WORK ORDER

Ref.: ICIECPL/Foundation/KNP/14-15/WO-001

Dated: 03.01.2015

M/s. ANKIT CONSTRUCTION

Vill.-Bhojpur Nigoh, P.o.- Mighauli
Kannauj, U.P.
Sub:

765 kV SC (Quad Bersimis ACSR) Transmission Line (Mainpuri - Unnao) Package - 3 of UP

BOOT Transmission Project- Work Order for Foundation Works.

Dear Sir,
With reference to our discussions on the above matter, we (hereinafter Employer) are pleased to
issue this Work Order to M/s ANKIT CONSTRUCTION (hereinafter Contractor) for construction of
tower foundations associated with erection of 765 kV SC (Quad Bersimis ACSR) Transmission Line
(Mainpuri- Unnao) Package-3 in Uttar Pradesh (hereinafter Works) subject to terms and conditions
as furnished below:
1.

SCOPE OF WORK
The scope of work shall include though not limited to, excavation in all types of soils & rocks
shoring, shuttering, dewatering & fixing of templates & formwork; placing and binding of
reinforcement steel; stub-setting & concreting; removal of formwork & back filling of the
foundation after concreting with excavated/ borrowed earth (irrespective of lead) and
consolidation of earth; carriage of surplus earth to suitable points of disposal as required by us
or the client; curing of the location for the recommended period; and all labour, transportation/
inter-carting and material as stated below for completion of the foundation work.

2.

WORK SPECIFICATION
We presume you have read in detail the applicable technical specification (attached as
Appendix-III) for foundation work for the cited project, which shall be binding on you. The
foundation work is to be carried out to the complete satisfaction of ours, and the clients
supervising engineers and site representatives. Except with the written approval of our client, no
deviations from the technical Specification shall be permitted.

3.

SCHEDULE OF QUANTITIES
The actual quantum of work and the locations where you would be required to carry out the
foundation work will be decided by our Project Managers posted at Mainpuri / Kanpur field office.
You shall maintain regular contact with our site representatives for the above; as well as
for day-to-day coordination to ensure timely availability of location marking & foundation
classification, allotment of cement and reinforcement steel, and to adhere to the stipulated
quality tests & norms for this activity. Due to the extrigencies of our contract and for completion
of this project in time, it is expressly understood that you will not be the only contractor for this
foundation activity, and we are at liberty to engage as many additional agencies for our
requirement which shall be at our sole discretion.

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

4.

TIME SCHEDULE, QUALITY & CONDUCT

Time and work quality being the essence of this work order, you shall strictly abide by the
schedule of work given to you from time to time and depute/ arrange adequate quality
manpower, material & equipment resources consistent with the work volumes and schedules
assigned to you. Both you and your site staff & workmen shall maintain proper work ethics and
conduct to ensure smooth/ unobstructed functioning of all site activities, and a good working
relationship with ours and the clients engineers and site representatives. In case you unable to
achieve the targets assigned to you for any of the above reasons or for poor conduct, we shall
be at liberty to terminate this work order, and engage alternative agencies to carry out the work
left incomplete by you, and to recover the cost from any of the revenue due to you.

5.

WORK TO BE DONE / MATERIAL TO BE SUPPLIED BY EMPLOYER

5.1

We shall arrange to carry out check survey and provide required peg marks for each location
where you will be required to carry out foundation work. In this regard you shall depute your
responsible representative to accompany our survey party to note the peg mark, record the
tower type and foundation classification to avoid delays. However confirmation is to be sort from
our field supervision staff.

5.2

Required quantity of cement and reinforcement steel duly fabricated as per the requirement of
the classified foundation design shall be issued to your authorized representative from our
nearest store. Receipts given by your authorized representative will be valid for all accounting
purposes. No wastage will be allowed over actual consumption as per the design drawings and
specifications. Empty cement bags need not be returned.

5.3

Form Boxes, props/templates for stub setting will be issued as per requirement which would be
determined by our site representative. Tools if available which are issued to you on request, shall
be returned to our store in proper working condition allowing normal wear & tear. In case of any
willful breakage/ damage, rough use, or loss due to thefts, the present cost for replacement plus
15% shall be recovered in full from your bills.

