Maharashtra State Electricity Transmission Co. LTD.: Index SR. NO. Particulars NO. Tender Notice

MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD. Office of the EXECUTIVE ENGINEER, HVDC TL O&M Division, M.S.E.T.C.L.
, CSTPS Complex, Urjanagar, Chandrapur

INDEX SR. NO. 1) 2) 3) PARTICULARS TENDER NOTICE Special Attention to Bidder/Bidders SECTION-I Invitation to Bid SECTION-II Instructions to Bidders SECTION-III Special Terms & Conditions Related to Work SECTION-IV General Terms and Conditions of Contract SCHEDULE A Scope of Work & Annexure A SCHEDULE B Price Bid SCHEDULE C Acceptance SCHEDULE D Particulars of Bidder INDEMNITY/AGREEMENT BOND PAGE NO. 2-3 4 5-6
4)
7-10
5)
11-12
6)
13-46
7)
47-48
8)
49
9)
50
10)
51
11)
52-53
1
DATED SIGNATURE OF BIDDER WITH SEAL
MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD.

E-TENDER NOTICE
Digitally signed online bids (E-tender) are invited for following tender specification through Etender process of MSETCL in two bids format from reputed & registered Electrical Contractors on MAHATRANSCO e-tendering website: http://etender.mahatransco.in/e-Tender/etender to execute described work. Sr. No. 1 Particulars Tender specification Description EE/HVDC/TL/O&M/DN/Tech/T-02/2011-12 The work of tree cutting, Up-rooting the roots of trees & leveling the land along 52 M corridors beneath +/500KV Chandrapur Padghe HVDC line, in the private forest for which the tree compensation is paid as per the order of collector , Yavatmal. Time Limit :- 70 working days 3 4 5 6 7 8 Estimated Cost Bid security deposit EMD Rs.9,16,162/Rs.9165/(Either in the form of Cash or Demand Draft) Dt.:-21.12.2011 Up To 15:00 Hrs. Rs.1000 + VAT Rs.50= Rs.1050/Dt.:-14.12.2011 At:-00:00 Hrs. Up to Dt.21.12.2011 at 23:59 Hrs. Dt.:-21.12.2011 Up To 23:59 Hrs.
Description of work
Last Date & Time(Hrs) for Bid security deposit EMD

