SECTION – I: INVITATION TO TENDER - NINL > Homeninl.in/tender/TENDER DOC for Welfare Building of...

Sec-I : ITT of 3 Civil Works of Welfare Building in SMS

SECTION – I: INVITATION TO TENDER


SECTION-I : INVITATION TO TENDER

NEELACHAL ISPAT NIGAM LTD. DUBURI, JAJPUR,ORISSA (INDIA)

NIT No : NINL/CM/BBM/PROJ/NIT-608 Dated: 14.12.2012 To M/s ……………………………………. ………………………………………… ………………………………………… ………………………………………… ………………………………………… Dear Sirs,

We, Neelachal Ispat Nigam Ltd. (hereinafter referred to as the Purchaser) have pleasure in enclosing Bid Document for construction of Welfare Building in SMS Area inside NINL Premises as per technical specification, for the Purchaser as per details given herein below and would invite you to submit your best binding offer within the stipulated date and time. The Bid Document comprises the following:

Vol – I : Invitation to Tender comprising of Instructions to Bidders, Forms, and Price Schedules.

Vol – II : Draft Contract(s) comprising of:

(a) Draft contract for construction of Welfare Building in SMS Area inside NINL Premises as per technical specification,.

(b) Contract Specification [Schedule – 4 of draft Contract(s)] consisting of:

Technical Specification

Salient feature of this invitation are furnished herein below. The details are given in respective Volumes/sections of Bid.

1.0 SCOPE OF WORK

The scope of work under this bidding shall comprise of construction of Welfare Building in SMS Area inside NINL Premises as per Technical Specification.

2.0 COMPLETION TIME

The completion period of the work covered under Sl. No. 1.0 given herein above shall be 06 (Six) months (maximum) from the date of Letter of Award (LOA). The completion time is further detailed in the bid documents.


3.0 EARNEST MONEY DEPOSIT The Bidders are required to submit Earnest Money Deposit in Indian Rupees equivalent to Indian Rupees 75,000/- (INR Seventy Five Thousand only) along with bid in the form and manner as described in the "Instructions to Bidders", Section- II, of the bid document.

4.0 DUE DATE FOR SUBMISSION OF BID

You are requested to submit your bid complete in all respect in accordance with the bid documents so as to reach the Office of the Sr. Manager (Commercial) , Neelachal House, Neelachal Ispat Nigam Limited, Kalinga Nagar Industrial Complex, Duburi – 755 026, Dist: Jajpur, Odisha , on or before 15.00 Hrs of 02.01.2013.

5.0 ELIGIBILITY AND QUALIFICATIONS OF BIDDERS

The stipulated eligibility and qualification requirements are given in Bid documents. 6.0 VALIDITY

The Bid submitted by the bidder shall remain valid for a period of 60 (Sixty) days from the due date of submission of bids (excluding the last date of submission of Bids).

7.0 The Purchaser reserves the right to accept or reject any bid, or to annul the bidding process and reject all bids at any time prior to award of contract, without assigning any reason thereof and without thereby incurring any liability whatsoever, to the affected Bidder(s).

8.0 The Purchaser also reserves the right to amend the scope of work, modify the Bid documents.

9.0 The Purchaser further reserves the right to postpone the date of receipt and opening of bids without bearing any liability whatsoever consequent upon such decision.

10.0 The work order / contract on the successful bidder/s shall be awarded by the Purchaser i.e. M/s

Neelachal Ispat Nigam Limited. Please acknowledge receipt of the bid documents. Yours faithfully, Enclosures: As Above for Neelachal Ispat Nigam Ltd.

( B. B. Maharathy ) Senior Manager (Coml.)

Section – II (IT) Page 1 of 18 Civil Works of Welfare Building in SMS

SECTION- II: INSTRUCTIONS TO BIDDERS (ITB)


Table of Clauses Description A. Introduction 1. Genral Project Information & Requirements 2. Eligible Bidders 3. Qualification Requirements B. The Bid Documents 4. Content of Bid Documents 5. Understanding Bid Documents and Local Conditions 6. Clarification of Bid Documents and Bidders (Pre-Bid) Conference 7. Amendment of Bid Documents 8. Cost of Tendering C. Preparation of Bid 9. Language of Bid 10 Bid Security (Earnest Money Deposit) 11 Documents Comprising of Bid 12 Bid Validity 13 Format and Signing of Bids D. Submission of Bids 14. Sealing and Marking of Bids 15. Deadline for Submission of Bids 16. Late Bids E. Evaluation of Bids 17. Evaluation of Earnest Money Deposit (Part-I) 18. Evaluation of Technical & Commercial Bids (Parts - II & III) 19. Clarification of Bid & Techno commercial discussions 20. Evaluation of Price Bids (Part - IV) 21. Disqualification F. Award of Contract 22. Award Criteria 23. Purchaser's Right to Accept Any Bid or to Reject Any or All Bids 24. Letter of Award (L.O.A) 25. Security Deposit 26. Signing of contract agreement


A. INTRODUCTION 1.0 GENERAL PROJECT INFORMATION & REQUIREMENTS

Neelachal Ispat Nigam Ltd., incorporated under the Companies Act 1956 having its registered office at IPICOL House, Annexe. 1st Floor, Janpath, Bhubaneswar, Orissa, PIN-751022, has set up an integrated Iron and Steel Plant at Kalinga Nagar Industrial Complex, Duburi, Distt. – Jajpur, Orissa, Pin-755026. It requires to set up and install the facilities / Plant & Equipment as described under Bid documents for which this enquiry is being issued.

Duburi is situated approximately 12 Kms from Jajpur Keonjhar Road Rly. Station,and is approximately 100 Kms from Bhubaneswar, the capital of Odisha, and is situated on the National Highway connecting Paradeep and Kanaktora and is connected by Railway line from Howrah to Chennai.

Bhubaneswar is connected by airlines to a major Indian cities. The nearest sea-port is located at Paradeep. Equipment can also be sea / air freighted to Kolkata. Bhubaneswar provides boarding and lodging facilities of high standard. Fairly good local transport facilities are also available in Bhubaneswar.

1.1 Brief Scope of work

The details of scope of work as envisaged are given in respective volumes / sections of the Bid Document. The description of the scope of work is meant to give the Bidder an idea of the overall magnitude, extent and type of work to be carried out under the Contract. The Bidder(s) are advised to visit the site, collect all the information and assess further requirements for the purpose of preparation & submission of their bid.

2.0 ELIGIBILE BIDDERS Unless otherwise specified in Bid Data Sheet (BDS), a Bidder meeting the criteria as stipulated

under following sub-clauses and applicable Qualification Requirements thereof as stipulated under Bid documents is eligible to participate in the Bid. It will be the sole responsibility of the Bidder to provide supporting evidences and establish to the satisfaction of the Purchaser that it meets the stipulated criteria of eligibility and Qualification requirements thereof.

2.1 The Bidder as sole Bidder in the same name and style shall have appropriate legal status by

virtue of a deed of incorporation, memorandum and articles of association etc. enabling him to execute relevant contract for the work.

2.2 The Bidder as a joint venture or a consortium of two or more firms as partners complying with

the following requirements: (i) The Bidder & partners of consortium or joint venture (JV) in the same name and style shall have

appropriate legal status by virtue of a deed of incorporation, memorandum and articles of association etc. enabling him to execute relevant contract for the work.


(ii) The bid shall be signed so as to be legally binding on all partners. (iii) One of the partners shall be designated and authorized by all the partners of the Joint

Venture/Consortium as leader, called Prime Bidder. This authorization shall be evidenced by submitting with the bid, a power of attorney signed by legally authorized signatories of all the partners of the consortium / Joint Venture for the purpose of submission of the bid, finalisation of contract & execution thereof in terms of the contract.

(iv) The Prime Bidder shall be authorized to incur liabilities and receive instructions for and on

behalf of any and/or all partners of the joint venture or consortium, and the entire execution of the contract, including payment, shall be done exclusively with the Prime Bidder.

(v) All partners of the Joint Venture or Consortium shall be liable jointly and severally for the

execution of the contract in accordance with the terms of the contract. A relevant statement to this effect shall be included in the authorisation as mentioned herein above & consortium agreement as mentioned herein below, as well as in the Form of Bid and Contract Agreement, (in case of a successful Bidder).

(vi) Only the Leader of Consortium / Joint Ventures, called Prime Bidder is eligible to submit the bid

on behalf of the Consortium / JV partners and shall own the full responsibility and liability for successful and timely completion of the Contract. The Prime Bidder (Leader) of the Joint Venture/Consortium shall furnish a written undertaking to the effect that he would own the overall responsibility and liability for successful and timely execution of the work.

(vii) A copy of the consortium agreement, in line with the form specified under the bid documents,

entered into by the joint venture or consortium partners complying above stipulated requirements & with clear stipulations of division of work/obligations/responsibilities amongst all partners including Prime Bidder (Leader) of consortium/joint venture shall be submitted with the bid.

This agreement shall be valid till completion of all obligations of the Contractor under the Contract. Power of Attorney/Authorisation of signatories of such agreement on behalf of respective firms/companies shall be submitted.

(viii) A firm can be a partner in only one joint venture or consortium. Bids submitted by more than

one joint ventures or consortia that includes the same firm, as partner will be rejected. (ix) The Purchaser, after finalisation of Bid shall enter into separate agreement(s) with the

consortium partner (s) only on recommendation of the successful Prime Bidder for the scope as advised by the Prime Bidder. However such agreement(s) , if any, will be entered with consortium member(s) so as to legally bind the Prime Bidder to own the complete responsibility and liability for the faithful and due performance of such contract(s) with his consortium member(s) on behalf of his consortium member (s).

(x) Unless permitted by the Purchaser, no change in consortium partner(s) shall be effected by the

bidder after submission of the bid. However, in the event of any such change, if permitted by the Purchaser which he may do so at its discretion, it shall be the responsibility of the bidder


(Prime Bidder) to submit all necessary documents & evidences to the satisfaction of the Purchaser.

In the event of denial of permission by the Purchaser for such change, all the risk & liabilities associated therewith shall solely rest with the Bidder and no claim for any compensation by the Bidder whatsoever shall be admissible.

2.3 Bidder as Company formed with amalgamation of two or more companies provided satisfactory

proof of such amalgamation is furnished alongwith the documentary evidences. 2.4 Bidder as Company formed after splitting of a company. 3.0 QUALIFICATION REQUIREMENTS 3.1 Technical 3.1.1 The Bidder shall meet the technical requirements as specified in BDS. 3.1.2 Unless otherwise stated in BDS, the bidder shall submit documents in support of his meeting

the specified technical requirements, including followings along with the bid: (i) Details of Ref. of similar work as per form-6

(ii) Performance certificate from the Clients for satisfactory completion and operation of the Units/Works executed by the bidder.

3.2 Financial 3.2.1 The Prime/Sole Bidder shall meet the requirements as specified in BDS: 3.2.2 Unless otherwise stated in BDS the bidder shall submit following supporting documents along

with the bid:

(i) Audited balance sheet and profit & loss account for last three consecutive financial years preceding the current financial year. In case, the immediately preceding financial year (w.r.t. the current financial year) has ended within three months from due date of submission of bids, then the Audited balance sheet and the profit & loss account in respect of immediately preceding three consecutive financial years shall be submitted.

(ii) Solvency Certificate from Bank. (iii) If prime bidder is an Indian firm or an Indian firm is a consortium member with a foreign

prime bidder they shall submit latest valid sales tax registration certificates in respect of Indian Firms.

3.3 In case of Joint Ventures companies if the Bidder does not meet the stipulated requirements on

its own, it can qualify if its promoter companies, either singly or jointly meets the qualification requirements as stipulated above in full and, the Bidder submits the evidence(s)/undertaking to the satisfaction of the purchaser that its promoter(s) shall extend all the technical, managerial


and financial support to the Bidder required for discharging all its obligations under the contract.

3.4 In case of subsidiaries of companies, if the Bidder does not meet the stipulated requirements on

its own, it can qualify if its parent company meets the qualification requirements as stipulated above in full and, the Bidder submits the evidence(s)/undertaking to the satisfaction of the purchaser that its parent company shall extend all the technical, managerial and financial support to the Bidder required for discharging all its obligations under the contract.

3.5 In case of Companies formed with amalgamation of two or more companies, if the Bidder does

not meet the stipulated requirements on its own, it can qualify if its constituent companies, either singly or jointly meets the qualification requirements as stipulated above in full provided, satisfactory proof of such amalgamation is furnished.

3.6 In case of companies formed after splitting of a company, it can qualify, if its parent company

meets the qualification requirements as stipulated above in full, only if the bidder is the true legal successor of the parent company and to the extent the succession is permitted.

B. BID DOCUMENTS 4.0 CONTENT OF BID DOCUMENTS 4.1 Unless otherwise specified in BDS, the Bid Documents shall generally comprise the followings:

(i) Invitation to Tender / Notice Inviting Tender, Instructions to Bidders (ITB), Bid Data Sheet (BDS), Forms and Price Schedules.

(ii) Draft Contract including General Conditions of Contract & Special Conditions of Contract

and (iii) Technical Specification including General Specification

4.2 Transfer of Bid Documents/Bids: Transfer of bid documents purchased by/issued to one bidder to another is not permissible.

Similarly transfer of Tenders submitted by one bidder to another party is not permissible. The alteration of bid once submitted is also not permissible except when agreed to by Purchaser in writing.

5.0 UNDERSTANDING BID DOCUMENTS AND LOCAL CONDITIONS 5.1 The Bidder is required to carefully examine the Notice Inviting Tenders, Draft Contract, General

Conditions of Contract, Technical Specifications, drawings and other details relating to work as given in the Bid Document and fully acquaint himself as to all conditions and matters which may in any way affect the work or the cost thereof. The Bidder shall be deemed to have on his own and independently obtained all necessary information for the purpose of preparing the bid and


his bid as accepted shall be deemed to have taken into account all contingencies as may arise due to such information or lack of the same.

5.2 The Bidder shall be deemed to have known the scope, nature and magnitude of the work and

the requirements of materials and labour involved etc. and as to all work he has to complete in accordance with the Contract no matter whatever be the defects, omissions or errors that may be found in the Bid Documents.

5.3 The Bidder is advised to visit and examine the site where the project/facilities are to be installed

and its surroundings and obtain for itself on its own responsibility all information including the procedure for engagement of agencies/ labour, that may be necessary for preparing the bid and entering into a contract.

5.4 Bidder shall be deemed to have carefully examined the site and surroundings, to have satisfied

himself about the nature and details of all existing structures, if any, and also as to the nature and conditions of the railways, roads, bridges and culverts, means of transport and communications, whether by land, water or air and as to possible interruptions thereto and the access to and from the site, to have made independent enquiries, examined and satisfied himself as to the sources for obtaining sand, stones, bricks and all other construction materials applicable royalties, the sites for disposal of surplus earth and debris, the available accommodation, underground existing services, sub soil conditions, sub soil water conditions, storms, prevailing winds, climatic conditions and all other similar matters which may affect the work.

5.5 The Bidder and any of its personnel or agents will be granted permission by the Purchaser to

enter upon its premises and lands for the purpose of such inspection, but only upon the express condition that the Bidder, its personnel and agents will release and indemnify the Purchaser and its personnel and agents from and against all liability in respect thereof and will be solely responsible for death or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection.

5.6 Minimum wages for contract labour shall be paid as applicable in that region from time to time.

Claims and objections due to ignorance of site conditions will not be considered after submission of bid.

5.7 The Bidder shall be deemed to have acquainted himself with the Indian Income Tax Act, 1961,

Indian Companies Act, 1956, Indian Customs Act 1962, Indian Electricity Act, Electricity Rules, Factories Act, Pollution Control Regulation and other Acts & Laws, rules and regulation as applicable for execution of works and prevalent in India, respective State(s) and at Project Site and as amended from time to time. The Purchaser shall not entertain any request for clarifications from the Bidders regarding such local conditions.

5.8 Any neglect or omission or failure on the part of the Bidder in obtaining necessary and reliable

information as stated above or on any other matter affecting the Bid shall not relieve him from any risks or liabilities or the entire responsibility for completion of the work in accordance with the Bid Documents


5.9 Failure to furnish all information required by the bid documents or submission of a bid not substantially responsive to the bid documents in every respect will be at the Bidder’s risk and may result in rejection of its bid.

5.10 The Bidder shall contact the person at the address as specified in BDS, with prior appointment for arranging site visit

6.0 CLARIFICATION OF BID DOCUMENTS AND BIDDERS (PRE-BID) CONFERENCE 6.1 A prospective Bidder requiring any clarification of the bidding documents may submit his

queries to the Purchaser, in written communication, at the address specified in BDS for submission of bids. The Purchaser will respond in writing to any request for clarification of the bid documents that it receives no later than Fourteen (14) days prior to the deadline for submission of bid set by the Purchaser. The Purchaser shall be under no obligation to respond to queries, which it receives after this stipulated deadline.

6.2 All such points for clarifications on the Bid Document should be made in one original and 5(five)

hard copies. Written copies of the Purchaser’s response (including description of the query but without identifying its source) will be sent to all prospective bidders that have received the bid documents till that date.

6.3 The Purchaser may convene a Bidders Conference (Pre-Bid Meeting) to clarify the Bidders’

queries and address other Bid Document related issues which may come up at that stage. The Date & venue of, pre-bid meeting, if any, shall be communicated at least 7 days in advance. The bidder’s authorised representative will be invited to attend the same.

6.4 In case any query remain un-replied it shall be construed that in respect of such query, the

respective stipulation of the Bid Document shall continue to apply and/or no new stipulation is made with respect to such query.

7.0 AMENDMENT OF BID DOCUMENTS 7.1 At any time prior to the deadline for submission of bids, the Purchaser may, for any reason,

whether at its own initiative, or in response to a clarification requested by a prospective Bidder, amend the bid documents. All such amendments shall be construed as integral part of the Bid Documents thereafter.

7.2 The amendment will be notified in writing to all prospective bidders who have purchased / been

issued the bid documents and will be binding on them. Bidders are required to acknowledge the receipt of such amendments, and it will be assumed that the same have been taken into account by the bidder in its bid.

7.3 In order to afford prospective Bidders reasonable time in which to take the amendment into

account in preparing their bid, the Purchaser may, at its discretion, extend the deadline for the submission of bids, in which case, the Purchaser will notify all bidders in writing of the extended deadline.


8.0 COST OF TENDERING The Bidder shall bear all costs associated with the preparation and submission of its bid

including site visits undertaken by the Bidder, and the Purchaser will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tendering process.

C. PREPARATION OF BIDS 9.0 LANGUAGE OF BID 9.1 The Bid prepared by the Bidder and all correspondence(s) incidental to and concerning the Bid

shall be in ‘English’ Language. 9.2 Printed literature(s)/Documents furnished by the Bidder written in another language, can be

accepted by the Purchaser provided, such literature(s)/documents are accompanied by translation of its pertinent passages (which the bidder desires to be taken into account by the Purchaser in its evaluation), in the language of the bid, failing which such literatures/documents shall not be taken into account by the Purchaser for evaluation of the bid. For purposes of interpretation of the bid, the translation shall govern and the responsibility for correctness in translation shall solely rest with the bidder.

10.0 BID SECURITY (EARNEST MONEY DEPOSIT) The EMD amount of Rs. 75,000/-(Rupees Seventy Five Thousand only) in the shape of Demand

Draft issued in favour of Neelachal Ispat Nigam Limited, payable at Jajpur Road / Bhubaneswar. SSI units may seek exemption subject to submission of their registration certificate for subject area of work. EMD shall be refunded to unsuccessful bidders after finalization

10.1 The Bidder shall furnish, as part of its bid, a bid security (Earnest Money Deposit), for the

amount as specified in Bid Data Sheet (BDS). 10.2 The bid security shall be in the form of either a demand draft drawn on an Indian Nationalised

Bank / Scheduled bank in a manner as specified in Bid Data Sheet (BDS) , or a Bank Guarantee from an Indian Nationalised Bank/Scheduled bank operable at place as specified in BDS.

10.3 In case of Bank Guarantee form a foreign bank it shall be from a first class foreign bank and it

shall be counter guaranteed by an Indian Nationalised bank / Schedule bank. Bank Guarantee from Indian Branch of a Foreign Bank is acceptable provided the Indian Branch is recognised by Reserve Bank Of India as a scheduled bank.

10.4 The format of the bank guarantee shall be in accordance with the “Earnest Money Bank

Guarantee Form” included in the bidding documents; other formats may be permitted, subject to the prior approval of the Purchaser.

10.5 Bid security shall remain valid for a period of 90 (Ninety) days beyond the original bid validity

period. The bid security Validity may be required to be extended, on request of the Purchaser, in the event of extension of Bid Validity.


10.6 Any bid not accompanied by an acceptable bid security, shall be rejected by the Purchaser as

being non-responsive. The bid security of a joint venture/Consortium must be in the name of all the partners in the joint venture/Consortium submitting the bid.

10.7 The bid securities of unsuccessful bidders will be returned after the award of the contract. 10.8 The bid security of the successful Bidder will be returned, when the Bidder has furnished the

required security deposit in terms of bidding document and, has signed the Contract Agreement.

10.9 The bid security may be forfeited

(a) if the Bidder withdraws/revokes unilaterally its bid either in part or whole during the period of bid validity.

(b) the prices are increased unilaterally after submission of the bid during its validity, (c) in the case of a successful Bidder, if the Bidder fails within the specified time limit (i) to furnish the required security deposit towards as required, (ii) to sign the Contract Agreement.

11.0 DOCUMENTS COMPRISING OF BID The Bidder shall prepare and submit the offer in 4 (four) parts in four separate envelopes as

follows: 11.1 Part – I : Earnest Money Deposit (EMD) Earnest Money Deposit as per stipulations of ITB shall be submitted as Part-I of the Bid in

separate envelope. The Bid not accompanied by EMD as per ITB stipulations shall be liable for rejection. 11.2 Part II: Technical Bid Technical part of the Bid (Part II) shall interalia include:

i) Documents and evidences in support of bidder’s fulfillment of stipulated technical qualification requirements,

ii) Technical details of the offer consisting of all the technical information including

description of plant/units/equipment, facilities, drawings, documents/leaflets & filled-up questionnaires as given in bid documents. Technical details shall interalia include:

a) Complete description of the plant and equipment offered including their

principles of operation and materials of manufacture with drawings and other information and documents;


b) The details of the various technical parameters and values as per requirement of bidding documents and performance guarantees proposed to be demonstrated, in respect of the Plant and Equipment under the work offered;

c) Itemised weights for Plant & Equipment.

iii) Detailed time schedule for completion of various activities of Work/Project within the time of completion of the project as per format provided in bid document,

iv) Resource deployment schedule indicating the bidder's proposal for deployment of (a)

construction equipment and other facilities at site and (b) organisation and man power deployment for this work at bidder's head office as well as at site as per format provided in bid document,

v) List of commissioning spares, recommended spares for operation and maintenance and

Insurance Spares, list of initial fill of oils, lubricants, grease and other consumables, and list of special tools and tackles, as required under bid documents,

vi) Details of consortium partner contractors and proposed major sub contractors, if any

along with, division of work;

vii) Technical deviations as per format, if any, included in Contract / Technical Specification; viii) Guaranteed PG parameters for Plant / Equipment in conformity with the

requirements and conditions stipulated in the bid documents.;

ix) Any other technical information the bidder wishes to furnish. 11.3 Part – III : Commercial Bid

i) Documents and evidences in support of bidder’s fulfillment of stipulated eligibility requirements,

ii) Documents as required under Financial Qualification requirement,

iii) Duly filled in and signed "Form of Bid";

iv) Power of Attorney/authorisation with the seal of the company in favour of the authorised signatory of the Bid;

v) A copy of Draft Contract(s), each page duly signed and stamped with official seal, by

authorised signatory of the Bid, as token of acceptance of terms, conditions contained therein.

vi) Copies of all price schedules (price part) BLANKING THE PRICE FIGURES but with all other

details;


vii) Details of present commitments of the bidder;

viii) Duly filled in Questionnaire on Financial Status as per format provided in bid document,

ix) Deviations to the Commercial Terms and Conditions, if any, as per format provided in bid document,

x) Copies of State Sales Tax (OST)/Central Sales Tax(CST) registration with Govt. authorities in respect of Indian Bidders (Sole Bidders, Indian Partner of Consortium) or proposed major Indian Sub Contractor of the Foreign Bidders;

xi) Copies of labour license(s) from statutory authorities, including electrical licences for

supervisors/labours for carrying out electrical work (from Govt. of Orissa) or in case the same is not available for the respective state(s), an undertaking that the same shall be obtained and submitted after the award of contract and before commencement of the work by the bidder at its own cost and risk;

xii) Statement containing very brief details of cases, if any, instituted against the Bidder and

the forum in which they are pending; 11.4 Part IV: Price Bid

(i) The bidder shall ensure that prices are quoted for full scope of work as stipulated in bid documents and in accordance with the terms of the bid document.

(ii) Price Part shall consist of prices with detailed break up of each item along with unit rates. This part shall interalia include:

(a) Prices with Detailed break up of price of each item as per annexed formats/Price

Schedules.

(b) List and itemised price of recommended spares for operation & maintenance, insurance spares, special tools and tackles, if any, and as required,

12.0 BID VALIDITY 12.1 Bids shall remain valid for the period of 60 days from the due date of submission of bids

(excluding the last date of submission of bids). A bid valid for a shorter period may be liable for rejection by the Purchaser.

12.2 If required, the Purchaser may request the Bidder to extend the bid validity period. 13.0 FORMAT AND SIGNING OF BIDS 13.1 Part – I of bid i.e. EMD alongwith its one copy shall be sealed in separate envelope and shall be

marked as “Part – I of Bid : Earnest Money Deposit” [one original and one copy]. 13.2 The Bidder shall prepare one (1) original and the one (1) copy of each of part-II (Technical) &

part- III (Commercial) of bid and one original and one copy of part – IV (price) of bid and seal


each one of them in a separate envelope, clearly marking each one as: “ORIGINAL-PART-I”, “ORIGINAL-PART-II”; “ORIGINAL- PART-III”, “ORIGINAL – PART – IV”, COPY NO. 1-PART-I,” “COPY NO. 1-PART-II,” COPY NO. 1-PART-III” , “COPY NO. 1-PART-IV” and so on as appropriate.

13.2 The original and all copies of the bid shall be typed or written in indelible ink on white paper

with all pages of A4 size. All pages of original bid as well as copies of the bid, except for unamended printed literature, shall be signed and stamped with official seal by the authorized signatory of the Bidder and machine numbered. Original and copies of bid shall be in solid binding.

13.3 Bid shall be submitted under a covering letter indicating clearly the summary of bid chapters

with annexures/schedules of the complete bid. All the copies of bids shall be complete in all respects with all their attachments/enclosures.

13.4 In the event of any discrepancy between the original and any copy, the original shall govern and

shall be considered for the purpose of evaluation of the Bid by the Purchaser. Also, during the process of tender evaluation, if at any stage it is observed that the tender document as uploaded in the web site has been tampered and submitted by the bidder, the bid of that bidder shall be cancelled and will not be considered for further evaluation. The EMD of the bidder shall be forfeited.

13.5 Insertion, post script, addition and alteration in the bid shall not be considered for the purpose of evaluation by the purchaser unless confirmed by the authorized signatories of bids and official seal.

D. SUBMISSION OF BIDS 14.0 SEALING AND MARKING OF BIDS 14.1 The Bid shall be prepared and submitted in double sealed envelope in the following manner:

All the envelopes of Part-I of bid (Original as well as Copy) shall be further sealed in an outer envelope/package and outer envelope/package shall be marked as: “PART- I OF BID: EARNEST MONEY DEPOSIT [ ONE ORIGINAL AND ONE COPY]” Similarly, the envelopes of Part-II, III & IV of bid (Original as well as Copies) shall be further sealed in an outer envelope/package and outer envelope/package shall be marked as: “PART- II OF BID: TECHNICAL BID [ ONE ORIGINAL AND ONE COPY]” , and “PART- III OF BID: COMMERCIAL BID [ ONE ORIGINAL AND ONE COPY]”, and “PART- IV OF BID: PRICE BID [ ONE ORIGINAL AND ONE COPY]” as appropriate.

14.2 The inner and outer envelopes shall (a) be addressed to the Purchaser at the address as specified in ITB Clause 15.1, and

(b) bear the following details : PROJECT NAME : TENDER FOR : ITT / NIT NO. : DO NOT OPEN BEFORE: [Insert Due date and time of submission]


14.3 Each envelope/package shall indicate the name and address of the Bidder to enable the bid to be returned in unopened in case it is declared “late.”

14.4 If the inner/outer envelope(s) are not sealed and marked as per above, the Purchaser will

assume no responsibility for the bid’s misplacement or premature opening. Such bids shall be liable for rejection by the Purchaser.

15.0 DEADLINE FOR SUBMISSION OF BIDS : 15.00 Hrs of 02.01.2013. 15.1 Bids must be received by the Purchaser at the address and by due date and time, as specified in

BDS. 15.2 The Purchaser may, at its discretion, extend this deadline for submission of bids. 16.0 LATE BIDS Any bid received by the Purchaser after the bid submission deadline as specified under ITB, will

be rejected and returned unopened to the Bidder. E. EVALUATION OF BIDS 17.0 EVALUATION OF EARNEST MONEY DEPOSIT (PART – I) 17.1 The Purchaser shall first examine the Bid Security submitted by the Bidder for its compliance

with bid documents. 17.2 A positive determination i.e Bidder’s fulfillment of stipulated requirement and acceptability of

its Bid Security will be a prerequisite for the Purchaser to evaluate technical and commercial parts i.e. parts II and III of Bidder’s Bid. A negative determination will result in rejection of the Bidder’s bid without its further evaluation.

18.0 EVALUATION OF TECHNICAL AND COMMERCIAL BIDS (PARTS – II & III) 18.1 Part II & III i.e., the technical & commercial parts of the Bid of only such bidders shall be

evaluated, whose EMD are acceptable to the Purchaser. 18.2 Techno-commercial evaluation including eligibility criteria & qualification requirements thereof

shall be carried out based on the information/documents submitted in response to stipulated requirements of the bid documents. The bid shall be evaluated for complete scope of work.

18.3 The Purchaser will carry out a detailed evaluation of the Techno-commercial parts of the bid in

order to determine whether the technical aspects/details furnished, are substantially responsive to the requirements set forth in the bid documents. In order to reach such a determination, the Purchaser will examine the information furnished by the Bidder, taking into account of following factors:


(a) Fulfillment of stipulated eligibility criteria & qualifications requirements by the Bidder. (b) Overall completeness and compliance with the Technical/Tender Specification and

drawings, and deviations from the Technical/Tender Specification; (c) Achievement of specified performance criteria/parameters of the equipment/facilities; (d) Compliance with the stipulated time schedule and any alternative time schedules

offered by bidders, as evidenced by a milestone schedule provided in the bid The bidders are required to adhere the stipulated completion schedule specified in the Bid Documents. While no credit will be given to earlier completion, the bids offering completion schedule beyond stipulated completion will be liable for rejection as being non-responsive.

(e) Any other relevant technical factors that the Purchaser deems necessary or prudent to

take into consideration (f) Any material deviation to the commercial and contractual provisions stipulated in the

bidding documents.

The followings provisions of Bid documents shall be considered as critical and deviation to such provisions shall constitute material deviation, which shall render the bid liable for rejection as being non-responsive: (i) Earnest Money Deposit (ii) Appilicable Laws (iii) Taxes and duties (iv) Warranty (v) Effective Date of Contract (vi) Performance Guarantees (vii) Patent Indemnity (viii) Indemnity (ix) Security Deposit (x) Liquidated damages (xi) Force Majeure (xii) Arbitration (xiii) Jurisdiction of Courts

18.4 In the Techno-Commercial evaluation of the bids, the Purchaser may waive any minor non-

conformity or irregularity in the bid that does not constitute material deviation. 18.5 The bid that do not meet acceptable standards of completeness and/or is not in conformity with

stipulated requirements will be liable for rejection as being non-responsive. 18.6 The price bid evaluation shall be carried out only in respect of techno-commercially responsive

and acceptable bids. 18.7 The Purchaser reserves the right to place order for the full or part of the tender quantity and

also, the order may be placed on one or more bidders by splitting the order quantity. 19.0 CLARIFICATION OF BID AND TECHNO-COMMERCIAL DISCUSSIONS


19.1 Purchaser, if required, may obtain clarifications, at its discretion, on any issue of the offer including clarifications on material deviations included in the offer by bidder, by requesting for such clarifications from any or all the bidders to facilitate the evaluation of offer.

19.2 If necessary, The Purchaser may conduct discussions/clarification meetings with each or any

Bidder to clarify any aspects of its Techno-Commercial bid. Unless permitted or requested by the Purchaser, which he may do so at his discretion,

Performance Guarantee (PG) parameters and guaranteed values once furnished shall not be subject to change. Any unilateral change by the bidder in furnished Performance Guarantee (PG) parameters and/or guaranteed values shall render the bid liable for rejection as being non-responsive.

The Bids offering PG parameters and guaranteed values not in conformity with the requirements stipulated in bid documents will be liable for rejection as being non-responsive.

19.3 During Techno-Commercial evaluation of Bid, the Purchaser may bring to the attention of the

bidder any matter, technical or otherwise, where for whatever reason; it requires amendments or changes to be made to the Bid documents/Techno-Commercial bid. All such amendments or changes required by the Purchaser will be formally notified to the Bidder, which will form part of the bidder’s bid.

19.4 In the process if any bidder desires to revise the prices quoted by him as a result of techno-

commercial discussions/clarifications, the bidder, at the purchaser’s discretion, may be permitted either to submit addition/deletion with respect to original price bid or to submit the revised price bid.

20.0 EVALUATION OF PRICE BIDS (PART-IV) 20.1 Price Bids (Part IV) shall be evaluated of only those Bidders whose Techno-Commercial parts of

the bid (Part-II & Part - III) are determined by the Purchaser to be Techno-commercially acceptable.

20.2 The prices quoted in foreign currency, if any, will be converted into equivalent Indian Rupees.

The BC selling exchange rate prevailing on the due submission date of final price bid, issued by State Bank of India, will be the basis for evaluation of bids.

