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U. P. RAJYA VIDYUT UTPADAN NIGAM LTD.

ANPARA THERMAL POWER PROJECT

ANPARA-SONEBHADRA

TENDER DOCUMENT-WORKS

: Name of Work :

COMPLETE OPERATION & MAINTENANCE OF EXISTING DRY

FLY ASH EXTRACTION SYSTEM INSTALLED IN 2X500 M.W.

ANPARA 'B' THERMAL POWER STATION ALONG WITH

LIFTING OF DRY FLY ASH FROM ITS SILO PLANT

OFFICE OF THE EXECUTIVE ENGINEER

CENTARAL WORKS CONTRACT DIVISION-4

ANPARA THERMAL POWER STATION,

ANPARA, SONEBHADRA (UP)

TENDER NOTICE NO: 17 /CWCD-4/ATPS/2013-14

ara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM

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TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 2 of 48

UP RVUNL

INDEX

S.NO. PARTICULAR PAGE NO.

1. TENDER NOTICE

2. DETAIL OF TENDER NOTICE

3. CHECK LIST OF DOCUMENT SUBMITTED AGAINST PQC

4. PRE-QUALIFYING CONDITION OF TENDER

5. INSTRUCTION TO TENDERERS

6. PROFORMA OF AGREEMENT FOR VALIDITY

7. PROFORMA FOR LOCAL& PERMANENT ADRESS

8. NO DUES PROFORMA FOR CIVIL & ELECTRICAL

9. PROFORMA FOR AFFIDAVIT

10. PROFORMA FOR BANK GUARANTEE

11. TENDER AGREEMENT SHEET

12. GENERAL CONDITIONS OF CONTRACT

13. FORM-A (GENERAL CONDITIONS OF CONTRACT FOR SUPPLY OFPLANT AND THE EXECUTION OF WORKS IN U.P.R.V.U.N.L.)

14. OTHER GENERAL & SPECIAL TERMS & CONDITIONS

15. BILL OF QUANTITY/RATE SCHEDULE


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TENDER NOTICE

TENDER NOTICE NO. 17/CWCD-4 /ATPS / 2013-2014

NAME OF OFFICE Central Works Contract Division- 4, Anpara Thermal PowerStation , Anpara- Sonebhadra

NAME OF WORK COMPLETE OPERATION & MAINTENANCE OF

EXISTING DRY FLY ASH EXTRACTION SYSTEM

INSTALLED IN 2X500 M.W. ANPARA 'B' THERMALPOWER STATION ALONG WITH LIFTING OF DRY

FLY ASH FROM ITS SILO PLANT.

EARNEST MONEY Rs. 15,00,000.00 (Rs. Fifteen Lacs Only)

COMPLITION TIME 05 YEARS

COST OF TENDER Rs. 1,000.00 + VAT extra. @ 14%

DATE OF OPENING OFTENDER

PART IST - 16.08.2013

PART- IIND - Shall be intimated laterTender notice & specification are available on Nigams website (www.uprvunl.org).Tenderers may download & submit their tender with required tender fee & otherdocuments.

NOTE: Earnest money will be pledged in favor of Dy. Chief Accounts Officer, CFA & BO,ATPS, Anpara.

SUPRINTENDING ENGINEER EXECUTIVE ENGINEER

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DETAIL OF TENDER NOTICE

TENDER NOTICE 17 /CWCD-4/ATPS/2013- 2014

NAME OF WORK

COMPLETE OPERATION & MAINTENANCE OF

EXISTING DRY FLY ASH EXTRACTION

SYSTEM INSTALLED IN 2X500 M.W. ANPARA

'B' THERMAL POWER STATION ALONG WITH

LIFTING OF DRY FLY ASH FROM ITS SILO

PLANT.

NATURE OF TENDER WORK

ESTIMATED COST -

TENDER FORM COST Rs. 1000.00 + VAT Extra @ 14%EARNEST MONEY DEPOSIT Rs. 15,00,000.00 (Rs. Fifteen Lacs Only)

SUBMISSION DATE 16 08 2012 DD/MM/YY

SUBMISSION TIME Up to 01:00 PM HOUR/MIN.

OPENING DATE FOR PART IST 16 08 2012 DD/MM/YY

OPENING TIME FOR PART IST 04:00 PM HOUR/MIN.

OPENING DATE FOR PART IIND - - - DD/MM/YY

OPENING TIME FOR PART IIND 04:00 PM HOUR/MIN.

UPLOAD TENDER DOCUMENT BROWSE

SUBMIT RESET

EXECUTIVE ENGINEERCWCD-IV, ATP, ANPARA

Countersigned

SUPERINTENDING ENGINEERCWCC-II, ATP, ANPARA


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CHECK LIST OF DOCUMENTS SUBMITTED AGAINST PQC

Sl.No.of

PQC

PARTICULARS OF PQC DOCUMENT SUBMITTED( YES/NO)

PAGE NO.( IF YES)

1. Earnest money

2. Agreement for validity of offer

3. Financial turnover of the firm

4. Certificate of Registration of firm andMemorandum of Association

5.

Declaration on Non Judicial Stamp Paperof Rs 10/- in the prescribed proforma(Annexure-III) and documents as per

Annexure I & II

6.Undertaking for utilization of fly ash anddocument as per point no. 3 & 4 of Pre-qualification

7.

Copy of General, Other, Special Terms &Conditions alongwith Form-A ofUPRVUNL attached with this tenderdocument duly signed and stamped by thetenderer as a token of acceptance

This is to certify that all the PQC documents submitted as per above detail are duly attested by self with datedsignature and seal. The details given herein are correct to the best of my knowledge and belief. We shall be solelyresponsible for any mistake, wrong information, forgery of any document etc. I, hereby also certify that I am dulyauthorized by my firm/company to submit and sign the tender and the enclosed documents.

Signature with seal of authorized SignatoryName of the authorized Signatory:Date:


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UP RVUNL

PREQUALIFYING CONDITIONS OF TENDERfufonk dh iwoZ vgZrk,a

(Documents to be furnished with Part-I of tender)fufonk dsHkkx&izFke dslkFk layXu fd, tkusokysizi=

The price bid of only those firms shall be opened who shall fulfill the followingprequalifying conditions:

The tenderers are requested to submit the following documents in support of the samein Part-I of the tenders, failing which Part-II (Price bid) of the tender may not be opened. Nodocument regarding the pre qualifying conditions shall be accepted from the tenderer after theopening of tender bid (Part-I).

1. Earnest money of Rs. 15,00,000.00 (Rupees Fifteen Lacs) Only in the form of BankDraft payable at Anpara or CDR/FDR/DAC/TDR of a scheduled Bank or NSC in favorof Dy. Chief Account Officer, C.F.A. & B.O, A T.P.S., Anpara.

OR

Earnest money of Rs. 15,00,000.00 (Rupees Fifteen Lacs) Only may be submitted inthe form of Bank Guarantee issued from a scheduled bank in standard applicableformat (enclosed as Annexure-IV)

2. The agreement on non-judicial stamp paper of Rs. 100/- or as applicable from time totime regarding validity of offer on prescribed proforma with the signature of twowitnesses specifying name, profession and complete postal address of tenderers aswell as witnesses.

3. The average turnover of the tenderer for each of the preceding three financial yearsshould be at least Rs. 1.00 Crore (Rs One Crore) per annum.In case of a firm/company formed during last three years, the turnover of the majorshareholder/promoter shall be considered.

