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 NOTI CE NO: 17 /CWCD-4/ATPS/2013-14 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM 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 OF PLANT 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 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 3 of 48 TENDER NOTICE TENDER NOTICE NO. 17/CWCD-4 /ATPS / 2013-2014 NAME OF OFFICE Central Works Contract Division- 4, Anpara Thermal Power Station , Anpara- Sonebhadra 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. 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 OF TENDER PART I ST - 16.08.2013 PART- II ND - Shall be intimated later Tender notice & specification are available on Nigams website (www.uprvunl.org). Tenderers may download & submit their tender with required tender fee & other documents. NOTE: Earnest money will be pledged in favor of Dy. Chief Accounts Officer, CFA & BO ,ATPS, Anpara. SUPRINTENDING ENGINEER EXECUTIVE ENGINEER fufonkl wpuk ||+| | | :./: |: : |:-|/|+/z:::-z::- || | | :| | +| |--| +| |+| +||| +| | | | zx-:: |+| +| + |: +: r |||+ +-| | || ||-| +-||| +|| + |-| || | || |;|+ | || | | | | ||r ||| : :-::::::: , : +r || |- , | | +|| :- +| ||+| | - : 01,000.00 + + ||: @ 14% ||+| | | ||| Hkkx i zFke %16.08.2013 Hkkx f}rh; %+| | | || ooioloololo | i;- (www.uprvunl.org) lli i lli-ni i r| llii i;- i+i ilsn lli i~ i ii lli i -i n r| i- iir ili - iilii|, | l-i ii - -ii, i ni| lii, i i - rini | |||-| ||| ||||| ||| Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 4 of 48 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 ENGINEER CWCD-IV, ATP, ANPARA Countersigned SUPERINTENDINGENGINEER CWCC-II, ATP, ANPARA Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 5 of 48 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 and Memorandum of Association 5. Declaration on Non Judicial Stamp Paper of Rs 10/- in the prescribed proforma (Annexure-III) and documents as per Annexure I & II 6. Undertaking for utilization of fly ash and document as per point no. 3 & 4 of Pre- qualification 7. Copy of General, Other, Special Terms & Conditions alongwith Form-A of UPRVUNL attached with this tender document duly signed and stamped by the tenderer 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 dated signature and seal. The details given herein are correct to the best of my knowledge and belief. We shall be solely responsible for any mistake, wrong information, forgery of any document etc. I, hereby also certify that I am duly authorized by my firm/company to submit and sign the tender and the enclosed documents. Signature with seal of authorized Signatory Name of the authorized Signatory: Date: Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 6 of 48 UP RVUNL PREQUALIFYING CONDITIONS OF TENDER ||+| | ++ r| (Documents to be furnished with Part-I of tender) ,||+| ||-+| || | | +| ++-, The price bid of only those firms shall be opened who shall fulfill the following prequalifying conditions: The tenderers are requested to submit the following documents in support of the same in Part-I of the tenders, failing which Part-II (Price bid) of the tender may not be opened. No document regarding the pre qualifying conditions shall be accepted from the tenderer after the opening of tender bid (Part-I). 1. Earnest money of Rs. 15,00,000.00 (Rupees Fifteen Lacs) Only in the form of Bank Draft payable at Anpara or CDR/FDR/DAC/TDR of a scheduled Bank or NSC in favor of 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 in the form of Bank Guarantee issued from a scheduled bank in standard applicable format (enclosed as Annexure-IV) 2. The agreement on non-judicial stamp paper of Rs. 100/- or as applicable from time to time regarding validity of offer on prescribed proforma with the signature of two witnesses specifying name, profession and complete postal address of tenderers as well as witnesses. 3. The average turnover of the tenderer for each of the preceding three financial years should 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 major shareholder/promoter shall be considered. NOTE: Audited balance sheets, showing the business turnover and profit & loss account 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 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 7 of 48 of audit, has to submit a certificate from Chartered Accountant certifying the average turnover of last three financial years.) 4. Tenderer should be a company which is actual dry fly ash user and capable of consuming dry fly ash in their products. At the time of submitting the tender, tenderer shall submit an under taking of utilizing the dry fly ash in Cement manufacturing, construction or any other ash based product/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 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 8 of 48 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-I Tender Bid Part-I shall contain Tender Cost in the form of Bank Draft/Bankers Cheque issued from State Bank of India & payable at Anpara, Earnest money in the form of Bank Draft payable at Anpara or CDR/FDR/DAC/TDR of a scheduled Bank or NSC in favour of Dy.CAO, C.F.A. & B.O., A TPS, Anpara in sealed cover super scribed as Tender Bid Part-I against Tender Notice No. Part-I will also contain all the documentary proofs in support of prequalifying conditions duly self attested by the tenderers under their dated Signature & Seal. In case the Earnest money amount exceeds Rs. 5000.00, the same may be submitted in the form of Bank Guarantee issued from a scheduled bank in standard applicable format (enclosed as Annexure-IV). TENDER BID PART-II Tender Bid Part-II shall contain the price bid. The sealed cover containing the tender bid shall be super scribed 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 envelope superscribed as Tender Bids against Tender Notice No. Date of opening of part-I ..... Part-II.. (B) At the time of opening of the tenders, the Part-I containing earnest money and documentary proofs in support 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 desired form & fulfill all the prequalifying conditions will be opened. Tenderers may submit their tender personally or send it through registered post with acknowledgment due well in advance so that they are received in the office before the due date and time of submission. No time allowance shall be admissible for postal delays etc. The tenders received after the specified time and Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 9 of 48 date shall not be entertained. The required information shall have to be furnished in the prescribed proforma, wherever available with tender documents. Any other technical data, details, descriptive leaflets, drawing etc. which the tenderer wishes to submit in addition to the details asked for may be enclosed along with the information submitted in Part-I portion only. The tender must be complete in all respects and each page of the tender document shall have to be signed with date by tenderer in ink only. All corrections shall have to be signed with date prior 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 the event of absence of any member, it must be signed by a person holding a power of attorney authorizing him 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 may be made while evaluating the price of his offer without giving him any further opportunity to supply or clarify the same. Also that failure to comply with this requirement may result, to the rejection of the bid at the discretion of the purchaser. 1.6 The tenderer must quote FIRM PRICES only on unit basis or otherwise as required and mentioned in bill of quantity / rate schedule of the tender. Tenderer is required to submit the price schedules and appendixes (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 do so may prevent the tender from being considered. The tenderer has to quote their rate for all the items covered in the schedule of rate/ bill of quantity failing which the tender may be rejected at the discretion of UPRVUNL. 1.7 In case of ambiguous or contradictory terms/conditions mentioned in the tender, interpretations, as may be 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 at his own instance after opening of the tender will result in rejection of the tender and/or debarring the tenderer from participation in works of U.P. Rajya Vidyut Utpadan Nigam Ltd. for one year in the first instance. 1.9 In case the tenderer is prepared to offer any rebate or deduction in the price, the same should be clearly defined 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 be rejected. 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 or CDR/FDR/DAC/TDR on a scheduled Bank or NSC in favour of Dy.CAO, C.F.A. & B.O., A TPS, Anpara. In case the Earnest money amount exceeds Rs. 5000.00, the same may be submitted in the form of Bank Guarantee 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 of tender, 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 of successful 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 for opening of the tender. Such revision or amendment, if any, will be communicated to the tenderers as amendment to this invitation to the tenders through publication & UPRVUNLs website. 4. CLARIFICATION DESIRED BY THE TENDERERS: Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 10 of 48 Any clarification with regard to the specification should be sought for by the tenderer before submission of the tender. No correspondence on this account will be entertained once the tender has been submitted by the 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 notice. It may be noted that no request on the part of the tenderer for extension in the due date of tender shall be granted. 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 accompanied with requisite earnest money shall be scrutinized and processed in this office to ensure whether the same are 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 tenderer 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 to prevent the tenderer from supplying to the Engineer any further information asked by the Engineer of contract. 12. Contractor shall have to ensure the payment of wages to their labours as per governments latest order in accordance with the Contract Labour Act 1975 and minimum wages prevalent as per govt. rules from time to time. 13. If the opening date happens to be a holiday, then the tender shall be opened on the next working day at the same time as mentioned in tender notice. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 11 of 48 14. The tenderer have to submit the downloaded tender documents from the website along with the required tender cost. The cost of tender may be submitted in shape of DD/Bankers cheque issued by any scheduled 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 not be opened. NOTE: - i. If at any stage during finalization of tender / execution of order, any documents, submitted by any bidder in his bid in support of Pre-qualifying Conditions, is found to be forged / false, his bid is liable to be rejected , purchase order cancelled, EMD / Security deposit forfeited and any other departmental action as deemed fit be initiated. For this purpose the bidder shall have to produce original documents, if, required, 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 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 12 of 48 (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 tender may be considered, the tenderer hereby agrees to the condition that the proposal in response to the above invitation 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 money deposited 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- Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 13 of 48 Annexure-I QeZ@Bsdsnkj ; g i zi = foHkkx }kjkfuxZr i zi = l svyx dj Hkkx&1 dsl kFkt ek fd; kt kukl qfufpr fd; kt k; A () -,-i i i- ............................................................................................................................................. () lni i i- ............................................................................................................................................. z -il,iin|ii i- ............................................................................................................................................. ......................................................................................................................................... z......................................................................................................................................... s......................................................................................................................................... ......................................................................................................................................... r......................................................................................................................................... s -ii| ni -i o ........................................................................................ z ni,-ir~i ........................................................................................ s ii ........................................................................................ ......................................................................................... iii ........................................................................................ r li ........................................................................................ c l i o ........................................................................................ / iii o ........................................................................................ ii rn ni ......................................................................................................................................... z......................................................................................................................................... s......................................................................................................................................... ......................................................................................................................................... r......................................................................................................................................... c......................................................................................................................................... r-nii lin lnlli -r Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 14 of 48 l-i| - | l-iln - i-li,ii;-li | | -iln ln -i i li r | Annexure-II fufonkdkj }kjkfufonki zi = Hkkx&1 dsl kFkt ekfd; st kusgsrqi zek.k&i = () - .................................................................................................(i-) -ilin ni r l -| ; - ii | i; i| - li - riin|,-il r ii - - i ln- ii i.................................................................i lii i lnn i~ ls -ir n i -i li i i r nii ; -ii rn ln- |i | l-n sii lni r | () lnn | i.........................................................................li................................ o.................................................................................................................................................. (i) ii | i........................................................................li............................... o.................................................................................................................................................. (z) -| ; - ii | i; i| - li - riin|,-il r ii - - i- i lii - i; ii,-| ni il-n r r| lii l| ii,-| - - i i rni r | l in -ii - l| i | -ni i| in| r ni liin -i n-i i -in ni r | li....................................................... r-nii - lnlli i i- -r uksV&dzekad 01l s02esat ksykxwu gksml sdkV nsaA Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 15 of 48 Annexure-III ' ki Fk&i = (o i il -ni ) - ..........................................................................lni i i-..................................................ni....................................................................... .................i,| li| ii i ni,n| r l 1. () - - -o...........................................................................................ni............................... ........................................................i,| -i -i-| r nii ;- -i,-| i; in|i r| r| (i) -o...........................................................................................ni........................................... ...............................................................r-i| in|i - r nii - ;i,;| lin lnlli r l -lin ilii - | lli ii n -nn ri r| (n) -o...........................................................................................ni............................................. ..................................................................r-i| l-- -| r nii - ;i,;| lin lnlli r l -lin ilii - | lli ii n -nn ri r| 2. () i ni| lii - -i,-|,r-ii i; i| lni in r| r | (i) i ni| lii - -i,-|,-,r-ii,r-i lni in r,r li,li li l-n r ii-...................................................................lni i i-.............................................. ii-................................................liin i i-......................................................... 3. -,r- liln li l-i,il-i | n- -| i inni - -ir ,ii ni,n|,n | -,r-i ,ii inni | ii - ln- ,ii -i,r-ii i -in li i ni r l l -,r- - -ni| rni,rn|,rin| 4. -,r- li - (ll- -) lil-, s/o l-n o o li - (ll- -) l-i| s/o --n iliii i -ln i i ni,n|,n nii i ri | ii - li ,ii -,r-i l, | n| i; i| iir| -n,r- -i rin| | li..................................... r-nii - lnlli i i- -r i ii| r-nii (i- ni lrn) ........................................................................ z........................................................................ Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 16 of 48 Annexure-IV Bank 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 or prevailing at the time of submission) U.P. RAJYA VIDYUT UTPADAN NIGAM LIMITED To, 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 guarant ee 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 shall unless such interpretation is repugnant to the subject or context include their respective successors and assigns. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 17 of 48 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.P. RajyaVidyutUtpadan 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 Engineer 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 Power Station, 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 as to prevent environmental hazards, according to guidelines issued by MOEF, Government of India vide gazette Notification 763 () 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 manufacturing unit(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 have been 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 is where is basis, from the date of signing of Agreement and deposit of Security Deposit. Firm shall make arrangements 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 on monthly 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, however assistance if any shall be provided by UPRVUNL. 4. If any dispute or difference arises between the two parties, the same shall be conducted in accordance with the Arbitration and Conciliation Act 1996. All disputes of any nature shall be subject and the jurisdiction of Allahabad High Court, Allahabad. 5. UPRVUNL will not be liable legally or financially to pay any kind of damages or compensation to Firm in the event of not being able to supply dry fly ash during the period of the agreement for reasons beyond its control and decision regarding shut down and maintenance of electricity generating units will be solely of UPRVUNL and will be binding on Firm. 6. Firm shall observe all the safety rules & regulations as per Indian Factory Acts and Rules and UP Factory Act and Rules and will arrange labour insurance for their employees. In case of any accident or ishappening during installation, operation & maintenance of DFAES, Firm shall be responsible for payment of compensation to their employees as per Workmens Compensation Act and any other rules & regulations as prevalent at that point of time. 7. Any charge in GOI guidelines shall be binding on both the parties. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 18 of 48 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 shall 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. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 19 of 48 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 and commissioned 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. common for both units 2 Vacuum Pump M/s Nash, Korea Model : CL 2002 6 02 for each unit 01 in each unit 3 Instrument Air Compressors installed for main plant area M/s Ingersol Rand, Model : 7X5 ESV NL-2 3 2 1 4 Instrument Air Compressors installed for silo plant area M/s Ingersol Rand, Model : 7X5 ESV NL-2 2 1 1 5 Vent Fans Type: centrifugal, Make: Thermax 2 1 for each unit Nil 6 Silo Air Blowers (Rotary twin lob compressor) Type : AC, Size : 76 Make : M/s Sky International Ltd., Sonipat 2 1 for each unit 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 normal 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. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 20 of 48 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 extraction system. 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 both the 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 System For 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 before discharging 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, bag filter 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 separate programmable 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 of 2X500 M.W. B T.P.S., Anpara. IMPORTANT NOTE : There is no Weighing Machine installed at Silo. Hence, the bidder/buyer will have to install the Weighing Machine of 80 MT capacity at his/their own cost for weighing of dry fly ash. Executive Engineer Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 21 of 48 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 whole or any part of any tender as he may think fit 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 purchaser. 2. SUB-LETTING OF THE CONTRACT The 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 agreement duly 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 shall be responsible for execution, time frame, quality and bill verification, thereafter and shall be the Engineer of 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 Contract 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 of 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. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 22 of 48 b) Contractor has to pay the wages to his labour as per Labour act & minimum wages act. The Contractor is primarily responsible for timely and correct payment of wages to the worker employed by him for each wage period. The Nigam shall be fully indemnified against any claims or demands arising out of any sort of payment, disputes reference or award. Any delay in making payments of any running bill of the work shall not absolve the contractor of his responsibility of making payment to contract labour. The Contractor shall submit a copy of the wage sheet as per Labour (Regulation and abolition) Act. 1970 duly signed and certified 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 labour arising out of continuous employment of labour by the contractor. The contractor shall engage his employee, labour in such a way that no such liability arises on account of his award of this agreement or any 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 from this contract but also from other assets of the contractor / firm(s) Associate Firm. The contractor shall follow 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)-1970 and 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 and make 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. The contractor shall provide proper identity cards, badges etc. to his employees whenever directed by the Engineer of Contract. (b) The contractor will submit all the details about the labour prior to engagement for the said work to the Engineer 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 to the 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 factory act/Labour act/as per workmens compensation act. Department/Nigam will not be responsible for any such payment whatsoever. 13. SAFETY MEASURES: (a) The contractor shall have to follow all the safety rules/measures, particularly with respect to electrical 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/ anchor 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 misbehavior of the contractors workers, the contractor has to remove that worker from the site at once and the loss due to misbehavior 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 agreement at once without giving any notice to him. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 23 of 48 15. INSPECTION OF WORK: Time to time inspection will be done by the Nigam representative/ Engineer of Contract if work is not found up to 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 being carried out by him. He will also obtain the signature of the authorized representative of Nigam issuing the instructions to carry out the different works. Finally the register will be submitted along with the running bill for record 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. However, the 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 by the Tenderer/ contractor. Any notice to be sent to the Tenderer/ contractor by the Nigam shall be sent on the address of the Tenderer/ contractor furnished by him during tender or as intimated by him. As such, notice so sent shall be deemed as good, service and any time required to commence shall be counted from the date on which 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 Court of Allahabad. 18. All other terms & conditions shall be as per Form-A (General condition of contract for the supply of plant and the execution of works) of UPRVUNL. 19. i lin ri iin (i) lii ,ii liln l-i | -~ | n| i-i |-i -lin lii, lini i -nn n niin i -i l li l-i n- i i | -nln | in| | (ii) lii liln li l-i,il-i | n- -| i inni - -ir ,ii r| n | ,ii inni | ii - ln- ,ii i -in li i ni r l l lii - -ni| rini| l lii ,ii liln li l-i ,ii n- -| inni l i | llin liin in rin| r ni li l-,l-i i lii ,ii - i nni | n| ili i lii | i- -in, l| i l-i i inni l i rn -i li ini | (iii) lii liln li l-i,il-i | -| -| | z lnin iili ;o |o o -in| - - il-i ii i- nii s.c lnin iili lini (lii) ii i - - i li i -in| ii ii | iili (z+s.c=zr.c lnin) ii -i- ri -i| il lli in, i| ii, iii| i - -i ni | niin r| |i i i li ini | (iv) lii i ln- inni ii iili i i nni ni| li ini r -in ii, l| ri -i| il lli in, i| ii iii| ; ii i -ii lii in l -lin lii l, r| l| i i i; ii r i r| i; i ii,ii - l-n r | (v) lii li - (ll- -i) lil- s/o l-n o o li - (ll- -i) l-i| s/r lli iliii i - l- li iir| i| lln n . - li l-i i l-- z -nn n | i. lii liln il-i | li in l- - i i nn li nn -i s ii - i in | Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 24 of 48 n. il-i ii i ii - i il-i i n | n i | ln i liii| lini, iiii i ~ii lii| i i in | i. li l-i il-| i -ii, c i i ii n| li l-i -| i inni / r| n| . -| | s ii - i - il- i -| i nni i l n | s. - lii i so s l- - i nn iili li- z ii - ii -in, l-i i, l|, ii i nii ln iiii i ~ii lii|, i ni| lii, i i lin n nil ii li ,ii i| ili li- liiln lnli r | n ii i lin | i | (vi) i lin l i iin l ni - ini r l lii ,ii | -nn -i in li ni r ii -lin -i -i - r ii| in rin| r l r -ili nlnllii - ln r ii r ii| in rin| r l -lin -i ,ii -lin lliii i i-| | n| i lli li - iin ii ni ni - lli l-n i lii lii i i rini i i lii i ri i| ril i -nil- -lin -i i r| rini -lin i | lli i-ln | iir| | in|| (vii) - lii liln --n li l-i i - l-n| i rn ;o |o o ii lnn ;o |o o l- zs sA | ln i in| liii| lini Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 25 of 48 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 words shall have the meaning herein assigned to them unless there is anything in the subject or context inconsistent 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 shall include 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 to whom any part of contract has been sublet with the consent in writing of the Engineer and the heirs, legal representatives, successors and assigns of such person. The Engineer shall mean the officer placing the order for the work with the Contractor and such other officer as may be duly authorized and appointed in writing by the Purchaser to act as Engineer for the purposes of the Contract and, in case no such officer has been so appointed, the Purchaser or his duly authorized representative. Plant, Equipment, Material, Work, or Works shall mean respectively the plant and materials to be provided and work or works to be done by the Contractor under contract. The contract shall mean and include the General Conditions, Specifications, Schedules, Drawings, Form of Tender, Covering Letter, Schedule of Prices or final General Conditions, Specifications and Drawings and 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 Schedules thereto (if any). The Site shall mean the site of the proposed work as detailed in the Specification or any other place in U.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 the Contractor 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 is commercially capable. Month shall mean calendar month. Writing shall include any manuscript, type written or printed statement, under or over signature or seal as the case may be. Words importing persons shall include Firms, Companies, Corporations and other bodies whether incorporated 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 meaning of any portion of these General Conditions or of the specifications he shall, before signing the contract, set forth the particulars thereof, and submit them to the Engineer in writing in order that such doubt may be removed. 3. Contract: - A general agreement shall, if required by the Purchaser, be entered into between the Purchaser and Contractor for the proper fulfillment of the Contract. Further, if required by the Purchaser, the Contractor shall deposit with the Purchaser as security for the due and faithful performance of the contract such sums not being less than one percent of the total value of the Contract as may be fixed by the Purchaser 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 import license fee will, in each case, have to be paid by the contractor; import license may have to be taken in Nigams name. After the tender has been accepted by the Purchaser all orders or instructions to the Contractor shall, except 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 of the General Arrangement of the works to be carried out and such detailed drawings, other than shop drawings, as may be reasonably necessary. Within fourteen days of the receipt of such drawings the Engineer shall signify his approval or otherwise of the same, and in the event of his disapproving the drawings, the contractor shall submit further drawing for approval. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 26 of 48 Within a reasonable period of the notification by the Engineer to the contractor of his approval of such drawings, three sets in ink on tracing cloth or Ferro Gallic prints mounted on the cloth, of the drawings as approved shall be supplied to him by the Contractor and be signed by him and by the contractor respectively 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 the Engineer, and shall not be departed from in any way whatsoever except by the written permission of the Engineer hereinafter provided, during the execution of the works, one of the sets of drawing shall be available for reference on the site. In the event of Contractor desiring to possess a signed set of drawings, he shall supply four sets instead of three 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 shop drawing which may reasonably be required for the purpose of the Contract and may make a reasonable charge for such copies. The Engineer, or his duly authorized representative, whose name shall have previously been communicated in writing to the contractor, shall have the right, at all reasonable times, to inspect, at the factory 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 work due to any discrepancies, errors, or omission in the drawings or other particulars supplied by him, whether such drawing or particulars have been approved by the Engineer or not, provided that if such discrepancies, errors or omissions are due to inaccurate information or particulars furnished to the Contractor by the Engineer, 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 plan shall be taken as correct. 6. Sub letting of contract:-The Contractor shall not, without the consent in writing of the Engineer or Purchaser, which shall not be unreasonably with held, assign or sublet his Contract, or any substantial part thereof, other than for raw materials, for minor details, or for any part of the work of which the makers are named in contract, provided that any such consent shall not relieve the contractor from any obligation, duty or responsibility under the Contract. 7.Patent rights:- In the event of any claim or demand being made or action being brought against the Purchaser for infringement or alleged infringement of Letters Patent, in respect of any machine, plant work or thing used or supplied by the Contractor under this Contract or in respect of any method of using or working by the Purchaser of such machine, plant, work or thing, the contractor will indemnify the Purchaser against such claim or demand and all costs and expense arising from or incurred by reasons of such claim or demand PROVIDED THAT the Purchaser shall notify the Contractor immediately any claim is made and that the Contractor shall be at liberty, if he so desires, with the assistance of the Purchaser, if required. But at the Contractors own expense, to conduct all negotiations for the settlement of the same or any litigation that may arise there from and PROVIDED THAT no such machine, plant work or thing shall be used by the Purchaser for any purpose or in any manner other than that for which they have been supplied by the Contractor and specified under this Contract. 8.Quality of materials:-the plant shall be manufactured and constructed in the best and most substantial and most 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 avoid damage 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 as the Specification may define and the cost of packing and, unless otherwise agreed, important duties and customs 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, and watching of all works other than transmission lines comprised in the Contract and for the proper provision of temporary roadways, footways, guards and fences of the work for accommodation and protection of foot passengers 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 and watchmen to protect and warn the public and guard the work of transmission lines and in case the Contractor fails to make such provisions or the provision made by him is considered by the Purchaser to be inadequate, the Purchaser may make such provision or further provisions as he may consider necessary and charge the cost thereof to the Contractor. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 27 of 48 For all works:-If during the period of erection of a plant the contractor or his workmen or servants shall injure or destroy any part of a building or other structure contiguous to the work in progress or if any damage shall be caused from any cause whatsoever to other work whether in progress or completed forming part of the work for which the plant is being installed or if any imperfections become apparent in these works the causes of which imperfections are attributable to the contractor or his workmen or servants, the Contractor shall make good such damages and imperfections and if he fails to do so within a reasonable time, the Purchaser may cause the same to be made good and may deduct the cost thereof from 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 or the Specification shall be made by the Engineer; but the Engineer shall have full power, subject to the proviso hereinafter contained, from time to time during the execution of contract by notice in writing to instruct the contractor to make such variations without prejudice to the contract, and the contractor shall carry out such instructions, and he bound by the same conditions, as for as applicable, as though the said variations occurred in the specification. If any suggested variation would, in the opinion of the contractor, if carried out, prevent him from fulfilling any of his obligations or guarantees under the contract, he shall notify the Engineer thereof in writing, and the Engineer shall decide forthwith whether or not the same shall be carried out, and if the Engineer confirms his instructions, the contractors obligations and guarantees shall be modify to such extent as may be justified. The difference of cost, if any, occasioned by any such variations, shall be added to, or deducted from, the Contract price as the case may require. The amount of such difference, if any shall be ascertained and determined in accordance with the rates specified in the Schedules of price, so far as the same may be applicable, and where the rates are not contained in the said Schedules, or are not applicable they shall be settled by the Engineer and Contractor jointly, as far as possible, before such variations are carried out: Provided that the Purchaser shall not become liable for the payment of any charges in respect of any such variations, unless the instructions for the performance of the same shall have been given in the writing by the Engineer. In the event of the Engineer requiring any variations, such reasonable and proper notice shall be given to the contractor as will enable him to make his arrangements accordingly, and in case where goods or materials have already been prepared, or any designs, drawings or patterns have been made or work done that require to be altered, the Engineer shall allow such compensation in respect thereof as he shall consider reasonable. Provided that no such variation shall, except with the consent in writing of the Contractor, be such as will involve 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 work which either then or later will, in the opinion of the contractor shall, as soon as reasonably possible after the receipt 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 shall refuse or neglect to comply with any reasonable orders given to him in writing by the Engineer in connection with work, or shall contravene any provision of the contract, the purchaser may give seven days notice in writing to contractor, to make good the failure, neglect or contravention complained of, and if the Contractor shall fail to comply with the notice within a reasonable time from the date of service thereof in the case of a failure, neglect or contravention capable of being made good within that time, then and in such case the Purchaser shall be at liberty to employ other workmen, and forthwith perform such work as the contractor may 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 or provide any other materials, tool, tackle or labour for the purpose of completing the work, or any part thereof, and in that event the purchaser shall without being responsible to the Contractor for fair wear and tear as the same, have the free use as all the materials, tools, tackle or other things which may be ob the site, for use at any time in the Connection with the work to the exclusion of any right of the Contractor over the same, and the Purchaser shall be entitled to retain and apply any balance which may be otherwise due on the Contract by him to the Contractor or such part thereof as may be necessary to the payment of the cost of the executing such work as aforesaid. If the cost of executing the work as aforesaid shall exceed the balance due to the Contractor, and the Contractor fails to make good the deficiency, the Purchaser may recover it from the Contractor in any lawful manner or the Purchaser may sell the said materials, tools, tackle or other thing Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 28 of 48 belonging to the contractor, and the proceeds of such sale be applied towards the payment of such deficiency and the cost of and incidental to such sale and any balance remaining after crediting the same shall be paid to the Contractor on the certificate of the Engineer, provided that when all expenses, costs and charges incurred in completion of the work are paid by the Contractor, all such materials, tools, tackle or other 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 a Corporation commence to be wound up except for reconstruction purpose or carry on its business under a receiver, 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 in writing to the Purchaser and shall for one month during which he shall take all reasonable steps to prevent a stoppage of the works, have the option of carrying out the Contract subject to his or their providing such guarantee as may be required by the Purchaser, but not exceeding the value of the work, for the time being remaining unexecuted. In the event of stoppage of the works period of the option under this clause shall be fourteen days only: Provided that, should be above option not the exercised, the Contract may be determined by the Purchaser by notice in writing to the Contractor, and the Purchaser may exercise the same power which he could exercise and will have the same rights which he would have under the last preceding 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 reasonable times, access to the Contractors premise, and shall have the power, at reasonable times, to inspect and examine 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 duly authorized representative permission to inspect it as if the plant was manufactured on Contactors now premise. The Engineer shall, on giving seven days notice in the writing to the contractor setting out any grounds of objections which he may have in respect of work, be at liberty to reject all or any plant or workmanship connected with such work, which, in his opinion, are not in accordance with the Contract or are, in his opinion defective for any reason whatever Provided that if such notice be not sent to the Contractor within reasonable time after the grounds upon which such notice is based have come to knowledge of the Engineer, he shall not be entitled to reject the said plant or workmanship on such grounds. Unless specifically 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 the Engineer or his said representative, if so desired, shall on giving 24 hours previous notice in writing to the contractor, attend at contractors premises within seven days of the date on which 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 the Engineer duly certified copies of the test in duplicate. Test at contractors premises: - In all cases where the contractor provided test, whether at the premises of the Contractor or of any sub-contactor, the contractor, except where otherwise specified, shall provide, free of charge, such labour, materials, electricity, fuel, water, stores, apparatus, and instruments as may reasonably be demanded to carry out efficiently such test of the plant in accordance with the contractor and shall 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 the Purchasers as variations under clause12. When the tests have been satisfactorily completed at the contractors works the Engineer shall issue a certificate to that effect. Test on site:- In all cases where the Contractor provides for tests on the site the Purchaser, except where otherwise 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 of the contractor required electricity for test on site such electricity shall be supplied to the contractor in the most convenient form available. 16.Delivery of plant:- The plant or material shall not be forwarded until shipping/ dispatch instructions shall have been given to the contractor. Notification of delivery or dispatch in regard to each and every consignment shall be made to the purchaser immediately after dispatch or delivery. The supplier shall further supply to the consignee a priced invoice and packing account of all store delivered or dispatch by him. All packages, containers, bundles and loose Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 29 of 48 materials forming part of each and every consignment shall be described in full in the packing account, and full details of the contents of packages and quantity of materials shall be given to enable the consignee to check 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 the contractor by the purchaser in reasonable time, and the purchaser shall have any foundations to be provided by him ready when required by the contractor. Where a crane is available, its safe lifting a capacity shall be stated in the specification, and it shall be available for free use of the contractor until the plant is taken over. Only applicable to complete erection contractions:- The work, so far it is carried out on the Purchasers premises, shall be carried out at such time as the purchaser may approve, and so as not to interfere unnecessarily with the conduct of the purchasers business, but the purchaser 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 authorized agents shall, except with the special permission in writing, of the Engineer or his representative, be allowed to do any work on the site in connection with the erection of the work but access to the works shall at all times be accorded to the Engineer and his representatives and other authorized officials or representatives of the purchaser. The contractor shall permit the execution of work by other contractors or tradesmen whose names shall have been previously communicated in writing to the contractor by the Engineer, and afford them every facility 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 reasonable satisfaction of the Engineer. If supervision of erection or complete erection is included in the contract, the contractor shall be responsible for the correctness of the positions, levels and dimension of the work according to the drawings, notwithstanding that he may have been assisted by the Engineer in setting out the same. 19.Engineers Decisions:- In respect of all matter, which are left to the decision of the Engineer, including the granting or withholding of certificates, the Engineer shall, if required to do by the contractor, give in the writing a decision thereon and his reasons for such decision. If the decision is not accepted by the contractor the matter will, at the request of the contractor, be referred to arbitration under the provision for arbitration hereinafter contained, but subject to this right of reference to arbitration such decision shall be final and binding on the contractor. 20.Contractors representative and workmen:-If the supervision of the erection or complete erection is also included in the contract, the contractor shall employ at least one competent representative, whose name or names shall have previously been communicated in writing to the Engineer by the contractor, to superintend the erection of plant and the carrying out of the works. The said representative, or if more than one shall be employed, then one of such representatives shall be present on the site during working hours, and any written orders or instructions which the Engineer or his duly authorized representative whose name shall have been previously communicated in writing to the contractor may give to the said representative of the 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 the execution of or otherwise about the works who shall in his opinion misconduct himself or be incompetent or negligent, and the contractor shall remove the person so object to upon receipt from the Engineer of notice in writing requiring him so to do, and shall provide in his place a complete representative at the contactors expense. The purchaser shall provide suitable living accommodation on the site for the use of contractors representative unless the contractor exempts him from this liability. 21.Liability for accident and damage:-The contractor shall be responsible for loss, damage or depreciation of the plant until the same is taken over under clause 35 or is deemed under that clause to have 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 prior to 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 be liable 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. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 30 of 48 Provide that the contractor shall not be liable for any loss of profit or loss of contractor or any other claim made against the purchaser not already provided for in the contract, nor for any injury or damage caused by or arising from the acts of the purchaser or of any other person or due to circumstances over which the contractor has no control, nor shall his total liability for loss, damage or injury under this clause exceed the total value of the contract. The contractor will indemnify and save harmless the purchaser against all actions, suits, claims, demands, costs, or expenses arising in connection with injuries (Other than as may be attributable to the purchaser or his employees suffered prior to the date when the plant shall have been taken over under clause 35 hereof, by persons employed by the contractor or his sub-contractor on the works, whether at common law or under the workmens compensation Act, 1923, or any other statute in force at the date of contract relating to the question of the liability of employers for injuries suffered by employees, and will, if called up to do so, taken out the necessary policy or polices of insurance to cover such indemnity. Only applicable to complete erection contract:-In the event of any claim being made, or action brought against the purchaser involving the contractor and arising out of the maters referred to and in respect of which the contractor is liable under this clause, the contractor, shall be immediately notified thereof, and he shall, with the assistance, if he so requires, of the purchaser, but at the sole expense of the contractor, conduct all negotiations for the settlement of the same or any litigation that may arise there from. In such case, the purchaser, shall, at the request and expense of the contractor, afford all reasonable and available assistance for any such purpose. 22. Insurance:-The contractor shall insure the plant and shall keep it insured against loss by theft. Destruction or damage by fire, flood, undue exposure to the weather, or through riot, civil commotion, war or rebellion, for the full value of the plant is taken over under clause 35. This insurance shall also cover loss by theft on site in the case of contractors the where is responsible for complete erection, but not in other cases. 23. Replacement of defective plant or materials:-If during the progress of the work the Engineer shall decide and notify in the writing to the contractor that the contractor has executed any unsound or imperfect work, or has supplied any plant inferior in the quality to that specified, the contractor, on receiving details of such defects or deficiency, shall at his own expense, within such time as may be reasonably necessary for making it good, proceed to alter, reconstruct or remove such work, or supply fresh materials up to standard of the specification, and in case the contractor shall fail to do so the purchaser may, on giving the contractor seven days notice in writing of his intention so to do, proceed to remove the work complained of and at the cost of the contractor perform all such work or supply all such materials, provided that nothing in this clause shall be deemed to deprive the purchaser of or affect any right under the contract which he may otherwise have in respect of such defects or deficiencies. 24. Deduction from contract price:-All the cost damages or expenses, which the purchaser may have paid, for which under the contract the contractor is liable, may be deduct from purchaser from any moneys due or which may become due by him to the contractor under the contract, or may be recovered by suit or otherwise from the contractor. Any sum of money due and payable to the contractor (including security deposit returnable to him under this contract) may be appropriated by the purchaser and set off against any claim of the purchaser for the payment of a sum of money arising out of or under any other contract made by the contractor with the purchaser. 25. Terms of Payment:- 1. Subject to any deduction which the purchaser may be authorized to make under the contract, or subject to any additions or deductions provided for under clause 12 the contractor shall be entitled to payments as follows. a.Eighty percent of the F.O.R. contract value of the plant in rupees on receipt by the purchaser of the contractors invoice giving the number and date of the railway receipt covering the dispatch of the plant from the Indian port and of the advice note giving case number and contents, together with a certificate by the contractor to the effect that the plant detailed in the said advice not has actually been dispatched under the said railway receipt and that contract value of the said plant so dispatched is not less than the amount entered in the invoice. b.Ten percent of the F.O.R. contract value of the plant on satisfactory completion of test and taking over the plant. c. Ten percent of the F.O.R. contract value of the plant at the end of twelve months from the date of taking over. D.For the erection of the plant, in proportion of the progress of the work on the receipt by the purchaser of the monthly invoices submitted by the contractor supported by the certificates of the Engineer. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 31 of 48 2. If at the time at which either of the installments due under sub clause (b) and (c) of clause (1) hereof becomes payable there are minor defects in the plant which are not of such importance as to affect the full commercial use of the plant, then the purchaser shall be entitled to retain only such part of the installment then due as represents the cost of making good such minor defects and any sum so retained shall, subject to the provisions of clause 36, become due upon such minor defects being made good. 3. If the purchaser desires that the plant or any portion should not be dispatched by the contractor when it is due for dispatch, the contractor shall store such plant or portion at his works and be responsible for all risks. For such storage the purchaser shall pay to the contractor at a rate to be mutually agreed upon between the parties, but not exceeding 5 s (five shilling) per ton per week payable quarterly plus interest at one percent per annum above the current rate of the State Bank of India on 80 percent of the contract value of the plant or portion thereof so stored, for the period from the date on which the said plant or portion becomes due and is ready for shipment up to the date on which it is actually shipped. 25A. In the event of the Supplier/ Contractor/ Company not being able to supply the materials or to carry out the works in accordance with the terms of this contract, the Board/ Purchaser/ Owner shall have the right to recovered any sum advanced in accordance with the clause 25 from the Supplier/ Contractor/ Company and from his/ its assets. 26. Provisional sums:-In any case where the contractor price include a provisional sum to be provided by the contractor for meeting the expenses of extra work or for work to be done or materials to be supplied by a sub-contractor, such sum shall be expended or used, either wholly or in part, or be not used, at the discretion of the Engineer and entirely as he may decide and direct. If no part or only a part thereof be used then the whole or the part not used, as the case may be, shall be deducted from the contract price. If the sum used is more than such provisional sum the contractor shall pay the excess. In the case of materials supplied or work done by a sub-contractor, the total of the net sums paid to the sub-contractor on account of such materials or work and a sum equal to 10 percent of such net sum allowed as contractors profit shall be deemed to be the sum used. None of the works or articles to which such sum of money refers shall be done or purchased with-out the written order of the Engineer. The contractor shall allow the sub-contract every facility for the supply of the materials or execution of their several works simultaneously with his own, and shall, within fourteen days after the Engineer has requested him in writing so to do, pay the dues of such sub-contractors on account of such materials or works: PROVIDED ALWAYS that the contractor shall have no responsibility with regard to such works or articles unless he shall have previously approved the sub-contract and/ or the materials or plant to be supplied. 27. Certificate of Engineer:-Every application to the Engineer for a certificate must be accompanied by a detailed invoice (in duplicate) setting forth in the order of the Schedule of prices, particulars of the plant supplied and the certificate as to such plant as in the reasonable with the contractor shall be issued within fourteen days of the application for the same as is reasonably necessary or communication with the site. The Engineer may, by any certificate, make any correction or modification in any previous certificate which shall have been issued by him and payment shall be regulated and adjusted accordingly. 28.Due date of payment:-Payment shall be due and payable by the purchaser in accordance with the provision of clause 25 hereof at end of the month following that in which invoices for the amounts due together with necessary documents are received by the purchaser shall not be bound to make any payment under sub- clause (a) of clause 25 unless the amount of such payment represents at least 8 percent of the total contract value of the plant. 29. Certificate not to effect rights of the purchaser or contractor:- 1. No certificate of the Engineer on account, nor any sum paid on account by the purchaser, nor any extension of time granted under clause 31 shall affect or prejudice the right of the purchaser, against the contractor, either under this Agreement or under the law, or relive the contractor of his obligation for the due performance of the contract, or be interpreted as approval of the work or of the material supplied. 2. No certificate of Engineer shall create liability in the purchaser to pay for any alteration, amendments, variations or additions not ordered in the writing by the Engineer, or absolve the contractor of his liability for the payment of damages whether due, ascertained or certified or not or of any sum against the payment of which he is bound to indemnify the purchaser, nor shall any such certificate nor the acceptance by him of any sum paid on account or otherwise affect or prejudice the right of the contractor against the purchaser, under this agreement or under the law. 30.Suspension of works:-The purchaser shall pay to the contractor all reasonable expenses, incurred by the contractor by reason of suspension of the work or delay in shipment by order in writing of the purchaser or Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 32 of 48 the Engineer unless such suspension or delay shall be due to some default on the part of contractor or sub- contractor. 31.Extension of time for completion:-The time given to the contractor for dispatch, delivery, erection or completion as the case may be shall be reckoned from the date of receipt by the contractor of the order, together with all necessary information and drawings, to enable the work to be put in hand. In all cases in which progress shall be delayed by strikes, lockouts, fire accidents, defective materials, delays in approval of drawings or any cause whatsoever beyond the reasonable control of the contractor, and whether such delay or impediment shall occur before or after the time or extension of time shall be granted. 32. Price reduction clause:-If the contractor shall fail in the due performance of his contract within the time fixed by the contract or any extension thereof the contractor agrees to accept a reduction of the contract price by half percent per week reckoned on the contract value of such portion only of the plant as cannot in consequence of the delay be used commercially and efficiently during each week between the appointed or extended time as the case may be and the actual time of acceptance under clause 35, and such reduction shall be in full satisfaction of the contractors liability for delay, but shall not in any case exceed 10 percent of the contract value of such portion of the plant. 33.Test on completion:-Whenever possible all test shall be carried out before shipment, should, however, it be necessary for the final test as to performance and guarantees to be held over until the plant is erected at site, they shall be carried out in the presence of the contractors representative within one month of the completion of erection. If the result of these tests shall not come within the margin specified, the tests shall, if required, be repeated within one month from the date, the plant is ready for re-test and the contractor shall re-pay to the purchaser all reasonable expenses to which he may be put by such tests. 