GAIL (India) Limited MECON LIMITED
GAIL (India) Limited MECON LIMITED GAIL (India) Limited MECON LIMITED
If the CONTRACTOR is an individual or a proprietary concernand the individual or the proprietor dies or if the CONTRACTORis a partnership concern and one of the partner dies thenunless, the EMPLOYER is satisfied that the legal representativeof the individual or the proprietory concern or the survivingpartners are capable of carrying out and completingCONTRACT, he (the EMPLOYER)is entitled to cancel theCONTRACT for the uncompleted part without being in any wayliable for any compensation payment to the estate of thediseased CONTRACTOR and/or to the surviving partners of theCONTRACTOR'S firm on account of the cancellation ofCONTRACT. The decision of the EMPLOYER in suchassessment shall be final and binding on the parties. In theevent of such cancellation, the EMPLOYER shall not hold theestate of the diseased CONTRACTOR and/or the survivingpartners of the CONTRACTOR'S firm liable for any damages fornon-completion of CONTRACT.32(B) TERMINATION OF CONTRACT IN CASE OF LIQUIDATION /BANKRUPTCY ETC.If the Contractor shall dissolve or become bankrupt orinsolvent or cause or suffer any receiver to be appointed of hisbusiness of any assets thereof compound with his Creditors, orbeing a corporation commence to be wound up, not being amember’s voluntary winding up for the purpose ofamalgamation or reconstruction, or carry on its business undera Receiver for the benefits of its Creditors any of them,EMPLOYER shall be at liberty :-To terminate the contract forthwith upon coming to know of thehappening of any such event as aforesaid by notice in writing tothe Contractor or to give the Receiver or liquidator or otherperson, the option of carrying out the contract subject to hisproviding a guarantee upto an amount to be agreed upon byEMPLOYER for due and faithful performance of the contract.32 (C) In case of termination of CONTRACT herein set forth (underclause 29.0) except under conditions of Force Majeure andtermination after expiry of contract, the CONTRACTOR shall beput under holiday [i.e. neither any enquiry will be issued to theparty by GAIL (India) Ltd. against any type of tender nor theiroffer will be considered by GAIL against any ongoing tender (s)where contract between GAIL and that particularCONTRACTOR (as a bidder) has not been finalized] for threeyears from the date of termination by GAIL (India) Ltd. to suchCONTRACTOR.33 Members of the employernot individually liable :33.1 No Director, or official or employee of the EMPLOYER/CONSULTANT shall in any way be personally bound or liable forthe acts or obligations of the EMPLOYER under the CONTRACTor answerable for any default or omission in the observance orperformance of any of the acts, matters or things which areherein contained.34 Employer not bound bypersonalrepresentations:34.1 The CONTRACTOR shall not be entitled to any increase on thescheduled rates or any other right or claim whatsoever by reasonof any representation, explanation statement or allegedrepresentation, promise or guarantees given or alleged to have