NOTE: Audited balance sheets, showing the business turnover and profit & lossaccount for the last three years should be submitted along with the proposal(Individual or a partnership firm or a company not falling under statutory requirement


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of audit, has to submit a certificate from Chartered Accountant certifying the averageturnover of last three financial years.)

4. Tenderer should be a company which is actual dry fly ash user and capable ofconsuming dry fly ash in their products.

At the time of submitting the tender, tenderer shall submit an under taking of utilizing thedry fly ash in Cement manufacturing, construction or any other ash basedproduct/industry.

5. Proprietorship declaration/Partnership deed/Certificate of Registration and

Memorandum of Association (in case of registered companies).

All the documents submitted must be duly signed & attested by the bidder with

the remark Submitted by me.

EXECUTIVE ENGINEER


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INSTRUCTIONS TO TENDERERS

The tenderers are advised to read the following instructions before filling the tender and follow them strictly:

1. PREPARATION OF TENDER:1.1 The site of Anpara Thermal Power Project is situated at the border of U.P. and M.P. at the southernmost tip

of Distt. Sonebhadra in U.P. and on the left bank of Rihand Reservoir along National Highway No. 75 near

the village Anpara at about 3 Km from the existing Renusagar Thermal Power Station. The nearest railway

station is Anpara on BG North Central Railway line.

1.2 Before submission of the tender, the tenderers are requested to make themselves fully conversant with the

site of work, technical specifications, general conditions of contract, special conditions of contract etc. so that

no ambiguity arises at a later date in this respect.

1.3 Only downloaded copy of Tender Document, downloaded from the web site of Nigam i.e. www.uprvunl.org

will be accepted. It should be noted that Tender Document will not be sold by any office.

1.4 The tender should be prepared in two parts in two separate sealed envelopes. The Part-I shall contain

earnest money and all the technical details etc. The Part-II shall contain price bid only.

(A) Tenderers should note that individual tender must be submitted as detailed below:-

TENDER BID PART-ITender Bid Part-I shall contain Tender Cost in the form of Bank Draft/Bankers Cheque issued from StateBank of India & payable at Anpara, Earnest money in the form of Bank Draft payable at Anpara oCDR/FDR/DAC/TDR of a scheduled Bank or NSC in favour of Dy.CAO, C.F.A. & B.O., A TPS, Anpara insealed cover super scribed as Tender Bid Part-I against Tender NoticeNo. Part-I will also contain all the documentary proofs in support ofprequalifying conditions duly self attested by the tenderers under their dated Signature & Seal. In casethe Earnest money amount exceeds Rs. 5000.00, the same may be submitted in the form of BankGuarantee issued from a scheduled bank in standard applicable format (enclosed as Annexure-IV).

TENDER BID PART-IITender Bid Part-II shall contain the price bid. The sealed cover containing the tender bid shall be supescribed Tender bid part-II against Tender Notice No.

Following shall also be super scribed on the envelopes of Part-I & II of the tender.

(i) NAME OF WORK...

(ii) Date of opening part-I..Part-II

Sealed envelopes containing tender bid part-I and part-II should be kept in one sealed envelopesuperscribed as Tender Bids against Tender Notice No. Date oopening of part-I ..... Part-II..

(B) At the time of opening of the tenders, the Part-I containing earnest money and documentary proofs insupport of all the prequalifying conditions shall be opened first.

Part-II of only those tenderers who have submitted the required amount of earnest money in the desiredform & fulfill all the prequalifying conditions will be opened.Tenderers may submit their tender personally or send it through registered post with acknowledgmendue well in advance so that they are received in the office before the due date and time of submission. Notime allowance shall be admissible for postal delays etc. The tenders received after the specified time and


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date shall not be entertained. The required information shall have to be furnished in the prescribedproforma, wherever available with tender documents.

Any other technical data, details, descriptive leaflets, drawing etc. which the tenderer wishes to submit inaddition to the details asked for may be enclosed along with the information submitted in Part-I portiononly. The tender must be complete in all respects and each page of the tender document shalhave to be signed with date by tenderer in ink only.All corrections shall have to be signed with dateprior to submission. The schedules/ data sheets must be filled in item by item in accordance with the

instructions and notes supplementary there to.

In the event of the tender being submitted by a firm, it must be signed by each member there of or in theevent of absence of any member, it must be signed by a person holding a power of attorney authorizinghim to do so. Such power of attorney shall be produced along with tender.

1.5 In case the tenderer does not supply any of the required information in his tender, necessary loading maybe made while evaluating the price of his offer without giving him any further opportunity to supply orclarify the same. Also that failure to comply with this requirement may result, to the rejection of the bid atthe discretion of the purchaser.

1.6 The tenderer must quote FIRM PRICES only on unit basis or otherwise as required and mentioned in bilof quantity / rate schedule of the tender. Tenderer is required to submit the price schedules andappendixes (Annexure.) duly filled in as required and should strictly follow with the instructions and

supplementary notes to facilitate the purchaser to evaluate the various offers comparatively. Failure to doso may prevent the tender from being considered. The tenderer has to quote their rate for all the itemscovered in the schedule of rate/ bill of quantity failing which the tender may be rejected at the discretion oUPRVUNL.

1.7 In case of ambiguous or contradictory terms/conditions mentioned in the tender, interpretations, as maybe advantageous to the purchaser may be taken without any reference to the tenderer.

1.8 Any action on the part of the tenderer to revise the prices and/or change the structure of price/prices ahis own instance after opening of the tender will result in rejection of the tender and/or debarring thetenderer from participation in works of U.P. Rajya Vidyut Utpadan Nigam Ltd. for one year in the firstinstance.

1.9 In case the tenderer is prepared to offer any rebate or deduction in the price, the same should be clearlydefined in the tender. The conditional discount shall not be considered.

1.10 Telegraphic Offers / tenders or tenders sent through Fax shall not be entertained and such offers shall berejected. Conditional offer will not be accepted in any case and will be summarily rejected.

2. EARNEST MONEY:

2.1 Tender must be accompanied with Earnest money in the form of Bank Draft payable at Anpara orCDR/FDR/DAC/TDR on a scheduled Bank or NSC in favour of Dy.CAO, C.F.A. & B.O., A TPS, AnparaIn case the Earnest money amount exceeds Rs. 5000.00, the same may be submitted in the form of BankGuarantee issued from a scheduled bank in standard applicable format (enclosed as Annexure-IV).In case earnest money of specified amount and in the prescribed form is not deposited in Part-I oftender, the price bid (Part-II) will not be opened.

2.2 The earnest money will be returned to all except the successful tenderer. The earnest money ofsuccessful tenderer shall be retained and adjusted to works security deposit.

3. MODIFICATION PRIOR TO THE DATE OF TENDER OPENING:

The undersigned reserves the right to revise or amend the specifications prior to the date notified foropening of the tender. Such revision or amendment, if any, will be communicated to the tenderers asamendment to this invitation to the tenders through publication & UPRVUNLs website.

4. CLARIFICATION DESIRED BY THE TENDERERS:


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Any clarification with regard to the specification should be sought for by the tenderer before submission othe tender. No correspondence on this account will be entertained once the tender has been submitted bythe tenderer.

5. PROCEDURE FOR OPENING AND PROCESSING OF TENDERS:

The Part-I & Part-II of tender shall be publicly opened on the date and time specified in the tender noticeIt may be noted that no request on the part of the tenderer for extension in the due date of tender shall begranted. Only those offers which are in conformance with deposit of earnest money and fulfill the

prequalifying conditions shall be considered and processed for the evaluation. The tenders accompaniedwith requisite earnest money shall be scrutinized and processed in this office to ensure whether the sameare in conformance to technical requirement of the specification.

