Professional Documents
Culture Documents
".-.,
Dear Sir/Madam,
GAIL (India) Ltd. invites you to submit your offer in sealed envelope superscribing RFQ No. & Due date for the
following services in complete accordance with enquiry documents/attachments:
Earnest Money:
-- AS PER ENCLOSED INSTRUCTION TO BIDDERS
Instruction to Bidders:
AS PER ENCLOSED INSTRUCTION TO BIDDERS
Delivery/Completion Scheduele :
AS PER CLAUSE NO 4.0 OF SCC ENCLOSED
Terms of Payment:
AS PER CLAUSE NO 5.0 OF SCC ENCLOSED
:\l
RFQ No.: GAl LlUS/08/WO16/3300026761/FL-64/08-09
Dated: 20.09.2008
Bids complete in all respects should reach office ofIncharge (C&P), GAIL (India) Ltd., at the above address
on or before 14.00 ills of the scheduled date. Bids received after the due date and time are liable to be rejected.
.~ GAIL reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning
any reason whatsoever.
Thanking You,
Yours truly,
For & on behalf of
GAIL (India) Ltd.
(Authorised Signatorb')
Ashok M Sbh,d
Dy.M8nager ~)
GAIL (India) Ud
LPG Recovery P'«~t. Usar
Alib8g Dist- Riiiligd
- (Mahar.shtra)
:If:
Tender No.: US/08/WOI6
'"
SCHEDULE OF RATES
Out. lev.
Item No. Service Description Qty. UOM Rate Amount
BIDDER TO QUOTE FOR ALL S.O.R. ITEMS FAILING WHICH BID SHALL
BE REJECTED.
.I::. ~~
INSTRUCTION TO BIDDERS
As a part of its bid the bidders shall submit Earnest Money
Deposits (EMD) amounting to Rs. 56000/-(Rupees Fifty Six
Thousand only) in the form of Banker's Cheque (from a bank
situated/located in Alibag in favour of GAIL (India) Ltd.,
payable at SBI Alibag only) or Demand Draft [in favour of GAIL
(India) Ltd., payable at SBI,Alibag Only] or Bank Guarantee
strictly as per format attached with this RFQ and in line with
instructions contained here-in-after in this RFQ/Bid Document.
Both Inner (all three) and outer envelopes shall also bear
bidder's name and address of bidder along with contact
telephone nos., fax nos., e-mail ID, if any.
39) In case a bidder, to whom this RFQ has been issued by GAIL,
is not interested to participate in the bidding process for any
reasons whatsoever, such a bidder is requested to return copy of
bid document along with 'REGRET LETTER' specifying its intent of
'NOT QUOTING' against the RFQ with reasons of such an action, if
any, within the specified BID DUE DATE & TIME.
If you are a micro / small enterprise and have filed a
memorandum with the specified authority, please confirm the
following:
1.0 INTRODUCTION :
1.1.0 The Special Condition of Contract shall be read in conjunction with the General Conditions
of Contract, Schedule of rates, specifications, drawings and any other documents forming
part of contract, wherever the context so requires. Notwithstanding the sub-division of
the documents into these separate sections and volumes, every part of each shall be
deemed to be supplementary to and complementary of every other part and shall be read
with and into the CONTRACT so far as it may be practicable to do so.
1.2.0 Where any portion of the General Condition of Contract is repugnant to or at variance
with any provisions of the Special Conditions of Contract, unless a different intention
appears, the provisions of the Special Conditions of Contract shall be deemed to over-ride
the provisions of the General Conditions of Contract and shall to the extent of such
repugnancy, or variations, prevail.
1.3.0 Wherever it is mentioned in the specifications that the CONTRACTOR shall perform
certain WORK or provide certain facilities, it is understood that the CONTRACTOR shall do
so at his cost and the VALUE OF CONTRACT shall be deemed to have included cost of
such performance and provisions, so mentioned.
1.4.0 The materials, design, and workmanship shall satisfy the relevant INDIAN STANDARDS,
the JOB SPECIFICATIONS contained herein and CODES referred to. Where the job
specification stipulate requirements in addition to those contained in the standard codes
and specifications, these additional requirements shall also be satisfied.
1.5.0 The intending bidder shall be deemed to have visited the site. Non-familiarity
with site and process industry conditions and unawareness of General
Condition of contract will not be considered a reason either for extra claim or
for not carrying out work in strict conformity with drawings, specifications or
any other terms and conditions of the tender.
2.1 Scope of work shall in broad include the Statutory Inspection and certification of 3 Nos. of
mounded storage tanks under rule 19 of static & Mobile pressure, vessel (unfired) rules
1981.
2.2 The scope of work shall also comprise of complete calibration as per relevant IS standard
(IS 2827, IS 2166, IS 2009, IS 2168) of 3 Nos. of LPG Mounded Storage tanks (Details of
Mounded Storage Tanks is attached at Annexure-C).
2.3 The detailed scope of works shall be as per Annexure-A attached with this document.
2.4.1 The contractor shall have Certificate of Competency issued by Chief controller of
Explosives ( CCOE ) Nagpur as per the rule 19 of Static & Mobile Pressure Vessels (
Unfired ) rules 1981 for carrying out statutory inspection. The certificate shall be valid for
the entire period of contract and copy of which shall be submitted to EIC from time to
time. In case the validity of the Certificate of Competency expires during the tenure of the
contract, the contractor will have to revalidate the certificate and submit the same to EIC
/ GAIL.
2.4.2 A ] The contractor shall also have valid license issued by Department of Legal Metrology,
Govt. of Maharastra for carrying out calibration / stamping jobs. The license shall be valid
for the entire period of contract and copy of which shall be submitted to EIC from time to
time.
B] Alternatively, the contractor shall carry out the calibration job thro’ any other agency,
having valid license issued by Department of Legal Metrology, Govt. of Maharastra for
carrying out calibration / stamping jobs. The license shall be valid for the entire period of
contract and copy of which shall be submitted to EIC from time to time. However, the
entire responsibility for the completion & other requirements of the calibration jobs shall
lie with the contractor to whom the job has been awarded.
2.4.3 All the Inspection, Testing, Certification and Calibration shall be carried out only in the
presence of duly authorized competent person by the Chief controller of explosives
(CCOE) Nagpur and authorized representative of Department of Leagal Metrology, Govt.
of Maharastra respectively.
2.5.1 While taking up the jobs or while during execution, due to any unforeseen situations /
exigencies / breakdowns, it may so happen that certain planned jobs could not be taken
up / continued. All these jobs will be offered upon tiding over the crisis situation and these
will have to be taken up as and when offered by GAIL and for which no extra charges
shall be payable.
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2.5.2 Liaison with Petroleum And Explosives Safety Organisation ( PESO ) [ Formerly
Department of Explosives ] and also with the Department of Legal Metrology, Govt. of
Maharastra as per requirement and on behalf of GAIL towards submission of documents
and getting necessary endorsements / approvals from the concerned shall also be part of
the work.
2.5.3 The Contractor shall ensure the quality of the jobs being carried out. In case of repetition
of the jobs the same shall be carried out by the contractor without any additional cost
implication to GAIL.
2.5.4 The Contractor has to generate document and maintain record of executed jobs as per
Daily Progress Report ( DPR ) format acceptable to GAIL.
2.5.5 The technical details of the work shall be treated as of confidential nature and the
contractor should not pass on them to any other organization / company / firm. Also,
contractor shall not publish the technical details in any periodicals / books / seminars /
conferences, either in soft or hard forms. In this regard, the contractor shall submit an
undertaking on non judicial stamp paper of value Rs. 100/-.
3.1.2 All the Personnel Protective Equipments / safety items shall be in general IS marked or
certified by DGMS, wherever applicable. Any PPE / safety item not confirming the above
requirement shall be rejected and the contractor shall have to arrange for suitable and
acceptable replacement with in 24 hours.
3.1.3 However, special safety equipments like breathing apparatus, gas masks etc. shall be
provided by GAIL as and when required for the execution of the job on returnable basis.
Contractor will be responsible for accounting of the same.
3.1.4 The Contractor has to provide all PPEs (as mentioned above) to all the personnel
deployed by him. The personnel without cotton uniform & requisite PPEs like safety
helmet, safety shoes, full body safety harness, goggles, cotton hand gloves and face
masks / dust masks shall not be allowed to execute the work.
3.1.5 All the contractor’s materials, tools and tackles shall be marked and punched with name
of the contractor. All such material shall be shown at plant main gate and certified copy of
the challan for having taken the material inside the plant premises shall be submitted to
the Engineer-In-Charge at least within a week’s time. One copy of the challan shall be
retained by the contractor for record / reference and any contractor’s material being
taken out shall invariably accompany the copy of the relevant inward challan.
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3.1.6 The contractor is required to arrange all the listed Tools & Tackles and other equipments
/ materials as per enclosed Annexure D for the execution of the job in good working
condition. In case, any tool / tackle not listed out is required for the job execution, the
same shall also be arranged by the contractor.
3.1.7 The lifting tools & tackles shall have proper load testing certificate issued by competent
person authorized from the office of Directorate of Industrial Safety and Health. Copy of
necessary certificate shall be submitted by the contractor, in this regard.
3.1.8 The stores of the contractor can be checked by Engineer-In-Charge or his authorized
representative for possession of any unauthorized material not passed from the main
gate. No tools & tackles shall be removed from site without prior permission of Engineer-
In-Charge.
3.1.9 Contractor shall maintain first aid facilities for his employees at the work site in the form
of First Aid Box containing all necessary / prescribed medicines. However, in case of
emergency, facility / first aid as available with GAIL, will be extended including the
ambulance for reaching to the nearest hospital. Remaining expenditure if any, including
hospitalization, will have to be borne by the contractor.
B) DEPLOYMENT OF MANPOWER :
3.1.10 The contractor shall have his own staff for executing the contract work. Contractor shall
deploy staff having suitable qualification and adequate experience of doing similar type of
jobs [ such as inspection / maintenance activities relating to Horton Spheres / Bullets /
Mounded Storage Tanks etc ] including working at high / odd locations and particularly
within confined areas. GAIL reserves the right to reject any of the persons deployed by
the contractor found unsuitable for the work.
3.1.11 Supervisor(s) employed by contractor should have required knowledge and experience
of supervising & executing such inspection / maintenance activities relating to similar
storage facilities like Horton Spheres / Bullets / Mounded Storage Tanks etc installed and
operational in any continuous running Hydrocarbon Processing Units / LPG Plants /
Refinery / Petrochemical Plant / Fertilizer Units etc.,. The supervisor(s) employed shall
have minimum qualification as diploma in any branch of engineering (preferably
Mechanical) or shall have minimum five years experience in supervision of similar type of
work having graduation in any science discipline.
3.1.12 The contractor shall have a qualified and licenced electrical wireman / supervisor
available at site through out the period of the contract for handling the requirements with
regard to electrical equipments and associated jobs.
3.1.13 The personnel to be deputed by the contractor should also meet the following
requirements:
a) Should be medically fit to work at site.
b) Should possess good conduct and discipline.
c) Should be of minimum 18 years of age.
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3.1.14 The personnel to be deputed by the contractor shall observe all security, fire and safety
rules of GAIL while at the site. The work will be supervised by GAIL engineers and the site
supervisor has to strictly adhere to the instructions given to him by the EIC / Plant Safety
Officer, and ensure compliance of the same by the contractor’s personnel.
3.1.15 The contractor shall deploy manpower after verification of their character and
antecedents. The contractor has to provide police verification for all the persons
deployed by him before mobilization. In case, any worker is found having criminal
record/connection in any form at any time within the contract period, he shall have to be
immediately removed. In case of reformed people, names of such persons should be
clearly indicated.
3.1.16 Boarding and lodging facilities for contractor’s personnel for carrying out the work is to
be made by the contractor at his own cost outside the plant premises. Also any
transportation activity in connection with the execution of the contract, including
transportation of the personnel to the site and back shall be the responsibility of the
contractor. GAIL shall have no obligation in this regard.
3.1.17 The manpower to be deployed should be familiar to work in gas processing units /
petrochemical / chemical / refinery / gas based power plant. The technicians / supervisors
deployed by the contractor should be technically qualified for fulfilling the contractual
obligation. The experience details (with certificate) for each category of manpower
including supervisor shall be submitted to GAIL as detailed in Annexure-E.
3.1.18 All personnel proposed to be deployed by the contractor for undertaking the job shall be
medically examined and declared fit by Registered and qualified medical practitioner
before deployment. In case of non submission of Fitness certificate, for all the
personnel, the contractor will not be allowed to mobilize the site. The date of
Fitness certificate shall not be earlier than 02 months from the date of mobilization. It
should be ensured that no personnel engaged by the contractor are suffering from
communicable or infectious disease.
3.1.19 The contractor shall ensure that the employees / workmen employed by him, shall, at all
times, be neatly and properly dressed in appropriate cotton uniforms embroidered with
company’s/ agency’s name with specific color along with safety shoes and helmets. [ The
colour of the uniform shall be different from that of GAIL. ] The use of uniform /
protective clothing is mandatory for each workmen and supervisor working on the roll of
the contractor engaged for the execution of the GAIL job.
3.1.20 The job relating to Inspection and Hydrotesting, shall be performed in general shift duty
hours on all the working days of GAIL, Usar excluding Sundays & National Holidays.
However, the job relating to Calibration, shall be performed on round the clock basis. The
contractor shall take due note of this and deploy the personnel accordingly.
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3.1.21 The contractor shall indemnify GAIL against all losses or damages, if any, caused to him
on account of acts of the personnel, if any, deployed by him.
3.1.22 The contractor shall be solely responsible and indemnify the GAIL against all charges,
dues, claims etc. arising out of the disputes relating to the dues and employment of
personnel, if any, deployed by him.
3.1.23 The Contractor shall have to take adequate security measures for the safety and security
of material; equipment and manpower owned by them and brought to the site for
execution of the job. In the event of theft or loss, GAIL will not be held responsible.
3.1.24 No worker of contractor / contracting firm and contractor himself shall be allowed to
consume alcoholic drinks or any narcotics within the plant premises. If found under the
influence of above, the contractor / contracting firm shall have to change / replace him,
failing which, GAIL may terminate the contract.
3.1.25 The contractor shall be solely responsible for maintaining discipline of the personnel
deployed by him. Further, he shall ensure that none of his workers create any nuisance or
indulge in anti-social and criminal activities during the entire period of contract. In case,
anybody is found indulging in such activities, then he will have to be immediately
removed / replaced without any prejudice to further necessary action as deemed fit.
4.1.0 The entire work as per scope of work covered under this contract shall be treated as
inspection contract. The work shall be executed strictly as per Time Schedule.
4.2.0 The initial period of contract shall be for 12 months from date of issue of work order.
However, the same may be extended for another 06 months at same rates, terms and
conditions of the contract at the sole discretion of GAIL which shall be binding on the
contractor.
4.3.0 Three nos. of mounded storage tanks are to be taken for inspection and testing one after
another. While GAIL will attempt to isolate and hand-over the mounded storage tanks in
close succession, some delay can not be ruled out.
4.4.0 The time period for completion of the total job for each LPG mounded storage tank shall
be 03 months from date of handing over of each LPG mounded storage tank free of
hydrocarbon in all respects as per the Scope of work including erection & removal of
scaffolding and completion of the calibration.
4.5.0 After completion of inspection of first tank, the next tank may be handed over after a time
gap as decided by GAIL. Contractor will be informed 7 days in advance for starting of the
work on next tank.
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5.2.0 Payment shall be released to the tune of 75% of the quoted and accepted rates of the
individual SOR items ( which have been executed for the specified MS Tank ) as provided
in the LOI upon acceptance of the works & certification by the EIC of each storage tank.
5.3.0 Balance 25% payment will be released after submission of all testing & inspection
reports and the certificate duly approved by CCOE, Nagpur and calibration chart duly
approved by Department of Legal Metrology, Govt. of Maharastra.
5.4.0 Contractor is required to submit running bills in triplicate to EIC after the job execution for
each tank within 15 days of the completion of entire inspection & calibration jobs etc.,
along with copy of DPR / measurement sheets for certification and payment.
5.5.0 Payment will normally be made within 15 days of submission of bills to Engineer-in-charge
after applicable deduction of Income Tax and any other taxes and duties.
5.6.0 Payment will be made through electronic mode (E-banking) only. The payments will be
made to your bank account with SBI having E-banking facility. Details required for making
payments through electronic mode are to be submitted in the proforma attached to
(Annexure – I for SBI bank) along with documentary evidence for the Bank Account No
such as cancelled cheque etc. by the successful bidder.
5.7.0 In case bidders do not have accounts with SBI bank with e-banking facility or do not
intend to open an account in SBI, the information required to be given by these bidders is
as per Annexure - II attached, so that payments can be released to them through
alternative mode of e-banking. This information is to be given by the contractor on their
letterhead duly certified by their bankers along with supporting documentary proof for the
Bank Account No. such as cancelled cheque etc
5.8.0 The bills in triplicate addressed to Engineer-In-Charge shall be submitted within 15 days
of job completion, to the Despatch Section of the HR Dept., (located at the Admn Bldg.)
in a closed envelope and the envelope should mention details such as: (i) Invoice No.,
amount & Date; (ii) Work Order No. & Date (iii) Subject / Description and (iv) Indenting
Dept. etc. The bill(s) shall be checked & verified for the job certification by Engineer- In-
Charge and processed for further payment.
