TALCHER SUPER THERMAL POWER STATION - Rites Signature of the Tender Under seal of the Firm NATIONAL...

0 Signature of the Tender

Under seal of the Firm

NATIONAL THERMAL POWER CORPORATION LTD.

(A GOVERNMENT OF INDIA ENTERPRISE)

TALCHER SUPER THERMAL POWER STATION

NIT NO.OT/09/2013/RITES/BBSR/NTPC-TALCHER/ PTS & XING Dated 28.01.2013 NAME OF WORK: THROUGH TURNOUT RENEWAL INCLUDING

SUPPLYING OF NEW 60 KG. 1 IN 8.5 TURNOUT, 60 KG. PSC SLEEPERS, FITTINGS & ITS ANCILLARY WORKS AT NTPC LIMITED, TALCHER SUPER THERMAL POWER STATION, KANIHA, PO: DEEPSHIKHA, DIST: ANGUL-759147.

TECHNICAL BID PART-A

CONTENTS

PART-A 1. NOTICE INVITING TENDER & INSTRUCTION TO TENDERERS 2. TECHNICAL BID 3. GENERAL CONDITIONS OF CONTRACT WITH AMMENDMENT / ERRATA 4. SPECIAL CONDITIONS OF CONTRACT 5. TECHNICAL SPECIFICATIONS FOR PERMANENT WAY WORKS 6. SPECIAL CONDITIONS AND SPECIFICATIONS FOR SUPPLY OF BALLAST. 6. TENDER DRAWING (IF ANY). PART-B 1. FINANCIAL BID

JANUARY,2013

CONSULTANT

RITES LTD.

(A GOVERNMENT OF INDIA ENTERPRISE) PROJECT OFFICE,

BHAGWAN TOWER, CUTTACK ROAD BHUBANESWAR-751 006



NOTICE INVITING TENDER AND INSTRUCTIONS TO TENDERERS



RITES LIMITEDRITES LIMITEDRITES LIMITEDRITES LIMITED

(A Govt. of India Enterprise) Regional Project Office, Bhagwan Tower

1st Floor, Cuttack Road, Bhubaneswar-751 006 Phone No.0674-2572527, Fax No.0674-2575284

NOTICE INVITING TENDER NO.OT/09/2013/RITES/BBSR/NTPC-TALCHER/ PTS & XING Dated 28.01.2013

GM(P), RITES Ltd., Bhubaneswar for and on behalf of M/s NTPC Limited,

TSTPS, Kaniha, Odisha invites sealed tenders in two packet system from

contractors who fulfill the qualifying criteria stipulated in tender documents for

the work of “Through turnout renewal including supply of new 60 Kg. 1 in

8.5 Turnout, 60 Kg. PSC sleepers, fittings & its ancillary works at NTPC

Limited/TSTPS, Kaniha. Estimated cost: Rs.4,61,31,150/-. Sale of the tender

documents : From 30.01.2013 to 15.02.2013. EMD : Rs.9,22,630/-,

Completion period : 08 (eight) months. Last date of submission of tender :

15.00 Hrs (IST) on date 18.02.2013. Date of opening : 15.30 Hrs on

18.02.2013. Tender documents including qualifying criteria can be purchased

from Office of GM(P) on the above address at a cost of Rs.7,500/- in the form

of Pay Order / banker’s Cheque / Demand Draft in favour of RITES Ltd /

Bhubaneswar payable at Bhubaneswar on any Nationalized / Scheduled bank

or can be downloaded from web site www.rites.com. Amendments /

Corrigendum if any would be listed on the website only.

GM(P) / RITES Ltd., Bhubaneswar For & on behalf of NTPC Ltd., TSTPS, Kaniha.



INSTRUCTION TO TENDERERS

TENDERER (S) SHOULD CAREFULLY READ THE FOLLOWING INSTRUCTIONS BEFORE

FILLING UP THE TENDER.

1 (a) Rate quoted by the contractor in item rate tender in figures and words shall be

accurately filled in so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is found, the rates which correspond with the amount worked out by the contractor shall unless otherwise proved be taken as correct. If the amount of an item is not worked out by the contractor or it does not correspond with the rates written either in figures or in words then the rates quoted by the contractor in words shall be taken as correct. Where the rates quoted by the contractor in figures and in words tally but the amount is not worked out correctly, the rates quoted by the contractor will unless otherwise provided be taken as correct and not the amount.

(b) Percentage quoted by the contractor in percentage rate tender shall be accurately

filled in figures and words, so that there is no discrepancy. However, if the contractor has worked out the amount of the tender & if any discrepancy is found in the percentage quoted in words & figures, the percentage which corresponds with the amount worked out by the contractor shall, unless otherwise proved, be taken as correct. If the amount of the tender is not worked out by the contractor or it does not correspond with the percentage written either in figures or in words then the percentage quoted by the contractor in words hall be taken as correct. Where the percentage quoted by the contractor in figures & in words tally but the amount is not worked out correctly, the percentage quoted by the contractor will unless otherwise proved, be taken as correct and not the amount.

2. Rates are to be quoted for all the items of the Schedule of Quantities. If rate is not

quoted for any one of the items, the tender is liable to be rejected. 3. Rates shall be quoted only on the prescribed form of the Schedule of Quantities of the

Tender documents issued by this office and each page of all the tender documents including Schedule of Quantities shall be signed under seal of the firm. Any cutting or over-writing in Schedule of Quantities must be initialed. Whitener (i.e. Eraze-Ex) should not be used for any correction. Rates written at places other than those in prescribed form shall not be considered as part of offer.

4. The Tenderer(s) shall not increase his/their rates in case RITES negotiates for reduction

of rates. Such negotiations shall not amount to cancellation or withdrawal of original offer and rates originally quoted will be binding on the tenderer(s).

5. Time is the essence of contract. In order to complete the work within the schedule

time, the tenderer is required to submit a detailed construction Programme for various activities indicating the time required for the same.

6. Tenderers are advised to inspect the sites and their neighbourhoods and acquaint

themselves with actual working and other prevalent conditions. Availability and suitability of local labourers, materials or otherwise should be carefully investigated. Accessibility of sites of work, source of water, soil investigation, campsite, market, banking facilities etc should also be carefully investigated before submitting tender. All such possible factors having likely bearing on rates and progress should be taken into consideration while submitting the tender. The tenderers will be deemed to have satisfied themselves with these conditions before submission of tender.

7. The documents relating to credentials for fulfillment of eligibility criteria must be

submitted along with the offer. The tenderers must mention in their offer the names of documents e.g. Certificates, Letters, Returns etc. which establish that they are eligible to participate in tender, failing which their offer may be passed over for want of documentation. They must produce the original documents, when asked to do so; failing which their offer shall be passed over.



8. No scribbling is permissible in the tender documents and no special conditions are to be

stipulated by the tenderer in the same. If the tenderer wants to intimate anything of importance, he may do so in a separate covering letter. Such stipulations and conditions shall be deemed to be a part of the contract to such extent only as may be explicitly accepted by RITES and communicated to the successful tenderer. RITES however, reserves the right not to accept any such special stipulations and conditions given by the tenderers and may ask the tenderer to withdraw any or all such stipulations and conditions before awarding the contract. In the event of refusal of the tenderer to do so the tender is liable to be rejected.

9. Canvassing in connection with Tender is strictly prohibited and the Tenders submitted by

the Tenderer who resort to canvassing will be liable to rejection. 10. On acceptance of the tender, the name of the authorised representative(s) of the

Contractor who would be responsible for taking instructions from the Engineer-in-Charge shall be communicated to the Engineer-in-Charge.

11. The rates to be quoted in the Schedule of Quantities should be inclusive of Sales Tax or

any other Tax, levies, duties on materials, labour and material on complete works in respect of this contract. RITES will not entertain any claim whatsoever in this respect.

12. The Contractor must submit latest valid Income Tax clearance certificate and Sales Tax

/VAT Clearance Certificate along with the tender. 13. Under Section 194-C of the Income Tax Act, 1961, deduction of necessary Income Tax

will be made from bills for carrying out the work under this Contract. 14. Sales Tax, Labour welfare cess, as applicable, as per rate stipulated by the Govt., will

also be deducted from the Contractor's bills. 15. The successful tenderer(s) shall be required to execute an agreement in prescribed

proforma with RITES within the stipulated time for carrying out the work as per accepted conditions.

16. If the office of RITES happens to be closed on the date of receipt of Tender, the Tender will be received and opened on the next working day at the same time and venue without any further notice.

17. The tenderer(s) shall submit analysis of rates quoted by him/them if called upon to do so.

18. Should the tenderer(s) finds/find discrepancies, or omissions in the drawings or any of the tender forms or should he be in doubt as to their meaning, he should at once notify the authority inviting tenders who may send a written intimation to all tenderers. It should be understood that every endeavour has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account thereof.

19. Tender documents submitted with missing pages or schedule item will be disqualified and it will be the Tenderers responsibility to point out any short-comings in documents furnished well before the date of submission for needful action required, if any by RITES.

20. If the tenderer(s) deliberately gives/give wrong information in his/their tender, RITES reserves the right to reject such tender at any stage.

21. RITES are getting the work executed on behalf of (Client) NTPC Limited, TSTPS, Kaniha hereinafter called the Client and on the land belonging to them. If any loss is sustained by the client by any act of omission or commission of the contractor or his agent, he will make good the same at his own cost. He shall also indemnify against any claims resulting from the negligence or any acts of omission or commission of the contractor or his agent.



22. The Tender is being invited on behalf of Client, hence it may be noted that payment will

be made for the work done /supply of materials on receipt of fund from client. 23. RITES is only an agent acting as Consultant on behalf of the Client and Client is the

Principal as well as Employer for work. 24. In case of any dispute between RITES and Contractor, being RITES merely an

agent/consultant, client should be made first respondent and should be liable for all monetary losses

25. RITES is only agent/consultant acting on behalf of the Client/Employer and in case of

arbitration the client shall be first respondent. 26. RITES on behalf of client, reserves the right to reject any or all the Tenders and also

does not bind itself to accept the lowest tender at its own discretion without assigning any reasons whatsoever.

27. RITES on behalf of client, also reserves the right to accept tender either for full quantity

of work or part thereof or divide the works amongst more than one tenderer without assigning any reason for any such action.

28. For the purpose of ascertaining completion period the handing over and taking over of

site to/by contractor will be jointly recorded by RITES & contractor, and copy given to both parties.

29. The quantity mentioned in the "Schedule of Quantities” is approximate. RITES reserves

the right to vary its quantity of any item or not to operate any item during execution of work/supply without reference to the contractor/supplier and for which no claim will be entertained by RITES.

30. All equipments, tools, plants and machineries etc., as may be required for executing the

work in a modern and workman-like manner as per specification shall be arranged by the contractor at his own cost.

31. If any tenderers want to offer any rebate, he should indicate explicitly at the specified

column provided at the end of Schedule of Quantities. No cognizance will be given to the offer of rebate on any other place in the tender documents or through a separate letter.

32. Tender documents are not transferable. 33. Earnest money is to be furnished in A/c payee Draft or pay order or Banker's

cheque drawn on any Nationalised/ Scheduled Bank at Bhubaneswar in favour of "RITES LTD". Earnest Money in any other forms will not be considered as valid Earnest Money. TENDERS WITHOUT VALID EARNEST MONEY SHALL BE SUMMARILY REJECTED.

b) Submission of Tender :

Packet-1 EMD and authority sign as per proforma

Packet-2 Technical Bid and documents in support of qualifying criteria

Packet-3 Price Bid

All the above 3 (three) packets shall be put in a single packet and superscripted as detailed above.

c) The packet No.1 containing EMD and authority to sign is not in order, the packet No.2 containing Technical Bid shall not be opened.



34. Tenders in sealed cover containing all the tender documents must be superscribed with

name of the work and Tender No. Tender will be received in the TENDER BOX specified for the particular tender and will be opened in presence of those bidders or their representatives who choose to be present at the time opening. Bidder’s representative should submit the authority to represent a particular firm at the time of opening of tender.

35. Tenders for works shall remain open for acceptance for a period of 90 (ninety) days or

extension period if any from the date of opening of tenders. Should the Tenderer fail to keep the tender open for acceptance as stated above or if the Tenderer withdraws his tender before the expiry of the said period/extended period or makes any modifications in the terms and conditions of the tender then RITES without prejudice to any other right or remedy shall be at liberty to forfeit his Earnest Money.

36. All the work shall conform to the standard specification of B.I.S., I.R.S. as will be

applicable. 37. Delayed tenders/Late tenders/Post tender offers will be rejected. 38. STCC/VAT submitted along with the offer should be attested by the Gazetted Officers

and should be signed under seal of the firm. All the papers submitted by the tenderers should be serially page marked.

39. In case, any request/correspondences, if made by the tenderers regarding increase in

rate, reduction in rate/rebate, addition/alteration/deletion of terms & conditions against the original quoted rate, rebate and terms & conditions will not be considered after opening of tender as per schedule date & time.

40. In case of negotiation, validity of revised offer will remain valid for 90 (ninety) days from the

date of such negotiation. 41. Contractor (s) are required to obtain insurance policies for the work such as Contractor’s

All Risk Policy, Workmen Compensation Policy, Plant & Equipment Policy etc., failing which payment will not be made for the work done.

42. (i)Tenderer to give consent in a mandate form (enclosed herewith) for receipt of payment

through ECS/EFT. (ii)Tenderer to provide the details of Bank A/c in line with RBI guidelines for the same. These details will include Bank Name, Branch Name & address, Account type, Bank account no. and Bank & Branch code as appearing on MICR cheque issued by bank. (iii) Tenderer to attach certificate from their bank certifying the correctness of all above mentioned information, as mentioned in para (ii) above. (iv) In case where ECS/EFT facility is not available, payment will be released through cheque.

43. Tenderer should submit the attested copy of Auditor’s report along with balance sheet and profit and loss statement for the relevant financial year in which the minimum criteria is met. However, in case of non-availability of the same for the previous year, provisional audit reports or certified statements from the chartered accountant of the tenderer shall be accepted for tenders opened before 30

th September of the current year.

44. The bidder should submit the details of such completed works as per the Proforma enclosed. In support of having completed these works, the firms should submit attested copies of the completion certificates from the owner companies indicating the name of work, the description of work done by the bidder, value of contract executed by the bidder, date of start, date of completion (contractual & actual) and value of the material supplied by the Client. The value of work executed should be inclusive of the value of free supply items if any. The tenderer should also enclose attested copy of documentary evidence in support of eligibility criteria as per NIT.



45. The cut off date shall be calculated from the date of submission / opening of tender i.e.

for a tender which is being opened on 18.02.2013, the cut off date shall be on 19.02.2008. The works completed for such tender before 19.02.2008 shall not be considered.

46. The General Conditions of Contract to be read together with Special Conditions of

Contract, if any, attached to the tender documents. Whenever there is a discrepancy or variance between the General Conditions of Contract and Special Conditions of Contract, the provision in the Special Conditions of Contract will prevail and also refer at clause No.37.5 of special conditions of contract.

47. Integrity Pact

(i) The Bidder/Contractor is required to enter into an Integrity Pact with the Employer, in the Format at Appendix-XIII. The Integrity Pact enclosed as Appendix-XIII will be signed by RITES for and on behalf of Employer as its Agent/Power of Attorney Holder at the time of execution of Agreement with the successful Bidder. While submitting the Bid, the Integrity Pact shall be signed by the duly authorized signatory of the Bidder/Lead Member of JV. In case of failure to submit the Integrity Pact duly signed and 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 Document

and the Integrity Pact, the former will prevail. Provided always that provision of this para 47 – Integrity Pact, shall be applicable

only when so provided in para 47A below which will also stipulate the name and address of the Independent External Monitor as well as the Name, designation and address of the official nominated by the Employer to act as the Liaison Officer between the Independent External Monitor and the Engineer-in-Charge as well as the Contractor.

47A Whether para 47 (Integrity Pact) shall be applicable *YES* If Yes, Name and Address of the Independent External Monitor (In case value of contract is Rs.10 crores or more) - NIL Name, Designation and Address of RITES’ Liaison Officer: Shri Y.K. Sharma, GM/CP & Coordinator IP, RITES, ROC-II, Gurgaon

******* XXX ******



CHECK LIST



CHECK LIST

NIT No. OT/09/2013/RITES/NTPC-TALCHER/PTS & XING dt.28.01.2013

PLEASE TICK (√√√√) THE FOLLOWINGS FOR SUBMISSION OF TENDER:

1. Submitted latest valid STCC/VAT along with the offer.

2. Submitted credentials and relevant certificates/documents only, as required, for fulfillment of the following criteria along with the offer.

(a) (b) (c) (d) (e)

3. TENDERERS NOT FULFILLING THE ELIGIBILITY CRITERIA WILL LIABLE TO BE REJECTED.

4. Submitted Earnest money along with the tender in the form as mentioned in clause

no 33 of “Instruction to Tenderers”. TENDER WITHOUT EARNEST MONEY WILL BE SUMMARILY REJECTED.

5. Submitted all the tender documents issued from RITES Office duly signed/stamped

on each page

6. Credentials & certificates are submitted duly attested by a Gazetted Officer and duly signed under seal of the firm.

7. The credentials & certificates have been serially page marked and the Prime

Contents for fulfilling the eligibility criteria are highlighted.

8. All the pages of Tender documents have been signed under seal of the firm.

9. Submitted Affidavit on non-judicial stamp paper of Rs.10/- duly attested by Notary/Magistrate and duly filled up and signed under seal of the firm along with the offer.

10. All the statutory rules (e.g Provident Fund, ESI etc.) for deployment of labour are to

be observed by the Contractor besides what have been stated in General Conditions of Contract. For any consequences arising out of non-compliance with the same the Contractor will be held responsible and any recovery, if made by any Govt. body on this account the same have to be borne by the Contractor.



SPECIAL NOTE



"SPECIAL NOTE" (1) The documents relating to credentials for fulfillment of eligibility criteria must be

submitted along with tenders. The tenderers must mention in their tender the names of documents e.g. Certificates, Balance Sheets, P & L accounts, Letters, Returns etc, which shall establish that they are eligible to participate in this tender, failing which their tender may be passed over for want of proper & valid documentation. They must produce the original documents, when asked to do so; failing which their tender shall be passed over without any further clarification.

(2) Tenderers are requested to submit their credentials and certificates to fulfill the eligibility

criteria as stipulated in clause No.33 of Instruction to tenderer. (3) The Technical Bids (Part-I) and Financial Bid (Part-II) of all the tenderers are to be

opened on the schedule date, as mentioned in the Notice Inviting Tender in presence of the intending Tenderers.

(4) The "Financial Bid" of the tender from only the qualified Tenderers of "Technical bid"

will be opened in presence of qualified tenderers on the specified date, which shall be intimated later to the technically and commercially successful bidders.

(5) The "Financial bid" documents, of those Tenderers which will be found technically and

commercially not qualified on examination of the "Technical and Financial bid" documents, will be returned intact by registered post with A/D.

(6) The Earnest Money (which is to be enclosed in the Technical and Financial Bid in

sealed envelope) of the technically and commercially "not qualified" Bidders shall be returned along with the sealed "Financial bid" (unopened) as was submitted by them.

(7) All Tenderers are requested to attend this office of RITES Ltd. on the date of opening of

the "Financial bid". "Financial bid" of those technically and commercially qualified shall be opened in presence of only the authorised representatives of those Firms, who are technically and commercially qualified.

(8) Earnest money along with the Technical and Financial Bid is to be furnished in A/c.

Payee Draft or Pay Order or Banker's Cheque drawn on any Nationalised/ Scheduled Bank at Bubaneswar in favour of "RITES Ltd.". Earnest Money in any other Forms will not be considered as valid Earnest Money. Tenders without valid Earnest Money shall be summarily rejected.

(9) If any Tenderer wants to offer any Rebate, he should indicate explicitly at the specified

column at the end of the Schedule of Quantities. No cognizance will be given to the offer of Rebate on any other place in the Tender Documents or through a separate letter.

10) Photo copies of the certificates/documents related to fulfillment of eligibility criteria should

be duly attested by a Gazetted officer. The application with all the above enclosures with pages numbered should be submitted through a forwarding letter in sealed cover superscribing the name of work, Tender No. etc

11) Any request/letters from the tenderers for any addition/ alteration/ deletion against their

quoted rates and any other terms & conditions of the tender shall not be entertained in any case whatsoever.

(12) No condition will be accepted. Tender with any condition shall be summarily rejected.

----- xxx ----



LETTER FOR SUBMISSION OF TENDER AND AGREEMENT FOR WORKS



LETTER FOR SUBMISSION OF TENDER No.__________________ Dated: _____________ From M/s _________________________ _________________________ To, M/s RITES Ltd., Bhagwan Tower, Ist floor, Cuttack Road, Bhubaneswar. Dear Sirs, Sub: Ref: Open/Limited Tender Notice No.

--------- Having examined the Tender Documents consisting of the letter inviting Tender, General/Special Conditions of Contract, Special conditions, Drawings, Time Schedule, Schedule of Rates and all other documents and papers, as detailed in the tender documents, and having understood the provisions of the said tender documents, and having thoroughly studies the requirements of RITES, relative to the work tendered for in connection with Projects and having conducted a through study of the job, site(s) involved, the site conditions, soil conditions, the climatic conditions, labour, electricity, water, material and equipment availability, the transport and communication facility, the availability and suitability of borrow area, the availability of land for right of way and temporary office and accommodation quarters and all other factors and facilities and things whatsoever necessary or relative to the formulation of the tender and the performance of work, I/We hereby submit our tender offer for the performance of proposed work in accordance with the terms and conditions and within the time mentioned in the Tender Documents at the rate (s) quoted by me/us in the accompanying Schedule (s) of Rates included within the Tender Documents. It has been explained to me/us that the time stipulated for job (s) and completion of work (s) in all respects and in different stages mentioned in the “Instructions to Tenderers” and signed and accepted by me/us is the essence of the contract. I/We agree that in the case of my/our failure to strictly observe the time of completion for job(s) or any of them and to the final completion of work in all respects according to the schedule. I/We shall pay liquidated damages to the RITES as per provisions of Tender Document. I/We further agree to sign an Agreement / Bond to abide by the General and Special Conditions of Contract and to carry out all works according to the specifications as mentioned in the Tender Document of RITES. In case of acceptance of tender, I/We bind myself / ourselves to execute the contract document within stipulated time after notice that the contract has been awarded to me/us and to commence the work within 10 days from the date of issue of LOI/W.O. by RITES failing which I/We shall have no object to the forfeiture of the earnest money amounting to Rs.__________________________ lodged with the RITES.



I/We also undertake to carry out the work in accordance with the said plans, specifications, General and Special Conditions of Contract and NTPC to bind and provide such of the materials (other than these to be supplied by the RITES/NTPC), and to do all such things which in the opinion of the Engineer-in-charge may be necessary for, or incidental to the constructions, completion and maintenance thereof and to complete the whole of the said works in all respects, and hand them over to you or your representative within the period specified, and to maintain the same for the period and in the manner provided in the conditions of contracts. I/We have annexed to this tender, the following documents: 1) Original Tender Document, as issued, duly signed. 2) Earnest money for Rupees _______________________________ only in the form

of Account Payee Bank Draft or Pay Order or Banker’s Cheque drawn in favour of RITES / Bubaneswar on any Nationalized/Scheduled Bank situated at Bhubaneswar.

3) Cost of tender documents in the form of ________________________ amounting to Rupees_______________________ only as applicable.

I/We hereby undertake that the statements made herein and the information given in the Annexure referred to above are true in all respects and that in the even of any such statement or information being found to be incorrect in any above particulars, the same may be constructed to be a misrepresentation, entitling RITES to avoid any resultant contract.

I/We confirm having deposited Earnest Money of Rs. _______________(Rupees ___________________________________________ ) as detailed hereunder.

* (Strike out whichever is not applicable).

By Demand Draft / Pay Order No. _____________dated __________drawn on _______________________________________Bank ___________________________ Branch ___________________ attached hereto.

I/We agree to the conversion of earnest money an initial Security deposit in case of Offer being accepted.

Yours faithfully, (SIGNATURE (S) OF THE TENDERER(S)) Name and Designation of authorised persons (s) Signing the Tender on behalf of the Tenderer(s)



TECHNICAL BID



RITES LTD

(A Govt of India Enterprise) PROJECT OFFICE

Bhagwan tower, 1st floor, Cuttack Road,Bhubabeswar.

NIT No. OT/09/2013/RITES/NTPC-TALCHER/PTS & XING dt.28.01.2013

Tenders are invited in Two packet System by RITES Ltd., a Public Sector Enterprise under the Ministry of Railways, acting for and behalf of M/s NTPC Limited, Talcher Super Thermal Power Station, Kaniha, Odisha, as an Agent / Power of Attorney Holder, from working contractors (including contractors who have executed works within the last five years reckoned from the schedule date of opening of tender) of Government Organizations / Semi Government Organizations of Central or State Government; or of Public Sector Undertaking / Autonomous Bodies of Central or State Government; or of Public Ltd., Companies listed in Stock Exchange in India or Abroad, for the work of “Through turnout renewal including supply of new 60 Kg. 1 in 8.5 Turnout, 60 Kg. PSC sleepers, fittings & its ancillary works at NTPC Limited, Talcher Super Thermal Power Station, Kaniha, PO: Deepshikha, Dist: Angul, Odisha“. (NOTE : Throughout these tender documents, the terms ‘tender and bid’ and their derivatives are synonymous)

Approximate Value of Work: Rs.4,61,31,150/-, Earnest Money Deposit: Rs.9,22,630/- Completion Period: 08 (Eight) months including monsoon period if any, the date of commencement shall be reckoned 15 days from the date of issue of LOA/Handing over of site, whichever is later.. Defect liability period: 06 (Six) months from date of issue of completion certificate by the engineer-in-charge. Eligibility Criteria: The bidder in its own name should have the followings:

1. Annual Turnover: The bidder should have achieved a minimum annual financial turnover of Rs.4,61,31,150/- in any one of the last five financial years.

Notes:

- The financial turnover will be taken as given under the head “Income” in audited Profit and Loss Account and excluding non-recurring income, income from other sources and stock. It is clarified that the Financial Turnover means relevant revenue as recorded in the Income side of Profit and Loss Account. It does not mean Profit.

- Closing stocks in whatsoever manner should not form part of turnover.

- Weightage of 5% (compounded annually) shall be given for equating the financial turnover of the previous years to the current year.

- For considering the Financial Years, for example for a work for which the Tender is being opened in Financial Year 2011-12, the last five Financial Years shall be 2011-12, 2010-11, 2009-10, 2008-09 and 2007-08. For a Tender opened on (say) 06.06.12 (F.Y. 2011-12), with weightage of 5% compounded annually, the weightages to be applied on the Turnover of the previous five Financial Years will be : F.Y. 2011-12 = 1.050; F.Y. 2010-11 = 1.103; F.Y. 2009-10 = 1.158; F.Y. 2008-09 = 1.216; F.Y. 2007-08 = 1.276.

- The bidder should furnish Annual Financial Turnover for each of the last 5 financial years in tabular form and give reference of the document (with page no.) relied upon in support of meeting the Qualification Criteria.

- The tenderer should submit self attested copy of Auditor’s Report along with Balance Sheet and Profit and Loss Statement along with Schedules for the relevant financial year in which the minimum criterion is met. Provisional audit reports or certified statements may not be accepted.

- If the Audited Balance Sheet for the immediately preceding year is not available in case of tender opened before 30th Sept., audited Balance Sheets, Profit and Loss Statements and other financial statements of the five financial years immediately preceding the previous year may be adopted for evaluating the credentials of the bidder.



2. Work Experience:

a) Similar Works Experience

The Bidder should have satisfactorily completed in his own name or proportionate share as a member of a Joint Venture, at least one similar work of minimum value of Rs.3,69,04,920/- OR at least two similar works each of minimum value of Rs.2,30,65,575/- OR at least three similar works each of minimum value of Rs.1,84,52,460/- during 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.

b) Similar Works shall mean the work of

“Execution of any P.Way track linking works with or without any of the following carried out in India. i) Supply of P.Way materials ii) Supply of track ballast”

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 to the current year.

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

- The bidder should submit the details of such similar completed works as per the format given in Appendix-I-A enclosed. In support of having completed these works, the bidder should submit attested copies of the completion certificates from the owner/ client indicating the name of the work, the description of work done by the bidder, value of contract executed by the bidder, extent of financial participation by bidder in case of JV, date of start, date of completion (stipulated and actual) and value of the material supplied by the Client. The value of work executed should be inclusive of the value of free supply items and escalation amount, if any.

- The bidder should include details of only such works in Appendix-I-A which satisfy the Qualification Criteria and submit supporting details/ credentials of only such works.

- Credential certificates issued by Govt. Organizations/ Semi Govt. Organizations of Central or State Government; or by Public Sector Undertakings / Autonomous bodies of Central or State Government; or by Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be accepted for assessing the eligibility of a tenderer.

- The cut off date shall be calculated backwards from the date of submission/opening of tender i.e. for a tender which is being opened on 18.02.2013, the cut off date shall be 19.02.2008.

3. Solvency Certificate:

A solvency certificate of minimum solvency of Rs.1,84,52,460/- as per Appendix-X from a Nationalised or a Scheduled bank issued not earlier than 6 months from the last date of submission of tender is required to be submitted by the bidder.. The Certificate so produced by the bidder may be got verified from the issuing Bank.

4. Profitability

The applicant firm shall be a profit (net) making firm and shall have made profit in each of the last two Financial Years and in atleast one out of the three Financial Years immediately preceding the last two Financial Years.



The Bidder should furnish figures of net profit of last 5 years in a tabular form and submit attested copies of Auditor’s Reports along with audited Balance Sheets and Profit and Loss Statements for the last Five Financial Years. In case the firm is profit making for the last three Financial Years continuously, the Bidder may submit the above documents for last three Financial Years only. Specific reference with page no. of document which proves satisfaction of this Qualifying Criterion should be indicated in the tabular statement.

5. Purchase Preference:

Purchase preference to the Central Govt Agencies/Central Govt PSUs as per the prevailing Govt rules shall be allowed.

6. Joint Venture : (STANDS DELETED)

Joint venture shall not be allowed. Bid submitted by Joint Venture of two or more firms as Partners/Members shall be accompanied by the following documents:

a) A copy of Joint Venture MOU/Agreement duly notarized so as to be legally valid

and binding on the Partners/Members and incorporating the following provisions:

• The bid and in case of a successful bid, the Agreement shall be signed so as to be legally binding on all Partners/Members.

• One of the Partners/Members shall be nominated as being in charge and this authorization shall be evidenced by submitting Power of Attorney signed by legally authorized signatories of all the Partners/Members.

• The Partner-in-charge/Lead Member shall be authorised to incur liabilities and receive instructions for and on behalf of any and all partners/members of the Joint Venture and the entire execution of the contract, including payment shall be done exclusively with the partner- in- charge.

• All the partners of the Joint Venture shall be liable jointly and severally for the execution of the contract in accordance with the contract terms and a statement to this effect shall be included in the authorization through a Power of Attorney in favour of the Partner-in-charge/Lead Member in the Bid as well as in the Agreement (in case of a successful bid).

• Precise indication of the responsibility of all Partners/Members of the Joint Venture in respect of planning, design, construction equipment, key personnel, work execution and financing of the project duly indicating the percentage in financing of JV by each Partner. The Partner-in-charge/Lead Partner shall be responsible for 100% participation in financing of the J.V.

b) Power of Attorney in favour of the Partner-in-charge/Lead Member on the lines

mentioned in item a) above

Note: The Partner-in-charge/Lead members shall meet singly criteria of annual turnover, profitability and works experience (civil engineering works experience and general construction experience). All the partners shall meet jointly the criterion of work experience (construction experience in key activities/specific components).



7. DECLARATION OF THE BIDDER

Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have

a) Made misleading or false representation in the forms, statements and attachments in proof of the qualification requirements;

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

c) Their business banned by any Central/State Government Department/ Public

Sector Undertakings or Enterprises of Central / State Government. d) Not submitted all the supporting documents or not furnished the relevant details

as per the prescribed format. e) A declaration to the above effect in the form of affidavit on stamp paper of Rs

10/- duly attested by Notary/Magistrate should be submitted as per format given in Appendix-XI (Proforma for of submission of past contractual performance) enclosed.

8. Documents to be submitted

a) By Bidders other than Joint Ventures

i) Annual Turnover

- Annual financial turnover for each of the last 5 years in tabular form. - Self attested copies of Auditor’s Report along with the Balance Sheet

and Profit and Loss Statement for the relevant financial year in which the minimum criterion is met (Refer Notes under Para 1)

ii) Work Experience

Similar Work Experience : Appendix-1A with details of 1 or 2 or 3 works as the case mat be, which satisfy requisite qualification criteria (refer para 2(a))

iii) Solvency Certificate

Appendix-X (refer para 3)

iv) Profitability

- Net profit of last 5 years in tabular form.

- Self attested copies of Auditor’s Report along with the Balance Sheets and Profit and Loss Statements for last 5 or 3 financial years, as the case may be (Refer Para 4).

v) DECLARATION BY BIDDER

Appendix-XI (refer para 7)

b) By Joint Venture Partners (STANDS DELETED) c) By Joint Venture Partners other than Partner-in-charge/Lead Member

(STANDS DELETED)



9. Sub-contractors Sub-Contractor's experience and resources will not be taken into account in determining the bidder's compliances with the qualifying criteria.

10. Issue of tender documents 10.1 Tender Document can be obtained from RITES Project Office, Bhagawan Towers, 1st

Floor, Cuttack Road, Bhubaneswar. on payment of non-refundable fee of Rs.7,500/- only for each towards the cost of tender documents in the form of Pay Order/Banker’s Cheque/Demand Draft on any Nationalised/Scheduled Bank situated in Bhubaneswar drawn in favour of ‘RITES Ltd‘ on any working day between 11.00 hrs and 15.00 hrs from 30.01.2013 to 15.02.2013.

10.2 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 with submission of tender, failing which his tender shall not be opened. The cost of tender documents shall be deposited in the form of a separate Banker’s cheque / Demand Draft / Pay Order and enclosed in the envelope containing the Earnest Money Deposit. In case the tenderer is exempted from such payment, the onus of proving such exemption shall rest with the Tenderer and proof of the same shall be placed in the envelop meant for Earnest Money. The amendments / clarifications to the Tender documents will also be available on the above website.

10.3 Tender Documents downloaded from RITES website shall be considered valid for

participating in the tender process. During the scrutiny of downloaded tender document, if any modification / correction etc. is noticed as compared to the original documents posted on the website, the bid submitted by such a Tenderer is liable to be rejected. In case the bid of a Tenderer who has downloaded the document from website is accepted the contract shall be executed in the original / manual tender document issued by the concerned RITES officer.

10.4 Date of Submission of Tender: The above Tender Document shall be received at this office of the above address on 18.02.2013 upto 15.00 hrs. Date of Opening of Technical Bid: From 15.30 hrs on 18.02.2013 in presence of the intending tenderers. Date of Opening of Price Bid: Shall be intimated later to the technically and commercially successful bidders only. The bid documents are not transferable and shall not be sent by post/courier. For other criteria, the tenderers must carefully study the Instructions to Tenderers, Technical Specifications and other Terms & Conditions stipulated in the Tender Document. Tenderers must give their Fax/ Telegraphic addresses while purchasing the Tender Document. Please visit www.rites.com..

General Manager (P)

RITES Ltd/Bhubaneswar for & on behalf of NTPC Ltd/Kaniha



PROFORMA FOR THE CREDENTIAL OF THE TENDERER



APPENDIX-I A

LIST OF SIMILAR WORKS SATISFYING QUALIFICATION CRITERION COMPLETED DURING

THE LAST 5 YEARS

S. No.

Client's Name and

Address

Name of the Work

& Location

Scope of work carried out by

the Bidder

Agreement / Letter of Award No. and

date

Contract Value Date of start

Date of Completion

Reasons for delay

in completio

n if any

Ref. of document (with page

no.) in support of meeting

Qualification Criterion

Awarded

Actual on completion

As per LOA/ Agreement

Actual

SEAL AND SIGNATURE OF THE BIDDER Note : 1. In support of having completed above works, attach self attested copies of the completion

certificate 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 by the Bidder . “Contract Value” shall mean gross value of the completed work including cost of materials supplied by the owner/client but excluding those supplied free of cost.

2. Such credential certificates issued by Govt. Organizations/ Semi Govt. Organizations of Central or State Government; or by Public Sector Undertakings / Autonomous bodies of Central or State Government; or by Public Ltd. Companies listed in Stock Exchange in India or Abroad shall only be accepted for assessing the eligibility of a tenderer.

In case of a certificate from a Public Limited Company, the bidder should also submit

documentary proof that the Public Ltd Co. was listed in Stock Exchange in India or abroad when the work was executed for it.

3. Information must be furnished for works carried out by the Bidder in his own name or

proportionate share as member of a Joint Venture. In the latter case details of contract value including 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, the

Bidder cannot include such a work for his satisfying the Qualification Criterion even if the Client has issued a Completion Certificate in favour 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 for

submission of Bid, which meet the Qualification Criterion need be included in this list.



APPENDIX-1 B

Name of Work : Name of Tenderer:

CONCURRENT COMMITMENTS OF THE TENDERER

Full Postal Address of Client & Name of Officer-in-Charge

Description of the work

Value of

contract

Date of commencement

of work

Scheduled Completion

period

Percentage Completion as on date

Expected date of completion

Remarks if any

SIGNATURE OF TENDERER



APPENDIX-II

NAME OF WORK : NAME OF TENDERER :

DETAILS OF EQUIPMENTS, TOOLS TACKLES

Tenderer shall submit herein details of equipment, tools, tackles, etc required to perform the work and shall note in each case whether the same is (a) already owned by tenderer and available for use on this contract (b) anticipated to be hired by contractor or (c) anticipated to be purchased by contractor, in case of (a) anticipated (b) and (c) Location of hirer or supplier shall be stated. Sl No. Description, Make Mode

& Capacity Year of Manufacture

Category (a) or (b) or © below

Location Remarks

1 2 3 4 5 6

(a) Contractor agrees to augment the above chart with additional number/categories of

equipment, if required to complete the work within the agreed time schedule of completion and directed by the Engineer-in-charge.

(b) In case of hiring of equipment form other agencies, copies of the arrangements

made with the hirer/supplier shall have to be furnished.



APPENDIX-III

DETAILS OF MANPOWER PROPOSED TO BE DEPLOYED ON THIS WORK

Sl.No.

Details of Manpower

No.

Remarks

Note: Please furnish the above details in two categories - To be deployed by (i) Contractor and (ii) Sub-contractors, if any Minimum manpower deployment shall be based broadly as above and will be modified as mutually agreed to suit the detailed construction programme jointly worked out; further if any additional man power is required for completion of work in time, the same shall be provided by you as directed by Engineer without any extra cost. The manpower proposed to be deployed in the work needs to be given quarter wise separately for direct personnel of the contractor and the manpower proposed to be deployed through the sub-contractors. SIGNATURE OF TENDERER



APPENDIX-IV

ORGANISATION CHART SHOWING NO. OF QUALIFIED ENGINEERS & SUPERVISORY PERSONNEL ETC.

Sl. No. Details of personnel to be

deployed on this work No.

Note: Names and short resume of their experiences may also be given for key personnel

This tentative chart of your site organizations as above furnished by you shall be subject to variation to suit the construction programme/requirement and as directed by Owner/Engineer.




APPENDIX-V

LIST OF PROPOSED SUB CONTRACTORS

Sl. No. Name of

sub-contractor

Description of work or trade

Amount(Rs)

DELETED

1 Type of work executed by the sub-contractors. 2 The particulars of clients where the sub-contractors did the works. 3 Approximate value of the work carried by the sub-contractors in the last 3 years.




APPENDIX-VI

PROGRESS BILLINGS

( Bidder's anticipated progress billing month by month to be inserted here)

Tentative construction schedule indicating the expected dates of start of activity is to be given by the contractor. This schedule shall be updated within specified milestones from time to time depending upon the availability of fronts equipment and priorities fixed by Engineer. Contractor shall submit within 15 days of the date of letter of intent programme/schedule for supply of items covering all phases of work including design, procurement, manufacture, assembly, fabrication, testing, transportation, erection, testing at site and commissioning matching the overall completion schedule. The billing as well as all the connected documents shall be computerized.

SIGNATURE OF BIDDER



APPENDIX-VII NAME OF WORK : NAME OF TENDERER :

INFORMATION ABOUT TENDERERS (FORM-H)

1.0 In case of individual :-

1.1 Name of Business :

1.2 Whether his business is registered:

1.3 Date of Commencement of Business :

1.4 Whether he pays Income Tax over Rs 10,000/- per year :

2.0 In case of Partnership :

2.1 Name of Partnership with qualification:

2.2 Whether the Partnership is Registered :

2.3 Date of Establishment of firm :

2.4 If each of the partners of the firm pays Income Tax over Rs 10,000/- a year and if

not, who of them pays the same.

3.0 In case of Limited Liability Company or Company Limited by Guarantees:

3.1 Amount of paid of capital:

3.2 Name of Directors:----

3.3 Date of Registration of Company:

3.4 Copies of the Balance Sheet of the Company of the last two years:

Copies of audited Profit & Loss Account and the Balance sheet shall be enclosed in case of Individuals, partnerships as well as limited companies for the last 5 years


(NAME & ADDRESS OF THE TENDERER)



APPENDIX-VIII

NAME OF WORK : NAME OF TENDERER :

LIST OF ENCLOSURES (FORM-I) The tenderer is required to enclose the following documents as part of his tenderer. 1 Power of attorney of the signatory to the tender 2 Income Tax/Sales Tax Clearance Certificate in the proforma prescribed by the Govt

of India as applicable. 3 Documents showing annual turnover for similar works for the past five years such as

annual report, profit and loss account etc. 4 Solvency Certificate by Nationalized Schedule Bank.




