UTTAR HARYANA BIJLI VITRAN NIGAM Notice Inviting Tender Superintending Engineer, (OP), Circle, UHBVNL, Kaithal FOR

NIT No. Brief Scope of work No of EMD (in Last Date & Time of connections lacs) Submission / Date & Time of opening of BIDs

NIT No- Supply of material, erection, testing & commissioning to 16.01.2015 (03:00 release of 41 Nos, Tubewell connections in respect of 62/SEOPKTL/ 41 Nos. 0.17 PM) / 16.01.2015 Pundri-1, Pundri-2, Dhand & Rajound under SE (OP) 2014-15 Circle, UHBVN, Kaithal on turnkey basis. (03:30 PM)

Superintending Engineer ‘OP’ Circle UHBVN, Kaithal

Note: All the Tender Documents related to above are also available on www.uhbvn.com.

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UTTAR HARYANA BIJLI VITRAN NIGAM BIDDING DOCUMENT (NIT NO. 62/SEOPKTL/2014-15) FOR Supply of material, erection, testing & commissioning for release of 41 Nos, Tubewell connections in respect of (OP) S/Division, No-1, Pundri, (OP) S/Division, No-2, Pundri, (OP) S/Division, Dhand & (OP) S/Division, Rajound under XEN (OP) Division, UHBVNL, Pundri under S.E (OP) Circle, UHBVNL, Kaithal on turnkey basis. VOLUME-I CONDITIONS OF CONTRACT

SUPERINTENDING ENGINEER/OP CIRCLE UHBVN, KAITHAL

Note: All the Tender Documents related to above are also available on www.uhbvn.com.

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INDEX

VOL-I

SECTION DESCRIPTION PAGE NO.

I INVITATION FOR BID 2-8

II INSTRUCTIONS TO APPLICANTS 9-27

III CONDITIONS OF CONTRACT 28-67

IV SCHEDULE OF UNIT PRICES / 68-81 SAMPLE FORMS & PROCEDURES V TECHNICAL SPECIFCATIONS OF 83-250 MATERIAL

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SECTION – I

INVITATION FOR BID

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UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED NAME OF WORK Supply of material, erection, testing & commissioning to release of 41 Nos, Tubewell connections in respect of Pundri-1, Pundri-2, Dhand & Rajound under SE (OP) Circle, UHBVN, Kaithal on turnkey basis PERIOD OF SALE OF BID DOCUMENTS Up to 15.01.2015

CLOSING DATE 16.01.2015 (Up to 03:00 P.M.)

OPENING DATE 16.01.2015 (at 03:03 P.M.)

PLACE OF SUBMISSION OF BID OFFICE OF THE Superintending Engineer/ OP Circle, UHBVNL, Rajiv Gandhi, Vidyut Bhawan, Pehowa Chowk, Kaithal-1306027 PLACE OF OPENING OF BID OFFICE OF THE Superintending Engineer/ OP Circle, UHBVNL, Rajiv Gandhi, Vidyut Bhawan, Pehowa Chowk, Kaithal-1306027 OFFICE INVITING BID OFFICE of THE Superintending Engineer/ OP Circle, UHBVNL, Rajiv Gandhi, Vidyut Bhawan, Pehowa Chowk, Kaithal-1306027

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UTTAR HARYANA BIJLI VITRAN NIGAM

TENDER NOTICE

Closing date of sale of Tender documents: 15.01.2015 at 5:00PM Closing date of tender: 16.01.2015 at 03:00PM Opening date of tender: 16.01.2015 at 3:30PM Sealed Single part Tender comprising to Technical / Financial qualification and Price Bid, are invited by the undersigned on behalf of UHBVNL, from the experienced contractors who has worked in the recent past on similar works of Government, Nigam’s or big private electrical construction firm, for supply and erection & commissioning of the 11KV works detailed below: -

Bid No./ Description of work Approximately Earnest Completion Package Estimated cost Money (In Period lacs) NIT62/SE Supply of material, erection, testing & OP KTL- commissioning to release of 41 Nos, 2014-15 Tubewell connections in respect of 16.15 Lacs 0.17 Lacs One Month Pundri-1, Pundri-2, Dhand & Rajound under SE (OP) Circle, UHBVN, Kaithal on turnkey basis 1. The enlistment of those applicant firms shall be considered & finalized, who shall meet with eligibility criteria as set out by the Nigam and detailed as follows: - i) The applicant firm / contractor should not be ‘Black Listed / suspended /barred’ by any Utility / any State / Central Govt., Department / PSUs, nor should have any pending ‘Litigation’ proceedings on the date of opening of BID. An affidavit to this effect by the authorized signatory, on NJSP of appropriate value, duly attested & registered by the NOTARY shall be required to be submitted. In case of any wrong declaration, the firm shall be liable for the consequences arising thereof, as deemed fit by the Nigam. Any Enlisted firm / firm who has been either black-listed, barred or whose business has been suspended by any Govt., / semi-Government power utility of India, the Enlisted firm’s application shall not be entertained under any circumstances and in case of detection of the such nature of default at any stage of the empanelment shall be liable for cancellation of empanelment without any notice. ii) The applicant firm / contractor shall submit copy of valid HT Electrical License authorizing them for carrying out 11 kV works or above voltage works issued by the office of Chief Electrical Inspector of any Indian state. Any applicant firm not possessing such a license shall not be eligible to apply. However, the applicant firm shall submit a copy of valid HT electrical license issued by CEI Haryana after their enlistment and the work-order shall be issued only after the receipt of the same. iii) The firm should have all the instruments, apparatus, man-power, tools & tackles, other facilities for execution of the turnkey works & shall submit documentary evidence for the same. However, no interest shall be payable by the Nigam for any amount deposited. a) Technical: - 11 kV Lines Page 6 of 80

The applicant firm should have completed successfully minimum Two times of the total length of line of 11 kV line or higher voltage, during last two financial years. All supporting documents suggesting completion of executed works shall be required to be furnished along with their request / application for empanelment which shall include completion / performance certificates from the Utilities / Govt., / semi Govt., departments, Corporate houses. 2.3 Financial Criteria: i The applicant firm should also have minimum financial turnover two times of total cost of contract or higher, out of last two financial years. The above shall be certified by the Chartered Accountant along with his seal & signatures that the turnover pertains to electrical works only. ii) The applicant firm should have Liquid assets (LA) and / or evidence of access to or availability of credit facilities of NOT less than Rs. 10 lacs (Rs. Ten lacs), of any scheduled bank, as on the date of opening of BID. iii) LA will be calculated on the basis of latest audited balance sheets and unutilized balance of Letter of Credit (LC) & Cash Credit (CC) limits (fund based), will be considered on the day of BID opening and applicant will also enclose the complete sanction order of the limits , 2. The applicant firm shall offer single-percent-basis rates (plus or minus) which shall be applicable for all the items for supply & erection against the standardized estimated unit rates of the Nigam. The single percent rates should be reasonable & not arbitrary. Nigam shall be empowered to reject & disqualify any applicant, if the quoted rates of the applicant are found to be unbalanced, arbitrary or exaggerated. 3. All submitted documents shall be self-attested by the firm’s authorized signatory & his nomination / name to sign on behalf of the firm shall be authenticated by Power of Attorney executed by senior executive(s) like MD, Proprietor, President etc., of the firm.

4. The application and other details of terms & conditions can be had from the office of Executive Engineer, Operation Division, UHBVNL, Rajiv Gandhi, Vidyut Sadan, Pehowa Chowk, Kaithal-136027 on any working day during working hours dated up to 15.01.2015 by paying in cash with Cashier UHBVN Kaithal or through crossed DD (payable at Kaithal) of Rs. 2000/- in favour of Executive Engineer/Operation Divn., UHBVNL Kaithal. The duly filled applications along with other supporting documents should reach the office of S.E OP Circle, UHBVNL, Kaithal by 03.00 PM dated 16.01.2015. The applications received shall be opened on 16.01.2015 at 3.30 PM in the office of undersigned 5. Any other information/details required in this regard can be had from the office of undersigned Nigam reserves the right to accept / reject the request of any applicant firm / contractor regarding acceptance of BID application without assigning any reason.

Superintending Engineer ‘OP’ Circle UHBVN, Kaithal

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SECTION – II

INSTRUCTION TO APPLICANTS

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INSTRUCTION TO APPLICANTS

CONTENTS Sr. Description Page No. No. 1. Scope of BID 12-14 2 Qualification of the APPLICANT 14-16

3 Cost of BID 16

4 One BID per Applicant 16

5 Clarifications of BID documents 16

6 Amendment for BID Documents 16-17

7 Language of BID 17

8 Local Conditions 17

9 Documents comprising the BID 17

10 BID Price 17-18

11 BID Price Validity 18

12 Taxes and Duties 18-19

13 BID Security 19

14 Format of BID 20

15 Signature of BID 20

16 Sealing and Marking of BID 20

17 Deadline for submission of BID 21

18 Late BID 21

19 Modification and withdrawal of BIDs 21

20 Opening of BIDs by Nigam 21-22

21 Clarification of BIDs 22

22 Examination of BIDs 22

23 Definition and Meanings 22

24 Comparison of BIDs 23

25 Contacting the Nigam 23

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26 Award Criteria 23-24

27 Nigam’s right to Accept any BID and Reject any or all BIDs 24

28 Notification of Enlistment 24

29 Signing of Contract 25-26

30 Quantity variation 26

31 Site visit 26

32 Storage of Material 27

33 Warranty Period for Static Energy Meter 27

34 Empanelled Manufacturers 27

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INSTRUCTIONS TO APPLICANTS 1. SCOPE OF BID Uttar Haryana Bijli Vitran Nigam, Panchkula, hereinafter called “The Employer” wishes to invite Sealed tenders in single part, from the experienced contractors who either himself or his erection contractor has worked in the recent past on similar works of Government, Semi Government, Nigam’s or big private electrical construction firm supply and erection of the 11KV works for release of HT-Tubewell connections, along with whole current Energy Meters, LT Cables, LT Capacitors and all other allied material etc. under (OP) S/Division, UHBVN, No- 1, Pundri under XEN OP Division, UHBVNL, Pundri as detailed below:- Bid No./ Description of work Approximately Earnest Completion Package Estimated cost Money (In Period lacs) NIT62/SE OP Supply of material, erection, testing KTL/2014-15 & commissioning to release of 41 Nos, Tubewell connections in 16.15 Lacs 0.17 Lacs One Month respect of Pundri-1, Pundri-2, Dhand & Rajound under SE (OP) Circle, UHBVN, Kaithal on turnkey basis

The enlistment of those Enlisted firms shall be considered & finalized, who shall meet with eligibility criteria as set out by the Nigam. 1.2 The successful Bidder FIRMS shall have to complete the Works by the intended / scheduled Completion date specified by the Nigam. 1.3 (a) The scope of Work shall include complete engineering of the line as per design given in the BID documents, manufacture, testing and supply of all the required material on FOR destination/site basis including transportation, insurance, storage, erection, testing and commissioning of 11 kV single circuit lines including new Pole Mounting sub- stations on 9 m / 11 m PCC poles with 11/0.4 kV, 25/63/100 KVA distribution transformer along with allied material. The supply items shall include 9.0 M / 11 m PCC poles, Distribution transformers, transformer platforms, ACSR Conductor 30/50/100 mm², Whole Current Static energy meters with/without RF communication module & MDI facility, metallic box which shall house meter, MCCBs & LT bushings of the DTs, 11 kV porcelain / composite insulators with required fittings, 11 kV porcelain / Composite Pin Insulators, Single Tension fitting, Stay rods with elbow, Stay wire, pipe / rod Earthing with GI wire, GO Switches, PG clamps/C-wedge connectors, MS Angle iron, MS / FRP X-arms/top brackets, MS Flat including fabrication of Clamps, Drilling, Cutting, providing muffing in marshy land. The scope of supply items also includes LT insulators, 4-core LT PVC cables, PVC/flexible pipe and all other accessory items/job not specifically mentioned but required to complete the Work. (T/Fs to be supplied by the Nigam)

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Poles to be used / supplied by the turnkey Enlisted firm shall be marked by stencil with Black ink with name of Enlisted firm/firm along with BID number & year of allotment of work. (b) The scope shall also include the raising/lowering of existing electricity lines to provide proper clearances/crossings and guarding. The insurance & transportation of conductor and other material dismantled from the lines at the work-site to return to the Nigam’s store shall also be covered in the scope of firm. The Nigam’s representative shall be responsible to get this material returned to store. 1.4 The applicant shall inform the UHBVN about the source of supply of material. The material/equipment shall be dispatched from this source only after inspection and approval by authorized representative of the Nigam. Installation of material will be as per the approved drawings and specification. The supplier of material will also supply the type test certificates at the time of inspection-call of items, which will be further examined by the inspecting authority. 1.5 Final Checking, Testing and commissioning. After completion of Works, final checking of lines shall be done by the firms to ensure that all the Foundation Works, Pole Erection & T/F mounting and Stringing has been done according to specifications and as approved by the Nigam. All the Works shall be thoroughly inspected keeping in view the following main points. b) Sufficient back filled earth is lying over each pit and it is adequately compacted. c) All bolts are properly tightened and punched/tack welded. d) The stringing of the conductors and earth wire has been done as per the approved sag and tension charts and desired clearances are clearly available. e) All conductor and earth wire accessories are properly installed. f) All other requirement to complete Work like fixing of danger plate, phase plate, number-plate, anti-climbing device etc. are properly installed. g) The insulation of line as a whole is tested by the firm by providing his own equipment, labour etc. to the satisfaction of Nigam. h) The Poles are properly grounded. i) The Chief Electrical Inspector, Haryana, tests the lines & Distribution T/Fs for satisfactory operation before commissioning. 2. QUALIFICATION OF THE APPLICANT 2.1 General Requirements: a) The APPLICANT firm / contractor should be financially sound and must not be anticipating any ownership change during the period from BID submission to two years after Commercial operation defined as successful completion of commissioning

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of the distribution lines and acceptance of the same by the Nigam. However, in case the firm is anticipating any such ownership change/takeover at any stage of the entire BID process and during the execution of contract they shall seek prior approval from the Nigam well in time. It shall be the sole discretion of the Nigam to grant permission for such change in ownership/takeover and if allowed by the Nigam for ownership change, the new company shall own all responsibilities and liabilities under the contract and the old firm should not be blacklisted by any state/centre government or any of its agencies. b) The APPLICANT firm / applicant shall have adequate design, infrastructure and erection facilities, capacities and procedure including quality control. c) The applicant firm / contractor shall submit copy of valid HT Electrical License authorizing them for carrying out 11 kV works or above voltage works issued by the office of Chief Electrical Inspector of any Indian state. Any applicant firm not possessing such a license shall not be eligible to apply. However, the applicant firm shall submit a copy of valid HT electrical license issued by CEI Haryana after their enlistment and the work-order shall be issued only after the receipt of the same. b) 2.2 Technical: - 11 kV Lines

The applicant firm should have completed successfully minimum Two times of the total length of line of 11 kV line or higher voltage, during last two financial years. All supporting documents suggesting completion of executed works shall be required to be furnished along with their request / application for empanelment which shall include completion / performance certificates from the Utilities / Govt., / semi Govt., departments, Corporate houses. 2.4 Financial Criteria: i The applicant firm should also have minimum financial turnover two times of total cost of contract or higher, out of last two financial years. The above shall be certified by the Chartered Accountant along with his seal & signatures that the turnover pertains to electrical works only. iv) The applicant firm should have Liquid assets (LA) and / or evidence of access to or availability of credit facilities of NOT less than Rs. 10 lacs

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(Rs. Ten lacs), of any scheduled bank, as on the date of opening of BID. v) LA will be calculated on the basis of latest audited balance sheets and unutilized balance of Letter of Credit (LC) & Cash Credit (CC) limits (fund based), will be considered on the day of BID opening and applicant will also enclose the complete sanction order of the limits vi) LA will be calculated on the basis of latest audited balance sheets and unutilized balance of Letter of Credit (LC) & Cash Credit (CC) limits (fund based), will be considered on the day of BID opening and applicant will also enclose the complete sanction order of the limits. 2.4 To be qualified for empanelment, applicant shall provide evidence, satisfactory to the Nigam of their capability and adequacy of resources to carry out the Contract, effectively. BID application filed shall include the following information: a) Copies of documents defining the constitution or legal status, place of registration and principal place of business, written power of attorney of the signatory of the applicant to commit the BID. b) Total annual turnover of erection and supply of material and equipment, of similar nature over the last 3 years. c) Description of the tools and Plant for carrying out the Works. d) The Qualification and Experience of key personnel, proposed for carrying out the Work. e) Reports on the financial standing of the Applicant including profit and loss statements, balance sheets and auditors reports of the past three years. f) Evidence of access to lines of credit and availability of other financial resources. g) Information / undertaking on NJSP duly attested by NOTARY regarding any litigation, current or during the last two years, in which the applicant is involved, the parties concerned and disputed amount. h) The applicant firm / contractor should not be ‘Black Listed / suspended /barred’ by any Utility / any State / Central Govt., Department / PSUs, nor should have any pending ‘Litigation’ proceedings. An affidavit to this effect by the authorized signatory, on NJSP of appropriate value, duly attested & registered by the NOTARY shall be required to be submitted. In case of any wrong declaration, the firm shall be liable for the consequences arising thereof, as deemed fit by the Nigam. Any Enlisted firm / firm

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who has been either black-listed, barred or whose business has been suspended by any Govt., / semi-Government power utility of India, the Enlisted firm’s application shall not be entertained under any circumstances and the detection of the such default at any stage of the empanelment shall be liable for cancellation of empanelment without any notice. i) All submitted documents shall be self-attested by the firm’s authorized signatory & his nomination / name to sign on behalf of the firm shall be authenticated by Power of Attorney executed by senior executive(s) like MD, Proprietor, President etc., of the firm.