5.9.0 The contractor shall submit a certificate along with each running bill that the contractor,
continue to maintain the EPF code no. (Code number to be indicated) and EPF
contribution in respect of all the contract labor engaged for the job of GAIL, for the entire
period of work at GAIL has already been deposited with the PF commissioner. ( by
attaching copy of the PF challan(s).).
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8.1.0 Security deposit @ 10% of contract value shall be deposited within ten days of receipt of
LOA / LOI by the contractor.
8.2.0 No interest shall be payable by the Company to the contractor for the amount of Security
deposit.
8.3.0 Contractor can furnish the security deposit amount through bank guarantee from any
Nationalized / Schedule bank in prescribed proforma as per enclosed Annexure – III,
which shall be valid for 90 days beyond completion of the job or expiry of Defect Liability
Period which ever is applicable. [ The security deposit can be deposited in the form of
Demand Draft payable at SBI Alibag also. ]
8.4.0 Security Deposit shall be refunded within 90 days after the completion of work or Defect
Liability Period which ever is applicable.
9.0 CONTRACT AGREEMENT:
9.1.0 If the work is awarded the contractor shall enter into an agreement with GAIL in the
prescribed Performa within 10 days of the issue of LOA/LOI whichever is earlier. The
agreement shall be executed on non-judicial stamp paper of RS.100/-. The cost of stamp
paper shall be borne by the contractor. The format of agreement can be obtained from
the office of the Manager (C&P), GAIL, USAR.
10.1.0 The work is subject to inspection at all times by the Engineer-In-Charge or representative
of EIC. The contractor shall carry out all instructions given during inspection and shall
ensure that the work is being carried out according to the technical specification of this
tender, the technical documents and the relevant codes of practice furnished to him for
performance of the work.
10.2.0 Any work not confirming to the standard procedure, said specification or codes shall be
rejected forthwith and the contractor shall carryout the rectification at his own cost.
10.3.0 Inspection and acceptance of the work shall not relieve the contractor from any of his
responsibilities under this contract
11.0 SCHEDULE OF RATES & QUANTUM OF JOBS:
11.1.0 The schedule of rates (SOR) shall be read in conjunction with Special Condition of
Contract, General Condition of Contract, Technical Specification, Drawings and any other
documents forming a part of this tender.
11.2.0 The bidder is required to quote for all the SOR items. The bid shall be rejected in case all
the SOR items are not quoted.
11.3.0 Payment shall be made only for the actual jobs carried out, duly certified by the
ENGINEER-IN-CHARGE. GAIL does not give any guarantee regarding quantum of jobs.
The decision of “ENGINEER-IN-CHARGE” regarding operating the schedule of quantities
shall be final and binding on the contractor.
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11.4.0 The rates quoted by the contractor shall remain firm throughout the period of the
contract. The quantum of jobs to be offered for execution is solely at the discretion of the
Engineer In Charge. Variation in the quantities indicated in the schedule of rates and the
quantities actually operated, cannot be cited as a reason for revision / escalation of rates
or any extra claims. Schedule of rates shall be deemed to include and cover all costs,
expenses and liabilities of every description and all risks of every kind required to execute
the work. Schedule of Rates shall be inclusive of all applicable taxes and duties including
Service Tax and Cess thereon.
11.5.0 The owner reserves the right to interpolate or extrapolate the rates for any new items of
work not covered in schedule of rates, from the similar items already available in schedule
of rates. All works, item wise, shall be measured upon completion and paid for, at the
rate quoted and accepted in the SOR. The rates shall be inclusive of all materials,
consumables, labour, supervision, tools and tackles as well as any preparatory / incidental
or enabling works.
11.6.0 Multiple mobilization and de-mobilization may be required for the execution of this job
contract. No additional payment will be made for the multiple mobilizations. No TA/DA
shall be payable extra for the visits.
11.7.0 Payment is not related to man days spent for the work and is based on the actual
quantum of jobs executed as per the SOR items and payable only after satisfactory
completion of work and certified by Engineer In Charge.
12.1.0 In items rate contract where the quoted rates for the items exceed 50% of the
owners/estimated rates, such items will be considered as Abnormally High Rates Items
(AHR) and payment of AHR items beyond the SOR stipulated quantities shall be made at
the least of the following rates:
(I) Rates as per SOR, quoted by the contractor.
(II) Rate of the item, which shall be derived as follows:
a) Based on rates of machine and labor as available from the contract (which
includes contractor's supervision, profit, overheads and other expenses).
12.2.0 In case rates are not available in the contract, rates will be calculated based on prevailing
market rates of machine, material and labor plus 10% to cover contractor's supervision
profit, overhead & other expenses.
13.0 COMPENSATION FOR DELAY (LD CLAUSE):
13.1 In case of delay in completion of work in all respects and to the full satisfaction of
Engineer-In-Charge, the Engineer-In-Charge may at his discretion impose a penalty at the
rate of 0.5% per week or part thereof limited to 5% of the contract value.
13.2 Alternatively, in case the Engineer-In-Charge feels that the progress of work is
dissatisfactory and the work may be delayed beyond the scheduled or contractual
completion date, he may at his discretion get the work done through other agency at the
risk and cost of the contractor without prejudice to other rights available to owner under
the contract. The decision of the Engineer-In-Charge shall be final and binding in this
regard.
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14.1.0 The Defect Liability Period is 12 months from the date of completion of work against
material and workmanship if any.
15.0 MOBILIZATION ADVANCE & MOBILIZATION PERIOD :
15.1.0 No mobilization advance is payable for this work.
15.2.0 The initial mobilization period for the contract will be 15 days from the date of issue of
Letter of Intent / Work Order whichever is earlier. The contractor has to mobilize all
resources including manpower within the above period.
15.3.0 The contractor is required to make subsequent mobilizations as per the communications
received from the Engineer – In – Charge / GAIL.
16.0 COMPENSATION FOR EXTENDED STAY:
16.1.0 No compensation for extended stay is payable to contractor.
17.0 OWNER NOT BOUND BY PERSONAL REPRESENTATION:
17.1.0 The contractor shall not be entitled to any increase on the schedule of rates or any other
right or claim whatsoever by reason of any representation, explanation statement or
alleged representation, promise or guarantees given or called to have been given to him
by any person.
18.0 PHOTOGRAPHS/LABOUR PERMISSION/VEHICLE PERMISSION :
18.1.0 The contractor shall arrange to make photo gate passes / labor permissions / vehicle
passes etc. for his persons / labours / vehicles for working inside plant premises at his
own cost as per the prevailing rules of the company.
18.2.0 The contractor should obtain permission in standard format for every employee working
for him, who are liable for physical check by competent authority as decided by Engineer-
In-Charge at any time.
18.3.0 Contractor shall provide proper identification card for his employees to be deputed by him
for the work duly authenticated by the contractor or any authorized person on behalf of
the contractor.
19.0 SUPERVISION OF WORK:
19.1.0 Supervisor(s) shall be of qualified and experienced personnel with minimum diploma in
Engineering and minimum 3 years experience in concerned field. Contractor or his
authorized and designated representative(s) (Supervisor) shall be available at site all
times, during the progress of the work. In the absence of site supervisor(s) at site, the
work shall not be allowed to be continued. This can not be cited as reason for seeking
time extension.
19.2.0 The deployed labour by the contractor shall be directly controlled / supervised / directed
by the contractor himself or his representatives. Contractor shall deploy sufficient no. of
site supervisors (depending on manpower deployment, work front available for job
execution and work completion schedule) to coordinate and ensure that the work
progresses smoothly as per schedule.
19.3.0 The contractor shall ensure effective supervision and controls of the personnel, if any,
deployed by him and give suitable direction for undertaking and fulfilling the contractual
obligations.
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20.1.0 Measurement of works shall be made in the units mentioned in the Schedule of Rates as
per details given in Technical Standards / specifications. Contractor is required to submit
DPR which shall form the basis of measurement for billing.
20.2.0 Wherever details are not available or inadequate in the execution drawings, physical
measurements will be taken by the contractor in the presence of the representative of
the Engineer-in-Charge. In such cases payment will be made on actual measurements.
21.1.0 From the commencement to completion of the work, the contractor shall take full
responsibility for the care for all works including temporary works and in case of any
damages, loss or injury shall happen to the work or to any part thereof or to any
temporary works from any cause whatsoever, shall at his own cost repair and make good
the same so that at completion the work shall be in good order and in conformity in every
respect with the requirement of the contract and the Engineer In Charge’s instructions.
22.1.0 As a part of the contract the contractor shall completely remove all temporary /
disposable materials, while execution of work at his own cost and initiative and dispose
off the same as directed by Engineer-in-charge.
23.0 NUISANCE:
23.1.0 The contractor or his representative shall not at any time cause any nuisance at the site
or do anything which shall cause unnecessary disturbance to the owners or tenants or
occupants or their properties near the site and to the public generally.
24.1.0 Contractor shall ensure that all safety precautions required are observed at all times
during the execution of the job.
24.2.0 Before starting jobs, contractor shall take work permit from Engineer-in-charge or his
representative and same shall be returned back after completion of job.
24.3.0 All the existing and amended security / fire & safety rules of GAIL, USAR are to be
followed by the personnel within the plant or service center. For the purpose of making
the contract personnel aware of the safety / fire rules to be followed while at work, one
day training program shall be arranged and conducted by the F&S dept of GAIL, Usar.
The contractor shall invariably depute all the personnel for attending such programs
whenever organized / conducted.
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24.4.0 The contractor shall abide by the advice and guidance of the safety officer on duty in the
plant. In addition, the contractor shall follow all the safety codes framed and
communicated from time to time.
24.5.0 Contractor must have good safety record certificate from their clients / organizations
where similar jobs have been executed by the contractor in the past. While at the site the
contractor’s work will be monitored by GAIL Engineers and contractor has to strictly
adhere to the instructions given to him.
24.6.0 Contractor shall maintain first aid facilities for his employees at site in the form of First-
Aid Box and prescribed Medicines. However, first aid as available with GAIL and
Ambulance up to nearest hospital shall be provided by GAIL if available. Any other
expenditure like Hospitalizations, Treatment and Medicines etc. shall be borne by the
Contractor.
24.7.0 Contract personnel should report to work with personnel protective equipments namely
safety shoes, helmets, full body safety harness and any other PPE required for the work.
If the contract personnel are found to be working without required PPEs at any point of
time, all such personnel shall not be allowed to execute the work further.
24.8.0 Smoking inside the plant is strictly prohibited. No contract personnel are allowed to
possess any inflammable materials like match boxes, lighters, cigarettes, beedies,
transistors, mobile phones or any other material which is a cause of fire hazard inside the
plant.
24.9.0 In the event of accident, the contractor shall be required to report the same to the EIC
immediately and in turn EIC will follow the existing procedures of GAIL Usar.
24.10.0 The contractor’s personnel are required to posses and display the passes and produce
the same on demand at the gate as well as inside the plant.
24.11.0 All jobs are to be carried out under “Work Permit System”. The contractor has to ensure
the “Safety work permit” before starting the jobs. The contractor has to comply all safety
requirements for the execution of the job, as per instructions of Plant Safety Officer /
"EIC".
24.12.0 The Contractor has to ensure cleanliness of area and equipment after completion of the
work under the rule of safety and good house keeping. The "Safety work permit" has to
be returned back to the "EIC" or his representatives after completion of the jobs.
24.13.0 All the electrical equipments of the contractor to be used at site for the execution of the
job shall be inspected and certified for safe operation by Elec. Dept of GAIL, Usar before
putting them into use.
24.14.0 All the electrical equipments shall be checked periodically for healthiness and safe
operation for which proper records shall be maintained.
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24.15.0 The power cables of the electrical tools / hand held equipments / other NDT equipments
must have sufficient insulation resistance of minimum 01 Mega Ohm and should be joint
free.
24.16.0 The power cables shall be connected with suitable plug and sockets without any loose /
temporary connections.
In addition to the provisions stated under section VIII on Labour Laws in General
Conditions of contract of GAIL, the following provisions are also required to be complied
as per relevant Labour Laws / Act/ other statutory requirement.
P. F. RELATED :
25.1.0 The contractor shall have his own PF code no. with the RPFC as required under
Employees PF & Miscellaneous Provisions Act, 1952 and attested copy of the same is to
be submitted along with the technical bid.
25.2.0 The contractors shall periodically submit copy of the challans / receipts as proof for
depositing PF contribution with RPFC, in respect of the labours working at GAIL’s site.
LABOUR LAWS :
25.3.0 The contractor is required to obtain labor license under the provisions of Contract Labor
(R&A) Act, 1970 from the office of ALC (Central), Ministry of Labor, Govt. of India,
Mumbai.
25.4.0 The contractor shall employ only adult labour for the execution of the contract as per
requirement. All personnel to be deployed by the contractor should be on the rolls of
the contractor.
25.5.0 The contractor will give three paid National Holidays to his workers during the period of
contract as applicable.
25.6.0 Contractor shall ensure payment of wages to the personnel employed and meet all
statutory obligations of payment as per Minimum Wages Act 1948 and Payment of
Wages Act 1936.This shall also include increases w.r.to D.A. and P.F. contributions (
both contractors’ as well as workers’ ) as revised and as notified from time to time by
the respective statutory body.
25.7.0 The contractor shall be solely responsible for the payment of wages and other dues to
the personnel, if any, deployed by him latest by 7th day of every month for the
preceding month. The contractor will be required to comply with all statutory provisions
contained in Labour Legislations in general and Contract Labour (R&A) Act 1970, The
Minimum Wages Act and The Payment Of Wages Act in particular.
15
25.8.0 The payments/ wages paid to the contract labours shall be verified by the departmental
representative / Engineer In Charge with his name, designation along with the following
certification on the payment sheet : “Certified that the amount shown in the column no.
___ has been paid to the workman concerned in my presence on ______”.
25.9.0 The contractor will get the contract labour to be engaged by him insured under the
Workman’s Compensation policy covering all claims applicable & all risks connected with
the job to be undertaken by him under the subject contract (such as accidents, injuries
and death likely to be caused to any of his workers or to a third person) from any of the
insurance companies before actually starting the work of the contract. The insurance
coverage should be for the entire period of the contract covering all persons employed
at site even for short durations. The contractor shall be complying with the provisions of
Workman’s Compensation Act 1923. GAIL shall not entertain any claim arising out of
mishap, if any that may take place, during the execution of the contract.
25.10.0 Contractor shall also take suitable Group Personal Accident Insurance Cover for taking
care of any accident, injury, damage or any other risks in respect of all his employees
who are not covered under Employees State Insurance Act.
25.11.0 In case of accident, injury and death caused to the employee of the contractor while
executing the work under the contract, the contractor shall be solely responsible for
payment of adequate compensation, insurance money etc. to the person injured / next
kith & kin of injured / diseased. Contractor shall indemnity GAIL from such liabilities.
25.12.0 The contractor shall be solely responsible and indemnify the GAIL against all charges,
dues, claims etc. arising out of the disputes relating to the dues and employment of
personnel, if any, deployed by him. Also, the contractor shall indemnify GAIL against all
losses or damages, if any, caused to him on account of acts of the personnel, if any,
deployed by him.
25.13.0 All obligations arising out of labor deployment in respect of labor laws and to meet any
other statutory requirement would solely lie on the contractor. The contractor shall
indemnify GAIL against any liquidated damages incurred as the Principal employer for
any failure on the part of the contractor to honour the various Central / State / Local /
self body, laws / enactments in this respect.
OTHER STATUTES :
25.14.0 The contractor is liable to obtain / abide by all necessary licenses / permissions from the
concerned authorities as provided under the various labor legislations. The contractor
shall be responsible for strict compliances of all statutory provisions of the relevant
labour laws applicable from time to time and particularly in the state of Maharashtra for
carrying out the contractual job. If due to any reason whatsoever, GAIL is made liable
to meet any obligation under any of the said laws and enactments etc., the same shall
be recovered from the Security Deposit of the contractor with GAILor from the bills
payable to the contractor or failing which it shall be recovered as per law.
16
25.15.0 The contractor shall discharge obligations as provided under various statutory
enactments like The Employees Provident Fund and Miscellaneous Provisions Act 1952 ;
The Payment of Wages Act 1936 ; The Minimum Wages Act 1948 ; The Employees
Liability Act 1938 ; The Workman Compensation Act 1923 ; The ID Act 1947 ; The
Maternity Benefit Act 1961 ; The Contract Labor (R&A) Act 1970 ; and / or any other
modifications thereof or any other law relating to rules and regulations made there
under from time to time.
25.16.0 The contractor is liable to pay bonus to the personnel employed by him in accordance
with the Payment of Bonus Act 1965 and as amended from time to time.
25.17.0 The contractor shall comply with the provisions regarding Welfare and Health facilities
as provided under the Contract Labour (Regulation & Abolition) Act 1970 read with the
contract Labour (R&A) Rules 1971. The contractor shall submit the Return required
under Contract Labour (Regulation & Abolition) Act / Rules periodically.
25.18.0 While confirming to any of these conditions, the contractor should ensure that no law of
state regarding labor, their welfare, conduct etc, is violated. The contractor shall
indemnify GAIL for any action brought against him for violation, non-compliance of any
act, rules & regulation of center / state / local statutory authorities.
25.19.0 The contractor / contracting firm shall indemnify GAIL against all claims, demands,
actions, cost and charges etc. brought by any Court, Competent Authority / Statutory
Authorities against any act or acts of the contractor/contracting firm or his workers.
