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HPGCL

DEENBANDHU CHHOTU RAM THERMAL POWER PLANT

YAMUNA NAGAR

A Unit of Haryana Power Generation Corporation Ltd. (Regd. Office: Urja Bhawan, Sector 6, Panchkula)

Tele Fax No.: 01732-204055

Tender Documents

For

Supplying & Fixing of Acid Resistant Tiles in

Sulphuric Acid Bulk Storage Area at DCRTPP,

Yamuna Nagar

NIT No. 18 /XEN/CMD-I/ MTC- 143 Dated: 28.04.2011

Executive Engineer /CMD-I

For Chief Engineer, DCRTPP,

HPGCL, Yamuna Nagar

M-09355061867

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Please visit our website hpgcl.gov.in and check the tenders section. You are requested to fill

the following information and send along with the NIT details via email at

tender@hpgcl.gov.in.

Tender Information

Source (Name of power) CE/ DCRTPP, HPGCL, Yamuna Nagar

Classification Maintenance work of DCRTPP, Yamuna Nagar.

NIT Number 18/ XEN/ CMD-I/ 2011-2012 Dated: 28.04.2011

Brief NIT Description Supplying & Fixing of AR tiles in Sulphuric Acid Bulk Storage Tank Area, DCRTPP, Yamuna Nagar.

Tender Issue Date: 02.05.2011

Document Sale Close Date 18.05.2011

Bid Submission Date 19.05.2011 upto 13.00 Hrs.

Bid Opening Date Part-1 on 19.05.2011 at 15.30 hrs.

Contract Info Completion of contract 90 days from 7th day of issue of LOI/ LOA

NIT Details Available on HPGCL Website.

Corrigendum detail - Nil -

EMD Amount Rs. 19000.00

Tender Document Cost Rs. 1133.00

Contract Classification

1. Supply of Material – AR Tiles

2. Works Contract – 90 Days

3. Equip. Supply & Erection – No

4. Scrap – Nil

5. Computer & Software – Nil

6. Miscellaneous ( other) – N.A.

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INDEX Clause No. Description Page No. Tender Information 2 Index 3-4 Notice Inviting Tender (NIT) For Press Publication (Part-I) 5

General Terms and Conditions 6-12

General Rules & Directions for the guidance of contractor 13

1 Definitions 14

2 Scope of work & Variation clause 15

3 Compensation not payable for alteration 15

4 Possession prior to work 15

5 Extension of time 15

6 Completion of repairs and maintenance 15

7 Completion Certificate 16

8 T&P for construction 16

9 Ladders, scaffolding etc. 16

10 Sub-letting of work 17

11 Splitting of work 17

12 Damages to work in consequence of war 17

13 Public liability and property damage insurance 18

14 Electricity 18

15 Water Charges 18

16 Care of finished work 18

17 Standards 19

18 Drawings, specifications & designs 19

19 Alterations in specifications prescribed 20

20 Action where no specification prescribed 20

21 Inspection and Tests 20

22 Cleanliness & rubbish 21

23 Work to be executed in accordance with specifications, 21

Drawings, orders etc.

24 Power to reject sub-standard work 21

25 Dismantled material 22

26 Schedule and progress 22

27 Extra work shifts 22

28 Work to be open for inspection 22

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29 Work to be under direction of Engineer-in-charge 22

29(A) Notice to be given before the work is covered up 22

30 Co-operation of contractor‟s 23

31 Appointment of contractor‟s technical staff 23

32 Maintenance of peace 23

33 Fair wages clause 23

34 Compensation of workers 24

35 Safety arrangements for labour 24

36 Bills to be submitted monthly 24

37 Bills to be on printed forms 24

38 Payment of contractor‟s Bill 24

39 Recovery of Corporation‟s dues 25

40 Appropriation of dues 25

41 Sales and other taxes 25

42 Permits, Fees and taxes 25

43 Income Tax, Work contract Tax & worker‟s welfare cess 25

44 EPF 25

45 Public Liability 26

46 ESI 26

47 Service Tax 26

48 Determination and termination of contract 26

49 Change in constitution of contractor firm 27

50 Termination on death of contractor 27

51 Relative of contractors in corporation 27

52 Retired Government Servants taking to contract 27

53 Contractor‟s office, stores and workshop 28

54 Security rules 28

55 Watching and Lighting 28

56 Everything at contractor‟s risk 28

57 Site order book 28

58 Patent Right 28

59 Jurisdiction 28

60 Arbitration 29-30

61 to 68 Implementation of Labour Laws by the contractor 31-32

Format for quoting rates along with BOQ (Part-II) 33-34

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NOTICE INVITING TENDER (PART-I)

NIT No. 18 /XEN/CMD-I/DCRTPP/2011-2012 Date: 28.04.2011 Sealed tenders are invited in two parts on behalf of Chief Engineer, Deen Bandhu Chhotu Ram

Thermal Power Project, Yamuna Nagar (DCRTPP), HPGCL, Yamuna Nagar from contractors having

labour license or should have applied for renewal and permanent Service tax, EPF & ESI account No.

for following work.

Description of Work Completion Period Earnest money

Supplying & Fixing of Acid Resistant Tiles in

Trenches and Platform of Sulphuric Acid Bulk

Storage Area at DCRTPP Yamuna Nagar.

90 days Rs.19000/-

For all including

societies

1. Date on which tender document would be 02.05.2011

available on website :

2. Last date of submission of tenders : 18.05.2011 up to 13:00 Hrs 3. Due date of opening of Tenders : Part-I on 19.05.2011 at 15:30 Hrs 4. Cost of tender document: Rs.1133/- in shape of Crossed Demand Draft/ Pay Order in favour of the

Sr. Accounts Officer, DCRTPP, HPGCL, Yamuna Nagar payable on State Bank of Patiala or any other Scheduled Bank payable at Yamuna Nagar.

5. NIT, Scope of Work and Qualifying Requirement can be seen and downloaded from HPGCL‟s

website- www.hpgcl.gov.in. The firm should also visit the site before submitting the tenders. 6. Telegraphic tenders will not be accepted. 7. Chief Engineer/ DCRTPP reserve the right to reject any or all the tenders without assigning any

reason whatsoever.

8. Negotiation shall be held with L-1 bidder only.

Executive Engineer/CMD-I for Chief Engineer/ DCRTPP,

HPGCL, Yamuna Nagar. M.: 09355061867

Deenbandhu Chhotu Ram Thermal Power Project, Yamuna Nagar

(A Unit of Haryana Power Generation Corporation Ltd.) (Tele-Fax. No. 01732-204055)

E-mail: secivildcrtppynr@yahoo.com

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GENERAL TERMS & CONDITIONS 1. GENERAL

1.1 The tender documents shall be accepted only of those contractors/ firms who are found

eligible and capable of handling such works. The tender documents should accompany

the following documents:-

a) Proof for having the contractor/ firm registered with the Labour Department Govt. of

Haryana and possessing the Labour License.

b) Proof for having the contractor/ firm registered with the Provident Fund

Commissioner and possessing permanent EPF Registration Number/ Account

Number.

c) Proof of experience for successfully carrying out such type of works in Thermal

Plants, NFL‟s, Refinery, Sugar Mills or any other similar large industries in the last

three years.

d) Proof of depositing Rs.1133/- towards cost of tender documents either in cash or in

shape of demand draft favouring Senior Accounts Officer/DCRTPP Yamuna Nagar

and drawn on any scheduled Bank at Yamuna Nagar. No other mode shall be

entertained.

1.2 The tender application received without earnest money shall not be considered.

1.3 Telegraphic/ Conditional tenders are liable to be rejected.

1.4 Post tenders clarifications shall not be considered and such tenders shall be rejected out

rightly.

1.5 This office reserves the right to reject any or all the tenders without assigning any reason

and no claim on this account shall be entertained.

1.6 The tender rates should be valid at least for 120 days from the date of opening of tender.

1.7 The contractors/ firms are advised to visit the site before hand to acquaint them fully

about the quantum of work involved and the prevailing conditions, before the submission

of the tender. No claim on this account whatsoever shall be entertained from the

contractor or/ firm afterwards.

1.8 The firm should not submit the tender if any of his relative is posted in DCRTPP and who

is dealing with the day today work including passing of the bills etc. and who is working in

any capacity required him to give instructions as member of the Board. In case of breach

of these conditions, HPGCL may penalize the contractor/ firm and the work entrusted to

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him may be terminated. The term relative is meant wife/ husband, son/ daughter, brother

& sister, uncle, cousins and their correspondence in-laws. The tenders shall also supply

the list of officers and employees of HPGCL related to him.

1.9 Canvassing in connection with the tender is strictly prohibited and the tenders submitted

by the tenderer who resort to canvassing liable to be rejected.

1.10 All the works mentioned in the tender shall be treated as one unit for execution and shall

be awarded to one party alone whose rates would be overall lowest.

1.11 Haryana Power Generation Corporation Limited, DCRTPP, Yamuna Nagar authorities

does not bind itself to accept the lowest tender and reserves the right to itself accept the

whole or part of the tender and the tenderer shall be bound to perform the same at the

rates quoted in his tender.

1.12 The prescribed tender form and page of the technical specifications, scope of work and

general terms and conditions should bear the signature of the tenderer person in English/

Hindi language. The rates quoted should also be written in English/ Hindi language in

figures as well as in words in such a way that interpolation is not possible. In case of

figures, the words should also be written before the amount and the word paise be

written after decimal figures e.g. Rs. 2.51 paise and in case of word „Rupees‟ should be

written proceed and the word „paise‟ should be written at the end. Unless the rate is the

whole Rupees and followed by the word „only‟ it should invariably be upto two decimal

places.

