cost : c) Earnest Money : d) Security Deposit : To be paid 5% contract value by D.D or bank guarantee

of bank as mentioned in the tender elsewhere. e) Time allowed for the completion of work from date of written order to commence. Should this tender be accepted I / We hereby agree to abide by and fulfill all the terms and provisions of the conditions of contract annexed hereto as applicable and in default thereof forfeit and pay to the GSECL the sums of money mentioned in the said conditions. Receipt No.___________ Date _____________ from the Gujarat State Electricity Corporation Ltd. in respect of the sum of Rs.__________________________ (Rupees ______________________________________________________________ (the amount to be specified in figures and words) is herewith forwarded representing the earnest money (the full value of which is to be absolutely forfeited to the GSECL should I/We not deposit the full amount of security deposit specified in above memorandum in accordance with clause-(d). Security Deposit of the said conditions / otherwise the said sum of Rs______________ shall be refunded on surrendering the original receipt, in case of non-awardance of contact. Signature of the contractor Address of the contractor Dated _________________ day of ________________year Signature of Witness Address of Witness Occupation

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Dated ______________ day of ___________ year. The above tender is hereby accepted by me on behalf of the Gujarat State Electricity Corporation Ltd. Chief Engineer (C&O) GSECL WTPS or his duly authorized assistant.

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CONDITIONS OF CONTRACTS 1. Definitions :

(a) The Contract means the documents forming the tender and acceptance thereof, together with the documents referred to therein or individual work order in the case of term contract, including these conditions, schedules and / or additional conditions attached to the form of tender or individual work, order, rate schedule, the specifications and the drawings and all these documents as applicable taken together shall be deemed to form the contract.

(b) The “Tender Document” means the form of tender, the applicable schedules and/or additional conditions and the specifications and / or drawings as issued to the contractors for the purpose preparing tender.

(c) The expression “works” or “work” when used in the conditions of contract shall, unless there be something in the subject or context repugnant to such construction means, the works or the work contracted to be executed under or in virtue of the contract whether original or altered.

(d) The “Contractor” means the individual or firm or company, whether incorporated or not, undertaking the works and shall include his or its legal personal representative, successors and permitted assignees.

(e) “GSECL” means the Gujarat State Electricity Corporation Ltd. and the “Accepting Officer” means the officer who is authorised to sign the contract on behalf of the “GSECL.”

(f) The letter “EE” means Executive Engineer who in the case of measurement and lump sum contract, direct the contractor and the letters “SE” means Superintending Engineer” and “C.E.” means Chief Engineer who administers and in the case of the term contracts directs the contract.

(g) The “Engineer-in-charge” means all officers of the GSECL appointed by the Chief Engineer to supervise the works or part of the works.

(h) “Approved” and “Directed” means the approval or direction of the Chief Engineer to Superintending Engineer or the person deputed by him for the particular purpose.

(i) “B.S.” means the “British Standard” as issued by the British Standards institution. “A.S.” means the American Standards as issued by the American Standard Institutions and “I.S.” means the “Indian Standards” as issued by the Indian Standards Institutions. Wherever the above mentioned abbreviations are preferred to, in the specifications and / or work orders, they mean the addition with all amendments current at the date of issue of tender documents of work orders.

In the case of measurement and terms of contracts “Specifications” means those contained in Gujarat State Electricity Corporation Ltd. schedule together with any

amendments etc. embodied in the tender documents, “Drawings” refer to those

accompanying the tender documents and/or any work orders referred therein.

(j) The “Contract Sum” means the sum accepted or the sum calculated in accordance with the prices accepted in the tender and/or the contract rate as payable to the contractor for the full and entire executing and completion of works.

(k) “The date of completion” is the date or dates of completion of the work or any part of the works set out or ascertained in accordance with the individual work orders and the tender documents or any subsequent agreed amendments thereto.

2. Compensation for the delay

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The time limit allowed for carrying out the work as entered in the tender shall strictly observed by the contractor and shall be reckoned from the date on which the order to commerce the work is given to the contractor. The work shall through out the stipulated period of contract the proceeds with due diligence (time being deemed to be essence of contract) and for delay, the contractor shall pay compensation, an amount equal to half percent per one week for the contract amount of work or such smaller amount as per the decision of the Competent Authority of the GSECL. However, the total amount of compensation to be paid by the contractor, under the provision of the clauses shall not exceed 10 percent of the amount of contract value as decided by the competent authority of the GSECL. The penalty will be invariably deducted from the bills of the contractor and no refund will be given unless the competent authorities approves the reduction the reasons for delay attributable to GSECL as well as to party will be brought out clearly while putting the proposal for waiver reduction in penalty.

3. Action when whole of Securit y Deposit is forfeited

In any case in which under any clause or clauses of this contract the contractor shall have tendered himself to pay compensation amounting to the whole of his security deposit (whether paid one sum or deducted by installments) or in the case of abandonment for the work owing to serious illness or death of the contractor or any other cause, the Executive Engineer on behalf of the GSECL, shall have powers to adopt, (a) below and any of the following courses under (b) and (c) as he may deem best suited to the interest of the GSECL. a) To rescind the contract (for which rescission notice of 10 days) in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence and in that case the security deposit of the contractor shall stand forfeited and absolutely at the disposal of the GSECL.

b) To employ labour paid by the GSECL, to supply materials to carry out of the works or any part of the works debiting the contractor with the cost of the labour and the price of the materials (as to the correctness of which cost and price the certificate of the Executive Engineer shall be final and conclusive against the contractor) and crediting him with value of the work done, in all Respects in the same manner and at the same rates as if it had been carried out by the Contractor under the terms of this contract and in that case the certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the contractor.

(c) To order that the work of the contractor be measured up and to take such part thereof, as shall be unexecuted, out of his heads and to give it to another contractor to complete, in which case, any expenses, which may be incurred in excess of the sum, which would have been paid to the original contractor, if the whole work had been executed by him as to the amount of which excess expenses the certificate in writing of the Engineer-in-charge shall be final, conclusive and shall be borne and shall be paid by the original contractors and shall be deducted from any money due to him by the GSECL under the contract or otherwise from his security deposit of the proceeds sale thereof or a sufficient part thereof.

