SARDAR SAROVAR NARMADA NIGAM LTD. (A WHOLLY OWNED GOVERNMENT OF GUJARAT UNDERTAKING)

Transcription

1 FOR OFFICE USE ONLY CONTRACT NO. SARDAR SAROVAR NARMADA NIGAM LTD. (A WHOLLY OWNED GOVERNMENT OF GUJARAT UNDERTAKING) SARDAR SAROVAR (NARMADA) PROJECT TENDER DOCUMENTS FOR Supply of 44mm diameter Galvanized(A-type) wire rope with 6/37 construction, with fiber main core, right hand lag s lay, UTS : 180 Kg/mm2, minimum breaking load 103 MT as per IS and original design & drawings for radial gates of Sardar Sarovar Narmada Project at dam site Kevadia Colony. ESTIMATED COST Rs LACS Form D WITH TECHNICAL SPECIFICATIONS EXECUTIVE ENGINEER, N.P.GATES DIVISION, KEVADIA COLONY Dec-2015 Accompaniment to letter no. SSNNL Circular No.CPC/MDMeeting/Contractor/2009/373 dt DTP approved vide letter No.CE/D&V/TC/1829/3305/2015 dtd.19/11/2015

2 CONTENTS FORM-D Sr.No. Particulars Page No. 1 Tender Notice (Advertisement) Instruction to Bidders 9 3 Memorandum of works in Brief 10 4 GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS 5. DECLARATION CERTIFICATE 17 6 AGREEMENT 18 7 Security Deposit 20 8 Termination of contract 23 9 Risk in transit Date of Delivery Bills Octroi Duty/Sales Tax, Royalty, Entry Tax, Turn-Over Tax and Testing Charges 13 Execution of Agreement Warranty Laws Indemnity Breach of Contract Repeat orders Disputes etc. subject to local court Period of Rate Contract Premature determination of contract Action for damages Delivery on Sundays Subletting of Contract Compensation under the Workmen's Compensation Act Decision of Superintending Engineer to be final No guarantee that materials indicated in the schedule will be ordered 28 Contractor bound to complete the work at the rates mentioned in contract 29 Method of Payments Set off of money Quantity to be purchased Rates accepted are firm and fixed Schedule of materials SCHEDULE-A SCHEDULE-B GENERAL CONDITIONS Technical specifications

3 1 SARDAR SAROVAR NARMADA NIGAM LIMITED (A Wholly owned Govt. of Gujarat Undertaking) TENDER NOTICE NO. 1 OF Online Tenders (E -tendering) of following supply work for Sardar Sarovar (Narmada) Project are publicly invited by the Executive Engineer, N.P. Gates Division, New A.D. Block B, 1 st floor, Kevadia Colony , (Phone no ) from original manufacturer OR authorized dealer of make Usha martin or Bharat or Orion who have in-house load testing facility Name of work Supply of 44mm diameter Galvanized(A-type) wire rope with 6/37 construction, with fiber main core, right hand lag s lay, UTS : 180 Kg/mm2, minimum breaking load 103 MT as per IS and original design & drawings for radial gates of Sardar Sarovar Narmada Project at Dam site Kevadia Colony. 1. Estimated cost Rs. in lacs 2. EMD Rs. 1. Rs lacs 2. Rs Lacs Schedule for online e-tendering 1. Date of Uploading Dt. 07/12/ Tender fee 2. Time for completion of Work 1. Rs. 3600/ (Six) Months 2. Pre-bid Meeting onwards at Circuit House -2, SSNNL, Kevadia colony 3. Last date of downloading of Tender Documents. 4. Last date of online submission of Bid i.e.last date of receipt of Bid by SSNNL Dt. 28/12/2015 upto hrs. Dt. 28/12/2015 upto hrs. 5. Physical submission of Tender fee, EMD Dt. 29/12/2015 from hrs and other documents in separate cover. to hrs. in the Office of the Executive Engineer, N.P.Gates Division, 1 st Floor, New A.D.Block-B, Kevadia Colony Ph Online verification of EMD and other documents. On Dt 29/12/2015 from hrs to hrs in the Office of the Executive Engineer, N.P.Gates Division, 1 st Floor, New A.D.Block-B, Kevadia Colony Ph (if possible) 7. Online opening of Price Bid (online) On Dt. 29/12/2015 at hrs (After verification of submitted onwards Executive Engineer, documents, EMD and tender fee etc.), N.P.Gates Division, 1 st Floor, New A.D.Block-B, Kevadia Colony Ph (if possible) The details of above notice will be available on SSNNL website: and GOG website and tender documents are available on Not to print Executive Engineer N.P.Gates Division, Kevadia Colony

4 2 SARDAR SAROVAR NARMADA NIGAM LIMITED (A wholly owned Government of Gujarat undertaking) SHORT TENDER NOTICE NO.1 OF Sardar Sarovar (Narmada) Project (SSP) is an interstate, multipurpose, major project on river Narmada in Gujarat State, India being executed by Sardar Sarovar Narmada Nigam Ltd. (SSNNL). The project envisages the construction of concrete dam, power house, one of the world s largest main canal having a capacity of 1133 cumecs and branches and distribution system to serve 18 Lac hectares command area. 2.0 E-tenders for the following supply of SSP is publicly invited by the Executive Engineer, N.P.Gates Division, New Administrative Block-B, First Floor, Kevadia Colony Phone No from original manufacturer OR authorized dealer of make Usha martin or Bharat or Orion who have inhouse load testing facility 3.0 (A) General Details Of Work(s) Sr. No. Name of work 1 Supply of 44mm diameter Galvanized (A-type) wire rope with 6/37 construction, with fiber main core, right hand lag s lay, UTS : 180 Kg/mm2, minimum breaking load 103 MT as per IS and original design & drawings for radial gates of Sardar Sarovar Narmada Project at dam site kevdia colony Estimated cost Rs. in lac Earnest Money Deposit Rs. in lac Tender Fee Rs. Time Limit for completion of work Rs.3600/- 6 (six) Months