20.3 In case of bids offering deviations w.r.t. stipulated delivery schedule and payment terms, and if

such deviations are acceptable to the Purchaser, which shall be at its discretion, quoted prices shall be loaded if so specified in BDS, by factors as considered appropriate by the Purchaser for the purpose of price evaluation.

20.4 Technical loading on quoted price shall be done, if so specified in BDS, for the Plant &

equipment offering differing performance parameters & guaranteed values and utilities consumption rates as per stipulations specified in BDS.

20.5 In case, a bidder does not quote for all the items for which unit rate(s) quotation have been

invited for estimated quantities specified in the bid documents by the Purchaser, the total


quoted price of the bidder shall be loaded by the highest price quoted for that item by other bidders, for the purpose of evaluation. However, if such bidder is selected for award of contract, the price for the items not quoted by him shall be negotiated and finalised prior to award of the contract.

20.6 Prices shall be mentioned in words & figures both. In case of any contradictions between the

prices mentioned in figures and words, the prices mentioned in words shall be considered final. Also, in case of any arithmetical errors in regard of total amount and individual amount, individual rates shall be taken as final and the total amount shall be adjusted accordingly.

21.0 DISQUALIFICATION Even if the bidders meet all criteria for qualification, they are liable to be disqualified if they

have:

a) Made untrue or false representations in the forms, statements and enclosures submitted in proof of qualification requirements, and/or,

b) Any record of poor performance such as bad workmanship, abandoning the work, not

properly completing the work, inordinate delays in completion, or financial failure, non-fulfillment of warrantees and guarantees etc.

c) Any record of civil or criminal cases pending against the bidder or decided against him.

F. AWARD OF CONTRACT 22.0 AWARD CRITERIA 22.1 Subject to stipulations of bid documents, the Purchaser will award the contract to the successful

Bidder whose bid has been determined to be substantially techno-commercially responsive & acceptable and lowest evaluated.

23.0 PURCHASER’S RIGHT TO ACCEPT ANY BID OR TO REJECT ANY OR ALL BIDS The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process

and reject all bids at any time prior to award of contract, without assigning any reason thereof and without thereby incurring any liability whatsoever to the affected Bidder or bidders.

24.0 LETTER OF AWARD (L.O.A.) 24.1 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful

Bidder in writing, that its bid has been accepted. The Letter of Award will constitute the formation of the contract.

24.2 Upon the successful Bidder’s signing of Contract Agreement, the Purchaser will notify each

unsuccessful Bidder of the outcome of its Bid and will discharge its bid security.


25.0 SECURITY DEPOSIT 25.1 Within the period, as specified under Draft Contract, the successful Bidder shall furnish the

security deposit as per its stipulations. 25.2 Failure of the successful Bidder to comply with requirements of this Clause, the letter of award

issued to the bidder may be annulled and the bid security (Earnest Money Deposit) of the bidder be forfeited. In such event, the Purchaser may make the award to the next lowest evaluated Bidder or call for new bids, as considered appropriate.

26.0 SIGNING OF CONTRACT AGREEMENT The enclosed Draft Contract including General Conditions of Contract, Special Conditions of

Contract and Contract Specification / Formats of Annexures (which shall be duly filled after Techno Commercial evaluation) shall form the basis of the final contract to be entered into with the successful bidder. The Bidder shall carefully go through the terms & conditions and other requirements given in the same and his offer should be in line with the same. If required, the Purchaser may enter into following contracts:

(a) For supply of imported equipment and supervision services, if any (with foreign prime

bidder/foreign consortium partner of Indian Prime Bidder).

b) For supply of indigenous equipment (with Indian Bidder/ Indian consortium partner of foreign prime bidder).

c) For services comprising civil work, erection and commissioning including PG Tests etc.

(with Indian Bidder/ Indian consortium partner of foreign prime bidder).

d) Overall responsibility agreement with the Prime Bidder of the Consortium to own the full responsibility and liability for faithful and due performance of the Contract Agreement (s) entered by the Purchaser with his Consortium Member (s).

NEELACHAL ISPAT NIGAM LIMITED IRON AND STEEL PLANT

DUBURI, ORISSA

Section – III (BDS) Page 1 of 4 Civil Works of Welfare Building in SMS

SECTION-III : BID DATA SHEET (BDS)


DUBURI, ORISSA


BID DATA SHEET The following bid-specific data shall be complementary to the provisions in the Instructions to Bidders (ITB), unless any provision of a BDS Clause expressly modifies, amends, deletes or replaces the stipulation of a ITB Clause.

Sl. No. Ref ITB Clause No, If

applicable

As per BDS

1.0 - Name of Project/Work:

Construction of Welfare Building in SMS area inside NINL Premises as per required technical specification, for Neelachal Ispat Nigam Limited, Duburi, Jajpur, Orissa (India).

2.0 ITB Clause 2.0

Eligible Bidders :

Financial Eligibility: The bidder should have experience of having completed building and reinforced concrete work during last 5 years of any of the following description of work: i) Three similar completed works of not less than Rs. 38.00 Lakhs each. ii) Two similar completed works of not less than Rs. 47.00 Lakhs each. iii) One completed work of not less than Rs. 76.00 Lakhs. The average annual turn-over of the business should be minimum Rs. 28.00 Lakhs during last three years ending with 31st March, 2012.

Technical Competency:

The bidders should have associated with the execution of industrial work such Construction of Industrial Building, Equipment Foundation etc. preferably in Steel Plants alongwith the possession of following machineries / material:

i) 1 No. Excavator with 2 Nos. of Dumpers (Either ownership

document or lease agreement for three months to be attached). ii) 2 Nos. of 10/7 Concrete Mixture Machines. iii) 2 Nos. of Needle Vibrator with at least 10 Nos. of 60 mm Dia

Needle and 4 Nos. of 40 mm Dia Needle. iv) 1 Nos. of De-Watering Pump of 5 HP Capacity. v) 1 Nos. of De-Watering Pump of 2 HP Capacity. vi) The bidder to confirm the mobilization at least 500 Sqm. of

Shuttering Ply alongwith 1000 Nos. of Scaffolding Pipe & 2000 Nos. of Swivel Clamps.

The bidders should have adequate Nos. of Technical Supervisors and minimum 1 No. of Diploma engineer.

3.0 ITB Clause 3.1

Technical Qualification Requirements:

As specified in Technical Specification, included in Tender documents.

[ Bidder shall furnish all information and documents as required under technical specification in support of his technical qualification]


DUBURI, ORISSA



applicable

As per BDS

4.0 ITB Clause 3.2

Financial Qualification Requirement:

Net worth in last three financial years shall be positive.

5.0 ITB Clause 4.1

Bid documents comprises of followings :

Vol - I : Invitation to Tender comprising of, Instructions to Bidders (ITB), Bid Data Sheet (BDS), Forms & Price Schedules.

Vol – II : Darft Contract(s) comprising of :

(a) Draft contract for Construction of Welfare Building in SMS Area in NINL Premises as per required technical specification.

(b) Contract Specification [ Schedule- 4 of Draft Contact(s) ] consisting of Technical Specification.

6.0 ITB Clause 5.10

Purchaser’s address to contact for site visit:

Executive Director (Project), Neelachal Ispat Nigam Limited At Kalinga Nagar Industrial Complex P.O. Duburi, Orissa Phone: +91 6726 264022

7.0 ITB Clause 6.0

The address for communications for obtaining clarifications on bidding documents, if any, shall be :

Sr. Manager (Commercial) Neelachal Ispat Nigam Limited Neelachal House, 2nd Floor Kalinganagar Industrial Complex Duburi, Dist. Jajpur, Orissa – 755026

e-mail : [email protected]

8.0 ITB Clause 10.0

Amount and mode of Bid Security (Earnest Money Deposit):

(a) Amount of Bid Security in Indian Rupees 75,000/- (INR Seventy Five Thousand only)

(b) Mode: DD from the bank as specified in ITB , in favour of “ Neelachal Ispat Nigam Limited” payable at Bhubaneswar , or Bank Guarantee operable at Bhubaneswar as per details given in ITB.

All other stipulations of ITB shall remain unchanged.


DUBURI, ORISSA



applicable

As per BDS

9.0 ITB Clause 15.1

Address and Deadline for submission for Bid:

(a) Purchaser’s address for submission of Bid:

Sr. Manager (Commercial) Neelachal Ispat Nigam Limited Neelachal House, 2nd Floor Kalinganagar Industrial Complex Duburi, Dist. Jajpur, Orissa - 755026 (b) Deadline for submission of Bids: 15.00 (Fifteen) hours “Indian Standard Time (IST)” on 2nd January, 2013

10.0 ITB Clause 20.3

Loading for Price evaluation : As per ITB


DUBURI, ORISSA

Sec-IV Forms Page 1 of 20 Civil Works of Welfare Building in SMS

SECTION-IV : FORMS


DUBURI, ORISSA


SECTION-IV: FORMS

CONTENTS

Form No. Description Page No.

1. Form of Bid

3 of 20

2. Form for Bank Guarantee against Earnest Money Deposit

5 of 20

3. Overall time schedule

7 of 20

4. Resource Deployment Schedule

8 of 20

5. Questionnaire for Financial Status

9 of 20

6. Reference of similar work

10 of 20

7. Deviation schedule to commercial Terms & Conditions

11 of 20

8. Form for consortium agreement

12 of 20


DUBURI, ORISSA


FORM-1 FORM OF BID

(To be submitted by the Bidder with the Bid on Bidder's letterhead) From: ________________________ ________________________ ________________________ ________________________ To: Neelachal Ispat Nigam Ltd. Kalinganagar Industrial Complex Duburi, Dist. : Jajpur PIN-755026 Orissa Subject: 1. Having carefully examined all the Bid Documents attached to your Invitation to Bid No.

_______________ dated ___________, we offer to complete the WORKS in conformity with all the terms and conditions stated in Bid Documents. The Plant & Equipment and Services offered are of best and latest standards.

2. We undertake, in case our bid is accepted, to commence the work from the effective date of Contract

and to complete and deliver the whole of the work and responsibilities comprised in the contract within ......... (both in figures and words) months as stipulated in the Technical Specifications.

3. We are submitting the Earnest Money deposit for a sum of ............ in the form ....................... as

instructed by you. This Earnest Money shall be governed as per the stipulations provided in the "Instructions to Bidders".

4. We agree to abide by and keep our Bid valid initially for a period of 180 (one hundred eighty) days

from the due date of submission of Bids, and it shall remain binding on us and may be accepted at any time before the expiry of that period.

5. Should our Bid be accepted, we hereby agree to abide by and fulfil all Terms and Conditions of Bid

Document as accepted by us and in default thereof, to forfeit and pay to Neelachal Ispat Nigam Limited (NINL) or NINL's successors, assignees or authorised nominees such sums of money as are stipulated in conditions contained in Bid Documents and agree to furnish Bank Guarantee towards Contract Performance as per the proforma prescribed by NINL and acceptable to NINL and for the sum equal to 10% of "Contract Price" (including provision for covering future escalation in prices due to variation in scope of work, if any), for the entire scope of work within 30 days from the date of issuance of Letter of Award. We understand that NINL are not bound to accept the lowest or any Bids received and NINL has the right to reject any bid, without assigning any reason whatsoever.

6. This Bid together with written Acceptance thereof, shall constitute a binding CONTRACT between

NINL and ourselves till a formal contract is executed.


DUBURI, ORISSA


7. We have also furnished an internal Agreement with our Consortium Partners and Indian Assignee in

line with NINL's requirements. * 8. Date __________________ day of _________________________ Signature ____________________ In the capacity duly authorised to sign bids for and on behalf of ______________________________ (IN BLOCK LETTERS) (with the Company seal) Witness : 1. Signature _________________ Date ____________________ Address ___________________ Occupation ________________ 2. Signature _________________ Date ____________________ Address ___________________ Occupation ________________

* Delete, if not applicable. [ Note: Power of Attorney in favour of authorised signatory of this Bid Form shall accompany]


DUBURI, ORISSA


Form-2

FORM FOR

BANK GUARANTEE AGAINST EARNEST MONEY DEPOSIT

[1. The Bank Guarantee should be furnished on a non-judicial stamp paper of appropriate value 2. The stamp paper should be purchased in the name of Bank executing the Guarantee.] M/s Neelachal Ispat Nigam Limited IPICOL House, 1st Floor, Janpath, Bhubaneswar Dear Sirs, 1. In consideration of your agreeing to accept Guarantee towards Earnest Money of US $ / INR

_________________ (US Dollar/INR _____________________________) against the Tender No. _______________________ dated ____________ floated by M/s Neelachal Ispat Nigam Limited (hereinafter called the “Purchaser”) M/s ________________ (hereinafter called the Tenderer) requested us to provided the guarantee to fulfill the tender condition, we _________________________________ _________________________________ (Banker’s name) are holding in trust in favour of you the amount of Rs. ____________ (Rupees ____________________________) and agree to pay to you on demand immediately without protest or demur or reference to the Tenderer, if the Tenderer failed to perform all or any of their obligation under the said Tender. The decision of the Purchaser duly communicated in writing to the Bank that the Tenderer have failed to perform all or any of the obligation under the said Tender shall not be questioned and shall be final and conclusive (irrespective of stand that can be taken by or on behalf of Tenderer). The said amount of Rs. _______ (Rupees _______________________________) will accordingly forthwith be paid without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ________ days from the date of

issue and shall continue to be enforceable till six months thereafter and that we ______________________________________________ (Bank) undertake not to revoke this guarantee during its currency without the consent in writing of the Purchaser.

3. We ____________________ (Bank) further agree that Purchaser shall have the fullest liberty without

affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said Tender from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said Tenderer and/or forbear to enforce any of the terms and conditions relating to the said Tenderer and we shall not be released from our liabilities under this guarantee by the reason of any such variation or extension being granted to the said Purchaser or for any forbearance and / or omission on part of Purchaser or any indulgence of the Purchaser, to the said Tenders or by any other matter or thing whatsoever which under the law relating to the sureties would, but for this provision have the effect of so releasing us from our liability under this guarantee. We __________________________ (Bank) further agree that the guarantee herein contained shall not be affected by the liquidation or winding up, dissolution or change in the constitution of the said Tenderer.


DUBURI, ORISSA


4. Your right to recover the said sum of INR _________________ [(INR)Rupees _____________ ________________________ only] from us in any manner will not be affected or suspended by the reason of the fact that any dispute or disputes have been raised by the Tenderer and/or that any dispute are pending before any officer, Tribunal of Court.

5. We have power to issue this guarantee in your favour and the undersigned has full power to execute

this guarantee under the Power of Attorney granted to me by the Bank.

For & on behalf of ________________ (Banker’s Name) ________________ Branch Manager (Banker’s Seal)

Signed and delivered Dated ____________ For and on behalf of the above Bank


DUBURI, ORISSA


FORM-3

OVERALL TIME SCHEDULE

(Bidder to fill-in for the Project and return with his Bid)

Sl. No. Description of Activity /

Work Weeks from Effective Date of Contract

Start Finish

Total Contractual completion time for entire work : under the scope for the Project.

…………….. months / weeks from the Effective Date of Contract

Signature : _____________________ In the Capacity duly authorised to sign bids for and on behalf of

_______________________ (IN BLOCK LETTERS) (with Company seal)

Notes : 1. The Bidder shall furnish the schedule of all major activities related to design, engineering,

supplies and other services, site work like construction/erection, testing, commissioning, PG tests etc., activities related to associated civil/structural/mechanical/electrical/instrumentation etc whichever and wherever applicable.

2. For civil/structural works at site, the detailed activity wise time schedule for each major activity

connected with the work under the scope shall be furnished. 3. The details of activity wise schedule shall be in line with the work requirements and the scope

setforth in the Draft Contract and other bidding documents included therein. 4. All tasks/activities shall be carried out in sequential manner so as to achieve the project

implementation within stipulated contractual completion time schedule and as per requirements and stipulations setforth in bidding documents.


DUBURI, ORISSA


FORM-4

RESOURCE DEPLOYMENT SCHEDULE

(Bidder to furnish details as required herein below alongwith his Bid) 1. Construction / Erection Equipment, Tools & Tackles etc. The Bidder shall indicate the schedule of construction/erection equipment in line with the requirements

setforth in Draft Contract and other Bidding Documents with details of each which he proposes to deploy at site for the contract work as per the following proforma:

--------------------------------------------------------------------------------------------------------------------------------------- Sl. Description of Make Capacity Year of Quantity No. constn./ erection eqpt. lift, reach etc. manufacture --------------------------------------------------------------------------------------------------------------------------------------- 2. Organisation and Manpower Deployment The Bidder shall indicate: a/ Number of Engineers with details, he proposes to deploy at his Head Office for

Design and Engineering and for equipment procurement and follow-up including bio-data of key personnel.

b/ Site organisation with details and bio-data of the site-in-charge and other key

personnel. c/ Skilled and unskilled labour, major activity-wise and skill-wise in man-months. 3. The Bidder shall indicate the details of initial mobilisation at site, which will be mutually discussed and

finalised with the successful bidder before award of the contract. 4. It is the responsibility of the successful bidder to mobilise all additional resources, if the progress is

slow or to make up the delay already occurred in order to match the completion schedule.


DUBURI, ORISSA


FORM-5

QUESTIONNAIRE ON FINANCIAL STATUS

(Bidder to furnish details as required herein below alongwith his Bid)

1. Certified/Published Balance Sheet/Annual Report for the last 3 years. 2. Certified Financial Position regarding : i/ Working capital (difference between current assets and current liabilities). ii/ Capital Employed - net fixed assets plus working capital. iii/ Net worth - paid up capital plus reserves. 3. Certified Liquidity and solvency statement giving : i/ Ratio of current assets to total net assets. ii/ Ratio of quick assets (Sundry debtors, loans and advances, cash and bank balances) to current liabilities. 4. Provision for contingent liabilities, if any. 5. The value of the single major order executed and time taken for its delivery / completion during the

past 5 years. 6. Orders in hand at present - Nos. of major orders, value and date of delivery, name of the customer

against each. 7. Source and application of funds statement during last three years. 8. Certificate from the Bankers regarding credit worthiness. 9. Up-to-date Sales Tax & Income Tax Clearance Certificate. (Indian Bidders/Indian Assignee)


DUBURI, ORISSA


FORM-6

REFERENCE OF SIMILAR WORK Sl. No.

Full particulars of similar works carried out by the bidder

Amount of work (Rs.) (In

Million) (INR)

Completion time as stipulated

Actual completion time

Date of commissioning

Name and address of authorities for whom work was carried out

[Notes 1) A separate sheet shall be used by the bidder for each of its client for giving the

details in the proforma mentioned above. The sheet shall be duly signed and submitted with the bid (Part II).

2) The bidder shall furnish the above details relevant in support of Qualification

criteria.

3) Such table alongwith documentary evidence shall be furnished for the Bidder/Consortium or Joint Venture partners and his proposed major sub-contractors individually.

4) Performance certificate from the Clients for satisfactory completion and

operation of Units/Works executed by the bidder shall be submitted along with the form. Without performance certificate from the client, the information shall be taken as incomplete and shall be evaluated accordingly.]


DUBURI, ORISSA


FORM-7

DEVIATION SCHEDULE TO COMMERCIAL TERMS & CONDITIONS

(If the proposal has got any deviation from the GCC / SCC, Bidder shall tabulate those deviations in this Schedule. Attach more sheets, if necessary. It is confirmed that except those deviations, as tabulated hereunder, the complete offer is in agreement with the specification requirement. -------------------------------------------------------------------------------------------------------------------------------- Sl. Clause No. as in General Conditions Deviations Reasons for No. the ITT/ NIT & General of Contract/SCC proposed by deviations Conditions Stipulations the Bidder of Contract/SCC ------------------------------------------------------------------------------------------------------------------------------- __________________________________________________________________________ Bidder’s Signature with Seal [Notes: 1/ Deviation, if any, shall be indicated only in this schedule.

2/ Deviation listed elsewhere shall be summarily rejected and shall also be ignored. Bidder shall be solely responsible & liable for such deviation included in his bid

3/ No separate printed terms and conditions shall be considered and shall be

totally rejected.

4/ Deviations shall only be discussed during the bid negotiations, if any, and no fresh additional deviations shall be entertained.

5/ Deviations, if any, constituting material deviation in terms of bid documents

shall render the bid liable for rejection. ]


DUBURI, ORISSA


FORM- 8

FORM FOR CONSORTIUM AGREEMENT

CO-OPERATION AGREEMENT BETWEEN ....................................................... FOR SUBMISSION OF TENDER AND EXECUTION OF CONTRACT FOR ................... PLANT FOR NEELACHAL ISPAT NIGAM LTD. This ............................ AGREEMENT is made this ........ day of ......................... By and between ...................................................................................................... (Hereinafter referred to as ".............") having its office at ................................................ (which expression shall, where the context so admits, include its successors in title and assigns) of the FIRST PART; AND ......................................................................................................... (Hereinafter referred to as "............."), having its Registered Office at ...................................................................... (which expression shall, where the context so admits, include its successors in title and assigns) of the SECOND PART; (Both ................. AND .................. hereinafter collectively referred to as " the Leaders") AND ........................................................................... (hereinafter referred to as " .............") having its Registered Office at .................................................. and Project & Engineering Office at ...................., .............................., ....................... India (which expression shall, where the context so admits, include its successors in title and assigns) of the THIRD PART; AND .............................................. (hereinafter referred to as "..............."), a company incorporated under the Indian Companies Act, 1956 and having its Registered Office at .................................................................................., Orissa and Head Office at .................................................. (which expression shall, where the context so admits, include its successors in title and assigns) of the FOURTH PART; (Both ................ AND ................ hereinafter collectively referred to as "the Associates") (The parties to this agreement, ...................................... and ....................... hereinafter collectively referred to as "the Parties"). WHEREAS the Leaders possess extensive know-how and experience in the design, engineering, construction, manufacturing and operation of ................ Plants.


DUBURI, ORISSA


AND WHEREAS the Associates have experience in execution of contracts for various industrial plants on turnkey basis. AND WHEREAS ......................................................., A COMPANY INCORPORATED UNDER THE Companies Act, 1956 and having its office at ...................... ....., in the State of Orissa, India (hereinafter referred to as " Purchaser:") has issued tender enquiry No. ........................................................... for construction of a new ........................ Plant at the Purchaser's site (hereinafter referred to as " the Plant"). AND WHEREAS the Leader is desirous of submitting a tender to the Purchaser for execution of the contract for the plant as per tender specification in association with the Associates, the Leader as the main bidders and the associates as the joint bidders; AND WHEREAS the Parties have entered into a tie-up Agreement on _________________ (hereinafter referred to as "the Principal Agreement") for the purpose of submission to the Purchaser for confirming the tie up between the parties; AND WHEREAS the parties are now desirous of entering into this Supplementary Agreement in respect of the Principal Agreement clearly defining the scope and responsibilities of the parties and to clarify certain articles of the Principal Agreement in the manner hereinafter appearing Both the Principal Agreement and the Supplementary Agreement are collectively hereinafter referred to as the Agreement. NOW THIS AGREEMENT WITHNESSETH AS FOLLOWS : ARTICLE - 1 SCOPE OF THE PARTIES 1.1 The tender shall be submitted to the Purchaser by the Leader in its own name and shall form the

basis of the contract with the Purchaser. The Leader shall stipulate in the tender that ................... AND ....................... will be their associates for undertaking all the Indian supplies and services as provided in Contract No. -_______.

1.2 The Leader shall provide the Associates all required data, drawings, specifications and other

information / details to enable the associates to prepare its portion of the tender including the information required for estimating the marine freight and Insurance. Any difference between the estimation with the real happening shall be on the Associates' account. These shall be furnished by the Leades to the associates well in advance to allow the Associates sufficient time to prepare its portion of the tender and submit to the Leader.

1.3 The Leader and the Associates shall jointly discuss and prepare their respective portions of the

tender. 1.4 The parties shall co-operate with each other in all the matters connected with the contract for a

smooth and successful execution of the contract.


DUBURI, ORISSA


ARTICLE - 2 SCOPE OF SUPPLIES & SERVICES 2.1 The division of scope of supplies services between the parties shall be as per Annexure -……...

The division of scope of supply of critical equipment between the Parties shall be as per Annexure-…………... The services to be rendered by ………………… to the experts of Leader at India shall be as per Annexure - ………….

Any subsequent change in the scope of supplies shall be mutually agreed upon and the price adjusted accordingly.

In addition to above, as members of the consortium, each party shall interalia be responsible and liable for its respective scope of work as follows, a) LEADER shall be responsible and liable for manufacture, supply and delivery at port of

shipment of plant equipment as stipulated in the technical specification for iron and steel plant at Duburi, ORISSA for ………………………………… on FOB PORT OF SHIPMENT BASIS AS PER Contract No. ……...

b) LEADER shall be responsible and liable for basic engineering of complete plant complex,

design & engineering of equipment as stipulated in technical specifications volume II and supervision of erection, testing of supplies made witness of testing of indigenous equipment supplied by the Purchaser. Start-up, interfacing & integration, commissioning and performance guarantee tests and training of Purchaser's personnel and other technical services associated with critical equipment, overall coordination for establishing performance guarantee for complete plant complex as per Contract No. ………….

c) Associate shall be responsible and liable for manufacture, procurement, supply of

equipment stipulated in technical specifications on FOR destination and delivery utpo project site basis as per Contract No. ........... including ........................ (on FOB basis, if imported).

d) Associate shall provide services of supervision of erection, start up, testing of equipment,

interfacing, integration, commissioning, performance guarantee tests of supplies covered under Contract No......................

e) Associate shall provide the services for marine transport & insurance, port clearance, etc.,

inland freight & transit insurance for delivery of FOB supplies and handing over at site as stipulated in technical specifications as per Contract No. .......................

f) Associate shall provide services towards port clearance, air insurance & freight, inland

freight & transit insruance for delivery of all the basic engineering drawings / documents and some other documents / drawings including revised drawings, if any, supplied by Leaders on FOB basis upto project site as per Contract No....................


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g) Associate shall provide the services towards engineering of equipment as required by the leader including services of supervision of manufacture, erection, start-up, testing of equipment, interfacing, integration, commissioning, performance guarantee tests including training in India as per Contract No. ...........

h) Associate shall assist the Purchaser for making the insurance claim for FOB Supplies.

If the scope of work of members of consortium is not mentioned specifically here, but is belonging to a specified member of consortium according to the contracts, then the specified member shall provide the same.

2.2 All the parties agree that as stipulated in the tender once the tender is accepted by the Purchaser,

the Purchaser shall award separate contracts on the parties for their respective portions of the work as per the tender and that all payments towards the supplies and services shall be made directly to the respective parties by the Purchaser in accordance with the contract.

2.3 The demonstration of performance of the plant is the responsibility of the leader. The Associates

shall be responsible and liable for their contractual obligations such as, manufacture of equipment with good workmanship and engineering practice, etc. Also all parties shall ensure the timely completion of their respective scope of contract.

To ensure the performance is achieved, Leader shall monitor and inspect the work being undertaken by its Associates regularly and inform the concerned Associates of any shortcomings and advise corrective measures and the Associates shall strictly follow the instruction & direction of Leaders.

ARTICLE - 3 IMPLEMENTATION, RESPONSIBILITIES AND LIABILITIES 3.1 The Leaders and the Associates shall furnish each other all necessary data and information as per

the time schedule agreed upon between the parties in accordance with the contract and the Leader and Associates shall complete their scope of work strictly according to the contract and time table.

3.2 The Parties shall keep each other informed of any and all developments which might be to the

interest of the parties during the execution of the Contract. 3.3 After award of the contract by the Purchaser a Project Execution Committee (PEC) shall be

formed consisting of one representative from each party. The representative from the Leader shall officiate as the Chairman of the Committee. The Committee shall formulate policy for execution of the contracts, monitor the progress of work of each party on a regular basis and the Committee shall directly co-ordinate with the Purchaser on all matters. In case of any dispute between the parties during the project execution, the decision of the Chairman of PEC shall be final and binding for all the parties. However this will not prevent any party from referring to arbitration, if required.

3.4 Each party shall consult the other party / parties before making any commitment / statement to the

Purchaser. All agreements / commitments to be made to the Purchaser on contractual matters shall have the prior approval of the Chairman of PEC.


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3.5 The parties shall be bound by the terms of the Contract in respect of their respective portion of work and shall perform their portion of work under the Contract and scope of work finalised between the parties independently in a coordinated manner for the successful execution of the Contract.

3.6 Purchaser as specified in tender document shall enter into separate contracts with Leader and

Associates, for engineering, supply of critical equipments, marine freight & insurance, port clearing services and supervision services, with detailed division of scope between parties. Each party shall be responsible and liable for executing his contractual scope in time and as per technical requirement of the Contract. Leader being the designer of critical equipment and technological structures shall be responsible for binding weight of the same as per contract conditions.

3.7 For the contract No. ......................... the Associates are solely responsible and liable to the

Purchaser. For this the leader being design, engineering and know-how supplier shall be responsible for the performance guarantees of the plant as a whole subject to the Associates successfully and completely fulfilling all their contractual obligations. The Associates shall be responsible and liable for fulfilling their services and supplies, both manufactured and procured, in respect to workmanship, good engineering practice etc. according to their contract and the requirements of basic engineering provided by Leader. The Leader shall be responsible for the correctness of weights, load data, quantities, specifications, etc. furnished to the Associates at the time of tendering in respect to the supplies and services to be undertaken by the Associates. The tolerance of the weight of the mechanical equipment and the quantities of main electrics and instruments shall be less than +5%. Any variation beyond shall be on account of the Leader.

3.8 To ensure proper manufacturing of the critical equipment and technological structures being

manufactured by its Associates the Leader shall supervise and inspect the manufacturing of the critical equipment and technological structures at the Associates workshops. Before dispatch of any equipment and technological structures by Associates, Leader shall inspect and issue dispatch instruction to the Associates when the Leader is satisfied with the supplies. But dispatch instruction issued by Principal Contractor shall not relieve any of the responsibilities and obligations of the Associates.

3.9 For any defects in equipment or components supplied by the Associates, the Associates shall repair

/ replace the equipment / components at their own cost.

For any services provided by the Associates, if it is found to be incorrect and insufficient, the Associates shall modify the incorrectness and supply the sufficient services immediately at their own cost.

3.10 ......................... being located at Bhubaneswar and having experience of engineering and project

management shall be coordinator to assist the Leaders in executing the contract and do the liaison work with due approval from the PEC and also shall render all assistance for providing all facilities for Office, lodging, boarding, and other facilities as to be required by foreign experts and insurance, registration, government's formalities required by Indian governments, etc. as per Schedule - 7 of tender documents during the experts' stay at India as has been detailed out in


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Annexure - .......... For this the required cost shall be reimbursed by the respective parties to Associate. In addition to Annexure - ......... Associate shall also render the following services.

i) The tender price for FOB supplies and services provided by the consortium only includes

the income tax and R&D cess as per existing rules and regulations as informed by Associate and as per Double taxation Treaty. Any other taxes, duties and tariffs relating to the supplies and services supplied by the consortium shall be for Purchaser's account Associate shall inform Leader any changes in prevailing rates of taxes, duties or levies from time to time.

ii) Associate shall be responsible for providing the General Specification for painting and

colour code including all data, information required by the Basic engineering to Leader. iii) Associate shall provide necessary assistance to the foreign experts for arranging and

obtaining at his own cost, the necessary work permits, visas extension (if required), police permits and other formalities required by the India government during Foreign experts' staying and working in India.

iv) Associate shall be responsible for all the site board for danger or for other notice, if any

required under the Law and/or by Purchaser. 3.11 Time being an important factor of the contractual obligation, each party shall be responsible and

liable for completion of their contractual scope as per the contractual time schedule. In the event of liquidated damage being claimed by the Purchaser due to delay attributable to a particular party, the particular party shall bear the liquidated damage claimed by client up to the maximum provision stipulated in their respective contract and the extra amount, if any, shall be shared by all parties including the default party prorata to their contract value.

3.12 If the liquidated damage for delay in time schedule claimed by the Purchaser is attributable to

members of the consortium but can not be attributable to a specific member of the consortium the damage payable shall be shared between the concerned parties prorata to their contract value.

3.13 Regardless of any responsibilities the Leader may have towards the Purchaser each party is

internally liable for the proper and timely execution of its portion of the work in the same manner as if it were an independent contractor of the Purchaser. In case of any contractor failing to adhere to his contractual obligation, the matter shall be referred to PEC under Article 3.3 above.

3.14 Each party shall be responsible to the other party / parties for complete and timely furnishing of all

data and information which one party requires from the other party for successful execution of the contract.

3.15 The parties shall safeguard each other's interest as if they were its own.


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ARTICLE - 4 FINANCING, BANK GUARANTEES AND INSURANCE 4.1 Each party shall finance their respective portion of the contract and bear the full commercial risks

because each has concluded a separate contract with the Purchaser. 4.2 Each party shall arrange for the necessary security deposits and bank guarantees as per the contract

in respect of its portion of the work at its own cost. 4.3 If any party considers it necessary to take out any insurance or insurances other than those

included in the contract, it may do so at its own cost. ARTICLE - 5 INFRINGEMENT OF PATENT

The Leaders shall save harmless and indemnify the Associates from and against all claims and proceedings for or on account of any patent rights, design, trade mark, copy right or name or other protected rights in respect of the items and plant covered under the contract and from and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

ARTICLE - 6 OBLIGATION OF SECRECY

The Associates agree to use the proprietary information (data, drawings, figures) delivered or disclosed to them by the Leaders under the Agreement only for NINL's this …………. Plant, not to use for any other projects whether it is their own projects or somebody else, and undertake to keep confidential such information.

If the consortium fail in getting the tender, Associate can not expose any of the information proprietary in nature (data, drawings, figures) delivered or disclosed to them by the Leaders during preparation of tender to any third party and can not use the above mentioned information for any other projects whether it is their own projects or somebody else.

Associates agree to keep confidential documents, drawings, data and other papers (collectively called "document") and information which are propriety in nature received from tenderer and to take all necessary care to prevent third parties, including employees of Associates not required to have access in the aforesaid materials / information from obtaining knowledge or making views in any way whatsoever of such documents and information. If it is necessary to pass on any information to an employee's or a subcontractor of Associates undertake to impose an obligation of the same kind on the subcontractor. Associates further agrees and undertakes not to make use of the said documentation or information either for installation of new plant or plants or for repair and rebuilding of any plant or plants other than the plant or plants for which this tender is submitted / contract is entered into without the prior written consent of the Leader and shall inform the Leader of any improvements made with respect to or in connection with the plant or plants installed by the tenderer and shall maintain confidentiality in respect of the said improvements / modification in the same manner as referred to herein above.