In the event of the above courses being adopted by the Executive Engineer the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advances on account of or with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescinded under the provision aforesaid, the contractor shall not be entitled to recover or be paid any sum for any works thereof actually performed by him under this contract unless and until the Executive Engineer shall have certified in writing the performance of such works and the

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amount payable to him in respect thereof and he only be entitled to be paid the amount so certified.

4. Notice for unsatisfactory progress

If the progress or a particular portion of the work is unsatisfactory the Executive Engineer whose decision shall be final, shall notwithstanding that the general progress of work is satisfactory; be entitled to take action under Clause 3(c) after giving the contractor 10 days notice in writing and the contractor will have no claim for compensation for any loss sustained by him owing to such actions.

5. Action in the case of Defa ult by Contractor

If any case in which any of the powers conferred upon the Executive Engineer by Clauses 3 and 4 hereof, shall have exercised and the same shall not have been exercised, the non exercised thereof shall not constitute a waiver of any of the conditions hereof and such powers shall not withstanding be exercisable in any further case of default by the contractor for which, by any clauses hereof, he is declared liable to pay compensation amounting to the whole of his security deposit and liability of the contractor for past and future compensation shall remain unaffected in the event of the Executive Engineer taking action under sub clause (a) or (c) of Clause 3 he may, if he so desires, take possessions of all or any tools, plants, materials, and stores in such upon the work or the site thereof belonging to the contractor, or procured by him and intended to be used for the execution of the work of any part thereof paying for allowing for the same in account at the contract rates, or in the case of a contract rates not being applicable to current market rates to be certified by the Executive Engineer whose certificate thereof shall be final. In the alternative, the Executive Engineer may by notice in writing to the contractor or his clerk of works, foremen or other authorized agent, require him to remove such tools, plants, materials or stores from the premises within a time to be specified in such requisition to decisions to the contractor failing to comply with any such requisition, the decision of the Executive Engineer as to the expenses of any such removal and the amount of the proceed and expense of any such sale, be final and conclusive against the contractor.

6. Extension of Time Limit

If the contractor shall desire an extension of the time limit for completion of the work on the ground of his having been unavoidably hindered in it’s execution or on any other ground, he shall apply in writing to the Executive Engineer and the Executive Engineer may, if in his opinion there are reasonable grounds for granting extension, recommend such extension as he may think necessary or proper. The decision of the competent authority in this regard shall be final and binding to the contractor. Any delay attributed to GSECL shall be compensated only by way of extending the limit.

7. Completion Certificate

On completion of the work the Contractor shall be furnished with Completion Certificate by the Executive Engineer of such completion but no such certificate shall be given nor shall be the work considered to be complete until works are taken over and/or duly tested and put to operative as the case may be, nor until the work shall have been measured by the Engineer-In-Charge or where the measurement have been taken by his subordinated until they have received the approval of the Executive Engineer the said measurement being binding and conclusive against the contractor.

8. Effect of the Certificate

No payment shall be made for any work estimated to cost less than Rs.1,000/- till after the whole of said work shall have been completed and certificate of completion given. But in the case of works estimated to cost more than Rs.1,000/- Contractor shall on submitting a monthly bill thereof, be entitled to receive payments. Proportionate to the part of the work then approved and passed by the Engineer-in-charge, whose certificate of such approval and a passing of the sum so payable shall be final and conclusive against the contract. All such intermediate payments shall be regarded as payment by way of advance against the final payment only and not as payments for work actually

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done or completed and shall not preclude the Engineer-in-charge from requiring bad, unsound, imperfect or unskillful work to be removed and taken away and reconstructed or reerected nor shall any such payment be considered as admission of the due performance of the contract or any part thereof in any respect of the accruing of the claim nor shall conclude, determine or effect in any way the powers of the Engineer-in-charge as to the final settlement and adjustment of the accounts otherwise or in any other way, vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of work, otherwise the certificate of Engineer-in-charge of the measurement and of total amount payable for the work shall be final and binding on all parties.

9. Payment to Contractors

The rates for several items of works estimated to cost more than Rs.1,000/- agreed to within shall be valid only when the item concerned is accepted, having been completed full, in accordance with the sanctioned specification. In case, where the items of the work, are not accepted, as so completed the Engineer-in-charge, may make payment on account of such items at such reduced rates, as he may consider reasonable in the preparation of final or running accounts bills.

10. Bills

The bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge, for all works, executed in the previous month and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose or having the same verified and the claim so far as it is admissible, shall be adjusted, if possible, within ten days from the presentation of the bills. If the contractor does not submit the bill, within the time fixed, as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work the presence of the contractor or his duly authorized agent, whose counter signature in the measurement shall be sufficient warrant and the Engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects.

11. Supply of Materials to Contrac tor

If the specification of the estimated work provides for use of any special description of material to be supplied from the GSECL’s Stores or if it is required that the contractor shall use certain stores to be provided by the Engineer-in-charge (such material and stores and the prices to be charged thereof as here in after mentioned being so far as practicable for the convenience of contractor but not so as in any way to control, the meaning or effect of the contract specified in the schedule or memorandum here to annexed) the contractor shall be supplied with such materials and stores as may be required from time to time be used by him for the purpose of the contract only and the value of the full quantity of materials and stores so supplied shall be set off or deducted from any sum due to thereafter to become due to the contractor, under the contract or otherwise or from the security deposit or the proceeds of sale thereof if the deposit is held in Government Securities the same or a sufficient portion thereof, shall be sold for the purpose. All materials supplied to the contract shall remain the absolute property of GSECL and shall on no account be removed from the site of the work and shall at all time be open to inspection by the Engineer-in-charge. Any such materials un used and in perfectly good condition at time of completion or determination of the contract shall be returned to the GSECL’s store if the Engineer-in-charge so requires by notice in writing given under his hands but the contractor shall not be entitled to return any such materials except with consent and he shall have no claim for compensation on account of any such materials supplied to him as aforesaid but remaining unused by him or for any wastage in or damage thereto. The contractor shall be responsible for the loss, destruction or deterioration of the materials, stores or articles supplied to him by the GSECL even if such loss, destruction or deterioration has occurred under any circumstances whatsoever beyond his control as if the materials, stores or articles so supplied were his property.