1.13 Overwriting in rates shall make the tenders liable to be rejected. In case of cutting in the

rates, the same should be attested by the tenders by putting his full signatures and the

figures so attested should be mentioned in words also under full signatures.

1.14 The tenders submitted shall comprise of prescribed form, general terms and conditions,

scope of work, technical specifications all to be enclosed in a sealed envelope super-

scribed as tender for Tender Enquiry No.- _____/XEN/CMD-I shall consist of price

bid on the prescribed form which should be sealed in envelope super-scribed as Price

Bid for Tender Enquiry No.- ____/XEN/CMD-I. It should be noted that Earnest Money

and Price Bids of the Tender Documents should be submitted in separate sealed covers

super-scribed as above.

1.15 The tenders received after the schedule date and time shall not be opened irrespective

of the facts whether these are sent by registered or unregistered post, HPGCL DCRTPP

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shall not be responsible for any postal delay, loss or damage etc. of the tenders at any

stage.

1.16 In case the last date, for submission and opening of tenders happens to be holiday on

any account the same shall automatically be shifted to be next working day.

1.17 The tenders duly completed and accompanied with requisite documents viz, proof of

depositing the required earnest money, proof for possessing the Labour License from

Labour Department, Govt. of Haryana and Permanent EPF Registration number form

Provident Fund Commissioner, Govt. of Haryana, Experience Certificate for successfully

carrying out similar job as prescribed in NIT from any Thermal Project and Income Tax

Clearance Certificate for the previous year etc. shall be accepted upto 13.30 hrs shall be

submitted on the due dates.

The tender containing technical Bid shall be opened at 15.30 hrs on the same day

in presence of those tenders or their representatives who wish to be present there and

the date and time of opening of price bid shall be scheduled afterwards and intimated to

the contractors accordingly.

2. QUALIFYING REQUIREMENT FOR BIDDER

2.1 The contractor should fulfill the following qualifying requirements

i. Contractors who have already undertaken similar jobs in Thermal Plants, Refineries,

NFL‟s & PWD (B&R) etc. against single tender of atleast 6.50 lacs or above in any of

last 3 yrs. and produce documentary proof in support of above.

ii. The financial turnover should be Rs.14.00 Lacs in any one year of the last three

years.

iii. The contractor should have his own independent EPF & ESI account no. and service

tax no.

iv. The contractor should either be registered with the Labour Commissioner, Haryana or

should get himself registered immediately after award of the work or give an

undertaking that labour deployed on the work shall be less than 20.

3. MODE OF SUBMISSION OF TENDER

3.1 The tenders shall be submitted in a sealed outer cover having two separate sealed

envelopes containing following necessary documents & each envelope should be

suitably super scribed as Annual Maintenance of Residential/ Non Residential buildings

of DCRTPP Colony Yamuna Nagar.

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(a) Part-I in 1st Envelope.

1. EMD

2. Qualifying Requirement & Techno Commercial Bid.

3. Cost of tender document

(b) Part-II in 2nd Envelope.

1. Price Bid.

4. OPENING OF TENDER

4.1 The tenders will be opened in the office of XEN/CMD-I, DCRTPP, HPGCL, Yamuna

Nagar in the presence of authorized representative of the tenderers, if so desired, at the

time and date set for opening of tenders or in case any extension has given thereto on

the extended tender opening date and time notified to all the tenderers who have

submitted the tender documents. Tenderor authorized representatives may attend the

opening.

4.2 After opening the main cover, the envelope containing EMD shall be opened first.

Qualifying requirements for the Bidders and Techno Commercial offer shall be opened

subsequently, if EMD of requisite amount and in proper mode have been submitted by

the tenderer. Otherwise, the tenders shall not be opened and re-sealed.

4.3 The Price Bid (Part-II of the tender) shall be opened after Part-I of the tenders have been

scrutinized and evaluated. The tenderers whose Part-I have been approved, will be

allowed to participate in opening of Price Bid (Part-II). The due date and time for opening

of Price Bid (Part-II) shall be informed later on.

5. VALIDITY OF BID

5.1 The tender rates shall be valid for 120 days from the date of opening of tenders.

5.2 On acceptance of tenders, the name of the authorized representatives(s) of the

tenderers, who would be responsible for taking instructions from the Engineer- in Charge

and shall be communicated to the Engineer-in-Charge immediately after the

allotment/start of work.

5.3 The Haryana Power Generation Corporation does not bind itself to accept the lowest

tender and reserves to itself the right to accept the whole or any part of the tender and

the tenderer shall be bound to perform the same at the rates quoted in this tender.

5.4 The negotiation in rates shall be made with the L-1 bidder only.

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6. EARNEST MONEY

6.1 The contractor shall deposit the earnest money in the form of Demand Draft in favour of

Senior Accounts Officer, DCRTPP, HPGCL, Yamuna Nagar payable at Yamuna Nagar as

defined in the Notice Inviting Tender. The earnest money must be submitted in a separate

sealed cover super scribed (“Earnest Money”).Tenders not accompanied with earnest

money in a separate envelop will not be opened.

6.2 Conditional /telegraphic/Fax/ E-mail tenders are liable to be rejected.

6.3 Post tender clarification shall not be considered. Such tenders shall be rejected/ earnest

money forfeited.

6.4 The C.E / DCRTPP, Yamuna Nagar reserves the right to reject any / all the tenders

without assigning any reason whatsoever.

6.5 Tenderer should see the site before quoting the rates and no claim whatsoever shall be

entertained afterward.

6.6 The site for work is either available or it shall be made available in the parts in a manner

so as not to hamper the progress of work.

6.7 Tenders of only those tenderers who have purchased the tender documents from this

office shall be entertained/ opened.

6.8 Tenders should be submitted in a sealed cover with name of the work written on the

envelop and will be received by the Chief Engineer/ DCRTPP, HPGCL, Yamuna Nagar/

his representative. The tenders received after the due time and date will not be opened

irrespective of the date of their posting and irrespective of whether they are sent by

Registered Post or otherwise.

6.9 Firms/contractors who have been blacklisted by any Govt. /semi Govt./Board/

Corporation/Private organization shall not be considered. An affidavit to this effect will be

submitted by the agency at the time of submission of bids.

6.10 The rates are to be quoted in the enclosed format on percentage rates above/ below HSR-

1988 second edition with all up-to-date amendments and item rates for Non Schedule

items. Rated quoted anywhere else shall not be considered. The rates should be written

both in figures as well as in words. In case of any discrepancy/ambiguity, the amount given

in words shall be taken as correct.

6.11 The ceiling premium on HSR-1988 shall be applicable which is prevailing on the date of

opening of tenders.

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6.12 Each tender page should bear signature of the tendering person in English/Hindi

language. In the case of illiterate persons the rates of the amount quoted should be

attested by the literate witness.

7. VARIATION

7.1 Prices & rates shall be firm for a variation in the total contract price by +30% with the

provision that quantity of individual item may vary to any extent.

7.2 Payment shall be made by Sr. A.O. / DCRTPP, HPGCL, Yamuna Nagar through cheque

payable at Yamuna Nagar.

8. TAXES

8.1. Income tax @ 2% plus surcharge & education cess as applicable, work contract tax @ 4%

& worker‟s welfare cess @ 1% and any other levies/taxes comes into force in future shall

be deducted from all the payments at source. Rates of taxes/levies may vary in future.

8.2. Sale tax or any other tax on material or labour in respect of this contract shall be payable

by the contractor and Haryana Power Generation Corporation will not entertain any such

claim whatsoever.

9. TIME PERIOD

9.1 The work shall be completed within 90 days to be reckoned from 7th day of issue of LOI/

work order or actual start of work whichever is earlier.

10. PENALITY

10.1. Penalty @ ½% per week or part thereof subject to a maximum of 10 % of value of order

shall be deducted for delay in completion of work.

11. SECURITY

11.1. Security @ 10% shall be deducted from all running bills and shall be returned after

expiry of 180 days of completion of work. Any defect arising during this period shall be

rectified by the contractor at his own cost.

11.2. Liability of the labour complying with the labour laws like deduction of EPF & ESI etc.

shall be to the account of contractor for all intents and purposes.

12. REFUND OF EARNEST MONEY

12.1. Earnest money of unsuccessful bidders will be refunded after finalization of tender.

Earnest money of successful bidder will be converted into security deposit.

12.2. All material & T &P shall be arranged by the contractor at his own cost.

12.3. Work shall be done as per PWD specifications as applicable to Haryana State read with

relevant IS Codes, unless otherwise specified.

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13. SITE CONDITIONS

13.1. The bidder is advised to visit the site of work in order to acquaint himself with all the

connected information for the proper execution of the work. The contractor should

particularly satisfy himself regarding transportation, disposal, handling & storage of

materials, availability of labour, water, electric power, roads and uncertainties of weather

or similar physical conditions of the site, the configuration & conditions of ground, the

character quality of surface and subsurface materials to be encountered, including the

subsoil water levels, the character of equipment and facilities needed preliminary to and

during the progress of work and all other matters, which can, in any way, effect the work

or cost thereof under this contract. Ignorance of site conditions will not be accepted

as a basis of claim for any compensation of any nature.

13.2. The contractor shall make his own arrangement for draining out the rain water from site

at no extra cost.

