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1 NATIONAL THERMAL POWER CORPORATION LTD OPEN TENDER NOTICE No. RITES/ GM/ NGP/ T-11-2014, DATED 03.03.2014 Name of work: “Construction of RCC Retaining Wall along ROB approach toe ROB no 96,67,55,54 & 48 in MGR Railway system of NTPC STPP – Sipat.” VOLUME-I TECHNICAL BID Consultants RITES LTD 1, RITES BHAVAN, KADBI CHOWK, NAGPUR-440 004 Tender Document issued to : _________________________ (Name of Tenderer) _________________________ (Address of Tenderer) Signature of Officer issuing the document with Designation & Date of Issue.

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NATIONAL THERMAL POWER CORPORATION LTD

OPEN TENDER NOTICENo. RITES/ GM/ NGP/ T-11-2014, DATED 03.03.2014

Name of work: “Construction of RCC Retaining Wall along ROBapproach toe ROB no 96,67,55,54 & 48 in MGRRailway system of NTPC – STPP – Sipat.”

VOLUME-I

TECHNICAL BID

Consultants

RITES LTD1, RITES BHAVAN, KADBI CHOWK,

NAGPUR-440 004

Tender Document issued to :_________________________ (Name of Tenderer)_________________________ (Address of Tenderer)

Signature of Officer issuing the document with Designation & Date of Issue.

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RITES LIMITED

TENDER AND CONTRACT DOCUMENT

CONTENTS

Sl.No Details Page

VOLUME –I (TECHNICAL BID)

SECTION No.1 Notice Inviting Tender andinstructions to Bidders

SECTION No.2 Tender and Contract Form

SECTION No.3 Special Conditions

SECTION No.4 General TechnicalSpecifications

SECTION No.5 General Condition of Contractfor civil works of NTPC

SECTION No.6 Amendment to GCC /ErrataNo.1

SECTION No.7 Drawings

VOLUME –II (FINANCIALBID)

SCHEDULE (BILL) OFQUANTITES

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SECTION 1

NOTICE INVITING TENDER AND INSTRUCTIONS TO TENDERERS

1.0 GENERAL

1.1 Tender Notice

Tenders are invited in Single Packet System by RITES Ltd., a Public Sector Enterprise underthe Ministry of Railways, acting for and on behalf of NTPC – Sipat (Employer) as anAgent/Power of Attorney Holder, from working contractors (including contractors who haveexecuted works within the last five years reckoned from the scheduled date

of opening of tender) of Government Organizations / Semi Government Organizations ofCentral or State Government; or of Public Sector Undertakings / Autonomous Bodies ofCentral or State Government; or of Public Ltd., Companies listed in Stock Exchange in Indiaor Abroad, for the work of “Construction of RCC retaining wall along ROBapproach toe ROB no 96,67,55,54 & 48 in MGR railway system of NTPC –STPP-Sipat.”(Note : Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivativesare synonymous).

1.2 Estimated Cost of Work

The work is estimated to cost ` 56, 21,496/- (Rupees Fifty Six Lakhs Twenty One ThousandFour Hundred Ninety Six only). This Estimate, however, is given merely as a rough guide.

1.3 Time for Completion

The time allowed for completion will be 04 (Four) Months, counted from, 15 days from thedate of LoA or first date of handing over of site, whichever is later.

1.4 Brief Scope of Work

“Construction of RCC retaining wall along ROB approach toe ROB no96,67,55,54 & 48 in MGR railway system of NTPC –STPP-Sipat”.

1.5 Availability of Site

The site for the work is available

2.0 QUALIFICATION CRITERIA TO BE SATISFIED

2.1 The Qualification Criteria to be satisfied are given at Annexure I enclosed.

2.2 The Qualification Criteria to be satisfied will depend on the category of works. The work forwhich the Tender is being invited falls under the category of Small works.

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2.3 The Qualification Criteria to be satisfied will also depend on whether the Work falls in Normalarea or difficult area. Difficult area includes North East States, Jammu & Kashmir, Jharkhand,Chhattisgarh and Andaman & Nicobar Islands. Normal area covers all areas other thanDifficult area. The work for which this Tender has been invited falls under Difficult area.

2.4 In this Tender Joint Venture is not allowed.

In case Joint Venture is allowed the following will apply:

DELETED

2.5 The documents to be furnished by the Bidder to prove that he is satisfying the QualificationCriteria laid down should all be in the Bidder’s name, except in cases where though the namehas changed, the owners continued to remain the same and in cases of amalgamation ofentities.

3.0 FORMAT AND CHECK LIST FOR SUBMISSION OF INFORMATION ONQUALIFICATION CRITERIA

3.1 Other than Joint Ventures

The Tenderer shall furnish a Letter of Transmittal as given in Annexure II A enclosing thedocuments mentioned therein/listed in para 1(a) of Annexure IA.

3.2 Joint Ventures (For Large Works)

DELETED

3.3 Joint ventures (For Normal Works)

DELETED

4.0 CONTENTS OF TENDER DOCUMENT

4.1 Each set of Tender or Bidding Document will comprise the Documents listed below andaddenda issued in accordance with para 7 :

PART – 1 :- Technical Bid Packet

Section 1 Notice Inviting Tender and Instructions to Tenderers.Section 2 Tender and Contract Form.Section 3 Special Conditions/SpecificationsSection 4 General SpecificationsSection 5 General Conditions of Contract for civil works of NTPC.Section 6 Amendment to GCC/ ERRATA No.1Section 7 Drawings

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PART – 2 :- Financial Bid Packet

Schedule of Quantities (Bill of Quantities)

5.0 ISSUE OF TENDER DOCUMENT

5.1 A complete set of Tender Document (Technical and Financial Bid) described in Para 4.1above can be seen in the office of the Addl. General Manager (C), RITES Ltd., RITESBhawan, Kadbi Chowk, Nagpur 440004 between hours of 11.00 AM and 4.00 PM everyday except on Saturdays, Sundays and Public Holidays.

5.2 One set of Tender Document may be purchased from the office of Addl. General Manager(C), RITES Ltd., RITES Bhawan, Kadbi Chowk, Nagpur 440004 from 10 am to 5 pm fora non refundable fee per set of ` 2,000/- (Rupees Two Thousand only) in the form ofDemand Draft/ Pay Order/ Banker’s cheque drawn on any Scheduled Bank payable atNagpur in favour of RITES Ltd., Nagpur, on submission of an application. Tenderdocument may be issued free of cost to such applicants as are exempted from payment of costof tender document as a matter of Government Policy.

5.3 Tender Documents including drawings can also be downloaded from RITES Website(www.rites.com) and in such a case, the Tenderer shall deposit the cost of tender documents(unless he is exempted from such payment as a matter of Government Policy) along withsubmission of tender, failing which his tender shall not be opened. The cost of tenderdocuments shall be deposited in the form of a separate Banker’s cheque / Demand Draft / PayOrder and enclosed in the envelope containing the Earnest Money Deposit. In case theTenderer is exempted from such payment, the onus of proving such exemption shall rest withthe Tenderer and proof of the same shall be placed in the envelope meant for Earnest Money.The amendments / clarifications to the Tender documents will also be available on the abovementioned website.

5.4 Tender Documents downloaded from RITES website shall be considered valid forparticipating in the tender process. During the scrutiny of downloaded tender document, ifany modification / correction etc. is noticed as compared to the original documents posted onthe website, the bid submitted by such a Tenderer is liable to be rejected. In case the bid of aTenderer who has downloaded the document from website is accepted the contract shall beexecuted in the original / manual tender document issued by the concerned RITES officer.

5.5 Clarifications on Tender Documents

A prospective Tenderer requiring any clarification on the Tender Document may notify Sr.Dy. General Manager (Civil)- Tender in writing or by telefax/ or by E-mail at the followingPostal Address/ Fax No./E-mail address: Addl. General Manager (C), RITES Ltd., RITESBhawan, Kadbi Chowk, Nagpur 440004, Fax No. 0712-2527673, E-mail –[email protected].

In cases where Pre-Bid Meeting is not proposed to be held, request for clarifications includingrequest for Extension of Time for submission of Bid, if any, must be received not later than 10

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(ten) days prior to the deadline for submission of tenders. Details of such questions raised andclarifications furnished will be uploaded in RITES website without identifying the names ofthe Bidders who had raised the questions. Any modification of the Tender Document arisingout of such clarifications will also be uploaded on RITES website only.

In cases where Pre-Bid Meeting is proposed to be held, provisions in para 6.0 below may bereferred to.

6.0 PRE-BID MEETING

DELETED

7.0 AMENDMENT OF TENDER DOCUMENT

7.1 Before the deadline for submission of tenders, the Tender Document may be modified byRITES Ltd. by issue of addenda/corrigendum. Issue of addenda / corrigenda will however bestopped 7 days prior to the deadline for submission of tenders as finally stipulated.

7.2 Addendum/corrigendum, if any, will be hosted on website only and shall become a part of thetender document. All Tenderers are advised to see the website for addendum/ corrigendum tothe tender document which may be uploaded up to 7 days prior to the deadline for submissionof Tender as finally stipulated.

7.3 To give prospective Tenderers reasonable time in which to take the addenda/ corrigenda intoaccount in preparing their tenders, extension of the deadline for submission of tenders may begiven as considered necessary by RITES.

8.0 TENDER VALIDITY

8.1 The Tender shall be valid for a period of 180 days from the due date for submission of Tenderor any extended date as indicated in sub para below.

8.2 In exceptional circumstances, during the process of evaluation of tenders and prior to theexpiry of the original time limit for Tender Validity, the Employer may request that theTenderers may extend the period of validity for a specified additional period. The request andthe tenderer’s response shall be made in writing. A Tenderer may refuse the request withoutforfeiting his Earnest Money. A Tenderer agreeing to the request will not be permitted tomodify his Financial Bid to a higher amount but will be required to extend the validity of theEarnest Money for the period of the extension.

9.0 EARNEST MONEY

9.1 The Tender should be accompanied by Earnest Money of ` 1,12,430/- (Rupees One lakhTwelve thousand Four Hundered Thirty only) in any of the forms given below:-

Banker’s Cheque / Pay Order/ Demand Draft payable at Nagpur, drawn in favour ofRITES Ltd., Nagpur.

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9.2 Any Tender not accompanied by Earnest Money in an acceptable form shall be rejected by theEmployer as non-responsive unless the tenderer is exempted from payment of Earnest Moneyas matter of Government Policy. The onus of proving such exemption shall rest with thetenderer and such proof shall be placed in the envelope meant for Earnest Money.

9.3 Refund of Earnest Money

a) Two Packet System

DELETED

b) Single Packet System

After evaluation of the Financial Bids, the Earnest Money of unsuccessful Tenderers will bereturned without interest within 28 days of the end of Tender Validity Period subject toprovisions of Para 9.4 (b).

c) The Earnest Money shall be refunded only through Electronic Fund Transfer. The tenderershall submit RTGS/NEFT Mandate Form as per proforma given in Annexure IX, dulyfilled in.

d) In case of both Two Packet and Single Packet System, the Earnest Money of the successfulTenderer, without any interest, will be adjusted as a part of the Security Deposit payable interms of provisions in the General Conditions of Contract (Clause 1A of Clauses of Contract).

9.4 The Earnest Money is liable to be forfeited

a) If after bid opening, but before expiry of bid validity or issue of Letter of Acceptance,whichever is earlier, any Tenderer

i) withdraws his tender or

ii) Makes any modification in the terms and conditions of the tender which are notacceptable to the Employer.

b) In case any statement/information/document furnished by the Tenderer is found to beincorrect or false.

c) In the case of a successful Tenderer, if the Tenderer

i) Fails to furnish the Performance Guarantee within the period specified underClause 1 of “Clauses of Contract”.

(or)

ii) Fails to commence the work without valid reasons within the period as specifiedin Schedule F after the date of issue of Letter of Acceptance or from the firstdate of handing over of the site, whichever is later.

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In case of forfeiture of E.M. as prescribed hereinabove, the Tenderer shall not be allowed toparticipate in the retendering process of the work.

10.0 ALTERNATIVE PROPOSALS BY THE TENDERERS

The Tenderers shall submit offers which comply strictly with the requirements of the TenderDocument as amended from time to time as indicated in Para 7.0 above. Alternatives or anymodifications shall render the Tender invalid.

11.0 SUBMISSION OF TENDER

11.1 Two Packet System and Single Packet System

This tender is SINGLE PACKET SYSTEM.

(a) Two Packet System

DELETED

The tenderer shall submit the Tender in original in SINGLE packets as under:-

PACKET A :- TECHNICAL BID

Envelope 1 Earnest Money alongwith Mandate Form as per Annexure IX &Cost of Tender Document if the bid is submitted on thedocument downloaded from RITES website, unless exemptedfrom both payments as a matter of Government Policy. Ifexempted, the documents substantiating such exemption must beplaced in this envelope.

Envelope 2 “Authority to Sign”, ‘Integrity Pact’ (when applicable) andQualification Information along with all enclosures / documentsas per Letter of Transmittal/ Checklist given in Annexure II A/II B (L)/IIB(N). As regards “Authority to Sign” Para 11.2 belowmay be referred to. As regards ‘Integrity Pact’, para 11.7 belowmay be referred to.

Technical Bid (Part 1 and Part 3) (Refer Para 4.1) includingsignature on Tender Form (Section 2) duly witnessed after fillingup blanks therein.

Each page of the above documents including all Drawingsshould bear the dated initials of the Tenderer along with the sealof the Company, in token of confirmation of having understoodthe Contents.

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PACKET B :- FINANCIAL BID

Envelope 3 Schedule/Bill of Quantities.

Each page of the Financial Bid (Part 2 – Refer Para 4.1) should be signed by the Tendereralong with the seal of the company. In the last page of Financial Bid, at the end, the Tenderershould sign in full with the name of the Company, Seal of the Company and Date.

All rates and amounts, whether in figures or words, must be written in indelible ink. EachCorrection, Cutting, addition and overwriting should be initialed by the Tenderer.

The rates must be quoted in decimal coinage. Amounts must be quoted in full rupees byignoring fifty paise and less and considering more than fifty paise as rupee one. If the sameitem figures in more than one section/part of Schedule of Quantities, the Tenderer shouldquote the same rate for that item in all sections/parts. If different rates are quoted for the sameitem, the least of the different rates quoted only shall be considered for evaluation of that itemin all sections/parts of the Schedule of Quantities.

Instructions contained in subsequent Para 17.6 (a) on “Item rate tender” and 17.6 (b) on“Percentage rate tender” may be carefully studied and complied with.

b) Single Packet System :

Single Packet System : Both Technical Bid (including signature on Tender Form in Section 2duly witnessed) and Financial Bid Documents will be submitted in one Packet. Precautions asdescribed above for Two Packet System shall be observed by the tenderers.

11.2 Authority to Sign

a) If the applicant is an individual, he should sign above his full type written name andcurrent address.

b) If the applicant is a proprietary firm, the Proprietor should sign above his full typewritten name and the full name of his firm with its current address.

c) If the applicant is a firm in partnership, the Documents should be signed by all thepartners of the firm above their full type written names and current addresses.Alternatively the Documents should be signed by the person holding Power ofAttorney for the firm in the Format at Annexure IV.

d) If the applicant is a limited Company, or a Corporation, the Documents shall be signedby a duly authorized person holding Power of Attorney for signing the Documents inthe Format at Annexure IV.

e) If the applicant is a Joint Venture, the Documents shall be signed by the Lead Memberholding Power of Attorney for signing the Document in the Format at Annexure V.The signatory on behalf of such Lead Partner shall be the one holding the Power ofAttorney in the Format at Annexure IV.

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11.3 Items to be kept in mind while furnishing details

While filling in Qualification Information documents and the Financial Bid, following shouldbe kept in mind:

i) There shall be no additions or alterations except those to comply with the instructionsissued by the Employer or as necessary to correct errors, if any, made by the Tenderers.

ii) Conditional Offer/ Tender will be rejected. Unconditional rebate/ discounts in theFinancial offer will however be accepted.

iii) The Employer reserves the right to accept or reject any conditional rebate/discounts.While evaluating the Bid Price, the conditional rebates/discounts which are in excess ofthe requirements of the bidding documents or otherwise result in accrual of unsolicitedbenefits to the Employer, shall not be taken into account.

11.4 Sealing and Marking of Tenders

11.4.1 Two Packet System

DELETED

(a) PACKET A – TECHNICAL BID

Envelopes 1 & 2 as described in Para 11.1 (a) above should be sealed separately superscribing“Technical Bid” with Envelope Number, Name of the work and Name of the tenderer. Inaddition, the following should also be superscribed on the respective envelopes.

Envelope 1 i) Earnest Money alongwith Mandate Form as perAnnexure IXii) Cost of Tender Document if the Bid is submitted onthe document downloaded from RITES website.iii) If the bidder is exempted from payment EarnestMoney and cost of Tender Document, he shouldsuperscribe “Documents Substantiating Exemption fromPayment of Earnest Money and Cost of TenderDocuments”

Envelope 2 i) Authority to Sign, ‘Integrity Pact’ (when applicable asper para 11.7 below) and Qualification Information/documents as per checklist in Annexure IIA / IIB(L)/ IIB (N).ii) Technical Bid including Drawings

Both the envelopes should be put in a packet which should be sealed. The following should besuperscribed on the packet:

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i) Packet A – Technical Bidii) Name of the Workiii) Name of the Tenderer

(b) PACKET B – FINANCIAL BID

Envelope 3 – Financial Bid should be put in Packet B which should be sealed. The followingshould be superscribed on the packet.

i) Packet B - Financial Bid

ii) Name of the work

iii) Name of the tenderer

(c) Both packets A and B should be put inside an outer envelope and sealed. This envelopeshould be superscribed with the following details:

i) Tender for (Name of work)

ii) Tender number

iii) Date and time of opening of Tender

iv) From (Name of Tenderer)

v) Addressed to: Addl. General Manager (C), RITES Ltd., RITES Bhawan, KadbiChowk, Nagpur 440004

11.4.2 Single Packet System

Two envelopes of Technical Bid and one of Financial Bid shall be made out as stipulated inPara 11.4.1 (a) and (b) above with the Name of the work and Name of the Tenderersuperscribed on each of the envelopes. All the three envelopes shall be put in a Single Packetwhich shall be superscribed in the same manner as given in Para 11.4.1 (c) above.

11.4.3 If the envelopes and packets are not superscribed and sealed as indicated in Paras 11.4.1/11.4.2 above, the Employer will assume no responsibility for the misplacement or prematureopening of the Tender.

11.5 Deadline for submission of Tender

11.5.1 Tenders must be received by the Employer at the following address not later than 15.00 Hrs.on 09.04.2014. In the event of the specified date for the submission of the Tender beingdeclared a holiday due to Strike/Bandh or on any account by the Employer, the Tenders will bereceived up to the appointed time on the next working day.

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Address for submission of Tender: Addl. General Manager (C), RITES Ltd., RITESBhawan, Kadbi Chowk, Nagpur 440004

11.5.2 The Employer may extend the deadline for submission of Tenders by issuing an amendment inwriting in accordance with Para 7.3 in which case all rights and obligations of the Employerand the Tenderer previously subject to the original deadline will be subject to new deadline.

11.6 Late Tender / Delayed Tender

Any Tender received by the Employer after the specified date and time of receipt of Tenderwill be returned unopened to the Tenderer.

11.7 Integrity Pact

(i) The Bidder/Contractor is required to enter into an Integrity Pact with the Employer, inthe Format at Annexure VIII. The Integrity Pact enclosed as Annexure VIII will besigned by RITES for and on behalf of Employer as its Agent/Power of Attorney Holderat the time of execution of Agreement with the successful Bidder. While submittingthe Bid, the Integrity Pact shall be signed by the duly authorized signatory of theBidder/Lead Member of JV. In case of failure to submit the Integrity Pact duly signedand witnessed, along with the Bid, the Bid is likely to be rejected.

(ii) In case of any contradiction between the Terms and Conditions of the Bid Documentand the Integrity Pact, the former will prevail.

Provided always that provision of this para 11.7 – Integrity Pact, shall be applicableonly when so provided in para 11.7A below which will also stipulate the name andaddress of the Independent External Monitor as well as the Name, designation andaddress of the official nominated by the Employer to act as the Liaison Officer betweenthe Independent External Monitor and the Engineer-in-Charge as well as theContractor.

11.7A Whether para 11.7 (Integrity Pact) shall be applicable: YES

If Yes, Name and Address of the Independent ExternalMonitor (In case value of contract is `10 crores or more) NOT APPLICABLE

Name, Designation and Address of RITES’ LiaisonOfficer NOT APPLICABLE

11.8 Modification and Withdrawal of Bids

11.8.1 Tenderers may modify or withdraw their bids by giving notice in writing before the deadlineprescribed in para 11.5 for submission of Bids.

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11.8.2 Each modification or withdrawal notice shall be prepared, sealed, marked and delivered inaccordance with paras 11.1, 11.2 and 11.4 with the outer envelopes additionally marked‘Modification’ or ‘Withdrawal’ as appropriate.

The envelopes for modifications on ‘Technical Bid’ and ‘Financial Bid’ shall be submitted inseparate sealed envelopes and marked as ‘Modifications of Technical Bid’ or ‘Modificationsof Financial Bid’ as the case may be.

11.8.3 No bid may be modified after the deadline for submission of Bids except as indicated below.If a Bidder makes a suo moto offer of rebate / discount in his Financial Bid after the deadlinefor submission of Bids, such offer will not be considered for Financial evaluation of Tenders.But if the Tenderer is successful in the Bid based on his original offer without considering thesuo moto offer, the rebate / discount offered will be taken into account for incorporation in theContract Agreement.

11.8.4 Withdrawal or modification of a Bid, subject to provisions in Para 11.8.3 above, after thedeadline for submission of Bids shall result in forfeiture of the Earnest Money.

12.0 TENDER OPENING, EVALUATION AND CLARIFICATIONS OFAPPLICATIONS

12.1 The Employer will open all the Tenders received (except those received late or delayed)asdescribed in para 12.2/12.3 below, in the presence of the Tenderers or their representativeswho choose to attend at 15.30 Hrs. on 09.04.2014 in the office of Addl. General Manager(C), RITES Ltd., RITES Bhawan, Kadbi Chowk, Nagpur 440004. In the event of thespecified date of the opening being declared a holiday by the Employer, the Tenders will beopened at the appointed time and location on the next working day.

12.2 Two Packet System

DELETED

12.3 Single Packet System

Envelope 1 of all the Tenders will be opened first and checked. If the Earnest Moneyfurnished is not for the stipulated amount or is not in an acceptable form (unless exempted)and where applicable the Cost of Tender Document has not been furnished for the correctamount and in an acceptable form (unless exempted), the remaining envelopes will be returnedto the tenderer concerned unopened at the time of opening of the Tender itself. The Envelopesno. 2 of Technical Bid and no. 3 of Financial Bid of other Tenderers who have furnishedEarnest Money and where applicable the Cost of Tender Document, in acceptable form (unlessexempted) will then be opened. The Tenderer’s name, the presence of Earnest Money, theAuthority to Sign the Tender, amount quoted and such other details as the Employer mayconsider appropriate will be announced by the Employer.

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13.0 INSPECTION OF SITE BY THE TENDERERS

Tenderers are advised to inspect and examine the site and its surroundings and satisfythemselves before submitting their Tenders, as to the nature of the ground and sub-soil (as faras is practicable), the form and nature of the site, the means of access to the site, theaccommodation they may require and in general shall themselves obtain all necessaryinformation as to risks, contingencies and other circumstances which may influence or affecttheir Tender. A Tenderer shall be deemed to have full knowledge of the site whether heinspects it or not and no extra charges consequent on any misunderstanding or otherwise shallbe allowed. The Tenderer shall be responsible for arranging and maintaining at his own costall materials, tools & plants, water, electricity, access, facilities for workers and all otherservices required for executing the work unless otherwise specifically provided for in thecontract documents. Submission of a tender by a Tenderer implies that he has read this noticeand all other contract documents and has made himself aware of the scope and specificationsof the work to be done and of conditions and rates at which stores, tools and plant etc. will beissued to him by the Employer and local conditions and other factors having a bearing on theexecution of the work.

14.0 EMPLOYER’S RIGHT ON ACCEPTANCE OF ANY TENDER

(i) If required, the Employer may ask any Tenderer the breakdown of unit rates. If theTenderer does not submit the clarification by the date and time set in the Employersrequest for clarification, such Tender is likely to be rejected.

(ii) The competent authority on behalf of the Employer does not bind himself to accept thelowest or any other Tender and reserves to himself the authority to reject any or all theTenders received without the assignment of any reason. All Tenders in which any of theprescribed conditions is not fulfilled or any condition is put forth by the Tenderer shall besummarily rejected.

15.0 CANVASSING PROHIBITED

Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited andthe tenders submitted by the Contractors who resort to canvassing will be liable to rejection.

16.0 EMPLOYER’s RIGHT TO ACCEPT WHOLE OR PART OF THE TENDER

The competent authority on behalf of the Employer reserves to himself the right of acceptingthe whole or any part of the tender and the Tenderer shall be bound to perform the same at therates quoted.

17.0 MISCELLANEOUS RULES AND DIRECTIONS

17.1 The Tenderer shall not be permitted to tender for works if his near relative is posted asAssociated Finance Officer between the grades of AGM(F) and J.M (F) in the concerned

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SBU Unit of RITES or as an officer in any capacity between the grades of GGM/GM andEngineer (both inclusive) of the concerned SBU of the Employer. He shall also intimate thenames of persons who are working with him in any capacity or are subsequently employed byhim and who are near relatives to any Gazetted officer in the organization of the Employer.Any breach of this condition by the Tenderer would render his Tender to be rejected.

No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering orAdministrative duties in an Engineering Department of the Organisation of the Employer isallowed to work as a contractor for a period of one year after his retirement from theEmployer’s service without the previous permission of the Employer in writing. The contractis liable to be cancelled if either the Contractor or any of his employees is found any time to besuch a person who had not obtained the permission of the Employer as aforesaid beforesubmission of the tender or engagement in the Contractor’s service.

17.2 If required by the Employer, the Tenderers shall sign a declaration under the officials SecretAct 1923, for maintaining secrecy of the tender documents drawings or other recordsconnected with the work given to them. The unsuccessful Tenderers shall return all thedrawings given to them.

17.3 Use of correcting fluid anywhere in tender document is not permitted. Such tender is liable forrejection.

17.4 a) In the case of Item Rate Tenders, …….DELETED

b) In case of percentage Rate Tender only percentage quoted shall be considered. Any tendercontaining item rates is liable to be rejected. Percentage quoted by the Tenderer in percentagerate tender shall be accurately filled in figures and words so that there is no discrepancy. If,for any Schedule in Financial Bid, the total amount has been indicated by the Tenderer and ifdiscrepancy is noticed in the percentages quoted in words and figures, then the percentagewhich corresponds with the total amount, shall, unless otherwise proved be taken as correct. Ifthe total amount is not worked out or if worked out, it does not correspond with thepercentages written either in figures or in words, then the percentage quoted by Tenderer inwords shall be taken as correct. When the percentages quoted by the Tenderer in figures andin words tally but the total amount is not worked out correctly, the percentage quoted by theTenderes shall be taken as correct, unless proved otherwise and the total amount worked outaccordingly.

17.5 In the case of any Item rate tender ……DELETED

17.6 (a) In Item rate Tender, ……..DELETED

(b) In Percentage Rate Tender, the Tenderer shall quote percentage below / above (in figuresas well as in words) at which he will be willing to execute the work. He shall also work outthe total amount of his offer and the same should be written in figures as well as in words insuch a way that no interpolation is possible. In case of figures, the word “`” should be writtenbefore the figure rupees and word ‘P’ after the decimal figures (eg.) `.2.15 P and in case ofwords the word “Rupees” should precede and the word “Paisa” should be written at the end.

17.7 Sales-tax/VAT (except Service Tax), purchase tax, turnover tax or any other tax/ Cess onmaterial, labour and Works in respect of this Contract shall be payable by the Contractor andthe Employer will not entertain any claim whatsoever in respect of the same. However, in

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respect of Service Tax, same shall be paid by the Contractor to the concerned department ondemand and it will be reimbursed to him by the Engineer-in-Charge after satisfying that it hasbeen actually and genuinely paid by the Contractor.

17.8 Each Bidder shall submit only one Bid either as an individual or as a Proprietor in aProprietary firm or as a Partner in a Partnership firm or as a Director of a limitedCompany/Corporation or as a Partner in a Joint Venture. Any Bidder who has submitted a Bidfor a work, shall not be a witness for any other Bidder for the same work. Failure to observethe above stipulations would render all such Tenders submitted as a Bidder and / or as awitness, liable to summary rejection.

17.9 The Contractor shall be fully responsible for all matters arising out of the Performance of theContract and shall, at his own expense, comply with all laws/ acts/ enactments/ orders/regulations/ obligations whatsoever of the Government of India, State Government, LocalBody and any Statutory Authority.

18.0 SIGNING OF CONTRACT AGREEMENT

18.1 The Tenderer whose tender has been accepted will be notified of the award by the Employerby issue of a `Letter of Acceptance’ ‘ prior to expiration of the Bid Validity period, in theform at Annexure VI.

The Letter of Acceptance will be sent to the Contractor in two copies one of which he shouldreturn promptly, duly signed and stamped. The Letter of Acceptance will be a binding Contractbetween the Employer and the Contractor till the formal Contract Agreement is executed.

18.2 Within the period as specified in Clause 1 of `Clause of Contract’, of the date of issue ofLetter of Acceptance, the successful Tenderer shall deliver to the Employer, PerformanceGuarantee and Additional Performance Guarantee (where applicable) in the format prescribed.

18.3 The Tenderer whose Tender is accepted shall be required to submit at his cost stamp papers ofappropriate value as per the provisions of Indian Stamp Act within 15 days of the date of issueof Letter of Acceptance.

18.4 At the same time the Employer notifies the successful Tenderer that his Tender has beenaccepted, the Employer will direct him to attend the Employer’s office within 28 days of issueof Letter of Acceptance for signing the Agreement in the proforma at Annexure VII. TheAgreement will however be signed only after the Contractor furnishes Performance Guaranteeand Additional Performance Guarantee (where applicable) and hence, where justified, theperiod of 28 days stipulated above will be extended suitably.

17

ANNEXURE – I

QUALIFYING CRITERIA FOR WORKS CONTRACTS

1. Annual Financial Turnover

NOT APPLICABLE

2. WORK EXPERIENCE

a) Similar Works Experience

(ii) For works in difficult areas:

The Bidder should have satisfactorily completed in his own name or proportionateshare as a member of a Joint Venture, at least one similar work of minimum value of` 29 Lakhs OR at least two similar works each of minimum value of ` 23 Lakhsduring the last 5 (five) years prior to the last stipulated date for submission of the Bid.Works completed prior to the cut off date shall not be considered.

Similar Works

Similar Works shall mean the work of any Civil Engineering construction work involvingconstruction of RCC work carried out in India.

Notes :- A weightage of 5% (compounded annually from the date of completion of the work to the

submission of the Bid) shall be given for equating the value of works of the previous years tothe current year.

- Only such works shall be considered where physical completion of entire work is over orcommissioning of work has been done, whichever is earlier.

- The Bidder should submit the details of such similar completed works as per the format atProforma-1 enclosed.

- Works carried out by another Contractor on behalf of the Bidder on a back to back basis willnot be considered for satisfaction of the Qualification Criterion by the Bidder.

- Credential certificates issued by Government Organizations / Semi Government Organizationsof Central or State Government; or by Public Sector Undertakings/ Autonomous Bodies ofCentral or State Governments; or by Public Ltd. companies listed in Stock Exchange in Indiaor Abroad shall only be accepted for assessing the eligibility of a Tenderer.