12. Works to be executed in accor dance with specifications, drawings, orders etc.

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The contractor shall execute in whole and every part of work in the most substantial and workmanlike manner and both as regarding materials and in every other respect in strict accordance with the specification. The Contractor also shall confirm exactly, fully and faithfully to the designs, drawings and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in his office and to which the contractor shall be entitled to have access for the purpose of Inspection at such office, or in the site of the work, during office hours and the contractor shall, also if he so requires, be entitled at his own expenses to make or cause to be made copies of the specification, and of all such designs, drawings and instructions as aforesaid.

13. Alteration in Specifications a nd Designs not to invalidate Contracts.

The Executive Engineer shall have powers to make any alteration, or addition to the original specification designs, and instructions that may appear to him to be necessary or advisable during the progress of the work and the contractor shall be bound to carry out the work in accordance with any instructions in this connection which may be given to him in writing, signed by the Engineer-in-charge and such alterations shall not invalidate the contract. Any additional work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respect on which he agreed to do the main works, and at the same rates as are specified in the tender for the main work.

Where, however, the works is to be executed according to the designs, drawing and

specifications recommended by the contractor and accepted by the competent authority, the alteration above referred to shall be within the scope of such designs, drawings, and specifications appended to the tender.

14. Rates for works not entered i n Estimate or Schedule of Rate of the District If the additional and altered work includes any class of work for which no rate is specified in this contract, then such class of work shall be carried out at state R. & B. Department of Kheda district the rates entered in the Schedule of Rates of the Division or at the rate mutually agreed upon between the E.I.C; and the contractor, whichever are lower. If the additional or altered work for which no rate is entered in the Schedule of Rates of the Division is ordered to be carried out before the rates agreed upon then the contractor within seven days of date of receipt by him of the order to carry out the work inform the E.I.C; for the rate which in his intension to charge for such class of work and if the E.I.C; does not agree to this rate he shall be noticed in writing be at liberty to cancel his order to carry out such class of work and arrange to carry it out in such manner as he may consider advisable provided always that if the rates shall have been determined as lastly here in before mentioned then in such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rate as aforesaid according to such rate or rates as shall be fixed by the ENGINEER-IN-CHARGE In the event of dispute, the decision of the CHIEF ENGINEER will be final.

15. Extension of Time Limit in co nsequence of Addition or Alteration. The time limit for the work shall be extended in the proportion that the increase in its cost occasioned by alterations or additions bears to the cost of the original contract work and the certificate of the Engineer-incharge as to such proportions shall be conclusive.

16. No compensation for Alternatio n in or Restriction of Work to be carried Out.

If at any time, after the execution of the contract documents the Engineer-in-charge shall, for any reason whatsoever, require the whole or any part of the work, as specified in the tender, to be stopped for any period or shall not require he whole or part of the work to be carried out at all or to be carried out by the contractor, he shall give notice in writing of the fact to the contractor who shall thereupon suspend or stop the work totally or partially as the case may be in any such case, except as provided here under the contractor shall have no claim to any payment or compensation what so ever on account of any profit or advantage which he might have derived from the execution, of the work in full but which he did not so derive in consequence of the full amount of work not having been carried out or on account of any loss that he may be put to on account

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of materials purchased or agree to be purchased or for unemployment of labour recruited by him. He shall not also have any; claim for compensation by reason of any alterations having been made in the original specification, drawings, designs and instructions which may involve any curtailment of the work as originally contemplated. Where however, materials have already been purchased or agreed to be purchased by the contractor before receipt by him of said notice, the ENGINEER-IN-CHARGE provided they are not in excess or requirement and are of approved quality and /or shall be compensated for the loss, if any, that he may put to in respect of materials agreed to be purchased by him. The amount of such compensation to be determined by the ENGINEER-IN-CHARGE whose decision shall be final. If the contractor suffers any loss on account of his having to pay, his labour charges during the period, during which the stoppage of work has been ordered under this clause the contractor shall on application be entitled to such compensation on account of labour charges as the EI.C. whose decision shall be final, may consider reasonable provided that the contractor shall not be entitled to any compensation on account of labour charges if, in the opinion of the ENGINEER-IN-CHARGE, the labour could have been employed by the contractor elsewhere for the whole or part of the period during which the stoppage of the work has been ordered as aforesaid.

17. No claim to compensation on acc ount of loss due to delay in supply of materials by GSECL.

The contractor shall not be entitled to claim any compensation from GSECL for the loss suffered by him on account of delay by GSECL in the supply of materials entered in Schedule A where such delay is caused by i. Difficulties relating to supply of railway wagons ii. Force Majeure iii. Act of God iv. Any other reasonable cause beyond the control of GSECL including Shortage of materials to be supplied by the GSECL & difficulties in time by reaching at the site of any materials equipments.

In the case of such delay in the supply of materials, GSECL shall grant such extension of time for the completion of the works as shall appear to the E.I.C. to be reasonable in accordance with circumstances of the case. The decision of the ENGINEER-IN-CHARGE as to the extension of time shall be accepted as final by the contractor.

18. Time Limit for Compensation Cl aims Under no circumstances, whatsoever, shall the contractor be entitled to any

compensation from GSECL on any account unless the contractor has claimed in writing to the ENGINEER-IN-CHARGE within one month of the cause thereof.