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ARTICLE - 7 DURATION AND TERMINATION 7.1 Unless terminated as per the Principal Agreement, the agreement shall remain in force until the

date on which the parties have discharged all responsibilities towards each other and the Purchaser under the contract for the plant and the parties have settled all outstanding matters among themselves. But Article - 6 "Obligation of Secrecy" shall be valid for 10 years.

7.2 In case any party goes into liquidation, bankruptcy or into similar situation, rendering it incapable

of fulfilling its obligations, the other parties shall be entitled to terminate the Agreement forthwith upon notice to the first party. In such a case the defaulting party shall share in all work and liabilities under the agreement until the date of cancellation; in such case, the other parties shall have the right to carry on with any other party or parties for the completion of the unfinished part of the work under the contract under intimation to the Purchaser.

ARTICLE - 8 FORCE MAJEURE

If any performance or any obligations under the Agreement by any party is wholly or partly prevented by act of God, acts of Government, acts of public enemy, war, hostility, civil commotion, riot, sabotages, fire, floods, explosions, epidemics, strike and lawful lock-out and any other cause beyond the control of the party as per contract, then provided Notice of happening of any such eventuality is given by the affected party to the other party within 15 days from the date of occurrence and cessation of the Force Majeure, the period of Force Majeure shall be excluded accordingly. If Force Majeure event(s) continue beyond the period of six months, the parties shall hold consultations to chalk out for further course of action. Neither party can claim any compensation from the other party on account of Force Majeure. Then the parties hereto shall consult each other promptly and in good faith with the object of minimizing the ensuing adverse effects on any of them and of enabling resumption of performance at the earliest opportunity. This does not apply to the obligation to pay the agreed payments for those supplies and services rendered already.

ARTICLE - 9 ARBITRATION

All questions, disputes or differences whatsoever arising between the parties hereto touching the construction, meaning, operation or effect of the agreement or arising out of or in connection with or relating to the agreement or breach thereof shall be settled by direct negotiations between the said parties. If no agreement is reached as a result of the direct negotiations within a period of 30 days from the commencement of such negotiations or within such period as may from time to time be determined by the said parties such question, dispute or difference or matter shall be referred to arbitration under ………………………………………………………………………………..

The venue of Arbitration shall be at ………………………...


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ARTICLE - 10 GENERAL 10.1 The agreement shall be interpreted in accordance with and governed by Indian Law

10.2 Any amendments or alterations or additions made in the agreement shall be only valid if in writing

and duly signed by the parties hereto. 10.3 In case one or more provisions of the agreement shall be held to be invalid or illegal, such

invalidity or illegality shall not affect any other provisions hereof. In such a case the parties undertake to replace the invalid provisions by such legal provisions as most suitable to realise the purpose of the original provisions.

10.4 Notwithstanding anything contained in the Contract, the terms and conditions contained in the

Agreement shall be binding on the parties to the extent those relate to their respective portion of work.

10.5 It is admitted and acknowledged by the parties hereto that it is impracticable to make provisions

for every contingency that may happen in the course of performance of the Agreement by the Parties hereto and the parties hereto accordingly declare that their intention is that the agreement shall operate between them fairly and without detriment to the interest of any of them.

10.6 All correspondence connected with the Agreement and the contract shall be in English language.

All notice, demands and / or other communications relating to the Agreement and the matters referred to herein shall be made in writing and shall be addressed to the parties at their respective address herein before referred to except that either party may change such address by notice in writing.

10.7 This agreement is subject to the finalisation of the contract. If any changes take place, this

agreement will be amended accordingly regarding the relevant changes required by the Purchaser. When the consortium discusses with Purchaser about the terms of contracts, some matters are found that those matters should be dealt with in the consortium agreement and some articles and clauses should be added into the consortium agreement, then the articles and clauses should be added into the consortium agreement after discussion and mutually agreed to among all the parties.

10.8 Thsi agreement will automatically terminate by …………………. if the client does not take

decision on this project by then. In such an event all parties shall discuss for revalidating this agreement.

10.9 If there is any conflict between the Principal Agreement and the Supplementary Agreement, the

Supplementary Agreement shall supersede the Principal Agreement. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on their behalf by their authorized representatives the day and year first above written. Note : The above format may be modified to suit the requirements with prior written approval of the

Purchaser.


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Sch – 1 : GCC Page 1 of 67 Civil Works of Welfare Building in SMS

SCHEDULE - 1 : GENERAL CONDITIONS OF CONTRACT


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SCHEDULE – 1 : GENERAL CONDITIONS OF CONTRACT

INDEX

Clause No. Clause Description Page No.

1.0 Definitions 4 of 67 2.0 Scope 8 of 67 3.0 Contract Price 14 of 67 4.0 Completion Time 17 of 67 5.0 Taxes and Duties 19 of 67 6.0 Terms of Payment 21 of 67 7.0 Deductions from Contract Price 22 of 67 8.0 Contract Specification 23 of 67 9.0 Security Deposit / Performance Bank Guarantee 23 of 67 10.0 General Obligations of Contractor 24 of 67 11.0 Labour 28 of 67 12.0 Work Permit, Passport, Security Pass etc. 33 of 67 13.0 Contractor’s Representative 34 of 67 14.0 Sub-Contracts 34 of 67 15.0 Drawings and Documents 35 of 67 16.0 Insurance 36 of 67 17.0 Type, Quality of Materials and Workmanship 39 of 67 18.0 Inspection & Tests 40 of 67 19.0 Construction / Installation of Works 42 of 67 20.0 Approval by the Employer 46 of 67 21.0 Employer’s Authority 47 of 67 22.0 Rejection 47 of 67 23.0 Responsibility for Performance of Contract 48 of 67 24.0 Completion Certificate 48 of 67 25.0 Defect Liability Period 49 of 67 26.0 Passage of Property and Risk 51 of 67 27.0 Emplyer’s Lien 51 of 67 28.0 Materials not incorporated in Works 51 of 67 29.0 Misuse of the Works 52 of 67 30.0 Protective Painting 52 of 67 31.0 Possession Prior to Completion 52 of 67 32.0 Liquidation, Death, Bankruptcy etc. 52 of 67 33.0 Secrecy, Titles 53 of 67 34.0 Negligence, Default and Risk Purchase 54 of 67 35.0 Indemnity 55 of 67


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Clause No. Clause Description Page No.

36.0 Suspension 56 of 67 37.0 Termination 57 of 67 38.0 Force Majeure 59 of 67 39.0 Assignment 61 of 67 40.0 Arbitration 61 of 67 41.0 Rights of Employer to vary the scope 61 of 67 42.0 Waiver 62 of 67 43.0 Amendment 62 of 67 44.0 Termination of Services of Contractor’s Personnel 63 of 67 45.0 Safety and Security 63 of 67 46.0 Compliance with Statutory Laws / Regulations 65 of 67 47.0 Applicable Law 66 of 67 48.0 Language 66 of 67 49.0 Notices 66 of 67 50.0 Severability 67 of 67 51.0 General 67 of 67 52.0 General Liability 67 of 67


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1.0 DEFINITIONS The following words and expressions as used in this Contract (as hereinafter defined)

shall have the meanings hereof assigned to them except where the context otherwise requires:

1.1 "Approval of the Employer" shall mean the written approval by the

Employer/Consultant of a document or drawing or other particulars or matters in relation to the Contract.

1.2 "Completion Time" shall mean the period stated in the Contract for the completion of

all works and services in terms of the Contract, from Effective Date of Contract. 1.3 "Contract" shall mean and include the Contract Agreement entered into between the

Employer and the Contractor together with all documents as referred to therein and annexed therewith.

1.4 "Contractor" shall mean the Tenderer whose tender has been accepted by the

Employer and on whom the Contract has been awarded by the Employer and shall include his heirs, legal representatives, successors and permitted assignees.

1.5 "Construction"/ “Installation” shall mean the construction of all civil works including

related supplies in accordance with the Contract/Technical Specifications including BOQ and stipulations of the Contract by and under the supervision of Contractor and will include any service which the Contractor is required to perform at the site with his own and/or other staff and/or labour for the due fulfillment of Contract.

1.6 “Contract Price” means the price of each item / category payable to the Contractor as

specified in the Contract, subject to such additions and adjustment thereto or deductions therefrom, as may be made pursuant to the Contract.

1.7 "Consultant" shall mean the Organisation (MECON LTD.) appointed by the Employer

as Consultant for the Project. 1.8 "Delivery" shall mean delivery of only such, materials and supplies as specified in the

Contract, by the Contractor in accordance with the Contract Specifications and the sequence of delivery schedule of the Contract. In case of construction and erection work, delivery shall mean the approval of the Employer to the said construction and erection work.

1.9 "Dimensions" shall mean the extent of a line, area, volume. They are to be based on

the metric system i.e. - for length measurement in km or mm. 1 km = 1000 m


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1 m = 100 cm 1 dcm = 10 cm 1 cm = 10 mm - for surface measurement, in sq. m. - for volume measurement in cu. m. 1.10 "Drawings"/ “Documents” shall mean the designs, plans, drawings including

diagrams, specifications, sketches etc and prints thereof and details which are required to be supplied by the Employer to the Contractor as per terms of the Contract for the purpose of execution of the Works as covered under the scope of the Contractor.

1.11 “Effective Date of Contract” shall mean Date of Letter of Award (LOA). 1.12 "Employer" shall mean and include Neelachal Ispat Nigam Ltd.(which expression shall,

unless repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns) and its different functionaries entrusted with the responsibilities in relation to this Contract in respect of the area of responsibilities of such functionaries.

1.13 "Engineer" shall mean the officer nominated by the Employer for the purposes of the

Contract work. 1.14 “Final Acceptance” shall mean issuance of Final Acceptance Certificate by the

Employer in terms of the Contract. 1.15 “General Conditions of Contract (GCC)” shall mean general conditions as stipulated

under the Contract. 1.16 "Inspector"/"Inspecting Engineer" shall mean any person or firm nominated by or on

behalf of the Employer or his duly authorised agent to inspect supplies of materials or work under the Contract.

1.17 "Letter of Award" shall mean acceptance of tender. 1.18 "Manufacturer" refers to a person or firm who is the producer and supplier of material

or designer and fabricator of equipment to either the Employer or the Contractor or both under the Contract.

1.19 "Mobilisation" shall mean establishment as per Contract of sufficiently adequate

infrastructure by the Contractor at site comprising tools & tackles, equipment and machineries including setting up site offices with facilities such as power, water, communication etc. establishing man power organisation comprising of Engineers, Supervisory personnel and an adequate strength of skilled, semi-skilled and unskilled


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workers as required, who, with the so established infrastructure shall be in a position to commence execution of work at site, in accordance with the agreed time schedule of completion of works to the satisfaction of the Employer.

1.20 The term "Particulars" shall mean the following : a. Specification b. Drawing c. Sealed pattern denoting a pattern sealed and signed by the Inspector. d. Proprietary make denoting the product of an individual firm. e. Any other details governing the construction, manufacture, supply and/or

erection as per the Contract. 1.21 "Project" shall mean the Project or Scheme in respect of which this Contract has been

signed. 1.22 “Special Conditions of Contract (SCC)” shall mean special conditions, stipulations

which shall be complementary to General Conditions of Contract (GCC), unless any stipulation of GCC is amended, modified, deleted or replaced by a stipulation of SCC.

1.23 "Services" shall mean and include any and all engineering & technical services to be

performed/provided by the Contractor under this Contract. 1.24 "Site" shall mean the place or places envisaged by the Employer at which the plant and

equipment supplied under the Contract are to be erected and/or the construction are to be carried out and/or services are to be performed under the Contract together with such other places as may be specifically provided by the Employer for the purposes of the Contract.

1.25 “Specifications" or "Contract Specification" shall mean the Technical Specifications,

BOQ, General Specifications, Schedules (Technical), detailed designs, statements of technical data, performance characteristics value and all such "particulars" mentioned in the Contract.

1.26 “Sub-contractor" shall mean the person/company to whom a part of the Contract has

been sublet with the consent in writing of the Employer and shall include his heirs, legal representatives, successors and permitted assigns.

1.27 “Supervision" shall mean the successive control and directions given by the Contractor

in relation to Contract work during execution of the Contractor's and/or his sub-contractor's work.


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1.28 “Tender Documents" shall mean Employer's specification and commercial terms and conditions including NIT, issued for the purpose of preparing tenders.

1.29 “Tender Drawing" shall mean such drawings, plans, sketches and details as are issued

together with the Employer's Specification for the purpose of preparing Tenders. 1.30 “Test" shall mean and include any and all tests to be performed under the Contract in

order to ascertain the quality and efficiency in respect of the Work or part thereof as stipulated under the Contract and material test in particular.

1.31 "Time" shall be reckoned by months, days and hours, month being equivalent to the

calendar month according to the Gregorian Calendar. The day or days unless herein otherwise expressly defined shall mean calendar day or days of 24 hours each.

1.32 “Total Contract Price” means cumulative price of all items / category of items as

specified in the Contract. 1.33 "Unit" shall mean such plant & equipment and systems as generally defined under the

Contract. 1.34 "Weight" shall mean the calculation of a load. It is to be stated in ton (1 ton = 1000

Kilogram) and/or kilogram (1 kilogram = 1000 gram). 1.35 "Works" / “Facilities” shall mean and include all works specified or set forth and

required in any of the specifications, drawings and schedules thereto annexed or referred to or to be implied there from or incidental thereto or to be hereafter specified or required in such explanatory instructions and drawings as shall from time to time during the progress of the work hereby Contracted for, to be executed by the Contractor under the Contract.

1.36 The words “Tender” & “Bid”, “Tenderer” & “Bidder” are one and the same in its

meaning & intent. 1.37 Words imparting persons shall include firms, Companies, Corporation, associations or

body of individuals whether incorporated or not. Words importing masculine gender or singular number shall also include the feminine gender and plural number and vice-versa where the context so requires or permits.

1.38 Terms and expressions not herein defined shall have the same meaning as are

assigned to them in the Indian Sales of Goods Act (1930), failing that in the Indian Contract Act (1872) and failing that in the General Clauses Act (1897) and any amendments modifications thereto and such others as mentioned from time to time.


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2.0 SCOPE In consideration of payments to be made by the Employer, the scope of the Contractor

shall be, as included under the Contract and other documents referred and annexed thereto, including Technical Specifications and, in terms of stipulations of the Contract.

Unless otherwise expressly limited and/or excluded elsewhere in the Contract from the

scope, the Contractor’s scope under the Contract shall be including but not limited to as stipulated under following Sub-Clauses.

2.1 The Contractor shall provide all materials (other than those which shall be supplied by

the Employer as free issue items, if any), adequate skilled, semi skilled and non-skilled labour, qualified and experienced supervisory personnel. The Contractor shall arrange all necessary tools, tackles, construction equipment & plant, transportation and adequate suitable storage of all materials necessary for the proper execution and completion of the work to the satisfaction of the Employer.

2.2 All enabling works e.g. provision of temporary site office, site godown / stores, yard,

temporary / approach roads to work site, temporary drains, construction water storage facility, covered storage facility for cement and steel and other materials, survey work, workshop, etc., which are required for efficient working and completion of the project shall be arranged by the Contractor within the Contract price.

2.4 Technical Services

The technical services to be provided by the Contractor are detailed in Contract/Technical specifications which shall be including but not limited to the following: (a) Construction planning and scheduling of all the services and related activities

under the scope of the Contractor to ensure completion of entire work under the scope within the contractual completion time and as per quality and workmanship stipulated under the Contract, preparation & submission of Bar Chart/PERT Network.

(b) The Contractor shall provide his detailed scheme for mobilisation of manpower,

organisational and machinery resources along with adequate material handling equipment, in addition to other tools and consumables, keeping in view of the completion schedule of all services under the scope of the Contractor.

(c) Taking out comprehensive insurance in terms of the Contract, for all the works

and materials, of construction/installation and keep the Employer indemnified from all the damages and loss thereto from all risks, till these are finally taken over by the Employer in terms of the Contract. All coordination relating to insurance & claim settlement shall be carried out by the Contractor. Delay on account of settlement of insurance claims by the Contractor shall not be considered an excuse for delay in completion.


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(d) The scope of work of the Contractor shall be amongst others, complete construction / installation in accordance with Contract/Technical Specifications and drawings / documents provided by the Employer to the Contractor.

(e) The Employer shall provide construction power as per stipulations of the

Contract. However, if required, the Contractor shall lay and maintain properly all the temporary supply lines at construction site for temporary power required for construction purposes. Contractor shall keep & maintain back-up power generator(s) of adequate capacity at his own cost to continue with construction & related work in uninterrupted manner in the event of non-availability/failure of power provided by the Employer. Non-availability of power from the Employer shall not be an excuse for delay in completion of works.

(f) The Contractor shall assume full responsibility for the performance of his sub-

contractors, specialists including foreign specialists of his foreign associates, if any.

(g) It shall be the responsibility of the Contractor to comply with all statutory

regulations and requirement including but not limited to registration with Government and/or local statutory bodies, comply with all their laws/regulations, labour laws etc. in connection with execution of the Contract. All safety, health and pollution control measures as required to be adopted as per the Statutory Regulations and the Safety Codes for Contractors enclosed or otherwise required or implied by statutory regulations or practices including those specified under the Contract shall be strictly followed by the Contractor during the execution of the Contract. The Contractor shall set up a suitable safety organisation of his own at site in this regard.

(h) Clearance of installations from the statutory and other concerned authorities on

behalf of Employer. The Contractor shall also assist in preparing application forms, providing necessary drawings, documents, test certificates etc including necessary co-ordination with statutory and other concerned authorities.

(i) The scope of the Contractor shall also include: (i) Total day to day supervision of construction including erection and

specialised services, if any. (ii) Arranging for getting all the samples approved by Employer/Consultant. (iii) Preparation of all test samples for conducting routine tests so as to

check and control quality of works as per Contract.

(iv) Conducting various performance tests, guaranteed performance of various structural units/systems of work executed as per terms of Contract.


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(v) All debris and/or material(s) that are no longer required for construction / erection purpose shall be removed by the Contractor for disposal to a site designated by the Employer. The Contractor shall be responsible for transporting, loading / unloading and handling of all such materials in respect of disposal to the designated site at no extra cost to Employer.

2.5 Total Responsibility The Contractor shall be solely responsible for the entire civil construction work, supplies

and technical services as per the Contract irrespective of whether construction work, supplies and services have been made/ rendered by him directly or by his sub-contractor with or without the approval of the Employer/Consultant as the case may be.

2.6 Completeness The Contractor shall, unless expressly excluded in the Contract from the Contractor’s

scope of works, perform all such work/services and/or supply all such items & materials at no additional cost to the Employer, not specifically mentioned in the Contract but required for attaining completion of work in accordance with the Contract, as if such work/services and/or supply of such items & materials were expressly included in the Contractor’s scope of work under the Contract.

The approval by the Employer / Consultant at any stage for any services of the

Contractor provided under the Contract shall not relieve the Contractor of his obligations as stipulated herein above.

2.7 Facilities to be Provided by the Employer Unless stated otherwise in SCC, the Employer shall provide the following facilities to the

Contractor, as per the terms & conditions of the Contract. 2.7.1 Free Issue Items

Unless stated otherwise in SCC, Cement (OPC, PPC and slag cement) Reinforcement Steel shall be issued free of cost by the Employer at Employer’s godown subject to following stipulations:

(a) General Conditions:

(i) The Contractor has to arrange for loading, weighing, transporting, unloading and storing at site at his own cost.

(ii) The Contractor shall build and maintain, within the Contract price, sufficient and

proper storage space for the cement and steel & other materials including a covered cement pucca godown so as to store all cement being issued to them by the Employer as free issue item, if any. Capacity of the godown shall be


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such that it can store atleast seven (7) days requirement of cement during peak period of construction.

(iii) In order to ensure timely delivery, the Contractor shall submit a quarterly

projection of his requirements in advance giving full particulars of the materials indicating monthwise requirement.

(iv) The Contractor shall account for all the materials issued by the Employer

before presenting the final bill. (v) The Contractor shall return all the surplus materials in cut pieces or full length

after completion of the work at Employer’s stores. (vi) Any stock of free materials generated after reconciliation shall be the property

of the Employer and the Contractor shall return that to the Employer. (vii) The Contractor shall ensure about the quality/quantity of the material before

taking delivery and no complaint whatsoever shall be entertained afterwards. (viii) No materials for the enabling works of Contractor’s and other works (e.g.

Contractor’s site office / site godown, working platforms, jigs & tools etc.) will be issued by the Employer. The Contractor shall arrange for those himself.

(ix) The materials issued to the Contractor shall be the property of the Employer

and he will have authority to inspect and check the Contractor’s stores at any time.

(x) The Contractor shall maintain day to day account of all the materials issued by

the Employer. (b) Conditions pertaining to issue of Cement :

(i) Empty bags of cement are to be returned to the Employer. Recovery @Rs. 5.00/bag will be made for unaccounted empty bags.

(ii) The consumption of cement will be worked out on the basis of norms indicated

in the contract specifications.

(iii) Wastage to an extent of 3% (maximum) shall be allowed. (iv) Different types of cement (e.g. OPC, PPC and slag cement) are to be stored

separately with proper identification mark. (v) Storing of cement is to be done in the order of first come, first used. Proper

identification of the consignment with date of receipt is to be maintained.


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(vi) For the purpose of accounting, each bag of cement will be considered to weigh 50 kg.

(vii) For any unaccountable quantity of cement, recovery @200% of prevalent

market rate shall be made by the Employer. (c) Conditions pertaining to issue of Reinforcement steel

(i) Reinforcement bars shall be issued 5% in excess over the quantity shown in the drawing and all steel shall be issued on weighment basis without any rolling margin.

(ii) For the purpose of payment and accounting, the weight of steel shall be

calculated as per bar bending schedule considering unit weight as per IS. (iii) Wastage to an extent of 3% (2.5% accountable and 0.5% unaccountable) shall

be allowed. (iv) Contractor shall account for all steel drawn by him and shall return all surplus

steel including cut pieces after separating the usable bars having minimum length of 3 metres and scrap to Employer’s Godown/Stockyard at his own cost.

(v) Contractor shall make all efforts to use the cut pieces/scrap to a maximum. (vi) For any misuse/unaccountable quantity of free issue steel recovery @200% of

prevalent market rate shall be made by the Employer. (vii) Surplus stock of reinforcement steel rods, if any, in full length or having

minimum length of 3 metres will be taken back as raw steel by the Employer. Contractor has to return the above raw steel in diameter wise at Employer’s store.

2.7.2 Utilities for Construction Purposes: Unless otherwise expressly limited and/or excluded elsewhere in Contract documents,

the Employer shall provide following facilities to the Contractor:

(a) Construction water shall be arranged by the contractor for the entire construction works. No specific facility shall be made by the Employer for the purpose of construction / drinking water at site.

The provision of borewells have been included in the Bill of Quantities which

may be utilized by the Contractor for making arrangements of water for construction / drinking purposes when they are ready. The Employer shall make payment for these borewells as per BOQ in terms of the Contract. The borewells shall be handed over by the Contractor after completion of works in terms of the Contract. The Contractor shall make his own arrangements and


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maintain at his cost for pumping & distribution networks for his use of water from these borewells during execution of the Contract.

However, non availability of this facility shall not be an excuse for delay or non-

performance of the Contract. The Contractor shall be responsible to store water in sufficient quantities to meet

his requirements. (b) Compressed Air: Compressed Air for construction purposes shall not be

provided by the Employer. The Contractor shall arrange necessary compressed air plant & equipment at his own cost and risk, for compressed air which he may require during construction at site

(c) Construction Power:

(i) The Contractor shall be provided with construction power at 400V, 3-phase free of cost for the purpose of the erection/construction under the Contract only at one point at the project site.

(ii) The Contractor shall make his own arrangements at his cost to provide

& lay and maintain necessary temporary supply and distribution lines including switches, fuse units, distribution cables of suitable rated capacity separately for power and lighting along with appropriate safety and protection measures from this point. All temporary wiring must comply with Indian Electricity Rules and Act and will be subject to the Employer's inspection and approval before connection to supply and later.

He will employ electricians having valid Electrical Licenses for carrying

out such installations and maintenance of temporary power and lighting distribution networks.

(iii) Any intermittent non-availability of power from the Employer shall not be

an excuse for delay in completion of works. The Contractor shall keep & maintain back-up power generator(s) of adequate capacity at has own cost & risk to continue with construction & related work in uninterrupted manner in case of failure of power provided by the Employer.

(iv) The above installation will be made as per relevant rules and site

locations which are to be finalised in consultation with Employer's personnel.

(v) The Contractor will provide proper facilities to the Employer or his

authorised representative for inspecting his temporary electrical installation as and when required. The Contractor will immediately


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attend to the defects so pointed out during this inspection including replacement of faulty cables, switches etc.

(d) Temporary allotment of land for the purpose of site Office, Stores and temporary

works for execution of Contract.

(i) Space will be allotted free of charge for the purpose of Contractor’s site Office, Stores / Godown and fabrication yard, subject to mutual discussion and agreement because of limited availability of space.

(ii) The allotment shall remain valid till the currency of the Contract and

shall automatically cease after issuance of Final Acceptance Certificate under the Contract. The validity shall also automatically cease on termination of Contract due to any reason whatsoever.

(iii) The land shall not be used for any purpose other than the purpose for

which it is allotted. (iv) The Employer shall not be responsible to provide residential

accommodation to Contractor’s personnel deployed by him under the Contract.

3.0 CONTRACT PRICE 3.1 The Total Contract Price in respect of the scope of the Contract covered by and in

accordance with all terms, conditions, stipulations, specifications, requirements and other conditions of the Contract shall be as specified under the Contract.

3.2 Basis of Contract Price

The Contract price as stated above has been arrived based on the estimated quantities and rate as stated in Bill of Quantities (BOQ) enclosed alongwith this Contract. The Final Contract price to be paid to the Contractor shall be adjusted downwards or upwards based on the actual quantities of works executed as per drawings / documents or any modifications thereof and as certified by the Employer/Consultant, under various items of work as per BOQ and the unit rates as agreed against those items of works. The unit rates shall be inclusive of all applicable taxes, duties and levies for the scope of work in this Contract.

3.3 Scope of Contract Price 3.3.1 The Contract price shall be deemed interalia to include and cover the cost of all

enabling facilities mentioned in the contract and all materials (except materials which shall be provided by Employer as a free issue items, if any) labour, tools , plants, equipment, templates, scaffoldings, supports, approaches, insurance, taxes, royalties, stand-by power, lubricants, consumables, transport, handling, storage, approval, checking, testing, temporary facilities like labour camp, roads, drains etc., facilities for


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quality control, testing/ checking of all materials supplied and works executed and/or performed by the Contractor, temporary accommodation, services, pumping out subsoil/ drainage/ rain water, disposal of rubbish/ surplus earth, supervision, overheads, profits, security, safety and fire fighting measures to be supplied/used by the Contractor and such other items like mobilisation of cranes, Batching plants, Transit mixtures etc. as may be required for execution of the works as per the Contract or any portion thereof complete in all respect and maintained as detailed in the Contract document or as may be ordered in writing during tenure of Contract.

3.3.2 The Contract price shall be deemed to include and cover the cost of all royalty and fees

for all articles and processes protected by letters of patent or otherwise incorporated in or used in connection with the work, also all royalties, rents and other payments in connection with obtaining all the materials for the work and shall indemnify the Employer which indemnify, the Contractor hereby gives against all actions, proceedings, claims, damages, costs and expenses arising from the incorporation in or use of such articles, processes or supplies.

3.3.3 Contract Price also includes all bank charges and all other charges in connection with

payment to be made to the Contractor and in connection with Bank Guarantees. 3.4 Firm Rates 3.4.1 Unit rates of all the items as specified in BOQ shall remain firm, fixed and binding on

the Contractor till issuance of Final Acceptance Certificate by the Employer under the Contract and shall not be subject to any variations except for :

(i) Statutory variation in Works Contract Tax, Service Tax and Income Tax if

admissible under the Contract. (ii) The unit rates for all the items shall remain firm upto +/- 20% variation in the

total contract price. Revision in the unit rate(s) of item(s) shall be applicable only when the total contract price as well as quantity(ies) of individual item(s) varies beyond +/-20%. The revision in unit rate(s) of respective items, either upward or downward shall be carried out on mutual agreement basis.

3.4.2 The Contract price shall be adjusted either downwards or upwards, as the case may

be, in the event of revision of unit rate(s) as stipulated herein above. 3.5 Measurement of Works 3.5.1 Unless otherwise specified measurement of work shall be carried out on the basis of

drawings, sketches/schemes and any modifications thereof issued by the Employer in terms of the Contract.


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3.5.2 Measurement at site shall be taken only in the case of site deviations for which no revised drawings have been issued to the Contractor or in the cases where measurement from the drawing is not possible. Such measurement shall be recorded preferably in sketches and signed jointly by the Employer/Consultants and Contractor.

3.5.3 In both cases of measurement of work as stated above the Contractor shall certify that

the work has been carried out strictly as per the drawings, specifications and item of work and is in terms of the Agreement. Such certificate shall require Employer’s / Consultant’s endorsement for the purpose of payment.

3.5.4 In the event of any dispute with regard to the measurement of the work executed, the decision of the Employer / Consultant shall be final and binding on the Contractor. 3.5.5 In the case of site measurement as stated above, should the Contractor not attend or

neglect or omit to send representative for taking joint measurement, then the measurements taken by the Employer / Consultant shall be deemed to be correct measurement of the works and shall be binding on the Contractor.

3.6 Extra Items Should it be found necessary to execute any item of work which is not included in the

schedule of items and as such no Contract rate is available, the rates for such items of work shall be fixed as per the following procedure:

(i) Where the extra works are of similar nature as to any item of work appearing in

"Bill of Quantities" then the rates for such extra items shall be derived from Contract rates of similar/closest item of work.

(ii) Where the nature of extra item is such that the rate for the same cannot be

derived as per (i) above then the rates for extra item of work shall be derived by rate analysis based on the market rates. Norms of National Building Organisation for materials, labour and other components for relevant item shall be considered for this purpose. However, in case, relevant analysis for labour and material content are not available in the N.B.O. relevant I.S. Code, CPWD norms shall be adopted for labour content & material content respectively. In case labour contents are not available in I.S. Code, CPWD norms shall be adopted both for labour and material contents.

(iii) Where rates for extra item of work can not be established by methods (i) or (ii)

above, then the rate for such item shall be estimated and fixed by the Engineer based on the market rates & assessment for labour, materials & other factors.

(iv) The overheads, supervision and profit shall be considered as 15% in the

clause (ii) and (iii) above.


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(v) Final Contract price shall be adjusted accordingly, based on the quantities of extra items executed by the Contractor under instructions of Employer / Consultant and rates as finalised as per above

However, the Contractor shall execute extra jobs as and when instructed by the

Employer / Consultant pending finalisation of the rates 4.0 COMPLETION TIME 4.1 The completion time for the entire works and services under Contractor’s scope under

the Contract from Effective Date of Contract shall be as stated in SCC subject to stipulations given herein this Clause.

4.2 Effective Date of Contract Effective Date of Contract shall be the Date of Letter of Award. 4.3 Project Implementation Schedule 4.3.1 Time schedule for the entire construction / installation of works, is as shown in the

enclosed Bar Chart and shall be binding on the Contractor. [Note: The Bar Chart to be submitted by the tenderer and finalised with the successful

tenderer and annexed to the Contract.] 4.3.2 Master PERT network of the project as a whole shall be resubmitted by the Contractor to

the Employer/Consultant for their approval and finalised within 3 (three) weeks from the date of Effective Date of Contract. Network shall be prepared based on milestones as specified in the Contract / Technical Specification, which shall be the basis for the performance of the Contract.

4.3.3 The Contractor along with Master PERT network shall submit detailed schedule for

various activities related to construction/installation, under the Contractor’s scope under the Contract and schedule of start and completion of activities for the Employer’s approval.

4.3.4 Detailed resource deployment schedule including followings shall be submitted along

with network.

(a) Construction/installation plan for the material & works under the scope: This shall interalia include:

(i) The construction/installation techniques to be employed. (ii) Resource planning for:


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(a) Deployment of construction equipment /machineries.

(b) Deployment of manpower of specific trade and requisite skill.

(iii) Construction material planning. (iv) Sequencing of construction and installation to avoid accumulation/

under-utilization of resource & to achieve better progress. (v) Action plan for completing critical work. (b) Deployment of construction/erection machineries /equipment (i) List of various construction equipment and plant such as cranes, transit

mixtures, batching plants, concrete mixture, other machineries including mechanised system of construction, handling and transportation etc. planned to be mobilised with quantity & rated capacity/specification.

(ii) List of machinery, tools and tackles such as machine tools, welding

transformers/generators sets, gas cutting sets, drilling machines, chain pulley blocks, survey instruments, air compressor etc. and indicate specification and quantity of each item.

(c) Deployment of manpower

List of manpower deployment for the following categories indicating number of personnel, schedule and duration of their posting of site, qualification, experience.

(i) Personnel to be engaged for coordination, follow up and expediting. (ii) Engineers and supervisor directly attached to site work. (iii) Organisation (proposed) for implementation of the package.

Updated level networks along with progress reports shall be submitted by the Contractor (formats to be mutually finalised) every month.

4.3.5 Defect Liability Period shall be deemed to have expired when the Final Acceptance

Certificate has been issued by the Employer under the Contract.

4.4 Liquidated Damages for delay in completion 4.4.1 Time is the essence of the Contract. 4.4.2 If the Contractor fails to complete the works/items of works in all respect and

hand over the same to the Employer within the time stipulated in the contract the


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Contractor shall pay to the Employer liquidated damages for such default and not as penalty at the rate of 0.5 % of the final contract price for every week of delay or part thereof.

4.4.3 The liquidated damages will also apply to items or group of items for which

separate period of completion has been specified. 4.4.4 The total amount of liquidated damages for delay shall be limited to 5% of the final

Contract price. 4.4.5 The Employer may without prejudice to any other method of recovery deduct the

amount of liquidated damages from any money in his hands due or become due to the Contractor.