3. Cost of BID

The applicant shall bear all the cost and expenses associated with preparation and submission of its BID including post BID discussions, technical and other presentation etc. and Nigam will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the BID. 4. One BID per Applicant

Each applicant shall submit only one BID by himself, or as a partner in a firm. 5. Clarifications on BID documents

5.1 If the prospective Applicant finds discrepancies or omission in the specifications and document or is in doubt as to the true meaning of any part, he shall at once make a request, in writing, for any interpretation/clarifications to the Nigam. The Nigam then will issue interpretations and clarifications as he may think fit in writing. After receipt of such interpretations and clarifications, the Applicant may submit his BID but within the time and date as specified in the invitation to BID. All such interpretations and clarifications shall form a part of the BID document and shall accompany the Applicant’s proposal. A prospective Applicant requiring any clarification on BID Document may notify the Nigam in writing. 5.2 Verbal clarifications and information given by the Nigam or his employee(s) shall not in any way be binding on the Nigam. 6 Amendment for BID Documents. 6.1 At any time prior to the deadline for submission of BIDs, the Nigam may, for any reason, whether at its own initiative or in response to a clarification required by a prospective Applicant, modify the BID Documents by amendment(s). 6.2 The amendment will be notified in writing or by telex or cable to all prospective Applicants, which have received the BID Document at the address contained in the letter of request for issue of BID Page 15 of 80

Document from the Applicants. Nigam will bear no responsibility or liability arising out of non-receipt of the same in time or otherwise. 6.3 In order to afford prospective Applicant reasonable time in which to take the amendment into account in preparing their BIDs, the Nigam may, at its discretion, extend the deadline for the submission of BIDs. 6.4 Such amendments, clarifications etc. shall be binding on Applicants and will be given due consideration by the Applicant while they submit their BIDs and invariably enclose such documents as a part of the BID. 7 Language of BID The application / documents prepared by the Applicant and all correspondence and documents relating to the BID, exchanged by the Applicant and the Nigam, shall be written in the English language. 8 Local Conditions 8.1 It will be imperative on each Applicant to fully inform himself of all local conditions and factors, which may have any effect on the execution of the Contract. Nigam shall not entertain any request for clarifications from the Applicants, regarding such local conditions. 9 Documents Comprising the BID

9.1 The Applicant shall complete the BID Form inclusive of Price Schedules; Financial & Technical Data Requirements etc. furnished in the BID Documents,. 9.2 The Applicant shall also submit documentary evidence to establish that the Applicant meets the Qualification Requirements.. 9.3 The Applicant must enclose attested photocopy of PAN Card held by the Proprietor/Directors /Partners or as the case may be. 9.4 The BID fee shall be furnished in a separate cover. 10 BID Price

10.1 The applicant firm shall offer single-percent-basis rates (plus or minus) which shall be applicable for all the items for supply & erection against the standardized estimated unit rates of the Nigam (Annexure-I). 10.2 The single percent rates should be reasonable & not arbitrary. Nigam shall be empowered to reject & disqualify any applicant, if the quoted rates of the applicant are found to be unbalanced, arbitrary or exaggerated. 10.3 Price quoted for each item in the BID’s schedule of prices shall be reasonable for each item in the judgment of the Nigam. Under no circumstance, will a manifestly unbalanced BID be considered. 10.4 The BID prices quoted shall include the following:-:

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a) Ex-Works price for the materials including Excise Duty & Sales Tax applicable. b) Charges for inland transportation and insurance for delivery of the material up to their final destinations, service charges, labour welfare cess etc.,. c) Erection charges, which include unloading at the final destinations, insurance, storage, erection, testing and commissioning. 10.5 The Applicant shall fill in +% rates for all items of Works described in the schedule of prices, whether quantities are stated or not. 10.6 The Applicant shall complete the BID form and shall appropriate the price and other schedules furnished in the BID Documents, indicating the supplies and the services to be provided. 10.7 All prices quoted by the Applicant shall be ‘FIRM’ during the performance of the Contract. 10.8 The prices shall be quoted in Indian Rupees. 11 BID Price Validity 11.1 %Prices as mentioned in the BID shall remain valid for 6 (Six) months after the date of opening of BIDs. 11.2 In exceptional circumstances, prior to expiry of the original BID validity period, the Nigam may request the Applicant to extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by cable. The applicant may refuse the request without forfeiting its BID security. The Applicant agreeing to the request will not be required or permitted to modify his BID, but will be required to extend the validity of his BID for the period of the extension. 12 Taxes and Duties 12.1 All custom duties, excise duties, sales taxes and other taxes and duties, levies payable by the Applicants in respect of the transaction between the Applicants and their vendors/sub-suppliers while procuring any components, sub assemblies, raw-materials and equipment shall be included in the BID price and no claim on this behalf will be entertained by the Nigam. The excise duty and sales tax will be included in quoted unit price as per present applicable Excise & Sale Tax rule. No ED & ST in any case shall be payable to the supplier/Applicant, if became applicable in respect of bought out items directly dispatched from works of sub-suppliers as well as on erection works etc. The sale to UHBVN shall be made on Sales-in-Transit basis wherever possible. The successful applicant after completion of supply will give a certificate that all taxes including ED & Sales Tax charged from UHBVN/DHBVN has been paid to the concerned authorities including his self manufactured items. Wherever Excise duty is applicable, the due credit under the VAT / MODVAT (Modified Value Added Tax) policies wherever applicable, shall be taken into account by the Applicant while quoting BID price. The compliance of this Clause shall be confirmed by the Applicant along with his BID. 12.2 As regard the Income Tax, surcharge on Income Tax and other taxes including tax deduction at source, the Applicant shall be responsible for such payment to the concerned authorities with in prescribed period. 12.3 Deduction of Works Sales Tax, Labour Cess, Labour Welfare cess at source as per provisions of Tax Act shall be made from the Bills of the Enlisted firm.

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13 BID Security (Earnest Money) 13.1 The Bidder shall furnish, as part of the Bid, a Bid security, as mentioned below:-

Bid No. Name of S/Divn Bid Security ( Rs in Lacs) NIT62/SEOPKTL/2014-15 (OP) S/Division, No-1, Pundri , 0.17 (OP) S/Division, No-2, Pundri, (OP) S/Division, Dhand, & (OP) S/Division, Rajound

The above Bid security shall be deposited in the shape of Demand Draft payable at Pundri in favour of Xen ‘OP’ Division, UHBVN, Pundri.

Employer shall reject any Bid not accompanied by an acceptable Bid Security. 13.2 The Bid Securities of unsuccessful Bidders will be returned as promptly as possible after the expiry of the period of Bid validity/extended Bid validity as the case may be. 13.3 Successful bidders bid security/guarantee will be discharged after executing the contract agreement and furnishing the performance guarantee. 13.4 The Bid Security may be forfeited. 13.4.1 If the Bidder withdraws his Bid, except as provided in sub-Clauses 13.2 & 21.1. 13.4.2 In the case of successful Bidder, if he fails within the specified time limit to: 13.4.2.1 To execute the order/contract faithfully.

14 Format of BID 14.1 The Bidder shall prepare the Bid in duplicate clearly, marking each “Original Bid” and “copy of Bid”, as appropriate. In the event of any discrepancy between them, the original shall govern. 14.2 The original and copy of the Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. The letter of authorization shall be indicated by the written power of attorney accompanying the Bid. All pages of the Bid, except for un-amended printed literature, shall be initialed by the person or persons signing the Bid. The Bid shall contain no interpolation, erasure or overwriting except as necessary to correct errors made by the Bidder, in that case, each such correction shall be initialed by the person or persons signing the Bid.. 15 Signature of BID 15.1 The BID must contain the name, residence and place of business of the person or persons making the BID and must be signed and sealed by the Applicant with his usual signature. The names of all persons signing the BID should also be typed or printed below the signature. 15.2 BID by a partnership must be furnished with full names of the all partners and be signed with the partnership name, followed by the signature(s) and designation(s) of the authorised partner(s) or other authorised representative(s). Copy of the Partnership deed will be supplied alongwith the BID. 15.3 BID by Corporation/Company must be signed with the legal name of the Corporation/Company by the President, Managing Director or by the Secretary/other person/or persons authorized to sign BID on behalf of such Corporation/Company in the matter.

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15.4 A BID by a person who affixes to his signature the word ‘President’ ‘Managing Director’, ‘Secretary’, ‘Agent’ or other designation without disclosing his Principal will be rejected. 15.5 Satisfactory evidence of authority of the person signing on behalf of the Applicant shall be furnished with the BID. 15.6 The Applicant’s name stated on the proposal shall be the exact legal name of the firm. 15.7 BIDs not conforming to the above requirements of signing may be disqualified. 16 Sealing and Marking of BID 16.1 The Applicant shall seal the original copy of the BID in an envelope, duly marking the envelopes as “Original””. 16.2 The envelopes shall be: 16.2.1 Addressed to the Nigam at the following address. Superintending Engineer/ OP Circle, UHBVNL, Rajiv Gandhi, Vidyut Bhawan, Pehowa Chowk, Kaithal-1306027 AND 16.2.2 Bear the name of BID, and Words “DO NOT OPEN BEFORE ______”. 16.3 The envelope shall also indicate the name and address of the Applicant to enable the BID to be returned unopened in case it is declared “late” or “rejected”. 16.4 If the envelope is not sealed and marked, the Nigam will assume no responsibility for the BID’s misplacement or premature opening. 17 Deadline for submission of BID.

17.1 The Applicants have the option of sending the BID by registered post or submitting the BID in

person. BIDs submitted by telex/telegram will not be accepted. No request from any Applicant to

the Nigam to collect the proposal from airlines, cargo agents etc. shall be entertained by the

Nigam.

17.2 BIDs must be received by the Nigam at the address specified under Clause 16.2, not later than

the time and date mentioned in the invitation to BID.

17.3 The Nigam may, at its discretion, extend this deadline for the submission of BIDs by amending

the BID document, in which case all rights and obligation of the Nigam and Applicant previously

subject to the deadline will thereafter be subject to the deadline as extended.

18 Late BIDs

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Any BID received by the Nigam after the time and date fixed or extended for submission of BIDs

prescribed by the Nigam, will be rejected and / or returned unopened to the Applicant.

16 Modification and withdrawal of BIDs

16.2 The Applicant may modify or withdraw its BID after the BID’s submission provided that written

notice of the modification or withdrawal is received by the Nigam prior to the deadline prescribed

for submission of BIDs.

16.3 The Applicant’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched in accordance with the procedure given in Clause 18.

16.4 No BID may be modified subsequent to the deadline for submission of BIDs.

16.5 No BID may be withdrawn in the interval between the deadline for submission of BIDs and the

expiration of the period of BID validity specified by the Applicant on the BID form.

17 Opening of BIDs by Nigam

17.2 The Nigam will open BIDs in the presence of Applicant’s representatives (upto 2 persons) who

choose to attend, on the date and time for opening of BIDs in the invitation to BIDs or in case any

extension has been given thereto, on the extended BID opening date and time notified to all the

Applicants who have purchased the BID Documents. The Applicant’s representatives who are

present shall sign a register evidencing their attendance.

17.3 ‘The Applicants’ names, BID prices, modifications, BID withdrawals and the presence or absence

of the requisite BID security and such other details as the Nigam, at its discretion, may consider

appropriate will be announced at the opening.

17.4 No electronic recording devices will be permitted during BID opening.

18 Clarification of BIDs.

To assist in the examination, evaluation and comparison of BIDs, the Nigam may at its discretion, ask

the Applicant for a clarification of its BID. The request for clarification and the response shall be in

writing and no change in the price or substance of the BID shall be sought, offered or permitted.

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19 Examination of BIDs. 19.2 The Nigam will examine the BIDs to determine whether these are complete, whether any

computational errors have been made, whether required sureties have been furnished, whether

the documents have been properly signed, and whether the BIDs are generally in order.

19.3 The price furnished for various price schedules should be consistent with each other, so the

Applicant should ensure that the price furnished in the various price schedules are consistent with

each other. In the case of any inconsistency in the price furnished in the specified price

schedules, the Nigam shall be entitled to consider the lowest price for the purpose of evaluation

and award of Contract. All arithmetical errors will be rectified on the basis of the unit price or total

price (in figures or in words) whichever is more beneficial to the Nigam.

20 Definitions and Meanings:

For the purpose of evaluation and comparison of BIDs, the following meanings and definitions

will apply:-

‘BID Price’ shall mean the unit base price quoted by each Applicant in his proposal for the

complete scope of Works including Excise duty, Sales Tax, payable to the Applicant for complete

job including Freight, Insurance, Erection, Testing and Commission charges.

21 Comparison of BIDs.

21.2 The BIDs shall be compared on the basis of lump sum prices (i.e. for supply portion and price

for service to be rendered as quoted by the Applicant) for the entire scope of the proposal as

defined in the BID document.

21.3 All evaluated BID prices of all the Applicants shall be compared among themselves to determine

the lowest evaluated BID.

22 Contacting the Nigam

BIDs shall be deemed to be under consideration immediately after they are opened and until such time official intimation of award / rejection is made by the Nigam to the Applicants. While the BIDs are under consideration, Applicant and/or his representatives or the interested parties are advised to refrain from contacting by any means, the Nigam and/or his employees/representative on matter related to the BIDs under consideration. The Nigam, if necessary, will obtain clarifications on the BIDs by requesting for such information from any or all the Applicants, in writing. Applicants will not be

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permitted to change the substance of the BIDs after the BIDs have been opened. Any effort by a Applicant to influence the purchaser in any way may result in rejection of the Applicant’s BID. 23 Award Criteria

23.2 The Owner will award the Contract for each bid to one or more bidder/bidders whose bid has been determined to be substantially responsive and the Bidder determined to be qualified to perform the contract satisfactorily as decided by the competent authority. 23.3 Further, the Owner reserves the right to award separate Contracts to two or more parties in line with the terms and conditions specified in the accompanying Technical specifications. 23.4 Not withstanding to the fact that the Contract is termed as Supplies cum erection contract or divisive contract for supply and erection or indicates the breakup of the contract consideration, for conveyance of operation and payment of Sale Tax on supply portion, it is in-fact supply and erection, testing & commissioning contract on single source responsibility basis and Contractor is bound to perform the total contract in it’s entirety and non performance of any part or portion of the Contracts shall be deemed to be breach of the entire Contract.

24 Nigam’s right to Accept any BID and to Reject any or all BIDs

Nigam reserves the right to accept or reject any BID, and to annul the BID evaluation process and

reject all BIDs at any time prior to award of Contract, without thereby incurring any liability to the

affected Applicant or Applicants or any obligation to inform the affected Applicant or Applicants on the

grounds for the Nigam’s action.

25 Notification of Enlistment

25.2 Prior to the expiration of the period of BID validity and extended validity period, if any, the Nigam

will notify the successful Applicant in writing by registered letter or by e-mail or Fax, to be

confirmed in writing by registered letter, that its BID has been accepted.

25.3 The date of issue of such official memo of the Nigam will constitute the formation of the

empanelment.

25.4 Upon the successful Applicant’s furnishing of BID security / fee, the Nigam will promptly notify

each unsuccessful Applicant.

26 Signing of Contract

26.1 At the same time as the Owner notifies the successful Bidder that its Bid has been accepted the Owner will send the Bidder the Contract Form incorporating all agreements between the parties. 26.2 Within fifteen (15) days of the issue of detailed work order the successful Bidder shall sign and date the Contract and return it to the Owner. In case the successful bidder fails to submit the Contract Agreements duly signed within 15 days from the

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date of issue of detailed work order, the payment will not be released till the bidder submits the Contract agreements and penalty @ 0.5% per week or a part thereof shall be deducted from their bill subject to maximum 1% of Contract value. 26.3 The final contract agreements shall be signed within 15 days from the date, the firm submits the final Contract Agreements in all respect.