APPENDIX-IX NAME OF WORK : NAME OF TENDERER :

EXCEPTION AND DEVIATION (FORM-J)

As pointed out in the NIT/LIT, tenderer may stipulate here exceptions and deviation to the tender conditions, if considered un-avoidable. Sl. No. Page No. of

tenderer document Sl.No.of tender document

Subject Deviation




APPENDIX-X

SOLVENCY CERTIFICATE This is to certify that M/s __________________________________________________

is a reputed Company with a good financial standing and solvent to the extent of

Rs.________________

Signature of authorized Signatory

with Name and Date Seal and Address of Bank



APPENDIX-XI

DECLARATION BY THE BIDDER

(Affidavit on non-judicial stamp paper of Rs. 10/- duly attested by Notary/Magistrate) This is to certify that We, M/s ____________________________________________

in submission of this offer confirm that:

i) We have not made any misleading or false representation in the forms, statements

and attachments in proof of the qualification requirements; ii) We do not have records of poor performance such as abandoning the work, not

properly completing the contract, inordinate delays in completion, litigation history or financial failures etc.

iii) Business has never been banned with us by any Central / State Govt.

Departments/Public Sector Undertakings or Enterprises of Central/State Govt. iv) We have submitted all the supporting documents and furnished the relevant details

as per the prescribed format. v) The informations and documents submitted with the tender by us are correct and

we are fully responsible for the correctness of the information and documents submitted by us.

vi) We understand that in case any statement/information/document furnished by us is

found to be incorrect or false, our EMD in full will be forfeited and we shall be declared ineligible by RITES for a period of 3 years, to submit tender for any contract in RITES.

SEAL AND SIGNATURE OF THE BIDDER



APPENDIX - XII

DATA COLLECTION SHEET FOR A TRANSFER

PARTY NAME: PAN NUMBER PARTY ADDRESS E. MAIL ADDRESS PHONE NUMBER FAX NUMBER BANK PARTICULARTS OF THE PARTY ACCOUNT TYPE (PLEASE TICK ONE OF THE TWO BOXES BELOW SAVING CURRENT MICR CITY-BANK BRANCH CODE (NINE CHARACTER CODE PRINTED ON THE CHEQUE) BANK ACCOUNT NUMBER (PLEASE GIVE COMPLETE ACCOUNT NUMBER) IMPORTANT NOTE: One cancelled cheque leaf of the bank account mentioned above where payment will be transferred must be enclosed with this form.

For official use, to be filled by RITES. TYPE OF PARTY CONSULTANT SUPPLIER CONTRACTOR SUB-CONTRACTOR ADVERTISING RENT FIRM INDIVIDUAL



APPENDIX -XIII

INTEGRITY PACT Between

RITES LTD. acting for and on behalf of and as an Agent / Power of Attorney

Holder of ____________hereinafter 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 ______________. The Employer values 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 principles mentioned above.

Section 1 – Commitments of the Employer

(1) The Employer commits himself to take all measures necessary to prevent

corruption and to observe the following principles:-

1. No employee of the Employer, personally or through family members,

will in connection with the tender or for the execution of the contract,

demand, take a promise for or accept, for self or third person, any material

or immaterial benefit which the person 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 all Bidders the same information and will not provide

to any Bidder confidential/additional information through which the

Bidder could obtain an advantage 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 a criminal offence under the IPC (Indian Penal Code) /PC (Prevention of

Corruption) Act, or if there be a substantive suspicion in this regard, the

Employer will inform its Chief Vigilance Officer and in addition can initiate

disciplinary action.



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 tender process 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 or the execution of the contract or to any third person

any material or other benefit which he is not legally entitled to, in order to

obtain in exchange any advantage of any kind whatsoever during the

tender process or during the execution of the contract.

2. The Bidder/Contractor will not enter with other Bidders into any

undisclosed agreement or understanding, whether formal or informal.

This applies in particular to prices, specifications, certifications,

subsidiary contracts, submission or non-submission of bids or any other

actions, to restrict competitiveness or to introduce cartelization 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 or personal gain, or pass on to others, any

information or document provided by the Employer as part of the business

relationship, regarding plans, technical proposals and business details,

including information contained or transmitted electronically.

4. The Bidder/Contractor will, when presenting his bid, disclose any and all

payments he has made, is committed to or intends to make to agents,

brokers or any other intermediaries in connection with the award of the

contract.

(2) The Bidder/ Contractor will not instigate third persons to commit offences outlined

above or be an 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

transgression through a violation of Section 2 above, or in any other form such as

to put his reliability or credibility in question, the Employer is entitled to

disqualify the Bidder/Contractor from the tender process or take action as per the

procedure mentioned in the "Guideline on banning of business 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/Contractor from the tender process prior to the award of contract, the

Employer is entitled to demand and recover the damages equivalent to Earnest

Money Deposit/ Bid Security.



(2) If the Employer has terminated the contract during execution in terms of the

provisions under Section 3, the Employer shall be entitled to demand and recover

from the Contractor the damages equivalent to Earnest Money Deposit, Security

Deposits already recovered and Performance 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 with any other Company in any country conforming to the Anti-Corruption

approach or with any other 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 from the tender process or action can be taken as per the procedure

mentioned in "Guideline on banning 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

permitted under the conditions/ clauses of the contract) a commitment to act in

conformity with this Integrity 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 to act in conformity with the provisions of this Integrity Pact can be

construed as a violation by the Bidder/Contractor himself, leading to possible

Termination of Contract in terms of Section 4.

(3) The Employer will disqualify from the tender process all bidders who do not sign

this Pact or violate 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, or of an employee or a representative or an associate of a Bidder, Contractor

or Sub-Contractor, which constitutes corruption, or if the Employer has substantive

suspicion in this regard, the Employer will inform 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 this Pact. The task of the Monitor is to review independently and

objectively, whether and to what extent 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 perform his 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 all Project documentation of the Employer including that provided

by the Contractor. The Contractor will also grant the Monitor, upon his request

and demonstration of a valid interest, unrestricted and unconditional access to his

project documentation. The same is applicable to Partners/Sub-Contractors. The

Monitor is under contractual obligation to treat the information and documents of

the Bidder/Contractor/Partners/Sub-Contractor with confidentiality.

(4) The Employer will provide to the Monitor sufficient information about all

meetings among the parties related to the Project provided such meetings could

have an impact on the contractual relations between the Employer and the

Contractor. The parties offer to the Monitor the option to participate in such

meetings.

(5) As soon as the Monitor notices or has reason to believe that violation of the

agreement by the Employer or the Bidder/ Contractor, has taken place, he will

request the Party concerned to discontinue or take corrective action , or to take

any other relevant action. The Monitor can in this regard submit non-binding

recommendations. Beyond this, the Monitor has no right to demand from the

parties that they act in a specific manner or refrain from action or tolerate action.

(6) The Monitor will submit a written report to the MD/RITES Ltd. within 8-10

weeks from the date of reference or intimation to him by the Employer and

should the occasion arise, submit proposal for correcting problematic situations.

(7) If the Monitor has reported to the MD/RITES Ltd. of a substantiated suspicion of

an offence under relevant IPC/PC Act, and the MD/RITES Ltd. has not, within

reasonable time, taken visible action to proceed against such offender or reported

it to the Chief Vigilance Officer, the Monitor 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 his Security Deposit is released on completion of the Maintenance Period and for

all other Tenderers six months after the Contract has been awarded.

If any claim is made/lodged during this time the same shall be binding and continue to

be valid despite 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 as stated 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 Partner in charge/ Lead Member nominated as being incharge and who

holds the Power of Attorney signed by legally authorised signatories of all the

partners/Members. The Memorandum of Understanding /Joint Venture

Agreement will incorporate a provision to the effect that all Members of the

Consortium will comply with the provisions in the Integrity Pact to be signed by

the Lead Member on behalf of the Consortium. Any violation of Section 2 above

by any of the Partners/Members will be construed as a violation by the

consortium leading to possible Termination of Contract in terms of Section 3

(4) Should one or several provisions of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive to

come to an agreement to their original 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) -----------------------------

-----------------------------

-----------------------------

-----------------------------



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 of Constitution of India, has to ensure preservation of rights enshrined

in Chapter III of the Constitution. RITES has also to safeguard its commercial

interests. It is not in the interest of RITES to deal with Agencies who commit

deception, fraud or other misconduct in the execution of contracts awarded /

orders issued to them. In order to ensure compliance with the constitutional

mandate, it is incumbent on RITES to observe principles of natural justice before

banning the business dealings with any Agency.

1.2 Since banning of business dealings involves civil consequences for an

Agency concerned, it is incumbent that adequate opportunity of hearing

is provided and the explanation, if tendered, is considered before

passing any order in this regard keeping in view the facts and

circumstances of the case.

2. Scope

2.1 The procedure of (i) Suspension and (ii) Banning of Business Dealing with

Agencies, has been laid down in these guidelines.

2.2 It is clarified that these guidelines do not deal with the decision of the

Management not to entertain any particular Agency due to its poor / inadequate

performance or for any other reason.

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

these guidelines. MD, RITES shall be the ‘Appellate Authority’ in

respect of such cases.

b) MD, RITES shall have overall power to take suo-moto action on

any information available or received by him and pass such

order(s) as he may think appropriate, including modifying the

order(s) passed by any authority under these guidelines.



iii) ‘Investigating Department’ shall mean any Department, Division or Unit

investigating into the conduct of the Agency and shall include the

Vigilance Department, Central Bureau of Investigation, the State Police or

any other department set up by the Central or State Government having

powers to investigate.

4. Initiation of Banning / Suspension:

Action for banning / suspension business dealings with any Agency should be

initiated by the department/ unit having business dealings with them after

noticing the irregularities or misconduct 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 a serious nature and whether pending investigation, it would

be advisable to continue business dealing with the Agency. If the Competent

Authority, after consideration of the matter including the recommendation of the

Investigating Department/Unit, if any, decides that it would not be in the interest

to continue business dealings pending investigation, it may suspend business

dealings with the Agency. The order to this effect may indicate a brief of the

charges under investigation. The order of such suspension would operate for a

period not more than six months and may be communicated to the Agency as also

to the Investigating Department.

The Investigating Department/Unit may ensure that their investigation is

completed and whole process 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 the Competent 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 informed that its conduct is under investigation. It is not necessary to enter into

correspondence or argument with the Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the

Agency before issuing the order of suspension. However, if investigations are not

complete in six months time, 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, so warrants;



6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is

convicted by a Court of Law for offences involving moral turpitude in relation to

its business dealings with the Government 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 of the Agency have been guilty of malpractices such as bribery,

corruption, fraud, substitution of tenders, interpolations, etc;

6.4 If the Agency employs a public servant dismissed / removed or employs a person

convicted for an 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 sector enterprise;

6.6 If the Agency has resorted to Corrupt, fraudulent practices including

misrepresentation of facts;

6.7 If the Agency uses intimidation / threatening or brings undue outside pressure on

the Company (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 with contractual stipulations;

6.9 Based on the findings of the investigation report of CBI / Police against the

Agency for malafide / 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

Competent Authority 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 dealings with the Agency is called for, a show-cause notice may be

issued to the Agency as per paragraph 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, a show-cause notice has to be issued to the Agency. Statement

containing the imputation of misconduct or mis-behaviour may be appended to

the show-cause notice and the Agency should be asked to submit within 30 days a

written statement in its defence. If no reply is received, 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 final decision for Company-wide banning shall be taken by the

Competent Authority. The Competent 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. If it decided to ban business dealings, the period for which the ban

would be operative may be mentioned.

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 business dealing, etc. The appeal shall lie to Appellate Authority. Such

an appeal shall be preferred within 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 be communicated 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 order passed originally by Competent Authority under the existing

guidelines either before or after filing of appeal before the Appellate Authority or

after disposal of appeal by the Appellate Authority, the review petition can be

decided by the Competent Authority upon disclosure of new 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 RITES may circulate the names of Agency with whom business dealings have

been banned, to the Ministry 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

more information about the Agency with whom business dealings have been

banned a copy of the report of Inquiring Authority together with a copy of the

order of the Competent Authority/ Appellate Authority may be supplied.

12. Restoration

12.1 The validity of the banning order shall be for a specific time & on expiry of the

same, the banning 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 original banning orders may consider revocation of order of

suspension of business/lifting the ban on business dealings at an appropriate time.

Copies of the restoration orders shall be sent to all those offices where copies of

Ban Orders had been sent.

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GENERAL CONDITION OF CONTRACT FOR CIVIL WORKS I N D E X

SECTION CLAUSE DESCRIPTION PAGE I NOTICE INVITING TENDER 1-4 II INTERPRETATION AND DEFINITIONS 5-6 1. Singular and Plural 5 2. Headings & Marginal Notes to conditions 5 3. Definitions 5

III SCOPE & PERFORMANCE 6 4. Contract Documents 6 5. Works to be carried out 6 6. Inspection of Site 7 7. Sufficiency of Tender 7 8. Discrepancies and Adjustment of errors 7-8 9. Security Deposit 8 10. Deviations/Variations Extent & Pricing 9 11. Clause regarding determination of rates 9 12. Suspension of works 11 13. Time and Extension for delay 12 14. Clause regarding Tools, Plant & Equipment 13-14 15. Materials 14 16. Labour 17 17. Possession of site 19 18. Setting out the works 20 19. Site Drainage 20 20. Nuisance 20 21. Materials obtained from Excavation 20 22. Treasure, Trove, fossils etc. 20 23. Protection of Trees 20 24. Watching and lighting 20 25. Contractor’s Supervision 20 26. Inspection and Approval 21 27. Duties and Powers of Engineer-in-Charge’s

representative 21

28. Removal of workmen 21 29. Uncovering and making good 22 30. Work during Night or on Sundays and Holidays 22 31. Completion Certificate. 22

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SECTION CLAUSE DESCRIPTION PAGE 32. Compensation for delay 23 33. Contractor’s Liability Period 23 34. Contractor’s Liability and Insurance 24-27 35. Facilities to other Contractors 27 36. Notices to Local Bodies 27 37. Sub Contractors 27 38. Instructions and Notices 28 39 Foreclosure of Contract in full or in part due to

Abandonment or Reduction in Scope of work 28

40. Termination of Contract on Death 29 41. Cancellation of Contract in Full or in Part 29 42. Liability for Damage, Defects or Imperfections and

Rectification thereof. 30

43. Urgent Works 31 44. Changes in Constitution 31 45. Training of Apprentices 31 46. Supply of Unfiltered Water for Construction Purposes

only. 31

47. Land for Contractor’s Office, Stores, Workshop etc. 32 48. Power Supply 32

IV VALUATION AND PAYMENT 49. Records and Measurement 33 50. Method of Measurement 33 51. Payment on Account 33 52. Time Limit for Payment of Final Bill 34 53/53A Price variation 34 54. Loans 34 55. Overpayments & Under Payments 34

V ARBITRATION AND LAW 56. Arbitrations 36 57. Laws governing the Contract 36

VI CONTRACTOR’S LABOUR REGULATIONS 1. Definitions 37 2. Notice of Commencement 37 3. Number of hours of work which shall constitute a

normal working day 37

4. Display of notice regarding wages weekly day of rest etc.

38

5. Fixation of Wage Periods 38 6. Payment of Wages 38 7. Register of Workmen 38

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SECTION CLAUSE DESCRIPTION PAGE 8. Employment Card 38 9. Register of Wages etc. 38 10. Fines and deductions which may be made from Wages 38 11. Register of Accidents 39 12. Preservation of Registers 39 13. Enforcement 40 14. Disposal of amounts recovered from the Contractor 40 15. Welfare Fund 40 16. Appeal against decision of Inspecting Officer 40 17. Representation of parties 40 18. Inspection of Books and other Documents 40 19. Interpretation 40 20. Amendments 40 Forms : a. Register of Workmen 41 b. Employment Card 42 c. Register of Wages-cum-Muster Roll 43 d. Register of Fines e. Register of Deductions for Damages or loss to the

Corporation by the neglect or default of Employed Persons Wage Slip.

44

f. Wage Slip 45 VII MODEL RULES FOR LABOUR WELFARE 46-48 VIII SAFETY CODE 48-50 IX TENDER FORMS 51 a. Tender b. Schedule ‘A’ 53 c. Schedule ‘B’ 55 d. Schedule ‘C’ 56

X FORMS OF DIFFERENT DEEDS a. Proforma Bank Guarantee in lieu of Earnest Money 57 b. Form of Bank Guarantee in lieu of Security Deposit in

individual contract 59

c. Form of Bank Guarantee to Secure a Lumpsum Advance

62

d. Form of Bank Guarantee for Removal of Plant and equipment from the site.

65

e. Form of Hypothecation Deed 68

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NATIONAL THERMAL POWER CORPORATION LIMITED (A GOVT. OF INDIA ENTERPRISE)

(TALCHER SUPER THERMAL POWER STATION)

ITEM RATE TENDER FOR

------------------------------------------------------------------------

---------------------------------------------------------------------------

-------------------------------------------------------------------------

(here insert the name of the works)

1. To be submitted by __________________ hours on ______________ (date) to contract department. (Address of the Enquiry Issuing Office).

2. Tender shall be opened in presence of tenderers who may be present, at ____________

hours on__________________ (date) in the office.

ADDRESS OF THE ENQUIRY ISSUING OFFICE

Issued to M/s* _____________________________________________________________ ______________________________________________________________ Signature of Officer issuing the documents _______________________________________ Designation________________________________________________________________ Date________________________________________________________ _____________________________ * Fill Name of contractor

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NATIONAL THERMAL POWER CORPORATION LIMITED (A GOVT. OF INDIA ENTERPRISE)

(TALCHER SUPPER THERMAL POWER STATION)

NOTICE INVITING TENDERS

1. Tenders are invited on behalf of the National Thermal Power CORPORATION Ltd, (Talcher Super Thermal Power Station) for “Through turnout renewal including supply of new 60 Kg. 1 in 8.5 Turnout, 60 Kg. PSC sleepers, fittings & its ancillary works at NTPC Limited, Talcher Super Thermal Power Station, Kaniha, PO: Deepshikha, Dist: Angul, Odisha“.”.

The work is estimated to cost Rs…………………….this estimate, however, is given merely as

a rough guide. 2. The tender shall be in the prescribed From. 3. The works are required to be completed within ……… months from the date of issue of Letter

of intent, in accordance with the phasing, if any, indicated in the tender documents. 4. Normally contractors whose names are borne on the approved list of contractors of N.T.P.C.

Ltd., for the areas in which the work lies and within whose financial category the estimated amount falls will be permitted to tender.

5. The C.M.D., N.T.P.C. Ltd., shall be the Accepting Officer hereinafter referred to a such for

the purpose of this contract. 6. Applications for issue of tender documents shall be submitted to ……………………… so as

to reach his office not later than………………………………………. 7. A tender shall produce an Income Tax Clearance Certificate before tender document can be

sold to him. 8. Tender documents consisting of plans, specifications, Schedule (s) of Quantities of the

various classes of work to be done, the Conditions of Contract and other necessary Documents will be open for inspection and sold on payment of Rs.……………….…………. on or after………………………..and upto………………………………….

9. Copies of other drawings and documents pertaining to the works signed for the purpose of

identification by the Accepting Officer or his accredited representative will be open for inspection by tenderers at the following offices, during working hours between the dates mentioned in clause 8 above:

………………………………………………

………………………………………………..

………………………………………………….

10. Tenderers are advised to inspect and examine the site and its surrounding and satisfy

themselves before submitting their tenders as to the nature of the ground and sub-soil (so for as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or effect their, tender. A tenderer shall be deemed to have full knowledge of the site, whether he inspects it or not and no extra charges consequent or any misunderstanding or otherwise shall be allowed.

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11 Submission of a tender by a tenderer implies that he has read this notice and all other

contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and local conditions and other factors bearing on the execution of the works.

12 A tenderer should quote in figures as well as in words rate(s) tendered. The amount for each

item should be worked out and the requisite totals given. Special care shall be taken to write rates in figures as well as in words and the amounts in figures only in such a way that interpolation is not possible. The total amount shall be written both in figures and words. In case of figures the words ‘Rs’ should be written before the figure of rupees and the words ‘Paise’ after the decimal figures, e.g. Rs.2 15 P and in case of words the words ‘Rupees’ should precede and the words ‘Paise’ should be written at the end. Unless the rate is in whole rupees and followed by the word only it should invariably be upto two places of decimal.

13. All rates shall be quoted on the tender form. 14. In the case of item rate tenders, only rates quoted shall be considered. Any tender

containing percentage below/above the rates quoted is liable to be rejected. In case of lumpsum Contract, only quoted amount shall be considered.

15. The tender for the works shall not be witnessed by a contractor or contractors who

himself/themselves has/have tendered or who may and has/have tendered for the same works. Failure to observe this condition shall render the tender of the contractor tendering as well as those witnessing the tender liable for rejection.

16. Tenders shall be received ……………………………………………………………..upto …………………………………………….hours on the ……………………………. (date) and shall be opened at………………………hours on the same day in the presence of those tenderers who may be present. 17. The tender shall be accompanied by earnest money of Rs…………………………………. The earnest money may be paid in any one of the following forms: (a) Call Deposit receipt duly pledged in favour of NTPC or Pay Order or Demand Draft. (b) Post Office/National Saving/National Defence Certificate duly endorsed in favour of

NTPC. (c) Bank Guarantee from a Nationalized Bank, irrevocable and operative till 90 days after the

validity of the offer (as per standard proforma attached.) (d) Fixed Deposit Receipt issued by Nationalised Bank, endorsed in favour of NTPC. (e) Cheque in favour of NTPC duly certified by the Bank “Good for payment” on which it is

drawn.

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18. The earnest money of the successful tenderer i.e., whose tender is accepted, will be treated

as part of the security deposit. However, if the earnest money deposit is in the form of a bank guarantee, the successful tendered will be required to replace it with initial security deposit of equivalent value within 15 days of acceptance of tender. Further, the successful tenderer shall permit the NTPC at the time of making any payment to him for the work done under the contract to deduct towards security deposit, sum as per clause 9.1 of General Conditions of Contract.

19. The successful tenderer, if he so desires, can also furnish the entire sum of security deposit

towards faithful performance of the Contract in the in the form of a bank guarantee issued by a Nationalised Bank, within 15 days of acceptance of his tender. The earnest money shall be returned/refunded to the successful tender after receipt of the aforesaid bank guarantee towards security deposit.

20. National Thermal Power Corporation Ltd. shall return the earnest money where applicable, to

every unsuccessful tenderer on production by the tenderer of a certificate of Contract services that all tender documents have been returned.

21. A tenderer shall submit the tender which satisfied each and every condition laid down in this

notice and other tender documents, failing which, the tender will be liable to be rejected. 22. The National Thermal Power Corporation Ltd. does not bind themselves to accept the lowest

or any tender or to give any reasons for their decision. 23. The National Thermal Power Corporation Limited reserve to themselves the right of

accepting the whole or any part of the tender and tenderer shall be bound to perform the same at his quoted rates.

24. Sales Tax or any other tax on materials in respect of this contract shall be payable by the

contractor and the Corporation will not entertain any claim whatsoever in this respect. 25. This notice of tender shall from part of the contract documents. 26. Tender submitted by tenderers shall remain valid for acceptance for a period of 90 days from

the date of opening of the tender. The tenderer shall not be entitled during the said period of 180 days without the consent in writing of the owner to revoke or cancel his tender or vary the tender given or any item thereof. Incase of tenderer revoking or canceling his tender, varying any terms in regard thereof without the consent of owner in writing the tenderer shall forfeit earnest money paid by him along with the tender.

For and on behalf of National Thermal Power Corporation Ltd. Signature _______________________________________ Designation ________________________________________ Date ________________________________________

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GENERAL CONDITION OF CONTRACT: INTERPRETATION AND DEFINATIONS

Singular & Plural: 1. Where the context so requires, words importing the singular only also include the plural and

vice versa. Headings and Marginal Notes to Conditions: 2. Heading and marginal notes to those General Conditions shall not be deemed to form part

thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.

Definitions: 3.a.‘Owner’/’Corporation’ shall mean the National Thermal Power Corporation Ltd., New Delhi,

having its registered office at NTPC Bhavan, Scope Complex 7, institutional area, Lodhi Road, New Delhi-110 003 and shall include their legal representative successors and permitted assigns.

b. The “Accepting Authority” shall mean the authority mentioned in Schedule “A”. c. The “Contract” shall mean the notice inviting the tender, the tender and acceptance thereof

and the formal agreement, if any, executed between the National Thermal Power Corporation Ltd., and the contractor together with the documents referred to therein including these conditions with appendices and any special conditions, the specifications, design, drawings, schedule of quantities with rates and amounts and schedule of rates. All these documents taken together shall be deemed to from one Contract and shall be complementary to one another.

d. The “Contractor” shall mean the mean the individual or firm or company whether

incorporated to not, undertaking the works and shall include legal representatives of such individual or persons composing such firm or unincorporated company or successors of such firm or company as the case may be and permitted assigns of such individual or firm or company.

e. The “Contract Sum” shall mean; i. In the case of Lump Sum Contracts the sum for which the tender is accepted: ii. In the case of Percentage Rate Contracts the estimated value of the works as mentioned in

the tender adjusted by the contractor’s percentage. iii. In the case of Percentage Rate Contracts the estimated value of the works as mentioned in

the tender adjusted by the contractor’s percentage. In the case of item rate contacts the cost of the works arrived after extension of quantities shown in schedule of the quantity by the item rates quoted by the contractor.

f. A “Day” shall mean a day of 24 hours from mid-night to midnight irrespective of the number

of hours worked in that day. g. “Engineer-in-charge” shall mean the Engineering Officer appointed by the Corporation or his

duly authorized representative who shall direct, supervise and be incharge of the works for purposes of this contract.

h. “Excepted Risks” are risks due to riots (otherwise than among Contractor’s employees) and

civil commotion (in so far as both these are uninsurable), war (whether declared or not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or unsurped power any acts of Government, damage from aircraft, acts of God, such as earthquake lightning and unprecedented floods and other causes over which the Contractor has no control and accepted as such by the Accepting Authority or causes solely due to use or occupation by the ‘Corporation’ of the part of works in respect of which a completion has been issued.

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i. “Market Rate” shall be the as decided by the Engineer-in-charge on the basis of the cost

of materials and labour at the site where the work is to be executed, plus the percentage mentioned in Scheduled A to cover all overheads and profit. (No percentage shall be added for material issued by the Corporation).

j. Schedule(s) referred in these conditions shall mean the relevant schedule(s) annexed to

the tender papers issued by the Corporation or the standard schedule of Rates prescribed by the Corporation and the amendments thereto issued from time to time.

k. The “Site” shall mean the lands and/or other places on, under, in or through which the

work is to be executed under the contract including any other lands or places which may be allotted by the Corporation or used for the purposes of the Contract.

l. “Temporary works” shall mean all temporary works of every kind required in or about the

execution, completion or maintenance of the works. m. “Urgent Works” shall mean any urgent measurers which, in the opinion of the Engineer-

in-Charge, become necessary during the progress of the work to obviate any risk of accident or failure or which become necessary for security.

n. A ‘week’ shall mean seven days without regard to the number of hours worked in any

day in that week. o. 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 temporary and urgent works as required for performance of the Contract.

SCOPE AND PERFORMANCE: Contract Documents: 4. The Contract shall be furnished, free of charge, two certified true copies of the Contract

Documents except standard specification and the schedule of rates and of all further drawings which may be issued during the progress of the works. He shall keep one copy of these Documents on the site in good order, and the same shall at all reasonable items be available for inspection and use by the Engineer-in-charge, his representative or by other Inspecting officers.

4.1 None of these Documents shall be used by the Contractor for any purpose other than

that of this contract. 4.2 The Contractor shall take necessary step to ensure that all persons employed on any

work in connection with this Contract have noticed that the Indian Official Secrets Act 1923. (XIX of 1923) applies to them and shall continue to apply even after the execution of such works under the Contract.

Works to be carried of: 5. The work to be carried out under the Contract 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. The description given in the Schedule of Quantities shall, unless otherwise stated, be held to include waste on materials, carriage and cartage, carrying in return of empties, if any hoisting, setting, fitting and fixing in position and other labour necessary in and for the full and entire execution and completion as aforesaid in accordance with good practice and recognized principles.

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Inspection of Site 6. The contractor shall inspect and examine the Site and its surrounding and shall satisfy

himself before submitting his tender as to the nature of the ground and subsoil (so far as is practicable), the form and nature of the Site, the quantities and nature of work and material necessary for the completion of the works and the means of access of the Site, the accommodation he may require and in general shall himself obtain all necessary information as to risk, contingencies and other circumstances which may influence or affected his tender. No extra charges consequent on any misunderstanding or otherwise shall be allowed.

Sufficiency of Tender: 7. The Contractor shall be deemed to have satisfied himself before tendering as to the

correctness and sufficiency of his tender for the works and of the rates and prices quoted in the Schedule of Quantities, which rates and prices shall, except as other wise provided, cover all his obligations under the Contract and all matters and things necessary for the proper completion and maintenance of the works.

Discrepancies and Adjustment of Errors: 8. The several documents forming the contract are to be taken as mutually explanatory of

one another detailed drawing being followed in preference to small scale drawing and figures dimensions in preference to scale and Special Conditions in preference to General Conditions.

8.1 In the Case of discrepancy between Schedule of Quantities the Specifications and/or the Drawings, the following order of preference, shall be observed.

a. Description in Schedule of Quantities. b. Particular Specification and Special Conditions, if any. c. Drawings d. General Specifications. 8.2 If there are varying or conflicting provisions made in any one documents forming part of

the Contract. The Accepting Authority shall be the deciding authority with regards to the intention of the documents.

8.3 Any error in description, quantity or rate in Schedule of Quantities or any omission there-from 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.

8.4 If on check there are found to be difference between the rates given by the contractor in words and figures or in the amount worked out by him in the schedule of quantities and general summery, the same shall be adjusted in accordance with the following rules:

a. In the event of a discrepancy between description in words and figures quoted by a

tenderer, the description in words shall prevail. b. In the event of an error occurring in the amount column of Schedule of quantities as a

result of wrong extension of the unit rate and quantity the unit rate shall be regarded as firm and extension shall be amended on the basis of the rate.

c. All errors in totaling in the amount column and in carrying forwarded totals shall be

corrected. d. The totals of various sections of Schedule of Quantities amended shall be carried over to

the general Summery and the tendered sum amended accordingly the tendered sum so altered shall for the purpose of tender, be substitute for the sum originally tendered and considered for acceptance instead of the original sum quoted by the tenderer. Any rounding off of Quantities or in sections of Schedule of Quantities or in General Summery, by the tenderer, shall be ignored.

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e. In case of lump sum contracts based on Bills of Quantities (quantities not shown as

provision), should any error in quantities or any omissions of items be discovered, the cumulative effect of which varies the Contract sum by more than 5% or Rs.20,000/- whichever is less, than the errors shall be rectified and the rectification dealt with as for deviations/variations under conditions 10 & 11 hereof, and the value thereof shall be added or deducted from the Contract Sum, as the case may be, provided that there shall be no rectification of any errors, omissions or wrong estimates in the prices inserted by the Contractor in the Bills of Quantities.

SECURITY DEPOSIT:

9.1 The earnest money furnished by the Contractor will be treated as part of the security deposit. However, if the earnest money deposit is in the form of a bank guarantee, the Contractor will be required to replace it with initial security deposit equivalent value in one of the forms given hereinafter, within 15 days at acceptance of tender. Further the contractor shall permit the Corporation at the time of making any payment to him for the work done under the Contract to deduct towards the security deposit at the rate of 10 percent of gross amount of each on account payment until the security deposit so deducted reaches the value mentioned in 9.1 (c) of schedule A in cash or in the from of Government Securities or Fixed Deposit Receipts or Bank Guarantees furnished by any of the Nationalised Banks.

a. The security deposit reaches a limit of Rs.5 Lakh, the contractor, if he so desires, may convert the amount into one of the Government Securities or Bank Guarantees as aforesaid.

b. Provided that, if at the time of payment of final bill, the deductions so made together with earnest money already deposited, fall short of the security deposit mentioned in 9.1(c) of schedule A the recovery of the balance amount of security deposit shall be deemed to have been waived.

9.2 The Contractor, if he so desires, can also furnish the entire sums of security deposit as specified in 9.1 (c) of schedule A towards faithful performance of the Contractor in the form of a bank guarantee issued by a Nationalised Bank with in 15 days of acceptance of his tender. The aforesaid bank guarantee towards security deposit shall be kept valid to 90 days after the completion of defect liability period. The earnest money furnished by the contractor shall be returned/refunded to him after receipt of the aforesaid bank guarantee.

9.3 The contract value for purposes of this clause shall be taken as the value of Contract awarded.

9.4 In case a Fixed Deposit Receipt of any bank is furnished by the Contactor as part of the Security Deposit and the bank goes into liquidation or for any other reasons is unable to make payment against the said Fixed Deposit Receipt, the loss caused thereby shall be borne by the Contractor and the Contractor shall forthwith or on demand furnish additional security to make good the deficit.

9.5 All compensation or other sums of money payable by the Contractor under the terms of this contract or any other Contract or any account whatsoever may be deducted from or paid by the sale of a sufficient part of his security deposit or from the interest arising there from or from any sums which may be due or may become due to the Contractor on any account whatsoever and in the event of his security deposit being reduced by reasons of such deduction or sale as aforesaid, the Contractor shall within fourteen days of receipt of notice of demand from the Engineer-in-Charge make good the deficit.

9.6 Government papers tendered as security shall be taken at 5% (Five percent) below the market price or at their face value whichever is less.

9.7 Refund Security Deposit-One half of the Security deposit refundable to the Contractor

worked out on the basis of the value of work completed shall be refunded to the

Contractor on the Engineer-in-Charge certifying in writing that the work has been

completed as per condition 31 hereof etc.

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9.8 On expiry of the Defects Liability Period (referred to in Condition 33 hereof) or on

payment of the amount of the Final Bill payable in accordance with Condition 52 which-

ever is later the Engineer-in-Charge shall on demand from the Contractor, refund to him

the remaining portion of the security deposit provided the Engineer-in-Charge is satisfied

that there is no demand outstanding against the Contractor.

9.9 No interest shall be payable to the contractor against the Security Deposit

furnished/recovered from the contractor.

Deviations/Variations Extent & pricing: 10. The Engineer-in-Charge shall have power (i) to make alteration 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, and the contractor shall be bound to carry out the works in accordance with any instructions given to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions or substitution shall from part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do in the manner above specified as part of the works, shall be carried out by the Contractor on the same conditions in all respects including price on which he agreed to do the main work. Any alterations, Omissions additions or substitutions which radically change the original nature of the contract shall be ordered by the Engineer-in-Charge as a deviation and in the event of any deviation being ordered which in the opinion of the Contractor changes the original nature of the of Contract, he shall nevertheless carry it out and the disagreement if any, as to the nature of work and the rate to be paid thereof shall be resolved in accordance with Condition 56.

10.1 The time for completion of the works shall, in the event of any deviations resulting in

additional cost over the Contract Sum being ordered, be extended as follows if requested by the Contractor.

a. In the proportion which the additional cost of the altered, additional or substituted work,

bears to the original Contract sum; plus b. 25% of the time calculated in (a) above or such further additional time as may be

considered reasonable by the Engineer-in-Charge. Rate for such additional, altered or substituted work shall be determined by the Engineer-

in-Charge as follows:

i. If the rate for additional, altered or substituted item of work is specified in the Schedule of Quantities, the Contractor shall carry out the additional altered or substituted item at the same rate. In the case of composite tenders, where two or more schedules of quantities may from part of the contract, the applicable rate shall be taken from the schedule of quantities of that particular part in which the deviation is involved, failing that at the lowest applicable rate for the same item of work in the other Schedules of quantities.

ii. If the rate for any altered, additional or substituted item of work is not specified in the schedule of Quantities, the rate for that item shall be derived from the rate for the nearest similar item specified therein. In case of composite tenders where two or more schedule of; quantities form part of the contact the rate shall be derived from the nearest similar item in the schedule of Quantities of the particular part of works in which the deviation is involved failing that from the lowest of the nearest similar items in other schedule of quantities.

iii. If the rate for any additional, altered or substituted item of work cannot be determined in the manner specified in sub-paras (i) and (ii) above, then such item of work shall be carried out at the rate entered in the schedule of Rates mentioned in Schedule A plus/minus the percentage by which the tendered amount of the works actually awarded is higher or lower than the estimated amount of the works actually awarded.

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iv. If the rate for any altered, additional or substituted item of work cannot be determined in

the manner specified in sub-paras (i) to (ii) above then the rate for such item of work shall be derived from the Schedule of Rate specified in sub-para (iii) above plus/minus the percentage mentioned in that sub-para. Provided always that if rate(s) for part(s) of an item(s) is/are not specified in the Schedule of Rates the rate(s) for such part(s) shall be determined by the Engineer-in-charge on the basis of the purchase price as supported by the vouchers unless the Engineer-in-charge on the basis of the purchase price as supported by the vouchers unless the Engineer-in-charge finds the purchase price as supported by the Vouchers unless the Engineer-in-Charge finds the purchase price unreasonable. In the latter event the price shall be determined on the basis of market rate(s) prevailing during the fortnight following the date of the order.

v. If the rate for any altered additional or substituted item of work cannot be determined in the

manner specified in sub-para(s) t (iv) above the Contractor shall within 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 Accepting Authority of the rate which he proposes to claim for such item of work, supported by analysis of the rate claimed and the Engineer-in-charge shall, within three months thereafter, after giving due consideration to the rate claimed by the contactor, determine the rate on the basis of market rate(s). In the event of the Contractor failing to inform the Engineer-in-charge within the stipulated period of time the rate which he proposes to claim, the rate for such item shall be determined by the Engineer-in-charge on the basis of market rate(s).

vi. A. Except in case of items of work below ground surface as it exists at the time of

commencement of work (See(B) below) Quantities of which may change due to site Conditions, provisions contained in sub-conditions (i) to (v) above shall not apply to.

a. That value of any contract items, substituted item or contract-cum-substituted item as is in excess of the original value of the item plus the percentage mentioned in Schedule A (Applicable to Lump sum Contracts, Measurement Contracts based on item rates and Percentage Rate Contract),

b. That value of deviations ordered on any individual trade item included in the contract as is in excess of the percentage mentioned in Schedule-A (Applicable to Lump-Sum-Contract only).

c. The value of all items not included in the contract, as is in excess of the percentage mentioned in Schedule A of the contract.

d. 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, provisions contained in sub-conditions (i) to (v) above shall not apply to

a. Items of any individual trade which exceed by more than the percentage mentioned in

schedule-A of the value of that trade included in the contract as a whole, unless the Contractor and the Engineer-in-charge agree to a higher percentage for any particular item.

b. The value of any item not included in the Contract in excess of 5% of the contract sum

whichever is higher. NOTE: Individual trade means sub-heads into Which the schedule of Quantities as provided In the contract has been divided and in the Absence of any Such provision in the Contract, the sub-heads as given in the Schedule of rates. 11. In the case of contract items, substituted items, contract-cum-substituted items. or

additional items which exceed the limits laid down in sub-para (vi) of condition 10 above, the contractor may, within fourteen days of receipt of order or occurrence of the excess claim revision of the rates, supported by proper analysis, for the work in excess of the rates specified in the Schedule of quantities or of those derived in accordance with the provisions of sub-para (i) to (iv) of condition 10 by more than five percent inform the Engineer-in-charge under advice to the Accepting

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Authority and the Engineer-in-charge shall, within three months of receipt of the claim

supported by analysis, after giving consideration to the analysis of the rates submitted by the contractor, determine the rates on the basis of market rates and if the rates so determined exceed the rates specified in the schedule of quantities or these derived in accordance with the provisions of sub-paras (i) to (iv) of condition 10 by more than 5 percent, the contractor shall be paid in accordance with the rates so determined. In the event of the contractor failing to claim revision of rates within the stipulated period. or if the

rates determined by the Engineer-in-Charge within a period of three months of receipt of the claim supported by analysis are within five percent of the rates specified in the Schedule of quantities or of those determined accordance with the provisions of sub paras (i) to (iv) of condition 10 the Engineer-in-charge shall make payment at the rates as specified in the schedule of quantities or those already determined under sub-paras (i) to (iv) of condition 10 for the quantities in excess of the limits laid down in sub para (vi) of condition 10.

11.2 The provisions of the preceding shall also apply to the decrease in the rates of items, for

the work in excess of the limits laid down in sub-para (vi) of condition 10 provided that such decreases is more than five percent of rates specified in the schedule of quantities or of those derived in accordance with the provisions or sub-paras (i) to (iv) of condition 10 the Engineer-in-chief may after giving notice to the contractor within two months of receipt of order by the contractor or occurrence of the excess and after taking into consideration any reply received from him within fourteen days of receipt of the notice, revise the rates for the work in question within two months of expiry of the said period of 14 days having regard to the market rates.

Suspension of works: 12.a. 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:

i. On account of any default on part of the contractor, or ii. For proper execution of the works or part thereof for reasons other than the default of

the contractor, or iii. For safety of the works or part thereof, 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.

b. If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above: i. The contractor shall be entitled to an extension of the time equal to the period of

every such suspension plus 25%. ii. if the total period of all such suspension exceeds thirty days, the contractor shall, in

addition, be entitled to compensation, as the Accepting Authority 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 period of suspension, adding thereto the percentage mentioned in Schedule A to cover indirect expenses of the contractor, provided the contractor submits his claim supported by details to the Engineer-in-charge under advice to the Accepting Authority within 14 days of the expiry of the period of 30 days.

c. If the works or part thereof is suspended on the orders of the Engineer-in-charge for more

than three months at a time, except when suspension is ordered for reason, (i) in sub-para (a) above, the contractor may after receipt of such order serve a written notice on the Engineer-in-charge under advice to the Accepting Authority requiring permission within fifteen days from receipt by the Engineer-in-charge of the said notice, to proceed with the works or part thereof in regard to which process has been suspended and if such permission is not granted within that time, the contractor, if he intends to treat the suspension, where it affects only a part of the works as an omission of such part b the conditions 10 and 11 or where it affects the whole

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of the works, as an abandonment of the works by the Corporation shall within 10 days of expiry of such period of 15 days give notice in writing of the intention to Engineer-in-charge under advice to the Accepting Authority. In the event of the contractor treating the suspension as an abandonment of the contract by Corporation, he shall have no claim to payment of any compensation on account of any profit or advantage which he may have derived from the execution of the work in full but which he could not derive in consequence of the abandonment. He shall however, be entitled to compensation, as the Accepting Authority may consider reasonable, in respect of salaries and/or wages paid by him to his employees and labour at Site, remaining idle in consequence and of material collected which could not be utilized on the works, adding to the total thereof the percentage mentioned in Schedule A to cover indirect expenses of the Contractor provided the Contractor submits his claim supported by the details to the Engineer-in-Charge under advice to the Accepting Authority within 28 days of the expiry of the period of 3 months.