6. TIME OF COMPLETION:

The agreement for the above works will be executed initially for 05 years and can be enhanced for a

period of 02 years as per requirement on the same rates, terms & conditions.

7. AWARD OF CONTRACT:

The undersigned does not pledge to accept the lowest or any tender and reserves the right to

accept/reject any tender without assigning any reason thereof. No tender should be deemed to have been

accepted unless such acceptance is notified in writing to the tenderer by the UPRVUNL.

8. CONTRACT AND AGREEMENT:

The successful contractor shall execute an agreement with U.P. Rajya Vidyut Utpadan Nigam Ltd. on

standard form of agreement duly completed with the conditions of contract specifications and schedules

referred to therein annexed.

9. VALIDITY PERIOD OF THE TENDER:

The tender, shall remain valid for three 04 months from the date of opening of the tender. The tendere

shall not withdraw his offer during the validity period. The tenderer shall enclose an agreement in this

respect on the proforma enclosed with this document on Rs. 100/- Non Judicial stamp paper duly affixed

with Rs. 1.00 revenue stamp.

10. DEVIATION:

In general, no deviation from the tender specification is acceptable to UPRVUNL and tenderers are

advised to adhere to all clauses of the tender specification and general conditions of contract to facilitate

finalization of contract. However, deviation taken, if any by the tenderer from the tender specification may

be loaded on quoted price as per the discretion of UPRVUNL. Conditional tender bid shall be summarily

rejected.

11. CANVASSING:

No tenderer shall canvass any Nigam official or the Engineer with respect to his own or other tender.Contravention of this condition will result in rejection of the tender. This clause shall not be deemed toprevent the tenderer from supplying to the Engineer any further information asked by the Engineer ocontract.

12. Contractor shall have to ensure the payment of wages to their labours as per governments latest order inaccordance with the Contract Labour Act 1975 and minimum wages prevalent as per govt. rules fromtime to time.

13. If the opening date happens to be a holiday, then the tender shall be opened on the next working day atthe same time as mentioned in tender notice.


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14. The tenderer have to submit the downloaded tender documents from the website along with the requiredtender cost. The cost of tender may be submitted in shape of DD/Bankers cheque issued by anyscheduled Bank payable at Anpara, in favour of Dy. CAO, CFA&BO, A TPS.

7. UPRVUNL reserves the right to accept or reject any or all the tenders or split the work in two or more

parts/contracts without assigning the reasons whatsoever thereof.

8. Overwriting/ use of whitener in the offer is not allowed. Any cutting in the offer must be signed by the

tenderer himself or by the authorized representative of the tenderer.

9. The Tenderer shall have no right to issue addendum to his tender bid to clarify, amend, supplement or

delete any of the conditions, clause or items stated therein.

10. Successful bidder not having Labour license issued by DLC, Pipri, Sonebhadra (UP) shall apply to

Engineer of Contract/Factory Manager on prescribed Form-IV for issue of Form-V which will be required

to obtain the said license from the DLC, Pipri. The firm will have to submit this Labour license to the office

of Engineer of contract within 30 days after issue of LOI failing which LOI may be cancelled by

UPRVUNL.

11. The successful bidder shall submit the attendance of his employees in prescribed Form-12 along with the

monthly running bills/ final bills regularly.

12. In case past performance of any firm has been found unsatisfactory in any of the division of Anpara

Thermal Power Project/ other Power Station of UPRVUNL / any organization, price bid of that firm will no

be opened.

NOTE: -i. If at any stage during finalization of tender / execution of order, any documents, submitted by any bidde

in his bid in support of Pre-qualifying Conditions, is found to be forged / false, his bid is liable to berejected , purchase order cancelled, EMD / Security deposit forfeited and any other departmental actionas deemed fit be initiated. For this purpose the bidder shall have to produce original documents, ifrequired, before opening of bid Part-II or after ward.

ii. Any deviation in Terms & Conditions must be enclosed along with Part-I. Deviation in the terms &conditions may be the cause of not opening of tender part-II.

EXECUTIVE ENGINEER


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(On a non Judicial stamp of Rs.-100/- plus Re.1/- revenue stamp)

AGREEMENT FOR TENDER VALIDITY

Tender invited by: Executive Engineer,..

..

..

..

Tender for :

Tender Notice No :

Opening date :Part-IPart-II

Name of Tenderer :

.

.

.

IN CONSIDERATION of the UPRVUNL having treated the tenderer to be an eligible person whose tendermay be considered, the tenderer hereby agrees to the condition that the proposal in response to the aboveinvitation shall not be withdrawn within 04 (Four) months from the date of opening of tender bid and also to the

condition that if thereafter the tenderer does withdraw his proposal within the said period, the earnest moneydeposited by him may be forfeited to the U.P. Rajya Vidyut Utpadan Nigam Ltd. in the discretion of the latter.

Signed this Dated of

Signed by the Tenderer

(With Seal)

Witness:-

1-

2-


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Annexure-

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Annexure-II

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Annexure-IVBank Guarantee Format (For Earnest money)

(In case EMD amount exceeds Rs. 5000.00, BG may be submitted on a non judicial stamp paper of value Rs. 100.00 orprevailing at the time of submission)

U.P. RAJYA VIDYUT UTPADAN NIGAM LIMITEDTo ,

Sir,

Whereas, Messers a company incorporated under the Indian Companies Act, its registered office at

/ a firm registered under the Indian partnership Act and having its business office at .. /

Srison of ....resident of .. carrying on business under the firms name and style of

MessersatSri.son of.resident of

..Sri son of .resident of .partners carrying on

business under the firms name and style of Messrs..at..which is an unregistered

partnership (here in after called"The tenderer") has / have in response to your Tender Notice against specification

numberforspecification number for ..offered

to supply and or execute the works as contained in the tenders letter no AND WHEREAS the Tenderer is

required to furnish you a Bank guarantee for the sum of Rs.as earnest money against the tenderers offer as

aforesaid.

AND WHEREAS we (Name of the Bank) have at the request of the tenderers agreed to give you the guarantee as here in

after contained.

NOW, THEREFORE, in consideration of promises, We the undersigned here by covenant that the aforesaid tender of the

tenderers shall remain open for acceptance by you during the period of validity as mentioned in the tender or any extension

there of as you & the tenderer may subsequently agree and if the tenderer shall for any reason back out, whether expressly

or impliedly, from his said tender during the period of its validity or any extension thereof as aforesaid we hereby guarantee

to you the payment of the sum of Rs.on demand, not withstanding the existence of any dispute between

the U. P. Rajya Vidyut Utpadan Nigam Limited and the tenderer in this regard AND we here by further agree as follows : -

(a) That you may without affecting this guarantee grant time or other indulgence to or negotiate further with the

tenderer in regard to be conditions contained in the said tender and thereby modify these conditions or add there to any

further conditions as may be mutually agreed upon between you and the tenderer.

(b) That the guarantee herein before contained shall not be affected by any change in the constitution of our bank or in

the constitution of the tenderer.

(c) That any account settled between you and the tenderer shall be conclusive evidence against us of the amount due

hereunder and shall not be questioned by us.

(d) That this guarantee commences from the date hereof and shall remain in force till the tenderer if his tender is

accepted by you, furnishes the security as required under the said specification and executes a formal agreement as therein

provided or till four months after the period of validity or the extended period of validity as the case may be of the tender

whichever is earlier.