4.4.6 The payment or deduction of such liquidated damages shall not relieve the

Contractor from his obligation to complete the works or from any other of his obligations and liabilities under the Contract.

4.5 Progress Report Contractor shall prepare and update regularly his detailed PERT/CPM network and

submit with periodical progress reports showing start and completion dates of all activities related to purchasing & procurement of materials, inspection and dispatch, construction / installation etc under his scope of supplies and services including and those of his sub-contractors for the Employer’s perusal. The type of progress reports, format and frequency thereof, and number of copies to be submitted shall be communicated to the Contractor by the Employer at appropriate stages during execution of the work, which shall be binding on the Contractor.

4.6 Review Meetings The Employer will conduct & organise periodical review meetings with Contractor and/or

its associates/sub-contractors to monitor the progress of work. The frequency of such meetings shall be communicated to the Contractor by the Employer at appropriate stages during execution of the work, which shall be binding on the Contractor.

5.0 TAXES & DUTIES 5.1 The Contract Price is inclusive of all taxes, duties, levies, royalties including Sales

Tax on Works Contract, Service Tax & Educational Cess, Income Tax etc as per prevailing rates applicable on base date.

5.2 All taxes, duties & levies and royalties including service tax & educational cess, if any,

as applicable on services and supplies (as on base date) shall be borne & paid by the Contractor.


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5.3 Unless otherwise specified in SCC, statutory variation in Works Contract Tax, Service Tax and Income Tax or withdrawal thereof or imposition of new taxes and duties during the agreed Contract completion schedule shall be to the account of the Employer. All such statutory variation, new taxes, duties and levies, shall be payable against documentary evidences as required by the Employer. Statutory variation on input material / bought outs under the scope of contractor shall be borne by the contractor and any claim on this account shall not be entertained by the Employer.

5.4 Unless an extension of time for Contract Completion Schedule is granted by the

Employer under the Contract, any upward variation in taxes and duties or imposition of new taxes and duties arising beyond Contract Completion Schedule shall not be payable.

5.5 Royalties for construction materials, wherever applicable, shall be deducted by the

Employer from Contractor’s bills progressively for depositing the same with the concerned State Government Authorities unless receipt in support of payment made to the concerned State Government Authorities is provided by the Contractor.

5.6 The Contractor shall produce necessary documentary evidence as may be

required/called for by Employer in respect of the taxes, duties & levies paid by the Contractor.

5.7 The Contractor shall produce necessary documentary evidence regarding registration

with Sales Tax Authorities of the State of Orissa. 5.8 Tax Deduction at source 5.8.1 Works Contract Tax which Employer may be required to deduct by

law/statute/regulation shall be deducted all source and shall be paid to the Sales Tax Authorities on account of the Contractor. Employer shall provide the Contractor certificate for such deduction of tax.

5.8.2 Contract Price is inclusive of Income Tax payable as per Income Tax Act, 1961 and

amendments thereof, by the Contractor, which shall be borne and paid by the Contractor. However, unless necessary certificates exempting him from deduction of income tax at source are furnished by the Contractor to the Employer, income tax deduction at source as applicable shall be made by the Employer from payments due to the Contractor, as per statutory provisions, for which TDS certificate shall be issued by the Employer to the Contractor.

5.9 The Contractor shall be solely responsible and liable for non-observance of any legal

formalities as per various statutory provisions. 5.10 Subject to stipulations of this Clause, all payments towards taxes, duties & levies as

applicable, shall be made in accordance with payment terms stipulated under the Contract.


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5.11 Base Date Base date for the purpose of ascertaining statutory variation in taxes and duties shall be

as specified in SCC. 6.0 TERMS OF PAYMENT 6.1 Subject to deductions which the Employer is entitled to make under the Contract from

the payments due to the Contractor, the payments under the Contract will be made by the Employer to the Contractor in terms of payment terms specified in SCC.

6.2 All payments shall be released directly by the Employer to the Contractor except as

otherwise provided in the Contract. If as per the provisions of the Contract or as per the instruction of the Contractor, any payments are made directly by the Employer to the Sub-Contractors, such payments shall constitute a proper discharge of Purchases obligations for such payments for the Contractor.

6.3 Advance shall be paid only after submission of Bank Guarantee towards Security

Deposit. 6.4 Bank Guarantee for security deposit shall be submitted by the Contractor within fifteen

days from the effective date of contract and got approved from the Employer. The Employer shall release the advance payment within 30 days from the acceptance of BG towards advance. Failure to submit the BG's in proper form within the time stipulated will not entitle the Contractor for seeking any change in effective date of contract.

6.5 BG for advance shall be progressively reduced in value on pro-rata basis after progress

of work at site only on approval by the Employer for which the Contractor shall submit the request letters with necessary evidence. Bank Guarantee for security deposit shall be kept valid till 60 days after issue of completion certificate for the entire work by the Employer.

6.6 All the Bank Guarantee shall be submitted by the Contractor issued through an Indian

Nationalised bank at Bhubaneswar and drawn in favour of Neelachal Ispat Nigam Ltd. in the formats annexed.

6.7 All invoices shall be certified by the Consultant before release of any payment by the

Employer. 6.8 All payments to the Contractor shall be made by Account payee cheques and all bank

charges shall be borne by the Contractor. 6.9 All the payments to be released to the Contractor shall be paid only against submission

of complete and correct invoices and documents by the Contractor duly certified by the Employer/Consultant.

6.10 All progress payments made shall be regarded as payment by way of advance against

final payments only and not as payment for the work completed till the date of progress payment. The progress payment made shall not exonerate the Contractor from liability to finally complete / rectify the work strictly in accordance with the specification and drawings, if required, by reconstructing or re-erecting faulty work.


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6.11 The Final Bill shall be submitted by the Contractor within two months from the date of completion of work only after reconciliation of measurement of work, consumption of Steel & Cement and accompanied by following documents after being verified by Employer/Consultant :-

a) Completion certificate issued by Employer b) No Claim certificate by the Contractor c) Consumption statements of steel & cement certified by Employer / Consultant. d) Completion certificate for embedded and covered up works e) A copy of the working drawings showing thereon additions or alterations (to be

shown in RED) made during the execution of the work f) Recovery statement, if any g) Statement for reconciliation of all the payments and recoveries made in the

progressive bills h) Copies of deviations statement and order of extension of time, if granted i) Inventory of various materials supplied in building units according to location j) Original guarantees furnished by Contractor's suppliers for applicable items k) BG towards performance covering maintenance guarantee by the Contractor l) All drawings/ documents issued to the contractor for the construction work. m) Test certificate for items and materials n) Completion drawings in respect of services showing the actual inventory levels

at critical points Payment against final bill shall be released in one month time subject to submission of

same, as well as submission of clear, correct & complete documents mentioned above. 7.0 DEDUCTIONS FROM CONTRACT PRICE All costs, charges, damages or expenses which the Employer may have paid or

incurred, shall be reimbursed by the Contractor to the Employer, if and to the extent to which the Contractor is liable under the Contract to pay, within 30 days upon written request of the Employer, failing which such costs, charges, damages or expenses shall be deducted by the Employer from any money due or becoming due by him to the Contractor under the Contract or any other Contract, failing which, such amounts shall be considered as debt due from the Contractor to the Employer and shall be recoverable accordingly including but not limited to, by way of forfeiture of the security deposit / Performance Bank Guarantee submitted by the Contractor under the Contract.


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8.0 CONTRACT SPECIFICATION The Technical Specification, General Specification, Preamble to BOQ etc, Bill of

Quantities (BOQ), referred to and included under the Contract, shall also constitute "Contract Specification" of this Contract and shall form an integral part of the Contract for all purposes.

9.0 SECURITY DEPOSIT / PERFORMANCE BANK GUARANTEE 9.1 The Contractor shall submit an unconditional irrevocable Bank Guarantee towards

security for the Contractor’s due Contract performance in the prescribed proforma for an amount equivalent to 10% of total Contract price in favour of the Employer, within 15 days from the Effective Date of Contract.

9.2 The Bank Guarantee for the Security Deposit shall be from a Nationalised Indian bank,

first class Scheduled bank. In case the Bank Guarantee is submitted from a first class foreign bank (not operating in India) it shall be counter-guaranteed by a first class Scheduled bank operating in India.

9.3 The Security Deposit Bank Guarantee shall remain valid till the issuance of Completion

Certificate for the entire services / works under the scope (except scope under “Defect Liability Period”) as stipulated under the Contract plus two months grace period. In case the contractual completion time gets extended beyond original period, the Contractor shall arrange for the extension of the Bank guarantee for such extended period upon written request of the Employer.

9.4 No interest on the Security Deposit Bank Guarantee or depreciation thereof shall be

payable by the Employer. 9.5 The Bank Guarantee shall be for the time bound, due and faithful performance of the

Contract and shall remain binding notwithstanding such variations, alterations or extensions of time as may be made, given, conceded or agreed to between the Contractor and the Employer in terms of the Contract or otherwise. Without prejudice to the Employer’s other rights under the Contract, the Security Deposit will be liable for forfeiture by the Employer, if he deems it necessary and appropriate, at its discretion, in the event of Contractor’s failure to discharge and/or be liable of any of his obligations and responsibilities stipulated under the Contract.

9.6 Subject to stipulations of other provisions of the Contract, the Security Deposit Bank

Guarantee shall be released on application by the Contractor after expiry of its validity as stipulated herein above and against submission of Bank Guarantee towards Performance as stipulated herein below.

9.7 Should the extent of the Contract be altered during execution of the Contract in such a

way as to effect an increase or reduction of the Total Contract Price by more than 10%, the amount the Bank Guarantee shall be increased or reduced correspondingly.


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9.8 If the Contractor fails to duly perform and complete the work with due diligence or expedition or if it appears to the Employer that the Contractor will fail to fulfill his obligation under the Contract, the Employer reserves the right to terminate the Contract and forfeit the Security Deposit or Bank Guarantee towards performance.

9.9 The Bank Guarantee for Performance for an amount equivalent to 10% of the total

Contract price shall be submitted by the Contractor as per agreed format and which shall remain valid till issuance of Final Acceptance Certificate (FAC). The Bank Guarantee shall be from a Nationalised Indian Bank / Scheduled Bank. If Bank Guarantee is submitted from a first class foreign Bank it should be duly counter-guaranteed by a first class Scheduled Bank operating in India.

9.10 The Bank Guarantee for performance shall be released on application by the Contractor

within 30 days of issuance of FAC and after the Contractor has discharged all his obligations under the Contract.

9.11 All Bank Guarantees submitted as per above shall be operable at Bhubaneswar. 10.0 GENERAL OBLIGATIONS OF CONTRACTOR Unless stated otherwise in SCC, the Contractor shall discharge the following

responsibilities at no extra cost to the Employer in addition to such other obligations and responsibilities as have been specified elsewhere in this Contract, in order to ensure that the Contract work is executed strictly in accordance with this Contract and within stipulated time.

10.1 The Contractor shall be deemed to have been carefully examined all details relating to

work as given in the Contract and shall be deemed to have been fully acquainted himself as to all conditions and matters which may in any way affect the work or the cost thereof. The Contractor shall be deemed to have on his own and independently obtained all necessary information for the purpose of execution of works and shall be deemed to have taken into account all contingencies as may arise due to such information or lack of the same.

10.2 The Contractor shall be deemed to have known the scope, nature and magnitude of the

work and the requirements of materials and labour involved etc. and as to all work that he has to complete in accordance with the Contract, no matter whatever be the defects, omissions or errors that may be found in the information / documents furnished by the Employer.

10.3 The Contractor shall be deemed to have visited and examined the site where the project/facilities are to be installed and its surroundings and obtained for itself on its own responsibility all information including the procedure for engagement of agencies/ labour, that may be necessary for execution of works.

10.4 The Contractor shall be deemed to have carefully examined the site and surroundings, to have satisfied himself about the nature and details of all existing structures, if any, and also as to the nature and conditions of the railways, roads, bridges and culverts, means


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of transport and communications, whether by land, water or air and as to possible interruptions thereto and the access to and from the site, to have made independent enquiries, examined and satisfied himself as to the sources for obtaining sand, stones, bricks and all other construction materials, applicable royalties, the sites for disposal of surplus earth and debris, the available accommodation, underground existing services, sub-soil conditions, sub-soil water conditions, storms, prevailing winds, climatic conditions and all other similar matters which may affect the work.

10.5 Minimum wages for Contract labour shall be paid as applicable in that region from time to time. Claims and objections due to ignorance of site conditions shall not be entertained by the Employer.

10.6 The Contractor shall be deemed to have acquainted himself with the Indian Income Tax

Act, 1961, Indian Companies Act, 1956, Indian Electricity Act, Electricity Rules, Factories Act, Pollution Control Regulation and other Acts & Laws, rules and regulations as applicable in execution of works and prevalent in India, respective State(s) and at Project site and as amended from time to time. The Employer shall not entertain any request for clarifications from the Contractor regarding such local conditions.

10.7 Any neglect or omission or failure on the part of the Contractor in obtaining necessary

and reliable information as stated above or on any other matter affecting the works shall not relieve him from any risks or liabilities or the entire responsibility for completion of the work in accordance with the Contract.

10.8 The Contractor shall also be deemed to have obtained all necessary information as to

risks, contingencies and other circumstances which may influence or affect the Works. The Contractor shall be deemed to have inspected and examined the site, its surroundings, the above data and other available information and to have been satisfied, including (without limitation):

(a) the form and nature of the site, including sub-surface conditions,

(b) the hydrological and climatic conditions,

(c) the extent and nature of the work and goods necessary for the execution and completion of the Works and the remedying of any defects,

(d) the laws, procedures and labour practices of the Country, and

(e) the Contractor’s requirements for access, accommodation, facilities, personnel, power, transport, water and other services.

All necessary soil tests over and above carried out by the Employer to be undertaken

by the Contractor and no extra claim on this account shall be admitted. It may be noted that all construction and erection work shall be carried out in the area allotted to the Contractor.


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10.9 The Contractor shall be deemed to have been satisfied as to the suitability and availability of access routes to the site. The Contractor shall use reasonable efforts to prevent any road or bridge from being damaged by the Contractor’s traffic or by the Contractor’s Personnel. These efforts shall include the proper use of appropriate vehicles and routes.

Except as otherwise stated in these Conditions:

(a) the Contractor shall (as between the Parties) be responsible for any maintenance which may be required for his use of access routes;

(b) the Contractor shall provide all necessary signs or directions along access routes, and shall obtain any permission which may be required from the relevant authorities for his use of routes, signs and directions;

(c) the Employer shall not be responsible for any claims which may arise from the use or otherwise of any access route;

(d) the Employer does not guarantee the suitability or availability of particular access routes; and

Costs due to non-suitability or non-availability, for the use required by the Contractor, of access routes shall be borne by the Contractor.

10.10 The Contractor shall take all reasonable steps to protect the environment (both on

and off the site) and to limit damage and nuisance to people and property resulting from pollution, noise and other results of his operations.

The Contractor shall ensure that emissions, surface discharges and effluent from the Contractor’s activities shall not exceed the values stated in the Specification or as prescribed by applicable Laws.

10.11 The Contractor shall establish and maintain a well equipped laboratory at site for quick

testing of construction materials, water, cement bricks and concrete including aggregates, wood, steel welds etc. Additionally they should tie up with Govt. recognized Laboratory at nearby vicinity i.e., JK Road, Cuttack & Bhubaneswar, Rourkela.

However, the Contractor shall carryout the testing at Employer / Govt. approved lab

without and extra cost, if so desired by the Employer / Consultant in order to check & verify the quality of works or any part thereof, executed under the Contract.

10.12 Provision and mobilisation of adequate number of all necessary tools, tackles,

construction equipment & plant, cranes, batching plants & transit mixtures, concrete mixer, welding set required tools, tackles, facilities and other machineries including mechanised system of construction, handling & transportation.

10.13 The Contractor shall provide all construction and erection/installation

consumables/materials for all temporary and permanent works, (other than those which shall be supplied by the Employer as free issue items, if any), transportation and


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appropriate storages of all materials including such sheds or damp proof store, houses, as is considered necessary for the proper execution and completion of the work to the satisfaction of the Employer.

10.14 SPECIALISED AGENCIES (i) Water supply, water proofing works, anti-termite treatment, sanitary works,

false ceiling works, terrazzo and marble works, interior decoration/furnishing works in computer rooms etc. as covered in the Contract and drawings shall be got done by employing such agencies as are specialised in the respective field.

(ii) Laying of conduits in walls and R.C. slabs etc. for electrical and

telecommunication cables shall be got done by employing agencies having licence for carrying out such works.

(iii) Written approval of Employer shall be obtained before employing agencies as

stipulated above. 10.15 The Contractor shall take all necessary precautions to avoid damage to any property of

the Employer or any other Contractor. The Contractor shall also ensure that the progress of work of other Contractors in the adjoining areas is not hindered. Wherever works are to be carried out in proximity or within existing facilities, Contractor shall adopt special methodology of construction suited to prevailing conditions. He shall make necessary schemes in advance and take prior approval of the Employer of the same.

10.16 The Contractor shall take all precautions during execution, especially while excavation

to avoid interference with or damage to underground works such as cables, drains, etc. whether shown in the drawing or not and provide all possible protection to these works and in case they are damaged, rebuild/divert them at his own cost.

10.17 The Contractor shall carry out necessary precision for survey to set out and check the

setting of all works, anchor bolts, etc. to required tolerances using the grid reference points available in the plant site. The Contractor shall make and maintain proper bench mark and reference points and check lines and levels periodically.

10.18 Materials brought to the site shall not be removed from the site without the written

consent of the Employer. Any material brought to site and rejected by the Employer shall be removed by the Contractor from the site of work immediately at Contractor's expense.

10.19 No work shall be covered upto or put out of view without the approval of the Employer.

In the event of failing to do so, the Contractor shall uncover any part of the work or make openings in or through the works as the Employer may direct and they shall be made good with materials approved by the Employer and should match with workmanship of the surrounding works.


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10.20 The Contractor shall provide sufficient strong and stable staging so as to ensure safety of the labour.

10.21 The Contractor shall undertake development of site including its leveling as warranted

by the site condition. The Contractor shall remove all soils, debris, surplus earth, etc., if any, and dump the same at places/place as directed by the Employer.

Notwithstanding with whether expressly included or not in Contract/Technical Specifications and/or any other documents referred to in the Contract, the Contractor shall carryout, after completion of works, micro-leveling of the area within the battery limits, ensuring proper grades and slopes to achieve efficient drainage of the area.

10.22 In case the Contractor wishes to utilise the boulders excavated by him during the

excavation work at the site, the same will be issued at the issue rate prevailing in the area of construction.

10.23 Requirement of any special measures or techniques for construction of structures e.g.

sheet piling, diaphragm walls, well sinking, well point system, continuous pouring of concrete, dewatering etc shall deem to have been taken into account by the Contractor.

10.24 Fossils And Precious Materials (a) All fossils, gold, silver, oil and other minerals precious stones, coins, articles of

value of antiquity and structures and other remains or things of geological and archaeological interest discovered on site of work shall be the property of the Employer and shall be notified by the Contractor immediately to the Employer for onward information to concerned authorities.

(b) The Contractor shall take reasonable precaution to prevent his workmen or any

other person from removing or damaging any such articles or thing and protect the same till its removal as per instruction of the Employer. On receipt of instruction from the Employer the Contractor shall deliver the same to the person/ agency authorised by the Employer.

10.25 Site Regulations and Safety

It shall be the responsibilities of the Contractor to observe and implement all site regulations and safety codes as stipulated under the Contract and as notified by the Employer from time to time to the Contractor.

11.0 LABOUR 11.1 Labour Rules In respect of all labour directly or indirectly employed on the works by the Contractor, the

Contractor shall comply with and implement all the provisions of the Contract Labour (Regulation and Abolition) Act 1970, or any amendment thereof, and all legislations and rules of the State and/or Central Government or other local authority formed from time to


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time governing the protection of health, sanitary arrangements, wages, welfare and safety of labour employed on the works and the Contractor shall be deemed to be the Principal Employer for this purpose. The rules and other statutory obligations with regard to fair wages, welfare and safety measures, maintenance of register etc. will be deemed to be part of the Contract. The Contractor will get himself registered with the concerned statutory authorities as provided in the Act and shall be directly responsible to the authorities thereunder for compliance with the provisions thereof.

11.2 Engaging Labour As far as possible, Contractor shall engage skilled/semi-skilled/ un-skilled labour for the

project work, from the oustees list (available with Employer). The Contractor is encouraged to engage local labour to the extent possible that has necessary skills. The complete list of persons engaged by the Contractor shall be submitted to Employer for keeping the record of their engagement with the Contractor. At the conclusion of the work at the time of termination of the services of any person, the Contractor is required to submit their performance report for the period engaged by the Contractor in the construction activities.

11.3 The Contractor has also to maintain all records/ register/return/cards under the Orissa

Contract Labour (R&A) Rules 1975. Act such as i. Register of workmen employed by Contractor (Form 9) ii. Employment card (Form 10) iii. Muster Roll (Form 12) iv. Register of wages-cum muster roll (Form 13) v. Wage slip (Form 15) vi. Register of overtime (Form 19) vii. Submission of Return (Form 20) 11.4 Provision of Minimum Wages Act and Payment of Wages (i) The Contractor shall comply with the provisions of the Minimum Wages Act

1948, the Payment of Wages Act 1936 or any other rules made thereunder by the Government of Orissa in respect of all employees employed by him or his sub-contractor directly or indirectly for the purpose of carrying out the works. In the event of retrenchment of workers by the Contractor or sub-contractors employed by the Contractor during or after the completion of the work, the retrenchment compensation and other benefits will be paid by the Contractor to the workers as per the provisions of Industrial Dispute Act prevailing at that time.

(ii) If in compliance with the terms of the Contract, the Contractor supplied any

labour to be used wholly or partly under the direct orders and control of the Employer whether in connection with any work being executed by the Contractor or otherwise for the purpose of the Employer such labour shall, for the purpose of this clause, still be deemed to be the persons employed by the Contractor.


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(iii) If any money shall, as a result of any claim or application made under the said acts, be directed to be paid by the Employer, such money shall be deemed to be money payable to the Employer by the Contractor and and/or failure by the Contractor to repay the Employer, any money paid by the Employer as aforesaid, within 7 days after the same shall have been demanded from the Contractor, the Employer shall be entitled to recover the same from any money due or accruing to the Contractor under this or any other Contract with the Employer, failing which such amount shall be considered as debt due from the Contractor to the Employer and the Employer shall be entitled to recover the same in terms of the Contract.

(iv) The Contractor shall comply with the provisions of by-partite and tripartite

agreement entered into by the Employer from time to time with the Labour Unions and/or the circulars issued by the Employer regarding payment of minimum wages and benefits applicable.

11.5 Reporting of accidents to labour. The Contractor shall be responsible for the safety of his and his sub-contractors'

workmen and employees. All accidents at site are to be immediately reported to the required authorities. The Contractor shall be liable for all such accidents and shall make arrangement to render all possible assistance and aid to the victims of the accident.

11.6 Provision of Workmen's Compensation Act The Contractor shall be liable for in respect of any damages or compensation payable by

law in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or any of his sub-contractors and the Contractor shall save harmless and shall indemnify and keep indemnified the Employer against all such damages and compensation and against all claims, demands, proceedings, costs, charges and expenses, whatsoever, in respect thereof or in relation thereto. The Contractor shall at all times indemnify and keep indemnified the Employer against all claims for compensation under the provisions of the Workmen's Compensation Act 1923 (VIII of 1923) or any other law for the time being in force by or in respect of any workmen employed by the Contractor or his sub-contractors/agencies in carrying out the Contract and against all costs and expenses or penalties incurred by the Employer in connection therewith. In every case in which by virtue of the provisions of Section-12, Sub-Section(1) of the Workmen's Compensation Act 1923, the Employer is obliged to pay compensation to a workmen employed by the Contractor or his sub-contractor/ agencies, the amount of compensation so paid and without prejudice to the rights of the Employer under Section-12, Sub-Section (2) of the said Act, the Employer shall be at liberty to recover such amount or any part thereof in terms of the Contract. Employer shall not be bound to contest any claim made against him under Section-12, Sub-Section (i) of the said Act, except on the written request of the same or his sub-contractors/agencies and upon their giving to the Employer full security for all costs for which the Employer might become liable in consequence of contesting such claims.


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11.7 Labour Returns The Contractor shall submit periodical statements of labour employed by him in the

proforma prescribed by the Employer. 11.8 Accommodation for Labour Unless expressly specified and/or limited otherwise elsewhere in the Contract, the

Contractor shall, at his own expense, make adequate arrangements for housing, electricity, road, supply of drinking water and provision of latrines and urinals for his staff and labour, disposal of sewerage and sullage.

11.9 Provisions of Apprentices Act The Contractor shall comply with the provisions of the Apprentices Act 1961, and the

rules and orders issued thereunder from time to time If he fails to do so, his failure may be treated as breach of the Contract and the Employer may, at his discretion, terminate the Contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provisions of the said Act.

11.10 Payment of Wages 11.10.1 The Contractor shall make regular and prompt payment of wages to the labourers

engaged in the work and in no case shall the payment be delayed more than seven days following the period for which the wages are due. The Contractor shall send a certificate to the Employer to this effect every month.

11.10.2 In case the Contractor fails to make payment of wages within the prescribed period or

make short payment, then the Employer as Principal Employer shall make payment of wages in full or the unpaid balance due, as the case may be, to the Contract labour employed by the Contractor and recover the amount so paid by the Employer in terms of the Contract.

11.10.3 The Employer shall have the right to enquire into and decide against any complaint

alleging that the wages paid by the Contractor to any labourer for the work done by such labourer is less than the wages paid for similar work in the neighbourhood.

11.11 Preservation of peace The Contractor shall take requisite precautions and use his best endeavour to prevent

any riotous or unlawful behaviour by, or amongst his workmen and/or others employed on the works by him or his sub-contractors and for the preservation of peace and protection of the inhabitants and security of the property in the neighbourhood of the works/site. In the event of the Employer requiring the maintenance of a special police force at or in the vicinity of the site during the tenure of the Contract in consequence of the riotous or unlawful behavior by, or amongst the Contractor's or his sub-contractors workmen and/or others staff employed by him/them, all expenses thereof and costs of all


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damages due to such riotous or unlawful behaviour shall be borne by the Contractor and if paid by the Employer, shall be recoverable from the Contractor in terms of the Contract.

11.12 Sanitary arrangements The Contractor shall comply with all sanitary rules in force and carry out all sanitary

measures and permit inspection of all sanitary arrangements at all reasonable times by the Employer.

11.13 Infectious diseases The Contractor shall employ such persons as are found to be free of contagious

diseases and shall produce if required by the Employer, certificate of fitness of all his employees working at site. The Contractor shall, if required by the Employer, subject to all his employees to regular medical check up and produce satisfactory evidence of their being free from any contagious disease.

The Contractor shall remove from his labour camp such labour and their families who refuse protective inoculations and vaccination when called upon to do so by any competent authority.

11.14 Medical facilities at site The Contractor shall provide medical facilities at the site as per rules in force in relation

to the strength of the Contractor's staff and workmen deployed at site. 11.15 Age Limits of Labour The Contractor shall not employ for the purpose of the work, any person below the

age as his statutorily forbidden. The Employer shall have the right to refuse to allow any labour, whom he considers to be underage to be employed by the Contractor. The Contractor shall submit periodical statements of labour employed by him to the Employer.

11.16 Provident Fund (PF) (i) Contractor has to provide PF Registration No. to Employer within 30 days of

issue of LOA. Non-submission may lead to suspension / cancellation of LOA. (ii) The Contractor shall be solely responsible for deduction and contributions

under the Employees' Provident Fund and Family Pension Act, 1952 and the scheme made thereunder as amended from time to time. He shall be solely responsible for the maintenance of records for payment of contributions and submission of returns in accordance with the said act and scheme.


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(iii) Every Contractor shall within 15 days of the close of every months, submit to the Employer a statement showing the recoveries of contribution in respect of employees, employed by or through him after depositing the contribution of employees and employers with appropriate authority and also furnish to NINL such information which are required to be furnished by NINL as principal employer to the concerned authorities.

The amount of contribution (employer's contribution as well as employees

contribution in pursuance of any scheme and the employer's contribution in pursuance of insurance scheme) and any charges for meting the cost of administering the fund paid/payable by the employer in respect of an employee by or through a Contractor will be recovered by the Employer from the Contractor either by deduction from any amount payable to the Contractor under any Contract or a debt payable by the Contractor.

Notwithstanding any Contract to the contrary, no Contractor shall be entitled to deduct employer's contribution or other administrative charges from the wages payable to an employee employed by or through him.

(iv) In case the Contractor fails to make payments under the above act and the

hereunder and as amended from time to time, the Employer reserves the right to make such payment on behalf of the Contractor on demand from the authorities under the act and recover the same from the payments due to the Contractor. Further, the Contractor shall indemnify and keep indemnified the Employer against any loss or damage whatsoever that may be suffered by the Employer as a result of any claims, damages, penalties for any failure, non-compliance on his part with the provisions of the aforesaid act and the scheme framed thereunder.

11.17 Observance by sub-contractors

The Contractor shall also be responsible for the observation of all the above clauses by his sub-contractors.

12.0 WORK PERMIT, PASSPORT, SECURITY PASS ETC. The Contractor shall be responsible for arranging and obtaining at his own cost & risk, if

required, the necessary work permits, passports, visas, police permits and expenses for customs duty related to personal and other effects of any personnel employed or engaged by him for work including labour, whether resident or non-resident of India. Security pass can be obtained from police authorities at Duburi. The Employer will recommend and assist in obtaining the passes. Contractor should not claim for delay in case of delay in obtaining security passes. The Contractor will take responsibility of obtaining Security passes. The permission/passes issued by the Employer as per their security/safety provisions and procedures shall also come under purview of this Clause.


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13.0 CONTRACTOR’S REPRESENTATIVE

(i) The Contractor shall depute/appoint a competent, appropriately qualified and experienced person as Project Coordinator, in consultation/approval of the Employer, to act and represent the Contractor in respect of discharge of Contractor’s responsibilities and obligations under the Contract.

(ii) The Contractor’s Project Coordinator shall be vested with necessary powers, which shall be evidenced by necessary Power of Attorney in favour of such Project Co-ordinator of the Contractor and shall be competent to take all such decisions on his behalf during currency of the Contract, as may be deemed necessary in order to discharge Contractor’s responsibilities and obligations in terms of the Contract.

(iii) All notices and instructions issued by the Employer to the Contractor’s Project Coordinator in terms of the Contract shall be deemed to have been issued to the Contractor and the Contractor/Project Coordinator shall be under contractual obligation to comply with Employer’s all such notices and instructions.

(iv) All personnel including experts deployed/deputed by the Contractor’s Project Coordinator in respect of execution of works and services under the Contract shall be deemed to have been deployed/deputed by the Contractor and the Contractor shall be responsible and liable for the conduct/misconduct, behavior, decisions, and negligence of such personnel/experts including labour of the Contractor and his associates/sub-contractors. The Employer reserves the right to ask the Contractor to withdraw any of his personnels deployed in the project as per stipulations under the Contract.

14.0 SUB-CONTRACTS 14.1 The Contractor shall not sub-contract the Contract Work in whole or part thereof to third

parties for the performance of this Contract without written consent of the Employer / Consultant.

14.2 Selection of any sub-contractor/sub-supplier by the Contractor, in respect of discharge of

his contractual responsibilities and obligations shall be subject to prior approval of the Employer. However the Contractor shall alone be responsible and liable for discharge of his obligations and responsibilities including that of his sub-contractor(s) and sub-supplier(s) in terms of the Contract. The Contractor shall remain solely liable for any action, deficiency, and/or negligence on the part of his sub-contractors, his agent, his workmen as fully as if they were the acts, defaults or neglects of the Contractor.

14.3 The Contractor and/or his sub-contractor/sub-suppliers shall be under contractual

obligations to submit any such information/document including but not limited to inspection / Test reports of materials to be incorporated and / or incorporated in the works, to the Employer for his approval/review/perusal, which the Employer may


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consider it deemed necessary in respect of discharge of contractual obligations/responsibilities by the Contractor and/or his sub-contractor/sub-supplier.

14.4 The Contractor shall submit un-priced copies of purchase orders / work orders with

technical specifications included in all orders placed on sub-contractors, if requested by the Employer.

14.5 In the event certain obligations extended by a sub-contractor to the Contractor should

extend beyond the guarantee period specified in the Contract, the Employer shall automatically be entitled to the benefit thereof.

14.6 In no event shall the Employer be deemed to have any contractual obligations

whatsoever in respect of Contractor’s/ sub-contractors and/or title-holders of any sub-orders placed by him.

15.0 DRAWINGS AND DOCUMENTS 15.1 All construction/installation drawings, sketches, schemes, manuals/instructions,

wherever and to the extent applicable, shall be provided by the Employer to the Contractor for the purpose of construction/installation, under the scope. All detailed construction drawings will be issued progressively during the execution of work. However, due to unforeseen circumstances if there is delay in the issue of drawings, the Contractor may plan the work accordingly. The Employer shall not assume any responsibility and liability on account of such delay in issuance of documents.

15.2 All works shall be executed by the Contractor in terms of the Contract and on the basis

of drawings and documents furnished to him as per above by the Employer and in accordance with the instructions/guidelines issued by the Employer and/or its authorised representative from time to time.

15.3 The drawings shall remain in the sole custody of the Engineer but two (2) copies

thereof shall be furnished to the Contractor free of cost. The Contractor shall provide and make at his own expense any further copies required by him. At the completion of the Contract the Contractor shall return to the Engineer all drawings provided under the Contract.

15.4 The Contractor shall indicate in writing to the Employer / Consultant or the Employer's

representative of any addition drawings or specification that he may require for the execution of the works or otherwise under the Contract, sufficiently in advance.

15.5 All drawings specifications, sketches, schedule of items / BOQ etc. furnished by the

Employer / Consultant shall be treated as strictly confidential property of the Employer in terms of the Contract.

15.6 One copy of the drawings, specifications and schedule of quantities/ items furnished to

the Contractor as aforesaid shall be kept by the Contractor on the site and the same shall be available for inspection and use by the Employer and any other person authorised by the Employer.


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15.7 The Employer Shall have full powers and authority to supply to the Contractor from time to time during the program of the works such further drawings and instructions, and / or any modifications/alteration thereof, including written instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance of the works and the Contractor shall carry out and be bound by the same.

