n h p c ltd. (a govt. of india enterprise) tanakpur power

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N H P C LTD.(A Govt. of India Enterprise)

Tanakpur Power Station, Banbassa P.O.:-Chandani, Distt- Champawat (Uttarakhand)-262310.

Telephone no. : 05943-263045, Fax: 05943-263077.

No. NH/TPS/P&C/NIT/2009/08/1342 Dated: 27.10.2009

Notice Inviting Tender

Sealed Tenders are invited on behalf of NHPC Ltd. from registeredPWD/CPWD/MES/Railway and any other Govt. agency Public Sector undertaking or Privatesector Enterprises contractors of appropriate class for the following works at TanakpurPower Station, Banbassa, Distt. Champawat (Uttarakhand)

SrNo.

Name of Work Estimated Costin lakhs

EarnestMoney(Rs.)

Cost ofDocum

ent(Rs.)

Date of saleof tendersdocument

Last date &time forsubmission

Date & Time for Opening

Time for Completion

(1) (2) (3) (4) (5) (6) (7) (8) (9)

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Protection of LeftAfflux Bund by

providing boulderwire crates from

RD.1740m.to1845m.

2.38 5000.00

Rs.500/= +12.5 %

VAT= Rs.

563.00

04.11.2009To

03.12.2009

04.12.2009Up to

3:00 PM

04.12.2009At

3:30 PM45 days

01 The Tender documents, of above works will be issued in the office of undersigned asper dates mentioned above during office working hours i.e. 10:00 AM to 4:00 PMagainst payment of Rs.563/= by hand (non refundable) by Post Rs. 663/- (nonrefundable) in the shape of Demand Draft from State Bank of India in favour ofNHPC Ltd., Tanakpur Power Station payable at S.B.I. Banbassa (Code- 8489).Tender cost is non-refundable.

02. Tenders will be received in the office of undersigned on dates mentioned above upto3.00 PM and opened on 04.12.2009 at 3.30 PM in the presence of bidders or theirrepresentative, who choose to be present.

03. The Tender received by post after the stipulated date and time shall not beconsidered. Corporation shall not be responsible for any postal delay.

04. The EMD of for Rs. 5000/-(Rupee Five Thousand Only) in shape of Demand Draftfrom State Bank of India having validity not less than three months only mustaccompany the tender in favour of NHPC Ltd., Tanakpur Power Station payable atS.B.I. Banbassa (Code No. 8489) and shall be submitted in separate envelope.Tender not accompanied with requisite amount of EMD are liable to be rejected asnon responsive.

05. Conditional tender will be considered as non-responsive.

06. Request for issue of Tender document must be accompanied with followingdocumentary evidence, without which Tender shall not be issued:-

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a) Copy of valid registration certificate of appropriate class, Income Tax return ofprevious year along with PAN.

b) Copy of proof of EPF code allotment – issued by Regional Provident FundCommissioner & S.T./VAT/TIN issued by Sales Tax Authority.

c) In case of having experience with NHPC/CPWD/PWD/MES or any other Govt. Deptt,etc satisfactorily completed, as prime Contractor, at least one similar work equal invalue to 80% of the estimated cost of work or two works equal in value to 50% ofestimated cost of work or three works equal in value to 40% of the estimated cost ofworks for which the bid is invited, within last five years.

d) In case of having experience with Private Sector Enterprises only, the bidder shouldhave executed Civil works for not less than the estimated cost of work under asingle contract within last five years.

e) If tender opening day happens to be holiday, the next working day will be treated astender opening/submission day.

07. Tenders are to be submitted in two sealed envelopes (Envelope 1& 2) contained ina larger envelope, clearly super scribing the NIT No & Description of work on theenvelope. Envelope No 1 shall contain EMD & envelope No.-2 shall contain pricebid.

08. Intending bidders fulfilling the eligibility criteria, can download the tender documentfrom our website http://www.nhpcindia.com and quote their bid directly. Cost oftender document along with required proof of fulfilling the eligibility criteria shall besubmitted in the envelope No.1.

09. EPF certificate along with PF code issued by the regional PF commissioner shouldbe submitted and comply the all statutory requirements as per latest circular of labourlaws including EPF & MP Act, 1952 and contractor labour (Regulations & Abolition)act 1970. The contractor shall submit the bills alongwith necessary details such asname, age, address, pay details, copy of attendance register, proof of PF deductionsin respect of each contractor employee and copy of statutory return i.e. F-6A / F-3A(as applicable).

10. Under Labour Law’s Insurance of labours should be done before execution of work.11. The Corporation/Project shall have the right to reject any or all the tenders and will

not be bound to accept the lowest tender or give any reason for such decision. Also please visit our website:http://www.nhpcindia.com

For and on behalf of NHPC Ltd.

Sd/-

Manager(P&C)Distribution: (Not to be published in Local Newspapers).External:

01. Executive Engineer PWD /Irrigation, Khatima.02. Asstt. Engineer, UPID, Banbassa/ Tanakpur: with the request for wide publicity.03. Chairman. Nagarpalika, Tanakpur/ Khatima: with the request for wide publicity

Internal:

01. Chief Engineer (C), TPS, Banbassa: for kind information please.02. All Sr. Managers/Managers, TPS, Banbassa: for kind information please.

03. The Dy. Manager (HQ) TPS, Banbassa; for kind information to Chief Engineer (Incharge) please

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04. All Notice boards, Tanakpur/Banbassa, TPS, Banbassa.

N H P C LTD.(A Govt. of India Enterprise)

Tanakpur Power Station, Banbassa P.O.:-Chandani, Distt- Champawat (Uttarakhand)-262310.

Telephone no. : 05943-263045, Fax: 05943-263077.

01.N .I. T. : No. NH/TPS/P&C/NIT/2009/ 08/1342 Dated: 27.10.2009

02. Name of work : “Protection of Left Afflux Bund by providingboulder wire crates from RD.1740m. to1845m.”

03. Name of tenderer : ---------------------------------------------------------

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04. Address of tenderer : ----------------------------------------------------------

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05. Name of Project : Tanakpur Power Station, Banbassa.

06. Cost of Tender Document : Rs. 563.00 (Rs. 500/= + 12.5 % Vat )(Rs. Five hundred and Sixty Three only).

07. Earnest Money Deposit : Rs. 5000/- (Rs. Five Thousand only).

08. Last date of sale of tender : 03.12.2009 up to 4.00 P.M. Documents

09. Last date for submission : 04.12.2009 Up to 3.00PM of tender.

10. Due date & time for Opening of tender : 04.12.2009 at 3.30 PM

DocumentFor and on behalf of NHPC Ltd.

Sd/-

Manager(P&C)

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Section-IINFORMATION AND INSTRUCTIONS FOR TENDERERS

1. The details of work to be carried out and its scope are given in the “TechnicalSpecifications” of these documents which also indicate a brief description of theproject where work is to be executed. The tenderers advised to study the samecarefully before tendering and they shall be deemed to have fully acquaintedthemselves with the same.

2.1 The tenderers, in their own interest, are also advised to inspect and examine thesite and its surroundings and satisfy themselves, before submitting their tenders, inrespect of the site conditions including but not restricting to the following which mayinfluence or effect the work or cost thereof under the contract.

a) Site conditions including access to the site, existing and required roads and othermeans of transport/communication (other than that of the Corporation) for use byhim in connection with the work ;

b) Requirement and availability of land and other facilities for his enabling works,colonies, stores and workshops etc ;

c) Ground condition including those bearing upon transportation, disposal, handlingand storage of materials required for the work or obtained there from ;

d) Source and extent of availability of suitable materials including water etc. andlabour (skilled andunskilled), required for work and Laws and Regulations governing their use andemployment ;

e) Geological, meteorological, topographical and other general features of the siteand its surroundings as are pertaining to and needed for the performance of thework ;f) The limit and extent of surface and sub-surface water to be encountered during theperformance of the work and the requirement of drainage and pumping.

g) The type of equipment and facilities needed, preliminary to, for and in theperformance of the work ; and

h) All other information pertaining to and needed for the work including informationas to the risks, contingencies and other circumstances which may influence or effectthe work or the cost thereof under this contract.

2.2 The tenderers should note that information, if any, in regard to the site and localconditions, as contained in these tender documents, except for the material agreedto be supplied by the Corporation, has been given merely to assist the tenderers andis not warranted to be complete.

2.3 The tenderers should note and bear in mind that the Corporation shall bear noresponsibility for the lack of acquaintance of the site and other conditions or anyinformation relating thereto, on their part. The consequences of the lack of anyknowledge, as aforesaid, on the part of the tenderers shall be at their risk and cost

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and no charges or claims whatsoever consequent upon the lack of any information,knowledge or understanding shall be entertained or payable by the Corporation.3.* Immediately upon receipt of the Tender Documents from the Corporation, all thetenderers are urged to submit a written request at least two days prior to the datefixed for pre-tender conference to the Engineer-in-Charge issuing the tender enquiry,on matters where clarifications or additional information is desired.

4. The tender should be submitted in the prescribed form and the same should besigned properly as laid down hereunder.

a) If the tender is submitted by an individual, it shall be signed by the proprietorabove his full name and full name of his firm with its current business address.

b) If the tender is submitted by a proprietary firm, it shall be signed by the proprietorabove his full name and full name of his firm with its name and current businessaddress.

c) If the tender is submitted by a firm in partnership, it shall be signed by all thepartners of the firm above their full names and current business addresses, or by apartner holding the power of attorney for the firm by signing the tender in which casea certified copy of the power of attorney shall accompany the tender. A certifiedcopy of the partnership deed and current business address of all the partners of thefirm shall also accompany the tenders.

d) If the tender is submitted by a limited company or a limited Corporation, it shall besigned by a duly authorised person holding the power of attorney for signing thetender in which case, a certified copy of the power of attorney shall accompany thetender. Such limited company or Corporation may be required to furnish satisfactoryevidence of its existence before the contract is awarded.e) If the tender is submitted by a group of firms, the sponsoring firm shall submitcomplete information pertaining to each firm in the group and state along with the bidas to which of the firms shall have the responsibility for tendering and for completionof the contract document and furnish evidence admissible in law in respect of theauthority assigned to such firm on behalf of the group of firms for tendering and forcompletion of the contract documents. The full information and satisfactory evidencepertaining to the participation of each member of the group of the firm in the tendershall be furnished along with the tender.

f) All witnesses and sureties shall be persons of status and their full names,occupations and addresses shall be stated below their signatures. All signaturesaffixed on each page in the tender will be dated.

g) The tender for the works shall not be witnessed by a tenderers or tenderers whohimself themselves has/ have tendered or who may and has/have tendered for thesame works. Failure to observe this condition shall render the tender of thetenderers tendering as well as of those witnessing the tender liable to rejection.

5. The tender shall furnish with this tender :

a) The details of construction plant, equipment and machinery and its planningschedule as required vide Schedule “F” of the Tender Document.

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.......................................................................................................................................

....* Applicable only in those cases where pre-tender conference is stipulated in the notice inviting tenders.

b) The details of plant, equipment and machinery immediately available with thetenderer for deployment on the work as required vide Schedule “G” of TenderDocument.

c) The details of plant, equipment and machinery and its planning, proposed to beused for the work, for which import Licenses and release of foreign exchange, if any,may be required by the tenderers.d) Detail of technical and supervisory personnel already employed by tenderer whichhe proposes to utilize for this work and such other personnel which he proposes toemploy further for this work.e) Relevant information on the capacity, financial resources and experience abouthimself.

6** A) Earnest Money Deposit of Rs. 5000/- (Rs. Five Thousand only) mustaccompany each, tender. This deposit shall be in favour of NHPC Ltd, TanakpurPower Station, Banbassa and may be in the shape of A demand draft from StateBank of India only.B) Tenders not accompanied by Earnest Money Deposit shall be rejected. If duringthe tender validity period, the tenderers withdraw his tender, the Earnest MoneyDeposit shall be forfeited.C) The Earnest Money Deposit will be returned to the unsuccessful tenderers.

7. The rates shall be written both in words and in figures. Tenderers shall also showthe total of each item, the total of each schedule and the Grand Total of the wholecontract corrections, if any, shall be made by crossing out, initialing, dating andrewriting. In case of conflict between the figures and words in the rates, the lattershall prevail.

8. The Corporation shall have the right of rejecting all or any of the tenders and willnot be bound to accept the lowest or any tender or to give any reasons for theirdecision.

9. The Engineer-in-Charge or his duly authorised representative will open thetenders in the presence of tenderers who may be present at the time. If any of thetenderer or his agent is not present at the time of opening of tender, the Engineer-in-Charge or his duly authorised representative willing on opening of tenders of theabsentee tenderer, prepare a statement of the attested and unattested corrections inthe tender over his signature. Such a list shall then be binding on the absenteetenderer.

10. The tenderers shall not be entitled during the period of validity of their offers,without the written consent of the Corporation, to revoke or withdraw their tenders orvary in any respect the tender given or any term thereof. In case of a tendererrevoking or withdrawing, his tender or varying any terms in regard thereof without theconsent of the Corporation in writing, the tenderer shall forfeit his earnest moneypaid alongwith the tender.

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11. Central Government Public Undertaking will, however, be allowed suitable pricepreference in keeping with the policy of the Government of India. Such pricepreference will be considered taking into account various factors but not limited tofactors like technical suitability, requirement of completion period schedule of worksand other terms and conditions of tender.

12. Environment Safeguards:-The contractor shall maintain the environmentalintegrity of the area. The decision of the Engineer-in Charge shall be final & bindingon the contractor.

13. Bid Validity13.1 Bids shall remain valid for a period of 120 days after the deadline date for bidsubmission.13.2 In exceptional circumstances, prior to expiry of the original time limit, theEmployer may request that the bidders may extend the period of validity for aspecified additional period. The request and the bidders’ responses shall be madein writing or by cable. A bidder may refuse the request without forfeiting his EarnestMoney. A bidder agreeing to the request will not be required or permitted to modifyhis bid but will be required to extend the validity of his earnest money for a period ofthe extension, and in compliance with Clause 14 of ITB in all respects.14. Earnest Money14.1 The Bidder shall furnish, as part of the Bid, Earnest Money, for the amountspecified in the NIT/Schedule D and in the form Demand draft in favour of ‘NHPCLtd’ payable at SBI,Banbassa( Bank Code 8489).14.2 Any bid not accompanied by an acceptable Earnest Money shall be rejected bythe Employer as non-responsive.14.3 The Earnest Money of unsuccessful bidders will be returned within 28 days ofthe award of works to the successful bidder14.4 The Earnest Money of the successful Bidder will be discharged when theBidder has signed the Agreement and furnished the required Performance SecurityDeposit14.5 The Earnest Money may be forfeiteda) if the Bidder withdraws the Bid after bid opening (technical bid) during the periodof Bid validity orb) if the Bidder adopts corrupt or fraudulent practices orc) in the case of a successful Bidder, if the Bidder fails within the specified time limittoi. Sign the Agreement; and/orii. Furnish the required Performance Security Deposit15. The “Notice Inviting Tender” and this “Information and Instruction for Tenders”shall form a part of Tender Document........................................................................................................................................