5 3.0 (B) SCHEDULE OF E-TENDRING (i) Pre bid Meeting Date: 17/12/2015 (ii) (iii) Last date of downloading of Tender Document (a) Online submission of tender documents i.e. last date of receipt of the tender by SSNNL. (b) Physical submission of Tender Fee, EMD and other documents in the office of the Executive Engineer, N.P. Gates Division, New A.D. Block B, 1 st floor, Kevadia Colony (In person only) (iv) Online verification of Submitted documents (EMD, Tender fee etc.) in the office the Executive Engineer, N.P. Gates Division, New A.D. Block B, 1 st floor, Kevadia Colony (v) Online opening of Price bid (online) and Price Bid (After verification of submitted documents, EMD and tender fee etc.), in the office the Executive Engineer, N.P. Gates Division, New A.D. Block B, 1 st floor, Kevadia Colony onwards at Circuit House -2, SSNNL,Kevadia colony Dt: Dt: 4.0. Details to be furnished along with application 28/12/2015 up to18.00 hrs. 28/12/2015 up to18.00 hrs. Dt: 29/12/2015 from to hrs. Dt: 29/12/2015 From hrs. to hrs (if possible) Dt: 29/12/2015.@17.30hrs If possible Interested Bidders can view these Tender Documents online but Bidders who are interested in bidding in these tenders can download Tender Documents as mentioned in para 3 (A) and (B) above and Bidders who wish to submit their offer shall pay Tender Fee in form of Account payee demand draft payable at State Bank of India, Kevadia Colony drawn on any Nationalised bank or any of following banks in favour of Executive Engineer, N.P. Gates Division or any of the Banks decided by the Finance Department, Government of Gujarat from time to time. 1. HDFC Bank 2. ICICI Bank 3. AXIS Bank. 4. IDBI Bank

6 4 Guarantees issued by following Banks will be accepted as SD for the period up to March 31, 2016 dully pledge in the name of Engineer-in-Charge. Commercial Banks 1. Kotak Mahindra Bank 2. YES Bank 3. RBL (The Ratnakar Bank Ltd.) 4. IndusInd Bank 5. Karur Vysya Bank 6. DCB Bank 7. FEDRAL Bank 8. SOUTH INDIAN Bank Co-operative Banks of Gujarat 1. The Kalupur Commercial Co-operative Bank Ltd. 2. Rajkot Nagrik Sahakari Bank Ltd. 3. The Ahmedabad Mercantile Co-operative Bank Ltd. 4. The Mehsana Urban Co-operative Bank Ltd. 5. Nutan Nagrik Sahakari Bank Ltd. 6. Dena Gujarat Gramin Bank (1) Tender Documents are available only in Electronic Form. Bidders shall down load the Tender Documents after submitting the DD details for Tender Fee and Earnest Money Deposit details i.e. DD/FDR/Bank Guarantee online. The Demand Draft towards Tender Fee can be submitted along with Earnest Money Deposit on or before the due date as specified in para 3 B(ii). This should be as per details given online & it shall be of dated on or before last date of uploading of Tender. The intending Bidders have to submit the following documents along with the E.M.D. The Bidder should submit all the forms electronically and physically also. a. Latest Income Tax return, PAN and Income Tax ward where assessed. b. Current Solvency Certificate (20% value of Estimated Cost put to tender) c. Manufacturers registered Certificate as Small Medium Enterprise (SME) or latest renewal receipt d. Certificate of Manufacturer issued by Govt OR Certificate of authorized dealer issued by Manufacturer (Stating in house load testing facility of wire rope) e. Certificate of employees provident fund and miscellaneous provision under the Act-1952.

7 f 5 Balance Sheets of last five completed financial years duly audited and certified by the Chartered Accountant or Chartered Accountant s Certificate. g. Documentary Evidence about the Percentage Stake in Equity of each Company (in case the Bidder is a Member of any Group of Companies) (2) Bidders who wish to participate in this Tender will have to register on Further Bidders who wish to participate in online Tenders will have to procure Digital Certificate as per Information Technology Act 2000 using which they can sign their electronic Bids. Bidders can procure the same from GNFC, Ahmedabad, who are licensed certifying authority by Govt. of India and they will assist them in procuring the same at below mentioned address. Bidders who already have a valid Digital Certificate need not procure a new Digital Certificate. In case Bidder needs any clarification or if training is required for participating in online Tendering, they can contact the following office. (n) Code Solutions (A Division of GNFC Ltd) 401, GNFC Info tower, Bodakdev. Ahmedabad, , Gujarat - mailto.marketing@ncodesolutions.com Phone: to 18, , Fax: , Tele Fax: Contacting Officer Further Details of the work and plans can be available from the office of Executive Engineer, N.P. Gates Division, Kevadia Colony, Dist. Narmada In case Bidder finds any difficulty in getting the necessary information / help from n Code or the concerned field Executive Engineer for participating in online Tendering, they can contact the following office. Deputy General Manager (CPC) Sardar Sarovar Narmada Nigam Limited Block No. 12, 6 th Floor, New Sachivalaya Complex Gandhinagar dgmcpcssnnl@gmail.com Phone : , (O) Fax : (O), Download of Tender Document The Tender Document for these works are available only in Electronic format which Bidder can download as explained in para 3.0.(B) Above.