19. Action and Compensation payabl e in case of Bad Work If at any time, before the security deposit is refunded to the contractor, it shall appear to

the ENGINEER-IN-CHARGE or his subordinate in charge of the work that any work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality or that any materials or articles provided by him for the execution of the work are unsound or of a inferior quality to that contracted for or are otherwise not in accordance with the contract, it shall be lawful for Engineer-in-charge to intimate this fact in writing to the contractor and then no withstanding the fact that the work, materials or articles complained of, may have been inadvertently passed, certified and paid for, the contractor shall be bound forthwith to rectify or remove and reconstruct the work so specified in whole or any part, as the case may require or if so required shall remove the materials or articles so specified and provided other suitable materials or articles at his own charge and cost, and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in the written intimation aforesaid the contractor shall be liable to pay compensation at the rate of one percent on the amount of the estimate for every day, not exceeding ten days during which the failure so continue and in the event of any such failure as aforesaid the Engineer-in-charge may rectify or

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remove and reexecute the work or remove and replace the materials or articles complained of, as the case may be, at the risk and expense in all respects of contractor should the Engineer-in-charge consider that any such inferior work or materials as described above may be accepted, or made use of, it shall be within his discretion to accept the same as such reduced rates as he may fix thereof.

Provided that in the case of any work of which visible check is not possible, if the Engineer-in-charge or his subordinate in charge of the work feels that such work has been executed with unsound, imperfect or unskillful workmanship or with materials of inferior quality, he shall take sample tests at random, cost of which shall have to be borne by the contractor and if after taking such test, part of such work is found to be defective in any respect or to have been executed with materials of inferior quality, then the contractor shall be paid for the whole work such amount as may be fixed by the office of the Engineer-in-charge on the basis of the lowest quality of work found by him in such samples tests. Explanation: I

Sample Test shall mean: (i) In relation to poles fixed as line supports, the token of one pole out of every 100

poles after taking it out from its foundation for inspection. (ii) In relation to any other work, such test as may be considered necessary, by the

Engineer-in-charge or his subordinate in charge of the work. Explanation : II

Cost of the sample test shall mean cost incurred for the purpose of taking Samples & test and for restoring tested work to its original condition.

20. Work to be opened to Inspectio n, Contractor or Responsible Agent to be present All works under execution or in course of execution in pursuance of the contract shall at

all times be open to the inspection and supervision of the ENGINEER-IN-CHARGE and his subordinate and contractor shall at all times, during the usual working hours and at all other times at which reasonable notice of the intension of the ENGINEER-IN-CHARGE or his subordinates to visit the works shall have been given to the contractor, during which period either he should be present to receive order and instruction, or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the contractor’s duly authorized Agent shall be considered to have the same force and effect as if they had been given to the contractor himself.

21. Notice to be given before work is covered up. The contractor shall give not less then five days notice in writing to the ENGINEER-IN-

CHARGE or his subordinates in charge of the work, before covering up or otherwise placing beyond the reach of measurement of any work, in order that the same may be measured and correct dimensions thereof, taken before the same is so covered up or placed beyond the reach of measurement and shall not covered up or placed beyond the reach of measurement and work without the consent in writing of ENGINEER-IN-CHARGE or his subordinate in charge of work, If any work shall be covered up or placed beyond the reach without such notice having been given or consent obtained, the same shall be uncovered at the contractor’s expense, and in default thereof, no payment or allowance shall be made for such work, or for the materials, with which the same, was executed.

22. Contractor’s Liabilities The Contractor shall supply, at his own cost, all materials (except such special

materials, if any as may be supplied form the GSECL stored in accordance with the contract) plant, tools, appliances, implements, ladders, cordage, tackles, scaffolding and any temporary works which may be required for the proper execution of the work., in the original, altered or substituted form and whether included in the specification or other document forming part of the contract or referred to in these conditions or not and which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-incharge as to any matter on which under these conditions, he is entitled

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to be satisfied or which he is entitled to require together with carriage thereof to and from the work, the contractor shall also supply without charge, the requisite number of persons for setting out works, and counting, weighting and assisting in the measurement of, examinations at the time and from time to time of the work or materials, failing this, the same may be provided by the Engineer-in-charge at the expenses of the contractor and the expenses may be deducted from any money due to the contractor under the contract or from his security deposit or the proceeds of sale thereof or of a sufficient portion thereof the contractor shall provide all necessary fencing and light required to protect the public from accident and shall also be bound to bear expenses of defense of every suit,

action or other legal proceedings of law that may be brought by any person for injury

sustained. Owing to neglect of the above precautions and to pay any damage and costs which may be awarded in any such suit, action or proceedings to any such persons, or which may with the consent of the contractor be paid in compromising any claim by any such person.

23. Contractor Liable for all Dama ges Compensation for all damage done intentionally or unintentionally by contractor’s

laborers, whether in or beyond the limit of GSECL’s property, shall be estimated by the ENGINEER-IN-CHARGE, or such other office, as he may appoint and the estimate of the ENGINEER-INCHARGE, subject to the decision of the Chief Engineer, on appeal, shall be final and the contractor shall be bound to pay the amount of the assessed compensation demand, failing which, the same will be recovered from the contractor as damages or deducted by the Engineer in charge from any sums that may be due to or become due from GSECL to the contractor under this contract or otherwise.

The contractor shall bear the expenses of defending any action or other legal proceedings that may be brought by any person for injury sustained by him owing to neglect of precautions to prevent the spread of fire and he shall also pay any damage and costs that may be awarded by the court if in consequence.

In case the protection work is not completed before the onset of monsoon and if there is damages to the protection work due to floods, it shall be contractors liability to get it repaired at his own cost.

24. Rescission of Contract and Forfeiture of Deposit.

The contractor shall not assign or sublet, without the written approval of the Engineer-in-charge and if the contractor assign or sublet his contract, or attempt to do so or become insolvent or commence any proceedings to be adjudicated as insolvent or make any composition with creditors, attempt to do so, the Engineer-in-charge may, by notice in writing rescind the contract. Also, if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or otherwise shall either directly orindirectly be given, promised or offered by the contractor or any of his servants, or agents, or any person to the employee of GSECL in any way relating to his office or employment or if nay such officers or persons shall become in any way directly or indirectly interested in the contract, the Executive Engineer may, by 10 day’s notice in writing, rescind the contract. In the event of a contract being rescinded the Security Deposit of the contractor shall there upon stand forfeited and be absolutely at the disposal of GSECL and the same consequences shall ensure as it the contract has been rescinded under clause 3 thereof and in addition the contractor shall not be entitled to recover or be paid for any work thereof actually performed under the contract.