25.20.0 The contractor / contracting firm shall be required to deposit contribution towards
Provident Fund, Pension, ESI, if applicable, or any other statutory payments to be made
in respect of his workers well in time and submit a copy of challan to owner/Engineer
In-charge in monthly/quarterly basis failing which GAIL will deduct from his bills the
amount equivalent to such deductions along-with penalty as per the provisions of the
applicable Act.
25.21.0 The contractor shall promptly furnish all detailed information and documents required
by GAIL / EIC, for the purpose of fulfilling their obligations and shall render all
necessary assistance for the same.
25.22.0 The following documents / forms will be maintained by the concerned contractor &
furnished to GAIL (if required) for employing contract labour as per provisions of the
Factories Act, 1948.
25.23.0 The following documents / Forms under the Contract Labour (Regulation & Abolition)
Act 1970 and Rules there under shall be maintained by the contractor:-
(i) A notice showing the wages period and the place and time of disbursement of wage
is to be displayed at the place of work and a copy is to be sent by the contractor to
the GAIL under acknowledgement. (Rule 71).
(vi) Display of abstracts of Contract Labour (Regulation & Abolition) Act and Rules in
English & Hindi (Rule 79).
(vii) Half-Yearly Return to be sent by the contractor to Licensing Officer in Form XXIV (in
duplicating) (Rule 82-1).
25.24.0 All the registers, records and notices maintained under the Act and Rules shall be
produced on demand before the Inspector or any other authority under the Act.
26.1.1 Against Violation of applicable Safety, Health and Environment related norms, a penalty of
Rs.5,000.00 per instance / occasion.
26.2.1 In case, any tools / tackles which are supplied by GAIL, are damaged by the contractor or
his personnel due to negligence or non-performance of work or malpractice, deduction will
be made from the total claims according to the evaluated cost of damage. The maximum
deduction shall be limited to double the cost of the tool / tackle / any other accessory as
provided by GAIL to the contractor. Evaluation of damage will be made at the sole
discretion of GAIL.
26.2.2 In case any damage occurs to GAIL’s property, during the work by the contractor or his
employee, deduction will be made from the total claims according to the evaluated cost of
damage. Evaluation of damage will be made at the sole discretion of GAIL.
26.3.2 The jobs will have to be taken up for execution by the contractor as per mutually agreed
Work Schedule or as per any communication sent by GAIL and the contractor will have to
mobilize accordingly, failing which penalty shall be applicable @ Rs.5,000/- per day for the
delay period for initial and subsequent mobilization(s) .
26.3.3 Penalty shall also be applicable @ Rs. 5,000/- per day, in the event any job is not
executed due to non availability of Qualified / Sufficient Manpower / Materials /
Inspection & NDT Equipments / any other resources ( the supply of which is in the scope
of the contractor ) at site for more than 24 hours without express approval of EIC.
26.3.4 In case, the reports (as per relevant Rules) are not submitted in time as stipulated and
as per the prescribed and acceptable format, penalty shall be applicable @ Rs.5,000/-
per instance.
26.3.5 The total penalty applicable with regard to violation of Safety Health & Environment
norms and also incase of non performance of work put together shall be limited to 5% of
the contract value. This is in addition of LD clause (Clause No.13.0) and Penalty clause
(Clause No. 26.2.1 & 26.2.2) incase of damage to GAIL’s property.
27.1 The bidders are required to submit duly attested copy of the Certificate of Competency [
having validity covering the entire period of contract ] issued by Chief Controller of
Explosives ( CCOE ) Nagpur as per the rule 19 of Static & Mobile Pressure Vessels (
Unfired ) rules 1981 for carrying out Statutory Inspection.
27.2 The bidders are required to submit duly attested copy of the Licence for calibration of
Mounded Storage Tanks (LPG) issued by Department of Legal Metrology, Govt. of
Maharastra having validity for complete period of contract. This certificate must be
submitted before start up of calibration work ( if work shall be carried out by some other
agency lined up by the bidder and same shall be mentioned in the bid.).
27.3 The bidders are required to submit the copy of PF certificates duly attested by Gazetted
Officer / Officer of Public Sector Enterprises.
27.4 Further, the bidders are required to furnish the attested copy(ies) of Power of Attorney /
Partnership Deed.
27.5 Bidders are required to furnish the attested copy(ies) of documentary evidence in
support of meeting the Bidder’s Eligibility Criteria.
27.6 Non-submission of the attested copies of the certificates / documents will render the bid
non-responsive and liable for rejection.
28.0 AFFIDAVIT
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The bidder shall submit an affidavit on non-judicial stamp paper of Rs. 100/- duly
notarized to the effect that “the document submitted by M/s.
………………………………(Name and address of the bidder) against tender no.
……………………………….dtd. ……….. are true and genuine and in case of any discrepancy
noticed or observed at any stage, M/s. ……………………...(Name and address of the bidder)
shall be personally responsible not only for the damages or loss to GAIL, but also for
criminal proceedings under the relevant laws”.
29.1 Bidders are required to furnish the complete and correct information / documents
required for evaluation of their bids. If the information / documents forming basis of
evaluation is found to be false / forged, the same shall be considered adequate ground
for rejection of the Bids and forfeiture of Earnest Money Deposit.
29.2 In case, the information / document furnished by the bidder / contractor forming basis of
evaluation of his bid is found to be false / forged after the award of the contract, GAIL
shall have full right to terminate the contract and get the remaining job executed at the
risk & cost of such contractor without any prejudice to other rights available to GAIL
under the contract such as forfeiture of Security Deposit, withholding of payments etc.
29.3 In case the issue of submission of false document comes to the notice after execution of
the work, GAIL shall have full right to forfeit any amount due to the contractor along
with forfeiture of Security Deposit furnished by the contractor.
29.4 Further, such contractor / bidder shall be blacklisted for future business with GAIL.
30.1 All disputes or differences, whatsoever, arising between the parties hereto pertaining to
any part of the contract including its execution or concerning the WORKS or maintenance
thereof this CONTRACT or to the rights or to liabilities of the parties or arising out or in
relation thereto whether during or after completion of the CONTRACT or whether before
or after determination, foreclosure or breach of the CONTRACT (other than those in
respect of which the decision of any person is by the CONTRACT expressed to be final
and binding) shall after written notice by either party to the CONTRACT be referred for
adjudication to a sole arbitrator to be appointed by GAIL as hereinafter provided.
30.2 For the purpose of appointing the Sole Arbitrator referred to above, the Appointing
Authority will send within thirty days of receipt of the notice, to the CONTRACTOR a
panel of three names which are not connected with the work in question.
30.3 The CONTRACTOR shall on receipt of the names as aforesaid, select any one of the
persons named to be appointed as a sole Arbitrator and communicate his names to he
Appointing Authority within thirty days of receipt of names. The Appointing Authority
shall thereupon without any delay appoint the said person as the sole arbitrator. If the
CONTRACTOR fails to communicate his choice for appointment of an Arbitrator, the
Appointing Authority shall do it on expiry of 30 days.
30.4 If the Arbitrator so appointed is unable to or unwilling to act or resigns or vacates his
office due to any reason whatsoever, another sole Arbitrator shall be appointed as
aforesaid.
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30.5 The WORK under the CONTRACT shall however, continue during the Arbitration
proceedings and no payment due or payable to the CONTRACTOR shall be withheld on
account of such proceedings.
30.7 The award of the Arbitrator shall be final and binding on both the parties.
30.8 Subject to the aforesaid provisions of the Indian Arbitration and Conciliation
Act, 1996 or any statutory modification or re-enactment thereof and the rules
made there under, and for the time being in force, shall apply to the arbitration
proceeding under this clause.
31.0 JURISDICTION:
The CONTRACT shall be governed by and constructed according to the laws in force in
INDIA. The CONTRACTOR/CONTRACTING FIRM herby submits to the jurisdiction of the
Courts situated at Alibag for the purpose of disputes, actions and proceedings arising out
of the CONTRACT.
1. EXPERIENCE:-
The bidder must have executed at least one single work order for Inspection and Testing,
& Certification of HORTON SPHERES / BULLETS / MOUNDED STORAGE TANKS
installed at any PETROCHEMICAL / FERTILISER / HYDROCARBON plants in preceding
03 years prior to the final due date of bid opening. The capacity of the individual tank /
Storage facility shall be not less than 1500 Cu. Met. of geometric volume and the Single
work order value shall be at least 14 Lacs or more . Bidder is required to submit copies
of work order and completion certificate / execution certificate in support of meeting
experience criteria. Documentary proof duly notarized to be submitted.
2. CERTIFICATE OF COMPETENCY
The bidder must have valid certificate of competency / approval issued from the Chief
Controller of Explosives, Nagpur for carrying out inspection and testing, & certification of
hydrocarbon storage facilities. The copy of the certificate duly notarised to be submitted.
3. TURNOVER:
Bidder must have the annual turnover of Rs 14 Lacs or more in any of the last three
financial years. Bidder must submit the turnover proof by providing audited balance sheet
and Profit & Loss account.
Bidder must have permanent EPF Account in its name. Documentary proof duly notarized
to be submitted. .
5. EMD:
Bidder to submit EMD of Rs.56, 000/- (Rs. Fifty Six Thousand only) in favour of
GAIL (India) Ltd, payable at SBI, Alibag without which offer shall be rejected.
6. PAN
Bidder must have PAN in its name. The copy of document duly notarised to be submitted.
Note : The above BEC is indicative only. However the offer shall be evaluated in its total perspective
i.e.
The General Conditions of Contract & Special Conditions of Contract.
1
Annexure-A
SCOPE OF WORK
1.0 INTRODUCTION :
The intent of this tender is Inspection, Hydrostatic Testing, Re-certification and calibration of 03 Nos. of LPG
Mounded Storage Tanks installed at Gail Usar under SMPV (U) Rules 1981 and repair of same if any.
2.0 SCOPE OF WORK FOR INSPECTION & HYDROSTATIC TESTING OF MOUNDED STORAGE TANKS:
For fulfilling statutory requirement with regard to Inspection / Hydrostatic Testing of Mounded Storage Tanks
the following activities as briefed below are to be carried out:
1) To provide positive isolation of Mounded Storage Tanks by putting blinds on inlet and outlet lines of
hydrocarbon liquid / vapour up to first isolation valves by dropping spool pieces or valves etc. and to remove
the Fire Proofing cement as well, as per requirement.
2) To take out / dismantle the inlet and outlet lines of hydrocarbon liquid / vapour up to isolation valve required
for connecting water hose for the hydro test.
3) To make the MS Tanks totally Hydrocarbon free by filling water, checking periodically for setting of the tanks /
bullets during water filling. The settlement shall be noted after filling 50% of the tank / bullet and at steps of
10% thereafter.
4) To make necessary arrangements for proper lighting and ventilation inside the Mounded Storage Tanks.
5) To erect the scaffolding inside the MS Tanks required for approach to the shell and removal of scaffolding after
completion of testing, inspection and repair works (if any) is over as per the detailed specifications. All
equipments & materials required for the scaffolding shall be arranged by the contractor at his own cost & risk.
6) To carry out necessary surface cleaning, and to prepare the weld joints ( by buffing or by any alternate /
manual method ) for NDT, for doing further inspection, testing, certification including repair works (if any) and
also calibration of the MS Tanks as per the detailed specifications and as per CCOE Guidelines.
7) The Inspection, Testing, Certification and Calibration of the Mounded Storage Tanks includes thorough visual
inspection and inspection by various NDT methods such as WMPI, UFT, Thickness Measurement, Hardness Test,
DPT etc..
8) To carry out minor repairs if any i.e. removal of cracks by grinding or any other approved method as
applicable.
9) To carry out major repairs if any (optional items) as per approved procedure by CCOE, Nagpur.
10) To do Water filling of the MS Tanks and Blinding of the nozzles after overflow of water.
11) To carry out the Hydro-test in presence of the Competent Person at applicable hydro test pressure as per
approved procedure and guidelines.
12) To carry out De blinding and boxing up of the MS Tanks and also do Pre-commissioning activities such as inert
gas purging, pressurization, leak check before commissioning.
13) Submission of preliminary / status reports and all supporting documents / NDT reports. All the documents shall
be submitted in quadruplicate in properly bound form for each MS Tank.
14) Submission of final report with Certificate issued by CCOE, Nagpur / duly approved competent person for
commissioning of the MS Tanks. The final report shall be submitted in quadruplicate in properly bound form for
each MS Tanks along with soft-form (C D) also.
3.0 SCOPE OF WORK FOR CALIBRATION OF MOUNDED STORAGE TANKS :
For fulfilling statutory requirement with regard to Calibration of Mounded Storage Tanks the following
activities as briefed below are to be carried out:
1) To measure & record the internal diameters as per relevant IS standards at every course. It is required to
take a representative number of diameters perpendicular to the tank axis to yield a fair average vertical
diameter at minimum four places which should also include one measurement at the dip-point.
2) To measure & record the internal length of the MS Tank as per relevant IS standards at least two different
places along the circumference. In case of mismatch / discrepancy of the readings, more readings are
required to be taken as per the discretion of the Engineer-In-Charge.
3) To measure & record the depths of the dish end as per relevant IS standards.
4) To measure & record the angle to the horizontal at which the tank is tilted accurately to calculate the
effect on level measurement.
5) To calculate & record the datum level. The datum level is different for each of the 03 MS tanks and the
deadwood calculations are required to be done accurately by filling known volume of water through flow
meter and needs to be matched against the calculated dead stock readings. The zero for the
measurements is to be considered at the matched datum level while preparation of the calibration chart.
With out fixing the zero, by matching datum level no further calibration related activities shall be allowed
to be executed.
6) To calibrate the MS tank by Liquid ( wet ) calibration method. Liquid calibration is required to be done by
withdrawing measured volume of water and noting down the corresponding change in the level.
7) The flow meter used for the measurement should be very accurate and a calibration certificate of the flow
meter is mandatory from an accredited laboratory before the meter is put into use for the purpose. The
typical accuracy required for the flow meter is +/- 0.5 % or better. It is to be noted that Coriolisis mass
flow meter of size 3” available with GAIL shall also be hooked up which can act as Check Meter. The
Coriolisis mass flow meter is in GAIL’s scope along with necessary wiring and connections.
8) Measurements are to be started after the tank is filled with water to the maximum capacity and water to
be held in the tank for 24 hours to allow for settling.
9) Readings are to be taken after the settlement as indicated above and upon transferring of 20 KL through
the meter at each step.
10) To note & record the level readings from standard Dip tape and Dip weight at each step. These level
readings needs to be compared with servo level gauge of M/s E + H make [ having an accuracy of +/-
0.5mm ] installed in each of the tanks. In case of any discrepancy / mismatch, the decision of Engineer-In
Charge shall be final and binding.
11) To prepare the calibration chart for calibration at every one millimeter interval.
12) To liason with Department of Legal Metrology, Govt. of Maharashtra and to coordinate for witnessing the
ongoing calibration job. All the incidental expenses are to be borne by the Contractor. However, any
licensing fee to be paid / paid to Department of Legal Metrology, Govt. of Maharashtra shall be reimbursed
by GAIL to the contractor at actual on production of proof / receipt.
13) The procedure for calibration mentioned above is only indicative. Bidder is required to give complete
details of calibration procedure to be adopted by the bidder along with the bid. However, acceptance of
the procedure as proposed is at the sole discretion of GAIL. GAIL at its discretion, shall instruct the
contractor to follow the calibration procedure as detailed above.
14) All the tools and tackles used for the measurement shall be complying the requirement of relevant IS
standards.
15) Submission of preliminary / status reports and all supporting documents / back up calculations. All the
documents shall be submitted in quadruplicate in properly bound form for each MS Tank along with soft-
form (C D) also.
16) Submission of final calibration report duly stamped / endorsed by Department of Legal Metrology, Govt. of
Maharashtra for each of the MS Tanks. The final report shall be submitted in quadruplicate in properly
bound form for each MS Tanks along with soft-form (C D) also.
1) Power supply of 230 / 415 Volts for NDT equipments and pumps etc.
2) Provision of lighting equipments such as flame proof sockets, 24V Bulbs, cable including panel for supply.
However, installation, extension and shifting of the lighting equipments / arrangements as per job
requirement shall be in contractor’s scope
3) Water Supply for Hydro test.
4) Compressed Air.
5) Dry Nitrogen for purging.
6) Consumables like bolts / nuts / fasteners / gaskets etc.,
1) Pump along with all accessories including PSV for Hydro-test ( of flame proof design)
2) Blinds of required rating for conducting Hydro test. [ The blinds as available with GAIL, USAR can be made
use of, by the contractor for the execution of the job ]
3) Calibrated pressure gauges for Hydro test.
4) Tools & Tackles as per the Annexure- D ( including non sparking tools).
5) DPT material & NDT equipments required for NDT testing.
6) Measuring Instruments as per the Annexure- D for the calibration of the Tanks.
7) All Consumable e.g. electrodes, oil, Diesel etc. including consumables for the tools / equipments; cotton
waste and markin cloth.
8) Erection & dismantling of scaffolding with scaffolding material as per IS standard.
9) All PPEs / Safety gears for each individual labour including Dust Mask ; Hand Gloves etc.,
¾ The equipments are required for use in hazardous environment as per area classification Zone 1. All the
equipments, tools and tackles shall meet the criteria. Equipments, tools and tackles etc not meeting the
criteria shall not be allowed to be used.