**Earnest Money Deposit shall be 2 percent of the amount put to tender subject tomaximum of Rs.5000.00

(Rs. Five Thousand Only).


Sd/-

Manager(P&C)

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Section-IITENDER FORMS & SCHEDULES

TENDER FORMToManager (P&C),THPS (NHPC Ltd.), Banbassa

1. I/We have read and examined the following tender documents relating to the workof “Protection of Left Afflux Bund by providing boulder wire crates from RD.1740m. to1845m.”I.a) Notice Inviting Tender.b) Information and Instruction for tenderers.c) Warrantyd) Schedules A, B, C, D,E, F & Ge) General Conditions of Contract.f) Special Conditions along with Annexures, if any.

II. Technical Specifications.

III. Drawings.

2. I/We hereby tender for execution of the works referred to in the documentsmentioned in paragraph 1 above upon the terms and conditions contained orreferred to in the aforesaid documents and in accordance to all respects with thespecifications, designs, drawings and other details given therein and at the ratescontained in Schedule ‘A’ and within the period(s) of completion as given inSchedule ‘D’ and subject to such terms and conditions as stipulated in clause 39.

3. I/We agree to keep this tender open for acceptance for 120 days from the date ofopening thereof and also agree not to make any modifications in its terms andconditions of our own accord.

4. A sum of Rs. 5000/- (Rs. Five Thousand only) is hereby forwarded in form ofDemand Draft. I/We agree if I/We fail to keep the validity of tender open, asaforesaid, or I/We make any modification in the terms and conditions of my/ourtender of our own accord and/or after the acceptance of our tender if I/We fail tocommence the execution of the works as provided in the documents referred to inparagraph 1 above. I/We shall become liable for forfeiture of my/our earnest money,as aforesaid, and the Corporation shall without prejudice to any other right orremedy, be at liberty to forfeit the said earnest money absolutely.

Should this tender be accepted, I/We agree to abide by and fulfill all the termsand conditions and provisions of the above mentioned tender documents.

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5. I/We certify that the Tender submitted by me/us is strictly in accordance with theterms, conditions, specifications etc. as contained in your Tender Documents,referred to in paragraph 1 above, and it is further certified that it does not contain anydeviations to the aforesaid documents.

Signature alongwith Seal of Company

............................................................................(Duly authorised to sign the Tender on behalf of the Contractor)

Name_________________________________

Witness________________________ Designation_______________________Signature___________________ Name of company______________________

(IN BLOCK LETTERS)Date________________ ______________________________

Name & Address____________________ Date_______________________________________ Postal address__________________________

_________________________________________________________

Telegraphic Address____________________________________________________________

Telephone No.___________________________Telex No._______________________________

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WARRANTY FORM / FORM OF DECLARATIONM/s________________________________________________________________________having its registered officeat______________________________________________________________________________________________________________________________________(hereinafter referred to ‘as the contractor’) having carefully studied all thedocuments, specifications, drawings etc. pertaining to the contract for works requiredfor the construction of worksof__________________________________________________________________and the local and site conditions and having under taken toexecute the said works.

DO HEREBY WARRANT THAT :

1. The Tenderer is familiar with all the requirements of the Contract.

2. The Tenderer has not been influenced by any statement or promise of any personof the Employer but only the Contract Documents.

3. The Tenderer is financially solvent.

4. The Tenderer is experienced and competent to perform the Contract to thesatisfaction of Employer.

5. The Tenderer is familiar with all general and special laws, acts, ordinances, rulesand regulations of the Municipalities, District, State and Central Government of Indiathat may affect the work, its performance or personnel employed therein.

6. The Tenderer hereby authorize the Employer to seek reference from the bankersof Tenderer for its financial position.

7. The Tenderer undertakes to abide by all labour welfare legislations.

8. The Tenderer confirm that the provisions of Micro, Small & Medium Enterprise asper MSME Development Act 2006 are applicable/not applicable (strike out whichever is not applicable) to us. Any change in the status of the organization occurringduring the currency of the contract shall be informed to Employer.

9. The statement submitted by the Tenderer is true and correct.

10. The contractor is familiar with all general and special laws, Acts, Ordinances,Rules and Regulations of the Municipalities, District, State and Central Governmentthat may affect the work, its performance or personnel employed therein.

Date : For and on behalf of the Contractor

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Schedule –“A”

SCHEDULE OF QUANTITY (Total Pages-1)

Name of work: -“Protection of Left Afflux Bund by providing boulder wire crates fromRD.1740m. to1845m.”

RateS.No

Description of item Unit Qty.

InFigure

In Words(Rs)

Amount

1. Weaving of wire crates intra woven by 8SWG G.I. wire in the mesh size of 0.15 X0.15m, i/c the cost of labour and T& P etccomplete i/c cost of GI wire.

Sqm. 630.00

2. Supplying, laying and packing of the stoneboulders weighing 20 to 40 kg. in size inwire crates at site including the cost ofboulders complete as per direction ofEngineer- in-charge.

Cum. 133.87

3. Dumping of stone boulder weighing 20 to40 kg. in size for making the platform forlaying the boulder wire crates and fillingbehind wire crates excluding cost ofboulder.

Cum. 241.45

Signature of Contractor For and on behalf of NHPC Ltd.

Manager(P&C)

Name & Address of Contractor

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

Date:Place:

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SCHEDULE

MATERIAL FOR ISSUE TO THE CONTRACTOR(See Clause 23)

S.No. PARTICULARS ApproximateQuantity tobe issued

Unit All inclusiverecovery rate atwhich materialswill be issued(Rs.)

Place ofIssue

1 2 3 4 5 6

DeletedNote: All material/T&P shall be arranged by the contractor.

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SCHEDULE

CONSTRUCTION/COMPLETION SCHEDULE OF WORK(S) AND COMPENSATION FORDELAY

(See Clause 40)S.No. Description of work Completion Compensation for delay Remarks

Period1 2 3 4 5

“Protection of Left Afflux Bund by providing boulder wire crates from RD.1740m. to1845m.”. 45 Days 1/2% of contract sum

per week of delay subject to a max.

. of 5% of Contract Sum. .

.........................................................................................................................

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SCHEDULE

Schedule for chargeable interest rate against advances, completion time,defect liability period, percentage of various components for price variation /adjustment

Sl No. ClauseNo.

Description Stipulation

1 3.2

3.3

Performance Security Deposit

Retention Money

2 % of ContractPrice

3% of ContractPrice

2 14 of ITB Earnest Money Deposit Rs. 5000.003 13.2 of ITB Schedule of Rate applicable As per BOQ4 18.2, iii)

GCCContractor’s Overheads, Profits,

and supervision charges. 10%

5 34.8 GCC Public Liability Limits plusProperty Liability Limits not

exceeding

10 % of contractSum

6 39.1 Time allowed for execution ofthe Work

45 Days

7 43 Defect liability Period 12 Months

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SCHEDULE

CONSTRUCTION SCHEDULE FOR :-“ Protection of Left Afflux Bund by providingboulder wire crates from RD.1740m. to1845m.”.

(In the form of Bar Chart)

S.No. ACTIVITIES OF WORK QTY.UNIT TIME PERIOD IN MONTHS REMARKS1 2 3

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

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SCHEDULE

CONSTRUCTION PLANT, EQUIPMENT & MECHINERY AND ITS PLANNING SCHEDULE(To be Furnished by the Tenderer)

_________________________________________________________________ (Refer clause 21 of General Conditions of Contract)

_______________________________________________________________________________________

Sl. Name Make Capa- Total Source/ Year Whe- Hours No. of Value No. to be deployed RemarksNo. of & city No. sources of ther run over- of for this work equip- Model of of Mobi- pur- New/ hauling spares Monthwise phasing ment equip- lisation chase Old already avail- in accordance with ments done able Construction Schedule 1. 2. 3.

1 2 3 4 5 6 7 8 9 10 11 12

Note : 1) The above schedule will be supplementedfrom time to time, to the tune, to achievethe required targets and as per directionsof Engineer-in-Charge.2) Under the head “source/sources of mobilization:,the Contractor would clearly indicate thesource(s) of equipment and the time whenit could be released from his existingworks(s)/contract(s) for works(s) contract(s)in question. For the new equipments theContractor would indicate the source of purchaseand the likely delivery after placement of order.

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SCHEDULE

LIST OF PLANT, MACHINERY AND EQUIPMENT IMMEDIATELY AVAILABLE WITHTHE CONTRACTOR FOR DEVELOPMENT ON THE WORKS

(To be Furnished by Tenderer)

Sl. No. Name of Quantity Description, Condition Year of PresentMachinery size, capacity service location

model etc._________________________________________________________________

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Section-IIIGENERAL CONDITIONS OF CONTRACT

CLAUSE - 1 DEFINITIONS :In the contract, the following expression shall, unless the context otherwise

requires, have the meanings thereby respectively assigned to them :

(i) Contract : means the document forming the tender, acceptance thereof and theformal agreement executed between the NHPC Limited and the Contractor, togetherwith documents referred to therein. Otherwise, it shall mean the Notice InvitingTender, information and Instructions for Tenderers, Tender (including the Warranty,“Schedule of Quantities and Prices” and other Schedules attached thereto), GeneralConditions of the Contract, Special conditions, if any, Specifications, Designs,Drawings and Letter of Award thereof.(ii) Contract sum : means the amount arrived at by multiplying the quantities shownin the Schedule of Quantities and Prices by the respective item rates as allowed.(iii) Contractor : means the successful tenderer who is awarded contract to performthe work covered under these tender documents and shall be deemed to include thecontractor’s successors, executors, representatives or assigns approved by theEngineer-in-Charge.(iv) Corporation : means the NHPC Limited having its registered office at Sector -33,Faridabad (Haryana) PIN- 121003 and includes therein legal representatives,successors and assigns.(v) Day : means a calendar day beginning and ending at midnight.(vi) Drawings: means the drawings referred to in the specifications and/or appendedwith the tender document, any modification of such drawings approved in writing bythe Engineer-in-Charge and shall also include drawings issued for actualconstruction of the works from time to time by the Engineer-in-Charge.(vi) Engineer-in-Charge : means the Engineering Officer appointed by theCorporation to sign or cause to sign the contract agreement on behalf of theCorporation and/or the Engineering Officer appointed by the Corporation or its dulyauthorised representative to direct, supervise and be in charge of the works for thepurpose of this contract.(viii) General Manager or Chief Engineer : means the General Manager or ChiefEngineer of the Corporation, as the case may be.(ix) Letter of Award : means a letter from the Engineer-in-Charge conveying theacceptance of the tender/offer subject to such reservation as may have been statedtherein.(x) Month : means the calendar month.(xi) Site : means the land and/or other places, on under in or through which theworks are to be executed including any other lands or places which may be allottedfor the purpose of the contract.xii)Urgent Works : means any urgent measures, which in the opinion of theEngineer-in-Charge, become necessary at the time of execution and/or during theprogress of work to obviate any risk of accident or failure or to obviate any risk ofdamage to the structure, or required to accelerate the progress of work or whichbecome necessary for security or for any other reason the Engineer-in-Charge maydeem expedient.(xiii) Week : means seven consecutive calendar days.

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(xiv) Work or Works : means work/works to be executed in accordance with thecontract.

CLAUSE - 2 INTERPRETATIONS:2.1 Words imparting the singular only shall also include the plural; he includes sheand vice versa unless this is repugnant to the context.

2.2 Heading and marginal notes in these General Conditions shall not be deemed toform part thereof or be taken into consideration in the interpretation or constructionthereof of the contract.

CLAUSE - 3 SECURITY DEPOSIT FOR PERFORMANCE:3.1 The contractor for due performance of contract, within 30 (Thirty) days from thedate of issue of Letter of Award, shall furnish an initial security deposit of 2% (twopercent) of the contract sum in any one of the following forms :

(a) Demand draft from State Bank of India only in name of NHPC Ltd, TanakpurPower Station, Banbassa payable at S.B.I, Banbassa (Bank Code 8489). OR(b) Bank Guarantee for performance of contract (As per format enclosed atAnnexure-I)of the Indian Nationalised Bank or State Bank of India or any ScheduledBank of India (provided such scheduled Bank certifies that the Guarantees given arewithin the limit prescribed by Reserve Bank of India) and in the form as acceptable tothe Corporation. The Earnest Money deposited by the contractor alongwith thetender shall be adjusted towards the initial security deposit.3.2 Including the initial security deposit under Sub-Clause 3-1 above, the contractorshall have to furnish to the Engineer-in-Charge security deposit for due performanceof the contract a sum equal to 5% (five percent) of the contract sum. Such sums ofbalance 3% (three percent) shall be deducted by the Engineer-in- Charge from therunning account bills of the contractor @ 5% (five percent) of the total value of eachbill of the work done (excluding those of price variation) towards security deposit,subject to the condition that the total amount of such deductions together with theamount of initial security deposit as laid down in sub-clause 3.1 above, shall notexceed 5% (Five percent) of the contract sum.3.3 If the contractor expressly requests in writing he will be permitted to convert theamount of security deposit deducted from his running account bills into BankGuarantee as in aforesaid sub-clause 3.1.3.4 All compensation or other sums of money payable by the Contractor under theterms of the Contract or any other contract or on any other account whatsoever, maybe deducted from or paid by the sale of a sufficient part of his security deposit orfrom the interest arising there from or from any sums which may be due or maybecome due to the Contractor by the Corporation on any account whatsoever. Alsoin the event of the contractor’s security deposit being reduced by reasons of suchdeductions or sale, as aforesaid, the Contractor shall, within 14 days of receipt ofnotice of demand from the Engineer-in-Charge, make good the deficit in his securitydeposit.3.5 Government papers tendered as security shall be taken at 5% (five percent)below the market price or at their face value, whichever is less.3.6 a) Should there arise any occasion under the Contract due to which the periodsof validities of Bank Guarantees as may have been furnished by the Contractor fromtime to time, are required to be extended/renewed, the contractor at his own cost

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shall get the validity periods of such guarantees as aforesaid extended/renewed, asthe case may be and furnish these to the Engineer-in-Charge one month before theexpiry date of the aforesaid Guarantees originally furnished. Also in case of anydeficit in securities on any account as might occur or is noticed the contractor shallforthwith or on demand furnish additional securities.b) In case of failure of the contractor to strictly comply with the aforesaid provisionson any account for whatsoever reasons, the Engineer-in-Charge shall be at liberty,notwithstanding anything contained contrary to this in the contract, to take suchmeasures and actions, including but not restricting to the following, as may beconsidered necessary by him under the circumstances to satisfy the provisions ofcontract for having the required amount of securities at the relevant time :

i) to invoke the existing Bank Guarantee, and or

ii) to withhold the payment of the bills or other dues of the contractor arising out ofthe contract till such time the aggregate of the amount of such bills reaches the levelof the amount of the expired Bank Guarantee and/or the deficit in security deposit ismade good or the contractor furnishes a fresh Bank Guarantee.