5.4

Required quantity of stubs, cleats, bolts nuts and washers shall be issued to your authorized
representative at our stores. No wastage will be allowed for stubs and cleats under any
circumstances. A maximum of 0,25% (quarter Percent) wastage on bolts, nuts and washers may
be considered at the sole discretion of our site manager depending upon the work environment.

5.5

Drawings and specifications for the work

6.

WORK TO BE DONE AND SUPPLIES TO BE MADE BY CONTRACTOR

6.1

Except for work elements and material specified in clause 5 above, all other work (as defined in
clause-1 above) and supply of bulk material like metal (stone ballast) sand, water, consumables
etc, required for completion of any foundation is to arranged by you, though not limited to the
following, and in accordance with Technical Specifications (attached as Appendix III) and Safety
Provisions (attached as Appendix IV) to this Work Order.

6.2

Marking the pits for excavation as per the pit marking dimensions to be provided by our field
office depending on the type of tower and foundation. In this regard the classification of
foundation type shall be only as directed by our representative at site and there will be no
dispute on this aspect under any circumstances.

6.3

Supply of metal and sand form client approved sources only and also transportation of all
required materials from our stores to the specific foundation locations assigned to you.

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

6.4

Clearing the work site and restoring the same to its original condition by removing all surplus
sand, aggregate, concrete etc. such that the land owner will not be required to spend any money
for putting his land back to use after the foundation work over.

6.5

Employ skilled and efficient staff and workmen for carrying out the work assigned to you. You
shall mobilize adequate resources like vehicles, concrete mixer, vibrators, water pumps etc. as
may be required. It is expressly understood that the unit rates hereinafter specified includes all
aspects of the work and no additional claim on any account whatsoever will be entertained.

6.6

Reconciliation of steel and cement issued to you. It is specially understood that no wastage is
allowed for cement and steel over the actual consumptions as per drawings. In case you are not
able to account for the cement and steel issued to you , the cost same will be recovered from
your bills at the prevailing market rate or purchased price, whatever is higher, plus 15% for
handling and storage charges.

6.7

You will extend all possible cooperation for resolving way leave problems and temporary
obstruction by villagers/landowners. The rates being offered have been arrived at by taking into
account possibility of some idling due to such problems. Compensation to landowners/villagers
etc. for crop damage however shall be arranged by us.

7.

PRICE SCHEDULE
Total value of this work order is INR. 28,49,679.00 (Indian Rupees Twenty Eight Lacs Forty
Nine Thousand Six Hundred Seventy Nine Only) excluding VAT/CST & Service Tax, as
specified in Appendix-I attached herewith. These rates shall cover all your costs and expense as
listed above in the scope of work, and all payments shall be made to you as per the unit rates
mentioned in Appendix - I. Further, these rates will be applicable to whatever are the actual
certified volumes/ nos for the foundations executed and shall remain fixed and firm for the entire
duration of project.

8.

TAXES & DUTIES

All payments shall be made after deduction of all statutory deductions (including TDS, WCT,
Labour cess etc wherever applicable), in comply with the prevailing tax laws. Against these
deductions, the statutory certificates for TDS/WCT shall be provided by the employer to the
contractor. Reimbursement of VAT/CST & Service tax incurred by the Contractor on the
execution of this work order shall be paid on submission of documentary evidence of tax
payment challan along with the debit note / invoice by the Contractor.

9.

TERMS OF PAYMENT :

9.1

There will be no advance payment

9.2

90% payment against your monthly progress bills calculated at the unit rates specified in
Appendix-I shall be released within 15 days of submission of your bills. Payments shall be made
only for the locations for which the Joint Measurement Certificate. (JMC) has been issued by the
Employer. For this purpose you shall render all possible assistance to our field staff.

9.3

Balance 10% payment will be held as retention & shall be released to you at the end, on
completion of all the work allotted to you; submission of your final bill & fulfillment of all your
contractual obligations under this work order; reconciliation of all material issued to you; and
receipt of a No Claim Certificate from you.