- The cut off date shall be calculated backwards from the last stipulated date for submission/opening of Tender i.e. for a Tender which is being opened on 09.04.2014, the cutoff dateshall be 10.04.2009.

- In case JV is permitted the following provisions will apply: DELETED

18

b) Construction Experience in key activities/specified components

To qualify for award of the contract, each Bidder in his own name or as a member of a JointVenture should have, in the last five Years prior to the last stipulated date for submission ofthe Bid, executed the following key activities in any one work.

Civil Engineering construction work involving construction of RCC Retaining wall ofminimum 250 cum.

Notes:

- The work satisfying the criterion for a particular key activity may be different from awork satisfying the criterion for another key activity.

- The Bidder should furnish with his Bid a tabular statement giving contract-wisequantities of key activities / specialised components executed in the last 5 years whichmeet the Qualification Criterion along with documentary proof in support thereof(indicating page nos.).

- Even if a work has not been completed but if the specified quantity of the key activityhas been completed, the same shall be taken into consideration for the purpose of thiscriterion.

- Any work executed by the Bidder as a member of a Joint Venture will be acceptedprovided there is documentary proof in support of the same either in the MOU/Agreement of the JV or in a declaration by the other Members of that JV or the Clientconfirming that the specialized work was actually executed by the Bidder.

- In case JV is permitted the following provisions will apply: DELETED

3. SOLVENCY CERTIFICATE

NOT APPLICABLE

4. Net Worth:

NOT APPLICABLE

5. POINTS TO NOTE ON SATISFACTION OF QUALIFYING CRITERIA IN CASE OFBOTH LARGE AND NORMAL WORKS

a) Sub-Contractor’s Experiences and Resources

19

Sub-Contractors’ Experiences and Resources will not be taken into account indetermining the Bidder’s compliance with the qualifying criteria.

b) Experiences and Resources of the Parent Company and other subsidiarycompanies

If the Bidder is a wholly owned subsidiary of a company, the experience and resourcesof the owner/parent company or its other subsidiaries will not be taken into account.However, if the Bidder is a Company, the Experience and Resources of its subsidiarieswill be taken into consideration.

6. DECLARATION BY THE BIDDER

Even though the Bidders may meet the above qualifying criteria, they are subject to bedisqualified if they have

a) Made misleading or false representation in the forms, statements and attachments inproof of the qualification requirements. In such a case, besides Tenderer’s liability toaction under para 9.4 of Instructions to Tenderers, the Tenderer is liable to face thepenalty of banning of business dealings with him by RITES.

b) Records of poor performance such as abandoning the work, not properly completingthe contract, inordinate delays in completion, litigation history or financial failures etc.

c) Their business banned or suspended by any Central/State Government Department/Public Undertaking or Enterprise of Central/State Government and such ban is in force.

d) Not submitted all the supporting documents or not furnished the relevant details as perthe prescribed format.

A declaration to the above effect in the form of affidavit on stamp paper of `. 10/- dulyattested by Notary/Magistrate should be submitted as per format given in Proforma 3enclosed.

20

Proforma-1

LIST OF SIMILAR WORKS SATISFYING QUALIFICATION CRITERION COMPLETEDDURING THE LAST 5 YEARS

S.No.

Client'sNameand

Address

Name ofthe Work &

Location

Scope ofwork

carriedout by

theBidder

Agreement/ Letter ofAward No.

and date

Contract Value Date of start Date of Completion Reasons fordelay in

completionif any

Ref. ofdocument(with page

no.) in supportof meeting

QualificationCriterion

Awarded Actual oncompletion

As perLOA/Agreement

Actual

SEAL AND SIGNATURE OF THE BIDDER

Note :

1. In support of having completed above works, attach self attested copies of the completioncertificate from the owner/client or Executing Agency / Consultant appointed by owner /Client indicating the name of work, the description of work done by the Bidder, date of start,date of completion (contractual & actual) and contract value as awarded and as executed bythe Bidder . “Contract Value” shall mean gross value of the completed work including cost ofmaterials supplied by the owner/client but excluding those supplied free of cost.

2. Such Credential certificates issued by Government Organizations/ Semi GovernmentOrganizations of Central or State Government; or by Public Sector Undertakings /Autonomous bodies of Central or State Government; or by Public Ltd. Companies listed inStock Exchange in India or Abroad shall only be accepted for assessing the eligibility of aTenderer.

21

In case of a Certificate from a Public Limited Company, the bidder should also submitdocumentary proof that the Public Ltd. Co. was listed in Stock Exchange in India or abroadwhen the work was executed for it.

3. Information must be furnished for works carried out by the Bidder in his own name orproportionate share as member of a Joint Venture. In the latter case details of contract valueincluding extent of financial participation by partners in that work should be furnished.

4. If a Bidder has got a work executed through a Subcontractor on a back to back basis, theBidder cannot include such a work for his satisfying the Qualification Criterion even if theClient has issued a Completion Certificate in favor of that Bidder.

5. Use a separate sheet for each partner in case of a Joint Venture.

6. Only similar works completed during the last 5 years prior to the last stipulated date forsubmission of Bid, which meet the Qualification Criterion need be included in this list.

22

Proforma 2

SOLVENCY CERTIFICATE FROM A NATIONALISEDOR A SCHEDULED BANK

This is to certify that to the best of our knowledge and information, M/s ____________________,having their registered office at _____________, a customer of our Bank, is a reputed company with agood financial standing and can be treated as solvent to the extent of ` ___________. This certificateis issued without any guarantee or risk and responsibility on the Bank or any of its officers.

Signature with dateSenior Bank Manager (Name of Officer issuing the Certificate)

Name, address & Seal of the Bank/ Branch

Note:

Banker’s Certificate should be on letter head of the Bank.

23

Proforma 3

DECLARATION BY THE BIDDER

(Affidavit on Non-Judicial Stamp Paper of `.10/- duly attested by Notary / Magistrate)

This is to certify that We, M/s. __________________________, in submission of this offer confirmthat:-

i) We have not made any misleading or false representation in the forms, statements andattachments in proof of the qualification requirements;

ii) We do not have records of poor performance such as abandoning the work, not properlycompleting the contract, inordinate delays in completion, litigation history or financial failuresetc.

iii) No Central / State Government Department/ Public Sector Undertaking or Enterprise ofCentral / State Government has banned/suspended business dealings with us as on date.

iv) We have submitted all the supporting documents and furnished the relevant details as perprescribed format.

v) List of Similar Works satisfying Qualification Criterion indicated in Proforma 1 does notinclude any work which has been carried out by us through a Subcontractor on a back to backbasis.

vi) The information and documents submitted with the Tender and those to be submittedsubsequently by way of clarifications / making good deficient documents are correct and weare fully responsible for the correctness of the information and documents submitted by us.

vii) We understand that in case any statement/information/document furnished by us or to befurnished by us in connection with this offer, is found to be incorrect or false, our EMD in fullwill be forfeited and business dealings will be banned.

SEAL, SIGNATURE & NAME OF THE BIDDER

signing this document

24

ANNEXURE I A

CHECK LIST OF DOCUMENTS TO BE SUBMITTED1. a) BY BIDDERS OTHER THAN JOINT VENTURES

i) Annual Financial Turnover

- Not Applicable

ii) Work Experience

- Similar Work Experience : Proforma 1 of Annexure I with details of 1, 2 or 3works as the case may be, which satisfy requisite qualification criterion withself attested copies of supporting document (Refer Para 2a of Annexure I).

- Construction Experience in Key Activities/Specialised Components: TabularStatement giving contract-wise quantities executed in last 5 years along withdocumentary proof in support of having met the criterion (Refer Para 2b ofAnnexure I).

iii) Solvency Certificate.

Not Applicable

iv) Net Worth:

Not Applicable

v) Declaration by Bidder

Proforma 3 (Refer Para 6 of Annexure I)

vi) Integrity Pact (applicable) : duly signed and witnessed in the format at AnnexureVIII (Refer para 11.7 of NIT & Instructions to Tenderers)

b) BY JOINT VENTURE PARTNERS FOR “LARGE WORKS”

DELETED

c) BY JOINT VENTURE PARTNERS FOR “NORMAL WORKS”

DELETED

25

ANNEXURE II A

QUALIFICATION INFORMATION/CHECKLIST OF DOCUMENTS--LETTER OF TRANSMITTAL BY OTHER THAN JOINT VENTURES

(on letter head of the Applicant)

From To_____________ Addl General Manager (C),

RITES Ltd.,RITES Bhawan,Kadbi Chowk,Nagpur 440004.

Sir,

Sub: Submission of Qualification information /documents as per Checklist.

1. I/We hereby submit the following documents in support of my/our satisfying the QualificationCriteria laid down for the work:-

a) Self attested copy of a certificate, confirming that the applicant is a working contractor orhas executed any work within the last five years reckoned from the date of opening oftender, issued by a Government Organization / Semi Government Organization of Centralor State Government; or by a Public Sector Undertaking / Autonomous Body of Central orState Government; or by a Public Ltd. Company listed in a Stock Exchange in India orAbroad.

b) Annual Financial Turnover

NA

c) Work Experience

i) Similar Work Experience :- In Proforma 1 with details of 1 / 2 / 3 works asapplicable and self attested copies of supporting documents as mentionedtherein.

ii) Construction experience in key activities / specialised components:Tabular Statement giving contract wise quantities executed in last 5 years withdocumentary proof.

d) Solvency Certificate - NA.

e) Net Worth:NA

26

2. In addition the following supporting documents are also enclosed.

a) Self attested copy of Partnership Deed/Memorandum and Articles of Association of theFirm.

b) Self attested copies of PAN/TAN issued by the Income Tax Department.c) Declaration – Proforma 3d) Self attested copy of Sales Tax, Works Contract Tax, Service Tax Registration

Certificate (as applicable).e) Self attested copy of Registration under Labour Laws, like PF, ESI etc.f) Self attested copy of ISO 9000 Certificate (if any)g) Integrity Pact (applicable) : duly signed and witnessed.

2. I authorize you to approach any Bank, Individual, Employer, Firm or Corporation, whethermentioned in the enclosed documents or not, to verify our competence and general reputation.

3. I also enclose written Power of Attorney of the signatory of the Tender on behalf of theTenderer.

Yours faithfully,

Encl: As in Paras 1, 2 & 4Signature of Applicant

with Name _________________Date with seal

27

ANNEXURE II B (L)

QUALIFICATION INFORMATION /CHECKLIST OF DOCUMENTS– LETTER OF TRANSMITTAL BY JOINT VENTURE

(FOR LARGE WORKS COSTING OVER ` 100 CRORES)(To be signed by the Lead Member on his Letter Head)

NOT APPLICABLE

ANNEXURE II B (N)

QUALIFICATION INFORMATION /CHECKLIST OF DOCUMENTS- LETTER OF TRANSMITTAL BY JOINT VENTURE

(FOR NORMAL WORKS COSTING BETWEEN ` 30 CRORE and ` 100 CRORES)(To be signed by the Lead Member in his Letter Head)

NOT APPLICABLE

ANNEXURE III

DRAFT MEMORANDUM OF UNDERSTANDINGEXECUTED BY MEMBERS OF THE CONSORTIUM / JOINT VENTURE

(On each firm’s Letter Head)

NOT APPLICABLE

28

ANNEXURE IV

FORMAT FOR POWER OF ATTORNEY TO AUTHORISED SIGNATORY

POWER OF ATTORNEY

(To be executed on non-judicial stamp paper of the appropriate value in accordance with relevantStamp Act. The stamp paper to be in the name of the firm/ company who is issuing the Power ofAttorney).

We, M/s.______ (name of the firm/company with address of the registered office) herebyconstitute, appoint and authorise Mr./Ms.______ (Name and residential address) who ispresently employed with us and holding the position of ______ and whose signature is givenbelow as our Attorney to do in our name and our behalf all or any of the acts, deeds or thingsnecessary or incidental to our bid for the work “Construction of RCC retaining wallalong ROB approach toe ROB no 96,67,55,54 & 48 in MGR railway system ofNTPC –STPP-Sipat. ”, including signing and submission of application / proposal,participating in the meetings, responding to queries, submission of information / documentsand generally to represent us in all the dealings with RITES or any other Government Agencyor any person, in connection with the works until culmination of the process of bidding, till theContract Agreement is entered into with RITES and thereafter till the expiry of the ContractAgreement.

We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney pursuant tothis Power of Attorney and that all acts, deeds and things done by our aforesaid Attorney shall alwaysbe deemed to have been done by us.

(Add in the case of a Consortium/Joint Venture)Our firm is a Member/Lead Member of the Consortium of ___________, _________ and___________.

Dated this the _____ day of ______ 20

(Signature and name of authorized signatory being given Power of Attorney)___________

(Signature and name in block letters of *All the partners of the firm, * Authorized Signatory for theCompany)(* Strike out whichever is not applicable)Seal of firm/ Company

Witness 1: Witness 2:Name: Name:Address: Address:Occupation: Occupation:

29

Notes:

- In case the Firm / Company is a Member of a Consortium/ JV, the authorized signatory has tobe the one employed by the Lead Member.

- The mode of execution of the Power of Attorney should be in accordance with the procedure,if any, laid down by the applicable law and the charter documents of the executant(s) and whenit is so required the same should be under common seal affixed in accordance with the requiredprocedure.

30

ANNEXURE V

FORMAT FOR POWER OF ATTORNEY TO LEAD MEMBER OF CONSORTIUM /JOINT VENTURE

NOT APPLICABLE

31

ANNEXURE VI

(FORM OF LETTER OF ACCEPTANCE)(By REGD POST / ACK.DUE)

= = = B L A N K = = =

32

ANNEXURE VII

FORM OF AGREEMENT

(ON NON JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)Agreement No. ________ dated _________

THIS AGREEMENT is made on ________ day of ______ Two thousand ________ between RITESLtd. a Government of India Enterprise and a Company registered under Companies Act, 1956 havingits registered office at SCOPE Minar, Laxmi Nagar, Delhi - 110092 and its Corporate Office at RITESBHAWAN, Plot No.1, Sector 29, Gurgaon (Haryana) representing through ____________, RITESLIMITED acting for and on behalf of and as an Agent /Power of Attorney Holder of _____hereinafter called the Employer (which expression shall, wherever the context so demands or requires,include their successors in office and assigns) on one part and M/s.______ hereinafter called theContractor (which expression shall wherever the context so demands or requires, include his/ theirsuccessors and assigns) of the other part.

WHEREAS the Employer is desirous that certain works should be executed viz“Construction of RCC retaining wall along ROB approach toe ROB no 96,67,55,54 &48 in MGR railway system of NTPC –STPP-Sipat.” and has by Letter of Acceptancedated ____ accepted a tender submitted by the Contractor for the execution, completion,remedying of any defects therein and maintenance of such works at a totalContract Price of ` ______ (Rupees ______________ only)

NOW THIS AGREEMENT WITNESSETH as follows:-

1. In this Agreement words and expressions shall have the same meaning as are respectivelyassigned to them in the Conditions of Contract hereinafter referred to.

2. The following documents in conjunction with addenda/ corrigenda to Tender Documents shallbe deemed to form and be read and construed as part of this agreement viz.

This form of AgreementThe Letter of Acceptance dated______.Priced Schedule (Bill) of QuantitiesNotice Inviting Tender and Instructions to Tenderers.RITES Tender and Contract FormSpecial ConditionsTender DrawingsTechnical SpecificationsGeneral Conditions of Contract of NTPC for Civil WorksAmendments to Tender Documents (List enclosed)

33

3. In consideration of the payment to be made by the Employer to the Contractor as hereinaftermentioned, the Contractor hereby covenants with the Employer to execute, complete, remedydefects therein and maintain the works in conformity in all respects with the provisions of theContract.

4. The Employer hereby covenants to pay to the Contractor in consideration of the execution,completion, remedying of any defects therein and maintenance of the works, the contract priceor such other sum as may become payable under the provisions of the contract at the time andin the manner prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused their respective common seals to be hereintoaffixed (or have herewith set their respective hands and seals) the day and year first above written.

SIGNED, SEALED AND DELIVERED BY

____________________________In the capacity of _____

On behalf of M/s. _________

(The Contractor)

In the presence of

Witnesses (Signature, Name &Designation)

1.

2.

______________________________representing RITES LIMITEDIn the capacity of Agent / Power ofAttorney Holder

For and on behalf of _________

(The Employer)

In the presence of

Witnesses (Signature, Name &Designation)

1.

2.

34

ANNEXURE VIII

INTEGRITY PACTBetween

RITES LTD. acting for and on behalf of and as an Agent / Power of Attorney Holder of NTPC-SIPAThereinafter called the “Employer” AND

____________ hereinafter referred to as "The Bidder/Contractor"

Preamble

The Employer intends to award, under laid down organizational procedures, contract/s for“Construction of RCC retaining wall along ROB approach toe ROB no96,67,55,54 & 48 in MGR railway system of NTPC –STPP-Sipat. ”. The Employervalues full compliance with all relevant laws and regulations, and economic use of resources,and of fairness and transparency in his relations with the Bidder/s and/or contractor/s.

In order to achieve these goals, the Employer will appoint an Independent External Monitor (IEM)who will monitor the Tender process and execution of the contract for compliance with the principlesmentioned above.

Section 1 – Commitments of the Employer

(1) The Employer commits himself to take all measures necessary to prevent corruption and toobserve the following principles:-

1. No employee of the Employer, personally or through family members, will inconnection with the tender or for the execution of the contract, demand, take a promisefor or accept, for self or third person, any material or immaterial benefit which theperson is not legally entitled to.

2. The Employer will, during the tender process, treat all Bidders with equity and reason.The Employer will in particular, before and during the tender process, provide to allBidders the same information and will not provide to any Bidderconfidential/additional information through which the Bidder could obtain anadvantage in relation to the tender process or the contract execution.

3. The Employer will exclude from the process all known prejudiced persons.

(2) If the Employer obtains information on the conduct of any of his employees which is acriminal offence under the IPC (Indian Penal Code) /PC (Prevention of Corruption) Act, or ifthere be a substantive suspicion in this regard, the Employer will inform its Chief VigilanceOfficer and in addition can initiate disciplinary action.

35

Section 2 – Commitments of the Bidder/Contractor

(1) The Bidder/Contractor commits himself to take all measures necessary to prevent corruption.He commits himself to observe the following principles during his participation in the tenderprocess and during the contract execution.

1. The Bidder/Contractor will not directly or through any other person or firm, offer,promise or give to any of the Employer’s employees involved in the tender process orthe execution of the contract or to any third person any material or other benefit whichhe is not legally entitled to, in order to obtain in exchange any advantage of any kindwhatsoever during the tender process or during the execution of the contract.

2. The Bidder/Contractor will not enter with other Bidders into any undisclosedagreement or understanding, whether formal or informal. This applies in particular toprices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions, to restrict competitiveness or to introducecartelization in the bidding process.

3. The Bidder/Contractor will not commit any offence under the relevant IPC/PC Act;further the Bidder/ Contractor will not use improperly, for purposes of competition orpersonal gain, or pass on to others, any information or document provided by theEmployer as part of the business relationship, regarding plans, technical proposals andbusiness details, including information contained or transmitted electronically.

4. The Bidder/Contractor will, when presenting his bid, disclose any and all payments hehas made, is committed to or intends to make to agents, brokers or any otherintermediaries in connection with the award of the contract.

(2) The Bidder/ Contractor will not instigate third persons to commit offences outlined above or bean accessory to such offences.

Section 3-Disqualification from tender process and exclusion from future contracts

If the Bidder/Contractor, before award or during execution has committed a transgressionthrough a violation of Section 2 above, or in any other form such as to put his reliability orcredibility in question, the Employer is entitled to disqualify the Bidder/Contractor from thetender process or take action as per the procedure mentioned in the "Guideline on banning ofbusiness dealing" annexed and marked as Annexure "A".

Section 4- Compensation for Damages

(1) If the Employer has disqualified in terms of the provisions in Section 3, the Bidder/Contractorfrom the tender process prior to the award of contract, the Employer is entitled to demand andrecover the damages equivalent to Earnest Money Deposit/ Bid Security.

36

(2) If the Employer has terminated the contract during execution in terms of the provisions underSection 3, the Employer shall be entitled to demand and recover from the Contractor thedamages equivalent to Earnest Money Deposit, Security Deposits already recovered andPerformance Guarantee, which shall be absolutely at the disposal of the Employer.

Section -5 Previous transgression

(1) The Bidder/ Contractor declares that no previous transgression occurred in the last 3 years withany other Company in any country conforming to the Anti-Corruption approach or with anyother Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder/Contractor makes incorrect statement on this subject, he can be disqualified fromthe tender process or action can be taken as per the procedure mentioned in "Guideline onbanning of business dealing".

Section -6 Equal treatment of all Bidders/Contractors/Sub-Contractors

(1) The Bidder/Contractor undertakes to demand from all partners/sub-contractors (if permittedunder the conditions/ clauses of the contract) a commitment to act in conformity with thisIntegrity Pact and to submit it to the Employer before signing the contract.

(2) The Bidder/ Contractor confirms that any violation by any of his partners/sub-contractors toact in conformity with the provisions of this Integrity Pact can be construed as a violation bythe Bidder/Contractor himself, leading to possible Termination of Contract in terms of Section4.

(3) The Employer will disqualify from the tender process all bidders who do not sign this Pact orviolate its provisions.

Section 7- Criminal charges against violating Bidders/Contractors/Sub-Contractors

If the Employer obtains knowledge of conduct of a Bidder, Contractor or Partners/Sub-Contractor, orof an employee or a representative or an associate of a Bidder, Contractor or Sub-Contractor, whichconstitutes corruption, or if the Employer has substantive suspicion in this regard, the Employer willinform the same to its Chief Vigilance Officer.

Section -8 Independent External Monitor/Monitors

(1) The Employer shall appoint competent and credible Independent External Monitor for thisPact. The task of the Monitor is to review independently and objectively, whether and to whatextent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and will performhis functions neutrally and independently. He will report to the MD/RITES Ltd.

(3) The Bidder/Contractor accepts that the Monitor has the right of access without restriction to allProject documentation of the Employer including that provided by the Contractor. TheContractor will also grant the Monitor, upon his request and demonstration of a valid interest,

37

unrestricted and unconditional access to his project documentation. The same is applicable toPartners/Sub-Contractors. The Monitor is under contractual obligation to treat the informationand documents of the Bidder/Contractor/Partners/Sub-Contractor with confidentiality.

(4) The Employer will provide to the Monitor sufficient information about all meetings among theparties related to the Project provided such meetings could have an impact on the contractualrelations between the Employer and the Contractor. The parties offer to the Monitor the optionto participate in such meetings.

(5) As soon as the Monitor notices or has reason to believe that violation of the agreement by theEmployer or the Bidder/ Contractor, has taken place, he will request the Party concerned todiscontinue or take corrective action , or to take any other relevant action. The Monitor can inthis regard submit non-binding recommendations. Beyond this, the Monitor has no right todemand from the parties that they act in a specific manner or refrain from action or tolerateaction.

(6) The Monitor will submit a written report to the CMD/RITES Ltd. within 8-10 weeks from thedate of reference or intimation to him by the Employer and should the occasion arise, submitproposal for correcting problematic situations.

(7) If the Monitor has reported to the CMD/RITES Ltd. of a substantiated suspicion of an offenceunder relevant IPC/PC Act, and the CMD/RITES Ltd. has not, within reasonable time, takenvisible action to proceed against such offender or reported it to the Chief Vigilance Officer, theMonitor may also transmit this information directly to the Central Vigilance Commissioner.

(8) The word Monitor would include both singular and plural.

Section – 9 Pact Duration

This pact begins when both parties have legally signed it. It expires for the Contractor when hisSecurity Deposit is released on completion of the Maintenance Period and for all other Tenderers sixmonths after the Contract has been awarded.

If any claim is made/lodged during this time the same shall be binding and continue to be validdespite the lapse of this pact specified above, unless it is discharged/determined by MD/RITES Ltd.

Section 10 Other Provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction shall be asstated in the Contract Agreement.

(2) Changes and supplements as well as termination notices need to be made in writing.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by the Partnerin charge/ Lead Member nominated as being in-charge and who holds the Power of Attorneysigned by legally authorised signatories of all the partners/Members. The Memorandum ofUnderstanding /Joint Venture Agreement will incorporate a provision to the effect that all

38

Members of the Consortium will comply with the provisions in the Integrity Pact to be signedby the Lead Member on behalf of the Consortium. Any violation of Section 2 above by any ofthe Partners/Members will be construed as a violation by the consortium leading to possibleTermination of Contract in terms of Section 3

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of thisagreement remains valid. In this case, the parties will strive to come to an agreement to theiroriginal intentions.

RITES Ltd.Agent / Power of Attorney Holder__________________________________________________(For & on behalf of the Employer) (For the Bidder/Contractor)

(Office Seal) (Office Seal)

Place:…………………………Date:……………………….

Witness 1:

(Name & Address) --------------------------------------------------------------------------------------------------------------------

Witness 2

(Name & Address) --------------------------------------------------------------------------------------------------------------------

39

ANNEXURE-IXMandate Form

ToRITES Ltd.,------------------------------

Dear Sir,

Sub : Authorisation for payment through Electronic Fund Transfer System (RTGS/NEFT).

We hereby authorize RITES Ltd., to make all our payments, including refund of Earnest Money, through Electronic FundTransfer System (RTGS/NEFT). The details for facilitating the payments are given below:

(TO BE FILLED IN CAPITAL LETTERS)1 NAME OF THE BENEFICIARY2 ADDRESS WITH PIN CODE3 (A) TELEPHONE NO. WITH STD CODE

(B) MOBILE NO.4 BANK PARTICULARSA BANK NAMEB BANK TELEPHONE NO. WITH STD CODEC BRANCH ADDRESS WITH PIN CODED BANK FAX NO. WITH STD CODEE 11 CHARACTER IFSC CODE OF THE BANK

(EITHER ENCLOSE A CANCELLED CHEQUEOR OBTAIN BANK CERTIFICATE ASAPPENDED)

F BANK ACCOUNT NUMBER AS APPEARING ONTHE CHEQUE BOOK

G BANK ACCOUNT TYPE (TICK ONE) SAVING CURRENT LOANCASH CREDIT OTHERS

H IF OTHERS, SPECIFY5 PERMANENT ACCOUNT NUMBER (PAN)6 E-MAIL ADDRESS

I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit is noteffected at all for reasons of incomplete or incorrect information, I/We would not hold RITES ltd., responsible. Bankcharges for such transfer will be borne by us.

Dated : __________. SIGNATURE

(AUTHORISED SIGNATORY)Name : _________________

BANK CERTIFICATION

It is certified that the above mentioned beneficiary holds bank Account No.__________ with our branch and the Bankparticulars mentioned above are correct.

Dated : __________. SIGNATURE

(AUTHORISED SIGNATORY)Name : _________________

OFFICIAL STAMP

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ANNEX-A

Guidelines on Banning of Business Dealings

1. Introduction

1.1 RITES, being a Public Sector Enterprise and ‘State’, within the meaning of Article 12 ofConstitution of India, has to ensure preservation of rights enshrined in Chapter III of theConstitution. RITES has also to safeguard its commercial interests. It is not in the interest ofRITES to deal with Agencies who commit deception, fraud or other misconduct in theexecution of contracts awarded / orders issued to them. In order to ensure compliance with theconstitutional mandate, it is incumbent on RITES to observe principles of natural justicebefore banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an Agency concerned, it isincumbent that adequate opportunity of hearing is provided and the explanation, if tendered, isconsidered before passing any order in this regard keeping in view the facts and circumstancesof the case.

2. Scope

2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, has beenlaid down in these guidelines.

2.2 It is clarified that these guidelines do not deal with the decision of the Management not toentertain any particular Agency due to its poor / inadequate performance or for any otherreason.

2.3 The banning shall be with prospective effect, i.e., future business dealings.

3. Definitions

In these Guidelines, unless the context otherwise requires:

i) `Bidder / Contractor / Supplier’ in the context of these guidelines is indicated as‘Agency’.

ii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:

a) The Director shall be the ‘Competent Authority’ for the purpose of theseguidelines. CMD, RITES shall be the ‘Appellate Authority’ in respect of suchcases.

b) CMD, RITES shall have overall power to take suo- moto action on anyinformation available or received by him and pass such order(s) as he may think

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appropriate, including modifying the order(s) passed by any authority underthese guidelines.

iii) ‘Investigating Department’ shall mean any Department, Division or Unit investigatinginto the conduct of the Agency and shall include the Vigilance Department, CentralBureau of Investigation, the State Police or any other department set up by the Centralor State Government having powers to investigate.

4. Initiation of Banning / Suspension:

Action for banning / suspension business dealings with any Agency should be initiated by thedepartment/ unit having business dealings with them after noticing the irregularities ormisconduct on their part.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with RITES is under investigation by any department,the Competent Authority may consider whether the allegations under investigation are of aserious nature and whether pending investigation, it would be advisable to continue businessdealing with the Agency. If the Competent Authority, after consideration of the matterincluding the recommendation of the Investigating Department/Unit, if any, decides that itwould not be in the interest to continue business dealings pending investigation, it maysuspend business dealings with the Agency. The order to this effect may indicate a brief of thecharges under investigation. The order of such suspension would operate for a period not morethan six months and may be communicated to the Agency as also to the InvestigatingDepartment.

The Investigating Department/Unit may ensure that their investigation is completed and wholeprocess of final order is over within such period.

5.2 As far as possible, the existing contract(s) with the Agency may be continued unless theCompetent Authority, having regard to the circumstances of the case, decides otherwise.

5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informedthat its conduct is under investigation. It is not necessary to enter into correspondence orargument with the Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency beforeissuing the order of suspension. However, if investigations are not complete in six monthstime, the Competent Authority may extend the period of suspension by another three months,during which period the investigations must be completed.

6. Grounds on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to the State, sowarrants;

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6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Courtof Law for offences involving moral turpitude in relation to its business dealings with theGovernment or any other public sector enterprises or RITES, during the last five years;

6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner ofthe Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution oftenders, interpolations, etc;

6.4 If the Agency employs a public servant dismissed / removed or employs a person convicted foran offence involving corruption or abetment of such offence;

6.5 If business dealings with the Agency have been banned by the Govt. or any other public sectorenterprise;

6.6 If the Agency has resorted to Corrupt, fraudulent practices includingmisrepresentation of facts;

6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on theCompany (RITES) or its official in acceptance / performances of the job under the contract;

6.8 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying withcontractual stipulations;

6.9 Based on the findings of the investigation report of CBI / Police against the Agency formalafide / unlawful acts or improper conduct on his part in matters relating to the Company(RITES) or even otherwise;

6.10 Established litigant nature of the Agency to derive undue benefit;

6.11 Continued poor performance of the Agency in several contracts;

(Note: The examples given above are only illustrative and not exhaustive. The CompetentAuthority may decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings

7.1 A decision to ban business dealings with any Agency shall apply throughout the Company.

7.2 If the Competent Authority is prima-facie of view that action for banning business dealingswith the Agency is called for, a show-cause notice may be issued to the Agency as perparagraph 8.1 and an enquiry held accordingly.

8. Show-cause Notice

8.1 In case where the Competent Authority decides that action against an Agency is called for, ashow-cause notice has to be issued to the Agency. Statement containing the imputation ofmisconduct or mis-behaviour may be appended to the show-cause notice and the Agency

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should be asked to submit within 30 days a written statement in its defence. If no reply isreceived, the decision may be taken ex-parte.

8.2 If the Agency requests for inspection of any relevant document in possession of RITES,necessary facility for inspection of documents may be provided.

8.3 After considering the reply of the Agency and other circumstances and facts of the case, a finaldecision for Company-wide banning shall be taken by the Competent Authority. TheCompetent Authority may consider and pass an appropriate speaking order:

a) For exonerating the Agency if the charges are not established;b) For banning the business dealing with the Agency.