13.3. Contractor should have labour license. However, in case the labour deployed on the

work is less than 20 Nos. you shall have to submit an undertaking in this regard as the

same is not required as per existing Factory Act.

13.4. In case there are varying or conflicting provisions made in any document forming part of

the contract, the Engineer – in- Charge shall be the deciding authority with regard to the

intension of the document.

14. Fuel Wood to the Labour

14.1. The contractor shall have to make either arrangements for fuel such as Kerosene oil,

Diesel etc. and shall arrange chullas for labourers or food at subsidized rates to their

workers/staff. Felling of trees to arrange for fuel shall not be permitted at any cost.

14.2. The rates quoted shall be firm in all respect. No claim on account of fluctuation of

prices on account of any reason whatsoever shall be entertained. No claim of any

labour having been rendered idle on account of stoppage of work or any other

reason shall be entertained.

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GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACORS 1. All work proposed for execution by contract will be notified in a form of invitation to Tender

published in leading newspapers duly signed by the Chief Engineer/ Superintending Engineer / Executive Engineer.

2. This form will state the work to be carried out as well as the date for submitting & opening of

tenders, the time allowed for the carrying out the work and also the amount of earnest money to be deposited with the tender. Earnest money as specified in the tender documents shall be in the form of cash deposit / demand draft crossed for account payee only from the scheduled bank. Any tender unaccompanied by prescribed earnest money shall be summarily rejected. Copies of the specifications designs & drawings and any other documents required in connection with the above tender shall be open for inspection by the perspective tenders at the office of Chief Engineer/ DCRTPP during the office hours. Each tender shall contain the name, residence and place of business of the person/persons submitting the tender and shall be signed by the tender with his signature: Partnership tenders shall furnish the full name and address of all partners along with an attested copy of the partnership deed of the firm duly signed by the each partner and in event of the absence of any partner /partners, it must be signed on his /their behalf by a person /persons holding Power of Attorney authorizing him /them to do so. Tenders by a corporation shall be signed with the Legal name of the corporation followed by the name of the person, authorized to sign it in the matter and attested copy of such authorization should also be sent along with the tender.

3. Receipts for payment made on account of a works when executed by a firm must also be signed by the several partners except where the tenders are described in their tenders as a firm, in which case the receipt must be signed in the name of the firm by one of the partners, or by other person holding power of attorney authorizing him to do so by the other partners.

4. Any person who submits a tender shall fill in ink the usual printed form, stating at what rate he is

willing to under take each item of the work. Tender which pose any alteration in the work specified in the said form /invitation to tender or in the time allowed for carrying out the work or which contain any other conditions of any sort will be liable to rejection. No single tender shall include more than one work. Contractors who wish to tender for two or more works shall submit a separate tender for each. The Tender shall have the name and number of work to which they refer written outside the envelope.

a) The rates (s) and /or amount (s) must be quoted in decimal-coin-age.

5. The Chief Engineer /DCRTPP or his duly authorized officer will open tenders in the presence of

any Intending contractors who may be present at the time and will enter the amounts of the over all tenders in the register of tenders prescribed for this purpose.

6. The officer inviting tenders shall have the right of not opening the tenders, rejecting all or any of

the tenders, without assigning any reason and will not be bound to accept the lowest tender. 7. The tenders so opened shall remain valid for acceptance for a period of 120 days from the date

of opening of the tender. 8. In the event of a tender being accepted due intimation there of will be communicated to the

contactor in the form of a letter of acceptance. The earnest money of the unaccepted tenders thereupon be refunded and no claim whatever shall be made in the Haryana Power Generation Corporation.

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DEFINITIONS Clause-1

1) The contract means the document forming the tender and acceptance thereof and the formal agreement executed between the Haryana Power Generation Corp. and the contractor, together with the documents referred to therein including these conditions. The specifications, designs & drawings and instructions issue from time to time by the Engineer- in- charge and all those documents taken together shall be deemed to form the contract and shall be complimentary to one another.

2) In the contract, the following expressions shall unless the contract other requires, have the meaning hereby respectively assigned to them.

a) The expression work or works shall unless to something either in the subject or context repugnant to such constructions be constructed as taken to mean the work by or virtue of the contract contracted to be executed whether temporary or permanent and whether original alerted or substituted or additional.

b) The site shall mean the land other places on, into or through which the work is to be carried under the contract or any adjacent land, path, or street which may be allotted or used for the purpose of carrying out the contract.

c) Corpn. shall mean the Haryana Power Generation Corporation and shall include its successors in office and assignees.

d) Engineer- in- charge means the Chief Engineer/ DCRTPP or his authorized representative who shall supervise and be in- charge of the work.

e) The contractor/ supplier shall mean the person/ party with whom the contract is made and include his executer, administrator or successor and permitted assignees as the case may be.

f) Tenderer: the party or parties submitting as offer for the work covered by the tender documents.

g) Sub-contractor: the term sub-contractor used herein refers to a party or parties having direct contact with the contractor whom any part of the contract has been sublet by the contractor with the consent in writing of the Engineer- in- charge.

h) Manufacturer: the term manufacture used herein refers to party proposing to and/or manufacture the equipment & material as specified complete or in part.

i) Tender drawings: the term tender drawings refer to the drawings made part of the tender documents.

j) Detailed drawings: if necessary additional/ detailed drawings which may be furnished to the contractor for execution of the work and they will be form part of the contract.

k) Letter of acceptance shall mean the letter from the Chief Engineer/ DCRTPP, HPGCL, Yamuna Nagar conveying the acceptance of the tender subject to such reservations as may have been stated herein. The contract agreement will be signed by the Chief Engineer/DCRTPP on behalf of Haryana Power Generation Corporation Limited.

l) Plant equipments, stores, works or works- shall mean and include plant equipment and materials required for erection which shall be provided and work to be done by the contractor under the contract. When the words “Approved subject to approval”, satisfactory, proper as directed, accepted, permitted etc are used as the approval, determination, acceptance,

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permission, judgment, directions etc is understood to be a function of the Engineer- in- charge.

SCOPE OF WORK ETC. Clause-2 scope of work

Supplying & Fixing of Acid Resistant Tiles in Trenches and Platform of Sulphuric Acid Bulk Storage Area at DCRTPP Yamuna Nagar as per schedule of quantities

2 a) Variation clause:

Prices and rates shall be firm for a variation in the total contract price by +30% with the provision that quantity of individual item may vary to any extent.

Clause -3 Compensation not payable for alteration in or restriction of work to be carried out:

If at any time after commencement of work the corporation shall for any reason whatsoever not require the whole works thereof as specified in the tender to be carried out, the Engineer- in- charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from the execution of work in full but which he did not drive in consequence of the full amount of the work not having been carried out, neither shall have specifications, drawings, designs, and instructions which shall involve any curtailment of the work as originally contemplated. Provided that the contractor shall be paid the charges on the cartage only of materials actually bonafide brought to the site of the work by the contractor and rendered surplus as a result of the abandonment or curtailment of the work of any portion thereof and then taken back by the contractor. Provided however, that the Engineer- in- charge shall have in all such cases the option of taking over all or any such materials at their purchase price or at local current rates whichever may be less. In the case of such stores having been issued from departmental stores supervision charges and storage charges shall be refunded in addition to the issue rate of materials.

Clause-4 Possession prior to completion

The Engineer- in- charge shall have the right to take possession of part of the work completed or partially completed work. Such possession or use shall not be deemed to be formal acceptance of any work not completed in accordance with the contract if such prior possession or use by the Engineer- in- charge delays the progress of the work an equitable adjustment in the time of completion will be made and the contract agreement shall be deemed to be modified accordingly.

Clause -5 Extension of time

If the contractor shall desire an extension of time for completion of work on the grounds of his having been unavoidably hindered in its execution or any other ground, he shall bring this to the notice of the Engineer- in- charge in writing within 30 days of such hindrance on account of which he desired such extension as aforesaid and the Engineer- in- charge/ competent authority shall if in his opinion (which shall be final) reasonable grounds be shown, authorize such extension of time, if any, as may in his opinion be necessary or proper.

Clause-6 Completion of repairs and maintenance

When the repairs and maintenance work is carried out during construction the splashes and droppings from white washing, colour washing, painting, etc on doors, floors, walls, windows fittings etc. shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters, premises or portions etc. where the work is done without waiting for the actual completion of all the other items of the work in the contract. In case the contractor fails to comply with the requirements of this clause, the Engineer- in- charge shall have the right to get this work done at the cost of the contractor either departmentally or through another party. Before taking such action the Engineer- in- charge shall give notice in writing to the contractor.

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Clause-7 Completion certificate

Within 10 days of the completion of the work the contractor shall give notice of such completion to the Engineer- in- charge and within 30 days of the receipt of such notice the Engineer- in- charge shall inspect the works and if there are no defects in the works shall furnish the contractor with certificate of completion. Otherwise a provisional certificate of completion including (a) defects to be rectified by the contractor and/ or (b) defects for which payment will be made at reduced rates shall be issued but no certificate of completion provisional or otherwise shall be issued nor shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/her work people on the site in connection with the execution of the work as shall have to be executed or constructed by the contractor (s) and clear all dirt from all wood work, doors, windows, walls or other parts of any building in upon or about which the work is to be executed, of which he may have had possession for the purpose of the execution thereof and not until the work shall have been measured by the Engineer- in- charge. If the contractor shall fail to comply with the requirements of this clause as to removal of scaffoldings, surplus materials and rubbish etc. and dispose of the same as he thinks fit and clean off the dirt as aforesaid and the contractor shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.