Time and Extension for Delay: 13. The time allowed for execution of the works as specified in the Schedule A or the

extended time in accordance with these Conditions shall be the essence of the Contract. The execution of the works shall commence from the 15

th day after the date

on which the Corporation issues written orders to commence the work. If the Contractor commits default in commencing the execution of the work as aforesaid, Corporation shall without prejudice to any other right or remedy be at liberty to forefeit the earnest money absolutely.

13.1 As soon as possible after the Contract is concluded the Engineer-in-Charge and the

contractor shall agree upon a Time and Progress Chart. The Chart shall be prepared in direct relation to the time stated in the Contractor documents for completion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades or sections of the work and may be amended as necessary by agreement between the Engineer-in-Charge and the Contractor within the limitations of time imposed in the Contract Documents, and further to ensure good progress during the execution of the work, the contractor shall in all cases in which the time allowed for any work exceeds one month Say for Special jobs complete 1/8

th of the whole of the

work before 1/4th of the whole time allowed in the contract has elapsed; 3/8

th of the

work before one half of such time has elapsed and 3/4 before 3/4 of such time has elapsed.

13.2 If the works be delayed by a. force measure, or b. abnormally bad weather, or c. serious loss or damage by fire, or d. civil commotion local combination of workmen, strike or lockout, affecting any of the

trades employed on the work, or e. delay on the part of other Contract of tradesmen engaged by CORPORATION in

executing work not forming part of the contractor, or f. non-availability of stores, which are the responsibility of CORPORATION o supply, or g. any other cause which, in the absolute discretion of the authority mentioned in

Schedule A, is beyond the Contract’s control. Then upon the happening of any such event causing delay the Contractor shall

immediately give notice thereof in writing to the Engineer-in-Charge but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the works.

13.3 Request for extension of time, to be eligible for consideration, shall be made by the

Contractor in writing within fourteen days of the happening of the event causing delay. The contractor may also if practicable, indicate in such a request the period of or which extension is desired.

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13.4 In any such case the authority mentioned in Scheduled A may give a fire and

reasonable extension of time for completion of the work. Such extension shall be communicated to the contractor by the Engineer-in-charge in writing, within 3 months of the date of receipt of such request by the Engineer-in-Charge.

14. The Contractor shall arrange at his own expense all tools, plant and equipment (here-

in after referred to as T & P) required for execution of the work, except the item listed in Schedule ‘C’ which will be given to him on hire (if the same can be spared by Corporation) by the Corporation at rates shown in that schedule. In case the Contractor does not require some or all items of the T & P listed in schedule C he will indicate his, requirements at the time of submitting his tender. Corporation’s T & P hired to the contractor shall be conveyed by him at his expense from the place of issue to the site and back.

14.1 If the Contractor requires any item of T & P on hire from the Corporation over and above the requirements indicated him at the time of submitting his tender, the corporation will, if such item is available, hire it to the Contractor at a rate to be fixed by the Engineer-in-Charge.

14.2 The period of hire will be reckoned from the commencement of the day of issue up to the end of the day of return (including all holidays) irrespective of the actual hour of issue and return. The contractor will be exempted from levy of any charges for the number of days he is called upon in writing by the Engineer-in-charge to suspend execution for the work, provided Corporation T & P in question has, in fact, remained idle with the contractor because of the suspension, provided the contractor, in case the period of suspension exceeds 11 days, returns Corporation T & P to the place from where it was issued.

14.3 The hire charges shall be reckoned as under: a. The first eight hours (excluding a break of one hour) (one) working day b. every working hour or part thereof in excess of 8 working hours, at the rate of 1/8

th

of the hire charges for a working day; provided however If the if the Corporation has paid more than at the rate of 1/8

th of the wages of the crew for overtime under

the minimum wages Act or any other law for the time being in force, the excess over 1/8

th of the wages shall also be charged to the contractor.

14.4 If at any Time Corporation’s T & P has not been worked at all during a day except for a

breakdown or has been worked foe less than eight hours during a day, the contractor shall be charged for one working day.

14.5 If any item of Corporation’s T & P has stopped working on account of a breakdown

before it has worked for four hours in a day, the contractor will be charged for half a working day. If the item has stopped working after it has worked for more than four hours but less than eight hours, the contractor will be charged for a full working day.

14.6 The hire charges shown in the schedule cover financing cost, charges of crew,

depreciation, stores for maintenance and cleaning purposes and fuel needed to start a machine at the time of issue. All other charges such as cost of fuel for running a machine, engine oil, kerosene oil etc., for working Corporation’s T & P and all unskilled labour and water required for servicing/wash out shall be borne by the contractor. The contractor shall permit the Engineer-in-Charge to carry out periodical maintenance of Corporation’s T & P in accordance with the provision therefore in the aforesaid schedule, and there will be no deduction in hire charges for the period spent on such maintenance.

However, the contractor shall be allowed to return the tools and plants (issued by the

Corporation’s) for purposes of repairs and for the duration of such repairs no hire charge shall be levied.

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14.7 The Contractor shall be responsible for care and custody of Corporation’s T&P (including

employment of chowkidars) during the period Corporation’s T&P remain with him and any damage (fair war and tear excepted) any of the equipment (except for Excepted Risks provided always the contractor has taken precautions necessary to protect it from such risks) shall be made good at the Contractor’s expense to the satisfaction of the Engineer-in-charge unless such damage is caused because of negligence of crew provided by the corporation.

14.8 The Corporation gives no guarantee in respect of output of its T&P hired to the

Contractor and no reduction in rates or any compensation shall be allowed on the ground that out turn or performance of Corporation’s T&P was not to the Contractor’s expectation.

14.9 Corporation’s T & P hired to the contractor shall be returned at the place of issue (unless

otherwise directed) by the contractor to the Engineer-in-charge on complication of the work or section of the work or earlier on termination of the hire by the corporation as hereafter provided on a write notice by the Engineer-in-charge the corporation shall be entitled to terminate the hire on two days notice without assigning any reason whatsoever and the contractor shall have no claim to any payment of compensation or otherwise whatsoever on account of termination of hire corporation’s T & P by the corporation.

14.10 A Log Book for recording hours during which every item of corporation’s T & P issued to

the contractor has worked each day shall be maintained by the member of the crew in-charge thereof any representative of the Engineer-in-charge appointed on that behalf and shall be daily attested by the contractor or his authorized representative. In case the contractor contests correctness of any entry and/or fails to sign the Log cook the decision of the Engineer-in-charge shall be final and binding on him. Hire charges shall be calculated in accordance with the entries in the Log Book.

14.11 The hire charges payable by the contractor shall be recovered from the contractor’s bills. Materials: 15. a. The contractor shall at his own expenses, provide all materials required for the works

other than those which are to be supplied by the Corporation. 1. All materials to be provided by the contractor shall be in conformity with the

specifications laid down in the contractor and the contractor shall, if requested by the Engineer-in-charge, furnish proof to the satisfaction for Engineer-in-charge that the materials so comply.

2. The contractor shall, at his own expense and without delay, supply to the Engineer-in-

charge samples of materials proposed to be used in the works. The Engineer-in-charge shall within seven days of supply of samples or within such further period as he may require and intimate to the contractor in writing, whether samples are approved by him or not. If samples are not approved, the contractor shall forthwith arrange to supply to the Engineer-in-charge for his approval fresh samples complying with the specifications laid down in the contract.

3. 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 have them removed by other means. The Engineer-in-charge shall have powers to procure 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. All costs, which may attend upon such removal and/or substitution shall be borne by the contractor.

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4. The Contractor shall indemnity the Corporation, its representatives or employee of the

Corporation 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 royalities or other charges which may be payable in respect of any article or materials or part thereof included in the Contract. In the event of any claim being made or action being brought against the CORPORATION n or any agent servant or employee of the Corporation in respect of any such matters as aforesaid, the Contractor shall immediately be notified thereof. Provided that such indemnity shall not apply when such infringement has taken place in complying with the specific directions issued by the CORPORATION; but the Contractor shall pay any royalities or other charges payable in respect of any such use, the amount so paid being reimbursed to the Contractor only if the use was the result of any drawings and/or specifications issued after submission of the tender.

5. Subject as hereinafter provided in condition 53/53-A all charges on account of octroi, terminal or sales tax and other duties on materials obtained for the works from any source shall be borne by the Contractor.

6. 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 required 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 shall be borne by the Contractor. The cost of materials consumed in tests shall be borne by the Contractor in all cases except when otherwise provided.

7. In addition the Contactor shall perform/submit at his own cost such tests/samples as may be

required by the Engineer-in-charge out of the materials issued by the corporation, if any except for the costs of materials used in such tests/samples.

15.b Materials to be supplied by the corporation :

Materials to be supplied by the corporation are shown in Schedule ‘B’ which also situated quantum, place of issue and rate(s) to be charged in respect thereof.

1. If after acceptance of the tender the contractor desires the corporation to supply any other materials, such materials may be supplied by the corporation, if available, at rates to be fixed by the Engineer-in-charge. The corporation reserves the right not to issue any such materials. The non issue of such materials will not entitled the Contactor for any compensation whatsoever either in time or in cost.

2.a. Corporation may issue all the materials to be issued to the Contractor under the Contract, at its site stores, or nearest rail head. 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 corporation subject to the reasonableness of such transportation cost being certified by the Engineer-in-charge. All other costs such as loading, unloading, transportation to Contractors go down, storage etc. till the materials are incorporated in the works or returned to the corporation shall be to the account of the Contractor.

2.b. For the materials listed in Schedule B which the corporation has agreed to supply to the

contractor, he shall give a reasonable notice in writing of his requirements to the Engineer-in-charge in accordance with the agreed phased programme. Such materials shall be supplied for the purposes of the Contract only and the value of materials so supplied at the rates specified in the aforesaid schedule shall be set off or deducted, as and when materials are consumed in items of work for which payment is being made to the Contractor, from any sums the due or which may thereafter become due to the Contractor, under the Contract. At the time of submission of bills the Contractor shall properly account for the materials issued to him to the satisfaction of the Engineer-in-charge, certify that balance of materials supplied is available at site.

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3. The Contractor shall bear the cost of loading, transporting to site, unloading, storing under

cover as required, assembling and joining the several parts together as necessary and incorporating of fixing materials in the works including all preparatory work of whatever description as may be required.

4. All materials issued to the Contractor by the corporation for in corporation of fixing in the

works (including preparatory work) shall, on completion or on foreclosures of the works, be returned by the Contractor at his expense, at the place of issue, after making due allowance for actual consumption, reasonable wear and tear and or waste. The reasonable wastage % shall however be mentioned in the Schedule B indicating the issue of stores. If the Contractor is required to deliver such materials at a place other than the place of issue, 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 place of issue, shall be borne by the corporation.

5. The following are the allowable wastages on different materials : a. Cement : 3% of estimated quantity of cement to be used in various items of

work. b. Reinforcement Steel : 5% of estimated quantity based on bar bending schedules. c. Structural Steel : As stipulated in Technical Specification d. Cut pieces of reinforcement rods of length 3.0 metres and above may be accepted by the

corporation and credit given at the issue rates. 6. Surplus materials returned by the Contractor shall be credited to him by the Engineer-in-

charge at rates not exceeding those at which these were originally issued to him after taking into consideration or damage which may have been caused to the said materials whilst in the custody of the Contractor.

7. If on completion of works the Contractor fails to return surplus materials out of those

supplied by the corporation, then in addition to any other liability which the Contractor would incur in the Engineer-in-charge may, by a written notice to the Contractor, require him to pay within a fortnight of receipt of the notice, for such unreturned surplus materials at double the issue rates.

8. EMPTY CEMENT BAGS The recovery rate of cement is inclusive of cost of jute or paper bags. The Contractor shall

have to return at least 90% of the cement jute bags in good and acceptable condition to the Bag Collecting Agents. The payment for the cost of empty bags will be made to the contractor by the bag collecting. The contractor shall get the name of the bag collecting agent, from the Engineer-in-charge in writing. The Contractor must produce the certificate on the printed letter head from the authorized bag collecting agents as proof for the number of bags returned by him while claiming payment against each running bill. In cases, the number of serviceable jute bags returned is less than 90% of the just bags issued, compensation at the rate of Rs.1/- per bag returned short of the minimum number shall be recovered from the Contractor. The Contractor should send intimation by registered post to the bag collection agents of cement factories for collecting the bags within a period of 30 days if the bag collecting agents fail to turn up within specified period, the contractor with prior approval of the Engineer-in-charge shall be at liberty to dispose of the bags.

General: 15 c Materials required for the works whether brought by the Contractor or supplied by the

corporation 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.

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1. Corporation’s officials concerned with the Contract 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 form which these are being obtained and the contractor shall give such facilities as may be required for such inspection and examination.

2. All materials brought to the Site shall become and remain the property of the corporation

and shall not be removed off the site without the prior written approval of the Engineer-in-charge. But when ever the works are finally completed and advance if any in respect of any such materials is fully recovered the Contractor shall at his own expense forthwith remove from the Site all surplus material originally supplied by him and upon such removal, the same shall revest in and become the property of the contractor.

Labour : 16. The Contractor shall employ labour in sufficient numbers to maintain the required rate of

progress and of quality to ensure workmanship of the degree specified in the contract and to the satisfaction of the Engineer-in-charge. The contractor shall not employ in connection with the works any person who has not completed his fifteen years of age.

16.1 The Contractor shall furnish to the Engineer-in-charge at the intervals mentioned in

Schedule A a distribution return of the number and description by trades of the work people employed on the works. The contractor shall also submit on the 4

th and 19

th of every month

to the Engineer-in-charge a true statement showing in respect of the second half of the preceding month and the 1

st half of the current month (i) the accident that occurred during

the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (ii) the number of female workers who have been allowed Maternity Benefit as provided in the Maternity Benefit Act1961 or rules made there under and the amount paid to them.

16.2 The contractor shall pay to labour employed by him either directly or through subcontractors wages not less than fair wages as defined in the contract labour regulations Act.

16.3 The Contractor shall in respect of labour employed by him or his sub-contractor’s comply with or cause to be complied with the Contract Labour Regulations in regard to all maters provided therein.

16.4 The Contractor shall comply with the provisions of the payment of Wages Act, 1936, Minimum wages Act, 1948, Employers Liability Act 1938. Workmens Compensation Act, 1923, Industrial Disputes Act, 1947, Maternity Benefit Act 1961 and Mines Act.1952, Contract Labour Regulation & Abolition Act.1970 or any modifications thereof or any other law relating thereto and rules made there under from time to time.

A. The contractor shall be liable to pay his contribution and the employees contribution to the

State Insurance Scheme in respect of all labour employed by him for the execution of the contract in accordance with the provision of “The Employees State Insurance Act”, 1948 as amended from time to time. In case the contractor fails to submit full details of his account of labour employed and the contribution payable, the Engineer-in-charge shall recover from the running bills of Contractor an amount of contribution as assessed by him. The amount so recovered shall be adjusted against the actual contribution payable for Employees State Insurance.

16.5 The Engineer-in-charge shall on a report having been made by the an inspecting officer as

defined in the contract Labour Regulations have the power to deduct from the money due to the contractor any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for the benefit of workers, non-payment of wages or of deductions made from his or their wages which are not justified by the term of the contract or non-observance of the said contract labour Regulation.

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16.6 The contractor shall indemnity the corporation against any payments to be made under

and for observance of the Regulations aforesaid without prejudice to his right to claim indemnity from his sub-contractors.

16.7 In the event of the Contractor committing a default or breach of any of the provision of the aforesaid Contract Labour Regulations as amended from time to time of furnishing any information or submitting or filling any Form/Register/Slip under the provisions of these Regulations which is materially incorrect then on the Report of the Inspecting Officers as defined in the Contract Labour Regulations the contract shall without prejudice to any other liability pay to the corporation a sum not exceeding Rs.50.00 as liquidated damages for every default, breach or furnishing, making, submitting, filling, materially in correct statement as may be fixed by the Engineer-in-charge and in the event of the Contractors default continuing in this respect, the liquidated damages may be enhanced to Rs.50.00 per day for each day of default subject to maximum of ten percent of the estimated cost of the works put to tender. The Engineer-in-charge shall deduct such amount from bill or security deposit of the Contractor and credit the same to the Welfare Fund constituted under Regulations. The decision of the Engineer-in-charge in this respect shall be final and binding.

16.7.1 Model Rules for Labour Welfare: The contractor shall at his own expense comply with or cause to be complied with Model Rules for Labour Welfare as appended to these Conditions or rules framed by the Government from time to time for the protection of health and for making sanitary arrangement for workers employed directly or indirectly on the works. In case the Contractor fails to make arrangements as aforesaid, the Engineer-in-charge shall be entitled to do so and recover the cost thereof from tile contractor.

16.7.1 1. Failure to comply with Model Rules for Labour Welfare and/or provisions relating to

report on accidents and/or to grant of maternity benefits to female workers shall make the contractor liable to pay to the corporation Liquidated damages on amount of Rs.1000/- (Rs. One Thousand only) for each default or materially incorrect statement. The decision by the Engineer-in-charge in such matters based on reports from the inspecting Officers not defined in the Contractors Labour Regulation as appended to these conditions shall be final and binding and deductions for recovery of such Liquidated damage will be made from any amount payable to the contractor.

16.7.2 Safety provisions i. A contractor employing more than 250 workmen whether temporary, casual,

probationers, regular or permanent or on contract, shall employ at least one full time officer exclusively as safety officer to supervise safety aspects to the equipment and workmen, who will coordinate with the project safety officer. In case of work being carried out through sub-contractor’s work men/employees will also be considered as the Contractor’s employees/workmen for the above purpose. The name and address of such safety officer of Contractors will be promptly informed in writing to Engineer-in-charge with a copy to safety officer-incharge of NTPC, before he starts work or immediately after any change of incumbent is made during currency of the contractor.

ii. In case any accident occurs during the construction/erection or other associated activities undertaken by the contractor thereby causing any minor or major of fatal injury to his employees due to any reason, whatsoever, it shall be the responsibility of the contractor to promptly inform the same to corporation’s Engineer-in-charge in prescribed from an also to all the authorities envisaged under the applicable laws.

iii. The Engineer-in-charge shall have the right at his sole discretion to stop the work, if in

his opinion the work is being carried out in such a way that it may cause accidents in danger the safety of the persons and/or property and/or equipment. In such cases, the contractor shall be informed in writing about the nature of hazards and possible injury/accident and he shall comply to remove short-comings promptly, the contractor after stopping the specific work can, if felt necessary, appeal against the order of stoppage of work to the Engineer-in-charge within 3 days of such stoppage of the work the decision for the Engineer-in-charge in this respect shall conclusive and binding on the contractor.

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iv. The Contractor shall not be entitled for any damages/compensation for stoppage of work

due to safety reasons as provided in para 16.7.2 (iii) above and the period of such stoppage of work will not be taken as an extension of time for completion of work and will not be the ground for waiver of levy of liquidated damages.

v. The contractor shall follow and comply with all NTPC Safety Rules, relevant provisions of applicable laws pertaining to the safety of workmen, employees, plant and equipment as may be prescribed from time to time without any demur, protest or contest or reservation. In case of any-non-conformity between statutory requirement and NTPC Safety Rules referred to above, the later shall be binding on the Contractor unless the statutory provisions are stringent.

vi. If the contractor fails in providing safe working environment as per NTPC Safety Rules or continues the work even after being instructed to stop work by the Engineer-in-charge as provided in para 16.7.2 (iii) above the contractor shall promptly pay to NTPC, on demand by the Owner compensation at the rate of Rs.5000/- per day or part thereof till the instructions are complied with and so certified by the Engineer-in-charge. However, in case of accident taking place causing injury, to any individual the provisions contained in para 16.7.2 (vii) below shall also apply in addition to compensation mentioned in this para.

vii. If the Contractor does not take all safety precautions and/or fails to comply with the

Safety Rules as prescribed by NTPC or under the applicable law for the safety of the equipment and plant and for the safety of personal and the Contractor does not prevent hazardous conditions which cause injury to his own employees or employees of the Contractors, or NTPC employees or any other persons who are to site or adjacent thereto, the Contractor, shall be responsible for payment of compensation of NTPC as per the following schedule :

a) Fatal injury or : Compensation @ two percent (2%) of con-value or track accident causing Rs.1,00,000 Rs. one lakhs only) which ever is less, death per person.

b) Major injuries or accident : Compensation @ one half of one percent value or causing 25% more permanent (1/2%) of contract Rs. 20,000/- only) which ever is less, per

disablement to workmen or person employees .

NOTE: These compensations are applicable for death/injury to any person whatsoever. Permanent disablement shall have same meaning as indicated in workmen penalty act. The compensations mentioned above shall be in addition to the compensation payable to the workmen/employees under the relevant provisions of Compensation act and rules framed there under or any other applicable laws as applicable from time to time in case the Owner is made to pay such compensation then the contractor is liable to reimburse the ownersuch amount is addition to the penalty the compensation indicated above.

viii. If the contractor observes all the safety rules and codes, statutory laws and rules during the currency of the Contract awarded by the owner and any accident occurs during NTPC may consider of the contractor and award ACCIDENT FREE SAFETY MERITORIOUS as per schemes as may be announced separately from time to time :

iii. That the Contractor shall be liable to vacate the land on demand by the Engineer-in-charge.

iv. That the Contractor shall have no right to any construction over this land without the written permission of the Engineer-in-charge. In case he is allowed to construct any structure he shall have to demolish and clear the same before handing over the completed work unless agreed to the contrary”.

17.1 The Contractor shall provide, if necessary or if required on the site, all temporary access thereto 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 & when ordered by the Engineer-in-charge and make good all damage done to the site.

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Setting out the Works: 18. The Engineer-in-charge shall supply dimensioned drawings, levels and other information

necessary to enable the Contractor shall set out the works and be responsible for the accuracy of the same. He shall amend at his own cost and to the satisfaction for the Engineer-in-charge any error found at any stage which may arise through inaccsetting 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 Corporation. The Contractor shall protect and preserve all bench marks used insetting out the works till end of the Defects Liability Period unless the Engineer-in-charge directs their removal.

Site Drainage: 19. All water which may accumulate on the site during the progress of the works, or in trenches

and excavations, from other than the excepted Risks shall be removed from the site to the satisfaction of the Engineer-in-charge and at the contractor’s expense.

Nuisance: 20. The Contractor shall not any time do, cause permit any nuisance, on site or do anything

which shall cause unnecessary disturbance or inconvenience to owners, tenants or occupiers of other properties near the site and to the public generally.

Materials obtained from Excavation: 21. Materials of any kind obtained from excavation on the site shall remain the property of the

Corporation and shall be disposed of as the Engineer-in-charge may direct. Treasure, Trove, Fossils etc. : 22. All fossils, coins, articles of value or antiquity and structures and other remains or things of

geological or archeological interest discovered on the site shall be the absolute property of the Corporation 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 discover thereof and before removal acquaint the Engineer-in-charge with such discovery and carry out the Engineer-in-charge directions as to the disposal of the same at the expense of the Corporation.

Protection of Trees: 23. Trees designated by the Engineer-in-charge shall be protected from damage during the

course of the works and earth level within 1 meter of each such tree shall not be charged where necessary, cush trees shall be protected by providing temporary fencing.

24. The Contractor shall provided 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.

Contractor’s Supervision:

25. The Contractor shall either himself supervise the execution of the works or shall appoint a competent agent approved by the Engineer-in-charge if the Contractor has himself not sufficient knowledge and experience to be capable of receiving instructions or cannot give his full attention to the works, the contractor, shall at his own expense, employ as his accredited agent an engineer approved by the Engineer-in-charge. Order given to the Contractors agent shall be considered to have the same force these had been given to the Contractor himself. If the Contractor fails to appoint a suitable agent as directed by the Engineer-in-charge, the Engineer-in-charge shall have full powers to suspend the execution of the works until such date as a suitable agent is appointed and the Contractor shall be held responsible for the delay so caused to the works.

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Inspection and Approval: 26. 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 authorized representative when each stage is ready. In default of such notice, the Engineer-in-charge shall be entitled to appraise quality and extent thereof.

26.1 No work shall be covered up or put out of view without the approval of the Engineer-in-charge

or his authorized representative and the Contractor shall afford 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 permanent work is placed thereon. The Contractor shall give due notice to the Engineer-in-charge or his Authorized 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 the Contractors expense.

26.2 The Engineer-in-charge or his 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 required foe such inspection and examination.

Duties and Power of Engineer-in-Charge’s Representative: 2.7 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 Corporation nor to make any variation in the works.

27.1 The Engineer-in-charge may from time to time in writing delegate to his Representative any

for 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 tie Contractor and the Corporation as though it has been given by the Engineer-in-charge.

27.2 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.

27.3 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:

Removal of Workmen: 28. The Contractor shall employ in and about the Execution of the works only such persons as

are skilled and experienced in their several trades and the Engineer-in-charge shall be at liberty to object to and require the Contractor to remove from the works any person employed by the Contractor in or about the execution of the works who in the opinion of the Engineer-in-charge misconducts himself or is incompetent or negligent in the proper performance of the duties and such person shall not be again employed upon the works without permission of the Engineer-in-charge.

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Uncovering and making Good: 29. The Contractor shall uncover any part of the works and/or make opening 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 satisfaction 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 be executed in accordance with the Contractor, the expenses of uncovering and/or making opening in or through reinstating and making good the same shall be borne by the Corporation. In any other case all such expenses shall be borne by the Contractor.

Work during Night or on Sundays and Holidays: Subject to any provisions to be Contrary contained in the Contract none of the permanent

works shall be carried out during night or on Sundays or on authorized holidays without the permission in writing of the Engineer-in-charge.

Completion Certificate: 31.1 As soon as the work is completed the contractor shall give notice of such completion to the

Engineer-in-charge and within thirty 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 to be rectified by the Contractor and/or (c) items for which payment shall be made at reduced rates. When separate periods of completion have been specified for items or groups of items Engineer-in-charge shall issue separate completion certificates for such items or of 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, rubbish and all huts and sanitary arrangements required for his workmen on the site in connection with the execution of the work as shall have been erected by the Contractor or the workmen and cleaned all dirt from the parts of buildings (s) in upon or about which the work has been executed or of which he have had possession for the purpose of the execution thereof and cleaned floors, gutters and drains, eased doors and sashes, oiled locks and fastening labeled keys clearly and handed them over to the Engineer-in-charge and made the whole premises fit for immediate occupation or use to the satisfaction of the Engineer-in-charge. If the contractor shall fail to comply with any for the equipments of this conditions as aforesaid, on or before the date of completion of the works, the Engineer-in-charge may at the expense of the contractor fulfill such requirements and dispose of the scaffoldings, surplus materials and rubbish etc. as the thinks fit and the Contractor shall have no claim in respect of any such scaffolding, or surplus materials except for any sum actually realised by the sale thereof less the cost of fulfilling the requirements and any other amount that may be due from the Contractor. If the expense of fulfilling such requirements is more than the amount realized on such disposal as aforesaid, the contractor shall forthwith on demand pay such excess.

31.2 If at any time before completion to 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) then notwithstanding anything expressed or implied elsewhere in this Contact:

a. Within thirty days of the data of completion of such items or groups of items or of possession

of the relevant part the Engineer-in-Charge shall issue completion certificate for the relevant part as in condition 31 (1) above provided the Contract fulfills his obligations under that condition for the relevant part.

b. 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.

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c. The Contractor may reduce the value insured under Condition 34/34A by the full value of the

completed items or relevant part as estimated by the Engineer-in-charge for this purpose. This estimate shall be applicable for this purpose only and for no other.

d. For the purposes of ascertaining compensation for delay under Condition 32 in respect of

any period during which the works are not complete the relevant part will be deemed to from a separate item or group with date of completion as given in the Contract or as extended under Condition 13 and actual date of completion as certified by the Engineer-in-charge under this Condition.

Compensation for Delay: 32. If the Contractor fails to mention the required progress in terms of Condition 13 or to

complete the work and clear the site on or before the contract or extended date period of completion, he shall, without Prejudice to any other right or remedy of the Corporation on account of such breach, pay as agreed compensation amount calculated as stipulated below or such smaller amount as be fixed by the authority mentioned in Schedule A on the contract value of the work for every week that the progress remains below that specified in condition 13 or that the work remains incomplete.

This will also apply items or groups of items for which separate period of completion has

been specified. (Refer Special Conditions of Contract) For this purpose the terms ‘Contract Value’ shall be the value of contract rates of the works

as ordered. a. Completion period (as originally @ 1 percent per week stipulated) not exceeding 6 months.

b. Completion period (as originally @ ½ percent per week stipulated) exceeding 6 months and not exceeding 2 year. c. Completion period (as originally @ ¼ percent per week stipulated) exceeding 2 years. 32.1 Provided always that the total amount of completion for delay to be paid under this condition

shall not exceed the undernoted percentage of the Contract value or of the Contract value of the item or group of items of work for which a separate period of completion is given:

a. Completion period (as originally 10 percentage stipulated) not exceeding 6 months.

b. Completion period (as generally 7 1/2 percent stipulated) exceeding 6 months and not exceeding 2 year. c. Completion period (as originally 5 percent stipulated) exceeding 2 years. 32.2 The amount of Compensation may be adjusted or set-off against any sum payable to the

contractor under this or any other contractor with the Corporation. Defects Liability Period: 33. 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 the period mentioned in Schedule A hereto from the certified date of completion and intimation of which has been sent to the Contractor within seven days of the expiry the said period by a later sent by hand delivery or by registered post.

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Contractors Liability and Insurance:

*34. From commencement to completion of the works the Contractor shall take full responsibility for the

case thereof and for taking precautions to prevent loss or damage and to minimise loss or

damage to the greatest extent possible and shall be liable for any damage or loss that may

happen tot he Works or any part thereof and all Corporation's T & P from any cause whatsoever

(save and except the Excepted Risks) and shall at his own cost repair and make, good the same

so that, at completion, the Works and all Corporation’s T & P shall be in good order and condition

and in conformity in every respect with requirements of the Contract and instructions of the

Engineer-in-Charge.

34.1 In the event of any loss or damage to the Works or any part thereof or to any T & P or to any

material or articles at the Site from any of the Excepted Risk 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, taking to the

corporations store such corporation’s T & P. articles and/or materials as may be directed:

b. The Contractor shall, as may be directed in writing by the Engineer-in-Charge, proceed with the

erection and completion of the Works under and in accordance with the provisions and Conditions

of the Contract; and

c. There will be added to the Contract sum, the net amount due, ascertained in the same manner,

as for deviations, or as prescribed for payment, in respect of the re-execution of the works lost

or damaged; the replacement of any T & P and of any materials and articles lost or damaged,

but not incorporated in the Works on the day when the loss or damage occurred and the

removal by the Contractor as provided above of corporations T&P articles and/or materials to

the coporation's store and of debris and damaged Works referred to therein and the

compensation paid by him under any law for the time being enforce, to any workman employed

by him for any injury caused to him, or to the workmans legal successors for loss of the

workman's life.

34.2 PROVIDED always that the Contractor shall not be entitled to payment under the above

provisions in respect of so much loss or damage as has beep occasioned by any failure on his part

to perform his obligations under the Contract or not taking precautions to prevent loss or

damage or minimise the amount of such loss or damage.

34.3 Where corporations building or a part thereof is rented b 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 which the decision of the Engineer-in-Charge shall be final

and binding.

34.4 The Contractor shall indemnify and keep indemnified the corporation 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 Works and against all claims,

demands proceedings, damages, costs, charges and expenses whatsoever in respect of or in

relation there to. PROVIDED always that nothing herein contained shall be deemed to render

the Contractor liable for or in respect of or to indemnify the corporation against any compensation or

damage caused by the Ex-cepted Risks.

34.5 Before commencing execution of the work, the Contractor shall, without in any way limiting his

obligations and responsibilities under this condition, insure against any damage, loss or injury

which may occur to any property, (excluding that of the corporation but including the

Corporation's building rented by the Contractor wholly or in a part and any part of which is used by

him for storing combustible materials) or to any person (including any employee of the

Corporation) by or arising out of carrying out of the Contract.

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34.6 The Contractor shall at all times indemnify the Corporation against all claims, damages or

compensation under the provisions of Payment of Wages Act, 1936, Minimum Wages Act. 1948,

Employer's Liability Act, 1938, the Workmen's Compensation Act, 1923, Industrial Disputes Act, 1947

and the Maternity Benefit Act, 1961 or any modifications thereof or any other law relating thereto and

rules made thereunder from time to time or as a consequence of any accident or injury to any

workman or other persons in or about the Works, whether in the employment of the Contractor or

not, save and except where such accident or injury has resulted from any act of the Corporation, his

agents or servants, and also against all costs, charges and expenses of any suit, action or

proceedings arising out of such accident or injury and against all sum or sums which may with the

consent of the Contractor be paid to compromise or compound any claim. Without limiting his

obligations and liabilities as above provided, the Contractor shall insure against all claims, damages

or compensation payable under the Workmen's Compensation Act, 1923 or any modification thereof

or any other law relating thereto.

34.7 The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the Engineer-

in-Charge has agreed to their cancellation.

34.8 The Contractor shall prove to the Engineer-in-Charge from time to time that he has taken out all the

insurance policies referred to above and has paid the necessary premiums for keeping the policies

alive till expiry of the Defects Liability Period.

34.9 The Contractor shall ensure that similar insurance policies are taken out by his subcontractors (if any)

and shall be responsible for any claims or losses to the Corporation resulting from their failure to

obtain adequate insurance protection in connection thereof. The contractor shall produce or cause

to be produced by his subcontractors (if any) as the case may be, the relevant policy or policies and

premium receipts as and when required by the Engineer-in-Charge.

34.10 If the Contractor and/or his subcontractors (if any) shall fail to effect and keep in force the insurance

referred to above or any other insurance which he/they may be required to effect under the terms of

the Contract then and in any such case the corporation may, without being bound to, effect and keep

in force any such insurance and pay such premium or premiums as may be necessary for that

purpose and from time to time deduct the amount so paid by the CORPORATION from any moneys

due or which may become due to the Contractor or recover the same as a debt due from the

Contractor.

OR

Contractor's liability and Insurance (To be incorporated in those contracts only in which execution of work

involves considerable risk of loss or damage)

*34-A. From commencement to completion of the Works, the Contractor shall take full responsibility for the care there of and for taking precautions to prevent loss or damage and to minimise 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 and all corporation’'s T & P from any cause whatsoever save and except the Excepted Risk and shall at his own cost repair and make good the same so that at completion, the Works and all corporations T & P shall be in good order and conditions and in conformity in every respect with the requirements of the Contract and instructions of the Engineer-in-Charge.

34-A. 1 In the event any loss or damage to the Works or any part thereof or to any T & P or to any material

or articles at the Site from any of the 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, taking to Corporation a store such

Corporation's T & P. articles and/on materials as may be directed.

b The Contractor shall, as may be directed in writing by the Engineer-in-Charge, proceed with the

erection and completion of the Works under and in accordance with the provisions and conditions of

the Contract; and

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c. These will be added to the Contract Sum, the rest amount due, ascertained in the same manner

as for deviations, or as prescribed for payment, in respect of the re-execution of the Works lost or damaged, the replacement of any T & P and of any materials and articles lost or damaged but not incorporated in the Works on the day when the loss or damage occur and the removal by the Contractor as provided above of corporation’'s T& P articles and/or materials to the Corporation's store and of debris and damaged Works referred to therein and the compensation paid by him, under any law for the time being in force, to any workman employed by him for any injury cause to him or to the workman's legal successors for loss of the workman's life.

34-A2 PROVIDED always that 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 minimise the amount of such loss or damage. ,

34-A.3 Without limiting the obligations and responsibilities under this Condition the Contractor shall insure the Works (from commencement to completion) the corporation's T & P hired by the Contractor and all materials at Site, to their full value (as to Corporation's T&P according to the value indicated in Schedule C), against the risk of loss or damage from whatever cause arising other than the Excepted Risks. The said insurance shall be in the joint names of Corporation and the Contractor and the Contractor shall deposit with the Engineer-in-Charge the said policy or policies, all money payable by the insurers under such policy or policies shall be recovered by the Corporation and shall be paid to the Contractor in installments by the Engineer-in- Charge for the purpose of rebuilding or replacement or repair of the Works and/or goods destroyed or damaged as the case may be. Provided however if the amount payable by the insurers in respect of any claim under such a policy is not in excess of the amount mentioned in Schedule A the same may be recovered by the Contractor directly from the insurers and shall be utilised by him for the purpose of rebuilding or replacement or repair of the Works and/ or goods destroyed or damaged as the case may be.

34-A4 If the contractor has a blanket insurance policy for all his works and the policy covers all the

items to be insured this Conditions, the said policy shall be assigned by the contractor in

favour of the Corporation; provided however if any amount is payable under the policy by the

insurers in respect of works other than the work under this Contact the same may be

recovered by the Contractor directly from the insurers.

34.A5 Where the Corporation building or a part thereof is rented by the Contractor he shall insure the

entire balding if the building or any art thereof is used by him or the purpose of storing or using

materials of combustible nature as to which the decision of the Engineer-in-Charge shall be

final and binding.

34.A6 The Contractor shall indemnify and keep indemnified the Corporation against all losses and

claims for injuries or damage to any person or any property whatsoever which may arise out of

or inconsequence of the construction and maintenance of the Works and against all claims,

demands, proceedings, damages, costs, charges and expenses what soever in respect of or

in relation there to, Provided always that nothing herein contained shall be deemed to render

the Contractor liable for or no respect of or to indemnify the Corporation against any

Compensation or damage caused by the Excepted Risks.

34.A-7 Before commencing execution of the work, the Contractor shall, without in any way limiting

this obligations and responsibilities under this Condition, insure against any damage, loss or

injury which may occur to any Property, (Excluding that of the Corporation but including

the Corporation's building rented by the Contractor wholly or in part and any part of which is

used by him for storing combustible materials), or to any person (including any employee of

the Corporation) by or arising out of carrying out of the Contract.

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34A-8 The Contractor shall at all times indemnify the Corporation against all claims, damages or

compensation under the provisions of Payment of Wages Act, 1936, Minimum Wages Act, 1948, Employer's Liability Act, 1938, the workman's Compensation Act, 1947, Industrial Disputes Act, 1947, and Maternity Benefit Act, 1961, or any modifications, thereof or any other Law relating thereof and rules made thereunder from time to time or as consequence of any accident or injury to any workman or other persons in or about the Works, whether in the employment of the Contractor or not, save and except where such accident or injury has resulted from any act of the CORPORATION, its agents, or servants, and also against all costs, charges and expenses of any suit, action or proceedings arising out of such accident or injury and against all sum or sums which may with the consent of the Contractor be paid to compromise or compound any such claim. Without limiting his obligations and liabilities as above provided, the Contractor shall insure against all claims, damages or compensation payable under the Workmen's Compensation Act 1923 or any modification there of or any other law relating thereto.

34A-9 The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the Engineer-in-Charge has agree to their cancellation.

34 A-10 The Contractor shall prove to the Engineer-in-Charge from time to time that he has taken out all the insurance policies referred to above and has paid the necessary premiums for keeping the policies alive till expiry of the Defects Liability Period.

34 A-11 The Contractor shall ensure that similar insurance policies are taken out by his sub-contractors (if any) and shall be responsible for any claims or losses to the Corporation resulting from their failure to obtain adequate insurance protection in connection there of. The Contractor shall produce or cause to be produced by his sub-contractors (if any) as the case may be, the relevant policy or policies and premium receipts as and when required by the Engineer-in-Charge.

34 A-12 If the Contractor and/or his sub-contractors (if any) shall fail to effect and keep in force the insurance referred to above or any other insurance which he/they may be required to effect under the terms of the Contract then and in any such case the Corporation may, without being bound to, effect and keep in force any such insurance and pay such premium or premiums, as may be necessary for that purpose and from time to time deduct the amount so paid by the Corporation from any moneys due or which may become due to the Contractor or recover the same as a debt due from the Contractor.

Facilities to other Contractors

35. The Contractor shall, in accordance with the requirements of the Engineer-in-Charge afford all reasonable facilities to other contractors engaged contemporaneously on separate contracts in connection with the Works and for departmental labour and labour of any other properly authorised authority or statutory body which may be employee at the Site on execution of any work not included in the Contract or of any contract which the Corporation may enter into in connection with or ancillary to the Works.

Notices to Local Bodies

36. 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 byelaws 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.

36.1 The contractor shall pay and indemnify the Corporation 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 byelaws of any local authority in respect of the Works.

. Subcontracts:

37. The Contractor shall not sub-contract any portion of the contract without the prior written approval of the Accepting Authority. Employment of piece rate workers shall not be deemed as sub-contracting.

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Instructions and Notices:

38. Subject as otherwise provided in this Contract, all notices to be given on behalf of the Corporation 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 time being entrusted with the functions duties and powers of the Engineer-in-Charge.

38.1 All instructions, notices and communications, etc. under the Contract shall be given in writing and if sent by registered post to the last known place of abode or business of the Contractor shall be deemed to have been served on the date when in the ordinary course of post these would have been delivered to him.

38.2 The Contractor or his Agent shall be in attendance at the Site(s) during all working hours and shall superintend the execution of the Works with such additional assistance in each trade as the Engineer-in-Charge may consider necessary. Orders given to the Contractors Agent shall be considered to have the same force as if they had been given to the Contractor himself.

38.3 The Engineer-in-Charge shall communicate or confirm 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 of such instructions by signing the relevant entries in this Book. If required by the Contractor he shall be furnished a certified true copy of such instruction(s)

Foreclosure of Contract in Full or in Part due to Abandonment or Reduction in Scope of Work

39. If at any time after acceptance of the tender the Corporation 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, the Engineer-in-Charge shall give notice in writing to that effect to the Contractor and the Contractor 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 infull but which he did not drive in consequence of the foreclosure of the whole or part of the Works.

39.1 The Contractor ^hall 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 foreclosure:

a Any expenditure incurred on preliminary site work, e.g. temporary access roads, temporary labour huts, staff quarters and site offices; storage accommodation and water storage tanks.

b. i) The Corporation shall have^he option to take over Contractors materials or any part thereof either brought to Site or of which the contractor is legally bound to accept delivery from suppliers (for In Corporation in or incidental to the work), provided. However, the Corporation 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 Corporation, cost of such materials shall, however, take into account purchase price, cost of transportation and deteriorating 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 Corporation, reasonable for 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 supplied by the Corporation are rendered surplus, the same except normal wastage shall be returned by the contractor to the Corporation 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 Corporation stores, if so required by the Corporation. : : 28 : :



d. Reasonable compensation for transfer of 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.