(e) Not with standing anything contained above, the liability of the Guarantor hereunder is restricted to the said some

of Rsadd this guarantee shall expire on the..date of ..Unless a claim under the guarantee is

failed with the Guarantor within six months of such date all claims shall lapse and the Guarantor shall be discharged from the

guarantee.

(f) That the expressions the tenderer" and the Bank" the U. P. Rajya Vidyut Utpadan Nigam Limited herein used shallunless such interpretation is repugnant to the subject or context include their respective successors and assigns .


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Yours faithfully

FORM OF AGREEMENT

This agreement made the ......... ...............................................day of .................................. 200... between

...................................................(hereinafter referred to as the contractor) of the one part and U.PRajyaVidyutUtpadan Nigam Ltd. (Hereinafter called the purchaser) of the other part. WHERE AS the

purchaser is about to erect and maintain the .........................................(hereinafter called the work

mentioned enumerated or referred to in certain general conditions, specification schedule drawing from of

tender covering letter and schedule of prices which for the purpose of the identification and have been

signed by ..................................on behalf of ................................the contractor) and ............... (the Enginee

or the purchaser) on behalf of purchaser and all of which or deemed to form part of this contact as though

separately set out herein and are including in the expression contract (whenever herein used).

AND WHERE AS

a. UPRVUNL is desirous to dispose off dry fly ash from their unit N0. 4 & 5 of Anpara Thermal PowerStation, Anpara, Sonebhadra (referred as ATPS) in the state of UP which will in the process of electricity

generation will produce huge quantity of fly ash which need to be disposed off in an effective manner so asto prevent environmental hazards, according to guidelines issued by MOEF, Government of India vide

gazette Notification 763 (v) dated 14.09.1999 read with notification no. 1999 dated 03.11.2009.b. UPRVUNL intends to dispose off dry fly ash available from Unit no. 4&5 and Firm intends to use it.c. Firm intends to use fly ash for cement manufacturing at its installed / proposed cement manufacturingunit(s) for manufacture of fly ash based Portland Pozzollana cement (PPC).d. Both the parties viz UPRVUNL and Firm are desirous of recording the terms and conditions which havebeen agreed by both the parties.NOW THEREFORE both the parties enter into on agreement as follows:1. UPRVUNL shall allow collecting the total quantity of Dry Fly Ash generated from Unit N0. 4 & 5 on as iswhere is basis, from the date of signing of Agreement and deposit of Security Deposit. Firm shall makearrangements for carrying the same to their premises at their on cost. Dry Fly Ash shall be issued based on

actual weighing. Weight so recorded shall be considered final. Invoice for fly ash shall be prepared onmonthly basis and adjusted against the advance payment.2. UPRVUNL shall allow to collect the Dry Fly Ash @ Rs. (Rupees .) per MT for a period of 05 years.3. Firm shall obtain NOC/ Permission from the other related departments if any as required, howeverassistance if any shall be provided by UPRVUNL.4. If any dispute or difference arises between the two parties, the same shall be conducted in accordancewith the Arbitration and Conciliation Act 1996. All disputes of any nature shall be subject and the jurisdictionof Allahabad High Court, Allahabad.5. UPRVUNL will not be liable legally or financially to pay any kind of damages or compensation to Firm inthe event of not being able to supply dry fly ash during the period of the agreement for reasons beyond itscontrol and decision regarding shut down and maintenance of electricity generating units will be solely ofUPRVUNL and will be binding on Firm.

6. Firm shall observe all the safety rules & regulations as per Indian Factory Acts and Rules and UP FactoryAct and Rules and will arrange labour insurance for their employees. In case of any accident or ishappeningduring installation, operation & maintenance of DFAES, Firm shall be responsible for payment ofcompensation to their employees as per Workmens Compensation Act and any other rules & regulations asprevalent at that point of time.7. Any charge in GOI guidelines shall be binding on both the parties.


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NOW PRESENT WITNESS and the parties here to hereby agree and declare as follows that is to say in

consideration of the payments to be made to the contractor by the purchaser as for that said works and shal

do and perform all other works and things in the contract mentioned or described or which are implied there

from or there in respectively or may be reasonably necessary for the completion of the said works within and

at the time and in the manner and subject to the terms, conditions and stipulations mentioned in the said

contract.

And in consideration of the due provision, erection, execution construction and completion of the said works

and the maintenance there of as aforesaid the purchaser will pay to the contractor the said sum of Rs.

........................... or such other sums as may become payable to the contractor under the provisions of this

contract. Such payments to be made at such time and in such manner as are provided by the contract.

IN WITNESS WHEREOF the parties hereto having signed this deed here under on the dates respectively

mentioned against the signature of each.

Signed by Signed by(For and on behalf of the purchaser) (For and on behalf of the purchaser)

dated ............... 2011 dated ............... 2011

in the presence of in the presence of

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

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

Note : All General, Special & Other General Terms and Conditions alongwith Form-A of

UPRVUNL indicated herein this Tender Document shall be part of Agreement.


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INFORMATION ABOUT

Existing Dry Fly Ash Extraction System of 2X500 MW BTPS,AANPARA

The Dry Fly Ash Extraction System of 2X500 M.W. B TPS, Anpara is supplied andcommissioned by M/s Indure Pvt Ltd., New Delhi in the year 2000. This system comprises of following

major auxiliaries :

Sl.

No.Name of Auxiliary Make & model

Per unit

installed

quantity

In

service

As

stand by

1 Transport Air Compressors

M/s Atlas Copo,

Belgium

Model : ZA-315-3.5

6

02 Nos.

for each

unit

02 Nos.

commonfor both

units

2 Vacuum Pump M/s Nash, KoreaModel : CL 2002

602 foreach

unit

01 ineach unit

3Instrument Air Compressors

installed for main plant area

M/s Ingersol Rand,

Model : 7X5 ESV NL-23 2 1

4Instrument Air Compressors

installed for silo plant area

M/s Ingersol Rand,

Model : 7X5 ESV NL-22 1 1

5 Vent FansType: centrifugal,

Make: Thermax2

1 for

eachunit

Nil

6Silo Air Blowers(Rotary twin lob compressor)

Type : AC, Size : 76

Make : M/s SkyInternational Ltd.,

Sonipat

21 foreachunit

Nil

The first stage vacuum extraction system includes extraction by vacuum of ash from 32 nos. ESP

hoppers (16 Nos. each of first two rows) to the transfer tanks located near the ESPs of unit no. 4 & 5

First stage vacuum extraction has the feature of segregation of ash from various fields of ESP hoppers

The scheme includes extraction of dry fly ash from under the ESP hoppers by two (2) Nos. of norma

working vacuum pumps with 50% standby for each unit i.e. a total of three (3) nos. for each unit

However, interconnection between the dedicated standby vacuum pumps of adjacent streams is made to

improve the availability & flexibility in operation of the streams. Each vacuum pump, dedicated to a

stream, extracts the fly ash. The vacuum extraction operates so as to allow sequential ash discharge

from ESP hoppers into the conveying system which remains in continuous operation.

For each ash extraction stream, one number transfer tank is provide. Fly ash is collected in

transfer tank and conveyed to storage silos through the compressed transport air, catered by two (2) Nos


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of normal working Transport Air Compressors (TAC) for each unit. Two Nos. of TACs are provided as

stand by, common for both the units, i.e. a total of six (6) Nos. TACs are installed for both units.