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

The above payments shall be released to you subject to your timely compliance with all statutory
requirements & submission of Tax invoice, though not limited to, as listed in Appendix-11 General terms and conditions. Further, statutory deductions like Income-Tax etc, shall be made
by us from your bills as per the Government guidelines in vogue.
Notwithstanding the sub-activity rates specified in Appendix-I, it is expressly understood and
clarified that payment will be made only for completed foundations. No part payment or ad-hoc
payment will be made under any circumstances.
10.

DEFECTS LAIBILITY PERIOD:

There shall be defects liability period of twelve (12) months from the date of taking over of
Works. Any defect noticed during defects liability period shall be rectified by the Contractor
without any extra cost and in case Contractor fails to execute its obligation, Employer shall
execute work and deduct costs incurred from Contractor.

11.

LIQUIDATED DAMAGES:
If the Contractor fails to achieve completion date in accordance with Completion Schedule for
the whole of the Works, (or a part for which a separate time schedule is agreed) then the
Contractor shall pay to the Employer a sum equivalent to half percent (0.5%) of the Contract
Price of not completed Works as liquidated damages for such default and not as a penalty,
without prejudice to the Employers other remedies under the Contract, for each week or part
thereof of delay until actual delivery or performance subject to the limit of ten percent (10%) of
Contract Price. The Employer may, without prejudice to any other method of recovery, deduct
the amount of such damages from any monies due or to become due to the Contractor. The
payment or deduction of such damages shall not relieve the Contractor from his obligation to
complete the Works, or from any other of his obligations and liabilities under the Contract.

12.

STATUTORY OBLIGATIONS & REQUIREMENTS:

12.1

As per statutory provisions, deductions shall be made on account of Income Tax/ Works Contract
Tax and other statutory deductions etc. from the Contractors bills as applicable and nothing
extra shall be payable on this account.

12.2

The Contractor shall abide by all applicable Central, State and/or local labour laws with respect
to all the labour/ manpower engaged for this work. In the event of any liability on the Employer,
by virtue of its being the Principal Employer, due to the Contractors failure to comply with
applicable Central, State and/or local laws , the Contractor shall indemnify and reimburse the
amount payable by the Employer and its directors, employees, representatives, consultants,
agents and other third parties on this account.

12.3.

The Contractor must submit to the Employer evidence towards deposit of the following
charges/Levies/cess etc by whatever name called, in the form of self attested (duly
acknowledged) copies of the Pay-in slips/challans for respective period, to the relevant
authorities as under:

i)

Welfare Cess, deposited with cess collector, as per Section 3 of the Building and other
Construction Workers Welfare Act, 1996.

ii)

PF and pension out of PF contributions payable as per Section 6 and Section 6A of The
Employees Provident Funds and Miscellaneous Provisions Act, 1952.

iii)

Contribution towards the ESIC, payable under Employees State Insurance Act, 1948.

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

13.

CO-ORDINATION WITH OTHER AGENCIES:

The Contractor shall co-ordinate with other agencies to create work front for the scope of the
Works and to achieve completion by due date stipulated in the Contract. No coordination
charges will be paid to the Contractor for co-ordination with other agency(ies) appointed by the
Employer.

14.

EXISTING FACILITIES:
The Contractor shall ensure while working that no damages are done to other facilities or
property at the Project site or otherwise, and will make all necessary provisions to protect the
same while executing the Works at the Project site and if required, proper screening of Project
site will be done so that other neighborhood buildings/ facilities are not disturbed.

15.

UTILITIES:
The procurement of electricity and water for the Works shall be the responsibility of the
Contractor. In the event that the Employer provides electricity and/or water to the Contractor, the
same shall be on chargeable basis at one point. The Contractor shall provide adequate lighting
at all Work fronts and / or localised zones. Providing of lighting to access routes to such Work
fronts / localised zones from a safety point of view shall be the absolute responsibility of the
Contractor.
Temporary lighting, electricity and supply installation, fittings and like shall be installed in strict
accordance with the appropriate Indian Standards and Electricity Act. In the event that the
Contractor uses DG Set, the Contractor shall at all times comply with applicable environmental
and safety laws of the Central Government, State Government and/or local authorities, as may
be applicable.