3.7 Bank Guarantees or Bank Drafts as aforesaid shall be valid till the date of expiryof Defects Liability Period under the contract (Clause 43).

CLAUSE - 4 REFUND OF SECURITY DEPOSIT:The Security Deposit less any amount due shall, on demand, be returned to thecontractor on expiry of defect liability period (referred in clause 43 here of) orpayment of the amount of the final bill payable in accordance with clause 48,whichever is later, provided the Engineer-in-Charge is satisfied that there is nodemand outstanding against the contractor. No interest on the amount of SecurityDeposit shall be paid to the contractor at the time of release of the security depositas stated above.

CLAUSE - 5 SUFFICIENCY OF TENDER:The contractor shall be deemed to have satisfied himself before tendering as to thecorrectness and sufficiency of his tender for the works and of the rates quoted in theSchedule of Quantities and Prices which shall (except as otherwise provided in thecontract), cover all his obligations under the contract and all matters and thingsnecessary for the proper execution and completion of the works in accordance withthe provisions of the contract and its maintenance during construction.

CLAUSE - 6 CONTRACT DOCUMENTS:6.1 The language or languages in which the contract documents shall be drawn upshall be English and if the said documents are written in more than one language,the language according to which the contract is to be construed and interpreted shallbe English and designated as the ‘Ruling Language’.6.2 The Contractor shall be furnished, free of charge, four certified true copies of theContract Documents.6.3 One copy of Contract Documents furnished to the Contractor as aforesaid shallbe kept by the contractor on the Site in good order and the same shall at allresponsible time be available for inspection and use by the Engineer-in-Charge, hisrepresentatives or by other Inspecting Officers.

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6.4 None of these documents shall be used by the Contractor for any purpose otherthan that of this contract.

CLAUSE - 7 DISCREPANCIES AND ADJUSTMENT OF ERRORS:7.1 Detailed drawings shall be followed in preference to small scale drawings andfigured dimensions in preference to scaled dimensions. In the case of discrepancybetween the Schedule of Quantities and Prices, the Specifications and/or theDrawings, the following order of precedence shall be observed.

a) Description in the Scheduled of Quantities and Prices.b) Relevant Specifications and Special Conditions, if any.c) Drawings.d) General Specifications.7.2 The contractor shall study and compare the drawings, specifications and otherrelevant information given to him by the Engineer-in-Charge and shall report inwriting to the Engineer-in-Charge any discrepancy and inconsistency which henotes. The decision of the Engineer-in-Charge regarding the true intent and meaningof the drawings and specifications shall be final and binding.7.3 Any error in description, quantity or price in Schedule of Quantities and Prices orany omission there from shall not vitiate the Contract or release the Contractor fromthe execution of the whole or any part of the Works comprised therein according todrawings and specifications or from any of his obligations under the contract.7.4 If on check there are found to be differences between the rates given by thecontractor in words and figures or in the amount worked out by him in the Scheduleof Quantities and Prices and General Summary, the same shall be adjusted inaccordance with the following rules.

a) In the event of a discrepancy between description in words and figures quotedby a tenderer, the description in words shall prevail.

b) In the event of an error occurring in the amount column of Schedule of Quantitiesand Prices as a result of wrong multiplication of unit price and quantity, the unit priceshall be regarded as firm and multiplication shall be amended on the basis of theprice.c) All errors in totaling in the amount column and in carrying forward totals shall becorrected.d) The totals of various sections of Schedule of Quantities and Prices amended shallbe carried over to the General Summary and the tendered sum amendedaccordingly. The tendered sum so altered shall, for the purpose of tender, besubstituted for the sum originally tendered and considered for acceptance instead ofthe original sum quoted by the tenderer. Any rounding off of Quantities or in sectionsof Schedule of Quantities and Prices or in General Summary by the tenderer shall beignored.CLAUSE- 8 DUTIES AND POWERS OF ENGINEER-IN-CHARGE SREPRESENTATIVE:8.1 The duties of the representative at the Engineer-in-Charge are to watch andsupervise the works and to test and examine any materials to be used orworkmanship employed in connection with the works. He shall have no authority toorder any work involving any extra payment by the Corporation nor to make anyvariation in the works.

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8.2 The Engineer-in-Charge may, from time to time in writing, delegate to hisrepresentative any of the powers and authorities, vested in the Engineer-in-Chargeand shall furnish to the contractor a copy of all such written delegation of powers andauthorities. Any written instruction or written approval given by the representative ofthe Engineer-in-Charge to the contractor within the terms of such delegation shallbind the contractor and the Corporation as though it has been given by the Engineer-in-Charge.

8.3 Failure of the representative of the Engineer-in-Charge to disapprove any workor materials shall be without prejudice to the power of the Engineer-in-Chargethereafter to disapprove such work or materials and to order the pulling down,removal or breaking up thereof. The Contractor shall, at his own expense, againcarry out such works as directed by the Engineer-in-Charge.

8.4 If the contractor is dissatisfied with any decision of the representative of theEngineer-in-Charge, he will be entitled to refer the matter to the Engineer-in-Chargewho shall thereupon confirm, reverse or vary such decision and the decision of theEngineer-in-Charge in this regard shall be final and binding on the contractor.

CLAUSE - 9 ASSIGNMENTS AND SUB-LETTING:The Contractor shall not sub-let, transfer or assign the whole or any part of the workunder the contract. Provided that the Engineer-in-Charge may, at his discretion,approve and authorize the Contractor to sub-let any part of the work, which in hisopinion, is not substantial, after the contractor submits to him in writing the details ofthe part of the work(s) or trade proposed to be sub-let, the name of the sub-contractor thereof together with his past experience in the said work/trade and theform of the proposed sub-contract. Nevertheless any such approval or authorizationby the Engineer-in-Charge shall not relieve the contractor from his any or allliabilities, obligations, duties and responsibilities, under the contract. The contractorshall also be fully responsible to the Corporation for all the acts and omissions of thesub-contractor, his employees and agents or persons directly employed by theContractor. However, the employment of piece-rate workers shall not be construedas sub-letting.

CLAUSE - 10 FACILITIES TO OTHER CONTRACTORS:The Contractor shall, in accordance with the requirements of the work as decided bythe Engineer-in- Charge, afford all reasonable facilities to other contractors engagedcontemporaneously on separate contracts and for departmental labour and labour ofany other properly authorized authority or statutory body which may be employed atthe site for execution of any work not included in the contract or of any contractwhich the Corporation may enter into in connection with or ancillary to the works. Inall matters of conflict of interest, The Engineer-in-Charge shall direct whatcompromise should be made and his decision shall be final and binding on theparties.

CLAUSE - 11 CHANGES IN CONSTITUTION:Where the contractor is a partnership firm, prior approval in writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of thefirm. Where the contractor is an individual or a Hindu undivided family businessconcern, such approval, as aforesaid, shall likewise be obtained before thecontractor enters into any partnership firm which would have the right to carry out the

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work undertaken by the contractor. If prior approval as aforesaid, is not obtained, thecontract shall be deemed to have been assigned in contravention of Clause 38hereof and the same action will be taken and the same consequences shall ensueas provided for in the said Clause 38.

CLAUSE - 12 USE AND CARE OF SITE:12.1 The Contractor will be permitted to use the site and lands under the control ofCorporation and required for execution of work, subject to such conditions asdetailed in sub-clause 12.4 ibid. The contractor shall not commence any operationon such lands except with the prior approval of the Engineer-in-Charge. All areas ofoperation including those for his staff and labour colonies handed over to thecontractor shall be cleared and handed back by the contractor at his own cost andexpenses whatsoever to the Engineer in- Charge. The contractor shall make good athis own cost to the satisfaction of the Engineer-in-Charge any damage or alterationsmade to areas or other property or land handed over to him for purpose of theseworks. With the permission of the Engineer-in-Charge the contractor may at hisexpense erect temporary structures for storage sheds, office, residence etc., fornoncommercial use on the land handed over to him. At the completion of the workthese structures should be dismantled and the site cleared and handed over to theEngineer-in- Charge. The lands required for providing facilities to the labouremployed on the work will be allotted free of cost as per approved plan. TheContractor shall also provide and maintain at his own expense such temporaryfences, guards, bridges and roads as may be necessary for the execution of hispreliminary, enabling and ancillary works or for safeguarding the public. If theEngineer-in-Charge shall order any departure from any arrangement made by thecontractor, the contractor shall comply with such orders as the Engineer-in-Chargemay issue from time to time. The contractor shall not use, or allow to be used, thesite/land for any purpose other than the one specified herein.12.2 The Engineer-in-Charge shall, at his discretion and for the duration of thecontract, make available land for construction of the Contractor’s field office(s)colony, workshop(s), stores, magazines for explosives in isolated locations,assembly-yard, land for borrow pits and quarries and access thereto over routesindicated by the Engineer-in-Charge as may be required for execution of the work.Development including leveling and dressing of the land and construction oftemporary roads (other than those to be provided by the Corporation under theContract), Office, colonies, workshops, stores, magazines etc. as per the plansapproved by the Engineer-in-Charge, shall be done by the Contractor at his owncost. Land shall be generally made available at or near the site of work, if possibleand available, otherwise at any other place(s) earmarked for the purpose by theEngineer-in-Charge.12.3 The Contractor shall provide at his own cost all temporary pathways/roadsrequired at site or in quarries or borrow areas and shall alter, adapt and maintain thesame as required from time to time and shall bear all expenses and charges forspecial or temporary way leaves required by him in connection with access to thesite and shall take up and clear them away and make goods al damages done to thesite as and when no longer required and as and when ordered by the Engineer-in-Charge.12.4 The use of land as provided in sub-clause 12.1 to 12.3 ibid shall be regulatedand be subject to the following and such other terms and conditions as may beimposed by the Corporation:

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(i) That he shall pay a nominal license fee of Rs. 1.0 per year or part of a year foruse and occupation in respect of each and every separate areas of land allotted tohim ;(ii) That such use or occupation shall not confer any right of tenancy of the land onthe contractor.(iii) That the Contractor shall be bound to vacate the land on demand by theEngineer-in-Charge.(iv) That the Contractor shall have no right to any construction over this land withoutthe written permission of the Engineer-in-Charge. In case, he is allowed to constructany structure he shall have to demolish and clear the same at his cost beforehanding over the land back to the Corporation unless agreed to the contrary.(v) That possession of site or other lands by the Contractor in connection with thecontract shall not be deemed to confer on him any right or interest in or over the landor possession thereof.12.5 On completion of the work and before payment of the final bill, the Contractorshall handover the vacant possession of the land licensed to him in connection withthe work duly cleaned to the Engineer-in- Charge duly made good the damages, ifany done to the site.CLAUSE - 13 : ADVANCES AND RECOVERY THEREOF : 13.1 Financial assistance in the shape of recoverable advance, as considerednecessary by the Engineer-in- Charge and on written request in this regard from theContractor, may be provided to the contractor for augmenting/supplementing hisresources in the manner indicated hereunder. Such assistance shall not be made apre-condition by the contractor for execution of the works.* A. Advances for Initial Mobilization, Preliminary, Enablingand Ancillary WorksInterest bearing Advance upto a maximum of 5% (five percent) of the contract summay be given the contractor for his initial mobilization, preliminary, enabling andancillary works, such as labour mobilization, construction of offices, labour huts, staffquarters, stores, workshops, laying of air, water and electric lines, subject to thefollowing conditions :(i) The agreement for the work contracted has been executed.(ii) The advances shall bear Simple interest @ per annum (as mentioned inSchedule ‘D’) with monthly rests on outstanding balance of advance on the last dayof the previous calendar moth.(iii) Initially a lump sum advance up to 2% (two percent) of the Contract Sum shall bepaid within one month of the singing of the agreement and on contractor’s furnishingthe requisite Bank Guarantee on the approved form incorporated in the contract,from a Nationalized Bank or a Schedule Bank in India. In respect of Contractsfinalized at Corporate Office level, this initial mobilization advance may be releasedfrom Corporate Office against suitable Bank Guarantee as provided hereinabove(iv) The balance advance up to 3% (three percent) of the contract sum shall bereleased in such installments as may be considered commensurate with theprogress of the initial mobilization, preliminary, enabling and ancillary works, dulycertified and evaluated by the Engineer-in-Charge and on furnishing the BankGuarantee for the value thus arrived at, in the same manner as described in sub-Para (iii) above on the following conditions:(a) The plans and drawings showing the location of the preliminary, enabling andancillary works proposed to be deployed by the contractor should be submitted, gotfinalized and approved from the Engineer-in-Charge before proceeding with suchworks.

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(b) The Bank Guarantee so furnished shall be valid upto the date of completion ofwork stipulated in the contract. Should there arise any occasion under the contractdue to which the period of validities of such Bank Guarantees, as may have beenfurnished by the Contractor from time to time, are required to be extended or thesame be renewed, the contractor at his own cost shall get the validity period of suchguarantees extended or the same be renewed, as the case may be, and furnish thesame to the Engineer-in-Charge one month before the due expiry date of theaforesaid guarantees. In case of the failure of the contractor to strictly comply withthe aforesaid provision on any account on whatsoever reason, the Engineer-in-Charge shall be at liberty, notwithstanding anything contained contrary in thecontract, to take such measures and actions including but not restricting to thefollowing, as may be considered necessary by him under the circumstances tosatisfy the provisions of the contract for having the required amount of Guarantee atthe relevant time:(1) To invoke the existing Bank Guarantee and/or(2) To withhold the payments of the bills and other dues of the contractor till suchtime the aggregate of the amount of such bills reaches the level of the amount of theexpired BankGuarantees.(c) After the expiry of 12 months from the date of commencement of the contract orhalf the completion period as mentioned in Schedule ‘D’ whichever is less, thecontractor shalldeem to have waived his request for such advance provided, under specialcircumstances,__________________________________________________________________________________________________

• Applicable only where there Estimated cost of work put to tender is Rs. 50 lacsor more.

interest of work, for which the Engineer-in-Charge, in his sole discretion, considersthe same as justified and in the purpose he may extend the period of drawal ofadvance on written request from the contractor.(v) The advance shall be recovered by deductions from contractor’s bills in equalmonthly installments. The interest would be calculated on the outstanding amount ofthe principal at the close of each month and will be recovered alongwith theinstallment of the Advance. Arrears of Principal and Interest, if any from the monthlyinstallments of recovery of advance shall be carried and recovered from the bills ofthe Contractor for the succeeding month(s).The recovery shall commence after expiry of six calendar months from the date ofreleasing of first installment of advance and ending of 3/4th of the contract period.For this purpose, the contract period shall be deemed to mean only the original timeperiod of completion stipulated in the contract.B. * ADVANCE FOR PLANT AND EQUIPMENT:Interest bearing advance upto a maximum of 10% (ten percent) of the control sumwill be paid to the contractor for Construction Plant and Equipment subject to thefollowing conditions :(i) The agreement for the work contracted has been executed.(ii) The advance shall bear simple interest @ percent per annum (as mentioned inSchedule ‘D’) with monthly rests on outstanding balance of advance on the last dayof the previous calendar month.(iii) The construction Plant and Equipment, as are required for the actual executionof the work depending upon the techniques and sequences of construction asproposed by the contractor, shall be mutually discussed and finally approved by the

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Engineer-in-Charge. Such approved Plant and Equipment must reach the site ofwork in good condition duly certified both by the Contractor and Engineer-in- Chargein respect of their utility, performance and dependability.(iv) The construction Plant and Equipment for which the advance is to be grantedshall be of unencumbered ownership of the Contractor and shall be hypothecated infavour of the Corporation before the advance is paid. This shall be executed on theform of Hypothecated Deed as approved by the Corporation, on legally valid stamppaper of appropriate value. The Hypothecated Deed shall be registered by thecontractor with the Register of Companies under the Companies Act and all chargeson account of execution of deed, registration charges etc. shall be borne by thecontractor and the contractor shall duly inform the Engineer-in-Charge about suchregistration. The contractor shall also get such Plant and Equipment insured for fullvalue against all risks at his cost. The insurance policy shall be valid till such time thePlant and Equipment remains under Hypothecation and the advance is recovered/repaid in full.