Tender price
Date and Time (Hrs) of sale download of tender document Last Date & Time(Hrs) for submission of tender documents Date & time (Hrs.) for online opening of online tender documents Contact person Website
Technical bid Commercial bid
Dt. 22.12.2011 At 12:00 Hrs. (onwards) if possible Dt. 22.12.2011 at 15:00 Hrs. (onwards) if possible. The Junior Engineer (O): Mob. No. 9423762973 http://etender.mahatransco.in/e-Tender/etender
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Relevant portions of the Tender which the bidders have to fill online would be available on aforesaid web site. Demand Draft for Tender fee & EMD should be in favor of ^The EXECUTIVE ENGINEER, HVDC TL O&M DIVISION: payable at Chandrapur on any Schedule Bank. Tender documents can be downloaded online from aforesaid website. 2
Eligible bidder should submit their bid well in advance instead of waiting till last date.
Scanned copy/copies of DD or EMD receipt should be submitted online along with tender bid. The original DDs should be submitted in this office on 21.12.2011 upto 15:00 Hrs. In case of non submission of original DDs bidders will be disqualified.
MSETCL will not at all responsible for non-submission of Bid due to any website related problems which please note. MSETCL reserves all rights to alter, amend, add, delete, and relax any tender conditions or entire tender in the interest of company without assigning any reasons thereof which may please be noted.
Note: All eligible contractors are mandated to get enrolled on E-Tendering portal.
EXECUTIVE ENGINEER
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SPECIAL ATTENTION TO BIDDERS ATTENTION of the Bidders is specifically invited for the compliances of the following requirements at the time of the online submission of the Tender. If any of these requirements are not fulfilled, tenders will be liable for rejection. 1) Offer should be submitted separately as Qualifying Bid and Price Bid respectively. 2) In Qualifying bid, the Bidder should online submit the scanned copies of following Documents :Valid Registration with any of the organization like CPWD / PWD / MES / Railways / MSEB /MSETCL/ MSPGCL/ MSEDCL or any Other approved Govt. Dept. o Certificate towards satisfactory completion of the similar nature of work executed during last 3 financial years to the tune of 60% of Estimated Cost. The Performance certificate should be from Competent Authority not less than the rank of EXECUTIVE ENGINEER or Equivalent. o Income Tax Return Filed / CA Certificate for the FY 2008-09,FY 2009-10 to FY2010-11. o PAN Card. o Sales Tax/VAT/MVAT/CST Registration Certificate. o Provident Fund Registration Certificate under EPF Act. o Valid Electrical Contractor License. o Service Tax Registration Certificate. o Money Receipt towards Tender Price, EMD ( If deposited in cash), o DD towards Tender Price, EMD( If deposited by DD) o Valid Solvency Certificate to the extent of 10 Lakhs issued by Scheduled Nationalized Bank or Government Revenue Authority o The list of works presently in hand with their costs and time limit for satisfactory completion of work. o The Schedule C & Schedule D duly filled should be enclosed along with Qualifying Bid ( Proforma Enclosed with Tender documents ) The entire certificates which the bidder desired or required to be submitted (including Xerox copies if any) should bear the full signature of bidder along with seal. o 3) In Price Bid, bidder should submit the scanned copy of Schedule B duly filled-up along with rates and amount in numerical as well as in words. 4) The Qualifying bid will be opened first and if found suitable and in line, then the corresponding commercial bid will only be opened for further consideration.
EXECUTIVE ENGINEER
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SECTION-I INVITATION TO BID 1.0 The Maharashtra State Electricity Transmission Company Limited, hereinafter referred to as the MSETCL, invites online bids (E-tender) for the tender specification detailed in tender notice through E-tender process of MSETCL in two bids format from reputed & registered Electrical Contractors on MAHATRANSCO e-tendering website: http://etender.mahatransco.in/e-Tender/etender to execute described work. Description of the work given in notice is only indicative and detailed scope is described in the SCHEDULE A. QUALIFYING REQUIREMENTS FOR BIDDERS The Bidder should have sufficient experience of execution of similar nature works earlier for 220 KV and above Voltage lines. The Bidder should be or have an Electrical Contractor possessing a valid Electrical Contractors License issued by the Government of Maharashtra. The Bidder should also be registered under Mumbai Sales Tax Act-1959/VAT and Maharashtra Works Contracts Act-1985. Notwithstanding anything stated above, the MSETCL reserves the right to assess the Bidders capability and capacity to perform the contract should the circumstances warrant such assessment in the overall interest of the MSETCL. The Contractor should be registered under EPF Act and Produce P. F. registration document & registration number with the qualifying bid. A complete set of bidding documents may be downloaded by the interested eligible bidders from the e-tendering website: http://etender.mahatransco.in/e-Tender/etender upon payment of specified amount towards cost of bid documents either in cash or demand draft payable to the EXECUTIVE ENGINEER, HVDC TL O&M Division, Chandrapur. Bid document is not transferable. However, issue of the bid documents will not automatically mean that such bidder is qualified for opening of Price Bid or awarding the contract. The Bidder shall be required to submit 1% (One percent) of Estimated Cost as Bid security Deposit (Earnest Money Deposit) along with the offer. The Bid Security Deposit will be accepted only in the form of cash or Demand Draft payable to the EXECUTIVE ENGINEER, HVDC TL O&M Division, Maharashtra State Electricity Transmission Company Limited, Chandrapur. In no case, exemption for payment of earnest money will be granted. The tender without E.M.D. will not be considered.
2.0
3.0 3.1
3.2
3.3
3.4
3.5
3.6
3.7
5
The tender will not be opened unless E.M.D. is paid. The EMD of the unsuccessful tender will be returned after the issue of work order to the successful bidder only after submission of original receipt. The EMD of the successful bidder will be returnable after payment of Security Deposit. No interest will be paid to the Bid Security Deposit under any circumstances which may please be noted. 3.8 The Bidder shall be required to submit a contract performance guarantee i.e. Security Deposit @ 10% (Ten percent) of the contract price in the event of contract being awarded to him. The same will be refunded only after satisfactory completion of the Guarantee / Warrantee period. No interest will be paid to the Security Deposit under any circumstances which may please be noted. Interested eligible bidders may obtain further information, if needed from the office of the EXECUTIVE ENGINEER, HVDC TL O&M Division, Maharashtra State Electricity Transmission Limited, Chandrapur. Bidders are requested to note the dates for purchase, Submission and opening of bid documents and bids detailed in the E-tender notice. In Case the due date for sale, receipt and /or opening of bids happens/declared to be a holiday, the next working day shall be the corresponding due date. 3.10 In price bid SCHEDULE B the corrections if any should be duly certified & accepted with signatures of the bidder or his authorized representative. The rates quoted shall include cost of all materials, labour, plant, equipment, temporary works, tool, setting out, supervision, transport, taxes, excise duty, royalties and local, state or central taxes or levies payable on all transactions, insurance, and everything necessary like compensation to the respective towards overcoming way leave problems for due completion and proper performances of all works under the contract and nothing will be paid extra. The percentage of the Taxes quoted should be shown separately so as to avail the concession if any. The Bidder shall be required to be well conversant with the WAY OF PASSING of the line before quotating the rates.
3.9
EXECUTIVE ENGINEER
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SECTION-II INSTRUCTIONS TO BIDDER 1.0 The Maharashtra State Electricity Transmission Company Limited, constituted under the Companies Act 1956 & having its registered office at Prakashganga Plot No. C-19, EBlock Bandra-Kurla Complex Bandra (East), Mumbai-400051 hereinafter called the MSETCL acting through EXECUTIVE ENGINEER HVDC TL O&M Division, Maharashtra State Electricity Transmission Company Limited, Chandrapur wishes to appoint a contractor for the work described in the E-tender notice. In pursuance of these objectives, the MSETCL wishes to invite competitive bids from experienced and competent bidders. GENERAL INSTRUCTIONS MSETCL invites bids in respect of work to be done as set forth in the accompanying Specifications. All bids are required to be prepared and submitted in accordance with the instructions, set for the hereinafter. MSETCL reserves the right to accept any bid or reject any or all bids or cancel/withdraw invitation to Bid at any time without assigning any reason for such decision. Such decision of the MSETCL shall not be subject to question by any bidder and MSETCL shall bear no liability whatsoever for such a decision. COST OF BIDDING All the costs and expenses incidental to preparation of the bid, pre-award discussions, technical and other presentations including any demonstrations etc. shall be to the account of the Bidder and MSETCL shall bear no liability whatsoever towards such costs and expenses regardless of the conduct or outcome of the bidding process, 4.0 UNDERSTANDING OF BID DOCUMENT The bidder is expected to examine all instructions, terms and conditions, forms and specifications in the Bid Documents and fully inform himself as to all the conditions and matters which may in any way affect the works or the cost thereof. Further, failure to furnish all information required as per the Bid Documents or submission of a bid not substantially responsive to the bid document in every respect will be at the Bidders risk and may result in the rejection of his bid at any time. 5.0 5.1 AMENDMENT OF BIDDING DOCUMENTS At any time prior to the deadline for submission of bids, the MSETCL may for any reason, whether at his own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding documents by amendment. The amendment will be notified in writing or by telex, fax, Email or cable all prospective Bidders who have purchased the Bidding Documents and it will be binding on them. 7
2.0 2.1
2.2
3.0
5.2
5.3
In order to allow prospective bidders reasonable time in which to take the amendment into account in preparing their bids, the MSETCL may, at his discretion, extend the deadline for the submission of bids. DOCUMENTS COMPRISING THE BID The Bid prepared by the Bidder shall comprise the following components :Bid document duly signed in completely. Qualifying bid. Price Bid Schedule B Complete details regarding Financial, Technical and Organizational capability of the bidder shall be submitted for the assessment.
6.0 6.1 (a) (b) (c)
7.0 7.1
BID PRICES The Bidders shall quote the prices inclusive of all duties & taxes in the Schedule B in Price Bid by filling the corresponding columns in the schedule. Bidders quoting a system of pricing other than that so specified run the risk of rejection. The Bidder shall quote the Bid Price in Indian Rupees only. PRICE VARIATION The prices quoted in the price schedule shall be on firm basis & shall not be subject to variation. The prices quoted should be valid for a period of 24 months from the due date of submission of bid.
7.2 8.0
9.0 9.1
QUALIFYING & ELIGIBILITY REQUIREMENT OF THE BIDDER The Bidder will be qualified & eligible for bidding provided all the conditions as mentioned in Section I are satisfied by him. SIGNING OF BIDS The Bid must contain the name and places of business of the person or persons making the bid and must be signed and sealed by the Bidder with his usual signature. The names of all persons signing should also be typed or printed below the signature. All pages of bid drawings and other documents shall be initialed at the lower right hand corner with ink only and signed where required by the bidder. Bid by a partnership firm must be furnished with full names of all partners and be signed with the partnership name, followed by the signature and designation(s) of the authorized partner (s) or other authorized representative(s). Bid by Corporation/Company must be signed with the legal name of the Corporation/Company and by the President, Managing Director, Secretary or other person or persons authorized to bid on behalf of such Corporation/Company in the matter.
10.0 10.1
10.2
10.3
8
10.4
A bid by a person who affixes to his signature the work President Managing Director Secretary Agent or other designation without disclosing the details concerning the principal on whose authority he is signing the bid, will be rejected. Satisfactory evidence of authority of the person(s) signing on behalf of the Bidder shall invariably be furnished with the bid. The Bidders name stated on the proposal shall be the exact legal name of the firm. Erasures or other changes in the Bid including the proposal documents shall be initialed by the person(s) signing the bid. Bids not conforming to the above requirements of signing may be disqualified, which may please be noted. INFORMATION REQUIRED WITH THE BID:Bidder shall submit complete information as required under the relevant schedules of the accompanying bid forms and price schedules. In case the information contained in the bid is in contradiction with the requirements of the specification, the specification requirements will govern, unless otherwise brought out clearly. If the bidder deliberately gives wrong information in his bid to create circumstances for the acceptance of his bid, the MSETCL reserves the right to reject such bid and/ or cancel the order at any time if placed. Bid submitted shall be for the complete scope of work as envisaged in the MSETCLs specification. Bid submitted for partial scope of work will not be acceptable. SUBMISSION OF BIDS:All the proposals must be on line submitted by the bidder with in the date & Time detailed in E-tender Notice. The MSETCL will not be responsible for any website related problems. The MSETCL reserves the right to reject any bid, which is not submitted in accordance with the instructions, stipulated above without assigning any reason thereof to the bidder. The MSETCL may, at his discretion extend the dead line for submission of bids by amending bidding documents in which case all rights and obligations of the MSETCL and bidders subject to the previous dead line will thereafter be subjected to the dead line as extended. Any bid received by the MSETCL after the deadline for submission of bids prescribed by the MSETCL, will not accepted. The Bidder may modify or withdraw its bids after the bids submission, provided that written notice of the modification or withdrawal is received by the MSETCL prior to the deadline prescribed for submission of bids. 9
10.5
10.6 10.7
10.8
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11.2
11.3
11.4
12.0 12.1
12.2 12.3
12.4
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12.7
In case of withdrawal of Bid the Bidders modification or withdrawal notice shall be prepared by E-mail followed by a signed confirmation copy by post marked not later than the deadline for submission of bid. No bid should be modified subsequent to the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiring of the period of bid validity specified by the Bidder. Withdrawal of a bid during this interval may result in the Bidders forfeiting of its Bid Security Deposit i.e. EMD.
13.0
CONTACTING THE MSETCL Bids shall be deemed to be under consideration immediately after those are opened and until such time no official intimation of award/rejection will be made by the MSETCL to the Bidders. While the bids are under consideration, Bidders and /or their representatives or other interested parties are advised to refrain from contacting by any means, the MSETCL and /or his employees/ representatives on matters related to the bids under consideration. The MSETCL, if necessary will obtain clarifications on the bids by requesting for such information from any or all the bidders either in writing or through personal contact as may be necessary, Bidders will not be permitted to change the substance of the bids after the bids have been opened.
14.0
PRE BID CONFERENCE The MSETCL may conduct a Pre Bid Conference of the prospective Bidders prior to due date of the bid submission and opening. The date of this proposed meeting will be intimated to the prospective bidders in due course.
EXECUTIVE ENGINEER
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SECTION-III
SPECIAL TERMS & CONDITIONS RELATED TO WORK
NAME OF WORK: The work of tree cutting, Up-rooting the roots of trees &
leveling the land along 52 M corridors beneath +/- 500KV Chandrapur Padghe HVDC line, in the private forest for which the tree compensation is paid as per the order of collector , Yavatmal.
A) TIME LIMIT:The total work should be completed within maximum 70 working days. Agency has to deploy more than one gang of labours be so as to complete the work within 70 working days. All T&P required, conveyance and camping of labours is to be arranged by the agency.
B) SCOPE OF WORK:The details of spans are enclosed in Annexure A If the trees, bushes and shrubs in 52 m belt for 500 KV Lines is not cleared, penalty will be levied, the details of which are herewith. Required clearances/permissions, if needed, from Forest Authorities will be obtained by the DyEE HVDC TLO&M S/division, Yavatmal. However, the agency should provide the necessary help for obtain permission. The trees which are to be deposited to the forest authorities, if any, are to be carried from site to the requisite forest office/depot by the contractor. C) TOOLS & TACKLES: - All the tools and tackles and consumables required for the work shall be arranged by you at your cost. No. T&P will be provided by MSETCL
D) LIQUIDATED DAMAGES./Penalty:- If the contractor fails to complete all the works within the time frame stipulated as completion period or within any extension of time granted by the owner, the owner shall levy liquidated damages for breach of contract without prejudice to any other rights and /or remedies provided for the contract. The liquidated damages shall be levied at % (half percent) of the total contract price per week of delay subject to maximum of 5% (five percent) of the contract price for the entire scope of work. In case of such maximum delay, the contract may be terminated by the Owner and the balance work shall be completed by the Owner at the risk and cost of the contractor. E)SAFETY :- a)The contractor should provide all safety equipments Viz. Safety helmets, hand gloves, belt, shoes etc. required for the works to his workers. If any accident occurs due to nonsupply of these equipments or careless handling of equipments, the same shall be to the contractors risk and cost. The contractor must maintain one first aid box in safe custody. b) It should be noted that the HVDC Line is in LIVE condition. So the Contractor should supervise his labours to ensure safety to life during execution of tree cutting work below the live line.
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c) The trees cutting should be in such a way that in no case. The tree should fall on or touch any of the transmission/ distribution lines or enter into the induction zone of any line or enter into the induction zone of any line. The loss occurred due to tripping /damage to such line due to negligence of work execution will be deducted from your bill. F) PAYMENT TO THE WORKERS: - The contractor will have to pay minimum wages to his workers as specified by the Commissioner of Labours. G). COMPENSATION: - If any accident occurs to the Contractors Labour, while on duty, Department will not be responsible in any way either legal or financial for the accident to the Contractors labours and the same shall be at the risk and cost of yourself. The Contractor will have to pay the compensation as per Workmens Compensation Act 1923 to the Labours/staff. If the contractor fails to pay the same, it will be recovered from any of his bills due for payment to him by the MSETCL and will be paid to the concerned person or his dependent/heirs/Govt. Authority etc. as required under the rules and regulations. H) TERMINAL BENEFITS: - If applicable, on expiry of the Contract/termination of the Contract, you will have to pay all the terminal benefits to your labours, as per the statutory provisions of various Labour Laws. I) No extra claims and idling charges on any account will be entertained. J) The trees should be cut in such a way that no damage is done to the existing crops in the field. If any damage occurs to the crops in the field, agency has to pay the crop compensation to the owner of the crop immediately & no complaint in this matter (or delay due to this), will be entertained by this office.