25. Compensation

All sums payable by a contractor by way of compensation under any of these conditions shall be considered as a reasonable compensation to be applied to the use of GSECL, without reference to the actual loss or damage sustained and whether any damage has not been sustained.

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26. Change in the constitution o f firm to be notified In the case of tender by partners of a firm, any change in the constitution of firm shall

be forthwith notified by the contractor to the Executive Engineer for his information. 27. Works under direction of Chie f Engineer

All works to be executed under the contract shall be executed under the direction and subject to the approval of the Chief Engineer of the power house, Engineer-in-charge for the time being who shall be entitled to direct at what point or points and in what manner they are to be commenced and from time to time carried on.

28. Decision of Chief Engineer to be final. Except where otherwise specified in contract and subject to the power delegated to him

by GSECL under the GSECL’s rule, then in force the decision of the Chief Engineer of the Power house / ENGINEER-INCHARGE for the time being shall be final, conclusive and binding on all of the specification, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or material used on the or as to any other question, claim, right matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning, the works or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof.

29. Arbitration

‘ALL QUESTIONS, DISPUTES OR DIFFERENCES, WHATSOEVER WHICH MAY AT AN TIME ARISE BETWEEN THE PARTIES TO THIS CONTRACT IN CONNECTION WITH THE CONTRACT OR ANY MATTER ARISING OUT OF OR IN RELATION THERE TO, SHALL BE REFERRED TO THE “GUJARAT PUBLIC WORKS CONTRACTS DISPUTES ARBITRATION TRIBUNAL” AS PER THE PROVISIONS OF THE GUJARAT PUBLIC WORKS CONTRACTS DISPUTES ARBITRATION TRIBUNAL ACT, 1992.

30. Stores to be obtained f rom GSECL The Contractor shall obtain from the GSECL Stores, such articles as are mentioned in

Schedule ‘A’ which may be required for the work or any part of the work or in making up any articles required there fore or in connection therewith, unless he has obtained permission in writing from the ENGINEER-IN-CHARGE or obtained such stores and articles from elsewhere. The value of such stores and articles as may be supplied to the contractor by the Engineer-in-charge will be debited to the contractor in his account at the rate shown in the Schedule “A” attached the contractor and if they are not entered in said schedule they shall debited to him at cost price which for the purpose of this contract shall include cost of carriage and all other expenses whatsoever which may have to be incurred in obtaining delivery of the same at the stores aforesaid and further overhead charges 15%. The Contractor shall be responsible for the loss destruction or deterioration of the materials, stores or articles supplied to him by the GSECL, even if such loss destruction or deterioration has occurred under any circumstances whatsoever beyond his control as if the material, stores or articles so supplied were his property. The contractor shall be responsible for returning the residual materials after completion of the contract and if fails to return, the balance material supplied to him by the GSECL, the cost of the residual materials will be recovered form the contractor at the market rate or stock issue rate whichever be higher at the time of materials account plus 15%.

31.1 Lump Sum in Estimate

When the estimate on which tender is made, includes lump sums in respect of parts of the works the contractor shall be entitled to payment in respect of the items of works involved or the part of the work in question at the same rates as are payable under this contract or such items or if the part of work in question is not in the opinion of the Engineer-in-charge capable to measurement the Engineer-in-charge may at his discretion pay the lump sum amount entered in the estimate and the certificate in writing of the Engineer shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of the clause.

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31.2 Lump Sum Tenders Whenever lump sum tenders have been invited for building or other structures of the

same type, design, the contractor shall submit his bill stated in Clause No.10 and the Engineer-in-charge not below the rank of Executive Engineer shall certify by general measurement or by other method considered suitable to him, the value of work done and the contractor shall be paid monthly a sum equal to 90% of the total value the work so certified, since the last payment, after deducting a part or whole of the secured advance if not already paid for the materials utilised on the works. An additional secured advance for any fresh materials brought on site will also be paid if certified by the officer not below the rank of Executive Engineer. After the work is completed final bill would be paid on the certification of officer not below the rank of Executive Engineer, that the work is done according to drawing and specifications attached to the tender. If any additions and alteration have been carried out, detailed measurements in respect thereof shall be recorded and extra payment or deductions are regulated as per item rates quoted by the contractor while submitting the tender and if there are any items in the additions and alterations for which the contractor has not quoted a rate, the payment shall be as per Clause 14 above.

32. Action where no specificat ions.

In the case of any class of work for which there is no such specifications as is mentioned in clause 1. such work shall be carried out in accordance with the divisional specifications and in there event of there being no divisional specifications, the work shall be carried out in all respects in accordance with the instructions and requirements of the Engineer-in-charge / consultant of the GSECL etc.

33. Industrial Labour Laws 1. Wages to be paid and time o f payment etc. by the Contractor:-

a) The contractor shall pay minimum of Rs. 200.10 per day or as may be specified hereafter or fixed under minimum wages Act whichever is higher. The wages of every contract labour employed by him under this contract shall be paid by him before the expiry of 7th day of the last day of the month in respect 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 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 GSECL. Any default will result in cancellation of contract forthwith or else the contractor shall be punishable to the extend of Rs.100/- fine per each day.

b) The contractor shall give his telephone number and address to the GSECL so that

in case of labour trouble etc., the contractor can be contacted. The contractor shall arrange to have his office outside the factory premises and the contractor keep himself present through out the working hours.

2. Labour Laws:-

(a) Person below the age of 18 years shall not be employed for the work. (b) No female worker shall be employed in the night shift between 7.00 p.m to 6.00

a.m. (c) Contractor shall maintain a valid labour 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 contractor shall be liable to be terminated without assigning any reason thereof.