27 Contract Performance Guarantee 27.2 Within 15 days of receipt of issue of detailed work order from the Owner, the successful Bidder, to whom the Work is awarded, shall be required to furnish a performance Bank Guarantee from a Nationalized/Scheduled Bank, in the form attached in Section-V to the Vol-I in favour of the Owner. The guarantee amount shall be equal to Ten percent (10%) of the total Contract Price and it shall guarantee the faithful performance of the Contract in accordance with the terms and conditions specified in these documents and specifications. Performance guarantee shall be valid upto 90 days after the end of warranty period i.e. defects liability period as per clause 30.1 of COC Section – III. 27.3 In case successful bidder fails to submit Performance BG within 15 days from the date of issue of detailed work order. 10% amount of the contract value shall be deducted from their bill/bills. This amount shall be released after submission of BG. Further penalty @0.35% per week or part thereof of the value of the Bank Guarantee would be charged from due date of submission till the amount is deducted or the BG submitted. 27.4 The Performance Guarantee shall cover additionally the following guarantees to the Owner: a) The Successful Bidder guarantees the successful and satisfactory operation of the material/equipment furnished and erected under the Contract, as per the specifications and documents. b) The successful Bidder guarantees that the material and equipment provided and installed by him shall be free from all defects in design, material and Workmanship and shall upon written notice from the Owner fully remedy free of expenses to the Owner such defects as developed under the normal use of the said material and equipment within the period of guarantee specified in the relevant Clause of the Conditions of Contract. 27.5 The Contract Performance Guarantee is intended to secure the execution/ performance of the entire Contract. 27.6 The Performance guarantee will be returned to the Contractor without any interest at the end of the Warranty period. 26 Quantity Variation

The employer reserves the right to increase or decrease the contract value or the quantity of work- order & Services specified without any change in unit price or other terms and conditions during the execution of rate-contract depending upon the final route plan/actual execution required. The quantity of individual items may, therefore, vary as per final route plan and route profile of the line and can change the number & address of prospective tubewell connections. The payment shall be made on actual basis for the material supplied & services rendered. In case of tubewell connections the No. of connections may vary 25%plus or minus on the same percentage as decided by the Nigam during the execution of contract as per requirement of employer. The final seniority list of enhanced number of Tubewell connections shall be supplied by concerned S.E. (Op.) / Xen (OP) within one week/fortnight of issue of specific work order. Accordingly, the overall quantity variation shall be limited to a fixed plus or minus percentage of the Contract value of the work-order issued. 27 Site Visit

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27.1 The applicant is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for construction of the Works. The cost of visiting the Site shall be at the applicant’s own expense. 27.2 The applicant shall inspect the site of Works before quoting and include in his quote the cost of compensations payable for the standing crops or tree cuttings etc. involved therein, if any. The Employer shall not be liable for any payment to the Bidder on this account. 27.3 The applicant and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit.

28 Storage of Material

The successfully enlisted firm shall store all the Material/Equipment in the well-maintained Store at his cost. All the services required for maintaining the Stores shall also be at the cost of the enlisted firm. 33 Warranty Period The enlisted firm shall be responsible for the warranty of material as per provisions of the technical specifications of the same.. The manufacturers of any material supplied should not be blacklisted by any SEB/Utility of any State of India. In case, it is found that the material supplied is from any blacklisted firm the same shall be out rightly rejected and the firm shall be liable to arrange the same at shortest period of time without any relaxation of extension in completion time. 34. Empanelled Manufacturers The enlisted firm shall supply all the material including distribution transformers from the empanelled manufacturers & complying to specifications of the Nigam, besides, and supplied material should be duly Type tested from CPRI / ERDA.

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SECTION-III

CONDITIONS OF BID

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CONDITIONS OF CONTRACT CONTENTS Clause No. Description Page 1 Definitions and interpretations 31-34 2 Nigam’s Decisions and Instructions 34 3 Assignment 34 4 Contract Documents 34-35 5 Drawings 35-36 6 Error in Drawings 36 7 Obligations of the Enlisted firm 37 8 Contract Agreement 37 9 Performance Guarantee 37-38 10 Contract Price 38-39 11 Programme 39 12 Enlisted firm’s Representative 39-40 13 Enlisted firm’s Construction Management 40 14 Compliance with Laws 40 15 Patents 40 16 Obligations of the Nigam 41 17 Labour 41 18 Workmanship and Materials 41-42 19 Inspection and Testing 42 20 Rejection 43 21 Permission to deliver 43 22 Suspension of Works, Delivery or Erection 43 23 Effects of suspension 44-45 24 Completion 45 25 Extension of Time for Completion 45-46 26 Penalty for delay in Work 46 27 Tests on completion 46 28 Taking Over 46-47 29 Defects after Taking-over 48-50 30 Variations 50-51

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31 Ownership of Plant 51 32 Certificates and Payment 52-55 33 Claims 55 34 Currency and Rate of Exchange 55 35 Set-off & Risk Procedure 55-56 36 Risks and Responsibility 56 37 Care of the Works 56-57 38 Passing of Risk 57 39 Damage of Property and Injury to Persons 57-58 40 Accidents 58 41 Limitation of Liability 58-59 42 Insurance 59-60 43 Force Majeure 60-62 44 Enlisted firm’s Default 62-63 45 Nigam’s Default 63 46 Changes in cost and Legislation 63-64 47 Customs 64 48 Notices 64 49 Settlement of Disputes 64-65 50 Arbitration 65 51 Taxation 65-66 52 Advertising 66 53 Material Account 66 54 Industrial & Labour Laws 66 55 Soft copy of price BID 66 56 Empanelled supplier 66 57 Work Contract Tax (WCT) 66-67 58 Railway Crossing 67 59 Penalty for fake inspection Call 67 60 Dishonoring of Nigam’s/HPPC Decision 67

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SECTION –III

CONDITIONS OF CONTRACT The following conditions of contract shall be enforced after the award of works by the respective SE/OP of the Nigam, to the successful applicants based on the evaluation of their applications / documents submitted against this BID. 1. Definition and Interpretations 1.1. Definition In the Contract (as hereinafter defined) the following words and expressions shall have the meanings hereby assigned to them: a) “Contract” means the agreement between the UHBVN /DHBVN and the Enlisted firm for the execution of the complete Works incorporating the Conditions, Specifications, Nigam’s Drawings and Enlisted firm’s Drawings, price and other completed Schedules, BID, Letter of Award and such further documents as may be expressly incorporated in the Letter of Award. b) “Conditions” means conditions of Contract c) “Commencement Date” means the date of signing of Contract. d) “Contract Agreement” means the documents recording the terms of the Contract between the Nigam and the Enlisted firm. e) “Contract Price” means the sum stated in the Letter of Award (work-order) as payable to the Enlisted firm for execution and commissioning of the Works and adjusted, after optimization, on the basis provided in the Contract. f) “Enlisted firm” means the person whose BID has been accepted by the Nigam and the legal successors in title to the Enlisted firm but not (except with the consent of the Nigam) any assignee of the Enlisted firm. g) “Enlisted firm’s Drawings” means all drawings, samples, patterns, models and operation and maintenance manuals to be submitted by the Enlisted firm in accordance with Clause-6 under the Contract. h) “Enlisted firm’s Equipment” means all appliances or things of whatsoever nature required for the purposes of the Works but does not include Plant. i) “Enlisted firm’s Risk” means the risk defined in Sub-Clause-37.4 j) “Defects Liability Certificate” means the certificate to be issued by the Nigam to the Enlisted firm in accordance with sub Clause-30.10. k) “Defect Liability Period” means one year following commissioning of line on load and Taking Over during which the Enlisted firm is responsible for making good defects and damage in accordance with Clause-30.

Page 28 of 80 l) “Nigam/Nigams” means the UTTAR HARYANA BIJLI VITRAN NIGAM and the legal successors in title to the Nigam/Nigams but not (Except with the consent of the Enlisted firm) any assignees of the Nigam/Nigams. m) “Nigam’s Drawings” means all the Drawings and information provided by the Nigam to the Enlisted firm under the Contract. n) “Force Majeure” has the meaning assigned to it under Sub Clause 44.1. o) “Gross Misconduct” means any act or omission of the Enlisted firm in violation of the most elementary rules of diligence, which a conscientious Enlisted firm in the same position and under the same circumstance would have followed. p) “Notification of Award/Letter of Award” means the formal award by the Nigam of the BID incorporating any adjustments or variation to the BID agreed between the Nigam and the Enlisted firm. q) “Performance Guarantee” means the security to be provided by the Enlisted firm in accordance with Sub Clause 10.1 for the due performance of the Contract. r) “Plant” means Distribution transformers, Energy Meters, Poles, Lines materials and all things to be provided under the Contract for incorporation in the Works. s) “Program” means the Program to be submitted by the Enlisted firm in accordance with Sub Clause 12.1 and any approved revision thereto. t) “Provisional Sum” means a sum, described as such for the execution of Works or for the supply of goods or services to be used in accordance with sub Clause 36.1. u) “Risk Transfer Date” means the date when the risk of loss or damage to the Works passes from the Enlisted firm to the Nigam in accordance with sub Clauses 38.2 and 39.1. v) “Schedule of Prices” means the completed unit price schedule or any part or individual schedule thereof, submitted by the Enlisted firm with his BID and forming a part of the Contract documents. w) “Site” means the place or places, where Work is to be done by the Enlisted firm or to which Plant is to be delivered, together with so much of the area surrounding the same as the Enlisted firm shall with the consent of the Nigam use in connection with the Works otherwise that merely for the purposes of access. x) “Specification” means the specification of the Works included in BID Documents and includes the Contract and any modification thereof made under Clause 31. y) “Taking-over Certificate” means the Certificate to be given by the Nigam to the Enlisted firm in accordance with Clause-29. z) “BID price” means the Enlisted firm’s unit priced offer for each item to the Nigam for the execution of the Works.

Page 29 of 80 aa) “Tests on Completion” means the test specified in the Contract or otherwise agreed by the Nigam and the Enlisted firm to be performed before the Works are taken over by the Nigam. bb) “Time for Completion” means the time stated in the conditions of Contract for completing the Works or any Part thereof and passing the tests on completion calculated from the commencement date unless extended in accordance with Clause-26. cc) “Variation Order” means any written order, identified as such issued to the Enlisted firm by the Nigam under Sub Clause 31.1. dd) “Works” means all Plant to be provided and Work to be done by the Enlisted firm under the Contract. ee) “Government” means the Government of India/Government of Haryana. ff) “Other Enlisted firm” means any party or parties having a direct Contract with the Nigam for Work outside the scope of this Contract and shall include any Sub-Enlisted firm of this “Other Enlisted firm” gg) “Engineer” means Assistant Engineer, Assistant Executive Engineer, Executive Engineer, Superintending Engineer, UHBVN / DHBVN appointed by the respective Nigam for this Work. hh) “Sub Enlisted firm”: The Sub-Enlisted firm used herein refers to a party or parties having a direct Contract with the Enlisted firm, whom any part of the Contract has been sublet by the Enlisted firm with the consent in writing of the Engineer-in-charge. ii) “Engineer-in-charge” i.e. concerned Superintending Engineer/Operation, is the person under whose supervision the Works shall be executed. He will identify the Engineer/Executive Engineer who will be directly responsible for the execution of Works, measurement and payments. 1.2. Written Communication Wherever in the Contract provision is made for communication to be “Written” or “in Writing” this means any hand-written, type written or printed communication including telex, cable and facsimile transmission addressed to the Engineer-in-Charge, Engineer or other agencies of the Nigam, involved in execution of the Contract. 1.3. Notice, Consent and approvals. Wherever in the Contract provision is made for the giving of notice, consent or approval by any person, such consent or approval shall not be unreasonably withheld. Unless otherwise specified, such notice, consent or approval shall be in writing and the word “notify” shall be construed accordingly. Engineer-in-charge shall be Nodal Officer in this respect. He may delegate his powers to the subordinate officer wherever required. All such letter and notices shall be addressed by the Enlisted firm to the Engineer-in-charge as required with a copy to Superintending Engineer/OP, Circle, UHBVNL, Kaithal. However, routine correspondence may be exchanged by him with the Engineer with a copy to Engineer-in -charge. 1.4. Period

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In these conditions “day” means calendar day, however, “Working day” as used therein means all calendar day excluding Sundays and all Gazetted holidays as admissible to field staff within India. “Month” and “Year” and all dates shall be reckoned according to the Gregorian Calendar. 2. Nigam’s Decisions and Instructions 2.1. The Enlisted firm shall proceed with the decisions and instructions given by the Nigam or its representative in accordance with these conditions. 2.2. Confirmation in Writing The Enlisted firm may require the Nigam to confirm in writing any decision or instruction of the Nigam, which is not in writing. The Enlisted firm shall notify the Nigam of such requirement without undue delay. Such a decision or instruction shall not be effective until written confirmation thereof has been received by the Enlisted firm from Superintending Engineer/Operation or the Engineer identified by him/provided in the Contract. 3. Assignment The Enlisted firm shall not assign the Contract or any part of his obligations under the Contract without the prior written consent of the Nigam (Which shall not be unreasonably withheld). A charge in favour of the Enlisted firm’s bankers of any monies due under the Contract shall not be considered an assignment. 4. Contract documents

4.1. Ruling Language Where versions of the Contract are prepared in different languages, the English version shall prevail. 4.2. Day to Day Communications

The day-to-day communications shall be in English Language only. 4.3. Priority of Contract Document

Unless otherwise provided in the Contract, the Contract documents shall be as follows in order of priority:- a) The letter of Award. b) The Technical Specifications. c) Conditions of Contract. d) Applicant’s Priced Offer. e) Any other documents forming part of the Contract. 4.4. Documents Mutually Explanatory

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Subject to Sub Clause-5.3, the Contract documents shall be taken as mutually explanatory. The Nigam shall clarify any ambiguities or discrepancies. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. In case of any difference between scaled dimensions and figures on the drawings, the figure shall prevail. In case of any difference between drawings and the Specifications, the specifications shall prevail. 5. Drawings 5.1. Enlisted firm’s Drawings The Enlisted firm shall submit to the Nigam for approval:- a) Within the time given in the Contract or in the Programme such drawings, samples, models or information as may be called for therein and in the numbers therein required, and b) During the progress of the Works, such drawings of the general arrangement and details of the Works as specified in the Contract. The Nigam shall signify his approval or disapproval thereof. If he fails to do so within the given time frame or time given in the Contract or the Programme or if no time limit is specified, within 21 days of receipt the Enlisted firm’s drawings shall be deemed to be approved. Approved drawings, samples, models shall be signed or otherwise identified by the Nigam. The Enlisted firm shall supply additional copies of approved drawings in the form and numbers stated in the Contract. 5.2. Consequences of Disapproval of Enlisted firm’s Drawings. Any Enlisted firm’s Drawings, which the Nigam disapproves, shall be forthwith modified to meet the requirements and shall be re-submitted within seven days. 5.3. Approved Enlisted firm’s Drawings Approved Enlisted firm’s Drawings shall not be departed from except as provided in Clause- 31. 5.4. Inspection of Enlisted firm’s Drawings The Nigam shall have the right at all reasonable times to inspect, at the Enlisted firm’s premises, all Enlisted firm’s Drawings of any part of the Works. The Nigam shall have the liberty to assign this job to any Engineer/Agency at his discretion. 5.5. Nigam’s Use of Enlisted firm’s Drawings. Enlisted firm’s Drawings may be used by the Nigam for no other purpose than completing, operating, maintaining, adjusting and repairing the Works. 5.6. Enlisted firm’s use of Nigam’s Drawings.

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The Nigam’s Drawings, Specification and other information submitted by the Nigam to the Enlisted firm shall remain the property of the Nigam. They shall not, without the consent of the Nigam, be used, copied or communicated to a third party by the Enlisted firm unless necessary for the purposes of this Contract. 5.7. Manufacturing Drawings. Unless otherwise specified in the Technical Specifications, the Enlisted firm shall not be required to disclose to the Nigam, the Enlisted firm’s confidential manufacturing drawings, designs, know-how or manufacturing practices, processes or operations. 6. Error in Drawings 6.1. Error in Enlisted firm’s Drawings The Enlisted firm shall be responsible for any errors or omissions in the Enlisted firm’s Drawings unless they are due to incorrect Nigam’s Drawings or other written information supplied by the Nigam. Approval by the Nigam of the Enlisted firm’s Drawings shall not relieve the Enlisted firm from any responsibilities under this Sub-Clause. The Enlisted firm shall bear any cost he may incur as a result of delay in providing Enlisted firm’s Drawings and other information or as a result of errors or omissions therein, for which the Enlisted firm is responsible. The Enlisted firm shall at his own cost carry out any alterations or remedial Work necessitated by such errors or omissions for which he is responsible and modify the Enlisted firm’s Drawings and such other information accordingly. The performance of Enlisted firm’s obligations under this Clause shall be in full satisfaction of his liability under this Clause but shall not relieve him of his liability under Sub-Clause 27.1. 7. Obligation of the Enlisted firm 7.1. General Obligations The Enlisted firm shall, in accordance with the Contract, with due care and diligence, carry out the Works as per the scope of Work defined in the Technical specifications within the Time for Completion. The Enlisted firm shall also provide all necessary Enlisted firm’s equipment, superintendence, labour and all necessary facilities thereof. The Enlisted firm shall be deemed to have carefully examined the BID Documents, the Site and the existing installations, as applicable, and to have satisfied himself as to the nature and character of the Work to be executed, the prevailing meteorological conditions as well as the local uses and conditions and any other relevant matters and details before submitting his offer. Any information received from the Nigam shall not in any way relieve the Enlisted firm from his responsibility for supplying the equipment and material and executing his Work in terms of the Contract, including all details and incidental Work and supply of all Page 33 of 80

accessories or apparatus which may not have been specifically mentioned in the Contract but are necessary for ensuring the complete installation and a safe and efficient operation of the Plant. 7.2. Setting Out The Enlisted firm shall set out the Works in relation to original points, lines and levels of reference given by the Nigam in writing and provide all necessary instruments, appliances and labour for such purposes. If at any time during the execution of Works, any error appears in the positions, levels, dimensions or alignment of the Work, the Enlisted firm shall rectify the error. The Enlisted firm shall bear the cost of rectifying the error, unless the error results from incorrect information supplied in writing by the Nigam, or from default by another Enlisted firm of the Nigam, in which case the cost together with profit shall be borne by the Nigam. The checking of any setting-out by the Nigam shall not relieve the Enlisted firm of his responsibility for the accuracy thereof. 8. Contract Agreement The Enlisted firm shall prepare and complete as per Contract Agreement signed as provided in Annexure-III at his cost and shall execute a Contract Agreement regarding all the terms of the Contract. 9. Performance Guarantee 9.1. The Enlisted firm shall execute/furnish Performance Guarantee as per details given under Clause 30 of Section-II (Instruction to Applicants). In the event of any change in the Contract price the Performance Guarantee shall be adjusted, provided that such adjustment shall be subject to the approval of Nigam. The Performance Guarantee shall be paid to the Nigam on first demand without conditions or proof. 9.2. Period of validity The Performance Guarantee shall be valid until the Enlisted firm has executed, completed and remedied defect in the Works in accordance with the Contract. No claim shall be made against the Performance Guarantee after the issue of the Defects Liability Certificate and Performance Guarantee shall be returned to the Enlisted firm within 14 days of the issue of the Defects Liability Certificate as per Clause 30 of CoC. 9.3 Non-compliance of Performance Guarantee Clause In case successful applicant fails to submit Performance BG within 30 days from the date of issue of detailed work order. 10% amount of the contract value shall be deducted from their bill/bills. This amount shall be released after submission of BG