The transfer tanks are equipped with target box and bag filter as applicable to vacuum extractionsystem. Hot air for each unit is provided by TAC to aerate ash inside the transfer tank to facilitate free

flow of ash.

Two (2) Nos. normal working Instrument air compressors with 50% standby, common for boththe units i.e. a total of three (3) nos. Instrument air compressor are installed to meet the complete

instrument air requirements i.e. valve actuation, bag filter cleaning etc. of the ash handling system.

Dry Fly Ash transportation System

For second stage conveying, one (1) nos. pressure conveying pipe line for each unit is provided

to continuously transport the dry fly ash from transfer tanks to storage silos. There is no line as standby

Transport of fly ash from transfer tank of each unit to the storage silos, located outside plant boundary

and beside of Gate No. 2 of ATPS, Anpara is carried out with the help of transport air compressors.

Dry Fly Ash Storage SystemFor dry ash storage, two (2) silos, one for each unit, are provided. Each silo has the effective

capacity to store approx. 1000M of dry fly ash. For each of the main storage silos one outlet at the

bottom is provided and is fitted with telescopic chute and rotary feeder for loading the ash into closed

tankers. The storage silos are fitted with bag filters, target box and fans for cleaning the vent air beforedischarging to the atmosphere. Each storage silo shall be provided with a dedicated aeration system.

Two (2) instrument air compressors along with its air drying plants, air receivers complete with motors,

valves, pads and pipelines along with supporting steel structures to meet the complete requirement of

ash handling plant such as actuation of material handling, segregation valves ; various airline valves, bagfilter cleaning etc.

One (1) No. of normal working Instrument air compressors with 100% standby i.e. a total of two(2) Nos. Instrument air compressors are installed to meet the complete instrument air requirements i.e.

valve actuation, bag filter cleaning etc. of the Silo area.

Control System : Control for fly ash extraction of each unit and Silo plant is based on separateprogrammable logic control (PLC) systems.

A maximum of approximately 12.5 Lakh Metric Ton per annum of Dry Fly Ash can be extracted

from the first two rows of ESP hoppers of2X500 M.W. B T.P.S., Anpara.

IMPORTANT NOTE : There is no Weighing Machine installed at Silo. Hence, the bidder/buyer willhave to install the Weighing Machine of 80 MT capacity at his/their own cost for weighing of dry fly

ash.

Executive Engineer


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GENERAL TERMS & CONDITIONS OF CONTRACT

1. AWARD OF CONTRACT:The purchaser does not pledge to accept the highest or any tender and reserves the right to accept the wholeor any part of any tender as he may think fit without assigning any reason thereof, No tender should bedeemed to have been accepted unless such acceptance is notified in writing to the tenderer by the purchaser

2. SUB-LETTING OF THE CONTRACTThe contractor shall not, without the consent in writing of the Engineer of the contract or purchaser, which

shall not be unreasonable with-held, assign or sub-let his contract, or any substantial part thereof, other than

for raw material, for minor details or for any part of the work of which the makers are named in the contract

provided that any such consent shall not relieve, the contractor from any obligation duty or responsibility

under contract.

3. CONTRACT AND AGREEMENT:

The successful buyer shall execute to the U.P. Rajya Vidyut Utpadan Nigam Ltd. standard form of agreemenduly completed with the conditions of contract specifications and schedules referred to therein annexed.

4. ENGINEER OF CONTRACT

Ordering Executive Engineer of the work/service unit will be the Engineer of Contract. He shall allot the

services to the indenting user unit for execution of work as and when required/ indented. The user unit shalbe responsible for execution, time frame, quality and bill verification, thereafter and shall be the Engineer o

Contract for this phase.

5. ENGINEERS DECISION:

To prevent disputes and litigation it shall be accepted as inseparable part of the contract that in matters

regarding material, workmanship, renewal of improper work, interpretation of contract drawings and contract

specifications, made of procedure and the carrying out of the work; the decision of the Engineer of Contrac

shall be final and binding on the contractor and in any technical question which may arise during the contract

the Engineer of Contracts decision shall be final and conclusive.

6. MEDICAL CARE:

The contractor shall be fully responsible for first aid and emergency medical treatment to his employees. The

necessary arrangement for this purpose shall be made by the contractor at site.

7. MEDICAL SUPERVISION:

The medical supervision of the contractor over his employees shall include, anti malaria measures

vaccination against small pox, inoculation against typhoid fever and other diseases, employees suffering from

contagious diseases shall be removed as and when detected to an approved permanent hospital. If any case

of contagious disease is discovered amongst the employees, it shall be at once reported to the Engineer o

Contract.

8. ACCOMODATION / CAMP:

Department will not provide any type of accommodation to the contractor or his labour at site or in colony,

Contractor has to make his own arrangement without any extra charge. Contractor has to make his camp

office and store at the site without any extra charge. The site for this will be given by the site in charge,Engineer of Contract.

9. LABOUR/ FACTORY/ WAGES TO LABOUR:

a) As per the factory act/Labour act, contractor has to register his labour in Labour office and is required to

arrange the insurance of the labour as per act because labors may have to work on the running

equipments. The contractor has to follow all the terms and conditions of Labour rules and factory rules.


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b) Contractor has to pay the wages to his labour as per Labour act & minimum wages act. The Contractor isprimarily responsible for timely and correct payment of wages to the worker employed by him for eachwage period. The Nigam shall be fully indemnified against any claims or demands arising out of any sorof payment, disputes reference or award. Any delay in making payments of any running bill of the workshall not absolve the contractor of his responsibility of making payment to contract labour. The Contractoshall submit a copy of the wage sheet as per Labour (Regulation and abolition) Act. 1970 duly signed andcertified to the Nigam for inspection of the Labour Enforcement Authority, when ever required.

c) UPRVUNL does not bind itself for any liability as principal employer regarding absorption of any labouarising out of continuous employment of labour by the contractor. The contractor shall engage hisemployee, labour in such a way that no such liability arises on account of his award of this agreement orany other agreement entered in the ATP by any division / Circle as it is only job contract.

In case of any violation of this contract the recovery from the contractor shall be made not only fromthis contract but also from other assets of the contractor / firm(s) Associate Firm. The contractor shalfollow all the labour laws under Labour/ Factory Act.

(d) Contractor will abide by all rules as laid down in contract labour Act (Vinimayan Evam Unmulan)-1970and U P Contract Labour Act-1970; otherwise any action against him by the main employer, i.e.UPRVUNL shall be acceptable to him.

10. DAMAGES DUE TO NEGLIENCE:

In the event of any damage occurring to any work, property of Nigam or any person due to negligence on the

part of the contractor or his labour, the contractor shall be solely responsible and must reconstruct, repair andmake good any such damages at his own expense to the full satisfaction of the Engineer of contract. No claim

shall be entertained for idle labour due to strike, lock out etc. beyond the control of Nigam.

11. CONTRACTOR TO FOLLOW SECURITY RULES OF PURCHASER:

(a) The contractor shall strictly abide by the rules and regulations of security enforced by the UPRVUNL. Thecontractor shall provide proper identity cards, badges etc. to his employees whenever directed by theEngineer of Contract.

(b) The contractor will submit all the details about the labour prior to engagement for the said work to theEngineer of Contract for the security purposes.

(c) The Engineer of contract reserves the right to debar any labour or person or the contractor from entry tothe power station due to security reasons and Engineer is not bound to clarify the reasons to anybody for

debarring such labours.12. COMPENSATION:

For any accident of the contractors labour, contractor has to pay compensation to the labour as per factoryact/Labour act/as per workmens compensation act. Department/Nigam will not be responsible for any suchpayment whatsoever.