Both the Hypothecation Deed and the Insurance Policy shall be deposited bythe contractor with the Engineer-in-Charge before the advance is released.(v) Subject to the maximum limit fixed for such advances as above and conditionsthereto, the advance shall be granted to the extent of 90% of the cost of new plantand equipment purchased by him duly supported by due proof of payment,purchase vouchers and other connected documents. In case of old, used plant andequipment brought at site by the contractor, the advance shall be limited to 50% ofthe depreciated value of such plant and equipment as evaluated by the approvedvaluer (Plant & Equipment) Government of India subject to the overall approval bythe Engineer-in-Charge. The charges of such evaluation by the valuer shall be borneby the contractor. The release of such advance against old and used Plant andEquipment shall be further regulated as under :(a) 60% of the advance against individual Plant and Equipment shall be paid afterthe same has reached the site in good working condition and is duly certified by thecontractor and the Engineer-in-Charge in respect of utility, performance anddependability.b) The balance 40% of the advance against the individual plant and equipment shallbe paid after the same is installed, tested and put in operation to the satisfaction ofthe Engineer-in-Charge.(vi) Notwithstanding anything contained to the contrary above, advance shall not bepayable for any items of stores parts whatsoever nor it shall be paid for any items ofplant and equipment whose value is less than Rs. 20,000/-.(vii) No advance will be payable after expiry of the half of the contracted period ofcompletion as mentioned in “Schedule D” or 12 months whichever is less providedon a written request from the contractor explaining the circumstances, which areconsidered justified, in the interest of work by the Engineer-in-Charge, who may, inhis sole discretion extend the time limit for giving advance beyond the stipulatedperiod as above.(viii) The contractor shall be responsible for maintaining the plant and equipment ingood working condition during the period of hypothecation. The contractor shall alsonot remove from the site of work the hypothecated plant and equipment withoutwritten permission of the Engineer-in-Charge. In case the contractor desires to shiftany such Plant and Equipment from the site of work, he shall do so with the writtenpermission of the Engineer-in-Charge and after repaying the outstanding advance ofthat particulars plant and equipment.

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(ix) The Engineer-in-Charge, if he so desires, shall be entitled to take back from thecontractor on depreciated cost basis any item of plant and equipment which isimported by the contractor on the assistance provided by the Corporation, in anyrespect for such import and for which advance is given to the contractor whetherinitially or after hypothecation of the same. The depreciated cost of such items ofplant and equipment shall be calculated on the formula of transfer price as laid downby the Central Water Commission for transfer of surplus plant and equipment fromone project to another and the price thus worked out by the Engineer-in-Charge shallbe final and binding on the contractor.(x) For the purpose of recovery both the advances on new and old plant andequipment shall be combined. The advance with interest thereon shall be recoveredby deduction from the contractor’s bills in equal monthly installments. The interestwould be calculated on the outstanding amount of the principal at the close of eachmonth and will be recovered alongwith the installment of the advance. Arrears ofPrincipal and Interest, if any from the monthly installments of recovery of advanceshall be carried over and recovered from the bills of the Contractor for thesucceeding month(s). The recovery shall commence after expiry of 6 calendarmonths from the date of releasing of 1st installment of the advance(s) and ending at3/4th of the contract period. For this purpose the contract period shall be deemed tomean only the original time period of completion stipulated in the contract.** Applicable only where the Estimated Cost of Work put to tender is Rs. 100 lakhs or more. (xi) In respect of new plant and machinery, the cost of the equipment for the purpose ofthis clause shall mean the cost as invoiced by the suppliers of the equipment, inclusive oftaxes and duties. In respect of old plant and equipment, the cost as evaluated by theapproved value shall be taken into account. In respect of both old and new equipment,the transportation cost shall not be taken into account for this purpose. In respect ofimported equipment the c. i. f. cost plus custom duty shall be deemed to be the cost ofequipment for the purpose of this clause.13.2 Provided always that if, at any stage, the execution is delayed by the contractoror he commits default and does not taken remedial steps to proceed with the work inaccordance with the contract, no further advance shall be paid to him till such timethe contractor does not make good the delay to the satisfaction of the Engineer-in-Charge. In case the contractor continues to commit default and does not takeremedial steps in this regard to the satisfaction of the Engineer-in-Charge despitewritten notice in this regard for the Engineer- in-Charge, the Engineer-in-Chargeshall be entitled to take over the hypothecated Plant and Equipment and take suchother measures under the contract as may be considered necessary to realise theamount advanced to the contractor. If the contract is terminated in full or in part or nowork remains to be executeddue to fore closure and the contractor does not repay in full the advance within aperiod specified by the Engineer-in-Charge, the Engineer-in-Charge shall take overhypothecated plant and equipment and take such other measures as may beconsidered necessary to realize the amount advanced to the Contractor.13.3 In case of suspension of works by the Corporation (for reasons other thandefault by the Contractor) for more than 30 days at a time, the Contractor shall be atliberty to remove the Plant and Equipment or any part thereof hypothecated to theCorporation as above, to any other worksite of the Contractor within the Project, forexecuting his other works.Provided, however, that prior to such removal, the Contractor shall submit to theEngineer-in-Charge a Bank Guarantee (acceptable to the Corporation) for theamount of the outstanding advance and furnish an undertaking to bring back to the

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site before expiry of period of suspension, the Plant and Equipment as may benecessary for the completion of the work. If such Plant and Equipment are notbrought back within 15 days from the receipt of authority for resumption of works, thecontractor shall forth with repay the amount of advances outstanding, together withthe interest thereon.

CLAUSE 14 : COMMENCEMENT OF WORK :14.1 The Contractor shall commence the work(s) within 10 (ten) days after the issueof Letter of Award and shall proceed with the same with the expedition and withoutdelay as may be expressly sanctioned or ordered by the Engineer-in-Charge. If thecontractor commits default in the commencement of the work as aforesaid, theEngineer-in-Charge shall without prejudice to any other right or remedy be at libertyto cancel the contract and forfeit the earnest money.14.2 The contractor shall strictly adhere to the construction schedule i.e. schedule ‘E’attached with the tender document.14.3 The Contractor shall submit alongwith his tender, the construction planning,phasing and sequence of construction, time and progress chart within the frameworkof construction schedule i.e. Schedule ‘E’ for achieving the completion targets ofwork(s) as a whole and also of each group/sub-group of work(s) (stipulated inSchedule ‘C’) showing the order or procedure and a statement showing the methodand techniques of construction by which the contractor proposes to carryout theworks. Such charts or programme shall be prepared in direct relation to theconstruction schedule i.e. schedule ‘E’ as well as the time stated in the contractdocument for completion of item of works stipulated in Schedule ‘C’. It shall indicatethe commencement and completion of various trades or sections of the work,distribution and balancing of work-load pertaining to construction activities in variousstructures/component parts of work into working seasons duly taking into accountworking months available in each working season and number of working daysavailable for working months, to arrive at seasonal monthly average and seasonalmonthly peak progress with corresponding time periods. Such construction planningwill be discussed and finally agreed with successful tenderer before award of workand same shall form an integral part of agreement.Contractor shall have to strictly adhere to such an agreed planning and scheduling.However, it shall not relieve the Contractor of any of his duties, obligations orresponsibilities under the contract.

CLAUSE - 15: WORKS TO BE CARRIED OUT IN ACCORDANCEWITH SPECIFIATIONS, DRAWINGS AND ORDERS ETC:15.1 The Contractor shall execute the whole and every part of the work in the mostsubstantial and workmanlike manner and both as regards material and otherwise inevery respect in strict conformity with the specification laid down or as may be laiddown by the Engineer-in-Charge under the terms of the contract. The contractorshall also conform exactly, fully and faithfully to the designs, drawings, specificationsand instructions in writing in respect of the work, duly signed by the Engineer-in-Charge as may be issued from time to time.15.2 The Contractor shall be entitled to receive, on demand, in addition to thecontract documents, in accordance with the provisions of Clause 6.2, the documentsset forth herein in respect of the work on commencement or during the performanceof the contact :a. Contract drawings and revisions thereto. -3 sets

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b. Specifications or revisions thereof other than standard printed Specifications -2 setsc. Explanation, instructions etc. -1 copySuch further drawings, explanations, modifications and instructions, as the Engineer-in-Charge may issue to the Contractor from time to time in respect of the work, shallbe deemed to form integral part of the contract and the contractor shall be bound tocarry out the work accordingly.15.3 All instructions and orders in respect of the work shall be given by the Engineer-in-Charge in writing. However, any verbal instructions or orders shall be confirmedby the Engineer-in-Charge as soon as practicable without loss of time. Only suchwritten instructions shall be deemed to be valid.15.4 Work shall be executed as per CPWD specifications

CLAUSE - 16: SETTING OUT THE WORKS:16.1 The Engineer-in-Charge shall establish/indicate the Bench marks/surveyreference points and their elevations.16.2 The Contractor shall be responsible for the true and proper setting out of all thework (in relation to the aforementioned Bench mark/survey reference points) for thecorrectness of the location, grades dimensions and alignment of all work ; and forthe provision of all instruments, appliances, materials and labour required inconnection therewith. If at any time during the progress of the work, and error shallappear or arise in the location, grades, dimensions, or alignment of any part of thework, the contractor on being required to do so by the Engineer-in-Charge, shall athis own expense rectify such error to the satisfaction of the Engineer-in-Charge.16.3 The Contractor shall afford all reasonable facilities and assistance to theEngineer-in-Charge for checking the setting out and lines and grades established bythe Contractor. The checking of any setting out or of any line and grade by theEngineer-in-Charge shall not in any way relieve the contractor of his responsibility forthe correctness thereof.

CLAUSE - 17: URGENT WORKS:

If any urgent work (in respect whereof the decision of the Engineer-in-Charge shallbe final and binding) becomes necessary, the contractor shall execute the same asmay be directed.

CLAUSE - 18: DEVIATIONS:

18.1 The Engineer-in-Charge shall have powers to make any deviations in theoriginal specifications or drawings or designs of the works or any part thereof thatare, in his opinion, necessary at the time of or during the course of execution of theWorks. For the aforesaid purpose or for any other reason, if it shall, in the opinion ofthe Engineer-in-Charge, be desirable, he shall also have the powers to makeDeviations, such as (i) Variations (ii) Extra (iii) Additions/Omissions and(iv) Alterations or Substitutions of any kind. No such Deviations in thespecifications or drawings or designs or Bill of Quantities, as aforesaid, shall in anyway vitiate or invalidate the Contract and any such Deviations which the Contractormay be directed to do shall form integral part of the Contract as if originally providedtherein and the Contractor shall carry out the same on the same terms & conditions

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in all respects on which he agreed to do the works under the contract subject toclause 18.2 ibid.18.2 The rates for such items of work as are required to be executed due toDeviations, as stated in sub-clause 18.1 above shall be payable in the manner asstated hereunderi) The rates already provided in the Bill of Quantities, shall apply in respect of thesame item(s) of work to be executed due to Variation, subject to the condition thatthe Variation so ordered do not exceed (+) 30% (plus thirty percent) in respect ofquantities of individual items appearing in the Bill of Quantities. However, the quotedrates shall hold good for all minus Variations.ii) In case of items for which rates are not available in the Bill of Quantities, the ratesof such items as far as practicable, shall be derived from the quoted rates ofanalogous item(s) in the Bill of Quantities.iii) In the cases, where analogous items are not available in the Bill of Quantitiesand, such items shall be termed as extra items and the rates for such items and alsofor items exceeding the prescribed limit of (+) 30% as mentioned in clause 18.2 (i)above, the Contractor, within 15 days (or as agreed by the Engineer) of receipt oforder to execute such items shall submit rate analysis to the Engineer-in-Chargesupported by documentary evidence of basic rates adopted therein, notwithstandingthe fact that the rates for such items exist in the Contract, having regard to the costof materials (including transportation and taxes, levies if paid), actual wages forlabour and ownership & operational cost of construction equipment as per standardnorms or if standard norms are not specified/available then on the basis oflabour/materials/equipment actually engaged for the particular work. The standardnorms for materials and labour specified herein shall mean those specified in“Guidelines for preparation of Project Estimates for River Valley Projects (LatestVersion) of Central Water Commission, Govt. of India and if not available therein,then of State’s Public Works Department. Standard norms for machinery use shallmean those of Bureau of Indian Standards (IS 11590:1995- Latest Version) and ifnot available therein, then those specified in “Guidelines for preparation of ProjectEstimates for River Valley Projects (Latest Version) of Central Water Commission,Govt. of India.

Over and above the cost of labour, material arranged by the Contractor andownership & operational cost of plant and machinery, an element of suchpercentage as specified in schedule D shall be allowed to cover the Contractor’soverheads, profits, and supervision charges. However, for materials issued by theEmployer to the Contractor and/or construction equipment supplied on rentalcharge(s) by Employer to the Contractor during the course of execution of works, theContractor shall be entitled to such percentage as specified in schedule D of suchcosts to cover transportation, overheads, supervision, profit etc.

Provided further that no change in the rate or price for any item contained in theContract shall be considered unless value of executed quantity of such itemaccounts for an amount more than 2 percent of the Contract Price, and the actualquantity of work executed under the item exceeds quantity set out in the Bill ofQuantities by more than 30 percent.