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10 Contract Price 10.1 Sufficiency of Contract Price The Enlisted firm shall be deemed to have satisfied himself of and taken account of in his BID:- a) All the conditions and circumstances affecting the Contract price b) The possibility of carrying out the Works as described in the Contract. c) The general circumstances at the Site. d) The general labour position at the Site and e) With respect to the above provision, the enlisted firm shall be deemed to have also satisfied himself, before quoting with. > Existing conditions, nature of existing roads and bridges and other means of access to the Site ¾ Presence of artificial obstructions on ground or underground or in air, boulders, or released water from and structures constructed for the existing sub-station or the like. ¾ Stability of existing slopes in the Site ¾ Nature of the surface and subsurface on or in which the Works are to be executed in or in the immediate vicinity of the Works, and the nature and extent of surface water or water contained in the subsoil by which the Works may be affected under all possible climatic conditions. If the Specifications do not contain particulars of materials and Works, which are obviously necessary for the proper completion of the Works, and the intention to include, which is nevertheless to be inferred, all such materials and Works shall be supplied and executed by the Enlisted firm without extra charge. If the Enlisted firm requires additional information, he shall so request in writing to the Nigam who will provide such detailed information as necessary within a reasonable time. The Enlisted firm shall be responsible for checking the information given in writing by the Nigam for obvious omissions or inconsistencies, and for his interpretation of information received from whatever source. 10.2 Physical Obstructions and Conditions If during the execution of the Works on Site, the Enlisted firm encounters physical obstructions or conditions, which could not reasonably have been foreseen by the Enlisted firm, the Nigam shall certify, and these shall be added to the Contract Price, the additional cost of complying with any instruction which the Nigam, after due consultation with the Enlisted firm, issues to the Enlisted firm in connection therewith.

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11 Programme 5.1 Within the time stated in the Contract Data the Enlisted firm shall submit to the Engineer for approval a Programme showing the general methods, arrangement, order and timing for all the activities in the Works alongwith monthly cash flow forecast. 5.2 An update of the Programme shall be a program showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining Work including any changes to the sequence of the activities. 5.3 The Enlisted firm shall submit to the Engineer, for approval, an updated Programme at intervals not longer than the period stated in the Contract Data. If the Enlisted firm does not submit an updated Programme within this period, the Engineer may withhold the amount stated in the Contract Data from the next payment certificate and continue to withhold this amount until the next payment after the date on which the overdue Programme has been submitted. 5.4 The Engineer’s approval of the Programme shall not alter the Enlisted firm’s obligations. The Enlisted firm may revise the Programme and submit it to the Engineer again at any time. A revised Programme is to show the effect of Variations and Compensation Events. 6. Enlisted firm’s Representative. 6.1 The Enlisted firm shall, in addition to a project coordinator, employ one or more competent representatives to superintend the carrying out the Works on Site. They shall be fluent in the language for day-to-day communications. Their names shall be communicated in writing to the Nigam before Work on Site begins. Any instruction or notice, which the Nigam gives to the Enlisted firm’s representative, shall be deemed to have been given to the Enlisted firm. At least one of the Enlisted firm’s competent representative on each Site shall be fluent in speaking, writing, reading and understanding English. 6.2 Objection to Enlisted firm’s Employee The Enlisted firm shall, upon the Nigam’s written instruction remove from the Works any person employed by him in the execution of Works, who mis-conducts himself or is incompetent or negligent. 7. Enlisted firm’s Construction Management 7.1 Enlisted firm’s Equipment All Enlisted firm’s Equipment shall, when brought on to the Site, be, deemed to be exclusively intended for the execution of the Works. The Nigam shall have lien on all such equipment brought to Site for the purpose of erection, testing and commissioning of the 11 KV Lines/DTs. The Enlisted firm shall not remove from the Site any such equipment, except:- a) When it is no longer required for the completion of the Works, or b) When the Nigam has given his consent. Page 36 of 80

7.2 Authority for Access No persons other than the employees of the Enlisted firm and his Sub-Enlisted firms shall be allowed on the Site except with the written consent of the Nigam. Facilities to inspect the Works shall at all times be afforded by the Enlisted firm to the Nigam and his representatives, authorities and officials. 8. Compliance with Laws 8.1 Compliance with Statutes, Regulations The Enlisted firm shall, in all matters arising in the performance of the Contract, comply in all respects with, give all notices and pay all fees required by the provisions of any national or state statute, ordinance or other law or any regulation or by-law of any duly constituted authority. The Contract shall in all respects be prepared and interpreted in accordance with the laws in force in India, including any such laws passed or made or coming into force during the period of the Contract. The Enlisted firm shall be fully responsible for deducting the P.F. of the employees/labour Working under him as per statutory regulations and depositing the same with the concerned authorities. 8.2 Compliance with Laws The Enlisted firm shall comply with the laws of India for manufacturing of equipment and erection of the lines. 9. Patents 9.1 Patent Rights The Enlisted firm shall indemnify the Nigam against all claims of any patent, registered design, copyright, trademark or trade name or other intellectual property right provided that all conditions are satisfied. 10. Obligations of the Nigam 10.1 Access to and Possession of the Site The Nigam shall in reasonable time, grant the Enlisted firm access to and possession of the Site, which may, however, not be exclusive to the Enlisted firm. The Enlisted firm shall provide at his own cost any access, foot path structures, bridges and approach to the Work Sites from public roads in accordance with the requirement stipulated in the Technical Specification. 11. Labour 11.1 Engagement of Labour The Enlisted firm shall, unless otherwise provided in the Contract, make his own arrangements for the engagement of all labour and for their payment, housing, feeding and transport.

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The Enlisted firm shall pay rates of wages and allowances according to the nature of the Works and observe hours and Working conditions of his employees, so as to be no less favourable to the employees than those generally prevailing in the region where the Works are to be carried out. At the same time the Enlisted firm shall observe all regulations prescribed by the law of the Government and shall strictly comply with any agreement, custom, practice or award relating to the wages. The Enlisted firm is encouraged, to the extent practicable and reasonable, to employ staff and labour with the required qualifications and experience from sources within the region of Work. 11.2 The Enlisted firm will be expected to employ on the Work only his regular skilled employees with experience of the particular type of Work. No female labour shall be employed after darkness. No person below the age of eighteen years shall be employed. 11.3 In case, the Nigam becomes liable to pay any wages or dues to the labour or any Government agency under any of the provisions of the Minimum Wages Act, Workmen Compensation Act, Contract Labour Regulation Abolition Act or any other law due to act of omission and commission of the Enlisted firm, the Nigam may make such payments and shall recover the same from the Enlisted firm’s bills. 12. Workmanship and Materials 12.1 Manner of Execution All Plant to be supplied shall be manufactured and all Work to be done shall be executed in the manner set out in the Contract. Where the manner of manufacture and execution is not set out in the Contract, the Work shall be executed in a proper and Work-man-like manner in accordance with recognized good practice. 12.2 Covering up Work The Enlisted firm shall give the Nigam full opportunity to examine, measure and test any Work on Site, which is about to be covered up or put out of view. The Enlisted firm shall give due notice to the Nigam whenever such Work is ready for examination, measurement or testing. The Nigam shall then, unless he notifies the Enlisted firm that he consider it unnecessary, without unreasonable delay carry out the examination, measurement or testing. 13. Inspection & Testing 19.1 Independent Inspection The Nigam may at his discretion delegate inspection and testing of material to an independent inspector. 19.2 Dates for Inspection and Testing

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The Enlisted firm shall give the Nigam reasonable notice in writing of the date and the place at which any material will be ready for testing as provided in the Contract and Nigam shall attend at the place so named within fifteen (15) days of the date, which the Enlisted firm has stated in his notice. The Nigam shall give the Enlisted firm twenty four (24) hours notice in writing of his intention to attend the tests. The above notices shall be given at first by the quickest possible means and confirmed later in writing. The Enlisted firm shall forthwith forward to the Nigam duly certified copies of the test results. If the Nigam has not attended the test, he shall accept the validity of the test readings. If on receipt of the Enlisted firm’s notice of testing, the Nigam’s representative does not find the material to be ready for testing, the costs incurred by the Nigam for re-deputation of his representative shall be deducted from the Contract Prices. The material after receipt in the Stores of the Nigam is liable to be inspected for its conformity to the specifications by a representative of the Enlisted firm/supplier firm after giving one week’s registered notice to the supplier / Enlisted firm. In case the firm fails to depute a representative on the specified date the Utility would be free to get material checked on the absence of the firm’s representative for which the firm would have no reason to protest at any stage and would be fully responsible of the outcome 19.3 Facilities for Testing Where the Contract provides for tests on the premises of the Enlisted firm or of any Sub-Enlisted firm, the Enlisted firm shall provide such assistance, labour, materials, electricity, fuel, stores, apparatus and instruments as may be necessary to carry out the tests efficiently. However, the Nigam’s authorized Inspecting Officer/ Inspecting agency shall use own testing instruments / equipment for testing. 19.4 Sample testing after erection: Sample for testing of material at random may be sent to M/s Sri Ram Test House Delhi for testing. In case the material fails on testing, the expenditure on the test shall be borne by the Enlisted firm and entire relevant lot shall be rejected. 14. Rejection 14.1 If as-a-result of the inspection, examination or testing referred to in Clause-20, the Nigam decides that any Plant is defective or otherwise not in accordance with the Contract, he may reject such Plant and shall notify the Enlisted firm there-of, immediately. The notice shall state the Nigam’s objections with reasons. The Enlisted firm shall then with all speed make good the defect or ensure that any rejected Plant complies with the Contract. If the Nigam requires such Plant to be re-tested, the tests shall be repeated under same terms and conditions. All cost incurred by the Nigam in the repetition of the tests shall be deducted from the Contract Price. 15. Permission to Deliver

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The Enlisted firm shall apply in writing to the Nigam for permission to deliver any Plant or Enlisted firm’s equipment to the Site. No Plant or Enlisted firm’s equipment may be delivered to the Site without the Nigam’s written permission in the form of Material Inspection & Clearance Certificate (MICC) for dispatch. The Enlisted firm shall be responsible for the receipt at Site of all Plant and Enlisted firm’s equipment delivered for the purposes of the Contract and shall, upon arrival at Site, give a notice to the Nigam when and where it has arrived and /or been stored. 16. Suspension of Works, Delivery or Erection 16.1 Order to Suspend The Nigam may at any time instruct the Enlisted firm to: - a) Suspend progress of the Works, or b) Suspend delivery of Plant or Enlisted firm’s Equipment which is ready for delivery to the Site at the time for delivery specified in the Programme or if no time is specified, at the time appropriate for it to be delivered or c) Suspend the erection of Plant, which has been delivered, to the Site. When the Enlisted firm is prevented from delivering or erecting Plant in accordance with the Programme by reason of any delay or failure on the part of the Nigam, or of failure by the Nigam to give permission to deliver or by any cause for which the Nigam is responsible, the Nigam shall be deemed to have instructed a suspension provided the Enlisted firm has given the notice of the same within fifteen (15) days of such occurrence and the Nigam does not respond to such a notice by the Enlisted firm. The Enlisted firm shall during suspension protect and secure the Works or Plant affected at the Enlisted firm’s Works or elsewhere or at the Site, as the case may be against any deterioration, loss or damage. 17. Effects of Suspension. 17.1 Cost of Suspension The additional cost incurred by the Enlisted firm in protecting, securing and insuring the Works or Plant and in following the Nigam’s instructions under Sub Clause-23.1 and in resumption of the work, shall be added to the Contract Price except that no such addition to the Contract Price shall be made if the suspension or deemed suspension is for a period less than 10 days. The Enlisted firm shall not be entitled to be paid any additional cost if such suspension is necessary, by reason of a default on the part of the Enlisted firm or for the proper execution, or for the safety of the Works or Plant, unless such necessity results from any act or default of the Nigam or in consequence of any of the Nigam’s Risks.

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The Enlisted firm shall not be entitled to additional cost unless he notifies the Nigam of his intention to make such claim, within 10 days after receipt of the order to suspend progress or delivery of the date of deemed suspension under Sub Clause-23.1. 17.2 Prolonged Suspension. If suspension under Clause 23.1 has continued for more than 180 days and the suspension is not due to the Enlisted firm’s default, the Enlisted firm may give notice to the Nigam requiring permission to proceed with the Works within 30 days. If permission is not granted within that time, the Enlisted firm may treat the suspension as an omission under Clause-31 of the portion it affects, or if the suspension affects the whole of the Works, terminate the Contract and the provisions of Clause-46 shall apply. 17.3 Resumption of Work If the Enlisted firm chooses not to treat prolonged suspension an omission or termination under Sub Clause 24.3, the Nigam shall upon the request of the Enlisted firm, take over the responsibility for protection, storage, security and insurance of the suspended Works and of the Plant which has been delivered to the Site and which is affected by suspension and the risk of loss or damage thereto, shall thereupon, pass to the Nigam. After receipt of permission or an order to proceed, the Enlisted firm shall after due notice to the Nigam, examine the Works and the Plant affected by the suspension. The Enlisted firm shall make good any deterioration or defect in or loss of the Works or Plant that may occur during the suspension. Cost properly incurred by the Enlisted firm, which would not have been incurred but for the suspension shall be added to the Contract Price together with profit. The Enlisted firm shall not be entitled to payment for costs incurred in making good any deterioration, defect or loss caused by faulty Workmanship or materials or by the Enlisted firm’s failure to take measures specified in Sub Clause-23.1. If the Nigam has taken over risk and responsibility for the suspended Works under this Sub Clause, risk and responsibility shall revert to the Enlisted firm-15 days after receipt of the permission or order to proceed. 18. Completion. 18.1 Time for Completion. The construction work shall be started at site within one week from the date of LOI and progress of awarded works shall be so uniformly spread over the balance period and shall be completed as mentioned below: S.No. Amount of work Order (Rs.) Completion period 1 0-25 lacs 1 month

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Date of inspection & clearance by Chief Electrical Inspector will be considered as date of completion of works, subject to clearance of the observations raised by SE/Operation OR XEN/Operation. 19. Extension of Time for Completion. 19.1 Causes for Extension of Time for Completion. The Enlisted firm may claim an extension of the Time for Completion if he is or will be delayed in completing the Works by any of the following causes: - a) Extra or additional Work ordered in writing under Clause-31, other than those quantity variations arising out of soil conditions or route alignment. b) Physical obstructions or conditions other than those, which could reasonably have been foreseen by the Enlisted firm. c) Nigam’s instructions, otherwise than by reason of the Enlisted firm’s default. d) The failure of the Nigam to fulfill any of his obligations under the Contract. e) Delay by any Other Enlisted firm engaged by the Nigam, affecting this Contract. f) Any suspension of the Works under Clause-23, except when due to the Enlisted firm’s default. g) The Nigam’s risk, if and when they constitute the sole reason for the delay in completion of Works. h) Force Majeure. The Enlisted firm shall give to the Nigam, notice of his intention to make a claim for an extension of time within 15 days of the occurrence of any of the above cause(s) for such a claim becoming known to the Enlisted firm. The notice shall be followed as-soon-as possible by the claim with full supporting details. The Nigam shall, after due consultation with the Enlisted firm grant the Enlisted firm from time to time, either prospectively or retrospectively, such extension of Time for Completion as may be justified and notify the Enlisted firm accordingly. The Enlisted firm shall be entitled to such extension whether the delay occurs before or after Time for Completion. 19.2 Delays by Sub-Enlisted firms. The Enlisted firm shall be entitled to claim an extension of time if delay on the part of a Sub- Enlisted firm is due to a cause mentioned in Clause-26.1 and such delay prevents the Enlisted firm from meeting the Time for Completion. 19.3 The power to decide the extension in completion period of turnkey contracts shall vest with the Whole Time Directors, UHBVN. 20. Penalty for Delay in Work