Clause-8 T & P for construction

The contractor shall furnish along with the tender a list of items of special T&P and the machinery which he will be deploying on the particular job. He will also make necessary arrangements for supplementing them or drawing any other items of machinery required to do so by the Engineer- in- charge at time of awarding of the contract or later as the work progresses.

The contractor shall furnish along with the tender a list of items of special T&P that may be supplied to the contractor on hire at the discretion of the Engineer- in- charge at a rate and conditions to be fixed by the Engineer- in- charge. The non provision of such equipments / machinery by the Engineer- in- charge or withdrawal of such equipments/ machinery originally provided by the Engineer-in-Charge shall not be taken by the contractor as a plea for delay in the work/works or for payment of any compensation whatsoever. The contractors are expected to make their own arrangements for all tools and plants required for successful execution of work.

If the tools and plants deployed by the contractor are found to be inadequate or defective in the opinion of the Engineer- in- charge, he shall have the right to supplement the T&P of the contractor by issue of the departmental T&P at the rates and terms and conditions as fixed by the corporation from time to time. Under such circumstances, the contractor shall have no risk to ask for extension of time on grounds of non availability of T&P or for any recovery affected from the contractor‟s monthly running bills and final bills if necessary.

Clause-9 Contractor to supply all plant, ladders, scaffoldings etc.

The contractor shall supply and provide at his own cost all materials (except such special materials if any as may in accordance with the contract be supplied from the stores of Haryana Power Generation Corp. Ltd). Plants, tools, appliances and implements, ladders, cordage, tackle, scaffoldings and temporary work requisites necessary for the proper execution of the work. Whether original altered or substituted and whether include in the specification or other documents forming part of the contract or referred to in these conditions or not or/of satisfying or complying with the requirements which may be necessary for the purpose of the Engineer- in- charge as to any matter as to which under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage thereof to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of settling out works, counting and weighing and assisting in measurements or examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer- in- charge at the expenses

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of the contractor (his decision being final in this respect) and the expenses may be deducted from any money due to contractor under contract of any other agreement for work, supply etc.

Clause- 10 Work not be sublet, contract may be rescinded and security deposited forfeited and subletting basis or if the contractor becomes insolvent

The contractor shall not assign or sublet any work or part thereof without the written approval of the Engineer in Charge. And if the contractor shall assign or sublet his contract or attempt to do so or becomes insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or any bribe, gratuity, gift, load, perquisite, reward or advantage, pecuniary or otherwise, shall directly or indirectly be given, in the employment of the corporation in any way relating to his office or employment or if any such officer or person all become in any way directly or indirectly interested of the corporation and in the event of any of these courses being adopted the consequences specified in the said clause 73 shall ensue.

Clause-11 Splitting of work

Engineer- in- charge reserves the right to separate or otherwise some items of work under the contract and if certain items of work are not operated at all, contractor shall have no claim whatsoever for anticipated profits or loss or for damage. The whole work may be split up between two or more contractors or accepted in part or in total as considered expedient.

Clause-12 Damage to work in consequence of hostilities or war-like operation

The work (whether fully constructed or not) and all materials, machines, tools, and plant scaffolding temporary building and other things connected therewith shall be at the risk of the contractor until the work has been delivered to the Engineer- in- charge and a certificate from him to that effect obtained. In the event of the work or any material properly brought to the site for incorporation in the works being damaged or destroyed in consequence of hostilities or warlike operations, the contractor shall when ordered in writing by the Engineer- in- charge remove any debris from the site, collect and properly stack or remove in store all serviceable materials salvaged from the damaged work and shall be paid at the contract debris, staking or removal of serviceable material and/ or the construction of all the work ordered by the Engineer- in- charge, such payment being in addition to the compensation into the value of the work damaged or destroyed but not already measured and paid for, the compensation shall be assessed by the Engineer- in- charge. The contractor shall be paid for the damage destruction suffered and for restoring the materials at the rates passed on the analysis of the rates tendered for in accordance with the provisions of this agreement. The certificate of the Engineer- in- charge regarding the quantity and quality of materials and the purpose for which they were collected shall be the final and binding on all parties to this contract.

Provided always that no compensation shall be payable for any loss in consequence of hostilities or warlike operations (a) unless the contractor had taken all such precautions as are deemed necessary by the Engineer- in- charge and (b) for any materials etc. not the site of work or for any tools, plants, machinery, scaffolding, temporary buildings and other things not intended for the work.

In the event of the contractor having carried out reconstruction as aforesaid, he shall be allowed such extension of time for its completion as is ordered by the Engineer- in- charge, but the contractor will not be entitled to any compensation on this account. Force Majeure: If any time during the continuance of the work, the performance in whole or in party by either party or any obligation under this contract shall be prevented or delayed by any reasons of war, hostility, acts of public enemy, civil commotion, sabotage fires, floods, explosions, epidemics, qurestine, restrictions or other acts of God, strikes and lockouts (herein after referred to as eventualities). Then provided notice of the happening of any such eventually is given by either party to other within 15 days from the date of occurrence thereof neither party shall by reason of such eventually be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such performance or delay performance and construction work in account of the above mentioned eventualities shall be prevented from fulfilling their contractual

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obligation, by a state of force majeure lasting continuously for a period of at least six months, both the parties should consult each other regarding the further implementation of the contract, provided always that if no mutually agreed agreement is arrived at within a period of one month from the expiry of 6 months referred to above, the contract shall be deemed to have expired at the end of the said six months referred to above. The above mentioned expiry of contract will imply that both the parties have obligation to reach an agreement regarding winding up & financial settlement of contract.

Clause-13 Public liability & property damage insurance

The contractor shall take out, pay all costs and maintain throughout the period of this contract public liability and property damage liability insurance with the following coverages:

i) Public liability limits for bodily injured or death not less than Rs.1,00,000/- for one person and Rs.2,00,000/- for each accident.

ii) Property liability limit for each accident not less than Rs.1, 00,000/-

The Engineer- in- charge shall have the right at any time to require public liability insurance and property damage liability insurance greater than those specified in sub-sections (i) and (ii) above. In any such event the additional premiums payable solely as the result of such increase in insurance shall be added to the contract sum.

In addition, the contractor is fully responsible for all equipments and material for damage or loss from any cause whatsoever until his complete work is formally accepted. This clause governs not withstanding the part payment which may be advance to the contractor from time to time. As such it is recommended (but not mandatory) that the contractor obtains insurance for his work upto the time the work is formally accepted by the Engineer- in- charge. In case the contractor does not obtain the insurance, he is allowed to dispense with taking the policy to protect against risks in respect of fire, theft, burglar, earthquake, tempest, flood, civil war in respect of the works to be constructed under the agreement and the contractor shall indemnify HPGCL against any loss that might arise in respect of the works under the agreement on account of any risk mentioned above and give an indemnify bond which shall be valid and binding upon him till the works are completed and handed over under satisfactory conditions to HPGCL by him.

The contractor shall submit all policies for insurance to the Engineer- in- charge for approval prior for executing such insurance and starting his work on the site.

Clause -14 Electricity

Electricity shall be given to the contractor free of cost at one point only.

Clause-15 Water

Water shall be given to the contractor free of cost at one point only.

Clause -16 Care of finished work protection from weather

The contractor shall effectively protect the work from action of weather and from injury or defacement and shall cover finished parts where required for their through protection. Face work shall be left perfectly clean and free from defects.

The contractor shall be responsible for protection work which has been completed by other contractor. Heavy planking shall be used when moving any equipment over finished work. Metal roller shall not be permitted.

The contractor shall continuously maintain adequate protection of all his work from damage and shall protect adjacent properly from injury or loss in connection with the contract operations. The contractor shall provide all passage ways, guard fences, lights and other facilities for protection required by public authorities or local conditions.

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TECHNICAL SPECIFICATIONS

Clause-17 Standards

The work shall be carried out as per detailed PWD specifications and where the specifications are inadequate in the opinion of the Engineer- in- charge the work shall be carried out as per C.P.W.D specifications (with latest additions). For items of work which are not available in the C.P.W.D specifications, they shall be carried out in accordance with the latest bureau of Indian Standards Codes except where otherwise specified in the description of items given in the schedule quantities. All works must be in accordance with or equal or superior to the above referred specifications. The decisions of the Engineer- in- charge in this respect shall be final.

Clause-18 Drawings, specifications, correspondence etc.

The contractor shall be deemed to have examined the general conditions of contract, specifications and drawings etc and also have satisfied himself as to the nature and character of work to be executed and where necessary of the site conditions and other relevant matters and details. Any information thus had or otherwise obtained from the Engineer- in- charge shall not in any way relieve the contract from his responsibility for supplying all materials and executing work in terms of contract including all details and incidental work and supply of all accessories or apparatus which may not have been specifically mentioned in the contract but necessary for ensuring complete erection and safe and efficient working. If he shall have any doubt as to the meaning of a portion of the contract, he shall before signing it set forth the particulars thereof and submit them to the Engineer- in- charge in writing in order that such doubt may be removed.

a) After assigning the contract the contractor will be given free of charge three copies of all contract drawings and revisions thereto and two complete sets of specifications. The contractor shall pay for any additional copies he requires.

b) Such further drawings or explanations as the Engineer- in- charge may furnish to the contractor to illustrate the work to be done will form a part of the contract documents and the contractor shall confirms thereto.

c) All drawings and specifications being instruments of service are the property of the Engineer- in- charge and shall be returned to him when work is complete.

d) Figured dimensions shall be followed in preference to scale and detailed drawings in preference to general layout drawings. The contractor shall verify all dimensions in the field before any work is completed.

e) All instructions and order given by the Engineer- in- charge are to be maintained in the site instructions book and will be taken to have been conveyed to the contractor for his compliance.