34. Rejection of defective plant:-If the completed plant or any portion thereof before it is taken over under clause 35, be found to be defective, or fails to fulfill the requirements of the contract, the Engineer shall give the contractor notice setting forth particulars of such defects or failure, and the contractor shall forthwith make the defect good, or alter the same to make it comply with the requirements of the contract. If the contractor fails to do so within a reasonable time the purchaser may reject and replace, at the cost of the contractor, the whole or any portion of the plant, as the case may be, which is defective or fails to fulfill the requirement of the contract. Such replacement shall be carried out by the purchaser within a reasonable time and at a reasonable price, and where reasonably possible to the same specification and under competitive conditions. In case of such replacement by the purchaser the contractor shall be liable to pay to the purchaser the extra cost, if any, of such contract, such extra cost being the ascertained difference between the price paid by the purchaser, under the provisions abovementioned, for such replacement and the contract price for the plant, so replaced. And also to repay any sum paid by the purchaser to the contractor, in respect of such defective plant. If the purchaser does not so replace the rejected plant within a reasonable time, the contractor shall be liable only to repay to the purchaser all moneys paid by the purchaser to him in respect of such plant. In the event of such rejection, the purchaser shall be entitled to the use of the plant in a reasonable and proper manner for a time reasonably sufficient to enable him to obtain other replacement plant. During the period the rejected plant is used commercially the contractor shall be entitled to a reasonable sum as payment for such use. 35. Taking over:-Where the specification calls for the performance tests before shipment and these have been successfully carried out, the plant shall be accepted and taken over when it has been satisfactorily put into operation, whichever shall be the earlier and the Engineer shall forthwith issue a Taking over certificate. In the event of final or any outstanding tests being held over until the plant is erected, such taking over certificate shall be issued subject to the results of such final or outstanding tests shall be carried out in accordance with clause 33. When the specification calls for tests on site the plant shall be taken over and the Taking- over certificate issued immediately after such tests have been satisfactorily carried out. If for any reason other than the default of the contractor such last mentioned tests on site shall not be carried out within one month of notice by the contractor to be purchaser of the plant being ready for test the plant shall be deemed to have been taken over as on the last day of such period and payment due to the contractor on taking over shall be made, but nevertheless the contractor shall if called upon so to do by the purchaser, but at the purchasers expense make the said test during the maintenance period and accept as aforesaid under the same obligations as specified in clause 33. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 33 of 48 The Engineer shall not delay the issue of any Taking over certificate contemplated by this clause on account of minor deficiencies of material or defects in the plant which do not materially affect the commercial use thereof provided that the contractor shall undertake to make good the same in due course. 36. Maintenance:-For a period of 12(twelve) calendar months commencing from the date on which the plant is taken over is deemed to have been taken over under clause 35 (called the Maintenance period), the contractor shall remain liable to replace any defective parts that may develop in plant of his own manufacture or those of his sub-contractors approved under proper clause 6 under conditions provided for by the contract under proper use and arising solely from faulty design, materials or workmanship : Provided Always that such defective parts as are not repairable at site and are not essential in the meantime to the maintenance in commercials use of the plant, the promptly returned to the contractors works at the expense of the contractor unless otherwise arranged. If it become necessary for the contractor to replace or renew any defective parts of the plant under this clause, the provision of the first paragraph of this clause shall apply to the parts of the plant so replaced or renewed until the expiration of six months from the date of such replacement or renewal or until the end of the above mentioned period of twelve months, which ever may be latter. If any defect be not remedied within a reasonable time, the purchaser may proceed to do the work at the contractors risk and expense, by without prejudice to any other rights which the purchaser may have against the contractor in respect of such defects. The repaired or new parts will be delivered on accordance with clause 10. The contractor shall bear reasonable cost of minor repairs carried out on his behalf at site. At the end of the Maintenance period the contractors liability shall cease. In respect of goods not covered by the first paragraph of this clause, the purchaser shall be entitled to the benefit of any guarantee given to the contractor by the original supplier or manufacturer of such goods. 37. Regulation of local authorities:-The purchaser shall, throughout the continuance of the contractor and in respect of all matters arising in the performance thereof, serve all notices and obtain all consents, wayleaves, approval, and permission required in connection with regulations and by-laws of any local or other authority which shall be applicable to the works. All works shall be executed in accordance with the Indian Electricity Rules, 1956, and any statutory modifications thereof, wherever are applicable, unless otherwise agreed to in writing by the Engineer. 38. Arbitration:-If at any time any dispute or difference or controversy shall at any time rise between the contractor on the one hand and the U.P. State Electricity Board and the Engineer of the contract or the other touching the contract, or as to the true construction, meaning and intent or any part or condition of, or payment for the same, or as to the true intent, meaning, interpretation, construction or effect of the clauses of the contract, specifications or drawings or any of them, or as to anything to be done committed or suffered in pursuance of the contract or specifications or as to the mode of carrying the contract into effect, or as to the breach of alleged breach, or as to obviating or compensating for the commission of such breach, or as to any other matter or thing, whatsoever connected with or arising out the contract, and whether before or during the progress or dispute shall be referred for adjudication to the chairman, U.P.V.U.N.L. or to any other person nominated by him in his behalf and his decision in writing shall be final, binding and conclusive. The submission shall be the Indian Arbitrator Act, 1940 or any statuary modification thereof. The arbitrator may from time to time with consent of the parties enlarge the time for marking and publishing the award. Upon every or any such reference, the costs of, an incidental to, the reference and award respectively shall be competent to determine the amount thereof or direct the same to be taxed as between solicitor and client or as between party and to direct by whom and to whom and in what manner the same shall be borne and paid. Work under the contract shall, if reasonably possible, continue during the arbitration proceedings, and no payment due or payable by the Nigam shall be withheld on account of such proceedings. 39. Construction of contract:-The contract shall in all respect be construed and operate as a contract as defined in the contract Act, 1872 and all payments thereunder shall be made in rupees unless otherwise specified. 40.Marginal notes:-The marginal note to any clause of this contract shall not affect or control the construction of such clause. EXECUTIVE ENGINEER Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 34 of 48 Other General Terms & Conditions 1. The firm will abide by all the general security rules / procedures and have to keep the records of fly ash lifted on daily basis and submit a certificate on bi-monthly basis to acknowledge the lifted quantity o fly ash for manufacturing of PPC. 2. The entire housekeeping and cleaning of whole DFAES area will be the responsibility of firm. 3. Firm will actually use the lifted quantity of fly ash for manufacturing of their product/PPC only and trading of fly ash will not be permitted. 4. All cost necessary for modification of system required for taking fly ash from DFAES of 2X500 M.W. B T.P.S, Anpara, if any, shall be born by the firm / bidder subject to prior approval of Chief Engineer (L-1), ATPS, Anpara. UPRVUNL shall not bear any part of that cost. 5. Firm will develop gren belt on an area not more than 5 hectare land ear marked by UPRVUNL for the purpose by planting the 5000 Nos of non-toxic Indian species plant such as Neem, Peepal, Kadam, Jangali Jalebi, Sheesham, Imli etc. However, the cost of plant and their maintenance shall be born by the firm. The plant shall remain the properties of UPRVUNL. Water required for irrigating the plant shall be supplied by UPRVUNL free of cost. 6. In case of any dispute / doubt / clarification on the day to day basis, the firm shall contact Engineer-in charge (Executive Engineer, Ash Handling Maintenance Division, 2X500 M.W., B T.P.S., Anpara) / Chief Engineer (O&M), 2X500 M.W. B T.P.S., Anpara or any other person as designated by him, whose decision shall be final and binding. 7. UPRVUNL shall not be responsible for supply of any specific quality and grade of fly ash to firm. The Dry Fly Ash shall be supplied on as is where is basis. 8. The area around / under the Silo and other related places shall be kept clean by the firm at its own cost. The spilled ash, collected by cleaning, shall be cleared and disposed of from the areas as directed by the Engineer-in charge (Executive Engineer, Ash Handling Maintenance Division, 2X500 M.W., B T.P.S., Anpara) / Chief Engineer (O&M), 2X500 M.W. B T.P.S., Anpara or any other person as designated by him. 9. Firm shall use only rubber tyre vehicles for transportation of fly ash so that UPRVUNL roads are not subjected to any undue wear and tear. 10. All vehicle of the firm, which will carry fly ash shall be liable of checking by the Project Security Personnel for ensuring of safety regulations enforced in the area time to time. The firm shall indemnify UPRVUNL against all possible thefts, pilferage etc. of the UPRVUNLs property by their workmen or any member of their establishment. The firm must ensure that the fly ash must be transported through closed vessels carriers. 11. UPRVUNL reserve the right to terminate the contract earlier for non-fulfillment of any of the conditions as stipulated in the contract without prejudice to any other proceedings that may be taken by UPRVUNL. Such termination will not entitle the firm to any claim for compensation of any kind whatsoever. 12. No part of this agreement shall be sublet or transferred by way of Power of Attorney authorizing others to act on behalf of the firm. 13. Firm shall arrange for all the necessary tools, safety appliances etc. for the workmen for collection, handling and transportation of fly ash. 14. Firm shall indemnify and save harm to the property of UPRVUNL Project against all action, claims, suits, demands, cots or expenses arising in connection with injuries suffered during the Agreement period by persons employed by firm on the works whether under the General Law or under the Workmens Compensation Act 1923 or any other statute in forced during the currency of Agreement. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 35 of 48 15. If any time during the currency of Agreement, UPRVUNL want to use total or part of the Dry Fly Ash generated for their own purpose, the firm will not have any claim for the same. 16. As per provision of Gazette Notification 1799, dated 03.11.2009 of Ministry of Environment & Forest, Govt. of India, firm shall have to forgo / give up to 20% of Dry Fly Ash of their quota to the brick /tiles manufacturers, if there is such demand from them. The firm shall not make any payment to UPRVUNL towards the quantity of ash supplied to brick / tiles manufacturers through the bidders / firms quota reduction. 