EXECUTIVE ENGINEER
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SECTION-IV GENERAL TERMS & CONDITIONS OF CONTRACT 1.0 DEFINITION OF TERMS In constituting these general terms and conditions and the annexed specifications, the following words shall have the meaning herein assigned to them. MSETCL shall mean the Maharashtra State Electricity Transmission Company Ltd. And shall include their legal representatives, successors and permitted assigns. CONTRACTOR shall mean the Bidder whos Bid has been accepted by the MSETCL for the award of the contract and shall include such successful Bidders legal representatives, successors and permitted assigns. SUB-CONTRACTOR shall mean any person (other than the Contractor) named in the contract for any part of the work or any person to whom any part of the contract has been sublet by the Contractor with the consent in writing of the MSETCL/Engineer and will include the legal representative. ENGINEER shall mean the officer appointed in writing by the MSETCL to act as Engineer in charge from time to time for the purpose of the contract. ENGINEERS REPRESENTATIVES shall mean any assistant of the Engineer appointed from time to time to exercise the powers, directions, functions, and other authorities vested to the Engineer. The terms Equipments Materials, Stores shall mean and include Plant Stores and Materials to be provided by the Contractor under the contract. Works shall mean The work of tree cutting, Up-rooting the roots of trees &
1.1
1.2
1.3
1.4
1.5
1.6
1.7
leveling the land along 52 M corridors beneath +/- 500KV Chandrapur Padghe HVDC line, in the private forest for which the tree Compensation is paid as per the order of collector, Yavatmal.
1.8 SPECIFICATION shall mean the Tender specification forming a part of the contract and such other Schedules and drawings as may be mutually agreed upon. SITE shall mean the whole of the premises, building and grounds in or upon which the work or works is or are to be provided, executed, erected done or carried out. Notice of Award of contract/letter of intent shall mean the official notice issued by the MSETCL notifying the Contractor that his bid has been accepted. The CONTRACT shall mean the agreement, if any to be entered into by the MSETCL with the contractor and shall include the conditions of contract. Specification, schedules tender guarantees, drawings and any further conditions which may be specifically agreed to between the parties as forming a part of the contract.
1.9
1.10
1.11
13
1.12
CONTRACT PRICE shall mean the sum named in the contract agreement if any or the work order by the MSETCL, subject to such additions there to or deductions there from as may be made under the provisions herein after contained. CONTRACT VALUE shall mean that part of contract price which is properly apportion able to the work in question having regard to the amount of work done and all other relevant circumstances and disregarding ant changes that may have occurred since the date of contract in the cost of executing the works. Manufactures Supervisory Personnel shall mean the supervisory personnel deputed by the Contractor or any other manufacturer who has supplied materials under whose supervision the installation of equipment is to be carried out. DATE OF CONTRACT shall mean the date on which letter of Intent (L.O.I.) is issued and / or acceptance of bid is intimated to Contractor as the case may be. DELIVERY PERIOD shall mean the time period required from issue of LOI/Telegraphic intimation of acceptance of bid to the stage the works are ready for trial operation and inclusive of performance test. COMMISSIONING shall mean the first successful operation of the equipment after all initial adjustments, trials etc. cleaning & reassembly required at site, if any, have been completed & the EHV Lines are made ready for commercial use. The term FINAL ACCEPTANCE shall mean the MSETCLs written acceptance of the works performed under the contract after successful testing and commissioning of the equipments offered under this contract. GUARANTEE PERIOD shall mean the period during which the Contractor shall remain liable for repair, replacement of any defective parts of the works performed under the contract. MONTH shall mean the calendar month DAY or DAYS unless herein otherwise expressly defined, shall mean calendar day or days of 24 hrs each. WRITING shall include any manuscript, under or over signature and / or seal as the case may be. When the words APPROVE, Subject To Approval , As directed, Accepted, etc, or words or phrases of like are used, the approval, direction ,Judgments etc. is understood to be a function of the MSETCL /Engineer. Drawings Plans shall mean all:Drawings furnished by the MSETCL as a basis for the bid proposal. Supplementary drawings, if any, furnished by the MSETCL to clarify and to define in greater detail the intend of the Contract. Drawings furnished by the Contractor/Manufacturer to the MSETCL during the progress of the work. 14
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23 (a) (b)
(c)
1.24
Codes shall mean the following but not limited to the following including the latest amendments and / or replacement if any. Indian Electricity Act 1910 and Rules and Regulations made there under recently superseded by the Indian Electricity Act- 2003. Indian Factory Act 1948 and Rules and Regulations made there under. Other internationally approved standards and / or Rules and Regulations as applicable touching the subject matter of Contract. Words importing the singular only shall also include the plural and vice-versa where the context so requires. Words importing Persons shall include firms, companies corporations and associations or bodies of individuals whether incorporated or not. Terms and expressions not herein defined shall have the same meaning as are assigned to them in the Indian Sale of Goods Act (1930), failing that in the Indian Contract Act (1872) and failing that in the General Clauses Act (1987). SCOPE OF CONTRACT The Scope of work will be as per Schedule A
(i)
(ii) (iii)
2.0
2.1
2.2
3.0
4.0 4.1
ENGINEERS SUPERVISIONS ENGINEERS INSTRUCTIONS:All instructions and orders to the Contractor shall, be given by the Engineer.
4.2
ENGINEERS REPRESENTATIVE The Engineer may from time to time delegate to Engineers Representative any of the powers, discretions, functions and authorities vested in him and may at any time revoke any such delegation. Any such delegation or revocation shall be in writing signed by the Engineer and in case of delegation shall specify the powers, discretions, functions and authorities thereby delegated and the person or persons to whom the same are delegated. No such delegation shall have effect until a copy thereof has been delivered to the Contractor. Any person to whom any delegation is made shall be entitled to exercise the powers, discretions, functions and authorities so delegated to him as aforesaid.
4.3 4.3.1
RESIDENT ENGINEERS Resident Engineer/Engineers shall mean the Engineer/Engineers to be appointed by the MSETCL to execute the works on the site. The Contractor shall afford him every reasonable facility for so doing but the Engineer/shall not be authorized to relieve the Contractor in any way of his duties or obligation under the Contract. Any written notice from the Engineer/s pointing out the defects in workmanship shall have the effect of a similar notice given by the Engineer under clause entitled remedy of defects except that the Contractor may appeal to the Engineer for his decision in the matter. 15
4.3.2
The Engineer shall during the progress of the work, have following powers to order, in writing from time to time. The removal and proper re-execution (not-with-standing any previous test thereof or interim payment thereof) of any work, which in respect of workmanship is not, in the opinion of the Engineer, in accordance with the contract. Removal of materials obstructing the operation of existing station/equipments. In case of default on the part of the Contractor in carrying out such order the MSETCL shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereof shall be recoverable from him by the MSETCL or may be deducted by the MSETCL from any amount/money due or which may become due to the Contractor. The Engineer shall stipulate reasonable time for the contractor to carry out the order aforesaid.
(a)
(b)
5.0 5.1
CONTRACT DOCUMENTS The term contract documents shall mean and include the following, which shall be deemed to form an integral part of the contract. Bidding Documents of the MSETCL, covering the Instructions to Bidders, General Terms and Conditions of Contract special Terms and Conditions, Annexure Schedules Amendments etc. Contractors bid proposal including the letters of classifications exchanged there to between the contractor and the MSETCL prior to the Award of Contract. All the data/information of any sort given by the contractor along with his bid, subject to the approval of the MSETCL/Engineer. Any mutually agreed variations to the conditions of the documents, specifications terms and conditions of contract, if any. ASSIGNMENT AND SUBLETTING OF CONTRACT The Contractor shall not assign the contract or any part thereof or any benefit or interest or there under without the prior written consent of the MSETCL. The Contractor shall not sublet any part of the works without prior written consent of the Engineer/ MSETCL. Such consent, if given shall not relieve the Contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults and neglects of any sub-contractor, his agents servants or workman as fully as if those were the acts defaults neglects of the Contractor, his agents servants or workmen. The Engineer shall have the right to obtain from the Contractor any agreement in writing entered into by the Contractor with any of his sub-contractors or any purchase orders placed for supplies and services in respect of the works included in the contract provided that the contractor shall not be bound to disclose the sub contract value. The contractor shall supply the engineer with full technical and commercial details of orders placed on 16
(a)
(b)
(c)
(d)
6.0 6.1
6.2
6.3
6.4
his sub-contractors. The technical specification of all the items ordered on sub-contractor shall be subject to the approval of Engineer. 7.0 7.1 CONTRACTOR TO INFORM HIMSELF FULLY The Contractor shall be deemed to have satisfied himself as to all the conditions and circumstances affecting the contract price and as to the possibility of executing the works as shown and described in the contract. The Contractor shall be deemed to have inspected and examined the site and its surroundings, examined the approach roads etc. loading/unloading/fabrication space etc. and to have fixed his price taking into account all such relevant conditions and also the risks. Contingencies and other circumstances which may influence or affect the execution of the work as specified in the contract. The Contractor shall be responsible for any misunderstanding or incorrect information, however obtained on which the contract price has been based except the wriiten information furnished by the MSETCL. The Contractor shall be deemed to have carefully examined all contract documents to his entire satisfaction. If he shall have any doubt as to the meaning of any portion of the contract documents he shall within 7 days of issue of letter of intent/order or before signing the contract as the case may be set forth the particulars thereof and submit them to the MSETCL in writing in triplet in order that such doubt may be removed. The MSETCL shall provide such clarification as may be necessary in writing to the contractor any information otherwise obtained from the MSETCL or the Engineer shall not in any way relieve the contractor of his responsibility to fulfil his obligations under the contract. SUPERVISION OF CONTRACTOR The Contractor upon award of the Contract shall in addition to a Project Co-ordinate nominate another responsible officer as his representative site suitably designated for the purpose of overall responsibility and coordination of the works to be performed at site. Such persons shall function from site office of the contractor during the pendency of contract. Any written order or instruction of the Engineer or his duly authorized representative shall be communicated to the said authorized resident representative of contractor and the same shall be deemed to have been communicated to the contractor.
7.2
7.3
7.4
8.0 8.1
PERFORMANCE GUARANTEE IN LIEU OF SECUTRITY DEPOSIT The Performance Bank Guarantee for the proper fulfillment of the contract shall be furnished by the Contractor in the prescribed form within 7 Days of Notice of Award of contract/Letter of Intent and before release of any payments due including the advance payment, if any. This guarantee shall be for an amount equal to 5% (five percent) of the contract price (Order value). The contract performance Guarantee is intended to secure the performance of the entire contract. However, it is not to be constructed as limiting the damages stipulated in other clauses of the contract.
8.2
17
8.3
The Performance Guarantee shall be returned to the Contract or 90 Days after the end of the Annual Maintenance Contract / Guarantee Period. The MSETCL is not liable to pay any interest or compensation to the Contractor for retaining the performance Guarantee after the end of the Guarantee period. The termination of the contract under the clause 25, Contractors default of this section shall not entitle the contractor to reduce the value of the performance guarantee nor the time thereof. The performance guarantee shall be valid for the full value and for the full period of contract including 90 days after the end of guarantee period. SECURITY DEPOSIT The Contractor have to pay Security Deposit @ 5% of order value rounded-up, within 7 days from the receipt of detailed work order and before site hand over for the work. The Security deposit will be refunded only after satisfactory completion of Performance Guarantee Period work. MSETCL will not pay any interest on this amount.
8.4
8.5
9.0 9.1
EFFECT AND JURISDICTION OF CONTRACT The Contract shall be considered as having come into force from the date of the issue of letter of intent/order by the MSETCL. The laws applicable to this contract shall be the laws in force in India. The Court of Chandrapur shall have exclusive jurisdiction in all matters arising under this contract. LANGUAGE AND MEASURES All documents pertaining to the Contract including specification schedules notices correspondence operating and maintenance instructions drawings or any other writing shall be written in English Language. The metric system of measurement shall be used exclusively in the Contract.
9.2
10.0
11.0 11.1
PATENT RIGHTS AND ROYALTIES Royalties and fees for patents covering materials, articles, apparatus devices equipments or processes used in the Works shall be deemed to have been included in the Contract Price. The Contractor shall satisfy all demands that may be made at any time for such royalties or fees and he alone shall be liable for any damages or claims for patent infringements and shall keep the MSETCL indemnified in that regard. The Contractor shall at his own cost and expenses defend all suits or proceedings that may be instituted for alleged infringement of any patents involved in the works and in case of an award of damages the contractor shall pay for such award. In the event of any suit or other proceedings instituted against the MSETCL, the same shall be defended at the cost and expenses of the contractor who shall also satisfy/comply the decree order or award made against the MSETCL. Final payment to the contractor by the MSETCL will not be made while any such suit or claim remains unsettled. In the event any apparatus or equipment or any part thereof furnished by the contractor, is in such suit or proceedings held to constitute infringement and its use is enjoined the Contractor shall at his option and at his own expense either procure for the MSETCL, the right to continue use of said
18
apparatus equipment or part thereof, replace it with non-infringing apparatus or equipment or modify it so that it becomes non-infringing. 11.2 The Contractor shall be responsible for the observation by his sub-contractors of the foregoing. Right of way Problems the contractor should take care that no damage to the crop/trees occurred during execution of work. If any damage occurs to the crop/tree, the Contractor has to pay the compensation for the above damages to the owner of the crop. MSETCL will not be responsible for delay to the works due to the way leave problems. WORKMANSHIP & MATERIALS The Plant and /or the work shall be manufactured, constructed, provided put in position and maintained in all respect with workmanship and material of the best and most substantial and approved qualities to the entire satisfaction of the Engineer, who may reject any plant, apparatus, material or workmanship which shall in his opinion be defective in quality and such rejection shall be final and binding on the contractor. The contractor shall at his own expense provide all materials, labours, haulage, tools, tackles apparatus and all things necessary to execute and complete the work and plant in manner aforesaid. All materials used in the manufacture of the tower accessories shall be high grade, free from defects and imperfection of recent manufacture & unused. Materials shall conform to the latest Indian standard specifications where applicable. PACKING FORWARDING AND TRANSPORTATION ETC The contractor shall be fully responsible for packing, forwarding, transportation by railways or any other authorized mode of transport, clearance of equipment and further transportation at site to place of works/storage yards etc, in respect of materials in his scope. The Contractor wherever applicable shall after proper painting pack and crate all equipment in such a manner as to protect those from deterioration and damage during rail/road or any other authorized mode of transport. The contractor shall be held responsible for all damages/losses due to improper packing. The contractor shall notify the MSETCL of date of each shipment from his works and the expected date of arrival at the site for the information of MSETCL. The contractor shall also give all shipping information concerning the weight, size and content of each of each packing including any other information the MSETCL may require. INSPECTION, TESTING & INSPECTION CERTIFICATE:As per Technical specifications enclosed if any with this tender document.
11.3
12.0 12.1
12.2
13.0 13.1
13.2
13.3
14.0
19
15.0 15.1
TIME THE ESSENCE OF CONTRACT The time stipulated in the contract for the completion of works shall be deemed to be the essence of the contract. The contractor shall so organize his resources & perform his works as to complete it not later than the date agreed to. The Contractor has( execute the work within 10 hrs. of time period after permit is applied for the said work if the work is outage oriented work to be executed on off line ) The Contractor shall submit a detailed PERT network/Bar chart within the time frame agreed consisting of adequate number of activities covering various key phases of work also clearly indicating the completion period for various groups of activities. This network shall also indicate the inter face facilities to be provided by the MSETCL and the dates by which such facilities are needed. The contractor shall discuss the network so submitted with the MSETCL and the agreed network which may be in the form as submitted or in revised form in line with the outcome of discussions shall form part of the contract. During the performance of the contract, if in the opinion of the engineer proper progress is not maintained suitable changes shall be made in the contractors operations to ensure proper progress. The above PERT net work shall be reviewed and periodic review reports shall be submitted by the contractor as directed by the Engineer. The contractor has to deploy minimum 2 or more separate gangs of labour at different sites in order to execute the work during the proposed outage. DEMURRAGE AND WHARFAGE ETC When the materials are dispatched to the site stores with the name of consignee as that of the MSETCL, demurrage and wharfage and other expenses incurred due to delayed clearance of the materials, dispatch documents, Railway/Lorry Receipt or any other reason shall be to the account of the contractor. It shall be the responsibilities of the contractor to obtain clear railway receipt./lorry receipt and allied documents in order ot avoid any difficulty while clearing/taking delivery of the materials. PROGRESS REPORT The Contractor shall submit daily reports to the engineer showing the progress of manufacture and delivery of the equipment/materials and the erection work executed by the contractor. The contractor shall also furnish to the Engineer such other information as the may require to satisfy himself about the timely manufacture at various stages of execution of the works to suit the accepted commissioning program. The contractor shall be responsible for the proper dispatch, receipt and storage at the site of all equipment/materials delivered for the purpose of the contract and also for notifying the Engineer of the details of the deliveries and delay thereto. Should any plant and equipment be lost or damaged due to improper packing, transport, handling etc. of cost to the MSETCL the contractor shall make best efforts to ensure that the replacement is arranged expeditiously so that commissioning schedule is not affected.