The Engineer-in-Charge shall examine the rate analysis submitted by the Contractorand fix the rates accordingly whose decision shall be conclusive, final and binding onthe Contractor.

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18.3 If requested by the Contractor, the Time for Completion of the Works shall, inthe event of any deviation resulting in additional cost over the Contract Price, beextended in the proportion which the altered, additional or substituted work bears tothe original Contract Price plus such further additional time as may be consideredreasonable by the Engineer-in-Charge.

18.4 Under no circumstances, the Contractor shall suspend the work on account ofnon-settlement of rates of such Deviated items.

18.5 Provided that no deviations instructed to be done by the Engineer – in –charge pursuant to Clause 18.1 shall be valid under Clause 18.2 unless within 15days of the date of such instruction before the commencement of execution ofdeviated items, notice shall have been given either ;

a) By the Contractor to the Engineer – in – charge of an intention to Claim extrapayment or varied rate or price or

b) By Engineer – in – charge to the Contractor of his intention to vary a rate or pricefor the deviated items.

CLAUSE - 19: CONTRACTORS SUPERVISION:

19.1 The Contractor shall either himself supervise the execution of the works or shallappoint at his own expense, an Engineer as his accredited agent approved by theEngineer-in-Charge, if contractor has himself not sufficient knowledge or experienceto be capable of receiving instructions or cannot give his full attention to the works.The contractor or his agent shall be present at the site(s) and shall superintend theexecution of the works with such additional assistance in each trade, as the workinvolved shall require and considered reasonable by the Engineer-in-Charge.Directors/Instructions given by the Engineer-in-Charge to the contractor’s agent shallbe considered to have the same force as if these had been given to the contractorhimself.

19.2 If the contractor fails to appoint a suitable agent as directed by the Engineer-in-Charge, the Engineer-in- Charge shall have full powers to suspend the execution ofthe works until such date as a suitable agent is appointed by the contractor andtakes over the supervision of the work. For any such suspension, the contractor shallbe held responsible for delay so caused to the works.

CLAUSE - 20: INSTRUCTIONS AND NOTICES:

20.1 Except as otherwise provided in this contract; all notices to be given on behalfof the Corporation and all other actions to be taken on its behalf may be given ortaken by the Engineer-in-Charge or any officer for the time being entrusted with thefunctions, duties and powers of the Engineer-in-Charge.

20.2 All instructions, notice and communications etc. under the contract shall begiven in writing and any such oral orders/instructions given shall be confirmed in

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writing and no such communication which is not given or confirmed in writing shallbe valid.

20.3 All instructions, notices and communications shall be deemed to have beenduly given or sent to the contractor, if delivered to the contractor, his authorisedagent, or left at, or posted to, the address given by the contractor or his authorisedagent or to the last known place of abode or business of the contractor or his agentin case of services by post shall be deemed to have been served on the date whenin the ordinary course of post these would have been delivered to him and in othercases on the day on which the same were so delivered or left.20.4 The Engineer-in-Charge shall communicate or confirm the instructions to theContractor in respect of the execution of work in a ‘work site Order Book’ maintainedin the office of the Engineer-in-Charge and the contractor or his authorisedrepresentative shall confirm receipt of such instructions by singing the relevantentries in this book. If required by the Contractor, he shall be furnished a certifiedtrue copy of such instruction(s).

CLAUSE - 21: CONSTRUCTION PLANT LAND EQUIPMENT:

21.1 The Contractor shall provide and install all necessary construction plant,equipment and machinery required for the execution of the work under the contract,at his cost and shall use such methods and appliances for the purpose of all theoperations connected with the work covered by the contract which shall ensure thecompletion of work(s) within the specified time.

21.2 The tenderer shall submit as per Schedule ’F’, full details of his constructionplant, equipment and machinery proposed to be deployed for work(s) along with itsplanning schedule showing month-wise phasing in accordance with the constructionschedule i.e. Schedule ‘E’. The Schedule ‘F’ submitted by the tenderer shouldconform to the Construction Schedule i.e. Schedule ‘E’. The Construction plant,equipment and machinery schedule as submitted shall be mutually discussed andfinalized with the successful tenderer and approved before award of work and theseshall from integral part of agreement. The contractor shall have to adhere to thedeployment schedule of construction plant, equipment and machinery as approvedby the Engineer-in-Charge. However, Engineer-in-Charge, whose decision shall befinal and binding on the contractor, may permit deviation in the following cases :(i) In view of geological or design considerations any change in the equipment to beused become justified ;(ii) Any other reason for which the scope of the work either in terms of quantities oritem rates undergo a change; and(iii) If the Construction Schedule itself is for any reason updated and changed and isbinding on the contractor in terms of the Contract.

21.3 The Contractor shall have to certify the requirement, utility, performance anddependability of the proposed construction Plant, Equipment & Machinery forbonafide execution of work. He shall give an undertaking accepting full responsibilityfor proper installation, testing, commissioning and maintaining the same in goodworking condition throughout the contract period. The proper supply of spare parts,

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accessories & maintenance arrangements shall be entirely the responsibility of thecontractor.

21.4 The Contractor shall submit the following information in triplicate to theEngineer-in-Charge for approval within the time stipulated against each item:a. The general layout plan of Construction Plant and Equipment for the execution ofthe work within 30 days after the issue of Letter of Award.b. Detailed drawings showing the location of major plant and other facilities which heproposes to put up at the site including any changes in the general layout; at leastthirty days prior to the commencement of the respective work.

21.5 Provided always that any such approval mentioned in 21.4 (a) and (b) shall notabsolve the contractor of his obligations for due execution and timely completion ofthe contract.

21.6 Subject to the availability of any item of Corporation’s plant, equipment andmachinery and at the written request of the contractor, such plant, equipment andmachinery may be issued to the contractor on hire for being deployed on the workcontracted for, at pre-determined rates, items and conditions at the sole discretion ofthe Engineer-in-Charge.

CLAUSE - 22: PATENT RIGHTS:The Contractor shall indemnify the Corporation, its representatives or its employeesagainst any action, claim or proceedings relating to infringement or use of any patentor design or any alleged patent or design rights and shall pay royalties or othercharges which may be payable in respect of any article or Material or part thereofincluded in the Contract. In the event of any claim being made of action beingbrought against the Corporation or any agent, servant or employee of theCorporation in respect of any such matters as aforesaid the Contractor shallimmediately be notified thereof. Provided that such indemnity shall not apply whensuch infringement has taken place in complying with the specific directions issued bythe Corporation, but the contractor shall pay any royalties or other charges payablein respect of any such use, the amount so paid being reimbursed to the Contractoronly if the use was the result of any drawings and/or specifications issued aftersubmission of the tender.CLAUSE - 23: MATERIALS:23.1 The Contractor shall at his own expense provide/arrange all materials requiredfor the bonafide use on work under the contract and also for initial Mobilization,Preliminary, Enabling and Ancillary Works, except those listed and specified inSchedule ‘B’. The quantity of such materials as stipulated in the aforesaid scheduleto be supplied by the Corporation will be that as may be actually required for thework and shall be subject to the terms and conditions as set forth in the sub-clause23.4 under this clause.23.2 All materials to be provided by the contractor shall be in conformity with thespecifications laid down in the contract and the contractor shall furnish from time totime proof and samples, at his cost of the materials as may be specified by theEngineer-in-Charge for his approval before use in the works. The Engineer-in-Charge shall also have powers to have such tests, in addition to those specified inthe contract, as may be required and the contractor shall provide all facilities to carryout the same. The cost of materials consumed in such tests and also expensesincurred thereon shall be borne by the contractor in all cases except when the

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material is agreed to be supplied by the Corporation under the contract, and alsowhere such tests which are in addition to those provided in the contract disclose thatthe materials are in conformity with the provisions of the contract.23.3 The Engineer-in-Charge or his representative shall be entitled at any time toinspect and examine any materials intended to be used in or on the works, either onthe site or atfactory or workshop or other place(s) where such materials are assembled,fabricated, manufactured or at any place where these are lying or from where theseare being obtained. For this purpose, the contractor shall afford such facilities asmay be required for such inspection and examination.23.4 For the materials listed in Schedule ‘B’, which the Corporation has agreed tosupply to the contractor for the work under the contract, the contractor shall, before90 (ninety) days of his requirement in accordance with the agreed phasedprogramme of the construction of work(s), send a requisition in writing to theEngineer-in- Charge. The issue of such materials shall be subject to the followingterms and conditions:(i) All materials issued by the Corporation to the Contractor for use in the work shallvisit in the Corporation and the contractor shall hold all such items of materials asmere custodian in trust on behalf of the Engineer-in-Charge.(ii) All costs, such as loading, transportation, unloading, storage etc. whatsoever asmay be required.

(a) from the place/point of issue/supply by the Corporation to the ultimate use for/inthe works and/or (b) in connection with the return of material by the contractor to theCorporation stores, wherever necessary under the provisions of the contract, shallbe borne by the contractor.(iii) The contractor shall maintain an account of receipt and use of materials issuedby the Corporation each day and submits the same monthly to the Engineer-in-Charge in the form as may be prescribed for the purpose of check and accounting.The contractor shall also, from time to time render proper account of all materialsissued by the Corporation. If the contractor fails to do so as aforesaid, no furthermaterial shall be issued to him and he shall be held responsible for any delay in theexecution of work, which may occur on this account.(iv) The godowns/stores of the contractor for storing the material like cement, etc.issued by the Corporation shall be provided with two locks on each door. The key ofone lock of each door shall remain with the Engineer-in-Charge or his representativeand the other with the contractor’s authorised agent at the site so that material isremoval from the godowns/stores only according to the daily requirements with theknowledge of both the parties.(V) CEMENT :(CEMENT SHALL BE ISSUED FREE OF COST TOCONTRACTOR)(a) Cement will be supplied to the contractor in bags as received from the suppliersor by weight at the rates specified in Schedule ‘B’ and will be consumed in work asper mix design approved by the Engineer-in-Charge.(b) In case cement is issued by bags as received from the suppliers and consumedby weight, an allowance of 5% (five percent) of the quantity of cement issued will beallowed to account for the difference between the quantity issued and thatconsumed. Alternatively, if cement is supplied by the Corporation by weight and alsoconsumed by weight, an allowance of 2% (two percent) of the quantity issued will beallowed to account for the difference between the quantity issued and thatconsumed.

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(c) The allowance as mentioned in (b) above shall be considered as inclusive of allwastages on account of handling, re-handling, transportation, storage or any otheraccount whatsoever as may be involved at any stage and such allowance shall be tothe contractor’s account. The recovery in this regard shall be affected by theEngineer-in-Charge from the monthly running bills at the rate as specified inSchedule ‘B’. However, if the limit of allowance in cement exceeds the aforesaidpermissible limits, the recovery shall be effected for such excess quantity at doublethe rate indicated in Schedule ‘B’ by the Engineer-in-Charge from the amount due tothe contractor.(d) The Contractor shall have to return at least 75% of the empty cement jute/plasticbags in good acceptable conditions to the bag-collecting agency and furnish proofthereof. In case the number of serviceable empty jute/plastic bags returned is lessthan 75% the Engineer-in-Charge shall effect recovery at the rate of Rupees two perbag falling short of aforesaid limit from the contractor’s bills or any other dues underthe contract by the department. In case the nos. of empty jute/plastic bags returnedis less than 75% of total issued quantities than Engineer-in-Charge shall effectrecovery @ Rs. 5.00 per bag falling short of aforesaid quantity from the contractor’sbills or any other dues under the contract.(VI) STEEL:(a) Reinforcement steel and structural steel will be supplied to the contractor onsectional weight basis (based on linear measurements multiplied by correspondingunit weight) at the rates specified in Schedule ‘B’. The same shall be accounted foron sectional weight basis while working out consumption.(b) In respect of reinforcement steel, cut pieces of 3 metre in length or more shall bereturned by the contractor to the Corporation. For calculation of actual consumptionof reinforcement laid at site (for purpose of measurements and payments) accordingto the bar-bending schedules, including lappages as authorised by the Engineer-in-Charge, shall be taken into account. In addition to above, an allowance of 2% for thequantity of reinforcement steel shall be considered as extra for chairs, pins andspacers, including cut pieces (non-returnable) and to cover wastages, if any for thepurpose of accounting only. The contractor shall also make payment for this 2% asaforesaid to the Corporation at the rates specified in Schedule ‘B’ and the Engineer-in-Charge shall make recovery on this account from the Contractor’s bills or otherdues. In case there is wastage of more than the permissible limit of 2% as aforesaid,the contractor shall pay to the Corporation for such excess at double the issue ratespecified in Schedule ‘B’ and the Engineer-in-Charge shall recover the amount onthis account from the contractor.(c) Structural steel shall be used by the contractor most economically and strictly inaccordance with the construction drawing or written instruction of the Engineer-in-Charge. For the purpose of accounting, the contractor shall be alowed 2% (twopercent) of the quantity of structural steel supplied to him as extra to cover anywastage at his cost, at the rates specified in Schedule ‘B’. In case the differencebetween the quantity supplied to the contractor and account of consumptionrendered exceeds 2%, then the contractor shall pay to the Corporation in respect ofsuch excess at double the rate(s) as specified in Schedule ‘B’ and recovery thereofon this account shall be made by the Engineer-in-Charge from the Contractor.(vii) Such materials shall be supplied for the purposes of the Contract only and thevalue of materials so supplied at the rates specified in the aforesaid schedule shallbe set off or deducted, as and when materials are consumed in items of work forwhich payment is being made to the Contractor, from any sums then due or whichmay thereafter become due to the Contractor under the Contract. At the time of

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submission of bills, the Contractor shall properly account for the materials issued tohim to the satisfaction of the Engineer-in-Charge and certify that balance of materialssupplied is available at site.(viii) Explosives, Detonators will be issued to the Contractor from the Corporationmagazine only after the contractor has constructed the magazines or has arrangedportable magazines obtained license for storage of the same, arranged licensedblaster and complied with all the relevant provisions of Law such as IndianExplosives Act, 1940, with amendments thereto.(ix) Materials rendered surplus shall, on completion of the works or on foreclosure ofwork or cancellation of contract shall be returned by the contractor at his expense atthe place from where the same was issued by the Corporation. If the contractor isadvised to return such material at a place other than from where if was issued, thecontractor shall deliver the material accordingly and in that case, the Corporationshall bear the extra charges, if any, on this account. Surplus stores and/or materialsreturned by the contractor will be credited to him at a price not exceeding that atwhich the stores and materials were originally issued to him but due considerationshall be given to and allowance claimed by Corporation in respect of anydepreciation or damage suffered by the stores and/or materials whilst in the custodyof the contractor.(x) On completion of works/foreclosure/cancellation, the contractor shall returnforthwith all the materials issued to him by the Corporation lying in hispossession/custody, failing which the Engineer-in-Charge shall be at liberty to effectrecovery at double the rates specified in Schedule ‘B’ for the aforesaid materials.23.5 The Engineer-in-Charge shall have full powers to require removal of any or allmaterials brought to site by the contractor, which are not in accordance with thecontract specifications or samples approved by him. Should the Contractor fail toremove the rejected materials, the Engineer-in-Charge shall be at liberty to havethem removed by other means at the contractor’s cost. The Engineer-in-Charge shallhave full powers to procure other proper materials to be substituted at contractor’scosts.23.6 (a) If construction material like cement, steel, explosive etc. are required by thecontractor for the bonafide use in his preliminary, enabling and ancillary works(relating to the works under the contract) and if such materials are available and canbe spared by the Corporation, the Engineer-in-Charge may issue the same to thecontractor on the issue rates of the Corporation prevalent at that time and on suchterms and conditions as may be stipulated by the Engineer-in-Charge. Providedfurther that the quantity of such materials are justified and has been assessed by theEngineer-in-Charge according to the plans and the phasing as approved by theEngineer-in-Charge.(b) The contractor shall have no claim whatsoever against the Corporation for non-issue of the construction material for Preliminary, Enabling and Ancillary work asmentioned in 23.6 (a) above. The decision of the Engineer- in-Charge in respect of23.6 (a) and (b) shall be final, conclusive and binding on the contractor.(c) The supply of the materials as per the approved/finalised plans,programmes/requirement shall be regulated with reference to the availability anddepending on the priorities with respect to various other works of the Project, as maybe fixed by the Chief Engineer of the Project and the Contractor shall have no rightor claim in this regard.23.7 It is a prime responsibility of the contractor to arrange for all the materials. TheEngineer-in-Charge may, however, assist the contractor on request in regard to

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procurement of H.S.D., Petrol, Lubricants for bonafide use on works from recognisedsuppliers.