16.

HOUSE-KEEPING:
The Contractor shall clear the area of work of all the debris, muck, mud etc. generated during
the course of the Works and keep the Project site clean and tidy. The debris should be cleaned
on a regular basis and disposed off to a suitable location identified by the Contractor at its own
cost.

17.

SAFETY MEASURES:
Safety is of prime importance for Works of this nature. The Contractor shall follow strict safety
guidelines (attached as Appendix IV) and shall adopt all necessary safety measures for the due
execution of the Works as per the safety guidelines at the Project site as may be provided to the
Contractor from time to time by the Project Head and/or the Employer.

18.

SPECIFICATIONS:
The entire Works shall confirm strictly to as per relevant specification issued by the Employer
and as per instruction of the Project Head.

19.

JURISDICTION:
The Court in Gurgaon alone shall have the sole and exclusive jurisdiction in respect of any
matter arising under or in connection with or relating to this Contract referred to the Courts for

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

adjudication with reference to the arbitration agreement or any other matter arising thereof. No
other court shall have jurisdiction in any litigation arising between the Parties.
20.

AMENDMENT ETC.:
No modification, alteration or amendment of this Contract or any of its terms or provisions shall
be valid or legally binding on the parties unless made in writing duly executed by or on behalf of
both the parties hereto.

21.

TERMINATION

21.1.

Termination for convenience:

The Employer shall have the right to terminate this Work Order at any time after giving Fifteen
(15) days written notice to the Contractor in case the Employer decides to terminate Work Order
due non availability of work front or due to any other reason. This termination shall be without
responsibility or liability to pay any compensation to the Contractor other than, the Contractors
entitlement to be paid the Contract Value only for the Works actually completed up to the date of
notification for termination.

21.2.

Termination due to default of the Contractor:

The Employer shall have the right to terminate this Work Order, without prejudice to any other
right or remedy, on the occurrence of any of the default events listed below by giving the
Contractor fifteen (15) days notice thereof:

(i)

If the Contractor is adjudged bankrupt or becomes subject to voluntary or involuntary

proceedings under any bankruptcy or insolvency law or the Contractor makes a general
assignment for the benefit of its creditors, or if a receiver is appointed on account of the
Contractors insolvency/bankruptcy; or

(ii)

If the Contractor persistently or repeatedly refuses to carry out the Works diligently;

(iii)

If the Contractor fails to provide requisite manpower for completion of the Works;

(iv)

If the Contractor causes undue delay in the completion of the Works; or

(v)

If the Contractor contravenes or breaches any provision of this Contract

The Contractor shall be entitled to be paid for the Works actually completed by it till the date of
notification for termination. The Employer shall have the right to make use of all or any
Equipments of the Contractor for completion of the Works. The Employer shall be entitled to
appoint a new contractor or contractors to complete the Works and the Contractor shall in such
case lose and forfeit all his interest whatsoever under this Work Order except his claim for
Contract Value only up to the extent of Works completed by the Contractor.
However, all the other obligations undertaken by the parties hereto prior to such termination shall
survive.

22.

GOVERNING LAW:
This Contract shall be governed and construed in accordance with the Laws of India.

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

23.

ARBITRATION:
In case of any dispute, both the parties shall try to resolve the dispute by mutual discussions, but
in the event, same is not resolved, the matter shall be resolved by sole arbitrator appointed by
Employer. Arbitration proceeding shall be conducted as per Arbitration and Conciliation Act,
1996. The venue of the Arbitration shall be Gurgaon (Haryana).

24.

INDEMNIFICATION:
The Contractor shall indemnify and hold harmless the Employer and its employees and officers
from and against any and all suits, actions or administrative proceedings, claims, demands,
losses, damages, costs, and expenses of whatsoever nature, including attorneys fees and
expenses, which the Employer may suffer as a result of any action of Contractor in relation to
the execution of this Work Order. Any information provided by Employer shall be for information
only and Contractor shall verify such information. Contractor shall not be liable for any
compensation due to inaccuracy of information provided by Employer.
Please sign and stamp the duplicate copy of this work order as your unconditional acceptance of
all the terms of this contract, and return the same to us within Seven days from the date
issuance of Work Order.