¾ All the NDT Test equipments, Measuring Instruments, Flow Meters, Gauges etc. shall be duly calibrated
having valid calibration certificate with traceability. Any equipment / instrument not having valid
calibration certificate shall not be allowed to be used.
¾ The decision of Engineer-In-Charge regarding accepting any NDT Test equipments / Measuring Instruments
etc. shall be final and binding on the contractor. In case any replacement is sought, the same shall be
arranged with in 24 hours by the contractor.
Annexure-B
Technical Specifications
1.0 GENERAL :
This technical specification shall be applicable for Inspection, Hydrostatic Testing, Certification and Calibration of
03 Nos. of Mounded Storage Tanks installed at Gail Usar by Chief Controller of Explosives / duly approved
competent person under SMPV (U) Rules 1981 and repair of same( if any.) The various standards / codes that shall
be applicable for the subject job are listed below which are only indicative. The contractor shall ensure
compliance of any standard / code even though that has not been mentioned below and requires to be followed &
complied as part of the statutory requirement of the subject job.
a) SMPV (U) Rules 1981 and all associated codes, procedures and standards associated with that.
b) All the codes, norms and procedures framed by the CCOE applicable for the Inspection & certification of the
Mounded Storage Tanks.
c) All the standards / codes applicable for the Calibration of the Mounded Storage Tanks
d) All the relevant ASTM Standards relating to the various methods of NDT methods to be employed.
f) All relevant BS / IS such as IS 2827, IS 2166, IS 2009 & IS 2168 wherever applicable.
c) Dropping of bottom spool piece and blinding of isolation valves – up stream side.
d) Flooding with water and drain till sphere is hydrocarbon free along with foundation settlement check.
e) Dropping of line ROV, spool piece with respective ROV’s and blinding of isolation valves (up stream side).
f) Blinding of all hydrocarbon entry & exit nozzles and flare line.
g) Steaming of tank through bottom line to reduce any odour, suitable for Man-entry.
h) Replace steam with air till there is no smell and oxygen content is suitable for vessel entry.
j) Man –entry is to be made only after issue of permit by GAIL’s operation & safety Deptt.
a) Scaffolding is to be made out of tubular structures (Standards scaffolding pipes of 40 mm dia.) in order to
make entire inner surface of mounded storage tanks safely accessible for visual inspection and nondestructive
testing (NDT) work. All the scaffolding material including necessary fittings, clamps, platforms has to be
arranged by the contractor at his own cost. The Engineer-In-Charge may accept better scaffolding material /
technique than that specified here in case if the contractor prefers to provide.
b) Height between two horizontal members (Pipes) of tubular structures should be 500 mm to 800 mm
(Maximum) to have ease and safety of climbing up or down by the working and inspecting personnel. In
special cases the height may have to be reduced if felt necessary by the Engineer-In-Charge. Provision must
be kept for the same.
c) Working platform or stages are to be made by steel / aluminum perforated sheets or similar material and
secured firmly. These platforms are to be provided at a vertical distances of about 1200 mm below each
circumferential seams and stiffening ring fillet (at equator level) weld joint to enable visual inspection and
NDT work in these welds and shell plate surfaces can be carried out conveniently while inspecting personnel
are standing on the platform/stages. Similar stages are to be made all around the mounded storage tanks for
the inspection and NDT of all the longitudinal seams. Platforms are also required to be built for inspection of
all nozzles including manhole-nozzle welds, temporary attachment weld points above circumferential and on
both sides of longitudinal welds.
d) A clear Gap of 50 - 70 mm should be maintained between the edge of scaffolding pipes and sidewall of shell.
In no case the pipe edges should touch shell surface except at bottom support points, where pipes should be
supported on flat plates of proper size (Flat pieces of plates to be welded at the end of the vertical
scaffolding pipes) to avoid damage to shell surfaces..
e) Suitable mobile scaffolding may also be made following applicable standards. Materials used for making the
mobile scaffolding like moving wheels, MS channel, jointing clamps etc. should be as per relevant IS
standards. Scaffolding shall be inspected by the Safety Dept of GAIL and any modifications suggested shall
have to be implemented to make the scaffolding acceptable to GAIL.
f) Suitable rigid metallic / rope ladder should be provided for landing into the platforms / stage under manhole.
g) Wooden planks, Bamboo, coir ropes, nylon ropes, cotton or any combustible material should not be used for
making scaffolding.
h) Scaffolding are to be removed only after completion of all inspection / NDT work and repairs and after
obtaining the consent of EIC
a) Buffing is to be carried out in the presence of Engineer–In–Charge of the work or his authorized
representative.
b) Loose scale, oil, dirt etc shall be removed by manual / mechanical means to the satisfaction of EIC by safe
and effective technique preferably non-spark producing.
c) For NDT, 100% of all the weld joints at circumferential and longitudinal – seams, fillet welds of stiffening and
nozzle weld are to be cleaned by buffing from inside by using electrically / pneumatically driven buffing
wheels. Shining metal is required to be exposed after buffing. The quality of buffing should meet the
requirement of inspecting agency.
d) 150 mm on either side of the weld joints shall also be cleaned on parent metal in the similar manner as above
for 100% for all weld joints.
e) Areas / places where temporary attachment such as cleats, brackets are welded, both sides of
circumferential and longitudinal seams are required to be cleaned from inside in the similar manner.
f) 2” x2” or 2” diameter areas should be cleaned by emery paper or buffing wheels in each shell petal plate
center, four corners in crown plates and at 05 -10 random locations in each petal & crown plate for ultrasonic
thickness measurement.
g) Similar cleaning is required to be done in 04 opposite side of each of the nozzle (about 2” x 2” or 2” dia area)
for thickness measurement. Some more areas may have to be cleaned depending on inspection requirement.
a) The general requirements of thickness measurement by Ultrasonic Flaw Detection shall conform to the
requirements of SMPV (U) Rules and relevant codes /standards/ specifications.
b) Ultrasonic thickness measurement equipments / flaw detection equipments and accessories as required shall
be the responsibility of the contractor. The contractor shall provide equipments and accessories of
Krautkramer make or equivalent along with recorder.
c) Ultrasonic thickness measurement shall have to be taken by using ultrasonic Thickness Meter. Ultrasonic Flaw
Detection shall be done covering points / locations so as to get a profile or wall thickness to meet the
requirements of SMPV (U) Rules and relevant codes / standards / specifications. Approximately 10-15 readings
are to be taken to get a representative profile of wall thickness of each petal and crown plates. Each location
of thickness shall be scanned and minimum thickness shall be marked on Inspection Report.
d) Thickness is to be measured on all the four sides of all the nozzles including manhole. Spots / Areas where
thickness is required to be measured will have to be cleaned by the contractor up to desired level of surface
preparation.
e) Depending on the inspection results, more thickness readings may have to be taken on all connected pipeline
of the MS Tanks as required.
The Ultrasonic Flaw Detection covering minimum of 25 % of total weld seams shall have to be done by the
contractor and this has to include the following :
a) 100 % of the “T” weld joints covering a straight length of 150 – 200 mm on either side shall be checked for
cracks / defects by ultrasonic flaw detection.
b) 100% of the nozzle welds of liquid / vapor lines and manhole shall be checked by ultrasonic flaw detection.
WFMPI is required to be carried out to detect all types of cracks / defects or such other discontinuities and
irregularities by using any / all of the following :
c) Ultraviolet light.
WFMPI method used should meet the requirements of standard / recommended practices and be in accordance
with SMPV (U) Rules 1981 and relevant codes / standards / specifications including selection of equipment and
magnetic powder. Equipment of Magnaflux or equivalent make shall be used for the job that shall be having
valid calibration certificates. All the equipments and accessories including the consumables required to carry
out WFMPI shall be in the scope of contractor.
2.3.1 WET FLUOROSCENT MANGETIC PRACTICLES INSPECTION (WFMPI ): [ Inside the MS Tank ]
a) 100% of the welds including circumferential and longitudinal seams, dish end petal joints, nozzle welds, Fillet
welds of stiffening rings, welding spot areas on which temporary attachments i.e. brackets, clamps, cleats
etc. have been fitted during fabrication are to be checked by WFMPI.
b) 150 - 200 mm parent metal on either side of all weld joints is to be covered in WFMPI.
c) Depending on the inspection findings more area in the parent metal, if required may have to be inspected and
covered by WMPFI.
All inaccessible areas which can not be covered by WFMPI should be check by D.P.Test as per the requirements
of SMPV (U) Rules 1981 and relevant codes / standards / specifications. D.P test consumables shall be in the
scope of contractor.
2.5 HARDNESS MEASUREMENT :
Hardness is to be measured as per the requirements of SMPV (U) Rules 1981 and relevant codes / standards /
specifications:
a) Hardness is to be measured on the welds joints, HAZ, parent metal / plate, Nozzle weld, and any left over
cleat and weld areas at random. Exact locations / spot for hardness measurement shall be decided on actual
job at site.
b) Hardness shall be measured by high sensitive non indentation type measuring equipment of Krautkramer make
or equivalent. The Hardness measuring equipment to be used shall have the facility of recording, storing and
formatting the recorded readings.
The hydrostatic testing shall be carried out as per SMPV (U) Rules -1981 for which the procedure in brief is as
follows : -
b) Necessary arrangement including blinding of entry & exit nozzles, Instrumentation Connections, Water
Connection, Water Filling, providing calibrated pressure gauges ( Range 0-35 Kg/cm2 and 0-40 /cm2 etc. )
are to be done to facilitate hydrostatic testing .
c) Two calibrated pressure gauges one near the test pump and other at the top of the MS Tank are to be
provided by the contractor. Also two pressure gauges are to kept at site as stand by .
d) Settlement of the tank is to be checked and noted during water filling by suitable means for which
arrangement shall be made by contractor. Settlement to be noted after filling 50% of the MS Tank and at
further steps of 10% each. Proposed arrangements shall have to be discussed with Engineer-In-Charge
before starting the work of filling water for Hydro testing.
e) Pressure should be raised up to 50% of test pressure and held for 30 minutes and then gradually raised at a
step of 10% up to the test pressure. Test will be witnessed by GAIL / Competent Person approved by CCOE
/ other expert(s) in this field and should be done to their satisfaction.
f) Entire inspection work shall be done as per the instruction of Engineer-In-Charge. Procedure and
Methodology shall be discussed with Engineer-In-Charge for consent / approval before staring any NDT and
hydro test.
g) Suitable filling and pressure pump for above hydrostatic testing shall be arranged by contractor.
a) Radiography shall be carried out for confirming the defects if any observed during the inspection of the MS
Tanks or as directed by engineer in-charge.
b) In the radiographs, locations of weld joints (circumferential / Longitudinal) are to be clearly marked for
future reference.
c) Once the radiography job is over the films used shall be handed over to the Engineer-In-Charge along with
the report with interpretation of the findings.
In case during Inspection and NDT, any cracks / defects are noticed then the contractor has to undertake the
repair of the same, after the permission to undertake such repairs has been accorded by CCOE Nagpur, which
shall have to be arranged by the contractor.
2.8 Any other Tests / Jobs:
a) Any other testing / inspection job which is not described above and is required under SMPV (U) Rules 1981
for certification and re-certification of the Mounded Storage Tanks are to be carried out by the contractor
and the same shall be deemed to be included in the total quoted rates and scope of work. However, any
licensing fee to be paid / paid to CCOE, Nagpur for re-certification shall be reimbursed by GAIL to the
contractor at actual on production of proof / receipt from CCOE, Nagpur.
b) In case of any non conformity / non compliance, of any NDT reading(s), the same shall be addressed with
proper codes / standards / procedures / other approved documents and suitable measures required to be
undertaken to correct the non conformity be suggested and evolved for making the vessel suitable for
further use including any liasoning work with concerned authorities shall have to be done by the
contractor.
c) GAIL may engage at it’s own discretion and cost a third party inspection agency to witness and monitor the
inspection & testing jobs being carried out by the contractor.
a) All the repairs shall be carried out strictly in accordance with the requirements of SMPV (U) Rules 1981 and
the relevant codes / standards / specifications and it shall be the responsibility of the contractor to ensure
that all the repair and repair related jobs are done as per the procedures mentioned in the relevant codes
and standards.
b) The contractor shall also ensure that all the necessary preventive / safety measures are taken in order to
prevent any further damage to the MS Tank while carrying out repair jobs if any.
a) If any crack / flaw of minor nature has been noticed during the NDT / WFMPI Inspection, the contractor
shall undertake suitable repairs of the same.
b) Once any crack / flaw has been noticed, the depth of the same shall be assessed by the UT method with
requisite sensitivity as per ASME code Section VIII Division 1 & 2. All the cracks having depth lesser than
the corrosion allowance provided for, shall be removed by grinding.
If in the opinion of the CCOE / competent third party inspection authority, any defects / cracks needs to be
repaired by welding and stress relieving, the contractor shall carry out such repair jobs as per repair
procedures duly approved by the CCOE, Nagpur thro’ CCOE approved welders / fabricators. However, GAIL
may at it’s discretion can get these repairs done thro’ any other repairing agency / welder / fabricator which
are duly approved by the CCOE.
All the documents and the final report shall be submitted in quadruplicate in properly bound form for each MS
Tank. With out the submission of the final reports, the job shall be considered as incomplete and payment
shall be withheld as per relevant clauses of the “Payment Terms” referred in the SCC.
Annexure-C
1.0 The major dimensions of the Mounded Storage tanks are as follows :
Materials of construction
22. Electrical items to be provided by the contractor for the above job.
GAIL shall provide power connection of 415 ,3 phase ,250 A at one place in safe area( 30 mts from
mounded storage) near Mounded storage for all electrical / NDT equipments. The contractor has to
make arrangements to carry the power to their requirement with supply of sufficient cable of
appropriate size and sub distribution boards as per hazardous area safety rules and regulation. No
loose connection or cable joints are allowed in the vicinity of mounded storage.
2. Dip tape with dip wt., 10 M length, make Ritcher Metri, as required
Germany or equivalent
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Signature of contractor
Note. : Contractor must submit the above information with the technical portion of bid. The above mentioned
manpower must be on the roll of contractor as on date of submission of bid and liable to be verified by checking
records of contractor.
ANNEXURE – I
To,
Dear Sir,
This is to confirm that we M/s ……………………………………………………. (Name of the Organization) are having
Savings / Current Account No. ………………………. with ………………………………………… (Name of the Bank)
…………….…………….. (Branch Name) …………… (Branch Code), to which payments, if any due to us, can be
released electronically.
Thanking You.
for………………………………………..
Note: The above format should be on letter head of the organization mentioning E-mail ID/Fax No. of the
contact person.
ANNEXURE –II
Dated / /200
TO,
Maharashtra
PIN : 402203
2 VENDOR NO.
3 ADDRESS 1
4 ADDRESS 2
5 ADDRESS 3
9 LOCATION / ADDRESS
10 BANK ACCOUNT NO
11 E-MAIL ADDRESS
I here by certify that I have understood the terms & conditions and give my consent for remmitting payments
through NEFT / RTGS. I enclose herewith Certificate from Bank / Copy of Pass Book as a proof of my Account No.
REF
Bank Guarantee No.
Date :
To
GAIL (India) Ltd.
LPG Recovery Plant, Usar
Tal. : Alibag, Dist. : Raigad,
Pin : 402 203.
Maharashtra
Dear Sirs,
In consideration of the GAIL (India) limited, LPG, USAR (herein referred to as the purchaser which expression shall
unless repugnant to the context or meaning thereof include successors, administrators and assigns) having
awarded to M/s. __________________________ having principal office at _____________________ (hereinafter
referred to as the “SELLER” which expression shall unless repugnant to the context or meaning thereof include
their respective successors, administrators, executors and assigns) the supply of
_________________________________ by issue of Purchaser Purchase Order No. ____________ dated
_________ and the same having been accepted by the Seller resulting into CONTRACT for supplies of materials /
equipments as per above referred Purchase Order having a total value of _______ for the complete supply of
materials / equipments and the SELLER having agreed to provide a Contract Performance and warranty guarantee
for faithfully performance of the aforementioned Contract and warrantee to quality _______ to Purchaser.
We (Bank) ___________________________ having Head Office at (hereinafter referred to as the Bank, which
expressly shall unless repugnant to the context or meaning thereof include successors, administrators, executors
and assigns) do hereby guarantee to undertake to pay the PURCHASER or demand any all moneys payable by the
Seller to the extent of 10% (ten percent) of the Contract Prices as aforesaid at any time up to
________________________ without any demur, reservation, context, recourse or protest and /or without any
reference to the SELLER. Any such demand made by PURCHASER on bank shall be conclusive and binding not with
standing any difference between PURCHASER and SELLER or any dispute before any Court, Tribunals, arbitrators or
any other Authority.
The bank undertakes not to revoke this guarantee during its currency without previous consent of PURCHASER and
further agrees that the guarantee herein contained shall continue to be enforceable till the PURCHASER discharges
this guarantee. PURCHASER shall have the fullest liberty without affecting in any way the liability of the BANK
under this guarantee from time to time to extend the time of performance by SELLER of the aforementioned
CONTRACT. PURCHASER shall have the fullest liberty, without affecting this guarantee, to postpone from time to
time the exercise of any power vested in them or of any right which they might have against SELLER, and to
exercise the same at any time in any manner, and either to enforce or to forebear any covenants contained or
implied in the aforementioned CONTRACT between PURCHASER and SELLER or any other course of remedy or
security available to PURCHASER. The BANK shall not be released of its obligations under these presents by any
exercise by PURCHASER of its liability with reference to the matters aforesaid or any of them or by reason or any
other acts of omission or commission on the part of PURCHASER or any other indulgence show by PURCHASER or
by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving
the BANK.