15.2
15.3
15.4
15.5
16.0 16.1
17.0 17.1
20
18.0 18.1
EXTENSION OF TIME LIMIT FOR COMPLETION If by reasons of extra or additional work or ant natural phenomenon or any cause beyond the control of the contractor or the MSETCL ad defined in the clauses entitled Force majeure the contractor shall have been delayed or impeded in the completion of the works, whether such delay or impediment occurs before or after the time or extended time fixed for completion, provided that the contractor shall without delay have given to the Engineer a notice in writing of his claim for an extension of time, the Engineer shall on receipt of such notice grant the Contractor either prospectively or retrospectively such extension of time fixed by the contract for the completion of work as may be justified. The contractor shall have no other claim against the MSETCL in respect of delay and disorganization of the work arising from occurrences here in above mentioned. CONTRACT PRICE The lump sum prices quoted by the contractor in his bid with additions and deletions as may be agreed for the entire scope of the works viz, transportation receipt and storage at site and execute the work covered under these specifications and documents including mobilization of gangs, camping of labors etc. shall be treated as the contract price. The contract price shall include all taxes and duties inclusive of corporate tax income tax Excise Duty, works contract tax service tax other levies fees cusses deposit etc. whatsoever and the MSETCL shall not be liable for payment of any such taxes or duties. The prices quoted by bidder shall take into account credit availed on inputs under the MODVAT scheme introduced by the Government of India with effect from 1.3.86. Bidder shall note that as a result of additional duty set offs as any become available during the currency of contract on the inputs used for the manufacture of final products on the date of supply under MODVAT scheme shall be passed on to the MSETCL and the contractor shall advise the MSETCL for suitable reduction in the prices duly certified by a chartered Account.
19.0 19.1
19.2
19.3
The contractor shall also furnish break-up of the prices on unit rate based on bill of materials for on account of payment purpose only. The contract price shall include any cost or charges for obtaining any permits or license etc. wherever etc. wherever applicable. The Contract is to be treated as an indivisible works contract. The contract shall include all applicable taxes, duties etc. as indicated above and no concessional forms such as AA C etc. will be issued for this contract if applicable. The bidder should note this point while quoting the prices against this invitation to bid.
19.4
19.5
20.0 20.1
PRICE VARIATION DUE TO VARIATION IN TAXES In case any existing works contract tax or duties are enhanced or any tax or duty is newly introduced by Govt. which are applicable for this work with effect from the next day of first working day of the calendar month just previous to the month of due date of submission of the bid and if the contractor is required to pay additional amount towards this tax or duty then the MSETCL shall reimburse the contractor at actual the additional 21
tax or duty so paid by the contractor against submission by the contractor of documents evidence to the satisfaction of the MSETCL. The breakup of price & % of taxes and duties considered for quoting is to be given in a separate schedule other than price schedule. The above provision shall be applicable for any reduction in duty or tax from the next day of the first working day of the calendar month just previous to the month of due date of submission of the bid. Accordingly contractor shall pass on the benefit due to reduction in duties and works contract taxes etc. to the MSETCL. 20.2 If any statutory variation regarding enhancement of existing tax or duty or introduction of a new tax or duty applicable for this work takes place in the extended period of contract, no claim for additional cost due to statutory variation shall be entertained by the MSETCL. The contract price quoted should be firm for 24 months from the opening of price bid and should remain constant for all types of site locations. DEDUCTION FROM CONTRACT PRICE All cost damages or expenses which the MSETCL may have paid for which under the contract the contractor is liable will be claimed by the MSETCL. All such claims shall be billed by the MSETCL to the contractor regularly as and when those fall due. Such bills shall be supported by appropriate and certified vouchers or explanations to enable the contractor to properly identify such claims. Such claims shall paid by the contractor within fifteen (15) days of the receipt of the corresponding bills and if not paid by the contractor within the said period the MSETCL may then deduct the amount from any amount due or becoming due by him to the contractor under the contract or Bank Guarantee issued by the contractor or may be recovered by actions of law or otherwise, if the contractor fails to satisfy the MSETCL of such claims. The contractor should mobilize the Fang of labours at site and should be ready to commence work at the proposed day & time of outage within 24 hrs. after the intimation of outage faxed to the contractor. However if for any reason, the proposed outage could not be approved by the competent Authority, then the MSETCL will not pay any extra amounts words idling charges. PAYMENT TO CONTRACTOR All payment due to the contractor shall be paid only by Account Payee cheques The Contractor shall present his invoice for the supply/works done as per actual on R.A. Bill basis if permitted. The invoice/bill for supply/works should be separately submitted. After verification of such invoice by MSETCL all items having financial value shall be entered and certified in MSETCLs Measurement Book by the Engineer and the invoices prepared based on the same and connected technical documents which form part of this bid specification. Work is to be measured as per standard procedure. The measurement shall be taken jointly by persons duly authorized on the part of MSETCL and by the contractor.
20.3
21.0 21.1
21.2
22.0 22.1 22.2
22.3
22
22.4
If, at any time due to any reason whatsoever, it becomes necessary to re-measure the work done in full or in part, the expense towards such re-measurement shall be borne by the contractor. The contractor shall bear the expenditure involved, if any in making the measurement. The contractor shall without extra charges provide all the assistance with appliances & other things necessary for measurement. The measurement entered in the measurement books and the bills prepared shall be signed and dated by both the contracting parties. The contractor will be intimated in writing by the Engineer the proposed date of measurement. If the contractor does not turn up at the appointed time, the Engineer shall have the powers to proceed by himself to take measurement in which case the measurement shall be accepted by the contractor as final. Passing of measurement as per bills does not amount to acceptance or the completion of the work mentioned. Any left out work has to be completed by the contractor if pointed out at a later date by Engineer. The contractor shall be directly responsible for payment of wages to his workmen. A payroll sheet giving all the payments given to the workers and duly signed by the contractors representative should be furnished to Engineer for record purpose every month.
22.5
22.6
22.7
22.8
22.9
22.10 The payment for the works shall be made direct to the contractor by the MSETCL. 22.11 No advance payment if any, will made on any account which may please be noted. 22.13 The payment to the contractor for the performance of the works under the contract shall be made by the MSETCL as per guidelines and conditions specified herein. All payments made during the contract shall be on account payment only. The final payment shall be made on completion of the whole work as per the contract and on fulfillment by the contractor of all his liabilities under the contract. 22.14 The MSETCL shall make progressive payments as and when those are due as per the payment schedule. Payment shall become due and payable by the MSETCL within 30 days from the date of receipt of contractors bills/invoices, provided the documents submitted with the invoices are complete in all respects subject to availability of funds. 22.15 Running Account bills will be paid against completion of one or more Particular Jobs. 22.16 The bills in triplicate, advance stamp receipt, along with the certificate from the Engineerin-charge for having completed the work satisfactorily, and all relevant reports must be submitted to concerned In-Charge of work i.e..DyEE, HVDC TL O&M S/Dn, Chandrapur/Yavatmal or 400KV LM-Sdn, Chandrapur. 22.17 The R.A.Bills in triplicate should be submitted separately in respect of three SubDivisions work namely HVDC TL O&M S/Dn, Chandrapur/Yavatmal and 400KV LM-Sdn, Chandrapur.
23
22.18 The payment shall be made to the Contractor by A/C payee cheque within 30 days from the date of receiving the detailed bill from the Contractor, if possible under normal conditions subject to availability of funds. 22.19 INCOME TAX:Income tax @ Rs.2.3% or as applicable will be deducted from the bills. W.C.T .if applicable will be deducted through bill @ 2 % has applicable will be deducted at source, if Bidder are registered under WCT Act, otherwise the WCT will be deducted @ 4% at source or applicable. 23.0 23.1 CONTRACTORS DEFAULT If the contractor shall neglect to execute the works with due diligence and expedition or shall refuse or neglect to comply with any reasonable orders given to him in writing by the Engineer in connection with the works or shall contravene the provisions of the Contract, the MSETCL may give notice in writing to the contractor to make good the failure, neglect or contravention complained. Should the contractor fail to comply with the notice within seven (07) days from the date of service thereof then and in any such case the MSETCL shall be at liberty to employ other workmen and forthwith execute such part out of the works as the contractor may have neglected to do or if the MSETCL shall think fit, it shall be lawful for him. without prejudice to any other right he may have under the contract to take the works wholly or in part out of the contractors hand and re-contract with any other person or persons to complete the works or any part thereof any in that event the MSETCL shall have free use of all contractors equipment that may have been at the time on the site in connection with the works without being responsible to the contractor for fair wear and tear thereof and to the exclusion of any right of the contractor over the same and the MSETCL shall be entitled to retain and apply any balance money which may otherwise be due on the contractor thereof as may be necessary, to the payment of the cost of executing the said part of the works or completing the works or as the case may be. If the cost of completing the works or executing a part thereof as aforesaid shall exceed the balance due to the contractor, the contractor shall pay such excess. The MSETCL shall have the right to terminate the contract in case of contractors default. In addition, such action by the MSETCL as aforesaid shall not relieve the contractor of his liability to pay liquidated damages for delay in completion of works as defined in contract. The termination of the contract under this clause if effected by the MSETCL shall not entitle the contractor to reduce the value of the performance guarantee nor the time thereof. The performance guarantee shall be valid for the full value and for the full period of the contract including 90 days after the end of guarantee period. If the contractor along with his gangs of labour and T&P does not turn up at the site for execution of work at the proposed outage time 1.5% of the order amount will be deducted each time for each occurrence.
23.2 23.3
23.4
24
24.0 24.1
TERMINATION OF CONTRACT The MSETCL may upon written notice of default by the contractor terminate the contract in the circumstances detailed hereunder. (a) If in the opinion of the MSETCL the contractor fails to make delivery of equipment/completion of the work within the time specified in the contract agreement or within the extended period of delivery granted by the MSETCL. (b) If in the opinion of the MSETCL the contractor fails to comply with any of the other provisions of the contract including technical requirements statutory provisions etc.
24.2
In the event the MSETCL terminates the contract in whole in part as provided above the MSETCL reserves the right to purchase the materials/equipments & get work executed as deemed by the MSETCL to be similar to the one contracted for upon such terms and in such manner as the MSETCL may deem proper and the contractor shall be liable to the MSETCL for any additional cost. If the contract is terminated under the provisions of this clause the MSETCL in addition to any other rights that he may have in terms of the contract may require the contractor to transfer title and deliver to the MSETCL and in the manner as directed by the MSETCL. (a) any completed equipment/works. (b) Such partially completed equipments works drawings information and contract rights as the contractor has specifically produced or acquired for the performance of such parts of this contract which has been terminated.
24.3
24.4
In all such cases where the contract has been terminated due to contractors defaults the decision of the MSETCL regarding the reasonability of the price for the parts completed and accepted and for which no rates are available in the contract shall be final and binding on the contractor. REJECTION In the event any of the work done by the contractor is found to be defective in workmanship or otherwise not in conformity with the requirements of the contract even after rectification by the contractor during the guarantee period the MSETCL shall have the right to reject part or the whole of the work and call upon the contractor to replace work by a new one at his own expense. If the contractor fails to do so the MSETCL may (a) either replace or rectify such defective work and charge to the contractor the excess cost incurred by the MSETCL cost or (b) terminate the contract for contractors default as provided for in the contract. In the event the contractor is unable to rectify the rejected workmanship within a reasonable time the MSETCL reserves the right to acquire the work at a reduced price considered equitable under the circumstances and the decision of the MSETCL as regards such reduced price shall be binding on the contractor.
25.0 25.1
25.2
25
26.0 26.1
DELAYS BY MSETCL OR HIS AUTHORISED REPRESENTATIVES In case the contractors performance is delayed due to any act of omission on part of the MSETCL or his authorized representative then the contractor shall be given due extension of time for the completion of the works to the extent such omission on the part of the MSETCL has caused delay in the contractors performance of his work. The Contractor desirous of extension of time for completion of work on this ground shall apply in writing to the Engineer at least 07 days (seven days) before the expiry of the stipulated period of completion. Regarding reasonableness or otherwise of the extension of time the decision of the Engineer shall be final. DELAYS BY CONTRACTOR OR HIS REPRESENTATIVES DUE TO WAY LEAVE: In case the contractors performance is delayed due to any act of omission on part of the compensation in respect to way leave problems or his authorized representative then no extension to the time limit is given to the contractor for the completion of the works. The liquidated damages will be applicable for delay in the contractors work. MODIFICATION & RECTIFICATION The modification, rectification, rework, revamping in brief any work done to change the existing state to state desired no extra charges shall be paid to the contractor. For the above work, any material and consumable required will also have to be arranged by the contractor at his cost. All the above type of work shall preferably be carried out by separate personnel. Diversion of regular working personnel for such work shall not be permissible and no delay or slow progress should be caused due to executing such works. The contractor shall not be liable for extension in contract period for carrying out such works. No alterations, amendments, omissions, suspensions or variations (hereinafter referred to as Variation) of the works under the contract as detailed in the contractor Documents shall be made by the contractor except as directed in writing by the Engineer but the Engineer shall have full power subject to the provisions hereinafter contained from time to time during the execution of the contract by notice in writing to instruct the contractor to make such variation without prejudice to the contract. The contractor shall carry out such variation and be bound by the same conditions as far as applicable as though the variations occurred in the contract documents. If any suggested variation would in the opinion of the contractor if carried out prevent him from fulfilling any of his obligations or guarantee under the contract he shall notify the Engineer and the Engineer shall decide forthwith whether or not the same shall be carried out and if the Engineer confirms his instructions. Contractors obligations and guarantee shall be modified to such as extent as may be mutually agreed. Any agreed difference in cost occasioned by any such variation shall be added to or deducted from the contract price as the case may be.
26.2
26.3
27.0 27.1 27.2
27.3
27.4
26
28.0
COMPLETION OF CONTRACT Unless otherwise terminated under the provision of any other relevant clause, this contract shall be deemed to have been completed at the expiring of the guarantee period as provided for under the clause entitled Guarantee and upon release of last payment to the contractor by the MSETCL whichever is later.
29.0 29.1
CO-ORDINATION MEETINGS Co-ordination meetings between the Engineer and the contractor shall be held to monitor the works. The Contractor will also be called upon to attend to design coordination meetings with the Engineer, other contractors and consultants of the MSETCL during the period of contract. The contractor shall attend all such meetings at his own cost as and when required and fully co-operate with the Engineer /MSETCL and other Contractor involved during these discussions. FORCE MAJEURE The following causes which substantially affect the performance of the contract shall only be considered as force majeure conditions. (a) Natural phenomena, including but not limited to floods, droughts earthquakes and epidemics. (b) Acts of any Government domestic or foreign including but not limited to war, declared or undeclared quarantines embargoes. Provided the party affected by the Force Majeure shall within Fifteen (15) days from the occurrence of such a cause notify the other party in writing of such cause with sufficient documents proof.
29.2
30.0 30.1