8 Submission of Tender Bidder shall submit his offer in Electronic format on above mentioned website upto dt. 28/12/2015 at Hrs. after Digitally Signing the same. Offer which is not digitally signed will not be accepted. No offer in physical form will be accepted and any such offer if received by the SSNNL will be out-rightly rejected. Bidder will have to submit separate account payee DD drawn in favour of Executive Engineer, N.P.Gates Division, Kevadia Colony for Tender Fee along with its Xerox copy in separate cover and EMD drawn in favour of Executive Engineer, N.P.Gates Division, Kevadia Colony and other documents in another separate sealed cover in physical form in the office the Executive Engineer, N.P.Gates Division, Kevadia Colony as mentioned in the para 3.0. B above on dt. 29/12/2015 from Hrs to Hrs. 8.0 OPENING OF TENDER 8.1 TECHNICAL BID Deleted. 8.2 PRICE BID The Price Bid of only Qualified Bidders will be opened online on date and time as mentioned in Para 3.0 above. Intending Bidders or their representative who are interested in participating in online Tender opening can log on to on the due date and time, mark their presence or participate in online tender opening. For more details Bidders are requested to refer Vender Training Manual, available on the website Bidders who wish to remain physically present at SSNNL premises at the time of tender opening can do so. Only one representative of each firm will be allowed to remain present. 9.0 GENERAL INSTRUCTIONS (A) The Tender Fee will not be refunded under any circumstances.

9 7 (B) Earnest Money Deposit (EMD) in the form specified in Tender Document only shall be accepted. (C) The offer shall be valid for 180 days from the last date of receipt of Tenders. (D) The Tenders without Earnest Money Deposit (EMD) and Tenders which do not fulfill all or any of the conditions or submitted incomplete in any respect will be rejected. (E) The award of contract shall be made to a qualified Bidder, whose responsive Tender is determined to be the lowest evaluated Tender and who meets appropriate standards of capacity and financial resources and satisfy the qualifying criteria as laid in the Tender Documents. (F) Conditional Tender shall not be accepted. (G) This Notice and subsequent Corrigendum (if any) shall also form a part of Contract Document. (H) SSNNL reserves right to accept the lowest responsive offer and/or reject any or all tenders without assigning any reason. (I) All disputes and discrepancies relating to this Tender shall be governed by the law of India and shall be subject to jurisdiction of the court at in the District Head Quarters of the Executive Engineer signing this contract. (J) The internet web site address for E-Tender is and that of corporate website is (K) The details of above Notice will also be available on website, GOG s website and E-Tendering zone (L) Free Vendor Training camp will be organized every Saturday between 4.00 PM to 5.00 PM at GNFC Info tower, Bodakdev, Ahmedabad. Bidders are requested to take benefit of the same. (M) Tender Fee (In separate cover with its zerox copy) and EMD and other documents (in another separate se aled cover) shall be submitted in person on the Dates specified in para 3.0 B. The EMD must be encashable anywhere in Gujarat also. (O) The agencies whose contracts were terminated or are debarred on account of non - performance in SSNNL s works will not be eligible for bidding this Tender.

10 8 (P) If the contractor will not maintain the quality of work as per specifications or not implement the provisions of approved Quality Assurance Programme and if the quality of work is found poor, he will be debarred for further works under SSNNL. Executive Engineer N.P.Gates Division, Kevadia Colony

11 9 INSTRUCTION TO BIDDERS DEFINITIONS Online : Any activity that is done on Website is referred as Online activity for e.g. submission of price Bid online would mean that the Price Bid has to be submitted on website. Offline : Any activity that is done in conventional route is referred as Offline activity for e.g. submission of Earnest Money Deposit in Offline fashion would mean the Earnest Money Deposit is to be submitted in Form of Demand Draft and is to be Physically sent to the office of the Executive Engineer, N.P. Gates Division, Kevadia Colony. E-Tender : Tender in which you can participate online by means of log in on to the respective website is E-tenders. Digital Signature : Any electronic document, which contains encrypted message digest using hash algorithm and Tenders public key, is known as Digitally signed Document and the process of generating such document is called digitally signing it. Scanned copy : Electronic copy of any document generated using a scanner is called scanned copy. System : Means the computer which hosts the website ( where Bidders can participate in the tendering. Upload : The process of transferring an electronic document from Bidders computer using internet connection to the website is called uploading. BIDDER : Means individual, proprietary firm, firm in partnership, Limited Company, Corporation applying to become eligible to tender. IT ACT 2000 : Means Information Technology Act, 2000 of Govt. of India and its subsequent amendments if any.

12 10 MEMORANDUM OF WORKS IN BRIEF 1. Name of work Supply of 44mm diameter Galvanized(A-type) wire rope with 6/37 construction, with fiber main core, right hand lag s lay, UTS : 180 Kg/mm2, minimum breaking load 103 MT as per IS and original design & drawings for radial gates of Sardar Sarovar Narmada Project at dam site kevadia colony. 2 Name of Employer Sardar Sarovar Narmada Nigam Limited, Gandhinagar 3 Name of concerned Chief Engineer 4 Name of concerned Superintending Engineer 5 Name of Engineer-in-Charge 6 Address of Engineer - In Charge Chief Engineer, Dam & Vadodara 1 st Floor,Naher Bhavan, Block-B Chhani Jakat Naka Vadodara Phone No Fax No Superintending Engineer, N.P. Head Works Circle, Old A.D.Block-B, Kevadia Colony Pin , Dist. Narmada Phone No Fax No Executive Engineer, N.P. Gates Division, New A.D.Block-B, First Floor Kevadia Colony Pin , Dist. Narmada Phone No Fax No Executive Engineer, N.P. Gates Division, New A.D.Block-B, First Floor Kevadia Colony Pin , Dist. Narmada Phone No Fax No Name of Bidder ( Group of Companies)