17. Liability for damages to works or plants : Firm shall, during the currency of Agreement, properly protect the work / plant and shall take every reasonable, proper, timely and useful precaution against accident or damage/injury to the same for any cause and shall remain answerable and liable for all accidents or damages/injuries thereto which until the same be or deemed to be or be occasioned by the acts or commissions of or their contractor or their workmen and all losses and damages to the work/plant arising from such accidents or injuries as aforesaid shall be made good in the most complete and substantial manner by and at the cost of the firm and to the reasonable satisfaction of the Chief Engineer (O&M), 2X500 M.W. B T.P.S., Anpara or any other person as designated by him. 18. FORCE MAJEURE : 1. Force Majeure shall mean any event beyond the control of the supplier/UPRVUNL or of the buyers, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected. Force Majeure shall include, but not limited to, the following events and circumstances : a. Flood, cyclone, lightening storm, tidal wave, hurricane, tornado, earth quake, land slide, epidemic or other act of God. b. War (whether declared or not), riot, civil war, blockade, insurrection. c. Illegal strike or illegal lock out. 2. Act of Governmental instrumentality having jurisdiction occurring after the date of this Agreement, including the issuance of promulgation of any court order, law, statute ordinance, rule, regulation or directive, the effect of which would prevent, delay or make unlawful a partys performance herein, provided that executive acts of a Governmental instrumentality in the capacity of a share holder or Seller of either party shall not for the purpose of this Agreement be considered as Force Majeure event. 3. If either party is prevented, hindered or delayed from or in performing any of its obligation 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 with in 1fourteen (14) days after the occurrence of such event. 4. The party who has given such notice shall be excused from the performance or the punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such partys performance is prevented, hindered or delayed. The time for completion shall be extended after mutual discussion. 5. The Party or Parties affected by the event of Force Majeure shall use reasonable effort to mitigate the effect thereof upon its or their performance of Contract and to fulfill its or their obligations under the Contract, but without prejudice to Suppliers right to terminate the Contract under Special Conditions of Contract. 6. Delay or non-performance by either party hereto caused by the occurrence of any event of Force Majeure shall not constitute a default or breach of the Contract. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 36 of 48 7. If the performance of the Contract is substantially prevented, hindered or delayed for a single period of more than thirty (30) days or an aggregate period of ninety (90) days on account of one or more event of Force Majeure during the currency of Contract, the parties will attempt to develop a mutually satisfactory solution, failing which, the dispute shall be resolved in accordance with Special Conditions of Contract. 8. The event of prohibition imposed by Govt. of India/competent authorities making impossible to perform the Contract, may be termed as Force Majeure and neither party shall be liable for compensation of damages due to non-performance. 19. Insurance: The Buyer shall fully responsible for maintaining all the insurances as per law of land at its own cost. Executive Engineer SIGNATURE with SEAL OF CONTRACTOR Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 37 of 48 SPECIAL CONDITIONS FOR SUPPLY OF DRY FLY ASH 1. Earnest Money : Tender must be accompanied with Earnest Money amounting to Rs. 15.00 Lakh in shape of FDR/ CDR/ Demand Draft in favour of Dy. C.A.O., Anpara A Thermal Power Station, payable at Anpara. Tender without requisite earnest money shall be rejected. The earnest money must be submitted in separate sealed cover indicating the name of work, name of the bidder on its top, date of opening of tender etc. 2. Security Deposit : Upon acceptance of tender, the successful tenderer shall, with in two weeks after the tender has been accepted, deposit additional amount in the form of Demand Draft in favour of Dy. C.A.O., Anpara A Thermal Power Station, payable at Anpara, amounting to Rs. 25.00 Lakh (Rs. Twenty Five Lakh), which together with the Earnest Money will be considered as Security Deposit which shall be released after successful completion of Agreement. No interest shall be payable on the said amount of Security deposit. Any payment due / payable to U. P. Rajya Vidyut Utpadan Nigam Ltd. Shall be adjusted from Security Deposit. 3. Dry Fly Ash Extraction System (DFAES), Weighing Machine and their O&M : a. There is no Weighing Machine installed at existing DFAES of 2X500 M.W. B T.P.S., Anpara. Hence, the bidder/buyer will have to install the Weighing Machine of 80 MT capacity at his/their own cost for weighing of dry fly ash. The Weighing Machine shall be calibrated by authorized agency in presence of authorized representative of UPRVUNL. b. Operation and maintenance (O&M) of existing DFAES of 2X500 M.W. B T.P.S., Anpara, already installed by UPRVUNL, as well as the maintenance of weighing machine to be installed by the bidder / buyer(s), shall be done by the bidder / buyer(s) of fly ash at his/their own cost. However, the operation of the weighing machine shall be carried out by UPRVUNL. The spares to be made available for O&M / R&M of DFAES of Anpara BTPS (As per List enclosed at AnnexureA) shall be provided to successful bidder(s) / buyer(s) by UPRVUNL free of cost. However, the cost of installation & commissioning of these spares shall have to be borne by the bidder(s) along with O&M of the system except that for the job mentioned at Sl. No. 1(b) of Annexure-A. c. If there are more than one firm are allowed to lift the dry fly ash, the cost of O&M of DFAES and weighing machine as well as cost of installation of weighing machine shall be born by all such firms on pro-rata basis of quantity of dry fly ash allotted/lifted. d. No cost towards O&M of DFAES and weighing machine as well as cost of installation of weighing machine shall be reimburse by UPRVUNL at any stage. 4. Period of Agreement : a. The period of agreement will be for a period of 05 (five) years b. The date of start of the agreement shall be reckoned from the date of signing of agreement. The bidder/firm/buyer of the fly ash will arrange to sign the agreement with in 30 days of the issue of letter of acceptance; otherwise UPRVUNL shall have all rights to take decision in the best interest of Nigam. c. If the life of power plant expires before the said period, the supply period will be curtailed accordingly and this will not become a cause of any compensation to the bidder whatsoever. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 38 of 48 d. The agreement period may be extended by a period of two years, if both the parties viz. UPRVUNL and bidder agree for the same, with the price of fly ash adjusted as per provision of clause stated herein this document. If the bidder is not interested for further lifting of dry fly ash beyond the contract period then UPRVUNL will have the right to take over the Weighing Machine, installed by the bidder, at the depreciated cost arrived at by standard prevalent practices. 5. Rates : a. The price quoted by the bidder(s) shall remain fixed for the first ONE YEAR from the date of agreement. Thereafter, the price/rate will be subject to annual escalation/de- escalation as per whole sale price index (WPI) for Cement, issued by Ministry of Commerce and Industries, Govt. of India. However, the bidder must give due credit towards the cost of spares (being provided by UPRVUNL) while quoting the price for lifting of Dry Fly Ash. b. All statutory taxes and duties, other levies viz. Octroi etc. imposed by Govt. / local authorities shall be payable by the bidder on actual and their responsibility shall include to furnish such clearance certificate as may be asked by UPRVUNL from time to time under prevailing statutory provisions. c. The consumption of electricity shall be considered as auxiliary consumption an. The bidders are required to quote their rates accordingly. d. The contract agreement shall be bound by any directives / guide lines that may be enforced during currency of agreement by Ministry of Environment & Forest or any other Ministry of Govt. of India or Govt. of U. P. state, which have any impact on and are relevant to this agreement. 6. Delivery : a. The dry fly ash shall be supplied to the bidder by UPRVUNL on as is where is basis. b. The fly ash shall be supplied to the bidder/buyer(s) from the designated delivery point. The fly ash generated from the boiler is collected in its highly efficient ESPs. The dry fly ash accumulated in 32 Nos. hoppers of first two rows of ESP of each unit will be evacuated through DFAES in Silos, situated at about 1.5 km away from ESP and beside the Gate No. 2 of ATPS, Anpara. c. The buyer(s) shall make arrangement on their own cost for taking delivery in their own bulkers or closed trucks only. d. The UPRVUNL project shall have right to suspend the delivery of fly ash if advance amount by the bidder is not made available with UPRVUNL project by the required date and such suspension of delivery shall be to the account of bidder/buyer(s) of fly ash. e. UPRVUNL shall supply a maximum of approximately 12.5 Lakh Metric Ton per annum or 3840 Metric Ton per day of Dry Fly Ash extracted from the first two rows of ESP hoppers of 2X500 M.W. B T.P.S., Anpara. However, as the production of fly ash is dependent on electricity generation, hence it may vary according to the generation of the units of B T.P.S., Anpara and the bidder/buyer(s) will have no claim if the quantity made available at Silos is less. Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 39 of 48 7. Billing : UPRVUNL project will issue gate pass / challan from time to time and invoices for each day on weekly / fortnightly basis and shall deliver to the bidder an invoice showing the value of dry fly ash delivered, along with applicable duties / taxes cess etc. and shall be adjusted against the advance payment made by the bidder. Any statutory form like Form C etc. for claiming rebate shall be submitted by the bidder to UPRVUNL project for claiming such rebate. In case the bidder fails to submit Form C etc. before end of quarter, CST will be charged at full applicable rates. Dry fly ash will be issued on the basis of actual weighing. Weight so recorded shall be considered final. Invoice for fly ash shall be prepared on monthly basis and adjusted against advance payment. 8. Payment Terms & Bank Charges : a. Delivery shall be made against advance payment in the form of Demand Draft / Cheque at par /RTGS Bank Transfer in favour of Dy. C.A.O., Anpara A Thermal Power Station, payable at Anpara. The amount of advance shall be the value of one month of off-take quantity of dry fly ash. Advance shall be adjusted against delivery on daily basis. b. Bidder / firm will be required to deposit advance payment by 20 th of every month for deliveries of the next month. c. All bank charges shall be born by the bidder. 9. Compensation Against Short fall During Regular Take-Off : a. After commencement of first take-off, bidder will be required to lift the fly ash on regular basis on pro-rata basis in accordance with agreed quantity as per contract schedule. The bidder shall have to lift at least 75% of annual contract quantity. In case the bidder fails to lift the minimum quantity (75% of annual contract quantity), compensation @ Rs 25/- (Rs. Twenty Five) per MT will be charged on the shortfall quantity (75% of annual contract quantity - Actual quantity lifted for the year). b. Annual review of actual lifted quantity and comparison with contract quantity will be done for annual reconciliation and assessment of final compensation for the year with in one month of completion of one year. Final compensation will be calculated on yearly basis and debits / credits settled. Once compensation is finalized for the year, the same will not be considered for the successive year. c. The Engineer-in charge (Executive Engineer, Ash Handling Maintenance Division, 2X500 M.W., B T.P.S., Anpara) / Chief Engineer (O&M), 2X500 M.W. B T.P.S., Anpara may however communicate to the bidder their provisional compensation on quarterly basis by 15 th of the following month taking into account the pro-rata quarterly contract quantity. The tendered will be required to deposit such amount with in 15 days thereafter or the same shall be adjusted against Security Deposit. 