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(d) The contractor shall at his own expense comply with all labour laws and keep the GSECL indemnified in respect thereof. Some of the major liabilities under various labour and industrial laws which the contractor shall comply with are as under :

i) Payment of contribution of wages of employer's contributions towards Provident Fund,

Family Pension Scheme, Deposit Linked Insurance Scheme, Administrative Charges etc. at the rates made applicable from time to time by Government of Gujarat / Government of India or other Statutory Authorities.

ii) Payment of deposit in respect of each contract labour of the rate of RS.30/- with the office of the Commissioner of Labour as per the Contract Labour Act (Regulation & Abolition).

iii) License Fee as prescribed under the contract Labour Act (Regulation and Abolition) 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) Identity cards as prescribed under the factories Act with photo affixed thereto, the same for identification.

vi) Payment of retrenchment compensation, notice pay and other liabilities as per Industrial Disputes Act. Any payment to the contractor’s employees arising out of any claim of disputes under the Industrial Disputes Act – 1947 or any other laws.

vii) Provision of compensation in the case of accidental injury. viii) Payment of crèche if the female labour employed is more than 30 numbers ix) Maternity leave as per the provision of the Maternity Benefit Act.

The above are some of the major liabiliti es of the contractor in addition to other liabilities prescribed under the various Labour Las in force from time to time from Statutory Authorities like State Government / Gover nment of India which the contractor shall have to comply with.

3. Provident Funds and Family Pe nsion Scheme The contractor shall submit along with his bill (month wise) a statement regarding

deductions against employees provident fund and family pension scheme in respect of each concerned employee. Provident fund and family pension scheme at the rate of 12 % (or at the rates 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 Regional Provident Fund Commissioner, Ahmedabad.

4. Deposit Linked Insurance Sch eme :- The contractor shall have to deposit ½ % of the wages in-respect of employees who is a

member of the Provident Fund as the contribution to the Deposit Linked Insurance Scheme with Regional Fund Commissioner, Ahmedabad.

5. Administrative Charges :- Administrative charges for maintaining Provident Fund Account shall be deposited by

the contractor with Regional Provident Fund Commissioner, Ahmedabad at the rates applicable.

6. Paid Leave Facility

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Paid leave facility at the rate of one day for every 20 days worked by the contract laborers 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 GSECL.

7. Workmen’s Compensation Fund and Employers Liability Insurance: - The contractor

shall cover all his employees under Workmen’s Compensation Fund and under the Liability Insurance.

8. The contractor shall employ adequate number of experienced staff at site for daily supervision and for maintenance of various registers and records required under the law and contract. No payment for supervision shall be admissible.

9.. Contractor To Indemnify The GSECL The contractor shall indemnify and keep indemnified the GSECL and every officer and

employees of the GSECL and also Engineer-In-Charge and his staff against all actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or in connection with the matters referred in above clauses and elsewhere and against all actions, proceedings, claims, demands, costs and expenses which may be made against the GSECL by any workman/ employee of the contractor or any sub contractor and / or from any liability may

arise to any workman /employees of the contractor or any sub contractor under any laws, rules or regulation having the force of law including but not limited to claims against the owner under workman’s compensation Act, 1923. The employee’s Provident Act 1952, and / or the contract Labour (Abolition and Regulation) Act 1979. The GSECL shall not be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the contractor or his sub-contractors, and the contractor shall indemnify and keep indemnified the GSECL against all such damage and compensation and against all claims, demands, proceedings costs, charges and expenses whatsoever in respect thereof or in relation thereto.

10. Workmen’s Compensation And E mployer’s Liability Insurance :- Insurance shall be effected for all the contractor’s for all the contractor’s employees

engaged in the performance of this contract. If any of the work is subletted to the sub-contractor, the contractor shall require that he or his sub-contactor to provide workmen’s compensation and employer’s liability insurance for the latter’s employees unless such employees recovered under the contractor’s insurance.

11. The GSECL reserves the right to terminate this rate contract at any time during its tendency without giving notice of termination or any reasons thereof.

12. The GSECL will be entitled to deduct directly form the bills , to be paid to the Sub-contractor and Labourers any sum or sums payable by contractor and which sum/sums the GSECL is required to pay as a principal employer on account of contractor’s default in respect of all liabilities referred to in above clauses.

13. Nothing in the contract document stated shall any wise constitute any workmen/

employees of the contractor or any sub-contractor as or to be workmen/employee of the power, or place obligation or liability in respect of any such workmen/ employee upon the GSECL.

NOTE: - The prevailing Act at the time of execution of work over and above act specified herein shall be binding to the contractor.

34. No Claim For Variation In Quantities of Work

Quantities shown in the tender are approximate and no claim shall be entertained for quantities of work actually executed, being either more or less up to any extent than those entered in the tender or less than those entered in the tender or estimate.

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35. No Claim For Compensati on for Delay in staring work No compensation shall be allowed for any delay caused into starting of work on

account of acquisition of land and in the case of clearance for works or any delay in according sanction to estimates.

36. No Claim for Compensati on for delay in execution of work No compensation shall be allowed for any delay in execution of the work on account of

water standing in borrow pits or compartment. The rates are inclusive for hard or cracked soil, excavation in mud, sub-soil water or water standing in

borrow pits and no claim for an extra rate shall be entertained unless otherwise expressly specified & mentioned in the tender.

37. Entering upon or commenc ing any portion of work The contractor shall not enter upon or commence any portion of work except with the

written authority or instructions of the Executive Engineer or his subordinate in charge of the work, failing such the contractor shall have no claim to ask for measurement or payment for work.

38. Method of Payment Payment to contractors shall be made by A/c payee cheques provided the amount

exceeds Rs.50/-. Amount not exceeding Rs.50/- will be paid in cash. Generally payment may take 30 to 60 days after passing of bills depending on availability of fund.

39. Acceptance of conditions on tendering for work. Submission to tender or acceptance of work order shall imply acceptance of these

conditions of tender by contractor. 40. Employment of Scarcity Labour

If government declares a state of scarcity or famine to exist in any village situated within 20kms of the work, the piece worker / contractor shall employ upon such part of the work as are suitable for unskilled labour; any person certified to him by the Executive Engineer or by any person to whom Executive Engineer may have delegated this duty in writing to be in need of relief and shall be bound to pay such person wage not below the minimum, which Government may have fixed in this behalf from time to time. Any implementation of this clause shall be decided by the Superintending engineer / Engineer-in-Charge whose decision shall be final and binding on the piece worker/contractor.

.