Interpretations

a) Decisions by the Engineer- in- charge shall be final and conclusive. Any dispute regarding the true intent and meaning of drawing and specifications shall be referred to the Engineer- in- charge whose decisions as to its true meaning shall be final.

b) The contractor shall study and compare the drawings, specifications and other instructions given to him by the Engineer- in- charge and shall report in writing to the Engineer- in- charge any discrepancies, inconsistencies or omissions of statements regarding materials and methods of constructions which he noted.

c) Verbal instructions or information purported to have come from the Engineer- in- charge‟s office will not be recognized by him unless confirmed in writing. This also applies to information given while estimating and after the contract is awarded.

d) The drawings and specifications are intended to coordinate between themselves so that any item set forth in either shall be recognized as if fully set forth in both.

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Correspondence

All correspondence regarding design, engineering, equipment layout etc shall be sent in quadruplicate to the Engineer- in- charge for proper distribution purposes.

Addendum

Details regarding distribution of letters, drawings and fabrication, reports and operating instructions may be modified at a later date.

Clause-19 Alterations to specifications and designs

The Engineer- in- charge shall have the power to make minor alterations and omissions and additions to or substitutions that may appear to him to be necessary during process of the work and the contractor shall carry out the work in accordance with any instructions which may be given to him in writing signed by the Engineer- in- charge and such alterations omissions additions or substitutions shall not invalidate the contractor and any altered added or substituted work which the contractor may be directed to do in the same manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which the contractor had agreed to do the main work. The time for the completion of the work shall be extended in proportion of the altered added or substituted work to the original work and the certificate of the Engineer- in- charge shall be conclusive as to such proportion. The rates for such additional altered or substituted work under this clause shall be worked out in accordance with the following provisions in their respective order:- i) If the rates for additional, altered or substituted work are specified in the contract for the main

work, the contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the contract for the main wok.

ii) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived by the Engineer-in-Charge from the rates for a similar class of work as are specified in the contract for the main work. This shall be binding on the contractor.

In the event there is no similar class of work specified in the contract or as stated in clause (ii) above, the contractor shall work out a rate for each item on the basis of the prevalent market rates and submit the same together with detailed analysis of the same to the Engineer-in-Charge within a period of 7 days.

The Engineer-in-Charge shall within a fortnight thereafter conduct necessary negotiations with the contractor to arrive at a mutually agreeable rate, in the event he does not agree to the rate as furnished by the contractor. The Engineer-in-Charge, however, reserves to himself the right to cancel his order to carry out such work and arrange to carry out in such manner as he may consider advisable.

Clause-20 Action where no specifications.

In case of any class of work for which there is no specification as is mentioned in Clause 17, such work shall be carried out in accordance with the directions to be furnished by the Engineer-in-Charge. No extra claims on account of the absence of such specification from the original tender documents shall be entertained.

Clause-21 Inspection and Tests

a) Inspection

Work under these tender documents shall be subject to the approval of the Engineer-in-Charge who shall determine the amount, quality, acceptability and fitness of the several kinds of works and materials which may arise as to the measurement of quantities and the fulfillment of the technical requirement of the tender documents.

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The Engineer-in-Charge, his assistants and agents of the consultants shall at all times have access to all places where work is being done or where material are being prepared for use under this contract and they shall have full and safe facilities for the unrestricted inspection or such materials and work. The contractor shall furnish any aid or assistance required for proper inspection & examination of work.

b) Tests

Physical and chemical tests at the cost of the contractor may be required by the Engineer- in- charge of the materials specified herein or proposed to be used in the work. The requirements to be met and the manner of testing shall herein after mentioned or as may be prescribed or approved by the Engineer- in- charge.

The Engineer- in- charge reserves the right to wave any of the above test requirements and to prescribe new test requirements if found necessary to expedite the work and confirm to the best and latest practice as may be shown by the standards prescribed by trade organizations, manufacturers or engineering societies. The expenses of such test will be born by the contractor unless specified otherwise.

The cost of concrete cubes/ cylinders, mortar briquettes and all materials, moulds and tools required for taking test samples as and when required by the Engineer- in- charge will be born by the contractor. The contractor shall furnish to the Engineer- in- charge for approval, as required by the specifications, adequate samples of the above materials and furnishes to be used in the work. Such samples shall be submitted before the work is commenced and in ample time to permit tests and examination thereof. All materials finally supplied shall be fully equal to the approved samples. Samples of hardware, equipment and similar materials will be returned to the contractor for incorporation into the work. The contractor shall also furnish samples for tests other than those indicated in the specifications, if in the opinion of the Engineer- in- charge such tests are necessary for confirming to the required standards.

Clause-22 Cleanliness and rubbish

The contractor shall from time to time remove all rubbish resulting from the execution of his work. Adjacent streets, drive ways and other areas shall be kept unobstructed at all times, the resulting rubbish shall be dumped in the areas indicated by the Engineer- in- charge or removed by the contractor as per instructions that may be issued by the Engineer- in- charge. In case contractor does not keep the area clean and if found necessary to get the area cleaned the Engineer- in- charge will issue a notice of 48 hours and get the area cleaned by some other agency. The cost of such cleaning shall however be born by the contractor. In case of rubbish accumulating due to deposition by more than one contractor the share of charges to be born by the contractor as indicated by the Engineer- in- charge shall be final.

DIRECTIONS FOR EXECUTION OF WORK Clause-23 Work to be executed in accordance with specifications, drawings, orders etc.

The contractor shall execute the whole and every part of the work in the most substantial way and in a manner showing high standard of workmanship both as regards materials used and labour employed. The contractor shall also confirm exactly, full and faithfully t the designs, drawings and instructions in writing in respect of the work furnished by the Engineer- in- charge.

Clause-24 Power to reject sub-standard work

The Engineer- in- charge shall have full powers to reject and require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the Engineer- in- charge is at liberty to employ other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such material. In case

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of default, the Engineer shall also have full powers to acquire and supply proper materials to be substituted thereof and costs which may attend such removal and substitution are to be borne by the contractor.

Clause-25 Dismantled material

The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work etc as a corporation‟s property and such materials shall be disposed off to the best advantage of the corporation according to the instructions in writing issued by the Engineer- in- charge.

Clause-26 Schedule and Progress

The contractor shall furnish the Engineer- in- charge within two weeks after the award of the contractor a schedule showing when he will commence and complete the different portions of the work according to various sections of the specifications.

MONTLY PROGRESS REPORT UPON AWARD OF CONTRACT

(a) The contractor will indicate the construction progress which has been made during the previous month duly verified by the Engineer‟s field representative.

(b) The contractor shall also submit along with the above anticipated progress schedule for the next month.

Clause-27 Extra work shifts

Night work shall be permitted upon the written approval of the Engineer- in- charge provided that sufficient notice is given by the contractor where the exigencies of the work so warrants. The Engineer- in- charge may also direct the contractor to work extra shifts on holidays and in overtime to ensure completion of contract on schedule.

Clause-28 Work to be open to inspection

All work under or in course of execution or executed in presence of the contract shall at all time be open to the inspection and supervision of the Engineer- in- charge and his authorized representative and the contractor shall at all time during usual working hours and at all other time with reasonable notice of the intention of the w in Charge or his representative to visit the works shall have been given to the contractor, either himself be present to receive orders and instructions or have responsible agent duly accredited in writing to be present for that purpose.

Clause-29 Work to be executed under the direction of Engineer- in- charge

All the work shall be executed under the direction and subject to approval in all respects of the Engineer- in- charge who shall be entitled to direct at what points and in what manner they should commence and from time to time be carried on.

Clause-29A Notice to be given before the work is covered up

The contractor shall give not less than seven days notice in writing to the Engineer-in-Charge before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimension thereof be taken before the same is covered up or placed beyond the reach of measurement. The Engineer-in-Charge shall within the aforesaid period of seven days get work inspected and measured. If any work shall be covered or placed beyond the reach of measurement without such notice having been given or Engineer-in-Charge‟s consent being obtained, the same shall be uncovered at the contractor‟s expense or in default thereof no payment or allowance shall be made for such work or material with which the same was executed.

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Clause-30 Mutual Co-Operation of Contractors

The contractor shall arrange his schedule of work and method of operation to minimize inconvenience to other contractors in the project. In all matters of conflicts or interest the Engineer-in-Charge shall direct which compromise should be made.

Clause-31 Appointment of Technical Staff by Contractors

The contractor shall employ technical staff during the executions of the work having sufficient experience. The contractor is also required to supply all supervisory personnel necessary to complete his work in strict accordance with the applicable drawings and specifications and within the scheduled completion date for his work.

Clause-32 Contractor to preserve peace.

The contractor shall at all times during the progress of work take all requisite precautions and use his best endeavour to prevent any riotous or unlawful behavior by or amongst the works and other employed on the works and for the preservation of peace and protection of inhabitants and the security of properly in the neighborhood of works. He shall also pay the charges of special police if any that may be deployed for maintenance of peace and law and order at the discretion of the Engineer-in-Charge.