30.2 Not-with-standing any provision under clause 30.1, the MSETCL shall not in any way be liable for non-performance either in whole or in part of any contract or for any delay in performance thereof in consequence of strikes, shortages of labour or workmen or lockout breakdown or accident to machinery or accidents of whatever nature, failure on the part of the railways to supply, sufficient wagons to carry essential raw materials etc. and finished products from the stores etc., opposition of the farmers/Cultivators or any personals for want of compensation etc. These causes shall not be treated as Force Majeure but subject to the provision and stipulation made in clause of liquidated damages for late delivery. 30.3 The Contractor or the MSETCL shall not be liable for delays in performing their respective obligations resulting from any force majeure causes as defined above. The date of completion will be extended by a reasonable time by mutual agreement. In case of damages or destruction of any property or equipment belonging to the Contractor due to force majeure causes the MSETCL shall not be liable for the same.
30.4
27
31.0 31.1
ARBITRATION The matters to be determined by the Chief Engineer (C. E.). All the disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the contractor to the C.E. and the C.E. shall (within 120 days) after receipt of the contractors representation make and notify decisions of all matters referred to by the contractor in writing.
31.1.1 DEMAND FOR ARBITRATION: In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract or the respective rights and liabilities of the parties on any matter in question the dispute or difference on any account or as to the withholding by MSETCL of any certificate to which the contractor may claim to be entitled to, or if the C. E. fails to make a decision (within 120 days) then and in any such case the contractor (after 120 days) but within (180 days) of his presenting his final claim on disputed matters shall demand in writing that the dispute or difference to be referred to arbitration. 31.1.2 The demand for arbitration shall specify the matters which are in question, or subject of the dispute or difference as also the amount of claim item wise. Only such dispute(s) or difference(s) in respect of which the demand has been made together with counter claims or set off shall be referred to arbitration and other shall not be included in the reference. A) The arbitration proceedings shall be assumed to have commenced from the day, a written and valid demand for arbitration is received by the MSETCL. The claimant shall submit his claim stating the facts supporting the claims along with all relevant documents and the relief or remedy sought against each claim within a period of 30 days from the date of appointment of the Arbitral Tribunal. The MSETCL shall submit its defense statement and counter claim(s), if any, within a period of 60 days of receipt of copy of claims from the Tribunal thereafter unless otherwise extension has been granted by the Tribunal.
B)
C)
31.1.3 No new claim shall be added during the proceedings by either party. However a party may amend or supplement the original claim or defense thereof during the course of arbitration proceedings subject to acceptances by Tribunal having due regard to the delay in making it. 31.1.4 If the contractor(s) does/do not prefer his/their specific and final claims in writing within a period of 90 days of receiving the intimation from the MSETCL, that the final bill is ready for payment, he/they will be deemed to have waived his/their claim(s) and the shall be discharged and released of all liabilities under the contract in respect of these claims.
28
31.2.1 OBLIGATION DURING PENDENCY OF ARBITRATION Work under the contract shall unless otherwise directed by the Engineer, continue during the arbitration proceedings and no payment due or payable by the MSETCL shall be withheld on account of such proceedings provided however it shall be open for Arbitral Tribunal to consider and decide whether or not such work should be continued during arbitration proceedings. 31.2.2 In cases where the value of the claim exceeds Rs. 1,00,00,000/- (Rupees One Crore) as above the Arbitral Tribunal shall consist of a panel of 3 serving or retired officers of MSEB/Govt. not below the grade of C.E./C.A.O. as the Arbitrators. For this purpose, the MSETCL will send a panel of more than 3 names of arbitrators of one or more department of the /Govt. to the Contractor who will be asked to suggest to the M.D. MSETCL at least2 names for appointment as contractors nominee. The M.D. MSETCL shall appoint at least one of them as contractors nominee and will also appoint the balance number of arbitrators either from the panel or from outside the panel, duly indicating the presiding arbitrator from amongst the three (3) arbitrators so appointed. While nominating arbitrators, it will be necessary to ensure that one of them is or has worked in Accounts Department. 31.2.3 If one of more arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator or vacates his/their office/offices or is /are unable or unwilling to perform his functions as arbitrator for any reason whatsoever or dies or in the opinion of the MD MSETCL fails to act without undue delay the MD MSETCL shall appoint new arbitrator/s to act in his/their place in the same manner in which the earlier arbitrator/s had been appointed. Such reconstituted Tribunal may at its discretion proceed with the reference from the stage at which it was left by the previous arbitrator(s). 31.2.4 The Tribunal shall have powers to call for such evidence by way of affidavits or otherwise as the Arbitral Tribunal shall think proper and it shall be the duty of the parties hereto to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to make the award without any delay. 31.2.5 While appointing arbitrator(s) as above, due care shall be taken that he/they is/are not the one/those who had an opportunity to deal with the matters t which the contract relates or who in the courses of his/their duties as s servant(s) expressed views on all or any of the matters under dispute or differences. The proceedings of the Arbitral Tribunal or the award made by such tribunal will however not be invalid merely for course of his service, opportunity to deal with the matters to which the contract relates or who in the course of his/their duties expressed views on all or any of the matters under dispute. 31.2.6 Arbitral award shall state item wise, the sum and reasons upon which it is based. 31.2.7 A party may apply for corrections of ant computational errors. Any typographical or clerical errors or any other error of similar nature occurring in the award and interpretation of specific point of award to tribunal within 30 days of receipt of the award. 29
31.2.8 A party may apply to Tribunal within 30 days of receipt of award to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award. 31.2.9 In case of the Tribunal comprising of three members any ruling or award shall be made by a majority of members of Tribunal. In the absence of such a majority the views of the presiding Arbitrator shall prevail. 31.2.10Where the arbitral award is for payment of money no interest shall be payable on whole or any part of the money for any period till the date on which the award is made. 31.2.11 The cost of the arbitration shall be borne equally by the respective parties. The cost shall include fees of the arbitrators as per the rates fixed by the /MSETCL from time to time. Provided that the fees payable per arbitrator for claims up to Rs. One Crore shall not exceed Rs. 2000/- per sitting subject to a maximum of Rs. 25,000/- and the fees payable per arbitrator for claims over Rs. One crore, shall not exceed Rs. 2000/- per sitting subject to a maximum of Rs. 50,000/- provided further that the arbitrators who are in service of Govt. /MSETCL shall draw fees at half of the rates mentioned above. 31.2.12 MSETCL shall maintain a list of arbitrators. The MD MSETCL shall have ful powers to delete or add the name of the Arbitrators in the list or to make amendments to the said list as per his direction. 31.2.13 The arbitral proceedings should be completed and the award be finalized within one year from the date of appointment of arbitrators. 31.2.14 Subject to the provisions as aforesaid arbitration & Conciliation Act, 1996 and the rules there under and any statutory notification thereof shall apply to the arbitration proceedings under this clause. 32.0 SUSPENSION OF WORK The Contractor shall on the written order of the Engineer suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the opinion of the Engineer. If such suspension is not due to any default on the part of the contractor the time for completion of the works shall be extended for a period corresponding to the duration of the suspension of works. 33.0 33.1 TERMINATION OF CONTRACT ON MSETCLS INITIATIVE The MSETCL reserves the right to terminate the contract either in part or in full for reasons other than those covered under clause contractors Default The MSETCL shall in such an event give fifteen (15) days notice in writing to the contractor of his decision to do so.
30
33.2
The Contractor upon receipt of such notice shall discontinue the work on the date and time specified in the notice make all reasonable efforts to obtain cancellation of all orders and contract to the extent those are related to the work terminated and upon terms satisfactory to the MSETCL stop all further sub-contracting or purchasing activity related to the work terminated and assist the MSETCL in maintenance protection and disposition of the works acquired under the contract by the MSETCL. In the event of such a termination the contractor shall be paid reasonable compensation dictated by the circumstances prevalent at the time of termination. POWER TO VARY OR OMIT WORK No alterations, amendments, omissions, suspensions or variations (hereinafter referred to as Variation) of the works under the contract as detailed in the contract documents shall be made by the contractor except as directed in writing by the Engineer, but the Engineer shall have full powers subject to the provisions hereinafter contained from time to time during the execution of the contract by notice in writing to instruct the contractor to make such variation without prejudice to the contract. The contractor shall carry out such variation without prejudice to the contract. The contractor shall carry out such variation and be bound by the same conditions as far as applicable as though the said variations occurred in the contract documents. If any suggested variation would in the opinion of the contractor if carried out prevent him from fulfilling any of his obligations or guarantees under the contract, he shall notify the Engineer thereof in writing and the Engineer shall decide forthwith whether or not, the same shall be carried out and if the Engineer confirms his instructions, contractors obligations and guarantees shall be modified to such an extent as may be mutually agreed. Any agreed difference in cost occasioned by any such variation shall be added to or deducted from the contract price as the case may be. In the event of the Engineer requiring any variation such reasonable and proper notice shall be given to the contractor to enable him to make his arrangement accordingly, and in cases where any work done requires to be altered, a reasonable and agreed sum in respect thereof shall be paid to the contractor. In any case in which the contractor has received instructions from the Engineer as to the requirements of carrying out the altered or additional substituted work which either then or later on will in the opinion of the contractor involve a claim or additional payment the contractor shall immediately and in no case later than thirty (30) days after receipt of the instructions aforesaid and before carrying out the instructions advise the Engineer to that effect. But the Engineer shall not become liable for the payment of any charges in respect of any such variations, unless the instructions for the performance of the same are confirmed in writing by the Engineer. If any variation in the works results in reduction of contract price, the parties shall agree in writing as to the extent of any change in the price.
33.3
34.0 34.1
34.2
34.3
34.4
31
34.5
In all the above cases, in the event of a disagreement as to the reasonableness of the said sum the decision of the Engineer shall prevail. Not-with-standing anything stated above in these clauses, the Engineer shall have the full power to instruct the contractor in writing during the execution of the contract to vary the quantities of the items or groups of items. The contractor shall carry out such variations and be bound by the same conditions, as though the said variations occurred in the contract Documents. EMFORCEMENT OF TERMS The failure of either party to enforce at any time any of the provisions of this contract or any rights in respect thereto or to exercise any option herein provided shall in no way be constructed to be a waiver of such provisions, rights or options or in any way to affect the validity of the contract. The exercise by either party of and of its rights herein shall not prejudices either party from exercising the same or any other right it may have under the contract.
34.6
35.0
36.0 36.1
ACCESS TO SITE AND WORKS ON SITE The works shall be carried out at such time as the MSETCL may approve and the MSETCL shall give the contractor facilities as brought out in the contract for carrying out the works. In the execution of the works, no persons other than the contractor or his duly appointed representative sub-contractor and workmen shall be allowed to do work on the site except with the special permission in writing of the Engineer or his representative. It may be noted that the required disc insulators will be supplied by MSETCL and the old /replaced disc insulators have to be handed over to MSETCL. LINES AND GRADES The contractor shall inform the Engineer well in advance of the times and places at which he wishes to do work in the area allotted to him, so that suitable datum points may be established and checked by the Engineer to enable the contractor to proceed with his work. Any work done without being properly located may be removed and/or dismantled by the Engineer at contractors expense. CONTRACTORS MATERIAL BROUGHT TO SITE After the completion of the works, the contractors shall remove from the site under the direction of the Engineer the materials such as construction equipments erection tools and tackles etc. with the written permission of the Engineer, if the contractor fails to remove such materials within fifteen (15) days of issue of a notice by the Engineer to do so. Then the Engineer shall have the liberty to dispose of such materials as detailed above and credit the proceeds thereto to the account of the contractor after deducting reasonable4 expenses incurred by the Engineer for such disposal. 32
36.2
36.3
37.0 37.1
38.0 38.1
39.0 39.1
CO-OPERATION WITH OTHER CONTRACTORS & MSETCL The Contractor shall co-operate with all other contractors or tradesmen of the MSETCL who may be performing other works on behalf of the MSETCL and the workmen who may be employed by the MSETCL in the vicinity of the works under the contract. The Contractor shall also so arrange to perform his work as to minimize to the maximum extent possible interference with the work of other contractors and his workmen. Any injury or damage that may be sustained by the employees of the other contractors and the MSETCL due to the contractors work shall promptly be made good by the contractor at his own expense. The Engineer shall determine the resolution for any difference or conflict that may arise between the contractor and other contractors or between the contractor and the workmen of the MSETCL in regard to their work. If the works of contractor are delayed because of any acts, omissions on the part of another contractor, the contractor shall have no claim against the MSETCL other than an extension of time for completing his works. The Engineer shall be notified promptly by the contractor of any defects in other contractors works that could affect the contractors works. The Engineer shall determine the corrective measures, if any required to rectify this situation after inspection of the works and such decisions by the Engineer shall be binding on the contractor. WORK TO BE OPEN TO INSPECTION & CONTRACTOR OR RESPONSIBLE AGENT TO BE PRESENT All works under or in course of execution or executed in pursuance of the contract shall at all time be open to the inspection and supervision of the Engineer and the contractor shall at all time during the usual working hours and at all other times at which reasonable notice of the intention of the Engineer to visit the works shall have been given to the contractor either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the contractors duly authorized agent shall be considered to have the same force and effect as if those had been given to the contractor himself.
39.2
40.0
41.0
NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP The contractor shall give not less than seven days notice in writing to the Engineer before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimensions thereof taken. In case the Contractor covers up the work without such notice, the Engineer reserves the right to get the same uncovered at the risk and expense of the contractor.
42.0
REMEDY OF DEFECTS
If at any time before the works are finally taken over by the MSETCL, the Engineer shall(a) Decide that any work done by the contractor or any sub-contractor is/are defective or not in accordance with the contract or that the works or any portion there of are defective or 33
do not fulfill the requirements of the contract (all such matters being hereinafter in this clause called defects) and (b) As soon as reasonably practicable give to the contractor notice in writing of the said decision specifying particulars of the defects alleged and/or where the same are alleged to exist or to have occurred and (c) So far as may be necessary place the works at the contractors disposal, Then the contractor shall with all speed and at his own expense make good the defects so specified. In case the contractor shall fail to do so, the MSETCL may take at the cost of the contractor such steps as may in all circumstances be reasonable to make good such defects. All plant provided by the contractor to replace defective plant shall comply with the contract. The contractor shall be entitled to remove and retain all plant that the MSETCL may have replaced at the contractors cost. In case of failure of the contractor to remove the replaced parts within a reasonable time the MSETCL reserves the right to take further, action for its disposal in any manner deemed fit. Such action shall in no way limit the liabilities and responsibilities of the contractor for removal of such parts. However the MSETCL shall give reasonable time to the contractor before such action is taken. 43.0 43.1 EMPLOYMENT OF LABOUR The Contractor will be expected to employ on the work only his regular skilled employees with experience of this particulars work. No person below the age of eighteen years shall be employed. All traveling expenses including provisions of all necessary transport to and from site lodging allowances and other payments to the contractors employees shall be the sole responsibility of the contractor. The contractor shall arrange at his own cost the accommodation for his labour and other supervisory staff. The contractors employees shall wear identification badges while on work at site. In case the MSETCL becomes liable to pay any wages or dues to the labour or to any Government Contractor under any of the provisions of the Minimum wages Act. Workmen compensation act, Contract labour Regulation Abolition Act or any other law due to act or omission of the contractor, the MSETCL may make such payments and shall recover the same from the contractors bill. As far as possible, unskilled workers shall be engaged from the local area in which the work is being executed. The contractor shall at all times during the continuance of this contract, in all his dealings with local labour for the time being employed on or in connection with the work, have due regard to all local festivals and religions and other customs. The contractor will fully comply with all the provisions of labour Civil and other state and central laws, statutory rules, regulations etc. In case of his non-compliance with any provision under the laws, the contractor will indemnify the MSETCL from and against all liabilities, damages, penalties, demand etc. The contractor, in the event of his engaging 20 or more workmen at the project, shall obtain independent license under the contract labour (Regulation and Abolition) Act from the concerned state labour Authorities. 34
43.2
43.3 43.4
43.5 43.6
43.7 43.8 43.9