Date:

Signature of Tenderer with Seal:

Address:

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SECTION-F

TECHNICAL SPECIFICATION

Name of Work: Providing and applying oil paint to existing grills, APEX paint & other misc.civil works at various public location in colony area @ WTPS.

Item No:-1. Painting two coats (excluding priming coat) on existing steel and other metal surface with first coat shall be of light shade and second coat of dark shade of synthetic enamel paint, brushing to give an even shade including scraping with sand paper etc. complete cleaning the surface of all dirt, dust and other foreign matter. 1.0. Materials: Synthetic enamel paint shall conform to I.S. 1932-1964. 2.0 Workmanship: 2.1. General: 1.0. Materials: The enamel paint shall conform to M –44.2 (B) as below. 44.2 (B) Enamel Paints: 44.2.1 The enamel paint shall satisfy in general requirements as mentioned in specification of oil paints. Enamel paint shall conform to I. S. 2933-1975. Approved brand i.e.Asian,Berger,Shalimar only. 2.0. Workmanship: 2.1. General: 2.1.1. The materials required for work of painting work shall be obtained directly from approved manufactures or approved dealer and brought to the site in maker’s drums, keg etc. With seal unbroken. 2.1.2. All materials not in actual use shall be kept properly protected, lids of containers shall be kept closed and surface of paint in open or partially open containers covered with a thin layer of turpentine to prevent formation of skin. The materials which have become stale or flat due to improper and long storage shall not be used. The paint shall be stirred thoroughly in its container before pouring into small containers. While applying also the paint shall be continuously stirred in smaller container. No left over paint shall be put back into stock tins. When not in use, the containers shall be kept properly closed. 2.1.3. If for any seasons, thinning is necessary, the brand of thinner recommended by the manufacturer shall be used. 2.1.4. The surface to be painted shall be thoroughly cleaned and dusted. All rust, dirt and grease shall be thoroughly removed before painting is started. No painting on exterior or other exposed parts of the work shall be carried out in wet, damp or otherwise unfavorable weather and all the surfaces shall be thoroughly dry before painting work is started. 2.2. Application:

2.2.1. Brushing operations are to be adjusted to the spreading capacity advised by the manufacture of particular paint. The paint shall be applied evenly and smoothly by means of crossing and laying off. The crossing and laying off consists of covering the area over with paint, brushing the surface hard for the first time over and then brushing alternately in opposite directions two or three times and then finally brushing lightly in direction at right angles to the same. In this process, no brush marks shall be after the laying off is finished. The full process of crossing and laying off will constitute one coat. 2.2.2. Each coat shall be allowed to dry completely and lightly rubbed with very fine grade of sand paper and loose particles brushed off before the next coat is applied. Each coat shall vary slightly in shade and shall be got approved from Engineer-in-charge before next coat is started i.e. 1st coat shall be of light shade and 2nd coat of dark shade of synthetic enamel paint as directed by EIC. 2.2.3. Each coat except the last cost shall be lightly rubbed down with sand-paper of fine pumic stone and cleaned of dust before the next coat is applied. No hair marks from the brush or clogging of paint puddles in the corners of panels angles job mouldings etc. Shall be left on the work. 2.2.4. Special care shall be taken while painting over bolts, nuts, rivets, overlaps etc. Approved best quality brushes shall be used. 3.0. Mode of measurements & payment:

3.1. The new steel and other metal surface shall be measured under this item.

3.2. All the work shall be measured net in the decimal system as executed subject to the following limits unless otherwise stated hereinafter:

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(a) Dimensions shall be measured to the nearest 0.01 metre. (b) Areas shall be worked out to the nearest 0.01 Sq. Metre. 3.3. No deductions shall be made for openings not exceeding 0.5 sq. Mt. Each and no addition shall be made for painting to beadings, mouldings, edges, jambs, soffits, etc. Of such opening. 3.4. In case of fabricated structural steel and iron work, priming coat of paint shall be included with fabrication. In case of trusses if measured sq. M. Compound girders, stanchions, lattices, girder and similar work, actual area shall be measured in sq. M. And no extra shall be paid for painting on bolts, heads, nuts, washers etc. No addition shall be made to the weight calculated for the purpose of measurements of steel and iron works for paint applied on shop or at site. 3.5. The different surfaces shall be grouped into one general item, areas of uneven surface being converted into equivalent plain areas in accordances with the table given as per Annexure II for payment. The rate excludes cost of priming coat.

3.6. The rate shall be for a unit of one sq. Metre.

Item No:- 2. Finishing wall with weather proof Acrylic Emulsion Exterior Paint on wall surface (three coat) to give and even shade & of approved brand & manufacture of Asian paint Apex Ultima or ICI Weather shield Max including thoroughly brooming the surface to remove all dirt and remains of loose powered materials. Where new surface is to be painted, it shall be cleaned properly. All dust loose material on surface shall be removed. All depressions, etc. on surface, holes etc., shall be filled and leveled, in case of old surface to be painted. If scrapping of old whitewash/ painting is included, the same shall be done as provided in scraping item.

Surface imperfections such as holes, dents, fine cracks are to be filled with wall putty or a mixture of white cement and fine sand in the ratio of 1:3. In the case of freshly plastered completely cured surfaces only, apply one coat of exterior wall primer by mixing primer and water in the ratio of 1:1. Apply two coats of Asian paint Apex Ultima or ICI weather shield Max by diluting 1 liter of paint with a maximum 400 ml of water. Keep an interval of six hours between two coats. Assure that horizontal surfaces like tops of windows, ledges etc. are painted such as to give greater protection. Sufficient quantity shall be prepared in one batch so that difference on application is not observed due to various batches.

The coat shall be laid vertical and horizontal alternatively. Second coat shall be applied only after previous coat has dried and approved by Engineer-in-charge. Surface to be painted shall be got approved before commencing work and as per completion of work. If surface is found non-uniform and in patched, whole surface will have to be given additional coat without any extra cost, to give uniform paint application.

Rate quoted shall be for material, labour, scaffolding, cleaning of surface, before starting work and cleaning floor, door, window etc. after completion of work. Measurement shall be taken as per I.S. 1200 (Part-13) 1987 (Latest revision) and deduction for the opening shall be made as follows as the case may be. Payment shall be made for actual area in square meter covered with paint.