The Bank also agrees that PURCHASER at its option shall be entitled to enforced this guarantee against the Bank,
as a Principal debtor, in the first instance without proceeding against SELLER and notwithstanding any security or
other guarantee that PURCHASER may have in relation to the SELLER’s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is restricted to AND it shall
remain in forte up to and including ________ and shall be extended from time to time for such period as may be
desired by the SELLER on whose behalf this Guarantee has been given.
The Bank Guarantee’s payment of an amount is payable on demand and in any case within 24 hours of the
presentation of the letter of invocation of Bank Guarantee. Should the banker fail to release payment on demand, a
penal interest of 24% per annum shall become payable immediately and any dispute arising out of or in relation to
the said Bank Guarantees shall be subjected to the jurisdiction of Alibag Courts.
Therefore, we here by a firm that we are guarantor and responsible to you on behalf of the Seller up to a total
amount of (amount of guarantee in words and figures) and we undertake to pay you upon your first written
demand declaring the seller to be in default under the contract and without caveat or argument, any sum or sums
within the limits of (amount of guarantee) as aforesaid : without your needing to prove or show grounds or reasons
for your demand or the sum specified therein.
We have power to issue this guarantee in your favour under memorandum and Article of Association and the
undersigned has full powers to do so under the Power of Attorney / Resolution of the Bank of Directors dated
__________ accorded to him by bank.
WITNESS (SIGNATURE)
(SIGNATURE) BANKER’S RUBBER STAMP
(NAME) (NAME)
STAMP Designation with bank stamp
As per Power of Attorney/
(OFFICIAL SEAL) Resolution Board of Director
Date :
-~~'~ ~
@
'
-, ,...,
.JIWio.:'
,
"
I'
"
~~-,'
1 involvemcnt of nil our cmployc~ and p~ctive apprOO(;hfor meeting legal and other requirements.
: ) n this p(,.'~rspccljvt:,we shall:
'./ Ensure etle.ctivc and cfficient operation and mainte::nance of LPG RccovCT)' Pmnt so a-; lo produce
~pt;;o..:ill~quality of LPG and maintain high producti,'ilY.
./ Cl1mply widl ~111appJicahlc Environmental Ic~islul;ons. statutes and rdC\'ant !:.'lJidcliocsJ'requirements
viL. OISD standards clC,
.,- Adc)pt safe ,"\-<Icoo-1i'icndl)' technology. 5Ustenancc of 1111:cl\\'irunrn~t and promotion of cco-fTtcooly
sch<:m~. sound design aod cngineering. and management pruclices and to strive to exeel upon thc..'1TI
contimwH;:r' by Se'tling o~iectives and targets for improying. mcusuring.. appraising.. reporting and
reviewing quality and clI\'iromoent performances..
.,' f)rcvcnl pollution and adl.1pl suitl1b]~ eQnlrol me.3surcs for significant aspect... and ha:L.ardsand their likely
<;(lns.c-qucnres..
.,..' Continuously work towaru cu~omer salisJi'k..1.io[LcO1)s~r\'atiQOof natural rcsoUTCC:Sand cle\'~k>plnent of
,!?Jccnbett.
,..' Imp.'trt training and awareness among ernplo)'ee$. contractors. s.uppliers and other jn~h::d parti~
I towards cnyimnmcnt protection, safe: (~Iiun and quick rcspons.<: during emergency.
!1 ,/ Carry out audits and re...i~ on regular ba is to ensure systems are in place. updated and continually
I improved to fultlllthc commitment a...stated.
~./ C()mmunjcat~ this policy to all employee... to promote ami incuh;al~ culture. values and attitude
, I.:unduciveto a~hjcvc excellence in ()uali1y and 1-.n\'ironmC:..'11ta\
performance.
I ~\D\Q\\~b
DATfo:: 10.01.2006 C. SA TV ANARA YANA
OFFICER IN <.:HAR(;r..
Note--. Intemted partj~ may collect tb~ PotiCJ fmm M~n~cmtn1 Re-presentati-n.
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT
(To be stamped in accordance with the Stamp Act)
To,
GAIL (INDIA) LTD.
LPG RECOVERY PLANT, USAR, P.O. MALYAN,
ALIBAG 402 203 RAIGAD (M.S.)
In witness whereof the Bank through its authorized officer, has set its hand and stamp on this -
day of 20
at
TO,
Dated /200-
MIS GAIL (INDIA) LIMITED
Maharashtra
PIN 402203
2 VENDOR NO.
3 ADDRESS 1
4 ADDRESS 2
5 ADDRESS 3
9 LOCATION / ADDRESS
10 BANK ACCOUNT NO
11 E-MAIL ADDRESS
I hereby certify that I have understood the Terms & Conditions& give my consent for remmitting payments
through NEFT/RTGS.I enclose herewith Certificate from Bank! Copy of PassBook as a proof of my Account No.
SECTION- I DEFINITIONS
1. Definition of Terms: 1.1 In this CONTRACT (as here-in-after defined) the following words
and expressions shall have the meanings hereby assigned to them
except where the context otherwise required.
1.1.4 The "WORK" shall mean and include all items and things to be
supplied/ done and services and activities to be performed by the
CONTRACTOR in pursuant to and in accordance with
CONTRACT or part thereof as the case may be and shall include
all extra, additional, altered or substituted works as required for
purpose of the CONTRACT.
1.1.5 The "PERMANENT WORK" means and includes works which will
be incorporated in and form a part of the work to be handed over
to the EMPLOYER by the CONTRACTOR on completion of the
CONTRACT.
1
General Conditions of Contract
1.1.12 The "DRAWINGS" shall include maps, plans and tracings or prints
or sketches thereof with any modifications approved in writing by
the ENGINEER- IN-CHARGE and such other drawing as may,
from time to time, be furnished or approved in writing by the
ENGINEER-IN-CHARGE.
2
General Conditions of Contract
1.1.20 "PLANS" shall mean all maps, sketches and layouts as are
incorporated in the CONTRACT in order to define broadly the
scope and specifications of the work or works, and all
reproductions thereof.
1.1.21 "SITE" shall mean the lands and other places on, under, in or
through which the permanent works are to be carried out and any
other lands or places provided by the EMPLOYER for the purpose
of the CONTRACT.
3
General Conditions of Contract
2. General Information 2.1 a) Location of Site: The proposed location of Project site is defined
in the Special Conditions of Contract.
2.3 Water Supply: Contractor will have to make his own arrangements
for supply of water to his labour camps and for works. All pumping
installations, pipe net work and distribution system will have to be
carried out by the Contractor at his own risk and cost.
4
General Conditions of Contract
provided the Contractor makes his own arrangement for the water
meter which shall be in custody of the Employer and other pipe
net works from source of supply and such distribution pipe
network shall have prior approval of the Engineer-in-Charge so as
not to interfere with the layout and progress of the other
construction works. In such case, the rate for water shall be
deducted from the running account bills.
2.4.3 At all times, IEA regulations shall be followed failing which the
EMPLOYER has a right to disconnect the power supply without
any reference to the CONTRACTOR. No claim shall be
entertained for such disconnection by the
ENGINEER-IN-CHARGE. Power supply will be reconnected only
after production of fresh certificate from authorized electrical
supervisors.
2.4.4 The EMPLOYER is not liable for any loss or damage to the
CONTRACTOR's equipment as a result of variation in voltage or
frequency or interruption in power supply or other loss to the
CONTRACTOR arising therefrom.
5
General Conditions of Contract
2.4.6 The power supply required for CONTRACTOR's colony near the
plant site will be determined by the EMPLOYER and shall be as
per State Electricity Board's Rules and other statutory provisions
applicable for such installations from time to time. In case of
power supply to CONTRACTOR's colony, the power will be made
available at a single point and the CONTRACTOR shall make his
own arrangement at his own cost for distribution to the occupants
of the colony as per Electricity Rules and Acts. The site and
colony shall be sufficiently illuminated to avoid accidents.
2.4.7 The CONTRACTOR will have to provide and install his own lights
and power meters which will be governed as per Central/State
Government Electricity Rules. The metres shall be sealed by the
EMPLOYER.
2.4.10 The CONTRACTOR shall ensure at his cost that all electrical lines
and equipment and all installations are approved by the State
Electricity Inspector before power can be supplied to the
EMPLOYER.
2.5 Land for Contractor’s Field Office, Godown and Workshop: The
EMPLOYER will, at his own discretion and convenience and for
the duration of the execution of the work make available near the
site, land for construction of CONTRACTOR's Temporary Field
Office, godowns workshops and assembly yard required for the
execution of the CONTRACT. The CONTRACTOR shall at his
own cost construct all these temporary buildings and provide
suitable water supply and sanitary arrangement and get the same
approved by the ENGINEER-IN-CHARGE.
6
General Conditions of Contract
3. Submission of Tender: 3.1 TENDER must be submitted without making any additions,
alterations, and as per details given in other clauses hereunder.
The requisite details shall be filled in by the TENDERER at space
provided under “Submission of Tender at the beginning of GCC of
Tender Document. The rate shall be filled only in the schedule
given in this Tender Document.
7
General Conditions of Contract
ix) Latest Balance Sheet and Profit & Loss Account duly
audited.
8
General Conditions of Contract
4.5.1 The TENDERER shall contain the name, residence and place of
business of person or persons making the tender and shall be
signed by the TENDERER with his usual signature. Partnership
firms shall furnish the full names of all partners in the tender. It
should be signed in the partnership's name by all the partners or
by duly authorised representatives followed by the name and
designation of the person signing. Tender by a corporation shall
be signed by an authorised representative, and a Power of
Attorney in that behalf shall accompany the tender. A copy of the
constitution of the firm with names of all partners shall be
furnished.
9
General Conditions of Contract
6. Earnest Money: 6.1 The bidder must pay Earnest Money as given in the letter /notice
inviting tenders and attach the official receipt with the tender failing
which the tender is liable to be rejected and representatives of
such tenderers will not be allowed to attend the tender opening.
Earnest Money can be paid in Demand Drafts or Bank Guarantee
or Banker’s Cheque or Letter of Credit from any Indian scheduled
bank or a branch of an International bank situated in India and
registered with Reserve Bank of India as scheduled foreign
bank. However, other than the Nationalised Indian Banks, the
banks whose BGs are furnished, must be commercial banks
having net worth in excess of Rs. 100 crores and a declaration
to this effect should be made by such commercial bank either in
the bank guarantee itself or separately on a letter head.
10
General Conditions of Contract
7 Validity: 7.1 Tender submitted by tenderers shall remain valid for acceptance
for a period of "4 MONTHS" from the date of opening of the
tender. The tenderers shall not be entitled during the said period
of 4 months, without the consent in writing of the EMPLOYER, to
revoke or cancel his tender or to vary the tender given or any term
thereof. In case of tender revoking or canceling his tender or
varying any term in regard thereof without the consent of
EMPLOYER in writing, the EMPLOYER shall forfeit Earnest
Money paid by him alongwith tender.
9 Right of Employer to 9.1 The right to accept the tender will rest with the EMPLOYER. The
Accept or Reject Tender: EMPLOYER, however, does not bind himself to accept the lowest
tender, and reserves to itself the authority to reject any or all the
tenders received without assigning any reason whatsoever. At the
option of the Employer, the work for which the tender had been
invited, may be awarded to one Contractor or split between more
than one bidders, in which case the award will be made for only
that part of the work, in respect of which the bid has been
accepted. The quoted rates should hold good for such
eventualities.
10 Time Schedule 10.1 The WORK shall be executed strictly as per the TIME SCHEDULE
specified in TENDER/CONTRACT Document. The period of
construction given in Time Schedule includes the time required for
mobilisation as well as testing, rectifications if any, retesting and
completion in all respects to the entire satisfaction of the
ENGINEER-IN- CHARGE.
11
General Conditions of Contract
11 Tenderer’s Responsibility 11.1 The intending tenderers shall be deemed to have visited the SITE
and familiarised submitting the tender. Non-familiarity with the
site conditions will not be considered a reason either for extra
claims or for not carrying out the works in strict conformity with the
DRAWINGS and SPECIFICATIONS or for any delay in
performance.
12 Retired Government or 12.1 No Engineer of Gazetted rank or other Gazetted Officer employed
Company Officers in Engineering or Administrative duties in an Engineering
Department of the States/ Central Government or of the
EMPLOYER is allowed to work as a CONTRACTOR for a period
of two years after his retirement from Government Service, or from
the employment of the EMPLOYER without the previous
permission of the EMPLOYER. The CONTRACT, if awarded, is
liable to be cancelled if either the CONTRACTOR or any of his
employees is found at any time to be such a person, who has not
obtained the permission of the State/Central Government or of the
EMPLOYER as aforesaid before submission of tender, or
engagement in the CONTRACTOR'S service as the case may be.
13 Signing of the Contract: 13.1 The successful tenderer shall be required to execute an
AGREEMENT in the proforma attached with TENDER
DOCUMENT within 15 days of the receipt by him of the
Notification of Acceptance of Tender. In the event of failure on
the part of the successful tenderer to sign the AGREEMENT within
the above stipulated period, the Earnest Money or his initial
deposit will be forefeited and the acceptance of the tender shall be
considered as cancelled.
14 Field Management & 14.1 The field management will be the responsibility of the
Controlling/Coordinating ENGINEER-IN-CHARGE, who will be nominated by the
Authority: EMPLOYER. The ENGINEER-IN-CHARGE may also authorise
his representatives to assist in performing his duties and functions.
12
General Conditions of Contract
15 Note to Schedule of 15.1 The Schedule of Rates should be read in conjunction with all the
Rates: other sections of the tender.
15.4 The quantities shown against the various items are only
approximate. Any increase or decrease in the quantities shall not
form the basis of alteration of the rates quoted and accepted.
15.5 The EMPLOYER reserves the right to interpolate the rates for such
items of work falling between similar items of lower and higher
magnitude.
16 Policy for Tenders Under 16.1 Only Those Tenders which are complete in all respects and are
Consideration: strictly in accordance with the Terms and Conditions and
Technical Specifications of Tender Document, shall be considered
for evaluation. Such Tenders shall be deemed to be under
consideration immediately after opening of Tender and until such
time an official intimation of acceptance /rejection of Tender is
made by GAIL to the Bidder.
17 Award of Contract: 17.1 The Acceptance of Tender will be intimated to the successful
Tenderer by GAIL either by Telex/ Telegram/ Fax or by Letter or
like means-defined as LETTER OF ACCEPTANCE OF TENDER.
17.2 GAIL will be the sole judge in the matter of award of CONTRACT
and the decision of GAIL shall be final and binding.
18 Clarification of Tender 18.1 The Tender is required to carefully examine the Technical
Document: Specifications, Conditions of Contract, Drawings and other details
relating to WORK and given in Tender Document and fully inform
himself as to all conditions and matters which may in any way
affect the WORK or the cost thereof. In case the Tenderer is in
doubt about the completeness or correctness of any of the
contents of the Tender Documents he should request in writing for
an interpretation/clarification to GAIL in triplicate. GAIL will then
13
General Conditions of Contract
19 Local Conditions: 19.1 It will be imperative on each tenderer to inform himself of all local
conditions and factors which may have any effect on the execution
of WORK covered under the Tender Document. In their own
interest, the tenderer are requested to familiarise themselves with
the Indian Income Tax Act 1961, Indian Companies Act 1956,
Indian Customs Act 1962 and other related Acts and Laws and
Regulations of India with their latest amendments, as applicable
GAIL shall not entertain any requests for clarifications from the
tenderer regarding such local conditions.
19.2 It must be understood and agreed that such factors have properly
been investigated and considered while submitting the tender. No
claim for financial or any other adjustments to VALUE OF
CONTRACT, on lack of clarity of such factors shall be entertained.
20 Abnormal Rates: 20.1 The tenderer is expected to quote rate for each item after careful
analysis of cost involved for the performance of the completed
item considering all specifications and Conditions of Contract.
This will avoid loss of profit or gain in case of curtailment or
change of specification for any item. In case it is noticed that the
rates quoted by the tenderer for any item are unusually high or
unusually low, it will be sufficient cause for the rejection of the
tender unless the EMPLOYER is convinced about the
reasonableness after scrutiny of the analysis for such rate(s) to be
furnished by the tenderer (on demand).
21 Priority of Contract 21.1 Except if and the extent otherwise provided by the Contract, the
Documents provisions of the General Conditions of Contract and Special
Conditions shall prevail over those of any other documents
forming part of the CONTRACT. Several documents forming the
CONTRACT are to be taken as mutually explanatory of one
another, but in case of ambiguities or discrepancies the same
shall be explained and adjusted by the ENGINEER-IN-CHARGE
who shall thereupon issue to the Contractor instructions thereon
and in such event, unless otherwise provided in the Contract, the
priority of the documents forming the Contract shall be as follows :
14
General Conditions of Contract
21.2 Headings and Marginal Notes: All headings and marginal notes to
the clauses of these General Conditions of Contract or to the
SPECIFICATIONS or to any other Tender Document are solely
for the purpose of giving a concise indication and not a summary
of the contents thereof, and they shall never be deemed to be part
thereof or be used in the interpretation or construction thereof the
CONTRACT.