No idle labour charges will be admissible in the event of any stoppage caused in the work resulting in contractors labour being rendered idle due to any cause at any time. The contractor shall fulfill all his obligations in respect of accommodation including proper medical facilities for the personnel employed by him. The contractor shall submit to the Engineer, on the first day of every month, a man-hour schedule for the month indicating the number of manpower, skilled or other misc, proposed to be employed by him for the works, Should the Engineer be of the opinion that the list needs modification to ensure completion of the scheduled work in time and in a professional manner, the contractor shall, at his own expense rearrange the manpower to be employed at site. DESCIPLINE OF WORKMEN The contractor shall adhere to the disciplinary procedure set by the Engineer in respect of his employees and workmen at site. The Engineer shall be at liberty to object to the presence of any representative or employee of the contractor who in the opinion of the Engineer has misconduct himself or is incompetent or negligent or otherwise undesirable. The contractor shall forthwith remove such a person from site and provide in his place a competent replacement.
44.0
45.0
DISORDERLY CONDUCT ETC. The contractor shall at all time take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the works.
46.0 46.1
CLEANLINESS The contractor shall be responsible for keeping the entire area allotted to him clean and free rubbish, debris etc. during the period of contract. The contractor shall employ enough number of special personnel to thoroughly clean his work area at least once in a day. All such rubbish and scrap material shall be stacked or disposed of in a place to be identified by the Engineer. Materials and stores shall be so arranged to permit easy cleaning of the area. In areas where equipment might drip oil and cause damage to the floor surface, a suitable protective cover of a flame resistant oil proof sheet shall be provided to protect the floor from such damage. Similarly, the labour colony, the offices and the residential area of the contractors employees and workmen shall be kept clean and best to the entire satisfaction of the Engineer. Proper sanitary arrangements shall be provided by the contractor, in the work areas, office and residential areas of the contractor. On the completion of the works, the contractor shall clear away and remove from the site all contractors equipments, surplus materials, rubbish and temporary works of every kind and leave the whole of the site and works clean and in a workman like condition to the satisfaction of the Engineer. 35
46.2
46.3
47.0
FIRST AID The contractor shall provide necessary first aid facilities for all his employees, representatives and workmen working at the site. Enough number of contractors personnel shall be trained in administering first aid.
48.0
SECURITY The contractor shall have total responsibility for all equipments and materials in his custody stored, loose, semi assembled and /or erected by him at site. The contractor shall make suitable security arrangements to ensure the protection of all materials, equipment and works from theft, fire. Pilferage and any other damages and loss. All materials of the contractor shall enter and leave the work site only site only with the written permission of the Engineer in the prescribed manner. It shall be the responsibility of the contractor to arrange for security till the works are finally taken over by the Engineer.
49.0
UNFAVOURABLE WORKING CONDITIONS The Contractor shall confine all his field operations to those works which can be performed without subjecting the equipment and materials to adverse effects, during inclement weather conditions like monsoon, storms, etc. and during other unfavourable construction conditions. No field activities shall be performed by the contractor under conditions which might adversely affect the quality and efficiency thereof, unless special precautions or measures are taken by the contractor in a proper and satisfactory manner in the performance of such works and with the concurrence of the relieve the contractor of his responsibility to perform the works as per the Schedule.
50.0 50.1
WORKS & SAFETY REGULATIONS The contractor shall ensure the safety of all the workmen, materials and equipment either belonging to him or to others working at site. The Contractor will notify the Engineer of his intention to bring on to site any equipment or any container, with liquid or gaseous fuel or other substance which may create hazard. The Engineer shall have the right to prescribe the conditions under which such equipment or container may be handled and used during the performance of the works and the contractor shall strictly adhere to such instruction. The Engineer shall have the right to inspect any construction plant and to forbid its use if in his opinion it is unsafe. No claim due to such prohibition shall be entertained by the MSETCL. The Contractor shall be responsible for provision of all safety notices and safety equipments required both by the relevant legislations and the Engineer as he may deem necessary. All safety rules and codes applied by the MSETCL at site shall be observed by the contractor without exception. The Contractor shall be responsible for the safety of the equipment/material and work to be performed by him. The contractor shall also take such additional precautions as may be indicated from time to time by the Engineer with a view 36
50.2
50.3
50.4
to prevent pilferage, accidents fire hazards and due precautions shall be taken against fire hazards and atmospheric conditions. Suitable number of clerical staff, watch & ward, store keepers to take care of equipment, materials and construction tools and tackles shall be posted at site by the contractor till the completion of the work under this contract. 50.5 The Contractor shall arrange for such safety devices as are necessary for such type of work and carry out the requisite tests of handling equipment lifting tools tackles etc as per prescribed standards and practices. ELECTRICAL SAFETY REGULATIONS No work shall be carried out on any live equipment. The equipment must be made safe by the Engineer and a permit to work issued before any work us carried out. The contractor shall employ the necessary number of qualified, full-time electricians to maintain his temporary electrical installation, wherever necessary. The works which are to be carried out under live. Lives electrical safe clearances should be maintained. INSURANCE The contractor at his cost shall arrange secure and maintain comprehensive insurance as may be necessary and for all such amounts to protect his interests and the interest of the MSETCL, against all risks. Any loss or damage to the equipment during supply handling transporting storage and erection till such time the plant is taken over by the MSETCL shall be to the amount of the contractor. The contractor shall be responsible for lodging of all claims and make good for the damage or loss by way of repairs and/ or replacement of the portion of the works damaged or lost. The transfer of title shall not in any way relieve the contractor of the above responsibilities during the period of the contract. INDEMNIFICATION OF MSETCL The contractor shall insure all his personnel, tools and plants etc. and shall also take a third party liability cover to indemnify the MSETCL of all liabilities which may come up due to any act or omission on the part of contractor and cause harm/damage to other contractor/representatives of MSETCL or all or anybody rendering services to the MSETCL or is connected with MSETCLs work in any manner whatsoever. The contractor shall necessarily indemnify the MSETCL in all these respects and the indemnification and insurance policy shall be to the approval of Engineer. The recommended value for the third party insurance policy to be taken by the contractor are as follows. (a) Maximum liability for injury : Rs. 1, 00,000/To any person. (b) Maximum liability for any one : Rs. 2, 00,000/Accident. Maximum liability for total number of : Rs. 10, 00,000/Accidents during the contract period. 37
51.0 51.1 51.2 51.3
52.0 52.1
53.0 53.1
53.2
53.3
If the total liability exceeds Rs. 10/- Lakhs prior to completion of the work then the contractor shall arrange to renew the policy for the same amount to cover the balance completion period. However, irrespective of the value of the policy, the contractor shall indemnify the MSETCL for all liabilities. 54.0 WORKMENS COMPENSATION INSURANCE This insurance shall protect the contractor against all claims applicable under the workmens compensation Act 1948 or any amendment thereof. This policy shall also cover the contractor disease or death of his or his sub-contractors employees, which for any reason are not covered under the workmens compensation Act 1948 & as per statutory provisions. 55.0 COMPREHENSIVE AUTOMOBILE INSURANCE This insurance shall be in such a form to protect the contractor against all claims for injuries, disability, disease and death to members of public including the MSETCLs men and damage to the property of others arising from the use of motor vehicle during on or off the site operations, irrespective of the ownership of such vehicles. 56.0 COMPREHENSIVE GENERAL LIABILITY INSURANCE This insurance shall protect the contractor against all claims arising from injuries, disabilities, disease or death of members of public or damage to property of others, due to any act or omission on the part of the contractor his agents, his employees his representatives and sub-contractors or from riots, strikes and civil commotion. This insurance shall also cover all the liabilities of the contractor arising out of the clause entitled Defense of Suits. The hazards to be covered will pertain to all the works which and areas where the contractor, his sub-contractors, his agents and his employees have to perform work pursuant to the contract. The above are only illustrative list of insurance covers normally required and it will be the responsibility of the contractor to maintain all necessary insurance coverage to the extent both in time and amount to take care of all his liabilities either direct or indirect. GUARANTEE /WARRANTY The acceptance of the works by the Engineer shall in no way relieve the contractor of his obligation under this clause. I at any time during the guarantee period, it shall appear to the Engineer 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 quality inferior to that contracted for or are otherwise not in accordance with the contract, it shall be lawful for Engineer notwithstanding the fact that the work or materials or articles complained of may have been inadvertently passed certified and paid for the contractor shall be bound forthwith to rectify to remove and 38
56.1
56.2
57.0 57.1
57.2
reconstruct the work so specified in whole or in part, as the case may require or if so required to remove the materials or articles so specified and provide other proper and suitable materials or articles at his own charge and cost. 57.3 In the event of the Contractor failing to remove the defect within the time specified by the Engineer, the MSETCL may proceed to undertake the removal of such defect at the contractors risk and expense, without prejudice to any other rights and recover the same from performance bank guarantee/other dues. The Contractors shall promptly provide adequate staff at site during the guarantee period to attend to defects, if any. BANKRUPTACY If the contractor shall become bankrupt or insolvent or have a receiving order made against him, or compound with his creditors, or being a company or corporation commence to the wound up, not being a members voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its business under a receiver for the benefit of its creditors or any of them, the MSETCL shall be at liberty (a) to terminate the contract forthwith by notice in writing to the contractors or to the receiver or liquidator or to any person in whom the contract may become vested or (b) to give such receiver, liquidator or other person the option of carrying out the contract subject to his providing a guarantee for the due and faithful performance of the contract up to an amount to be agreed. 59.0 59.1 NOTICES Any notice to be given to the contractor under the terms of the contract shall be served by sending the same by registered post or leaving the same at the contractors principal place of business (or in the event of the contractor being a company to or at its registered office). Any notice to be given to the MSETCL under the terms of the contract shall be served by sending the same by registered post at the MSETCLs address. DETAILS CONFIDENTIAL The Contractor shall treat the contract and everything contained therein as private and confidential. In particular the contractor shall not publish any information drawing or photograph concerning the works and shall not use the sites for the purpose of advertising except with the written consent of the Engineer and subject to such conditions as he may prescribe. 61.0 61.1 BID SECURITY DEPOSIT (BSD) Notwithstanding whether the Bidder has already deposited a bank guarantee with the MSETCL an amount shall be paid as BSD along with the offer in the form of as detailed above.
57.4
58.0
59.2
60.0
39
61.2
The BSD as above shall also be submitted by those bidders who are public sector undertaking or belong to small scale industries. No exemption on these grounds can be considered and all undertakings of the State Govt. Govt. of India or local bodies including those classified as small scale industries shall furnish BSD as specified. CONTRACT PRICE TAXES & DUTIES The contract price shall amongst others, include the cost towards Design, Engineering Supply inspection Transportation receipt and storage at site erection testing and commissioning or the works covered under the specification for package as agreed up to date. The contract price shall include all taxes/works contract tax and duties inclusive of corporate tax, income tax central sales tax service tax Maharashtra sales Tax works contract Tax, Service Tax Excise Duty other taxes, fees deposits etc. whatsoever and the MSETCL shall not be liable of payment for any such taxes or duties. The cost shall also include the cost of charges for obtaining any permit or license etc. LIQUIDATED DAMAGES If the contractor fails to complete all the works within the time frame stipulated as completion period or within any extension of time granted by the MSETCL shall levy liquidated damages for breach of contract with out prejudice to any other rights and/or remedies provided for the contract. The liquidated damages shall be levied at % (half percent) of the total contract price per hour of delay subject to maximum of 5% (Five percent) of the contract price for the entire scope of work. In case of such maximum delay, the contract may be terminated by the MSETCL and the balance work shall be completed by the MSETCL at the risk and cost of the contractor. Validity of the offer should be for a period of 24 months from the due date of submission of the Bids. The bidder should submit his offer in three copies complete in all respects in each copy. The offers not conforming to our clauses regarding (i) Bid Security (ii) performance (iii) Terms of payment (iv) liquidated damages (v) Force majeure and (vi) validity are liable to be rejected. POLICY FOR BIDS UNDER CONSIDERATION The bids shall be deemed to be under consideration immediately after those are opened and until such time official intimation of award/rejection is given by the MSETCL to the bidders. While the bids are under consideration, bidders and/or their representatives or other interested parties are advised to refrain from contacting by any means, the MSETCL and/or his employees/representatives on matters related to the bid under 40
62.0 62.1
62.2
63.0 63.1
63.2
65.0
66.0 67.0
68.0
consideration. The MSETCL if necessary, shall obtain clarification on the bid by requesting for such information from any or all the bidders in writing as may be necessary. 69.0 ACCEPTANCE OF BIDS The MSETCL does not bind himself to accept the lowest or any bid neither will any reason be assigned for the rejection of any bid or part of the bid. It is also not binding on the MSETCL to disclose any evaluation report on bids. 70.0 WITHDRAWAL OF INVITATION TO BID While the MSETCL has floated this public tender and has requested bidders to submit their proposal, the MSETCL shall always be at liberty to withdraw this invitation to bid at any time before its acceptance 71.0 71.1 71.2 REPRESENTATIVE/AGENT OF BIDDER All the bidders are requested to mention the name of their authorized representative/agent, if any with full address in the offer. In case the representative /agent is changed during the course of execution of the contract, such changes shall be notified by the contractor failing which the MSETCL shall not accept any responsibility. UNDERSTANDING OF BID DOCUMENT: The bidder is expected to examine all instructions, terms and conditions and specifications in the bid document. Failure to furnish all information required as per bid document in every respect will be at the bidders risk and may result in the rejection of his bid at any time. 73.0 AWARDING OF CONTRACT The Company does not bind itself to award the contract to the lowest bidder. Eligibility of the bidder, submission of all documents, past record will carry due weightage while arriving at the decision. The bidder should not quote conditional rates related to quantity of work. The MSETCL reserves the right to accept or reject any or all tender with conditional offer. 75.0 The undersigned reserves the rights to condone any minor elements or lapses producing the above mentioned certificates/documents which will not affect commercial bid. EXECUTION OF THE WORK Immediately after receipt of the work order, the contractor shall take prompt action in planning the work in consultation with the concerned DEPUTY EXECUTIVE ENGINEER. The Contractor should also take steps for timely procurement of the necessary material and tools and plant. The Program should be finalized quickly and the 41
72.0
in the
76.0
DEPUTY EXECUTIVE ENGINEER concerned should be approached to make the structures/equipment safe for works wherever necessary, at least two weeks in advance. Having finalized the program, the schedule shall be strictly adhered to, as arranging frequent outage is not possible. The work should be carried out to the full satisfaction of DEPUTY EXECUTIVE ENGINEER or his authorized representative. 77.0 SUPERVISION OF THE WORKS The works shall be under the overall supervision, and shall be subject to the approval of the EXECUTIVE ENGINEER HVDC TL O&M Dn, Chandrapur or his designated representative. The contractor shall obtain a certificate from the respective Deputy EXECUTIVE ENGINEER for having executed the works satisfactorily. 78.0 QUANTITIES The quantities indicated in the Schedule A are approximate and only indicative. The actual quantities may vary. The payment will be done for the actual quantity of work done. 79.0 CONTRACTORS EMPLOYEES The contractor shall employ and provide on site only such employees who are skilled and experienced for execution and supervision of works. The work should be started after handing over of the site by concerned engineer. The contractor shall provide housing accommodation to his employees. The Contractor shall also be responsible for any injury/accident to his employees. Payment of compensations etc. related to his employees as may required to be paid eventually shall be borne by the contractor himself. The contractor should ensure that his staff uses the requisite safety equipment. The employees should be duly insured against any such eventuality.] 80.0 DAMAGE TO PERSONS AND PROPERTY The contractor shall indemnify the Company against any losses and claims regarding any injuries or damage to any persons, material or physical damage to any property whatsoever which may arise out of, or in consequence of the execution of the work. During execution of work any damage/loss to Transmission Companys property occurs will be recovered from Bidderr bill. 81.0 COMPENSATION FOR DAMAGES TO CROPS The contractor should take care that no damage to the crop/trees occurred during execution of work. If any damage occurs to the crop/tree, the Contractor has to pay the compensation for the above damages to the owner of the crop. 82.0 SITE CLEARANCE The contractor shall, during the progress of work, keep the site reasonably free of all unnecessary obstructions and shall store the material nearly so as not to cause any obstruction for normal working/operations. Any way leave problem has to be solved by the contractor. 42