Deductions:-

For jambs, soffits, sills etc. for opening not exceeding 0.5m2 each in area;

for ends of joints, beam posts, girders, steps etc., not exceeding 0.5m2 each in area; and for openings exceeding 0.5m2 and not exceeding 3m2 each in area, deductions and additions shall be made in the following manner:

No deduction shall be made for ends of joints, beams, posts etc. and openings not exceeding 0.5m2 each and no addition shall be made for reveals, jambs, soffits, sill of these openings or for finish around end joints, beams, posts etc.

Deductions for openings exceeding 0.5m2 but not exceeding 3m2 each shall be made as follows and no addition shall be made for reveals, jambs, soffits, sills etc. of these openings.

1) When both faces of wall are provided with the same finish, deduction shall be made for one face only. 2) When each face of wall is provided with a different finish, deduction shall be made for that side on which width of reveal is less than that of the other side but no deductions shall be made on the other side where widths of reveals on both faces of wall are equal, deduction of 50 percent of area of opening on each face shall be made from area of finish.

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3) When only one face is treated and other face is not treated, full deduction shall be made if width of reveal on the treated side is less than that on the untreated side, but if width of reveal is equal or more than that on untreated side, neither deduction for the opening nor addition for reveals, jambs, soffits, sills etc. shall be made. 4) When width of door frame is equal to thickness of wall or is projecting beyond the thickness of wall, full deduction for opening shall be made from each face of wall. 5) When the reveal is only on one side, full deduction for the face having no revealed shall be made and for the face having reveal, deduction of 50 percent of the opening shall be made.

In case of openings of areas above 3M² each, deduction shall be made for openings, but jambs, soffits and reveals shall be measured. No deduction shall be made for attachments, such as casings, conduits, pipes, electric wiring and the like.

The rate shall be for a unit of one square meter.

Item No:-3. Scraping the white wash from wall surface inside & outside etc., with sand papers & wire brush including cleaning the scales & floor, scaffolding etc., complete as directed by E.I.C. Existing while or co lour washed surface is to be scrapped, before application of other distemper or paint or Apex paint. Surface shall be cleaned with sand paper and whitewash shall be completely removed. Care shall be taken to see that scratches are not observed on surface nor any damage is done. After all whitewash is removed or at end of day’s work, floor shall be cleaned with water. Necessary scaffolding shall be provided by contractor.

Payment shall be made for actual sq. meters of area scrapped and white or colour wash is removed completely as instructed by Engineer-in-charge. Rate quoted shall include cleaning walls, ceiling, floors etc. The rate shall be for a unit of one sq.mt. The rate is inclusive of scaffolding/jhulas required for the work Item No:-4. Painting the sign board (excluding priming coat) with lettering on both the sides on existing sign board in GSECL colony area with two coat shall be of synthetic enamel paint, brushing to give an even shade including scraping with sand paper etc. complete cleaning the surface of all dirt, dust and other foreign matter. Letters shall be painted with best synthetic enamel paint of approved quality make and tint. Generally the letters shall be painted with black letters with yellow back ground and black border of 12 mm size or as per instruction of Engineer-in-charge and as specified in item. The letter shall be painted at the place shown by Engineer in charge. Oil paint shall be of approved brand i.e.Asian,Berger,Shalimar only. Payment shall be made per number including all materials, labour, scaffolding etc. complete.

Sign. of contractor Supdt. Engineer (Civil) GSECL, WTPS

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PRICE BID

Schedule-B

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GUJARAT STATE ELECTRICITY CORPORATION LIMITED WANAKBORI THERMAL POWER STATION

SCHEDULE- B Subject :- Providing and applying oil paint to existing grills, APEX paint & other misc.civil works at

various public location in colony area @ WTPS.

Sr.

No. DESCRIPTION QTY RATE UNIT AMOUNT

1 Painting two coats (excluding priming coat) on existing steel and other metal surface with first coat shall be of light shade and second coat of dark shade of synthetic enamel paint, brushing to give an even shade including scraping with sand paper etc. complete cleaning the surface of all dirt, dust and other foreign matter.

850 60.00 SMT 51,000

2 Finishing wall with weather proof Acrylic Emulsion Exterior Paint on wall surface (three coats) to give and even shade & of approved brand & manufacture of Asian paint Apex Ultima or ICI Weather shield Max including thoroughly brooming the surface to remove all dirt and remains of loose powered materials.

1,000 71.50 SMT 71,500

3 Scraping the white wash from wall surface inside & outside etc., with sand papers & wire brush including cleaning the scales & floor, scaffolding etc., complete as directed by E.I.C.

1,000 1.50 SMT 1,500

4 Painting the sign board (excluding priming coat) with lettering on both the sides on existing sign board in GSECL colony area with two coat shall be of synthetic enamel paint, brushing to give an even shade including scraping with sand paper etc. complete cleaning the surface of all dirt, dust and other foreign matter.

100 269.50 NO. 26,950

Total Rs. 1,50,950.00 I/we here by agree to carryout work at ____________ % Above Rs

_____________ % Below Rs. Estimated Rs. Total Rs. All royalties, sales tax, toll tax, local tax, development charges, VAT tax and any other taxes including works contract tax etc., in respect of this contract and also any statutory variation in future towards above mentioned taxes & any other taxes if levied in future by statutory authority applicable to the this contract shall be payable by the contractor and GSECL will not entertain any claim whatsoever in this respect. The rates will be "Excluding the service tax'. The reimbursement against “Service tax" will be paid to the contractor as per Govt., rules & regulations. The proof of payment made by the contractor to the appropriate department shall be submitted to GSECL, failing which appropriate amount shall be withheld on getting information/instruction from the concerned department. On award of contract, the contractor shall have to pay 1% welfare cess to the concerned department on estimated cost of the work; the proof of payment shall be submitted to GSECL for reimbursement. S.E.(CIVIL)

WANAKBORI THERMAL POWER STATION DISTRICT KHEDA … · Any clarification regarding the tender shall...

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