8.4 The decision should be communicated to the Agency concerned along with a reasoned order. Ifit decided to ban business dealings, the period for which the ban would be operative may bementioned.

9. Appeal against the Decision of the Competent Authority

9.1 The Agency may file an appeal against the order of the Competent Authority banning businessdealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferredwithin one month from the date of receipt of the order banning business dealing, etc.

9.2 Appellate Authority would consider the appeal and pass appropriate order which shall becommunicated to the Agency as well as the Competent Authority.

10. Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the banning orderpassed originally by Competent Authority under the existing guidelines either before or afterfiling of appeal before the Appellate Authority or after disposal of appeal by the AppellateAuthority, the review petition can be decided by the Competent Authority upon disclosure ofnew facts /circumstances or subsequent development necessitating such review.

11. Circulation of the names of Agencies with whom Business Dealings have been banned.

11.1 Depending upon the gravity of misconduct established, the Competent Authority of RITESmay circulate the names of Agency with whom business dealings have been banned, to theMinistry of Railways and PSUs of Railways, for such action as they deem appropriate.

11.2 If Ministry of Railways or a Public Sector Undertaking of Railways request for moreinformation about the Agency with whom business dealings have been banned a copy of thereport of Inquiring Authority together with a copy of the order of the Competent Authority/Appellate Authority may be supplied.

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12. Restoration

12.1 The validity of the banning order shall be for a specific time & on expiry of the same, thebanning order shall be considered as "withdrawn".

12.2 In case any agency applies for restoration of business prior to the expiry of the ban order,depending upon merits of each case, the Competent Authority which had passed the originalbanning orders may consider revocation of order of suspension of business/lifting the ban onbusiness dealings at an appropriate time. Copies of the restoration orders shall be sent to allthose offices where copies of Ban Orders had been sent.

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Section – 2

TENDER AND CONTRACT FOR WORKS

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SECTION 2

TENDER AND CONTRACT FORM FOR WORKS

ToAddl. General Manager (C),RITES Ltd.,RITES Bhawan,Kadbi Chowk,Nagpur 440004

Sub: TENDER FOR THE WORK OF “Construction of RCC retaining wall alongROB approach toe ROB no 96,67,55,54 & 48 in MGR railway system ofNTPC –STPP-Sipat.

(TENDER No. RITES/ GM/ NGP/ T-11-2014 DT: - 03-03-2013 ISSUED BY RITESLTD., NAGPUR)

1. I/We have read and examined the Notice Inviting Tender and Instructions to Tenderers,Special Conditions, Schedules A to F, Technical Specifications, Drawings, Schedule / Bill ofQuantities and General Conditions of Contract as well as other documents and rules referredto in GCC and all the details contained in the Tender Document for the work.

2. I/We hereby tender for the execution and completion of the work and remedy any defectstherein, specified in the Schedule of Quantities within the time specified in Schedule “F”, andin accordance in all respects with the specifications, designs, drawings and instructions inwriting referred to in Notice Inviting Tender and Instructions to Tenderers and in Clause 11 ofthe Clauses of Contract and with such materials as are provided for, by, and in respects inaccordance with, such conditions so far as applicable.

3. We agree that our tender shall remain valid for a period of 180 days from the due date forsubmission of bid or extended date as stipulated and not to make any modifications in its termsand conditions.

4. A sum of ` 1,12,430/- (Rupees One lakh Twelve thousand Four Hundred Thirty only) ishereby forwarded in the form of Banker’s cheque/Pay Order /Demand Draft issued in favourof RITES Ltd., payable at NAGPUR as the Earnest Money. Mandate Form authorizing RITESLtd to make all payments through RTGS/NEFT as per Annexure IX duly filled in, is enclosed.

5. If I/We withdraw my/our tender during the period of tender validity or before issue of Letter ofAcceptance whichever is earlier or make modifications in the Terms and Conditions of theTender which are not acceptable to the Employer, then the Employer shall, without prejudiceto any other right or remedy, be at liberty to forfeit entire Earnest Money absolutely.

6. If I/We fail to furnish the prescribed Performance Guarantee and Additional PerformanceGuarantee (if applicable) within prescribed period, I/We agree that the said Employer shall,

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without prejudice to any other right or remedy, be at liberty to forfeit the said Earnest Moneyabsolutely.

7. If, I/We fail to commence the work within the specified period, I/We agree that the Employershall, without prejudice to any other right or remedy available in law, be at liberty to forfeit theEarnest Money and Performance Guarantee and Additional Performance Guarantee (ifapplicable) absolutely.

8. Further, I/We hereby agree that in case of forfeiture of Earnest Money or both Earnest Money& Performance Guarantee and Additional Performance Guarantee (if applicable) as aforesaidin paras 5 to 7, I/We shall be debarred from participation in re-tendering process of the work.

9. On issue of Letter of Acceptance by the Employer, I/We agree that the said Earnest Moneyshall be retained by the Employer towards Security Deposit, to execute all the works referredto in the Tender document upon the Terms and Conditions contained or referred to therein andto carry out such deviations as may be ordered, upto maximum of the percentage mentioned inSchedule F at rates as stipulated in relevant Clauses of contract and those in excess of thatlimit at the rates to be determined in accordance with the provisions contained in Clauses 12.2and 12.3 of the tender form.

10. I/We hereby agree that I/ We shall sign the Formal Agreement with the Employer within 28days from the date of issue of Letter of Acceptance. In case of any delay, I/We agree that weshall not submit any Bill for Payment till the Contract Agreement is signed.

11. I/We hereby declare that I/We shall treat the tender documents, drawings and other recordsconnected with the work as secret/confidential documents and shall not communicateinformation derived there from to any person other than a person to whom I/We am/areauthorized to communicate the same or use the information in any manner prejudicial to thesafety of the Employer/State.

12. I/We hereby declare that I/We have not laid down any condition/deviation to any content ofTechnical Bid and/or Financial Bid. I/We agree that in case any condition is found to bequoted by us in the Technical and/or Financial Bid, my/our Tender may be rejected.

13. I/We understand that the Employer is not bound to accept the lowest or any tender hemay receive. I/We also understand that the Employer reserves the right to accept thewhole or any part of the tender and I/We shall be bound to perform the same at the rates

quoted.

14. Until a formal agreement is prepared and executed, this bid together with our written acceptancethereof shall constitute a binding contract between us and RITES.

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15. I am/We are signing this Tender offer in my / our capacity as one/those authorized to sign onbehalf of my/our company/as one holding the Power of Attorney issued in my favour as LeadMember by the Members of the Joint Venture.

Signature of Authorized Person/sDateName/s & Title of SignatoryName of TendererPostal AddressSeal

WitnessSignatureNamePostal AddressOccupation

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Section – 3

SPECIAL CONDITIONS

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SECTION 3

SPECIAL CONDITIONS

(i) Special Conditions relating to existing Clauses of Contract:

(ii) Additional Special Conditions

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Section -3SPECIAL CONDITIONS

1. GENERAL

1.1 NTPC Limited, Sipat Super Thermal Power Project, Distt. Bilaspur (C.G), is has setup a Thermal Power Plant of 2x500 MW at Sipat, in Chhattisgarh state. TheConstruction of Rail infrastructure for coal transportation to the plant has beenproposed.

1.2 The contractor has to work along with other agencies in and around the area allottedfor his works. He should execute all his works in complete co-ordination and co-operation with all such agencies and provide access to other agencies so that at notime either his work or the work of other agencies is stopped or delayed. In case ofany dispute in his regard, the decision of Engineer-in-charge or his representative willbe final and binding on the Contractor. No claim for idle labour, plant and machineryunder any circumstances will be entertained by NTPC/RITES Ltd.

1.3 For work close to Railway line, road, telephone line, power line (both undergroundand overhead) and structures, all precautions should be taken for ensuring thatduring the execution of the work no damage is caused to such assets and also noobstruction is caused to the movement of trains/road traffic.

1.3.1 For the work to be carried out in traffic block, contractor shall carry out the workswithin available traffic blocks and no claim for idle labour, plant and machinery onaccount of non-availability traffic block will be entertained by RITES/NTPC.

1.4 SERVICE ROAD: Contractor will provide service road/roads for movement ofmaterials as per direction of Engineer-in-charge. Contractor will also maintain theseservice roads in safe and fit condition at his own cost. He will however have noauthority to prevent use of such roads by NTPC/RITES Ltd., and other bonafidecontractors working at site. NTPC/RITES Ltd., will however, have the authority todisallow any movement on the road, which in their opinion is not in the interest ofwork, if the contractor fails to provide service road to the satisfaction of the Engineer-in-charge. It will be provided by the Engineer-in-charge at Contractor’s cost.However, in case any such road is not required for the purpose of the work, nothingshall be deducted from contractor’s payment on this account.

1.5 The contractor is required to execute the work in stretches/areas which are madeavailable to him and which may or may not be in continuous stretches. Decision ofEngineer-in-charge shall be final in this regard and binding on the contractor.Contractor shall have no claim if the stretches/areas are not available for theconstruction / repair at the same time. Extra time where requested by the Contractoron this account shall be considered by the Engineer-in-charge on case to case basis.

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1.6 The contractor shall provide a detailed schedule of work along with material andlabour deployment on monthly basis and revise or update the same every month.

1.7 The contractor will be required to establish a field laboratory for testing of compactionof earthwork / blanketing material, aggregates, bricks, concrete, bitumen and othermaterials etc. The contractor shall provide qualified personnel to run the laboratoryfor the duration of the contract. The number of staff and equipment available must atall times be sufficient to keep pace with the sampling and testing programme asrequired by the Engineer-in-charge.

1.8 The contractor shall procure all the materials well in advance so that there issufficient time for testing of the materials and clearance of the same before using inthe works. Testing of the materials i.e. concrete cubes/reinforcementsteel/moorum/earth/ stone/dust/cement/aggregate/ ballast and any other materialsshall be carried out in Govt. Engineering College, National Test House, RITESLaboratory at Nagpur or any other approved laboratories as directed by Engineer-in-charge and as per the frequency mentioned in QAP (Quality Assurance Plan) ofRITES Ltd. Cost of testing of materials shall be borne by the contractor.

1.9 The concreting work shall be done with proper and assured system of curing in dulyidentified areas with date of concreting marked in paint. In hot weather thecontractor shall take relevant care to cover the work with wet gunny bags / Hessiancloth or use continuous sprinkling of water on surface so as to keep the surface wet.

1.10 The contractor shall after completion of work, clear the site of all debris and left overmaterials, at his own expenses to the entire satisfaction of Engineer-in-charge.

1.11 Contractor should be registered with the concerned department of EmployeesProvident Fund Organization (EPFO). No payment shall be released to thecontractor until and unless the contractor submits the registration certificate and uptodate deposit receipt of provident fund due to be deposited by him.

1.12.1 At the time of submission of RA / Final bill a certificate shall be submitted by thecontractor regarding up date clearance of payment to his/their sub contractors,vendors, suppliers, labour contractor etc., if any.

1.12.2 Contractor shall submit to RITES Ltd/NTPC the entry challan of incoming materialslike cement, steel, admixture. P-.Way fitting etc., for verification of stores and record.

1.13 NIGHT WORK: The contractor would be required to carry out the work even at night,without conferring any right on the contractor for claiming for extra payment forintroducing night working. The decision of the Engineer-in-charge in this regard willbe final and binding on the contractor. Contractor shall make his own arrangementfor sufficient illumination at site. Nothing extra will be paid for doing works at night.

1.14 FIRST AID: The contractor shall maintain in a readily accessible place first aidappliance including an adequate supply of sterilized dressing and sterilized cottonwool. The appliances shall be placed under the charge of responsible person whoshall be readily available during working hours.

1.15 The contractor shall also provide, fix & be responsible for the maintenance of allstakes, templates profiles, levels, marks, points etc., and must take all necessary

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precautions to prevent these being removed altered or disturbed and will be heldresponsible for the consequences of such removal, alteration or disturbances shouldthe same take place and for their efficient reinstatement.

1.16.0 HANDING OVER OF SITE :

1.16.1 Efforts will be made by the Employer to hand over the site to the Contractor free ofencumbrance. However, in case of any delay in handing over of the site to thecontractor, the Employer shall only consider suitable extension of time for theexecution of the work. It should be clearly understood that the Employer shall notconsider any other compensation whatsoever viz. towards idleness of contractor’slabour equipment etc.

1.16.2 The Employer reserves the right to hand over the site in parts progressively to theContractor. The Contractor will be required to do the work on such released fronts inparts without any reservation whatsoever.

1.16.3 The access roads near, to the work site may not be available at the time ofMobilisation by the Contractor. The Contractor shall plan his work within the plantareas as per available roads at site. All drainage of works area and all other weathertrucable/haulage roads as required by the Contractor shall be constructed andmaintained during the construction period by the Contractor at his own cost.

1.17 The Contractor has to make temporary diversion of course of water during executionof any work conveniently free of cost.

1.18 An experienced Surveyor should be deployed at site by the contractor along withTotal Station or equivalent equipments. Nothing extra will be paid for deployingexperienced Surveyor or equipments.

1.19 The Contractor will bear all the charges of design mix and the charges for testing ofmaterials.

1.20 Contractor will have to arrange water supply and electricity connection at his ownexpenses.

1.20.1 Contractor shall quote rate of item including dewatering wherever required. No extrapayment shall be made for any type of dewatering during execution of the work.

2 The tenderer shall hold the offer open till such date as may be specified in the tender.It is understood that the tender documents have been sold / issued to the tendererand the tenderer is being permitted to tender in consideration of the stipulations onhis part that after submitting his tender, he will not resile from his offer or modify theterms and conditions thereof, in a manner not acceptable to RITES Ltd.

3 If a tenderer expires after the submission of his tender or after the acceptance of histender, RITES Ltd., shall deem such tender as cancelled. If a partner of a firmexpires after the submission of their tender or after the acceptance of their tender,RITES Ltd., shall deem such tender as cancelled unless the firm retains its character.

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4 RITES Ltd., also reserves the right to accept tender either for full quantity of work orpart thereof or divide the works amongst more than one without assigning any reasonfor any such action.

5 When the tender is submitted by the tenderer(s), it will be understood that thetenderer(s) has/have gone through carefully in detail all the instructions, conditions,general and special conditions of contract and general and special instructions/specifications for execution of the work and that the tenderer(s) has/have gothimself/themselves clarified on all points and doubts and interpretations by the properauthority of RITES Ltd.

6 Contractor’s store houses, yards etc., for stocking materials issued by RITES Ltd.,shall be located in the site premises only at locations approved by Engineer-in-charge.

7 If there is any conflict between description given in schedule of quantity andconditions mentioned in the special conditions, the schedule of quantity shall prevail.

8 Before commencing the work, joint inventory of existing materials in the track is to betaken by the representative of RITES Ltd./ NTPC and the contractor shall enter in theinventory register and jointly signed.

9 After handing over of the existing section to the contractor, the same section will bemaintained and guarded by the contractor, till all the works are completed in allrespect and handed over back to the Engineer-in-charge.

10 Adequate protection should be made while moving on public roads or adjacent andacross railway tracks. The rates quoted shall include cost of such items. Similarlythe excess rails supplied free of cost by the Employer shall be returned to thenominated stores of the RITES Ltd., at NTPC-Mouda site. No separate payment willbe made extra for these items except where otherwise mentioned. The contractorshall include such expenses for items while quoting his rates in the SCHEDULE OFQUANTITIES”.

11 The contractor will be responsible for the safe custody of P.Way materials tillcompletion of the works and handing over the track. The contractor will also beresponsible to account for the Rails issued to him and surplus if any shall be returnedby him at his cost at the store of RITES Ltd., at NTPC-Sipat site. For Rails remainingnot accounted for by being laid on track nor returned to the depot, recovery will beeffected from the contractor’s dues at rates to be decided by the Engineer-in-chargewhich will be final and binding. No wastage, breakage allowance or loss is permittedfor Rails issued to the Contractor.

12 It should be clearly understood that it is entirely the contractor’s responsibility andliability to find, procure and use the required tools and plants and accessories at hisown cost for efficient and methodical execution of the work. RITES Ltd., shall havethe right to check the sufficiency or quality of the Contractor’s tools from time to timeand the Contractor shall carry out all reasonable instructions of RITES Ltd., in thisrespect.

13 In the event of any accident at the work spot, or while transporting P.Way materials, ifit is established by the enquiry by RITES representative/Client’s representative or

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Railway/Local Civil Authority that the accident occurred wholly or partly due to any acttantamount to negligence on part of the contractor, he shall render himself liable forall damages and also legal proceedings.

14 Shifting of labour camp from place to place as the work advances will be at the costof the contractor.

15 The contractor will co-operate with the Engineer-in-charge in maintaining variousregisters, charts and records etc., in connection with the works.

16 A separate register should also be maintained by the contractor for the deploymentof contract labour at site. The registers should be made available toEmployer/RITES personnel, as and when required.

17 The work of road work of existing level crossings will be taken up only whenspecifically authorized by RITES representative after giving due notice to L-xing. Theroad surface will be made good on completion of works at contractor’s cost to theoriginal standard. No extra payment for digging up road surface for the work andrestoring the road surface will be admissible for work at level crossing.

18 Time shall be regarded as a essence of the contract and failure on the part ofcontractor to complete the work by the date stipulated in the agreement and workorder will entitle RITES Administration to recover liquidated damages/penalty.

19 RITES Administration reserves the right to alter the detailed plan and sections and tocarry out minor alterations in the plans resulting in corresponding increase ordecrease in the quantity of works without being liable to pay enhanced rates for thework or to allow extra time for completion of the work.

20 No new facilities such as roads, level crossing etc., other than those already inexistence will be made available to the contractor.

21 In case any workman is found incompetent or otherwise undesirable by RITESrepresentative at site, he should not be allowed to work under the contractor. In thismatter, the opinion of the Engineer-in-charge will be final and binding on thecontractor. Any variation of this requirement by the contractor shall be treated asfundamental breach of contract entitling RITES Ltd., to rescind the contract by giving7 days notice.

22 Particulars of work done during each day, with location where the work is done, willhave to be recorded in a register by the contractor’s site in charge and the registerwill be kept available for inspection/scrutiny by RITES’ representative. A site orderbook shall be maintained where instructions regarding work to be carried outrecorded by RITES’ REPRESENTATIVE AT SITE.

23 RITES’ representative shall have the right at all times to supervise the contractor’work and instruct the contractor and the contractor shall execute the work as per theinstructions without any lapse of time. For this purpose the contractor shall maintain asite Order book. Failure to comply with RITES representative’ instructions shall bedeemed to be a fundamental breach of contract on the part of the contractor entitlingRITES/NTPC to rescind the contract at the contractor’s risk and cost after serving anotice of 7 days.

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24 On-account payments to contractor shall be made periodically based on the quantityand item of work executed at the rates accepted under this contract and upon acertificate by the RITES’ representative that work has been done to properspecification and to the satisfaction of its representative.

25 The contractor will make all arrangements for getting passes /authorities for his menincluding making necessary application with photos for each labourer deployed forthis work and will bear all costs, any. Housing accommodation and wateringarrangements for contractor’s labour will have to be arranged by the contractor.

26 The contractor will bear all medical expenses and make immediate arrangement formedical attention to his labour, if injured on duty. He will provide “Medical Aid” Box atsite of work at his cost.

27 NTPC will provide ‘C’ FORM and WAY BILL & Form V to the contractor for availing ofsales tax rebate wherever applicable. ----This clause is DELETED ----

28 The rates quoted shall be inclusive of all taxes such as sales tax excise duty, entrytax, toll tax, turnover tax on works contract, octroi, royalty, VAT, Labour Welfare Cessand any other tax, lavy, cess etc as applicable. However, sales tax/VAT on workscontract if paid by NTPC/RITES directly the same amount shall be recovered fromcontractor’ on account bill and no exemption claims on this account shall beentertained by NTPC/RITES. Inspection charges and the charges for loading,transportation, unloading and stacking of materials at store should not be quotedseparately. The quoted rates should remain firm till completion of the entire work.

29 The contractor shall submit royalty clearance certificate wherever applicable alongwith on account bill/running account bill. If the contractor fails to submit the royaltycertificate, requisite amount will be deducted as per extant Govt. rule from his bill andbe deposited with the concerned department.

30 No payment will be made unless copy of the current & valid STCC or exemptioncertificate is submitted prior to or along with the bills.

31. Materials to be supplied by the contractor:-

i) The payment for the work will then be done on the rates as accepted in “schedule ofquantities “for the particular item of work.

ii) Before start of work permission shall be obtained from RITES/NTPC.

iii) Adequate safety precautions shall be taken to prevent any accident.

iv) The quoted rates should be inclusive of inspection Charges and all taxes and dutiesof Central, state, local bodies including Loading, transportation, unloading ,stackingat site and incorporation in to the track.

v) Actual quantity delivered at site will be considered for the purpose of effectingpayment.

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vi) Inspection is to be carried out by the RITES Quality Assurance (QA) Division orZonal Railways/RDSO with which the factory is tied up as the case may be, beforeeffecting dispatch of the materials. Inspection certificates and the original moneyreceipt of the inspection wing /Zonal Railways will have to be submitted along withthe bills as documentary evidence.

vii) RITES Ltd on behalf of NTPC reserves the right to undertake any test, if required,before acceptance of the materials on contractor’s cost.

viii) Any materials and accessories, found to be damaged at the time of receipt will not beaccepted and shall have to be replaced by good ones free of cost after being dulyinspected.

32. Procurement, Handling, leading use, accountable and payment of 60 Kg RailsDELETED.

33 COMPLETION DRAWINGS :

a) Completion drawings for the works executed shall be prepared by the contractor.

34 ABBREVIATIONSAbbreviations used for the Unit of various items are as stated below:

MT = Metric Tonne = 1000 KgsKg = KilogramRmt = Running metreCum = Cubic metreSqm = Square metreNo’s = NumbersKm = KilometerTKM = Track-KilometerM = MetreMtr = Metre

35.0 Security Deposit.

35.1 The existing condition 22 of General conditions of contract for civil works shall betreated as deleted and substituted with the following sub clauses of SpecialConditions of Contract.

35.2 The total security deposit to be furnished by the Contractor whose tender(s) may beaccepted (hereinafter called the contractor) including the amount of Earnest moneydeposited with the tender shall be 10% (ten) of the contract value subject to amaximum of ` 250.00 lakhs.

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35.3 50% (Fifty percent) of total security deposit (including the amount of EMD) shall befurnished by the contractor within 15 days from the date of issue of letter ofacceptance in the following form: -

35.4 Bank Guarantee shall be in the form given in the tender documents PROFORMA –VIII from any scheduled Bank located in India or a Foreign bank located in India andapproved by the Reserve Bank of India valid for a period of four months beyondthe defect liability / Maintenance period.

35.5 The balance 50% of Security Deposit shall be deducted( in case) from variousrunning account bills @ 05% (five percent) of work done till the total security depositreaches required total amount i.e. 10%(ten) of contract value of the work subject to amaximum of ` 250.00 lakhs

35.6 The amount of security deducted from R.A bills shall be kept in cash/bank by RITESand shall not be allowed to be substituted by the contractor in any other form. Nointerest shall be payable by RITES on the amount of security deposit deducted fromthe Running Accounts Bills.

35.7 All compensation or other sums of money payable by the contractor under the termsof this contract may be deducted from, or paid by the sale of a sufficient part of hisSecurity Deposit or from the interest arising there from or from any sums which maybe due to or may become due to the contractor by RITES on any account whatsoeverand in the event of his Security Deposit being reduced by reasons of any suchdeductions or sale as aforesaid, the contractor shall within 10 days make good incash or Guarantee Bond in favour of RITES executed by the State Bank of India orby the Schedule Bank or Government Securities endorsed in favour of RITES, or anysum or sums which may have been deducted from, or raised by sale of his SecurityDeposit or any part thereof.

35.8 Security Deposit shall be released to the contractor as per scheduled givenbelow:

1 50% (fifty percent) of total securitydeposit (release of security deposit inthe form of BG and EMD).

After satisfactory completion ofwork as certified by the Engineer-in-charge.

2. 50% (fifty percent) of total securitydeposit (release of security deposit inthe form of cash).

After payment of the Final Bill ordefect liability period whichever islatter.

35.9 Security Deposit shall not be released/ refundable to the contractor till the contractorobtains clearance certificate from the Labour office.

35.10 No interest will be payable on the earnest money or on the security deposit or on theamount payable to the contractor under the contract.

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36.0 Performance Guarantee

36.1 The contractor shall provide RITES with a financial guarantee for the due and faithfulperformance of the contract for a sum equal to 5% (Five per cent) of the TenderedValue. Such guarantee shall be in the form of a bank guarantee from an Indianschedule bank or the State Bank of India located in India or a Foreign Bank locatedin India and approved by the Reserve Bank of India or a Foreign Bank located inIndia and approved by the Reserve Bank of India, on the format already agreedupon. The Bank guarantee shall be furnished within 30 days from the date of issueof letter of acceptance/ letter of award and shall be valid for a period of four monthsbeyond the defect liability period. In case the performance of the contractor is notfound satisfactory at any stage in the opinion of Engineer-in-charge, theperformance guarantee of the contractor shall be forfeited after giving due notice tothe contractor. The decision of the Engineer-in-chare shall be final and binding onthe contractor in this regard.

36.2 The performance guarantee shall be released after satisfactory completion ofdefect liability period

36.3 The performance guarantee shall be submitted within 30 days of the date of issue ofletter of acceptance. No payments shall be released to the agency till submission ofperformance guarantee except advances to be given as per contract condition.

37.0 Rates and Prices

37.1 The Tenderers shall quote their rates for all items described in the Schedule ofQuantities. Items against which no rate or price is entered by the tenderer will not bepaid for by RITES/NTPC when executed and shall be deemed to be covered by theother rates and/or prices quoted in the Price Bid Document.

37.2 The tenderer should quote their rates in figures as well as in words. In case ofdiscrepancy between the unit rates quoted in figures and in words, the unit ratesquoted in words shall prevail.

37.3 The amount for each item should be worked out and the requisite totals given. Incase of discrepancy between the unit rate and the total amount derived frommultiplication of unit rate and the quantity, the unit rate as quoted will govern and thetotal amount will be corrected.

37.4 The tenderers are not required to quote their rates against items for which no quantityis mentioned. In case the rates against such items are quoted, these rates will beignored during the evaluation of bids and will also not be used during the execution ofthe work.

37.5 The tenderers are not permitted to quote their rates in units other than the unitsmentioned in the Tender Documents against the individual items. In case the ratesare quoted in units other than the units mentioned in the Tender Documents, the unitsmentioned by the tenderer shall be ignored and the units mentioned in the TenderDocuments will be deemed to apply for evaluation of the tender as well as theexecution of the item.

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37.6 All rates shall be quoted only on the proper form of the tender and each page of theSchedule of Quantities shall be signed. Any cutting or over-writing shall be initialed.

37.7 While quoting the rates in the Schedule of Quantities the word "Only" should bewritten closely, following the amount and it should not be written in the next line.

37.8. The rates quoted by the tenderers shall be inclusive of all taxes, royalty, octroi andlevies etc. levied by Central/State Govt. and the contractor shall pay the aforesaidtaxes, levies, duties etc. directly to the Central/State Govt. RITES/NTPC will have noliability whatsoever on any account to pay any taxes, levies, duties etc. levied byCentral/State Govt. pertaining to execution of the works

37.9 The rates for all items of work shall, unless clearly specified, otherwise include cost ofall labour, material and other inputs involved in the execution of the item.

37.10 The rates quoted by the tenderers shall be fixed/firm and no adjustment during thecurrency of the contract. No compensation on any account shall be paid to thecontractors e. g. due to delay in handing over of the site, interruption in the work dueto any reason other than those occurring due to war-like situations, reduction inquantities and/or reduction in scope of work.

37.11 Under Section 194-C of the Income Tax Act, 1961 deduction of Income Tax will bemade for sums paid for carrying out the work under this contract as per the prevailingrate.

37.12 The tenderer/s shall not increase his/their rate/s in case of negotiation. Negotiationsshall not amount to cancellation or withdrawal of original offer and rates originallyquoted will be binding on the tenderer(s).

37.13. While quoting rates, the bidders must keep in consideration that all assets constructedby him shall be maintained for a period of twelve months from the date of issue ofcompletion certificate by the Engineer-in-charge No payments whatsoever, towardsdefects free maintenance of assets for these 12 months of defectsliability/maintenance period shall be made to him.

38.0 SALES TAX ON WORKS CONTRACT, TURNOVER TAX, OTHER TAXES,DUTIES, LEVIES ETC.

38.1 The award of work under this Contract shall be on “ Works Contract Basis”, TheContractor shall be responsible for payment of any tax levied on the transfer ofproperty or goods involved in the “ Works Contract” under Maharashtra StateGovernment Sales Tax Act and the rules made there under including amendments ifany. This liability shall be to the Contractor’s account and it shall not be reimbursedby RITES Ltd., Tax deductions at source shall be made as per laws prevalent in thecountry.

38.2 It will the incumbent upon the Contractor to obtain a registration certificate as a dealerunder the Local Sales Tax Act and the Central Sales Tax Act and necessaryevidence to this effect shall be furnished by the Contractor to RITES Ltd. Sales tax onthe transactions between the Contractor and his sub-contractors/Vendors etc. shallnot be reimbursed by RITES Ltd.

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38.3 The Contractor shall be responsible for any taxes that may be levied hereinafter onthe transactions between Contractor and RITES Ltd.

38.4 The Contractor shall be liable and responsible for the payment wherever payable, ofthe taxes, import duties, tolls, octroi duties, excise duty, levies, entry tax, Cess,Royalty, Seinorage charges etc. on all services, materials and articles’ that he mayuse for this work. Any increase in the aforesaid taxes, import duties, tolls, octroiduties, excise duty, levies, entry tax, service tax, Cess, Royalty, Seinorage chargesetc. that may arise during the currency of the contract shall be entirely on theContractor’s accounts.

38.5 NTPC will provide form C and waybill to the contractor for availing of Sales Taxrebate wherever applicable. In case NTPC/RITES fails to provide from ‘C’ and waybill additional sales tax as paid by the contractor on account of non issue of Form-C,will be reimbursed to the contractor on production of proof of payment of Sales Taxby the Contractor. ----This clause is DELETED ----

38.6 The item rates quoted shall be inclusive of all taxes such as Sales Tax (against issueof Form-C) Excise Duty, Entry Tax, Toll Tax, Turnover Tax on works contract, Octroi,Royalty and any other tax or levy etc., as applicable. However sales tax on workcontract, if paid by NTPC/RITES directly, the same amount shall be recovered fromthe contractor’s on account bills and no exemption claims on this account shall beentertained by RITES Ltd.

38.7 The contractor shall pass on all other tax benefits if available to the NTPC. NTPCshall keep RITES informed about the areas where NTPC can avail such benefits andRITES shall then accordingly advise the contractor who shall take suitable action toavail them and then pass on such tax benefits to NTPC.

39.0 Contract Price Adjustment:

Refer Clause 25 of GCC. However, this clause is not applicable for thiscontract.

40.0 PAYMENT ON ACCOUNT

All efforts shall be made to release the payment within the period mentioned in clause24.0 of GCC. RITES will not be responsible for any delay in releasing payment ofRunning bills beyond the stipulated time as mentioned in clause 24.0 of GCC due tonon-availability of fund with RITES. The payment will be made only when the fundsare made available by NTPC to RITES. The contractor will not be entitled to anyclaim on RITES for delay in payment due to non-availability of fund. No interest willbe paid on any delay on the payment of RA bills/ Final bill.