13. SAFETY MEASURES:

(a) The contractor shall have to follow all the safety rules/measures, particularly with respect to electrica

connections, welding, cutting, pulling and lifting, grinding and working at high elevations and scaffolding

and arrange the safety equipments/protective devices e.g. helmets, goggles, safety belts, gloves, safety

shoes etc. at his own expense, to their workmen. In case, contractor fails to make this arrangement

Nigam may provide these and recover the cost from the contactor. Safety harness/ fall arrestor/ ancho

rope must be used for works where fall from height is likely, as per latest valid IS.(b) The contractor should not start any work before a valid permit is issued to him.

14. BEHAVIOUR:

The behavior of the contractor or his workers should be good with Nigams officer/staff. For any misbehaviorof the contractors workers, the contractor has to remove that worker from the site at once and the loss due tomisbehavior incurred, if any, has to be recovered from the contractors bills.For the misbehavior of the contractor, the Engineer of Contract reserves the full right to cancel the agreementat once without giving any notice to him.


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15. INSPECTION OF WORK:

Time to time inspection will be done by the Nigam representative/ Engineer of Contract if work is not found upto the mark, the same has to be done again without any extra cost.

A separate instruction and work register in duplicate shall be maintained by the contractor for the works beingcarried out by him. He will also obtain the signature of the authorized representative of Nigam issuing theinstructions to carry out the different works. Finally the register will be submitted along with the running bill forecord in the office of the Engineer of Contract. The register shall also be signed by the contractor. The works

which are not of regular nature one indent will be given by AE concerned to carry out such works. Howeverthe working priorities will be intimated by the Engineer of Contact separately.

16. CORRESPONDENCE AND NOTICES:

The purchaser/ Engineer shall ordinarily correspond with Tenderer/ Contractor at the address furnished bythe Tenderer/ contractor. Any notice to be sent to the Tenderer/ contractor by the Nigam shall be sent on theaddress of the Tenderer/ contractor furnished by him during tender or as intimated by him. As such, notice sosent shall be deemed as good, service and any time required to commence shall be counted from the date onwhich the notice should have been served on the Tenderer/ contractor in the ordinary course

17. COURT OF JURISDICTION:

For the legal disputes the court of jurisdiction shall be the district court of Sonebhadra and Honble High Courtof Allahabad.

18. All other terms & conditions shall be as per Form-A (General condition of contract for the supply of plant andthe execution of works) of UPRVUNL.

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FORM A

General Conditions of contract for Supply of Plant and the Execution of works in the U.P.R.V.U.N.L.

1. Definition of terms: - In construing the General Condition and annexed Specification, the following wordsshall have the meaning herein assigned to them unless there is anything in the subject or contexinconsistent with such construction.The Purchaser shall mean the U.P.R.V.U.N.L. and shall include its successors and assigns.The Contractor shall mean the Tenderer whose tender shall be accepted by the Purchaser and shalinclude such Tenderers heirs, legal representatives, successors and assigns.The Sub-contractor shall mean the person named in the Contract for any part of the work or any person towhom any part of contract has been sublet with the consent in writing of the Engineer and the heirs, legarepresentatives, successors and assigns of such person.The Engineer shall mean the officer placing the order for the work with the Contractor and such otherofficer as may be duly authorized and appointed in writing by the Purchaser to act as Engineer for thepurposes of the Contract and, in case no such officer has been so appointed, the Purchaser or his dulyauthorized representative.Plant, Equipment, Material, Work, or Works shall mean respectively the plant and materials to beprovided and work or works to be done by the Contractor under contract.The contract shall mean and include the General Conditions, Specifications, Schedules, Drawings, Formof Tender, Covering Letter, Schedule of Prices or final General Conditions, Specifications and Drawingsand the Agreement to be entered into under clause 3 of these General Conditions.

The Specification shall mean the Specification annexed to these General Conditions and the Schedulesthereto (if any).The Site shall mean the site of the proposed work as detailed in the Specification or any other place inU.P.R.V.U.N.L. where work is to be executed under the contract.Test on Completion shall mean such test as are prescribed by the Specification to be made by theContractor before the plant is taken over by the Purchaser.Commercial Use shall mean that use of the work which the contract contemplates or of which it iscommercially capable.Month shall mean calendar month.Writing shall include any manuscript, type written or printed statement, under or over signature or seal asthe case may be.Words importing persons shall include Firms, Companies, Corporations and other bodies whetheincorporated or not.

Words importing the singular only shall also include the plural and vice versa where the context requires.2. Contractor to inform himself fully: - The contractor shall be deemed to have carefully examined The

General Conditions, Specifications, Schedules and Drawings. If he shall have any doubt as to the meaningof any portion of these General Conditions or of the specifications he shall, before signing the contract, setforth the particulars thereof, and submit them to the Engineer in writing in order that such doubt may beremoved.

3. Contract: - A general agreement shall, if required by the Purchaser, be entered into between the Purchaseand Contractor for the proper fulfillment of the Contract. Further, if required by the Purchaser, theContractor shall deposit with the Purchaser as security for the due and faithful performance of the contracsuch sums not being less than one percent of the total value of the Contract as may be fixed by thePurchaser either in cash or in any other form approved by the Purchaser.The charges in respect of vetting and execution of the Contract document shall be borne by the Contractor.The contractor shall be furnished with an executed stamped counter part of the agreement. The impor

license fee will, in each case, have to be paid by the contractor; import license may have to be taken inNigams name.After the tender has been accepted by the Purchaser all orders or instructions to the Contractor shallexcept as herein otherwise provided, be given by the Engineer on behalf of the Purchaser.

4. Contract drawings: - The Contractor shall submit, in duplicate, to the Engineer for his approval, drawings othe General Arrangement of the works to be carried out and such detailed drawings, other than shopdrawings, as may be reasonably necessary. Within fourteen days of the receipt of such drawings theEngineer shall signify his approval or otherwise of the same, and in the event of his disapproving thedrawings, the contractor shall submit further drawing for approval.


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Within a reasonable period of the notification by the Engineer to the contractor of his approval of suchdrawings, three sets in ink on tracing cloth or Ferro Gallic prints mounted on the cloth, of the drawings asapproved shall be supplied to him by the Contractor and be signed by him and by the contractorrespectively and be thereafter deemed to be the Contractor Drawings.These drawings when so signed shall become the property of the purchaser and be deposited with theEngineer, and shall not be departed from in any way whatsoever except by the written permission of theEngineer hereinafter provided, during the execution of the works, one of the sets of drawing shall beavailable for reference on the site.

In the event of Contractor desiring to possess a signed set of drawings, he shall supply four sets instead ofthree sets, and in this case the Engineer shall sign the fourth set and return the same to the Contractor.The Contractor, if required by the Engineer, shall supply in addition copies of any drawing other than shopdrawing which may reasonably be required for the purpose of the Contract and may make a reasonablecharge for such copies.The Engineer, or his duly authorized representative, whose name shall have previously beencommunicated in writing to the contractor, shall have the right, at all reasonable times, to inspect, at thefactory of Contractor, drawings of any portion of the work.