15.8 If the Contract/Technical Specifications specifies that the Contractor shall design any part of the Works, then unless otherwise stated in the SCC:

(a) the Contractor shall prepare and submit to the Engineer, Contractor’s drawings/sketches/documents, as required under the Contract/Technical specifications and / or as may be instructed by the Engineer, for this part in accordance with the procedures specified in the Contract;

(b) these documents of Contractor shall be in accordance with the Specification and Drawings, and shall include additional information as may be required by the Engineer for co-ordination of each Party’s designs;

(c) the Contractor shall be responsible for this part and it shall, when the Works are completed, be fit for such purposes for which the part is intended as are specified in the Contract; and

(d) prior to the taking over of the Works by the Employer, the Contractor shall

submit to the Engineer all such “as-built” documents as specified in Contract/Technical specifications.

15.9 The Contractor shall also furnish to the Employer 3 (Three) sets of all catalogs,

literatures, manuals etc. in respect of bought-out items incorporated in the works, wherever applicable.

15.10 The Contractor himself shall not make any changes in the drawings/sketches,

specifications and schedule of items / BOQ issued by the Employer/Consultant. If any error or omission is detected, he shall promptly bring the same to the notice of the Employer for clarification/ decision/ rectification. All modifications shall be subject to the written approval of the Employer.

16.0 INSURANCE 16.1 The Contractor, within the Contract price shall arrange, secure and maintain during

execution of the Contract, insurance as may be necessary or required by law for purpose of this Contract and for all such amounts to protect the interest of the Employer against all risks as detailed herein. The form and the limit of such insurance as defined herein together with the under-writer thereof in each case shall be acceptable to the Employer. However, irrespective of such acceptance, the responsibility to maintain insurance at all times during the period of `Contract' shall be that of the Contractor alone. All policies as stipulated shall remain valid during the tenure of the Contract. The Contractor's failure in this regard shall not relieve him of any of his contractual responsibilities and obligations.


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16.2 The Contractor shall deposit copy of Insurance Policy/Policies along with copies of Receipts for premium to the Employer within 14 days of mobilisation at site or such other lesser time as is necessitated by the work, failing which the Employer shall have the right to take out Insurance covers at Contractor' expenses and deduct the amount of such premium paid/ to be paid from any money due or becoming due to the Contractor, without prejudice to any other rights of the Employer.

The above insurance policies shall be kept valid during the tenure of the Contract.

Contractor shall also furnish to Employer any amendments thereto and prompt notification of any cancellation or termination thereof.

The Contractor shall pay necessary premium as required under the terms of the policy.

Should the Contractor default in paying any premium when due, Employer, without prejudice to other remedies set forth in this Agreement, shall be at liberty to pay such premium and recover the same from the Contractor.

16.3 The Contractor shall arrange Transit Insurance (for transporting materials, under

Contractor’s scope of supply, to site), Workmen's Compensation Insurance, Comprehensive Automobile Insurance and Comprehensive General liability Insurance, which shall be at the cost and the responsibility of the Contractor.

16.4 The Contractor shall take suitable Group Personal Accident Insurance Cover for taking

care of injury, damage or any other risks in respect of his Engineering and other Supervisory staff who are not covered under policies as stipulated above.

16.5 The Contractor shall take insurance policy from Branch office at Bhubaneswar / J.K.

Road of one or more Nationalised Indian Insurance Company(s). 16.6 Unless otherwise specified in SCC, all policies shall be in the Joint name of the

Employer alongwith the Contractor. Sub-contractor’s of the Contractor shall not be holders or beneficiaries in the policy nor shall they be named in the policy. Employer reserves the exclusive right to assign the policy.

16.7 The Contractor shall also arrange suitable insurance to cover damage, loss, accidents,

risks etc., in respect of all his plant, equipments and machinery, erection tools & tackles and all other temporary attachments brought by him at site to execute the work.

16.8 In all cases, the Contractor shall lodge the claims with the Underwriters and also get the

claims settled. However, the Contractor shall proceed with the repairs and/or replacement of the works or part thereto as the case may be, in their scope without waiting for the settlement of the claims. In case of seizure of any materials by concerned authorities, the Contractor shall arrange prompt release against bond, security or cash as required. Employer will extend all assistance to the Contractor in such a case.

16.9 All the insurance claims pertaining to their scope shall be processed by the Contractor

and the missing/damaged works shall be replaced / repaired by them without any extra cost to the Employer and without affecting the completion time.


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16.10 Workmen's Compensation Insurance This insurance shall protect the Contractor against all claims applicable under the

Workmen's Compensation Act, 1948 (Government of India) as amended from time to time. This policy shall also cover the Contractor against all claims for injury, disability, disease or death of his or his sub- contractor's employees which for any reason are not covered under the Workmen's Compensation Act, 1948. The liabilities shall not be less than:

Workmen's compensation : As per statutory provisions. Employees' Liability : As per statutory provisions. 16.11 Comprehensive Automobile Insurance This insurance shall be in such a form to protect the Contractor against all claims for

injuries, disability, disease and death to members of public including the Employer's men and damage to the property of others arising from the use of motor vehicles during on or off the `site' operations, irrespective of the ownership of such vehicles.

The liability covered shall be as per statutory requirements unless otherwise stated in SCC. 16.12 Comprehensive General Liability Insurance This insurance shall protect the Contractor against all claims arising from injuries,

disabilities, disease or death of members of public or damage to property of others due to any act or omission on the part of the Contractor, his agents, his employees, his representatives and sub-contractors or from riots, strikes and civil commotion.

16.13 While carrying out the work at site, appropriate Insurance Policy shall be taken by the

Contractor to cover damage, loss, injury, accidents to lives and properties of Contractor, Employer/ Third parties in the vicinity.

16.14 Notwithstanding all these Insurance Policies, the Contractor shall be solely liable and

responsible for any or all damages/losses /arising during the execution of the Contract and the Employer shall not be held responsible on any account whatsoever.

16.15 Any such insurance requirements as are hereby established as the minimum policies

and coverages which Contractor must secure and keep in force. Contractor shall at all times be free to obtain additional or increased coverages at Contractor's sole expense.

16.16 The provisions contained within this clause are not intended and do not impair or in any

manner limit the liabilities or obligations assumed by the Contractor as may be set forth elsewhere in this Contract.


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17.0 TYPE, QUALITY OF MATERIALS AND WORKMANSHIP (i) The Contractor shall be deemed to have carefully examined and to have read

and understood the general and other conditions, specifications, schedules, drawings, etc. forming part of the Contract and also to have satisfied himself as to the nature and character of the work to be executed and the type of the duties required including wherever necessary of the site conditions and relevant matters and details. Any information thus had or otherwise obtained from Employer shall not in any way relieve the Contractor from his responsibility and contractual obligations for executing the work in terms of the Contract. If the Contractor shall have any doubt as to the meaning of the portion of the Contract, he shall before signing it set forth the particulars thereof and submit to Employer in writing in order that such doubt may be removed.

(ii) All materials and workmanship shall be of the respective kinds as described in

the Contract and in accordance with the Employer's instructions and shall be subjected from time to time to such tests as the Employer may direct at the place of fabrication / manufacturing or on the site or at all or any of such places. The Contractor shall furnish to the Employer test reports for any materials on demand within 10 days to prove that the materials are as specified.

(iii) Contractor shall supply samples of materials, before incorporation in the works

for testing as may be selected and required by the Employer. (iv) All materials under scope of supply of the Contractor shall be of the best quality

and workmanship according to the latest engineering practice and shall be of best quality considering strength and durability for their best performance. All material shall be new. Substitution of specified material or variation from the method of fabrication/construction may be permitted with the prior written approval of the Employer/Consultant.

(v) The Contractor shall procure and/or fabricate all materials in accordance with all

requirements of Central and State enactments, rules and regulations governing such work in India and at site. This shall not be construed as relieving the Contractor from complying with any requirement of Employer as enumerated in the Contract Specifications which may be more rigid than and not contrary to the above mentioned rules, nor providing such construction as may be required by the above mentioned rules and regulations. In case of variance of the Contract Specification from the laws, ordinance, rules and regulations governing the work, the Contractor shall immediately notify the same to the Employer. It is the sole responsibility of the Contractor, however, to determine that such variance exists. Wherever required by rules and regulations, the Contractor shall also obtain the Statutory Authorities approval for the plant, machinery and equipment to be supplied by the Contractor.


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(vi) In addition to specification described in Contract documents, all materials, workmanship, inspections, sampling and testing and interpretation of test results and their application shall be in accordance with the latest editions of Indian standards specifications and/or codes of practice. Codes and standards of other countries can be followed with the prior written approval of Employer, provided materials, supplies & equipment according to the standard are equal to or better than the corresponding standards specified in the Contract.

(vii) Brand names mentioned in the Contract documents, if any, are for the purpose

of establishing the type and quality of products to be used. The Contractor shall not change the brand name and qualities of the bought-out items without the prior written approval of the Employer/Consultant.

However, the Employer reserves the right to make any appropriate change

and/or replacement in the specified brand names of such product/goods at any time prior to procurement of the same by the Contractor, if he (the Employer) considers it appropriate and necessary to achieve the stipulated contractual requirements and the Contractor shall be under his contractual obligations and responsibilities to comply with such requests of the Employer and make supplies accordingly within the stipulated Contract price.

All such products and equipment shall be used or installed in strict accordance

with original manufacturer's recommendations, unless otherwise directed by the Employer/Consultant

18.0 INSPECTION & TESTS

18.1 Within the specified Contract price, the Contractor shall institute a quality assurance system to demonstrate compliance with the requirements of the Contract. The system shall cover all such Inspections/Tests and Quality Control checks and measures at appropriate stages of execution of Contract, as specified in Contract/Technical Specifications and/or under the Contract and/or any document referred to therein. The Engineer shall be entitled to audit any aspect of the system.

Details of all procedures and compliance documents shall be submitted to the Engineer for information before each execution stage is commenced. When any document of a technical nature is issued to the Engineer, evidence of the prior approval by the Contractor himself shall be apparent on the document itself.

Compliance with the quality assurance system shall not relieve the Contractor of any of his duties, obligations or responsibilities under the Contract.

18.2 All materials and works whether at the site or in Contractor's/ sub-contractor's premises

shall be subject to inspection and test by Employer and/or its authorised representative.


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18.3 The Employer shall have the right for inspecting and testing the Contractor’s and/or its sub-contractor(s) work or any part thereof, under the scope of the Contract, at any time during execution or after the completion of work, and the Contractor on demand of the Employer shall carry out such tests in appropriate manner in the presence of the Employer’s authorised representatives. Should the Contractor himself not be in a position to carry out the tests, he shall, on the Employer's demand prepare specimen and sample and send them to such testing station / laboratories as the Employer may specify.

18.4 The Employer shall have the right to be present during all tests carried out by the

Contractor. The Contractor on being requested so to act, shall present sufficient documentary evidence that the material used will meet the specified requirement. If called for, samples and specimen shall become the Employer's property. The Contractor shall notify the Contract work in order that the inspection or tests can be carried out as may be required to ascertain without prejudice to the Contractor's liability, whether the materials and/or services are in conformity with the requirement of the Contract. All inspection and tests shall be carried out as per the approved procedure and in terms of stipulations of the Contract unless otherwise specified.

18.5 The Contractor shall submit to the Employer programme of inspection and tests with a

minimum of 21 days clear notice of any fabrication/precasting work being ready for inspection and tests specifying the period likely to be required for such inspection and tests. Thereafter, the Employer or his inspector shall, unless inspection or test is voluntarily waived, attend such inspection and test. Should the Employer fail to attend such inspection and test, the Contractor may proceed with the inspection and test at his option which shall be deemed to have been made in the Employer’s presence and shall forthwith forward to the Employer copies of inspection/test certificates for acceptance by the Employer.

18.6 In all cases whether at the premises or works of the Contractor or of any sub-contractor,

the Contractor shall unless, otherwise specified, shall provide free of charge to the Employer such labour, materials, electricity, fuel, water, stores, apparatus and instrument and/or facilities as may reasonably be deemed to carry out efficiently such tests in accordance with the Contract and shall give all such facilities to the Employer or his authorised representative to accomplish such tests.

18.7 The Employer upon giving notice in writing and stating the grounds of objection, shall

have the right to reject any or all work or material, or to demand rectification or replacement thereof.

In case any inspection / tests fails, re-inspection/retest shall be carried out after

necessary rectification by the Contractor at his cost. 18.8 All basement sewer lines, water supply lines, manholes etc. shall have to be tested by

the Contractor to prove that the same are watertight in the manner as specified. All storm water drains shall have to be tested by the stagnation etc. in the manner required


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by the Employer. Water required for testing shall be arranged by the Contractor at his cost. The cost of such testing shall be held to be inclusive in the Contract rates.

18.9 Unless expressly specified otherwise, the Contractor shall be liable for all costs involved

and incurred in conducting/arranging all such inspection/tests as specified in the Contract and/or instructed by the Employer and/or its authorised representative including preparation of samples and getting them tested either at site or at any other test laboratories, in the manner as stipulated under the Contract. However, the Employer shall be liable and responsible for all costs involved and/or incurred in deputing his representative for witnessing all such inspection/tests.

18.10 Notwithstanding with any approval or acceptance which the Employer may grant to the

Contractor in respect of any of his and/or his sub-contractor’s materials / works executed, the Contractor shall not be absolved of any of his contractual obligations and responsibilities under the Contract and the Employer reserves the right to reject any of the material/works as stipulated under the Contract.

19.0 CONSTRUCTION / INSTALLATION OF WORKS 19.1 Access to and Possession of site 19.1.1 Access to and possession of the site shall be afforded to the Contractor by the Employer

in reasonable time to start the Contract Work as per time schedule specified in the Contract.

19.1.2 In the execution of the work, no person other than the Contractor, sub-contractor and his

or their employees shall be allowed on the site except with the written permission of the Employer. Facilities to inspect the works at all times shall be afforded by the Contractor to the Employer and his representatives and other authorised officials. The Employer’s Personnel shall at all reasonable times:

(a) have full access to all parts of the site and to all places from which natural Materials are being obtained, and

(b) during construction (at the site and elsewhere), be entitled to examine, inspect, measure and test the materials and workmanship, and to check the progress of the works.

The Contractor shall give the Employer’s Personnel full opportunity to carry out these activities, including providing access, facilities, permissions and safety equipment.

19.1.3 The access to and possession of the site referred above shall not be exclusive to the Contractor but only such as shall enable him to execute the works in accordance with the Contract. Upon specific request of the Employer, the Contractor shall afford to the Employer and to other Contractors of the Employer, reasonable facilities for the execution of the work concurrently with his own.


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19.2 The Contractor shall not interfere unnecessarily or improperly with:

(a) the convenience of the public, or

(b) the access to and use and occupation of all roads and footpaths, irrespective of whether they are public or in the possession of the Employer or of others.

The Contractor shall indemnify and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from any such unnecessary or improper interference.

19.3 Setting Out

Contractor shall be responsible for true and proper setting out of the works and for the correctness of the position, levels, dimensions and alignment of all posts of the work and for the provision of all necessary instruments, appliances and labour in connection there with. Normally bench mark shall be provided at inter section of all main walls and shop column axes. A master bench mark shall be established first from which all further lines and levels shall be established. The checking of any setting out or of any line or level by Employer / Consultant or his representatives shall not relieve the Contractor of his responsibility for the correctness thereof Contractor shall carefully preserve all the bench marks, site rails, pegs and other things used in setting out the works.

If, at any time during the progress of installation of the Facilities, any error shall appear in the position, level or alignment of the Works, the Contractor shall forthwith notify the Employer of such error and, at its own expense, immediately rectify such error to the reasonable satisfaction of the Employer.

19.4 Contractor's Superintendence and Supervision 19.4.1 The Contractor shall provide all necessary superintendence during the execution of the

works and as long thereafter as the Employer may consider necessary for the proper fulfillment of the Contractor's obligations under the Contract. The Contractor or one of his competent authorised representative duly approved by the Employer is to be constantly on the works and shall give his whole time to superintendence of the same. If such approval is withdrawn by the Employer the Contractor shall as soon as is practicable (having regard to the requirement of replacing him as herein after mentioned) after receiving such withdrawal, remove the representative from the site and shall not there after deploy him again on the site in any capacity and shall replace him by another representative approved by the Employer. Such authorised representative shall receive on behalf of the Contractor directions and instructions from the Employer.

19.4.2 The Contractor shall, if required by the Employer, deliver to the Employer returns in

such form and at such intervals as the Employer may prescribe showing in detail the supervisory staff and the numbers of the several classes of labour from time to time deployed by the Contractor on site.


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19.4.3 If, in the opinion of the Employer, due progress is not made with the work in accordance with the Contract and/or the execution thereof becomes contrary to specifications, and/or bad work is executed and/or bad materials are used or supplied by the Contractor, and/or any directions given by the Employer are not properly complied with or attached to, the Employer may, if he considers it necessary or proper for the due execution of work in accordance with the Contract, issue written order for the deployment of extra supervising staff to supervise the work. The expenses of such deployment of extra supervising staff shall be borne by the Contractor.

19.5 Deployment of Labour at site

(a) The Contractor shall provide and deploy on the site of the construction of the works, such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution of the Contract, in terms of the Contractor. The Contract is encouraged to use local labour that necessary skills (as per oustees list available with the Employer).

(b) The Contractor shall, in all dealings with its labour and the labour of its sub-contractors currently deployed on or connected with the Contract, observe all such statutory laws/regulations as stipulated under the Contract.

19.6 Contractor’s Equipment

19.6.1 All Contractor’s Equipment brought by the Contractor onto the site shall be recorded at Employer’s gate / entry point and proof thereof shall be retained till removal of the equipment from site. Such equipment shall be deemed to be intended to be used exclusively for the execution of the Contract. The Contractor shall not remove the same from the site without the Employer’s consent.

19.7 Opportunities for other Contractors

19.7.1 The Contractor shall, give all reasonable opportunities for carrying out the work to any other Contractors employed by the Employer on or near the site.

19.7.3 The Contractor shall also so arrange to perform its work as to minimize, to the extent possible, interference with the work of other contractors. The Employer shall determine the resolution of any difference or conflict that may arise between the Contractor and other contractors and the workers of the Employer in regard to their work.

19.7.4 The Contractor shall notify the Employer promptly of any defects in the other Contractors’ work that come to its notice, and that could affect the Contractor’s work. The Employer shall determine the corrective measures, if any, required to rectify the situation after inspection of the works. Decisions made by the Employer shall be binding on the Contractor.

19.7.5 The Contractor shall co-ordinate with other contractors agencies working in or about the site or at the adjoining areas on works having direct or indirect connection with the Contract work being executed by the Contractor under this Contract.


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19.7.6 The Contractor shall interact with other contractors and agencies stated under above and sequence various activities with the activities of other Contractors in a manner required for timely and sequential completion of the Contract work.

19.7.7 Co-ordination with other contractor’s / agencies or any disagreement or delay in

co-ordination or interruption in work shall not entitle the Contractor to any extra time or cost.

19.8 Emergency Work

If, by reason of an emergency arising in connection with and during the execution of the Contract, any protective or remedial work is necessary as a matter of urgency to prevent damage to the works, the Contractor shall immediately carry out such work.

If the Contractor is unable or unwilling to do such work immediately, the Employer may do or cause such work to be done as the Employer may determine is necessary in order to prevent damage to the works. In such event the Employer shall, as soon as practicable after the occurrence of any such emergency, notify the Contractor in writing of such emergency, the work done and the reasons therefore. If the work done or caused to be done by the Employer is work that the Contractor was liable to do at its own expense under the Contract, the reasonable costs incurred by the Employer in connection therewith shall be paid by the Contractor to the Employer.

19.9 Site Clearance

19.9.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the Contractor shall keep the site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the site.

19.9.2 Clearance of site after Completion: Upon issuance of the Completion Certificate, the Contractor shall clear away and remove, from that part of the site and works to which the completion Certificate refers, surplus material, wreckage, rubbish and temporary works except for temporary site office / stores / godowns. The Contractor shall leave that part of the site and the works in a clean and safe condition. However, the Contractor may retain on site, during the Defect Liability Period, such goods as are required for the Contractor to fulfill obligations under the Contract. The Contractor shall remove Contractor’s equipment that are no longer required only with the prior permission of the Employer or in case so instructed by the Employer.

19.9.3 Construction of temporary site office/site go-down required for Contractor or his sub-

contractor(s) shall be in Contractor’s scope. However, after completion of work, same would be handed over to the Employer with the materials or to be demolished as per Employer’s instructions and in that case left out and reusable materials will be handed over to Employer and such area shall be cleared and cleaned properly by the Contractor.


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19.10 Watching and Lighting

The Contractor shall provide and maintain at its own expense all lighting, fencing, and watching when and where necessary for the proper execution and the protection of the works, or for the safety of the owners and occupiers of adjacent property and for the safety of the public.

19.11 Work at Night and on Holidays

19.11.1 Unless otherwise provided in the Contract, no work shall be carried out during the night and on national holidays without prior written consent of the Employer, except where work is necessary or required to ensure safety of the works or for the protection of life, or to prevent loss or damage to property.

19.11.2 Notwithstanding with the above stipulations, if and when the Contractor considers it necessary to carry out work at night or on public holidays so as to meet the time for Completion and requests the Employer’s consent thereto, the Employer shall not unreasonably withhold such consent.

20.0 APPROVAL BY THE EMPLOYER 20.1 Without prejudice to Employer’s other rights and remedies stipulated under the

Contract, the Contractor’s following works shall be subject to approval by the Employer / Consultant.

(i) The men, material and machinery proposed to be mobilised by the Contractor. (ii) All changes from the agreed specifications/ drawings. (iii) Design, type, quality, quantity, materials and workmanship of any or all items of

supplies, work and services under Contractor’s scope to ensure that supplies, work and services made/executed/ performed by the Contractor are in accordance with the provisions of this Contract.

(iv) Where approval of the Employer is necessary or implied but is not specifically

provided for elsewhere in this Contract. 20.2 No certificate other than the Final Acceptance Certificate referred to under “Defect

Liability Period" hereof shall be deemed to constitute approval of any works other than matter in respect of which it is issued or shall be taken as admission of the due performance of the Contract or any part thereof, the accuracy of any claim or demand made by the Contractor or of additional or varied work having been ordered by the Employer nor shall any other certificate conclude or prejudice any of the powers of the Employer.

20.3 Notwithstanding with any approval or acceptance which the Employer may grant to the

Contractor under the Contract, the Contractor shall be solely and wholly responsible and liable for the execution and performance in terms of the Contract and the Employer


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reserves the right to reject, any of works/material performed and/or supplied by the Contractor under the Contract.

21.0 EMPLOYER'S AUTHORITY 21.1 Employer shall be the sole communicating authority and all correspondence under this

Contract to the Employer shall be addressed to the Engineer by the Contractor. 21.2 Employer, besides issuing necessary drawings, sketches, specifications, instructions,

clarifications, etc. to the Contractor in terms of the Contract for execution of the works, may also record instructions in site order book where called for, for compliance by the Contractor.

21.3 Without prejudice to his other rights stipulated under the Contract, Employer shall have

the authority including but not limited to followings: (i) To make any modifications alteration to the drawings/ sketches already

supplied to the Contractor. (ii) To increase/decrease the quantum of work specified in the schedule of items /

BOQ or to omit items of works and/or to order substitutions. (iii) To reject materials/workmanship not conforming to instructions/ specifications/

drawings and to order for removal of rejected materials or pull down/ dismantle defective works.

(iv) To give notice to the Contractor if any deficiency is found with regard to

adherence to accepted programme or sequence of work or delay in procurement of material and labour or negligence on the part of the Contractor or his authorised agent.

(v) To alter already agreed programme or sequence of work if found necessary at

a later date due to design and other stipulations in the tender even if it leads to interruption to any one or more types of work.

22.0 REJECTION 22.1 Notwithstanding with any approval/acceptance which the Employer may grant to the

Contractor, in respect of any of Contractor’s works or any part thereof including materials under the scope or any other services for its quality & quality adequacy and workmanship which the Contractor has discharged or provided in terms of the Contract, the Contractor shall not be relieved in any way of any of his contractual obligations and/or responsibilities to execute and complete the works in conformance to the Contract.


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22.2 The Employer reserves the right to reject, Contractor’s any goods/work delivered and/or executed under the Contract, any time during currency of the Contract if the same is found to be not in conformity with terms of the Contract.

22.3 If the Contract work or any portion thereof, before it is accepted or taken over by the

Employer, is found to be defective or not being in conformity with Contract/technical specifications or fails to fulfill the requirements of the Contract, the Employer shall give the Contractor notice setting forth particulars of such defects or failure and the Contractor shall forthwith make good the defects or alter the same to make it comply with the requirements of the Contract. Should he fail to do so within a reasonable time, the Employer may reject and replace at the risk and cost of the Contractor, the whole or any portion of the work as the case may be, which is defective or not in conformity with Contract / technical specifications or fails to fulfill the requirements of the Contract. However, such rejection/ replacement by the Employer shall not absolve the Contractor of his responsibilities under this Contract.

22.4 Any materials, etc. brought to site and found to be not in accordance with the Contract,

shall be rejected by the Employer and the Contractor shall remove the materials from site within the period specified by the Employer. Should the Contractor fail to do, the Employer may remove the same at the risk and cost of the Contractor.

22.5 The Contractor shall not be entitled to any extension of time or extra cost for fulfilling his

obligations stipulated herein above. 23.0 RESPONSIBILITY FOR PERFORMANCE OF CONTRACT The Contractor shall be responsible for the due and faithful performance of the Contract

in all respects. Any approval, which the Employer / Consultant may have given in the course of execution of work, shall not relieve the Contractor from his obligations and notwithstanding any approval or acceptance given by the Employer / Consultant, it shall be lawful for the Employer to reject their services, if it is found that the services / work, rendered / work done by the Contractor are not in conformity with the Contract in all respects.

24.0 COMPLETION CERTIFICATE 24.1 Within 10 days (Ten) of the completion of the work, the Contractor shall give notice of

such completion of works and fulfillment of Contractor’s all obligations (except as stipulated under “Defect Liability Period”) in respect of such work, to the Employer.

24.2 Upon receipt of such notice of completion of works, the Employer shall carry out all

such inspections/checks/tests that are necessary to satisfy him:

(i) that the executed ‘works’ is in conformity with the Contract / Technical Specifications, design / drawings / sketches and modification(s) issued thereof, if any and as per written instructions issued to the Contractor from time to time during execution of works.


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(ii) that all the materials used and/or incorporated in the works meets the stipulated quality requirement and are in accordance with the Contract and / or the documents referred to therein.

(iii) that the Contractor has fulfilled all his obligations under the Contract, except

obligations stipulated under “Defect Liability Period”, in respect of such notified completed works.

Without prejudice to Employer’s other rights under the Contract, Completion Certificate in respect of such notified works, if satisfied about completion of works in terms of the Contract, shall be issued by the Employer.

24.3 At the option of the Employer, a provisional certificate of completion may be issued

indicating defects to be rectified/ reconstructed by the Contractor subject to the condition that the Contractor submits a written undertaking to finish any outstanding works during the period of defect liability. The defect liability period in respect of the said works shall commence from the date of issue of such certificate. Completion certificate shall be issued after rectification of all defects to the satisfaction of Employer/ Consultant.

24.4 At the option of the Employer, and on written application of Contractor, a certificate with

respect to any part work may be issued before completion of the whole work if the part work has been completed to the satisfaction of the Employer. When such certificate is issued, such part of work shall be considered as completed and defect liability period for such part shall commence from the date of issue of such certificate, provided that issue of such a certificate shall not be deemed to certify completion of any work or part there of which requires repair / replacement.

24.5 No completion certificate shall be issued nor shall the work be considered to be

complete until the Contractor has removed from the site all scaffolding, surplus materials, rubbish, etc. and all temporary works and cleaned off the dirt from wood work, doors, windows, walls, floors, or other parts of the work.

24.6 All guarantee and test certificates obtained by the Contractor and his sub-contractors in

respect of materials used and works executed during execution of works shall be handed over and transferred to the Employer before issuance of completion certificate by the Employer.

25.0 DEFECT LIABILITY PERIOD 25.1 Defect Liability Period of 12 (twelve) months shall commence from the date of issue of

completion certificate in accordance with Contract or in the event of more than one certificate(s) having been issued by the Employer under the Contract, from the respective dates so certified.


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25.2 The Contractor Guarantees that within above stipulated Defect Liability Period, the Contract work(s) including material(s) (under Contractor’s scope of supplies, if any) shall not show any signs of defects, errors, cracks, disfigurations, settlements, shrinkages, leakages, dampness or any other faults.

25.3 The Contractor shall maintain and satisfactorily execute at his own cost all such works

of repair, amendment, reconstruction, rectification, replacement and any other work to make good the faulty work during above stipulated defect liability period.

25.4 The Contractor shall, if required by the Employer, search for the causes of any defects,

imperfection or fault under the direction of the Employer. The cost of such work shall be borne by the Contractor.

25.5 At intervals specified by the Employer / Consultant, the Contractor alongwith the

Employer shall inspect the Contract work to satisfy him that no defects have cropped up in the Contract work. Should there be any signs of defects; the Contractor shall take immediate steps to rectify the same.

25.6 At the end of the defect liability period, the Contractor alongwith the Employer /

Consultant shall carry out final inspection of the Contract work to prove that no defects had appeared in the Contract work or that all defects which appeared in the Contract work have been rectified to the satisfaction of the Employer. If during the final inspection it is found that the defects still remain in the Contract work, the period of defect liability shall be extended at the discretion of the Employer and the Contractor shall be liable to make good the defects and be responsible for the maintenance of the work till the defect have been fully removed.

25.7 Until the end of the period, the Contractor shall have the right of entry at his own risk

and expense, by himself or his duly authorised representative whose name shall previously have been communicated in writing to the Employer at all reasonable working hours, upon all necessary parts of the works for the purpose of inspection and taking notes therefrom and, if he desires, at his own expense, making any tests subject to the approval of the Employer.

25.8 To the intent that the works shall, after expiration of defect liability period, be handed

over to the Employer in perfect condition to the satisfaction of the Employer, all such repair works as stated herein above shall be carried out by the Contractor at his own expense, if the necessity thereof shall in the opinion of the Employer be due to the use of materials or workmanship not in accordance with the Contract or failure on the part of the Contractor to comply with any obligations expressed or implied on Contractor’s part under the Contract.

25.9 If the Contractor fails to commence rectification of such defects within 14 days from the

date of Notice by the Employer or does not complete the said rectification with diligence and within mutually agreed time period, the Employer shall be entitled to carryout such work by his own workmen or by other Contractors and the Employer shall be entitled to


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recover from the cost thereof or may deduct the same from any money due or that become due to the Contractor under the Contract.

25.10 Upon successful completion of defect liability period for the entire work under the

contract, irrespective of number of Completion Certificates issued, the Employer shall issue Final Acceptance Certificate for the entire work to the Contractor after joint inspection by Employer / Consultant and Contractor.

26.0 PASSAGE OF PROPERTY AND RISK 26.1 Without prejudice to Employer’s other rights as stipulated under Clauses “Insurance”,

“Defect Liability Period” and “Employer’s Lien of” the Contract, the property and risk of the Contract work shall pass on to the Employer upon issuance of Final Acceptance Certificate under the Contract.

26.2 This Clause shall not in any way adversely affect or derogate against the Contractor's

obligations to provide to the Employer, Contract work completed in all respects. 27.0 EMPLOYER’S LIEN The Employer shall have a lien on and over all materials of every description, tools,

tackles, plant, equipment or any money due and/or that may become due and payable to the Contractor either under this Contract or any other Contract and /or also on and over deposits including the security amount or amounts made under this Contract and/or any other Contract and which may become repayable to the Contractor under the conditions in that behalf herein or therein contained, for or in respect of any debt or sum that may become due and payable to the Employer by the Contractor either alone or jointly with another and either under this Contract or under any other Contract/s or transaction/ of any nature and whatsoever between the Employer and the Contractor.

28.0 MATERIALS NOT INCORPORATED IN WORKS 28.1 Wherein any certificate, of which the Contractor has received payment, the Employer

has included the value of any unfixed/unused material(s) intended for incorporation in the works, such materials shall become the property of the Employer and they shall not be removed except for the use upon the works, without the written authority of Employer. However, the Contractor shall remain responsible and liable for custody of the same and any loss or damage till the Final Acceptance Certificate is issued by the Employer under the Contract.

28.2 The Contractor shall be solely responsible and liable for proper accounting and

reconciliation of all items/materials issued by the Employer to the Contractor under the Contract, after completion of works. Unless otherwise stated elsewhere, the Employer shall make deductions in terms of the Contract from any payment and/or money due or becoming due to the Contractor under the Contract and/or any other Contract, for all such items/materials which are not properly and reasonably accounted for to the satisfaction of the Employer by the Contractor.


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28.3 The Contractor shall also be responsible for proper accounting and reconciliation of all the plant and equipment and other material issued to the Contractor by the Employer in pursuance to the terms and conditions of the contract, prior to issuance of Final Acceptance Certificate by the Employer.

29.0 MISUSE OF THE WORKS 29.1 The Contractor shall ensure that the works or any portion of the work completed or

partially completed are not misused by him or his sub-contractors or their employees, workmen, agents, servants etc. leading to deterioration/ temporary deterioration of the work.

29.2 The Contractor may however be permitted by the Employer to use the work or a portion

of the work completed or partially completed for such purposes as may be approved by the Employer.

30.0 PROTECTIVE PAINTING The General Specification for painting and colour code etc shall be followed by the

Contractor for painting of equipment, steel structures etc. 31.0 POSSESSION PRIOR TO COMPLETION

The Employer shall have the right to take possession or use any completed or partially completed work. Such possession or use shall not be deemed to be an acceptance of any work done in accordance with the Contract. However, any damage to such work solely due to such provision or use shall be to the Employer’s account.

32.0 LIQUIDATION, DEATH, BANKRUPTCY ETC. If the Contractor dies, dissolves or becomes bankrupt or insolvent or causes or suffers

any Receiver to be appointed on his business or any assets thereof with his Creditors, or being a corporation commence to be wound up, not being a member's voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its business under a Receiver for the benefits of its Creditors or any of them, the Employer shall be at liberty:

(a) to terminate the Contract forthwith upon coming to know of the happening of

any such event as aforesaid by notice in writing to the Contractor or to the Receiver or Liquidator or to any person in whom the Contract may become vested to, or

(b) to give such Receiver, Liquidator or other person the option of carrying out the

Contract subject to his providing a guarantee upto an amount to be agreed for the due and faithful performance of the Contract.