13 11 8 Address of Bidder (a) Telephone No. (b) Mobile No. (c) Fax No. (d) Telex No. ID 9 Estimated Cost put to Tender 10 Time allowed for completion of the work from the date of written order to commence. 11 Amount of Earnest Money Deposit (Refer Rule-12) 12 Description essential to be written on sealed cover of submission of Tender (a) Name of Work (b) Name and address of the Bidder 13 Mode of submission of Tender Documents 14 (a) Technical Bid. (b) Price Bid 15 Submission of Tender Documents, Price Bid and Other Documents (EMD and Tender Fee) Rs lacs 6 (Six) Months Rs lacs (In favour of Executive Engineer, N.P. Gates Division, Kevadia Colony) Supply of 44mm diameter Galvanized(A-type) wire rope with 6/37 construction, with fiber main core, right hand lag s lay, UTS : 180 Kg/mm2, minimum breaking load 103 MT as per IS and original design & drawings for radial gates of Sardar Sarovar Narmada Project at dam site kevadia colony. Online submission on web site (a) Deleted (b) On line submission on As per Para-3.0 and Corrigendum if any.

14 12 16 Mode of quoting rate in Schedule B 18 Validity period of Tender offered. 19 Opening of Tender Online (a)technical Bid (if applicable) On line quoting of offer in figures only. Amount in words will be automatically converted. Totaling will be done by computer. 180 days from the last date of receipt of tender. (a) -Deleted- (b) Price Bid (Only of prequalified Bidders) 20 Amount of Security Deposit: (Please refer Clause 1 of Condition of Contract) (b) Dt. 29/12/2015, at hrs. onwards (if possible). 10% of estimated cost put to tender amount which should be Rs Lacs (a) 2.5% of the estimated cost put to tender in the form of Government Security or Shri Nidhi Fixed Deposit in favour of SSNNL. (b) (c) 5% of the estimated cost put to Tender in the form of Bank Guarantee. 2.5% to be deducted from each running account bills, amount at the rate of five percent (5%) of the total value of each bill as remaining Security Deposit subject to the condition that the total amount of such deductions shall not exceed 2.5% of the estimated cost put to Tender. Divisional Accountant Executive Engineer

15 13 FORM - D GUJARAT STATE SARDAR SAROVAR NARMADA NIGAM LIMITED EXECUTIVE ENGINEER, N. P. GATES DIVISION, KEVADIA COLONY. SUPPLY OF MATERIALS Name of Work : Supply of 44mm diameter Galvanized (A-type) wire rope with 6/37 construction, with fiber main core, right hand lag s lay, UTS : 180 Kg/mm2, minimum breaking load 103 MT as per IS and original design & drawings for radial gates of Sardar Sarovar Narmada Project at dam site kevadia colony. (1) Estimated Amount...Rs.2,41,19, (2) Earnest Money...Rs.2,41, (3) Tender fees Rs A Demand Draft / F.D.R. in favour of the EXECUTIVE ENGINEER, N. P. GATES DIVISION, KEVADIA COLONY must accompany with the sealed cover. (4) Last date of downloading tender Documents (5) Last date of online Submission of tender Documents : 28/12/2015, up to 18:00 Hrs. : 28/12/2015, up to 18:00 Hrs.

16 GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS 14 Rule-1 Rule-2 Deleted. The Bids shall be offered in electronic form only on online website till the date and time shown in tender notice. Rule-3 Rule-4 (i) (ii) Rule-5 (1) (a) (b) The tender for the supply shall remain open for a period of 180 (one eighty) days from the date of receiving. The bid shall be liable to be rejected outright, if:- The bidder proposes any alteration in the work specified or in the time specified for delivery of materials or any condition in their covering letter. The bidder or the person authorized to sign on behalf of the bidder does not digitally sign the bid offer. In the event of any discrepancy in the several documents forming the contract or in any one documents the following order of precedence should apply :- Dimension and quantities: (i) Drawings (ii) Schedule of materials of the tender form. (iii) Specifications. On drawing, figured dimensions unless obviously incorrect will be followed in Preference to scaled dimensions. Description: (i) Schedule of Materials of the tender form. (ii) Drawings (iii) Specifications. Rule-6 (a) (b) Any error in quantity or amount in schedule of materials showing items of materials to be supplied shall be adjusted in accordance with the following rules:- In the event of a discrepancy between description in words and figures quoted by a tenderer in the rate columns, the description in words shall prevail. In the event of an error occurring in the amount column of the schedule of material showing items to be supplied, as a result of wrong multiplication of the

17 15 (c) (d) unit-rate and quantity, the unit rate shall be regarded as firm and multiplication shall be amended on the basis of the rate. All errors in totaling in the amount column and in carrying forward totals shall be corrected. Any rounding off of the amounts against items or in totals shall be ignored. The tendered amount so altered shall, for the purpose of tenders, be substituted for the sum originally tendered and considered for acceptance. Rule-7 Rule-8 Rule-9 Deleted Deleted Inspection: Inspection will be done by the Executive Engineer, N.P.Gates Division, Kevadia Colony or by any officer authorized by him on his behalf or by the consignee at destination. (a) The entire materials ordered will have to be offered for inspection in open condition, if required and the same will have to be repacked in such a manner so as to be suitable for transport without any extra costs. Rule-10 Advance Samples: If required, the Advance Sample must be dispatched to the Indenting Officer/consignee so as to reach him by the dates specified. The actual date of dispatch must be reported promptly to the divisional office and to the consignee. The sample must be of an acceptable quality and fully representative of the bulk supply. This is an essential condition of the contract and the Government shall, under no circumstances, be liable for acceptance of any stores manufactured /supplied by the tenderer before the samples have been approved. Rule-11 Deleted N.B. : Deleted Rule-12 Payment of tender fee and Earnest money deposit: Demand draft for E.M.D. & tender fee shall be submitted in electronic format only through online (by