39.2 The Contractor shall, if required by the Engineer-in-Charge furnish to him books of account, wage books, time sheets and other relevant documents as may be necessary to enable him to certify the reasonable amount payable under this condition.

Termination of Contract for Death

40. If the Contractor is an individual or a proprietary concern and the individual or proprietor dies and if the Contractor is a partnership concern and one of the partners dies then unless the Accepting Authority 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 Accepting Authority shall be entitled to cancel the Contract as to its incompleted part without the Corporation being in any way to payment of any, compensation to the estate of the deceased Contractor and/or to the surviving partners on the Contractor's firm on account of the cancellation of the contract. The decision for the Accepting Authority that the legal representatives of the deceased contractor 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 Corporation 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.

Cancellation of Contract in Full or in Part:

If the Contractor:

a. At any time makes default in proceeding with the Works with due deligene and continues to do so after a notice in writing of 7 days 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 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 Corporation’s service or to any other person on his behalf any give 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 Corporation ; or

e. Shall enter into a contract with the Corporation 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 previously disclosed in writing to the Accepting Authority/Engineer-in-Charge; or

f. Shall obtain a Contract with the Corporation as a result of ring tendering or other non-bonaf ied methods of competitive tendering ; or

g. 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 make under any insolvency 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

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h. Being a company, shall pass a resolution or the Court shall make an order for the liquidation of

its affairs, or 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

i. Shall suffer an execution being levied on his goods and allow it to be continued for a period of 21 years; or

j. Assigns, transfers, sublets (engagement of labour on a piece work basis or of labour with materials not be incorporated in the work, shall not be deemed to be subletting) or attempts to assign, transfer or sublet the entire Works or any portion thereof without the prior written approval of the Accepting Authority;

The accepting Authority may, without prejudice to any other right to remedy which shall have occurred or shall accrue thereafter to the Corporation by written notice Cancel the contract as a whole or only such items of work in default from the Contract.

41.1 The Accepting authority shall on such Cancellation have powers to:

a. Take possession of the Site and any materials, constructional plant, implements, stores, etc., thereon; and/or

b. Carry out the incomplete work by any means at the risk and cost of the Contractor.

41.2 On Cancellation of the contract in full or in part the Accepting Authority shall determine what amount, if any, is recoverable from the contractor for Completion of 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 Corporation. In determining the amount, shall be given to the contractor for the value of the work executed by him upto the time of cancellation, the value of contractors materials taken over and incorporated in the work, and use of tackle and machinery belonging to the contracts.

41.3 Any excess expenditure incurred or to be incurred by the CORPORATION in completing the Works or part of the Works or the excess loss or damages suffered or may be suffered by the Corporation as aforesaid after allowing such credit shall be recovered from any money due to the contractor on any account, and if such Money are not sufficient the contractor shall be called upon in writing to pay the same within 30 days.

41.4 If the contractor shall fail to pay the required sum within the aforesaid period of 30 days, the Engineer-in-Charge shall have the right to sell any or all of the Contractors unused materials, constructional plant, implements, temporary buildings, etc. and apply the proceeds of sale thereof towards the satisfaction of any sums due from contractor under the Contract and if thereafter there be any balance outstanding from the Contractor, it shall be recovered in accordance with the provisions of the contract.

41.5 Any sums in excess of the amounts due to the Corporation and unsold materials unconstructional plant, etc., shall be returned to the Contractor, provided always that if cost or anticipated cost of completion by the Corporation 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 for the Works such benefit shall not accre to the Contractor.

Liability for Damage, Defects or Imperfections and Rectification thereof:

42. If the Contractor or his workman or employees shall injure or destroy any part of the building 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 if 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 it shall appear to the engineer-in-charge or his Representative at any time during construction or reconstruction 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 the contracted for, or otherwise not in accordance with the Contract, or

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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 reconstruct the work so specified in whole or in part, as the case may require or as the case may be and/or 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 the other means at the risk and expense of the contractor.

42.1 In case of repairs and maintenance works, splashes and droppings from whitewashing, printing, etc., shall be removed and surfaces cleaned simultaneously with completion of these items of work in individual rooms quarters or premises, etc., where the work is done, without waiting for completion of all other items of work in the Contract. In case the Contractor fails to comply with the requirements of this Condition, the Engineer-in-Charge shall have the right to get the work done by other means at the cost of the Contractor. Before taking such action, however, the Engineer-in-Charge shall give three days notice in Writing to the Contractor.

Urgent Works:

43. If any urgent Work (in respect whereof the decision of the Engineer-in-Charge shall be final and binding) becomes necessary and the Contractor is unable or unwilling at once to carry it out, the Engineer-in-Charge may be his own or other work people, 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 Corporation shall be recoverable from the Contractor and be adjusted or set off against any sum payable to him.

Changes in Constitution:

44. Where the Contractor is a partnership firm, prior approval in writing of the Accepting Authority 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 deem to have been assigned in contravention of Condition 41 (i) hereof the same action may be taken and the same consequences shall ensure as provided for in the said Condition 41

Training of Apprentices:

45. The Contractor shall during the currency of the Contract when called upon by the Engineer-in-Charge engage and also ensure engagement by subcontractors other employed by the Contractor in connection with the Works, such number of Apprentices in the categories mentioned in schedule A and for such periods may be 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.

Supply of Unfitered Water for Construction Purposes only:

46. a. The contractor shall draw water from the water supply main 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 inproviding 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, the same shall be chargeable at a rate to be fixed by the Engineer-in-Charge whose decision this regard shall be final and shall have to be taken through a metered connection.

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b. The National Thermal Power Corporation Ltd., do not guarantee the maintenance of uninterrupted supply of water and incase of any interruptions of such supply of water the Contractor shall be responsible for making at hi 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.

c. No claim for damages will entertained by the National Thermal Power CORPORATION Ltd. on account of interruption of water supply or limitation of quantity of waters af re said 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.

d. If will he the responsibility of the Contractor to satisfy himself that the water drawn by him is fit for construction and to adequately treat such water at his cost when it is not found fit for the said purposes.

e. Where tile 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 at least or a day's work.

Land For Contractor's Office, Store, Workshop etc.,

47. a. The Engineer-in-Charge shall at his discretion and for the duration of execution of the contract 1 make available at site, free of charge land for construction of contractor's field office, workshop, stores, magazines for explosives in isolated locations, assembling yard, etc. required for execution for the contract. Leveling and dressing of site, any construction of temporary roads, offices, workshop, etc., as per plan approved by the Engineer-in-Charge shall be done by the Contractor at his own cost.

b. On completion of 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 bills shall not be made. The Contractor shall be made liable to pay for these 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.

Power Supply:

48. a. Engineer-in-Charge will provide without charge electricity consumed at th job site at one point of the distribution system as per requirement as may be decided by the Engineer-in-Charge, Electricity furnished will be 440 volts, 3 phase, 50 cycles and 230 Volts. 1 phase 50 cycles. Each Contractor shall provide and install all necessary transformers, switch-gear, wiring, fixtures! bulbs and other temporary equipment for further distribution and utilisation of energy for power and lighting and shall remove same on completion of the work. Should, however, electricity be used in the Contractors labour/staff colony, the power so consumed shall be charged at the prevailing tariff rate of State Electricity Boad as prevalent for that area at the time of award of work, the supply may be withdrawn if the power is used for purpose other than for the work of the project and the Contractor shall not be entitled to any claim whatsoever on account of any such action taken by the Engineer-in-Charge.

b. The Contractor shall indicate in his proposal his requirements of the above facilities.

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VALUATION AND PAYMENT Records and Measurement:

49. The Engineer-in-Charge shall except as otherwise stated ascertain and determine by measurement the value in accordance with the contract work done in accordance therewith.

49.1 All items having a financial value shall be entered in Measurement Book, level book etc. prescribed by

the Corporation so that a complete record is obtained of all work performed under the Contract.

49.2 Measurements shall be taken jointly by the Engineer-in-Charge or his authorised representative and

by the Contractor or his authorised representative.

49.3 Before taking measurements of any work the Engineer-in-Charge or the person deputy by him for the purpose shall give a reasonable notice to the Contractor. If the Contractor fails to attend or send any authorised representative for measurement after aush a notice or fails to countersign or to record the objection within a week from the date of measurement, then in any such event measurements taken by the Engineer-in-Charge or by the person deputed by him shall be taken to be correct measurement for the work.

49.4 The Contractor shall without extra charge, provide assistance with every appliance labour and other

things necessary for measurements.

49.5 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 on behalf of the

Corporation 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 Accepting Authority on any such dispute or difference or interpretation shall be

final and bidding on both the parties and shall be beyond the scope of the settlement of disputes by

Arbitration in respect of all contract items, substituted items, extra items and deviations.

Methods of Measurement:

50. Except where any general or detailed description of the work in Quantities expressly shows to the contrary. Schedule for Quantities shall be deemed to have been prepared and measurements shall be taken in accordance with the procedure set forth in the Schedule of Rates/Specification not withstanding any provision in the relevant standard Method of Measurement or any general or loca! custom. In the case to items which are not covered by the Schedule of Rates/ Specifications, measurements shall be taken in accordance with the relevant standard Method of Measurement issued by the Indian Standard Institution.

Payment on Account:

51. Interim bills shall be submitted by the Contractor at intervals mentioned in Schedule A on or before the date fixed by the Engineer-in-Charge for the work executed. The Engineer-in-Charge shall then arrange to have the bill verified by taking or causing to be taken. Where necessary, the requisite measurement of the work.

51.1 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 there from the amounts already paid, the security deposit and such other amount as nay be deductible or recoverable to terms of the Contract:•

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b. 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 and have been brought to Site for Incorporated 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 perishable materials.

51.2 The advance payments under (b) above shall be adjusted as and when materials are utilised in the Works.

51.3 Payment of the Contractor's bills shall be paid by the Corporation within 21 days from the date of submission of the bill subject to the acceptance of the Engineer-in-Charge.

51.4 Any interim certificate given relating to work done or materials delivered, may be modified or corrected by any subsequent in tererim 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 materials to which it relates is are in accordance with contract.

51.5 Pending consideration of extension of date of completion interim payments shall continue to be

made as herein provided.

Time Limit for Payment of Final Bill:

52. The final bill shall be submitted by the Contractor, within three months of physical completion of the Works. 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 those items of the bill in respect of which there is on dispute and of items in dispute, for quantities and at rates as approved by Engineer-in-Charge, shall be made within the period specified hereunder, the period being reckoned from the date of receipt of the bill by the Engineer-in-Charge :

a. Contract amount not exceeding Rs. 5 lakhs Four months

b. contract amount exceeding Rs. 5 lakhs Six months.

52. After payment of the amount of the final bill payable as aforesaid has been made the Contractor may if he so desires reconsider his position in respect of the disputed portion of the final bill and if he fails to do so within 90 days his disputed claim shall be dealt with as provided in the Contract.

PRICE VARIATION 53/53A Refer special conditions of Contract sheets enclosed at the end. Loans:

54. Loans will subject to availability of funds and if required by the Contractor be given as under within

six weeks of submission of application by him subject to other conditions being fulfilled and the

Engineer-in-Charge certifying the sum to which the Contractor is entitled by way of loan:

In case of contracts valued to over Rs. 20 lakhs :

a. For plant and equipment specially acquired for the work and brought to Site at 75% of the purchase price of new machinery against production of documents in support thereof and subject to the Condition that 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 of the CORPORATION in the form required by the CORPORATION. Interest on the sum outstanding shall be levied at the percentage mentioned in Schedule 'A'.

Loan against plant and equipment shall in no case exceed 6% of the Contract sum.

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In case of contracts valued at over Rs. 20 lakhs :

b. A lumpsum advance not exceeding 4% of the Contract sum against a guarantee acceptable to the Corporation at the rate of interest mentioned in Schedule A The advance shall be utilised or the purposes of this Contract only and for no other purpose.

Provided that if a request for loan is made by the Contractor against both the aforementioned provisions of this Condition viz. (a) & (b) the total sum be given as loan shall not exceed 8% of the Contract Sum.

54.1 Recovery of the sums loaned against (a) and (b) above and of interest thereon shall be made by deduction from the on account payments referred to in Conditio 51 and as mentioned in Schedule A in suitable percentages in relation to the progress, as fixed by the Engineer-in-Charge so that all the sums loaned with Interest thereon shall be fully recovered by the time work amounting to nearly 80% of the Contract Sum Is completed. If the amount payable under any interim bill is not sufficient to cover all deductions to be made for sums loaned and other sums deductible therefrom, the balance outstanding shall be deducted from subsequent interim bill/bills, as may be necessary, failing that, as otherwise provided for in the Contract.

54.2 If for any reason, except a default of the Contractor the work under the Contract is suspended or is to be suspended for more/than 15 days, the Contractor shall be at liberty to remove the plant and equipment or any part thereof hypothecated to the Corporation under clause 54(a) above to any other Works site of the Contractor for carrying on his other Works, on his furnishing prior to such removal a bank guarantee acceptable to the Corporation for the amount of the outstanding loan granted under clause 54 (a) above with interest and undertaking to bring back to the Site, before expiry or the period of suspension, the Plant and Equipment as may be necessary for completion of the Works. If such Plant and Equipment are not brought back, the Contractor shall forthwith repay the amount of the loan outstanding with interest.

Overpayments and Underpayments:

55. Wherever any claim for the payment of a sum of money to the Corporation arises out of or under this Contract against the Contractor the same may be deducted by the Corporation from any sum then due or which at any time thereafter may become due to the Contractor under this Contract and failing that under any other Contract with the Corporation or from any other sum due to the Contractor from the Corporation which may be available with the Corporation or from his security deposit; or he shall pay the Claim on demand. -.

r- 55.1 The Corporation reserve the right to carry out post payment audit and technical examination of the

final bill Including ail supporting vouchers, abstracts, etc., the Corporation further reserve the right to enforce recovery of any overpayment when detected, not with standing the fact that the amount of the final bill nay be included by one of the parties as an item of dispute before an arbitrator appointed under Condition 56 of this Contract and notwithstanding the fact that the amount of the final bill figures in the arbitration award.

55.2 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 Corporation from the Contractor by any or all of the methods prescribed above if any underpayment is discovered, the mount shall be duly paid to the Contractor by the Corporation.

55.3 Provided that the aforesaid right of the Corporation to adjust overpayments against amounts due to the contractor under any other Contract with the Corporation shall not extended beyond the period of two years from the date of payment of the final bill or in case the final bill is a MINUS bill, from the date the amount payable by the Contractor under the MINUS final bill is communicated to the Contractor.

55.4 Any amount due to the Contractor under this Contract for underpayment may be adjusted against any amount than due or which may at any time thereafter become due before payment is made to the Contractor, from him to the Corporation on any other Contract or account whatsoever.

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ARBITRATION AND LAW Arbitration :

56. Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, design, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right,

matter or thing whatsoever in any way arising out of or relating of the contract, designs drawings,

specification estimates, instructions orders or these conditions or otherwise concerning the works or

the execution or failure to execute the same whether arising during the progress of the work or after the

completion or abandonment thereof shall be referred to the sole arbitration of the General Manager of

National Thermal Power Corporation and if the General Manager is unable or unwilling to act, to the sole arbitration of some other person appointed by the Chairman and Managing Director, National

Therman Power Corporation Ltd., willing to act as such arbitrator. There will be no objection if the

arbitrator so appointed is an employee of National Thermal Power Corporation Ltd. and that he had to

deal with the matters to which the contract relates and that in the course of his duties as such he had

expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter

is originally referred being transferred or vacating his office or being unable to act. for any reason as aforesaid at the time of such transfer, vacation of office or inability to act, Chairman and Managing

Director, National Thermal Power Corporation Ltd., shall appoint another person to act as arbitrator in

accordance with the terms or the Contract. It is also a term of this Contract that no person other than a

person appointed by C.M.D., N.T.P.C. Ltd., as aforesaid should act as arbitrator and if for any reason,

that is not possible, the matter is not to be referred to arbitrational all.

Subject as aforesaid the provision of the Arbitration Act, 1940, or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to the

arbitration proceeding under this clause.

It is a term of the contract that the party invoing arbitration shall specify the dispute or disputes to be

referred to arbitration under this clause together with the amount or amounts claimed inrespect of

each such dispute.

The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award.

The work under the Contract shall, if reasonably possible, continue during the arbitration proceedings

and no payment due or payable to the Contractor shall be withheld on account of such proceedings.

The Arbitrator shall be deemed to have entered on the reference on the date he Issues notice to both

the parties fixing the date of the first hearing. The Arbitrator shall give a separate award in respect of

each dispute or difference referred to him.

The venue of arbitration shall be such place as may be fixed by the Arbitrator in his sole discretion. The

award of the arbitrator shall be final, conclusive and binding on all parties to this contract.

The cost of arbitration shall be borne by the parties to the dispute, as may be decided by the

arbitrator(s).

In the event of disputes or difference arising between one public sector enterprise and a Govt.

Department or between two public sector enterprises the above stipulations shall not apply, the

provisions of B.P.E. office memorandum No. BPE/GL-001/76/MAN/2[110-75-BPE (GMI-1)] dated 1st January 1976 or its amendments for arbitration shall be applicable.

Laws governing the Contract:

57. This contract shall be governed by the Indian Laws for the time being in force.

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CONTRACTOR'LABOUR REGULATIONS (See condition 16)

1. Definition : in these regulations, unless otherwise expressed or indicated, the following words and

expression shall have the meaning hereby assigned to them:

a "Labour" means workers employed by a contractor directly, or indirectly through a sub-contractor, or

by an agent on his behalf on a payment not exceeding Rs.1 OOO/- per month.

b. "Fair Wage" means wages, which shall Include wages for weekly day of rest and other allowances,

whether for time or piece work, after taking into Considered prevailing market rates for similar

employments in the neighborhood but shall not be less than the minimum rates of wages fixed

under the payment of Minimum Wages Act.

c. "Contractor" for the purpose of these regulations shall include an agent or sub-contractor employing

labour on the work taken on contract.

d. "Inspecting Officer" means any Labour Enforcement Officer, or Assistant Labour Commissioner of

the Chief Labour Commissioner's Organisation.

e. "Form" means a form appended to these Regulations.

2. Notice of commencement: The Contractor shall within SEVEN days of commencer of the work,

furnish in writing to the Inspecting Officer of the area concerned the following information :

a Name and situation of the work.

b. Contractors' name and address,

c. Particulars of the Department for which the work is undertaken

d. Name and address of sub-contractors as and when they are appointed.

e. Commencement and probable duration of the work.

f. Number of workers employed and likely to be employed.

g. 'Fair wages' for different categories of workers.

3. i. Number of hours of work which shall constitute a normal working day : - The number of hours which

shall constitute a normal working day for an adult shall be NINE hours.The working day of an adult

worker shall be so arranged that inclusive of intervals, if any, for rest it shall not spread over more

than twelve hours on any day, when an adult worker is made to work for more than nine hours on

any day or for more than FORTY EIGHT hours in any week he shall, in respect of overtime work, be

paid wages at double the ordinary rate of wages.

ii. Weekly day of rest Every worker shall be given a weekly day of rest which shall be fixed and notified

at least TEN days in advance. A worker shall not be required or allowed to work on the weekly rest

day unless he has or will have a substituted rest day, on one of the five days immediately before or

after the rest day. Provided that no substitution shall be made which will result in the worker working

for more than ten days consecutively without a rest day for a whole day.

where in accordance with the foregoing provisions a worker works on the rest day and has been

given a substituted rest day he shall be paid wages for the work done on the weekly rest day at the

overtime rate of wages.

NOTE : The expression ordinary rate of wages means the fair wage the worker is entitled to.

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4. Display of notice regarding Wages, Weekly Day of Rest etc.: The Contractor shall before he

commences his work on contract, display and correctly maintain and continue to display and

correctly maintain in a clean and legible condition inconspicuous places on the works notice in

English and in the local Indian Language, spoken by majority of workers, giving... the rate of fair

wages, the hours of work for which such wages are payable, the weekly rest days workers are entitled

to and name and address of the Inspecting Officer. The contractor shall send a copy each of such

notices to the Inspecting Officers..

5. Fixation of Stage Periods : The Contractor shall fix wage periods in respect of which wages shall be

payable. No wage period shall normally exceed one week.

6. Payment of Wages : (i) Wages due to ever worker shall be paid to him direct. All wages shall be

paid in current coins or currency or in both.

ii. Wages of every worker employed on the contract shall be paid where the wage period is one week,

within THREE days from the end of the Wage period, and in any other case before the expiry of the

7th day or 10th day from the end of the wage period according as the number of workers does not

exceed 1 ,000 or exceeds 1 ,000.

iii. When employment of any worker is terminated by or on behalf of the contractor, the wages earned

by him shall be paid before expiry of the day succeeding the one on Which his employment is

terminated. ,

iv. Payment of wages shall be made at the work site on a working day except when the work is

completed before expiry of the wage period, in which case final payment shall be made at the work site

within 48 hours of the last working day and during normal time.

NOTE : The term "working day" means a day on which the work on which labour is employed is in

progress.

7. Register of Workmen : A register of workmen shall be maintained in the form appended to these

regulations and kept at the work site or as near to it as possible and the relevant particulars of every

workman shall be entered therein within THREE day of his employment.

8. Employment Card The contractor shall issue an employment card in the Form appended to these

regulations to each worker on the day of work or entry into his employment. If a worker already has

any such card with him issued by the previous employer the contractor shall merely endorse that

Employment Card with relevant entries. On termination of employment the Employment Card Shall

again be endorsed by the Contractor and returned to the worker.

9. Register of Wages etc. : (i) A register of Wages-Cum-Muster Roll in the Form appended to these

regulations shall be maintained and kept at the work site or as near to it as possible.

ii. A wage slip intile Form appended to these regulations shall be issued to every worker employed by

tile Contractor at least a day prior to disbursement of wages.

10. Fines and deductions which may be made from Wages :

i. Wages of a worker shall b paid to him without any deductions of any kind except the following : a. fines ;

b. Deductions for absence from duty; i.e. from the place of his employment he is required to work. The amount of deductions shall be in proportion to the period for which he was absent;

: : 38 : :



c. deduction for damage to or loss of goods expressly entrusted to the employed person for custody, or for loss of money which he is required to account for where such damage or loss is directly attributable to his neglect or default;

d. deductions for recovery of advances or for adjustment of overpayment of wages advance granted shall be entered in a register; and

e. any other deduction which the Corporation may from time to time allows.

ii. No fines shall be imposed on any worker say in respect of such acts and omissions on his part as have been approved by the Chief Labour Commissioner.

iii. No fine shall be imposed on a worker and no deductions for damage or loss shall be made from his wages until the worker has been given and opportunity of showing cause against such fines or deductions.

iv. The total amount of fines which may be imposed in any one wage period on a worker shall not exceed an amount equal to three paise in a rupee of the wages payable to him in respect of that wage period.

v. No fine imposed on a worker shall be recovered from him in installments, or after expiry of sixty days from the date on which it was impose. Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed.

vi. The contractor shall maintain both in English and the local Indian language a list approved by the Chief Labour Commissioner, dearly stating the acts and omissions for which penalty or fine may be imposed on a workman and display it in good condition in a conspicious place on the work site.

vii. The Contractor shall maintain a register of fines and the register of deductions for damages or loss in the Forms appended to these regulations which should be kept at the place of work.

11. Register of Accidents :The Contractor shall maintain a register of accidents in such form as may be convenient at the work place but the same shall include the following particulars :

a Full particulars of the labourers who met with accident,

b. Rate of Wages,

c. Sex

d Age

e. Nature of accident and cause of accident,

f. Time and date of accident,

g. Date and time when admitted in hospital,

h. Date of discharge from the hospital,

i. Period of treatment and result of treatment.

j. Percentage of loss of earning capacity and disability as assessed by medical officer,

k Claim required to be aid under Workmen's Compensation Act.

I. Date of payment of compensation.

m. Amount paid with details of the person to whom the same was paid,

n. Authority by whom the compensation was assessed,

o Remarks.

12. Preservation of Registers : The Register of workmen and the Register of Wages-cum-Muster Roll required to be maintained under these Regulations shall be press 3 years after the date on which the last entry is made therein.

: : 39 : :



13. Enforcement: The Inspecting Officer shall either on his own motion or on a received by him carry out

investigations, and send a report to the Engineer-in-charge specifying the amounts representing

Workers dues and amount of penalty to be imposed on the Contractor for breach of these

Regulations, that have to be recovered from the Contractor, indicating full details of the recoveries

proposed and the therefor. It shall be obligatory on the part of the Engineer-in-Charge on received of

such a report to deduct such amounts from payments due to the Contractor.

14. Disposal of amounts recovered from the Contractor. The Engineer-in-Charge arrange payment to

worker concerned within FORTY FIVE days from received of a report from the Inspecting officer

except in cases where the Contractor had made an appeal under Regulation 16 of these

Regulations. In cases where there is an appeal, payment of workers dues would be arranged by the

Engineer-in wherever such payments arise, within THIRTY days form the date of receipt of the

decision of the Regional labour Commissioner (R.LC.)

15. Welfare Fund : All moneys that are recovered by the Engineer-in-Charge by way of workers dues which could bot be disbursed to workers within the time limit prescribe above, due to reasons such

as whereabouts of workers not being known, death of a workers, etc. and also amounts recovered

as penalty, shall be credited to a Fund to be kept under the custody of the Corporation for such

benefit and welfare of workmen employed by Contractors.

16. Appeal against decision of Inspecting Officer :Any person aggrieved by a decision of the Inspecting

Officer may appeal against such decision to the Regional Labour Commissioner concerned within

THIRTY days form the date of the decision, forwarding simultaneously a copy of hi? appeal to the

Engineer-in-Charge. The decision of the Regional Labour Commissioner shall be final and binding

upon the contractor and the workmen.

17. Representation of parties :

i. A workman shall be entitled to be represented in any investigation or enquiry under these Regulations by an officer of a registered trade union of which he is a member or by an officer of a Federation of Trade Unions to which the said trade union is affiliated or where the workman is not a member of any registered trade union, by an officer of a registered trade union, connected with, or by any other workman employed in, the industry in which the worker is employed.

ii. A contractor shall be entitled to be represented in any investigation or enquiry under these

Regulations by an officer of an association of contractors of which he is a member or by an officer

of a Federation of associations of contractors to which the said association is affiliated or where the

contractor is not a member of any association of contractors, by an officer of association of employers,

connected with, or by any other employer engaged in, the industry in which the contractor is

engaged.

iii. No party shall be entitled to be represented by a legal practitioner in any investigation or enquiry

under these Regulations.

18. Inspection of Books and other Documents: The Contractor shall allow inspection of the Registers and

other documents prescribed under these Regulations by Inspecting of officers and the Engineer-in-

Charge or is authorised representative at any time and by the worker or his agent on receipt of due

notice at a conc \ venient time.

19. Interpretation etc. on any question as to the application interpretation or effect of these Regulations, the

decision of the Chief Labour Commissioner or Deputy Chief Labour Commissioner (Central) shall be

final and binding.

20. Amendments : Central Government may, from time to time, add to or amend these Regulation and

issue such directions as it may consider necessary for the proper implementation of these

Regulations or for the purpose of removing any difficulty which may arise in the administration

thereof. : : 40 : :



REGISTER OF WORKMEN

i. Name and address of the contractor

ii. Number and date of Contract

iii Name and address of the Department awarding the contract

iv Nature of the Contract and location of the work

v. Duration fo the Contract

SI. No.Name and

Age

Father's/

Nature of

Permanent/

Present

Date of

Date of

Signature

Surname of & Husband's Employment Home Address Commence- termination or thumb Remarks the workers Sex name Designation of Employee ment of leaving of impression (Village, Dist. employ- employ- of the

Thana)

ment

ment

employment

1 2 3 4 5 6 7 8 9 10 11

: : 41: :



Particulars of next of kin (wife/husband and children, if any, or of dependent next of kin in case the worker has no

wife/husband or child)

Name _______________________________________________________

Full Address of Dependents

(Specify Villaae. Dist. and State) _______________________________________________________

SI.

Name & Address

Particulars

Total

Actual

Leave

Nature

Wage Wage

Total Remarks

Signature No. of employer of location period number taken of work period rate wages of the

(Specify whether of work for of days (No. of done by with earned employer a contractor or site and which worked days the particulars -by the a sub-contractor descriptio the should worker of unit worker of work worker is be spe- in case during done employed cified) "of piece the (from.. work-1 period shown under

col.5

1

2

3

4

5

6

7

8 9

10 11

12

N.B.: For a worker employed at one time on piece work basis and at another on daily wages, relevant entries in respect of each type of employment should be made separately.

EMPLOYMENT CART

i.

ii.

iii

I

V

Name and Sex of the Worker

Father's / Husband's Name

Address

Age or Date of Birth

Identification marks

: : 42 : :



REGISTER OF FINES

(Regulation No. 10 (viii)

• • ft

SI. No. Name Father's/ Sex Depart- Nature husband's name ment and date of the offence for which fine imposed

Whether Rate workman of showed wages cause against fine or no. if so enter date

Date & Amount of fine imposed

Date Remarks on which fine realised

1 2 3 4 5 6

7 8

9

10 11

: : 43 : :



REGISTER OF DEDUCTIONS FOR DAMAGES OR LOSS CAUSED TO THE CORPORATION BY THE NEGLECT OR DEFAULT OF THE EMPLOYED PERSONS

(Regulation No. 10 (vii)) SI. No. Name Father's/ Sex Depart- Damage husband's ment of loss caused with date

Whether worker cause against fine or no. if so enter date

Date & Number of amount instalment of if any deduction Imposed

Date on Remarks which total amount realised

1 2 3 4 5 6

7 8 9

10 11

: : 44 : :



WAGE

(Regulation 9)

i. Name of the

Contractor________________________________________________________________________

ii.

Place_____________________________________________________________________________________

_

_________________________________________________________________________________________

___

1. Name of the Workers with father's/husband's Name

2. Nature of Employment

3. Wage Period

4. Rate of Wages Payable

5. Total attendance/Unit of work done

6. Dates on which overtime worked

7. Overtime Wages

8. Gross Wages Payable

9. Total Deductions (indicating nature of deductions)

10. Net Wages Payable.

Contractor's Signature/ Employees' Signature/

Thumb Impression Thumb Impression

: :45 : :



MODEL RULES FOR LABOUR WELFARE (See Condition 16)

1. Definitions: (a) Workplace means a place at which, on an average, twenty or more workers are employed.

b. Large Workplace means a place at which, on an average, 500 or more workers are employed.

2. First Aid : At every work place, there shall be maintained in a readily accessible place first aid appliances including an adequate supply of sterilized dressings and sterilized cotton wool as prescribed in the Factory Rules of the State in which the work is carried on.The appliances shall be kept in good order and in large work-places, they shall be placed under the charge of a responsible person who shall be readily available during working hours.

At large workplaces, where hospital facilities are not available within easy distance of the Works First Aid Posts shall be established and be run by a trained Compounder.

Where large workplaces are remotely situated and far away from regular hospitals, an indoor ward shall be provided with one bed for every 250 employees.

Where large workplaces are situated in cities, towns in their suburbs and no beds are considered necessary owing to proximity of city or town hospitals, suitable transport shall be provided to facilitate removal of urgent cases to these hospitals. At other work places, some conveyance facilities shall be kept readily available to take injured person or persons suddenly taken seriously ill, to the nearest hospital.

At large workplaces there shall be provided and maintained an ambulance room of the prescribed sizes, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed. For this purpose the relevant provisions of the Factory Rules of the State Government of the area where the work is Carried on may be taken as the prescribed standard.

3. Accommodation for Labour: The Contractor shall during the progress of the Works provided erect and maintain necessary temporary living accommodation and ancillary facilities for labour at his own expense and to standards and scales as approved by the Engineer-in-Charge,

4. Drinking Water: in every workplace, there shall be provided and maintained at suitable places, easily accessible to labour, a sufficient supply of cold water fit for drinking.

Where drinking water is obtained from an intermittent public water supply each workplace shall be provided with storage where drinking water shall be soared.

Every water supply storage shall be at a distance of not less than 15 meters from any latrine, drain or other source of pollution. Where water has to be drawn from an existing well, which is within such proximity of latrine, drain or any other source of pollution, the well shall be properly chlorinated before water is drawn from it for drinking, all such wells shall be entirely closed in and be provided with a trapdoor which shall be dust and waterproof.

A reliable pump shall be fitted to each covered well, the trap door shall be kept locked and opened only for cleaning or inspection Which shall be done at least once a month.

5. Washing and Bathing Places, Adequate washing and bathing places shall be provided separately for man and women, such places shall be kept in clean and drained condition.

6. Scale of Accommodation in Latrines and Urinals;There shall be provided within the precincts of every workplace latrines and urinals in an accessible place, and the accommodation, separately for each of these, shall not be less than at the following scales:

No. of seats a Where number of persons 2

does not exceed 50

b. Where number of persons exceeds 50 but not exceed 100 3 c. For additional persons per 100 or part thereof. 3

: : 46 : :



In particular cases, the Engineer-in-Charge shall have the power to increase the requirement, where necessary.

Latrines and urinals; Except in workplaces provided with water flushed latrines connected with a water borne sewage system, all latrines shall be provided with receptacles on dry-earth system which shall be cleaned at least four times daily and a least twice working hours and strictly sanitary condition. Receptacles shall be tarred inside and outside at least once a year.

If women are employed, separate latrine and urinals, screened from those for men and marked in the vernacular in conspicuous letter 'For women only" shall be provided on the scale laid down in rule 6. Those for men shall be similarly marked "For Men Only" A poster showing the figure of a man and of a woman shall also be exhibited at the entrance to latrines for each sex. There shall be adequate supply of water close to latrines and urinals.

8. Construction of Latrines : Inside walls shall be constructed of masonry or other non-absorbent material and shall be cement washed inside and outside at least once a year. The dates of cement washing shall be noted in a register maintained for the purpose and kept available for Inspection. Latrines shall have at least thatched roof.

9. Disposal of Excreta: Unless otherwise arranged for by the local sanitary authority, arrangement for proper disposal of excreta by incineration at the workplace shall be made by means of a suitable incinerator approved by the local medical, health and municipal or cantonment authorities. Alternatively excreta may be disposed Off by putting a layer of night soils at the Bottom of pucca tank prepared for the purpose and covering it with a 15 cm layer of waste or refuse and then covering it with a layer of earth for a fortnight (when it will turn into manure).

The Contractor shall, at his own expense carry out all instructions issued to him by the Engineer-in-Charge to effect proper disposal of soil and Other conservancy work in respect of contractor's work-people or employees on the site, the Contractor shall be responsible for payment of any charges which may be levied by municipal or cantonment authority for execution of such work on his behalf.

10. Provision of Shelters during rest: At every workplace there shall be provided, free of cost, four suitable sheds, two for meals and two other for rest, separately for use of men and women labour. Height of each shelter shall not be less than 3 meters from floor-level to lowest part of roof. Sheds shall be kept clean and the space provided shall be on the basis of at least 0.5 sq. m per head.

11. Creches: At a place at which 20 or more women workers are ordinarily employed, there shall be provided at least one hut for use of children under the age of 6 years belonging to such-women. Huts shall not be constructed to a standard lower than that of thatched roof mud floor and wall with wooden planks spread over mud floor and covered with matting.

Hurs shall be provided with suitable and sufficient openings, for light and ventilation. There shall be adequate provision of sweepers to keep the places clean. Thee shall be two dais in attendance. Sanitary utensils shall be provided to the satisfaction of local medical health and municipal or cantonment authorities. Use of huts shall be restricted to children their attendants and mothers of children.

Where the number of women workers is more than 25 but less than 50, the Contractor shall provide at least one hut and one Dai lo look after children of women workers.

Size of creche(s) shall vary according to the number of woman workers employed.

Size of creche(s) shall be properly maintained and necessary equipment like toys, etc. provided.

12. Canteen : A cooked food canteen on a moderate scale shall be provided for the benefit of workers wherever it is considered necessary.

: : 47 : :



13. Planning, setting and erection of the above mentioned structures shall be approved by the Engineer-in-Charge, and the whole of such temporary accommodation shall at all times during the progress of the works be kept tidy ad in a clean and sanitary condition to the satisfaction of the Engineer-in-Charge and at the Contractor's expense. The contractor shall conform generally to sanitary requirements of local medical, health and municipal or cantonment authorities and at all times adopt such precautions as may be necessary to prevent soil pollution of the Site.

On completion of the Works the whole of such temporary structures shall be cleared away, all rubbish burnt, excreta or other disposal pits or trenches filled in and effectively sealed off and the whole of site left clean and tidy to the entire satisfaction of the Engineer-in-Charge and at the Contractor's expenses.

14. Anti-material precautions :The Contractor shall, at his own expense, conform to all antimalaria instructions given to him by the Engineer-in-Charge, including filling up any borrow pits which may have been dug by him.

15. Enforcement: The Inspecting Officer mentioned in the Contractors Labour Regulations or any other officer noinated in his behalf by the Engineer-in-Charge shall report to the Engineer-in-Charge all cases of failure o the part of the Contractor and or his subcontractors to comply with the provisions of these Rules either wholly or in part and the Engineer-in-Charge shall impose such fines and other penalties as are prescribed in the conditions.

16. Interpretations etc: on any question as to the application Interpretation or effect of these Rules, the decision f the Chief Labour Commissioner or Deputy Chief Labour Commissioner (Central) shall be final and binding.

17. Amendments: Government may, from time to time, add to or amend these Rules and Issue such directions as it may consider necessary for the proper Implementation of these Rules or for the purpose of removing any difficulty which may arise in the administration thereof.

SAFETY CODE (See condition 16)

1. Suitable scaffolds shall be provided for workmen for all work that cannot safely be done from the ground, or From solid construction except such short period work as can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged for holding the ladder and if the ladder is used for carrying materials as well, suitable footholds and hand-holds shall be provided on the ladder and the ladder shall be given an inclination not steeper than 1/4 to 1 (17 4 horizontal and 1 Vertical).

2. Scaffolding or staging more than 3.25 meters above the ground or floor, swing or suspended from an overhead support or erected with stationery support, shall have a guard rail properly attached, bolted, breaced and otherwise secured at least meter high above the floor or platform of such scaffolding or staging and extending along the entire length of the outside and ends thereof with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.

3. Working platform, gangways, and stairways shall be so constructed that they do not sag unduly or unequally, and if a height of a platform or gangway or stairway is more than 3.25 meters above ground level or floor level, it shall be closely boarded, have adequate width and be suitably fenced as described in 2 above.

4. Every opening in floor of a building or in a working platform shall be provided with suitable means to prevent fall of persons or materials by providing suitable fencing or railing with minimum height of

1 meter. : : 48 : :



5. Safe means of access shall be provided to all working platforms and other working places. (Every ladder

shall be securely fixed. No portable single ladder shall be over 9 meters in length. Width between side

rails in a rung ladder shall in no case be less than 30 cm for, ladders upto and including 3 meters in

length. For longer ladders this width shall be increased at least 6 mm. for each additional 30 cm. of

length. Uniform step spacing shall not exceeding 30 cm.

Adequate precautions shall be taken to prevent danger from electrical equipment. No materials on any of

the sites shall be so stacked or placed as to cause danger of inconvenience to any person or the public.

The Contractor shall provide all necessary fencing and lights to protect public from accidents and shall

be bound to bear expenses of defence of every suit action or other proceedings at law that may be

brought by any person for injury sustained owing to neglect of the above precautions and to pay any

damages and costs which may be awarded in any such suit, section or proceedings to any such person or

which may with the consent of the Contractor be paid to compromise any claim by any such person.

6. Excavation and Trenching : All trenches, 1.5 meters or more in depth, shall at all ti be supplied with at

least one ladder for each 20 meters in length or fraction thereof Ladder shall be extended from bottom of

trench to at least 1 meter above surface of the ground. Sides of a trench which i 1.5 meters or more in

depth shall be stepped back to give suitable, slope or securely held by timber bracing so as to avoid the

danger of sides collapsing Excavated material shall not be placed within 1.5 meters of edge of trench or

half of depth trench, whichever is more Cutting shall be done from top to bottom. Under no circumstances

shall undermining or undercutting be done.

7. Demolition : Before any demolition work is commenced and also during the proses the work: a. All roads

and open areas adjacent to the work site shall either be closed or suitable protected;

b. No electric cable or apparatus which is liable to be a source of danger over a cable or apparatus used by

operator shall remain electrically charged;

c. All practical steps shall be taken to prevent danger to persons employed, from risk or fire or explosion, or

flooding. No floor, roof or other part of building shall be so over-loaded with debris or materials as to

render it unsafe.

8. All necessary personal safety equipment as considered adequate by the Engineer-in-Charge shall be

available for use of persons employed on the Site and maintained in a condition suitable for immediate use

and the Contractor shall take adequate steps to ensure pro use of equipment by those concerned.

a Workers employed on mixing asphaltic materials cement and lime mortars/concrete shall be provided

with protective footwear and protective goggles.

b. Those engaged in handling any material which is injurious to eyes shall be prove with protective goggles

c. Those engaged in welding works shall be provided with welder's protective eye shields.

d. Stone breakers shall be provided with protective goggles and protective cloth and seated at sufficiently

safe intervals.

e. When workers are employed in sewers and manholes, which are in use the Contract shall ensure that

manhole covers are opened and manholes are ventilated at least for an hour before workers are allowed to

get Into them. Manholes so opened shall be cordoned off with suitable railing and provided with warning

signals or boards to prevent accident to public.

f. The Contractor shall not employee men below the age of 18 and women on the work of painting with

products containing lead in any form. Whenever men above the age of 18 are employed on the work of

leading painting, the following precautions shall be taken.

i. No paint containing lead or lead products shall be used except in the form of paste or ready made paint.

: : 49 : :



ii. Suitable face masks shall be supplied for use by workers when paint is applied in the form of spray or a surface having lead paint dry rubbed and scrapped.

iii. Overalls shall be supplied by the Contractor workmen and adequate facilities shall be provided to enable working painters to wash during and on cessation of work.

9. When work is done nearer any place where there is risk of drowning, all necessary equipment shall be provided and kept ready for use and all necessary steps taken for prompt rescue of any person in danger and adequate provision made for prompt first and treatment of all injuries likely to be sustained during the course of the work.