LABOUR

Clause-33 Fair Wages clause Payment of wages to labour.

The contractor shall pay not less than fair wages to labours engaged by him on the work.

Explanation

a) Fair wages means whether for time of piece work notified at the time of inviting tenders for the work and where such wages have not been so notified, the wages prescribed by the competent authority under the minimum wages act for the district in which the work is done. It will be notified in consultation with the officers of the Industrial Relation Machinery located in the respective area and will not be less than the minimum rates of wages fixed by the local Central Government for the class of employees engaged on the type of work in the same area.

b) The contractor shall notwithstanding the provisions of any contract to the contrary cause to be paid fair wages to labours indirectly engaged on the work including any labour engaged by the sub contractor in connection with the said work as if the labours had been immediately employed by him.

c) In respect of all directly or indirectly employed in the works for performance of the contractor‟s part of this agreement, the contractor shall employ with or cause to be complied with the contractor‟s labour regulation made by local/ central Government from time to time in regard to payment of wages, wage period deductions from wages, recovery of wages not paid and deductions unauthorizedly made maintenance of wages books, wages slips, publication of scale of wages and other terms of employment inspection and submission of periodical return and all other matters of alike nature.

d) The Engineer-in-Charge or the officer concerned shall have the right to deduct from the money due to the contractor any sum required or estimated to be required for making good the loss suffered by a workers or workers by reasons of non-fulfillment of conditions of contract for the benefit of the workers, non-payment of wages or of deductions made by him from their wages which are not justified by the terms of the contract or on observance of the regulations.

e) Under the provisions of the minimum wages (central) rules, 1980 the contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed in the work one day rest for six days continuous work and pay wages at the same rate as for duty in the event of default, the Engineer-in-Charge of sub divisional officer shall have the right to deduct the sum not paid

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on account of wages for weekly holiday to any labourer, and pay the same of the persons entitled thereto from the Executive Engineer concerned.

f) Vis-à-vis the Haryana Power Generation Corporation Ltd. and the contractor shall be primarily liable to all payment to be made under and or the observances of the regulations aforesaid without prejudice to his right to claim indemnity from his sub contractors.

g) The regulations aforesaid shall be deemed to be part of this contract and any breach thereof shall deemed to be breach of this contract.

Clause-34 Compensation of workers

In very case in which by virtue of the provisions of section 12 sub-section (i) of the workmen‟s compensation act, 1923, the corporation is obliged to pay compensation to a workman employed by the contractor in the execution of the works the Corporation will recover from the contractor the amount of the compensation so paid with prejudice to the rights of the Corporation under section-12, sub section (2) of the said act, the Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Corporation shall not be bound to contest any claim made against it under section 12 sub section (i) of the said act, except on the written request of he contractor and upon his giving to the Corporation fully security for all costs for which the Corporation might become liable in consequence of contesting such claims.

Clause-35 Safety arrangement for labour

In respect of all labour directly or indirectly employed in the work for the performance of the contractor‟s part of his agreement the contractor shall at his own expense arrange for the safety provisions. In case the contractor fails to make arrangements and provide necessary facilities, he shall be liable to pay a penalty of Rs.100/- for each default and in addition the Engineer-in-Charge shall be at liberty to make arrangements and provide facilities as aforesaid and recover the costs incurred in this behalf from the contractor.

Clause-36 Bills to be submitted monthly

A bill shall be submitted by the Contractor each month on or before the date fixed by the Engineer-in-Charge for all works executed in the previous month and the Engineer-in-Charge shall take cause to be taken the requisite measurement for the purpose of having the same verified, and all the claim as far as possible adjusted before the expiry of ten days from the presentation of the bill. If contractor does not submit the bill within the time fixed as aforesaid the Engineer-in-Charge may depute within seven days of the date fixed as aforesaid a subordinate to measure up the said work in the presence of the contractor whose counter signatures to the measurement list will be sufficient warrant and the Engineer-in-charge may prepare a bill for such list.

Clause-37 Bills to be printed forms.

The contractor shall submit all bills on the printed forms at the office of the Engineer-in-Charge and the changes in the bills shall always be entered and rate specified in the tender (unit) price list or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates therein after provided for such work.

Clause-38 Payment of contractor’s bills.

Payment due to the contractor shall be made by crossed cheque; such cheque shall be issued to the contractor on furnishing a stamped receipt for the amount of the cheque or to his authorized representative who has a power of attorney conferring authority of the contractor to receive such payment form the Engineer-in-Charge.

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Clause-39 Recovery of Corporation’s dues.

i) Whenever any claim against the contractor for payment of a sum or money arises out of or under the contract. HPGCL shall be entitled to recover such sum by appropriating, in part or whole, the security deposit of the contractor, in the event of the security deposit being insufficient, the balance or the total sum recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with the Corporation. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to the Corporation on demand the balance remaining due. Similarly any sums due to the Corporation from the contractor on account of any other contract shall be recoverable from any sums due to the contractor under this contract.

ii) The Corporation shall have the right to cause an audit technical examination of the works and the final bills of the contractor including all supporting vouchers, abstract, etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been over paid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall liable to refund the amount or over payment and it shall be lawful for the Corporation to recover the same from him in the manner prescribed in sub clause (i) of this clause or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under the contract in shall be duly paid the Corporation to the contractor.

Clause-40 Appropriation of dues.

Any sum of money due and payable to the contractor including security deposit refundable to him under this contact and set off against any claim of the Corporation may be appropriated by it for the payment of such money arising out of or under any contact made by the contractor with the Corporation.

Clause-41 Sales and other taxes

a) Sales tax/octroi or any other tax in respect of this contract shall be payable by the contractor and the Corporation shall not entertain any claim whatsoever in any respect.

b) If pursuant to or under any law, rules, notification or orders, any royally, cess fee or the like is paid by the Corporation to the State Government/ Local authorities in respect to this contract, it shall be lawful for the Corporation and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from the dues of the contractor.

Clause-42 Permits, Fees and Taxes

The contractor shall include in the tender price all tax properly applicable to his preparation. The contractor shall obtain and pay for all permits, licenses or other privileges necessary to complete the work, certificates of which shall be delivered to the Engineer-in-Charge, and will become the properly of the Engineer-in-Charge except the import licenses for imported material required and permits for controlled items will be obtained by the Engineer-in-Charge the requisition for which should be furnished to the Engineer-in-Charge well in advance.

Clause-43 Income Tax, Work Contract Tax and worker’s welfare cess

The income tax, Work Contract Tax and worker‟s welfare cess as applicable from time to time shall be deducted at source from the bills.

Clause-44 EPF

The contractor will deduct and deposit EPF of his labour staff/ worker as applicable from time to time in his own EPF A/c code and then produce a photocopy of documentary evidence of EPF Challan with each R.A. Bill for the concerned period.

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Clause-45 Public Liability Cover

The contractor is liable for the Public liability cover/ group insurance for the labour/worker.

Clause-46 ESI

The contractor will deposit ESI Charges and will produce ESI Challan.

Clause-47 Service Tax No.

The contactor shall have service tax no. and service tax shall be paid extra but will be reimbursed after production of documentary proof of deposit of service tax.

GENERAL

Clause-48 Determination and termination of contract

The Engineer-in-Charge may without prejudice of his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damages in respect of breaches of the contract and without prejudice to any rights or remedies under any of the provision of this contract or otherwise and weather the date for completion has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases:

i) If the contractor having been given by the Engineer-in-charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or unworkman like manner shall obey to comply with the requirements of such notice for a period of seven days or suspend the execution of the work so that either in judgment of the Engineer-in-Charge (which shall be final and binding) he will be unable to secure completion or he has already failed to complete the work by that date.

ii) If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or creditor to appoint to receiver or manager or which entitled the court to make a winding up order.

iii) If the contractor commits breach of any of the terms & conditions of this contract.

iv) If the contractor has made himself liable for action under any of the case aforesaid, the Engineer-in-Charge on behalf of the Corporation shall have powers:

a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Engineer-in-Charge shall be conclusive evidence). Upon such determination or rescission the security deposit of the contractor available within the corporation at such time shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation.

b) To employ labour paid by the DCRTPP thermal project Authorities and to supply material to carry out the works for any part of the work debiting the contractor of the materials of the amount of which cost and price certified by the Engineer-in-Charge shall be final and conclusive against the contractor and crediting him with the value of the work done in all respects as if it had been carried out by the contractor under the terms of his contract. The certificate of the Engineer-in-Charge as the value of the work done shall be final and conclusive against the contractor provided always that action under the sub-clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expense incurred by the Corporation are less than the amount payable to the contractor at his agreement rates, the difference shall not be paid to the contractor, in such an event, the security deposit of the contractor available with the Corporation at that the time shall be absolutely at the disposal of the Corporation.

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c) After giving 15 days notice to the contractor to measure up the work of the contractor and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete in which case any expense which may be incurred in excess of such which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which excess certificate in writing of the Engineer-in-Charge shall be final and conclusive) shall be born and paid by the original contractor and may be deducted from any money due to him by the Corporation under this contract or any other account whatsoever or from his security deposit on the proceeds of the contractor available with the Corporation at that time, shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation.

d) In the event of any one or more of the above cases, being adopted by the Engineer-in-Charge the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advances on account of and with a view to the execution of work of the performance of the contract. And in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work thereto fro actually performed under this contract unless and until the Engineer-in-Charge has certified in writing the performance of such work and the value payable in respect thereof and he shall only entitled to be paid the value so certified.