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20.1 0.5% per week or part thereof subject to maximum of 5% of value of left over work up to 10 weeks of delay and in case the delay is beyond 10 weeks the penalty shall be charged @0.75% per week or part thereof subject to maximum up to 10% of value of left over un-commissioned works / project.. The Nigam may without prejudice to any other method of recovery, deduct the amount of such penalty from any amount due or to become due to the Enlisted firm. The payment or deduction of such penalty shall not relieve the Enlisted firm from his obligation to complete the Works or from any other of his obligation and liabilities under the Contract. 20.2 Incentives: An incentive for early completion of the package as a whole from the completion period as per Clause 25.1 and in accordance with Clause 29.2, will be given to the Enlisted firm @1/2% (half percent) per fortnight subject to a maximum of 10% (ten percent). 21. Tests on Completion. The Enlisted firm, except where otherwise specified, shall arrange such labour, materials, fuel, water, stores and apparatus as may be reasonably required to carry out such tests efficiently. 22. Taking Over. 22.1 The Works shall be taken over by the Nigam when they have been completed in accordance with the Contract, except in minor respects that do not affect the use of the Works for their intended purpose, have passed the Tests on Completion and Taking-over Certificate has been issued or deemed to have been issued in accordance with Sub Clause-29.2. 22.2 Taking Over Certificate. The Enlisted firm may apply by notice to the Nigam for a Taking- Over- Certificate not earlier than 15 days before the Works will in the Enlisted firm’s opinion be complete and ready for Taking Over under Sub Clause-29.1. The Nigam shall within 45 days after the receipt of the Enlisted firm’s application either:- a) Issue the Taking Over Certificate to the Enlisted firm stating the date on which the Works were completed and ready for Taking Over, or b) Reject the application giving his reasons and specifying the Work required to be done by the Enlisted firm to enable the Taking- Over- Certificate to be issued. If the Nigam fails either to issue the Taking Over Certificate or to reject the Enlisted firm’s application within the period of 45 days he shall be deemed to have issued the Taking Over Certificate on the last day of that period. 22.3 Use before Taking Over. The Nigam shall not use any part of the Works unless a Taking Over Certificate has been issued in respect thereof. If nevertheless the Nigam uses any part of the Works, that part which is used shall be deemed to have been taken over on the date of such use. The Nigam shall on request of the Enlisted

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firm issue a Taking –Over-Certificate accordingly. If the Nigam uses any part of the Works before Taking Over the Enlisted firm shall be given the earliest opportunity of taking such steps as may be necessary to carry out the Tests on Completion. The provisions of Sub Clause-27 shall not apply to any part of the Works while being so used by the Nigam; Clause-30 shall apply as if the part had been taken over on the date it was taken into use. 22.4 Interference with Tests on Completion. If the Enlisted firm is prevented from carrying out the Tests on Completion by an act of the Nigam without assigning any valid reason, the Nigam shall be deemed to have taken over the Works on the date when the Tests on Completion would have been completed for such prevention subject to mutual agreement between the Nigam and the Enlisted firm. The Nigam shall issue a Taking Over Certificate accordingly. The Works shall not be deemed to have been taken over if they are not in accordance with the Contract. If the Works are taken over under the Clause the Enlisted firm shall nevertheless carryout the Tests on Completion during the Defects Liability Period. The Nigam shall require the Tests on Completion to be carried out by 15 days notice and in accordance with the relevant provision of Clause-28. 23. Defects after Taking Over. 23.1 Defects Liability Period. The Defects Liability period will be 12 months from the date of commissioning of all the 11 kV & LT Works except Energy Meters, Distribution T/Fs (72/76 months, which shall be as per technical specification of the nigam). 29.2 Making good defects. The Enlisted firm shall, subject to Sub Clause-30.9, be responsible for making good any defect in or damage to any part of the Works which may appear or occur during the Defects Liability Period and which arises from, either: - a) Any defective materials, Workmanship or design, or b) Any act or omission of the Enlisted firm during the Defects Liability Period. The Enlisted firm shall make good the defect or damage including distribution transformers & Static Energy Meters with MCBs, at his own cost to match the original Specification to the satisfaction of the Nigam. 29.3 Notice of Defects If any such defect shall appear or damage occur, the Nigam shall forthwith inform the Enlisted firm thereof stating in writing the nature of the defect or damage. The provisions of Clause-30 shall apply to all replacements or renewals carried out by the Enlisted firm to remedy defects

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and damage, as if the said replacements and renewals had been taken over on the date they were completed to the satisfaction of the Nigam, but not so-as-to extend the Defects Liability Period in respect thereof beyond three (3) years from the date of Taking Over. 29.4 Extension of Defects Liability Period The Defects Liability Period shall be extended by a period equal to the period during which the Works (or that portion thereof in which the defect or damage to which the Clause applies has appeared or occurred) cannot be used by reason of the defect or damage but not so as (in the case of any further defect or damage to such portion occurring during any such extension), to extend the Defects Liability Period for the Works or that portion beyond three (3) years from the date of Taking Over. When erection or delivery of Plant has been suspended under Sub Clause-23.1, the Enlisted firm’s obligation under this Clause shall not apply to any defects occurring more than three years after it would have been delivered but for the suspension period. 29.5 Failure to Remedy Defects If the Enlisted firm fails to remedy a defect or damage within a reasonable time, the Nigam may fix a final time for remedying the defect or damage. If the Enlisted firm fails to do so, the Nigam may: - a) Carry out the Work himself or by others at the Enlisted firm’s risk and cost, provided that he does so in a reasonable manner. b) The Enlisted firm shall pay to the Nigam the cost of the Work carried out in accordance with the Sub Para(a) above, within 15 days of receipt of the notice thereof from the Nigam, or c) If the defects or damage is such that the Nigam has been deprived of substantially the whole of the benefit of the Works or a part thereof, he may terminate the Contract in respect of such parts of the Works as cannot be put to the intended use. The Nigam shall to the exclusion of any remedy under Clause-45 be entitled to recover from the Enlisted firm all sums paid in respect of such parts of the Works together with the cost of dismantling the same, cleaning the Site and returning Plant to the Enlisted firm or otherwise disposing of it in accordance with the Enlisted firm’s instructions. 29.6 Removal of defective Work If the defects or damage is such, that repairs cannot be expeditiously carried out on the Site, the Enlisted firm may with the consent of the Nigam remove from the Site, for the purposes of repair, any part of the Works which is defective or damaged, after furnishing adequate security, to the satisfaction of the Nigam. 29.7 Further Tests on Completion.

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If the replacement or renewals are such that they may affect the performance of the Works, the Nigam may request that Tests on Completion be repeated to the extent necessary. The request shall be made by notice within 30 days after the replacement or renewal. The tests shall be carried out in accordance with Clause-28. 29.8 Right of Access. Until the Defects Liability Certificate has been issued, the Enlisted firm shall have the right of access to all parts of the Works and to records of the working and performance of the Works. Such right of access shall be during the Nigam’s normal Working hours at the Enlisted firm’s risk and cost. Access shall also be granted to any duly authorized representative of the Enlisted firm whose name has been communicated in writing to the Nigam. Subject to the Nigam’s approval, the Enlisted firm may also at his own risk and cost make any tests, which he considers desirable. The aforesaid right of access shall also be subject to the Enlisted firm not interfering with or affecting adversely the intended use of the Works. 29.9 Defects in Nigam’s Designs The Enlisted firm shall not be liable for any defects resulting from designs furnished or specified by the Nigam. 29.10 Defects Liability Certificate. When the Defects Liability Period for the Works or any part thereof has expired and the Enlisted firm has fulfilled all his obligations under the Contract for defects in Works or that part, the Nigam shall issue within 28 days to the Enlisted firm a Defects Liability Certificate to that effect. 29.11 Exclusive Remedies. Except in the case of Gross Misconduct, and/or latent defects(s) arising within a period of five years from Taking Over, the Nigam’s remedies under this Clause shall be in place of and to the exclusion of any other remedy in relation to defects whatsoever. 30 Variations 30.1 Nigam’s right to Vary The Nigam may issue Variation Order to the Enlisted firm at any time before the Works are taken over, instruct the Enlisted firm to alter, amend, omit, add to or otherwise vary any part of the Works. The Enlisted firm shall not vary or alter any of the Works, except in accordance with a Variation Order from the Nigam. The Enlisted firm may, however, at any time propose variations of the Works to the Nigam. 30.2 Variation Order Procedure Prior to any Variation Order under Sub Clause 31.1, the Nigam shall notify the Enlisted firm of the nature and form of such variation.

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As soon as possible after having received such notice, the Enlisted firm shall submit to the Nigam: a) A description of Work, if any, to be performed and a Programme for its execution, and

b) The Enlisted firm’s proposals for any necessary modifications to the Programme

according to Sub Clause 26.1 or to any of the Enlisted firm’s obligations under the

Contract, and

c) The Enlisted firm’s proposals for adjustment to the Contract Price.

Following the receipt of the Enlisted firm’s submission the Nigam shall, after due consultation with the Enlisted firm, decide as soon as possible whether or not the variation shall be carried out. If the Nigam decides that the variation shall be carried out, he shall issue a Variation Order

clearly identified as such in accordance with the Enlisted firm’s submission or as modified by

agreement. If the Nigam and the Enlisted firm are unable to agree to the adjustment of the

Contract Price, the provisions of Sub Clause 31.3 shall apply.

30.3 Disagreement on adjustment of the Contract Price. If the Enlisted firm and the Nigam are unable to agree on the adjustment of the Contract Price, the adjustments shall be determined in accordance with the rates specified in the Schedule of Prices. If the rates contained in the Schedule of Prices are not directly applicable to the specific Work in question, suitable rates shall be established by the Nigam reflecting the level of pricing in the Schedule of Prices. Where rates are not contained in the said schedule, the amount shall be such as is in all the circumstances reasonable. Due account shall be taken of any over or under recovery of overheads by the Enlisted firm in consequence of the variation. Whenever by these conditions the Enlisted firm is entitled to be paid cost, such cost shall be properly incurred and shall include any overhead charges properly allocable thereto but not profit unless so stated. Any profit entitlement shall be added to cost at the percentage of 10%. The Enlisted firm shall also be entitled to be paid:- a) The cost of any partial execution of the Works rendered useless by any such variation, and b) The Cost of making necessary alterations to Plant already manufactured or in the course of manufacture or of any Work done that has to be altered in consequence of such variation.

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The Nigam shall on this basis determine the rates and prices to enable on account payment to be included in certificates of payment. 30.4 Enlisted firm to Proceed On receipt of a Variation Order, the Enlisted firm shall forthwith proceed to carry out the variation and be bound to these Conditions in so doing as if such variation was stated in the Contract. The Work shall not be delayed pending the granting of an extension of the Time for Completion or an adjustment to the Contract Price under Sub Clause 31.3. 30.5 Records of Costs

In any case where the Enlisted firm is instructed to proceed with a variation prior to the

determination of the adjustment to the Contract Price in respect thereof the Enlisted firm shall

keep records of all the cost of undertaking the variation and of time taken on its execution.

Such records shall be open to inspection/verification by the Nigam at all reasonable times.

31 Ownership of Plant

Plant to be supplied pursuant to the Contract shall become the property of the Nigam once the Plant is delivered to the Site. 32 Certificates and Payment 32.1 Terms of Payment a) Payment for line material Forty percent payment of the cost of line material including Excise duty, Sales Tax, Freight, Insurance etc will be made within thirty (30) days of receipt of material by the concerned Executive Engineer of UHBVN in respect of 11 kV works on execution of Indemnity Bond on NJSP of appropriate value by the Enlisted firm. 50% payments shall be made on 30th day of material has been erected / utilized at site & verified by the concerned Executive Engineer of UHBVN. Balance 10% payment shall be made on 30th day after inspection & clearance by the CEI of the Govt., of Haryana and after successful commissioning of line/ tubewell connections. b) Price component for Erection Services- Ninety percent of the total erection component of the Contract price shall be paid monthly on pro-rata basis on certification by the Engineer, on certificate for the quantum of Work completed and on successful completion of quality check points involved in the erection. Balance 10% shall be paid within 30 days of Taking Over certificate of the HT works including Distribution Transformers after inspection and clearance by the CEI of the Govt., of Haryana.

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32.2 Delivery and documents on Dispatch a) Copies of the Enlisted firm’s invoice showing letter of award reference goods description, quantity dispatched, unit price, total amount (4 copies). b) Packing list identifying contents of each package (4 copies). c) Receipted LR duly verified by AE/Const. d) Manufacturer’s/Enlisted firm’s guarantee certificate of quality. e) Material Inspection Clearance Certificate (MICC) for despatch issued by the Nigam’s representative and the Enlisted firm’s factory inspection report (2 copies) and insurance certificate (2 copies) The above documents should reach the Nigam within seven days from the date of dispatch to enable the Nigam to make timely payment to the Enlisted firm. 32.3 Payment of Enlisted firm’s Bills. Payment due to the Enlisted firm shall be made by crossed cheque. Such cheques shall be issued direct to the Enlisted firm on furnishing a stamped receipt for the amount of the cheque or to his authorised representative who has, a power of attorney, conferring, authority of the Enlisted firm to receive such payment from the Engineer except where the Applicants are described in their BID as a firm, in which case the receipt must be signed in the name of the firm by one of the partners or by some other persons holding a power of attorney, authorising him to do so by other partners. 32.4 The receipt of an accountant or clerk for any money paid by the Enlisted firm will not be considered as an acknowledgement of such payment to the Executive Engineer and the Enlisted firm shall be responsible for ensuring that he procures receipt signed/countersigned by the Executive Engineer. 32.5 Packing The Enlisted firm shall provide such packing of the material as is required to prevent their damage or deterioration during transit to their destination as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling, during transit and exposure to extreme temperatures, salt and precipitation during transit and open storage, packing case size and weights shall take in to consideration, where appropriate, the remoteness of the Goods final destination and the absence of heavy handling facilities at all points in transit. The packing, marking and documentation within and outside the packages shall comply strictly with special requirements as shall be expressly provided for in the Contract and in any subsequent instructions given by the Nigam.

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32.6 Indemnity Bond For the material to be provided by the Enlisted firm, it will be the responsibility of the Enlisted firm to take delivery, unload and store the materials at Site and execute an indemnity bond, trust receipt and obtaining authorisation letter as in favour of the Nigam against loss, damage and risk involved for the full value of the materials. The indemnity Bond shall be furnished by the Enlisted firm before commencement of the supplies and shall be valid till the scheduled date of testing, commissioning and handing over of the HT/LT works including distribution transformers to the Nigam.. 32.7 Issue of Certificate of Payment Within 21 days after receiving an application for payment, which the Enlisted firm was entitled, the Nigam shall issue a certificate of payment to the Enlisted firm showing the amount due. A certificate of payment, other than Final Certificate of payment, shall not be withheld on account of any part of the payment applied for being disputed. In such case a certificate of payment for the undisputed amount shall be issued. 32.8 Corrections to Certificates of Payment The Nigam may in any certificate of payment make any correction or modification that should have been properly made in respect of any previous certificates. 32.9 Payment The Nigam shall pay the amount certified within 15 days from the date of issue of each certificate of payment to the Enlisted firm at his principal place of business. 32.10 Application for Final Certificate of Payment The Enlisted firm shall make application to the Nigam for the Final Certificate of payment within 30 days after the issue of Taking Over Certificate by the Nigam. The application for the Final Certificate of payment shall be accompanied by the final account prepared by the Enlisted firm and reconciled with the Nigam. The final account shall give full details of the value of all Plants supplied and Work done under the Contract together with: - a) Such additions to or deductions from the Contract price as have been agreed, and b) All claims for additional payment to which the Enlisted firm may consider himself entitled. 32.11 Issue of Final Certificate of Payment

The Nigam shall issue to the Enlisted firm, the Final Certificate of Payment within 30 days after receiving an application in accordance with Sub Clause 33.10. If the Enlisted firm has not applied for a Final Certificate of Payment within the time specified in Sub Clause 33.10 the Nigam shall request the Enlisted firm to do so within a further period of 30 days. If the Enlisted firm fails to make such an application, the Nigam shall issue the Final Certificate of Payment for such amount, as he deems correct. 32.12 Final Certificate of Payment conclusive. Page 50 of 80

A Final Certificate of Payments shall be conclusive evidence of the value of the Works, that the Works are in accordance with the Contract and that the Enlisted firm has performed all his obligations under the Contract except the obligations arising during the Defects Liability Period. Payment of the amount certified in the Final Certificate of Payment shall be conclusive evidence that the Nigam has preformed all his obligations under the Contract. A Final Certificate of payment or payments shall not be conclusive: a) To the extent that fraud or dishonesty relates to or affects any matter dealt within the certificate, or b) If any arbitration or court proceedings under the Contract have been commenced by either party before the expiry of 90 days after the issue of the Final Certificate of Payment. c) In the event of any defects being noticed during the Defects Liability Period. 32.13 Failure to provide Drawings Should the Enlisted firm fails to provide drawings, diagrams, microfilms or other information forming part of the Works, at the time specified in the Contract, the payment which becomes due to the Enlisted firm in accordance with the Contract will be delayed by a period of time equal to the delay in providing the information. 33 Claims 33.1 Procedure In any case where under these conditions there are circumstances which the Enlisted firm considers entitle him to claim additional payment, the Enlisted firm shall:- a) If he intends to make any claim for additional payment he will give to the Nigam notice of his intention to make such claim within 30 days after the said circumstances became known to the Enlisted firm stating the reasons for his claim, and b) As soon as reasonably practical, after the date of such notice shall submit to the Nigam full and detailed particulars of his claim but not later than 45 days after such notice unless otherwise agreed by the Nigam. In any event such particulars shall be submitted no later than the application for the Final Certificate of Payment. The Enlisted firm shall thereafter promptly submit such further particulars as the Nigam may reasonably require to assess the validity of the claim. 33.2 Assessment When the Nigam has received full and detailed particulars of the Enlisted firm’s claim in accordance with Sub Clause 34.1 and such further particulars as he may reasonably have required he shall after due consultation with the Enlisted firm determine whether the Enlisted firm is entitled to additional payment and notify him accordingly. Page 51 of 80

The Nigam may reject any claim for additional payment, which does not comply with the requirements of Sub-Clause 34.1. 34 Currency and Rates of Exchange. All payments shall be made in Indian Rupees only. 35 Set Off & Risk Procedure 35.1 Set Off Any such money due and payable to the Enlisted firm under the Contract may be appropriated by the Nigam and set-off against any claim of the Nigam for the payment of a sum of money arising out of or under this Contract or any other Contract entered into by the Enlisted firm with the Nigam. 35.2 Enlisted firm’s Default Liability In the event of breach of any of the terms and conditions by the Enlisted firm, the Nigam can terminate the Contract without any notice to the Enlisted firm at any stage and the Enlisted firm shall have no claim whatsoever on the Nigam on this account. But the Enlisted firm shall be liable to pay to the Nigam a sum equivalent to 10% of the value of the Contract as liquidated damages and not as penalty. The Enlisted firm shall in addition and without prejudice to the above said damages, make good any loss or damage that may be incurred by the Nigam in getting the left out Works executed from elsewhere at the risk and cost of the Enlisted firm. In case of delay in the execution of Works, the Nigam will have the right to get the Work executed from any alternative source, at the sole risk and cost of the Enlisted firm. Any extra expenditure incurred in such action shall be recoverable in full from the Enlisted firm in addition to Nigam's right of claim for liquidated damages. 36 Risk and Responsibility 36.1 Allocation of Risk and Responsibility The Risks of loss of or damage to physical property and the death and personal injury which arise in consequence of the performance of the Contract shall be allocated between the Nigam and the Enlisted firm as follows:- a) The Nigam: The Nigam’s Risks as specified in Sub Clause 37.2 & 37.3. b) The Enlisted firm: The Enlisted firm’s Risks as specified in Sub Clause 37.4. 36.2 Nigam’s Risks Nigam’s risk shall be as under: Insofar as they relate to the country where the Works are to be erected:- * War and hostilities (Whether war be declared or not), invasion, act of foreign enemies. * Rebellion, revolution, insurrection, military or usurped power or civil war.