22 Special Conditions of 22.1 Special Conditions of Contract shall be read in conjunction with
Contract: the General Conditions of Contract, specification of Work,
Drawings and any other documents forming part of this
CONTRACT wherever the context so requires.
22.5 The materials, design and workmanship shall satisfy the relevant
INDIAN STANDARDS, the JOB SPECIFICATIONS contained
herein and CODES referred to. Where the job specification
stipulate requirements in addition to those contained in the
standard codes and specifications, these additional requirements
shall also be satisfied.
23 Contractor to obtain his 23.1 The CONTRACTOR in fixing his rate shall for all purpose
own Information: whatsoever reason may be, deemed to have himself
independently obtained all necessary information for the purpose
of preparing his tender and his tender as accepted shall be
deemed to have taken into account all contingencies as may arise
15
General Conditions of Contract
16
General Conditions of Contract
24 Contract Performance 24.1 The CONTRACTOR shall furnish to the EMPLOYER, within 15
Security: days from the date of notification of award, a security in the sum
of 10% of the accepted value of the tender or the actual value of
work to be done whichever is applicable due to any additional
work or any other reasons, in the form of a Bank draft/Banker’s
cheque or Bank Guarantee or irrevocable Letter of credit (as per
proforma enclosed) as Contract Performance Security with the
EMPLOYER which will be refunded after the expiry of DEFECTS
LIABILITY PERIOD.
17
General Conditions of Contract
18
General Conditions of Contract
27 Price reduction 27.1 Time is the essence of the CONTRACT. In case the
schedule: CONTRACTOR fails to complete the WORK within the stipulated
period, then, unless such failure is due to Force Majeure as
defined in Clause 26 here above or due to EMPLOYER's
defaults, the Total Contract price shall be reduced by ½ % of the
total Contract Price per complete week of delay or part thereof
subject to a maximum of 5 % of the Total Contract Price, by way
of reduction in price for delay and not as penalty. The said
amount will be recovered from amount due to the Contractor/
Contractor’s Contract Performance Security payable on demand.
27.2 All sums payable under this clause is the reduction in price due to
delay in completion period at the above agreed rate.
19
General Conditions of Contract
28 Rights of the employer to 28.1 Whenever any claim against the CONTRACTOR for the payment
forfeit contract of a sum of money arises out or under the CONTRACT, the
performance security: EMPLOYER shall be entitled to recover such sum by
appropriating in part or whole the Contract Performance Security
of the CONTRACTOR. In the event of the security being
insufficient or if no security has been taken from the
CONTRACTOR, then 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. The CONTRACTOR shall pay to the
EMPLOYER on demand any balance remaining due.
29 Failure by the contractor 29.1 If the CONTRACTOR refuses or fails to execute the WORK or
to comply with the any separate part thereof with such diligence as will ensure its
provisions of the completion within the time specified in the CONTRACT or
contract: extension thereof or fails to perform any of his obligation under
the CONTRACT or in any manner commits a breach of any of
the provisions of the CONTRACT it shall be open to the
EMPLOYER at its option by written notice to the CONTRACTOR:
20
General Conditions of Contract
29.4 The EMPLOYER shall also have the right to proceed or take
action as per 29.1(a) or (b) above, in the event that the
CONTRACTOR becomes bankrupt, insolvent, compounds with
his creditors, assigns the CONTRACT in favour of his creditors
or any other person or persons, or being a company or a
corporation goes into voluntary liquidation, provided that in the
said events it shall not be necessary for the EMPLOYER to give
any prior notice to the CONTRACTOR.
30 Contractor remains liable 30.1 In any case in which any of the powers conferred upon the
to pay compensation if EMPLOYER BY CLAUSE 29.0 thereof shall have become
21
General Conditions of Contract
action not taken under exercisable and the same had not been exercised, the
clause 29: non-exercise thereof shall not constitute a waiver of any of the
conditions hereof and such powers shall notwithstanding be
exercisable in .the event of any further case of default by the
CONTRACTOR for which by any clause or clauses hereof he is
declared liable to pay compensation amounting to the whole of
his Contract Performance Security, and the liability of the
CONTRACTOR for past and future compensation shall remain
unaffected. In the event of the EMPLOYER putting in force the
power under above sub-clause (a), (b) or (c) vested in him under
the preceding clause he may, if he so desired, take possession of
all or any tools, and plants, materials and stores in or upon the
works or the site thereof belonging to the CONTRACTOR or
procured by him and intended to be used for the execution of the
WORK or any part thereof paying or allowing for the same in
account at the CONTRACT rates or in case of these not being
applicable at current market rates to be certified by the
ENGINEER-IN-CHARGE whose certificate thereof shall be final,
otherwise the ENGINEER-IN- CHARGE may give notice in
writing to the CONTRACTOR or his clerk of the works, foreman
or other authorised agent, requiring him to remove such tools,
plant, materials or stores from the premises (within a time to be
specified in such notice), and in the event of the CONTRACTOR
failing to comply with any such requisition, the
ENGINEER-IN-CHARGE may remove them at the
CONTRACTOR's expense or sell them by auction or private sale
on account of the CONTRACTOR and at his risk in all respects
without any further notice as to the date, time or place of sale and
the certificate of the ENGINEER-IN-CHARGE as to the expenses
of any such removal and the amount of the proceeds and
expenses of any such sale shall be final and conclusive against
the CONTRACTOR.
31 Change in constitution: 31.1 Where the CONTRACTOR is a partnership firm, the prior
approval of the EMPLOYER shall be obtained in writing, before
any change is made in the constitution of the firm. Where the
CONTRACTOR is an individual or a Hindu undivided family
business concern, such approval as aforesaid shall,likewise be
obtained before such CONTRACTOR enters into any agreement
with other parties, where under, the reconstituted firm would have
the right to carry out the work hereby undertaken by the
CONTRACTOR. In either case if prior approval as aforesaid is
not obtained, the CONTRACT shall be deemed to have been
allotted in contravention of clause 37 hereof and the same action
may be taken and the same consequence shall ensure as
provided in the said clause.
22
General Conditions of Contract
34 Employer not bound by 34.1 The CONTRACTOR shall not be entitled to any increase on the
personal scheduled rates or any other right or claim whatsoever by reason
representations: of any representation, explanation statement or alleged
representation, promise or guarantees given or alleged to have
been given to him by any person.
35 Contractor's office at 35.1 The CONTRACTOR shall provide and maintain an office at the
site: site for the accommodation of his agent and staff and such office
shall be open at all reasonable hours to receive instructions,
notice or other communications. The CONTRACTOR at all time
shall maintain a site instruction book and compliance of these
shall be communicated to the ENGINEER-IN CHARGE from time
to time and the whole document to be preserved and handed
over after completion of works.
23
General Conditions of Contract
36 Contractor's subordinate 36.1 The CONTRACTOR, on or after award of the WORK shall name
staff and their conduct and depute a qualified engineer having sufficient experience in
carrying out work of similar nature, to whom the equipments,
materials, if any, shall be issued and instructions for works given.
The CONTRACTOR shall also provide to the satisfaction of the
ENGINEER-IN- CHARGE sufficient and qualified staff to
superintend the execution of the WORK, competent sub-agents,
foremen and leading hands including those specially qualified by
previous experience to supervise the types of works comprised in
the CONTRACT in such manner as will ensure work of the best
quality, expeditious working. Whenever in the opinion of the
ENGINEER-IN- CHARGE additional properly qualified
supervisory staff is considered necessary, they shall be
employed by the CONTRACTOR without additional charge on
accounts thereof. The CONTRACTOR shall ensure to the
satisfaction of the ENGINEER-IN-CHARGE that
SUB- CONTRACTORS, if any, shall provide competent and
efficient supervision, over the work entrusted to them.
24
General Conditions of Contract
37 Sub-letting of works: 37.1 No part of the CONTRACT nor any share or interest therein shall
in any manner or degree be transferred, assigned or sublet by
the CONTRACTOR directly or indirectly to any person, firm or
corporation whatsoever without the consent in writing, of the
ENGINEER/EMPLOYER except as provided for in the
succeeding sub-clause.
25
General Conditions of Contract
38 Power of entry: 38.1 If the CONTRACTOR shall not commence the WORK in the
manner previously described in the CONTRACT documents or if
he shall at any time in the opinion of the ENGINEER-I
N-CHARGE.
ii) fail to carry out the WORK in accordance with the Time
Schedule, or
iv) fail to carry out and execute the WORK to the satisfaction of
the ENGINEER-IN-CHARGE, or
then in any such case, the EMPLOYER shall have the power to
enter upon the WORK and take possession thereof and of the
materials, temporary WORK, construction plant, and stock
thereon, and to revoke the CONTRACTOR's licence to use the
same, and to complete the WORK by his agents, other
CONTRACTORS or workmen or to relate the same upon any
terms and to such other person, firm or corporation as the
26
General Conditions of Contract
27
General Conditions of Contract
40 Other agencies at site: 40.1 The CONTRACTOR shall have to execute the WORK in such
place and conditions where other agencies will also be engaged
for other works such as site grading, filling, and levelling,
electrical and mechanical engineering works, etc. No claim shall
be entertained due to WORK being executed in the above
circumstances.
42 Right of various 42.1 i) The EMPLOYER reserves the right to distribute the work
interests: between more than one agency(ies). The
CONTRACTOR shall cooperate and afford other
agency(ies) reasonable opportunity for access to the
WORK for the carriage and storage of materials and
execution of their works.
43 Patents and royalties: 43.1 The CONTRACTOR, if licensed under any patent covering
equipment, machinery, materials or compositions of matter to be
used or supplied or methods and process to be practised or
employed in the performance of this CONTRACT, agrees to pay
all royalties and licence fees which may be due with respect
thereto. If any equipment, machinery, materials, composition of
matters, be used or supplied or methods and processes to be
practised or employed in the performance of this CONTRACT,is
covered by a patent under which the CONTRACTOR is not
licensed then the CONTRACTOR before supplying or using the
equipment, machinery materials, composition method or
processes shall obtain such licences and pay such royalties and
licence fees as may be necessary for performance of this
CONTRACT. In the event the CONTRACTOR fails to pay any
such royalty or obtain any such licence, any suit for infringement
of such patents which is brought against the CONTRACTOR or
the EMPLOYER as a result such failure will be defended by the
CONTRACTOR at his own expense and the CONTRACTOR will
pay any damages and costs awarded in such suit. The
CONTRACTOR shall promptly notify the EMPLOYER if the
CONTRACTOR has acquired the knowledge of any plant under
28
General Conditions of Contract
44 Liens: 44.1 If, at any time there should be evidence or any lien or claim for
which the EMPLOYER might have become liable and which is
chargeable to the CONTRACTOR, the EMPLOYER shall have
the right to retain out of any payment then due or thereafter to
become due an amount sufficient to completely indemnify the
EMPLOYER against such lien or claim and if such lien or claim
be valid, the EMPLOYER may pay and discharge the same and
deduct the amount so paid from any money which may be or
may become due and payable to the CONTRACTOR. If any lien
or claim remain unsettled after all payments are made, the
CONTRACTOR shall refund or pay to the EMPLOYER all money
that the latter may be compelled to pay in discharging such lien
or claim including all costs and reasonable expenses.
EMPLOYER reserves the right to do the same.
29
General Conditions of Contract
44.3 The final payment shall not become due until the CONTRACTOR
delivers to the ENGINEER-IN-CHARGE a complete release or
waiver of all liens arising or which may arise out of his agreement
or receipt in full or certification by the CONTRACTOR in a form
approved by ENGINEER-IN-CHARGE that all invoices for labour,
materials, services have been paid in lien thereof and if required
by the ENGINEER-IN-CHARGE in any case an affidavit that so
far as the CONTRACTOR has knowledge or information the
releases and receipts include all the labour and material for which
a lien could be filled.
45 Delays by employer or 45.1 In case the CONTRACTOR's performance is delayed due to any
his authorised agents: act or omission on the part of the EMPLOYER or his authorised
agents, then the CONTRACTOR shall be given due extension of
time for the completion of the WORK, to the extent such omission
on the part of the EMPLOYER has caused delay in the
CONTRACTOR's performance of his WORK.
46 Payment if the contract is 46.1 If the CONTRACT shall be terminated as per Tender pursuant to
terminated: Clause no. 29 of GCC, the CONTRACTOR shall be paid by the
EMPLOYER in so far as such amounts or items shall not have
already been covered by payments of amounts made to the
CONTRACTOR for the WORK executed and accepted by
ENGINEER-IN-CHARGE prior to the date of termination at the
rates and prices provided for in the CONTRACT and in addition
to the following:
30
General Conditions of Contract
47 No waiver of rights: 47.1 Neither the inspection by the EMPLOYER or any of their officials,
employees, or agents nor any order by the EMPLOYER for
payment of money or any payment for or acceptance of the
whole or any part of the Work by the EMPLOYER nor any
extension of time, nor any possession taken by EMPLOYER
shall operate as a waiver of any provision of the CONTRACT, or
of any power herein reserved to the EMPLOYER, or any right to
damages herein provided, nor shall any waiver of any breach in
the CONTRACT be held to be a waiver of any other subsequent
breach.
48 Certificate not to affect 48.1 No interim payment certificate(s) issued by the Engineer-in-
right of employer and Charge of the EMPLOYER, nor any sum paid on account by the
liability of contractor: EMPLOYER, nor any extension of time for execution of the work
granted by EMPLOYER shall affect or prejudice the rights of the
Employer against the CONTRACTOR or relieve the
CONTRACTOR of his obligations for the due performance of the
CONTRACT, or be interpreted as approval of the WORK done or
of the equipment supplied and no certificate shall create liability
for the EMPLOYER to pay for alterations, amendments,
variations or additional works not ordered, in writing, by
EMPLOYER or discharge the liability of the CONTRACTOR for
the payment of damages whether due, ascertained, or certified or
not or any sum against the payment of which he is bound to
indemnify the EMPLOYER.
49 Language and measures: 49.1 All documents pertaining to the CONTRACT including
Specifications, Schedules, Notices, Correspondence, operating
and maintenance Instructions, DRAWINGS, or any other writing
shall be written in English language. The Metric System of
measurement shall be used in the CONTRACT unless otherwise
specified.
50.2 However, the EMPLOYER shall have the lien on all such works
performed as soon as any advance or progressive payment is
made by the EMPLOYER to the CONTRACTOR and the
31
General Conditions of Contract
CONTRACTOR shall not subject these works for use other than
those intended under this CONTRACT.
51 Release of information: 51.1 The CONTRACTOR shall not communicate or use in advertising,
publicity, sales releases or in any other medium, photographs, or
other reproduction of the Work under this CONTRACT or
description of the site dimensions, quantity , quality or other
information, concerning the Work unless prior written permission
has been obtained from the EMPLOYER.
52 Brand names: 52.1 The specific reference in the SPECIFICATIONS and documents
to any material by trade name, make or catalogue number shall
be construed as establishing standard or quality and
performance and not as limited competition. However,
TENDERER may offer other similar equipments provided it
meets the specified standard design and performance
requirements.
53 Completion of contract: 53.1 Unless otherwise terminated under the provisions of any other
relevant clause, this CONTRACT shall be deemed to have been
completed at the expiration of the PERIOD OF LIABILITY as
provided for under the CONTRACT.
54 Spares: 54.1 The CONTRACTOR shall furnish to the EMPLOYER all spares
required for COMMISSIONING of the plants, recommendatory
and/or mandatory spares, which are required essential by the
manufacturer/supplier. The same shall be delivered at SITE,
3(Three) months before COMMISSIONING.
55 Execution of work: 55.1 All the Works shall be executed in strict conformity with the
provisions of the CONTRACT Documents and with such
explanatory detailed drawings, specification and instructions
as may be furnished from time to time to the
CONTRACTOR by the ENGINEER-IN-CHARGE whether
mentioned in the CONTRACT or not. The CONTRACTOR
shall be responsible for ensuring that works throughout are
executed in the most substantial, proper and workmanlike
manner with the quality of material and workmanship in strict
accordance with the SPECIFICATIONS and to the entire
satisfaction of the ENGINEER-IN-CHARGE. The
CONTRACTOR shall provide all necessary materials
equipment labour etc. for execution and maintenance of
WORK till completion unless otherwise mentioned in the
CONTRACT.
32
General Conditions of Contract
56 Co-ordination and inspection 56.1 The coordination and inspection of the day-to-day work
of work: under the CONTRACT shall be the responsibility of the
ENGINEER-IN-CHARGE. The written instruction regarding
any particular job will normally be passed by the
ENGINEER-IN-CHARGE or his authorised representative.
A work order book will be maintained by the CONTRACTOR
for each sector in which the aforesaid written instructions will
be entered. These will be signed by the CONTRACTOR or
his authorised representative by way of acknowledgement
within 12 hours.
57 Work in monsoon and 57.1 Unless otherwise specified elsewhere in the tender, the
dewatering: execution of the WORK may entail working in the monsoon
also. The CONTRACTOR must maintain a minimum labour
force as may be required for the job and plan and execute
the construction and erection according to the prescribed
schedule. No extra rate will be considered for such work in
monsoon.
58 Work on Sundays and 58.1 For carrying out Work on Sundays, and Holidays, the
Holidays: CONTRACTOR will approach the ENGINEER-IN-CHARGE
or his representative at least two days in advance and obtain
permission in writing. The CONTRACTOR shall observe all
labour laws and other statutory rules and regulations in
force. In case of any violations of such laws, rules and
regulations, consequence if any, including the cost thereto
shall be exclusively borne by the CONTRACTOR and the
EMPLOYER shall have no liability whatsoever on this
account.