10. Use of hoisting machines and tackle including their attachments, anchorage and supports shall conform to the following :

a. i. These shall be of good mechanical construction, sound material and adequate strength and free from patent defect and shall be kept in good working order and properly maintained.

ii. Every rope used in hoisting or lowering materials or as a means of suspension shall be of durable quality and adequate strength, and free from patent defects.

b. Every crane driver or hoisting appliance operator shall be properly qualified and no person under the age of 21 years shall be in charge of any hoisting machine including any scaffold or give signals to operator.

c. In case of every hoisting machine and of every chain ring hook, shackle swivel and pulley block used in hoisting or lowering or as means of suspension, safe working lead shall be ascertained by adequate means. Every hoisting machine and all gear referred !to above shall be painly marked with safe working load. In case of a hoisting machine a variable safe working load, each safe working load and the conditions under which it is applicable shall be clearly indicated. No part of any machine or of any geared referred to above in the paragraph shall be loaded beyond safe working load except for the purpose of testing.

d. In case of Corporation's machine, safe working load shall be notified by the Engineer-in-Charge. As regards Contractor's machines the Contractor shall notify safe working load of each machine to Engineer-in-Charge whenever he brings it to Site of work and get it verified by the Engineer-in-Charge.

11. Motor gearing, transmission, electric wiring and other dangerous parts of hoisting appliance shall be provided with efficient safeguards; hoisting appliances shall be provided with such means as will reduce to the minimum risk of accidental descent of load. Adequate precautions shall be taken to reduce to the minimum risk of any part of a suspended load becoming accidentally displaced. When workers are employed on electrical installations which are already energised, insulating mats, working appeared such as gloves, sleeves and boots, as may be necessary, shall be provided. Workers shall not wear any rings, watches and carry keys or other materials which are good conductors of electricity.

12. All scaffolds, ladders and other safety devices mentioned or described herein shall be maintained in a safe condition and no scaffold, ladder or equipment shall be altered or removed while it is in use. adequate washing facilities shall be provided at or near places of work.

13. These safety provisions shall be brought to the notice of all concerned by display on a notice board at a prominent place a the workspot. Persons responsible for ensuring compliance with the Safety Code shall be named therein by the Contractor.

14. To ensure effective enforcement for the rules and regulations relating to safety precautions, arrangements made by the Contractor shall be open to inspection by the Engineer-in-Charge or his representatives and the Inspecting Officers as defined in the Contractor's Labour Regulation.

15. Notwithstanding the above conditions 1 to 14, the Contractor is not exempted from the operation of any other Act or Rule in force.

: : 50 : :



TENDER

To

National Thermal Power Corporation Ltd.

(Talcher Thermal Power Project)

(Hereinafter referred to as the Corporation)

I/We have ready and examined the following documents relating

to_______________________________

(Name of the works)

a. Notice inviting tender,

b. Schedules A, B, C, D and F.

c. Technical Specifications

d. Drawings

e. General Conditions of Contract including Contractors, Labour Regulations, Model Rules for Labour

Welfare and Safety Code appended to these conditions together with the amendments thereto Nos. 1

to .................................................... if any.

f. Special Conditions.

g. Delhi-CPWD-DsR-1985, Schedule of Rates (referred to in the General Conditions of Contract as

Schedule of Rates) together with Amendment Nos. 1 to ...............

I/We hereby tender for execution of the works referred to in the aforesaid documents upon the terms

and conditions contained or referred to therein and in accordance in all respects with the

specifications, designs, drawings and other relevant details at the rates contained in Schedule 'F' and

with in the period(s) of completion as stipulated in Schedule 'A'.

In consideration of I/We being invited to tender, I/We agree to keep the tender open for acceptance

for................... days from the due date of submission thereof and not to make any modifications

in its terms and conditions which are not acceptable to the Corporation.

: : 51 : :



A sum of Rs..................... is hereby forwarded in Cash/Demand Draft payable at New Delhi/

Deposit at Call Receipt of State Bank of India ora Nationalised Bank or any Scheduled Bank as

earnest money. If I/We fail to keep the tender open as aforesaid or make any modifications in the

terms and Conditions of the tender which are not acceptable to the Corporation, I/We agree that the

Corporation Shall, without prejudice to any other right or remedy, be at liberty to forfeit the said

earnest money absolutely. Should this tender be accepted, I/We hereby agree to abide by and

fulfill all the terms, conditions and provisions of the aforesaid documents.

If, alter the tender is accepted, I/We fail to commence the execution of the works as provided in

the Conditions, I/We agree that the Corporation shall without prejudice to any other right or

remedy be at liberty to forfeit the said earnest money absolutely.

Signature in the capacity of.....................................

Duly authorised to sign the tender on behalf of the

(in block capitals).....................................................

Dated.......................................................................

Postal Address ........................................................

Telegraphic Address...............................................

Telephone No. .........................................................

Witness.........................................................

Date .........................................................

Address.........................................................

: : 52 : :



REFERENCE TO GENERAL CONDITIONS OF CONTRACT

Condition No.

3b. Accepting Authority E.D.(RI)/GM(P)

3i Market Rate-percentage addition to

cover overheads and profit

91 Earnest money Security deposit

S.No Estimate Cost of Civil Works Pkg. EMD as % age of Estimated Cost 1

Up to & including Rs. 500 lakhs More than Rs. 500 lakhs

2%

1% subject to a minimum of Rs. 10 lakhs

c. Security Deposit shall be calculated as under.

S.No Contrast Value of Civil works Pkg Security Deposit as % age of Contact Value

1 2 3

Up to & including Rs. 2 lakhs

More than Rs. 2 lakhs but not

exceeding Rs. 20 lakhs

More than Rs. 20 lakhs

10%

7.5 % subject I o a minimum of Rs. 20,0007-

5% Subject to a minimum of Rs. 1.5 lakhs

10.iii Schedule of Rates applicable.

10. iv DEVIATION LIMIT FOR ITEMS OF WORK OTHER

THAN THOSE BELOW GROUND SURFACE

10.viA a. Permissible deviation limit for any contract

item, substituted item or contract-cum-

substituted item in excess of the original

value of item.

10. vi. b. Permissible deviation limit for items of work not

already included in the Contract.

SCHEDULE'A'

15 percent

CPWD-DSR-2007

20 percent

20 percent

: : 53 : :



DEVIATION LIMIT FOR ITEM OF WORK

BELOW GROUND SURFACE.

10. vi B. Permissible deviation limit for an individual trade item.

12. Suspension of work.

b. ii. Percentage payable to cover Contractor's indirect expenses for suspension exceeding thirty days and not exceeding 3 months. Percentage payable to cover Contractor's

indirect expenses for suspension exceeding 3 months

Time allowed for execution of work or Time Schedule.

Authority competent to decide if "any other cause" of delay is beyond Contractor's control Distribution return of number and description

by trades of workmen employed on

Works to be submitted to Engineer-in-Charge.

Authority competent to reduce compensation amount.

Defects Liability Periods

Training of apprentices.

etc.

51 . Interim bills.

54. Loans

a Interest per annum on sum advanced for

purchase of plant & Equipment

b. Ditto-as lumpsum advance Recovery of Loans to be effected.

56. Authority for appointing arbitrator

Monthly

12 % (twelve percent)

12% (twelve percent) monthly

Chairman & Mg. Director. NTPC Ltd.,

100 percent

5 percent

5 percent

c. 13.

13h. 16.

32.

33.

45.

………... months

GM (………….)

FORTNIGHTLY

C.M.D., NTPC LTD.,

As per NIT

Maximum number to be engaged, as per the apprentice Act, 1961

Category

(a)

(b)

(c)

: : 54 : :



SCHEDULE 'B'

MATERIAL FOR ISSUE TO THE CONTRACTOR

(See Condition 15)

SI. No. Particulars

Rate at which material will be issued Quantity Place of

Unit Rs. Issue

1 2

3 4 5 6

1 . Cement

MT Project stores

or nearest

Railhead

2. Reinforcing Steel

(a) Mild Steel

upto12mm dia

(Rounds

MT Project

or nearest

Railhead

(b) Mild Steel

above 12 mm

dia (Rounds)

MT Project stores

or nearest

Railhead

(c) Tor Steel

of all dia

Railhead

MT Project stores

or nearest

3. Structural

Steel (Plates and

rolled sections only)

MT Project stores

or nearest

Railhead

Signature of issuing Officer.

......................... Signature of Contractor............................

Date :........ ....................

Date : ............................

: : 55 : :



TOOLS AND PLANTTO BE HIRED TO THE CONTRACTOR

(See Conditions 14 & 34 A)

Tools and Plants are not expected to be hired out to the Contractor, if, however, any tools and

plants are available at the time of performing the work the same may be hired out at rates to be

decided by the Engineer-in-Charge.The CORPORATION reserves the right not to hire out any

T&P or withdraw at any time such T&P hired out.

Signature of issuing Officer… Signature of Contractor..

SCHEDULE 'C'

SI. Particulars

No Number

available Frequency Value Place Number

of per of Req. by Maintenance unit Issue the

Hire Charges

per unit

per work-

ing day Rs.

6**

Date: Date:

: : 56 : :

1 2 3 4 5 7 8*



PROFORMA BANK GUARANTEE IN LIEU OF CASH DEPOSIT

(On Non-Judicial Stamp Paper of appropriate value)

Ref.:................................. Date:.................................

Bank Guarantee No.:.................................

To

National Thermal Power Corporation Ltd.,

Talcher Thermal Power Project

P.O. Paravada - 53-1 021

Dt. Visakhapatnam (A.P.)

Dear Sir,

In consideration of National Thermal Power Corporation Ltd., having its Registered Office at NTPC

Bhawan, Scope Complex, 7, Institutional area, Lodhi Road, New Delhi-110 003 (hereinafter called the

"Owner" which expression shall unless repugnant to the subject or context include its successors and

assigns) having issued Notice Inviting Tender under the Specification No..................................

M/s......................................................................................................................................................^

having its Registered/Head Office at.....................................................(hereinafter called the "Tenderer")

who wishes to participate in the said tender for................................................ and you, as a special

favour, have agreed to accept an irrevocable and unconditional Bank Bid Guarantee for an amount of

Rs................................. valid upto .......................................... on behalf of the tenderer in lieu of Cash

Deposit required to be made by the tenderer, as a condition precendent for participation in the said tender.

We, the ...................................................bank incorporated under..................................................law and

having one of our branches at.................................:.................. and having our Registered Office/Head

Office at..............................................................................................................................

(ADDRESS)

do hereby unconditionally and irrevocably guarantee and undertake to pay to the "Owner" immediately on

demand without any demur reservation, protest, contest and recourse to the extent of the said sum of

Rs.................................... (Rupees........................................................................................................

........................................................................only).

Any such claim/demand made by the said "Owner" on us shall be inclusive and binding on us irrespective of

any dispute or differences raised by the tenderer. : : 57 : :



This guarantee shall be irrevocable and shall remain valid upto......................................if any further

extension of this guarantee is required, the same shall be extended to such required period on receiving

instructions from M/s..............................................................................................on whose behalf this

guarantee is issued.

We, the said Bank lastly undertake not to revoke this guarantee during its currency except with the previous

consent of the owner in writing and agree that any change in the constitution of the said tenderer or the said

Bank shall not discharge out liability hereunder.

In witness whereof the Bank, through its authorised officer, has set its hand and stamp on

this......................................dayof......................................20......................................

(Designation with Bank stamp)

Attorney as per Power of

Attorney No..

Date:

NOTE :The stamp papers of appropriate value shall be purchased in the name of "Bid Guarantee issuing

banks.

at.

WITNESS :

(Signature) (Signature)

(Name) (Name)

(Official Address)

: : 58 : :



FORM OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT IN

INDIVIDUAL CONTRACT

(On Non-Judicial Stamp Paper)

(Condition No. 9)

To



In consideration of the National Thermal Power Corporation Ltd. (Talcher Thermal Power Project)

having its registered Office NTPC Bhawan, Scope Complex, 7, Institutional area, Lodi Road, New Delhi-110

003. (hereinafter called the " Corporation "which expression shall unless repugnant to the subject or context

include its administrators, successors and assigns) having agreed under the terms and conditions of the

Award Letter bearing No............................ dated............................ issued by NTPC,

which has been unequivocally accepted work of............................ (hereinafter called the said Contract)

to accept a Deed of Guarantee as herein provided for Rs............................. (Rupees...................................

......................................................................................... only) from a Nationalised Bank in lieu of the

security deposit to be made by the Contractor or in lieu of the deduction to be made by the Contractor or in

lieu of the deduction to be made from the Contractor's bill, for the due fulfillment by the said Contractor of the

terms and conditions contained in the said Contract. We, the............................Bank (here-inafter

referred to as the said Bank and having our registered office at............................do hereby undertake

and agree to indemnify and keep indemnified the Corporation from time to time to the extent of

Rs............................ (Rupees............................................. ...................................................................only)

against any loss or damage, costs, charges and expenses caused to or suffered by or that may be caused

to or suffered by the Corporation by reason of any breach or breaches by the said Contractor of any of the

terms and conditions contained in the said Contract and to unconditionally pay the amount claimed by the

Corporation on demand and without demur to the extent aforesaid.

2. We....................................... Bank, further agree that the Corporation shall be the sole judge of and as

to whether the said Contractor has committed any breach or breach of any of the terms and conditions of

the said Contract and the extent of loss, damage, costs, charges and expenses caused to or suffered by or

that may be caused to or suffered by the Corporation on account thereof and the decision of the

Corporation that the said Contractor had committed such breach or breaches and as to the amount or

amounts of loss, damages, costs, charges and expenses caused to or suffered by or that may be caused to

or suffered by the Corporation from time to time shall be final and binding on us.

* Refer Note at the end of proforma. : : 59 : :



3. We, the said Bank, further agree that the Guarantee herein contained shall remain in, full force

and effect during the period that would be taken for the performance of the said Contract and till all the

clues of the Corporation under the said Contract or by virtue of any of the terms and Conditions governing

the said Contract have been fully paid and its claims satisfied or discharged and till the owner certifies

that the terms and conditions of the said Contract have been fully paid and its claims satisfied or discharged

and till the owner certifies that the terms and conditions of the said Contract have been fully and properly

carried out by the said contractor and accordingly discharges this Guarantee subject, however, that the

Corporation shall have no claim under the guarantee after 90 (Ninety) days from the date of expiry of the

Defects Liability Period as provided the said Contract, ie..........................................date) or from the date of

cancellation of the said contract, as the case may be, unless a notice of the claim under this Guarantee

has been served on the Bank before the expiry of the said period in which case the same shall be

enforceable against the Bank notwithstanding the fact, that the same is enforce after the expiry of the said

period.

4^ The Corporation shall have the fullest liberty without affecting in any way the liability of the

Bank under this Guarantee or indemnity, from time to time to vary any of the terms and conditions of the

said Contract or to extend time of performance by the said Contractor or to postpone for any time and

from time to time any of the powers exercisable by it against the said Contractor and either of enforce or

forbear from enforcing any of the terms and conditions governing the said Contract or securities available

to Corporation and the said Bank shall not be released from its liability under these present by any

exercise by the Corporation of the liberty with reference to the matters aforesaid or by reason of time

being given to the said Contractor or any other forbearance, act or omission on the part of the Corporation

of any indulgence by the Corporation to the said Contractor or any other matter or thing whatsoever

which under the law elating to sureties would but for this provision have effect of so releasing the Bank

from its such liability.

5. It shall not be necessary for the Corporation to proceed against the Contractor before proceeding

against the Bank and the Guarantee herein contained shall be en enforceable against the Bank,

notwithstanding any security which the Corporation may have obtained or obtain from he contractor shall

at the time when proceedings are taken against the Bank hereunder be outstanding or unrealised.

6. We, the said Bank, lastly undertake not to revoke this guarantee during its currency except will

the previous consent of the Corporation in writing and agree that any change in the Constitution of the

said Contractor or the said Bank shall not discharge out liability hereunder. If any further extension of this

Guarantee is required the same shall be extended to such required periods on receiving instructions

from M/s.........................................................................on whose behalf this guarantee is issued.

: : 60 : :



In presence of:

WITNESS For and on behalf of (the Bank)

1_________________________ Signature__________________________________

2. _________________________ Name & Designation________________________________

Authorisation No__________________________________

Date and Plance __________________________________

Bank's Seal ______________________________________

The above guarantee is accepted by the National Thermal Power Corporation Limited, (Talcher Thermal

Power Project)

NOTES

* FOR PROPRIETARY CONCERNS

Shri...............................................................son of......................................................... resident

of............................................................... carrying on business under the nameand style

of...............................................................at........................................................ (hereinafter called "the

said Contractor1 which expression shall unless the context requires otherwise include his heirs, executors,

administrators and legal representatives);

* FOR PARTNERSHIP CONCERNS

M/s...................................................^......... partnership firm with its office.......................................

(hereinafter called "the said Contractor which expression shall unless the context requires otherwise

include their heirs, executors, administrators and legal representatives); the nameof their partners being {i)

Shri........................................................S/o...................................................

(i) Shri............................................................... S/o............................................................... etc.

* FOR COMPANIES

M/s............................................................... a company registered under the Companies Act, 1956 and

having its registered office in the State of............................................................... (hereinafter called "the

said Contractor" which expression shall unless the context requires otherwise include its administrators

successors and assigns.)

: : 61 : :



PROFORMA BANK GUARANTEE FOR LUMPSUM ADVANCE

(On Non-Judicial Stamp Paper of Appropriate Value)

To


NTPCBhawan

Scope Complex

7, Institutional area

New Delhi-110 003

In consideration of the National Thermal Power Corporation Ltd. (Talcher Thermal Power Project)

having its registered Office NTPC Bhawan, Scope Complex, 7, Institutional area, Lodi Road, New Delhi-110

003. (hereinafter called "the Owners which expressionshall unless repugnant to the subject or context include

its successors and assigns) having agreed under the terms and conditions of the Award Letter No. 01/CC///

A dated ............................ issued by owner which have been unequivocally

accepted by ................................................... in connection with the work of

............................................................SpecificationNo.CC....................................................) hereinafter

called "the said Contract") to make at the reuest of the Contractor a lumpsum advance of

Rs............................. (Rupees........................................................ only) for utilizing it for the purpose ot

the Contract on his furnishing a guarantee acceptable o the Owner. We,

.......................................................... Bank incorporated under .........................................and having one

of our branches at .............................................................(hereinafter referred to as "the said Bank") do

hereby guarantee the due recovery by the Owner of this said advance with interest thereon as provided

according to the terms and conditions of the Contract. If the said Contractor fails to utilize the said advance

for the purpose of the Contract and/or the said advance together with interest thereon as aforesaid is not

full recovered by the Owner, we,............................................ Bank hereby unconditionally

and irrevocably undertake to pay to the Owner on demand and without demur to the extent of the said

sum of Rs............................../-

(Rupees.........................................................................................................only), any claim made by the

Owner on us for the loss or damage caused to or suffered by the Owner by reason of the Owner not being

able to recover in full and said sum of Rs.................J........^.................J-

(Rupees....................................................................................Only) with interest as aforesaid.

2. We....................................... Bank, further agree that the Owner shall be the sole judge of and as to

whether the said Contractor has not utilized the said advance or any part thereof for the purpose of the

Contract and the extent of loss or damage caused to or suffered by the Owner on account of the said

advance together with interest not being recovered in full and the decision of the Owner that the said

Contractor has no utilized the said advance or any part thereof for the purpose f the Contract and as to be

the amount or amounts of los or damage caused to or suffered by the Owner shall be final and binding on us.

* Refer Note at the end of proforma. : : 62 : :




and effect during the period that would be taken for the performance of the said Contract and till the said

advance with interest has been fully recovered and its claims satisfied or discharged and till Owner

certifies that the said advance with interest has been fully recovered from the said Contractor, and

accordingly shall have no claim under this Guarantee after 30 (thirty) days from the date of satisfactory

completion of the said Contract (as per the mutually agreed Work schedule) i.e. upto and inclusive of

................................................ (date) unless a notice of the claim under his Guarantee has been served on the

Bank before the expiry of the said period i.e. ................................(date) in which cas the same shall be

enforceable against the Bank notwithstanding the fact, that the same is enforced after the expiry of the said period.

4. The Owner shall have the fullest liberty without affecting in any way the liability of the Bank

under this Guarantee or indemnity, from time to time to vary any of the terms and conditions of the said

Contract or the advance or to extend time of performance by the said Contractor or to postpone for any

time and from time to time any of the powers exercisable by it against the said Contractor and either to

enforce or for bear from enforcing any of the terms and conditions governing the said Contract or the

advance available to the Owner and the said Bank shall not be released from its liability under these

presents by any exercise by the Owner of the liberty with reference to the matters aforesaid or by

reasons of time being given to the said Contractor or any other forbearance, act or omission on the part

of the Owner or any indulgence by the Owner to the said Contractor on of any other matter or thing

whatsoever which under the law relating to sureties would, but for this provision, have the effect of so

releasing the Bank from its such liability.

5. It shall not be necessary for the Owner to proceed against the Contractor before proceeding

against the Bank and the Guarantee herein contained shall be en enforceable against the Bank,

notwithstanding any security which the Corporation may have obtained OF obtain from he contractor shall

at the time when proceedings are taken against the Bank hereunder be outstanding or unrealised.

6. We, the said Bank, lastly undertake not to revoke this guarantee during its currency except

with the previous consent of the Owner in writing and agree that any change in the Constitution of the

said Contractor or the said Bank shall not discharge out liability hereunder.

If any further extension of this Guarantee is required the same shall be extended to such required periods on

receiving instructions from M/s……………………………………………………………………….

………………………………………………..on whose behalf this guarantee is issued.

Not with standing anything contained herein before our liability under this Guarantee is restricted to

Rs...........................1- (Rupees……………………………………………… only)

: : 63 : :



together with interest. Our undertaking shall commence from the date of execution and shall remain in force upto..........................................

Dated this............................................day of ........................................20 In presence of:

WITNESS For and on behalf of (the Bank)

1.______ • Signature___________________________________

2._________________ Name______________________________________

Designation ____________________________________

Authorisation No ________________________________

Date and Plance_________________________________

Seal of the Bank__________________________________

The above guarantee is accepted by the Owner For and on behalf of the National Thermal Power Corporation, Limited, (Talcher Thermal Power Project)

NOTES

* FOR PROPRIETARY CONCERNS

Shri............................................................... son of......................................................... resident

of............................................................... carrying on business under the name and style

of............................................................... at....................................................... (hereinafter called "the

said Contractor1 which expression shall unless the context requires otherwise include his heirs, executors,

administrators and legal representatives);

* FOR PARTNERSHIP CONCERNS

*M/s............ .................................................. apartnership firm with its office.....................................

(hereinafter called "the said Contractor which expression shall unless the context requires otherwise include their

heirs, executors, administrators and legal representatives); the name of their partners being

(ii) Shri.. ................................ ............................. S/o.. ........................................................ .....etc.

* FOR COMPANIES

*M/s... ............................................................ a company registered underthe Companies Act, 1956 and

having its registered office in the State of............................................................... (hereinafter called "the

said Contractor" which expression shall unless the context requires otherwise include its administrators

successors and assigns.)

: : 64 : :



FORM OF BANK GUARANTEE FOR REMOVAL OF PLANT AND

EQUIPMENT FROM THE SITE

(ON NON-JUDICIAL STAMP PAPER)

(Condition No. 54)

To



In consideration of the N.T.P.C. Ltd. (S.T.P.P.) hereinafter called "the Owner" which expression

shall unless repugnant to the subject or context include his successors and assigns) having agreed under

the terms and conditions of Contract No............................................. dated................................... made

between.............................and the Owner in connection with.......................................................(hereinafter

called "the said Contract") to permit the Contractor to remove the plant and equipment mentioned inthe

Schedule hereto hypothecated to the Owner as security against a loan of Rs......................................... (with

interest as provided in the Contract granted t the Contractor by the Owner from the site to any other works

of the Contractor on his furnishing an acceptable Bank guarantee, we the ................................................Bank.

(hereinafter referred to as "the said Bank") and having our registered office at.......................................... do

hereby undertake and agree to indemnify and keep indemnified the Owner from time to time to the extent of

Rs...............................(Rupees................................................................................................ only) against any

loss or damages, costs, charges and expenses cased to or suffered by or that may be caused to-or

suffered by the Owner by reason of the Contractor failing to bring back to the site the said plant and

equipment or any part thereof and to unconditionally pay the amount Claimed by the Owner or demand

and without demur to the extent aforesaid.

2. We....................................... Bank, further agree that the Owner shall be the sole judge of and as to

whether the said Contractor has failed to bring the said plant and equipment or any part thereof back to the

site and the extent of loss, damage, costs, charges and expenses caused to or suffered by or that may be

caused toor suffered by the Owner on account thereof and the decision of the Owner that the said Contractor

has so failed and as to the amounts of loss, damage, costs, charges and expenses caused to or suffered by

or that may be caused to or suffered by the Owner from time to time shall be final and binding on us.


and effect till the Owner certifies that the said plant and equipment have been brought back to the site or

the said loan of Rs..............................with interest has been repaid to the Owner in full and accordingly

discharges this Guarantee subject, however, that the Owner

: : 65 : :



shall have no claim under this Guarantee after.............................years of the date of completion of the

Contract or from the dale of cancellation of the said Contract, as the case may be unless a notice of the

claim under this Guarantee has been served on the Bank before the expiry of the said period of

.................................years in which case the same shall be enforceable against the Bank notwithstanding

the fact that the same is enforced after the expiry of the said period of ................................................years.

The Owner shall have the fullest liberty without effecting in any way the liability of the Bank under this

Guarantee or Indemnity, from time to time to vary any of the terms and conditions of the said Contract or the

loan or to extend time of performance by the said contractor or to postpone for any time and from time to time

any of the powers exercisable by it against the said Contractor and either to enforce or forbear from

enforcing any of the terms and conditions governing the said Contract or securities as available to the

Owner and the said Bank shall not be released from tis liability under these presents by any exercise by the

Owner of the liberty with reference to the matter aforesaid oor by reason of time being given to the said

Contractor or any other forbearance, act or omission on the part of the Owner or any indulgence by the

Owner to the said Contractor or of any other matter or thing whatsoever which under the law relating to

sureties would but for this provision have the effect of so releasing the Bank from its such liability.

It shall not be necessary for the Owner to proceed against the Contractor before proceeding against the

Bank and the guarantee herein contained shall be enforceable against the Bank, notwithstanding any

security which the Owner may have obtained or obtain from the Contractor shall at the time when

proceedings are taken against the Bank hereunder be outstanding or unrealised.

We, the said Bank lastly undertake not to revoke this Guarantee during its currency except with the

previous Consent of the Owner, in writing and agree that any change in the Constitution of the said

Contractor the said Bank shall not discharge out liability hereunder.

Dated this ..........................................day of.................................20...........

For and on behalf of the Bank………………..……………………..

Commonseal of the Bank. ………………..……….………………..

Name In presence of Witness : Signature……………………………………………..

1. Designation…………………………………………

2. Authorisation No…………………………………………………

: : 66 : :



For and on behalf of the

National Thermal Power Corporation Ltd.

(Talcher Super Thermal Power Project)

Date................. ..............................

(Name and designation)

NOTE :

For Proprietary Concerns

Shit. ......................................... ....son of.. ............................................ .resident of carrying on business

under the name and style of..................................at...............................(hereinafter called "the said

Contractor" which expression shall unless the context requires otherwise include his heirs, executors

administrators and legal representatives). . '.

For Partnership Concerns

M/s. ............................ a partnership firm with its office at ...............................................(hereinafter called

"the said Contractor" which expression shall unless tire context requires otherwise include their respective

heirs, executors, administrators and legal representatives) the name of the partners being

(i)Shri........................................................ S/o ………………………………………

(ii)Shri........................................................ S/o ………………………………………

For Companies

M/s...................................... a company registered under the Companies Act, 1 956 and having its registered

Office at .................................................in the State of................................................. (hereinafter called

"the said Contractor" which expression shall unless the context requires otherwise include its administrators

successors and assigns)

: : 67 : :



FORM OF HYPOTHECATION DEED

(ON NON-JUDICIAL STAMP PAPER ON APPROPRIATE VALUE)

(Condition No. 51 (a))

THIS INDENTURE made this ...............................day of ......................19...................BETWEEN*

............................... of The one part and National Thermal Power Corporation Ltd., (Talcher Super Thermal

Power Station) hereinafter called the Corporation which expression shall unless the context requires

otherwise include his successors and assigns of the other part:

WHEREAS under condition 54 (e) of the general condition of contract relating to the terms and conditions of

its award letter no. 01/cc///AL dated........................which have been unequivocally accepted by the

Contractor, the Contractor has applied to the Corporation for a loan of

Rs........................................(Rupees............................................................................................ only) for

plant and equipment described in the Schedule hereto specifically acquired by the Contractor for the

works and brought to site. -

AND WHEREAS one of the Conditions on which the said loan of Rs is to be granted by the Corporation to

the Contractor is that the Contractor shall hypothecate the plant and equipment described in the Schedule

hereto in favour of the Corporation as Security for the due repayment of the said loan.

AS WHEREAS the Contractor has represented that he is the Owner of the plant and equipment described in

the Schedule hereto and the same is free from encumbrances.

NOW THIS INDENTURE WITNESSETH THAT in pursuance of the said agreement and in consideration of

the premises the Contractor do hereby hypothecated, assign and transfer to the Corporation the Plant and

equipment described in teh Schedule hereto the intent that the same shall remain and form security for

repayment to the Corporation of the said loan of Rs............................... together with the interest

thereon at..............................% per annum.

1. The Contractor hereby agrees, declares and convenants with the Corporation as follows :

a. The Contractors shall repay to the Corporation the said load of Rs.......................................

(Rupees....................................................................only) together with interest thereon as afore said by

and agrees that the said loan be recovered by the Corporation by making deductions in the manner

provided in Condition 54 of the General Conditions of Contract and other conditions of the Award letter

from the claims made by the Contractor against the Corporation for on a count payment.

b.The Contractor has paid in full the purchase price of the Plant & Equipment described in the Schedule

hereto and each and every one of them an that the same are the absolute property of the Contractor and that

the same have not been sold, pledged, mortgaged or transferred or in any way dealt with by the

Contractor.

c. So long as any amount remains payable to the Corporation by the Contractor in respect of the said loan

of Rs................................................the Contractor shall not sell, pledge, hypothecated, transfer,

port with or in any way deal with he Plant and Equipment described in the Schedule hereto.

: : 68 : :



d. If the said loan of Rs...........................................shall not be repaid by the Contractor or recovered in the

manner described above by the said ............................................................ day

of...............................................due to any reason whatsoever or the said Contract has been determined

earlier or cancelled or if the Contractor shall sell, pledge, mortgage transfer, part with or in any way deal with

the said plant and equipment or any part thereof or the Contractor or any of the partners is adjudged

insolvent or the contractor is to be wound up or makes any composition or arrangement with its creditors or

the Contractor shall commit breach of any of the terms and conditions or convenants as herein contained or

if any of the said plant and equipment or it any other property whatsoever belonging to the Contractor has

been sold or attached for a period of not less than 21 days in execution of the decree fo any court for

payment of money, the whole of the said loan of Rs...........................................or such part thereof as may

have remained unpaid or unrecovered together with interest thereon shall forthwith become due and payable.

e. The Corporation may on the happening of any of the events mentioned in the proceeding clause (d) r in

the event of the said loan or any part thereof becoming due and payable and has not been paid or recovered

or cannot be recovered as provided in the said conditions. seize and take possession of the said plant and

equipment (and either remain in possess in thereof Without removing the same or else may remove tile

same) and sell the said plant and equipment or any of them either by public auction or private contract and

may out of tile sale proceeds retain the balance of the said loan and interest thereon remaining unpaid and

unrecovered and all cots, charges and expenses and payments incurred or made in maintaining, defending

or protecting the rights of the corporation hereunder and shall pay over the surplus, if any, to the Contractor.

f. The Contractor shall at all times during the Continuance of the security and at the expense of the

Contractor insure and keep inured the plant and equipment described in the schedule hereto for the full

value thereof in the joining names of the contractor and the Corporation with an insurance company to be

approved by the Engineer-in-charge against the risk of loss or damage from whatever cause arising other

than the Excepted Risks During the continuance of the security the Contractor shall pay all premia and sum

of money necessary for keeping such insurance on foot and the insurance policy and receipts in original for

premia paid shall be deposited with the Engineer-in-Charge. The Contractor shall assign all his rights title

and interest in the policy to the Corporation.

g. The Contractor shall not permit or suffer the said plant and equipment or any part thereof to be destroyed

or damaged or used or to be used or to deteriorate in a greater degree than it would deteriorate by reasonable

wear and tear thereof in the performance of the Contract.

h. In the vevent of any daage or loss happening to the said plant and equipment or any part thereof from

whatever cause ther than the Excepted Risks the Contractor shall forthwith have the same repaired or

replaced as the case may be or arrange for payment of the entire amount recovered or to be recovered from

the insurance company to the Corporation towards the payment of the said loan of

Rs...............................

2.Upon repayment or recovery in full of the amount secured on account of this hypothecation deed the said

plant and equipment secured hereunder shall stand released from hypothecation but this is without

prejudice to the right of the Corporation under any other conditions of tile Contract.

: : 69 : :



SCHEDULE ABOVE REFRREDTO

SI.

Particulars

Nos.

Purchase Price/

Total

Advance No.

of PLANT and

Price considered

Price

(75% of

EQUIPMENT

reasonable by

Col. 5)

Engineer-in-Charge

1

2

3

4

5

6

IN WITHNESS WHEREOF the parties hereto have executed these presents on the day and your first above

written.

Signed and delivered

by the within named____________ Signed by Shri _______________

_________(Contractor)_______ _________________________

In the presence of : For and on behalf of the National

1. ______________________ Thermal Power Corporation Ltd.

2. ______________________ (Talcher Super Thermal Power Station)

in the presence of :

1. ________________________ '

2. _____________________

*NOTE:

For Proprietary Concerns

Shri.......................... ..................... son of...............................................resident

of.......................................................... carrying on business under the name and style

of...... ............... .............at............................. ..(hereinafter called "the said Contractor" which expression shall

unless the context requires otherwise include his heirs, executors administrators and legal representatives).

For Partnership Concerns

M/s............................. a partnership firm having its registered office at (hereinafter called "the said Contractor"

which expression shall unless the context requires otherwise include and their respective heirs, executors,

administrators and legal representatives) the partners being of the firm being

For Companies

M/s...................................... a company registered under the Companies Act, 1 956 and having its registered

Office at .................................................in the State of................................................. (hereinafter callec

"the said Contractor" which expression shall unless the context requires otherwise include its administrators successors and assigns)

: : 70 :



53.0 CONTRACT PRICE ADJUSTMENT

53.1 The .tales quoted by the tenderer shall be the basic price, which will be subjected to PRICE

ADJUSTMENTS in accordance witht he conditions and formula prescribed herein and further

subject to satisfying the requirements specified in this clause only.

53.2 The Contract Price" (for definition please refer clause No. 3 (e) of G.C.C. ("Definitions") as

awarded shall be the Base Price, unless other wise specified.

A certain fixed percentage of the basic price shall not be subject to any price adjustment. The

balance percentage to be specified shall be of identified components towards Labour, Materials(s) and

H.S. Diesel Oil (P.O.L) and shall be subjected to Price adjustment.

The fixed component and the identified component shall vary from contract to contract depending

upon the scope of work(s) and shall be furnished inthe Special Conditions to contract, which will be

attached to the tender documents.

53.3 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 sub-clause 53.6 herein below.

53.4 The price adjustment formula for the various components of the Contract price, shall be constructed as

stipulated hereinafter. The formula designed for governing and calculating the price adjustment t be

applied to the contract price shall be follows :

CVF+LL1 mM1 d.D1

__________ + ________ + _______

LO MO DO

Where:

ACVI adjusted contract price i.e., value of work done after application of above price adjustment formula

CV = Base contract price, subject to price adjustment, i.e., the value o the work done in the given period

for which the Price Adjustment is to be calculated.

F= Fixed component portion of contract price which will not be subjected to any adjustment under

this formula or otherwise (and will be quantified from contract to contract in the Special Conditions

of Contract). - ;

!= Labour component of the contract price which will be subjected to adjustment (to be qualified from

contract to contract in the special Conditions of Contract).

m - Material component (excluding owner issue materials) of the contract price which will be subject to

adjustment; (and will be quantified from contract to contract, in the Special Conditions of Contract).

d =- High Speed Diesel/P.O.L. Component of the contract price which will be subject to adjustment;

(and will be quantified from contract to contract in the special Conditions of Contract). The variation

in this component will be available to contract(s) as defined in 53.6 (I) & OR (b) as the case may

be.

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".

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 "index Number of

wholesale Price".

: : 71 : :



D = High Speed Diesel Price per litre; which will be the price of High Speed Diesel Oil at the Indian Oil

Corporation retail outlet nearest to the project (selling price inclusive of taxes and duties, if any, per

litre of high speed diesel oil.)

SUBSCRIPT

O = Refers to the value of the above mentioned labour/material indices or diesel as on 7 days prior to

the date of opening of tenders.

I = Refers to the value of corresponding labour/material indices or diesel price as applicable for the

month in which the work is executed for which adjustment is applicable, respectively.

53.5 The value of F as specified in bid Documents/Special Conditions of Contract will remain unchanged

and fixed and shall not be disputed.

53.6 The total price adjustment(s) in any contract price of any Contract shall not exceed the maximum

limits(s) specified herein below :

1) For contract(s) where completion period as stipulated is less than and upto 12 (Twelve) months.

In such contracts with completion period upto 12 months only price variation due to diesel

component is permitted and no variation due to labour or material(s) component will be allowed in

any circumstances.

a) 2.5% (Two point five percent) of the Contract Price as awarded : when the diesel component is

upto five percent of the contract price (for all types of contract other than (b) below

b) 5% (Five percent) of the contract price as awarded when the diesel component is above five

percent upto ten percent of the Contract price for the contract involving earth works with

equipment's deployment like site leveling.

ii) For Contract(s) where completion period as stipulated is more than 12 months but not more than

24 months.

12% (Twelve percent) of the contract price as awarded

ii) For Contract(s) where completion period as stipulated is more than 24 months but not more than

36 months.

15% (fifteen percent) of the contract price as awarded.

IV) For Contract (s) where completion period as stipulated is more than 36 months

20% (Twenty percent) of the contract period as awarded

53.7 Price adjustment(s) shall be calculated for the quantum of works executed for the month or the

period of the bill as per agreed work schedule. for the purposes of payment/recovery of price

variation provisions, the Contract would be eligible for such claims or shall be liable for refind on the

quantum of work scheduled to have been executed in the month or period as per the agreed work

schedule or the actual quantum of work done provided always that such quantum of work done is

more than or equal to the scheduled : : 72 : :



quantum of work as per the agreed work schedule. In other words the Contractor shall not be eligible

for these claims not liable for payment/refund under these provisions if the work has been delayed

beyond the scheduled date(s) for reason attributable to contractor. However, the Contractor would be

eligible for claim or liable for refund for price Adjustment(s) for quantities of work executed beyond the

scheduled dates based on the value of indices as applicable to the scheduled date of execution, for such

delayed work provided that if the indices during the extended period are lower than the indices during

scheduled dates of execution, than lower indices shall be applicable.

53.8 Additional altered or substituted items of work, derived from the agreed schedule of Rate (attached in

Award Letter) will also attract price adjustment as per this clause No. variation adjustments is payable for

the rate/amount or the additional, altered or substituted items of work when derived from or based on

Market Rates as per clause 10.1 (iv) & (v). No price adjustment for the cost of Owner issued

material(viz.) steel & cement or any other items(s) issued from Owners store's shall be applicable,

when are issued at fixed rates to the Contractor.

53.9 Every month after the award of Contractor shall submit to the Engineer-in-Charge, a written notice of

the change, if any, that have occurred in the specified indices of Material(s), and labour or that of Diesel

price during the previous reporting period containing the effective date of such change, the amount of

chasing for the claim of the amount of contract price adjustment with authenticated documentary

evidence of the relevant published indices/diesel price to substantiate the price adjustment.

53.10 Provided further that such payment/refund shall not be operative and payable after the Schedule expire

of the Contract Period or authorised extended contract period or extended date of completion of work

or items of works in question, whichever is earlier.

53.11 In case.the works, or items of work, or group of items of work, are delayed beyond the schedule date for

the work, for reasons attributable to the Contractor, the price adjustment provisions shall not be

applicable for the period of time between the schedule date the actual date, but for as provided above

in sub-clause 53.7.

53.12 For this purpose, the schedule date of works shall be as identified in line with provisions of clause

entitled "Time and Extension for Delay" and/or "The Bar Chart" (which will be discussed and finalised

before Award of work) wherein the separate period of completion has been specified/ agreed to, for items,

or groups of items or work.

53.13 TOTAL ADJUSTED CONTRACT PRICE (with ceiling as per sub clause 53.6) The total

adjusted contract price shall be : (Sigma) ACVI + other elements Contract Price, if any.

53.14 Expect as provided herein, no other expenditure incurred by the Contractor, due to levey of

additional/increase in taxes duties, octroi, royalty, levies, insurance premium(s, benefits to Workers/

Labours or any other clause(s)/item(s) due to any reason whatsoever, shall be payable to the

Contractor.

53.15 Tenders specifying provisions other than those specified above run the risk of rejection.

: : 73 : :



AMENDMENT / ERRATA NO.1



Errata No.1 Sl.No. Page

No. Clause No. Line of

Reference Fill/Add/Delete

1 --- All Clauses in GCC

----- Replace the word “NTPC LIMITED Ltd.” or “NTPC” or “Corporation”

By “NTPC/RITES” as applicable.

2 2 NIT 3 Fill “NTPC” Kaniha

3 2 1 -- Delete the entire existing clause and Replaced by : Tenders are invited by RITES Ltd. for and on behalf of the NTPC Ltd. for Supply & laying of 60 Kg. 1 in 8.5 Turnout including 60 Kg PSC sleepers & its ancillary work at NTPC Limited, TSTPS, Kaniha.

4 2 5 1 Replace the word “The CMD, NTPC Ltd.”

by “The Competent Authority of RITES”

5 5 3 a --- Delete the entire Clause

Replace by as “Owner” or “NTPC” or “Client” shall mean the “NTPC LIMITED Ltd, New Delhi, India (A Government of India Enterprise) and shall include their legal representative, successor and permitted assigns”

“RITES Ltd.” (RITES) has been engaged as “Project Management & Consultant” to supervise the above project for the owner (NTPC). RITES, shall, therefore be signing the contract and working on the project, for and on behalf of the Principal Employer (NTPC Ltd.) who is the owner & employer of the Project to be constructed, under a Redeemable Power of Attorney. The contract signed by RITES Ltd. is to be treated as the contract signed by “NTPC Ltd.”