CLAUSE - 24: POWER SUPPLY:24.1 Power (440 Volts, 3 Phase, 50 cycles) as received by the Corporation from theTransmission system and as required at site for use at the works by the contractorshall be supplied in bulk to him and charged at Rs. 4.50 per K.W.H. unit (asmentioned in Schedule ‘D’) on meter reading basis. The Contractor shall indicate hisrequirement of power and the actual requirements of power will be determined bythe Engineer-in-Charge whose decision in this regard shall be final and binding. Incase of failure of the hydel/Grid power supply, the Engineer-in-Charge may arrangesupply of power from the Diesel Generating Sets only to the extent possible. TheCorporation cannot ensure the continuous and uninterrupted supply of power as thepossibility of interruptions/failures/shutdown in the supply of power cannot be ruledout. Failure of normal supply of power or of diesel power by shutdowns or otherunforeseen circumstances will not entitle the contractor to claim any damage orcompensation or extention in the construction period whatsoever. In the event ofnon-supply of power by the Corporation due to power failure or to meet anyexigency, the contractor at his own cost shall make his own alternativearrangements to meet the requirements of power so that the execution of the workremains uninterrupted.24.2 Bill for charges of electrical energy supplied by the Corporation to thecontractor each month will be recovered from him in the next bill in respect of thework done by him. The contractor, at his own cost, shall provide and install allnecessary electrical installation, like switchgear, wiring, fixtures, Bulbs and othertemporary equipments for further distribution and utilisation of energy for power andlighting and shall remove the same on completion of the work. All jobs shall besuitably lighted by the contractor at his own expenses for their proper execution andinspection and to the satisfaction of the Engineer-in-Charge in accordance with theprovisions of the Indian Electricity Act/Rules or any other laws in force. All electricalworks of the contractor shall conform to the rules and regulations relating in suchworks in force from time to time as specified in the Indian Electricity Act/Rules and tothe satisfaction of the Engineer-in-Charge.

CLAUSE - 25: SUPPLY OF UNFILTERED WATER FORCONSTRUCTION PURPOSES:The Contractor shall make his own arrangements for water required for and inconnection with the work at his cost. It shall be the responsibility of the contractor tosatisfy himself that the water arranged by him is fit for construction and consumptionand he shall adequately treat such water whenever it is not found fit for the saidpurposes.

CLAUSE - 26: WATCHING AND LIGHTING:The Contractor shall provide and maintain at his expense all lights, guards, fencingand watching when and where necessary or as required by the Engineer-in-Chargefor the protection of the works or for the safety and convenience of those employedon the works or the public.

CLAUSE - 27: WORK DURING NIGHT OR ON SUNDAYS AND HOLIDAYS:

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27.1 Subject to any provision to the contrary contained in the contract, none of theworks shall be carried out during Sundays or holidays without the permission inwriting of the Engineer-in-Charge. However, when work is unavoidable or necessaryfor safety of life, property or works, the contactor shall take necessary actionimmediately and advise the Engineer-in-Charge accordingly.27.2 The Engineer-in-Charge may, however, direct the contractor that the work maybe carried out on holidays, Sundays and/or extra shifts to ensure completion ofworks under the contract as scheduled.

CLAUSE - 28: SITE DRAINAGE, PROTECTION OF TREES ANDPREVENTION OF NUISANCE:28.1 Unless otherwise provided in the contract, water which may accumulate on thesite during the progress of work or in trenches and excavations from any cause orsource whatsoever shall be removed from the site by the contractor to thesatisfaction of the Engineer-in-Charge, and at the Contractor’s expense.28.2 The Contractor shall endeavor to protect from damage trees marked by theEngineer-in-Charge at the site of work or in the lands licensed to him for use underthe contract. Where necessary the contractor shall provide at his expense temporaryfencing to protect such trees.28.3 The contractor shall at no time, cause or permit any nuisance on the site orcause anything which shall cause unnecessary disturbance or inconvenience to thepublic in general and owners/tenders/occupants of adjacent properties.

CLAUSE - 29: LABOUR:29.1 The contractor shall employ labour in sufficient numbers to maintain therequired rate of progress and of quality to ensure workmanship of the degreespecified in the contract and to the satisfaction of the Engineer-in- Charge. Thecontractor shall not employ in connection with the works any person who has notcompleted fifteen years of age.29.2 The Contractor shall furnish and deliver fortnightly to the Engineer-in-Charge, adistribution return of the number and description by trades of the works of peopleemployed on the works. The contractor shall also submit on the 4th and 19th ofevery month to the Engineer-in-Charge a true statement showing in respect of thesecond half of the preceeding month and the first half of the current month.(i) The accidents that occurred during the said fortnight showing the circumstancesunder which they happened and the extent of damage and injury caused by them,and(ii) The number of female workers who have been allowed maternity benefit aprovided in the Maternity Benefit Act 1961 or Rules made there under and theamount paid to them.29.3 The Contractor shall pay to labour employed by him either directly or throughsub-contractors wages not less than wages as defined in the Contract Labour(Regulation and Abolition) Act 1970 with General Rules framed thereunder andamendments made from time to time.The Contractor shall ensure to obtain the EPF code number from the concernedauthorities before start of work and will not engage any sub-contractor who does notpossess EPF code number.

29.4 The Contractor shall in respect of labour employed by him either directly orthrough sub-contractors comply with or cause to be complied with the Contract

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Labour (Regulation and Abolition) Act 1970 and Rules framed thereunder in regardto all matters provided therein.

During continuance of the Contract, the Contractor and his sub-contractorsshall abide at all times by all existing labour enactments and rules made thereunder,regulations, notifications and by e laws of State or Central Government or localauthority and any other labour law (including rules), regulations, bye laws that maybe passed or notification that may be issued under any labour law in future either bythe State or the Central Government or the local authority. The Contractor shallkeep the Employer indemnified in case any action is taken against the Employer bythe competent authority on account of contravention by the Contractor of any of theprovisions of any Act or rules made thereunder, regulations or Notifications includingamendments. If the Employer is caused to pay or reimburse, such amounts as maybe necessary to cause or observe, or for non-observance of the provisions stipulatedin the notifications/bye laws/acts/rules/regulations including amendments, if any, onthe part of the Contractor, the Engineer/Employer shall also have right to recoverfrom the Contractor any sum required or estimated to be required for making goodthe loss or damage suffered by the Employer.The employees of the Contractor and his sub-contractor in no case shall be treatedas the employees of the Employer at any point of time.

Salient features of some of the e major labour laws that are e applicable toconstruction industry are given below. (i) Workmen Compensation Act 1923 as amended by Amendment ActNo.65 of 1976.The Act provides for compensation in case of injury or death by accident arising outof and during the course of employment (ii) Payment of Gratuity Act 1972Gratuity is payable to an employee under the Act on satisfaction of certain conditionson separation if an employee has completed 5 years service or more or on death oron retirement or superannuation at the rate of 15 days wages for every completedyear of service. The Act is applicable to all establishments employing 10 or moreemployees.

(iii) Employees PF and Miscellaneous Provision Act 1952 includingFPS-71/EPS-95.The Contractor is required to possess PF Code from the concerned RegionalProvident Fund Commissioner. The benefits payable under the Act are:(a) Pension or family pension on retirement or death as the case may be.(b) Deposit linked insurance on the death in harness of the worker(c) Payment of PF accumulation on retirement/death etc. (iv) Equal Remuneration Act 1979The Act provides for payment of equal wages for work of equal nature to male andfemale workers and not for making discrimination against Female employees in thematters of transfers, training and promotions etc. (v) Trade Unions Act 1926The Act lays down the procedure for registration of trade unions of workmen andemployers. The trade unions registered under the Act have been given certainimmunities from civil and criminal liabilities.

(vi) Child Labour (Prohibition and Regulation) Act 1986The Act prohibits employment of children below 14 years of age in certain

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occupations and processes and provides for regulation of employment of children inall other occupations and processes. Employment of child labour is prohibited inBuilding and Construction Industry.

(vii) Inter-State Migrant Workmen's (Regulation of Employment andConditions of Service) Act 1979The Act is applicable to an establishment, which employs 5 or more inter-statemigrant workmen through an intermediary (who has recruited workmen in one statefor employment in the establishment situated in another state). The inter-statemigrant work men, in an establishment to which this Act becomes applicable, arerequired to be provided certain facilities such as housing, medical aid, travelingexpenses from home upto the establishment and back, etc.

29.5 The Contractor shall comply with the provisions of all the Acts, Laws, anyregulation or Bye Laws of any Local or other Statutory Authority applicable in relationto the execution of the works, such as :-i) Payment of Wages Act, 1936 (Amended).ii) Minimum Wages Act, 1948 (Amended).iii) The Contract Labour (Regulation & Abolition) Act, 1970 with Rules framed thereunder as amended.iv) Workmen Compensation Act, 1923, as amended by Amendment Act No. 65 of1976.v) Employer’s Liability Act, 1938 (Amended).vi) Maternity Benefit Act, 1961 (Amended).vii) The Industrial Employment (Standing Orders) Act, 1946 (Amended).viii) The Industrial Disputes Act, 1947 (Amended)ix) Payment of Bonus Act, 1965 and Amendment Act No. 43 of 1977 and No. 48 of1978 and any amendments thereof.x) The Personal Injuries (Compensation Insurance) Act, 1963 and any modificationsthereof and rules made there under from time to time. The Contractor shall take intoaccount all the above said financial liabilities in his quoted rates and nothing extra,whatsoever, shall be payable to him on this account.29.6 The contractor shall be liable to pay his contribution and the employee’scontribution to the State Insurance Scheme in respect of all labour employed by himfor the executionof the contract, in accordance with the provision of “the Employees State InsuranceAct 1948” as amended from time to time. In case the Contractor fails to submit fulldetails of his account of labour employed and the contribution payable, the Engineer-in- Charge shall recover from the running bills of the contractor an amount ofcontribution as assessed by him. The amount so recovered shall be adjusted againstthe actual contribution payable for Employees State Insurance.29.7 The Engineer-in-Charge shall on a report having been made by an InspectingOfficer as defined in the contract Labour (Regulation and Abolition) Act and Rules oron his own in his capacity as Principal Employer, have the power to deduct from theamount due to the contractor any sum required or estimated to be required formaking good the loss suffered by worker(s) by reason of non-fulfillment of theConditions of the Contract for the benefit of workers, nor-payment of wages or ofdeductions made from him for wages which are not justified by the terms of thecontract or non-observance of the said Act and Rules framed there under withamendments made from time to time.

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29.8 The Contractor shall indemnify the Corporation against any payments to bemade under and for observance of the Regulations, Laws, Rules as stipulated inclause 29.5 above without prejudice to his right to claim indemnity from his sub-contractors. In the event of the contractor’s failure to comply with the provisions of allthe Acts/Laws stipulated in Clause 29.5 or in the event of decree or award or orderagainst the contractor having been received from the competent authority onaccount of any default or breach or in connection with any of the provisions of theAct/Law/Rules mentioned in Sub-Clause 29.5 above, the Engineer-in-Charge,without prejudice to any other right or remedy under the contract shall beempowered to deduct such sum or sums from the Bills of the contractor or from hissecurity deposit or from other payment due under this contract or nay other contractto satisfy within a reasonable time the provisions of the variousActs/Laws/Rules/Codes as mentioned under Sub Clause 29.5 above, on the part ofthe contractor under the contractor on behalf of and at the expenses of thecontractor and make payment and/or provide amenities/facilities/servicesaccordingly. In this regard, the decision of the Engineer-in-Charge shall beconclusive and binding on the contractor.29.9 In the event of the Contractor committing a default or breach of any of theprovisions of the aforesaid Contractor’s Labour (Regulations and Abolition) Act andFules as amended from time to time or furnishing any information or submitting orfilling any Form/Register/Slip under the provisions of these Regulations which ismaterially incorrect, then on the report of the Inspecting Officer as defined in therelevant Acts and Rules as referred in clause 29.5 above, the Contractor shallwithout prejudice to any other liability pay to the Corporation a sum not exceedingRs. 50/- (Rupees fifty only) as liquidated damages for every default, breach orfurnishing, making, submitting, filling materially incorrect statement as may be fixedby the Engineer-in-Charge and in the event of the Contractor’s default is continuingin this respect the liquidation damages may be enhanced to Rs.50/- per day for eachday of default subject to a maximum of five per-cent of the estimated cost of theWorks put to tender. The Engineer-in-Charge shall deduct such amount from bills orsecurity deposit of the Contractor and credit the same to the Welfare Fundconstituted under the Regulations. The decision of the Engineer-in-Charge in thisrespect shall be final and binding.29.10The Contractor shall at his own expense comply with or cause to be compliedwith the Provisions/Rules provided for welfare and health of Contract Labour in theContract Labour (Regulation and Abolition) Act and other relevant Acts and Rulesframed there under or any other instructions issued by Corporation in this regard forthe protection of health and for making sanitary arrangements for workers employeddirectly or indirectly on the works. In case, the contractor fails to make arrangementsas aforesaid, the Engineer-in-Charge shall be entitled to do so and recover the costthereof from the contractor.29.11 The Contractor shall at his own expense arrange for the safety provisions aslaid down in Safety Manual of Corporation or as required by the Engineer-in-Charge,in respect of all labour directly or indirectly employed for performance of the Worksand shall provide all facilities in connection therewith. In case the contractor fails tomake arrangements and provide necessary facilities as aforesaid, the Engineer-in-Charge shall be entitled to do so and recover the cost thereof from the Contractor.But this will not absolve the contractor of his responsibility or otherwise thereof.29.12 Failure to comply with “Provisions/Rules made for Welfare and Health ofContract Labour”, Safety Manual, or the provisions relating to report on accidentsand grant of maternity benefits to female workers and all the relevant Acts/Rules