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33.0 SECRECY, TITLES

33.1 The copyright in respect of all drawings, documents and other materials containing data and any other information, if any, furnished to the Employer by the Contractor in respect of his performance of the Contract herein shall pass to the Employer, if they are either furnished to the Employer directly or through the Contractor by any third party, including suppliers of materials. The Employer shall have the right to use these, without limitation, for construction and/or expansion of the works. However, the title to such information/documents, as stipulated herein above, shall remain vested with the Contractor and his respective sub-contractor(s).

33.2 Titles of all maps, plans, drawings, specifications, schemes and the subject matter contained therein and all other information given to the Contractor by the Employer in connection with the performance of the Contract Work shall remain vested with the Employer and shall be held confidential by the Contractor. Notwithstanding the above, the Contractor may furnish to its sub-contractor(s) such documents, data and other information it receives from the Employer to the extent required for the sub-contractor(s) to perform its work under the Contract, in which event the Contractor shall obtain from such sub-contractor(s) an undertaking of confidentiality similar to that imposed on the Contractor under this Clause.

33.3 Subject to stipulations of Clauses as per above, the Employer and the Contractor shall keep confidential and shall not, without the written consent of the other party hereto, divulge to any third party or take out of the country any documents, data or other information furnished directly or indirectly by the other party in connection with the Contract, whether such information has been furnished prior to, during or following termination of the Contract.

33.4 The obligation of a party under this Clause, however, shall not apply to that information,

(a) which at the time of disclosure are in the public domain or which later on become part of public domain through no fault of the party concerned, or

(b) which were in the possession of the party concerned prior to disclosure to him

by the other party, and which was not previously obtained, directly or indirectly, from the other party hereto

(c) which otherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality.

33.5 The provisions of this Clause shall not in any way modify any undertaking of confidentiality given by either of the parties hereto prior to the date of the Contract in respect of the works or any part thereof.

33.6 The provisions of this Clause shall survive termination, for whatever reason, of the Contract.


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34.0 NEGLIGENCE, DEFAULT & RISK PURCHASE 34.1 If the Contractor shall neglect to execute work with due diligence or expedition or shall

refuse or neglect to comply with any reasonable order given to him in writing by the Employer in connection with the work or shall contravene the provisions of Contract, the Employer may give notice in writing to the Contractor calling upon him to make good the failure, neglect or contravention complained of within such time as may be deemed reasonable by the Employer and in default of compliance with the said notice, the Employer without prejudice to his other stipulated rights under the Contract hereto, may rescind or terminate the Contract holding the Contractor fully liable for the damages that the Employer may sustain. In addition, the Contractor shall refund all amounts paid to him by the Employer for all such work, which may become infructuous due to such termination.

34.2 Should the Contractor fail to comply with such notice within the period as mentioned in

the notice or any other period considered reasonable by the Employer for such compliance, from the date of serving thereof, then and in such case, without prejudice to the Employer's other rights under the Contract, the Employer shall have at his option the right to take the affected work wholly or in part out of the Contractor's scope and may complete the work, as envisaged in the Contract either departmentally or by awarding fresh Contract(s) at a reasonable price to any other persons or firm or company to execute the same, at the risk and cost of the Contractor.

34.3 In such event the Employer shall, without being responsible to the Contractor for fair

wear and tear to the same, be entitled to seize and take possession and have free use of all materials, construction equipment, tools, tackles and other things of the Contractor which may be on the site for use at anytime in connection with the work to the exclusion of any right of the Contractor over the same and the Employer shall be entitled to retain and apply any sum which may otherwise be then due as per the Contract or any other Contract from him to the Contractor as may be necessary for the payment of the cost of execution of such work as aforesaid.

34.4 If the cost of executing the work as aforesaid shall exceed the sum due to the Contractor

and the Contractor fails to make good the deficit, the said materials, tools, tackles, construction plant or other things and properties of the Contractor as may not have been used up in the completion of the work, may be sold by the Employer and proceeds applied towards the payment of such difference and the cost of and incidental to such sale. Any outstanding balance existing after crediting the proceeds of such sale shall be paid by the Contractor on the demand of the Employer, but when all expenses, cost and charges incurred in the completion of the work are paid by the Contractor, all such materials, tools, tackle, construction plant or other things not used in the completion of the work and remaining unsold shall be removed by the Contractor with the written permission of the Employer only.


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35.0 INDEMNITY 35.1 The Contractor shall at all times indemnify and keep indemnified the Employer against

all claims which may be made against the Employer in respect of any infringement of any rights protected by patent registration of design of trade mark. In this connection, the Employer shall pass on all claims made against him to the Contractor for settlement.

35.2 Notwithstanding all reasonable and proper precautions being taken by the Contractor

at all times during the performance of the Contract work, the Contractor shall remain wholly responsible for all damages, whether to the Contract work executed by him or to any other Employer's property or to the lives, persons or property of others during the progress of the Contract work and the period of maintenance there of and shall indemnify, defend and hold harmless the Employer, Engineer or their employees against all claims, loss, demands, proceedings, charges and expanses, liability for personal injury (including death), and/or damage omission or default by the Contractor, his sub-contract agents, servants or employees and arising out of or connected with the performance of this agreement.

35.3 The Contractor assumes responsibility for and shall indemnify and save harmless the

Employer or their Employees from all liability, claims, costs, expenses, royalties, taxes and assessments including penalties, punitive damages, attorney's fees and court costs which are or may be required with respect to any breach of the Contractor's obligations under the Contract or for which the Contractor has assumed responsibilities under the Contract including those imposed under any Contract local or national law or laws, or in respect to all salaries, wages or other compensation or all persons deployed by the Contractor or his sub-contractors or suppliers in connection with the performance of any work covered by the Contract. The Contractor shall execute, deliver and shall cause his sub-contractor and suppliers to execute and deliver, such other further instruments as required to comply with all the requirements of such laws and regulation as may be necessary thereunder to conform and effect the terms of the Contract and to protect the Employer, the Engineer, or their employees during the tenure of the Contract.

35.4 Nothing contained in sub - clauses above shall be deemed to render the Contractor

liable for in respect of or to indemnify the Employer against any compensation or damages for or with respect to:-

a) The permanent use or occupation of land by the works or any part thereof or

surface or other damage caused by the Contract works in the normal course. b) The rights of the Employer to construct the works or any parts thereof over,

under in or through any land. c) Interference whether temporary or permanent with any right of light, air way,

water or other easement or quasi easement which is the unavoidable result of the construction of the works in accordance with the Contract.


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d) Injuries or damage to Persons or Property resulting from any act or neglect done or committed during the currency of the Contract by the Employer, his agents, servants or other contractors (not being employed by the Contractor) or in respect of any claims, demands, proceedings, costs, charges and expenses in respect thereof or in relation thereto. Provided further that for this clause the expression “the land" shall be deemed to be limited to the area defined in the specification or shown on the drawings in which land, crops, trees, structures will be disturbed or damaged as an inevitable consequence of carrying out of the works.

35.5 The Contractor shall be responsible for proper fencing, lighting, guarding and watching

of all works at site until they are taken over and further proper provisions for like period of temporary power, drainage, roadways footways, guards and fences as far as may be rendered necessary by reason of works for accommodation and protection of the Employer's and occupier's adjacent property, the public and others. No naked light shall be used by the Contractor on the site otherwise than in the open air without the special permission in writing from the Employer.

35.6 The Employer shall not be held responsible for any accident or damages incurred or

claims arising there from during the period of execution of Contract under the responsibility of the Contractor in so far as the latter is responsible. However, the Contractor shall be liable for such accidents as may be due to negligence on his part to carry out work in accordance with Indian laws and regulations.

36.0 SUSPENSION

36.1 The Employer may suspend the work in whole or in part at any time by giving Contractor notice in writing to such effect stating the nature, the date and the anticipated duration of such suspension.

36.2 On receiving the notice of suspension under this clause, the Contractor shall stop all

such work, which the Employer has directed to be suspended with immediate effect. The Contractor shall continue to perform other work in terms of the Contract, which the Employer has not suspended.

36.3 The Employer may at anytime cancel the suspension notice for all or any part of

suspended work by giving written notice to the Contractor specifying the part of work to be resumed and the effective date of suspension withdrawal. The Contractor shall resume the suspended work as expeditiously as possible after receipt of such withdrawal of suspension notice.

36.4 Suspension of work under this Clause by the Employer will not be for more than ninety

(90) days continuously and the total number of suspension will not be more than seven (7) times during contractual completion period. In the event of suspension of work for more than 15 days by the Employer for no fault of the Contractor, completion time shall be extended by the Employer.


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36.5 In the event of suspension of any work or any part thereof by the Employer for a continuous period of more than ninety (90) days, then at any time thereafter and provided that at that time such performance is still under suspension, the Contractor may give a notice to the Employer requiring that the Employer shall, within thirty (30) days of receipt of the notice, order the resumption of such performance or request and subsequently order a change in scope in accordance with the terms of the Contract excluding the performance of the suspended obligations from the Contract.

If the Employer fails to do so within such period, the Contractor and the Employer shall mutually discuss further course of action.

37.0 TERMINATION 37.1 The Employer, without prejudice to any other rights or remedies it may possess, may

terminate, at his discretion, the Contract forthwith in the following circumstances by giving a notice of termination and its reasons therefore to the Contractor, referring to this clause :

(a) for any reason at his convenience by giving the Contractor a notice of termination;

(b) if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it, compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed or order is made for its winding up (other than a voluntary liquidation for the purposes of amalgamation or reconstruction), a receiver is appointed over any part of its undertaking or assets, or if the Contractor takes or suffers any other analogous action in consequence of debt

(c) if the Contractor assigns or transfers the Contract or any right or interest therein in violation of the provisions of the Contract.

(d) If the Contractor

(i) has abandoned or repudiated the Contract either in full or part,

(ii) persistently fails to execute the Contract in accordance with the Contract or persistently neglects to carry out its obligations under the Contract without just cause,

(iii) refuses or is unable to provide sufficient materials, services or labor to execute and complete the work in the manner specified in the Contract and / or agreed by the Contractor at rates of progress that give reasonable assurance to the Employer that the Contractor can not attain Completion of the work under his scope in terms of the Contract and/or when the maximum of liquidated damages is reached its stipulated limit in terms of the Contract.

then the Employer may, without prejudice to any other rights it may possess under the Contract, give a notice to the Contractor stating the nature of the


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default and requiring the Contractor to remedy the same. If the Contractor fails to take remedial steps within fourteen (14) days of its receipt of such notice, then the Employer may terminate the Contract forthwith by giving a notice of termination to the Contractor that refers to this Clause.

37.2 Upon receipt of the notice of termination under the Contract, the Contractor shall, either immediately or upon such date as is specified in the notice of termination,

(a) cease all further work, except for such work as the Employer may specify in the notice of termination for the sole purpose of protecting that part of the plant/equipment/work already executed, or any work required to leave the site in a clean and safe condition, and

(b) terminate all sub-contracts, except those to be assigned to the Employer pursuant to paragraph (d) below, and

(c) deliver to the Employer the parts of the plant/equipment/work executed by the Contractor up to the date of termination, and

(d) to the extent legally possible, assign to the Employer all right, title and benefit of the Contractor to the work and to the plant and equipment as of the date of termination, and, as may be required by the Employer, in any sub-contracts concluded between the Contractor and its sub-contractors, and

(e) deliver to the Employer all drawings, specifications and other documents prepared by the Contractor or its sub – contractors and / or furnished by the Employer to him for execution of Contract works, including the lists of Contractor’s and his sub-contractor’s equipment (brought to site by them for the works) available at site, as of the date of termination, in terms of the Contract.

37.3 The Employer may enter upon the site, may ask the Contractor to leave site, and complete the work itself or by employing any third party. The Employer may at its discretion, to the exclusion of any right of the Contractor over the same, take over and use with the payment of a fair rental rate to the Contractor as mutually agreed between the Contractor and the Employer, with all the maintenance costs to the account of the Employer and with an indemnification by the Employer for all liability including damage or injury to persons arising out of the Employer’s use of such equipment, any Contractor’s Equipment owned by the Contractor and on the site in connection with the works for such reasonable period as the Employer considers expedient for the completion of works.

Upon completion of the Work or at such earlier date as the Employer thinks appropriate, the Employer shall give notice to the Contractor that such Contractor’s Equipment will be returned to the Contractor at or near the site and shall return such Contractor’s equipment to the Contractor in accordance with such notice. The Contractor shall thereafter without delay and at its cost and risk remove or arrange removal of the same from the site.


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37.4 Subject to stipulations of the Contract, the Contractor shall be entitled to be paid the Contract Price attributable to the work executed as on the date of termination, the value of any unused or partially used materials under Contractor’s scope of supplies on the site, and the costs, if any, incurred in protecting the Work and in leaving the site in a clean and safe condition. Any sums due to the Employer from the Contractor accruing prior to the date of termination shall be deducted from the amount to be paid to the Contractor under this Contract.

37.5 Upon termination of the Contract by the Employer under the Contract, the payments shall be settled in accordance with following provisions:

(i) If the Employer completes the work pursuant to Contract hereof, the cost of completing the work shall be determined by the Employer.

(ii) If the sum that the Contractor is entitled to be paid, under the Contract, plus the reasonable costs incurred by the Employer in completing the Work exceeds the Contract Price, the Contractor shall be liable for such excess.

(iii) If such excess is greater than the sums due to the Contractor, the Contractor shall pay the balance to the Employer, and if such excess is less than the sums due to the Contractor, the Employer shall pay the balance to the Contractor.

(iv) The Employer and the Contractor shall agree, in writing, on the computation described above and the manner in which any sums shall be paid considering all the payments already made to the Contractor including any advance payments prior to date of termination subject to any deductions permitted under the Contract.

(v) Upon termination of the Contract the security deposit, submitted by the

Contractor under the Contract, shall be released by the Employer only after settlement of all payments in accordance with the provisions given herein above. Security deposit shall be liable for forfeiture without prejudice to Employer’s other rights under the Contract, in case the Contractor fails to settle the payments as stipulated herein within a reasonable period as decided by the Employer.

37.6 In this Clause, the expression “plant/equipment/work executed” shall include all work executed, installation services provided, and all materials acquired (or subject to a legally binding obligation to purchase) by the Contractor and used or intended to be used in terms of the Contract, up to and including the date of termination.

38.0 FORCE MAJEURE 38.1 “Force Majeure” shall mean any event beyond the control of the Employer or of the

Contractor, as the case may be, and which shall include, the followings:

(a) Acts of Government Indian or Foreign, like nationalization, quarantine, embargo and/or import restriction. Acts by Government shall also include


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war, hostilities or warlike operations declared by the state, invasion, act of foreign enemy,

(b) disturbances and disruption of normal life due to rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, riots, civil commotion or civil war, and terrorist acts including sabotages, nuclear and pressure waves or other physical disaster, epidemics etc

(c) lawful strikes & lockout continuing for more than 3 weeks including lawful industrial disputes leading to disruption of work. However such situation prevailing at the premises of the sub-contractor(s) of the Contractor shall not be considered as Force Majeure condition.

(d) Acts of God including natural phenomena or calamities.

38.2 If either party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fifteen (15) days after the occurrence of such event.

38.3 The party who has given such notice shall be excused from the performance or

punctual performance of its obligation(s) affected by occurrences of such Force Majeure under the Contract for so long as the relevant event of Force Majeure continues and to the extent that Contractor’s such performance is prevented, hindered or delayed. However, the time for completion shall be extended in accordance with stipulations of the Contract.

38.4 The decision of the Employer whether there is a Force Majeure condition or not and

whether extension of time shall be granted or not shall be decided after mutual discussion and agreement between the Employer and the Contractor within 30 days of notice from either side. However, the decision of the Employer shall be binding.

38.5 In the event of occurrences of any one or more Force Majeure event(s) as described

herein above subject to stipulations of the Contract, the contractual completion time as stipulated under of the Contract and/or time of completion/implementation of the affected activity (activities)/work(s)/obligation(s) of the Contractor as agreed, shall be extended by a period as mutually agreed by the Employer and the Contractor.

38.6 No claim for increase in Contract price shall be accepted by the Employer in case any

extension of completion time or schedule is granted by the Employer as per stipulations of this Clause. However any benefit of price fall shall be passed on to the Employer.

38.7 If either party is prevented, hindered or delayed from or in performing any of its

obligations under the Contract by an event of Force Majeure, continuously for a period of 90 days or more, then notwithstanding that the Contractor has been granted extension of completion time, the Employer and the Contractor shall mutually agree on further course of action.


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39.0 ASSIGNMENT 39.1 The Contractor shall not assign his rights and obligations under the terms of this

Contract either in whole or part to any third party other than its legal successor without the written consent of the Employer.

However, all necessary information and documents shall be furnished by the Contractor

in advance to the satisfaction of the Employer, in case the Contractor assigns his any and / or all his rights and obligations as defined and declared in this Contract to its legal successors. In the event of failure of the Contractor to discharge its responsibility under this clause, the Employer may at his discretion, without prejudice to his other rights under the Contract, terminate the Contract as per stipulations of this Contract.

39.2 Should loan/financial agreement(s) require the Contractor to assign, by way of charge,

any money due or to become due to it, to a bank/credit agency for the benefit of receiving payment by the Contractor under this Contract from such bank/credit agency, or if any partial assignment is necessary to be made to any insurer in terms of Insurance Policy approved by the Employer, the Employer shall not refuse consent in such cases.

40.0 ARBITRATION 40.1 All disputes or differences, whatsoever, arising between the parties out of or in

relation to the construction, meaning and operation or effect of this Contract or breach there of shall be settled amicably. If however, the parties are not able to resolve them amicably, the same shall be settled by arbitration in accordance with the provisions of Arbitration & Conciliation Act 1996 and the award made in pursuance there of shall be binding on the parties. The Arbitrator/Arbitrators will give reasoned award.

Work under the Contract shall be continued by the Contractor during the arbitration

proceedings unless otherwise directed in writing by the Employer or unless the matter is such that the works cannot be continued until the decision of the arbitrators or of the Umpire, as the case may be, is obtained and save as those which are otherwise expressly provided in the Contract, no payment due or payable by the Employer shall be withheld on arbitration proceeding unless it is the subject matter or one of the subject matter thereof.

The venue of Arbitration shall be Bhubaneswar. 40.2 Only the Courts at Bhubaneswar will have the jurisdiction over any matter/disputes etc.

pertaining to and arising out of the Contract. 41.0 RIGHTS OF EMPLOYER TO VARY THE SCOPE 41.1 The Employer shall have the right, during the performance of the Contract, to change

the scope and/or technical character of the Project and/or of the services and related supplies as stipulated in the Contract.


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41.2 In the event, the Employer requests a change as per the Contract, the Contract price and time shall be adjusted upwards or downwards, as the case may be and as shall be mutually agreed to. The Contractor shall not be entitled to any extension of time unless such changes adversely affect the time schedule.

41.3 The Contractor shall not change any work to be made pursuant to this Contract

except as may become necessary to enable him to meet his technical obligations under this Contract, provided however that such changes shall be subject to prior written approval of the Employer.

41.4 The Contractor shall proceed with the changes as requested as per above pending

adjustment of Contract price and time schedule where so applicable in terms of Contract.

41.5 In the event that a request for changes by the Employer should affect the guarantees

of the plant/process, a readjustment of such guarantees shall be agreed upon jointly, before the Contractor proceeds with the change.

41.6 Changes occasioned due to non-observance by the Contractor of the provisions of

this Contract or arising out of detection by the Employer of errors in the documents or in works not in compliance with the design, specifications & drawings or with the best engineering practice, shall neither give rise to price adjustment nor extension of time. The Contractor shall take immediate steps to restore the contractual position, if so desired by the Employer.

Also, if any changes are required for completeness of the work as per the Contract,

the Contractor shall not be entitled to extra price or time. 42.0 WAIVER Non-enforcement by either party of any of the provisions of this Contract shall not

operate or constitute as a waiver of the provision itself or any subsequent breach thereof.

43.0 AMENDMENT 43.1 Any amendment to the terms of this Contract (including Schedules & Annexures) shall

be made in writing by both parties hereto and shall specifically state that it is an amendment to this Contract.

43.2 No amendment of the Contract shall have any effect until the Employer has received

such consent in writing (including that of the Contractor) as may be necessary under and in terms of the loan/financial Agreements.


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44.0 TERMINATION OF SERVICES OF CONTRACTOR'S PERSONNEL In the event any of the Contractor or his sub-contractors, personnel, agents,

sub-agents, assistants, or other employees shall be guilty of any misconduct or be incompetent or insufficiently qualified or negligent in the performance of their duties or it is undesirable for any administrative reasons for such person to be deployed, the Contractor, if so directed, shall immediately remove such person or persons from site. Any person or persons so removed shall not again be utilised in connection with this Contract without the written permission of the Employer. Any person so removed shall immediately be replaced by a qualified and competent substitute at the Contractor's cost and expenses. Should the Contractor be requested to repatriate any person he shall do so and shall bear all costs and charges in connection therewith.

45.0 SAFETY AND SECURITY 45.1 The Contractor /sub-contractor shall comply with all the provisions of safety of workmen

under Factories Act, 1948 Mines Act, 1952 as the case may be and Orissa Factory Rules, 1950 framed thereunder by the Government of Orissa. Insurance coverage of the employees for accidental death, permanent partial, permanent total, temporary disablement, occupational disease if any will be taken by the Contractor /sub-contractor. Necessary compliance on this matter will be submitted to the Employer as the principal employer, at the time of receiving the “permit of work”.

45.2 The Contractor /sub-contractor shall ensure that the complies, with the various statutory

provisions regarding the safety of the employees at the work site and shall ensure supply of required number of safety appliances, work instructions, safety training, Qualified and experienced safety leaders, Qualified and Experienced welfare leaders etc.

45.3 The Contractor shall adopt adequate safety measure and use of protective clothing by

all the workmen at site whether or not engaged in actual execution of work or supervision thereof as per requirement. The Contractor shall ensure that the workmen on site use safety belts, gloves, helmets, masks, etc. as are necessary for their safety.

45.4 The Contractor shall be responsible for safety arrangements of all equipment used in

connection with the execution of the work and shall ensure deployment of only trained operators to man the equipment. Only tested equipment, tools, wires, ropes, etc. shall be used and shall periodically be tested to the satisfaction of the Employer. All test certificate shall be made available to the Employer at site as and when required by him.

45.5 The Contractor shall, in connection with the execution of the work, ensure provision and

maintenance at his own cost all lights, guards, fencing with gates and watching when and where necessary or required by the client or by any duly constituted authority for the protection of work and/or for the safety and convenience of the public or others.


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45.6 The Contractor shall take adequate safety precautions for prevention of accidents at site. The Contractor shall also ensure that their employees/ workmen observe the statutory safety rules and regulations as also those laid down by the Employer from time to time.

45.7 Some of the immediate safety measures set for the Contractor /sub-contractor by

Employer are as under:

(a) Safer Work Platforms: Use strong and secured planks and boards of the fight sizes. Paint those at the edges brightly to warn workers. Put up barricades to prevent them for following. Make sure scaffolds are erected by trained scaffolders. Supervisions must inspect scaffolds once every week.

(b) Falling objects and debris: No loose materials which can fall down on work

platforms. Overhead shelters to minimize damage from falling objects. Strong nets to catch these objects or debris wherever necessary. Nets must envelop all sides of the work area if so feasible and necessary.

(c) Personal Safety equipment: Workers must wear approved safety helmets and

shoes. Safety belts are compulsory for those working in high altitude and places. These must be attached to strong anchorage points.

(d) Operating Construction Machinery: Make sure those doing this have been

trained for their jobs. Keys must be kept by authorised persons. Remove keys when nobody is using the machine or vehicle.

(e) Safer electrical installation : Use only approved types of electrical sockets and

plugs, proper insulators for all electrical wiring. Wiring must not be allowed to lie on the floor or the ground and should be away from inflammable objects. Only qualified, experienced and approved electricians/wireman/ Lineman should be engaged to do the work.

45.8 The Contractor shall provide at his cost necessary watch and ward force as may be

approved by the Employer to ensure security and safety of all buildings, structures, equipment and materials under their custody at the site of work.

45.9 The Contractor shall abide by all security regulations at site promulgated by the

Employer from time to time If required the Contractor shall provide identity badges to their personnel and workmen which must be properly displayed by them at site.

45.10 In order to facilitate issue of exit gate permits by the Employer for materials and

equipment either during execution or the defect liability period, the Contractor shall submit to the Employer list of construction/erection equipment etc. and/ or other materials that shall be taken by them inside the site from time to time. Such movement of materials, equipment, tools, tackles, etc. shall be subject to certification by the Employer.


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45.11 All erection bolts shall be retained in position after completion of works. In case the erection bolts are removed after completion of works, the holes shall be plug welded and no unfilled holes shall be left in any part of the structure.

45.12 The Contractor and his personnel/ workmen shall be subjected to security check by

Employer's own security force if engaged by the Employer for the over-all protection of the Project.

46.0 COMPLIANCE WITH STATUTORY LAWS/REGULATIONS (i) The Contractor shall be responsible for compliance with all the statutory

obligations of Government of India/State Government of Orissa & local statutory bodies, and for obtaining all statutory registration including clearances/permissions including but not limited to IBR / Pollution Control Board / Explosives / Railways / Electricity clearances as applicable in respect of execution of the Project.

(ii) Explosives shall not be used at the site by the Contractor. (iii) The Contractor shall give all notices and pay all fees, royalties, required to be

given or paid under any Central or State statute, ordinance or other law or any regulation or by-law of any local or other duly constituted authority including stamp duty fees, in relation to the execution of the Contract Work.

(iv) The Contractor shall conform in all respects with the provisions of any statute,

ordinance or laws as aforesaid and the rules, regulations or by-laws of any local or other duly constituted authority which may be applicable to the works or to any temporary works and with such rules and regulations of public bodies as aforesaid.

(v) If any new statutory regulation or law or modification of the existing regulation or law comes into force subsequent to the Effective Date of Contract, the Contractor shall comply with the same. However, if it calls for any modification of the works or any part thereof with financial implication, the same shall be discussed between the Contractor and Employer and mutually agreed.

(vi) Unless expressly specified and/or limited otherwise elsewhere in the Contract, the Contractor shall pay all tollage and other royalties, rent and other payments or compensation, if any, for materials required for the work or in connection therewith.

(vii) All operations necessary for the execution of the works and for the construction

of any temporary works in compliance with the requirements of the Contract, shall be carried out so as not to interfere unnecessarily or improperly with the public convenience or the access to use and occupation of public or private roads and footpaths or of properties whether in the possession of the Employer or any other person.


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(viii) The Contractor shall also be responsible and liable in the event of endangering

or causing any damage(s) to the public or private property including personnel thereof whether in the possession of the Employer or any other person by any of his and/or Partner Contractor(s)/his associates/ sub-contractor(s)/ sub-suppliers(s) act in any manner during the currency of the Contract.

(ix) The Contractor shall keep the Employer indemnified against all penalties and

liabilities of any kind for breach and/or infringement of any statute, ordinance, law, rule, regulation or by-law, by him and keep the Employer indemnified from any claim, demands, proceedings, damages, costs, charges and expenses, whatsoever arising out of or in relation to any matter as stipulated herein this Clause.

47.0 APPLICABLE LAW This Contract will be governed by Indian Laws. 48.0 LANGUAGE 48.1 The “Contract” as well as all correspondence and documents relating to the Contract

exchanged by the Contractor and the Employer, shall be written in the “English” language.

48.2 All documents, instructions, catalogues, brochures pamphlets, design data, norms and calculations, drawings, operation, maintenance and safety manuals, reports, labels, on deliveries and any other data shall be in the specified Language. However, all signboards required to indicate “Danger” and / or for Security / Safety at site and otherwise statutorily required shall be in “English”, “Oriya” & “Hindi” languages.

48.3 Supporting documents and printed literature that are part of the Contract or submitted

by the Contractor in terms of the Contract, may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified, in which case, for purposes of interpretation of the Contract, this translation shall govern. The Contractor shall bear all costs of translation to the governing language and all risks of the accuracy of such translation, for documents provided by the Contractor.

49.0 NOTICES 49.1 All notices under this Contract shall be given in writing and shall be deemed sufficiently

given when delivered either in person or by fax or by registered mail addressed to the other party at its address set forth in the Contract agreement with a copy to the nominated representative at site.

49.2 If any such notice is delivered by hand, it shall be duly acknowledged and if given by fax

it shall be confirmed by Registered Letter within seven days of the date of such notice.


DUBURI, ORISSA


Either party shall by notice in writing inform the other party of any change of its address as stated under herein below for receiving such notices.

49.3 Date of notices under this Clause shall be the date of receipt of such notice by the

receiving party. The address of Employer and the Contractor are as specified in SCC. 50.0 SEVERABILITY The validity of the Contract shall not be affected, should one or more of its stipulations

be or become legally invalid and such stipulation is severable from and not fundamental to the obligations of either party to this Contract. In such a case, the parties shall negotiate in good faith to replace the invalid clause by an agreed stipulation which is in accordance with the applicable law and which shall be as close as possible to the parties’ original intent.

51.0 GENERAL No director or official or employee of the Employer shall in any way be personally bound

or liable for the acts or obligations of the Employer under the Contract or answerable for any default or omission in the observance or performance of any of the acts, matters or things or conditions which are herein contained.

52.0 GENERAL LIABILITY

The rights and obligations of the parties are finally and conclusively defined in this Contract. Claims for indirect, remote or consequential damages such as loss of production, loss of profit, loss of use are excluded.


DUBURI, ORISSA

Schedule – 2 (SCC) Page 1 of 4 Civil Works of Welfare Building in SMS

SCHEDULE – 2 : SPECIAL CONDITIONS OF CONTRACT


DUBURI, ORISSA


SPECIAL CONDITIONS OF CONTRACT (SCC) (The stipulations of Special Conditions of Contract as given herein below, shall be complementary to the provisions/stipulations of General Conditions of Contract (GCC), unless any stipulation of GCC is amended, modified, deleted or replaced by a stipulation of SCC.)

Sl. No. Reference of GCC Clause

As per SCC

1.0 1.25 Words “Bill of Quantities (BOQ)” & “Schedule of Quantities” are the one and same in its meaning and intent. Similarly words “Preamble to BOQ” & “Preamble to Schedule of Quantities” are one and the same in its meaning and intent.

2.0 2.7.1 The Purchaser shall issue Cement and reinforced steel free of cost as per stipulations of the Contract Specification (Schedule – 4 of the Contract). All other materials shall be arranged by the Contractor at his own cost. Other terms and conditions shall be read in conjunction with the Contract Specification (Schedule – 4 of the Contract). In case of conflict, the Purchaser/Consultant’s decision shall be final and binding.

3.0 2.7.2 This shall be read in conjunction with the Contract Specification (Schedule – 4 of the Contract). However in case of conflict, the stipulations of GCC shall prevail over the stipulations of Contract Specification.

4.0 4.1 Completion time under the Contract shall be as given hereunder: Six (06) months from the date of Letter of Award (LOA).

5.0 5.2 Add following para as second para to the Clause: “However the Contractor shall submit to the Purchaser all cenvatable documents for service tax and educational cess paid by him (Contractor) to the statutory authorities, if any, to enable the Purchaser to avail cenvat credits as applicable and available to him (Purchaser) under the rules of Govt. Of India, failing which the Purchaser shall be entitled to deduct the amount equivalent to applicable service tax and educational cess, from any payment and/or amount due to the Contractor under the Contract.”


DUBURI, ORISSA



As per SCC

6.0 5.12 Base date for considering statutory variation in taxes and Duties in terms of the contract shall be-------------------- [The last date of submission of final Price shall be inserted here.]

7.0 6.1 Payment Terms for Civil Works shall be as follows:- (i) 90% of the Contract price shall be paid on monthly

pro-rata basis subject to satisfactory progress of work and on certification of work by the Purchaser/Consultant and subject to followings:

(a) Progress payment bill shall be submitted by

the Contractor once in a month covering the work executed between first of the day and the last day of the month and the same shall be submitted within 7th day of the following month.

(b) All monthly progress bills shall be submitted

in approved proforma and duly approved by the Purchaser and supported by detailed measurement sheet of item of works and consumption statement of items issued by the Purchaser as “free issue items” under the Contract.

(c) The Contractor shall also submit along with their monthly invoice, documentary evidence to the effect that the Contractor has deposited ESI & EPF for his workers.

(d) The release of payment against Contractor’s progress payment bills shall be effected within a reasonable period which shall not exceed one (1) month from the date of submission of correct, clear & complete bills and documents.

(iii) 10% of the Contract price shall be paid on issue of

completion certificate by the Purchaser under the Contract and against submission of pre-receipted invoice and a bank guarantee for an amount equivalent to 10 % of the Total Contract price towards performance (valid till defect liability period) in terms of the Contract.

Note: All payments shall be released as per above, subject to stipulations of GCC.


DUBURI, ORISSA



As per SCC

8.0 8.0 Tender Specification for construction of Welfare Building in SMS area inside NINL Premises included under Schedule – 4 of the Contract shall also form part of the Contract for all purposes. However, in case of conflict between GCC (Schedule – 1) and Contract Specification (Schedule – 4), the Purchaser/Consultant’s decision shall be final and binding.

9.0 10.0 GCC remains unchanged.

10.0 15.8 Not applicable for this Contract.

11.0 16.6/16.11 No special conditions are attached with these Clauses.

12.0 18..0 This shall be read in conjunction with Contract Specification (Schedule – 4 of the Contract).

13.0 24.0 This shall be read in conjunction with Contract Specification (Schedule – 4 of the Contract).

14.0 49.3 The Address of Purchaser’s & Contractor’s for the purpose of Notices shall be as specified in Article – 10 of Contract Agreement.


DUBURI, ORISSA

Sch – 3 : Price Schedule-Cum-BOQ. Civil Works of Welfare Building in SMS

SCHEDULE - 3 : PRICE SCHEDULE

(A)

SL. No.