10. Termination of Contract : e. The Engineer-in charge (Executive Engineer, Ash Handling Maintenance Division, 2X500 M.W., B T.P.S., Anpara) / Chief Engineer (O&M), 2X500 M.W. B T.P.S., Anpara reserve the right to terminate the contract in the event of breach of contract by the bidder giving one month notice in writing of his intension to do so and in such an event, the bidder/firm shall not be entitled to any compensation from U. P. Rajya Vidyut Utpadan Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 40 of 48 Nigam Ltd.. In the event of termination of contract for any reasons of breach of contract, the security Deposit will also be liable to be forfeited. Moreover, UPRVUNL may take over the DFAES as well as the Weighing Machine installed by the bidder/firm at the depreciated cost arrived at by standard prevalent procedures. f. In case of termination of contract, the Clause No. 10 related to compensation, as stated earlier, for that year in which termination takes place, would not be applicable. Following will be treated as Breach of Contract: a. Quantity lifted by bidder/firm during one half of a year is less than 50% of pro-rata half yearly quantity of contract (derived from annual contract quantity) during the period of contract. Half yearly quantity shall be considered from the scheduled date of start till completion of six months and so on till expiry of contract. b. Delay in first off-take by bidder by more than 21 days from the date of agreement. c. Non-compliance by the bidder/firm with operational and safety requirements and neglecting the instructions of the Engineer of Contract (E.E., AHMD, 2X500 M.W. B TPS, Anpara) / Chief Engineer (O&M), 2X500 M.W. B T.P.S., Anpara. d. Failure of bidder / firm to discharge his obligation according to the terms & conditions of the contract. 11. Shortfall in supply of dry fly ash by B T.P.S., Anpara : a. Fly ash is a product of coal combustion, which again is subject to demand of electricity in the areas allocated by the regulatory authorities. Scheduled and unscheduled shut down also affect generation of electricity and thus generation of fly ash. Though all effort will be made to maintain contract quantity of fly ash available, UPRVUNL TPS does not guarantee availability of fly ash as per contract quantity regularly and TPS will not be liable for any compensation or damages for non delivery of required quantity o fly ash. b. In case, UPRVUNL TPS is unable to provide the proportionate quarterly/half yearly contracted quantity of fly ash due to any reason including forced outage of the plant, congestion etc. TPS shall accordingly adjust the quarterly/half yearly contracted quantity downward. Under such circumstances, the determination of compensation referred as Claus No. 9 above shall be computed with respect to 75% of such adjusted quarterly/half yearly quantity. c. UPRVUNL TPS may offer additional quantity of fly ash at a later date subject to availability, if agreed by bidder. The quantity so offered and agreed by the bidder at a later stage will form a part of the annual contracted/adjusted quantity. 12. Jurisdiction of Court: If any dispute or difference arose between the two parties, the same shall be conducted in accordance with the Arbitration and Conciliation Act-1996. All disputes of any nature shall be subject to and the jurisdiction of Allahabad High Court Bench, Lucknow. I/We accept all the TERMS & CONDITIONS given in the tender document. SIGNATURE with SEAL OF CONTRACTOR Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 41 of 48 ANNEXURE-A List of Existing / in pipe line Stock of Spares & Consumables of DFAES available With BTPS, Anpara Under R&M : S. No. Description Unit QTY. Amount (Rs.) 1 (a) Atlas Copco make Transport Air Compressors, Model : ZA315-3.5 bar Actiivity No. Element-Zr, Za 652 1.3.5 No. 6 27203622 Kit-Inlet valve overhaul No. 6 Roto-Z 20 Ltr No. 2 Roto-Z Vat 209 Ltr No. 2 1 (b) Service charges for fitment of element in ZA Compressors (Work to be executed through M/s Atlas Copco (I) Ltd., Gurgaon 600000 2 8" Dome valve with pneumatic actuator system 1.3.6 No. 16 1702400 3 Nash make Vacuum Pump, Model : CL 2002 Body, Part No. 101 1.3.7 No. 5 4898385 SS Rotor (Impeller) Part No. 110 No. 2 4405360 Shaft, Part No. 111 No. 2 Shaft extension key, Part No. 111.1 No. 2 4 3" Equalizing valve assembly with pneumatic operating system 1.3.8 No. 8 277400 TOTAL (Rs.) 39087167 O&M SPARES : S. No. Name of item Rate (Rs.) Unit Qty. Amount (Rs.) 1 Adaptor oil filter 590.33 No. 2 1180.66 2 Air filter, P. No. 1621054619 19890.68 No. 2 39781.36 3 Basalt pipe, 300 mm ID 6105.00 RM 60 366300.00 4 Bushing main bearing-5834C1 4961.38 No. 2 9922.76 5 Check valve, P. No. 1202852203 106748.36 No. 1 106748.36 6 Compensator, P. No. 1621017703 139931.66 No. 1 139931.66 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 42 of 48 7 Coupling housing-1621169200 158676.70 No. 1 158676.70 8 Cover oil pump (complete), 8141 DIT 1926.53 No. 1 1926.53 9 Connecting rod complete 22524.74 No. 1 22524.74 10 Crank shaft, 8106 DIT 46500.55 No. 1 46500.55 11 Full moon fluidizing pad 877.52 No. 6 5265.12 12 Gasket for oil pump cover, P. No. 58569 57.82 No. 3 173.46 13 Gate arm, D-1850-10 554.89 No. 12 6658.68 14 Gate seat 1670.69 No. 18 30072.42 15 gate seat 1502.27 No. 12 18027.24 16 gate seat 1699.74 No. 36 61190.64 17 gate seat 1716.88 No. 2 3433.76 18 gate seat 1942.62 No. 40 77704.80 19 Gate valve, 100 mm NB 4969.60 No. 5 24848.00 20 Inner seal ring-1616645600 40068.00 No. 1 40068.00 21 Outer seal ring-1616645400 40068.00 No. 1 40068.00 22 Pressure switch, 156A11 X IP570 2317.62 No. 2 4635.24 23 Rod piston for IAC 10407.00 No. 1 10407.00 24 Seal washer 161.13 No. 12 1933.56 25 Seal washer, 066 1100031 171.72 No. 2 343.44 26 Set rubbers-1619646706 66153.54 No. 2 132307.08 27 Shaft spacer with sleeve 1492.47 No. 2 2984.94 28 Slide gate 1888.12 No. 10 18881.20 29 Slide gate 1991.54 No. 32 63729.28 30 Spring adjuster 519.12 No. 1 519.12 31 Square moon fluid pad 1374.10 No. 13 17863.30 32 STR coupling, 0580001332 92.22 No. 4 368.88 33 Teflon pulley for telescopic chutes 1287.52 No. 3 3862.56 34 Valve seat (MHV) 1976.33 No. 1 1976.33 35 Valve seat (MHV) 3464.82 No. 9 31183.38 36 Floating bearing end cone- 104 153965.44 No. 1 153965.44 37 Floating bearing end cone- 105 153965.44 No. 1 153965.44 38 Impeller wear ring (inner) 0.00 No. 42 0.00 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 43 of 48 39 Impeller wear ring 0.00 No. 8 0.00 40 Wear ring 0.00 No. 14 0.00 41 Cylinder operated RSV, 200mm 36630.00 No. 12 439560.00 42 Vacuum operated breather cylinder,200 mm 33630.00 No. 1 33630.00 43 Coupling assy., 400 mm 2442.00 No. 17 41514.00 44 Connecting rod 26642.10 No. 1 26642.10 45 Cross head complete 17085.00 No. 13 222105.00 46 Holder guide 94.86 No. 10 948.60 47 Oil pump kit 75511.80 No. 1 75511.80 48 Kit service oil cooler 1171.58 No. 2 2343.16 49 Temperature sensor 8368.05 No. 1 8368.05 50 Pressure transducer 19154.53 No. 1 19154.53 51 Module 66436.70 No. 1 66436.70 52 Gear casing seal kit 7071.50 No. 1 7071.50 53 Seal washer 55.00 No. 6 330.00 54 Spring 282.00 No. 6 1692.00 55 Air filter element P. No. 1621574399 25385.00 No. 12 304620.00 56 Oil filter element , P. No. 1614874799 8128.00 No. 12 97536.00 57 Kit service P. No. 290753000 118510.00 No. 2 237020.00 58 Kit inlet valve overhaul, P. No. 2906051500 68284.00 No. 1 68284.00 59 Kit service oil cooler P. No. 2906051200 1143.00 No. 4 4572.00 60 Temperature sensor P. No. 1089057470 8164.00 No. 1 8164.00 61 Pressure transducer P. No. 1089962536 12607.00 No. 2 25214.00 62 Pressure transducer P. No. 1089962535 11243.00 No. 2 22486.00 63 Pressure transducer P. No. 1089962535 11243.00 No. 2 22486.00 64 Solenoid valve P. No. 1089059021 54376.00 No. 1 54376.00 65 Gear casing seal kit, P. No. 2906051300 9629.00 No. 1 9629.00 66 Safety valve P. No. 0830100578 50816.00 No. 4 203264.00 67 Seal washer P. No. 0661100029 62.00 No. 12 744.00 68 Rubber set P. No. 1619646706 100698.00 No. 1 100698.00 69 Oil Cooler P. No. 1621401403 87228.00 No. 1 87228.00 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 44 of 48 70 Bush crank pin 5" STK ESV 3064.00 No. 2 6128.00 71 Bush MBH 5" STK 5855.00 No. 4 23420.00 72 Channel & spring set 1955.00 No. 2 3910.00 73 Cylinder 7X51 28128.00 No. 1 28128.00 74 Valve discharge 14870.00 No. 3 44610.00 75 element filter 563.00 No. 2 1126.00 76 filter oil 809.00 No. 2 1618.00 77 Gasket set 3918.00 No. 2 7836.00 78 Gauge 198.00 No. 1 198.00 79 Guide Valve 98.00 No. 8 784.00 80 O-Ring 35.00 No. 2 70.00 81 O-Ring 36.00 No. 2 72.00 82 Oil pump assembly 8145.00 No. 1 8145.00 83 Seal Oil 60.00 No. 2 120.00 84 Pin 1096.00 No. 1 1096.00 85 Piston 7X5 Nl Ci 7629.00 No. 1 7629.00 86 Ring & spring set 6222.00 No. 2 12444.00 87 Ring oil scrapper 4120.00 No. 2 8240.00 88 Ring Oil scrapper 4127.00 No. 3 12381.00 89 Ring piston 7" 2743.00 No. 3 8229.00 90 Ring piston U/L 125.00 No. 2 250.00 91 Ring wearing 7" 4684.00 No. 3 14052.00 92 Spring 11.00 No. 2 22.00 93 Valve auxiliary 60-125 1811.00 No. 2 3622.00 94 Valve inlet 14045.00 No. 4 56180.00 95 washer 58.00 No. 2 116.00 TOTAL (Rs.) 4241984 CONSUMABLES : 1 Bag filter (158X2500) 2711.57 No. 38 103039.66 2 Bearing 22211 2277.23 No. 8 18217.84 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 45 of 48 3 Bearing NU218 3836.66 No. 6 23019.96 4 Bearing 22220 5472.30 No. 7 38306.10 5 Welding socket 1253.75 No. 1 1253.75 6 Copper tube, 3/8" X 8" 180.00 No. 6 1080.00 7 DFA gate pass book 148.00 No. 2 296.00 8 GEC wall mounting fan 5000.00 No. 1 5000.00 9 HT hex bolt with nut & washer, M 12X240 76.97 No. 1500 115455.00 10 Half moon fluidizing pad 1106.62 No. 2.00 2213.24 11 Spittmaan gland packing, 6X6 mm 12489.40 Kg 2 24978.80 12 Spittmaan gland packing, 8X8 mm 12139.68 Kg 4 48558.72 13 90 deg MS bend, 100 mm Nb 1008.42 No. 9 9075.78 14 90 deg MS bend, 150 mm Nb 1090.74 No. 3 3272.22 15 90 deg MS bend, 80 mm Nb 965.24 No. 20 19304.80 16 Neoprene rubber gasket, 150 mm Nb 120.35 No. 60 7221.00 17 Neoprene rubber gasket, 200 mm Nb 136.68 No. 60 8200.80 18 Neoprene rubber gasket, 200 mm Nb 88.40 No. 98 8663.20 19 Steel breaded hose pipe with end fitting, 1/2" X 2' 254.20 No. 26 6609.20 20 Steel breaded hose pipe with end fitting, 1/2" X 2.5' 295.20 No. 1 295.20 21 Steel breaded hose pipe with end fitting, 3/4" X 1.5' 254.20 No. 16 4067.20 22 Steel breaded hose pipe with end fitting, 3/4" X 2' 264.45 No. 36 9520.20 23 Steel breaded hose pipe with end fitting, 3/4" X 3' 305.45 No. 12 3665.40 24 Steel breaded hose pipe with end fitting, 3/8" X 1.5' 202.95 No. 19 3856.05 25 Steel breaded hose pipe with end fitting, 3/8" X 1/2' 223.45 No. 32 7150.40 26 Square head bolt, 7/8"x3.5" 21.04 No. 100 2104.00 27 Neoprene rubber gasket, 400 mm NB 104.55 No. 108 11291.40 28 Neoprene rubber gasket, 150 mm NB 114.24 No. 22 2513.28 29 Neoprene rubber gasket, 200 mm NB 129.54 No. 246 31866.84 30 Neoprene rubber gasket, 450 mm NB 171.36 No. 14 2399.04 31 Neoprene rubber gasket, 400 mm NB 161.16 No. 124 19983.84 32 Diamond roller chain 4901.00 No. 1 4901.00 33 V- belt, SPA 1900 225.00 No. 6 1350.00 Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 46 of 48 34 V-Belt, B114 311.02 No. 25 7775.50 35 V-Belt, B-84 190.53 No. 12 2286.36 36 V-Belt, SPB-3800 473.20 No. 12 5678.40 37 V-Belt, B-104 235.04 No. 31 7286.24 38 Plummer block with sleeve, 5AA-511 4992.00 No. 2 9984.00 39 Pacmann gland packing, N-A-910, 3/16", (0.75" X 1.25") 42.23 No. 156 6587.88 40 Plummer block, S511 1279.20 No. 3 3837.60 41 Basalt pipe, 275 mm 4884.00 RM 50 244200.00 42 CI pipe, 8" 2398.00 No. 45 107910.00 43 CI lateral alloy, 8"x8"x6" 12210.00 No. 4 48840.00 44 CI elbow alloy, 8"x45 deg 12210.00 No. 1 12210.00 45 CI elbow alloy, 8"x90 deg 12210.00 No. 1 12210.00 46 CI "T" alloy, 10"x10"x8" 12210.00 No. 1 12210.00 47 Lateral basalt, 350 mm, 45 deg 18315.00 No. 1 18315.00 TOTAL (Rs.) 1048060.90 EXECUTIVE ENGINEER SIGNATURE WITH SEAL OF CONTRACTOR Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 47 of 48 PART II PRICE BID Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM TENDER NOTICE NO: 17 /CWCD-IV/ATP/2013-14 Page 48 of 48 PRICE BID 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. BILL OF QUANTITY Sl. No. Description of work Quantity Buying rate per MT of fly ash (In Rs.) 1. 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. Approximately 12.5 Lakh MT per annum Note: Rate for buying fly ash should be quoted both in figure and words for per MT. SIGNATURE WITH SEAL OF CONTRACTOR Anpara Uploading Date And Time::::: Tuesday, July 02, 2013 4:10:42 PM