41.0 Clarification Regarding Tender

Bidder's attention is drawn that during the period, the bids are under consideration.the bidders are advised to refrain from contacting by any means, the Owner and/orhis employees/representatives on matters related to the bid under consideration andthat if necessary, Owner will obtain clarifications in- writing or as may be necessary.

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42.0 Addenda/ Corrigenda

Addenda/Corrigenda to the tender documents may be issued prior to the date ofopening of the tender to clarify or effect modification in specification and/or contractterms included in various tender documents. The tenderer shall suitably take intoconsideration such Addenda/Corrigenda while submitting his tender. All Addenda!Corrigenda shall be signed and stamped on each page by the tenderer andshall become part of the tender documents.

43.0 EVALUATION OF BIDDERS

43.1 Purchase Preference shall be considered as per prevailing Govt. Rules.

43.2 The tenders will be evaluated as per the criteria given in the technical bid.

43.3 RITES does not bind itself to accept the lowest or any tender and reserves to itselfthe right of accepting the whole or any part of tender or split up the work betweenmore than one tenderer or reject any or all the tenders without assigning any reasonwhatsoever and tenderer shall be bound to perform the same at the rates quoted.

43.4 If, the tenderer expires after the submission of his tender or after the acceptance ofhis tender the RITES shall deem such tender as cancelled. If a partner of a firmexpires after the submission of their tender or after the acceptance of their tender, theRITES shall deem such tender as cancelled, unless the firm retains its character.

43.5 The tenders submitted by the tenderers who do not meet the QualificationsRequirements stipulated in the Tender Documents or who offer Price Bids or rateswhich are valid and open for acceptance/award for a period less than 120 days fromthe date of opening of tenders, will be rejected. Earnest money of the tenderscontaining the above mentioned restricted validity of Price Bids or rates is liable to beforfeited.

44.0 Abnormally High or Low Rated Items : NOT APPLICABLE.

45.0 WATER & POWER SUPPLY

Clause No. 41 of General Conditions of Contracts (GCC):

46.1 Water Supply

Replace the existing clause 41 of GCC by the following:

No water will be supplied by NTPC/RITES for any purpose. The Contractor shallmake his own arrangement at his own cost. No claim will be entertained on thisaccount.

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46.2 Power Supply

Replace the existing clause 41 of General Condition of Contract by the following.

No power will be supplied by NTPC/RITES for any purpose. The Contractor shallmake his own arrangement at his own cost. No claim will be entertained on thisaccount.

47.0 LAWS GOVERNING THE CONTRACT

Add the following at the end of the clause 6.0 of GCC, titled "Laws Governing theContract"- "And the Nagpur Court shall have exclusive jurisdiction".

48.0 Equipments/Machinery to be Deployed by the Contractor.

The minimum equipment and machinery to be deployed by the Contractor for theexecution of work shall be as as under:-

1) Concrete mixer of suitable capacity, Vibrators, Shuttering

2) Excavator and Tippers

3) Dozers (-- DELETED--)

4) Generator of suitable capacity

5) Roller (Vibratory) (--DELETED--)

6) Tools and Plants for P.Way work. (–DELETED---)

49.0 QUALITY ASSURANCE PROGRAMME

49.1 Sampling, testing and quality assurance requirement are given in GeneralSpecification. All costs required for testing of materials as per technical specificationsshall be borne by Contractor.

50.0 TEMPORARY WORKS AND ENABLING WORKS

50.1 The sitting and nature of all offices, huts, access road to the work - areas, accesstracks to work areas, bunds, sumps, channels and all other temporary works as maybe required for the proper execution of the works shall be subject to the' approval ofthe Engineer-in-Charge. These works shall be executed by the Contractor at his owncost. All the equipments, labour, materials including cement, reinforcement steelstructural steel , H.T. strands etc. required for the enabling works associated with theentire Contract-shall have to be arranged by the Contractor only. . Nothing extra shallbe paid to the Contractor on this account and the unit rates quoted by the Contractorfor various items in the Schedule of Items shall be deemed to include the cost ofenabling works.

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50.2 The Contractor shall make his own arrangement for approach to the work siteincluding borrow I disposal area and for movement of men, machinery, otherrequirement etc. required for carrying out the work included under this Contract.

51.0 SHIFT WORK

51.1 To achieve the required progress, two or more shifts a day may be necessary forexecuting the work. The period of completion and number of working days shall notbe affected by the number of shifts each day. No extra amount on account of anyshift work is payable to the Contractor.

51.2 Wherever, the work is carried out at night, adequate lighting of working areas andaccess paths should be provided by the Contractor at his cost. Sufficient noticeshould be given by the Contractor to the Engineer-in-Charge regarding the details ofworks in shifts so that necessary supervision could be provided.

52.0 CO-OPERATION WITH OTHER AGENCIES

The Contractor shall attend at his cost, all the meetings with the Engineer-in Charge,other Contractors and the Consultants of the Owner for the Contract. The Contractorshall attend such meetings as and when required and fully cooperate with suchpersons and agencies involved.

53.0 Defect Liability period

53.1 Defect Liability period shall be 12 months reckoned from the date of issue ofcompletion certificate by Engineer in charge and handing over of works toRITES/NTPC. Also through out the defect liability period of 12 months sufficient staffand materials/equipments etc. will be arranged by the contractor to enable to carryout the repairs/rectification immediately whenever pointed out by NTPC/RITES.

53.2 In case the defect liability are such as can not be rectified or the contractor fails torectify completely to the satisfaction of Engineer-in-charge, then RITES/NTPCreserves the right to accept the work at reduced rates or to get the rectification workdone at the risk and cost of the contractor. The decision of RITES/NTPC in thisregard shall final and binding on the contractor and shall be beyond purview of the“Settlement of disputes and Arbitration” clause of General Conditions of Contract.

53.3 The contractor shall be responsible for rectification of defects arising out of defectivework man-ship/ defective materials for this period of twelve months from the date ofcompletion of the work and shall be responsible for replacement of all defectivematerials and for rectification of all defects at his own cost. The assets shall behanded over to RITES/NTPC at the end of the maintenance period as per stipulationsgiven in Technical Specifications.

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53.4 Maintenance / Defect liability period :

i) The maintenance of all assets / works of the project handed over to thecontractor by client / constructed by the contractor will be the responsibilityof the contractor, during the period of construction.

ii) The contractor shall be responsible for rectification of defects arising out ofdefective work man-ship/ defective materials for this period of 12 (Twelve)months from the date of completion of the work and shall be responsiblefor replacement of all defective materials and for rectification of all defectsat his own cost. The assets shall be handed over to Engineer-in-charge/NTPC at the end of the maintenance period.

53.4.1 Handing over of track/ Asset by the contractor to NTPC on completion ofMaintenance period of 12 (Twelve) months:

i) On expiry of the maintenance period of 12 (Twelve) months aftercompletion of works, the works shall be handed over by the contractor toRITES/ NTPC.

54.0 CONTRACT COORDINATION PROCEDURES, MEETINGS & PROGRESSREPORTING COORDINATION

54.1 The Contractor shall prepare and finalize in consultation with RITES Ltd/NTPC, adetailed Contract coordination procedure within 30 days from the date of issue ofLetter of Acceptance for the purpose of execution of the contract.

54.2 The Contractor shall have to attend all the meetings at his own cost withNTPC/RITES or Consultants of NTPC/RITES during the currency of the Contract, asand when required and fully cooperate with such persons and agencies involvedduring these discussions.

54.3 During the execution of the work, Contractor shall submit at his own cost a detailedmonthly progress report to the Engineer-in-Charge in three copies by 7th of everymonth.

55.0 SITE LABORATORY

55.1 Necessary Arrangements are required for Cube Testing and grading of aggregates.

56.0 AWARD OF CONTRACT & CONTRACT AGREEMENT

56.1 RITES will award the contract for and on behalf of NTPC to the tenderer who hassubmitted complete documents as detailed above and who has offered the lowest bidprice. Not withstanding these criteria the tender of the bidder who has given anyspecial conditions/ deviations from the tender conditions shall be liable to be rejected.

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56.2 Prior to the expiration of the period of Bid validity prescribed by RITES, the RITES willnotify the successful tenderer by cable or telex/fax to be confirmed in writing byRegistered letter that his/ their tender has been accepted. This letter hereinaftercalled the Letter of Acceptance shall constitute the formation of contract. Thecommencement date of the work shall be reckoned from 15 days after the date ofissue of Letter of Acceptance or from the first day of of the handing over of the site,whichever is later.

56.3 The successful tenderers shall be required to execute an agreement with RITES asper Performa given in Annexure-VII for carrying out the work as per agreed conditionswithin 30 days of issue of letter of acceptance. The cost of stamp papers for theagreement will be borne by the contractor. The schedule of activities in this regardshall be as follows:-

a) Submission of stamp papers by the contractor- within 10 days from the date ofissue of letter of acceptance of contract.

b) Preparation of document of agreement by RITES within 20 days from the date ofissue of letter of acceptance of contract.

c) 50% ( Fifty percent) of total security deposit (including the amount of EMD) shallbe furnished by the contractor within 15 days from the date of issue of letter ofacceptance in the form as specified in clause 41.3 of SCC.

d) Signing of contract agreement by the contractor and RITES- within 30 days fromthe date of issue of letter of acceptance.

e) Penalty payable by the contractor for default of item(a), & (c) for each above:

56.4 The contractor shall be liable to pay a penalty of Rs.1000/- for each item i.e.(a) & (c)per day to RITES for the delay, if he fails to execute item (a) and (c) above within thestipulated time period mentioned above.

56.5 On acceptance/award of the tender, the name of the accredited representative(s) ofthe contractor who would be responsible for taking instructions from the Engineer-in-Charge shall be communicated to the Engineer –in-charge.

56.6 The tenderer whose tender is accepted shall be required to appear at the office of theRITES in person, or through a duly authorized representative and to execute thecontract documents/agreement within 30 days from the date of issue of the ‘Letter ofacceptance’ to him/them. Failure to do so shall not only attract penalty as per Clause- 61 of these instructions but will also constitute a Breach of the agreement effectedby the acceptance/award of the tender, in which case, the earnest moneyaccompanying the tender shall be forfeited by the RITES as liquidated damages forsuch default.

56.7 In the event of any tenderer whose tender is accepted shall refuse to execute thecontract agreement, RITES may determine that such tenderer has abandoned thecontract and there upon his tender and the acceptance/award thereof shall be nulland void and RITES shall be entitled for forfeit the full earnest money as liquidateddamages for such default.

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56.8 Unless and until the Agreement is signed as above, no payments shall be released tothe Contractor by the RITES/NTPC under the Contract as per clause 51 and 52 of theGeneral Conditions of Contract for Civil Works (GCC).

56.9 Contractor’s responsibility for this contract shall commence from the date of issue ofLetter of Acceptance of his/her/their tender.

56.10 RITES have been appointed as Project management consultant by NTPC to executethe work for and on behalf of NTPC under power of Attorney and will act as per thatPower of Attorney.

57.0 QUANTITY VARIATION LIMIT

The quantity variation shall. be as per Clause 49.2 & 49.3 of GCC.

58.0 TRANSFER OF BIDDING DOCUMENTS

Transfer of bidding documents purchased by one intending bidder to another is notpermissible.

59.0 STAFF QUARTER

It is the responsibility of the contractor to arrange accommodation and hutment at hiscost.

60.0 SITE ORGANISATION

Bidder shall depute well qualified and experienced personnel for administration andexecution of the Contract at site in the area of planning, procurement &contracts/construction, electrical, mechanical, quality assurance, personnel, finance,safety etc.

61.0 PREVENTION OF POLLUTION.

Contractor shall make necessary arrangement to prevent pollution of the water in anystream, springs, nallah, river and lakes.' The Contractor shall be solely responsibleand liable for all damage caused by any pollution that may take place during theexecution of the work.

62.0 EXPLOSIVES

62.1 Permission for the use of explosives shall be obtained from the Engineer-in-Chargeand shall be used only under close supervision.

62.2 It shall be responsibility of the Contractor to seek and obtain any necessary permitsand to ensure that the requirements of the authorities are' complied with all respects.Failure to do so may result in the Engineer-in-Charge withdrawing permission to useexplosives.

62.3 Under no circumstances blasting shall be permitted at night. The indemnificationprovided for under the General Condition of Contract shall include indemnificationagainst all claims in respect of any incident arising from the use of explosives.

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63.0 Appointment of safety Officer.

The Contractor or Contractor’s Engineer or Contractor’s Supervisor who is directlyengaged in supervision of the work should go through General Safety awarenesstraining programme at least for two days at any reputed organization or Training byNTPC before the start of the work. A certificate in this respect has to be obtained andsubmitted to Engineer-in-Charge. The EIC should not allow the work to start withoutthis training as well as training to his workmen. Such designated safety officer candischarge the responsibility of ensuring safety at work site. Besides above daily PEPtalks to be conducted at workplace for refreshing awareness. The contractor shoulddeploy safety officer separately for this work.

64.0 EMPLOYMENT OF TECHNICAL STAFF AND EMPLOYEES

Contractor shall provide all necessary superintendence During execution of work andas long thereafter as may be necessary for proper fulfilling of the obligations underthe contract.

Minimum Qualifications & Experience required for PrincipalTechnical Representative shall be as follows:

(a) Site Manager Graduate with experience orretired assistant Engineerpossessing at leastrecognized diploma inEngineering

65.0 Confirmation of quantities, RDSO drawing Nos of P-Way material.

Quantities, RDSO drawing nos of P-Way material and LH & RH of turnouts should beconfirmed from Engineer in charge before processing for procurement.

66.0 Contractor should have adequate arrangement for deploying cranes for loading,unloading operation along with trucks / trailers for transporting P.Way materials.

67.0 In case there is any conflict between special conditions of contract and generalconditions of contract, special condition shall prevail

68.0 Successful bidder (i.e. the bidder to whom the work shall be awarded) shall have toagree to offer suitable rebate to maintain the lowest position to avoid the vitiation aftercompletion of work.

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69.0 Drawing issued (if any) along with the tender are tentative for broad idea and subjectto changes during Railway’s approval. Work shall be executed by contractor only asper approved drawings issued from time to time during execution of work.

70.0 LIST OF MINIMUM LABORATORY EQUIPMENTS TO BE PROVIDED FOR THEFIELD QUALITY CONTROL LABORATORY.

As per the site requirement and directions of the Engineer-in-charge.

71.0 Contractor should finalize and submit a quantified PERT Chart within 15 days afterissue of LoA, indicating various key activities such as Field Construction activity, No.of equipments to be mobilized in phase manner, Dispatch & delivery of materials atsite.

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Sheet -1

FORM OF AGREEMENT

Agreement No.______________________________________ dated ________________

THIS AGREEMENT is made on_______________day of______________Two thousandFive Between RITES Ltd., A Govt.of India Enterprise and a Company registered under IndianCompanies Act, 1956 having its registered office at Scope, Minar, Laxmi Nagar, Delhi 110 092and its Corporate Office at RITES Ltd., RITES Bhawan, No.1, Sector-29, Gurgaon -122 001(Haryana) representing through Chairman Managing Director, RITES Limited and acting for andon behalf of NTPC Ltd., hereinafter called the Construction Agency (which expression shall,wherever the context so demands or requires, includes their successors in office and assigns)on the one part and M/s.________________________________ hereinafter’ called theContractor (which expression shall wherever the context so demands or requires,

WHEREAS the Construction Agency is desirous that certain works should be executedviz. (brief description of the work) ……………………………………and has by Letter orAcceptance dated……………. accepted a tender submitted by the contractor for the execution,completion and maintenance of such works.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this agreement words and expressions shall have the same meaning as arerespectively signed to them in the conditions of contract hereinafter referred to.

2. The following documents in conjunction with Addendum/Corrigendum to Tenderdocuments shall be deemed to form and be read and construed as part of theagreement viz:

(a) This Form of Agreement.(b) The Letter of Acceptance.(c) The Priced Schedule of Quantities (Vol.II)(d) The Technical Specifications (Vol.I).(e) The Special Conditions of Contract (Vol.I).(f) Amendment/Errata No.1 to GCC (Vol.I)(g) The General Conditions of contract (Vol.I)

3. The following documents in conjunction with Addendum/Corrigendum to Tenderdocuments shall be deemed to form and be read and construed as part of theagreement

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Annexure –1Sheet -2

3. The aforesaid documents shall be taken as complementary and mutually explanatory ofone another, but in the case of ambiguities or discrepancies, shall take precedence in theorder set out above.

4. In consideration of the payment to be made by the construction agency to the contractoras hereinafter mentioned, the contractor hereby covenants with the conformity in allrespects within the provisions of the contract.

5. The construction agency thereby covenants to pay to the contractor in consideration ofthe execution, completion and maintenance of the works at contract price at the time andin the manner prescribed by the contract.

In WITNESS whereof the parties hereto have caused their respective common seals to behereinto affixed (or have herewith set their respective hands and seals) the day and year firstabove written.

SIGNED, SEALED AND DELIVERED BY M/S.

_________________(for contractor) ___________________(for RITES Ltd.)

In the capacity of ________________ In the capacity of __________________

On behalf of: For and on behalf of NTPC Ltd.

…………………………………

In the presence of In the presence of

1. _____________________ 1. _________________________

2. _____________________ 2. _________________________

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PROFORMA - ISheet – 1

M/S. RITES LTD.

LETTER OF SUBMISSION OF TENDER(To be typed by Contractor on his letter head)

From : ______________________________________________________________________________

To :..........................

R I T E S....................................................

Name of the work : Construction of RCC retaining wall along ROB approachtoe ROB no 96,67,55,54 & 48 in MGR railway system ofNTPC –STPP-Sipat.

Ref : Tender No. RITES/ GM/ NGP/ T- 11 – 2014 DT:- 03-03-2014.

Dear Sirs,

1 Having examined the Drawings, Conditions of Contract, Specifications, Bill ofquantities etc. Incorporated in the tender document for the execution of theabove named works, and having visited and examined the site of the said works.I/We the undersigned, offer to execute, complete and maintain the whole ofthe said works in conformity with the said drawings, conditions of contract,specifications, Bill of Quantities etc. for the sum as indicated in the Bill ofQuantities or such other sum as may be ascertained in accordance withthe said conditions.

2 Should this tender be accepted I/we undertake to commence the work within__ days of issue of the Letter of Acceptance for the work and further undertaketo complete and deliver the whole of the works comprised in the contractwithin __ months from the date of issue of Letter of Acceptance.

3 I/We agree to abide by this tender for a period of __ months from the date ofopening of the bid/or such extended period as may be mutually agreed asprescribed in clause6.0 of the Instruction to Tenderers and it shall remainbinding upon us and may be accepted at any time before the expiration of thatperiod.

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PROFORMA - ISheet – 2

4 A sum of `........ towards earnest money in the form of....... in terms of clause9.0 of the Instructions to tenderers, is enclosed herewith.

5 Unless and until an agreement is prepared and executed this tender,together with your written acceptance thereof, shall constitute a bindingContract between us.

6 We understand that you are not bound to accept the lowest or any tender youmay receive.

7 Name of the partners of the firm authorised to sign....................................

orName of person having power of attorney to sign the contract (Certified truecopy of the Power of Attorney should be attached)

8. Correspondence address of Contractor:-

(The bidder should write his address and other details below at which thecorrespondence shall be made regarding this tender. In case of any change inthe address provided below contractor has to inform RITES immediately).

a) Correspondence Address :- _________________________

_________________________

_________________________

b) Telephone No (alongwithSTD Code) :- __________________________

c) Fax:- __________________________

d) Name of Contact Person :- __________________________

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PROFORMA - ISheet – 3

All the correspondence shall be made by RITES at the above providedaddress/phone/Fax numbers only.

Yours faithfully,

SIGNATURE(S) OF THE TENDERER(S)

Permanent address..............

Local address ..............

Note: The Contractor is to fill up the blanks in the above form before signing andsubmitting the tender.

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Proforma-IISheet-1

ACCEPTANCE LETTER(To be typed by Contractor on his letterhead)

Dated.

To.

Sir,

No-counter conditional Acceptance of tender conditions

1. I have read and examined all the conditions in the tender document for the work ofconstruction of _____________________________________and we herebyunconditionally accept the tender conditions entirety for the above work.

2. I/We hereby submit our tender and undertake to keep our tender valid for a period of________months from the date of opening of tender.

3. I/We undertake to execute the above items strictly in accordance with the requirementsand particulars/specifications stipulated in the tender documents.

4. I/we hereby further undertake that during the said period:-I/we shall not vary/alter or revoke my/our tender during the validity period of tender.

I/we have quoted for the complete tender.

I/we undertake to abide by the terms and conditions as stipulated in your tenderdocuments and as amended thereafter.

5. I/we have not enclosed any conditions/deviations to conditions of tender in the Price Bid.

`I/we agree that in case of any condition is found to be quoted by us in the Price mytender will be rejected and my earnest money is liable to be forfeited.

6. This undertaking is in consideration of RITES/NTPC agreeing to open my tender,consider and evaluate the same for the purpose of award of work in terms of provisionsof tender documents. Should this tender be accepted. I/we also agree to abide by andfulfill comply with all the terms, conditions and provisions of the above mentioned tenderdocuments.

76

Proforma-IISheet-2

I hereby submit Earnest Money deposit of Rs.------------------through Bank Draft/Pay OrderNo.-----------------------.

Signature alongwith Seal of the company---------------------------------------------------(duly authorised to sign the Tender on

behalf of the Contractor)

Name -------------------------Designation -----------------------

Name of the Company ---------------------(In block Letters)

WITNESS Date & Postal address

Signature -----------------------

Date

Name and address Telegraphic address

-------------------------------------Telephone No.Telex No.

77

PROFORMA -VIIISheet - 1

FORM OF BANK GUARANTEE TOWARDS SECURITY DEPOSIT

(ON NON-JUDICIAL PAPER OF APAROPRIATE VALUE IN THE NAME OF THE BANK)

To:The General Manager(P),RITES Ltd.,1,RITES Bhawan,Kadbi chowk,Nagpur 440004

Name of the work :Dear Sir(s)

1) In consideration of RITES LTD., (herein-after called "the RITES LTD.) representingthrough its Managing Director having the registered office at Scope, Minar, Laxmi Nagar,Delhi 110 092, Corporate Office at RITES BHAWAN, Sector-29, Gurgaon, Haryana andProject office at 1,RITES Bhawan, Kadbi chowk, Nagpur acting for and on behalf of forNTPC having agreed to exempt M/s. ___________________________________________ hereinafter called "the said Contractor(s)" from thedemand, under the terms and conditions of an agreementNo.___________________________dated _______________made between RITES,Nagpur and the Contractor for (name ofwork)_____________________________________________________________________________________ (hereinafter called "the said agreement'), of security depositfor the due fulfillment by the said Contractor(s) of the terms and conditions containedin the said Agreement, on production of a Bank Guarantee for Rs.______________________ only) we ____________________ (hereinafter referred toas the bank) at the request of M/s. ______________________ (Contractor(s) dohereby undertake to pay to the RITES an amount not exceeding Rs.______________________________ only) against any loss or damage caused to orsuffered or would be caused to or suffered by the RITES by reason of any breach bythe said Contractor(s) of any of the terms & conditions contained in the saidagreement.

2. We, ___________________________ do hereby undertake to pay the amounts dueand payable under this guarantee without any demur, merely on a demand from theRITES stating that the amount claimed is due by way of loss or damage caused to orwould be caused to or suffered by the RITES by reason of breach by the saidcontractor(s) of any of the terms & conditions contained in the saidagreement or by reason of the contractor(s) failure to perform the said agreement.Any such demand made on the bank shall be conclusive as regards the amount dueand payable by the Bank under this guarantee. However, our liability under thisguarantee shall be restricted to an amount not exceeding Rs.______________(Rupees________________only).

78

PROFORMA - VIIISheet - 2

3. We, undertake to pay to the RITES any money so demanded notwithstanding anydispute or dispute raised by the contractor(s)/ Supplier(s) in any suit or proceedingpending before any court or Tribunal relating thereto our liability under this presentbeing absolute and unequivocal.

The payment so made by us under this bond shall be a valid discharge of our liabilityfor payment thereunder the contractor(s)/supplier(s)/shall have no claim against us formaking such payment.

4. We, _____________________(name of the bank) further agree that the guaranteeherein contained shall remain in full force and effect during the period that would betaken for the Performance of the said agreement and that it shall continue to beenforceable till all the dues of the RITES under or by virtue of the said Agreementhave been fully paid and its claims satisfied or discharged or till the Group GeneralManager(P), 1,RITES Bhawan, Kadbi chowk, Nagpur certified that the terms andconditions of the said agreement have fully and properly carried out by the saidcontractor(s) and accordingly discharges this guarantee is made on us in writing on orbefore ____________, we shall be discharged from all liability under this guaranteethereafter.

5. We, ___________________(name of the bank) further agree with the RITES that theRITES shall have the fullest liberty without our consent and without affecting in anymanner our obligations hereunder to vary any of the terms and conditions of the saidagreement or to extend time of Performance by the said contractor from time to time orto postpone for any time or from time to time any of the powers exercisable by theRITES against the said contractor(s) and to forbear or enforce any of the terms andconditions relating to the said agreement and we shall not be relieved from our liability byreason of any such variation, or extension being granted to the said contractor(s)or for any forbearance, act or omission on the part of the RITES or any indulgence bythe RITES to the said contractor(s) or any such matter or thing whatsoever whichunder the law relating to sureties would, but for this provision, have effect of so relievingus.

6. This guarantee will not be discharged due to the change in the constitution of the Bankor the contractor(s) /Supplier(s).

7. We, ______________________(name of the bank) lastly undertake not to revoke thisguarantee during its currency except with the previous consent of the RITES in writing.

8. Notwithstanding anything contained herein above our liability under this guaranteeshall:-

a) be limited to a sum of Rs.______________________only).

79

PROFORMA - VIIISheet - 3

b) stand completely discharged and all your rights under this guarantee shall standextinguished if no claim or demand made upon us in writing on or before_____________.

For _________________________________(indicate the name of bank)

Bank Guarantee No. __________________

Date ________________________

80

PROFORMA -IXSheet - 1

FORM FOR ADVANCE MOBILISATION LOAN(BANK GUARANTEE)

On non-judicial stamp paper (of appropriate value) in the name of Bank.

To,

Name of the Work__________________________________

1) In accordance with the provisions of the conditions of contract for release ofMobilisation Advance carrying simple interest @ 14.5% interest per annum on theabove mentioned contract, M/s___________________________________________(Name and address of Contractor) shall deposit with RITES Ltd. New Delhirepresenting through its Managing Director having the registered office at ScopeMinar, Laxmi Nagar, Delhi 110 092,Corporate Office at RITES BHAWAN, Sector-29,Gurgaon, Haryana and Project office at 1,RITES Bhawan, Kadbi chowk, Nagpur actingfor and on behalf of the NTPC a bank guarantee to guarantee his proper and faithfulPerformance under the relevant clause(s) of the contract for an amount of (Amount ofGuarantee)Rs.______________________________ we, (theBank)____________________________________as instructed by the Contractor,agree unconditionally and irrevocably to guarantee as primary obligator and not assurety merely, the payment to RITES/Nagpur on his first demand without whatsoeverright of objection on our part and without his first claim to the Contractor, the amountnot exceeding (amount of Guarantee)Rs._____________________________(Rupees in words)_________________only) inthe event that the obligation expressed in the clauses of the above mentionedContract have not been fulfilled by the Contractor giving the right of the claims to theEmployer for recovery of the whole or part of the Mobilisation Advance from theContractor under the Contract.

2. We_____________________________________do hereby under- take to paythe amounts due and payable under this guarantee without any demur, merely on ademand from the RITES stating that the amount claimed is due by way of loss or damagecaused to or would be caused is due by way of loss or damage caused to or suffered bythe RITES by reasons of breach by the said contractor/s of any of the terms orconditions contained in the said Agreement or by reasons of the contractor/s' failure toperform the said Agreement. Any such demand made on the bank shall be conclusive asregards the amount due and pay-able by the Bank under his guarantee. However, ourliability under this guarantee shall be restricted to an amount not exceedingRs.______________________________.

PROFORMA - IXSheet - 2

3. We, undertake to pay to the RITES any money so demanded notwithstanding anydispute or disputes raised by the contractor(s)/supplier(s) in any suit or

81

proceeding pending before any court or tribunal relating there to our liability underthis present being absolute and unequivocal. The payment so made by us under thisbond shall be valid discharge of our liability for payment thereunder and thecontractor(s)/supplier(s) shall have no claim against us for making such payment.

4. We ,_____________________________________ further agree (indicate the nameof the bank) that the guarantee herein contained shall remain in full force andeffect during the period that would be taken for the Performance of the saidAgreement and that it shall continue to be enforceable till all the dues of theRITES under or by virtue of the said Agreement have been fully paid its claims satisfiedor discharged or till RITES certifies that the terms and conditions of the said Agreementhave been fully properly carried out by the said contractor(s) and accordinglydischarges that guarantee. Unless a demand or claim under this guarantee is madeon us in writing or before the ______________________________ we shall bedischarged from the liability under this guarantee thereafter.

5. We,__________________________________further agree with the (indicate the nameof Bank). RITES that the RITES shall have the fullest liberty without our consent andwithout affecting in any manner our obligations hereunder to vary any of the termsand conditions of the said Agreement or to extend time of Performance by thesaid Contractor(s) from time to time or to postpone for any time or from time to timeany of the powers exercisable by the RITES against the said contractor(s) and toforbear or enforce any of the terms and conditions relating to the said Agreement andwe shall not be relieved from our liability by reasons of any such variation, or extensionbeing granted to the said Contractor(s) or for any forbearance, act or commission onthe part of the RITES any indulgence by the RITES to the said contractor(s) or byany such matter or thing whatsoever which under the law relating to sureties would,but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to change in the constitution of Bank or theContractor(s)/Supplier(s).

7. We,______________________________________ lastly undertake(indicate the name of Bank)

not to revoke this guarantee during its currency except with the previous consent of theRITES in writing.

8. Notwithstanding anything contained herein above, our liability under this guaranteeshall

a) be limited to a sum of Rs._________________(Rupees__________________________________________only).

b) stand completely discharged and all your rights under this guarantee shallstand extinguished if no claim or demand made upon us in writing on or before_________________.

PROFORMA - IXSheet - 3

82

We further agree that no change or addition to or other modification of the terms of thecontract or of works to be per- formed thereunder or of any of the Contract documentswhich may be made between RITES/Nagpur shall in any way release us from anyliability under this guarantee, and we hereby waive notice of any such change, addition ormodification.

This guarantee shall remain valid and in full effect from the date of advance payments under the contractuntil RITES/ Nagpur received full repayment of the same amount from the Contractor.

Yours truly,________________

Signature and Seal_______________

Name of the Bank/Financial Institution

Address_____________________

Date:

83

PROFORMA – XSheet - 1

INDEMNITY BOND

Name of the work- (On Non-Judicial Stamp paper of appropriate value)

KNOW all men by these presents that I/we_________________________

(Name of Contractor with address)_________________________________________________________________________________________________do hereby execute Indemnity Bond in favour of (1 NTPC having their office at NTPCcomplex sipat Distt. Bilaspur.(C.G) (2) RITES having their office at 1,RITES Bhawan, Kadbichowk, NagpurOn this _____________________day of___________________, 200 .

WHEREAS M/S RITES appointed as the Construction & Construction Supervisor Agency forand on behalf of NTPC for the construction of _____at____________________ vide TenderNo._________________________.

THIS DEED WITNESSETH AS FOLLOWS:

I/we__________________________(Name of Contractor)_______________Hereby do indemnify and save harmless (1) NTPC (2) RITES having their office at Nagpur.