Similarly on completion of the works, the contractor shall clear away and remove from the site all surplus materials, rubbish, and temporary work of any kind. The site should be kept clean. 83.0 IDLING CHARGES No idling charges will be paid in any circumstances. 84.0 SUB-LETING OF CONTRACT: The contract or any part thereof shall not be assigned, transferred, or sub-let without the prior written permission of the undersigned. Even if such permission is granted, it shall be the responsibility of the principal contractor to whom the work order was originally issued, to execute the works as per the terms of the contract. 85.0 FORCE MAJEURE Only the following conditions shall be considered for the purpose of this Clause. i] Natural phenomena such as floods, draughts, earthquakes, epidemics etc. ii] Acts of any government, domestic or foreign, such as war (declared or undeclared), priorities, guarantees, embargoes etc. iii] The party affected by Force Majeure shall within 15 days of the occurrence of such a cause, notify the Company in writing with sufficient documentary proof. 86.0 PAYMENT TERMS o o Running Account bills will be paid against completion of one or more Particular Jobs. The bills in triplicate, advance stamp receipt, along with the certificate from the Engineer-in-charge for having completed the work satisfactorily, and all relevant reports must be submitted to concerned In-Charge of work i.e..DyEE, HVDC TL O&M S/Dn, Chandrapur/Yavatmal or 400KV LM-Sdn, Chandrapur. The R.A.Bills in triplicate should be submitted separately in respect of three SubDivisions work namely HVDC TL O&M S/Dn, Chandrapur/Yavatmal and 400KV LM-Sdn, Chandrapur. The payment shall be made to the Contractor by A/C payee cheque within 30 days from the date of receiving the detailed bill from the Contractor, if possible under normal conditions subject to availability of funds. INCOME TAX:Income tax @ Rs.2.3% or as applicable will be deducted from the bills. W.C.T .if applicable will be deducted through bill @ 2 % will be deducted at source, if Bidder are registered under WCT Act, otherwise the WCT will be deducted @ 4% at source
43
87.0
LIABLITIES & RESPONSIBILITIES OF THE CONTRACTOR I. WORKMENS COMPENSATION: The contractor will be responsible for the payment of compensation of his staff in case of accidents as may be admissible under the Workmens Compensation Act, 1923. If he fails to pay the same, it will be recovered from any of his bills due for payment to him by the MSETCL and will be paid to the concerned persons or his dependent/heirs/Govt. Authority etc. as required under the rules and regulations. STATUTORY RULES & REGULATION: The contractor will have to observe all statutory rules & regulation of the HVDC site C.T.P.S. and general rules/laws of the land. The HVDC site in C.T.P.S. is a prohibited area. Bidder will have to obtain entry permits for Bidder and Bidders staff from this office on submission of the list of staff. Also Bidder should inform immediately the changes if any, for issuing identity cards accordingly. The contractor will have to observe all statutory Civil rules & regulation of the act along the line abided with general rules/laws/regulations . DISCIPLINE: It is the responsibility of the contractor to maintain the discipline of his staff and himself and any hindrance to the project, running of the HVDC work or to the Boards staff will be viewed very seriously and will make the contract liable for the termination by the MSETCL without entertaining any claims from the contractor in this regard. TOOLS & TACKLES:- All the tools and tackles and consumables required for the work shall be arranged by the contractor at his cost. The bidder will have to submit all the list of T &P to be incorporated for above work and the same to be verified by the undersigned or his authorized representative before awarding the contract. LABOUR LICENSE: - Contractor will have to obtain the labour license from the Labour Commissioner. LAWS & REGULATION: -Contract is governed by various labour laws regulations and amendments made there in from time to time. Workmen Compensation Act. Factory Act. Payment of Minimum Wages Act. Contract Labour Regulation and Abolition Act. Industrial Dispute Act. CPF Act/Regulation an any other labour laws and rules as applicable time to time. Service Tax Act. The employees of the Contractor will not be entitled for any facility as is being provided to MSETCL staff. It is the sole responsibility of Contractor to observed and abide by the provisions of labour Acts such workmen compensation Act, minimum wages Acts, payment of wages Act, Gratuity Act, PF Act, Service Tax and other regulations framed by the Govt. from time to time. MSETCL will not be responsible for any violation of the Act or regulations by the Contractor. The Contractor will be responsible for compliance of all statutory obligations under the Factory Act, Contract Labour Act, Minimum Wages Act, contribution under the 44
II.
III.
IV.
V.
VI.
VII.
VIII. A] B] C] D] E] F] G] IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
C.P.F. Professional Tax, C.P.F. & E.S.I.S Act etc. in respect of his employees. The payment monthly/weekly shall be made as per prescribed minimum wages act in presence of authorized representative of MSETCL. The Contractor shall prepare a wage cum attendance register in the format given in Minimum Wage Act 1948. Any deviation to the above may result in suspending payment of bill of Contractor by MSETCL. It will be the Contractors responsibility to maintain various registers required under various contract Acts and shall be produced on demand to this office or Govt. authorities for verification. SAFETY:- The contractors should provide all safety equipment required for the work to his workers. If any accident occurs due to non-supply of these equipment or careless handling of equipment, the same shall be in the contractors risk and cost. The contractor must maintain one first aid box in safe custody. PRECAUTIONS:-All substation/ lines are in Live Conditions. The Contractor will have to take all precautions at The Contractorr cost till the completions of the work. ACCIDENT: - MSETCL will not be responsible for any accident (fatal or non-fatal) or injury to the personnel of the Contractor or any financial implication arising there from. MISCONDUCT: - If any type of misconduct or adverse report against the performance of Contractor or its employees is reported to this office, the undersigned reserves the right for cancellations/terminations of contract at any stage and decision taken will be final and binding on the Contractor. The said termination shall be made at the risk and cost of Contractor and remaining work shall be got done from another Contractor at the cost and risk of the Contractor. FAILURE:-Failure to carry out the work during the contractual period, MSETCL will be at liberty to get work done departmentally or from other Contractor at the cost and risk of Contractor. SUB-LETTING:- Sub-letting of the contract without permission will not be allowed otherwise the contract will be terminated and the security deposit shall be forfeited. CLARIFICATION:- For any detailed clarification, the Contractor may contact to this office during working hours only. The terms and conditions in Tender and Contract for works of MSETCL are also applicable for this work. MSETCL reserves right to add more terms during the contract period if found necessary. COMMUNICATION:- The Contractor shall preferably have mobile as well as landline phone for immediate communication with the Contractor. The Contractor/contractor should make personal/telephonic contact regularly during the contractual period with the Site-Engineer-In-Charge in order to communicate and attend immediately any of the urgent work. BACK-UP:- In case of failure/non functioning of any system/contractor shall deploy the another sufficient resources required for attending the stipulated works without any extra cost. As envisaged in the scope of contract and attend the work within reasonable time. The Contractor shall maintain the daily record of labours tools etc. engaged for the work and the record shall bear the signatures of both the Contractor and representative of MSETCL. Review of the work shall be taken at proper intervals and if any work found not attended properly suitable recovery shall be made from the Contractors bill for that particular work on the basis of available record of resources deployed by the Contractor as compared to estimated resources. QUANTITIES:- The quantities mentioned in Schedule-B are purely approximate and tentative, some of the items may not be executed at all & quantities of some of the items may vary to any extent on upper and lower side. However, the overall value of tendered amount/work order amount will not exceed in any case. The 45
MSETCL will not make any compensation in any case due to non-execution of certain items/all items and subsequent reduction of work done amount to any extent. 87.0 LIQUIDATED DAMAGES If the contractor fails to complete the works in the stipulated time period, he shall be liable to pay to the company the sum equal to one percent of the contract sum (for the delayed portion of work) per day delayed, subject to a maximum of 10% as liquidated damages and subject further to Force Majeure conditions. TERMINATION OF CONTRACT The undersigned reserve the right to terminate the contract at any time during the contract period by giving appropriate notice, if it is found that the Contractor/contractor is not able to cope up with or discharge duties satisfactory. INTERPRETATION In normal course, the interpretation of the undersigned on any matter or decision given by him on any; disputable points will be final and binding on Bidder. DURATION OF CONTRACT The contract shall be for the period of detailed in scope of work and can be extended by further 6 (six) months if required. PERMISSIONS Required clearances/permissions, if needed, from the respective Sate/Central Authorities is to be obtained by the agency with intimation to this office or the Engineer Incharge APPLICABILITY OF GENERAL CONDITIONS OF CONTRACT Notwithstanding anything stated herein, the companys general terms and condition of contract shall be applicable to the contracts as far as they are applicable to this contract. AGREEMENT The Contractor will have to enter into an agreement with the undersigned for the abovecited work within 10 days from the date of receipt of this work order on a Non-judicial stamp paper of value of Rs.100/- for proper performance of contract awarded. Till such time agreement is not executed, no payment would be released. The cost of the stamp paper is to be borne by the contractor. The format for the agreement is enclosed herewith.
88.0
89.0
90.0
91.0
92.0
93.0
93.0
JURISDICATION All tender disputes or differences arising out of or in connection with the contract, if concluded shall be subject to the jurisdiction of Chandrapur Court.
EXECUTIVE ENGINEER
46
SCHEDULE A SCOPE OF WORK NAME OF WORK: The work of tree cutting, Up-rooting the roots of trees &
leveling the land along 52 M corridors beneath +/- 500KV Chandrapur Padghe HVDC line, in the private forest for which the tree compensation is paid as per the order of collector , Yavatmal.
1.
The scope of work include cutting of Scheduled and Unscheduled Trees, Kukdi Creepers, Thorny Plants & Bushes, Uprooting of bamboo shoots etc & leveling the land beneath the specified span along 52 mtr. Corridor beneath +/- 500 KV Chandrapur- Padghe HVDC Line in the private forest for which tree complete and disposal of the same away from the cleared belt & deposition to the respective depot as directed by Engineer Incharge as per Annexure A. Necessary clearances/permissions, if needed, from Forest Authorities/cultivators will be obtained by the DyEE, HVDC TL O&M,S/Dn, Yavatmal. However necessary help should be provided by the agency for obtaining the permission. Agency should deposit cut trees/branches as per cultivator/ Owners request, if any, or as directed by Engineer Incharge, from the site to the requisite forest depot / as directed by Engineer Incharge. Agency should arrange all T&P, required conveyance and camping of labours for execution of work.
2.
3.
4.
5. The scope includes arranging of all T&P required, conveyance and camping of labours for execution of work. 6. The trees should be cut from the ground level so as to maintain the required clearance as per IE rules. The approximate details of spans are enclosed in Annexure A. 7. The trees should be cut in such a way that no damage is done to the existing crops in the field. If any damage occurs to the crops in the field, agency has to pay the crop compensation to the owner of the crop immediately & no complaint in this matter (or delay due to this), will be entertained by this office.
EXECUTIVE ENGINEER
47
Annexure A Details of Trees of the cultivators Sr.No. Name of Cultivators Mr. Desairao Deshmukh & Mrs. Chhayatai Deshmukh Mr. Pandharinath Chikate Mrs. Sumatibai Lonkar Mrs. Sawitribai Jadhav Mr. Rakeshkumar Atal Village Survey No. 72/1 B & 72/1 A 46/1 2 3 4 5 Pandhurna(O) Pandhurna(O) Khedi(vanoli) 49/1 Kalgaon 19/1 A 6 Mr. Bhagwan Suroshe Chikani-shivar 2/4 7 Mr. Nursingh Jadhav Khedi(vanoli) 2/3 8 Mr. Vinod Jadhav Khedi(vanoli) 29/2 9 Mr. Devidas Shinde Hudi-shivar Total no. of trees of the cultivators Total Spans - 8nos. 551-552 15 481-482 16 30 45 545-546 481-482 50 --16 10 --50 --10 463-464 16 8 24 40 11/2 355-356 481-482 59 16 --105 59 121 Location no. 534-535-536 Teak trees 3559 Other Trees ---Total 3559
Chikani-shivar
354-355
225
30
255
4139
EXECUTIVE ENGINEER
48
SCHEDULE B PRICE BID Sr. No. Loc. No. Particulars Rate (In Rupees) Quantity Amount (In Rupees)
534-535-536
354-355 355-356 481-482 463-464 545-546 551-552 534-535536, 354-355 355-356 481-482 463-464 545-546 551-552
Cutting of trees as mentioned in Schedule A in the land of Mr. Desairao Deshmukh & Mrs. Chhayatai Deshmukh survey no. 72/1 B & 72/1 A respectively, (having Approx. 3559 numbers of Teak trees) & Transportation of Cut trees from site to forest depot as directed by engineer incharge. Cutting of trees as mentioned in Schedule A in the land of cultivators (having 580 numbers of Teak trees) & Transportation of Cut trees from site to respective forest depot Ghatanji, Jodmoha, Digras & Pusad etc., as directed by engineer incharge.
2 Spans
6 spans
Work of up-rooting the roots of above cut trees & leveling the land in the land of cultivators
8 Spans
Total Rs.
Rs. In Word:MAKE A NOTE OF: a. The rates quoted shall include cost of all materials, labour, plant, equipment, temporary works, tool, setting out, supervision, transport, taxes, excise duty, royalties and local, state or central taxes or levies payable on all transactions, insurance, and everything necessary like compensation to the respective towards overcoming way leave problems for due completion and proper performances of all works under the contract and nothing will be paid extra. b. The rates should be exclusive of Services Tax which will be paid extra on producing documentary evidence. c. The percentage of the Taxes quoted should be shown separately so as to avail the concession if any. d. The total contract price will only be considered for comparison.
EXECUTIVE ENGINEER 49
SCHEDULE- C ACCEPTANCE To, The EXECUTIVE ENGINEER, HVDC TL O&M Division, CSTPS Complex MSETCL CHANDRAPUR Sir, I/We hereby gone through the BID Document i.e. TENDER and completely understand the SCOPE OF Work to be executed. The way of passing of the line is completely inspected and made conversant before quoting of the rates for the work. I/We hereby agree to carry out the work at the rates herein quoted by me/us subject to the conditions of tender & the work above which I/We have thoroughly understood & to which I/We agree. I/We hereby tender for the Maharashtra state Electricity Transmission co. ltd. (hereinafter referred as the MSETCL) for the execution of the work against Tender specification in E-tender Notice within the time limit specified therein & in accordance with the conditions stipulate in this specification & the printed general conditions of contract hereto. I/We hereby agree to abide by and fulfill all the terms & conditions of the specification and in default thereof to forfeit the earnest money/security deposit & in addition to pay to the MSETCL the sum of money mentioned in the specification. I/We hereby agree to keep this offer open for 12 months after the date of opening of this Tender and shall be bound by communication of acceptance dispatched within the prescribed time. Thanking Bidder, Bidderrs faithfully, Signature of Bidder ____________________________________________ Name ____________________________________________ Address ____________________________________________ ____________________________________________ Seal ____________________________________________ Tel. No. ______________________ Fax __________________ E-mail _____________________________________________
50
SCHEDULE D PARTICULARS OF CONTRACTOR (To be filled in by BIDDER In absence of which tender is likely to be rejected) 1) Full Name & Permanent/Local address of contractor 2) Whether Bidder are Income Tax payer. If so, enclose the latest Income Tax if current year & PAN Number. 3) Solvency certificate in support of financial position Enclosed /Not enclosed. 4) Certificate of registration under contract labour Act/Labour License and No dues certificate from P.F. office. 5) Previous EXPERIENCE In Rlys./PWD/MSEB/others in similar type of works. Following is the list of orders executed /being executed by us the details of which are furnished by us in support of qualifying requirements. Sr. Clients Order Licences Name Package Ordered Supplied Expected No. Name and Ref. Qty./utilized of line length Qty. Qty. date of Address No. & Qty. and (Kms.) (Kms.) with completion Date voltage date of balance (Kms) Qty. 1 2 3 4 5 6 7 8 9
Note :- True copies of the testimonials may be attached which will not be returned. Certified that if tender is accepted, I/We hereby agree to abide by and fulfill all the terms and conditions of the contract as above and attached hereto and in default thereto forgeit the security deposit and to pay the MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD. as the loss incurred by the MSETCL as a result of default. Name of the firm Signature of the Bidder Designation Place Date :- ______________________________ :- ______________________________ :- ________________________________ :-________________________________ :- _____________________________
51
INDEMNITY/AGREEMENT BOND
THIS BOND OF INDEMNITY is made on the day of . 2011 BETWEEN M/s having its registered office at hereinafter called the CONTRACTOR which expression shall unless accepted by or repugnant to the context include its successors, assigns, administrators, executors etc. of the one part and the Maharashtra State Electricity Transmission Company Ltd, having its registered office at Prakashganga, Bandra-Kurla complex, Mumbai, hereinafter called the company which expression shall unless accepted by or repugnant to the context include its successors and assigns of the other part. AND WHEREAS THE COMPANY has placed an order . dated.. on the contractor for Work OF ........................................................................ on the terms and conditions indicated in the above referred order and schedules to the said order at the rates specified there under. AND WHEREAS under the terms of the said order the contractor is bound to give indemnity Bond in addition to the Security Deposit AND WHERREAS the contractor in terms of the said order is entrusted for the work of ...... .......... ................. ........................ .................................................................................................... NOW THIS DEED WITNESSETH AS FOLLOWS: 1. The contractor undertakes for the work of.................................................as per the terms of the order referred to above. The contractor further undertakes to make good any loss, shortages, damages to the material/panels/equipments entrusted to them while performing acting and operating under the said order. The contractor further hereby undertakes to indemnify and keep the Company indemnified at all times hereinafter well and sufficiently against any losses. Or shortages of material or damages sustained to the proper/goods of the Company and against all liabilities in respect thereof and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Company or incurred or become payable by the Company in respect thereof. IN WITNESS WHEREOF THE parties hereunto set and subscribe their respective hands of this day of .
2.
SIGNATURE. PROPRIETOR .. NAME SEAL. 52