6 5 3.c ---- Delete the entire Clause.

Replace by “Contract” shall mean the contract agreement entered into between RITES and the Contractor, together with the Contract Documents referred to therein, they shall constitute the Contract and the term Contract shall in all such documents be construed accordingly.

- 1 -



Errata No.1

Sl.No. Page No.

Clause No. Line of Reference

Fill/Add/Delete

7 5 3.d -- Deleted the entire Clause.

Replaced by “Contractor” shall mean the Bidder whose bid has been accepted by

RITES for and on behalf of NTPC Ltd.,TSTPS, Kaniha for the award of the work and shall include his legal representatives, successors and permitted assigns.

8 5 3.g -- Delete the entire Clause.

Replace by “Engineer-In-Charge” or “EIC” shall mean the Officer appointed in writing by RITES to act as Coordinator from time to time on behalf of NTPC in all matters pertaining to this Contract. RITES shall authorize “Engineer-in-charge” for direction, supervision, inspection, security and approval of sum or all of the services rendered by the Contractor under the contract.

9 6 3.j --- Delete the entire Clause.

Replace by Schedule(s) refer to in these condition shall mean the relevant Schedule annexed to the tender papers issued by RITES.

10 6 3.k -- Delete the entire Clause

Replace by “The Project” or “Site” shall mean include the Land and other places on or over or into or through which the Railway siding System and its associated Sub- System including signaling and Telecommunication System etc. are to be constructed in the Scope of work. It shall also include any adjacent land, path street, river or a reservoir which may be allocated or used by RITES or Contractor in performance of the Contract”.

11 6 3.n --- Delete the entire Clause.

Replace by “A Week shall mean continuous period of seven (7) days”.

12 -- 3.p --- Add new Clause.

“Specification” shall mean the terms and conditions of contract and detailed project report forming a part of bid documents and contract such other schedules and drawing as may be mutually agreed upon.

- 2 –



Errata No.1

Sl.No. Page No.


Fill/Add/Delete

13 -- 3.q -- Add new clause

“Notice of Award of Contract”/Letter of Award” shall mean the official intimation from the RITES for and on behalf of NTPC Ltd. notifying the successful bidder that it’s proposal has been accepted and that the bidder is required to sign the contract agreement.

14 -- 3.r -- Add new Clause.

“Date of Contract” shall mean the date mentioned in Contract / Letter of Award, as the effective date of Contract, whichever is earlier.

15 -- 3.s Add new clause.

Add new Clause “Indian Rupees” or the sign “Rs.” Shall mean the currency of the Government of India.

16 -- 3.t Add new Clause.

“The Government” shall mean the “Government of India” or “Government of State of Odisha” or an authorized representative / agency / department of the Government of India or an authorized representative / agency / department of the Government of State of Odisha”

17 -- 3.u Add new Clause.

“Starting Date” shall mean the date from which the period specified for various activities are measured and set forth in completion schedule. The stating date for each schedule, unless otherwise agreed, shall be as indicated in the respective schedule”

18. -- 3.v Add new clause.

“Month” shall mean calendar month “day” or “days” unless herein otherwise expressly defined shall mean calendar day or day of 24 hours each.

19 -- 3.w Add new Clause:

The “Title” or “Heading” shall not alter or affected the indent or scope of the clause or articles of the documents.

- 3 –






20 -- 3.x Add new Clause:

The “Date of Completion of contract” – unless otherwise terminated under the provisions of any other relevant clause of the document, the Contract shall be deemed to have been completed after issuance of the certificate from Engineer-in-charge that there is no demand out standing against the Contractor and all liabilities under the Contract have been satisfactorily fulfilled by the Contractor”.

21 -- 3.y Add new Clause: Word pertaining “Person” shall include firms,

companies, corporations and association or bodies of individuals, whether incorporated or not.

22 -- 3.z Add new Clause:

“Consultant to NTPC” – NTPC have appointed M/s

RITES as their Engineering / Project Management Consultant for Construction of Railway siding System and it’s associated sub-systems for stage-II. The Contractor in accordance with the design, technical specifications and drawings prepared by NTPC/RITES shall execute all the works.

23 -- 3.aa Add new clause:

“BOQ of SOQ or SOR shall be read as Schedule of Quantities”

24 6 4 1 Replace “free of charge two”

by “one”

25 8 9 Delete the entire clause.

--- Refer, Clause 7.0 of SCC

26 11 12.b.i 21 Add

Subject to the approval of Engineer-in-charge.

27

15 15.b Delete the Entire Clause.

- 4 -






28 17 16.4(A) 16.24 Delete the entire Clause and Add new clause as under.

The contractor shall be liable to pay his contribution and the employees contribution to the State Insurance Scheme in respect of all labour employed by him for the execution of the contract, in accordance with the provision of “The Employees State Insurance Act 1948” as amended from time to time.

In case the contractor fails to submit full details of his account of labour employed and the contribution payable, the Engineer-in-charge shall recover from the running bills of contractor and amount of contribution as assessed by him. The amount so recovered shall be adjusted against the actual contribution payable for Employees State Insurance.

However, in case the ESI Act is not applicable to the area where the project site is located, as evidenced by the Certificate / Letter submitted to this effect by the contractor from the local authorities, the contractor shall be liable to arrange and pay for the expenses towards medical treatment in respect of all labour employed by him for the execution of the contract.

29 18 16.7.1 and 16.7.2

-- Add the following as clause No.16.7.1 (i) after the clause No.16.7.1. “Failure to comply with model rules for Labour Welfare and/or provisions relating to report on accidents and/or to grant of maternity benefits to female workers shall make the Contractor liable to pay to the RITES as Liquidated Damages and amount of Rs.1000/- (Rs. One Thousand only) for each default or materially incorrect statement. The decision of the Engineer-in-charge in such matters based on reports from the Inspecting Officers as defined in the Contractors Labour Regulations as appended to these conditions shall be final and binding and deductions for recovery of such liquidated damages will be made from any amount payable to the Sub-Contractor..

- 5 –






30 18 to 19

16.7.2 -- Delete the entire existing Clause 16.7.2 and Add the SAFETY PROVISIONS Clause: 16.7.2 as

SAFETY PROVISIONS A Contractor employing more than 250

workmen whether temporary, causal, probationer, regular or permanent or on contract, shall employ atleast one full time officer exclusively as safety officer to supervise safety aspects of the equipment and workmen, who will co-ordinate with project safety officer. In case of work being carried out through agency’s employees/workmen will also be considered as the Sub-Contractor’s employees/workmen for the above contractor will be promptly informed, in writing to Engineer-in-charge with a copy of safety Officer-in-charge of NTPC/RITES before he starts work or immediately after any change of incumbent is made during currency of the contract.

In case any accident occurs during the construction / erection of other associated activities undertaken by the Contractor thereby causing any minor or major or fatal injury to his employee due to any reason, whatsoever, it shall be the responsibility of the Contractor to promptly inform the same to NTPC/RITES Engineer-in-charge in prescribed form and also to all the authorities envisaged under the applicable laws.

The Engineer-in-charge shall have the right at his sole discretion to stop the work, if in his opinion the work is being carried out in such a way that it may cause accidents and endanger the safety of the persons and/or property and/or equipment. In such cases, the contractor shall be informed in writing about the nature of hazards and possible injury/accident and he shall comply to remove shortcomings promptly. The Contractor after stopping the specific work can, if felt necessary, appeal against the order of stoppage of work to the Engineer-in-charge writhing 3 days of such stoppage of work and the decision of Engineer-in-charge in this respect shall be conclusive and binding on the sub-contractor.

- 6 –






The contractor shall not be entitled for any damages/compensation for stoppage of work due to safety reasons as provided in para 16.7.2 (iii) above and the period of such stoppage of work will not be taken as an extension of time for completion of work and will not be the ground for waiver of levy of liquidated damages.

The contractor shall follow and comply with all NTPC and RITES safety rules, relevant provision of applicable law pertaining to the safety of workmen, employees, plant and equipment as may be prescribed from time to time without any demur, protest or contest or reservation. In case of any non-conformity between statutory requirement and NTPC and RITES safety rules referred to above, the latter shall be binding on the Contractor unless the statutory.

If the Contractor fails in providing safe working environment as per NTPC and RITES Safety rules or continues the work even after being instructed to stop work by the Engineer-in-charge as provided in para 16.7.2 (iii) above, the Contractor shall promptly pay to NTPC/RITES, on demand by the owner, compensation @ Rs.5000/- per day or part thereof till the instruction are complied with and so certified by the Engineer-in-charge. However, in case of accident taking place causing injury, to any individual, the provisions contained in para 16.7.2 (vii) below shall also apply in addition to compensation mentioned in this para.

If the Contractor does not take all safety precautions and/or fails to comply with the safety rules as prescribed by NTPC and RITES or under the applicable law for the safety of equipment and plant and for the safety of personnel and the Contractor does not prevent hazardous conditions with cause injury to his own employees or employees of other sub-contractor, or NTPC/RITES employees or any other person who are at site or adjacent thereto, the Contractor shall be responsible for payment of compensation to NTPC/RITES as per the following schedule.

Fatal injury or accident causing death : Compensation 2 two percent (2%) of contract value or Rs.100,000/- (Rupees one lakh only) whichever is less, per person.

- 7 -



Errata No.1

Sl.No. Page No.


Fill/Add/Delete

Major injury or accident causing 25% or more permanent disablement To workmen or employees:

Compensation @ one half of one percent (1/2%) of contract value or Rs.20,000/- (Rupees twenty thousand only) whichever is less, per person.

Note : These compensation are applicable for death / injury to any person whatsoever.

Permanent disablement shall have the same meaning as indicated in workmen penalty Act. The compensation mentioned above shall be in addition to the compensation payable to the workmen / employees under the relevant provisions of workmen’s compensation act and rules framed thereunder or any other applicable laws as applicable from time to time. In case the owners made to pay such compensation then contractor is liable to reimburse the owner such amount in addition to the penalty / compensation indicated above.

If the Contractor observes all the safety rules and codes, statutory laws and Rules during the currency of the contract awarded by the owner and no accident occurs then NTPC may consider the performance of the Contractor and award suitable “ACCIDENT FREE SAFETY MERITORIOUS AWARD” as per scheme as may be announced separately from time to time.

31 31 to 32

46.a to 46.c Delete the entire existing Clause.

Add: Also Refer clause 13.0 of SCC

32 32 46.e 1 Delete the work “Where”.

33 32 48 -- Add: Also Refer clause 13.3 of SCC

34 34 51.1.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% of the material component of the item rate of 75% of the item rate whichever is lowest for”

35 55 Schedule-“B” -- Delete the entire existing Schedule. --- Replace by rails will be issued by RITES/NTPC

from store inside the plant.

36 56 Schedule-“C” --- Delete the entire.

37 57 to 73

-- -- Delete the entire existing Proforma.

- 8 -



SPECIAL CONDITIONS OF CONTRACT



SPECIAL CONDITIONS OF CONTRACT (SCC)

FOR

EXECUTION OF PERMANENT WAY WORK AND OTHER ALLIED WORKS AT NTPC, TSTPS, KANIHA, ANGUL, ORISSA

1. SALIENT FEATURES OF EXISTING RAILWAY SYSTEM AT TSTPS. KANIHA. 1.1 INTRODUCTION

NTPC Limited has set up a Super Thermal Power Station at Kaniha / Talcher in the state of Odisha having a Broad Gauge MGR system for transportion of coal connecting Lingaraj Mines of MCL to the Power plant at Kaniha.

2. Proposed renewal of existing 1 in 8.5 points and crossings having wooden layout by new 1 in 8.5 60 kg points and crossings with 60 Kg. PSC sleepers fittings and other allied works at NTPC, Talcher Super Thermal Power Station, Kaniha” including supply of ballast etc.

2.1 These works are to be carried out in accordance with the provision of the RDSO/Rly specifications and agreement along with the schedules attached. The procurement of materials, equipment and execution of works shall be governed by the relevant Codes, Manuals and RDSO/Rly Specifications applicable for such works.

SCOPE OF WORK : • Dismantling of existing 52 Kg 1 in 8.5 points & crossing and sleepers and

stacking/transporting of same as directed. • Renewal of turnout including, supply of 60 kg.1 in 8.5 points crossings, 60 kg PSC

sleepers, ballast, P.Way fittings and laying etc.

2.2 DEFECT LIABILITY MAINTENANCE :

The Defect Liability Maintenance period shall be 06 (six) months reckoned from the date of issue of the completion certificate by the Engineer-in-charge. The contractor shall be responsible during the construction period and till the expiry of maintenance period for the following:

a. Safety and Security of all installations b. Any accident / damage to attributed to any deficiency / defect in formation and other

installations. c. Restoration of services and payment of compensation if any. The liability of the

contractor during the maintenance liability period shall include, though not be limited to: i) P.Way, track maintenance including keeping in levels, lines.



3.0 GENERAL INSTRUCTIONS 3.1 Contractor is advised to visit the site to familiarize him with the site conditions before

quoting the rates. 3.2 As per the provisions of the bidding documents, contractor will responsible for the entire

scope of work for Construction of proposed Railway siding for modification of private siding for provision of wagon tipplers for expansion of TSTPS Project stage-II, Earthwork in formation, construction of bridges & culverts, construction of side drains and Paved path as/if required

3.3 Not applicable. 3.4 The detailed scope of work covered under this package has been specified in relevant

clauses of Technical Specification. 3.5 Contractor shall obtain license for storage of blasting material and conducting controlled

blasting through an authorized expert as/if required. 3.6 The contractor shall provide a site office for RITES Personal with a size of minimum 21 Sqm

including Office Furniture, Toilet and internal electrical fittings. 3.7 The work may be split smaller size jobs or clubbed together to form it bigger job in order to

suit the system requirement. No compensation whatsoever shall be payable to contractor on account of these changes. The work has to be executed according to “Released for Construction” drawing issued by Engineer-in-charge with additions and modifications made from time to time as and when required and approved by Engineer-in-charge and also according to any other drawings that would be issued to the contractor progressively during the execution of the contract unless specified otherwise in the Technical Specification or Schedule of Quantities for the specific items of work.

3.8 In case of any conflict between General Condition of Contract and Special Conditions of

Contract, provisions of special conditions of contract shall prevail. 3.9 Before starting the work contractor/s has to prepare an execution chart (BAR CHART) and

PERT CHART and get it approved from the competent authority and the same shall be displayed in office. This chart shall be reviewed after every 15 days.

3.10 The contractor/s will remove dismantled materials/bushes, trees, branches and leaves of

trees etc. immediately from the site of work to avoid hindrance or inconvenience to the agencies working in adjoining site/road vehicles / traveling public as per instructions of the Engineer and useful materials released will be the property of the NTPC. Contractor will lead and hand over the same at NTPC's store godown at Kaniha. The dismantled materials which are classified by Engineer as not useful will be disposed off by the Contractor irrespective of any lead as per instructions of the Engineer-in-charge. Nothing extra on account of leading, loading unloading etc. of such materials will be paid. This aspect while quoting rates may be kept in view by the contractor/s.

3.11 Dismantled track structure (P.Way materials) shall be kept in safe custody of the contractor.

Any shortages/losses will have to be made up by the contractor. The dismantled material shall be lead and handed over to NTPC store godown at Kaniha by the contractor.



3.12 In case any material is rejected at site due to its not conforming to the specification, the

contractor shall arrange to remove all such material from site of work at his own cost within 7 days of the receipt of the notice. Safe custody of the materials at site is the responsibility for the contractor.

3.13 The work will be carried out in stages and in some cases under traffic conditions, therefore

contractor is required to follow the road/railways traffic rules. He is advised that this aspect may be kept in view by the contractor/s, while quoting rates.

3.14 The materials to be supplied by the contractor shall comply with relevant IS/IRS

Specifications. 3.15 Samples of the materials which the contractor would be intending to supply/shall be got

approved in advance from the Engineer before commencing the supply of the same. 3.16 The land and place where materials are to be stacked shall be made fit for stacking of

materials by the contractor at his own cost, nothing extra will be paid for this purpose. 3.17 The contractor will also himself/themselves arrange and pay for the cost of land use for such

working facilities as he/they need (i.e. land for labour camps, contractors office, approach road to site(s) of work etc.) the contractor will be deemed to have included this element of compensation in their through tendered rates and will not be entitled to any extra payment. They are advised to see the site of work before tendering.

3.18 The rate quoted by contractor/s shall be all inclusive through rate. No leads, lifts, loading,

unloading, handling, re-handling, stacking at site, toll tax, octroi, sale tax and royalty or any other charges levied or leviable by the State Government or by Local bodies will be paid by the RITES/NTPC.

3.19 The contractor will be responsible for the security and safety of the staff and the labour deployed by him.

3,20 RITES/NTPC reserves the right to operate or not to operate any item mentioned in the

schedule of work. 4.0 Setting up of field laboratory - Not applicable. 5.0 Machinery and Plant 5.1 The contractor will be entirely responsible to arrange all necessary machinery including

concrete mixers, vibrators, compressors, pumps, pneumatic equipment's mechanical equipments for compaction, vehicle, trailer, tools and plant and their spare parts required for efficient and methodical execution of the work and transport them to the site of work. Delay in procurement of such items due to their non availability as excuse for import difficulties or any other cause whatsoever will not be taken as excuse for slow or non performance of the work. Safety of plants and machinery will be the responsibility of the contractor and for any loss in cases of wash away of any type of contractors materials, tools & plants in floods, or otherwise no claim will be entertained on this account, whatsoever.

5.2 The minimum equipment and machinery to be deployed by the contractor for the execution

of work shall be adequate to complete the job as per approved PERT CHART.



6.0 AS BUILT DRAWING 6.1 After completion of the works contractor should submit Dimensional completion/as built

drawings – 3 sets and soft copy (CD). 7.0 SECURITY DEPOSIT 7.1 The existing condition 9 of General conditions of contract shall be treated as deleted and

substituted with the following sub clauses of Special Conditions of Contract. 7.2 The total security deposit to be furnished by the Contractor whose tender(s) may be

accepted (hereinafter called the contractor) including the amount of Earnest money deposited with the tender shall be 05%(five) of the contract value.

7.3 50% (Fifty percent) of total security deposit (including the amount of EMD) shall be furnished by the contractor within 15 days from the date of issue of letter of acceptance in the following form: -

7.3.1 Bank Guarantee in the form given in the tender documents (proforma-8) from any scheduled

Bank located in India or a Foreign bank located in India and approved by the Reserve Bank of India. The Bank Guarantee submitted should be valid for a period of 120 days beyond the defect liability / Maintenance period.

7.4 The balance 50% of Security Deposit shall be deducted in case from various running

account bills @ 10% (ten percent) of work done till the total security deposit reaches required total amount i.e. 05% (five percent) of contract value.

7.5 The amount of security deducted from R.A bills shall be kept by RITES and shall not be

allowed to be substituted by the contractor in any other form. No interest shall be payable by RITES on the amount of security deposit deducted from the Running Accounts Bills.

7.6 All compensation or other sums of money payable by the contractor under the terms of this

contract may be deducted from, or paid by the sale of a sufficient part of his Security Deposit or any sums which may be due to or may become due to the contractor by RITES on any account whatsoever and in the event of his Security Deposit being reduced by reasons of any such deductions or sale as aforesaid, the contractor shall within 10 days make good in cash or Guarantee Bond in favour of RITES executed by any Nationalised Bank of India or by the Schedule Bank or Government Securities endorsed in favour of RITES, or any sum or sums which may have been deducted from, or raised by sale of his Security Deposit or any part thereof.

7.7 Security Deposit shall be released to the contractor as per scheduled given below:

1. 50% (fifty percent) of total security deposit

(release of security deposit in the form of BG and

EMD)

After satisfactory completion of the

work as certified by the Engineer-

in-charge.

2. 50% (fifty percent) of total security deposit

(release of security deposit in the form of cash)

After successful completion of

defect liability / maintenance

period.

7.8 No interest will be payable on the Earnest Money or on the Security Deposit or the amount

payable to the contractor under the contract.



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

7.10 Delay in submission of Security deposit in accordance with clause 7.3 shall attract a penalty

of Rs.5000/- per day and no payment shall be release till submission of requisite amount of security deposit in proper form

8.0 Performance Guarantee 8.1 The contractor shall provide RITES with a financial guarantee for the due and faithful

performance of the contract for a sum equal to 10% (Ten per cent) of the awarded Value. Such guarantee shall be in the form of a bank guarantee from an Indian Schedule Bank or the Nationalised Bank located in India or a Foreign Bank located in India and approved by the Reserve Bank of India, on the format already agreed upon. The Bank guarantee shall be furnished within 15 days from the date of issue of letter of award and shall be valid for a period of 120 days beyond the defect liability period.

8.1.1 In case the contractor fails to submit the performance guarantee with 15 (fifteen) days from

the date of issue of letter of award, a recovery @ Rs.5000/- per day till submission of such guarantee will be made from the amount due to the contractor and no payment shall be released till submission of requisite amount of performance guarantee in proper form.

8.2 In case the performance of the contractor is not found satisfactory at any stage in the

opinion of Engineer-in-charge, the performance guarantee of the contractor shall be forfeited after giving due notice to the contractor. The decision of the Engineer-in-chare shall be final and binding on the contractor in this regard.

8.3 The performance Guarantee shall be released after satisfactory completion of defect

liability period/maintenance period.

9.0 TAXES/DUTIES AND POLICYS ETC. 9.1 The award of work under this Contract shall be on “Works Contract Basis”. The Contractor

shall be responsible for payment of any tax levied on the transfer of property or goods involved in the “Works Contract” under Orissa State Government Sales Tax Act and the rules made hereunder including amendments if any. This liability shall be to the Contractor’s account and it shall not be reimbursed by RITES Ltd., Tax deductions at source shall be made as per laws prevalent in the country.

It will be incumbent upon the Contractor to obtain a registration certificate as a dealer under the Local Sales Tax Act and the Central Sales Tax Act and necessary evidence to this effect shall be furnished by the Contractor to RITES Ltd., Sales Tax on the transactions between the Contractor and his Sub contractors/Vendors etc shall not be reimbursed by RITES Ltd.

9.2 The contractor shall be responsible for any taxes that may be levied hereinafter on the

transaction between contractor and RITES Ltd. 9.3 The Contractor, shall be liable and responsible for the payment wherever payable, of the

taxes, import duties, tolls, octroi duties, excise duty, levies, entry tax, service tax, Cess, Royalty, Seinorage charges etc. on all services, material and articles’ that he may use for this work. Any increase in the aforesaid taxes, import duties, tolls, octroi duties, excise duty, levies, entry tax, service tax, Cess, Royalty, Espionage charges etc that may arise during the currency of the contract shall be entirely on the Contractor’s accounts.



9.4 NTPC will provide form C and waybill to the contractor for availing of Sales Tax rebate wherever applicable. In case RITES/NTPC fails to provide form ‘C’ and way bill 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 Tax by the Contractor.

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

9.6 The Contractor’s All Risk Policy (C.A.R Policy) shall be incorporated by the Contractor up to completion of the work.

10. CONTRACT PRICE ADJUSTMENT. (REFER CLAUSE 53 OF GCC) – NOT APPLICABLE

1. Price adjustment against this contract shall be available to the contractor only on “Fuel component of the work elements, this Price adjustment shall not be available to the contractor on any other components as defined in clause 10.3”

2. The percentage of various components in contract price on which variation in prices shall be admissible are indicated below. However, for the contract price adjustment shall be available only on Fuel Component.

a. Labour Component - 30 %

b. Fuel Component - 15 %

c. Materials Component - 40 %

d. Fixed Component - 15 % (will not be considered for

any price variation)

11 PAYMENT ON ACCOUNT

11.1 Add the following to clause 51.1 (b) of GCC.

11.2 For the purpose of this clause, the material component is defined as

follows:

"The sum of all the percentages for various factors, stipulated in price adjustment Clause except the percentage stipulated for the labour component and fixed component".

12 TIME SCHEDULE

12.1 The entire scope of work covered under this contract shall be completed within 08 (eight) months, the date of commencement shall be reckoned 15 days from the date of issue of letter of Acceptance/Handing over of site, which ever is later.

(ii) The work shall be performed in time and to achieve the targets, the Contractor shall have to plan adequate mobilization of all resources. List of equipment, construction methodology, Site Organization Set-up and a detailed Work Schedule shall be discussed with the successful tenderer before award of the Contract and agreed to and such agreed Work Schedule shall form a part of the Letter of Award. All the Contractor's activities shall be performed and completed strictly in accordance with agreed Work Schedule. The Engineer-in-charge, shall however, have the right to review the progress and modify the Work Schedule suiting the site conditions and the Contractor shall be required to complete his activities in accordance thereof without any extra cost to the Owner.



13 WATER & POWER SUPPLY

13.1 Clause No. 46 and 48 of Section-III of General Conditions of Contracts (GCC):

13.2 Water Supply

13.2.1 Replace the existing clause 46 (a), (b), (c) of Section-III of GCC by the following:

13.2.2 No water will be supplied by RITES/NTPC for any purpose. The Contractor shall make his own arrangement at his own cost. No claim will be entertained on this account.

13.3 Power Supply

13.3.1 Delete the GCC clause: 48.

13.3.1.1 No power will be supplied by RITES/NTPC for any purpose. The Contractor shall make his own arrangement at his own cost. No claim will be entertained on this account.

14. QUALITY ASSURANCE

14.1 Sampling, testing and quality assurance requirement are given in Technical Specification.

14.2 All costs associated with testing of materials required shall be borne by contractor.

14.3 REINFORCEMENT STEEL, Manufacturer test certificate to be provided for physical and chemical properties for each lot for review and approval. Approved brand are SAIL, TISCO & RINL.

14.4 CEMENT, for review of manufacturers test certificate for each consignment brought at site shall be intimated to RITES

14.5 DESIGN MIXES, The contractor shall entirely responsible for the design of the concrete mixes at their own cost.

Before commencing the works, the contractor shall submit with full details of all preliminary trial mixes and tests to the RITES for approval.

When the proportions of a concrete mix have been approved by the RITES, the Contractor shall not vary the quality or source of the materials or the mix without the written approval of the RITES.

15 TEMPORARY WORKS AND ENABLING WORKS

15.1 The sitting and nature of all offices, huts, access road to the work - areas, access tracks to work areas, bunds, sumps, channels and all other temporary 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.

15.2 All the equipments, 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 for various items in the Schedule of Items shall be deemed to include the cost of enabling works.

15.3 The Contractor shall make his own arrangement at his own cost for approach to the work site including borrow I disposal area and for movement of men, machinery, other requirement etc. required for carrying out the work included under this Contract.

16 SHIFT WORK

16.1 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.



16.2 Wherever, the work is carried out at night, adequate lighting of working areas and access paths should be provided by the Contractor at his own 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.

17 OBSERVANCE OF LABOUR LAWS

17.1 In addition to the observance of provision in clauses 16.0 and 34-A, of Section III of General Conditions of Contract, the following provisions will also hold good:

17.2 The Contractor shall be liable to make payment to all the employees and make compliance with labour laws. If the OWNER, is held liable as 'PRINCIPAL EMPLOYER' to pay contribution etc- under ESI Act or any other legislation of Government or Court decision, in respect of the employees of the Contractor, then the-latter would reimburse, the amount of such contributions so paid by RITES/NTPC.

18 COOPERATION WITH OTHER AGENCIES

18.1 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 Contractor shall attend such meetings as and when required and fully cooperate with such persons and agencies involved.

19 DEFECT LIABILITY / MAINTENANCE PERIOD

19.1 The Defect Liability/Maintenance period shall be 06 (six) months reckoned from the date of issue of the completion certificate by the Engineer-in-Charge. Also through out the defect liability period of 06 months sufficient staff and materials/equipments etc. will be arranged by the contractor to enable to carry out the repairs/rectification immediately whenever pointed out by RITES/NTPC.

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

19.3 The contractor shall be responsible for rectification of defects arising out of defective workmanship / defective materials for this period of twelve months and shall be responsible for replacement of all defective materials and for rectification of all defects at his own cost. The assets shall be handed over to Engineer-in-Charge / NTPC at the end of the maintenance period as per stipulations given in Technical Specifications.

20 CONTRACT COORDINATION PROCEDURES, MEETINGS & PROGRESS REPORTING COORDINATION

20.1 The Contractor shall prepare and finalise in consultation with RITES Ltd /NTPC, a detailed Contract coordination procedure within 21 days from the date of issue of Letter of Award for the purpose of execution of the Contract.

20.2 During the execution of the work, Contractor shall submit at his own cost a detailed monthly progress report to the Engineer-in-Charge in three copies by 7th of every month.

21 QUANTITY VARIATION LIMIT 21.1 The quantity variation shall be as per Clause 10 (iv) of Schedule-A enclosed with the GCC.



22 HANDING OVER OF SITE

22.1 Efforts will be made by the Owner/RITES to hand over the site to the Contractor free of encumbrance. However, in case of any delay in handing over of the site to the Contractor, the Owner shall only consider suitable extension of time for the execution of the work. It should be clearly understood that the Owner shall not consider any other compensation whatsoever viz. towards idleness of contractor’s labour, equipment etc.

22.2 The Contractor shall make his own arrangement at his own cost for approach to the work site including borrow / disposal area and for movement of men, machinery, other equipment etc. required for carrying out the work included under this Contract.

22.3 The Owner reserves the right to hand over the site in parts progressively to the Contractor. The Contractor will be required to do the work on such released-fronts in parts without any reservation whatsoever.

22.4 The access roads near. to the work site may not be available at the time of Mobilisation of the Contractor. The Contractor shall plan his work within the plant area as per available roads at site. All drainage of works area and all other weather truckable/haulage roads as required by the Contractor shall be constructed and maintained during the construction period by the Contractor at his own cost.

23 STAFF QUARTER

23.1 Staff quarters & labour hutment at Kaniha TSTPS, RITES/NTPC, if available, may be provided to the contractor on chargeable basis at the discretion of the Engineer-in-Charge on mutually agreed terms & conditions.

24 SITE ORGANISATION

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

25 PREVENTION OF POLLUTION.

25.1 Contractor shall make necessary arrangement to prevent pollution of the water in any stream, springs, nallah, river and lakes.' 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.

26 EXPLOSIVES

26.1 Permission for the use of explosives shall be obtained from the Engineer-in-Charge and shall be used only under close supervision, if/as required.

26.2 It shall be 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.

26.3 Under no circumstances shall blasting be permitted at night. 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.

26.4 The Owner reserves the right to award the work to a single Party or to Split the work amongst two or more parties as deemed necessary without assigning any reason.



27 RETURN OF UN-USED SURPLUS MATERIALS 27.1 In case the materials issued by RITES / NTPC are left surplus then the surplus material

should be returned by the contractor in good condition to the representative of RITES/NTPC at specified depot at the time of completion determination of contract.

27.2 In case the contractor fails to return the un-used excess materials (over the actual requirement

plus 3% for wastage of consumed quantity) as indicated above, the cost of surplus materials will be recovered from the contractor at the rate to be arrived at as per relevant para below.

27.3 The rate at which the material is procured by RITES/NTPC through supplier/contractor plus

25% overhead charges approximately. 27.4 The contractor shall not be entitled for any cartage and incidental charges for returning the

surplus materials to the specified stores. 28. EXECUTION OF EXTRA ITEMS.

Any other item which has not been covered under items mentioned in BOQ shall be executed on DSR (2007) rates.

29.0 SPECIFICATION, DRAWINGS AND CODES

Following Specifications, Drawings and Codes with latest corrections/revisions are required to be followed:

(i) Authorized drawings and plans if issued for this work from time to time by RITES.

(ii) Other standard RDSO drawings and specifications for item as quoted in Schedule of Rates or otherwise applicable.

(iii) IS Codes and Specifications as applicable.

(iv) IRS Concrete Bridge Code.

(v) IRS Codes and Specifications as applicable.

(vi) IRC Codes and Specifications as applicable.

(vii) RDSO Guidelines for Earthwork in Embankment

(viii) Indian Railway Manuals including Permanent Way Manual, Bridge Manual, Works Manual etc.

(ix) E.Co.Rly. /S.C. Railway Specifications as applicable.

(x) RITES reserve the right to issue any drawing/instructions progressively.

30 COMPLETION CERTIFICATE

30.1 The Contractor shall maintain a logbook at site incorporating therein the progress of work during the execution of contract. During execution of the work, Contractor shall submit monthly progress reports and on completion shall intimate the Engineer-in-charge in writing. Within 21 days of receipt of such information the Engineer-in-charge shall physically inspect the works and logbook and shall furnish Contractor with a certificate of completion indicating

30.1.i Date of completion.

30.1.ii Defects to be rectified by Contractor. The Contractor shall remain liable for rectifying defects etc. in the work executed by him and his sub-contractor if any upto 06 months after issue of completion certificates.



30.1.iii Part of work completed for which payment may be authorized towards the charges claimed by them.

30.2 For the purpose of this clause the work shall be considered completed in full on the day when the contractor has completely removed from the premises, all sheds surplus material, rubbish etc.

31 TERMINATION

31.1 TERMINATION FOR DEFAULT

31.1.i The owner may without prejudice to any other remedy for breach of Contracts, by written notice of default sent to the contractor, terminate the contract in whole or in part.

31.1.ia If the Contractor fails to deliver any or all of the services within the time period(s) specified in the contract or any extension thereof granted by the owner in writing.

31.1.ib If the Contractor fails to perform any other obligation(s) under the contract or.

31.1.ic If the contractor, in either of the above circumstances, does not cure its failure within a period of twenty one (21) days after receipt of the default notice from the owner.

31.1.id In the event the Owner terminates the Contract in whole or in part, pursuant to para 30.1.i, the owner may get the works done, upon such terms and in such manners as it deems appropriate, similar to those not carried out by the Contractor, and the Contractor shall be liable to the Owner for any excess costs for such similar works. However, the Contractor shall continue performance of the Contractor to the extent not terminated.

31.2 TERMINATION FOR CONVENIENCE

31.2.i The owner may be written notice sent to the Contractor, terminate the contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for owner’s convenience, the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective.

31.2.ii The items of work those are completed and ready for final inspection within twenty one (21) days after the contractor’s receipt of notice of termination shall be accepted by the Owner at the Contract terms and price. For the remaining items of works the Owner may elect.

31.2.iia To have any portion completed and delivered at the contract terms and prices and/or.

31.2.iib To cancel the reminder and pay to the Contractor an agreed amount for partially completed works.

31.3 TERMINATION FOR INSOLVENCY

31.3.i The owner may any time terminated the Contract by giving written notice to the Contractor, without compensation to the Contractor, if the Contractor becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right action or remedy which has occurred or will accrue thereafter to the Owner.

31.4 Upon termination of the contract at any time for whatever reason by RITES/NTPC compensation if applicable shall be payable to the Contractor for all items of works performed satisfactorily until the date of termination. In addition the Contractor will be paid for such of those items of work, which have been partially completed as conditions stipulated under clause 30.2.ii. The contractor shall provide available documentary evidence to this effect, acceptance to RITES/NTPC.

31.5 Following issuance by RITES/NTPC of a notice of termination and prior to the effective date of such termination, the Contract shall:

31.5.i Terminate performance of work in progress under the contract on the date and to the extent specified in the notice of termination.



31.5.ii Incur no further costs for services except as necessary to complete performance of any portion of the work under the contract not terminated by the said notice.

31.5.iii Terminate all outstanding order, service contracts and sub-contracts to the extent that they relate to the performance of work terminated by the notice.

31.5.iv Transfer title and deliver to RITES/NTPC in the manner, at the times and to the extent, if any, as directed, by RITES/NTPC in the completed or partially completed items of work which, if the contract has been continued, would have been required to be furnished to RITES/NTPC.

31.6 The termination of the contract shall not relieve the contractor of its responsibilities and liabilities as per the contract for the portion of the work performed prior to the effective date of termination.

32. SUSPENSION OF WORKS.

32.1 The contractor shall, on receipt of the order in writing of the NTPC’s Engineer-in-charge, suspend the progress of 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:

i) On account of any default on part of the contractor or any of his sub-contractor or

ii) For proper execution of the works or part thereof for reasons other that fault of the contractor or sub-contractor or

iii) For safety of the works or part thereof

The contractor shall, during such suspensions, properly protect and secure the works to the extent necessary and carry out the instruction given in that regard by the Engineer-in-charge.

For the suspension being ordered for reasons (ii) and (iii) above, the contractor shall be entitles to an extension of time equal to the period of every such suspension plus 25% subject to approval of Engineer-in-charge.

33.3 SETTLEMENT OF DISPUTE

Any dispute or difference including those considered as such by only one of the parties arising out of or in connection with the contract shall be to the extent possible settled amicably between the parties.

If amicable settlement cannot be reached then all disputed issue shall be settled by arbitration as provided in clause 34.

34 ARBITRATION

34.1 Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or material used on the works or as to any other question, claim, right matter or thing whatsoever in any way arising out of or relating to the contract, designs drawings, specifications, estimates, instructions orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of the General Manager of NTPC (Kaniha TSTPS) and if General Manager/NTPC (Kaniha TSTPS) is unable or unwilling to act, some other person appointed by the Chairman & Managing Director, NTPC Ltd., will act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of NTPC Ltd., and that he had to deal with the matters to which the contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference.



The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons as aforesaid at the time of such transfer, vacation of office or inability to act, Chairman & Managing Director, NTPC Ltd., shall appoint another person to act as arbitrator in accordance with the terms of the Contract. It is also a term of this contract that no person other than a person appointed by Chairman & Managing Director, NTPC Ltd., shall appoint another person to act as arbitrator in accordance with the terms of the Contract. It is also a terms of this Contract that no person other than a person appointed by Chairman & Managing Director, NTPC Ltd., as aforesaid should act as arbitrator and if for any reason, that is not possible the matter is not to be referred to arbitrator at all.

Subject as aforesaid the provision of Indian Arbitration and Conciliation Act, 1996, the rules framed there under and any statutory modifications thereof shall apply to the arbitration proceeding under this clause.

34.1.1 It is a term of the contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under this clause together with the amount or amounts claimed in respect of each such dispute.

The arbitrator (s) may from time to time with consent of the parties enlarge the time for making and publishing the award.

The work under the Contract shall, if reasonably possible, continue during the arbitration proceedings and no payment due or payable to the Contractor shall be withheld on account of such proceedings.

The Arbitrator shall be deemed to have entered on the references on the date he issue notice to both the parties fixing the date of the first hearing. The Arbitrator shall give a separate award in respect of each dispute or difference referred to him.

The venue of arbitration shall place as may be fixed by the Arbitrator in his sole discretion.

The cost of arbitration shall be borne by the parties to the dispute, as may be decided by the arbitrator(s).

In the event of disputes or differences arising between one Public Sector Enterprise and a Govt. Department or between two Public Sector Enterprise the above stipulation shall not apply and the provisions of BPE office memorandum No. BPE/GL-0017/MAN/2/110-75-BPE/GMI dated 01.01.1976 or its amendments for arbitration shall be applicable.

34.1.2 Notwithstanding the existence of any dispute or difference and/or reference for the arbitration the Contractor shall proceed with and continue without hindrance with the performance of the work under the contract with due diligence and expedition in a professional manner and the payment due to the contractor shall not be withheld by the Owner on account of such difference or arbitration proceedings unless such payment is subject matter of the arbitration.

35 LAWS GOVERNING THE CONTRACT

35.1 This Contract shall be governed by the Indian Laws for the time being in force.

35.2 The Court of Jurisdiction shall be at Bhubaneswar, Odisha.

36 APPOINTMENT OF SAFETY OFFICER.

36.1 The Contractor or Contractor’s Engineer or Contractor’s Supervisor who is directly engaged in supervision of the work should go through General Safety awareness training programme at least for two days at any reputed organization or Training by NTPC before the start of the work. A certificate in this respect has to be obtained and submitted to Engineer-in-Charge. The EIC should not allow the work to start without this training as well as training to his workmen. Such designated safety officer can discharge the responsibility of ensuring safety at work site. Besides above daily PEP talks to be conducted at workplace for refreshing awareness.



7.0 EVALUATION OF BIDDERS 37.1 Purchase Preference shall be considered as per prevailing Govt. Rules.

37.2 The tenders will be evaluated in accordance with the criteria given in clause 2.0 of Special

Conditions of Contract. 37.3 RITES does not bind itself to accept the lowest or any tender and reserves to itself the right

of accepting the whole or any part of tender or split up the work between more than one tenderer or reject any or all the tenders without assigning any reason whatsoever and tenderer shall be bound to perform the same at the rates quoted.

37.4 If, a Tenderer expires after the submission of his tender or after the acceptance of his tender

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

37.5 The tenders submitted by the tenderers who do not meet the Qualifications Requirements

stipulated in the Tender Documents or who offer Price Bids or rates which are valid and open for acceptance/award for a period less than 90 (ninety) days from the date of opening of tenders/extended period if any, will be rejected. Earnest money of the tenders containing the above mentioned restricted validity of Price Bids or rates is liable to be forfeited.

37.6 VOID 37.6.1 VOID 38.0 Procurement, Handling, leading use, accountal and payment of 52 / 60 Kg Rails:

38.1 Procurement:

38.1a Rails as required shall be procured by RITES on behalf of NTPC and stored /stacked in

NTPC plant.

38.1b Depending upon the requirements of work, the contractor shall give his requirement schedule of rails to RITES sufficiently in advance of the date of requirement of rails (at least four (1) month in advance of the requirement), so that necessary arrangements are made by RITES for issue of rails to the contractor in time. Any failure on this account resulting in stoppage/ delay in execution of work, shall be solely on contractor’s account. The decision of the Engineer in charge of the work, in this regard, shall be final and binding on the contractor.

38.1c Upon receipt of requirement of rails from the contractors, RITES shall issue authorization

letter to the contractor to draw rails (1st / 2

nd quality only) as required for the work. However,

before issue of authorization letter by RITES to the contractor, the contractor will have to furnish a Indemnity bond to cover cost of these rails on the proforma placed as Proforma-XIII Such Indemnity bond shall be available for the period up to payment of ‘Final Bill’ to the contractor. However, the Indemnity bond shall be released by RITES on measurement, reconciliation and finalization of the quantity of rails issued to the contractor against the concerned Indemnity bond in addition, the contractor shall also provide insurance cover for the rails covering cost of rails.