1) Any third party claims, civil or criminal complaints/liabilities site mishaps and otheraccidents or disputes and/or damages occurring or arising out of any mishaps atthe site due to faulty work, negligence, faulty construction and/or for violating anylaw, rules and regulations in force, for the time being while executing/executedcivil works by me/us.

2) Any damages, loss or expenses due to or resulting from any negligence or breach ofduty on the part of me/us or any sub contractors/s if any, servants or agents.

3) Any claims by an employee of mine/ours or of sub-contractors if any, under theworkman compensation act and employers' Liability act,1939 or any other law rulesand regulations in force for the time being and any acts replacing and/oramending the same or any of the same as may be in force at the time and underany law in respect of injuries to persons or property arising out of and in the course ofexecution of the contract work and/or arising out of and in the course ofemployment of any workman/employee.

84

PROFORMA - XSheet – 2

4) Any act or omission of mine/ours or sub-contractor/s if any, our/their servants or agentwhich may involve any loss, damage, liability, civil or criminal action.

IN WITNESS WHEREOF THE__________________________________________

HAS SET HIS/THEIR HANDS ON THIS DAY OF_____________________.2008.

SIGNED AND DELIVERED BY THE

AFORESAID__________________________

IN THE PRESENCE OF WITNESS:

1........................

2........................

85

PROFORMA - XISheet – 1

FROM OF BANK GUANTEE TOWARDS………………………………….(ON NON-JUDICAL PAPER OF APAROPRITE VALUE I N THE NAME OF THE BANK)

To:

Name of work:Dear(s)

In consideration of RITES LTD. representing thought its Managing Director having theRegistered at Scope, Minar, Laxmi Nagar, Delhi 110 092 and Corporate Office at RITESBHAVAN, No. – 1, Sector-29 Gurgoan , Haryana and Project office at 1,RITES Bhawan,Kadbi chowk, Nagpur

1. acting for and on behalf of for NTPC having agreed to supply of materials to M/s…………………………...................................................... hereinafter called thecontractor which expression shall where the context so admits or implies be deemed toinclude his agreement No.……………………………………..dated ……………… madebetweenRITES, Nagpur and the contractor for (name of work)………………………………………………………………………………………………..(hereinafter called “the said agreement) for the due fulfillment by the said Contractor(s) ofthe terms and conditions contained in the said only) we …………………….. (hereinafterreferred to ask the bank) at the request of M/s ………………………… (Contractor(s) dohereby undertake to pay to the RITES an amount not exceeding Rs.……………………….only) against any loss or damage caused to or suffered or wouldbe caused to or suffered by the RITES by reason of any breach by the saidContractor(s) of any of the terms & conditions contained in the said agreement,concerning supply of materials and their use on the work covered under thisagreement.

2. We, ………………………… do hereby undertake to pay the amounts due and payableunder this guarantee without any demur, merely on a demand from the RITES statingthat the amount claimed is due by way of loss or damage caused to or would becaused to or suffered by the RITES by reason of breach by the said contractor(s) ofany of the terms & conditions contained in the said agreement or by reason of thecontractor(s) failure to perform the said agreement concerning supply of rails and theiruse on the work covered under this agreement. Any such demand made on the bankshall be conclusive as regards the amount due and payable by the bank under thisguarantee. However, our liability under this guarantee shall be restricted to an amountnot exceeding Rs ………………………… (Rupees……………………………only).

3. We, undertake to pay the RITES any money so demanded notwithstanding any disputeor dispute raised by the contractor(s) / Supplied(s) in any suit or proceeding pendingbefore any court or Tribunal relating thereto our liability under this present beingabsolute and unequivocal.

86

PROFORMA - XISheet – 2

The payment so made by us under this bond shall be a valid discharge of our liabilityfor payment thereunder the contractor(s)/ Supplier(s) shall have no claim against us formaking such payment.

4. We, ……………………………(name of the bank) further agree that the guarantee herein contained shall remain in full force and effect during the period that would be takenfor the Performance of the said agreement concerning supply of rails and their use onthe work covered under this agreement and that it shall continue to be enforceable tillal the dues of the RITES under or by virtue of the said Agreement concerning supplyof rails and their use on the work covered under this agreement have been fully paidand its claims satisfied or discharged or till the General Manager(P)RITES, Nagpurcertified that the terms and conditions of the said agreement concerning supply of railsand their use on the work covered under this agreement have fully and properly carriedout by the said contractor(s) and accordingly discharge this guarantee is made on usin writing on or before ……………., we shall be discharged from all liability under thisguarantee thereafter.

5. We,………………………………..(name of bank) further agree with the RITES that theRITES shall have he fullest liberty without out consent and without affecting in anymanner out obligations hereunder to vary any of the terms and conditions of the saidagreement concerning supply of rails and their use on the work covered under thisagreement or to extend time of performance by the said contractor from time to timeor to postpone for any time or from time any of the powers exercisable by the RITESagainst the said contractor(s) and to forbear or enforce any of the terms andconditions relating to the said agreement concerning supply of rails and their use onthe work covered under this agreement and we shall not be relieved from out liability byreason of any such variation, or extension being granted to the said contractor(s) or forany forbearance, act or omission on the part of the RITES or any indulgence by theRITES to the said contractor(s) or any such matter or thing whatsoever which under thelaw relating to sureties would , but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the conditions of the Bankor the contractor(s) / Supplier(s).

7. We,…………………………….. (Name of the bank) lastly undertake not to revoke thisguarantee during its currency except with the previous consent of the RITES in writing.

8. Notwithstanding anything contained herein above our liability under this guarantee shall;-

a) (be limited to a sum of Rs…………………………….only).b) stand completely discharge and all your rights under this guarantee shall stand

extinguished if no claim or demand upon us in writing no or before .

For ……………………………………………….(Indicate the name of bank)

Bank Guarantee No. ……………………………..

Date ………………………………………………

87

Section- 4

GENERAL TECHNICAL SPECIFICATION

88

SECTION 4

GENERAL TECHNICAL SPECIFICATIONS

(A) CIVIL ENGINEERING WORKS

In the Preamble to the Technical Specifications, it can be indicated that for items

where no specific reference has been made to any Specifications, the following

should be adopted in the order of precedence starting from top and in all cases the

latest edition with upto date correction slip should be followed.

i) RDSO/Indian Railways Specifications

ii) MORTH (Ministry of Road Transport & Highways) Specifications

iii) Indian Standard Specifications issued by Bureau of Indian Standards

iv) Any other Specifications relevant to work.

In case of doubt, the Engineer in Charge’s Directives may be sought.

Section – 5

GENERAL CONDITION OF CONTRACT

(GCC)

GENERAL CONDITIONS OF CONTRACT (GCC)

TABLE OF CLAUSES (GCC)

S I . Description Page No . N 0 .

.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A . Contract and Interpretat ion 1

.................................................................................................... . 1 Definit ions I

.................................................................... 2 . Heading and Marginal Notes to Conditions 3

........................................................................................... 3 . Singular & Plural 3

................................................... 4 . Order o f the precedence of the Documents 3

5 . Instruct ions and Not ices under the Contract: ............................................... 4

........................................................................ 6 . Laws governing the Contract 4

.................................................................................. . 7 Settlement o f Disputes 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B . Subject Matter o f Contract 7

......................................................................................... . 8 Scope o f Contract 7

................................................................................ . 9 Notices to Local Bodies 7

......................................................................................... . 10 Human Resources 7

........................................ .......................................................... 1 1 Shift Work , I 0

........................................... . 12 Cooperation wi th other Contractors1 Agencies 10

............................................................ 13 . Materials obtained f rom Excavation I 0

....................................................................... 14 . Treasure, Trove, Fossi ls, etc I 0

...................................................................................... . 15 Protection of Trees I I

........................................................................ . 16 Security Watch and L ight ing 11

............................................................................... . 17 Prevention of Pol lut ion I I

................................................................................................. 18 . Explosives I I

............................................................................. . 19 Training of Apprentices: I I

................................................................................... 20 . Handing over o f Site 12

............ 21 . Duties and Powers o f Engineer-in-Charge and h is representatives 12

..................................................................................................................................... . C Payment 13

22 . Contract Performance Security ................................................................... 13

...................................................................................................... . 23 Advance 14

24 . Payment o n AccountlProgressive Interim Payments ................................... 17

.......................................................................... . 25 Contract Pr ice Adjustment 19

............................................................................ 26 . Taxes. Duties. Levies etc 22

............................................................. 27 . Overpayments and Underpayments 23

28 . Time L imi t fo r submission & payment o f Final Bi l l and waiver of r ights of al l claims ................................................................................................................. 24

D . Execution o f Faci l i t ies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

................................................. 29 . Work Commencement, Execution & Delays 24

............................................................................................. 30 . Sub Contracts 27

31 . Setting ou t the Works ................................................................................. 28

............................ 32 . Methodology o f Construction & Equipment Mobil isation 28

......................................................................................... 33 . Patent Indemnity 28

............................................ 34 . Materials for the performance of the Contract 29

35 . Quality Assurance Programme .................................................................... 32

............................................................................. 36 . Inspection and Approval 32

.......................................................................... . 37 Records and Measurement 33

38 . Methods of Measurement ............................................................................ 34

........................................................................ 39 . Temporary I Enabling Works 34

.............................................................................................. 40 . Urgent Works 35

41 . Construct ion Power and Construct ion Water Supply and Staff 1 Labour Colony ................................................................................................................ 35

42 . Site Laboratory ........................................................................................... 37

................................................................................ 43 . Completion Cert i f icate 37

E . Defects Liabi l i ty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

44 . Liabi l i ty for Damage, Defects o r Imperfections and Recti f icat ion thereof ... 38

............................................................................... . I 45 Defects Liability Period 39

F . Risk Distribution ...................................................................................................................... 39

~ ................................................. 46 . Employer's and Contractor's Risks and Insurance 39

............................................................................................. 1 47 . Force Majeure 43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G . Changes in Contract Element 45

48 . Changes in Constitution: ............................................................................ 45

49 . Powers of Engineer-in-Charge for alterations1 omissions1 additions /substitutions ..................................................................................................... 45

.................................................................................. 50 . Suspension of Works 49

I 51 . Termination ............................................................................................. 5 1

I 52 . Contractor Performance Feedback and Evaluation System ........................ 54

........................................................ 53 . Adherence to Fraud Prevention Policy 55

GENERAL CONDITIONS OF CONTRACT

A. Contract and Interpretation

1. Definitions

(a) "Employer" / "Owner" means the NTPC Limited, New Delhi, having its registered office at NTPC Bhawan, SCOPE Complex, 7, Institutional Area, Lodhi Road, New Delhi and shall include their legal representatives, successors and permitted assigns.

(b) "ContractJ' means the Contract Agreement entered into between the Employer and Contractor, together with contract documents referred therein. The term "Contract1' shall in all such documents be construed accordingly and includes special condit ions, specifications, designs, drawings, "Schedule of Quantities" with rates and amount. These documents taken together shall be deemed to form the Contract and shall be complimentary to one another.

(c) "Contract Documents" mean the fol lowing documents that constitute the Contract between the Employer and the Contractor:

(i) The Contract Agreement alongwith its appendices

(ii) Letter of Award alongwith its appendices,

(iii) Special Conditions of Contract

(iv) Technical Specifications and Bid Drawings

(v) General Conditions of Contract

(vi) The Bid and Schedule of Quantities submitted by the Contractor.

(d) "GCC" means the General Conditions of Contract

(e) "SCC" means the Special Conditions o f Contract.

(f) "Day" means calendar day of the Gregorian Calendal

(g) "Week" means a cor~t inuous period of seven(7) calendar days.

(h) "Month" means calendar month of the Gregorian Calendar

(i) The "Contractor" means the individual or firm or company whether incorporated or not, undertaking the Works and shall include its legal representatives, or successors, or permitted assigns.

(j) "Sub-Contractor" shall mean a person or a Corporate body approved by

Page 1 of 55

Engineer-in-Charge who has entered into a contract with the Contractor to complete a part of the Works.

The "Contract Sum" 1 "Contract Price" means

(i) in the case of Lump Sum Contracts the sum for which the bid is accepted.

(ii) In the case of item Rate Contracts the cost of the Works arrived at after extension of the quantities shown in Schedule of Quantities by the item rates for the various items and summating them to arrive at the total price.

"Engineer-in-Charge" shall mean the person appointed by the Employer or his duly authorized representative who shall direct, supervise and be in charge of the Works for purposes of the Contract.

"Market rate" means the rate for an item of Work, determined on the basis of the cost of labour, and material brought to Site and incorporated in the Works and for use of plant and equipment for the Work executed plus 10% (ten percent) of the rate to cover all overheads and profits of the Contractor.

"Schedule(s) of Quantities" shall mean the priced and completed Schedule of Quantities forming the part of the bid or such Schedule of Quantities forming the part of the Contract, as the case may be, with amendments, if any, thereto.

The "Site" means the land and / or other places on, under, in or through which the Works is to be executed under the Contract including any other land or places which may be allotted by the Employer or used for the purposes of the Contract.

"Temporary1 Enabling Works" means all temporary works of every kind required in or about the execution, completion or maintenance of the Works.

"Urgent Works1' shall mean any urgent measures which, in the opinion of the Engineer-in-Charge, become necessary during the progress of the Works to obviate any risk of accident or failure or which become necessary for reasons of security and safety.

"The Works" shall mean the Works to be executed in accordance with the Contract or part(s) thereof as the case may be and shall include all extra or additional, altered or substituted works or temporary1 enabling Works and urgent works as required for performance of the Contract.

"Cost" shall mean all expenditure reasonably incurred or to be incurred by the Contractor or Employer, as the case may be, whether on or off the Site, including overhead and other charges, but excluding profit.

Page 2 of 55

(t) Throughout these Bidding Documents, the term "Bid" and "Tender" and their derivatives (BidderITenderer, BiddingITendering, Bidding DocumentITender Document, etc.); Bill of Quantity / Schedule of Quantity 1 Schedule of Quantities1 Bill of Quantities; Employer I NTPC; Bid Security 1 Earnest Money Deposit; Security Deposit 1 Performance Security1 Performance Guarantee; Engineer-in-Charge 1 Engineer, appearing any where in the Bidding Documents shall have the same meaning and are synonymous to each other.

Heading and Marginal Notes to Conditions

Heading and marginal notes to these General Conditions of Contract shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

Singular & Plural

Where the context so requires, words importing the singular only will also include the plural and vice versa.

Order of the precedence of the Documents

The several documents forming the Contract are to be taken as mutually explanatory of one another, detailed drawings being followed in preference to small scale drawings, figured dimensions in preference to scale and Special Conditions in preference to General Conditions.

In the case of discrepancy between Schedule of Quantities, the Specifications andlor the Drawings, the following order of precedence shall govern:

(a) Description in Schedule of Quantities.

(b) SCC

(c) Technical Specifications

(d) Drawings

If there are varying or conflicting provisions made with in any document forming part of the Contract, the Engineer-in-Charge shall be the deciding authority with regard to the intention of the document.

Any error in description, quantity or rate in Schedule of Quantities or any omission therefrom shall not vitiate the Contract or release the Contractor from the execution of the whole or any part of the Works comprised therein according to drawings and specifications or from any of his obligations under the Contract.

Page 3 of 55

Instructions and Notices under the Contract:

Subject as otherwise provided in the Contract, al l notices to be given on behalf of the Employer and all other actions to be taken on its behalf may be given or taken by the Engineer-in-Charge or any officer for the t ime being entrusted with the functions, duties and powers of the Engineer-in-Charge by the Employer. A l l instructions, notices and communications, etc. , under the Contract shall be given i n writing.

The Contractor or his authorised representative shall be in attendance at the Site(s) during al l working hours and shall superintend the execution of the Works with such addit ional assistance in each trade as the Engineer-in- Charge may consider necessary. Orders given to the Contractor's representative shal l be considered to have the same force as if they had been given to the Contractor himself.

The Engineer-in-Charge shall communicate or conf i rm the instructions to the Contractor in respect of the execution of Work in a 'Works Site Order Book' maintained in the office of the Engineer-in-Charge and the Contractor or his authorised representative shall confirm receipt o f such instructions by signing the relevant entries in this Book. I f required by the Contractor he shall be furnished a cert i f ied true copy of such instruction(s).

6 . Laws governing the Contract

6.1 This Contract shall be governed by the Indian laws for the time being in force. The Courts at Delhi shall have jurisdiction, in all matters unless otherwise stated in the SCC.

Settlement of Disputes

If any dispute or difference of any kind whatsoever shal l arise between the Employer and the Contractor in connection with or arising out of the Contract, including, without prejudice to the generali ty of the foregoing, any question regarding its existence, validity or terminat ion, or the execution of the Works - whether during the progress or after completion of the Works and whether before or after the termination, abandonment or breach of the Contract, the part ies shal l seek to resolve any such dispute or difference by mutual consultation. Both the parties shall seek to resolve the dispute by mutual consultation within a period of forty-two (42) days from the date on which the party raising the dispute first communicated the same in writing to other copy with a copy to Engineer-in-Charge.

If the parties are unable to resolve the dispute or difference by mutual consultation, then the dispute shall be referred in writ ing by either party to the Engineer-in-Charge, with a copy to the other party within a period of

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twenty-one (21) days. The Engineer-in-Charge shall within a period of forty- two (42) days from the date of such request, communicate his decision as is appropriate in his opinion in the matter, to the parties. Such decision of the Engineer-in-Charge shall become final and binding on the parties unless the dispute or difference is referred to Dispute Resolution Board in accordance with the requirement stated herein below.

7.2 Dispute Resolution Board (DRB)

7.2.1 In case, the decision of the Engineer-in-Charge is not acceptable to any of the parties, the party affected may refer the dispute or difference in writing to the DRB within a period of twenty-one (21) days from the date of notification of the decision of the Engineer-in-Charge, with a copy to the other party.

The Dispute Resolution Board shall comprise of either a sole member or three members to be agreed to by the parties, depending upon the nature of dispute or difference and the circumstances thereof. If the parties agree that DRB shall comprise of a sole member, the parties shall jointly agree to appoint such sole member and the Engineer-in-Charge will notify such appointment. In case the parties agree that DRB shall comprise of three members, each party shall appoint one member and both the parties shall jointly agree on the appointment of third member, who shall chair the DRB. I f the parties do not succeed in appointing the third member within twenty-eight (28) days after the latter of the two members has been appointed, the third member shal l at the request of either party be appointed by the other two members o f the DRB. The Engineer-in-Charge will notify the appointments accordingly. The DRB will be deemed to be duty appointed upon the nomination of the sole member or the third member (in case of a three member DRB).

7.2.3 The DRB shall give its decision in writing to both the parties within forty-two (42) days o f the dispute being referred to it. If the DRB has done so, and if either the Employer or the Contractor is not satisfied with the decision of the DRB, then the affected party shall within a period of twenty-eight (28) days of the date of decision of the DRB, shall issue its intention to commence arbitration, failing which the decision of DRB shall become final and binding on the Employer and the Contractor. Any decision that has become final and binding shall be implemented by the parties forthwith.

7 2 .4 Should any member of the DRB resign or die o r should the Employer and Contractor agree that any particular member is not fulfilling his function in accordance with the provisions of the Contract, another member shall be appointed by party / parties concerned, in the same manner as envisaged for appointment of the original member.

7.2.5 Members of the DRB shall be paid fees plus reasonable expenditure incurred in execution of their duties as members of the DRB. These costs shall be divided equally between the Employer and Contractor, unless otherwise decided by the DRB.

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7.3 Arbitration

7.3.1 If either the Employer or the Contractor is dissatisfied with the decision of DRB, or if the DRB fails to give a decision within forty-two (42) days of a dispute being referred to it, then either the Employer or the Contractor, as the case may be, within a further period of twenty-eight (28) days, may give notice to the other party, with a copy for information to the DRB, of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute. No arbitration in respect of this matter may be commenced unless such notice is given.

7 . 3 . 2 Any dispute or difference in respect of which a notice of intention to commence arbitration as above has been given, it shall be finally settled by arbitration.

7 . 3 . 3 Any dispute or difference submitted by a party to arbitration shall be heard by an arbitration tribunal consisting of three arbitrators, in accordance with the provisions set forth below:

(a) The Employer and the Contractor shall each appoint one arbitrator, and these two arbitrators shall jointly appoint a third arbitrator, who shall act as the Presiding Arbitrator of the arbitration tribunal. If the two arbitrators do not succeed in appointing a third arbitrator within twenty- eight (28) days of the latter of the two arbitrators has been appointed, the third arbitrator shall be appointed by the parties.

(b) If one party fails to appoint its arbitrator within forty-two (42) days after the other party has named its arbitrator, the party which has named an arbitrator may request the President of the Institution of Engineers, India to appoint the second arbitrator.

7 . 3 . 4 Should any member of the arbitration tribunal resign or die or should the Employer and Contractor agree that any particular member is not fulfilling his function in accordance with the provisions of the Contract, the mandate of the arbitrator shall terminate in accordance with the provisions of the applicable laws as mentioned in GCC Sub-clause 7 .3 .5 below and a substitute shall be appointed in the same manner as the arbitrator whose mandate had terminated as above.

7 .3 .5 Arbitration proceedings shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996, including any statutory modifications or re-enactment thereof and the rules made thereunder. The place of arbitration shall be New Delhi or at a place otherwise stated in SCC, unless otherwise agreed between the parties. The language of arbitration shall be the language in which this Contract is being executed.

7.3.6 The decision of the majority of the arbitrators (or of the third arbitrator chairing the arbitration tribunal, if there is no such majority) shall be final and binding and shall be enforceable in any court of competent jurisdiction as a decree of the court. The parties thereby waive any objections to or claims of

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immunity from such enforcement.

7.3.7 The arbitrator(s) shall give reasoned award

7.3.8 Notwithstanding any reference of dispute or difference for resolution under provisions of GCC Clause entitled 'Settlement of Disputes' herein,

(a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree

(b) the Employer shall pay the Contractor any monies due to the Contractor.

B. Subject Matter of Contract

8. Scope of Contract

The Work to be carried out under the Contract shall be as delineated in Bidding Documents and shall, except as otherwise provided in these conditions, include all labour, materials, tools, plant, equipment, and transport which may be required in preparation of and for and in the full and entire execution and completion of the Works.

I 9. Notices to Local Bodies

1 9.1 The Contractor shall comply with and give all notices required under any Governmental authority, instrument, rule or order made under any Act of Parliament, State Laws or any regulation or bye-laws of any local authority relating to the Works. He shall before making any variation from the Contract drawings necessitated by such compliance give to the Engineer-in-Charge a written notice giving reasons for the proposed variation and obtain the Engineer-in-Charge's instructions thereon, in writing.

The Contractor shall pay and indemnify the Employer against any liability in respect of any fees or charges payable under any Act of Parliament, State laws or any Government instrument, rule or order and any regulations or bye- laws of any local authority in respect of the Works.

Human Resources

The Contractor for the purpose of the Contract shall engage / employ adequate number of key personnel in all areas such as design / engineering (wherever applicable), planning, scheduling and construction and carrying out of all maintenance of his plant and equipment (as detailed in the SCC) and competent and skilled work force as directed by the Engineer-in-Charge. The Engineer-in-Charge will approve any proposed replacement of such key personnel including work force only if their qualifications, experience, competence and capabilities are substantially equal to or better than those personnel originally identified and approved by the Engineer-in-Charge.

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10.2 The Engineer-in-Charge may require the Contractor to remove from Site of Works or from any other area of Work related to the Contract, any member of the Contractor personnel or work force who

(i) Persists in any misconduct or lack of care

(ii) Performs his duties incompetently or negligently or otherwise carelessly

(iii) Fails to conform with any provisions of the Contract or

(iv) Persists in any conduct which is prejudicial to the safety, health or protection of the Work and environment.

I f appropriate, the Contractor shall appoint a suitable replacement within fourteen (14) days or within such period as may be agreed between the Engineer-in-Charge and Contractor.

10.3 The Contractor shall unless otherwise provided in the Contract, make his own arrangement for engagement of all staff and labour, local or otherwise and for their payment, housing, transport, lodging and welfare as may be required by law and or by industry practice. The Contractor shall provide the Engineer-in-Charge a return in detail in such form and at such intervals as he may reasonably prescribe showing the staff and number of the several classes of labour and other staff from time to time employed by the Contractor at Site or in connection with the Work along with such information as the Engineer-in-Charge may reasonably require.

10.4 Labour laws and Regulations and compliance thereof

10.4.1 During the entire period of Contract, the Contractor and his Sub-contractors shall, at all times abide by all existing labour enactments, rules made therein, regulations, notifications and bye-laws by the appropriate government, local authority or any other labour laws or notification that may b e issued under any labour law prevailing as on the date seven(7) days prior to the date set for opening of the bids, published by the State or Central Government or Local Authorities. An illustrative list of applicable acts, notifications, rules etc. in connection with the labour as applicable is provided in SCC. This list is not in any way exhaustive and shall not absolve the Contractor from any of his liabilities or responsibilities in compliance with any other laws, regulations, notifications that may be in force during the tenure of Contract.

10.4.2 The Contractor and his Sub-Contractors shall indemnify the Employer, from any action taken against the Employer by any competent authority in connection with the enforcement of the applicable laws, regulations, notifications, on account of contravention of any of the provisions therein, including amendments thereto. If the Employer is caused to pay or otherwise made liable, such amounts as may be necessary for non-observance of the

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provisions stipulated in the laws, rules, notifications including amendments, if any on the part of the Contractor and/or his Sub-Contractors, the Engineer- in-Charge / Employer shall have the right to deduct any such money from any amount due to the Contractor including his performance security, under the Contract. The Employer shall also have the right to recover from the Contractor any sum required or estimated as required for making good any loss or damage suffered 1 likely to be suffered by the Employer, on this account.

If due to an enactment of any new Act or Statute and rules made thereunder or any modification to the ActsIStatute or rules made thereunder, all after seven (7) days prior to the date set for opening of bids and as a consequence thereof, the Contractor has to incur additional cost or expenditure, the same will be reimbursed by the Employer to the Contractor, excepting those due to reasons attributable to the Contractor and those being already compensated by other provisions of the Contract, like Price Adjustment, Taxes and Duties etc.

It is specifically agreed that the Contractor and his Sub-contractors shall obtain all the necessary registration, licenses, permits, authorisations etc. required under various enactments I Regulations enforced from time to time, specifically registration as employer under Provident Fund Act and Contract Labour Regulation & Abolition Act, and the Employer shall not be liable for any violation by the Contractor in this regard.

The employees of the Contractor or his Sub-Contractor(s) shall in no case be treated as the employees of the Employer at any point of time.

The Contractor and his Sub-Contractors shall be liable to make all due payments to all their employees and ensure compliance with labour laws. If the Employer, is held liable as 'PRINCIPAL EMPLOYER1 or otherwise to incur any expenditure or t o make any contributions under any legislation of the Government or Court decision, in respect of the employees of the Contractor or his Sub-Contractors, then the Contractor would reimburse the amounts of such expenditure/contribution so made by the Employer.

In case the ESI act is not applicable to the area where the Work is executed, as evidenced by the CertificateILetter submitted to this effect from the local authorities, the Contractor shall be liable to arrange and pay for the expenses towards the medical treatment in respect of all labour employed by him for the execution of the Contract.

Staff quarters & labour hutments at Site if available, may be provided to the Contractor on chargeable basis at the discretion of the Engineer-in-Charge on mutually agreed terms and conditions.

Safety

The Contractor, including his sub-contractors, while executing the Works, will strictly comply with the statutory requirements (including amendments

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thereof), as applicable, in respect of safety of his employees, equipment and materials. The contractor will also comply with the provisions of NTPC Safety Rules as issued from time to time and displayed on NTPC's tender website http:llwww.ntpctender.com. Within 30 days from the date of Letter of award, the Contractor, shall develop and submit for the Employer's approval, his own Safety, Health and Environment policy in line with the above-mentioned statutory requirements and NTPC Safety rules. The detailed requirements to be complied by the Contractor with regard to the safety of his personnel, equipment and materials are enumerated in the Technical Specifications.

Shift Work

To achieve the required progress, two or more shifts a day may be necessary for executing the Work. The period of completion and number of working days shall not be affected by the number of shifts each day. No extra amount on account of any shift work is payable to the Contractor.

Wherever, the Work is carried out at night, adequate lighting of working areas and access paths should be provided by the Contractor at his cost. Sufficient notice should be given by the Contractor to the Engineer-in-Charge regarding the details of works in shifts so that necessary supervision could be provided.

Cooperation with other Contractors1 Agencies

The Contractor shall extend all reasonable cooperation to other Contractors, agencies etc. of the Employer engaged in connection with the Work or any other Work not in the scope of this Work as may be required by the Engineer- in-Charge.

The Contractor shall attend at his cost, all the meetings with the Engineer-in- Charge, other contractors and the Consultants of the Employer for the purposes of the Contract. The Contractor shall attend such meetings as and when required by the Engineer-in-Charge.

Materials obtained from Excavation

Materials of any kind obtained from excavation on the Site shall remain the property of the Employer and shall be disposed of as the Engineer-in-Charge may direct.

Treasure, Trove, Fossils, etc

All fossils, coins, articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the Site shall be the absolute property of the Employer and the Contractor shall take reasonable precautions to prevent his workmen or any other person from removing or damaging any such article or thing, shall immediately upon discovery thereof and before removal acquaint the Engineer-in-Charge with

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such discovery and carry out the Engineer-in-Charge's directions as to the disposition of the same, at the cost of the Employer.

Protection of Trees

Trees designated by the Engineer-in-Charge shall be protected from damage during the course of the Works and earth level within at least one (1) meter of each such tree shall not be disturbed. Where necessary, such trees shall be protected by providing temporary fencing at the cost of the Employer.

Security Watch and Lighting

The Contractor shall provide and maintain at his own expense all lights, guards, fencing and watching when and where necessary or required by the Engineer-in-Charge for the protection of the Works or for the safety and convenience of those employed on the Works or the public.

Prevention of Pollution

The Contractor shall make necessary arrangement to prevent pollution of the water in any adjacent water bodies including stream, springs, nallah, river and lakes etc. The Contractor shall be solely responsible and liable for all damage caused by any pollution that may take place during the execution of the Work.

Explosives

Permission for the use o f explosives shall be obtained from the Engineer-in- Charge or from any appropriate authority as directed by the Engineer-in- Charge and all explosive materials shall be used only under close supervision. It shall be the responsibility of the Contractor to seek and obtain any necessary permits, and to ensure that the requirements of the authorities are complied with, in all respects. Failure to do so may result in the Engineer-in-Charge withdrawing permission to use explosives. The indemnification provided for, under the General Condition of Contract shall include indemnification against all claims in respect of any incident arising from the use of explosives.

Training of Apprentices:

The Contractor shall during the currency of the Contract when called upon by the Engineer-in-Charge engage and also ensure engagement by Sub- contractors employed by the contractor in connection with the Works, such number of Apprentices in the categories and for such periods as may be reasonably required by the Engineer-in-Charge. The Contractor shall train them as required under the Apprentices Act, 1961 and shall be responsible for all obligations of the Employer under the Act including the liability to make payment to apprentices as required under the Act.

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20. Handing over of Site

20.1 The Employer shall make available the Site to the Contractor as soon as possible after the award of the Contract free of encumbrance. The Contractor shall not be permitted to enter on (other than for inspection purposes) or take possession of the Site until instructed to do so by the Engineer-in-Charge in writing.

The Employer reserves the right to hand over the Site in parts progressively to the Contractor. The Contractor will be required to take possession of the Site without any undue delay and do Work on the released fronts in parts without any reservation whatsoever.

However, in case of any delay in handing over of the Site to the Contractor, which delays the performance of the Work, commensurate to the resources mobilised by the Contractor, then the Contractor will be eligible for suitable extension in time for completion of the Works or any other compensation as per the provisions of GCC Sub-clause 29.7.