WITNESS (1).. SIGNATURE. NAME ADRESS.
WITNESS (2).. SIGNATURE. NAME ADRESS.
SIGNATURE NAME.. DESIGNATION-EE MSETCL, CHANDRAPUR WITNESS (1).. SIGNATURE. NAME ADRESS. WITNESS (2).. SIGNATURE. NAME ADRESS.
53

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Maharashtra State Electricity Transmission Co. LTD.: Index SR. NO. Particulars NO. Tender Notice

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MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD. Office of the EXECUTIVE ENGINEER, HVDC TL O&M Division, M.S.E.T.C.L.

, CSTPS Complex, Urjanagar, Chandrapur

MAHARASHTRA STATE ELECTRICITY TRANSMISSION CO. LTD.

Last Date & Time(Hrs) for Bid security deposit EMD

Technical bid Commercial bid

DATED SIGNATURE OF BIDDER WITH SEAL

6.0 6.1 (a) (b) (c)

DATED SIGNATURE OF BIDDER WITH SEAL

SPECIAL TERMS & CONDITIONS RELATED TO WORK

1.23 (a) (b)

DATED SIGNATURE OF BIDDER WITH SEAL

DATED SIGNATURE OF BIDDER WITH SEAL

DATED SIGNATURE OF BIDDER WITH SEAL

DATED SIGNATURE OF BIDDER WITH SEAL

22.0 22.1 22.2

27.0 27.1 27.2

DATED SIGNATURE OF BIDDER WITH SEAL

43.7 43.8 43.9

DATED SIGNATURE OF BIDDER WITH SEAL

DATED SIGNATURE OF BIDDER WITH SEAL

51.0 51.1 51.2 51.3

DATED SIGNATURE OF BIDDER WITH SEAL

DATED SIGNATURE OF BIDDER WITH SEAL

DATED SIGNATURE OF BIDDER WITH SEAL

SIGNATURE. PROPRIETOR .. NAME SEAL. 52

WITNESS (1).. SIGNATURE. NAME ADRESS.

WITNESS (2).. SIGNATURE. NAME ADRESS.

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