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* Ionizing radiation or contamination by radioactivity from any nuclear fuel, radioactive toxic explosives or other hazardous properties of any explosive nuclear assembly or nuclear component, thereof. 36.3 Nigam’s Risks Under all circumstance: a) Use or occupation of the Works or any part thereof by the Nigam. b) The use or occupation of the Site or any part thereof for the purposes of the Enlisted firm, or interference, temporary or permanent with any right-of-way, light, air or water any easement, way-leaves or right of similar nature which is the inevitable result of the construction of the Works in accordance with the Contract. c) The act, neglect or omission or breach of Contract or of statutory duty of the Nigam. 36.4 Enlisted firm’s Risks The Enlisted firm’s Risks are all risks other than those identified as the Nigam’s Risks. 37 Care of Works 37.1 Enlisted firm’s Responsibility for the Care of the Works. The Enlisted firm shall be responsible for the care of the Works from the commencement date until the Risk Transfer Date applicable thereto under Sub Clause 38.2. The Enlisted firm shall also be responsible for the care of any part of the Works upon which any outstanding Works is being performed by the Enlisted firm during the Defects Liability period until completion of such outstanding Work. 37.2 Risk Transfer Date The Risk Transfer Date in relation to the Works is the date of occurrence of any of the following:- a) The date of issue of the Taking-Over-Certificate, or b) The date when the Nigam is deemed to have issued the Taking-over-Certificate or the Works are deemed to have been taken over in accordance with Clause-29, or c) The date of expiry of the notice of termination when the Contract is terminated by the Nigam or the Enlisted firm in accordance with these conditions. 38 Passing of Risk 38.1 Passing of Risk of loss of or Damage to the Works The Risk of loss of or Damage to the Works shall pass from the Enlisted firm to the Nigam on the Risk Transfer Date applicable thereto. 38.2 Loss or Damage Before Risk Transfer Date. Loss of or Damage to the Works occurring before the Risk Transfer Date shall:- a) To the extent caused by any of the Enlisted firm’s Risks, be made good forthwith by the Enlisted firm at his own cost, and b) To the extent caused by any of the Nigam’s Risks, be made good by the Enlisted firm at the Nigam’s expense if so required by the Nigam within 30 days after the occurrence of the loss or damage. The price for making good such loss and damage shall be in all

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circumstances reasonable and shall be agreed by the Nigam and the Enlisted firm, or in the absence of agreement, shall be resolved under Clause-50. 38.3 Loss or Damage After Risk Transfer Date After the Risk Transfer Date, the Enlisted firm’s liability in respect of loss or damage to any part of the Works shall, except in the case of Gross Misconduct, be limited:- a) To the fulfillment of the Enlisted firm’s obligations under Clause-30 in respect of defects therein, and b) To making good forthwith loss or damage caused by the Enlisted firm during the Defects Liability Period. c) Damage to Property and injury to Persons 39 Damage to Property and injury to persons 39.1 Enlisted firm’s Liability Except as provided under Sub Clause 41, the Enlisted firm shall be liable for and shall indemnify the Nigam against all losses, expenses and claims in respect of any loss of or damage to physical property (other than the Works), death or personal injury to the extent caused by:- a) Defective design, material or Workmanship of the Enlisted firm, or b) Negligence or breach of statutory duty of the Enlisted firm, his Sub Enlisted firms or their respective employees and agents. 39.2 Nigam’s Liability The Nigam shall be liable for and shall indemnify the Enlisted firm against all losses, expenses, or claims in respect of loss or damage to any physical property (other than Works) to the extent caused by those of the Nigam’s Risks listed in Sub-Clause 37.2. & 37.3., but not otherwise. 40 Accidents The Enlisted firm shall be liable for and shall indemnify the Nigam against all losses, expenses or claims arising in connection with the death of or injury to any person employed by the Enlisted firm or his sub Enlisted firms or employees of the Nigam for the purposes of the Works, unless caused by any acts or defaults of the Nigam. In the latter cases the Nigam shall be liable for and shall indemnify the Enlisted firm against all losses, expenses or claims arising in connection therewith. 41 Limitations of Liability 41.1 Liability after Expiry of Defect Liability Period. Except in cases of criminal negligence or willful misconduct:- a) The Enlisted firm shall not be liable to the Nigam, whether in Contract, or otherwise for any indirect or consequential loss or damage, provided that this execution shall not apply to any obligation of the Enlisted firm to pay liquidated damages to the Nigam.

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b) The aggregate liability of the Enlisted firm to the Nigam under the Contract shall not exceed the Contract price, provided that this limitation shall not apply to any obligation of the Enlisted firm to indemnify the Nigam with respect to patent infringement. 41.2 Exclusive Remedies The Nigam and the Enlisted firm intend that their respective rights, obligations and liabilities as provided for in these conditions shall alone govern their rights under the Contract and in relation to the Works. Accordingly, the remedies provided under the Contract in respect of or in consequence of :- a) Any breach of Contract, or b) Any act of negligence or omission, or c) Death or personal injury, or d) Loss or damage to any property. are, save in the case of Gross Misconduct, to be to the exclusion of any other remedy that either may have against the other under the law governing the Contract or otherwise. 41.3 Mitigation of loss or Damage In all case the party claiming a breach of Contract or a right to be indemnified in accordance with the Contract shall be obliged to take all reasonable measures to mitigate the loss or damage which has occurred or may occur. 42 Insurance 42.1 The Works a) All the Plant, including pole foundations wherever required being supplied by the Enlisted firm shall be kept completely insured by the Enlisted firm at his cost from the time of despatch from the Enlisted firm’s Works, up to the completion of erection and final checking, testing and commissioning at Site and Taking Over of the 11 KV Line/DT Works by the Nigam. The conductor and other material dismantled from the Nigam’s existing feeders, during augmentation, shall also likewise be kept unused by the Enlisted firm till its transportation back from the Site and returned to Nigam’s Stores. b) It will be the responsibility of the Enlisted firm to lodge, pursue and settle all claims (for all the Plant including pole foundations) with the insurance company in case of any damage, loss, theft, pilferage, fire etc. and the Nigam shall be kept informed about it. The Enlisted firm shall replace the lost/damaged Plant including pole foundations promptly irrespective of the settlement of the claims by the underwriters and ensure that the Work progress is as per agreed schedules. 42.2 Enlisted firm’s equipment

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The Enlisted firm shall insure the Enlisted firm’s equipment for its full replacement value while in transit to the Site, from commencement of loading until completion of unloading at the Site, while on the Site and until unloading at its return destination against all loss or damage caused by any of the Enlisted firm’s risks. 42.3 Third Party Liability The Enlisted firm shall insure against liability to third parties for any death or personal injury

and loss of or damage to any physical property including the property of the Nigam other than

the Works arising out of the performance of the Contract and occurring before the issue of the

last Defect Liability Certificate.

Such insurance shall be effected before the Enlisted firm begins any Work on the Site.

42.4 Employees

The Enlisted firm shall insure and maintain insurance against his liability under Sub Cluse-41.

42.5 General

The insurance cover shall be taken by the Enlisted firm in the name of the Nigam who shall

authorize the Enlisted firm to pursue the claims with the Insurance Company.

42.6 General Requirements of Insurance Policies. The Enlisted firm shall a) Whenever required by the Nigam produce the policies or certificates of any insurance which he is required to effect under the Contract together with receipts for the premiums, b) Effect all insurances for which he is responsible with an insurer and in terms approved by the Nigam, and c) Make no material alterations to the terms of any insurance without the Nigam’s approval. If an insurer makes any material alteration to the terms the Enlisted firm shall forthwith notify the Nigam, and d) In all respects comply with any conditions stipulated in the insurance policies that he is required to place under the Contract. 42.7 Permitted Exclusions from Insurance Policies The insurance cover effected by the Enlisted firm in the name of the Nigam shall exclude the following: - a) The cost of making good any part of the Works, which is defective or other wise does not comply with the Contract.

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b) Indirect or consequential loss or damage including any reductions in the Contract Price for delays. 42.8 Remedies on the Enlisted firm’s Failure to Insure. If the Enlisted firm fails to produce evidence of insurance cover as stated in Sub Clause-43.6 (a) then the Nigam may effect and keep in force such insurance. Premiums paid by the Nigam for this purpose shall be deducted from the Contract Price. 42.9 Amounts not recovered Any amount not recovered from the insurers shall be borne by the Nigam or Enlisted firm in accordance with their responsibilities under Clause-37. 43 Force Majeure. 43.1 Definition of Force Majeure.

Force Majeure means any circumstances beyond the control of the parties including:- a) War and other hostilities, (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition or embargo; b) Ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear components thereof; c) Rebellion, revolution, insurrection, military or usurped power and civil war; d) Riot, commotion or disorder, except where solely restricted to employees of the Enlisted firm. e) Natural calamities (such as Earthquake, Cyclone, floods etc.,) shall also be treated as force majeure. 43.2 Effect of Force Majeure. Neither party shall be considered to be in default or in breach of his obligations under the Contract to the extent that performance of such obligations is prevented by any circumstances of Force Majeure, which arise after the date of the Notification of Award. 43.3 Notice of Occurrence. If either party considers that any circumstances of Force Majeure have occurred which may affect performance of his obligations he shall promptly notify the other party. 43.4 Performance to Continue. Upon the occurrence of any circumstances of Force Majeure the Enlisted firm shall endeavour to continue to perform his obligations under the Contract so far as reasonably practicable. The Enlisted firm shall notify the Nigam of the steps he proposes to take including any reasonable alternative means for performance, which is not prevented by Force Majeure. The Enlisted firm shall not take any such steps unless directed so to do by the Nigam. 43.5 Additional Costs caused by Force Majeure. Page 57 of 80

If the Enlisted firm incurs additional costs in complying with the Nigam’s directions under Sub Clause-44.4, the amount thereof shall be certified by the Nigam and added to the Contract Price. 43.6 Damage caused by certain of the Nigam’s risks. If in consequence of any of the Nigam’s risks listed in para-graphs of Sub Clause-37.2., the Work on or adjacent to the Site shall suffer loss or damage, the Enlisted firm shall be entitled to have the value of the Work done, without regard to the loss or damage that has occurred, included in a certificate of payment. 43.7 Termination in Consequence of Force Majeure. If circumstances of Force Majeure have occurred and shall continue for a period of 180 days, notwithstanding, the Enlisted firm may by reason thereof, having been granted an extension of Time for Completion of the Works, either party shall be entitled to serve upon the other, 30 days notice to terminate the Contract. If at the expiry of the period of 30 days Force Majeure shall still continue, the Contract shall terminate. 43.8 Payment on Termination for Force Majeure. If the Contract is terminated under Sub Clause-44.7 the Enlisted firm shall be paid the value of the Work done. The Enlisted firm shall also be entitled to receive: - a) The amounts payable in respect of any preliminary items so far as the Work or service comprised therein has been carried out and delivered and a proper proportion of any such item in which the Work or service comprised has only been partially carried out and delivered. b) The cost of materials or goods ordered for the Works or for use in connection with the Works, which have been delivered to the Enlisted firm or of which the Enlisted firm is legally liable to accept delivery. Such materials or goods shall become the property of and be at the risk of the Nigam when paid for by the Nigam and the Enlisted firm shall place the same at the Nigam’s disposal. 44 Enlisted firm’s Default 44.1 Notice of Default. If the Enlisted firm is not executing the Works in accordance with the Contract or is neglecting

to perform his obligations, there under, as seriously, to affect the Programme for carrying out

of the Works, the Nigam may give notice to the Enlisted firm requiring him to make good such

failure or neglect.

44.2 Nature of Enlisted firm’s default. If the Enlisted firm: - Page 58 of 80

a) Has failed to comply within a reasonable time with a notice under Sub Clause-45.1 or b) Assigns the Contract or Sub-Contracts the whole of the Works without the Nigam’s written consent, or c) Becomes bankrupt or insolvent, has a receiving order made against him or compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors or goes into liquidation. The Nigam may, after giving 15 days notice to the Enlisted firm, terminate the Contract and expel the Enlisted firm from the Site. Any such expulsion and termination shall be without prejudice to any other rights or powers of the Nigam, or the Enlisted firm under the Contract. The Nigam may upon such termination complete the Works himself or by any other Enlisted firm. The Nigam or such other Enlisted firm may use for such completion, Enlisted firm’s equipment which is on the Site and as he or they may think proper, and the Nigam shall allow the Enlisted firm a fair price for such use. 44.3 Valuation at Date of Termination The Nigam shall, as soon as possible after such termination, certify the value of the Works and all sums then due to Enlisted firm as at the date of termination in accordance with Clause- 33. 44.4 Payment after termination The Nigam shall not be liable to make any further payments to the Enlisted firm until the Works have been completed. When the Works are so complete, the Nigam shall be entitled to recover from the Enlisted firm the extra costs, if any, of completing the Works after allowing for any sum due to the Enlisted firm under sub Clause 45.3. If there is no such extra cost the Nigam shall pay any balance due to the Enlisted firm. 45.5 Effect on Liability for delay The Enlisted firm’s liability under Clause-27 shall immediately cease when the Nigam expels him from the Site without prejudice to any liability there under that may have already occurred. 45 Nigam’s Default 45.1 Nature of Nigam’s Default The Enlisted firm may, by giving 30 days notice to the Nigam, terminate the Contract if the Nigam becomes bankrupt or insolvent, has a receiving order made against him, compounds with his creditor, or carries on business under a receiver, trustee or manager for the benefit of his creditors or goes into liquidation, or

45.2 Removal of Enlisted firm’s equipment On such termination, the Enlisted firm shall be entitled to remove immediately all Enlisted firms’ equipment, which is on the Site.