Thanking you,

Yours faithfully,
For Isolux Corsan India Engineering & Construction Pvt. Ltd.

Akhilesh Kumar Bharti

Site Project Head

Alberto Olivas Avello

Manager Administration

Jose Enrique Myro Borrero

CGM

Ramiro Jose Diez Lopez

Director T&D

Pranab Kumar Pal

CPM, UPBOOT

Accepted on Behalf of M/s ANKIT CONSTRUCTION

Authorized Signatory
Encl.:1.
2.
3.
4.

Appendix I Schedule of Price

Appendix II - General Terms and Conditions
Appendix III Technical Specifications
Appendix IV General HSE Conditions of Subcontract Work Agreement

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

APPENDIX-I
CONTRACTOR: M/S ANKIT CONSTRUCTION
APPENDIX TO WORK ORDER NO: ICIECPL/Foundation/KNP/14-15/WO-001
Dated: 03.01.2015
Package: Foundation Work in 765 KV S/C QUAD MAINPURI - UNNAO TL. (Package-3)
SCHEDULE OF PRICES

Item
No.

Description

Excavation of Dry / Wet Type soil including

backfilling

Excavation of WBC type soil including backfilling

Excavation in PS/FS type soil including

dewatering and shuttering

Placement of Reinforcement Steel

(Reinforcement Shall Be supplied in Fabricated
Shape free of cost by employer

Stub Settings

Qty

Unit
Rate

Total Amount
( INR)

3894.741

126

490,737

0.000

480.192

158

75,870

MT

51.036

2100

107,176

Unit
Cu
m
Cu
m
Cu
m

5.1

A Type

MT

4.104

3150

12,928

5.2

D Type

MT

4.536

3150

14,288

Concreting ( Cement will be supplied free of cost

by employer ) at M20 grade. Nominal Mix 1 : 1.
5:3

Cu
m

479.348

3990

1,912,599

Concreting ( Cement will be supplied free of cost

by employer ) at M20 grade. Nominal Mix 1 : 3 : 6

Cu
m

57.954

3675

212,981

Nos

11.000

2100

23,100

Nos

0.000

8
9

Installation of earthing pipe type. (Earthing by

employer)
Installation of earthing of towers Counterpoise
type
TOTAL

2,849,679

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210

APPENDIX II
APPENDIX TO WORK ORDER NO: ICIECPL/Foundation/KNP/14-15/WO-001
Dated: 03.01.2015
GENERAL TERMS AND CONDITONS:
1

It is understood that you are familiar with terrain through which this line passes

2.

The copy of technical specification relating to foundation work may be collected

from our Site Office, and work is to be done strictly in accordance to the specification.

3.

The quantum and place of work will be decided by our site In-charge. We reserve
the right to reduce the scope of work or take away the portion of the work in case
the progress and quality of work is not to our satisfaction. The decision of our site
in-charge will be taken as final in this regard. Further, the work will have be done
to the technical specification and the satisfaction of our Engineer.

4.

Insurance
All your workers shall be covered by workmen compensation insurance taken by
the Employer for which details of workmen are to be submitted by the contractor.

If the Contractor fails to submit the above details periodically, Employer shall not
be liable for any compensation or any other legal liability whatsoever due to any
incident involving Contractors workers at site.

5.

Labour.
You will follow all the rules and regulations governing / enforced by the local
labour regulations. You will submit to us details of workers engaged and wages paid per month.

6.

Every effort shall be made to provide you with continuity of work. However should
there arise a need to temporarily suspend the work due to unforeseen reasons,
right of way problems etc., you shall comply with the instructions of our site
manager and extend all cooperation. However, no idling cost shall be payable.

2nd Floor, Block- Two(2), Vatika Business Park,Sector-49, Sohna Road, Gurgaon - 122001, Haryana, India
Tel.: (+91) 124 4823200 - Fax: (+91) 124 4823210