een given to him by any person.35 Contractor's office atsite:35.1 The CONTRACTOR shall provide and maintain an office at thesite for the accommodation of his agent and staff and such officeshall be open at all reasonable hours to receive instructions,notice or other communications. The CONTRACTOR at all timeshall maintain a site instruction book and compliance of theseshall be communicated to the ENGINEER-IN CHARGE from timeto time and the whole document to be preserved and handedover after completion of works.36 Contractor's subordinatestaff and their conduct36.1 The CONTRACTOR, on or after award of the WORK shall nameand depute a qualified engineer having sufficient experience incarrying out work of similar nature, to whom the equipments,materials, if any, shall be issued and instructions for works given.The CONTRACTOR shall also provide to the satisfaction of theENGINEER-IN- CHARGE sufficient and qualified staff tosuperintend the execution of the WORK, competent sub-agents,foremen and leading hands including those specially qualified byprevious experience to supervise the types of works comprised inthe CONTRACT in such manner as will ensure work of the bestquality, expeditious working. Whenever in the opinion of theENGINEER-IN- CHARGE additional properly qualifiedsupervisory staff is considered necessary, they shall beemployed by the CONTRACTOR without additional charge onaccounts thereof. The CONTRACTOR shall ensure to thesatisfaction of the ENGINEER-IN-CHARGE that SUB-CONTRACTORS, if any, shall provide competent and efficientsupervision, over the work entrusted to them.36.2 If and whenever any of the CONTRACTOR's or SUB-CONTRACTOR'S agents, sub-agents, assistants, foremen, orother employees shall in the opinion of ENGINEER-IN- CHARGEbe guilty of any misconduct or be incompetent or insufficientlyqualified or negligent in the performance of their duties of that inthe opinion of the EMPLOYER or the ENGINEER-IN-CHARGE, itis undesirable for administrative or any other reason for suchperson or persons to be employed in the works, theCONTRACTOR, is so directed by the ENGINEER-IN-CHARGE,shall at once remove such person or persons from employmentthereon. Any person or persons so removed from the works shallnot again be employed in connection with the WORKS withoutthe written permission of the ENGINEER-IN- CHARGE. Anyperson so removed from the WORK shall be immediatelyre-placed at the expense of the CONTRACTOR by a qualifiedand competent substitute. Should the CONTRACTOR berequested to repatriate any person removed from the works heshall do so and shall bear all costs in connection herewith.36.3 The CONTRACTOR shall be responsible for the properbehaviour of all the staff, foremen, workmen, and others, andshall exercise a proper degree of control over them and inparticular and without prejudice to the said generality, theCONTRACTOR shall be bound to prohibit and prevent anyemployees from trespassing or acting in any way detrimental orprejudicial to the interest of the community or of the properties oroccupiers of land and properties in the neighborhood and in theevent of such employee so trespassing, the CONTRACTOR shall
- Page 63 and 64: F-5LETTER OF AUTHORITYPROFORMA FOR
- Page 65 and 66: F-7CERTIFICATEGAIL India Limited,De
- Page 67 and 68: F-9PRESENT COMMITMENTS OF THE BIDDE
- Page 69 and 70: Sheet 2 of 24. The guarantee herein
- Page 71 and 72: F-12CONSTRUCTION SCHEDULE WITH BAR
- Page 73 and 74: F-14CONFIRMATION REGARDING SCHEDULE
- Page 75 and 76: COMMERCIAL QUESTIONNAIRE{Annexure -
- Page 77 and 78: Sl.MECON’s QueryNo.8. Confirm tha
- Page 79 and 80: CHECK LIST{Annexure - IV to Instruc
- Page 81 and 82: (A.3) CHECK LISTThis check list dul
- Page 83 and 84: (B.12) Confirmation regarding accep
- Page 85 and 86: (E)CONFIRM THE FOLLOWING REGARDING
- Page 87 and 88: GENERAL CONDITIONS OF CONTRACTFORPR
- Page 89 and 90: SECTION-IV (GENERAL OBLIGATIONS)21.