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45.3 Payment on termination for Nigam’s Default. In the event of such termination the Nigam shall pay the Enlisted firm as amount calculated in accordance with sub Clause 44.8. 46 Changes in Cost and Legislation 46.1 Labour, materials and transport. The Contract price shall remain firm and shall not be subject to any variation on any account. 46.2 Statutory and other regulations. The Contract price shall be adjusted to take account of any increase or decrease in cost resulting from changes in legislation of the country. Legislation means any law, order, regulation or bye-law having the force of law, which affects the enlisted firm in the performance of his obligations under the Contract, made after the date of notification of award and it acceptance. The Nigam shall certify the amount of the resulting increase or decrease in cost, which shall be added to or deducted from the Contract price. 47 Customs 47.1 Customs and Import duties. The Enlisted firm shall pay any customs, import duties and taxes, on the Enlisted firms equipment, if any, to be imported. 48 Notices 48.1 Notice to Enlisted firm All certificates, notices or written order communications to be given to the Enlisted firm by the Nigam under the conditions shall be sent by Airmail, Cable, telex, Regd. Post or facsimile transmission, to or be left at the Enlisted firm’s principal place of business or such other address as the Enlisted firm shall notify for that purpose, or may be handed over to the Enlisted firm’s representative under acknowledgement. 48.2 Notice to Nigam Any notice to be given to the Nigam under these conditions shall be sent by Regd. Post, cable, or facsimile transmission (fax) to or left at the respective address notified for that purpose in the letter of award, or handed over to the Nigam’s representative, authorized, to receive it. 48.3 Minutes of meeting Instructions or notice to the Enlisted firm and notice from the Enlisted firm to the Nigam record in a minute or protocol signed by the authorized representative of the given and of the recipient of such notice or instruction shall be valid notice or instruction for the purposes of the Contract. 49 Settlement of Disputes

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49.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to the extent possible, settled amicably between the parties. 49.2 If any dispute or difference of any kind whatsoever shall arise between the Nigam and the Enlisted firm, arising out of the Contract for the performance of the Works whether during the progress for the Works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the empowered officer to be appointed by the Nigam, who, within a period of thirty (30) days after being requested by either party to do so, shall give written notice of his decision to the Nigam and the Enlisted firm. 49.3 Unless as hereinafter provided, such decision in respect of any matter so referred shall be final and binding upon the parties until the completion of the Works and shall forthwith be given effect to by the Enlisted firm who shall proceed with the Works with all due diligence, whether he or the Nigam required arbitration as hereinafter provided or not. 49.4 If after the Empowered Officer has given written notice of his decision to the parties, no claim to arbitration has been communicated to him by either party within thirty (30) days from the receipt of such notice, the said decision shall become final and binding on the parties. 49.5 In the event of the Empowered Officer failing to notify his decision as aforesaid within thirty (30) days after being requested aforesaid, or in the event of either the Nigam or the Enlisted firm being dissatisfied with any such decision, or within thirty (30) days after the expiry of the first mentioned period of thirty (30) days, as the case may be either party may require that the matters in dispute be referred to arbitration as hereinafter provided. 50 Arbitration All matters, question, disputes, differences and/or claims arising out of and/or concerning and/or in connection and/or in consequences or relating to this Contract whether or not obligations of either of both parties under this Contract be subsisting at the time of such dispute and whether or not this Contract has been terminated or purported to be terminated or completed, shall be referred to the Sole Arbitration of the MD, UHBVN/DHBVN or an Officer appointed by the MD, UHBVN/DHBVN as his nominee. The Award of the Arbitrator shall be final and binding on the parties to this Contract. Subject to aforementioned provisions, the provisions of Arbitration & Conciliation Act 1996 and the rules there under and statuary modifications thereof for the time being in force, shall be deemed to apply to the Arbitration proceedings under this Clause. 51 Taxation 51.1 The Enlisted firm shall be entirely responsible for payment of all taxes, duties, license fees etc. incurred until delivery of the Contract supplies to the Nigam.

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51.2 The Enlisted firm shall be solely responsible for the taxes that may be levied on the Enlisted firm’s persons or on earning of any of his employee and shall hold the Nigam indemnified and harmless against any claims that may be made against the Nigam. The Nigam does not take any responsibility whatsoever regarding taxes under Income Tax Act, for the Enlisted firm or his employees. If it is obligatory under the provisions under the Indian Tax Act, deduction of Income Tax at source shall be made by the Nigam. 51.3 All custom- duties and levies, duties sales tax payable on equipment, components, sub assemblies, raw material and any other items used for their consumption or dispatches directly to the Nigam from their sub supplier (i.e. sale-in-transit at concessional rate) shall be included in BID price and any such taxes duties, levies additionally payable will be to Enlisted firm’s account and no separate claim on this behalf will be entertained by the Nigam. Nigam shall however issue requisite sales Tax declaration form i.e, Form ‘C’ and road permit to the Applicant. 51.4 In case of supply of self manufactured items, Sales Tax (but not surcharge in lieu of Sales Tax), local taxes and other levies solely in respect of transaction between the Nigam and Enlisted firm. Under the Contract, if any, shall not be included in the BID price, but those shall be included separately wherever applicable. These amounts will be payable (along subsequent variation if any) by the Nigam on the supplies made by the Enlisted firm but limited to the Tax liability on the transaction between Nigam and the Enlisted firm. Nigam shall however issue requisite Sales Tax declaration forms. 52 Advertising ` Any advertising stating the subject of this Contract by the Enlisted firm in India or in other foreign countries shall be subject to approval of the Nigam prior to the publication. Publication of approved articles, photographs and other similar materials shall carry approval of the Nigam. 53 Material Account Proper account of the Plant/equipment brought at Site and actually erected shall be prepared by the Enlisted firm on completion of the Works and final payments shall be adjusted on the basis of the same. 54 Industrial & Labour Laws The successful applicant shall submit a certificate that he has complied with the provisions of Industrial & Labour Laws including PF Act, ESI Act etc., as may be applicable. 55 Soft copy of Price BID: The applicant shall supply along with BID, a soft copy of Price BID on a CD the face of which shall be signed by the JV parties/sole applicant. 56. Empanelled Supplier The material shall be supplied form the approved list of empanelled firms. The firm who shall be enlisted as approved vendors till the date of issue of work-order shall also be considered to supply material against this NIT.

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57 Work Contract Tax (WCT) In case of separate work order(s) issued for supply & erection part of the contract WCT shall be payable by the Enlisted firm on the erection part of the contract only. In addition to above, all the applicants are also required to include / make the provision for Worker’s Welfare Cess (Payable on erection part only) under the provisions of the Building and other Construction Worker’s Welfare Cess Act 1996, in the Bid price or any kind of taxes and duties as mandatory as per statutory Law or instruction of Government. However the bidder shall submit the compliance/ deposit receipt (Proof) of the above provisions on monthly basis. However, in case of single part contract i.e., composite contract for supply & erection WCT shall be payable for the total value of the Contract. 58. Railway Crossings The Enlisted firm shall inspect at his own expenses the route of 11 kV / LT lines for any Railway Crossing. The Enlisted firm shall depute their liasioning officer to obtain approval from concerned Railway authorities. Any delay in execution of work on account of Railway Crossing vis-avis approval of Railway authorities shall be to applicant’s account. 59. Penalty for Fake Call for Inspection In case of fake inspection calls, hefty penalty of Rs. 1.0 lacs per call shall be imposed & recovered from the turnkey Enlisted firm’s bills. 60. Dis-honouring of Nigam’s / HPPC decision The firms failing to accept the mutually agreed rates, after having made commitments before HPPC (GoH) shall be blacklisted / barred from doing business with Nigam. The period of such blacklisting of the defaulting turnkey Enlisted firm will be three years. The blacklisting of the Enlisted firm shall be notified to all Power Utilities in the country and the names of such blacklisted supplier / Enlisted firm would also be put on the web-site of the Nigam.

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SECTION – IV

SAMPLE FORMS AND PROCEDURES

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CONTENTS

Annexure Description Pages No. Performa of Letter of Undertaking 1.

Performa of Agreement 2.

Performa of Bank Guarantee for Contract Performance 3.

Performa of Extension of Bank Guarantee 4.

Performa for Indemnity bond 5. (Entire Equipment Consignment in One lot)

Performa for Indemnity bond 6 (Equipment handed over in installments)

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ANNEXURE-I

PROFORMA OF LETTER OF UNDERTAKINGS

(To be submitted by the Bidder along with his Bid) (To be executed on non-judicial paper of requisite value)

Ref______Dated:______

To The Superintending Engineer ‘OP’ UHBVN, Kaithal

Dear Sirs,

1. I*/We* have read and examined the following bid documents relating to the ______(full scope of work) a) Notice Inviting Tender b) “Invitation for bid, Instructions to Bidders, Conditions of Contract” alongwith Contract Data & Annexure. c) Technical specifications d) Drawings attached with Bidding documents. 2. I*/We* hereby submit our bid and undertake to keep our bid value for period of 3 (Three) months from the date of opening of Bid. I*/We* hereby further undertake that during said period I/We not vary/alter or revoke my/our Bid. Thus undertaking is in consideration of UHBVN agreeing to open my Bid and consider and evaluate the same for the purpose of award of work in terms of provisions of Clause entitled “Award of Contract” section instruction to Bidders in the Bid documents. Should thus Bid be accepted, I/We also agree to abide by and fulfill all the terms, conditions of provision of the above mentioned bid documents. Signature alongwith seal of company ______(Duly authorized to sign the tender on behalf of the contract) Name: ______Designation: ______Name of Company: ______(in Block letters)

WITNESS

Signature:

Date & Postal address: Date:

Name & Address: Telegraphic address Telephone No.

Fax No. * Strike out whichever is not applicable.

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ANNEXURE-2

PROFORMA OF “AGREEMENT”

(To be executed on non-judicial Stamp Paper of `. 15.-)

This Agreement made this ______day of ______2014-15 between UTTAR HARYANA BIJLI VITRAN NIGAM LTD. (hereinafter referred to as “Owner or UHBVN which expression shall include its administrators. Company incorporated under the Companies act, 1956) on the one part and ______having its registered Office at ______(herein after referred to as “Contractor” or ______“X” ______name of the contracting company which expression shall include its administrators, successors, executors and permitted assigns) of the other part.

WHEREAS UHBVN invited bids for design, manufacture, transportation to site, supply, erection, tested and Commissions of ______as per specification No. ______AND WHEREAS ______“X” ______had participated in the above referred bidding vide their proposal No. ______dated ______And awarded the contract to ______“X” ______On terms and conditions documents referred to therein, which have been accepted by ______“X” ______Resulting into a “Contract”.

NOW THEREFORE THIS DEED WITNESSETH AS UNDER:-

Article

1.1 Award of Contract:

UHBVN has awarded the Contract to ______“X” ______for the work of ______on terms and conditions contained in its Letter of Award No. ______dated ______and the documents referred to therein. The award has taken effect from aforesaid Letter of Award. The terms and expressions used in this Agreement shall have the same meaning as are assigned to them in the “Contract Documents” referred to in the succeeding Article.

Contract Document: 2.1 The Contract shall be performed strictly, as per the terms and conditions stipulated herein and in the following documents attached herewith (hereinafter referred to as “Contract Agreement”). i) UHBVN Bidding Documents in respect of Specification No. ______issued vide its letter no. ______dated ______Consisting of Invitation to Bid, Instruction to Bidders, General & Special Conditions of Contract and all other sections entitled “Conditions of Contract” including all amendments issued vide its letter No. ______dated ______. ii) UHBVN Technical specification, Vol.-II including amendments issued vide its letter no. ______dated ______iii) “X” is Proposal no. ______dated ______alongwith proposal sheets: - Date requirements, Payment, Terms and Work Schedules submitted by “X” entitled as “______”. iv) Agreed Minutes of the meeting held on ______between UHBVN and “X”. v) UHBVN’s Letter of Award No. ______dated ______duly accepted by “X”. vi) Quality Plans for manufacturing and field activities entitled as Quality Plan.

All the aforesaid Contract Documents shall form an integral part of this agreement, in so as the same or any part conform to the Bidding Documents (Vol.-I&II) and what has been specifically agreed to by the owner in its Letter of Award. Any matter inconsistent therewith, contrary or repugnant thereto or any deviations taken by the Contractor in its “Proposal” (Vol.-III) but not agreed to specifically by the Contractor. For the sake of brevity this agreement alongwith its aforesaid contract documents shall be referred to as the “Agreement”. Page 67 of 80

Conditions & Covenants

3.1 The Scope of Contract, Consideration, Terms of Payment, Taxes wherever applicable, Insurance, Liquidated Damaged, Performance Guarantee and all other terms and conditions are contained in UHBVN. Letter of Award No. ______dated ______read in conjunction with other aforesaid contract documents. The Contract shall be duly performed by the Contractor strictly and faithfully in accordance with the terms of the Agreement.

3.2 The scope of work shall also include supply and installation of all such items which are not specifically mentioned in the Contract Documents, but which are needed for successful efficient, safe and reliable operation of the equipment unless otherwise specifically excluded in the specifications under “exclusions” or “Letter of Award”.

3.3 Time Schedule

3.3.1 Time is the essence of the contract and schedules shall be strictly adhered to and “X” shall perform the work in accordance with the agreed schedule as per terms and conditions contained in the C.O.C. Vol.-I. 3.4 Quality Plans

3.4.1 The Contractor is responsible for the proper execution of the Quality Plans. The work beyond the customer’s hold points will progress only with the owner’s consent. The owner will also undertake quality surveillance and quality audit of the Contractor’s/sub-contractor’s works, systems and procedures and quality control activities. The Contractor further agrees that any change in the quality plan will be made only with the Owner’s approval. The Contractor shall also perform all quality control activities, inspection and tests agreed with the owner to demonstrate full compliance with the contract requirements. 3.4.2 The Contractor also agrees to provide the owner with the necessary facilities for carrying out inspection, quality audit and quality surveillance of Contractor’s and its sub-contractor’s quality Assurance Systems and manufacturing activities. These shall include but not limited to the following:-

(i) Relevant Plant standards, drawings and procedures. (ii) Detailed Quality Assurance system manuals for manufacturing activities

3.4.3 It is expressly agreed to by the Contractor that not withstanding to the fact that the contract is termed as Supply-cum-erection contract or divisive contract for supply and erection or indicates the break-up of the contract consideration, for convenience of operation and for payment of sales tax on supply portion, it is infect one composite contract on single source responsibility basis and the Contractor is bound to perform the total contract in his entirely and non-performance of any part or portion of the contract shall be deemed to be a breach of the entire contract as per clause 29.3 (C.O.C).

3.4.4 The Contractor guarantees that the equipment bid under the contract shall meet the ratings and performance parameters as stipulated in the technical specifications (Volume-II) and in the event of any deficiencies found in the requisite performance figures, the owner may at its opinion reject the

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equipment bidor alternatively accept it on the terms and conditions and subject to levy of the liquidated damages in terms of contract documents. The amount of liquidated damages so leviable shall be in accordance with the contract documents and without any limitation.

3.4.5 It is further agreed by the Contractor that the contract performance guarantee shall in no way be constructed to limit or restrict the owner’s right to recover the damages/compensation due to short- fall in the equipment performance figures as stated above or under any other clause of the Agreement. The amount of damages/compensation shall be recoverable either by way of deduction from the contract price contract performance guarantee and/or otherwise. The contract performance guarantee furnished by the Contractor is irrecoverable and unconditional and the Owner shall have the powers to invoke it notwithstanding any dispute or difference between the owner and the Contractor pending before any court, tribunal, arbitrator or any other authority, 3.4.6 The Agreement constitutes full and complete understanding between the parties and terms of the presents. It shall supersede and prior correspondence terms and conditions contained in the Agreement. Any modification of the Agreement shall be effected only by a written instrument signed by the authorised representative of both the parties. 3.4.7 The contractor shall be responsible to issue a certificate that he has complied with the provisions of Industrial and labour laws including PF Act, ESI act etc. as may be applicable. 4.0 Settlement of Disputes: 4.1 It is specifically agreed by and between the parties that all the difference or disputes arising out of the Agreement or touching the subject matter or the Agreement shall be decided by the process of settlement and Arbitration as specified in clause 50 & 51 of the Conditions of the Contract, Vol.-I. 4.2 Notice of Default: Notice of default given by either party to the other party under Agreement shall be in writing and shall be deemed to have been duly and properly served upon the parties hereto if delivered against acknowledgement or by telex or by registered mail with acknowledgement due addressed to the signatories at the addresses mentioned herein above. IN WITNESS WHEREOF, the parties through their duly authorized representatives have executed these presents (execution where of has been approved by the competent authorities of both the parties) on the day, month and year first above mentioned at Panchkula. WITNESS 1.______(Owner’s Signature) (Printed Name)

2.______(Designation) (Company’s Stamp)

1. ______(Contractor’s Signature) (Printed Name)

2. ______(Designation) Page 69 of 80

(Printed Name) Applicable in case of single award is placed on one party on Supply-cum-Erection basis. In case two separate awards are place on single party/two different parties this clause is to be modified suitable while signing the Contract agreement to be signed separately for two awards to incorporate cross fall breach clause.

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ANNEXURE-3

PERFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE (To be stamped in accordance with stamp Act)

Ref.______Bank Guarantee No. Dated:

To

The Superintending Engineer ‘OP’ Circle, UHBVN, Kaithal

Dear Sirs,

In consideration of UTTAR HARYANA BIJLI VITRAN NIGAM (hereinafter referred to as the “Owner” which expression shall unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to M/s ______with its registered/Head Office at ______(herein after referred to as the “Contractor” which expression shall unless repugnant to the context of meaning thereof include its successors, administrators, executors and assigns) a Contract by issue of Owner’s Letter of Award No. ______dated ______and the same having been unequivocally accepted by the Contractor, resulting in a Contract, bearing No. ______dated ______valued at ______. For ______(Scope of Contract) and the contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of th entire Contract equivalent to ______(%) ______(percent) of the said value of the Contract to the Owner. We______(Name & Address of the Bank) Having its Head Office at ______(hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators, executors and assigns) do herby guarantee and undertake to pay the Owner, on demand any and all monies payable by the Contractor to the extend of ______as aforesaid at any time upto ______(days/month/year) without any demur, reservation, contest, recourse or protest and/or without any reference to the Contractor.

Any such demand made by the owner on the bank shall be conclusive and binding notwithstanding any difference between the owner and the contractor or any dispute pending before any Court, Tribunal, arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to be enforceable till the Owner discharges this guarantee. The Owner 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 for performance of the Contract by the Contractor. The Page 71 of 80

Owner shall have the fullest liberty, without affecting this guarantee to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor, and to exercise the same at any time in any manner and either to enforce or to for bear to enforce any covenants, contained or implied, in the Contract between the owner and the contractor or any other course or remedy or security available to the Owner. The bank shall not be released of its obligations under these presents by any exercise by the Owner of its liberty with reference to the matters aforesaid or any exercise by the Owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other set of omission or commission on the part of the Owner or any other indulgences shown by the owner 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 the owner at its option shall be entitled to enforce this Guarantee against the Bank as principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee the Owner may have in relation to the Contractor’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to ______and it shall remain in force upto and including ______and shall be extended from time to time for such period, as may be desired by M/s ______on whose behalf this guarantee has been given. Dated this ______day of ______2014-15 at ______

WITNESS

______(Signature) (Signature)

______(Name) (Name)

______(Official address) (Designation with Bank Stamp)

Attorney as per Power of Attorney No.______

Date ______

Note: This sum shall be ten percent (10%) of the Contract price. The date will be ninety (90) days after the end of Warranty Period as specified in the Contract. The Stamp Papers of appropriate value shall be purchased in the name of issuing bank.