The portion of the Site to be occupied by the Contractor shall be defined andlor marked on the Site plan, failing which these shall be indicated by the Engineer-in-Charge at Site and the Contractor shall on no account be allowed to extend his operations beyond these areas. Further, the Contractor shall not hinder in any way the working of other contractors on the Site.

The Contractor shall plan his work as per available roads at Site. Wherever, the access roads near to the Work Site are not available, the Contractor shall make his own arrangement for approach to the Work Site including borrowldisposal areas and for movement of men, machinery, other equipment etc. required for carrying out the Works included under this Contract. All drainage of Works area and all weather truckable1 haulage roads as required by the Contractor shall be constructed and maintained during the construction period by the Contractor at his own cost.

The Contractor shall provide, if necessary, all temporary access to the Work Site and shall alter, adapt and maintain the same as required from time to time and shall take up and clear them away as and when no longer required and, as and when ordered by the Engineer-in-Charge and make good all damage done to the Site.

The Contractor shall be permitted the usage of al l access roads built by the Employer for the purposes of the Contract. If any damage is done to such roads and associated areas like drains, culverts and the like, by the Contractor, the same shall be made good by the Contractor at his own cost, but as may be directed by the Engineer-in-Charge.

Duties and Powers of Engineer-in-Charge and his representatives

The Engineer-in-Charge shall have the full powers in respect of all the

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matters in connection with or arising out of this Contract, excepting those specifically reserved for the Employer. However, the Engineer-in-Charge shall not have any power to relieve the Contractor of any of his obligations and responsibilities under the Contract.

21.2 The duties of the representative of the Engineer-in-Charge are to watch and supervise the Works and to test and examine any materials to be used or workmanship employed in connection with the Works. He shall have no authority to order any work involving any extra payment by the Employer nor to make any variation in the Works, creating a financial liability to the Employer.

The Engineer-in-Charge may from time to time in writing delegate to his representative any of the powers and authorities vested in the Engineer-in- Charge and shall furnish to the Contractor a copy of all such written delegation of powers and authorities. Any written instruction or written approval given by the representative of the Engineer-in-Charge to the Contractor within the terms of such delegation shall bind the Contractor and the Engineer-in-Charge as though it has been given by the Engineer-in-Charge.

Failure of the Representative of the Engineer-in Charge to disapprove any work or materials shall not prejudice the power of the Engineer-in-Charge thereafter to disapprove such Work or materials and to order the pulling down, removal or breaking up thereof.

If the Contractor shall be dissatisfied with any decision of the representative of the Engineer-in-Charge he shall be entitled to refer the matter to the Engineer-in-Charge who shall there-upon confirm, reverse or vary such decision.

C. Payment

22. Contract Performance Security

22.1.1 The Contractor shall within twenty one (21) days of the Letter of Award, provide a Contract Performance Guarantee(CPG) towards faithful performance of the Contract for ten percent (10%) of the Contract Price.

Alternatively, the Contractor may furnish an Initial Contract Performance Guarantee(1CPG) equivalent to a minimum of 2% of the Contract Price. In case of such a Contractor, who furnishes Initial Contract Performance Guarantee, the Employer shall at the time of making any payment to him for the work done under the Contract deduct towards the Contract Performance Security an amount equivalent to 10% of the gross bill amount, accepted for payment until the Contract Performance Security so deducted including the amount of Initial Contract Performance Security becomes equal to 10% of the

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Contract Price, subject to the condition that whenever the Contract Performance Security so deducted reaches a limit of 2% of the Contract Price, the Contractor may convert the amount into a Bank Guarantee as aforesaid.

22.1.3 The Contract Performance Guaranteellnitial Contract Performance Guarantee shall be in the form of a Bank Guarantee issued by a Bank from the list enclosed in the Bidding Documents. The format of the said bank guarantee shall be i n accordance with the format included in the Section Vl l l (Forms and Procedures). This bank guarantee shall have an initial validity upto ninety (90) days beyond the completion of Defect Liability Period of the Contract. However, in case the date of completion of defects liability period gets extended, the validity of the Contract Performance Guarantee shall be extended by the period of extension of completion of defects liability.

One half (50%) of the Contract Performance Security amount shall be refundedlreleased to the Contractor on the issuance of Completion Certificate by the Engineer-in-Charge certifying the completion of entire Works under the Contract. The Engineer-in-Charge shall on demand from the Contractor, releaselrefund the remaining portion of the Contract Performance Guarantee on expiry of the Defects Liability Period or on payment of the amount of the Final Bill payable, whichever is later, provided the Engineer-in- Charge is satisfied that there is no demand outstanding against the Contractor, arising out of the Contract.

No interest shall be payable to the Contractor against the Contract Performance Guarantee furnishedlrecovered by way of deductions from running account payments from the Contractor, by the Employer.

Advance

Mobilisation Advance

i) A lumpsum mobilisation advance not exceeding 4% of the Contract Value as awarded shall be paid to the Contractor at the rate of interest mentioned in SCC subject to the following conditions:

a ) On unconditional acceptance of Letter of Award by the Contractor.

b) Acceptance and finalisation of detailed Work Schedule and finalisation of equipment mobilization schedule.

c) Submission of an irrevocable bank guarantee for the amount of advance in the proforma of bank guarantee provided in Section Vl l l (Forms and Procedures)- Proforma of Bank Guarantee for Lumpsum Advance from any bank from the list enclosed in Bidding Documents and acceptable to the Employer.

d) Finalisation of Quality Assurance Programme in accordance with

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GCC Clause entitled 'Quality Assurance programme1.

e) Submission of an unconditional, irrevocable bank guarantee for the amount of Initial Contract Performance Security Deposit1 Contract Performance Security Deposit from any bank from the list enclosed in Bidding Documents and acceptable to the Employer in the proforma of bank guarantee provided in Section V l l l (Forms and Procedures)- Form of Bank Guarantee for Contract Performance Guarantee.

f) On completion of the requirement of Qualifying Requirements, the documentation in respect of associate(s), if applicable, in line with the provisions thereof in BDS, and on submission of an unconditional and irrevocable bank guarantee from any bank as per list enclosed in Bidding Documents and acceptable to Employer in the proforma provided in Section Vl l l (Forms and Procedures).

g) The advance payment shall be released only after the verification and confirmation of the above bank guarantees from the issuing bank.

ii) A further lumpsum mobilisation advance not exceeding 4% of the Contract Value as awarded shall be paid to the Contractor from Project Site at the rate of interest mentioned in SCC subject to the following conditions:

a) Fulfilment of conditions mentioned at GCC Sub-clause 23.1 (i) a, b, d, e & f.

b) On certification of the Engineer-in-Charge that the Contractor has opened his office at Site and mobilised the plant and equipment specifically identified in Letter of Award of the Contract for releasing this advance.

c) Submission of an irrevocable bank guarantee for the amount of advance in the proforma provided in Section VII (Forms and Procedures)- Proforma of Bank Guarantee for Lumpsum Advance from any bank from the list enclosed in Bidding Documents and acceptable to the Employer.

d) The advance payment shall be released only after the verification and confirmation of the above bank guarantees from the issuing bank.

Equipment Advance

An amount not exceeding 75% of the purchase price of the new plant and equipment specifically acquired for the Work and brought to Site against production of documents in support thereof and subject to the condition that

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the Engineer-in-Charge considers the price reasonable and that such plant and equipment are necessary for the Works and not in excess of requirements and are hypothecated in favour o f the Employer in the form required by the Employer shall be payable. Interest on the advance outstanding, shall be levied at the percentage mentioned in SCC. Total advance amount against plant and equipment shall in no case exceed 6% of the total contract value as awarded. Provided that if a request for loan is made by the Contractor against both the aforementioned provisions of this condition, viz. GCC Sub-Clauses 23.1 and 23.2, the total sum to be given as loan shall not exceed 10% of the total contract value as awarded.

23 .3 All the above advances mentioned at GCC Sub-c lause 2 3 . l ( i ) , 23.2 (ii) and 23.2 shall be interest bearing as per the rate of interest specified in SCC.

23.4 Any of the above advances may be claimed by the Contractor at his option in instalments.

23 .5 The above advance shall be utilised by the Contractor for the purposes of this Contract only and for no other purpose.

23 .6 All payments of advances may be released electronically, wherever technically feasible.

The recovery of the advances as above and interest thereon shall b e made by deduction from the on account payments referred to in GCC Clause entitled 'Payment on Account/Progressive Interim Payments' in suitable percentages f ixed by the Engineer-in-Charge in relation to the total cumulative advances released and the progress of the work, so that all the sums advanced wi th interest thereon shall be ful ly recovered starting from the t ime 10% and ending by the t ime 80% of the Work as awarded is completed. I f the amount payable under any interim bil l is not sufficient to cover al l deduct ions to be made for sums advanced with interest and other sums deductible therefrom, the balance outstanding shall be deducted from subsequent interim bill/bil ls, as may be necessary, fail ing that, as otherwise provided for in the Contract.

If for any reason, except for reasons of default of the Contractor, the Work under the Contract is suspended continuously for more than four teen( l4) days, the Contractor shall be at liberty to remove the plant and equipment or any part thereof hypothecated to the Employer under GCC Sub-clause 23.2 above, to any other work site of the Contractor for carrying on his other works, on his furnishing prior to such removal a bank guarantee acceptable to the Employer for the amount of the outstanding advance granted under GCC Sub-c lause 23.2 above with interest and upon the Contractor undertaking to br ing back to the Site, before expiry of the period of suspension, such plant and equipment as may b e necessary for completion of the Works. If any such Plant and Equipment are not brought back, the Contractor shal l forthwith repay the amount for the advance outstanding with interest thereon against such plant and equipment.

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23.9 The value of the bank guarantees towards any of the above advances shall be reduced every three (3) months after the date of commencement of recovery of corresponding advance and interest thereon under the Contract in accordance with GCC Sub-clause 23.7. The quantum of reduction of the value of bank guarantee at any point of time shall be proportional to the quantum of work completed as certified by the Engineer-in-Charge. The Bank Guarantee value shall stand reduced to zero on completion of total work by the Contractor under the Contract as certified by the Engineer-in-Charge, It should be clearly understood that reduction in the value of bank guarantee towards advance shall not in any way dilute the Contractor's responsibility and liabilities under the Contract including in respect of the Works for which the reduction in the value of bank guarantee is allowed.

Payment on AccountlProgressive Interim Payments

Bills for progressive payments shall be submitted by the Contractor at intervals stated in the Contract on or before the date fixed by the Engineer- in-Charge for the Work executed during the preceding period. The Engineer- in-Charge shall then arrange to have the bill verified for payment.

The progressive payment shall be released after certification by Employer's Field Quality Assurance Department that the Works have been performed in accordance with the Technical Specifications and also upon authorisation for the payment by the Engineer-in-Charge. However, the release of first progressive interim payment shall also be subject to submission of documentary evidence by the Contractor towards having taken the insurance policy(ies) in terms of relevant provisions of GCC Clause entitled 'Contractor's Liability and Insurance' and acceptance of the same by Engineer-in-Charge.

The Contractor shall maintain a separate account with a Scheduled Bank at Site for the purpose of receiving all the payments under the Contract(s) and for utilisation of payments received from the Employer for disbursement to sub-contractors, sub-vendors, PRW's etc., of the Contractor. The Contractor shall maintain separate books of accounts for all payments under this Contract and the Engineer-in-Charge shall have access to these at all times.

( i) In case of part acceptance of the Work, the Engineer-in-Charge shall have the right to release payment for that part of the Work.

(ii) Acceptance of the Work without fulfilling all the obligations mentioned under rates and measurement in Technical Specifications shall be considered as part acceptance of Work.

Payment on account for amount admissible shall be made on the Engineer- in-Charge certifying the sum to which the Contractor is considered entitled by way of interim payment for the following:

(a) all Work executed, after deducting therefrom the amounts already paid, the performance security deposit and such other amounts as may be

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deductible or recoverable in terms of the Contract;

75 per cent of the cost (as assessed by the Engineer-in-Charge) of any materials which are in the opinion of the Engineer-in-Charge reasonably required in accordance with the Contract with respect to the period of utilisation & quantum and have been brought to Site for incorporation in the Works and are safeguarded against loss due to any cause whatsoever to the satisfaction of the Engineer-in-Charge, but have not been so incorporated; provided the Contractor provides an insurance cover for the full cost of such materials.

(c) Unless specifically certifiedlauthorised by the Engineer-in-Charge, no such payment shall be made against the materials brought to Site which in the opinion of the Engineer-in-Charge are not likely to be usedlincorporated in the Works in the ensuing period of four (4) months.

The payments against materials brought to Site under (b) above shall be adjusted as and when materials are util isedl incorporated in the Works.

The Contractor shall submit his bill, by the date stipulated by the Engineer- in-Charge, in the prescribed proforma, supported with measurements, jointly acknowledged and accepted in the measurement books. Payments of the Contractor's bill shall be paid by the Employer within twenty-one (21) days from the date of submission of bill subject to the authorisation of the Engineer-in-Charge. Alternatively, if so desired by the Contractor, after preliminary scrutiny and certification by the Engineer-in-Charge, 75% of the certified net payable amount shall be made by the Employer within seven (7) days. The amount certified shall account for all deductions, including statutory deductions as for sales tax, income tax, etc., recoveries for advances and any other amounts due from the Contractor. The balance 25% shall be paid within twenty-one (21) days, from the date of submission of the said bill. Such payments made by the Employer shall not constitute any acceptance of the measurements of items of the Works by the Employer and the Engineer-in-Charge shall have the right to alter, modify, reduce or diminish the quantities or classification entered in the Measurement Books or Bills. The Employer shall have right to recover any amount paid in an earlier bill from any subsequent bill and should the amount to be recovered be more than the amount of the subsequent bill, the Contractor shall on demand from the Engineer-in-Charge or Employer immediately refund the extra amount to the Employer within seven(7) days. Wherever technically feasible, the payments shall be released electronically only as per details of bank account indicated in the Contract.

Any interim certificate given relating to Work done or materials delivered, may be modified or corrected by any subsequent interim certificate or by the final certificate. No certificate of the Engineer-in-Charge supporting an interim payment shall itself be conclusive evidence that any Work or

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materials to which it relates islare in accordance with the Contract.

24.9 In case of the delayed Work beyond the scheduled completion period, pending consideration of extension of time of completion if it had been requested by the Contractor, interim payments shall continue to be made as herein above provided.

25. Contract Price Adjustment

25.1 The regulation and payment of Contract Price Adjustment under the Contract shall be governed by the provisions herein under:

25.2 ( i ) The "Contract Price" (for definition please refer GCC Clause titled 'Force Majeure' as awarded shall be the Base Contract Price,

(ii) A certain fixed percentage of the Base Contract Price shall not be subject to any price adjustment. The balance percentage to be specified shall be of identified components towards labour, material(s) and H.S. diesel oil, hereinafter called the variable component, shall be subject to Price Adjustment.

(iii) The fixed component and the variable components shall vary from contract to contract depending upon the nature and scope of work(s) and shall be specified in SCC.

25.3 The actual amount of Price Adjustment shall be determined by satisfying the conditions specified herein and shall not exceed the maximum limit as specified in GCC Sub-clause 25.5 herein below.

25.4 The amount of Price Adjustment (PA) payable1 recoverable for the Work done during the relevant period shall be calculated as under:

CPA = ACP - BCP

Where.

CPA = Price Adjustment

BCP = Base Contract Price

ACP = Adjusted Contract Price

ACP shall be computed as under:

Where :

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F = Fixed component of the Base Contract Price which will not be subject to any adjustment as quantified and stipulated in the SCC).

I = Labour component of the Base Contract Price which will be subject to Price Adjustment as quantified and stipulated in the SCC.

m = Material component (excluding Employer Issue Materials) of the Base Contract Price which will be subject to Price Adjustment as quantified and stipulated in the SCC.

d = H.S. Diesel Oil component of the Base Contract Price which will be subject to Price Adjustment as quantified and stipulated in the SCC.

L. = Labour Index, which shall be the "Index Number" of "Consumer Price Index" for Industrial Workers : (All India) (General)" as published by Labour Bureau, Simla in their monthly bulletin entitled "Indian Labour Journal" unless otherwise stipulated in SCC.

M = Material Index, which will be the "Index Number" of "Index Numbers of Wholesale Prices" under Group "All Commodities" as published by Ministry of Industry in their monthly bulletin entitled "lndex Number of Wholesale Prices", unless otherwise stipulated in SCC.

D = H.S. diesel oil Index, which will be the price of high speed diesel oil per litre inclusive of taxes and duties, i f any, at the retail outlet of Indian Oil Corpn. or any other publicised or fuel marketing company, nearest to the project.

SUBSCRIPT

'0 ' = refers to the values of the above mentioned labour 1 material indices or H.S. diesel price as on seven (7) days prior to the date fixed for submission of bids.

'1 ' = refers to the values of corresponding labour I material indices or H.S. diesel price as applicable for the month in which the Work is executed for which adjustment is applicable, respectively.

Note: The material component (m) may be further bifurcated into more than one material and the applicable indices shall be as quantified and stipulated in the SCC by the Employer, depending upon the nature of the Contract.

25.5 The Total Price Adjustment(s) amount payable on the Base Contract Price on account of Price Adjustment as indicated in 25.4 above shall not exceed the maximum percentage limit(s) of the Contract Price as awarded, specified in SCC.

25.6 Price Adjustment(s) shall be calculated for the value of Works executed for the billing month as per agreed Work Schedule. For the purpose of

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paymentlrecovery of Price Adjustments, such paymentlrefund shall be operative and payable in accordance with the scheduled Completion Period (including authorised extensions, if any) or actual Completion Period, whichever is earlier. Provided further that the Contractor would be eligible for such claims or shall be liable for refund on the quantum of Work scheduled or the actual quantum of Work done provided always that the quantum of work done is more than or equal to the scheduled quantum of work as per the agreed Work Schedule.

The Contractor shall not be eligible for payment of the claims or liable for refund of Contract Price Adjustment for the period beyond the schedule date of execution of Work if the Work has been delayed beyond the scheduled date(s) for reasons attributable to Contractor. However for quantities of Work executed beyond the scheduled dates of execution, the Contractor would be eligible for claim or liable for refund for Price Adjustment(s) for such delayed Work based on the value of the indices as applicable to the scheduled dates of execution, provided that if the indices on the actual dates of execution are lower than the indices during scheduled dates of execution, then lower indices shall be applicable.

25.8 Rates of Contract Items whose quantities have varied beyond the permissible deviation limits and rates of Extra Items, derived and agreed from the Contract Schedule of Quantities or based on Market Rates, as the case may be, will also be subject to Contract Price Adjustment as per this clause but subject to the provisions of GCC Sub-clauses 49.3 and 49.4.

25.9 The Contractor shall, every month after commencement of the Work, submit to the Engineer-in-Charge a written notice of the changes, if any, that have occurred in the specified indices of Material(s), and Labour or that of Diesel price, etc., during the previous reporting period containing the effective date of such change, with authenticated documentary evidence of the relevant applicable published indicesldiesel price, etc.

25.10 Monthly bills for Price Adjustments will be made by the Contractor, commencing first, from the month when all the relevantlapplicable indices1 diesel price are available and not later than 1 5 ~ ~ day of every month thereafter. The period for processing and making payment for these bills will also be governed by the provisions as applicable to On-account1 progressive interim payments.

25.1 1 For this purpose, the Work Schedule shall be as identified in line with provisions of GCC Sub-clause 29.2 wherein separate periods of completion has been specifiedlagreed to, for items, or groups of items, or works.

25.12 TOTAL ADJUSTED CONTRACT PRICE

The total adjusted contract price shall be:

[BCP+ (PA + with ceiling as per the relevant provisions in SCC)+ other elements of Contract Price, if any].

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26. Taxes, Duties, Levies etc.

26.1 Except as other wise specifically provided in the Contract, the Contractor shall be l iable and responsible for the payment o f all taxes, duties, levies and charges imposed on the Contractor, its Sub-contractors and those imposed on the Contractor's equipment, materials, supplies and services to be used in the performance o f the Contract or furnished under the Contract.

26.2 The Award of the Contract is on 'Works Contract ' basis. The Contractor shall be responsible for payment of any tax levied o n the transfer of property and goods involved in the 'Works Contract' in accordance with the applicable Act or Notification(s) b y the State or Central Government or other authorities and rules made thereunder including amendments, i f any. The liability on account of such tax as per the rates of tax prevailing as on seven(7) days prior to the date of bid opening is to the account of the Contractor. In case of any variation in the rates of the tax after the date seven (7) days prior to date of bid opening, the same shall be paid1 reimbursed to the Contractor subject to submission of documentary evidence and proof of having made the payment at the revised rate.

It shall be incumbent upon the Contractor to obtain a registration certificate as a dealer under the local Sales Tax Act, Central Sales Tax Act, Service Tax Law, Works Contract Cess Law, and other law(s) relating to levy of tax, duty, cess etc. and necessary evidence to this effect shall be furnished by the Contractor to the Employer. The Contractor shall obtain necessary permits under the applicable law for the mining or quarrying of metals, minerals or minor minerals required for the Works (if he so desires), as the case may be from the Statelcentral Government authorities and pay the fee or charges applicable, thereto.

The Contract Pr ice shall also be inclusive of Service Tax applicable on services such as Construction Services / Works Contract Services as per the rates prevail ing as on seven (7) days prior to the date of bid opening. In case of any variation in the rate of Service Tax during the period of Contract, an equitable amount shal l be payable to the Contractor to fully take into account any such change o n production of satisfactory documentary evidence, The Contract Price shal l also be inclusive of any Seigniorage Fee or Royalties or cess or other charges payable on the quarried or mined metal, minerals or minor minerals, as the case may be, at the rate(s) prevailing within seven (7) days prior to the date of bid opening. In case of variation in the rate of Seigniorage Fee or royalties during the period of contract, an equitable amount shall be paid tolrecovered from the Contractor, upon the submission of satisfactory documentary evidence.

If a new tax, duty or levy is imposed under statute or law in India after the date seven (7) days prior to date of bid opening and the Contractor becomes liable there under t o pay and actually pays the said new tax, duty or levy for bonafide use on the Works contracted, the same shall be reimbursed to the

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Contractor against documentary evidence of proof of payment, provided that the amount thus claimed is not paidlpayable under price variation provision of the Contract.

The paymentlreimbursement of statutory variations in the rates of tax and/or of new tax, duty or levy imposed under statute or law in India as per GCC Sub-clauses 26.2, 26.3, 26.4 and 26.5 above, would be restricted only to direct transactions between the Employer and the Contractor.

The Employer shall be entitled to make necessary tax deductions at source as per the prevalent laws. The Contractor shall be required to submit the PAN details to the Engineer-in-Charge before the submission of the first bill1 invoice under the Contract.

The Contractor shall himself be informed of all the applicable laws, notifications, rules, circulars and other communications of the State or Central or other authorities with regard to levy of any tax, duty, cess, levy or fee etc, which in any manner may impinge upon him in performance of any obligationslresponsibilit ies under or arising out of the Contract.

Overpayments and Underpayments

Wherever any claim for the payment of a sum of money to the Employer arises out of or under this Contract against the Contractor, the Contractor upon demand by the Employer or by the Engineer-in-Charge on behalf of the Employer, with explanation of the reasons for such a sum1 claim becoming due, shall forthwith pay the same to the Employer. If the Contractor fails to do so within twenty-one(21) days of such a claim, then the same may be deducted by the Employer from any sum then due or which at any time thereafter may become due to the Contractor under this Contract or from any other sum due to the Contractor from the Employer which may be available with the Employer or from his security deposit.

The Employer reserves the right to carry out post payment audit and technical examination of the final bill including all supporting vouchers, abstracts, etc. The Employer further reserves the right to enforce and recover any overpayment when detected, notwithstanding the fact that the amount of the final bill may include any item which is under dispute between the parties and referred to for settlement under GCC Clause entitled 'Settlement of Disputes' and notwithstanding the fact that the amount of the final bill figures in the arbitration decisionlaward.

If as a result of such audit and technical examination, any overpayment is discovered in respect of any Work done by the Contractor or alleged to have been done by him under the Contract, it shall be recovered by the Employer from the Contractor by any or all of the methods prescribed above. Similarly if any underpayment is discovered by the Employer, the amount shall be duly paid to the Contractor by the Employer forthwith.

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27.4 Provided that the aforesaid right of the Employer to adjust overpayments against amounts due to the Contractor under any other Contract with the Employer shall not extend beyond the period of two years from the date of payment of the f inal bill or in case the final bi l l is a minus bill, from the date the amount payable by the Contractor under the minus final bill is communicated to the Contractor.

27.5 Any amount due to the Contractor under this Contract for underpayment may also be adjusted against any amount then due or which may at any time thereafter become due from the Employer to the Contractor under any other Contract or account whatsoever.

28. Time Limit for submission & payment of Final Bill and waiver of rights of all claims

28.1 The final bill shall be submitted by the Contractor within three(3) months of physical completion of the Works unless otherwise a longer period is agreed to between the Engineer-in-Charge and the Contractor. No further claims shall be made by the Contractor after submission of the final bill and these shall be deemed to have been waived and extinguished. Payment of the final bill will be made within four(4) months of receipt of the same.

D. Execution of Facilities

29. Work Commencement, Execution & Delays

29.1 Commencement of Works

The execution of the Works shall commence from the 1 4 ' ~ day after the date on which the Engineer-in-Charge issues written orders to commence the Work, unless otherwise stated elsewhere in the Contract.

Time for Completion

The entire scope of Work covered under this Contract shall be completed within the time stated in SCC or within such extended time granted to the Contractor by the Employer under the provisions of GCC Sub-clause 29 .5 . The time allowed for execution of the Works as specified in the SCC or the extended time in accordance with these Conditions shall be the essence of the Contract.

29.3 Work Progress

29.3.1 Unless already incorporated in the Letter of Award, as soon as possible after the Contract is awarded, the Engineer-in-Charge and the Contractor shall agree upon a Work Schedule which will become the Contract Work Schedule. The Work Schedule shall be prepared in direct relation to the time stated in the Contract documents for the completion of the Works. The Work Schedule shall indicate the forecast of the dates of commencement and completion of various trades or sections of work.

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All the Contractor's activities shall be performed and completed strictly in accordance with the agreed Work Schedule and to achieve the targets, the Contractor shall have to plan adequate mobilisation of al l resources. The Engineer-in-Charge, shall however, have the right to review the progress and modify the sequence of carrying out the Work suiting the Site conditions and the Contractor shall be required to comply with such modifications and complete his activities in accordance thereof without any extra cost to the Employer.

Progress Review Meetings

The Contractor shall attend all periodic progress review meetings organized by the Engineer-in-Charge or his authorized representative. The deliberations in the meetings shall interalia include the scheduled program, progress of work achieved(inc1uding details of manpower, tools and plants deployed by the Contractor vis-a-vis agreed Work Schedule), inputs to be provided by Employer, delays, if any and recovery programme, specific hindrances to the Work and work instructions by Engineer-in-Charge. The minutes of such meetings shall be recorded in triplicate in a numbered register available with the Engineer-in-Charge or his authorised representative. These recordings shall be jointly signed by the Engineer-in- Charge or his authorized representatives and the Contractor and one copy of the signed records shall be handed over to the Contractor.

Contract Coordination Procedures, Coordination Meetings & Progress Reporting

The Contractor shall prepare and finalise in consultation with the Engineer- in-Charge, a detailed contract coordination procedure within twenty eight (28) days from the date of issue of Letter of Award, for the purpose of execution of the Contract.

The Contractor shall have to attend all the meetings at his own cost with Engineer-in-Charge or any authorised representative of the Employer during the currency of the Contract, as and when required and fully cooperate with such persons and agencies involved during these discussions.

During the execution of the Work, the Contractor shall submit at his own cost a detailed monthly progress report to the Engineer-in-Charge in three copies, latest by 1 4 ~ ~ of every month.

Extension of Time for Completion

The Time for Completion specified shall be extended if the Contractor is delayed or impeded in the performance of any of the obligations under the Contract by reason of any of the following:

a) any occurrence of Force majeure as provided in GCC Clause entitled 'Force Majeure', or

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b) Work Schedules for beyond deviation limits & Extra Items as provided in GCC Sub-clause 49.5, or

c) any default or breach of the Contract by the Employer, or delay on the part of other contractors engaged by the Employer in executing work not forming part of this Contract, or

d) any suspension order given by the Employer under GCC Sub-clauses 50.1 (ii) and 50.1 (iii), or

e) Any other sufficient cause which, in the opinion of the Engineer-in- Charge, is beyond the Contractor's reasonable control;

by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Contactor.

29.5.2 Except where otherwise specifically provided in the Contract, the Contractor shall submit to the Employer a notice in writing of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable, but no later than twenty eight (28) days after the commencement of such event or circumstance. As soon as reasonably practicable, after the receipt of such notice and supporting particulars of the claim, the Employer shall give a fair and reasonable extension of t ime for completion of Work. Such extension shall be communicated to the Contractor by the Engineer-in- Charge in writing, within fifty-six(56) days of the date of receipt of such request by the Engineer-in-Charge.

29.5.3 The Contractor shall at all times use his reasonable efforts to minimise any delay in the performance of his obligations under the Contract.

29.5.4 The compensations, if any, payable to the Contractor on account of any one or more of the above reasons of delay have been separately dealt with under relevant provisions of the Contract.

29.6 Liquidated Damages for Delay

29.6.1 If the Contractor fails to complete the Work on or before the scheduled or extended date of completion as per GCC Sub-Clauses 29.2 and 29.5, he shall, without prejudice to any other right or remedy of the Employer, arising out of the Contract on account of such delay, be liable for payment of liquidated damages, not as penalty, as per provisions of SCC Clause entitled 'Liquidated Damages for Delay'.

29.6.2 The following documents shall form the principal basis for consideration of Extension of Time for Completion pursuant to GCC Sub-clause 29.5 with or without Liquidated Damages and determining the compensation amount pursuant to GCC Sub-clause 29.6.

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1. The joint recordings in the periodic meeting register, 2. Records of Technical Coordination meetings, 3. Records of Contract Review meetings, 4. Written notices issued by the Employer andlor the Engineer-in-

Charge or his authorized representative to the Contractor in the relevant period.

5. Written requests1 notices by the Contractor to Employer1 Engineer- in-Charge in the relevant period.

29.7 Delays by Employer or his Authorised Representative

29.7.1 In case the Contractor's performance is delayed due to any act of omission on the part of the Employer or his authorised representative, then the Contractor shall be given appropriate extension of time for the completion of the Works, to the extent such omission on the part of the Employer has caused delay in the Contractor's performance of his work. Regarding reasonableness or otherwise of the extension of time, the decision of the Engineer-in-Charge shall be final.

29.7.2 If such delays by the Employer have resulted in any increase in the cost to the Contractor, the Contractor shall be eligible to claim demonstrable and reasonable costs supported by full details of such increased costs incurred by him with all documentary evidence. The Employer shall -examine the justification for such a request for claim and if satisfied, the extent of compensation shall be mutually agreed depending upon the circumstances at the time of such an occurrence.

Sub Contracts

After the award of the Contract, the Contractor shall not subcontract the Works1 any part of the Works without the prior written consent of the Engineer-in-Charge. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any Sub-contractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen.

Provided that the Contractor shall not be required to obtain such consent for:

a) the provision of labour,

b) the purchase of materials which are in accordance with the standards specified in the Contract, or

c) the subcontracting of any part of the Works for which the sub-contractor is named in the Contract.