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referred in clause 29.5 above shall make the contractor liable to pay to theCorporation as liquidated damages an amount not exceeding Rs. 50.00 for eachdefault or materially incorrect statement. The decision of the Engineer-in-Charge insuch matters based on reports from the Inspecting Officers as defined in the relevantActs and rules as referred in clause 29.5 above shall be final and binding anddeductions for recovery of such liquidated damages may be made from any amountpayable to the contractor. In the event of any injury, disability or death of anyworkman in or about the work employed by the contractor either directly or throughhis sub-contractor, contractor shall at all times indemnify and save harmless theCorporation against all claims, damages and compensation under the WorkmenCompensation Act, 1923 as amended from time to time or in other Law for the timebeing in force and Rules thereunder from time to time and also against all costs,charges and expenses of any smooth action by proceedings arising out of suchaccidents or injury, disability or death of a workmen and against all sum or sumswhich may with the consent of the contractor be paid to compromise or compoundany claim in this regard. If any award, decree or order is passed against thecontractor for recovery of any compensation under the Workmen Compensation Act,1923, for any injury, disability or death of a workmen by any competent court, thesaid sum or sums shall be deducted by the Engineer-in-Charge from any sum thendue or that become due to the contractor or from his security deposit or sale thereofin full or part under the contract or any other contract with the Corporation towardsfulfillment of the said decree, award or orders.29.13 Provided always that the contractor shall have no right to demandpayments/claims whatsoever on account of his compliance with his obligations underhis clause and Labour Regulation except those specifically mentioned in the clause46 pertaining to Price Adjustment/Variation.

CLAUSE - 30: REMOVAL OF CONTRACTOR S MEN:The Contractor shall employ on the execution of the Works only such persons as areskilled and experienced in their respective trades and the Engineer-in-Charge shallbe at liberty to object to and require the contractor to remove from the works anypersons employed by the Contractor on the execution of the works who, in theopinion of the Engineer-in-Charge, mis-conducts himself or is incompetent ornegligent in the proper performance of his duties. The contractor shall forth-withcomply with such requisition and such person shall not be again employed upon theworks without permission of the Engineer-in-Charge. Any person so removed shallbe replaced immediately.

CLAUSE - 31: MATERIALS OBTAINED FROM EXCAVATIONAND TREASURE, TROVE, FOSSILS ETC.:31.1 Materials of any kind obtained from excavation on the site shall remain theproperty of the Corporation and shall be disposed off as directed by the Engineer-in-Charge.31.2 However, if any of the materials thus obtained from excavation on the site issuch as can be used in execution of the work under the contract, the contractor willbe allowed touse the same free of cost (except that any amount of royalty paid for in this regardby theCorporation shall be recoverable from the contractor) for the aforesaid purposeprovided the same is found suitable and is approved by the Engineer-in-Charge.

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31.3 Fossils, coins, articles of value, structures and other remains or things ofGeological or Archeological interest discovered on the site shall be absolute propertyof the Corporation. The contractor shall take reasonable precautions to prevent hislabour or any other person from removing or damaging any such article or thing andshall immediately upon the discovery thereof and before removal acquaint theEngineer-in-Charge with such discovery and carry out the Engineer-in-Charge’sdirections as to the disposal of the same at the expense of the Corporation.

CLAUSE - 32: FORCE MAJEURE:32.1 The term “Force Majeure” shall herein mean riots (other than among thecontractor’s employees). Civil Commotion (to the extent not insurable), war (whetherdeclared or not), invasion, act of foreign enemies, hostilities, civil war, rebellion,revolution, insurrection, military or usurped power, damage from aircraft, nuclearfission, acts of God, such as earthquake (above 7 magnitude on Reichter Scale),lightning, unprecedented floods, fire not caused by contractor’s negligence and othersuch causes over which the contractor has no control and are accepted as such bythe Engineer-in-Charge, whose decision shall be final and binding. In the event partybeing rendered unable by Force Majeure to perform any obligation required to beperformed by them under this contract, the relative obligation of the party effected bysuch Force Majeure shall be treated as suspended for the period during which suchForce Majeure cause lasts, provided the party alleging that it has been renderedunable as aforesaid, thereby shall notify within 10 days of the alleged beginning andending thereof giving full particulars and satisfactory evidence in support of suchcause.32.2 On occurrence of Force Majeure the liability of either party shall be dealt withinaccordance with the provisions of sub-clause 34.2.32.3 Should there be a request for extension of time arising out of “Force Majeure”the same shall be considered in accordance with clause 39.

CLAUSE - 33: LIABILITY FOR DAMAGE, DEFECTS ORIMPERFECTIONS AND RECTIFICATIONS THEREOF:33.1 If the Contractor or his labour or sub-contractor, injure, destroy or damage road,fence enclosures, water pipe, cables, building, drains, electricity or telephone posts,wires, trees, grass line, cultivated land in the area in which they may be working or inthe areas contiguous to the premises on which the work or any part of it is beingexecuted or if any damage is caused during the progress of work, the Contractorshall upon receipt of a notice in writing in that behalf from the Engineer-in-Charge,make the same good at his costs.33.2 If it appears to the Engineer-in-Charge or his representative at any time duringconstruction or reconstruction or prior to the expiration of the Defects Liability periodas specified in Schedule ‘D’ that any work has been executed with unsound,imperfect or unskilled workmanship or that any materials or articles provided by theContractor for execution of the work are unsound or of a quality inferior to thatcontracted for, or otherwise not in accordance with the Contract, or that any defect,shrinkage or other faults found in the work arising out of defective of impropermaterials or workmanship, the Contractor shall, upon receipt of a notice in writing inthat behalf from the Engineer-in-Charge, forthwith rectify or remove and reconstructthe work so specified in whole or in part, as the case may be, and/or remove thematerials/ articles so specified and provide other proper and suitable materials at hisown expense.

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33.3 If the contractor fails to rectify, make good or remove and reconstruct the workas notified herein above, the Engineer-in –charge shall have power to carry-out suchdamages, defects or imperfections by any means or through any other agency of byhimself at the risk and cost of the Contractor. In such a case the value of suchrectification/replacement, reconstruction through such agencies shall be recoveredfrom the Contractor from any amount due to him. The decision of Engineer-in –Charge in this regard shall be final and binding on the Contractor.

CLAUSE - 34: CONTRACTOR S LIABILITY AND INSURANCE:34.1 From commencement to completion of the work(s) as a whole, the Contractorshall take full responsibility for the care thereof and for taking precautions to preventloss or damage. He shall be liable for any damage or loss that may happen to theworks or any part thereof and to the Corporation’s Plant, Equipment and Material(hired or issued to the Contractor) shall be in good order and condition andinconformity in every respect with the requirements of the Contract and instructionsof the Engineer-in-Charge.34.2 i) Neither party to the contract shall be liable to the other in respect of any lossor damage which may occur or arise out of “Force Majeure” to the works or any partthereof or to any material or article at site but not incorporated in the works or to anyperson on anything or material what so ever of either party provided such a loss ordamage could not have been foreseen or avoided by a prudent person and theeither party shall bear losses and damages in respect of their respective men andmaterials. As such liability of either parties shall include claims/compensations of thethird party also.ii) Provided, however, in an eventuality as mentioned in sub-clause 34.2 (i) above,the following provisions shall also have effect :(a) The Contractor shall, as may be directed in writing by the Engineer-in-Charge,proceed with the erection and completion of the works under and in accordance withthe provisions and conditions of the contract; and(b) The Contractor shall, as may be directed in writing by the Engineer-in-Charge,re-execute the works lost or damaged, remove from the site any debris and so muchof the works as shall have been damaged and carry the Corporation’s T & P, Plantand Equipment, Material etc. to the Corporation’s store. The cost of such re-execution of the works, removal of damaged works and carrying of Corporation’sstore shall be ascertained in the same manner as for deviations and this shall beadded to the contract sum.

Provided always that the Contract shall, at his own cost, repair and makegood so much of the loss or damage as has been occasioned by any failure on hispart to perform his obligations under the contract or not taking precautions to preventloss or damage or minimize the amount of such loss or damage.34.3 The contractor shall indemnify and keep indemnified the Corporation against alllosses and claims for death, injuries or damage to any person or any propertywhatsoever which may arise out of or in consequence of the construction andmaintenance of works during the contract period and also against all claims,demands, proceedings, damages, costs, charges and expenses whatsoever inrespect of or in relation thereto, and such liabilities shall include claimscompensations of the third party.34.4 Within 10 days of insurance of Letter of Award the Contractor shall, without in

any way limiting his obligations and responsibilities under this condition, insureand pay all costs and maintain the insurance premium throughout the period ofContract, with the following coverage.

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(a) the Contractor’s Equipment brought at the site by the Contractor in terms ofClause 13.1.2iii of GCC., and

(b) the contractor’s workmen and public liability.34.5 Scope of Cover:The insurance in paragraphs (a), (b) and (c) of Sub-Clause 34.4 shall be in the jointnames of the Contractor and the Employer and shall cover:

(a) The Employer and the Contractor against all loss or damage fromwhatsoever cause arising other than as provided in Sub-Clause 34.6 fromthe Commencement date until the date of issue of the relevant CompletionCertificate in respect of the works, and

(b) the Contractor for his liability:(i) during the Defects liability period for loss or damage arising from a cause

occurring prior to the commencement of the Defects liability period and(ii) For loss or damage occasioned by the Contractor in the course of any

operations carried out by him for the purpose of complying with hisobligations under Clause 43.

34.6 There shall be no obligation for the insurance in Sub-Clause 34.4 to includeloss or damage caused by:

(a) War, hostilities (whether war be declared or not), invasion act offoreign enemies.

(b) Rebellion, revolution, insurrection, or military or usurped power, or civilwar.

(c) ionizing radiations, or contamination by radio-activity from any nuclearfuel or from any nuclear waste from the combustion of nuclear fuel,radio-active toxic explosive or other hazardous properties of anyexplosive nuclear assembly or nuclear component thereof or

(d) Pressure waves caused by aircraft or other aerial devices traveling atsonic or supersonic speeds.

34.7 If the Contractor receives instructions from the Employer to insure against WarRick, such insurance if available shall be effected, at the cost of the Employer.

34.8 The Contractor shall, without limiting his or the Employer’s obligations andresponsibilities, insure, in the joint names of the Contractor and the Employer,against liabilities for death of or injury to any person or loss of or damage toany property (other than the works) arising out of the performance of theContract for at least the amount stated here under:

(i) Public liability limits for bodily injury not less than Rs. 2,50,000 and/or fordeath not less than Rs. 5,00,000 per person for each accident (CARPolicy).

(ii) Property liability limits for each accident not less than Rs.10, 00,000 (tenlacs). Limit of total liability both for Public and Property under sub-clause34.8 (i) and (ii) shall be 10 % of Contract Price.

34.9 The insurance policy shall include a cross liability clause such that theinsurance shall apply to the Contractor and to the Employer as separateinsured.

34.10 The Employer shall not be liable for in respect of any damages orcompensation payable to any workman or other person in the employment ofthe Contractor or any subcontractor, other than death or injury resulting fromany act or default of the Employer, his agents or servants. The contractorshall indemnify and keep indemnified the Employer against all such damagesand compensation, other than those for which the Employer is liable as

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aforesaid, and against all claims, proceedings, damages costs, charges andexpenses whatsoever in respect thereof or in relation thereto.

34.11 The Contractor shall insure against such liability and shall continue suchinsurance during the whole of the time and that any persons are employed byhim on the Works. Provided that, in respect of any persons employed by anysubcontractor, the contractor’s obligations to insure as aforesaid under thisliability in respect of such persons in such manner that the Employer isindemnified under the policy, but the Contractor shall require such sub-contractor to produce to the Employer, when required, such policy of insuranceand the receipt for the payment of the current premium.

34.12 Within 7 days of the Commencement Date, the contractor shall provide theinsurance policies to Engineer-in-charge. Such insurance policies shall beconsistent with the general terms agreed prior to the issue of the Letter ofAcceptance. The Contractor shall effect all insurances for which he isresponsible with insurers and in terms approved by the Employer.

34.13 The contractor shall notify the insurers of changes in the nature, extent orProgramme for the execution of the Works and ensure the adequacy of theinsurances at all times in accordance with the terms of the Contract and shall,when required, produce to the Employer the insurance policies in force and thereceipts for payment of the current premiums.

34.14 If the Contractor fails to effect and keep in force any of the insurance requiredunder the Contract, or fails to provide the policies to the Engineer-in-chargewithin the period required by Sub-Clause 34.12 then and in any such case theEngineer-in-charge may effect the recovery of such premia on pro-rata basisfrom the interim bills of the Contractor. Additionally the payment of interimbills may also be suspended until the Contractor complies with therequirements of sub clause 34.12 of these conditions. If non-insuranceprolongs for a period of continuous 2 months, the Employer may treat it asDefault of Contractor as per the provisions of clause 38 of GCC.

34.15 In the event that the Contractor or the Employer fails to comply with conditionsimposed by the insurance policies effected pursuant to the contract, such shallindemnify the other against losses and claims arising from such failure.

34.16 The contractor shall at his own expense arrange for the safety provisions aslaid down in Safety Manual of the Employer in respect of the works coveredunder this Contract. In case, the Contractor fails to comply with the provisionsof the safety manual, the Engineer-in-charge shall be entitled to and make thenecessary arrangement at the risk and cost of the Contractor. This will,however, not absolve the Contractor of his ever all responsibility to execute theworks under the Contract.

34.17 Provided that provisions made under sub-clause 34.3 and 34.8 of theseconditions shall not be applicable for the Works costing (Estimated cost put totender / tender check estimate/ Technical Sanctioned estimate) less than 10(one hundred) lacs. For the works costing less than 100 (one hundred) lacsthe contractor shall avail ‘group personal accident insurance policy’ coveringall the personnel employed by the Contractor for execution for Workscomplying requirement of Workmen Compensation Act 1923 as amended byAmendment Act No. 65 of 1976.