ITEM NO

ITEM DESCRIPTION UNIT QNTY RATE AMOUNT

1 EW-1 Earthwork in excavation of foundationsfor buildings, equipments, structures,channels, tunnels, trenches, drains, pits,wells, manholes, chambers, pavements,basements, culverts, ponds & reservoirsetc. in all kinds of soil, soft rock andlaterite rock (including soft / weathered /decomposed rock but excluding hard rock requireing chiselling / blasting) upto 1.5 Mdepth and including all lifts, in both wetand dry conditions, dewatering of surfaceand subsurface water, shoring, plankingand strutting (if required) includingbackfilling with the suitable excavatedearth and compacting in layers of 15 cmas directed with watering, ramming andcompacting throughly each layer aroundfoundations, structures, plinth floor etc.including disposal / stacking of surplusexcavated soil etc. within a lead of 100 mas per specifications & direction of theengineer.

(The measurement for payment shall befor the theoretical excavation volume onlyas per drawing i.e. for the volume of theblock of the excavation having the depthand maximum bottom dimensions of thefoundation / structures as per drawingafter deducting corresponding quantity ofhard rock if any paid separately underrespective items. The contractor shalltake into account in his rate the provisionfor any excess excavation for necessaryworking space, steps, sloping etc.required for excavation safety and otherallied works and refilling the side slopes /working spece etc.)

CUM 460.00

2 EW-2 Same as per item EW-1 above, but fordepth greater than 1.5 M upto 3.00 M(Payment upto 1.5 M depth shall be madeunder item EW-1)

CUM 330.00

3 EW-3 Same as per Item EW-1 above, but fordepth greater than 3.00 M upto 5.00 M(Payment upto 3.00 M depth shall bemade under Items EW-1 & EW-2)

CUM 160.00

PRICE SCHEDULE-CUM-BILL OF QUANTITIES (BOQ) FOR CIVIL WORKS ALONGWITH ELECTRICS FOR WELFARE BUILDING IN SMS AREA OF NINL

CIVIL WORKS.

Sch.-3 - Price Schedule-Cum-BOQ 1 of 22 Civil Works of Welfare Building in SMS Area.

4 EW-13 Earthwork in excavation in cutting andfilling for site levelling and grading in allkinds of soil (excluding hard rockrequireing blasting / chiselling) and indebris at all depths, in both dry and wetconditions, including dewatering ofsurface or sub-surface water,transportation and filling the approvedexcavated earth in layers not exceeding30 cms including breaking clots andconsolidating (to achieve minimum drydensity of 1.75 gm / cc whereverrequired)the same, stacking,transportation and disposal of surplus orunserviceable excavated soil, and debrisetc. upto a lead of 2 Km (Both for fillingand disposal) at engineer includinglevelling, dressing or stacking the sameas directed, with all bye works completeas per specification. (Payment shall bemade for cutting portion only afterdeducting corresponding quantity of hardrock, if any, paid separately underrespective item)

CUM 80.00

5 EW-14 Filling in all positions in layers of 15 cmincluding watering, ramming andcompacting thoroughly each layer, at allheights and depths, in foundation pits,trenches, sewer lines, tunnels, aroundfoundations and structures, under floorsand any other locations with approvedborrowed earth including excavation at alldepths and heights, transporting, loading,unloading, depositing, dressing, levelling,watering and compacting etc. completewith all byeworks as per drawing,specification and as directed by theengineer.b) Surplus stacked earth / spoil heapsupto a lead of 2 Km.

Cum 50.00

6 EW-15 Transportation, carriage and disposal ofsurplus excavated earth, rock, debris,rubbish and unserviceable waste etc.beyond initial lead including loading,unloading, stacking, levelling, dressingetc. with all byeworks complete as perspecification and instruction of theengineer.e) Upto a lead of 3 to 4 Km. Cum 820.00


7 EW-16 Supplying and filling approved qualitysand in authorised locations infoundations, under floors, trenches andother places, at all lead, depth, lift andlocations including shuttering (if required),watering and ramming or flooding withwater, with all byeworks complete as perdrawing, specification and instruction ofthe engineer.

Cum 100.00

8 EW-7 Earth work in excavation in cutting andfilling for site levelling and grading in hardlaterite requireing blasting / chisselling atall depths, in both dry and wet conditions,including dewatering of surface or sub-surface water, transportation and fillingthe approved excavated earth in layersnot exceeding 30 cms including breakingclots and consolidating (to achieveminimum dry density of 1.75 gm / ccwherever required) the same stacking,transportation and disposal of surplus orunserviceable excavated soil, and debris,etc. upto a lead of 2 Km (Both for fillingand disposal) at locations as indicated bythe engineer including levelling, dressingor stacking the same as directed, with allbye works complete as per specification(Payment shall be made for cuttingportion only)

Cum 10.00

9 AT-1 Providing and injecting with approvedquality chemical emulsion for pre-constructional antitermite treatment andcreating a chemical barrier usingchemical as specified in IS:6313-1981part I to III under and around the columnpits, foundation, well trenches, plinthfilling, junctions of wall and floor,expansion joints, surrounding of pipes,conduits etc., along the perimeter of thebuilding and all wood work in ground floorincluding all byeworks complete as perspecification and direction of Engineer.(Only ground floor plinth area of thebuilding will be measured. However,areas requiring treatment and notmeasured in plinth area shall bemeasured for the areas actually treatedfor payment purposes).[Work to be executed by M/s Pest Control(India) or any other approved agency andspecified guarantee for 10 (ten) yearsshall be given]

SQM 257.00


10 CC - 1 Supplying and laying plain cementconcrete of Grade M-5 with stoneaggregate of 40 mm and down size(including formwork if required), in alllevelling courses, in foundations, footings,pipelines, pits, sumps, manholes,basements, tunnels, drains, culverts,chambers, channels, retaining walls,including mass concrete etc at all heights& depths with all byeworks complete asper drawing, specification and instructionof the engineer.

CUM 50.00

11 CC-2 Same as Item No. CC-1, but with concrete of grade M-10 ith stone aggregate 20 mm and down size.

CUM 25.00

12 CC - 3 Same as Item No. CC-1, but withconcrete of grade M-15 with stoneaggregate 20mm and down size

CUM 25.00

13 CC-4 Supplying and laying of reinforced cementconcrete of grade M-25 with stoneaggregate 12 mm and down (includingframework but excluding reinforcement)at all levels and of all shapes in chajjas,sills, fins, facia, bands, railings, kerbs,balustrades, parapets, louvers, spouts,shelves, worktable, mantle piece,copings,cornices, mouldings, stringoversailing courses, posts, struts andsimilar members with all byeworkscomplete as per drawing, specificationand instruction of the engineer

CUM 30.00

14 CC - 5 Supplying and laying of reinforced cementconcrete of grade M-25 with stoneaggregate 20 mm and down (excludingformwork and reinforcement) in all typesof foundations, footings, retaining walls,equipment foundations, tunnels, slabs,beams, rafts, walls, steps, cantilevers,columns, ducts, tanks, bunkers, hoppers,pipes (cast in situ), staircases, drains, pitsand any other similar structure at alldepths and heights with all byeworkscomplete as per drawings, specificationsand instruction of the Engineer.

CUM 350.00

15 CC - 10 Providing and mixing admixture ofapproved brand, like plasticisers,retarding agents, accelerating agents etc.to be mixed with cement concrete ifdirected by the engineer or shown in thedrawing and strictly as per manufacturer'sspecification.

KG 100.00


16 CC - 11 Supplying and mixing in concrete ormortar, approved water proofingcompound CICO No. 1 or equivalent ifdirected by the engineer or shown in thedrawing and strictly as per manufacturer'sspecification.

KG 100.00

17 CC-18 Supplying and laying plain cementconcrete / reinforced cement concretefloor of following grade with stoneaggregate 20 mm down graded laiddirectly over sand or earth / sub-base(including shuttering wherever requiredbut excluding reinforcement), laid inpanels, if required, with all byeworkscomplete as per drawings, specificationsand instruction of the engineer.

b) Concrete Grade M - 25 Cum 52.0018 CC - 19 Providing and fixing all types and shapes

of shuttering, centering, strutting andpropping firmly with screws, bolts,separators, tension devices, true to lineand level including stripping off the samefrom positions for RCC works at alldepths and heights with all byeworkscomplete as per drawing, specificationand instruction of the engineer.a) In all types of foundations, footings,retaining walls, equipment foundations,rafts, walls, basements, tunnels, floors,columns, buttresses, ducts, lintels,trenches, tanks, cantilevers, beams,brackets, slabs, staircases, drains,manholes, coffered / Grid Slabs and anyother similar type of works bothunderground and in superstructure upto10 m level.

Sq. m 2200.00

19 CC - 20 Fabricating and fixing in position steelreinforcement at all levels and positionsincluding transportation from purchaser'sstore, straightening cranking, binding,welding with slice plate / angle (spliceplate / Angle to be supplied by theContractor) as per drawings andspecifications, including cost of bindingwire labour etc., all complete, forreinforced concrete and reinforced brickwork and any other place as specified.(Payment will be made on the basis ofstandard weight per metre length of thebar.)b) High yield strength deformed steelbars

Tonne 70.00


20 CC -22 Supplying, fabricating and fixing MildSteel inserts like plates, angles, lugs,rods, flats, channels, pipe sleeves,conduit pipes, pipes, pipe specials etc. inconcrete and masonry, at all levels andpositions, including painting the exposedsurface with 2 coats of approved qualitypaint over and including a coat of primer,welding wherever necessary, complete asper drawing and specification and as perinstruction of the engineer (jigs andfixtures will not be paid separately) andprotecting the same till final erection.

Tonne 0.10

21 CC - 23 Providing and laying plain cementconcrete grade M-15 using 20 mm downstone aggregate in aprons, pavementsetc. including finishing the top withadditional cement mortar (1:4) average15 mm thick and neat cement finishing(Plain or chequered) and preparation ofthe base to the required slope (shutteringinclusive if required) as per drawing andspecification and as instructed by theEngineer. (Depth to be measured shall beinclusive of top finish)

CUM 10.00

22 CC - 24 Manufacturing, supplying and erectingprecast RCC Members / Structures ofdifferent types including insitu concreting /grouting / fixing in position by welding orother means to lines and levels andaccuracies complete as shown in thedrawings and as directed by the engineer,with concrete grade M-20 using stoneaggregate of 20 mm and down gradedincluding smooth finishing requiring nofurther rendering, and cost of shutteringbut excluding cost of inserts andreinforcements.a) At all depths and heights upto 0.5 mlevel, weight of individual element upto0.20 tonne.

Cum 8.00

23 MN - 1 Providing brickwork in cement mortar offollowing proportions in all types offoundations, ducts, drains, manholes,plinth etc. and at any location, of circular,curved or any shape including mouldingsand cut works at all leads, and depths,curing, scaffolding complete with allbyeworks as per drawing, specificationand instructions of the engineer, withbricks of approved quality and classdesignation 5.a) With 1:6 cement mortar (1 Cement : 6Sand)

Cu.m 50.00


24 MN - 2 Providing brickwork in cement mortar offollowing proportions in superstructure inall types of walls, pillars, abutments,bands, projections, parapets, ornamentalcornices, and reinforced brickwork(excluding the cost of the reinforcementitems) and at any other locations ofcircular, curved or any shape includingmoulding and cutwork at all leads andheights, curing, scaffolding complete withall byeworks as per drawing, specificationand instructions of the engineer, withbricks of approved quality and of classdesignation 5.

a) With 1:6 cement mortar ( 1 cement :6 sand)

Cu.m 150.00

25 MN - 3 Providing brickwork of half-brickthickness in cement mortar of followingproportion in all types of foundations,walls, pillars, abutments, ducts,manholes, drains (vertical and inclinedsides), projections, railings, parapets,fins, bands, copings, oversailing course,facias, ornamental cornices, string courseetc. and at any other location, of circular,curved or any shape, at all leads, depthsand heights including mouldings,cutworks and reinforced brickwork(excluding the cost of the reinforcementwhich shall be paid separately underreinforcement item), curing, scaffoldingcomplete with all byeworks as perdrawing, specification and instructions ofthe engineer, with bricks of approvedquality and class designation 5.

a) with 1:4 cement mortar (1 cement : 4sand)

Sq.m 850.00

b)Same as above but with brick on edgeand cement mortar1:3(1cement:3sand)

Sq.m 20.00

26 FN-1 15 mm thick cement plaster in one layeron faces of walls, pillars, projection,bands, cornices, fins, sills etc. includingraking out joints, if any left out, necessarydabbing, curing, scaffolding complete atall heights and depths as per specificationand drawings:a) With 1:6 Cement Mortar (1 Cement :6 Sand)

Sq.m. 2100.00

b)With 1:6 Cement Mortar(1 Cement:6Sand) using chicken mess wire at joints.

Sq.m. 200.00


27 FN-3 20 mm thick cement plaster in 2 layersover brick work / laterite masonry work(under layer 12 mm thick in cementmortar 1:5 finished with top mortar 1:6)on faces of walls, pillars, projections etc.at all locations including raking out joints,necessary dabbing, curing, scaffoldingcomplete at all heights and depths as perdrawing and specifications.

Sq.m. 800.00

28 FN-4 6 mm thick cement plaster to ceiling ofslab, chajja, bands, sills, beams,columns, channels, loft slabs, staircases,fins, parapets and any other location withdrip course wherever required with all bye-works, dabbing, curing, scaffoldingcomplete at all heights and depths as perdrawing and specification.

a) With 1:4 Cement Mortar (1 Cement :4 Sand)

Sq.m. 600.00

29 FN-5 Approved quality cement putty punning1.5 mm thick over plastered surfaces withapproved quality at all heights andlocations including preparation of base,curing, scaffolding with all byeworkscomplete as per specification andinstruction of the engineer.

Sq.m. 2300.00

30 FN-6 White washing three coats with approvedquality lime at all heights and locationswith all byeworks complete as perspecifications and instruction of theengineer

Sq.m.

31 Providing and applying water proofweather coat paint Buger/Asian/ Nerolacor equivelent of approved shade, threecoats including a priming coat oversurfaces, at all heights and locations withall byeworks complete as permanufacturer's specification and directionof the engineer

Sq.m. 800.00

32 FN-8 Providing and applying two coats ofpainting on wood work or steel work at alllocations with synthetic enamel paint ofapproved quality and shade over andincluding a priming coat with all byeworkscomplete as per specification anddirection of the engineer.

Sq.m. 350.00

33 FN-9 Providing and applying two coats ofsynthetic washable distemper ofapproved quality and shade at alllocations over and including a coat ofapproved cement primer over wallsurface, ceiling etc. including preparationof base complete with all byeworks as perstandard practice, specification anddirection of the engineer

Sq.m. 600.00


34 FN-10 Providing and applying two coats ofAcrylic plastic emulsion paint of approvedlocations over and including a primingcoat with approved quality cement primerover wall surface, ceiling etc. includingpreparation of surface complete with allbyeworks as per standard practice,specification and direction of theengineer.

Sq.m. 1700.00

35 FN-11 Neat cement finish to concrete orplastered surface at 2.0 Kg of cement perSq.m. surface with all byeworks as perspecification, with all lead and liftcomplete.

Sq.m. 110.00

36 FL-1 Providing hard core with hard stoneboulders including laying, packing, filling,interstices, with good quality spalls, dryand wet consolidation with mechanicalmeans, blinding with good quality earth(cost inclusive) with all byeworkscomplete for hard core upto 300 mmthick, below floors, pavements, storageyards and any other locations as perspecification and instruction of theengineer (consolidated thickness will bepaid).

Cu.m. 65.00

37 FL-2 Providing and laying cement concrete ofspecified thickness, of concrete grade M-20 with stone aggregate of 20 mm anddown graded, laid in panels if required,with smooth integral finish at floorsresting on ground, steps, screed on roofs,floors, pavements etc., at all levels andlocations, with all byeworks complete asper drawing, specification and direction ofthe engineer (The chequered finish andformwork if required shall be inclusive).

Cu.m. 25.00

38 FL-3 Providing and laying 40 mm thick greyartificial stone flooring laid in panels at alllocation and heights including steps,nosing, landing slab etc. consisting ofplain cement concrete 1:2:4 base (underbed) 30 mm thick (1 cement, 2 coarsesand, 4 stone chips, 12 mm and downand topping 10 mm thick (net) of mix1:1:1 (1 cement : 1 medium sand : 1 finestone dust upto 6 mm size) and finishedsmooth with trowelling supplying andfixing glass strips 3 mm thick upto 40 mmdeep, complete with all byeworks as perspecification, drawing (chequering in floorfinish inclusive if required) and asdirected by the engineer.

Sq.m.


39 Providing and laying 10 mm thick vitreoustile skirting or dado on walls, risers orsteps or any other vertical surfaces at anylevels and locations consisting of 15 mmthick back coat of cement mortar 1:3 (1cement : 3 sand) in dado, complete withall byeworks as per specification anddirection of the engineer.

Sq.m. 150.00

40 Providing and laying 20mm Kota stone infloor, skirting or dado on walls, risers orsteps or any other vertical surfaces at anylevels and locations consisting of 15 mmthick back coat of cement mortar 1:3 (1cement : 3 sand) in dado, complete withall byeworks as per specification anddirection of the engineer.

Sq.m. 100.00

41 FL-10 Providing 5 mm thick white glazed tiles offirst quality and approved size on flooring,skirting, dado and other places at alllevels and locations as shown in drawingslaid over and including 12 mm thickcement mortar bed or back coat ofcement mortar 1:3 (1 cement : 3 sand)with joints filled with white cement,complete with white cement, completewith all byeworks as per direction of theengineer, specification and drawing. (Thetiles of Johnson / Somany make to beused)

Sq.m. 120.00

42 Providing and laying 10 mm thick"SPARTEK"/ Johnson / Regency orequivalent matt finish vitreous tiles ofapproved quality, shade and design at alllevels and heights as shown in drawing,laid over and including 12 mm thickmortar bed or back coat sand) with jointsfilled with white cement and pigmentmixed in proportion to match the shade ofthe tiles including curing, complete with all byeworks as per manufacturersspecification and direction of theengineer.

Sq.m. 460.00

43 FL-12 Providing and fixing homogeneouspolyvinyle chloride sheet/tile 2mm thick inflooring and skirting in approved patternon a smooth and damp proof base usingrubber based adhesives of approvedquality and manufacturer like DUNLOP-758.Fevicol RS-998 or equvalentincluding rolling with light wooden rollerweighing about 5kg all complete asdirected by Engineer-in-charge inapproved colour and shade.

Sq.m.


44 WW-3 Supplying and fixing 35 mm thick bothfaces commercial finish solid core flushdoor shutters bonded with Phenolformaldehyde, hot pressed, conforming toIS:2202-1983 and from approvedmanufacturer, of standard / non-standardsizes, single or double hung, for doors,wardrobes and cupboard etc. with allbyeworks complete as per specificationand instruction of Engineer, at alllocations with necessary anodisedaluminium fittings as per schedule offittings in preamble and painting twocoats with approved synthetic /polyurethane enamel paint overandincluding a coat of approved primer.

Sq.m. 57.00

45 WW-5 Supplying and fixing exposed typehydraulic door closer conforming to ISspecification of approved manufacturer,fixing with cadmium plated M.S. Screws,complete with all bye-works as perspecification, drawing and instructions ofthe Engineer.

Each 28.00

46 ST-3 Providing and fixing in position includinggrouting / welding, steel doors consistingof steel plate single walled, hinged type,fully plated door on frames with or withoutservice door, necessarybolting device,locking arrangements, handles, thresholdetc. including painting with two coats ofapproved colour and quality of syntheticenamel paint over and including a primercoat complete with all byeworks as perdrawings, specification and direction ofthe engineer.

Kg. 200.00

47 Fixed aluminium Glazed windows &ventilators as per drawing/specification asissued by competent authority etccomplete.The ececution of work shall beas per direction and instruction ofEngineer in charge

Sqm 35.00

48 ST-5 Supplying and fixing in position as perdrawings, fan hooks including painting ofexposed portion with two coats ofsynthetic enamel paint over and includinga coat of primer complete as perspecification and direction of theengineer.

Kg. 40.00


49 Supplying and fixing including welding /grouting steel grills consisting of M.S.angle frames, flats, rounds and othersections with all joints welded, necessaryfixing of lugs with grouting or welding orboth as required and painting with twocoats of approved synthetic enamel paintover and including apriming coatcomplete with all byeworks as perdrawings, specification and direction ofthe engineer.

Kg. 3000.00

50 ST-10 Supplying and fixing of rolloing shutters ofapproved make made of M.S. Lathsinterlocked together at the end by thelocks, mounted on specially designedpipe shaft with brackets, side guides andarrangements for inside and outsidelocking, with push and pull operationincluding cost of top cover (1.25 mmthick), spring and other necessary fixturescomplete, with two coats of syntheticenamel paint over and including a primercoat, making chases in wall / floor andgrouting the clamps in PCC 1:2:4 orwelded to inserts complete with allbyeworks as per specifications andinstruction of the engineer (Partial grillsand special stiffening members shall beprovided wherever necessary) with

a) Hand operated with ball bearingarrangements using 80x1.25 mm thickM.S. Laths.

Sqm 9.00

b) Extra over Item No. ST-10 (a) abovefor providing mechanical device chain &crank for operation.

Sqm 9.00

51 ST-11 Supplying and welding M.S. flat / squarebar to steel windows or ventilator as perrequired pattern and shape, including twocoats of synthetic enamel paint over andincluding a coat of primer, with allbyeworks complete as per drawing andspecification.

Kg

52 ST-12 Providing and fixing M.S. holdfasts todoors, windows and ventilators etc. withiron screws including jamming the samein PCC 1:2:4 at all levels and heightscomplete with all byeworks as perspecification, drawing & direction of theengineer.a) 225X38X3 MM (Length is overall) Each 1b) 150 x 38 x3 mm (length is overall) Each 1


53 ST-13 Providing and fixing in position airtightglazed anodised aluminium door/windowshutter or "INDAL" or any other approvedmake with standard extruded sectionsand with 5.5mm thick clear glass ofapproved quality fixed with standardglazing beads outside and inside, toopening in anodised aluminium partitions/ frames and providing and fixing allstandard fittings such as handles, locks,bolts, push plates, rubber gaskets etc asper drawings and manufacturer'sspecification.a) Single shutter with single actionspring (With Frosted Glass (Partly Fixed)

Sqm 15.00

b) Double shutter with single actionspring on both the shutters(Slidingwindow)

Sqm 75.00

54 ST-17 Supplying and fixing pressed steel framesmanufactured from commercial steelsheet 1.25 mm thick and electrically flashbutt welded at the corners, for doorsincluding hinges, lock jambs beads, braceties adjustable lugs, jammed in PCC1:2:4 to each jamb, mortar guards, lockstrike plate, shock absorbers includingshop primer coat, all fixtures and fittingsin position with grout fill of cement mortar1:6 (1 Cement : 6 sand) all complete asper IS:4351-1976, specification andinstruction of the Engineer.

b) For 125 mm profile - B RM 145.0055 ST-18 Providing and fixing mild steel / tor steel

ties (reinforcement) to brickwork (to bepaid if not covered in the relevant item ofbrick work) complete with all byeworks asper specification and direction of theengineer.

Kg. 500.00

56 SW-1 Supply, fitting and fixing white glazedvitreous china wash basin of superiorquality, size 55cm x 40cm, (HSW No.10.001) or approved equivalent make ofnearest size, with provision of havingsingle or double holes, 32 mm CP brasswaste fittings, 15 mm CP brass pillar tap,CP brass chain and plug, 15 mm PVCconnection pipe with CP brass coupling,painted metallic brackets and 15 mmPVC connection pipe with CP brass stopcock all of approved quality complete withall byeworks as per specification andinstruction of the engineer.

Each 5.00


57 SW-2 Providing and fixing white glazed vitreouschina pedestal type water closest (EWC)of superior quality size 40 cm, high (HSWNo. 20.007) or approved equivalent makeof nearest size, double trap syphonicpattern, with integral with "P" or "S" trap,cistern with cover (HSW No. 21.004) orapproved equivalent make capacity withsuperior quality ceramic syphon (HSWNo. 21.005) and internal fittings completeNo. 22.002 or equivalent approved make,white solid plastic cover and lid ofsuperior and approved quality, CP brassbar hinges, screws, bolts, rubber andstainless steel washers, rubber buffers,15 mm dia CP inlet water pipeconnection, with concealed, 15 mm diaCP brass stop cock, as per GEM Cat. No.1022 or approved equivalent make fixingEWC to floor with all byeworks allcomplete as per specification anddirection of the engineer.

Each 7.00

58 SW-3 Providing and fixing white glazed vitreousChina flat back, front lipped standingurinal size 61 x 40 x 38 cm of superiorquality (HSW No. 60.002) or approvedequivalent make of nearest size in rangeas indicated below with automatic cistern(HSW No. 61.002/EID Parry No. 31901)with accessories or equivalent approvedmake with concealed CI wall hangers andbracket for automatic cistern, etc., 15 mmdia CP brass stop cock as per GEM Cat.No. 1022 or equivalent approved make,standard size CP brass flush pipe,spreaders with unions and clamp (all CPbrass) with 15 mm dia PVC connectionpipe with CP brass coupling joint at bothends, with 32 mm dia PVC waste pipewith CP brass coupling upto floor, with allbyeworks as per specification anddirection of the engineer (Partitionexcluded).

a) In range of two with 10 Ltrs capacitycistern

Per Set

2.00

59 SW-4 Providing and fixing half round whiteglazed channels of superior quality 100mm size set in cement mortar 1:3 (1Cement : 3 Sand) and joints finished withwhite cement, with all byeworks completeas per specification and direction of theengineer.

R.M. 10.00


60 SW-5 Providing and fixing 5.5 mm thickpolished glass (with bevelled edge) mirror"Atul/Golden Fish" or approved equivalentmake, with 6 mm thick asbestos sheetbacking including fixing to wall by meansof wooden plug with CP brass screws,washers over rubber washers completewith all byeworks as per specification anddirection of the engineer.

a) 600 x 450 mm size Each 9.0061 SW-6 Providing and fixing 5 mm thick glass

shelf with CP brass brackets and hingedguard rail of approved quality fixed towooden plugs with CP brass screw, allbyeworks complete as per specificationand direction of the engineer.a) 600 x 120 mm Each 9.00

62 SW-7 Providing and fixing CP brass tilting typeliquid soap contasiner of approved qualityfixed on wooden plugs with CP brassscrew complete with all byeworkscomplete as per specifications anddirection of the Engineer.

Each 9.00

63 SW-8 Providing and fixing recessed toilet paperholder of white glazed vitreous China ofsuperior quality (HSW No. 40.051) orapproved equivalent of nearest size withall byeworks complete as perspecification and directions of theEngineer.

Each 9.00

64 Providing and fixing PVC fittings andaccessories for soil and waste pipeincluding repairing and make good tochase cutiing, etc complete as perspecification and direction of theengineer.a) Floor trap (Bell Mouth) trap (100 mmx 75 mm) with CP iron grating andextension piece upto 30 mm.

Each 18.00

b) nahani trap (165 mm x 75 mm) withCP iron grating with extension piece upto300 mm depth, if required.

Each 18.00

65 SW-10 Providing and fixing SW gullley trap 150 x100 mm size, square mouth, grade A withCI grating 150 x 150 mm with water tightframe, conforming to IS : 651 - 1992,complete with all byeworks as perspecification and direction of theengineer.

Each 18.00


66 Providing and fixing and / or laying PVCand socket soil, waste and ventilatingpipes with necessary fittings andaccessories e.g. bends, single and / ordouble, equal / unequal branches ofrequired degrees with or without ovalaccess door, offsets of requiredprojection, heel rest bend, invertedbranch of required degree, traps (P or S),wire ballons etc. and bearing I.S. mark,fixing with CI holder bats, embedded inand including cement concrete block 100x 100 x 100 mm of 1:2:4 (1 cement, 2coarse sand, 4 stone chips 12 mm anddown) including cost of cutting holes andmaking good the walls including leadjointing 25 mm deep etc complete as perthe direction of the Engineer -in - charge.

a) 150 mm dia RM 80.00b) 110 mm dia RM 100.00

67 SW-13 Supplying, fitting & fixing superior qualitybearing ISI mark brass gun metal wheelvalve (full way) with all byeworkscomplete as per specification anddirection of the engineer.a) 50 mm dia nominal bore No 2.00c) 32 mm dia nominal bore No 2.00d) 25 mm dia nominal bore No 2.00

68 SW-14 Providing and fixing 15 mm dia sand castC.P. brass bib cock of superior quality(weighing minimum 400 gms) polishedbright with screwed male / female endsrespectively conforming to IS with allbyeworks complete as per specificationand direction of the engineer

Each 18.00

69 SW-15 Providing and fixing 15 mm dia sand castC.P. brass stop cock of superior quality(weighing minimum 400 gms) polishedbright withscrewed male / female endsrespectively.

Each 18.00

70 SW-16 Providing and fixing 15 x 80 mm CPshower with revolving joint (ESSCO makeModel ES-540) or approved equivalentmake complete with all byeworks as perspecifications and instructions of theEngineer.

Each 9.00


71 SW-17 Providing and fixing water storage tank,black in colour closed top with manholecover, vertical cylindrical or horizontalcylindrical type of approved design"SINTEX" manufactured by M/s SinterPlast Containers or approved equivalentmake with G.I. fittings for inlet, outlet,overflow, scour, float valve connection,including connections and hoisting/ fixingthe same tank on roof and other places,at all heights with all byeworks completeas per manufacturer's specifications anddirection of the Engineer.(Support for tank like brickwork/RCC/ PCC etc. will be paidunder relevant Item).

a) Series SCCWS Cylindrical verticaltank with closed top.iii) 1000 litres capacity (Code No.CCWS100.01)

Each 2.00

72 SW-19 Providing and fixing 38 mm dia CP brassdome type perforated waste for urinalwith CP brass union complete as perdirections of the engineer.

Each 4.00

73 providing, fitting and fixing and / or layingGI waste pipe of medium quality (* Bclass) conforming to IS: 1239 (Part-I) -1990 of approved make bearing IS markwith all necessary fittings, clamps etc.conforming to IS : 1239 (Part-II) - 1992including concealing in walls / floorswhere required, connection to CP wastetail or CP bottle trap of wash basin / sink /washing trap and urinal range, cuttingholes / chases in walls and making goodthe same, painting two coats over andincluding a coat of primer of approvedcolour, and shade synthetic enamel / anti-corrosive paint complete as perspecifications and direction of theengineer.a) 15 mm dia RM 30.00b) 20 mm dia RM 30.00c) 25 mm dia RM 50.00d) 32 mm dia RM 50.00e) 40 mm dia RM 50.00e) 50 mm dia RM 50.00


74 SW-23 Providing and fixing vitreous ChinawhiteglazedIndian type water closet ofsuperior quality size 58 cm, front andback inlet (HSW No. 20.003) back inlet(HSW No. 20.003) or approvedequivalent make of nearest size with "P"or "S" trap (No. 21.003) with or withoutvent horn, foot rests 25cm x 12.5 cm,Duco painted high level cast iron cisternof 10 litres capacity with ISI markconforming to IS : 774 - 1984 with allaccessories chain with handle, PVC flushpipe 32/40 mm dia and 15 mm dia PVCinlet water connection with brass stopcock complete with all byeworks as perspecification and instruction of theEngineer

Each 2.00

75 Providing and fixing 600x450x200 mmsize fireclay sink of approved quality withnecessary wire mesh reinforecement.38mm CP waste fitting, overflowarrangement, CP brass chain and rubberplug, 38 mm PVC waste pipe with C.P.brass couplings, including paintedmetallic brackets of approved qualitycomplete with all byeworks as perspecification and instruction of theengineer.

Each 1.00

76 SW-24 Providing and fixing 800x16 mm anodised aluminium solid type towel rail withbrackets of approved quality fixed onwooden plugs with CP brass screws withall byeworks complete as perspecifications and direction of theEngineer.

Each 9.00

77 Making soak pits 2.0 m dia deep withcentral sand filling .45 m dia, dry bricklining 375 mm thick with honey combaround sand filling, top 500 mm bricklining shall be with cement sand mortar1:6, outer area to be filled with brick bats50 to 80 mm size. Top of soak pit shallbe covered with PCC M-10 150 mm thickwith central RCC precast slab cover of1200 mm dia with lifting hook including150 mm dia SW inlet pipe 1.8 m long allcomplete as per drg.

2.00

78 MS-2 Providing and laying building paper ofapproved quality at all locations (but notcovered in the respective items) with allbyeworks complete as per specificationand direction of the engineer.

Sq.m. 800.00


79 MS-5 Providing damp prrof course over plinthwith cement concrete Grade M-20 usingaggregate of 10 mm and down gradedand mixing approved waterproofadmixture with cement as permanufacturer's specification includingnecessary formwork / shuttering, onecoat of hot bitumen of Grade S-35/A-35over the top surface of damp prrof coarseand all necessary byeworks complete asper specification, drawing and as directedby the engineer.a) 40 mm thick Sq.m.

80 MS-16 Dismantling / demolishing concrete / brickwork / stone masonry or other structuresincluding disposal of the unserviceablematerials within a lead of 2 Km. Includingtransportation cost, labour and all otherbyeworks complete as per specificationand direction of the Engineer.

(b) RCC works including cutting of steelreinforcement as directed

Cu.m. 2.00

(c) Brick work in cement / lime mortarwith / without plastering including stackingof serviceable bricks as directed.

Cu.m. 2.00

81 Providing and fixing PVC rain water pipeincluding rain water receiving recess withPVC plug bend, necessary fittings suchas offsets shoes including fixing the pipeson wall with clips filling joint with solventcement including necessary runningscaffolding etc. complete as perspecification and instruction of theEngineer.b) 110 mm dia RM 40.00

82 MS-14 Supplying,drilling,installing andcommissioning deep bore wells in allkinds of soil,soft rock,hard rock etc.including un-plastisised PVC(UPVC),CSor CM class casing and ribbed screenpipes confirming to IS:12818-1992,approved matching submersiblepumps,motor,pumping shaft,filter mediawith pea gravel,perforation of pipe forfiltration,brass wire neting,sand,straineretc. all complete.The bore well shall becommissioned as per specified testprocedure with minium yield of 5cum perhour. Payment shall be made only forsuccessfully commissioned bore wells.