In the event of the Contractor proposing a sub-contractor for any part of the

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Works after the award of the Contract, he shall be required to take approval from the Engineer-in-Charge. If the Engineer-in-Charge approves of the same, he shal l stipulate qualifying requirements for the sub-contractors to perform the specified part of Work. The Contractor will then submit the requisite credentials of the agency(ies) h e proposes to engage. The details so furnished by the Contractor shall be reviewed by the Employer. In case the agency(ies) proposed by the Contractor for the subcontracting are not considered acceptable, the Contractor wil l be required to furnish credentials of alternate agency(ies) for approval o f Engineer-in-Charge. Based on the review and assessment, the agency(ies) shall be approved by the Engineer- in-Charge within twenty-one (21) days o f furnishing of credentials by the Contractor.

Where a list o f approved agencies for a sub-contracting work is provided in the Contract, the Contractor shall inform the name of the sub-contractor selected by h im within a period as agreed with the Engineer-in-Charge, however not later than twenty-eight (28) days of the date of such selection.

Setting out the Works

The Engineer-in-Charge shall supply dimensioned drawings, levels and other information necessary to enable the Contractor to set out the Works and the Contractor shal l set out the Works and be responsible for the accuracy of the same. He shal l amend at his own cost and to the satisfaction of the Engineer-in-Charge any error found at any stage which may arise through inaccurate sett ing out unless such error is based on incorrect data furnished in writing by the Engineer-in-Charge, in which case the cost of rectification shall be borne by the Employer. The Contractor shall protect and preserve all bench marks used in setting out the Works ti l l date of submission of final bill under the Contract, unless the Engineer-in-Charge directs otherwise.

Methodology of Construction & Equipment Mobilisation

Methodology o f construction and the work plan adopted by Contractor shall match the construction methodology/requirements specified in Technical Specifications.

The suggested minimum plant & equipment arid machinery to be deployed by the Contractor for the execution of Work shall be as given in Technical Specif ications.

The Contractor shall arrange at his own expense all tools, plant and equipment (hereinafter referred to as T & P) required for execution of the Work, except as otherwise specified in SCC at rates and on terms specified therein.

Patent Indemnity

The Contractor shall indemnify and hold harmless the Employer and its employees and officers from and against any and all suits, actions or

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administrative proceedings, claims, demands, losses, damages, costs, and expenses of whatsoever nature, including attorney's fees and expenses, which the Employer may suffer as a result of any infringement or alleged infringement of any patent, utility model, registered design, trademark, copyright or other intellectual property right registered or otherwise existing at the date of the Contract in the performance of the Contract.

In the event of any claim being made or action being brought against the Employer or its representatives or its employees, in respect of any such matters as aforesaid, the Contractor shall immediately be notified thereof. However, such indemnity shall not apply when such infringement has taken place in complying with the specific directions issued by the Employer; but the Contractor shall pay any royalties or other charges payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use was as a result of any drawings andlor specifications issued after the award of Contract by the Employer, provided further that the Contractor has brought to the notice of the Engineer-in-Charge, of such infringement immediately upon the instructions of the Engineer-in-Charge or upon the Contractor becoming aware of such infringement.

34. Materials for the performance of the Contract

(a) Materials to be provided by the Contractor

1. The Contractor shall at his own expense, provide all materials required for the Works other than those which are to be issued by the Employer.

2. All materials to be provided by the Contractor shall be in conformity with the specifications laid down in the Contract and the Contractor shall, if requested by the Engineer-in-Charge, furnish proof to the satisfaction of Engineer-in-Charge that the materials so comply.

3 . Wherever required by the Engineer-in-Charge, the Contractor shall, at his own expense and without delay, provide samples of materials proposed to be used in the Works. The Engineer-in- Charge shall within seven(7) days thereafter or within such further period as he may require, intimate to the Contractor in writing, whether samples are approved by him or not. If samples are not approved, the Contractor shall forthwith arrange for fresh samples complying with the Technical specifications laid down in the Contract, for approval.

4 . The Engineer-in-Charge shall have full powers to require removal of any or all of the materials brought to site by the Contractor which are not in accordance with the Contract specifications or do not conform in character or quality to samples approved by him. In case of default on the part of the Contractor in removing rejected materials, the Engineer-in-Charge shall be at liberty to

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have them removed by other means. The Engineer-in-Charge shall have full powers to order the Contractor to provide other proper materials to be substituted for rejected materials and in the event of the Contractor refusing to comply, he may cause the same to be supplied by other means. Al l costs, which may attend upon such removal and/or substitution, shall be borne by the Contractor.

5. The Engineer-in-Charge shall be entitled to have tests carried out as specified in the Contract for any materials supplied by the Contractor other than those for which, as stated above, satisfactory proof has already been furnished, at the cost of the Contractor and the Contractor shall provide at his expense all facilities which the Engineer-in-Charge may reasonably require for the purpose. If no tests are specified in the Contract, and such tests are required by the Engineer-in-Charge, the Contractor shall provide all facilities required for the purpose and the charges for these tests including the cost of materials consumed/used in such tests shall be to the account of Employer, except if the tests disclose that the said materials are not in accordance with the provision of the Contract, then the same shall be to the account of the Contractor.

6. The Contractor shall indemnify the Employer, its representatives or its employees against any action, claim or proceeding relating to infringement or use of any patent or design or any alleged patent or design rights and shall pay any royalties or other charges which may be payable in respect of any article or material or part thereof included in the Contract. In the event of any claim being made or action being brought against the Employer or its representatives or its employees, in respect of any such matters as aforesaid, the Contractor shall immediately be notified thereof. However, such indemnity shall not apply when such infringement has taken place in complying with the specific directions issued by the Employer; but the Contractor shall pay any royalties or other charges payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use was as a result of any drawings and/or specifications issued after the award of Contract by the Employer, provided further that the Contractor has brought to the notice of the Engineer-in-Charge, of such infringement immediately upon the instructions of the Engineer-in-Charge or upon the Contractor becoming aware of such infringement.

7 . Subject as hereinafter provided in GCC Clause entitled 'Contract Price Adjustment' all charges on account of octroi, terminal or sales tax and other levies on materials obtained for the Works from any source (excluding materials issued by the Employer) shall be borne by the Contractor.

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(b) Materials to be issued by the Employer:

(i) Materials to be issued by the Employer free of cost

The Employer, if so stipulated in SCC, may issue cement, reinforcement steel and structural steel to the Contractor free of cost for incorporation in the Works as per the terms and conditions specified in the SCCITechnical Specifications.

(ii) Materials to be issued by the Employer on chargeable basis

If after the award of the Contract, the Contractor desires the Employer to issue/supply any other materials, for the purposes of the Contract such materials may be issued by the Employer, if available, at rates and terms and conditions to be fixed by the Engineer-in-Charge. The Employer reserves the right not to issue any such materials. The non-issue of such materials will not entitle the Contractor for any compensation whatsoever either in time or in cost.

(c) General:

1. Materials required for the Works, whether brought by the Contractor or issued by the Employer, shall be stored by the Contractor only at places approved by the Engineer-in-Charge. Storage and safe custody of material shall be the responsibility of the Contractor.

2. Engineer-in-Charge shall be entitled at any time to inspect and examine any materials intended to be used in or on the Works, either on the Site or at factory or workshop or other place(s) where such materials are assembled, fabricated, manufactured or at any place(s) where these are lying or from which these are being obtained and the Contractor shall give such facilities as may be reasonably required for such inspection and examination.

3 . All materials brought to the Site shall not be removed off the Site without the prior written approval of the Engineer-in-Charge. But whenever the Works are finally completed and advance, if any, in respect of any such material is fully recovered, the Contractor shall at his own expense forthwith remove from the Site all surplus material originally supplied by him.

4. The Employer may issue all the materials agreed to be issued to the Contractor under the Contract, at its site stores, or nearest railhead. In case the materials are issued at the nearest rail head, the cost of transportation only, from such rail head to the Site will be borne by the Employer, subject to the reasonableness of such transportation cost being certified by the Engineer-in-Charge. All other costs such as loading, unloading, transportation to Contractor's godown, storage etc. till the materials are incorporated in the Works or returned to the

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Employer shall be to the account of the Contractor.

5. All materials issued to the Contractor, by the Employer for incorporation or fixing in the Works (including preparatory work) shall, on completion or on termination of the Contract, be returned by the Contractor at his expense, at the Employer's store, after making due allowance for actual consumption, reasonable wear and tear andlor waste. If the Contractor is required to deliver such materials at a place other than the Employer's store, he shall do so and the transportation charges from the Site to such place, less the transportation charges which would have been incurred by the Contractor, had such materials been delivered at the Employer's store, shall be borne by the Employer.

Quality Assurance Programme

Sampling, testing and quality assurance requirements are given in Technical Specifications.

All costs associated with testing of materials required as per Technical Specifications shall be deemed to be included in Contract rateslprices in the Schedule of Quantities.

Inspection and Approval

All Works embracing more than one process shall be subject to examination and approval at each stage thereof and the Contractor shall give due notice to the Engineer-in-Charge or his authorised representative when each stage is ready. In default of such notice, the Engineer-in-Charge shall be entitled to appraise the quality and extent thereof.

No work shall be covered up or put out of view without the approval of the Engineer-in-Charge or his authorised representative and the Contractor shall provide full opportunity for examination and measurement of any work which is about to be covered up or put out of view and for examination of foundations before further work is placed thereon. The Contractor shall give due notice to the Engineer-in-Charge or his authorised representative whenever any such work or foundation is ready for examination and the Engineer-in-Charge or his representative shall without unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly' attend for the purpose of examining and measuring such work or of examining such foundations. In the event of the failure of the Contractor to give such notice he shall, if required by the Engineer-in-Charge, uncover such work at his own expense.

The Engineer-in-Charge or his authorised representative shall have powers at any time to inspect and examine any part of the Works and the Contractor shall give such facilities as may be reasonably required for such inspection and examination.

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36.4 The Contractor shall uncover any part of the Works and/or make openings in or through the same as the Engineer-in-Charge may from time to time direct for his verification and shall reinstate and make good such part to the satisf- action of the Engineer-in-Charge. If any such part has been covered up or put out of view after being approved by the Engineer-in-Charge and is subsequently found on uncovering to have been executed in accordance with the Contract, the expenses of uncovering and/or making opening in or through, reinstating and making good the same shall be borne by the Employer. In any other case al l such expenses shall be borne by the Contractor.

The additional & specific inspection and approval requirements in respect of the Works are detailed further in the Technical Specifications.

Records and Measurement

The Engineer-in-Charge shall, except as otherwise stated, ascertain and determine by measurement the value of the Work done in accordance with the Contract.

All items having a financial value shall be entered in Measurement Book, level book, etc. prescribed by the Engineer-in-Charge so that a complete record is obtained of all Work performed under the Contract.

Measurements shall be taken jointly by the Engineer-in-Charge or his authorised representative and the Contractor or his authorised representative.

Before taking measurements of any Work the Engineer-in-Charge or his authorised representative for the purpose shall give a reasonable notice to the Contractor. If the Contractor fails to attend or send his authorised representative for taking the measurements after such a notice or fails to countersign or to record the objection, if any, within a week from the date of measurement, then in any such event measurements taken by the Engineer- in-Charge or his authorised representative shall be taken to be correct measurements of the Work

The Contractor shall, without extra charge, provide assistance with every appliance, labour etc. necessary for taking measurements.

Measurements shall be signed and dated by both parties each day on the Site on completion of measurement. If the Contractor objects to any of the measurements recorded, a note to that effect shall be made in the Measurement Book against the item objected to and such note shall be signed and dated by both parties engaged in taking the measurement. The decision of the Engineer-in-Charge on any such dispute or difference or interpretation shall be final and binding on both the parties and shall be beyond the scope of the provisions of settlement of disputes under the

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Contract.

Methods of Measurement

Measurement of Contract items of Work shall be taken in accordance with method of Measurement stipulated in the Technical SpecificationsISchedule of Quantities. In case of extra items, the Engineer-in-Charge shall also specify the method of measurement for such items at the time of his order for execution of such extra items.

In case no method of measurement is stipulated in Technical Specifications1 Schedule of Quantities1 Order of the Engineer-in-Charge, then the Method of Measurement of such items shall be as per the relevant Standard Method of Measurement issued by Indian Standards Institution or general industry practice1 local custom.

Temporary I Enabling Works

The siting and nature of all offices, access road to the work areas, access tracks to work areas, sumps, and all other Temporary 1 Enabling Works as may be required for the proper execution of the Works shall be subject to the approval of the Engineer-in-Charge. These Works shall be executed by the Contractor at his own cost. Hard crusting for pre-assemblylfabrication yard shall be in line with Technical Specifications.

All equipment, labour, materials including cement, reinforcement and the structural steel required for the Enabling Works associated with the entire Contract shall have to be arranged by the Contractor only. Nothing extra shall be paid to the Contractor on this account and the unit rates quoted by the Contractor on this account and the unit rates quoted by the Contractor for various items in the Schedule of Quantities shall be deemed to include the cost of Enabling Works.

However, for fabrication yard or for fabrication of structural steel, if any, hard crusting made with compacted filling using broken hard stone aggregate with binding material shall be measured and paid under relevant item of stone aggregate fil l ing with binding material as specified in Technical Specifications and Schedule of Quantities.

The maximum area of hard crusting that will be paid is limited to consecutive three(3) month peak fabrication quantity in M.T. indicated in the Work Schedule multiplied by 3.5 sq. m per M.T. The hard crusting area arrived as above shall be further subject to availability of appropriate area in the general layout p lan and approval of the Engineer-in-Charge.

Further development of fabrication and assembly bed, power distribution points, cable laying, drains, additional area of hard crusting over and above area stipulated etc., shall be done by the Contractor, at his own cost.

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1 39.4 The Contractor shall make his own arrangement for approach to the work Site, including borrow / disposal area and for movement of men, machinery, other requirement etc. required for carrying out the Work included under this ~ Contract.

Urgent Works

40.1 If any Urgent Work becomes necessary and the Contractor is unable or unwilling at once to carry it out, the Engineer-in-Charge may by his own or other means, carry it out as he may consider necessary. If the Urgent Work shall be such as the Contractor is liable under the Contract to carry out at his expenses all expenses, incurred on it by the Employer shall be recoverable from the Contractor and be adjusted or set off against any sum payable to him.

1 41. Construction Power and Construction Water Supply and Staff I Labour I Colony

41 .I . I The Contractor shall advise the Engineer-in-Charge, within twenty-eight (28) days from the date of acceptance of the Letter of Award, about his exact requirement of space for his office, storage area, preassembly and fabrication areas, labour and staff colony area(land if available), etc. The above requirement shall be reviewed by the Engineer-in-Charge and space as decided by him will be allotted for his use as well as his Sub-Contractor's use.

41.1.2 On completion o f Work, the Contractor shall handover the land duly cleaned to the Engineer-in-Charge. Until and unless the Contractor has handed over the vacant possession of land allotted to him for the above purpose, the payment of his final bill shall not be made. The Contractor shall be made liable to pay for the use and occupation at the rates to be determined by the Engineer-in-Charge if the Contractor overstays in the land after the Contract is completed.

41.1.3 The Contractor shall submit to the Engineer-in-Charge within twenty-eight (28) days from the date of acceptance of the Letter of Award, his electrical power requirements, if any, to allow the planning of the same by the Engineer-in-Charge. The Contractor shall be provided with free supply of electricity for the purposes of the Contract only, at two convenient locations in the Site. The Contractor shall make his own further distribution arrangement. All temporary wiring must comply with local regulations and will be subject to Engineer-in-Charge's inspection and approval before connection to supply. The free supply of power will not be provided for the use in the labour and staff colony. Power supply for labour and staff colony shall be provided at one point. It shall be the responsibility of the Contractor to take the power supply upto the point of his use. The Contractor shall be charged for power supply to labour and staff colony at rates prevalent as per the tariff of the electricity distribution entity at the Site.

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The Engineer-in-Charge may consider additional points of power supply in deserving and exceptional cases.

The Employer does not guarantee uninterrupted power supply.

The Contractor shall arrange for drinking water to his workmenlstaff at Work Site and other water supply for all purposes for his labour and other personnel at the worksite 1 colony on his own. The quality of water should meet the requirements for which it is proposed to be used. All Civil and Structural Work associated with the above including borings, pipe lines, valves, pumps, tube wells, pump house, underground storage tank, over ground storage tank, water tankers etc., whatsoever required for taking the water from the underground source or any other source to the place of use shall be provided 1 erected1 constructed I maintained by the Contractor at his own cost.

The Contractor shall not be entitled to any compensation on account of the expenditure incurred in arranging the construction water.

Supply of Unfiltered Water for Construction Purposes only

Unless otherwise stated in SCC, the Contractor shall draw water from the water supply mains provided in the project at suitable points to be indicated by the Engineer-in-Charge. All pipe lines, pumps and other accessories required for taking the water from the mains to the site of Work shall be provided by the Contractor at his own cost. He shall not be entitled to any payment on account of the expenditure incurred in providing the pipe lines, pumps, etc. No charges will be levied on the Contractor for the water drawn by him for the purpose of the construction work. Should the water, however, be used for either the colony or for manufacture, always subject to prior written permission of the Engineer-in-Charge, the same shall be chargeable at a rate to be fixed by him whose decision in this regard shall be final. However, the water supply shall have to be taken through a metered connection.

The Employer does not guarantee the maintenance of uninterrupted supply of water and in case of any interruptions of such supply of water; the Contractor shall be responsible for making at his own cost alternative arrangements for water. The Engineer-in-Charge also reserves the right to limit the quantity of water to be allowed to be drawn by the Contractor.

No claim for damages will be entertained by the Employer on account of interruption of water supply or limitation of quantity of water as aforesaid or on account of the water so supplied being not fit for construction purposes or on any other account in connection with such water supply.

It will be the responsibility of the Contractor to adequately treat the water at his cost before use for the intended purpose.

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41.2.5 Where the Contractor makes his own arrangements for water required for the Work, nothing extra shall be paid for the same. He should make arrangements for storage of sufficient quantity of water required for at least a day's work.

42. Site Laboratory

42.1 As part of the Contract, the Contractor shall provide and maintain a site laboratory for the testing of construction materials under the direction and general supervision of the Engineer-in-Charge.

The laboratory building shall be constructed and installed with the appropriate facilities. Temperature and humidity controls shall be available wherever necessary during testing of samples.

All equipments shall be provided by the Contractor so as to be compatible with the testing requirements specified. The Contractor shall maintain the equipment in good working condition for the duration of the Contract.

The Contractor shall provide approved qualified personnel to operate and maintain the laboratory for the duration of the Contract. The number of staff and equipment available must at all times be sufficient to keep pace with the sampling and testing programme as required by the Engineer-in-Charge.

The Contractor shall fully service the site laboratory and shall supply everything necessary for its proper functioning, including all transport needed to move equipment and samples to and from sampling points on the site, etc.

The Contractor shall re-calibrate all measuring devices whenever so required by the Engineer-in-Charge and shall submit the results of such measurements without delay.

Completion Certificate

As soon as the Work is completed, the Contractor shall give notice of such completion to the Engineer-in-Charge and within eighty-four (84) days of receipt of such notice the Engineer-in-Charge shall inspect the Work and shall furnish the Contractor with a certificate of completion indicating (a) date of completion, (b) defects, if any, in the Work to be rectified by the Contractor and/or (c) items, if any, for which payment shall be made at reduced rates. When separate periods of completion have been specified for items or groups of items, the Engineer-in-Charge shall issue separate completion certificates for such item or groups of items. No certificate of completion shall be issued nor shall the Work be considered to be complete till the Contractor shall have removed from the premises on which the Work has been executed all scaffolding, sheds and surplus materials (except such as are required for rectification of defects), and the like to the satisfaction of Engineer-in-Charge. If the Contractor shall fail to comply with any of the requirement of the conditions as aforesaid, on or before the date of

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completion of the Works, the Engineer-in-Charge may, at the expense of the Contractor fulfil such requirements and dispose of the scaffoldings, surplus materials and rubbish etc. as he thinks fit and recover the cost after giving due credit for the realised amount. The term 'completion' used herein means the physical completion of the Work and in no way means to connote the quality or time of performance of the Work.

If at any time before completion of the entire Work, items or groups of items for which separate periods of completion have been specified, have been completed, the Engineer-in-Charge can take possession of any part or parts of the same (any such part(s) being hereinafter in this Condition referred to as 'the relevant part ') notwithstanding anything expressed or implied else- where in this Contract.

In case of such taking over of possession by Engineer-in Charge of the said item or group of items, the following shall govern:

Within twenty-eight (28) days of request by the Contractor, the Engineer-in-Charge shall issue completion certificate for the relevant part as in GCC Sub-clause 43.1 above provided the Contractor fulfils his obligations under that Condition for the relevant part.

The Defects Liability Period in respect of such items and the relevant part shall be deemed to have commenced from the certified date of completion of such items or the relevant part as the case may be.

The Contractor may reduce the value insured under GCC Clause entitled 'Contractor's Liability and Insurance' to the extent of the value of the completed items or relevant part as estimated by the Engineer-in-Charge and notified for this purpose. This estimate shall be applicable for this purpose only and for no other.

For the purposes of ascertaining liquidated damages for delay under GCC Sub-clause 29.6 in respect of any period during which the Works are not complete the relevant part will be deemed to form a separate item or group, with date of completion as given in the Contract or as extended under GCC Sub-clause 29.2 and actual date of completion as certified by the Engineer-in-Charge under this Clause.

Defects Liability

Liability for Damage, Defects or Imperfections and Rectification thereof

If the Contractor or his workmen or employees shall injure or destroy any part of the building/structure in which they may be working or any building, road, fence etc. contiguous to the premises on which the Work or any part of it is being executed, or i f any damage shall happen to the Work while in progress, the Contractor shall upon receipt of a notice in writing in that behalf make the same good at his own expense. If i t shall appear to the Engineer-in-Charge or his representative at any time during construction or

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re-construction or prior to the expiration of the Defects Liability Period, that any work has been executed with unsound, imperfect or unskilled workmanship or that any materials or articles provided by the Contractor for execution of the Work are unsound or of a quality inferior to that contracted for, or otherwise not in accordance with the Contract, or that any defect, shrinkage or other faults have appeared in the Work arising out of defective or improper materials or workmanship, the Contractor shall, upon receipt of a notice in writing in that behalf from the Engineer-in-Charge, forthwith rectify or remove and re-construct the work so specified in whole or in part, as the case may require or as the case may be, andlor remove the materials or articles so specified and provide other proper and suitable materials or articles at his own expense, notwithstanding that the same may have been inadvertently passed, certified and paid for and in the event of his failing to do so within the period to be specified by the Engineer-in-Charge in his notice aforesaid, the Engineer-in-Charge may rectify or remove and re- execute the work and/or remove and replace with others, the materials or articles complained of, as the case may be, by other means at the risk and expense of the Contractor.

Defects Liability Period

Unless otherwise specified in the SCC, the Contractor shall be responsible to make good and remedy at his own expense within such period as may be stipulated by the Engineer-in-Charge, any defect which may develop or may be noticed before the expiry of twelve (12) months from the certified date of completion.

F. Risk Distribution

46. Employer's and Contractor's Risks and Insurance

46.1 The Employer carries the risks which this Contract states as Employer's risks, and the Contractor carries risks which this Contract states as Contractor's risks, under this clause.

46.2 Irrespective of the Employer's Risks or Contractor's Risks the Contractor shall execute the Works as per Contract and as directed by Engineer-in. Charge.

4 6 . 3 Employer's Risks

46.3.1 'The 'Excepted Risks' are

(1) In so far as they occur in the Union of India and directly affect the execution of the Works:

(a) war and hostilities (whether war be declared or not), invasion, act of foreign enemies.

(b) rebellion, revolution, insurrection or military or usurped power or

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civil war.

(c) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his sub-contractors and arising from the conduct of the Works;

(d) ionizing radiations, or contamination by radio activity 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 component;

(e) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speed;

(f) any operation of the forces of nature, which is unforeseeable or against which an experienced contractor could not reasonably have been expected to have taken adequate precautions or

(2) a cause due to the design of the Works, other than the Contractor's design.

46.3.2 In the event of any loss or damage to the Works or any part thereof and/or to any materials or articles at the Site from out of any occurrence of Excepted Risks, the following provisions shall have effect:

(a) The Contractor shall, as may be directed in writing by the Engineer-in- Charge, remove from the Site any debris and so much of the Works as shall have been damaged, take the same to the place identified by the Employer, at the Employer's cost.

(b) The Contractor shall, as may be directed in writing by the Engineer-in- Charge, proceed to rectify, repair, reconstruct or replace the damaged articles, materials and the Works under and in accordance with the Conditions of the Contract, at the Employer's cost.

46.3.3 The Contractor shall not be entitled to payment under the above provisions in respect of so much loss or damage as has been occasioned by any failure on his part to perform his obligations under the Contract or not taking precautions to prevent loss or damage or minimize the amount of such loss or damage.

46.4 Contractor's Risks

46.4.1 All risks of loss of or damage to the physical property and of personal injury and death, which arise during and in consequence of the performance of the Contract, other than those covered under the Excepted Risks, will be the liability of the Contractor, except as otherwise provided in the Contract.

46.4.2 From commencement to completion of the Works, the Contractor shall take

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full responsibility for the care thereof and for taking precautions to prevent loss or damage and to minimize loss or damage to the greatest extent possible and shall be liable for any damage or loss that may happen to the Works or any part thereof from any cause whatsoever (save and except due to Excepted Risks) and shall at his own cost repair and make good the same so that at completion, the Works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and instructions of the Engineer-in-Charge.

46.4.3 The Contractor shall indemnify and keep indemnified the Employer against all losses and claims for injuries or damage to any person or any property whatsoever which may arise out of or in consequence of the construction and maintenance of the Works and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto; Provided always that nothing herein contained shall be deemed to render the Contractor liable for or in respect of or to indemnify the Employer against any Compensation or damage caused by any occurrence of the Excepted Risks.

46.5 Insurance

46.5.1 Before commencing the execution of the Works, the Contractor shall, without in any way limiting his obligations and responsibilities under this clause, indemnify the Employer against any damage1 loss or injury which may occur to any property or to any person (including any employee of the Employer) by or arising out of carrying out of the Contract, except due to reasons of 'Excepted Risks'.

46.5.2 Towards this end, the Contractor shall arrange adequate insurance coverages, in the joint names of the Employer and the Contractor, from the date of commencement of the Work to the end of the Defects Liability Period, to the nature and content, amounts and deductibles as further elaborated and detailed in the SCC for the following events which interalia will include the following:

(i) loss of or damage to the Works including Employer issued materials; (ii) loss of or damage to the Contractor's T&P; (iii) loss of or damage to the property other than Works including those of

third parties; and (iv) injury or death of personnel belonging to the Contractor, the Employer

or any other party.

46.5.3 Where Employer's building or a part thereof is rented by the Contractor, he shall insure the entire building if the building or any part thereof is used by him for the purpose of storing or using materials of combustible nature as to

I which the decision o f the Engineer-in-Charge shall be final.

46.5.4 Contractor shall ensure that the insurance coverage of the above policies include any loss or damage to his Staff, Supervisors, Engineers and others who are not covered by Workmen Compensation Act. Alternatively, the

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Contractor will take suitable additional or separate insurance policies to cover the same.

All monies payable by the insurers under such policy or policies shall be first to be paid to the Employer who shall pay to the Contractor i n instalments for the purpose of rebuilding or replacement or repair of the damaged Works, Contractor's T&P andlor materials destroyed or damaged as the case may be. Such payments of monies will be made in a manner that the payments are commensurate with the progress and cost of the repair, replacement and reconstruction, as may be and as determined by the Engineer-in-Charge in consultation with the Contractor.

Policies and certificate for insurance shall be delivered by the Contractor to the Project Engineer for the Project Engineer's approval before the date of commencement of the Works.

If the Contractor has a blanket insurance policy for all his works and the policy covers all or some of the items to be insured under this Clause, the said policy shall be assigned by the Contractor in favour of the Employer; provided however if any amount is payable under the policy by the insurers in respect of works other than the Work under this Contract, the same may be recovered by the Contractor directly from the insurers.

The aforesaid insurance policylpolicies shall provide that they shall not be materially modified1 cancelled t i l l the Engineer-in-Charge has agreed to such modification or cancellation in writing.

Upon grant of the time extension by the Engineer-in-Charge, it is understood that the Contractor's liability of indemnity will be extended suitably without any further action by the Employer and the Contractor shall promptly furnish documentary evidence to Engineer-in-Charge towards extension of insurance policies for the period of time extension.

The Contractor shall ensure that where applicable, his Sub-Contractor(s) shall take out and maintain in effect adequate insurance policies for their personnel and vehicles and for the part of the Works executed by them under the Contract, unless such Sub-contractors are covered by the policies taken out by the Contractor.

If the Contractor and/or his Sub-Contractors (if any) shall fai l to effect and keep in force the insurance coverage, referred to above or any other insurance which helthey may be required to effect under the terms of the Contract, then in any such case the Employer may, without being bound to, effect and keep in force any such insurance coverage and pay such premium or premiums, as may be necessary for that purpose from time to time and deduct the amount so paid by the Employer from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor.

If the Contractor does not provide any of the policies and certificates

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required, the Employer, with due notice to the Contractor may effect the insurance which the Contractor should have provided and recover the premiums, the Employer has paid from payments otherwise due to the Contractor or, i f no payment is due, the payment of the premiums shall be a debt due from the Contractor.

Force Majeure

Definition of Force Majeure

"Force Majeure" shall mean any event beyond the control of the Employer or of the Contractor, as the case may be, (but excluding 'Excepted Risks', which shall be dealt in accordance with GCC Clause entitled "Employer's Risks") and which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affect the performance of the Contract.

Notwithstanding the generality of the above, the following events shall be termed as Force Majeure events in respect o f the Contract

(i) terrorist acts, (ii) confiscation, nationalization, mobilization, commandeering or

requisition by or under the order of any government or de jure or de facto authority or ruler or any other act of failure to act of any local state or national government authority,

(iii) national/sectoral/illegal strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means of public transportation and communication, industrial dispute, shipwreck, epidemics, quarantine and plague

Notice of Force Majeure

If either party i s prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

The party who has given such notice shall be excused from the performance or punctual performance is prevented, hindered or delayed.

Notwithstanding any other provision of the Clause, Force Majeure shall not apply to any obligations of the Employer to make payments to the Contractor herein.

Duty to Minimize Delay

The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but

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without prejudice to either party's right to terminate the Contract under GCC Sub-clause 47.5.

I 47.4 Consequence of Force Majeure

47.4.1 If the Contractor is prevented from performing its obligations under the Contract by reason of Force Majeure of which notice has been given under Sub-clause 47.2.1, and suffers delay by reason of such Force Majeure, the Contractor shall be entitled to an extension of time for any such delay, if the Completion is or will be delayed, in accordance with GCC Sub-clause entitled "Extension of Time for Completion".

47.4.2 No delay or nonperformance by either party hereto caused by the occurrence of any event of Force Majeure shall

(a) constitute a default or breach of the Contract, (b) give rise to any claim for damages or additional cost or expense

occasioned thereby if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure.

47.5 Termination for reasons due to extended Force Majeure

47.5.1 I f the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than seventy (70) days or an aggregate period of more than one hundred and forty (140) days or any such extended period as may be agreed to between the parties on account of one or more events of Force Majeure during the currency of the Contract, the parties will attempt to develop a mutually satisfactory solution, failing which either party may terminate the Contract by giving a notice to the other.

47.5.2 In the event of termination pursuant to GCC Sub-clause 47.5.1, the rights and obligations of the Employer and the Contractor shall be as specified hereunder:

(a)the Contractor shall be paid at contract rates for the work already executed by him

(b)The Employer shall have an option to take over the Contractor's facilities/materials or any part thereof brought to site by the Contractor's facilities/materials or any part thereof brought to site by the Contractor, at such rates as are determined reasonable by the Engineer-in-Charge.