18 16 scanning) while uploading the bid. Bidder shall submit the D.D. in original to Executive Engineer, N.P.Gates Division, Kevadia Colony in person only as per the date mentioned in tender notice. If the contractor does not remit the tender fee & the earnest money within the specified date, his bid will not be opened & will be rejected. Any documents in supporting of tender bid shall be submitted in electronic format only through online (by scanning ), Hard copy will not be accepted separately. Rule-13 The Authorized Officer / competent authority shall open tender online on website on date 29/12/2015 at hrs. Or any other suitable time thereafter, in his office in the presence of intending tenderers or their representative who wish to remain present at that time. He will enter the amount of the tender in a comparative statement in a suitable form. In the event of a tender being accepted, the contractor shall, thereupon for the purpose of identification, sign copies of the specifications and other documents mentioned in his tender. Rule-14 The Officer competent to dispose of the tender shall have the right of rejecting all or any of the tenders. Rule-15 Rule-16 Every bidder shall, produce Current Bank Solvency Certificate along with his tender, equivalent to not less than 20 percent of the estimated amount put to tender in bid document. If he fails to produce such a certificate, his bid shall not be considered Designation and full postal address of the consignee. The intimation shall be given by the Direct Demanding Officer in the requisition order(s)

19 17 DECLARATION CERTIFICATE I/We hereby declare that my/our near relatives are not working in this Division or in its sub-division as an Executive Engineer, Deputy Executive Engineer, Assistant Engineer, Additional Assistant Engineer, Overseer, Divisional Accountant, Storekeeper, Manager of Atithi / Vishram Gruha and in the circle as a Superintending Engineer in addition for Panchayat works not working nor having posting as Chairman of P.W. Committee or as incumbent in Jilla Panchayat or SSNNL today".

20 18 AGREEMENT THIS AGREEMENT made on the day of 2015 between the Executive Engineer,N.P.Gates Division,Kevadia colony (hereinafter called "The Sardar Sarovar Narmada Nigam Limited SSNNL) on the one part and ( hereinafter called contractor" )on the other part. WHEREAS the contractor has given the tender to the SSNNL for the supply to the Executive Engineer, N.P.Gates Division,Kevadia colony (hereinafter called "Executive Engineer") of the materials specified in the Schedule (Attached) as per delivery instructions given in the form of Tender at the respective prices or rates mentioned against the said materials in the column provided for the purpose. AND WHEREAS such tender has been accepted and the contractor has deposited with the Executive Engineer, the sum of Rs. (Rs. only) in as security for due fulfillment of this agreement. NOW IT IS HEREBY AGREED BY AND BETWEEN the parties here to, as follows: (1) The contractor has accepted the contract on the terms and conditions set out in the Tender Notice No. dated as well as in as the form of Tender No. dated which will hold good during the period of this agreement. (2) Upon breach by the Contractor of any of the conditions of this Agreement, Executive Engineer may, by a notice given in writing, rescind, determinate and put to an end to this Agreement without prejudice to the right of the SSNNL to claim damages for antecedent breaches thereof on the part of the contractor and also to reasonable compensation for the loss occasioned by the failure of the contractor to fulfill the Agreement as certified in writing by the Executive Engineer. Such certificate shall be conclusive evidence of the amount of such compensation payable by the Contractor to the SSNNL.

21 19 (3) Upon the determination of this Agreement, whether by efflux of time or otherwise after the expiration of Six(6) months from the date of such determination, the said deposit be returned to the contractor but without interest and after deducting there from any sum due by the Contractor to the SSNNL under the terms and conditions of this agreement. (4) This Agreement shall remain in force until the expiry of the date of delivery of materials but notwithstanding anything contained herein or in the form of Tender, the SSNNL shall not be bound to take the whole or any part of the estimated quantity herein or therein mentioned and may cancel the contract at any time, after giving one month's notice in writing without compensating the contractor. (5) Notice in connection with the Contract may be given by the Executive Engineer or his any representative duly authorized by him. IN WITNESS WHEREOF THE said Contractor hath set his hand here to and the Executive Engineer has, on behalf of the SSNNL, affixed his hand and seal of his office hereto the day and year first above written. WITNESS: 1. (Signature and designation of the contractor) 2. Signed by (Signature of Witness) Place: (Name and Designation) Executive Engineer, N.P.Gates Division OR Officer accepting the tender Date:

22 20 CONDITION OF CONTRACT Clause - 1 (a) (i) (ii) Security Deposit: The total amount of security deposit to be obtained from the contractor whose tender is accepted shall be 10% (Ten percent) of the estimated cost put to tender as under. The tenderer whose tender is accepted (hereinafter called contractor which expression shall unless excluded by or repugnant to the context include his heirs, executors, administrators & assignees) shall pay. Within 10 days from the date of issue, of letter accepting his tender, initial security deposit as under, for due performance of contract as per below. 2.5% (Two point five Percent) of the estimated cost put to tender in the form of Govt. securities like Shri Nidhi deposits of SSNNL, Fixed deposit of nationalised Banks, HDFC Bank, AXIS Bank, ICICI Bank, IDBI Bank, Kotak Mahindra Bank,YES Bank, Ratnakar Bank,IndusInd Bank, Karur Vysya Bank, DCB Bank,ING Vysya Bank,the Kalupur Commercial Cooperative Bank Ltd,Rajkot Nagrik Sahakari Bank Ltd,The Ahmedabad Mercantile Co-operative Bank Ltd.,The Mehsana Urban Co-operative Bank Ltd., Nutan Nagrik Sahakari Bank Ltd. National Saving Certificate, duly pledged in the name of the Engineer In Charge. 5% (Five Percent) of the estimated cost put to tender in the form of bank guarantee (unconditional) as per Annex. II from branch (as may be specified in the Tender) from any nationalised Banks, HDFC Bank, AXIS Bank, ICICI Bank, IDBI Bank, YES Bank, Ratnakar Bank,IndusInd Bank, Karur Vysya Bank, DCB Bank,ING Vysya Bank,the Kalupur Commercial Co-operative Bank Ltd,Rajkot Nagrik Sahakari Bank Ltd,The Ahmedabad Mercantile Co-operative Bank Ltd.,The Mehsana Urban Cooperative Bank Ltd.,Nutan Nagrik Sahakari Bank Ltd. However, if the bank guarantee is issued by the branch other than Branch (as may be specified