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ANNEXURE-4

PREFORMA OF EXTENSION OF BANK GUARANTEE

Ref. ______Dated______

To

The Superintending Engineer ‘OP’ Circle, UHBVN, Kaithal

Dear Sirs.

Subject:- Extension of Bank Guarantee No. ______for `. ______favouring yourselves, expiring on______on account of M/s ______in respect of Contract No. ______dated ______(hereinafter called original Bank Guarantee).

At the request of M/s ______, we ______Bank, branch office at ______and having its head office at do hereby extend our liability under the above mentioned guarantee No. ______dated ______for a further period of ______years/months from ______to expire on ______. Except as provided above, all other terms and conditions of the original Bank Guarantee No. ______dated ______shall remain unaltered and binding.

Please treat this as an integral part of the original Bank Guarantee to which it would be attached.

Yours faithfully,

For ______Manager/Agent/Accountant Power of Attorney No. ______Dated ______

SEAL OF BANK Note: The non-judicial stamp paper of appropriate value shall be purchased in the name of the bank who has issued the Bank Guarantee.

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ANNEXURE-5

PROFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT HANDED OVER BY UHBVN FOR PERFORMANCE OF ITS CONTRACT

(Entire equipment consignment in one lot) (On non-judicial stamp paper of appropriate value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this ______day of ______2014-15 by ______a Company registered under the Companies Act, 1956. Partnership firm/proprietary concern having its Registered Office at ______(hereinafter called as ‘Contractor’ or “Obligatory” which expression shall include its successors and permitted assigns), favour of UTTAR HARYANA BIJLI VITRAN NIGAM LTD., Panchkula ______(hereinafter called UHBVN which expression shall include its successors and assigns).

WHEREAS UHBVN has awarded to the Contractor a Contract for ______vide its Letter of Award/Contract No. ______dated ______and its Amendment No. ______and Amendment No. ______(applicable when amendments have been issued) (hereinafter called the Contract) in terms of which UHBVN is required to hand over various Equipment to the Contractor for execution of the Contract.

And WHEREAS by virtue of Clause No. ______of the said Contract, the Contractor is required to execute an Indemnity Bond in favour of UHBVN for the equipment handed over to it by UHBVN for the purpose of performance of the Contract/Erection portion of the Contract (hereinafter called the “Equipment”).

NOW THEREFORE, this Indemnity Bond witnessed as follows:

1. That in consideration of various equipment as mentioned in the Contract, valued at `. ______(Rupees ______) handed over to the Contractor for the purpose of performance of the Contract, the Contractor hereby undertakes to indemnify and shall keep UHBVN indemnified, for the full value of the Equipment. The contractor hereby acknowledges receipt of the Equipment as per dispatch title documents handed over to the Contractor duly endorsed in their favour and detailed in the Schedule appended hereto. It is expressly understood by the Contractor that handling over of the dispatch title documents in respect of the said equipments duly endorsed by UHBVN in favour of the Contractor shall be constructed as handing over of the Equipment purported to be covered by such title documents and the Contractor shall hold such Equipment in trust as Trustee for an on behalf of UHBVN.

2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection and custody of the Equipment at UHBVN project Site against all risks whatsoever till the Equipment are duly used/erected in accordance with the terms of the Contract and the Plant/Bid duly erected and commissioned in accordance with the terms of the Contract, is taken over by the UHBVN. The Contractor undertakes to keep UHBVN harmless against any loss or damage that may be caused to the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the Equipment shall be utilized for any other work or purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the part of Contractor for all intents and purpose including legal/penal consequences.

4. That UHBVN is and shall remain the exclusive Owner of the Equipment free from all encumbrances, Page 74 of 80 charges or liens of any kind, whatsoever. The Equipment shall at all times be open to inspection and checking by Engineer-in-Charge/Engineer or other employee/agent authorized by him in this regard. Further, UHBVN shall always be free at all times to take possession of the Equipments in whatever form the Equipments may be, if in its opinion, the Equipment are likely to be endangered, mis-utilised or converted to uses other than those specified in the Contract, by any acts of omission or, commission on the part of the Contractor or any other person or on account of any reason whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of UHBVN to return the Equipment without any demur or reservation.

5. That this Indemnity Bond is irrecoverable, if at any time any loss or damage occurs to the Equipment or the same or any part thereof is mis-utilized in any manner whatsoever, then the Contractor hereby agrees that the decision of the Engineer-in-Charge/Engineer of UHBVN as to assessment of loss or damage to the Equipment shall be final and binding on the contractor. The Contractor binds itself and undertakes to replace the lost and/or damaged Equipment at its own cost and/or shall pay the amount of loss of UHBVN without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to UHBVN against the Contractor under the Contract and under this Indemnity Bond.

6. NOW THE CONDITION of the Bond is that if the Contractor shall duly and punctually comply with the terms and conditions of this Bond to the satisfaction of UHBVN THEN, the above Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through it authorized representative under the common seal of the Company, the day, month and year first above mentioned. SCHEDULE

Particulars of Quantity Particulars of Value of the Signature of the equipment dispatch the equipment Attorney in handed over documents taken of RR/GR No. receipt. Date Bill Carrier of lading

For and on behalf of M/s______

WITNESS

1. 1. Signature Signature 2. Name Name 3. Address Designation Authorized Representative

1.1. Signature 2. Name 3. Address (Common Seal) (In case of Company)

*Indemnity Bonds are to be executed by the authorized person and (i) in case of contracting company under Common Seal of the Company or (ii) having the power of attorney issue under common seal of the company with authority to execute Indemnity Bonds. (iii) in case of (ii), the original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of Attorney if it is General Power of attorney and such documents should be attached to Indemnity Bond.

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ANNEXURE-6

PROFORMA OF INDEMNITY BOND TO BE EXECUTED BY THE CONTRACTOR FOR THE EQUIPMENT HANDED OVER IN INSTALMENTS BY UHBVN FOR PERFORMANCE OF ITS CONTRACT

(On non-judicial stamp paper of appropriate value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this ______day of ______2014-15 by ______a Company registered under the Companies Act, 1956. Partnership firm/proprietary concern having its Registered Office at ______(hereinafter called as ‘Contractor’ or “Obligatory” which expression shall include its successors and permitted assigns), favour of UTTAR HARYANA BIJLI VITRAN NIGAM LTD., Panchkula ______(hereinafter called UHBVN which expression shall include its successors and assigns).

WHEREAS UHBVN has awarded to the Contractor a Contract for ______vide its Letter of Award/Contract No. ______dated ______and its (hereinafter called the Contract) in terms of which UHBVN is required to hand over various Equipment to the Contractor for execution of the Contract.

And WHEREAS by virtue of Clause No. ______of the said Contract, the Contractor is required to execute an Indemnity Bond in favour of UHBVN for the equipment handed over to it by UHBVN for the purpose of performance of the Contract/Erection portion of the Contract (hereinafter called the “Equipment”).

NOW THEREFORE, this Indemnity Bond witnessed as follows: 1. That in consideration of various equipment as mentioned in the Contract, valued at `. ______(Rupees ______) handed over to the Contractor in installments from time to time for the purpose of performance of the Contract, the Contractor hereby undertakes to indemnify and shall keep UHBVN indemnified, for the full value of the Equipment. The contractor hereby acknowledges receipt of the initial installment of the Equipment per details in the schedule appended hereto. Further the contractor agrees to acknowledge receipt of the subsequent installments of the equipment as required by UHBVN in the form of schedules consecutively numbered which shall be attached to this Indemnity Bond so as to form integral parts of this Bond. It is expressly understood by the Contractor and handing over of the dispatch title documents in respect of the said Equipments duly endorsed by UHBVN in favour of the Contractor shall be constructed as handing over of the Equipment purported to be covered by such title documents and the Contractor shall hold such Equipment in trust as Trustee for an on behalf of UHBVN. 2. That the Contractor is obliged and shall remain absolutely responsible for the safe transit/protection and custody of the Equipment at UHBVN project Site against all risks whatsoever till the Equipment are duly used/erected in accordance with the terms of the Contract and the Plant/Bidduly erected and commissioned in accordance with the terms of the Contract, is taken over by the UHBVN. The Contractor undertakes to keep UHBVN harmless against any loss or damage that may be caused to the Equipment.

3. The Contractor undertakes that the Equipment shall be used exclusively for the performance/execution of the Contract strictly in accordance with its terms and conditions and no part of the Equipment shall be utilized for any other work or purpose whatsoever. It is clearly understood by the Contractor that non-observance of the obligations under this Indemnity Bond by the Contractor shall inter-alia constitute a criminal breach of trust on the part of Contractor for all intents and purpose including legal/penal consequences.

4. That UHBVN is and shall remain the exclusively Owner of the Equipment free from all encumbrances, charges or liens of any kind, whatsoever. The Equipment shall at all times be open to inspection and checking by Engineer-in-Charge/Engineer or other employee/agent authorised by him in this regard. Further, UHBVN shall always be free at all times to take possession of the Equipments in whatever form the Equipments may be, if in its opinion, the Equipment are likely to be endangered, mis-utilised or converted to uses other than those specified in the Contract, by any acts Page 76 of 80

of omission or, commission on the part of the Contractor or any other person or on account of any reason whatsoever and the Contractor binds himself and undertakes to comply with the directions of demand of UHBVN to return the Equipment without any demur or reservation.

5. That this Indemnity Bond is irrevocable, if at any time any loss or damage occurs to the Equipment or the same or any part thereof is mis-utilized in any manner whatsoever, then the Contractor hereby agrees that the decision of the Engineer-in-Charge/Engineer of UHBVN as to assessment of loss or damage to the Equipment shall be final and binding on the contractor. The Contractor binds itself and undertakes to replace the lost and/or damaged Equipment at its own cost and/or shall pay the amount of loss of UHBVN without any demur, reservation or protest. This is without prejudice to any other right or remedy that may be available to UHBVN against the Contractor under the Contract and under this Indemnity Bond.

6. NOW THE CONDITION of the Bond is that if the Contractor shall duly and punctually comply with the terms and conditions of this Bond to the satisfaction of UHBVN THEN, the above Bond shall be void, but otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the Contractor has hereunto set its hand through it authorised representative under the common seal of the Company, the day, month and year first above mentioned.

SCHEDULE

Particulars of Quantity Particulars of Value of the Signature of the equipment dispatch the equipment Attorney in handed over documents RR/GR taken of No. Date Bill receipt. Carrier of lading

For and on behalf of M/s______

WITNESS

1. 1. Signature Signature 2. Name Name 3.Address Designation Authorized Representative

1. 1. Signature 2.Name 3.Address

(Common Seal) (In case of Company)

* Indemnity Bonds are to be executed by the authorized person and (i) in case of contracting company under Common Seal of the Company or (ii) having the power of attorney issue under common seal of the company with authority to execute Indemnity Bonds. (iii) in case of (ii), the original Power of Attorney if it is specifically for this Contract or a Photostat copy of the Power of Attorney if it is General Power of attorney and such documents should be attached to Indemnity Bond.

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Schedule-I

11 kV Lines / Works - Percent Price Proposal

Bidder’s Name & Address

To

The Superintending Engineer/OP, UHBVN, Rajiv Gandhi, Vidyut Sadan, Pehowa Chowk, Kaithal-136027

Dear Sir,

We declare that the following the lump-sum percent price for the unit rate of each item as mentioned in Annexure-I

Total percent price for supply of equipment / material, erection charges including testing

and commissioning all equipments, supply and erection charges including all taxes

duties, levies freight & insurance for Distribution transformers, energy meters,11 kv

Lines & LT Works material against BID No.- 62/SEOPKTL/2014-15.

Single percentage unit Supply, Erection, testing, commissioning rates(+%) including Sales Tax, ED, WCT, Labour Cess, & all other taxes/levies/duties as per sale / labour laws

Signature______

Printed Name______

Designation______

Common Seal______

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SECTION –V

TECHNICAL SPECIFICATION OF MATERIAL

Sr. No. Description Page No. 1 Technical specification of PCC Pole 11 M long (WL-400Kg) 83 - 90 2 Technical specification of PCC Pole 8 & 9 M long (WL-200Kg) 91 - 99 3 Technical specification of V – Shape X – Arms MS Channel. 100 - 103 4 Technical specification of LT single core, 3 ½ core, and four core PVC insulated unarmored cable of various sizes. 104 – 109

5 Technical specification of hard drawn stranded steel cored aluminum conductors (20,30 & 50mm2). 110 – 118

6 Technical specification of hard drawn stranded steel cored aluminum conductors (80,100 & 130mm2). 119 – 130

7 Technical specification of G.I Wire 131 – 136 8 Technical specification of black Hexagonal M.S Nut & Bolts. 137 – 140 9 Technical specification of 9 KV Lightning Arrestor (10KA). 141 – 151 10 Technical specification of GSS Wire of 7/8 SWG (4MM). 152 – 155 11 Technical specification of Whole Current A.C. Three phase Four wire L.T Static Energy Meters of accuracy class 1.0 (10 – 60A) with communication 156 – 178 facility.

12 Technical specification of Porcelain Insulators & Insulators Fittings for 11KV Overhead Power Lines. 179 – 189

13 Technical specification of Composite Insulators for 33/11KV works. 190 – 202

14 Technical specification of 11 KV 400 A G.O. Switches. 203 – 211 15 Technical specification of Fiber Glass cross arms (FRP) for 11KV Lines. 212 – 219

16 Technical specification of Outdoor types Distribution Transformers of 11KV/433-250V Class upto and including 100KVA i.e. (25KVA to 100KVA) 220 – 245 with CSP (completely self protected). 17 Technical specification of Barbed Wire. 246 - 250

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Bill of Material for release of T/Well Connection (41 Nos.) under 'OP' Divn Pundri Sr. no. Description of Material Unit Qty. Unit Amount (Supply) P-I P-II DND RJD Total Cost of material 13 13 8 No. 7 No. 41 No. (in RS) No. No. PCC pole 9 mtr long 1 No. 25 27 19 16 87 2530 220110.00 200kg 2 V Shape X-Arm No. 0 1 3 0 4 514.05 2056.20 11 KV Pin insulator With 3 No. 24 81 39 0 144 103.5 14904.00 Pin 4 11 KV Top Brackets No. 0 1 3 0 4 90.85 363.40 5 Back Clamps No. 32 109 55 0 196 89.7 17581.20 GSL no-8 SWG for earth 6 Kg 52 179 109 0 340 67.39 22912.60 wire 7 Disc insulator No. 18 63 45 0 126 209.3 26371.80 8 Disc Fitting T&C Type No. 12 42 30 0 84 97.75 8211.00 Stay set 8' complete with 9 No. 24 21 19 14 78 844.1 65839.80 X plate 10 Full Clamps No. 34 110 42 0 186 142.6 26523.60 11 ACSR Conductor 50mm2 Mtr 3880 2190 2830 2980 11880 31.6825 376388.10 12 Stay wire 7/8 SWG Kg 240 210 190 140 780 71.4035 55694.73 13 Danger plate with clamp No. 4 15 11 0 30 75.9 2277.00 14 Barbed wire Kg 16 54 26 0 96 57.5 5520.00 15 PG Clamps No. 0 6 18 0 24 46 1104.00 16 MS Channel for T-off No. 4 13 5 0 22 729.1 16040.20 MS Angle iron 50x50x6 17 2400mm2 for earthing No. 8 26 10 0 44 610.65 26868.60 wire 18 MS Nut & Bolts off sizes Kg 113 200 104 46 463 64.4 29817.20 19 Earthig Road No. 8 27 13 0 48 377.2 18105.60 20 Eye Bolts No. 4 15 13 0 32 31.05 993.60 21 Transformer Platform No. 4 13 5 0 22 3599.5 79189.00 GO Switch complete with 22 No. 4 13 5 0 22 5980 131560.00 pipe & Handle HT fuse unit with 6 nos 23 No. 0 0 0 0 0 2070 0.00 Pin Insulators & Pins LT fuse unit with 6 no. LT 24 No. 4 13 5 0 22 920 20240.00 insulator MS Channel 100x50x6- 25 No. 8 26 10 0 44 1002.8 44123.20 2200 mm 9 KV Lighting Arrestors 26 Set 4 13 5 0 22 1449 31878.00 (Set of three) 27 LT insulator No. 88 0 24 76 188 11.5 2162.00 28 MS D-Stap No. 88 0 24 76 188 75.9 14269.20 29 Egg Type insulator No. 18 0 4 14 36 11.5 414.00 30 50mm2 4/c Cable Mtr 40 10 50 30 130 48.3 6279.00 31 16mm2 4/c Cable Mtr 0 0 0 0 0 64.8025 0.00 32 25mm2 4/c Cable Mtr 260 260 160 140 820 91.8735 75336.27 33 25 KVA No. 0 0 0 0 0 0 0.00 34 63 KVA No. 0 0 0 0 0 0 0.00 35 100 KVA No. 0 0 0 0 0 0 0.00 36 Whole Current meter No. 13 13 8 7 41 2231 91471.00 Total 1434604.30 Erection Charges 181275.10 G.Total 1615879.40

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