47.5.3 In the event of any disagreement of the parties relating to matters at GCC 47.5.2, the dispute shall be settled in accordance with GCC Clause titled "Settlement of Disputes".

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Changes in Contract Element

Changes in Constitution:

Where the Contractor is a partnership firm, prior approval in writing of the Employer shall be obtained before any change is made in the constitution of the firm. Where the Contractor is an individual or a Hindu Undivided Family business concern such approval as aforesaid shall likewise be obtained before the Contractor enters into any partnership firm which would have the right to carry out the Work hereby undertaken by the Contractor. If prior approval as aforesaid is not obtained, the Contract shall be deemed to have been assigned in contravention of GCC Sub-clause 51.3 hereof and the same action may be taken and the same consequences shall ensue as provided for in the said GCC Sub-clause 51.3.

Powers of Engineer-in-Charge for alterations1 omissionsl additions lsubstitutions

The Engineer-in-Charge shall have power (i) to make alterations in, omissions from, additions to, or substitutions for the original specifications, drawings, designs and instructions that may appear to him to be necessary or advisable during the progress of the work, and (ii) to omit a part of the Works in case of non-availability of a portion of the Site or for any other reasons he may consider necessary and/or reasonable. Any such alterations, omissions, additions or substitutions shall be ordered by the Engineer-in-Charge as a deviation. The Contractor shall be bound to carry out the said deviation in accordance with instructions given to him in writing by the Engineer-in-Charge and such alterations, omissions, additions or substitutions shall form part of the Contract as if originally provided therein and shall be carried out by the Contractor on the same conditions in all respects on which he agreed to do the original Works, except as otherwise provided herein.

Permissible deviation limit for variations in Contract Items

In case of items of Work above ground surface, as it exists at the time of commencement of Work, quantities of which may change due to Site Conditions or any other reasons, the permissible limit of deviations over the original value of each item will be (+)20%.

In case of items of Work below ground surface, as it exists at the time of commencement of Work, quantities of which may change due to Site conditions or any other reasons, the permissible limit of deviations over the original value of each item will be (+) loo% and (-30%).

For the purposes of GCC Sub-clause 49.2.1 above, all the quantities of any item actually executed from 0-120% of the Contract quantity will be payable at Contract rates while the rates for the quantities above 120% will be subject to review/revision. Similarly, for the purposes of GCC Sub-clause

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49.2.2 above, all the quantities of any item actually executed from 70% to +200% of the Contract quantity will be payable at Contract Rates while the rates for the entire quantity executed from 0% to 69% (if the total quantity executed is in this range) and the entire quantity executed above 200% will be subject to reviewlrevision as provisions herein.

49.2.4 In case the Schedule of Quantities contains sub-items of Work under a Main Item, then the above permissible limits of deviation shall be applicable on the value of each such sub-item and not on the entire value of the Main Item.

49.2.5 The deviations up to the above permissible limits shall be carried out by the Contractor at the same rates and terms as per the Contract.

49.3 Methodology for Determination of Rates for variations of Contract Items beyond the permissible deviation limits

49.3.1 For Contract Items which exceed the limits over the original value of that item as mentioned in GCC Sub-clause 49.2.1 & 49.2.2 above, the Contractor may, within fourteen (14) days of the date of receipt of the order to carry out the said work, inform the Engineer-in-Charge under advice to the Employer of the rate which he proposes to claim for such item(s) of Work on Market Rate(s) basis, supported by analysis of the rate claimed and the relevant documents to substantiate the same. The Engineer-in-Charge shall, within seventy (70) days thereafter, after giving due consideration to the rate(s) claimed by the Contractor, determine the rate(s), in consultation with the Contractor, on Market Rate(s) basis. In the event of disagreement between the Engineer-in-Charge and Contractor, even after the said seventy (70) days from the date of submission of claims of the rate(s) by the Contractor, the Engineer-in-Charge within a further period of twenty-one (21) days thereafter, shall fix the rate(s)/price(s) as are, in his opinion appropriate. The rate(s)lprice(s) so fixed shall be notified to the Contractor and shall be final and binding.

49.3.2 If the Engineer-in-Charge fails to determine and notify the rate(s)/price(s) even after expiry of the said twenty-one (21) days, then the Contractor will be at liberty to refer the matter for resolution to the Employer within a further period of fourteen (14) days after the above said twenty one (21) days. If the Employer does not determine and cause the Engineer-in-Charge to notify the rate(s)/price(s), then the matter would be determined in accordance with the provisions of GCC Clause entitled "Settlement of Disputes". However, in the meanwhile, the Engineer-in-Charge will pay for the items of Work executed beyond the permissible deviation limits, at 75% (seventy-five percent) of the rate(s)/price(s) claimed by the Contractor with satisfactory supporting documents or at Contract Rate, whichever is less, purely on adhoc and provisional basis subject to adjustment.

49.3.3 In the event of the Contractor failing to inform the Engineer-in-Charge, within the stipulated period of fourteen (14) days time, the rate(s) which he proposes to claim, supported by relevant documents to substantiate the same, the rate(s) for such item(s) shall then be determined by the

Page 46 of 55

Engineer-in-Charge in consultation with the Contractor (if he so desires) on the basis of Market Rate(s) within seventy (70) days thereafter. The rate(s) /price(s) so determined shall be notified to the Contractor and shall be final and binding.

49.3.4 The provisions of GCC Sub-clauses 49.3.1, 49.3.2 and 49.3.3 above shall only be applicable to such individual Contract I tem(s)l sub-item(s) of Work whose original value is equal to or in excess of 1% of the total Contract Value (as awarded).

49.3.5 For individual Contracts Item(s)l sub-item(s) of Work whose original value as per Letter of Award is less than 1% of the total Contract Value (as awarded) for each such item, there shall be no limit on the extent of deviations over the original value o f the Item and shall be paid on the contracted rate(s)/price(s).

49.3.6 Rates of Items of Work derived on the basis as detailed in GCC Sub-clause 49.3.1 or 49.3.2, or notified under GCC Sub-c lause 49.3.3 shall not be eligible for price adjustment, provided the period of execution of such items of Work beyond the permissible deviation limit as per the schedule to be finalised in line with GCC Sub-clause 49.5, is less than or equal to six(6) months.

49.3.7 Further, in case the period of execution of such items of Work is more than six(6) months, such items shall be eligible for price adjustment as per clause entitled 'Contract Price Adjustment'. The base date in such a situation shall be the date as specified by the Engineer-in-Charge while determination of the Market Rate.

49.4 Methodology for Determination of Rates for Extra Items (Additional, Altered or Substituted Items) of Work

49.4.1 Rates for Extra Items of Work (comprising of Additional, Altered or Substituted items of Work), shall be determined by the Engineer-in-Charge in the following order:

(i) If the rate(s)/price(s) for extra items occurring in a particular schedule of quantities are available in other schedule of quantities forming part of the Contract, the lowest of such rate(s)/price(s) will be used, subject to the nature of work being comparable.

(ii) If the rate(s) cannot be derived as per (i) above, then

(a) In case of contracts with only one Schedule of Quantities forming the part of the Contract, the rate(s)/price(s) for the extra item(s) shall be derived from the lowest of any similar item(s)in that Schedule.

(b) In case of contracts with two or more Schedules of Quantities Page 47 of 55

forming a part of the contract, the rates for the Extra Item(s) will be derived from the nearest similar item appearing in the Schedule in which the extra item is to be executed failing which from any other Schedule in which nearest similar item is available, the rate so derived being the lowest of such derived from nearest similar items in those other Schedules and used.

49.4.2 If the rate for any additional, altered or substituted item of work cannot be determined in the manner specified in GCC Sub-clause 49.4.1 (i) & (ii) above, the Contractor shall, within fourteen (14) days of the date of receipt of the order to carry out the said Work, inform the Engineer-in-Charge under advice to the Employer of the rate which he proposes to claim for such item(s) of Work on Market Rate(s) basis, supported by analysis of the rate claimed and relevant documents to substantiate the same. The Engineer- in-Charge shall, within seventy (70) days thereafter, after giving due consideration to the rate(s) claimed by the Contractor, determine the rate(s), in consultation with the Contractor, on Market Rate(s) basis. In the event of disagreement between the Engineer-in-Charge and Contractor, even after the said seventy (70) days from the date of submission of claims of the rate(s) by the Contractor, the Engineer-in-Charge within a further period of twenty-one (21) days thereafter shall fix the rate(s)/price(s) as are, in his opinion appropriate. The rate(s) /price(s) so fixed shall be notified to the Contractor and shall be final and binding.

49.4.3 If the Engineer-in-Charge fails to determine and notify the rate(s)/price(s) even after expiry of the said twenty-one (21) days, then the Contractor will be at liberty to refer the matter for resolution to the Employer within a further period of fourteen (14) days after the above said twenty-one (21) days. If the Employer does not determine and cause the Engineer-in-Charge to notify the rate(s)/price(s), then the matter would be determined in accordance with the provisions of GCC Clause entitled "Settlement of Disputes". However, in the meanwhile, the Engineer-in-Charge will pay for the extra items of Work, at 75% (seventy-five percent) of the rate(s)/price(s) claimed by the Contractor with supporting documents, purely on adhoc and provisional basis subject to adjustment.

49.4.4 In the event of the Contractor failing to inform the Engineer-in-Charge within the stipulated period of fourteen (14) days time the rate(s) which he proposes to claim, supported by relevant documents to substantiate the same, the rate(s) for such item(s) shall then be determined by the Engineer-in-Charge in consultation with the Contractor (if he so desires) on the basis of Market Rate(s) within seventy (70) days thereafter. The rate(s) Iprice(s) so determined shall be notified to the Contractor and shall be final and binding.

49.4.5 Rates of Extra Items of Work, derived from Schedule of Quantities as detailed in GCC Sub-clause 49.4.1 (i) & (ii) above, shall be eligible for Price Adjustment as per GCC Clause entitled 'Contract Price ~ d j u s t m e n t ' including base date.

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49.4.6 Rates for Extra Items o f Work, derived on the basis as detailed in GCC Sub- Clause 49.4.2 or 49.4.3, or notified under GCC Sub-clause 49.4.4 above shall not be eligible for Price Adjustment, provided the period of execution of such Extra ltems of Work beyond the permissible deviation limit as per the schedule to be finalised in line with GCC Sub-clause 49.5, is less than or equal to six (6) months.

49.4.7 Further, in case the period of execution of such items of Work is more than six(6) months, such items shall be eligible for price adjustment as per clause entitled 'Contract Price Adjustment'. The base date in such a situation shall be the date as specified by the Engineer-in-Charge while determination of the market rate.

49.5 Work Schedules for variation beyond deviation limits & Extra Items

49.5.1 The Engineer-in-Charge shall finalise a Work Schedule in consultation with the Contractor for items of Work beyond deviation limits and the Extra ltems of Work to be executed and the date(s) specified in this agreed Work Schedule shall be considered as the date for working out the Price adjustment amount. The primary consideration by the Engineer-in-Charge while determining the time required for execution of the altered or substituted item(s) of Work, would be quantities of the altered or substituted and not the value of altered or substituted item(s) of Work. The Contractor shall not be eligible for Price Adjustment Payment for quantities of items executed beyond the schedule date(s), if execution of the items of the Work has been delayed for the reasons attributable to the Contractor.

49.5.2 However, the Contractor would be eligible for claim or liable for refund for Price Adjustment(s) for quantities of items of the Work executed beyond the schedule dates based on the value of indices as applicable to the scheduled dates of execution, for such delayed work provided that if the indices during the extended period are lower than the indices during scheduled period of execution, then lower indices shall be applicable.

49.6 Provisional payments

49.6.1 Pending approval of the Rates for Contract Item(s) of Work beyond the permissible deviation limits as well as for Extra ltems (Additional, Altered or Substituted item) of Work, provisional payment at an interim rate (not exceeding 80% of the ratelprice determined by the Engineer-in-Charge), shall be made to the Contractor in the interest of progress of Work, which shall be regularized after approval of Competent Authority.

Suspension of Works

The Contractor shall, on receipt of the order in writing of the Engineer- in-Charge, suspend the progress of the Works or any part thereof for such time and in such manner as the Engineer-in-Charge may consider necessary for any of the following reasons:

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(ii) for proper execution of the Works or part thereof for reasons other than the default on the part of the Contractor; or

(iii) for safety of the Works or part thereof, for reasons other than those attributable to the Contractor.

50.2 The Contractor shall, during such suspension, properly protect and secure the Works to the extent necessary and carry out the instructions given in that behalf by the Engineer-in-Charge.

50.3 If the suspension is ordered for reasons (ii) & (ii i) in Sub-clause 50.1 above, in so far as it concerns suspension of part of the Works or whole of the balance, the Contractor shall be entitled to an extension of time equivalent to the period of suspension plus 25% thereof. The Contractor shall not be eligible for any other compensation whatsoever for such suspension, except as otherwise provided herein under.

1 50.4 If the suspension is ordered for reasons (ii) & (iii) in Sub-clause 50.1 above, as far as it concerns the entire balance of Works on the date of suspension and if such period o f suspension cumulatively exceeds twenty-eight (28) days, then in addition to extension of time as in Sub-clause 50.2 above, the

1 Contractor shall be eligible for compensation, as the Employer may consider reasonable, in respect of salaries and/ or wages paid by the Contractor to his employees and labour at site, remaining idle during the cumulative period of suspension, adding to the total thereof, a reasonable percentage as determined appropriate by the Engineer-in-Charge, to cover indirect expenses and incidentals of the Contractor, provided the Contractor submits his claim supported by details to establish the reasonableness of his claim to the Engineer-in-Charge under advice to the Employer within fourteen (14) days of the expiry of the said twenty-eight (28) days period.

If for any reason other than for reasons of Contractor's default as per GCC Sub-clause 50 . l ( i ) above, if the Contract remains suspended for a continuous period exceeding ninety (90) days, then the Employer and the Contractor shall mutually discuss and agree for a suitable course of action regarding the recommencement/ reinstatement of the suspended work or alternatively treat the suspension as termination 1 abandonment of the Works by the Employer as per GCC Sub-clause 51.1 herein. If out of above discussion it is determined that the Contract has to be treated as terminated under the provisions o f GCC Sub-clause 51.1, then the Contractor shall be eligible for compensation as envisaged in GCC Sub-clause 51 .I .I herein.

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51. Termination

51 .I Termination by the Employer

If at any time after award of Contract, the Employer shall decide to abandon or reduce the scope of the Works for any reason whatsoever and hence not require the whole or any part of the Works to be carried out by the Contractor, the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the Contractor except as herein under provided, shall have no claim to any payment of compensation or otherwise whatsoever, on account of any profit or advantage which he might have derived from the execution of the Works in full but which he did not derive in consequence of the said termination of the whole or part of the Works.

51.1.1 The Contractor shall be paid at Contract rates full amount for works executed at Site and, in addition, a reasonable amount as certified by the Engineer-in- Charge for the items hereunder mentioned which could not be utilised on the Work to the full extent because of the said termination:

(a) Any cost incurred on preliminary site work, e.g. access roads, labour huts, staff quarters and site offices; storage accommodation and water storage tanks, etc.

(b) (i) The Employer shall have the option to take over Contractor's facilities1 materials or any part thereof either brought to Site or of which the Contractor is legally bound to accept delivery from suppliers (for incorporation in or incidental to the Work), provided, however, the Employer shall be bound to take over the materials or such portions thereof as the Contractor does not desire to retain. For materials taken over or to be taken over by the Employer, cost of such materials shall, however, take into account purchase price, cost of transportation and deterioration or damage which may have been caused to materials whilst in the custody of the Contractor.

(ii) For Contractor's materials not retained by the Employer, reasonable cost of transporting such materials from Site to Contractor's permanent stores or to his other Works, whichever is less. If materials are not transported to either of the said places, no cost of transportation shall be payable.

(c) If any materials issued by the Employer are rendered surplus, the same except normal wastage shall be returned by the Contractor to the Employer at rates not exceeding those at which these were originally issued less allowance for any deterioration or damage which may have been caused whilst the materials were in the custody of the Contractor. In addition, cost of transporting such materials from Site to the Employer's stores, if so required by the Employer.

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(d) Reasonable compensation for transfer of Contractor's T&P from Site to Contractor's permanent stores or to his other Works, whichever is less. If T&P are not transported to either of the said places, no cost of transportation shall be payable.

51 .I .2 The Contractor shall, if required by the Engineer-in-Charge furnish to him wage books, time sheets and other relevant documents as may be reasonably necessary to enable him to certify the reasonableness of the amount payable under this Clause.

51.2 Termination on Contractor's Death

51.2.1 If the Contractor is an individual or a proprietory concern and the individual or the proprietor dies and if the Contractor is a partnership concern and one of the partners dies, then unless the Employer is satisfied that the legal representatives of the individual Contractor or of the proprietor of the proprietory concern and in the case of partnership, the surviving partners, are capable of carrying out and completing the Contract, the Employer shall be entitled to cancel the Contract as to its incomplete part without the Employer being liable in any way to payment of any compensation to the estate of the deceased Contractor and/or to the surviving partners of the Contractor's firm on account of the cancellation of the Contract. The decision of the Employer that the legal representatives of the deceased Contractor or the surviving partners of the Contractor's firm cannot carry out and complete the Contract shall be final and binding on the parties. In the event of such cancellation the Employer shall not hold the estate of the deceased Contractor and/or the surviving partners of the Contractor's firm liable for damages for not completing the Contract.

51.3 Termination for Contractor's Default

51.3.1 If the Contractor:

(a) at any time makes default in proceeding with the Works with due diligence and continues to do so after a notice of seven (7) days in writing from the Engineer-in-Charge; or

(b) commits default in complying with any of the terms and conditions of Contract and does not remedy it or take effective steps to remedy it within seven (7) days after a notice in writing is given to him in that behalf by the Engineer-in-Charge; or

(c) fails to complete the Works or items of Work with individual dates of completion, on or before the date(s) of completion, and does not complete them within the period specified in a notice given in writing in that behalf by the Engineer-in-Charge; or

(d) shall offer, or give or agree to give to any person in Employer's service

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or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or having done or forborne to do any act in relation to the obtaining or execution of this or any other Contract for the Employer; or

51.3.2 The

(a>

shall enter into a contract with the Employer in connection with which commission has been paid or agreed to be paid by him or to his knowledge, unless the particulars of any such commission and the terms of payment thereof have been previously disclosed in writing to the Employer1 Engineer-in-Charge; or

shall obtain a Contract with the Employer as a result of ring bidding or other non-bonafide methods of competitive bidding; or

being an individual, or if a firm, any partner thereof, shall at any time be adjudged insolvent or have a receiving order or order for administration of his estate made against him or shall take any proceedings for liquidation or composition (other than a voluntary liquidation for the purpose of amalgamation or reconstruction) under any Insolvency Act for the time being in force or make any conveyance or assignment of his affective or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any lnsolvency Act for the time being in force, for the sequestration of his estate or if a trust deed be executed by him for benefit of his creditors; or

being a company, shall pass a resolution or the Court shall make an order for the liquidation of its affairs, or a receiver or manager on behalf of the debenture holders shall be appointed or circumstances shall arise which entitle the Court or debenture holders to appoint a receiver or manager; or

assigns, transfers, sublets (engagement of labour on a piece-work basis or of labour with materials not to be incorporated in the work, shall not be deemed to be subletting) attempts to assign, transfer or sublet the entire Works or any portion thereof without the prior written approval of the Employer;

the Employer may, without prejudice to any other right to remedy which shall have accrued or shall accrue thereafter to the Employer by written notice, cancel the Contract as a whole or only such items of work in default, from the Contract.

Employer shall on such cancellation have rights to:

take possession of the Works and any materials, construction plant, implements, stores, etc., thereon; and/or

carry out the incomplete Work by any means at the risk and cost of the

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Contractor.

On cancellation of the Contract in full or in part, the Employer shall determine what amount, if any, is recoverable from the Contractor for completion o f Works or part of the Works or in case the Works or part of the Works is not completed, the loss or damage suffered by the Employer. In determining the amount, credit shall be given to the Contractor for the value of the work executed by him up to the time of cancellation, the value of Contractor's material taken over as well as incorporated in the work, and use of tools and plants belonging to the Contractor.

51.3.4 Any excess expenditure incurred or to be incurred by the Employer in completing the Works or part of the Works or the excess loss or damages suffered or may be suffered by the Employer as aforesaid after allowing such credit shall be recovered from any money due to the Contractor on any account, and if such money is not sufficient the Contractor shall be called upon in writing to pay the same within twenty-eight (28) days.

51.3.5 If the Contractor shall fail to pay the required sum within the aforesaid period of twenty-eight (28) days, the Engineer-in-Charge shall have the right to sell any or all of the Contractor's unused materials, construction plant, implements, temporary buildings etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from the Contractor under the Contract and if thereafter there be any balance outstanding from the Contractor, it shall be recovered from him.

51.3.6 Any sums in excess of the amounts due to the Employer and unsold materials, construction plant etc., shall be returned to the Contractor, provided always that if cost or anticipated cost of completion by the Employer of the Works or part of the Works is less than the amount which the Contractor would have been paid had he completed the Works or part of the Works, such benefit shall not accrue to the Contractor.

Contractor Performance Feedback and Evaluation System

The Employer has in place an established 'Contractor Performance and Feedback System' against which the Contractor's performance during the execution of Contract shall be evaluated on a continuous basis at regular intervals. In case the performance of the Contractor is found unsatisfactory on any of the following four parameters, the Contractor shall be considered ineligible for participating in future bids of Employer for a period as may be decided by Employer.

1. Financial Status, 2. Project Execution and Project Management Capability, 3. Engineering & QA Capability, and 4. Claims & Disputes.

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Adherence to Fraud Prevention Policy

The Contractor along with its Associate 1 Collaborator 1 Sub-contractors I Sub-vendors 1 Consultants 1 Service Providers shall strictly adhere to the Fraud Prevention Policy of Employer displayed on its website http://www.ntpctender.com. The Contractor along with his associate1 collaborator/ subcontractorl subvendorl consultant/ service provider shall observe the highest standards of ethics and shall not indulge or allow anybody else working in their organization to indulge in fraudulent activities during execution of the contract. The Contractor shall immediately apprise the Employer about any fraud or suspected fraud as soon as it comes to his notice.

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Section – 6

AMMENDMENT TO GCC ERRATTA No.1

1

AMMENDMENT TO GCC ERRATTA No.1

Sl. No.PageNo.

ClauseNo.

Line ofReference

Fill/Add/Delete

1 AllClausesin GCC

Replace the word NTPC Ltd by NTPCLtd/ RITES Ltd

2. AllClausesin GCC

-- Replace the NTPC with RITES LTD, 1,RITES Bhavan, Kadbi Chowk, Nagpur.

3. 1 1 (a) -- Replace the existing Clause with following.

“RITES Ltd.” (RITES) has been engaged as “Project ManagementConsultant” to supervise the above project by the owner (NTPC).RITES, shall, therefore be signing the contract and working on theproject, for and on behalf of its Principal (NTPC) who is the owner& employer of the Project to be constructed, under aRedeemable Power of Attorney. The Contract signed by RITESLtd., is to be treated as the Contract signed by “NTPC”.

4. 1 1 (b) -- Replace the existing Clause with following.

“Contract” shall mean the Contract agreement entered intobetween RITES and the Contractor, together with the ContractDocuments referred to therein; they shall constitute the Contractand the term Contract shall in all such documents be construedaccordingly.

5. 1 1 ( i ) -- Replace the existing Clause with following.

“Contractor” shall mean the Bidder whose bid has been acceptedby RITES for the award of the work and shall include his legalrepresentatives, successors and permitted assigns.

2

6. 2 1 ( l ) -- Replace the existing Clause with following.

“Engineer–In – Charge” or “EIC” shall mean the EngineeringOfficer appointed in writing by RITES to act as Coordinator fromtime to time on behalf of NTPC in all matters pertaining to thisContract. RITES shall authorize “Engineer–in–Charge for direction,supervision, inspection, security and approval of some or all ofthe services rendered by the Contractor under this Contract.

7. 2 1 ( O ) -- Replace the existing Clause with following.

“The ‘Project’ or “Site” or Sipat Thermal Power Project shallmean and include the Land and other places on or over or into orthrough which the Railway Siding for NTPC, Sipat are to beconstructed by the RITES through Contractor on behalf of NTPCas specified in the Scope of work. It shall also include anyadjacent land, path street, river or a reservoir which may beallocated or used by the RITES or Contractor in performance ofthe Contract”.

8. 1( u ) Add new Clause:

“Specification” shall mean the terms and conditions of contractand detail project report for mean a part of bid documents andcontract such other schedules and drawings as may be mutuallyagreed upon.

9. 1 ( v ) Add new Clause:

“Notice of Award of Contract”/”Letter of Award” shall mean theofficial intimation from the RITES notifying the successful bidderthat it’s proposal has been accepted and that the bidder isrequired to sign the contract agreement”.

10. 1 (w ) Add new Clause:

“Date of Contract” shall mean the date on which both partieshave signed the contract agreement or any other date mentionedin Contract/Letter of Award, as the effective date of Contract,whichever is earlier.

11. 1 ( x ) Add new Clause:

Add new Clause “Indian Rupees” or the sign “Rs.” shall mean thecurrency of the Government of India.

3

12. 1 (y ) Add new Clause:

“The Government” shall mean the “Government of India” or“Government of State of chhattisgarh” or an authorizedrepresentative / agency / department of the Government of Indiaor an authorized representative / agency / department of theGovernment of State of chhattisgarh”.

13. 1 (z) Add new Clause:

“Starting Date” shall mean the date from which the periodspecified for various activities are measured and set forth incompletion schedule. The stating date for each schedule, unlessotherwise agreed, shall be as indicated in the respectiveschedule’s.

14. 1 ( z1) Add new Clause:

The “Title” or “Heading” shall not alter or affected the indent orscope of the clause or articles of the documents.

15. 1 ( z2) Add new Clause:

The “Date of Completion of Contract” – unless otherwiseterminated under the provisions of any other relevant Clause ofthe document, the Contract shall be deemed to have beencompleted after issuance of the certification from Engineer – In –Charge that there is no demand out standing against theContractor and all liabilities under the Contract have beensatisfactorily fulfilled by the Contractor.”

16. 1 (z3) Add new Clause:

Word pertaining “Person” shall include firms, companies,corporations and association or bodies of individuals, whetherincorporated or not.

17. 1 (z4) Add new Clause:

“Consultant to NTPC” – NTPC Sipat have appointed M/s. RITES asthe Project Management Consultant for preparing technicalspecifications and drawings for the work of Construction ofRailway Siding System and its associated Sub–Systems. TheContractor in accordance with the design, technical specificationsand drawings prepared by RITES shall execute all the works.

4

18. 1 (z5) Add new Clause:

BOQ or SOQ or SOR shall be read as “Schedule of Quantities”.

19. 50 50.3 6 Add:

Subject to the approval of Engineer-In-Charge.

20. 8 10 - Wherever word “EIC” has appeared in the clause shall bereplaced with RITES/NTPC.

21. 35-37 41 - Delete the existing clause.

22. 18 24.5(b) -- Replace “75% of the cost, (as assessed by Engineer-in-charge )of”by “75% of the cost, as assessed by Engineer-in-charge or 75% ofthe material component of the item rate or 75% of the item ratewhichever is lowest for”.

23. 31 & 32 34 (b) -- Delete the existing clause.

SCHEDULE-‘A’

REFERENCE TO GENERAL CONDITIONS OF CONTRACT

Condition No.

Accepting Authority Competent Authority ofRITES

24 Interim bills Monthly

23 Advance

interest per annum on sum advanced 14.5% (Fourteen point fivepercent)

Recovery of Advances to be effected Monthly

7 Authority for appointing arbitrator Competent Authority ofRITES.

Item Type ofCheck Instrument Frequency of test Ref Code/

NormsAccepted Norms class Agency Remarks

Stoneaggregate

(a) Coarse

Partical size and

crushing value

Sieve Analysisand lab test

(crushing strength) 100 cum random IS: 383/2386, TS IS: 383/2386, TS B Vendor NTPC /RITESapproved source

(b) Fine Aggregate

Partical size and

bulkage

Sieve Analysisand lab test

As per IS IS: 383/2386, TS IS: 383/2386, TS B Vendor NTPC /RITESapproved source

Cement43/53 grade

Initial andfinal settingtime Lab Test

one sample of each lot

IS: 8112 TS/BIS Code B Supplier TC frommanufacturer.

FIELD QUALITY PLAN: - Construction of earthwork, bridges, platforms, supply of ballast, supply of P-way material and P-way linking

for proposed private railway siding taking off from Chacher railway station (work within Chacher railway station boundary) for NTPC

Mauda ,Dist Nagpur ( M.S.).

Page 1 of 2

Cement43/53 grade

Initial andfinal settingtime Lab Test

one sample of each lot

IS: 8112 TS/BIS Code B Supplier TC frommanufacturer.

Steel ReinfTMT

Physical& Mechnical

As required/agreed

LOT Test TS, IS: 1786 TS, IS: 1786 B Supplier

Manufacturertest certificate(SAIL, TISCO, IISCO,RINL, JINDAL, ESSAR,ISPAT INDUSTRIESLTD., LLOYED STEELMAKE.)

ConcreteCubeFrequency

Compressive Strength CTM

As per BIS TS/BIS TS/BIS B/A RITES/NTPC To be recordedin cube register

Earthwork

(a) InitialGround Level Level Book As required 100% As per TS As per TS B/A Agency/

RITES

To be recordedjointly with Agency/RITES/NTPC

(b) Final Level Level Book As required 100% As per TS As per TS B/A Agency/RITES

To be recordedjointly withAgency/RITES/NTPC

Page 1 of 2

Item Type ofCheck Instrument Frequency of test Ref Code/

NormsAccepted Norms class Agency Remarks

(c)Soil Grainsize analysis,liquid limit,plastic limitand densitytest

Physical Lab test/insitu 01 per 5000 cumor change of strata/soil IS: 2720 As per TS/IS A Vendors/

RITES/NTPC

To be checkedin presence ofRITES/NTPC

FieldCompactionTest, Soil

Physical insitu test

i) min. one test in eachcompacted layer for every 200

sqm in top 1 m sub grade.ii) min. one test in each

compacted layer for every 500sqm below 1 m of sub grade.

As per TS As per TS A Agency/RITES/NTPC

To be checkedin presence ofRITES/NTPC

FieldCompactionTestmoorum

Physical insitu test 01 per 200 sqmin each layer As per TS As per TS A Agency/

RITES/NTPC

To be checkedin presence ofRITES/NTPC

Brought outitem

Page 2 of 2

Brought outitem(a) RCC Pipe

Physical Manufacturer testcertificate

Manufacturer testcertificate As per TS/BIS BIS B Supplier Manufacturer test

certificate

Bitumen80/100 Physical Manufacturer test

certificate Batch As per MORT & H/IS : 73/TS

As per MORT & H/IS : 73/TS B Vendors

Aproved manufacturer,IOCL, HPCL, SAIL, CILCoal Complex Project

etc.

40 mm sizetrack ballast

Physical andMetalurgical

Lab Test,(abrasion, impact,water absorption)and gradation fieldtest

1 Test in 500 cum each andgradation 100 cum each

As perRailway/RDSO

As perRailway/RDSO A

RITES/NTPC

As per Railway/RDSO

P.way fittingand trackmaterials

As per RITESInspection

Certificate/RDSO

As per RITESInspection

Certificate/RDSO

As per RITES InspectionCertificate/RDSO

As per RITESInspection

Certificate/RDSO

As per RITESInspection

Certificate/RDSO

As perRITESInspectionCertificate/RDSO

As per RITESInspectionCertificate/RDSO

Procurement fromRITES/RDSO/Railway

approved manufacturer

Page 2 of 2

Section – 7

DRAWINGS