Clause-49 Change in constitution

Where the contractor is a partnership firm, the previous approval is writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of the firm. Where the contractor is an individual or Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby undertaken by the contractor. If precious approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in contravention of clause 10 hereof and the same action may be taken and the same consequence shall ensure as provided in the said clause 10.

Clause-50 Termination on the death of contractor

Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the Engineer-in-Charge on behalf of the Corporation shall have the option of terminating the contract without compensation to the contractor.

Clause-51 Relatives of contractor in department

No one shall be permitted to tender for the works where any of his near relatives is posted to deal with the day to day duties including passing of bills etc. and who is working in any capacity requiring to give instructions/advice and in particular any officer/ official of the Corporation including the members of the Corporation. Any breach of this condition by any one shall render him liable to be removed from the list of the contractors for the Haryana Power Generation Corporation Ltd., and the work entrusted to him may be terminated thereof without any compensation whatsoever.

Note: By the term near relatives is meant wife/husband, parents and grand parents, children and grand children/brothers and sisters, uncles and cousins and their corresponding-in-laws.

Clause-52 Retired Government servants taking to contract

No engineer of gazetted rank or other gazetted officer employed in engineering or administrative duties in the Engineering Department of the corporation is allowed to work as contractor for a period of two years of his retirement from Corporation‟s service without the previous permission of the corporation. The contract is liable to be cancelled if either the contactor or any of his employees is found at any time to be a person who had not obtained the permission of the Corporation as aforesaid before submission of the tender or engagement in the contractor‟s service as the case may be.

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Clause-53 Contractor’s office, stores, workshop etc.

Subject to availability, the Engineer-in-Charge shall at his discretion and for the duration of the execution of the contract make available at site, free of charge land for construction of contractor‟s field office, workshop, stores, assembling yard etc. required for execution of the contract. Leveling and dressing of site, and construction of temporary roads, offices, workshop etc. as per plan approved by the Engineer-in-Charge shall be done by the contractor at his own cost. The area of land required for constructing field office, stores etc. as per this clause shall be indicated separately in the prescribed form of DCRTPP Thermal Power Project Authorities. The payment of final bill shall not be made until and unless the contractor has handed over the vacant possession of land allotted to him for the above purpose.

Clause-54 Security Rules

The project area will be a protected are. The contractor, their employees and labourers will have to follow the security rules as may be imposed from time to time by the Engineer-in-Charge. If contractors, their employees or labourers are found to be reluctant to follow the rules, Engineer-in-Charge will have the right to prohibit such employees from entering into the project area.

Clause-55 Watching & lighting

The contractor shall provide and maintain at his own cost all lights and watchman where necessary or required by the by the Engineer-in-Charge for the protection of the work or for the safety or convenience of the public or others.

Clause-56 Everything at Contractor’s risk

The contractor shall undertake all risk and liabilities of whatsoever kind arising out of the works including by way of application but not by way of limitation, all risks attended on the nature of the site, the soil, sub soil, the levels and consistency of straia in or on which the works are to be found or constructed. Also all risks of fire, floods, gales or winds, variation of water levels in sub soil, quantities of water to be pumped, discharge of existing water course and rains, traffic delays and other causes, whether in or beyond contractor‟s control, which may affect the works during the construction and all damages which may happen in any way however to the works during their progress shall be made good by the contractor at his own expense.

Clause-57 Site Order Book

The contractor shall maintain the site order book for recording day to day instructions given at site by the Engineer-in-Charge besides keeping a record of weather conditions, staff employed, progress of work etc.

Clause-58 Patent Rights

The contractor shall fully indemnify the Corporation against any action, claim or proceeding relating to infringement of use of any patent or design or any alleged patent of design rights and shall pay any articles or part thereof included in the contract.

In the event of any claim made under or action brought against Haryana Power Generation Corporation Ltd. In respect of any such matter as aforesaid the contractor shall be immediately notified thereof and the contractor shall be a liberty at his own expense to settle any dispute or to conduct any litigation that may arise there from. Provided that the contactor shall not be liable to indemnify the Corporation of the infringement of the patent or design of any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge in this behalf.

Clause-59 Jurisdiction

Irrespective of the place of delivery, the place of performance or place of payment under contract shall be deemed to have been made at the place from which the acceptance of the tender has been issued.

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As such the courts of the Jagadhri from where acceptance of this has been issued shall have jurisdiction to decide any dispute arising out of or in respect of contract.

ARBITRATION

Clause-60 Arbitration

If any question, dispute, difference or objection whatsoever arises in any way connected with or arising out of the instrument or meaning or operation of any part thereof or the rights, duties or liabilities of either party, including the termination of the contractor by either party and correctness thereof, at any stage whatsoever, it shall be referred to the arbitration of the Chairman/Chief Engineer of HPGCL or his nominee not below the rank of a Superintending Engineer subject to the following conditions:

i) That in the first instance, before the matter to arbitration, it shall be referred by the contractor for being settled by the Engineer-in-Charge of the work at the time of such reference in writing. The Engineer-in-charge shall convey his decision or that of the Competent Authority in writing to the contractor within a period of 90 days from such a request in writing by the contractor. The decision given by the Engineer-in-Charge or the competent Authority shall be final and binding upon the contractor except where he moves the Engineer-in-Charge in writing for reference of such a claim or dispute to arbitration within a period of 60 days of his receipt of decision of the Engineer-in-Charge or the Competent Authority in writing. In case the contractor fails to make a writing request within stipulated period, the decision so conveyed to him by the Engineer-in-Charge will be final and will not be a subject matter of arbitration at all. In case the Engineer-in-Charge fails to convey his decision or that of the Competent Authority in writing within a period of ninety days as referred to above, the contractor may make a request to the Chairman within 60 day s of the expiry of the said 90 days to refer the matter to arbitration and the same shall be referred to arbitration in the manner provided hereinafter. The work under the contract shall be stopped and shall continue during the arbitration proceedings.

ii) That reference of dispute or difference referred to above for arbitration to an officer not below the rank of a Superintending Engineer, HPGCL shall be by designation. It will not be a valid objection to any such reference to the arbitration that the arbitrator so appointed is a servant of HPGCL or he had to deal with the matters to which the contract relates or that the said arbitrator has expressed his views on all or any of the matter in dispute.

iii) That in case the arbitrator appointed initially is transferred or dies, his successor in office shall be deemed to be an arbitrator as if he had been appointed initially by the Chairman/ Chief Engineer of HPGCL. In case the arbitrator is unable or unwilling to act as an arbitrator for any reason whatsoever, the Chairman shall be competent to appoint or nominate any other officer not below the rank of a Superintending Engineer as the arbitrator and the arbitrator so appointed shall be competent to proceed with the reference as if he had been appointed as the arbitrate initially.

iv) That no person other than the one appointed by the Chairman HPGCL/ Chief Engineer shall act as an Arbitrator and if for any reason it is not possible to appoint such an arbitrator, the matter shall not be referable to arbitration and the parties shall be at liberty to avail of civil remedy.

v) The arbitrator shall give a reasoned & speaking award in case the total amount allowed to either party against the other in the award exceeds Rs. 25000/-. In case the award is below a total sum of Rs. 25000/-, it shall be upto the arbitrator to give a reasoned or not. The arbitrator shall give his award each claim separately made by either party, whether originally or as a counterclaim.

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vi) That the arbitrator shall hear the claims and counter claims put forward by both the parties notwithstanding that any particular party got the any particular party got the arbitrator appointed. This shall be subject to the provisions of this arbitration clause as a whole.

vii) In case the party invoking the arbitration is the contractor, the reference for arbitration shall be

maintainable only after the contractor furnishes to the satisfaction of Engineer-in-Charge a case security deposit @ 30% of the total amount claimed by him. The sum so deposited by the contractor shall on the termination of the arbitrator proceedings, be adjusted against the cost if any, and any amount awarded against the contractor. The remaining amount shall be refunded to the contractor. The remaining amount shall be refunded to the contractor within one month from the date of the award.

viii) That the stamp fee due on the award shall be payable by the party at the discretion of the arbitration and in the event of such of such party failing to pay the stamp, it shall be recoverable from any sum due to such party under this contract or any other contract.

ix) The venue of the arbitration shall be such place or places as may be fixed by the arbitrator from time to time at his sole discretion.

x) Neither party shall be entitled to bring a claim for arbitration if no move in writing for that purpose to the Chairman/ Chief Engineer has been made within 6 months.

a) Of the date of completion of work as certified by the Engineer-in-Charge or

b) Of the date of abandonment of the work or

c) Of its non commencement within 6 months from the date or abandonment or written order by the Engineer-in-Charge or his representative to commence the work as applicable or

d) Of the completion of the work through any alternative agency or means after withdrawal of work from contractor as a whole or in part and/or recession, or

e) Of receiving any information from the Engineer-in-charge that final payment due to or recovery from the contractor has been determined.

Whichever of (a) to (e) above is the latest I the matter of time.

If the matter is not referred to the arbitration within the period prescribed above, all the rights and claims of the parties against each, under the contract shall be deemed to have been forfeited or satisfied and barred by limitation.

xi) That the pendency of arbitration proceeding shall be dis-entitle the HPGCL or the Competent Authority to determine the Contract and make alternative arrangements for completion of work. This shall be subject to the liabilities of the parties towards each other under this contract.

xii) The arbitration shall be deemed to have entered the reference on the day fixed by the arbitrator for the appearance of the parties from the first time. The time for making and publishing the award by the arbitrator may be extended from time to time with the mutual written consent of the party.

xiii) Subject to the stipulation made in this clause, the arbitration proceeding shall be conducted in accordance with the provision of the Arbitration Act, 1996.