23 21 in the Tender) the bank guarantee shall be operatable from branch (as may be specified by the concerned office) in which case the bank guarantee shall be given in the form prescribed in Annex. IIA. The bank guarantee should be unconditional and valid for a period at least three months after defect liability period is over. (b) (c) In addition to the above initial Security Deposit, the Engineer-in-Charge shall deduct from the intermediate bills i.e. the running account bills an amount at the rate of 5% (five percent) of the total amount of each bills, as a remaining Security Deposit subject to the condition that the total amount of such deductions shall not exceed 2.5%(Two point five percent) of the estimated cost put to Tender. If the Contractor expressly requests in writing he may be permitted to convert Security Deposit recovered from his Bills into Interest Bearing Government Securities, Shri Nidhi Deposits of SSNNL or Interest Bearing Deposits with (1) All Nationalized Banks including the Public Sector Bank such as IDBI Ltd. (2) Private Sector Banks such as Axis Bank, ICICI Bank and HDFC Bank / Commercial Banks such as Kotak Mahindra Bank, Yes Bank, Ratnakar Bank, IndusInd Bank, Karur Vysya Bank, DCB Bank, ING Vysya Bank and Co-Operative Banks such as The Kalupur Commercial Co-operative Bank Ltd., Rajkot Nagrik Sahakari Bank Ltd., The Ahmedabad Mercantile Co-Operative Bank Ltd., The Mehsana Urban Cooperative Bank Ltd., Nutan Nagrik Sahakari Bank Ltd. as decided by the Finance Department, Govt. of Gujarat from time to time, in the Name of the Executive Engineer-In-Charge or into Bank Guarantee in the Form at Annexure-II issued by Branch (as may be specified by the Concerned Office) of any Nationalized Bank / HDFC Bank / ICICI Bank / AXIS Bank / IDBI Bank / The Kalupur Commercial Co-operative Bank Ltd. / The Mehsana Urban Co-Operative Bank Ltd. / Rajkot Nagrik Sahakari Bank Ltd. / The Ahmedabad Mercantile Co-Operative Bank Ltd. / Nutan Nagrik Sahakari Bank Ltd. / Kotak Mahindra Bank / YES Bank / IndusInd Bank / Ratnakar Bank / Dena Gujarat Gramin Bank or Banks as decided by the

24 22 Finance Department, Govt. of Gujarat from time to time, in installments as shown in below mentioned Table. Sr. No Financial Progress of the Work 25% of Tender Amount 50% of Tender Amount 75% of Tender Amount Amount of Security Deposit to be released from the Amount deducted at the Rate of 5% from Running Bills towards Security Deposit. Amount deducted from Running Bills or 1.25% of the Estimated Amount whichever is less. Amount deducted from Running Bills or 2.50% of the Estimated Amount whichever is less. Amount deducted from Running Bills or 3.75% of the Estimated Amount whichever is less. Amount of Bank Guarantee or Interest Bearing Instrument as above Equal to the Released Amount Equal to the Released Amount Equal to the Released Amount (d) The Bank Guarantee must remain valid for at least three months after the warranty (Defect Liability Period) is over. (e) Fifty percent (50%) of the Security Deposit less any amount due shall be returned to the contractor on completion of the warranty (Defects Liability Period) and the remaining Fifty percent (50%) of the security deposit shall be returned only after three months of the warranty (defect liability period) is over and subject to the Engineer-in-Charge certifying that no liability is attached to the contractor. (f) Additional security deposit shall be furnished by the bidder as decided by Nigam s authority at the time of entering into contract, if any. (g) -Not Applicable- ACTION WHEN SECURITY DEPOSIT IS FORFEITED In any case, in which under any clause or clauses of this contract, the contractor shall have rendered himself liable to pay compensation

25 23 amounting to the whole of his security deposit (Whether paid in one sum or deducted by installments) or in the case of abandonment of the work owing to serious illness or death of the contractor or any other cause, the Engineer - In -Charge on behalf of the Nigam, shall have powers: (a) To rescind the contract (of which rescission notice in writing to the contractor under the hand of Engineer - In - Charge shall be conclusive evidence) and in that case the security deposit of the contractor shall stand forfeited and be absolutely at the disposal of the Nigam. Clause 2 Termination of contract: Should the contractor fail to deliver the materials or any part thereof, within the contracted period of delivery or in case, the materials are found not in accordance with prescribed specification and/or approved sample, the Executive Engineer shall exercise his discretionary powers either : (a) (b) to recover from the Contractor as liquidated damages, a sum not exceeding one percent of the price of the materials which the Contractor has failed to deliver as aforesaid per day or part thereof during which the delivery of such materials may be in arrears, but subject to a maximum limit in the case of an order not exceeding Rs. 1 lakh in value, of 10% and in the case of an order exceeding Rs. 1 lakh in value of 5% of the stipulated price of the materials, sales tax, general tax, excise duty, packing charges etc. so undelivered or to purchase from elsewhere on contractor's account and at his own risk the materials so undelivered of a similar description without canceling the contract in respect of the consignment not yet due for delivery or (c) To cancel the contract.