5. Mistakes in drawings:-The Contractor shall be responsible for and shall pay for any alternations of the workdue to any discrepancies, errors, or omission in the drawings or other particulars supplied by him, whethesuch drawing or particulars have been approved by the Engineer or not, provided that if such discrepancieserrors or omissions are due to inaccurate information or particulars furnished to the Contractor by theEngineer, any alterations in the work necessitated by reasons of such inaccurate information or particulars

shall be paid by the purchaser.If any dimensions figured upon a drawing or a plan differ from those obtained by scaling the drawing or planshall be taken as correct.

6. Sub letting of contract:-The Contractor shall not, without the consent in writing of the Engineer orPurchaser, which shall not be unreasonably with held, assign or sublet his Contract, or any substantial partthereof, other than for raw materials, for minor details, or for any part of the work of which the makers arenamed in contract, provided that any such consent shall not relieve the contractor from any obligation, dutyor responsibility under the Contract.

7.Patent rights:- In the event of any claim or demand being made or action being brought against thePurchaser for infringement or alleged infringement of Letters Patent, in respect of any machine, plant workor thing used or supplied by the Contractor under this Contract or in respect of any method of using oworking by the Purchaser of such machine, plant, work or thing, the contractor will indemnify the Purchaseragainst such claim or demand and all costs and expense arising from or incurred by reasons of such claimor demand PROVIDED THAT the Purchaser shall notify the Contractor immediately any claim is made andthat the Contractor shall be at liberty, if he so desires, with the assistance of the Purchaser, if required. Butat the Contractors own expense, to conduct all negotiations for the settlement of the same or any litigationthat may arise there from and PROVIDED THAT no such machine, plant work or thing shall be used by thePurchaser for any purpose or in any manner other than that for which they have been supplied by theContractor and specified under this Contract.

8.Quality of materials:-the plant shall be manufactured and constructed in the best and most substantial andmost workmanlike manner and with materials of the best or of approved qualities for their respective uses.

9. Packing:-The contractor shall be responsible for securely protecting and packing the plant so as to avoiddamage under normal conditions of transport.

10.Delivery:-The cost of delivering the whole material F.O.R. at the railway stations specified or on the site asthe Specification may define and the cost of packing and, unless otherwise agreed, important duties andcustoms dues shall be borne by the Contractor.

11.Fencing and lighting for works other than transmission lines:-Except as hereinafter provided the

purchaser shall, unless otherwise specified, be responsible for the proper fencing, guarding lighting, andwatching of all works other than transmission lines comprised in the Contract and for the proper provision otemporary roadways, footways, guards and fences of the work for accommodation and protection of footpassengers or other traffic and of the owners and occupiers of adjacent property and of the public.

For Transmission Lines:-The contractor shall at all time provide sufficient fencing, notice boards, lights andwatchmen to protect and warn the public and guard the work of transmission lines and in case theContractor fails to make such provisions or the provision made by him is considered by the Purchaser to beinadequate, the Purchaser may make such provision or further provisions as he may consider necessaryand charge the cost thereof to the Contractor.


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For all works:-If during the period of erection of a plant the contractor or his workmen or servants shalinjure or destroy any part of a building or other structure contiguous to the work in progress or if anydamage shall be caused from any cause whatsoever to other work whether in progress or completedforming part of the work for which the plant is being installed or if any imperfections become apparent inthese works the causes of which imperfections are attributable to the contractor or his workmen or servantsthe Contractor shall make good such damages and imperfections and if he fails to do so within areasonable time, the Purchaser may cause the same to be made good and may deduct the cost thereoffrom any sum that may then or at any time thereafter become due to the Contractor or from his security

deposit or the proceeds of sale thereof or of a sufficient portion thereof or may recover it otherwise.12.Power to vary or omit work :- No alterations, amendments, omissions, additions, suspensions or variations

of the work (hereinafter referred to as Variations) under the contract as shown by the contract drawings orthe Specification shall be made by the Engineer; but the Engineer shall have full power, subject to theproviso hereinafter contained, from time to time during the execution of contract by notice in writing toinstruct the contractor to make such variations without prejudice to the contract, and the contractor shallcarry out such instructions, and he bound by the same conditions, as for as applicable, as though the saidvariations occurred in the specification. If any suggested variation would, in the opinion of the contractor, icarried out, prevent him from fulfilling any of his obligations or guarantees under the contract, he shall notifythe Engineer thereof in writing, and the Engineer shall decide forthwith whether or not the same shall becarried out, and if the Engineer confirms his instructions, the contractors obligations and guarantees shallbe modify to such extent as may be justified. The difference of cost, if any, occasioned by any suchvariations, shall be added to, or deducted from, the Contract price as the case may require. The amount o

such difference, if any shall beascertained and determined in accordance with the rates specified in the Schedules of price, so far as thesame may be applicable, and where the rates are not contained in the said Schedules, or are not applicablethey shall be settled by the Engineer and Contractor jointly, as far as possible, before such variations arecarried out: Provided that the Purchaser shall not become liable for the payment of any charges in respecof any such variations, unless the instructions for the performance of the same shall have been given in thewriting by the Engineer.In the event of the Engineer requiring any variations, such reasonable and proper notice shall be given tothe contractor as will enable him to make his arrangements accordingly, and in case where goods ormaterials have already been prepared, or any designs, drawings or patterns have been made or work donethat require to be altered, the Engineer shall allow such compensation in respect thereof as he shalconsider reasonable.Provided that no such variation shall, except with the consent in writing of the Contractor, be such as willinvolve an increase or decrease of the total price payable under the contract by more than 10 % thereof.In every case in which the contractor shall receive instructions from the Engineer for carrying out any workwhich either then or later will, in the opinion of the contractor shall, as soon as reasonably possible after thereceipt of such instructions, inform the engineer of such claim for additional payment.

13. Negligence:- If the contractor shall neglect to execute the work with due diligence and expedition, or shalrefuse or neglect to comply with any reasonable orders given to him in writing by the Engineer in connectionwith work, or shall contravene any provision of the contract, the purchaser may give seven days notice inwriting to contractor, to make good the failure, neglect or contravention complained of, and if the Contractoshall fail to comply with the notice within a reasonable time from the date of service thereof in the case of afailure, neglect or contravention capable of being made good within that time, then and in such case thePurchaser shall be at liberty to employ other workmen, and forthwith perform such work as the contractormay have neglected to do or if the Purchaser shall think fit, it shall be lawful for him to take the work wholly,or in part, out of the Contractors hand and give it to another person on contract at a reasonable price oprovide any other materials, tool, tackle or labour for the purpose of completing the work, or any par

thereof, and in that event the purchaser shall without being responsible to the Contractor for fair wear andtear as the same, have the free use as all the materials, tools, tackle or other things which may be ob thesite, for use at any time in the Connection with the work to the exclusion of any right of the Contractor ovethe same, and the Purchaser shall be entitled to retain and apply any balance which may be otherwise dueon the Contract by him to the Contractor or such part thereof as may be necessary to the payment of thecost of the executing such work as aforesaid.