Note: Competent Authority means HPGCL, Full Time Members or Thermal Standing Committee, Hydel Standing Committee or Thermal Purchase Committee or Hydel Purchase Committee or Chief Engineer- in- charge according to financial implication involved and the competency under delegation of powers. Engineer-in-Charge means the Executive Engineer or the Chief Engineer or the engineer under whom the work is executed.

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IMPLEMENTATION OF LABOUR LAWS BY THE CONTRACTOR

Clause-61 Registration of Establishment (DCRTPP) & obtaining the Labour License Renewal

The Registration of DCR Thermal Power Plant with the list of working Contractors is required under Section-7 of Contract Labour Act, 1970. the name of working Contractor must be on the list of Contractors otherwise he (Contractor) will not get Labour License/ Renewal from the Labour Department, Haryana Govt. So as and when the work is awarded to the contractor other then included in the list of contactors attached with the Registration of DCR Thermal Power Station, the contractor will be ensure that his name on the prescribed Performa is intimated to the Centralized Agency by the officer in- charge of the work for getting his name including in the said list.

Further after the needful, the contractor will be under obligation to obtain labour license/ its renewal under section 12 of ibid Act from the Labour Department. Haryana Govt. by completing the requisite formalities.

Clause-62 Payment of wages to the workers deployed on the work Under Section 63 to 73 of Contract Labour Act-1970

The contractor will be bound to pay wages to the workers deployed by him on the work as per minimum wages fixed by the Labour Department, Haryana Govt., Chandigarh and follow revision from time to time. He will display on the notice Board of his site office, the date of making monthly wages payment which should be on or before 7th of every month. The payment shall be made in currency & coins in the presence of authorized representative of the Principal Employer/official from the Labour Department, Haryana Govt. In case of default, the contractor will be liable for prosecution under the ibid Act.

Clause-63 Maintaining the Registers and records Under Section – 74 to 78 (a to d) of Contact Labour Act – 1970.

The contractor shall maintain necessary records under the provisions of ibid Act viz. Register of workman employed (Section – 75), Issuing of Employment Cards (Section 76), Service Certificate (Section 77), Register of deduction, Register of advance, Register of fines, Issuing of Wages Slips, etc., the same shall be made available with the site incharge of the work or authorized representative of the contractor for checking/ inspection as and when required by the officer in-charge of production of the above Registers/ forms, under Section 23-24 of the ibid Act will be treated as offence and contractor will be liable for prosecutions by the Labour Department, Govt. of Haryana.

Clause-64 Age limit of the workers.

No labour below the prescribed limit of age i.e. 18 years and above 60 years shall be employed by the contractor on his allotted works.

Clause-65 Compliance of various Labour Acts.

The contractor shall abide by all the labour laws required to be followed and he shall furnish an undertaking on NJSP of appropriate value duly attested by the Notary Public to the effect that he will comply with al the Acts, laws and Regulations as may be applicable with regard to performance of work including Factory Act – 1948, Industrial Dispute Act – 1947, Employees State Insurance Act – 1948, Employee Provident Fund Act – 1952, Payment of Wages Act – 1936, Minimum wages Act – 1948, Contract Labour Act (R & A, 1970) Workmen compensation Act – 1923 and other rules and regulation as framed by the Central/ State Govt. in this regard from time to time.

B) The contractor shall also specify in the above undertaking that all the labour/ employees of the contractors for all intents and purposes and shall have no claim/ right on the HPGCL. All the risks, responsibilities and liabilities towards his labour shall be owned by him. The contractor will take such steps as may be directly responsible for any dispute arising between him and his labour/ workmen and keep the HPGCL and its officers indemnified from and against all losses, damages

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and any claim/ liability arising there from. Under no circumstances whatsoever, HPGCL would be held responsible in respect of contractor‟s workers. In case any expenditure is incurred by HPGCL as a result of certain due on the part of the contractor‟s labour or otherwise, the HPGCL is entitled to recover such dues/compensation from the contractor‟s pending payments bills or through court of law.

C) Besides the above, the contractor shall obtain an affidavit on the NJSP value duly signed and witnessed by him under his seal and duly attested by the Notary Public from his each and every individual worker/ employee that they will not claim any employment in HPGCL, in lieu of services renders by them to the contactor namely M/s_________________________________________ against Work Order No. ________________________ dated ______________ and all the disputes. Whatsoever and of any nature, will be settled by their contactor who has engaged them. These affidavits along with his own undertaking as per para –A&B above, shall be submitted by the contractor to the Officer-in-Charge (for ARC/AMC).

Clause-66 Deposit of EPF contribution of the workers along with Employer Share.

It is statutory obligation for the contractor to deduct EPF contribution for the employee drawing wages up to Rs.10000/- per month. The rate of deduction i.e. 12% on the minimum wages fixed of the labour by the Govt. or actual wages drawing (i.e. basic pay + DA + cash value of food concession + leave encashment) and deposit the same with his share @ 12% (8.33% in pension fund & 3.67% in employees contribution) and deposited the same with the EPF Department with 1.61% administrative charges in their allotted EPF code upto 15th of due month failing which interest and damages will be charged. Copy of the deposit challan for 25.61% as mentioned above shall be submitted alongwith running bills in the office officer in charge of the work by the contractor. The monthly return on R-1 form by mentioning the social security No. of each worker which may be obtained from EPF Department shall also be submitted in the office of Regional Commissioner and copy of the same shall be submitted to the officer in-charge of the work/ Account Branch. The contractor possessing the EPF code of out of State of Haryana where R-1 form is not applicable/ introduced, they will supply the Form 3A, 6A, 12A, 5, 10 as applicable in that State by the EPF Department. It is responsibility of the contractor to make the inspection of record of deposit of EPF contribution of their labour from the EPF Department and copy of the same will be submitted to the officer in-charge of work/ Accounts Branch. The contractors having out of state EPF code will also get their record inspected from Local EPF office

Clause-67 Deposit of ESI Contribution of the workers along with Employer Share.

It is statutory requirement for the contractor under ESI Act, 1948 that the workers drawing gross wages up to Rs.15000/- 1.75% contribution is deducted from the wages of such worker and deposit along with Employer share of 4.75% i.e. total 6.5% with the authorized bank/ branches of ESI Department by the contractor to cover their workers under ESI scheme upto 21st of due month, otherwise, interest and damage will be charged on deposit of delayed payment. The contractor will get their ESI code.

It is also responsibility of contractor to get the facilities as provided under ESI scheme, extended to their workers viz, insurance of ESI Cards, filing the Returns on prescribed Form – 6 on due dates i.e. 12 May, 11 November, every year in local ESI office, otherwise he will be prosecuted by the ESI Department as provided in the ibid Act. In case of non insurance of ESI Cards, workers will not get medical facilities/pension benefits to widow which are provided by ESI Deptt. & contractors will be responsible for consequences.

Clause-68 Deposit of Labour Welfare Fund along with Employer share.

In pursuance of Haryana Govt. Labour Department Gazette Notification dated 4th April, 2007, the contractors are required to deduct Labour Welfare Fund @ Rs.5 from each worker and deposit the same with Employer‟s share @ Rs.10/- per worker (total Rs.15/- each worker) with the Welfare Commissioner, Haryana, Chandigarh in shape of Demand Draft in their favour along with list of workers for whom the same is being deposited. The copy of proof in this respect shall be submitted along with bills to officer-in-Charge/ Account Branch.

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Price Bid (Part-II)

S. No.

Description of Item Ref. of HSR

Unit Qty Rate Amount (in Rs.)

1 Providing and laying 3 coats of PRODOLAC S/R followed by 12 mm thick coromastic followed by 20 mm thick AR tiles set in 6 mm bed mortar of cement prodor SK (joint with 6 mm). Raking out the joint to 20 mm in depthy and painting with raisin cement CSNL over the floor drain i/c labour, material etc. complete as per technical specifications i/c preparation of base removal of debries, plastering of surface as per site requirement etc. as per direction of Engineer-in-Charge. (60% of total area i.e.262x 60%)

AOR Sqm.

157.20

2 Providing and laying 3 coats of PRODOLAC S/R followed by 12 mm thick coromastic followed by 20 mm thick AR tiles set in 6 mm bed mortar of cement prodor SK (joint with 6 mm). Raking out the joint to 20 mm in depth and painting with raisin cement CSNL over the floor drain i/c labour, material etc. complete as per technical specifications i/c preparation of base removal of debris, plastering of surface as per site requirement etc. as per direction of Engineer-in-Charge. (Note: AR Tiles shall be given by Deptt. free of cost.) 40% of total area i.e. 40% of 262.00sqm.

AOR Sqm.

104.80

3 Dismantling of old AR tiles, AR Lining and cleaning the usable tiles & stacking i/c

AOR Sqm.

262.00

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removal of disposed of malba within a lead of 2 Km. in the plant area.

4 Treatment with caustic soda to neutralize the effect of acid penetrated in concrete and plaster surface.

AOR Sqm.

262.00

5 Providing 10mm thick cement plaster 1:3 on floor

HSR 15.2

Sqm.

262.00

6 Cement Concrete 1:2:4 for damaged and submerged area.

HSR 10.41

Cum 5.00

Signature of Contractor