26 24 In event of risk purchase of materials of similar description, the opinion of the Executive Engineer shall be final, which will be exercised by him only, when materials of exact specification are not readily procurable. In the event of action taken under clause (a) or (b) above, the Contractor shall be liable for any loss, which the SSNNL may sustain on that account, but the Contractor shall not be entitled to any saving on such purchases made against default. If the Supplier/Firm fails to supply the material in the time limit, the Supplier/Firm will be disqualified for tendering up to Two Years, (vide R. & B.D. G.R. No. TNC/C9B/170/27-S/DI ) The decision of the Executive Engineer shall be final as regards the acceptability of materials supplied by the Contractor and the Executive Engineer shall not be required to give any reason in writing or otherwise, at any time for the rejection of materials. Clause - 3 Risk in transit: Goods/Materials should be dispatched at tenderer's risk up to the delivery point i.e. store nearby dam site at Kevadia colony. The goods/materials to be inspected before dispatch and a certificate to the effect that (1) The goods/materials are inserted in packages in safe and in sound conditions, and that (2) According to the normal trade practice, the packing used is good to be furnished by the Contractor.

27 25 Failure to comply with these instructions may result in non-acceptance of transit-risk by the Insurance Officer. N.B. Transit-Insurance form may be obtained from the Directorate of Insurance, directly in case the materials are to be insured. (a) When the good/materials are dispatched from station outside Gujarat State, the Contractor has to declare the condition of the packing. (b) Railway Receipt or parcel receipt of the Gujarat State Road Transport Corporation should not be sent by V.P.P. as the payments for goods/materials dispatched, shall be made in ordinary way. Clause 4 Date of Delivery: Sr. Qty of wire Period of Supply No rope to be supply Rmt Within one month from the date of issue of work / purchase order Rmt Within two month from the date of issue of work / purchase order Rmt Within time limits of contract Note: (i) In the event of contractor's liability to supply goods/materials by the stipulated date, the office placing the order must be informed and no supplies will ordinarily be accepted by the consignee, if delivered late, except on production of a specific sanction from the officer placing the order.

28 26 (ii) The date for inspection of material shall be kept in such schedule so that minimum 5120 Rmt wire rope should be received at dam site kevadia colony within one month (iii) Date of delivery is the date on which acceptable goods/materials have been offered for inspection either to the Executive Engineer or his authorized representative or to the consignee. Clause -5 Bills: Bills for the materials to be supplied in compliance of this contract must be prepared in duplicate and sent to the consignee for payment. A copy of the bill should be sent to the officer who has placed the order for record. Intimation should be sent to Executive Engineer when the full payment of contractor's bill is recovered. Clause 6 VAT/ SERVICE TAX/ OTHER TAXES/LOCAL TAXES 6.1 The rate quoted by the Contractor shall be deemed to be inclusive of VAT / Other State Taxes / Local Taxes prevailing as on 30 Days prior to submission of bid where applicable on materials that have to be purchased for performance of the Contract including completed items of Work. 6.2 VAT/ Other State Taxes / Local Taxes leviable for the Work (including material component) under the Contract shall be borne by the Contractor and it shall not be reimbursed by the SSNNL 6.3 If the Contractor is assesses of VAT / Other State Taxes / Local Taxes he should produce valid VAT / Other State Taxes / Local Taxes Clearance Certificate before the payment of the final bill, otherwise the final payment to the Contractor shall be withheld. The Contractor even after completion of the Work and final payment have been made to him will be liable to pay

29 27 any VAT/ Other State Taxes / Local Taxes liability and SSNNL shall not be responsible for any VAT / Other State Taxes / Local Taxes liability of the Contractor. 6.4 VAT / Other State Taxes / Local Taxes at source shall be deducted as per the prevailing statutory provision DELETED- Difference of payment due to any upward revision of VAT/ Other State Taxes / Local Taxes (Except on those comp onents whose price rise is fully compensated as per Clause No. 38, Price Adjustment) during the period of Contract shall be borne by the SSNNL. Such Tax shall be paid by the Contractor and it will be reimbursed by the SSNNL upon production and verification of proof of payment. Similarly, in the event of reduction or abolition of VAT/ Other State Taxes / Local Taxes on any or all materials purchased by the Contractor for completion of the Work under Contract, the Contractor shall pass on this benefit to the SSNNL. For above purpose, the Contractor shall produce a certificate from their auditor / Chartered Accountants/ Tax consultants giving year wise details of purchases, revised rates of VAT / Other State Taxes / Local Taxes quantum etc. along with the proof. The SSNNL will re-imburse or deduct as the case may be such amount, after scrutiny of the claim at the time of final payment of the bill. 6.6 The Contractor enjoying VAT exemption, at the time of submission of tender and / or during the currency of the Contract shall pass on this benefit to the SSNNL. He shall provide certificate duly signed by their Auditors / Chartered Accountant Tax-Consultants before payment of final bill otherwise payment of final bill shall be withheld. Clause - 7 Execution of Agreement: Tenderer will be required to enter into agreement (appended herewith) for the due performance of the contract.

30 28 Clause - 8 Warranty: The goods/stores/articles/materials sold to the Buyer under this contract shall be new, of the best quality (and workmanship) and shall be strictly in accordance with the specifications and particulars contained/ mentioned in the tender and the Contractor/seller hereby guarantee that the said goods/stores/articles/ materials would continue to conform to the description and quality aforesaid for a period of 24 months from the date of delivery of the said goods/stores/articles/materials to the purchaser and that notwithstanding the facts that the purchaser (Inspector) may have inspected and/or approved to said goods/stores/articles/materials, if during the aforesaid period of 24 months the said goods/stores/articles/ materials be discovered not to conform to the description and quality aforesaid or have deteriorated (and the decision of the purchaser in that beha lf will be final and conclusive) the purchaser will be entitled to reject the said goods/stores/articles/materials or such portion thereof as may be discovered not to conform to the said description and quality. On such rejection, the good/stores/articles/materials will be at the Seller's risk and all the provisions herein contained relating to rejection of goods etc. shall apply. The contractor/seller shall if so called upon to do, replace within a period of one month or such further period, as may be extended from time to time by the purchaser, on an application made therefore by the Contractor/Seller, the rejected goods/stores/articles/materials or such portion thereof; as is rejected by the purchaser and in such an event the above mentioned warranty period shall apply to the goods/stores/ articles/materials replaced from the date of the replacement thereof; otherwise the Contractor/Seller shall pay to the purchaser such damages as may arise by reason of the breach of the Condition herein contained. Nothing herein contained shall prejudice any other right of the purchaser in that behalf under this contract or otherwise.