38.1d On receipt of the authorization letter from RITES to contractor to collect rails from Rail stock yard of RITES/NTPC. Thereafter, the contractor shall be solely and fully responsible for the safe custody of rails.



38.2 Handling and leading of rails:

The contractor shall, as explained above, collect the rails from store and then lead them to site of work where they are required to be used. All costs towards handling, loading, leading, unloading, lifting, crossing of rivers, nallahs, etc. including spreading, pairing etc.of the rails as required for the work shall be solely borne by the contractor which will be considered included in the relevant item of work of the Schedule of Quantities and nothing extra shall be payable to the contractor on any account.

38.3 Use of rails:

The rails so issued to the contractor against the authorization letter of RITES (as stipulated

above) shall be used only in laying of tracks, in accordance with the Technical

Specifications. The contractor shall not use these rails for ‘Points & Crossing, Derailing

switches, making guard rails for bridges, check rails for level crossings, manufacture of

various type of posts etc. for which rails as required as per specifications shall be arranged

and procured by the contractor at his level and cost and then used.

38.4 Accountal of rails:

The Rails will be issued to contractor from Rail stock yard of RITES/NTPC in linear

measurement and any excess issue shall be returned by the contractor in linear

measurement. However for transportation & other purposes if any the weight shall be

calculated based on linear measurement multiplied by theoretical unit weight of rails.

Note: No allowance shall be provided for wastage. 38.5 Reconciliation of quantities:

a) The total quantity of rails consumed by the contractor for the work shall be calculated without making any allowance for wastage.

b) The aforesaid quantity of rails as worked out on the basis of linear measurement,

shall be taken as consumed on work and shall be issued to the contractor free of cost.

c) If the quantity of consumption of rails so worked out above , falls short of the quantity issued to the contractor. the excess quantity issued shall have to be returned back by the contractor to RITES/NTPC rail lengths not less than Four (4) meters. Rails lesser in length than Four (4) meters will be accepted. Such surplus rails will have to be handed over by the contractor to Engineer in charge of the work at his store at NTPC/Kaniha. All cost of handling, leading, lifting etc. on this account shall be fully borne by the contractor and no payment, whatsoever, shall be payable to the contractor on this account.

d) If the contractor fails to return the excess quantity of Rails as calculated as above,

a recovery at the rate of 2 (two) times of purchase rate per metric tone for 1st quality

rails, shall be made for the excess quantity, not returned back by the contractor from his bills.

e) Contractor should ensure proper planning/cutting of rails to use efficiently.



39 ACCIDENTS 39.1 If any accident occurs in the project area under the charge of the contractor during

the period of construction or during the defect liability / maintenance period of 06 months after the commissioning of works, causing damage to the works / assets, an inquiry shall be conducted by RITES / NTPC and if it is found in the inquiry that the accident was caused due to any negligence / failure on the part of the contractor / his staff /defective workmanship /defective material etc. attributable to the contractor, he shall be responsible to carry out all required repairs / replacement / works to the assets being maintained by him, solely at his cost. The decision of the inquiry committee in this regard, shall be final and binding. In addition, the contractor shall compensate the Railway/RITES/NTPC by payment of Rs. 5 Lacs (Rs. Five lacs) per accident in cases where the contractor / his staff / defective workmanship /defective material etc. are found responsible for the accident.

39.2 If, however, it is found in the inquiry that the contractor was not responsible in any

way for the accident and the accident occurred due to any fault on the part of Railway/RITES/NTPC any other cause, the contractor shall not be responsible for carrying out the require repairs / replacements/ works at his cost.

39.3 Not withstanding as to who is responsible for the accident, the contractor, if required

by 39.4 The agency shall immediately carry out all the required repairs / replacements / works

to the assets being maintained by him, at accident site and in case he is not found responsible for the accident as indicated above, he shall be paid for the works / replacements/repairs as per schedule of rates as accepted in Schedule of Quantities. For additional items if any, the payment shall be governed by provisions of Contract. In any case, the contractor shall not delay the restoration work at accident site and shall carry them out immediately on instructions from RITES/NTPC. Any failure in this regard (delay in restoration work) shall be treated as breach of contract and the contractor shall be liable to pay a penalty of Rs. 16000/- per day for the days the restoration work is not taken up by the contractor to the satisfaction of the Engineer-in- Charge.

39.5 The tender documents are complementary to each other. In case of any dispute the

order of preference of document shall be as under:

• Bill of Quantities (BOQ) • Drawings (if any)

• Technical Specifications • Notice Inviting Tenderers & Instructions to tenderers

• Additional conditions ( if any) • Special conditions of contract • General Conditions of contract

The decision of Engineer-in-charge shall be final and binding of contract.

40.0 NOTE : Any clauses which are not relevant/related to this contract shall be treated as

cancelled. The decision of the Engineer-in-charge shall be final and binding in this regard.

The person having Power of Attorney of the bidder, is required to sign and stamp at each and every page including Annexures.



Proforma-I

FORM OF BANK GUARANTEE TOWARDS SECURITY DEPOSIT

(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE IN THE NAME OF THE BANK) To General Manager(P) RITES Ltd Bhagwan Tower Cuttack Road Bhubaneswar Name of the work : Dear Sir(s) 1) In consideration of RITES LTD, representing through ……………. having his Office at

registered office at SCOPE Minar, Laxminagar, Delhi – 110 092 and its Corporate office at RITES Ltd, RITES Bhawan, Plot No.1, Sector-29, Gurgaon (Haryana) having agreed to exempt M/s _____________________________ (hereinafter called “the Contractor”) from the demand, under the terms and conditions of an Agreement No. _________ dated _______ made between the RITES LTD and the Contractor for (name of work) ________________-- (hereinafter called “the said Agreement”) of security deposit for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs. _________ Only) we ________ (hereinafter referred to as the Bank) at the request of M/s ______________ (Contractor) do hereby undertake to pay to RITES LTD an amount not exceeding Rs.____________ only against any loss or damage caused to or suffered or would be caused to or suffered by RITES LTD by reason of any breach by the said Contractor of any of the terms & conditions contained in the contract concerning supply of _________ and their use on the work covered under the said agreement.

2. We, ______________ do hereby undertake to pay the amounts due and payable under

this guarantee without any demur, merely on a demand from RITES LTD stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by RITES LTD by reason of breach by the said contractor of any of the terms and conditions contained in the said Agreement 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 due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ________ (Rupees _______ only)

3. We, undertake to pay to RITES LTD any money so demanded notwithstanding any dispute

raised by the Contractor in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal.

The payment so made by us under this Guarantee Bank shall be a valid discharge of our liability for payment thereunder and the contractor/supplier shall have no claim against us for making 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 taken for the Performance of the said agreement and that it shall continue to be enforceable till all the dues of RITES LTD under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till RITES LTD has certified that the terms and conditions of the said Agreement have fully and properly satisfied by the said contractor and accordingly discharges this guarantee made by us in writing on or before _____, We shall be discharged from all liability under this guarantee thereafter.

5. We, _________ (name of the Bank) further agree with RITES LTD that RITES LTD shall

have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of Performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by RITES LTD against the said contractor and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor or for any forbearance, act or omission on the part of RITES LTD or any indulgence by RITES LTD to the said contractor or any 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 the change in the constitution of the Bank or

the Contractor. 7. We, __________ (name of the Bank) lastly undertake not to revoke this guarantee during its

currency except with the previous consent of RITES LTD in writing. 8. Notwithstanding anything contained herein above our liability under this guarantee shall:

a) be limited to a sum of Rs.________________(Rupees ______________only) b) stand completely discharged and all rights under this guarantee shall stand

extinguished if no claim or demand made upon us in writing on or before For ___________________________ (indicate the bank name) Bank Guarantee No.__________________________ Date_________________________



Proforma-II

FORM OF ADVANCE MOBILISATION LOAN

(BANK GUARANTEE) (ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE IN THE NAME OF THE BANK) To General Manager(P,) RITES Ltd Bhagwan Tower Cuttack Road Bhubaneswar Name of the work : Dear Sir(s) 1) In accordance with provisions of the conditions of contract for release of Mobilisation Advance

carrying simple interest @ 12% per annum on the above mentioned contract, M/s ________________________________________________ (Name and address of Contractor) shall deposit with RITES LTD representing through ……………. having the registered office at SCOPE Minar, Laxminagar, Delhi – 110 092 and its Corporate office at RITES Ltd, RITES Bhawan, Plot No.1, Sector-29, Gurgaon (Haryana) acting for and on behalf of the NTPC a bank guarantee to guarantee his proper and faithful performance under the relevant clauses of the contract for an amount of (Amount of Guarantee) Rs.________________ We, (the bank_____________ as instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and nor as surety merely, the payment of RITES/Bhubaneswar on his first demand without whatsoever right of objection on our part and without his first claim to the Contractor, the amount not exceeding (amount of Guarantee) Rs.________________________ (Rupees in words)______________ only) in the event that the obligation expressed in the clauses of the above mentioned Contract have not been fulfilled by the Contractor giving the right of the claims to the Employer for recovery of the whole or part of the Mobilisation Advance from the Contract under the Conntract.

2) We, ______________ do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from RITES LTD stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by RITES LTD by reason of breach by the said contractor of any of the terms and conditions contained in the said Agreement 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 due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ________ (Rupees _______ only)

3) We, undertake to pay to RITES LTD any money so demanded notwithstanding any dispute raised by the Contractor in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the contractor/supplier shall have no claim against us for making 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 taken for the Performance of the said agreement and that it shall continue to be enforceable till all the dues of RITES LTD under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till RITES LTD has certified that the terms and conditions of the said Agreement have fully and properly satisfied by the said contractor and accordingly discharges that guarantee. Unless a demand or claim under this guarantee is made by us in writing on or before _____, We shall be discharged from all liability under this guarantee thereafter.



5) We, _________ (name of the Bank) further agree with RITES LTD that RITES LTD shall have

the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of Performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by RITES LTD against the said contractor and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor or for any forbearance, act or omission on the part of RITES LTD or any indulgence by RITES LTD to the said contractor or any 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 the change in the constitution of the Bank or the

Contractor. 7) We, __________ (name of the Bank) lastly undertake not to revoke this guarantee during its

currency except with the previous consent of RITES LTD in writing. 8) Notwithstanding anything contained herein above our liability under this guarantee shall:

a) be limited to a sum of Rs.________________(Rupees ______________only) b) stand completely discharged and all rights under this guarantee shall stand extinguished

if no claim or demand made upon us in writing on or before

We further agree that no change or addition to or other modification of the terms of the contract or of works to be performed there under or of any of the Contract documents which may be made between RITES/Bhubaneswar shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall remain valid and in full effect from the date of advance payments under the contract until RITES/Bhubaneswar received full repayment of the same amount from the contractor. Yours truly,__________________________ Signature and seal__________________________ Name of the Bank/Financial Institution Address________________________________ Date_________________________



Proforma-III

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 RITES having their office at ______________ acting for and on behalf of ________ (the Employer) as Agent and Power of Attorney Holder. On this ________ day of _______ 2004. WHEREAS M/s.RITES appointed as the Consultants for the Project Management for and on behalf of ___ (the Employer) for the construction of ________ at ________ vide Tender No._________ THIS DEED WITNESSETH AS FOLLOWS: I/We, _______________ (Name of Contractor)_____________-- hereby do indemnify and save harmless RITES having their office at ____________________ from 1. Any third party claims, civil or criminal complaints / liabilities site mishaps and other accidents or disputes and / or damages occurring or arising out of any mishaps at the site due to faulty work, negligence, faulty construction and / or for violating any law, rules and regulations in force, for the time being while executing / executed civil works by me / us. 2. Any damages, loss or expenses due to or resulting from any negligence or breach of duty on the part of me / us or any sub contractor/s if any, servants or agents. 3. Any claims by an employee of mine / ours or of sub-contractors if any, under the workman compensation act and employers’ Liability act, 1939 or any other law rules and regulations in force for the time being and any acts replacing and / or amending the same or any of the same as may be in force at the time and under any law in respect of injuries to persons or property arising out of and in the course of execution of the contract work and / or arising out of and in the course of employment of any workman / employee. 4. Any act or omission of mine / ours or sub-contractor/s if any, our / their servants or agent which may involve any loss, damage, liability, civil or criminal action. IN WITNESS WHEREOF THE ______________________________ HAS SET HIS / THEIR HANDS ON THIS DAY OF _______________ 2012. SIGNED AND DELIVERED BY THE AFORESAID IN THE PRESENCE OF WITNESS: 1.______________ 2.______________



Proforma-IV

FORM OF BANK GUARANTEE TOWARDS………………………………

(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE IN THE NAME OF THE BANK) To General Manager(P) RITES Ltd Bhagwan Tower Cuttack Road Bhubaneswar Name of the work : Dear Sir(s) 1) In consideration of RITES LTD, representing through its……………. having the registered office

at SCOPE Minar, Laxminagar, Delhi – 110 092 and its Corporate office at RITES Ltd, RITES Bhawan, Plot No.1, Sector-29, Gurgaon (Haryana) acting for and on behalf of the NTPC to supply of ________ free of cost to M/s _____________________________ (hereinafter called “the Contractor”) which expression shall where the context so admits or implies be deemed to include his heirs, executors, administrators and assigns, under the terms and conditions of an Agreement No. _________ dated _______ made between the RITES LTD and the Contractor for (name of work) ________________ (hereinafter called “the said Agreement”) for the due fulfillment by the said Contractor(s) of the terms and conditions contained in the said Agreement, on production of a Bank Guarantee for Rs. _________ Only) we ________ (hereinafter referred to as the Bank) at the request of M/s ______________ (Contractor) do hereby undertake to pay to RITES LTD an amount not exceeding Rs.____________ only against any loss or damage caused to or suffered or would be caused to or suffered by RITES LTD by reason of any breach by the said Contractor of any of the terms & conditions contained in the contract concerning supply of _________ and their use on the work covered under the said agreement.

2) We, ______________ do hereby undertake to pay the amounts due and payable under this

guarantee without any demur, merely on a demand from RITES LTD stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by RITES LTD by reason of breach by the said contractor of any of the terms and conditions contained in the said Agreement 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 due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. ________ (Rupees _______ only)

4) We, undertake to pay to RITES LTD any money so demanded notwithstanding any dispute

raised by the Contractor in any suit or proceeding pending before any Court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment there under and the contractor/supplier shall have no claim against us for making 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 taken for the Performance of the said agreement and that it shall continue to be enforceable till all the dues of RITES LTD under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till RITES LTD has certified that the terms and conditions of the said Agreement have fully and properly satisfied by the said contractor and accordingly discharges that guarantee. Unless a demand or claim under this guarantee is made by us in writing on or before _____, We shall be discharged from all liability under this guarantee thereafter.



5) We, _________ (name of the Bank) further agree with RITES LTD that RITES LTD shall have

the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of Performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by RITES LTD against the said contractor and to forbear or enforce any of the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor or for any forbearance, act or omission on the part of RITES LTD or any indulgence by RITES LTD to the said contractor or any 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 the change in the constitution of the Bank or the

Contractor. 7) We, __________ (name of the Bank) lastly undertake not to revoke this guarantee during its

currency except with the previous consent of RITES LTD in writing. 8) Notwithstanding anything contained herein above our liability under this guarantee shall:

a) be limited to a sum of Rs.________________(Rupees ______________only) b) stand completely discharged and all rights under this guarantee shall stand extinguished

if no claim or demand made upon us in writing on or before____ For ___________________________ (indicate the bank name) Bank Guarantee No.__________________________ Date_________________________



Proforma-V

FORM OF AGREEMENT

Agreement No._______________________________ dated _______________________ THIS AGREEMENT is made on ________ day of ____ two thousand twelve between RITES Ltd., a Govt. of India Enterprise and a Company registered under Companies Act, 1956 having its registered office at SCOPE Minar, Laxminagar, Delhi – 110 092 and its Corporate office at RITES Bhawan, Plot No.1, Sector-29, Gurgaon (Haryana) and having the Regional Project Office, Bhagwan Tower, 1

st Floor, Cuttack Road, Bhubaneswar-751006 representing through General

Manager (Project) RITES Limited acting for and on behalf and as an agent / Power of Attorney Holder of NTPC Ltd, Talcher Super Thermal Power Station, Kaniha hereinafter called the Employer (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 the Contractor (which expression shall wherever the context so demands or requires, include his/their successors and assigns) of the other part. WHEREAS the Employer is desirous that certain works should be executed viz. (brief description of the work) …………………………. and has by Letter of Acceptance No. …………….. dated………. accepted a tender submitted by the contractor for the execution, completion, remedying of any defects therein and maintenance of such works at a total Contract Price of Rs…………………………. (Rupees ……………………………….. only). Now THIS AGREEMENT WITNESSENTH as follows:

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

2. The following documents in conjunction with Addenda/Corrigenda to Tender Documents shall be deemed to form and be read and construed as part of the agreement viz:

a) This Form of Agreement b) The Letter of Acceptance c) The Schedule of Quantities d) Notice Inviting Tender and Instruction to Tenderers. e) The Technical Specifications f) The Special Conditions of Contract g) Tender Documents h) Drawings (if any) i) Amendment/Errata No.1 to GCC j) The General Conditions of Contract

3. In consideration of the payment to be made by the Employer to the contractor as hereinafter

mentioned, the contractor hereby covenants with the construction Employer to execute, complete, remedy defects therein and maintain the works in conformity in all respects with the provisions of the contract.

4. The Employer thereby covenants to pay to the contractor in consideration of the execution,

completion, remedying of any defects therein and maintenance of the works, the contract price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the contract.



In WITNESS where of the parties here to have caused their respective common seals to be hereinto affixed (or have herewith set their respective hands and seals) the day and year first above 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.__________________________



Proforma-VI

Letter of Acceptance and Work Order

(By Regd. Post/Ack. due)

No.

Dt:

To,

Sub: Name of work

Ref:

Dear Sirs,

This is to notify you that your offer/tender for the subject work has been accepted by the

Competent Authority of RITES Limited for a total Contract Price of Rs.___________ as detailed

in the enclosed Bill of Quantities in its capacity as an Agent /Power of Attorney Holder acting

for and on behalf of NTPC Ltd, Talcher Super Thermal Power Station (the Employer).

Pursuant to clause No.8 of the Special Condition of Contract, your are required to furnish

irrevocable Performance Guarantee for an amount equivalent to 10% (ten percent) of the

contract price. The Guarantee of amount of Rs.____________ (Rupees …………………………………..

only) is required to be submitted within 15 days of issue of this Letter of Acceptance and shall

be valid for a period of 120 days beyond the defect liability/maintenance period.

Completion Period / Commencement of Work: The entire scope of work covered under this

contract shall be completed within _______ months, the date of commencement shall be

reckoned 15 days from the date of issue of Letter of Acceptance /Purchase order / Handing

over of site, which ever is earlier as per clause No.12 of SCC.

Security Deposit: Earnest Money of Rs.__________ (Rupees………………………….. only)

deposited by you along with your offer in the form of D.D. vide No.________ dated _________

from (Name of Bank) payable at …………. Branch will be retained by RITES / NTPC as a part of

Security Deposit.

As per provisions of clause No.7 of SCC, you are requested to submit a Bank Guarantee from

any Nationalized / Scheduled Bank for Rs.__________/- (Rupees ……………………… only) as per

proforma enclosed (Annexure-II) to have security deposit of 50% (fifty percent) of total

Security i.e. Rs.__________/- (Rupees …………………….. only) after duly adjusting the Earnest

Money Deposit already deposited by you and subsequently converted in to initial Security

Deposit. Recovery of balance amount of Security Deposit & release of the same will be as per

clause No.7 of Special Conditions of Contract of tender documents.



You are requested to contact Sri ……………………………………., RITES Ltd, Bhubaneswar, Engineer-

in-charge or any representative duly authorized for taking possession of the site and starting

the works.

Maintenance Period: The period of maintenance / defect liability period shall be ………..

months reckoned from the date of issue of the completion certificate by the Engineer-in-

Charge and handing over of works to RITES / NTPC on completion as per clause No.19 of SCC.

Agreement: You are also requested to attend this office within thirty days from the date of

issue of this Letter of Acceptance for execution of formal agreement as per clause no.15 of

Instruction to Tenderers, you are requested to submit Stamp paper of appropriate value within

15 (fifteen) days of issue of this Letter of Acceptance to this effect. It may be noted that no

payment shall be made for any work carried out by you till the agreement is executed.

This letter of Acceptance is being issued in triplicate to commence the work immediately. You

are requested to return two copies duly signed and stamped as token of your unconditional

acceptance within (07) seven days from the date of issue of this letter of Acceptance.

Kindly note that until a formal agreement is entered, this Letter of Acceptance shall constitute

a binding contract between us.

Yours faithfully,

Encl:

(………………..)

General Manager (Projects)

RITES Ltd/Bhubaneswar

For & on behalf of M/s NTPC Ltd

Copy to:



Proforma-VII

Form of Performance Security Bank Guarantee Bond

In consideration of the Employer having agreed under the terms and conditions

of contract made vide his Letter of Acceptance (LOA) No.-----------------------------dated

------------- between ………………………… (the Employer) represented by RITES Ltd,

Regional Project Office, Bhagwan Tower, Cuttack road, Bhubaneswar-751006 for

and on behalf of the Employer as an Agent/Power of Attorney Holder and M/s -----

--------------- ------------------------------------ (hereinafter called "the said Contractor)

for the work -“---------------------------------” (herein after called the said Agreement")

the Contractor having agreed to production of a irrevocable Bank Guarantee for Rs.-

----------------- as a Security/Guarantee for compliance of his obligations in

accordance with the terms and conditions in the said Agreement,

1. We ----------------------- (indicate the name of the Bank) (hereinafter referred to as

" the Bank” hereby undertake to pay to the RITES LTD acting for and on behalf of

the Employer as an A gent/Power of Attorney Holder, an amount not exceeding

Rs.----------------------------) on demand by RITES Ltd for and on behalf of the

Employer as an Agent/Power of Attorney Holder. 2. We ------------------(indicate the name of the Bank) do hereby undertake to pay the

amounts due and payable under this Guarantee without any demur, merely on a

demand from by RITES Ltd for and on behalf of the Employer as an Agent/Power

of Attorney Holder stating that the amount claimed is required to meet the

recoveries due or likely to be due from the said Contractor. Any such demand

made on the Bank shall be conclusive as regards the amount due and payable by

the Bank under this Guarantee. However, our liability under this Guarantee shall

be restricted to an amount not exceeding Rs.--------------------------

3. We, the said Bank further under take to pay to the Employer represented by RITES

Ltd. for and on behalf of the E mployer as an A gent/Power of Attorney Holder

any money so demanded not withstanding any dispute or disputes raised by the

Contractor in any suit or proceeding pending before any court or Tribunal relating

there to, our liabilities under this present being absolute and unequivocal. The

payment so made by us under this Bond shall be a valid discharge of our liability

for payment thereunder and the Contractor shall have no claim against us for

making such payment.

4. We - - - - - - - - - (Indicate the name of the Bank) further agree that the Guarantee

herein contained shall remain in full force and effect during the period that would

be taken for the performance of the said Agreement and that it shall continue to

be enforceable till all dues of the Employer represented by RITES Ltd for and on

behalf of the E mployer as an A ge nt/ Power of Attorney Holder under or by virtue

of the said Agreement have been fully paid and its claims satisfied or discharged or

till Engineer-in-Charge on behalf of the Employer represented by RITES Ltd for and

on behalf of the E mployer as an A gent/Power of Attorney Holder certified that the

terms and conditions of the said Agreement have been fully and properly carried

out by the said Contractor and accordingly discharges this Guarantee.



5 We ------------------------- (indicate the name of the Bank) further agree with the

Employer presented by RITES Ltd for and on behalf of the Employer as an Agent

/Power of Attorney Holder that the Employer shall have the fullest liberty without

our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said Agreement or to extend time of

performance by the said Contractor from time to time or to postpone

for any time or from time to time any of the powers exercisable by the

Employer against the said Contractor (s) and to forbear or enforce any of the terms

and conditions relating to the said Agreement and we shall not be relieved from our

liability by reason of any such variation, or extension being granted to the said

Contractor or for any forbearance, act of omission on the part of the Employer or

any indulgence by the Employer to the said Contractor or by any 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 the change in the constitution of the

Bank or the Contractor.

7. This Guarantee will neither be cancelled nor revoked by the bank without the

written authorization of the beneficiary (RITES Ltd.). For this purpose the

beneficiary would inform the Bank of their authorized signatories together with the

specimen signatures.

8. This Guarantee shall be valid up to ------------------unless extended on demand by

the Employer represented by RITES Ltd for and on behalf of the Employer

as an Agent/Power of Attorney Holder. Not withstanding anything mentioned

above, our liability against this guarantee is restricted to Rs.--------------------

--------- and unless a claim in writing is lodged with us within six months of the

date of expiry or the extended date of expiry of this Guarantee, all our liabilities

under this Guarantee shall stand discharged.

Dated the -------------------- day of ------------------ for ------------------ (indicate the

name of the Bank)".

1. Signature:

2. Name:

3. Designation:

4. Code No.:

Witness:

1.

2.

Note : To be put in sealed cover by Bank and addressed to the concerned officer of

RITES Ltd.



Technical Specifications for Permanent Way works



Technical Specifications for Permanent Way works

Index

Clause No.

Description Page No.

(A) Permanent Way works

1.0 Materials 165

1.2 Rail fastenings 165

1.3 60Kg Mono block Pre-stressed concrete sleepers 165

1.4 PSC sleeper fittings 165-166

1.6 Ballast 166

(B) Laying of Permanent Way works

1.0 Track structure 166

1.1 Components 166

2.0 Procurement of materials 167

2.4 Ballast 167

3.0 Linking 167

4.0 Sleeper spacing 168-171

5.0 Joint out of square 171

6.0 High joint 171

7.0 Low joint 171

11.0 Curves 171-172

12.0 Longitudinal level of track 172

13.0 Kilometer & Gradient posts 172

14.0 Ballasting 172-173

15.0 Concrete Sleepers 173

16.0 Rails 173

17.0 Welding of rail joints 173-175

18.0 Bridges 175-176

19.0 Level Crossings 176

20.0 Points & Crossings 176

20.1 Fan type turnouts 176

20.2 Fan shape layout Assembly 177

20.3 Disposition of Sleepers 177

20.4 Approach sleepers 178-181

21.0 Fouling Marks 181

22.0 Glued Joints 181

23.0 Follow up packing 181-182

24.0 Final Adjustment and packing 182

25.0 Specification for finished works 182-183

26.0 Maintenance/Defect liability period 184

27.0 Handing over of track by the contractor to NTPC/RITES 184

28.0 Specification of Thermit Welding 184



SPECIAL CONDIONS AND SPECIFICATIONS FOR SUPPLY OF BALLAST

Clause No.

Description Page No.

1.0 Ballast supply 186-187

2.0 Specification for track ballast June’2004 187-189

3.0 Method of measurement 189-190

4.0 Sampling and testing 190-191



(A) Technical specifications for permanent way works 1.0 Materials

The track shall consist of following elements:- 1.1 Rail 60 Kg./52 Kg/T-12/90 UTS flat bottom (1st quality as specified in schedule of

quantity) as per I.R. Specification T-12/96 with up to date amendments. 1.2 Rail fastenings 1.2.1 52kg Fish Plates to RDSO Drg. No. T-090 (M) Cor. 6 of July 92, in length of 610mm

to IRS specifications No. T 1-66. 1.2.2 Fish Bolts 25mm Dia with nuts to RDSO Drg. No, 11501 – IRS Specification T-23/67. 1.3 60kg Mono block Pre-stressed concrete sleepers as per IRS Specification

T-39/1996. 1.3.1 For plain track on straight & curves of radius > 350m to Drg. No. T-2496 with

modifications, if any. 1.3.2 For curves laid on sharper than 50 (Radius <350m) with check rails as per Drg. No.

RDSO/T-5738 to T-5740 for track gauge of 1675, 1677 & 1679 with uses of normal liners.

1.3.3 For level crossing to RDSO Drg. L No. T-4148A with modifications, if any. 1.3.4 For ballasted deck bridges as per RDSO drawing no. T-4088-4097. 1.3.5 For 3 rail panel (SWP). Joint Sleepers will be as per RDSO Drg. No.T-4322 for

52/60 kg with ERC clips as per RDSO Drg. L No. T-4158. 1.3.6 For bridge approaches of Girder bridges for provision of Guard rails as per RDSO

Drg. No. T-4088 to 4097 1.4 PSC Sleeper Fittings: The sleepers shall be normally 60 kg as per RDSO drg.

No. T-2496 and sleeper fittings shall be for 52 / 60 kg rail section on 60 kg sleepers as per specifications and drawings.

1.4.1 Grooved Rubber Sole Plate 6mm thick to RDSO Drg. No. T-3703/ALT-1 / T-3711. 1.4.2 Elastic Rail Clips to RDSO Drg. No. T-3701. IRS Specification T-31/1992. 1.4.3 Glass Filled Nylon (GFN) Liners (GFN-66 insulating liners for 52 kg Rails on 60 kg

sleepers as per RDSO Drg. No. T-2496.) as per RDSO drawing no. T-3702. IR Specification T-44/95 / T-3706 IRS 226/1975.

1.4.4 Metal Liners as per RDSO drawing no. T-3738 / T-3740



1.5 Steel channel sleepers for girder bridges and track fittings shall be to suit steel plate

girder as per RDSO Drg. No. RDSO/B-16008 1.6 Ballast

Track ballast machine crushed, conforming to RDSO specifications of Track ballast, June 2004 with up to date modifications thereto, shall be procured and used on the work.

Note: The word IRPWM where ever used in these specifications shall mean

`Indian Railway Permanent Way Manual’ 1986 reprinted in 2004 with up to date correction slip.

(B) Technical Specifications for laying of permanent way works 1.0 Track Structure 1.1 Components

The track shall consist of the following elements. i) Rails 52/60 kg/T-12, 90 UTS flat bottom (1st quality) ii) Rail fastenings – Fish plates 52/60 kg, with bolts and nuts. iii) Monoblock pre-stressed concrete sleepers for plain tracks, level crossings,

bridges, fish plated joints, girder bridge approaches, fan type turnouts. iv) Guard rails on bridges, check rail on level crossings. v) Fittings for sleepers – grooved rubber sole plates, elastic rail clips Mark – III

(RDSO drawing no. T-3701) for normal track and Elastic rail – J-clips for fish plated rail joints to RDSO Drg No. T-4158, GFN liners, metal liners.

vi) Track Ballast as per RDSO Specifications of June 2004 vii) Gradient posts, KM posts, curve monuments, curve boards, whistle boards,

W/L broadly creep posts and other boards and indicators etc., as per IRPWM.

viii) Points and crossings. ix) Steel Channel sleepers for girder bridges and tract fittings. x) Glued Joints.

1.2 The track will be laid on monoblock PSC Sleeper as specified in Schedule of Quantities. The ballast cushion will consist of Track ballast as per RDSO specifications to a depth of 250mm below the bottom of sleepers as measured under the rail seat.

1.3 The mono block PSC sleepers shall be laid @ 1540 nos/km as specified in chapter

XIV of IRPWM for main line and @ 1340 nos./km for loops and sidings in yards 1.4 Guard rail to be provided at all major bridges as per para 275 of IRPWM. 1.5 Check Rail at level crossings.



2.0 Procurement of Materials:

2.1 All the materials and equipment required for track construction shall be procured from the suppliers/manufactures approved by Rly./RDSO duly inspected by RITES/RDSO.

2.2 Other track materials for which approved manufacturers/suppliers are not available, shall be procured from sources after getting them approved/inspected from RITES

2.3 All the materials shall be got inspected and passed from the Railway’s authorized

inspecting agencies such as RDSO/Rly/RITES etc. and certificates obtained to this effect which will be submitted to site Engineer-in-charge.

2.4 Ballast

a) The Contractor shall procure, at his own cost, track ballast conforming to RDSO’s specifications for Track Ballast, June 2004 with up to date correction slips, of approved quality for use on all lines with 250mm cushion. The test reports for the ballast for quality as required should be submitted to NTPC/RITES for approval before ballast is brought to site. Ballast should be supplied in stacks on leveled ground along the proposed alignment either on owner’s land or land temporarily arranged by the contractor for which no extra payment will be made.

3.0 Linking

3.1 The formation shall be constructed and mechanical compaction shall be done as per RDSO `Guidelines for Earthwork in Railway Projects’ Guideline no.GE:G-1, July 2003

3.1.1 Dismantling & Re-linking

Dismantling of existing track structure with 90R/52 kg/60 Kg single rail/ 3 rail panel (SWP) & stacking the same duly segregated as per direction of site engineer with a lead of 30m of track and relaying the same raising of existing bridges including formation duly recouping the missing/damaged fittings i.e. sleepers, fish plate with bolts & nuts, liners, ERC, GR Pad etc. Contractors to please note that existing track structure is in good working condition & it is assumed that all fittings are also in good condition so contractor’s are advised to dismantle the track carefully and keep the same in safe custody. Before re-linking all the materials/fittings to be checked by the authorized Engineer, supervisor of the contractor along with Engineer In charge of NTPC/RITES. Damaged fittings/materials shall be replaced by new one. This aspect may be kept in view while quoting the rates.

a. Lift the track to the required level as directed by Engineer in-charge or his

authorized representative at site. b. c. Rails shall be connected by means of pair of fish plate in the first in stance

only with two bolts and nuts, one in each rail. The fishing planes of the fish plates and rail are to be greased. Proper size of expansion liners are to be provided at the joints to ensure correct expansion gaps. Cutting of rails where necessary, will be done to suit squaring of joints.



d. All the drilled bolt holes are to be chamfered by chamfering tools.

e. Paint mark shall be made on the rails showing the spacing of sleepers as directed by Engineer-in-Charge at site.

4. Sleeper spacing:

Sleeper spacing for fish-plated joints having 13m/12m single rails:

Sleeper spacing M+7 density M+4 density

13m 12m 13m 12m 11m

i) Rail ends to centre of sleeper 15cm 15cm 15cm 15cm 15cm

ii) Centre of joint sleeper to centre of 1st shoulder sleeper

61cm 60cm 61cm 60cm 60cm

iii) Centre of 1st shoulder sleeper to centre of 2nd shoulder sleeper


iv) Centre of 2nd shoulder sleeper to centre of intermediate shoulder sleeper


a. Sleeper spacing for SWP of 3X13m/3X12m/3X 11m rails:

Sleeper spacing M+7 density M+4 density

39m 36m 39m 36m 33m

i) Rail ends to centre of sleeper 15cm 15cm 15cm 15cm 15cm

ii) Centre of joint sleeper to centre of 1st shoulder sleeper



61cm 62cm 75cm 67.5cm 68cm


66cm 64cm 78cm 77cm 77.5cm

b. Sleeper spacing for curve with Mid-staggered Joint: Sleepers =18 nos. per single rail length.

Sleeper spacing 18 sleeper per rail

13m 12m

i) Rail ends to centre of sleeper 15cm 15cm

ii) Centre of joint sleeper to centre of 1st shoulder sleeper 65cm 65cm


75cm 70cm


85cm 75cm



4.1 Full quantities of small fittings are to be fitted completely after slewing

the track to correct alignment as directed by Engineer-in-Charge at Site.

4.2 The track so linked shall be aligned correctly to the alignment pegs given or as directed by Engineer till it takes correct position and the remaining two bolts to be fixed in fish plated joints.

4.3 During the above process, alignment, adjustment and squaring of sleepers, gauging, Cross level and longitudinal levels should be checked and rectified by doing packing as directed.

4.4 The operation of spreading of stone ballast, lifting and packing should continue till such time the track attains final level and shape.

4.5 Greasing of fish plates, fish bolts and nuts with lubricating oil and graphite grease to be done by cleaning fishing planes of rail ends with wire brush.

4.6 Screening of Track should be done as per Indian Railways Permanent Way Manual Para-238 and as per direction of Engineer- in- Charge. For screening work, required wooden blocks & wedges are to be arranged by the contractors. No extra payment will be made for arranging wooden blocks.

4.7 The works should be executed in a workman like manner to the satisfaction of the Engineer-in-Charge at site. The contractor will be primarily responsible for Safety of traffic that moves on opened up track, not withstanding the presence of RITES representative at site.

4.8 Lifting and spreading of stone ballast includes all lead, lift, ascent, descent, crossing road/ railway, handling as required for packing tracks from the stacks measured and passed already including all labour, tools and plants for the operation and the same will be arranged by the contractor at his own cost. The payment for spreading will be made based on measurement of ballast supplied in stacks.

4.9 Pulling out of ballast on to the formation by ballast rakes and boxing is to be done as per specified profiles. Proper templates and loglines should be used. The width at the shoulder should be as directed by Engineer-in-Charge which will normally be not less than 3.35 metre (11'-0") and not more than 3.66 metre (12'-0").

4.10 No ballast should be wasted on the slopes of banks or in cuttings or any places.

4.11 After the ballast is measured, the Contractor shall spread it on top

of the blanketing surface/formation/in the track with standard profile. After spreading, the ballast profile should be consolidated.

4.12 The thickness of the finished ballast spread should be as specified

by the Field Engineer, and the layer should be dressed and boxed to proper profile and dimensions.



4.13 Through packing of railway track on any type and any density of

sleepers which will consist of – (i) Opening of the road, (ii) Examination of rails, sleepers and fastenings, (iii) Squaring of sleepers, (iv) Slewing of track to correct alignment, (v) Gauging, (vi) Packing of sleepers including lifting & leveling, (vii) Repacking of joint sleepers, (viii) Boxing of ballast section & tiding.

4.14 The length of track to be opened out on any day must not be more than that

can be efficiently tackled by the end of the day. Broken or missing fittings are to be replaced and loose ones tightened. Cross drains are to be provided at mid section each rail except sharper curve track. On sharper curve track the cross drains are to be provided as per direction of Engineer in-charge.

4.15 Through packing of points and crossings 1 in 8.1/2 or diamond x-over will

comprise opening out of ballast, squaring of sleepers, replacing or readjusting fittings to keep correct gauge clearances of check rail, wing rails, etc. including lifting or lowering as necessary and packing all the sleepers in the points and crossings efficiently and finishing all works with boxing and dressing of the shoulder ash ballast neatly. All bolts and nuts including crossing bolts, check rail bolts, slide chairs, tongue rails, heel block bolts etc. are to be properly oiled and greased also.

4.16 Picking up slacks will include lifting and packing of sleepers where

necessary, attention to all fittings and fastenings, adjusting gauge, cross level and longitudinal level, cleaning of drain etc. as directed by the RITES' representative at site at specified scattered locations. The work should be neatly finished with proper boxing.

4.17 Any sleeper which have shifted from correct spacing or gone out of square

shall be moved back and square after loosening the fastenings. The fastenings shall be tightened again after squaring.

4.18 The track shall be slewed to correct alignment by sighting along the rail

head of the base rail. It should be ensured that track does not get lifted in the process of slewing.

4.19 The track shall then be given a final packing. For this, sighting shall be

done along the base rail and any dip or low joint are found, the same are to be attended for its correction by packing of sleepers. After the base rail is thus packed for two or three rails length, the cross level should be checked and the opposite rail lifted wherever necessary and sleepers under the rail seat packed.

4.20 The joint and shoulder sleepers shall be re-packed and cross level

adjusted at the time of each through packing of sleepers.



4.21 Oiling and greasing hand operated points will include adjusting the point

Roding and fixing hand lever frame, where found necessary by means of spikes with the sleepers for smooth operation of the point and adjusting the opening between tongue rail and stock rail. For any bent tongue rail, if required, Jim-crowing may have to be done and the gap adjusted as required. Blacksmith and other staff for this work, as required, will be deputed by the Contractor at his cost. Oil & Grease to be supplied by the Contractor at his own cost.

5. Joint out of square :

i) On straight = (+) or (-) 10mm; ii) On curves = 1/2 pitch of fish bolt holes.

6. High Joint: Permissible upto 2mm.

7. Low Joint: Not permissible.

8. All the elastic rail clips should be thoroughly cleaned. Grease to IS:400-

1981 (Specifications for Grease No. 'O' Graphite) should then be applied on Central leg of the E.R.C. and eye of Inserts and then the clip should be driven at the time of assembly. The rate accepted includes the cost of the grease as per specifications and labour.

9. During execution of the work, contractor should arrange for protection of track and displaying the signals as per extent rule of Indian Railways.

10. All the P. Way tools such as (a) Rail tongs, (b) Crow bars, (c) Fishing

spanners, (d) Hammers, (e) Keying hammers, (f) Cotter splitters, (g) Shovels,(h) Mortar Pans, (i) Beaters, (j) Track Lifting Jacks, (k) Gauges,(l) Level Board, (m) Spirit levels, (n) Cant Board, (o) Expansion Liners,(p) Wooden Squares, (q) Steel Tape (r) Wire brushes, (s) Cotton waster,(t) Rake Ballast, (u) Chamfering tools, (v) Soap as required for the work as assessed by the Engineer- in-Charge depending on the labour strength will be arranged by the contractor at his own cost.

11.0 Curves

i) The alignment of track on certain locations is on curved alignment as per index plan. While laying track on such locations, the layout of the curve shall be done accurately with deflection angle, degree of curvature, transition length and curve length and laid to required super elevation for each curve as directed by engineer in-charge.

ii) The design of curves specifying all parameters (transition length, total length

of curve, super elevation etc.) shall be done by engineer in-charge and advised to the contractor who shall then lay the curves accordingly as indicated in the above para so that it conforms to the designed parameters.



iii) The station numbers shall be marked, starting from zero at TP (i.e from the start of curve) at 10 meter interval on the inside web of outer rail of the curve and shall be continued over the entire length of the curve with figures in white paint over black back ground and the station No, versine & super elevation at each station shall be indicated on inside web of outer rail with black back ground and figures with white paint.

iv) Curve posts as per Railway’s design shall be fixed at both ends of curves, at TP (Transition Point) and TTP (Transition Tangent Point), and the details of the curve shall be written on TP post of both ends mentioning curve no: degree of curvature, transition length, curve length and super elevation with appropriate painting scheme as followed by Railways.

12. Longitudinal level of Track

The longitudinal level of the track shall be in accordance with the gradients as indicated in L-Section supplied by engineer in-charge Gradient posts at each change of gradient shall be provided as per approved design and shall be engraved with the values and arrow indicating rise, fall or level as the case may be, on both faces with figures in black on white back ground.