The work shall be carried out inaccordance with IS:2800 Part-1-1999 &Part-II-1979 (code of practice forconstruction and testing of tubewell.a)Depth of each bore well upto 100m

Each bore Well

1.00

83 Supplying & Erecting prefabricated C.I.spiral stair with spiral hand rail includingerecting,fixing,grouting complete in allrespect including connecting platform tothe building as per approval of Engineerin charge.The drawing/detail ofspecification shall be approved bycompetent authority prior to supply ofmaterial of spiral stair.(Rate shall beinclusive of non shrink grouting,supply &fixing of bolts,jigs,angles and all relatedmaterials and erection of stair casecomplete by all respect.)

MT 4.00

84 MS-21 Waterproofing treatment on roof of thebuilding by applying suitable approvedpolymer based water proofing compoundas per manufacture's specificationsincluding all byworks.(the total systemshould be approved by thepurchaser/purchasers consultant and thecontractor has to give 10yearsguareantee for the total water proofsystem.No separate payment will bemade for preparation of surface and anyother related works.Cement will besupplied by the purchaser as a free issuematerial,if required for the water proofingsystem measurement shall be made onsurface of the roof for the total waterproofing system)

Sqm 280.00

85 Supplying and installing vent pipe withcowl in septic tank(PVC of good quality)as per instruction and specifiocation ofEngineer in charge

No 1.00

86 Supplying,fitting & fixing of PVC doorframe in bathroom doors of approvedquality (duroplast,sintex or equivalent)Dimension - 50*60mm;of 2mm thick etccomplete as per direction of engineer.

RM 60.00

87 Supplying,fitting & fixing of PVC doorshutters in bathroom of approved quality(duroplast,sintex or equivalent)Dimension - 30*60,100*25 & thickness -General etc. complete as per direction ofengineer.

Sqm 20.00


88 Providing and laying 25mm thick machinecut and polished kota stone flooring ofapproved size,shape and quality infloors,steps and at other places as shownin the drawing at all levels and locationsover and including curing,final polishingand all byworks complete as perspecification and direction of theengineer.a)Over cement mortar bed1:4(1cement:4sand) joints filled andfinished with cement putty without or withpigment of matching colour.

Sqm 45.00

(B)

SL. NO.

UNIT QTY. RATE AMOUNT

1 SET 1

2 SET 2

3 No. 84

4 No. 21

5 No. 21

Sub-Total (A):

ITEM DESCRIPTION

SUPPLY OF FLOOR MOUNTED POWER DISTRIBUTION BOARD MADE OUT OF 16 SWG CRCA SHEET DULY PAINTED AND WIRED WITH REQUIRED SIZE COPPERFLEXIBLE WIRE WITH FOLLOWING SPECIFICATION. INCOMING:-630A SFU WITH HRC 3Ø-1N(MAKE:-SIEMENS,L&T) - 1 NO. BUSBAR:-ALUMINIUM(630 A CAPACITY) OUT GOING:-250 A SFU WITH HRC(MAKE:SIEMENS,L&T) - 3 NO.S INSTRUMENT:- VOLTMETER WITH SELECTOR SWITCH - 1 SET,INDICATING LAMP - 1 SET

SUPPLY OF WALL MOUNTED POWER DISTRIBUTION BOARD MADE OUT OF 16 SWG CRCA SHEET DULY PAINTED AND WIRED WITH REQUIRED SIZE COPPERFLEXIBLE WIRE WITH FOLLOWING SPECIFICATION. INCOMING:-250A SFU WITH HRC 3Ø-1N(MAKE:-SIEMENS,L&T) - 1 NO. BUSBAR:-ALUMINIUM(250 A CAPACITY) OUT GOING:-63 A SFU WITH HRC(MAKE:-SIEMENS,L&T) - 5 NO.S INSTRUMENT:- VOLTMETER WITH SELECTOR SWITCH - 1 SET,INDICATING LAMP -1 SETSURFACE/RECESS MOUNTING TWIN FLUORESCENT LAMP MIRROR OPTICS LUMINARIES(TUBE LIGHT)WITH ALL ACCESSORIES i.e. HANGING ROD,CLAMP ETC. MODEL NO:-BJCM 240/236/TCS 306 OR EQUIVALENT MODEL OF MAKE:-BAJAJ,PHILIPS,CG,HAVELLS

56'',DOUBLE BALL BEARING CEILING FAN MAKE:-BAJAJ/CG/POLAR/ORIENT

250 V,STEPPED ELECTRONICS REGULATOR MAKE:-ANCHOR

ELECTRICS


6 No. 5

7 No. 13

8 No. 309 No. 1610 No. 1111 No. 22

12 No. 118

13 No. 3014 No. 1115 No. 12

16 No. 12

17 No. 60

18 No.19 No. 2720 No. 4021 No. 10022 No. 120

23 COIL 22

24 COIL 12

25 COIL 5

26 COIL 8

27 COIL 228 SET 4

29 MTR. 50030 KG 531 LOT

Note: The Price quoted should be inclusive of all taxes and duties , however the detailed break-up should be given.

WALL MOUNTED FAN MAKE:-BAJAJ/CG/POLAR/ORIENTEXHAUST FAN MAKE:-BAJAJ/CG/POLAR/ORIENT32 A,250 V, DP SWITCH MAKE:-ANCHORTELEPHONE SOCKET MAKE:-ANCHORCALLING BELL SWITCH15/5 A COMBINED PLUG AND SWITCH MAKE:-ANCHOR 6 A,250 V, PIANO TYPE SWITCH MAKE:-ANCHOR6 A,250 V, 5 PIN PLUG MAKE:-ANCHORCALLING BELL SWITCHMCB BOARD FOR ONE 63A(DP)MCB & 5 no.s of 25A(DP)MCB63 A MCB,DOUBLE POLE MAKE:-C&S,STANDARD,L&T,HAVELLS25 A MCB,DOUBLE POLE MAKE:-C&S,STANDARD,L&T,HAVELLSGI BOARD WITH HYLUM COVER

25 MM SIZE PVC CONDUITCOPPER EARTH WIRE

(a)12 '' x 4 ''(b) 6'' X 4''(c) 4'' X 4''6 A,250 V,BAKELITE BASE & COVER CEILING ROSE. MAKE:-ANCHOR1.5 SQ.MM,1100 V GRADE,PVC INSULATED,SINGLE CORE COPPER WIRE MAKE:-FINOLEX/KDK/GEMSCABE/ANCHOR

2.5 SQ.MM,1100 V GRADE,PVC INSULATED,SINGLE CORE COPPER WIRE MAKE:-FINOLEX/KDK/GEMSCABE/ANCHOR

(Rupees ………………………………………………………………………………………… only)

ERECTION OF THE ABOVE ITEM INCLUDING SUPPLY OF MISCELLANEOUS ERECTION HARDWARES LIKE SCREWS,SLEEVES,PVC TAPES ETC.

Sub-Total (B)GRAND TOTAL [(A) + (B)]

6 SQ.MM,1100 V GRADE,PVC INSULATED,SINGLE CORE COPPER WIRE MAKE:-FINOLEX/KDK/GEMSCABE/ANCHOR8 SQ.MM,1100 V GRADE,PVC INSULATED,SINGLE CORE COPPER WIRE MAKE:-FINOLEX/KDK/GEMSCABE/ANCHOR

TELEPHONE CABLEEARTH PIT (WITH ALL EARTHING MATERIALS)



DUBURI, ORISSA

Sch – 4 : TS Page 1 of 2 Civil Works of Welfare Building in SMS

SCHEDULE - 4 : CONTRACT SPECIFICATION


DUBURI, ORISSA

Sch – 4 : TS Page 2 of 2 Civil Works of Welfare Building in SMS

Contract Specification / Tender Specification for Construction of Welfare Building in SMS Area inside NINL Premises (Schedule-4)

Sch. 4 (TS) Page 1 of 9 Civil works of Welfare Building in SMS

ANNEXURE-A

General Specifications

1.1 Scope This part deals with the requirements of materials for use in construction work with regard to quality, testing, approval and storage, before they are used on work. This part is supplementary to Part-II: workmanship and other requirements of the Technical Specifications for Civil works.

1.2 Standard A high standard of quality is required for all materials used in construction work. They shall be the best of the kind obtainable indigenously in each case and shall be procured from manufacturers of repute in order to ensure uniformity of quality and assurance of timely supply.

1.3 Approval and Tests

1.3.1 All materials to be used in construction shall be subject to approval of the Engineer. The

Contractor shall apply sufficiently in advance with samples of the materials including the

supporting test results from the approved laboratory and other documentary evidence from

the manufacturer wherever applicable and indicating the types of materials and their respective

sources. The delivery of materials at site shall commence only after the approval of the quality,

grading and sources of the materials by the Engineers.

1.3.2 The quality of all materials once approved shall be maintained throughout the period of construction and periodical tests shall be carried out to ensure that it is maintained. Such routine tests shall be listed under the different materials and/or as may be ordered by the Engineer from time to time.

1.4 Codes The standard latest IS code to be referred.

1.5 Rejection of materials Any materials brought to site, do not comply ion any way with the requirements of the specification of IS codes as applicable, then the materials shall be rejected.

1.5.1 The contractor at his own cost shall remove from site any and all such rejected materials with in the time specified by the engineer.


1.6 Materials for Concrete 1.6.1 Aggregates

Aggregates (Coarse and fine aggregates) shall comply with the requirements of IS: 383-1970. All aggregates shall be subject of inspection and testing in accordance with IS: 2386-1963. “Methods of Test for Aggregates and Concrete”.

1.6.2 Size and grading of Fine aggregates The grading shall confirm to IS: 383-1970 and shall be within the limits of Grading Zone-III. The maximum size of the particle shall be 4.75 mm and shall be graded down. Sand containing more than 10% of fine grains passing through 150 microns sieve or having the fineness modulus less than 2 shall not be used for concrete work.

1.6.3 Size and grading of coarse aggregates The nominal maximum size of the aggregates for each mark of concrete or for each type of work shall depend upon the description of the particular item in the Schedule of Items and/or according to relevant clauses of IS: 456-1978. The aggregates shall be well graded and the grading shall confirm to relevant requirements of IS: 383-1970 depending upon the maximum nominal size as specified or as required.

1.6.4 Fine aggregate for mortar and grout The grading of fine aggregate for mortar and grout shall be within the limits of grading zone III and IV as defined in IS: 383-1970.

1.7 Cement

Ordinary Portland cement / Portland slag cement complying with the requirements of IS: 269-1989 and IS: 455-1989 respectively shall be used for making plain and reinforced concrete, cement grout and mortar. The cement to be issued to the agency as free issue at NINL store. The agency has to lift the material from NINL store and stack properly in a weather tight well ventilated building to protect it from dampness caused by ingress of moisture from any source. 3% wastage is allowed.

1.8 Water

Water used for mixing concrete and for curing shall be clean and free from injurious amounts of oil, acid, alkali, salts, sugar, organic materials or other substances that may be deleterious to concrete of steel. The pH value of water shall be generally not less than ‘6’. Water has to meet the requirements mentioned in clause 4.3 of IS: 456-1978. Water shall be obtained from an approved source.

2.0 Admixture of Concrete Admixture to concrete shall not be used without the written consent of the Engineer. When permitted, the Contractor shall furnish full details from the manufacturer and shall carry out such test as the Engineer may require any admixture is used in the work.


2.1 Interval of Routine Test The routine tests of materials, delivered at site, shall be at the following intervals.

Aggregates – Fortnightly or for every 200 m3 for each aggregate whichever is earlier and in other respects generally as per IS: 2386 (Part 1 to 8)-1963.

Cement – Fortnightly or for each consignment, within 4 days of delivery and in other respects generally as per IS: 4031-1988.

Water – Once in two months for each source of supply and in other respects generally as per IS: 456-1978.

Reinforcement – For each consignment within 4 days of delivery in accordance with IS: 1786-1985, IS: 1599-1985 and IS: 1608-1972.

2.2 Steel

Reinforcement steel shall be issued by NINL at free issue at NINL store. The agency has to lift the material form NINL store and keep in his custody till the completion of the job at their own risk. 0.5% cutting wastage and 2.5% allowable wastage which shall be returned to NINL store as scrap.

2.3 Bricks The Bricks used shall be minimum crushing strength of 5 N/mm2 and shall be in accordance with

IS: 1077-1992.


ANNEXURE-B

Technical Specifications

3.1 EXCAVATION

3.1.1 : Planking & strutting to retain the excavated sides & to protected the adjoining structures & services including removing the same.

3.1.2 :Dewatering of accumulated water from any source till completion of all works below ground level including provision of surface drains, catchments pits etc. wherever necessary. 3.1.3: Providing adequate protection for safety of labour, materials, adjoining property, services, structures and equipment and install barriers around the excavation area, foundation, trenches, pits & red lights during night time, engage watchman for safety against risk for accident. 3.1.4: Stacking the excavated materials within the specified leads. 3.1.5: Forming ( or living) suitable steps on the sides or /and providing adequate and stable side slopes in case of deep foundation or soft , loose slushy soil and removal or steps after measurements. 3.1.6: Removing slips or falls in excavations. 3.1.7 : Dressing & trimming to required level, profile and gradient. 3.1.8 : Excavation to desired gradients in case of trenches. 3.1.9: Extra excavation beyond drawing / specification for necessary working space, for safety requirements & other allied works including handling & rehandling , back filling & compacting the same. 3.1.10: Removal of the surplus excavated earth to the specified location as directed and leveling the same. 3.1.11: Filling with cement concrete (with stone aggregate) MSB & well rammed in position all excavation taken down below the proper levels due to carelessness of the contractor. 3.1.12: Sprinkling of sand & water over final bed and ramming the same before laying soiling & concrete.


3.2 FILLING / BACK FILLING 3.2.1: Filling / Back filling with excavated earth or from spoil heaps shall include the excavation/ Re- excavation from such sources, all re-handling & removing unwanted materials from the soil. From surrounding into the excavated area, etc. shall be carried out by the contractor at non extra cost and the dewatering has to be continued till the area is back filled after completion of all works like concreting, treatment for water tightness, painting of concrete surfaces & miscellaneous other works. Before taking up any back filling. 3.2.2: Compacting, leveling, watering, trimming to levels, profiles and gradient as per drawing specification and / or directed. 3.2.3: Cost of all tests, as specified & or directed for the filling / back filling works. 3.3.1: Location for disposal of surplus excavated materials will be decided at site during execution so as to avoid rehandling. 3.3.2: A kinds of soil shall mean ordinary soil, hard soil & soft / decomposed rock (including soft & hard late rite & studded boulder) as per classification of soil mentioned in the technical specification excepting hard rock to be paid under separate item. 3.3.3: All excavation measurement shall be made on the basis of block excavation as mentioned under item of earthwork & no measurements towards side slopes, working space , safety ramps etc. shall be taken nor paid. 3.3.4: The contractors will have to plan side slopes of excavation keeping in mind all safety aspects. They may obtain approval of the purchaser time to time as required. 3.3.5: All dewatering, as required,by pumping out surface water seepage water, rain water & water pumped approval has to be taken from the purchaser in writing. 3.3.6 : Payment under excavation items shall be done in the following proportion. a) 70% for excavation & disposal. b) Balance 30 % after back filling is done. 4.0 CONCRETE (PLAIN & REINFORCED) (SECTION : CC) The rate of the respective items shall also include but not to be limited to the following as described hereinafter in different Sub-heads.


4.1: Concrete 4.1.1: Setting out all works from reference axes & bench marks. 4.1.2: Cleaning, washing & screening of aggregates whenever necessary. 4.1.3: De-watering of all foundations and areas during concreting. 4.1.4: Cement slurry /cement mortar slurry at construction joints and cold joints. 4.1.5: Provision of Building paper & bearing plaster at bearing of slabs resting over walls. 4.1.6: All the appropriate provisions as stipulated in the specification of concrete chapter for materials. Design Mix. Preparatory works/ surface preparation of concreting , facilities for checking batching , mixing, transportation, placing and compaction of concrete requirements in special cases of concreting, appropriate finishes to exposed surface, curing by appropriate means, all types of testing including hydraulic testing for Reservoirs , water tank etc. as directed. 4.1.7: The hacking or roughening the exposed surface to receive plaster or where it is to be joined with brick masonry wall. 4.1.8: Providing moulding, throating, drip course etc. unless mentioned otherwise in schedule of items. 4.2 REINFORCEMENT 4.2.1: Cleaning & protection of reinforcement & decoiling & straightening of bars , if required. 4.2.2: Provision of chairs, spacer bars, incidental welding, spacer blocks, binding wires etc. 4.2.3: Preparation of bar bending schedule. 4.3 FORM WORK 4.3.1: Setting out the form works as per drawing. 4.3.2: Preparation of the design of the from work whenever necessary and providing the same. 4.3.3: Provision of necessary staging & scaffolding, including all measures necessary for easy movement & inspection. 4.3.4: Provision of splayed edges, notching allowance for over laps & passing at angles, battens, centering ,strutting, propping bolting ,mailing , wedging, easing , striking & removal.


4.3.5: Cleaning the shuttering preparation of the form work surface sealing the joints, provision of chamfers, cambers and from of preparation for concreting rectification of any faulty works all as specified and as directed. 4.3.6: Temporary openings in the forms for pouring concrete, if required, removing rubbish etc. 4.3.7: Dressing with oil to prevent adhesion of concrete with shuttering and: raking or circular cutting. 4.4 PRECAST CONCRETE 4.4.1: Provision of casting &moulds. 4.4.2: All the provisions as stipulated in the specification of the concrete chapter & special concrete chapter for materials , design mix, checking, batching, mixing, placement compaction & curing of concrete testing of concrete etc. 4.4.3: Transportation, handling, erection, filling the joints/ holes with approved grouts and provision for all necessary safety measures while handling & erection. 4.4.4: Setting in position in 1:2 cement mortar as specified. 5.0 MASONRY (SECTION :MN) The rate of the respective items shall be for the complete finished work and shall also include, but not be limited to the following bye works /activities all complete at all levels & locations & as per the specification and as directed by the Engineer. 5.1 : Setting out the works as per drawings. 5.2: Dewatering during works in foundations and in particular cases, if found necessary. 5.3: Provision of scaffolding, platform, ladder, etc. including all necessary safety measures & accessibility and removal of the same. 5.4: Necessary surface preparation of dissimilar materials for proper bonding with masonry works as specified & as directed. 5.5: Providing opening/ holes for which no deduction is made in the measurement. 5.6: Extra provision necessary in ends of beams, joints, slabs &e like, with necessary leveling.


5.7: Raking of joints, as the work proceeds. 5.8: Bedding for plates, lintels, corrugated sheets and the like with necessary leveling. 5.9: Extra provisions necessary for projection, string course, sills, jambs, soffits of openings 5.10: Curing by appropriate means. 5.11: Provision of metal pins, dowels, cramps etc. for stone veneering. 5.12: Provision of necessary from work, template & centering in case of arches. 5.13: Removal of unused materials, dirts, debris etc. &cleaning the above after completing the working particular area, if required. 5.14: Provision for drainage holes and necessary for cement concrete blocks, to embed holdfasts for door ,windows, etc. 6.0 PLASTERING AND FINISHING (SECTION –FN) The rate of the respective item shall be for the complete finished work and shall include , but not be limited to the following bye-works /activities all complete at all levels and locations and as per specification and as directed by the Engineer. 6.1: Preparation of surface to receive plaster/ finish etc. cleaning of masonry / concrete surface of all dust ,loose mortar dropping ,traces of algae, efflorescence & other foreign matter & roughening by wire brushing or hacking as may be required & raking out of joints where required. 6.2: Provision for scaffolding wherever required & removing the same. 6.3: Extra provision necessary to provide plastering/ finishing in layers , when required. 6.4: All extra provision necessary for plastering/ surface finish in arises, bonds, bends, closing chases, rounded angles, drip coursed, string coursed around opening / holes and around dissimilar materials like metallic /timber/ asbestos. 6.5: Nominal sprinkling of the cement slurry on the surface for proper grip & satisfactory finishing of the plaster work, if required. 6.6: Providing richer mortar 1:3 in a width of 75 mm on either sides of arises of all doors and windows. 6.7: All provisions necessary to achieve levels and true profiles.


6.8: Curing by appropriate means. 6.9: Removal of unused materials, dirts & debris & cleaning of area thoroughly, after completion of the work in particular area, if required. Note: The latest IS codes shall be referred for all purpose. The work shall be executed as per Drawing and the direction of the Engineer i/c / consultant.


DUBURI, ORISSA

Annexures Page 1 of 11 Civil Works of Welfare Building in SMS

ANNEXURES


DUBURI, ORISSA


ANNEXURES

INDEX

Annexure Description

Page No.

Annexure – I Bar-chart & overall completion schedule

3 of 11

Annexure – II Form for Bank Guarantee for Security Deposit

4 of 11

Annexure – III Form for Bank Guarantee for Advance Payment

6 of 11

Annexure – IV Form for Bank Guarantee for Performance Guarantee

8 of 11

Annexure – V Form of Completion Certificate

10 of 11

Annexure – VI Form of Final Acceptance Certificate

11 of 11


DUBURI, ORISSA


Annexure-I

BAR- CHART AND OVERALL COMPLETION SCHEDULE [The Bar-Chart and Completion Schedule as submitted by the successful bidder shall form part of the Contract] [The bidder shall submit Bar-Chart and Overall completion Schedule for all works under the scope along with his bid.]


DUBURI, ORISSA


Annexure - II

FORM FOR BANK GUARANTEE FOR SECURITY DEPOSIT

(To be established through any Nationalised/Fisrt Class Scheduled Bank at Bhubaneswar

and negotiable at their Counters ) M/s Neelachal Ispat Nigam Limited IPICOL House, 1st Floor, Annexe Janpath, Bhubaneswar Dear Sirs, 1. In consideration of your agreeing to accept Guarantee towards security deposit of

Rs………………… furnishable to you by M/s ………………………………. (hereinafter called the “Contractor”) in terms of Contract no. ………………………….. dated ………….. with M/s Neelachal Ispat Nigam Limited (hereinafter called the “Employer”), the Contractor requested us to provide the guarantee to fulfill contractual obligation, we ………………………………………… (Bank name) at the request of the Contractor, are holding in trust in favour of you the amount of Rs…………………………………. and agree to pay to you on demand immediately without protest or demur or reference to the Contractor if the Contractor failed to perform all or any of their obligation under the said Contract. The decision of the Employer duly communicated in writing to the Bank that the Contractor have failed to perform all or any of the obligation under the said Contract shall not be questioned and shall be final and conclusive (irrespective of stand that can be taken by or on behalf of Contractors). The said amount of Rs……………………… shall be paid forth with on demand, without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ………………. Days from the

date of issue and shall continue to be enforceable till six months thereafter and that we ……………………………. (Bank) undertake not to revoke this guarantee during its currency without the consent in writing of the Employer.

3. This guarantee shall continue and hold good until it is released by you on the application by the

Contractors after expiry of the relative guarantee period of the said Contract and after the Contractor had discharged all his obligations under the said Contract and produce a certificate of due completion of the work under the said Contract provided always that this guarantee shall in no event remain in force after the day of ………………………. without prejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing before the expiry of six months from the said date which will be enforceable against us notwithstanding that the same is or are enforceable after the said date.

4. We ………………………………. (Bank) further undertake to extend the validity of the guarantee

beyond the period prescribed in Clause (3) or as extended from time to time, for such further period as may be required in writing before the expiry of this guarantee and upon such extension(s), all terms and conditions of this guarantee shall remain in full force till the expiry of this extended period.


DUBURI, ORISSA


Subject to the maximum limit of our liability as aforesaid the guarantee will cover all your claims or claims against the Contractor from time to time arising out of or in relation to the said Contract & in respect of which your claims in writing is lodged on us before expiry of 6 months from the date of expiry of this guarantee. Notwithstanding any thing contained hereinabove our liability under this guarantee is restricted to Rs…………………………. and this guarantee shall remain in force until ……………………… Unless a written claim is lodged on us for payment under this guarantee within six months or the guarantee i.e. on or before ………………………….. all your rights under this guarantee shall be forfeited and we shall be deemed to have been released and discharged from all liability thereunder, irrespective of whether or not the original guarantee is returned to us.

5. We ………………………………… (Bank) further agree that the Employer shall have the fullest

liberty without effecting in any manner our obligation hereunder to vary our any of the terms and conditions of the said Contract from time to time or to postpone for any time or from time to time any of your rights or powers exercisable by the Employer against the said Contractor and/or forbear to enforce any of the terms and conditions relating to the said Contract and we shall not be released from our liabilities under this guarantee by reason of any such variation or extension being granted to said Contractor or for any forbearance and/or commission on the part of the Employer or any indulgence by the Employer to the said Contractors or by any other matter whatsoever which under the law relating to the sureties would, but for this provision have the effect of so releasing us from our liability under this guarantee.

6. We ………………………………. (Bank) further agree that the guarantee herein contained shall

not be affected by the liquidation or winding up, dissolution or change in the constitution of the said Contractor.

7. Your right to recover the said sum of Rs………………………….. form us in any manner will not

be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Contractor and/or that any dispute or disputes are pending before any, Officer, Tribunal or Court.

8. We have power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the Power of Attorney granted to him by the Bank.

For and on behalf of (Banker’s Name)

Branch Manager (Banker’s Seal)

Address …………………………. ………………………….


DUBURI, ORISSA


Annexure - III FORM FOR

BANK GUARANTEE FOR ADVANCE PAYMENT (To be established through any Nationalised Bank/First Class Scheduled Bank at Bhubaneswar

and negotiable at their Counters ) M/s Neelachal Ispat Nigam Limited IPICOL House, 1st Floor, Annexe Janpath, Bhubaneswar Dear Sirs, In consideration of your agreeing to pay to M/s ……………………………………………… (hereinafter referred to as ‘Contractor’) a sum of Rupees/US ……………………… (Rupees/US Dollar ……………………………………….) only and by way of advance payment in terms of Contract No. ………………. dated ……………………. with you for the work ……………………………………. (hereinafter referred to as ‘The Contract’) on furnishing a guarantee in the manner hereinafter contained, we the ………………………. ………………………………………….. (Banker’s Name) do hereby convenient and agree with you as follows : 1. We, hereby agree and undertake and guarantee to pay you the sum of Rs…………… and if in

your opinion any default is made by the Contractor in performing any of the terms and conditions of the Contract or if in your opinion the Contractor commits any breach of the Contract then on your demand made in writing on us we shall immediately pay to you in any manner which you may direct the said sum of Rs/US $ …………………………. (Rupees/US Dollar ……………………..only) or such portion thereof as may be demanded by you not exceeding the said sum, without any protest or demur and without reference to the Contractor. Our liability to pay is not dependent or conditional on your proceeding against the Contractor and we shall be liable to pay the aforesaid amount as and when demanded by you merely on a claim being raised by you on us and even before any legal proceedings are taken against the Contractor.

2. Notwithstanding anything contained in the contrary your decision as to whether the Contractor

has made any such default or defaults under the Contract and the amount or amounts to which you are entitled by the reason thereof will be binding on us and we shall not be entitled to ask you to establish your claim or claims under this Guarantee but will pay the sum on demand without any protest or demur.

3. You will have the fullest liberty without affecting this guarantee from time to time to vary any of

the terms and conditions of the said Contract or to extend time of performance of the Contract or to postpone for any time or from time to time any of your rights and powers against the Contractor and either to enforce or forbear to enforce any of the terms or conditions of the said Contract and we shall not be released from our liability under this guarantee by the exercise of your liberty with reference to the matters aforesaid or by reason of any time being given to the Contractor which under the law relating to sureties, would but for the provisions thereof have the effect of releasing us.


DUBURI, ORISSA


4. Your right to recover the said sum of Rs/US$ ………………………… (Rupees/US Dollar ………………………………………..) from us in any manner will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Contractor and/or that any dispute or disputes are pending before any officer, Tribunal or Court.

5. This Guarantee herein contained shall not be determined or affected by the liquidation or

winding up, dissolution or change in the constitution or insolvency of the Contractor but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liability or liabilities.

6. Any notice by way of demand or otherwise shall be writing and may be sent by special courier,

Fax or registered post to us. 7. This Guarantee shall come into force simultaneously with your making the said advance

payment to the Contractor and shall not be revoked by us whether before coming into force or any time during its currency without your previous consent in writing.

We further agree and undertake to pay you the amount demanded by you in writing irrespective of any dispute or controversy between you and the Contractor or any reference to Arbitration to the said dispute/disputes are pending or civil suit filed by the Contractor in respect of the dispute or controversy.

1. Our liability under this guarantee is restricted to Rs./US $ ………………………….. (Rupees/US

Dollar ………………………………… only) and this guarantee shall remain in force until ……………………….. unless a written claim is lodged on us for payment under this guarantee within six months from the date of expiry of this guarantee i.e. on or before ……………………….. all your rights under this guarantee shall be forfeited and we shall be relieved and discharged from all liabilities thereunder.

2. We have power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the Power of Attorney granted to him by the Bank.



Signed and Delivered For and on behalf of

the above Bank

Address ………………………….

………………………….


DUBURI, ORISSA


Annexure - IV FORM FOR

BANK GUARANTEE FOR PERFORMANCE GUARANTEE

(To be established through any Nationalised /First Class Scheduled Bank at Bhubaneswar and negotiable at their Counters )

M/s Neelachal Ispat Nigam Limited IPICOL House, 1st Floor, Annexe Janpath, Bhubaneswar Dear Sirs, 1. In consideration of your agreeing to accept Bank Guarantee towards Performance Guarantee of

Rs……………………… furnishable to you by M/s ………………… (hereinafter called the “Contractor”) in terms of Contract no. ……………… dated ……….. with M/s Neelachal Ispat Nigam Limited (hereinafter called the “Employer”), the Contractor requested us to provide the guarantee to fulfill contractual obligation, we ………………….. (Bank Name) at the request of the Contractor, are holding in trust in favour of you the amount of Rs……………………… and agree to pay to you on demand immediately without protest or demur or reference to the Contractor if the Contractor fails to perform all or any of their obligation under the said Contract. The decision of the Employer duly communicated in writing to the bank that the Contractor have failed to perform all or any of the obligations under the said Contract shall not be questioned by us but shall be final and conclusive irrespective of stand that can be taken by or on behalf of Contractors. The said amount of Rs………………… shall be paid forthwith on demand, without any conditions or proof whatsoever.

2. It is fully understood that this guarantee is effective for a period of ……………. days from the

date of issue and shall continue to be enforceable till six month thereafter and that we………………………. (Bank) undertake not to revoke this guarantee during its currency without the consent in writing of the Employer.

3. This guarantee shall continue and hold good until it is released by you on the application by the

Contractors and expiry of the relative guarantee period of the said Contract and after the Contractor had discharged all his obligations under the said Contract and produce a certificate of due completion of the work under the said Contract provided always that this guarantee shall in no event remain in force after the day of ……………….. without prejudice to your claim or claims arisen and demanded from or otherwise notified to us in writing before the expiry of six months from the said date which will be enforceable against us notwithstanding that the same is or are enforced after the said date.

4. Should it be necessary to extend this guarantee on Account of any reason whatsoever we

undertake to extend the period of guarantee on your request till such time as may be required by you.


DUBURI, ORISSA


5. We ………………………..(Bank) further agreed that the Employer shall have the fullest liberty without affecting in any manner our obligation hereunder to vary any of the terms and conditions of the said Contract 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 and/or forebear to enforce any of the terms and conditions relating to the said Contract and we shall not be released from our liabilities under this guarantee by reason of any such variation or extension being granted to the said Contractor or for any forbearance and and/or commission on the part of the Employer or any indulgence by the Employer to the said Contractors or by any other manner whatsoever which under the law relating to the sureties would, but for this provision have the effect of releasing us from our liability under this guarantee.

6. We ………………….. (Bank) further agree that the guarantee herein contained shall not be

affected by the liquidation or winding up, dissolution or change in the constitution of the said Contractor.

7. Your right to recover the said sum of Rs…………………………. from us in any manner will not

be affected or suspended by reason of the fact that any dispute or disputes have been raised by the Contractor and/or any dispute or disputes are pending before any officer, Tribunal or Court.

8. We have the power to issue this guarantee in your favour and the undersigned has full power to

execute this guarantee under the power of attorney granted by the Bank.



Signed and Delivered For and on behalf of

the above Bank

Address …………………………. ………………………….


DUBURI, ORISSA


Annexure – V

FORM OF COMPLETION CERTIFICATE

Ref No. : _____________________ Date : ________________________

To: …………………………………………….. …………………………………………….. …………………………………………….. [Name and address of Contractor] Contract Agreement No : ___________________________________________

[Name of the Facilities] Dear Sirs, Pursuant to Clause _______ of the General Conditions of the Contract entered into between yourselves and the Employer dated ____________ [date], relating to the ____________________________ [brief description of the facilities], we hereby notify you that the construction * of the following part(s) of the facilities was completed on the date specified below. However, you shall liquidate all the outstanding defects and / or deficiencies and complete the balance items listed in the attachment hereto, as soon as possible, so that the facilities are fully in accordance with the requirements of the Contract.

1. Description of the Facilities or part thereof : _____________________ [description] 2. Date of Completion of : ____________________ [date]

This letter does not relieve you of your obligation to complete the work and fulfill other responsibilities in accordance with the Contract nor of your obligations during the Defects Liability Period . Your’s faithfully, _________________________________________________________________________________ Title For and on behalf of Neelachal Ispat Nigam Ltd.


DUBURI, ORISSA


Annexure – VI

FORM OF FINAL ACCEPTANCE CERTIFICATE

Ref No. : _____________________ Date : ________________________

To: …………………………………………….. …………………………………………….. …………………………………………….. [Name and address of Contractor] Contract Agreement No : ___________________________________________

[Name of the Facilities] Dear Sirs, Pursuant to Clause _______ (Final Acceptance) of the General Conditions of the Contract entered into between yourselves and the Employer dated ____________ [date], relating to the ____________________________ [brief description of the facilities], we hereby notify you that the following part(s) of the facilities was (were) completed satisfactorily including completion of Defects Liability Period of twelve months after commissioning, on the date specified below, and that, in accordance with the terms of the Contract.

1. Description of the Facilities or part thereof : _____________________ [description] 2. Date of Completion: ____________________ [date]

Your’s faithfully, _________________________________________________________________________________ Title For and on behalf of Neelachal Ispat Nigam Ltd.

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