31 29 Clause -9 Laws: (i) (ii) This contract shall be governed by the laws in force in Gujarat State and shall be subject to jurisdiction of the court in the District Head Quarters of the Executive Engineer signing this contract. The marking of all materials supplied must comply with the requirements of the Indian Acts relating to Merchandise Marks and of the rules made under such Acts. Clause - 10 Indemnities: The Contractor shall, at all times, indemnify the SSNNL against, all claims which may be made in respect of the materials for infringement of any protected by patent, registration of design or Trade Mark and shall take all risk of any right protected by patent, registration of the supply from whatsoever cause arising and the entire responsibility for the sufficiency of the right, used by him for the fulfillment of the contract, PROVIDED ALWAYS that in the event of any claim in respect of alleged breach of Letter Patent, Registered Patent, Registration of Design, or Trade Mark being made against the SSNNL, shall notify to the contractor of the same and the contractor shall be at liberty at his own expenses, to conduct negotiations for the settlement of any litigation that may arise there from. Clause - 11 Insolvency: Should the Contractor be adjudicated insolvent or has a receiving order made against him, or mark or enter into any arrangement or compromisation with his creditors, or suspend payment (or being a company, be wound up either compulsorily or voluntarily) or commit any breach of this contract not herein specially provided for the Executive Engineer shall have power to declare the contract at an end in which case

32 30 the contractor shall be liable to pay to the Government for any extra expenses the Government is thereby put to, but shall not be entitled to any gain or repurchase. Clause - 12 Breach of Contract: Should the contractor fail to abide by any of the terms and conditions of this contract, the failure on his part shall constitute a breach of the contract and action as deemed proper shall be taken against him under clause (2) of this contract. Clause - 13 Repeat orders: Deleted Clause - 14 Disputes etc. subject to local court: All questions, disputes or difference arising under, out of or in connection with the contract, if concluded shall be subject to the exclusive jurisdiction on the Court, at the Head quarters of the Executive Engineer who has signed the contract agreement. Clause - 15 Period of Rate Contract This contract will remain in force for a period of Six (6) Months from the date of issue of acceptance letter for this Rate-Contract. Clause - 16 Premature determination of contract: The Executive Engineer shall, in addition to his powers under other clauses to determine this contract, have powers to terminate his liabilities there under at any time by giving one month's (or such shorter period as may be mutually agreed) notice in writing to the Contractor of his desire to do so and, upon expiration of the notice, this contract shall be determinate without prejudice to the right accrued to the date of determination.

33 31 Clause-17 Certificate On the completion of the delivery of materials the contractor shall be furnished with a certificate to that effect, but the delivery shall not be considered to be complete until the contractor shall have removed all rejected materials, and shall have the approved materials stocked or placed in such position as may be pointed out to him. Clause - 18 Action for damages: If the contractor or his workmen shall break or deface any building, road, fence enclosure or grass-land or any cultivated land, he shall repair or replace the same and if any damage has been done, he shall make good the same at his own expense and in the event of his refusing or failing to do so the damage shall be made good at the contractor's expenses, by the officer inviting the tender, who shall deduct the cost from any sum due or which may become due to the contractor or from his security deposits or the proceeds of sales thereof or a sufficient portion thereof. Clause-19 Delivery on Sundays: No materials shall be brought to the site of the work or stores or delivered on Sundays without the written permission of the officer in charge of the work. Clause- 20 Subletting of Contract: This contract shall not be sublet without the written permission of the Executive Engineer. In the event of the contractor subletting his contract without such permission, he shall be considered to have thereby committed a breach of the contract and shall forfeit his security deposit to the SSNNL and shall have no claim for any compensation or any loss that may accrue on account of the collection of the materials or engagement entered into.

34 32 Clause - 21 Compensation under the Workmen's Compensation Act: The contractor shall be responsible for and shall pay any compensation to his workmen which may be payable under the Workmen's Compensation Act (VII of 1923), hereinafter called the said Act for injuries suffered by them. If such Compensation is paid by the Government as principal under Subsection (i) of Section 12 of the said Act on behalf of the contractor, it shall be recoverable by the Government from the contractor under Sub-section (2) of the said section. Such compensation shall be recovered in the manner laid down in Clause-I above. Clause - 22 Decision of Superintending Engineer to be final: The decision of the Superintending Engineer, for the time being, shall be final, binding and conclusive on all questions relating to the meanings of the conditions of contract and specifications of materials supplied except acceptability of materials in which case, the decision of Executive Engineer under clause 2 is final. Clause- 23 No guarantee that materials indicated in the schedule will be ordered: No guarantee can be given that the total number of quantities of materials indicated in the schedule of the contract will be ordered during the period of the contract but the Executive Engineer shall purchase from the contractor all such materials as are detailed in the schedule, which he may require to purchase during the period of the contract. Clause - 24 Contractor bound to complete the work at the rates mentioned in contract: No claim or claims made by the contractor for increased rates on the grounds that the market or other rates included in the contract have risen during the period of his contract will be recognized that is to say, the contractor is bound to complete the work and/or to supply materials at the fixed rates mentioned in the contract.