If the cost of executing the work as aforesaid shall exceed the balance due to theContractor, and the Contractor fails to make good the deficiency, the Purchaser may recover it from theContractor in any lawful manner or the Purchaser may sell the said materials, tools, tackle or other thing


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belonging to the contractor, and the proceeds of such sale be applied towards the payment of suchdeficiency and the cost of and incidental to such sale and any balance remaining after crediting the sameshall be paid to the Contractor on the certificate of the Engineer, provided that when all expenses, costs andcharges incurred in completion of the work are paid by the Contractor, all such materials, tools, tackle orother things remaining unsold shall be removed by the contractor.14.Deaths, Bankruptcy etc:-If the contractor, shall die or commit any act of Bankruptcy, or being aCorporation commence to be wound up except for reconstruction purpose or carry on its business under areceiver, the executors, successors or other representatives in law of the estate of the Contractor or any

such Receiver.Liquidator, or any person in whom the Contract may become vested, shall forthwith give notice thereof inwriting to the Purchaser and shall for one month during which he shall take all reasonable steps to prevena stoppage of the works, have the option of carrying out the Contract subject to his or their providing suchguarantee as may be required by the Purchaser, but not exceeding the value of the work, for the time beingremaining unexecuted. In the event of stoppage of the works period of the option under this clause shall befourteen days only: Provided that, should be above option not the exercised, the Contract may bedetermined by the Purchaser by notice in writing to the Contractor, and the Purchaser may exercise thesame power which he could exercise and will have the same rights which he would have under the laspreceding clause if the work had been taken out of the Contractors hand under that clause.

15.Inspection and Testing:-The Engineer and his duly authorized representatives shall have, at all reasonabletimes, access to the Contractors premise, and shall have the power, at reasonable times, to inspect andexamine the materials and workmanship of the plant during its manufacture there; and if the part of the

plant is being manufactured on the premises, the Contractor shall obtain for the Engineer and for his dulyauthorized representative permission to inspect it as if the plant was manufactured on Contactors nowpremise.The Engineer shall, on giving seven days notice in the writing to the contractor setting out any grounds ofobjections which he may have in respect of work, be at liberty to reject all or any plant or workmanshipconnected with such work, which, in his opinion, are not in accordance with the Contract or are, in hisopinion defective for any reason whatever Provided that if such notice be not sent to the Contractor withinreasonable time after the grounds upon which such notice is based have come to knowledge of theEngineer, he shall not be entitled to reject the said plant or workmanship on such grounds. Unlessspecifically provided otherwise all test shall be made at the Contractors work before shipment.The contractor shall, if required, give the Engineer notice of any material being ready for testing, and theEngineer or his said representative, if so desired, shall on giving 24 hoursprevious notice in writing to the contractor, attend at contractors premises within seven days of the date onwhich the material is notified as being ready; failing which visit the Contractor may proceed with the test,which shall be deemed to have been made in Engineers presence and he shall forthwith forward to theEngineer duly certified copies of the test in duplicate.Test at contractors premises: - In all cases where the contractor provided test, whether at the premisesof the Contractor or of any sub-contactor, the contractor, except where otherwise specified, shall providefree of charge, such labour, materials, electricity, fuel, water, stores, apparatus, and instruments as mayreasonably be demanded to carry out efficiently such test of the plant in accordance with the contractor andshall give facilities to the Engineer or his authorized representative to accomplish such testing.If special tests, other than those specified in the contract are required they shall be paid for by thePurchasers as variations under clause12.When the tests have been satisfactorily completed at the contractors works the Engineer shall issue acertificate to that effect.Test on site:- In all cases where the Contractor provides for tests on the site the Purchaser, except whereotherwise specified shall provide, free of charge, such labour, materials, electricity, fuel, water, stores

apparatus and instruments as may be requisite from time to time and as may reasonably be demanded,efficiently to carry out such tests of the plant or workmanship in accordance with the Contract. In the case ofthe contractor required electricity for test on site such electricity shall be supplied to the contractor in themost convenient form available.

16.Delivery of plant:- The plant or material shall not be forwarded until shipping/ dispatch instructions shalhave been given to the contractor.Notification of delivery or dispatch in regard to each and every consignment shall be made to the purchaserimmediately after dispatch or delivery. The supplier shall further supply to the consignee a priced invoiceand packing account of all store delivered or dispatch by him. All packages, containers, bundles and loose


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materials forming part of each and every consignment shall be described in full in the packing account, andfull details of the contents of packages and quantity of materials shall be given to enable the consignee tocheck the store on arrival at destination.17. Access to site and work on site:-Suitable access to and possession of the site shall be afforded to thecontractor by the purchaser in reasonable time, and the purchaser shall have any foundations to beprovided by him ready when required by the contractor. Where a crane is available, its safe lifting a capacityshall be stated in the specification, and it shall be available for free use of the contractor until the plant istaken over.

Only applicable to complete erection contractions:- The work, so far it is carried out on the Purchaserspremises, shall be carried out at such time as the purchaser may approve, and so as not to interfereunnecessarily with the conduct of the purchasers business, but thepurchaser shall give the contractor all reasonable facilities for carrying out the work.No person other than the contractor, Sub-contractors and workmen and the contractors duly authorizedagents shall, except with the special permission in writing, of the Engineer or his representative, be allowedto do any work on the site in connection with the erection of the work but access to the works shall at altimes be accorded to the Engineer and his representatives and other authorized officials or representativesof the purchaser.The contractor shall permit the execution of work by other contractors or tradesmen whose names shalhave been previously communicated in writing to the contractor by the Engineer, and afford them everyfacility for the execution of their several works simultaneously with his own.The purchaser shall provide all the unskilled labour and facilities necessary for the execution of work

included in the contractor unless otherwise specified.18. Engineers Supervision:-All the work shall be carried out under the direction and to the reasonablesatisfaction of the Engineer. If supervision of erection or complete erection is included in the contract, thecontractor shall be responsible for the correctness of the positions, levels and dimension of the workaccording to the drawings, notwithstanding that he may have been assisted by the Engineer in setting outthe same.

19.Engineers Decisions:- In respect of all matter, which are left to the decision of the Engineer, including thegranting or withholding of certificates, the Engineer shall, if required to do by the contractor, give in thewriting a decision thereon and his reasons for such decision. If the decision is not accepted by thecontractor the matter will, at the request of the contractor, be referred to arbitration under the provision forarbitration hereinafter contained, but subject to this right of reference to arbitration such decision shall befinal and binding on the contractor.20.Contractors representative and workmen:-If the supervision of the erection or complete erection isalso included in the contract, the contractor shall employ at least one competent representative, whosename or names shall have previously been communicated in writing to the Engineer by the contractor, tosuperintend the erection of plant and the carrying out of the works. The said representative, or if more thanone shall be employed, then one of such representatives shall be present on the site during working hoursand any written orders or instructions which the Engineer or his duly authorized representative whose nameshall have been previously communicated in writing to the contractor may give to the said representative ofthe contractor shall be deemed to have been given to the contractor.The engineer shall be at liberty to object to any representative or person employed by the contractor in theexecution of or otherwise about the works who shall in his opinion misconduct himself or be incompetent onegligent, and the contractor shall remove the person so object to upon receipt from the Engineer of noticein writing requiring him so to do, and shall provide in his place a complete representative at the contactorsexpense.The purchaser shall provide suitable living accommodation on the site for the use ofcontractors representative unless the contractor exempts him from this liability.

21.Liability for accident and damage:-The contractor shall be responsible for loss, damage ordepreciation of the plant until the same is taken over under clause 35 or is deemed under that clause tohave been taken over: Provided ALWAYS that the contractor shall not be responsible for any such loss,damage and depreciation occurring during such period that plant is operated by the purchasers staff prioto being taken over in accordance with clause 35.Until the plant is taken over or deemed to have been taken over as aforesaid, the contractor shall also beliable for and shall indemnify the purchaser in respect of all injury to the contractor or his workmen or sub-contractor or from defective design, or work, but not from any other cause.


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Provide that the contractor shall not be liable for any loss of profit or loss of contractor or any other claimmade against the pu

An Para 15967 Ac

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