59 General conditions for 59.1 The working time at the site of work is 48 hours per week.
construction and erection Overtime work is permitted in cases of need and the
work: EMPLOYER will not compensate the same. Shift working at
2 or 3 shifts per day will become necessary and the
CONTRACTOR should take this aspect into consideration
for formulating his rates for quotation. No extra claims will
be entertained by the EMPLOYER no this account. For
carrying out work beyond working hours the CONTRACTOR
will approach the ENGINEER-IN-CHARGE or his authorised
representative and obtain his prior written permission.
33
General Conditions of Contract
60 Alterations in specifications, 60.1 The WORK covered under this CONTRACT having to be
design and extra works: executed by the CONTRACTOR on a lumpsum firm
price/item rate quoted by him, the EMPLOYER will not
accept any proposals for changes in VALUE OF
CONTRACT or extension in time on account of any such
changes which may arise to the CONTRACTOR's scope of
WORK as a result of detailed Engineering and thereafter
during the execution of WORK. The only exception to this
will be a case where the EMPLOYER requests in writing to
the CONTRACTOR to upgrade the SPECIFICATIONS or
the size of any major pieces of equipments, plant or
machinery beyond what is normally required to meet the
scope of WORK as defined in the CONTRACT
DOCUMENT.
34
General Conditions of Contract
35
General Conditions of Contract
61 Drawings to be supplied by 61.1 The drawings attached with tender are only for the general
the employer guidance to the CONTRACTOR to enable him to visualize
the type of work contemplated and scope of work involved.
The CONTRACTOR will be deemed to have studied the
DRAWINGS and formed an idea about the WORK
involved.
36
General Conditions of Contract
Agreement
No.___________________________________________
Signed:_________________
_________________
(CONTRACTOR)
(ENGINEER-IN-CHARGE)
37
General Conditions of Contract
64 Responsibility for level and 64.1 The CONTRACTOR shall be entirely and exclusively
alignment: responsible for the horizontal and vertical alignment, the
levels and correctness of every part of the WORK and shall
rectify effectively any errors or imperfections therein, such
rectifications shall be carried out by the CONTRACTOR, at
his own cost, when instructions are issued to that effect by
the ENGINEER- IN-CHARGE.
65 Materials to be supplied by 65.1 The CONTRACTOR shall procure and provide within the
contractor: VALUE OF CONTRACT the whole of the materials
required for the construction including steels, cement and
other building materials, tools, tackles, construction plant
and equipment for the completion and maintenance of the
WORK except the materials which will be issued by the
EMPLOYER and shall make his own arrangement for
procuring such materials and for the transport thereof. The
EMPLOYER may give necessary recommendation to the
respective authority if so desired by the CONTRACTOR but
assumes no further responsibility of any nature. The
EMPLOYER will insist on the procurement of materials
which bear ISI stamp and/or which are supplied by reputed
suppliers.
38
General Conditions of Contract
66 Stores supplied by the 66.1 If the SPECIFICATION of the WORK provides for the use
employer: of any material of special description to be supplied from
the EMPLOYER's stores or it is required that the
CONTRACTOR shall use certain stores to be provided by
the ENGINEER-IN-CHARGE, such materials and stores,
and price to be charged there for as hereinafter mentioned
being so far as practicable for the convenience of the
CONTRACTOR, but not so as in any way to control the
meaning or effect of the CONTRACT, the CONTRACTOR
shall be bound to purchase and shall be supplied such
materials and stores as are from time to time required to be
used by him for the purpose of the CONTRACT only. The
sums due from the CONTRACTOR for the value of
materials supplied by the EMPLOYER will be recovered
from the running account bill on the basis of the actual
consumption of materials in the works covered and for
which the running account bill has been prepared. After the
completion of the WORK, however, the CONTRACTOR
has to account for the full quantity of materials supplied to
him as per relevant clauses in this document.
39
General Conditions of Contract
40
General Conditions of Contract
68 Material procured with 68.1 Notwithstanding anything contained to the contrary in any
assistance of or all the clauses of this CONTRACT where any materials
employer/return of surplus: for the execution of the CONTRACT are procured with the
assistance of the EMPLOYER either by issue from
EMPLOYER's stock or purchases made under order or
permits or licences issued by Government, the
CONTRACTOR shall hold the said materials as trustee for
the EMPLOYER and use such materials economically and
solely for the purpose of the CONTRACT and not dispose
them off without the permission of the EMPLOYER and
return, if required by the ENGINEER-IN-CHARGE, shall
determine having due regard to the condition of the
materials. The price allowed to the CONTRACTOR,
however, shall not exceed the amount charged to him
excluding the storage charges, if any. The decision of the
ENGINEER-IN-CHARGE shall be final and conclusive in
such matters. In the event of breach of the aforesaid
41
General Conditions of Contract
69 Materials obtained from 69.1 If the CONTRACTOR in the course of execution of the
dismantling: WORK is called upon to dismantle any part for reasons
other than those stipulated in Clauses 74 and 77
hereunder, the materials obtained in the WORK of
dismantling etc., will be considered as the EMPLOYER's
property and will be disposed off to the best advantage of
the EMPLOYER.
70 Articles of value found: 70.1 All gold, silver and other minerals of any description and all
precious stones, coins, treasure relics, antiquities and other
similar things which shall be found in, under or upon the
SITE, shall be the property of the EMPLOYER and the
CONTRACTOR shall duly preserve the same to the
satisfaction of the ENGINEER-IN-CHARGE and shall from
time to time deliver the same to such person or persons
indicated by the EMPLOYER.
71 Discrepancies between 71.1 Should any discrepancy occur between the various
instructions: instructions furnished to the CONTRACTOR, his agent or
staff or any doubt arises as to the meaning of any such
instructions or should there be any misunderstanding
between the CONTRACTOR's staff and the
ENGINEER-IN- CHARGE's staff, the CONTRACTOR shall
refer the matter immediately in writing to the
ENGINEER-IN-CHARGE whose decision thereon shall be
final and conclusive and no claim for losses alleged to have
been caused by such discrepancies between instructions,
doubts, or misunderstanding shall in any event be
admissible.
72 Action where no specification 72.1 In case of any class of WORK for which there is no
is issued: SPECIFICATION supplied by the EMPLOYER as
mentioned in the Tender Documents such WORK shall be
carried out in accordance with Indian Standard
Specifications and if the Indian Standard Specifications do
not cover the same, the WORK should be carried out as
per standard Engineering Practice subject to the approval
of the ENGINEER-IN-CHARGE.
73 Inspection of works: 73.1 The ENGINEER-IN-CHARGE will have full power and
authority to inspect the WORK at any time wherever in
progress either on the SITE or at the CONTRACTOR's
premises/workshops wherever situated, premises/
workshops of any person, firm or corporation where WORK
in connection with the CONTRACT may be in hand or
where materials are being or are to be supplied, and the
CONTRACTOR shall afford or procure for the
ENGINEER-IN- CHARGE every facility and assistance to
carry out such inspection. The CONTRACTOR shall, at all
time during the usual working hours and at all other time at
42
General Conditions of Contract
74 Tests for quality of work: 74.1 All workmanship shall be of the respective kinds described
in the CONTRACT DOCUMENTS and in accordance with
the instructions of the ENGINEER-IN-CHARGE and shall
be subjected from time to time to such test at
CONTRACTOR's cost as the ENGINEER-IN-CHARGE
may direct at the place of manufacture or fabrication or on
the site or at all or any such places. The CONTRACTOR
shall provide assistance, instruments, labour and materials
as are normally required for examining, measuring and
testing any workmanship as may be selected and required
by the ENGINEER-IN-CHARGE.
74.2 All the tests that will be necessary in connection with the
execution of the WORK as decided by the
ENGINEER- IN-CHARGE shall be carried out at the field
testing laboratory of the EMPLOYER by paying the charges
as decided by the EMPLOYER from time to time. In case of
non- availability of testing facility with the EMPLOYER, the
required test shall be carried out at the cost of
CONTRACTOR at Government or any other testing
laboratory as directed by ENGINEER-IN-CHARGE.
43
General Conditions of Contract
76 Action and compensation in 76.1 If it shall appear to the ENGINEER-IN-CHARGE that any
case of bad work: work has been executed with unsound, imperfect or
unskilled workmanship, or with materials of any inferior
description, or that any materials or articles provided by the
CONTRACTOR for the execution of the WORK are
unsound, or of a quality inferior to that contracted for, or
otherwise not in accordance with the CONTRACT, the
CONTRACTOR shall on demand in writing from the
ENGINEER-IN-CHARGE or his authorised representative
specifying the WORK, materials or articles complained of
notwithstanding that the same may have been inadvertently
passed, certified and paid for, forthwith rectify or remove
and reconstruct the WORK so specified and provide other
proper and suitable materials or articles at his own cost and
in the event of failure to do so within the period specified
by the ENGINEER-IN-CHARGE in his demand aforesaid,
the CONTRACTOR shall be liable to pay compensation at
the rate of 1 % (One percent) of the estimated cost of the
whole WORK, for every week limited to a maximum of 10%
(ten percent) of the value of the whole WORK, while his
failure to do so shall continue and in the case of any such
failure the ENGINEER-IN-CHARGE may on expiry of
notice period rectify or remove and re-execute the WORK
or remove and replaced with others, the materials or
articles complained of to as the case may be at the risk and
expense in all respects of the CONTRACTOR. The
decision of the Engineering-in-charge as to any question
arising under this clause shall be final and conclusive.
77 Suspension of works: 77.1 i) Subject to the provisions of sub-para (ii) of this clause,
the CONTRACTOR shall, if ordered in writing by the
ENGINEER-IN-CHARGE, or his representative,
temporarily suspend the WORKS or any part thereof for
such written order, proceed with the WORK therein
ordered to be suspended until, he shall have received a
written order to proceed therewith. The
CONTRACTOR shall not be entitled to claim
compensation for any loss or damage sustained by him
by reason of temporary suspension of the WORKS
aforesaid. An extension of time for completion,
corresponding with the delay caused by any such
suspension of the WORKS as aforesaid will be granted
to the ONTRACTOR should he apply for the same
provided that the suspension was not consequent to
any default or failure on the part of the CONTRACTOR.
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General Conditions of Contract
78 Employer may do part of 78.1 Upon failure of the CONTRACTOR to comply with any
work: instructions given in accordance with the provisions of this
CONTRACT the EMPLOYER has the alternative right,
instead of assuming charge of entire WORK, to place
additional labour force, tools, equipments and materials on
such parts of the WORK, as the EMPLOYER may
designate or also engage another CONTRACTOR to carry
out the WORK. In such cases, the EMPLOYER shall
deduct from the amount which otherwise might become
due to the CONTRACTOR, the cost of such work and
material with ten percent (10%) added to cover all
departmental charges and should the total amount thereof
exceed the amount due to the CONTRACTOR, the
CONTRACTOR shall pay the difference to the
EMPLOYER.
79 Possession prior to 79.1 The ENGINEER-IN-CHARGE shall have the right to take
completion: possession of or use any completed or partially completed
WORK or part of the WORK. Such possession or use shall
not be deemed to be an acceptance of any work completed
in accordance with the CONTRACT agreement. If such
prior possession or use by the ENGINEER-IN- CHARGE
delays the progress of WORK, equitable adjustment in the
time of completion will be made and the CONTRACT
agreement shall be deemed to be modified accordingly.
80 Defects Liability Period 80.1 The CONTRACTOR shall guarantee the installation/WORK
(Twelve months period of for a period of 12 months from the date of completion of
liability from the date of issue WORK as certified by the ENGINEER-IN-CHARGE which
of completion certificate): is indicated in the Completion Certificate. Any damage or
defect that may arise or lie undiscovered at the time of
issue of Completion Certificate, connected in any way with
the equipment or materials supplied by him or in the
workmanship, shall be rectified or replaced by the
CONTRACTOR at his own expense as deemed necessary
by the ENGINEER-IN-CHARGE or in default, the
ENGINEER- IN-CHARGE may carry out such works by
other work and deduct actual cost incurred towards labour,
supervision and materials consumables or otherwise plus
100% towards overheads (of which the certificate of
ENGINEER-IN-CHARGE shall be final) from any sums that
may then be or at any time thereafter, become due to the
CONTRACTOR or from his Contract Performance Security,
or the proceeds of sale thereof or a sufficient part on
thereof.
45
General Conditions of Contract
81 Care of works: 81.0 From the commencement to completion of the WORK, the
CONTRACTOR shall take full responsibility for the care for
all works including all temporary works and in case any
damages, loss or injury shall happen to the WORK or to
any part thereof or to any temporary works from any cause
whatsoever, shall at his own cost repair and make good the
same so that at completion the WORK shall be in good
order and in conformity in every respects with the
requirement of the CONTRACT and the
ENGINEER-IN- CHARGE's instructions.
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General Conditions of Contract
82 Guarantee/transfer of 82.1 For works like water-proofing, acid and alkali resisting
guarantee: materials, pre-construction soil treatment against termite or
any other specialized works etc. the CONTRACTOR shall
invariably engage SUB-CONTRACTORS who are
specialists in the field and firms of repute and such a
SUB-CONTRACTOR shall furnish guarantees for their
workmanship to the EMPLOYER, through the
CONTRACTOR. In case such a SUB-CONTRACTOR/
firm is not prepared to furnish a guarantee to the
EMPLOYER, the CONTRACTOR shall give that guarantee
to the EMPLOYER directly.
47
General Conditions of Contract
84 Replacement of defective 84.1 If during the progress of the WORK, EMPLOYER shall
parts and materials: decide and inform in writing to the CONTRACTOR, that the
CONTRACTOR has manufactured any plant or part of the
plant unsound or imperfect or has furnished plant inferior to
the quality specified, the CONTRACTOR on receiving
details of such defects or deficiencies shall at his own
expenses within 7 (seven) days of his receiving the notice,
or otherwise within such time as may be reasonably
necessary for making it good, proceed to alter, re-construct
or remove such work and furnish fresh equipments upto the
standards of the specifications. In case the
CONTRACTOR fails to do so, EMPLOYER may on giving
the CONTRACTOR 7 (seven) day's notice in writing of his
intentions to do so, proceed to remove the portion of the
WORK so complained of and at the cost of
CONTRACTOR's, perform all such works or furnish all
such equipments provided that nothing in the clause shall
be deemed to deprive the EMPLOYER of or affect any
rights under the CONTRACT, the EMPLOYER may
otherwise have in respect of such defects and deficiencies.
48
General Conditions of Contract
49
General Conditions of Contract
50
General Conditions of Contract
51
General Conditions of Contract
88.1.6 While preparing the final bills overall measurements will not be
taken again. Only volume of work executed since the last
measured bill alongwith summary of final measurements will
be considered for the final bill. However, a detailed check
shall be made as to missing measurements and in case there
are any missing items or measurements the same shall be
recorded.
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General Conditions of Contract
89 Lumpsum in tender: 89.1 The payment against any Lumpsum item shall be made only
on completion of that item as per the provision of the
CONTRACT after certification by ENGINEER-IN-CHARGE.
90 Running account payments 90.1 All running account payments shall be regarded as payment
to be regarded as advance: by way of advance against the final payment only and not as
payments for WORK actually done and completed and shall
not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and
reconstructed or re-erected or be considered as an admission
of the due performance of the CONTRACT, or any part
thereof, in this respect, or of the accurring of any claim by the
CONTRACTOR, nor shall it conclude, determine or affect in
any way the powers of the EMPLOYER under these
conditions or any of them as to the final settlement and
adjustment of the accounts or otherwise, or in any other way
vary or affect the CONTRACT. The final bill shall be submitted
by the CONTRACTOR within one month of the date of
physical completion of the WORK, otherwise, the
ENGINEER-IN-CHARGE's certificate of the measurement and
of total amount payable for the WORK accordingly shall be
final and binding on all parties
91 Notice of claims for 91.1 Should the CONTRACTOR consider that he is entitled to any
additional payments: extra payment for any extra/additional WORKS or MATERIAL
change in original SPECIFICATIONS carried out by him in
respect of WORK he shall forthwith give notice in writing to the
ENGINEER-IN-CHARGE that he claims extra payment. Such
notice shall be given to the ENGINEER-IN-CHARGE upon
which CONTRACTOR bases such claims and such notice
shall contain full particulars of the nature of such claim with full
details of amount claimed. Irrespective of any provision in the
CONTRACT to the contrary, the CONTRACTOR must
intimate his intention to lodge claim on the EMPLOYER within
10 (ten) days of the commencement of happening of the event
and quantify the claim within 30 (thirty) days, failing which the
CONTRACTOR will lose his right to claim any
compensation/reimbursement/damages etc. or refer the
matter to arbitration. Failure on the part of CONTRACTOR to
put forward any claim without the necessary particulars as
above within the time above specified shall be an absolute
waiver thereof. No omission by EMPLOYER to reject any such
claim and no delay in dealing therewith shall be waiver by
EMPLOYER of any of this rights in respect thereof.