• The gradient post shall be provided as per L-Section. • Sketch of gradient post and km post is placed as Annexure PW-VI.

13. Kilometer & Gradient Posts

RCC kilometer and gradient posts as per drawing, (Annexure PW-VI) shall be casted and fixed at each kilometer / Point of change of gradient on cess and number engraved on both faces and surface painted with white and engraved figure written with black

14. Ballasting

i) Once the centre line and level pegs have been provided, the ballast should, on clearance by the engineer in-charge/his authorized representative, be lead out from the stacks and spread on the track formation as directed by Engineer in-charge. The ballast cushion which is to be finally achieved shall be 250mm.

ii) On all flat top, arch and pre-stressed concrete girder bridges with deck slab,

where guard rails are not provided, the whole width of the bridge between the parapet walls shall be filled with ballast up to the top of the sleeper level.

iii) The payment for supply of ballast will be made on the basis of stack

measurement of ballast without deduction for any shrinkage, as laid down in RDSO specifications, June 2004. The measurement and passing of ballast in stacks shall be done by engineer in-charge.

STN No - V -

SE -



iv) Ballast under dismantled (existing) track – Total ballast under dismantled

(existing) track shall be removed, screened & stacked as per direction of site Engineer, after raising the bank the same screened ballast shall be spread on raised bank. The screened ballast of existing track are to stacked separately and payment for spreading of the same will be made as per measurement.

15. Concrete Sleepers

a) Concrete sleepers are heavy and as such manual handling of concrete

sleepers is not only difficult, but may generally cause damage to the sleepers. In exceptional cases, however, manual handling including manual laying of concrete sleepers is resorted to after taking adequate precautions.

b) Ballast already spread over the formation, PSC sleepers shall be laid at

specified spacing. All care be taken in handling the sleepers so as to avoid breakage/damage. The sleepers shall be laid to a density of 1540 nos/km. For fish plated joints. The sleeper spacing at welded joints shall be the same as intermediate sleeper spacing as per para 244 (h) of IRPWM.

16. Rails a) Rails to the extent required shall be supplied by the employer at

NTPC/RITES, Kaniha store/ godown at Kaniha. The contractor at its own cost shall lead the same to site for use on the work.

b) The rails and other fittings from depot area/complex be lead to site of actual

laying in track by any means convenient to the contractor depending upon the site conditions and be placed at places where these are to be laid. The rails shall be adjusted in pairs along the alignment on the cess. The contractor will remove kinks from each rail, if any, with the help of jim Crow, etc. Handling of rails shall be done as per instructions issued by RDSO.

c) Single rails so brought to site shall be converted into 3 rail welded panels by

Short Pre Heat process of Thermit Welding by the contractor at his own cost on the cess or at site

d) The cutting of rails, where required shall be done using Abrasive rail cutting

machines and the holes drilled with rail drilling machines approved by RITES. All the holes drilled in rails shall be chamfered using approved chamfering kit in terms of para 251 (5) of IRPWM (CS No. 51 dated 21.4.00)

17. Welding of Rail Joins:

a) The rail joints shall be welded with Alumino Thermit welding of rail joints by short pre-heating (SKV) process to IR Specification no. T-19-1994 as detailed in RDSO `Manual for Fusion welding of Rails by the Alumino, Thermic Process `September 1998’

b) The welding shall be got done only from approved portion manufacturing

firms with portions, consumables, equipment and RDSO certified welders/welding supervisors.



c) The portion shall conform to IRS specification no. T-19-1994. (para 4.2.1 of

AT welding Manual). d) For field welding of rail ends provisions of para 4.4 to 4.10 of the “Alumino

Thermic welding “ 1998 referred above shall be followed. Post welding operations shall be carried out as per para 5 and tests as per para 6 of the aforesaid manual. Sample tests of welds done shall be carried out as per para 7 of AT welding manual.

e) The finishing tolerances of the weld must conform to provision of para 5.4.2

indicated below:-

• Vertical alignment : Variation not more than +1.00mm, -0mm measured at the end of 1.0metre straight edge.

• Lateral alignment : Variation not more than + 0.5mm measured at the centre of 1.0metre straight edge.

• Head Finishing: top table surface

: +0.4mm, -0mm, measured at the end of 10cm straight edge.

f) While welding, adequate precautions as laid down in para 9 of the Manual shall be followed.

g) Welds found defective shall be replaced by the contractor as per para 6.4 of

the Manual.

h) While welding, adequate precautions as laid down in para 9 of the Manual shall be followed.

i) Welds found defective shall be replaced by the contractor as per para 6.4 of

the Manual. a) All Thermit welds shall be painted as per para 5.7 of Manual for fusion

welding of rails by Alumino Thermic Process, September 1998 issued by RDSO.

b) Guarantee against failures : All the rail joints welded by Thermit welding

technique shall be guaranteed against failure for a period of twelve months from the date of commissioning of project (para 7.3 of thermic Welding Manual 1998 is modified for this project). Any such welded joint which fails within the guarantee period be re-welded free of cost by the contractor as per stipulations of para 6.4.

c) The acceptance tests required for accepting the Thermit welds shall be as

per para 6 and 7 of Thermit welding manual.



d) Sample test Joints

i) One out of every 100 joints welded, shall be selected at random by the purchaser or by the inspecting officer with in one month of welding and subjected to hardness, transverse load/deflection tests and porosity as per clause 4.3 of IRS:T-19-1994.

ii) If the sample test joint fails to satisfy any of the requirements of

specification IRS:T-19-1994. Engineer in-charge will be at liberty to suspend further welding. However, two more randomly selected joints from the same lot of 100 joints shall be subjected to re-tests as per clause 4.2 of IRS: T-19-1994. Both the joints should clear all the tests. If this report is also not satisfactory, further welding of joints shall be suspended until the firm’s welding technique has been examined and the same satisfies the requirement of clause 4 of IRS: T-19-1994. The clearance for re-commencement of welding shall be given by the Engineer-in-charge.

17.1 Short Welded Rails (SWR)

i) The laying and maintenance of short welded rails shall conform to provisions of para 505 to 510 of Part `B’ of chapter V of IRPWM. Special care shall be taken to provide expansion gaps at fish plated joints as per IRPWM para 508 table 1 for initial laying and para 510(3), table II for maintenance

i) The fishing planes of fish plates and rails shall be lubricated with a paste of

workable consistency (Plumbago and kerosene oil) in the following proportions and fish bolts be oiled. The material for lubrication of joints shall be arranged by the contractor. No extra payment will be made for the same.

Plumbago (Dry Graphie) - 5 kg Kerosene oil (2nd quality) - 3.5 ltrs for 100 joints Black or reclaimed oil - 2.75 ltrs

18. Bridges

a) The rail joints on girder bridges with opening less than 6.1m shall be avoided. For other spans, the preferred position of rail joints is at 1/3rd of span from either end as per para 272(3) of IRPWM.

b) Guard rails shall be provided on bridges as per para 275 of IRPWM. c) The design of guard rails on the bridge and its approaches shall be as per

para 275(2) of IRPWM. d) PSC sleepers to RDSO drg. No. T-4089 to Drg. No. T-4097 with complete

fittings as shown in the drawings, shall be used on ballasted deck bridges with guard rails and their approaches. The fixing of guard rails shall be done as per RDSO drg. No. T-4088 to Drg. No, T-4097 as per para 275(3) of IRPWM, CS no. 63 dated 27.1.2003 M.S. flat/tie bars for tying PSC sleepers together at ends is not required. (CS 63 dated 27.1.2003 to IRPWM).



e) Gang path as per para 276 of IRPWM, shall be provided on the sleepers on

the bridge only in case of unballasted girder bridges

19. Level Crossings i) Asphalting of road surface between gate posts to full width of road on level

crossings shall be provided by the contractor at his cost. The road shall be provided complying with instructions contained in items 12 to 15, of Annexure 9/1 para 904, Chapter IX of IRPWM.

ii) Gate posts made out of US rails shall be provided at the level crossing to hold

the chain as per sketch, Annexure – PW-VIII chain shall also be provided by the contractor.

ii) Whistle boards (W/L), Stop boards shall be provided for the approaching

trains at a distance of 600m and 30m from the level crossing respectively (as per Annexure-PW-IX). Similarly, Level Crossing indicator boards and Speed breaker indicator boards (as per Annexure – PW-IX) shall be fixed on the road approaches as per IRPWM para 916.

20. Points and Crossings

(i) Points and crossings shall conform to RDSO Drawings and specifications and shall be procured form manufactures / vendors approved by RDSO duly inspected by RDSO/RITES as per direction of engineer-in-charge.

(ii) 60 kg 1 in 8 ½ turnout shall conform to RDSO Drg. No. T-4965, Switch sub

assembly drg. No. T-4966 and crossing sub assembly drg. No. T-4967. Switches shall be 6400 mm overriding curved switches for 1 in 8 ½ BG for 60 kg on 60kg PSC sleepers with all parts and fittings as per drg. No. T-4966 with latest alteration. CMS Crossings for PSC layout to RDSO drg. no. RT-4967 with latest alterations complete with all fittings shall be used.

(iii) Rails for Lead rails will be issued free at NTPC/RITES Store at Kaniha.

20.1 Fan type turnouts

Turnout sleepers shall conform to Indian Railway Standard Specification for pre tensioned concrete sleepers serial no. T-45-96 (latest revision) as per RDSO Drawings. The same shall be procured from RDSO approved manufacturers / vendors duly inspected by RDSO/RITES/Zonal Railways as the case may be

Salient aspects of fan shape layout are :

(i) The sleepers under switch portion are having dowels in which slide chairs are fixed with the help of screws. These sleepers are laid perpendicular to the main line and therefore, can be used for left hand and right hand turnouts.



(ii) The sleepers between the switch and the crossing (lead portion) are designed and laid at an angle of Q/2 with respect to main line where Q is the angle between the main line and the lead rail at that particular location. The same sleeper of left hand turnout rail at that particular hand turnout by laterally shifting the sleepers by an angle of Q.

(iii) The sleepers under crossing are laid perpendicular to the center line of the crossing and as such the same sleeper can be used for left hand and right hand by lateral shifting.

(iv) For laying sleepers in the lead portion correctly, spacing of sleepers on left rail seat and right rail seat on main straight track are given which define the center line of the sleepers.

PRC fan shape layouts have curved switches. Before laying the turnouts, the correctness of the switch as well as its curvature should be checked in advance by pre-assembling and then once again after laying it in track.

It may be noted that the sleepers are the same for 52 kg as well as 60 kg rails.

A mark ‘RE’ is provided on fan shape PRC turnout sleepers at one end. The sleepers should be laid in a manner that the end having the mark ‘RE’ is always laid on the right hand side.

The dowel fixed in the PRC sleepers should be cleared with the help of a suitable diameter soft brush so that all dirt/muck is removed. All the screws required to be fixed in the dowels should be greased before being put in.

20.2 Fan Shape Layout Assembly

(A) 1 in 8 ½ Turnout Main drg. of Turnout

Switch sub-Assembly Crossing sub - Assembly

60 Kg RDSO/T-4865 RDSO/T-4966 RDSO/T-4967

(B) 1 in 12 Turnout

60 Kg RDSO/T-4218 RDSO/T-4219 RDSO/T-4220

20.3 Disposition of Sleepers

Type of layout

Sleeper under switch which are to be perpendicular to main line

Sleeper Nos. which are to be laid at angle Q/2 where Q is inclination of outer lead rail with respect to main line at that location

Sleeper Nos. to laid perpendicular to centre line of crossing

1 in 12

1 to 20 21 to 64 65 to 83

1 in 8 ½

1 to 13 14 to 41 42 to 54



20.4 Approach sleepers

Type of layout Entry Exit

1 in 8 ½

5 Nos. : 60-S, 60-4A, 60-3A, 60 2AS & 60-1AS

8 Nos. : (4 sleepers on main line and 4 on turnout side.)

1 in 12

5 Nos. : 60-S. 60-4A, 60-3A, 60-2AS & 60-1AS

8 Nos. : (4 sleepers on main line and 4 on turnout side.)

Long sleepers shall be provided for point machines to meet the requirement of S&T. It shall be ensured that the turnout is perfectly in line and duly packed both for the main lines as well as the siding served/connected by the turnout. Any adjustments as required shall be carried out by the contractor so that the layout and the connections meet the standard requirements. Nothing extra shall be payable for the same.

PSC SLEEPERS PER SET OF 1 IN 12 FAN-SHAPED TURN-OUT AS PER RDSO DRG. NO.T – 4732/4218. QUANTITY OF SLEEPER IS 1(ONE) EACH EXCEPT

OTHERWISE SPECIFIED Sleeper

No. RDSO

Drg. No. Length of sleeper

Quan- tity

Sleeper No.

RDSO Drg. No.

Length of sleeper

Quan- tity

1 T-4512 2750 1 no. 43 T-4554 3330 1 no.

2 T-4512 2750 1 no. 44 T-4555 3360 1 no.

3 T-4514 3750 1 no. 45 T-4556 3390 1 no.

4 T-4515 3750 1 no. 46 T-4557 3420 1 no.

5 T-4516 2750 1 no. 47 T-4558 3460 1 no.

6 T-4517 2750 1 no. 48 T-4559 3490 1 no.

7 T-4518 2750 1 no. 49 T-4560 3520 1 no.

8 T-4519 2750 1 no. 50 T-4561 3560 1 no.

9 T-4520 2750 1 no. 51 T-4562 3600 1 no.

10 T-4521 2750 1 no. 52 T-4563 3630 1 no.

11 T-4522 2750 1 no. 53 T-4564 3670 1 no.

12 T-4523 2750 1 no. 54 T-4565 3770 1 no.

13 T-4524 2750 1 no. 55 T-4566 3780 1 no.

14 T-4525 2750 1 no. 56 T-4567 3790 1 no.

15 T-4526 2750 1 no. 57 T-4568 3830 1 no.

16 T-4527 2750 1 no. 58 T-4569 3870 1 no.

17 T-4528 2760 1 no. 59 T-4570 3910 1 no.



Sleeper No.

RDSO Drg. No.

Length of sleeper

Quan- tity

Sleeper No.

RDSO Drg. No.

Length of sleeper

Quan- tity

18 T-4529 2770 1 no. 60 T-4571 3950 1 no.

19 T-4530 2790 1 no. 61 T-4572 3990 1 no.

20 T-4531 2800 1 no. 62 T-4573 4040 1 no.

21 T-4532 2820 1 no. 63 T-4574 4080 1 no.

22 T-4533 2830 1 no. 64 T-4575 4120 1 no.

23 T-4534 2850 1 no. 65 T-4576 4170 1 no.

24 T-4535 2870 1 no. 66 T-4577 4220 1 no.

25 T-4536 2890 1 no. 67 T-4578 4260 1 no.

26 T-4537 2900 1 no. 68 T-4579 4310 1 no.

27 T-4538 2920 1 no. 69 T-4580 4350 1 no.

28 T-4539 2940 1 no. 70 T-4581 4400 1 no.

29 T-4540 2960 1 no. 71 T-4582 4440 1 no.

30 T-4541 2990 1 no. 72 T-4583 4490 1 no.

31 T-4542 3010 1 no. 73 T-4584 4540 1 no.

32 T-4543 3030 1 no. 74 T-4585 4580 1 no.

33 T-4544 3050 1 no. 75 T-4586 4630 1 no.

34 T-4545 3080 1 no. 76 T-4587 4680 1 no.

35 T-4546 3100 1 no. 77 T-4588 4720 1 no.

36 T-4547 3130 1 no. 78 T-4589 4770 1 no.

37 T-4548 3160 1 no. 79 T-4590 4810 1 no.

38 T-4549 3180 1 no. 80 T-4591 4850 1 no.

39 T-4550 3210 1 no. 81 T-4592 4800 1 no.

40 T-4551 3240 1 no. 82 T-4593 4900 1 no.

41 T-4552 3270 1 no. 83 T-4594 4900 1 no.

42 T-4553 3300 1 no.

APPROACH SLEEPERS EXIT SLEEPERS

Sleeper No.

RDSO Drg. No.

Length of sleeper

Quantity Sleeper No.

RDSO Drg. No.

Length of sleeper

Quan- tity

60S T-4786 2750 1 no. 1E T-5471 2550 2 nos.

60-IAS T-4787 2750 1 no. 2E T-5472 2550 2 nos.

60-2AS T-4788 2750 1 no. 3E T-5473 2550 2 nos.

60-3A T-4789 2750 1 no. 4E T-5474 2550 2 nos.

60-4A T-4790 2750 1 no.



PSC SLEEPERS PER SET OF 1 IN 8.1/2 FAN-SHAPED TURN-OUT AS PER RDSO DRG. NO.T – 4865 OR 1 IN 8.1/2 SYM. SPLIT AS PER RDSO DRG. NO.T-5353 QUANTITY OF SLEEPER IS 1(ONE) EACH EXCEPT OTHERWISE SPECIFIED Sleeper No. RDSO Drg. No. Length of

sleeper Sleeper No. RDSO Drg.

No. Length of sleeper

1 T-4791 2750 28 T-4818 3350

2 T-4791 2750 29 T-4819 3400

3 T-4793 3750 30 T-4820 3450

4 T-4794 3750 31 T-4821 3500

5 T-4795 2750 32 T-4822 3550

6 T-4796 2750 33 T-4823 3610

7 T-4797 2750 34 T-4824 3660

8 T-4798 2750 35 T-4825 3720

9 T-4799 2750 36 T-4826 3780

10 T-4800 2750 37 T-4827 3840

11 T-4801 2770 38 T-4828 3900

12 T-4802 2790 39 T-4829 3970

13 T-4803 2820 40 T-4830 4030

14 T-4804 2840 41 T-4831 4100

15 T-4805 2870 42 T-4832 4170

16 T-4806 2900 43 T-4833 4230

17 T-4807 2930 44 T-4834 4290

18 T-4808 2960 45 T-4835 4350

19 T-4809 2990 46 T-4836 4430

20 T-4810 3020 47 T-4837 4490

21 T-4811 3060 48 T-4838 4550

22 T-4812 3100 49 T-4839 4620

23 T-4813 3130 50 T-4840 4690

24 T-4814 3180 51 T-4841 4750

25 T-4815 3220 52 T-4842 4830

26 T-4816 3260 53 T-4843 4880

27 T-4817 3310 54 T-4844 4900



APPROACH SLEEPERS EXIT SLEEPERS

Sleeper No.

RDSO Drg. No.

Length of sleeper

Quantity Sleeper No.

RDSO Drg. No.

Length of sleeper

Quan- tity

60S T-4786 2750 1 no. 1E T-5471 2550 2 nos.

60-IAS T-4787 2750 1 no. 2E T-5472 2550 2 nos.

60-2AS T-4788 2750 1 no. 3E T-5473 2550 2 nos.

60-3A T-4789 2750 1 no. 4E T-5474 2550 2 nos.

60-4A T-4790 2750 1 no.

21. Fouling Marks made out of Cement concrete shall be provided as per approved

drawing at locations as required as per directions of the engineer-in-charge. 22. Glued Joints

Supply and fixing of 52 kg Glued Insulated Rail joint G3(L) as per RDSO Drg. No. T-1276 along with welding is to be provided in running/non-running lines as per direction of the Engineer-in-charge. The welds are to be ultrasonically tested as per RDSO manual of Sept. 1998. Rails for fabrication will be issued free at NTPC/RITES store at Kaniha.

These joints consist of web fitting fish plates glued to the rails with a high polymer adhesive and bolted with high tensile steel bolts. The insulation is provided by special type of insulating side channels, bushes and end posts made of fiber glass cloth roving. The instructions for fabrication and installation of glued insulated rail joints should be strictly followed as given in the manual for glued insulated rail joints 1998 issued by RDSO. In this type of joint 1m long fish plates with 6 HTS bolts are used. The pull out strength should be more than 160 tonnes. The insulation resistance tests should satisfy the following criteria. (i) In Dry Condition : After glued insulated joint is prepared, maggering voltage

of 100 VDC shall be applied across the joint. The value of the insulation resistance shall not be less than 25 Mega ohms.

23. Follow up Packing

i) The track shall be lifted to the correct profile as directed by the engineer in-charge at site/his representative.

ii) The sleepers shall be well packed with the ballast under them taking care

that the ballast shall be worked under throughout the length of the sleepers without damaging the bottom edges of the sleepers and sleepers repacked till no more ballast can be packed in and or as directed by engineer in-charge at site/his representative.



iii) Stone ballast from the stacks along the alignment shall be lead and dumped over the track to correct profile as indicated in para 263 of Indian railway permanent way manual 1986 reprint to 1999 and as directed by the engineer in-charge at site or his representative.

iv) Correct track parameters i.e. Gauge, alignment of rails, square ness of the

sleepers, longitudinal and cross levels, expansion gaps at rail joints etc. shall be achieved as directed by the engineer in-charge at site/his representative.

24. Final Adjustment and Packing

i) Any sleeper which has been shifted from correct spacing or gone out of square shall be moved back and squared after loosening the fastenings, care being taken not to cause damage to PRC Sleepers while slewing the sleeper. The fastenings shall be tightened again after squaring.

ii) The track shall be slewed to correct alignment by sighting along the rail head

of the base rail. It should be ensured that track does not get lifted in the process of slewing. Any defects developed in gauge shall be rectified by adjusting the liners.

iii) The track shall then be given a final packing. For this, sighting shall be done

along the base rail and any dip or low joint lifted correctly and packed, attending the adjacent sleepers also. After the base rail is thus packed for 2 or 3 rail lengths, the cross levels should be checked and the opposite rail lifted wherever necessary and sleepers under the rail seat packed.

iv) The joint and shoulder sleepers shall be repacked and cross levels adjusted.

The ballast section shall be dressed neatly as directed by engineer in-charge at site/his representative to uniform height and width with correct side slopes.

iii) Testing – The track completed as above will be rolled with a light, diesel

engine for rolling complete with fuel and crew to be supplied by M/s NTPC free of cost. After 4 such movements of the engine, the contractor will attend to the defects developed, by packing, aligning, levelling and gauging the track. No extra payment will be made for this.

25. Specifications for finished works a) Ballast Profile

i) The ballast profile should be in conformity with para 263 of IRPWM and brought to specified section, as directed by the engineer in-charge at site/his representative.

ii) The ballast cushion shall be checked at three places in each km at

random locations (these locations shall be recorded) and the average value shall be considered for acceptance.



iii) The expression “Ballast Cushion” wherever used in these

specifications, shall mean depth of clean layer of ballast below the bottom of sleepers and above the finished top of formation, measured under the rail seat of the sleeper.

b) New Track Tolerances

The new track shall conform to the following track standards. The track measurements should be taken in floating conditions.

S.N.

Track Parameter

Items for measurement Value

1 Gauge • Gauge

• Sleeper to sleeper variation

1673mm + 3mm 2mm

2 Expansion Gap

Maximum deviation from the prescribed gap (Average gap worked out by recording 20 successive gaps)

+ 2mm

3 Joints • Low joints not permitted. ---

• High joints not more than 2mm

• Maximum out of Squareness of joints on straight

+ 10mm

• Maximum out of squareness of joints on curves

½ pitch of fish bolts holes

4 Spacing of Sleeper

With respect to theoretical spacing

+ 20mm

5 Cross level To be recorded on every 4th sleeper

+ 3mm

6 Alignment • On straight on 10m chord

• On curves of radius more than 600m on 20m chord – variation over theoretical versions.

• On curves of radius less than 600m on 20m chord – variation over theoretical versions.

+ 5mm* + 5mm**

*Values up to 10mm can be

accepted at few isolated locations

+ 2mm

5mm

10mm 7 Longitudinal

level • Variation in longitudinal level

with reference to approved longitudinal sections

50mm



26. Maintenance /Defect liability period

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

ii) Defect liability period shall be 06 months from the date of issue of

completion certificate/commissioning of the works, whichever is earlier.

ii) The contractor shall be responsible for rectification of defects arising out of defective work man-ship/defective materials for this period of 06 months from the date of commissioning of the work and shall be responsible for replacement of all defective materials and for rectification of all defects at his own cost. The assets shall be handed over to NTPC/RITES at the end of the defect liability period as per stipulations given below .

27. Handing over of track by the contractor to NTPC/RITES, Kaniha 27.1 On completion & commissioning of work, the contractor shall handover the track to

NTPC/RITES, Kaniha for operation and maintenance after rectification of defects noticed during the joint inspection by the Engineers.

27.2 Performance security shall be released to the contractor on expiry of defect liability

period and rectification of defects, if any. 27.3 The following registers will be maintained by the NTPC/RITES, Kaniha

representative at the cost of contractor who should sign the registers so maintained by RITES in token of his acceptance of the entries made therein.

i. Register of joint inventory. ii. Register of material issued. iii. Register of site order. iv. Register of materials laid in track. v. Register of materials received back from contractor. Vi. Register of ballast stacks. vii. Register of through packing. viii. Register of miscellaneous items.

27.4 All the items should be as per RDSO drawing Numbers and shall comprise of all

parts and accessories listed in the drawing except otherwise stated. P-Way Material under BOQ should be procured from Railway Boards/Railway / RDSO approved manufacturers and Inspection is to be carried out by the RITES Inspection Wing, Kolkata / New Delhi / Chennai / Mumbai, or Zonal Railways with which the factory is tied up, as the case may be, before effecting dispatch of the materials. Inspection certificates and the original money receipt of the Inspection Wing has to be submitted along with the bills as a documentary evidence.

28 Specification of Thermit Welding: NOT APPLICABLE.



SPECIAL CONDITIONS AND SPECIFICATIONS FOR SUPPLY OF BALLAST



SPECIAL CONDITIONS AND SPECIFICATIONS

FOR SUPPLY OF BALLAST. 1.0 Ballast Supply : 1.1 The rates, as per the Schedule, are inclusive of Royalty, all taxes viz. commercial

sales tax, octroi etc. and other charges levied by the State / Central government. The rate also includes all lead, lift, ascent, descent, loading, unloading, royalty etc. and all other incidental charges.

1.2 The contractor shall stack the ballast, normally over the entire length of the section

at specified locations duly certified by the Engineer-in-Charge except at those certain locations which are found to be inaccessible for certain reasons. The decision of Engineer-in-Charge at site will be final and binding on the contract for the location, inaccessible for supply of ballast.

1.3 The ballast shall be supplied as per the requirement given by the Engineer-in-

Charge at site. 1.4 The Stone ballast shall be collected from outside Nalco/Railway/Govt. land. 1.5 The ballast shall be in conformity with “Specifications for Track Ballast” issued by

RDSO in June 20004 with latest correction slips. However, the Railway administration may alter these conditions of technical nature, which do not have bearing on rates.

1.6 Each tenderer at the time of tendering shall submit the test report of Impact Value.

Abrasion Value, water Absorption Value from any of the following approved laboratories –

i) I.I.T. / Kharagpur

ii) E.Co Railway / S.E. Railway Laboratory or any Railway approved Laboratory

/ Institution

iii) Jadavpur University, Kolkata

iv) National Test House, Alipore, Kolkata

v) RITES Laboratory at Liluah, Howrah

vi) University College of Engineering, Burla / IGIT/Talcher or any Govt. approved laboratory.

• The test report should not be more than 90 (ninety) days old from the date of opening of the tender

1.7 The tenderer / contractor undertakes that the ballast supply at all times shall

conform to Specifications for track ballast as specified by Railway.



1.8 The contractor shall make his own arrangement at his own cost for the construction of service roads within the NTPC/ Railway/Govt. land as well as outside NTPC / Railway/Govt. land, for transportation of ballast, if required. No separate payment shall be admissible to the contractor for the construction of such roads and its repairs & maintenance

1.9 The contractor shall have to make necessary arrangement for leveling the

nominated grounds for stacking of ballast at cess, as per the direction and to the satisfaction of Engineer-in-Charge, without any additional claim of payment.

1.10 The contractor shall submit the name of the quarry / quarries from where the

contractor will supply the ballast along with the tender. The ballast sample/s, test report/s of the/these quarry/quarries must be submitted along with the tender.

1.11 The cost of routine testing of ballast, as per RDSO guidelines shall be payable by

the contractor. However the NTPC/RITES is at liberty to collect the ballast sample as and when required and send the same for testing at the cost of Contractor.

1.12 The quantities of ballast mentioned in the schedule are approximate. NTPC/RITES

reserves the right to alter the quantity as per the actual requirement and nothing extra will be payable over and above the accepted rates. However, for increase in agreemental value beyond 25%, clause 2.11 of Instructions to tenderers will be applicable.

1.13 The work / supply shall be completed in all respects, within a period of 05 (five)

months (including monsoon) from the date of issue of acceptance letter. 1.14 The contractor shall make necessary guarding arrangement for the security of the

ballast supplied during the progress of the work till final bill is paid. No separate payment shall be admissible to the contractor for guarding the ballast.

1.15 The ballast shall be supplied as per the requirement given by the Site Engineer.

Quantity supplied extra over the required quantity may not be paid. 1.16 Safety of ballast against any theft or loss remains solely with the contractor during

the entire period of the contract agreement and the same has to be made good by contractor. This responsibility of the contractor remains even if the ballast stacks are measured and paid for, unless RITES/Client (RINL) takes over measured ballast stacks from the contractor with a clear taking over certificate.

SPECIFICATION FOR TRACK BALLAST - JUNE’ 2004

2. DETAILED SPECIFICATIONS:

2.1 GENERAL.

Basic Quality: Ballast should be hard durable and as far as possible angular along edges/corners, free from weathered portions of parent rock, organic impurities and inorganic residues.



Particle shape: Ballast should be cubical in shape as far as possible. Individual pieces should not be flaky and should have generally flat faces with not more than two rounded/sub rounded faces.

2.2 PHYSICAL PROPERTIES

2.2.1 Ballast sample should satisfy the following physical properties in accordance with IS:2386. Pt. IV-1963 -

BG,MG & NG(planned/sanctioned for conversion) NG & MG (other than those

planned for conversion) Aggregate Abrasion value

30% Max* 35% Max

Aggregate Impact value 20% Max* 30% Max * In exceptional cases, on technical and/or economic grounds relaxable upto 35%

and 25% respectively by engineer-in-charge.

2.2.2 The ‘Water Absorption’ tested as per IS 2386 Pt.III-1963 should not be more than 1%. This test however, to be prescribed at the discretion of Engineer-incharge.

SIZE AND GRADTION

2.3.1 Ballast should satisfy the following size and gradation:

a) Retained on 65 mm Sq mesh sieve 5% Maximum

b) Retained on 40 mm Sq mesh sieve* 40%-60%

c) Retained on 20 mm Sq mesh sieve Not less than 98% for machine crushed

* For machine crushed ballast only.

2.3.2 Oversize ballast.

i) Retained on 65 mm Sq mesh sieve.

A maximum of 5% ballast retained on 65mm sieve shall be allowed without deduction in payment.

In case ballast retained on 65mm sieve exceed 5% but does not exceed 10%, payment at 5% reduction in contracted rate shall be made for the full stack. Stacks having more than 10% retention of ballast on 65mm sieve shall be rejected.

ii) In case ballast retained on 40mm square mesh sieve (machine crushed case only) exceed 60% limit prescribed in 2.3.1 (b) above, payment at the following reduced rates shall be made for the full stack in addition to the reduction worked out at i) above.

• 5% reduction in contracted rates if retention on 40mm square mesh sieve is between 60% (excluding) and 70% (including).

• 10% reduction in contracted rates if retention on 40m square mesh sieve is between 65% (excluding) and 70% (including).



iii) In case retention on 40mm square mesh sieve exceeds 70%, the stack shall be rejected.

iv) In case of hand broken ballast supply, 40mm sieve analysis may not be carried out. The executive may however ensure that the ballast is well graded between 65 mm and 20 mm size.

2.3.3 Under Size Ballast: The Ballast shall be treated as undersize and shall be rejected if -

i) Retention on 40mm Sq. Mesh sieve is less than 40%.

ii) Retention on 20mm Sq. Mesh sieve is less than 98% (for machine crushed) or 95 % (for hand broken).

2.3.4 Method of Sieve Analysis:

i) Sieve size mentioned in this specification are nominal sizes. The following tolerances in the size of holes for 65, 40 and 20mm nominal sieves sizes shall be permitted.

65m Square Mesh Sieve Plus Minus 1.5mm



Mesh sizes of the sieve should be checked before actual measurement. The screen for sieving the ballast shall be of square mesh and shall not be less than 100cm in length, 70cm in breadth and 10cm in height on sides.

ii) While carrying out sieves analysis, the screen shall not be kept inclined, but held horizontally and shaken vigorously. The pieces of ballast retained on the screen can be turned with hand to see if they pass through but should not be pushed through the sieve.

iii) The percentage passing through or retained on the sieve shall be determined by weight.

3. METHOD OF MEASURMENT

3.1 Stack Measurement.

Staking shall be done on a neat, plain and firm ground with good drainage. The height of stack shall not be less than 1m except in hilly areas where it may be 0.5m. The height shall not be more than 2.0m. Top width of stack shall not be less than 1.0m. Top of stack shall be kept parallel to the ground plane. The side slopes of stack should not be flatter than 1:5:1 (Horizontal: Vertical). Cubical content of each stack shall normally be not less than 30cum in plain areas and 15 cum in hilly areas.

3.2 Wagon Measurement.

3.2.1 In case of ballast supply taken by direct loading into wagons, a continuous white line should be painted inside the wagon to indicate the level to which the ballast should be loaded. The cubical content in cubic meter corresponding to white line should also be painted on both sides outside the wagons

3.2.2 In addition to painted line, mentioned in para 4.2.1, short pieces of flats (cut pieces of tie bars or otherwise) with cubical contents punched shall be welded at the centre of all the four sides as permanent reference. In case the supply is taken in general service wagon, actual measurements will be taken.



3.2.3 Shrinkage Allowance.

Payment shall be made for the gross measurements either in stacks or in wagons without any deduction for shrinkage/voids. However, when ballast supply is made in wagons, shrinkage up to 8% shall be permitted at destination while verifying the booked quantities by the consignee.

4.0 Sampling and testing

4.1 A minimum of 3 samples of ballast for sieve analysis shall be taken for measurement done on any particular date even if the numbers of stacks to be measured are less than three.

4.2 The test viz. Determination of Abrasion Value, Impact Value and water Absorption should be got done through approved laboratories or Railway’s laboratories.

4.3 In order to ensure supply of uniform quality of ballast, the following norms shall be followed in respect of sampling, testing and acceptance.

4.3.1 On supply of the first 100 cum, the tests for size gradation, Abrasion value, Impact value and water absorption (if prescribed) shall be carried out by RINL/RITES. Further supply shall be accepted only after this ballast satisfies the specifications for these tests. RINL/RITES reserves the right to terminate the contract as per GCC at this stage itself in case the ballast supply fails to conform with any of these specifications. All Costs towards the laboratory test should be borne by the contractor.

4.3.2 Subsequent tests shall be carried out as follows.

Supply in stacks Supply in wagons For stack of

volume less than 100 cum

For stack of volume more than 100 cum

a) Size and gradation tests.

- No. of Tests - Size of one sample

One for each stack ** 0.027 cum

One for each stack ** 0.027 cum for every 100 cum or part thereof.

One for each wagon. ** 0.027 cum

a) Abrasion Value, Impact Value and water Absorption test @

Testing Frequency

One test for every 2000 cum

** This sample should be collected using a wooden box of internal dimensions 0.3mx

0.3 x0.3m from different part of the stack/wagon.



@ These tests shall be done for the purpose of monitoring quality during supply. In

case of the test results not being as per the prescribed specification at any stage, further supplies shall be suspended till suitable corrective action is taken and supplies ensured as per specifications.

The above tests may be carried out more frequently if warranted at the discretion of Railway.

4.3.3 All tests for Abrasion value, Impact value and water absorption conducted subsequently to award of contract shall be done with contractor’s cost.

The above tests may be carried out more frequently if warranted at the discretion of Engineer-in-charge of RITES Ltd.

4.4 If the quality of ballast is noted to have changed during supply as revealed by visual

comparison with the approved sample, the test shall be redone to conform that it satisfies the properties as per specification.

4.5 The ballast should be PURE, i.e. it should not contain inorganic or organic residues,

and must be free from inferior or harmful substances. 4.6 Contamination of ballast with the ground soil etc. of stacking area should be

minimised by providing neat stacking areas with good drainage. 4.7 In the event of the ballast being rejected the Contractor / Agency will have to

remove the rejected ballast from the work-site expeditiously at his own cost.

4.8 The Engineer shall mark all rejected ballast in any manner he considers fit to prevent them from being removed and mixed with good/accepted ballast and the Contractor shall within a fortnight from the date of the order of removal, remove the rejected ballast to such place as may be directed by the Engineer and, in the event of contractor’s failure to do so the Engineer may cause it to be removed and all costs of such removal shall be payable on demand by the Contractor to NTPC/RITES and without prejudice to any other mode of recovery, may be deducted from any money, that may be due or may become due to the contractor or from the Contractor’s bill for any other works executed for NTPC on behalf of Client.

4.9 Should NTPC/RITES under any special circumstances, agree to take over all or part

of the rejected ballast, the same will be paid for at rates to be fixed by the authority accepting the tender and agreed to by the contractor in writing.

5.0 The screen for sieve analysis as specified in specification as also the standard box

for measuring volume should be kept available at site by the contractor at his own cost, for use by the Engineer or his representative after proper check, in carrying out sieve analysis. Labours required for doing sieve analysis will be supplied by the contractor free of cost. The contractor must also accept the results of such analysis in writing.



6.0 Each stack of ballast shall be serially numbered and may be as long and broad as

possible. After the stacks are measured, they should be sprinkled with lime in the form of cross on all the sides of the stack at the contractors own cost to the satisfaction of the Engineer-in-Charge of NTPC/RITES. Suitable space should be left in between stacks in adjacent zones so that there is no possibility of materials of fresh stacks in one zone mixing with stacks already measured in the adjacent zone.

7.0 Entries in the ballast measurement register should not be over written. If any

correction is required the same should be done by striking off the old entry by drawing a line and showing proper entry by its side.

8.0 Ballast is to be stacked proper trapezoidal section on the cess or berms, or on the

line or in depots as may be ordered by the Engineer concerned, in stacks as large as possible and ordinarily not less than 1.0 metre in height. Top width of the stack shall not bee less than 1.0 metre. Top of stack shall be kept parallel to the ground plane. The side slopes of stack should not be flatter than 1.5: 1 (Horizontal: Vertical). Cubical content of each stack shall normally be not less than 30 (thirty) Cum in plain areas. The Engineer should, as far as possible, set out the sites for ballast stacks. Stacking ground must be fairly dressed to a proper plane by the contractor at his own cost before stacking is started. Completed stacks must be properly finished before being offered for acceptance and measurement. It must be distinctly understood that the accepted rate is for ballast which conforms in all particulars of quality, stack measurements, gauge, completion within time limit and delivery at site fixed upon, with the specification and conditions of contract. If, therefore, the officer deputed to measure up a Contractor’s ballast is not satisfied that the above conditions and specifications have been complied with, he is at liberty to take either of the following courses.

i) To refuse to measure up such ballast at all giving his reasons in writing for

so doing to the Contractor. ii) To call upon the contractor in writing to screen his ballast of dirt and

admixtures beyond the specified limit or to break it to gauge, or to re-stack it to proper dimensions, or all three as may be required, prior to further inspection and measurement by a fixed date, within the time limit imposed in the agreement.

9.0 The contractor shall provide at his own cost adequate labour and tools for opening

out stacks for inspection and for carrying out screening test. 10.0 The contractor shall supply all necessary tools for the work and also bamboos,

pegs, strings etc. necessary for measurement of ballast.

11.0 The quantity shall be calculated as per the following formula for the ballast supplied. LB + LT WB + WT

Q = ----------- X ------------- X H 2 2



When, LB = Average length of the stack at the bottom. LT = Average length of the stack at the top WB = Average width of the stack at the bottom WT = Average width of the stack at the top H = Average height of the stack.

The plan of the stack should be either square or rectangular. Payment shall be made for the gross measurement in stacks without any deduction for shrinkage/ voids. 90% of the payment will be paid in R.A. bills prepared against supply of ballast duly certified by Engineer-in-Charge of NTPC/RITES supported with measurement details, test certificates, royalties and all other necessary statutory taxes clearance certificates. Balance 10% shall be released after spreading the same in to the track.

12.0 The rates in this schedule are entirely inclusive so as to cover any purchase and/or

royalties and / or compensation for surface charges incurred by him whatsoever. The accepted rate includes all quarry charges Sales Tax monopoly fee and other charges if any and tools and plants for clearing site for stacking, test and testing screens, carriage of materials to the site of stacking and removal of any material rejected by the Engineer to any site when the rejected materials are to be thrown.

13.0 The rates quoted are inclusive of all charges including all taxes levied by Union of

India or State Government or local bodies and include Sales Tax, Royalty, Octroi duties etc. but excludes service taxes & education cess

14.0 Contractor shall submit Royalty clearance certificate of Ballast with every Ballast

related R/A Bill. If the agency fails to do so, the required will be deducted as per extant Govt. rule, from his bill and to be deposited at Statutory dept. of State Govt.

15.0 NOTE : Any clauses which are not relevant/related to this contract shall be

treated as cancelled. The decision of the Engineer-in-charge shall be final and binding in this regard.

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LIST OF PROPOSED LOCATIONS OF LAYING OF POINTS AND CROSSINGS



Details of points and crossings on wooden / steel layout to be renewed with new PSC 60 Kg. layout

Sl. No. Location Existing points & Crossing No.

1 MGR yard 34 A 2 MGR yard 34 B 3 MGR yard 55 B 4 Godibandha crossing station 21 B 5 Godibandha crossing station 22 B 6 MGR yard 35 7 MGR Yard 37 8 MGR Yard 46 9 MGR Yard 51 A 10 MGR Yard 51 B 11 MGR Yard 52 12 MGR Yard 53 A 13 MGR Yard 53 B 14 MGR Yard 54 15 MGR Yard 31 A 16 MGR Yard 31 B 17 MGR Yard 32 A 18 MGR Yard 32 B 19 MGR Yard 33 20 Emergency crossing over (E/L) 24 21 Emergency crossing over (L/L) 25 22 NH Gate (Wooden layout) 21 23 NH Gate (steel layout) 22

TALCHER SUPER THERMAL POWER STATION - Rites Signature of the Tender Under seal of the Firm NATIONAL...

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Transcript of TALCHER SUPER THERMAL POWER STATION - Rites Signature of the Tender Under seal of the Firm NATIONAL...