- Page 91 and 92: equipment, materials, labour etc.iv
- Page 93 and 94: General Conditions of ContractSecti
- Page 95 and 96: 1.1.21 "SITE" shall mean the lands
- Page 97 and 98: deducted from the running account b
- Page 99 and 100: allocated to them on the project si
- Page 101 and 102: taken as correct.c) When it is not
- Page 103 and 104: tenders received without assigning
- Page 105 and 106: 17 Award of Contract: 17.1 The Acce
- Page 107 and 108: herein and CODES referred to. Where
- Page 109 and 110: the award and the forfeiture of bid
- Page 111 and 112: The decision of the ENGINEER-IN-CHA
- Page 113: or any other person or persons, or
- Page 117 and 118: such sub-letting or Subcontracting
- Page 119 and 120: the CONTRACTOR before starting-up t
- Page 121 and 122: y CONTRACTOR pursuant to the provis
- Page 123 and 124: liability of contractor:EMPLOYER, n
- Page 125 and 126: orne by the CONTRACTOR and the EMPL
- Page 127 and 128: above shall, however, not apply for
- Page 129 and 130: 63 Setting out works: 63.1 The ENGI
- Page 131 and 132: of WORK at his own cost. The materi
- Page 133 and 134: EMPLOYER's property and will be dis
- Page 135 and 136: CONTRACTOR shall be liable to pay c
- Page 137 and 138: ) As soon as reasonably practicable
- Page 139 and 140: CONTRACTOR to perform any acts, mat
- Page 141 and 142: v) SCHEDULE OF RATES TO COVER TAXES
- Page 143 and 144: CONTRACT, or any part thereof, in t
- Page 145 and 146: labour and staff colonies are clear
- Page 147 and 148: and duties (E.D. and S.T.) beyond t
- Page 149 and 150: CONTRACTOR shall require the SUB-CO
- Page 151 and 152: EMPLOYER or of a third party during
- Page 153 and 154: CONTRACTOR shall also be liable for
- Page 155 and 156: 107.2 FOR THE SETTLEMENT OF DISPUTE
- Page 157 and 158: platform of such scaffolding or sta
- Page 159 and 160: 2) Suitable facemasks should be sup
- Page 161 and 162: 119 Precautions against fire: 119.1
- Page 163 and 164: PROFORMA OF INDEMNITY BOND FOR SUPP
een given to him by any person.35 Contractor's office atsite:35.1 The CONTRACTOR shall provide and maintain an office at thesite for the accommodation of his agent and staff and such officeshall be open at all reasonable hours to receive instructions,notice or other communications. The CONTRACTOR at all timeshall maintain a site instruction book and compliance of theseshall be communicated to the ENGINEER-IN CHARGE from timeto time and the whole document to be preserved and handedover after completion of works.36 Contractor's subordinatestaff and their conduct36.1 The CONTRACTOR, on or after award of the WORK shall nameand depute a qualified engineer having sufficient experience incarrying out work of similar nature, to whom the equipments,materials, if any, shall be issued and instructions for works given.The CONTRACTOR shall also provide to the satisfaction of theENGINEER-IN- CHARGE sufficient and qualified staff tosuperintend the execution of the WORK, competent sub-agents,foremen and leading hands including those specially qualified byprevious experience to supervise the types of works comprised inthe CONTRACT in such manner as will ensure work of the bestquality, expeditious working. Whenever in the opinion of theENGINEER-IN- CHARGE additional properly qualifiedsupervisory staff is considered necessary, they shall beemployed by the CONTRACTOR without additional charge onaccounts thereof. The CONTRACTOR shall ensure to thesatisfaction of the ENGINEER-IN-CHARGE that SUB-CONTRACTORS, if any, shall provide competent and efficientsupervision, over the work entrusted to them.36.2 If and whenever any of the CONTRACTOR's or SUB-CONTRACTOR'S agents, sub-agents, assistants, foremen, orother employees shall in the opinion of ENGINEER-IN- CHARGEbe guilty of any misconduct or be incompetent or insufficientlyqualified or negligent in the performance of their duties of that inthe opinion of the EMPLOYER or the ENGINEER-IN-CHARGE, itis undesirable for administrative or any other reason for suchperson or persons to be employed in the works, theCONTRACTOR, is so directed by the ENGINEER-IN-CHARGE,shall at once remove such person or persons from employmentthereon. Any person or persons so removed from the works shallnot again be employed in connection with the WORKS withoutthe written permission of the ENGINEER-IN- CHARGE. Anyperson so removed from the WORK shall be immediatelyre-placed at the expense of the CONTRACTOR by a qualifiedand competent substitute. Should the CONTRACTOR berequested to repatriate any person removed from the works heshall do so and shall bear all costs in connection herewith.36.3 The CONTRACTOR shall be responsible for the properbehaviour of all the staff, foremen, workmen, and others, andshall exercise a proper degree of control over them and inparticular and without prejudice to the said generality, theCONTRACTOR shall be bound to prohibit and prevent anyemployees from trespassing or acting in any way detrimental orprejudicial to the interest of the community or of the properties oroccupiers of land and properties in the neighborhood and in theevent of such employee so trespassing, the CONTRACTOR shall
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