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General Conditions of Contract
on with the WORK during the period in which his claims are
under consideration by the EMPLOYER, irrespective of the
outcome of such claims, where additional payments for
WORKS considered extra are justifiable in accordance with
the CONTRACT provisions, EMPLOYER shall arrange to
release the same in the same manner as for normal WORK
payments. Such of the extra works so admitted by
EMPLOYER shall be governed by all the terms, conditions,
stipulations and specifications as are applicable for the
CONTRACT. The rates for extra works shall generally be the
unit rates provided for in the CONTRACT. In the event unit
rates for extra works so executed are not available as per
CONTRACT, payments may either be released on day work
basis for which daily/hourly rates for workmen and hourly
rates for equipment rental shall apply, or on the unit rate for
WORK executed shall be derived by interpolation/
extrapolation of unit rates already existing in the CONTRACT.
In all the matters pertaining to applicability of rate and
admittance of otherwise of an extra work claim of
CONTRACTOR the decision of ENGINEER-IN-CHARGE
shall be final and binding.
92 Payment of contractor's bill: 92.1 No payment shall be made for works estimated to cost less
than Rs.10,000/- till the whole of the work shall have been
completed and a certificate of completion given. But in case of
works estimated to cost more than Rs.10,000/-, that
CONTRACTOR on submitting the bill thereof be entitled to
receive a monthly payment proportionate to the part thereof
approved and passed by the ENGINEER-IN-CHARGE, whose
certificate of such approval and passing of the sum so payable
shall be final and conclusive against the CONTRACTOR. This
payment will be made after making necessary
corrections/deductions as stipulated elsewhere in the
CONTRACT DOCUMENT for materials, Contract
Performance Security, taxes etc.
93 Receipt for payment: 93.1 Receipt for payment made on account of work when executed
by a firm, must be signed by a person holding due power of
attorney in this respect on behalf of the CONTRACTOR,
except when the CONTRACTOR's are described in their
tender as a limited company in which case the receipts must
be signed in the name of the company by one of its principal
officers or by some other person having authority to give
effectual receipt for the company.
54
General Conditions of Contract
55
General Conditions of Contract
95 Final decision and final 95.1 Upon expiry of the period of liability and subject to the
certificate: ENGINEER-IN-CHARGE being satisfied that the WORKS
have been duly maintained by the CONTRACTOR during
monsoon or such period as hereinbefore provided in Clause
80 & 81 and that the CONTRACTOR has in all respect duly
made-up any subsidence and performed all his obligations
under the CONTRACT, the ENGINEER-IN- CHARGE shall
(without prejudice to the rights of the EMPLOYER to retain the
provisions of relevant Clause hereof) otherwise give a
certificate herein referred to as the FINAL CERTIFICATE to
that effect and the CONTRACTOR shall not be considered to
have fulfilled the whole of his obligations under CONTRACT
until FINAL CERTIFICATE shall have been given by the
ENGINEER-IN- CHARGE notwithstanding any previous entry
upon the WORK and taking possession, working or using of
the same or any part thereof by the EMPLOYER.
96 Certificate and payments on 96.1 Except the FINAL CERTIFICATE, no other certificates or
evidence of completion: payments against a certificate or on general account shall be
taken to be an admission by the EMPLOYER of the due
performance of the CONTRACT or any part thereof or of
occupancy or validity of any claim by the CONTRACTOR.
97 Deductions from the contract 97.1 All costs, damages or expenses which EMPLOYER may have
price: paid or incurred, which under the provisions of the
CONTRACT, the CONTRACTOR is liable/will be liable, will be
claimed by the EMPLOYER. All such claims shall be billed by
the EMPLOYER to the CONTRACTOR regularly as and when
they fall due. Such claims shall be paid by the
CONTRACTOR within 15 (fifteen) days of the receipt of the
corresponding bills and if not paid by the CONTRACTOR
within the said period, the EMPLOYER may, then, deduct the
amount from any moneys due i.e., Contract Performance
Security or becoming due to the CONTRACTOR under the
CONTRACT or may be recovered by actions of law or
otherwise, if the CONTRACTOR fails to satisfy the
EMPLOYER of such claims.
98 Taxes, Duties, Octroi etc: 98.1 The CONTRACTOR agrees to and does hereby accept full
and exclusive liability for the payment of any and all Taxes,
Duties, including Excise duty, octroi etc. now or hereafter
imposed, increased, modified, all the sales taxes, duties,
octrois etc. now in force and hereafter increased, imposed or
modified, from time to time in respect of WORKS and
materials and all contributions and taxes for unemployment
compensation, insurance and old age pensions or annuities
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General Conditions of Contract
99 Sales tax/Turnover tax: 99.1 Tenderer should quote all inclusive prices including the
liability of Sales Tax/Turnover Tax whether on the works
contract as a whole or in respect of bought out components
used by the CONTRACTOR in execution of the
CONTRACT. EMPLOYER shall not be responsible for any
such liability of the CONTRACTOR in respect of this
CONTRACT.
100 Statutory variations 100.1 Tenderer should quote prices inclusive of excise-duty and
sales tax applicable on finished product. Any statutory
variations in Excise Duty and sales tax on finished product
during the contractual completion period, shall be to the
Employer's account for which the Contractor will furnish
documentary evidence(s) in support of their claims to GAIL.
However, any increase in the rate of these taxes and
duties (E.D. and S.T.) beyond the contractual completion
period shall be to Contractor's account and any decrease
shall be passed on to GAIL.
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General Conditions of Contract
58
General Conditions of Contract
59
General Conditions of Contract
60
General Conditions of Contract
102 Damage to Property or to 102.1 i) CONTRACTOR shall be responsible for making good to
any Person or any Third the satisfaction of the EMPLOYER any loss or any
Party damage to structures and properties belonging to the
EMPLOYER or being executed or procured or being
procured by the EMPLOYER or of other agencies within
in the premises of all the work of the EMPLOYER, if
such loss or damage is due to fault and/or the
negligence or willful acts or omission of the
CONTRACTOR, his employees, agents,
representatives or SUB-CONTRACTORs.
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General Conditions of Contract
103 Labour laws: 103.1 i) No labour below the age of 18 (eighteen) years shall be
employed on the WORK.
62
General Conditions of Contract
104 Implementation of 104.1 The CONTRACTOR shall comply with the provisions of the
Apprentices Act, 1961: Apprentices Act, 1961 and the Rules and Orders issued
thereunder from time to time. If he fails to do so, his failure
will be a breach of the CONTRACT and the
ENGINEER-IN-CHARGE may, at his discretion, cancel the
CONTRACT. The CONTRACTOR shall also be liable for
any pecuniary liability arising on account of any violation by
him of the provisions, of the Act.
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General Conditions of Contract
105 Contractor to indemnify the 105.1 i) The CONTRACTOR shall indemnify the EMPLOYER
Employer: and every member, office and employee of the
EMPLOYER, also the ENGINEER-IN-CHARGE and his
staff against all actions, proceedings, claims, demands,
costs and expenses whatsoever arising out of or in
connection with the matters referred to in Clause 102.0
and elsewhere and all actions, proceedings, claims,
demands, costs and expenses which may be made
against the EMPLOYER for or in respect of or arising
out of any failure by the CONTRACTOR in the
performance of his obligations under the CONTRACT
DOCUMENT. The EMPLOYER shall not be liable for
or in respect of or arising out of any failure by the
CONTRACTOR in the performance of his obligations
under the CONTRACT DOCUMENT. The EMPLOYER
shall not be liable for or in respect of any demand or
compensation payable by law in respect or in
consequence of any accident or injury to any workmen
or other person. In the employment of the
CONTRACTOR or his SUB-CONTRACTOR the
CONTRACTOR shall indemnify and keep indemnified
the EMPLOYER against all such damages and
compensations and against all claims, damages,
proceedings, costs, charges and expenses whatsoever
in respect thereof or in relation thereto.
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General Conditions of Contract
106 Health and sanitary 106.1 In respect of all labour directly or indirectly employed in the
arrangements for workers: WORKS for the performance of the CONTRACTOR's part
of this agreement, the CONTRACTOR shall comply with or
cause to be complied with all the rules and regulations of
the local sanitary and other authorities or as framed by the
EMPLOYER from time to time for the protection of health
and sanitary arrangements for all workers.
107 Arbitration: 107.1 Unless otherwise specified, the matters where decision of
the Engineer-in-Charge is deemed to be final and binding
as provided in the Agreement and the issues/disputes
which cannot be mutually resolved within a reasonable
time, all disputes shall be referred to arbitration by Sole
Arbitrator.
65
General Conditions of Contract
110 Safety regulations: 110.1 i) In respect of all labour, directly employed in the
WORK for the performance of CONTRACTOR's part
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General Conditions of Contract
111 First aid and industrial 111.1 i) CONTRACTOR shall maintain first aid facilities for its
injuries: employees and those of its SUB-CONTRACTOR.
112 General rules: 112.1 Smoking within the battery area, tank farm or dock limits is
strictly prohibited. Violators of the no smoking rules shall
be discharged immediately.
113 Contractor's barricades: 113.1 i) CONTRACTOR shall erect and maintain barricades
required in connection with his operation to guard or
protect:-
a) Excavations
b) Hoisting Areas.
c) Areas adjudged hazardous by CONTRACTOR's or
EMPLOYER's inspectors.
d) EMPLOYER's existing property subject to damage
by CONTRACTOR's Operations.
e) Rail Road unloading spots.
114 Scaffolding: 114.1 i) Suitable scaffolding should be provided for workmen for
all works that cannot safely be done from the ground or
from solid construction except such short period work
as can be done safely from ladders. When a ladder is
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General Conditions of Contract
115 Excavation and trenching: 115.1 All trenches 1.2 metres or more in depth, shall at all times
be supplied with at least one ladder for each 50 metres
length or fraction thereof.
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General Conditions of Contract
116 Demolition/general safety: 116.1 i) Before any demolition work is commenced and also
during the progress of the demolition work
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General Conditions of Contract
iii) When the work is done near any place where there is
risk of drowning, all necessary safety equipment
should be provided and kept ready for use and all
necessary steps taken for prompt rescue of any
person in danger and adequate provision should be
made for prompt first aid treatment of all injuries likely
to be sustained during the course of the work.
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General Conditions of Contract
71
General Conditions of Contract
117 Care in handling inflammable 117.1 The CONTRACTOR has to ensure all precautionary
gas: measures and exercise utmost care in handling the
inflammable gas cylinder/inflammable liquids/paints etc. as
required under the law and/or as advised by the fire
Authorities of the EMPLOYER.
118 Temporary combustible 118.1 Temporary combustible structures will not be built near or
structures: around work site.
119 Precautions against fire: 119.1 The CONTRACTOR will have to provide Fire
Extinguishers, Fire Buckets and drums at worksite as
recommended by ENGINEER-IN-CHARGE. They will have
to ensure all precautionary measures and exercise utmost
care in handling the inflammable gas cylinders/
inflammable liquid/ paints etc. as advised by
ENGINEER-IN-CHARGE. Temporary combustible
structures will not be built near or around the work-site.
120 Explosives: 120.1 Explosives shall not be stored or used on the WORK or on
the SITE by the CONTRACTOR without the permission of
the ENGINEER-IN-CHARGE in writing and then only in the
manner and to the extent to which such permission is
given. When explosives are required for the WORK they
will be stored in a special magazine to be provided at the
cost of the CONTRACTOR in accordance with the
Explosives Rules. The CONTRACTOR shall obtain the
necessary licence for the storage and the use of explosives
and all operations in which or for which explosives are
employed shall be at sole risk and responsibility of the
CONTRACTOR and the CONTRACTOR shall indemnify
the EMPLOYER against any loss or damage resulting
directly or indirectly therefrom.
121 Mines act: 121.1 SAFETY CODE: The CONTRACTOR shall at his own
expense arrange for the safety provisions as required by
the ENGINEER-IN-CHARGE in respect of all labour
directly employed for performance of the WORKS and
shall provide all facilities in connection therewith. In case
the CONTRACTOR fails to make arrangements and
provides necessary facilities as aforesaid, the
ENGINEER-IN- CHARGE shall be entitled to do so and
recover the costs thereof from the CONTRACTOR.
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General Conditions of Contract
122 Preservation of place: 122.1 The CONTRACTOR shall take requisite precautions and
use his best endeavours to prevent any riotous or unlawful
behaviour by or amongst his worker and others employed
or the works and for the preservation of peace and
protection of the inhabitants and security of property in the
neighborhood of the WORK. In the event of the
EMPLOYER requiring the maintenance of a Special Police
Force at or in the vicinity of the site during the tenure of
works, the expenses thereof shall be borne by the
CONTRACTOR and if paid by the EMPLOYER shall be
recoverable from the CONTRACTOR.
123 Outbreak of infectious 123.1 The CONTRACTOR shall remove from his camp such
diseases: labour and their facilities who refuse protective inoculation
and vaccination when called upon to do so by the
ENGINEER-IN-CHARGE's representative. Should
Cholera, Plague or other infectious diseases break out the
CONTRACTOR shall burn the huts, beddings, clothes and
other belongings or used by the infected parties and
promptly erect new huts on healthy sites as required by the
ENGINEER-IN-CHARGE failing which within the time
specified in the Engineer's requisition, the work may be
done by the EMPLOYER and the cost thereof recovered
from the CONTRACTOR.
124 Use of intoxicants: 124.1 The unauthorised sale of spirits or other intoxicants,
beverages upon the work in any of the buildings,
encampments or tenements owned, occupied by or within
the control of the CONTRACTOR or any of his employee is
forbidden and the CONTRACTOR shall exercise his
influence and authority to the utmost extent to secure strict
compliance with this condition.
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General Conditions of Contract
WHEREAS GAIL (INDIA) LTD. (hereinafter referred to as GAIL) which expression shall
unless repugnant to the context includes their legal representatives, successors and
assigns having their registered office at 16, Bhikaiji Cama Place; R.K.Puram New Delhi
has entered into a CONTRACT with ______________________ (hereinafter referred to
as the CONTRACTOR which expression shall unless repugnant to the context include
their legal representatives, successors and assigns) for ____________________on the
terms and conditions as set out, inter-alia, in the CONTRACT No.................
Dated............. and various documents forming part thereof hereinafter collectively
referred to as the "CONTRACT" which expression shall include all amendments,
modifications and/or variations thereto.
AND WHEREAS
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General Conditions of Contract
iv) The amount stated in any notice of demand addressed by GAIL to the
CONTRACTOR as to the value of such said materials lost, damaged,
destroyed, misused or misappropriated, inclusive relative to the costs and
expenses incurred by GAIL in connection therewith shall be conclusive of
the value of such said materials and the said cost and expenses as also of
the amount liable to be paid to GAIL to produce any voucher, bill or other
documentation or evidence whatsoever in support thereof and such
amount shall be paid without any demur and on demand and no dispute
shall be raised concerning the same.
75
General Conditions of Contract
The undersigned has full power to execute this Indemnity Bond on behalf of the
CONTRACTOR under the Power of Attorney dated______.
Place:
Dated:
76
General Conditions of Contract
Contract Agreement for the work of --------------- of GAIL (INDIA) Ltd. made on --------
between (Name and Address)------------- , hereinafter called the “CONTRACTOR”
(which term shall unless excluded by or repugnant to the subject or context include
its successors and permitted assignees) of the one part and GAIL (INDIA) LIMITED
hereinafter called the “EMPLOYER” (which term shall, unless excluded by or
repugnant to the subject or context include its successors and assignees) of the
other part.
WHEREAS
A. The EMPLOYER being desirous of having provided and executed certain work
mentioned, enumerated or referred to in the Tender Documents including Letter
Inviting Tender, General Tender Notice, General Conditions of Contract, Special
Conditions of Contract, Specifications, Drawings, Plans, Time Schedule of
completion of jobs, Schedule of Rates, Agreed Variations, other documents has
called for Tender.
C. The Tender Documents including the Notice Letter Inviting Tender, General
Conditions of Contract, Special Conditions of Contract, Schedule of Rates,
General Obligations, SPECIFICATIONS, DRAWINGS, PLANS, Time Schedule
for completion of Jobs, Letter of Acceptance of Tender and any statement of
agreed variations with its enclosures copies of which are hereto annexed form
part of this CONTRACT though separately set out herein and are included in
the expression “CONTRACT” wherever herein used.
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General Conditions of Contract
AND WHEREAS
The EMPLOYER accepted the Tender of the CONTRACTOR for the provision and the
execution of the said WORK at the rates stated in the schedule of quantities of the work
and finally approved by EMPLOYER (hereinafter called the "Schedule of Rates") upon
the terms and subject to the conditions of CONTRACT.
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General Conditions of Contract
The CONTRACTOR shall be allowed to enter upon the SITE for execution of
the WORK only as a licensee simpliciter and shall not have any claim, right,
title or interest in the SITE or the structures erected thereon and the
EMPLOYER shall be entitled to terminate such license at any time without
assigning any reason.
The materials including sand, gravel, stone, loose, earth, rock etc., dug up or
excavated from the said SITE shall, unless otherwise expressly agreed under this
CONTRACT, exclusively belong to the EMPLOYER and the CONTRACTOR shall
have no right to claim over the same and such excavation and materials should be
disposed off on account of the EMPLOYER according to the instruction in writing
issued from time to time by the ENGINEER-IN-CHARGE.
In Witness whereof the parties have executed these presents in the day and the year
first above written.
Signed and Delivered for and on Signed and Delivered for and
on behalf of EMPLOYER. on behalf of the CONTRACTORs.
1.___________________________ 1. ________________________
___________________________ ________________________
___________________________ ________________________
2.___________________________ 2. ________________________
___________________________ ________________________
___________________________ ________________________
79