CLAUSE - 35 : SUSPENSION OF WORKS :35.1 The contractor shall on the order of the Engineer-in-Charge suspend theprogress of the works or any part thereof for such time or times and in such manneras the Engineer-in-Charge may consider necessary and shall during such

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suspension properly protect and secure the work so far as is necessary in theopinion of the Engineer-in-Charge. If such suspension is :-(a) Provided for in the contract, or(b) Necessary for the proper execution of the works or by reason of weatherconditions or by some default on the part of the condition, or(c) Necessary for the safety of the works or any part thereof. The contractor shall notbe entitled to extra costs (if any) incurred by him during the period of suspension ofthe works; but in the event of any suspension ordered by the Engineer-in-Charge forreasons other than aforementioned and when each such period of suspensionexceeds 14 days, the contractor shall be entitled to such extension of time forcompletion of the works as the Engineer-in-Charge may consider proper havingregard to the period or periods of such suspensions and to such compensation asthe Engineer-in-Charge may consider reasonable in respect of salaries or wagespaid by the contractor to his employees during the periods of such suspension.35.2 If the progress of works or any part thereof is suspended on the order of theEngineer-in-Charge for more than three months at a time the contractor may serve awritten notice on the Engineer-in-Charge requiring permission within 15 days fromthe receipt thereof to proceed with the works or that part thereof in regard to whichprogress is suspended and if such permission is not granted within that time thecontractor by a further written notice so served may (but is not bound to) elect totreat the suspension where it affects part only of the works as on omission of suchpart or where it effects the whole of the works as an abandonment of the contract bythe Corporation.

CLAUSE - 36: FORECLOSURE OF CONTRACT IN FULL OR INPART DUE TO ABANDONMENT OR REDUCTION IN SCOPE OFWORK:36.1 If at any time after acceptance of the tender the Corporation decides toabandon or reduce the scope of works for reason whatsoever and hence does notrequire the whole or any part of the Works to be carried out, the Engineer-in-Chargeshall give notice in writing to that effect to the contractor and the Contractor shallhave no claim to any payment of compensation or otherwise whatsoever, on accountof any profit or advantage which he might have derived from the execution of theworks in full but which he could not derive in consequence of the fore-closure of thewhole or part of the works. The Contractor shall be paid at contract rates for fullamount of the works executed at Site and, in addition, a reasonable amount ascertified by Engineer-in-Charge for the items hereunder mentioned which could notbe utilised on the work to the full extent because of the foreclosure:(a) Any expenditure incurred on preliminary works, e.g. temporary access roads,temporary labour huts, staff quarters and site office; storage accommodation andwater storage tanks.(b) (i) The Corporation shall have the option to take over contractor’s materials orany part thereof either brought to site or of which the contractor is legally bound toaccept delivery from suppliers (for incorporation in or incidental to the work),provided, however, the Corporation shall be bound to take over the material or suchportions thereof as the Contractor does not desire to retain. The cost shall, however,take into account purchase price, cost of transportation and deterioration or damagewhich may have been caused to materials whilst in the custody of the Contractor.(ii) For Contractor’s materials not retained by the Corporation, reasonable cost oftransporting such materials from Site to Contractor’s permanent stores or to his other

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Works, whichever is less. If material are not transported to either of the said places,no cost of transportation shall be payable.(c) If any materials supplied by the Corporation are rendered surplus, the sameexcept normal wastage shall be returned by the Contractor to the Corporation atrates not exceeding those at which these were originally issued less allowance forany deterioration or damage which may have been caused whilst the materials werein the custody of the Contractor.(d) Reasonable compensation for transfer of T & P from Site to Contractor’spermanent stores or to his other works whichever is less. If T & P are not transportedto either of the said places, no cost of transportation shall be payable.36.2 The Contractor shall, if required by the Engineer-in-Charge, furnish to himbooks of account, wage books, time sheets and other relevant documents as may benecessary to enable him to certify the reasonable amount payable under thiscondition.

CLAUSE - 37: TERMINATION OF CONTRACT ON DEATH:If the Contractor is an individual or a proprietary concern and the individual or theproprietor dies, or if the Contractor is a partnership concern and one of the partnersdies, unless the Engineer-in-Charge is satisfied that the legal representatives of theindividual contractor or of the proprietor of the proprietary concern and in the case ofpartnership, the surviving partners are capable of arrying out and completing thecontract, the Engineer-in-Charge shall be entitled to terminate the Contract as to itsin completed part without the Corporation being in any way liable to payment of anycompensation whatsoever on any account to the estate of the deceased Contractorand/or to the surviving partners of the Contractor’s firm on account of termination ofthe contract. The decision of the Engineer-in-Charge that the legal representatives ofthe deceased contractor or the surviving partners of the Contractor’s firm cannotcarry out and complete the works under the contract shall be final and binding on theparties. In the event of such termination, the Corporation shall not hold the estate ofthe deceased Contractor and/or the surviving partners of the Contractor’s firm liablefor damages for not completing the contract. Provided that the power of theEngineer-in-Charge of such termination of contract shall be without prejudice to anyother right or remedy which shall have accrued or shall accrue to him under thecontract.CLAUSE - 38: DEFAULT BY THE CONTRACTOR ANDTERMINATION OF CONTRACT IN FULL OR IN PART:38.1 If the contractor:(i) Commits default in complying with or commits breach or any of the terms andconditions of the contract and does not remedy it or take effective steps to remedy itimmediately and not later than 10 days in any case after a notice in writing is givento him in that behalf by the Engineer-in-Charge ; or(ii) Fails to complete the work(s) or any item of work(s) within the time specified inschedule ‘C’ or any extended time under the contract and does not complete thework(s) or any item of work(s) within the period specified in a notice given in writingin that behalf by the Engineer-in-Charge; or(iii) Shall offer or give or agree to give to any person in Corporation’s service or toany other person on his behalf any gift or consideration of any kind as aninducement or reward for doing or forbearing to do or for having done or forborne todo any act in relation to the obtaining or execution of this or any other contract forthe Corporation; or

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(iv) Shall enter into a contract with the Corporation in connection with whichcommission has been paid or agreed to be paid by him or to his knowledge unlessthe particulars of any such commission and the terms of payment thereof havepreviously been disclosed in writing to the Engineer-in-Charge ; or(v) Shall obtain a Contract with the Corporation as a result of ring tendering or othernon-bonafide methods of competitive tendering ; or(vi) Being an individual, or if a firm, any partner thereof, shall at any time beadjudged insolvent or have a receiving order or order for administration of his estatemade against him or shall take any proceedings for liquidation for the purpose ofamalgamation or reconstruction under any Insolvency Act for the time being in forceor make any conveyance or assignment of his effective or composition orarrangement for the benefit of his creditors or purport as to do, or if any applicationbe made under any Insolvency Act for the time being in force for the sequestration ofhis estate or if a trust deed be executed by him for benefit of his creditors ; or(vii) Being a company shall pass a resolution or the Court shall make an order for theliquidation of its affairs or a receiver or manager on behalf of the debenture holdersshall be appointed or circumstances shall arise which entitle the Court or debentureholders to appoint a receiver a manager; or(viii) Shall suffer an execution in an execution being levied on his goods; or(ix) Assigns, transfers, sublets (engagement of labour on a piece-work basis or oflabour with materials not being incorporated in the work shall not be deemed to besubletting) or attempts to assign, transfer or sublet the entire works or any portionthereof without the prior written approval of the Engineer-in-Charge.

The Engineer-in-Charge shall have powers to terminate the contract in full orin part as aforesaid without prejudice to any other right or remedy which shall haveaccrued or shall accrue of which cancellation notice in writing to the Contractorunder the hand of the Engineer-in-Charge shall be conclusive evidence.38.2 The Engineer-in-Charge shall, on such termination of the contract, have powers(i) to take possession of the site of work under the contract as well as theland/premises allotted to the contractor for his preliminary, Enabling and Ancillaryworks and (ii) also any materials, constructional plant, equipment, implements,stores, structures etc. thereon. The Engineer-in-Charge shall also have powers tocarry out the incomplete work by any means or through any other agency or byhimself at the risk and cost of the contractor. In such a case, the value of the workdone through such agencies shall be credited to the Contractor at his contract pricesand the contractor shall pay the excess amount, if any, incurred in completing thework as aforesaid, as stipulated under sub-clause 38.4 hereunder.38.3 On termination of the contract in full or in part, the Engineer-in-Charge maydirect that a part or whole of such plant, equipment and materials, structures beremoved from the site of the work as well as from the land/ premises allotted to thecontractor for his preliminary, enabling and ancillary works, within a stipulatedperiod. If the contractor shall fail to do so within the period specified in a notice inwriting by the Engineer-in-Charge, The Engineer-in-Charge may cause them to besold, holding the net proceeds of such sale to the credit of the contractor, which shallbe released after completion of works and settlement of amounts under the contract.38.4 If the expenses incurred or to be incurred by the Corporation for carrying outand completing the incomplete work or part of the same, as certified by theEngineer-in-Charge, are in excess of the value of the work credited/to be credited tothe contractor, the difference shall be paid by the contractor to the Corporation. If thecontractor fails to pay such an amount, as aforesaid, within thirty days of receipt ofnotice in writing from the Engineer-in-Charge, the Engineer-in-Charge shall be

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empowered to recover such amount from any sums due to the contractor on anyaccount under this or any other contract or from his security deposit or otherwise.38.5 Also, the Engineer-in-Charge shall have the right to sell any or all of thecontractor’s unused materials, constructional plant, equipment, implements,temporary buildings/structures etc. and apply the proceeds of sale thereof towardsthe satisfaction of any sums due from the contractor under the contractor and ifthereafter there may be any balance outstanding from the contractor, the Engineer-in-Charge shall have powers to recover the same in accordance with the provisionsof the contract.38.6 All decisions/actions of the Engineer-in-Charge under this clause, as aforesaid,shall be conclusive and binding on the contractor.

CLAUSE - 39: COMPLETION TIME AND EXTENSIONS:39.1 Time allowed for execution of the work at specified in Schedule ‘D’ or theextended time, if any, in accordance with these conditions shall be essence of thecontract.

39.2 However, if the work is delayed on account of :(i) Increase in the quantity of work to be done under the contract as per clause 18 ;or(ii) Suspension of work as per clause 35 ; or(iii) Rebuilding of work as per clause 34 ; or(iv) “Force Majeure” ; or(v) Any other cause which, in absolute discretion of the Engineer-in-Charge isbeyond the contractor’s control ; then immediately upon the happening of any suchevent as aforesaid, the contractor shall inform the Engineer-in-Charge accordingly,but the contractor shall nevertheless use constantly his best endeavors to preventand/or make good the delay and shall do all that may be required in this regard. TheContractor shall also request, in writing, for extension of time, to which he mayconsider himself eligible under the contract, within fourteen days of the date ofhappening of any such events as indicated above.39.3 In any such case as may have arisen due to any of the events, as aforesaid,and which may have been brought out by the contractor in writing, the Engineer-in-Charge may give a fair and reasonable extension of time, after taking intoconsideration the nature of the work delayed and practicability of its execution duringthe period of extension. Provided in the event of non-receipt of a request of arequest for such extensions from the contractor for reasons whatsoever, theEngineer-in-Charge may, at his sole discretion and with due regard to the event,grant fair and reasonable extension of time sue motto. Such extensions, ifadmissible, shall be communicated to the contractor by the Engineer-in-Charge inwriting within one month of the date of receipt of such request or within one month ofthe occurrence of the event, but in any case before expiry of the contract period.CLAUSE - 40: COMPENSATION FOR DELAY:40.1 If the contractor fails to complete all items of work(s) in respect of any of thesub-group/group and/or work as a whole, as the case may be and as specified inSchedule ‘C’, before the expiry of the period(s) of completion as stipulated in theaforesaid Schedule, or any extended period (not due to the fault of the contractor) asmay be allowed, he shall without prejudice to any other right or remedy of theCorporation on account of such default, pay as an ascertained/agreed compensationnot by way of penalty, such amount as stipulated in the aforesaid Schedule ‘C’.

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40.2 Should, however, the contractor achieve the completion of the entire works as awhole under the contract within the time as stipulated in Schedule ‘D’ or in theextended time (not due to reasons of default on the part of the contractor) as may beaccorded, the Corporation will refund to him the amount of compensation recoveredfrom him, if any, in respect of delay in the non completion of work(s) under theindividual group/subgroup, as aforesaid in full. In this regard, the decision of theEngineer-in-Charge shall be final and binding.40.3 The amount of compensation may be adjusted/withheld/deducted or set offagainst any sum due or payable to the contractor under this or any other contractwith the Corporation.CLAUSE - 41: INSPECTION AND APPROVAL:41.1 All works embracing more than one process shall be subject to examinationand approval at each stage thereof and the Contractor shall give due notice to theEngineer-in-Charge or his authorised representative, when each stage is ready. Indefault of such notice, the Engineer-in-Charge shall be entitled to appraise thequality and extent thereof and the decision of the Engineer-in-Charge in this regardshall be final and binding.41.2 No work shall be covered or put out of view without the approval of theEngineer-in-Charge or his authorised representative and the Contractor shall affordfull opportunity for examination of foundations before permanent work is p acedthereon. The Contractor shall give due notice to the Engineer-in-Charge or hisauthorised representative whenever any such work or foundation is ready forexamination and the Engineer-in- Charge or his representative shall, withoutreasonable delay, unless he considers it unnecessary and advise the Contractoraccordingly, examine and measure such work or such foundations. In the event ofthe failure of the contractor to give such notice, he shall, if required by the Engineer-in-Charge, uncover such work at the Contractor’s expense.41.3 The Engineer-in-Charge or his representative shall have powers at any time toinspect and examine any part of the Works and the Contractors shall give suchfacilities as may be required for such inspection and examination.41.4 The Contractor shall uncover any part of the works and/or make opening in orthrough the same as the Engineer-in-Charge may from time to time direct for hisverification and shall reinstate and make good such part to the satisfaction of theEngineer-in-Charge. If any such part has been covered up or put out of view afterbeing approved by the Engineer-in-Charge and is subsequently found, onuncovering, to be executed in accordance with the contract, the expenses ofuncovering and/or making openings in or through, reinstating and making good thesame. Shall be borne by the Corporation. In any other causes all such expensesshall be borne by the Contractor.

CLAUSE - 42: COMPLETION CERTIFICATE:42.1 The work shall be completed to the entire satisfaction of the Engineer-in-Charge and in accordance with the time mentioned in Schedule ‘D’ and terms andconditions mentioned in clause 39. As soon as the work under the contract iscompleted as a whole, the contractor shall give notice of such completion to theEngineer-in- Charge. The Engineer-in-Charge, within thirty days of receipt of suchnotice, shall inspect the work and shall satisfy himself that the work(s) has beencompleted in accordance with the provisions of the Contract and then issue to theContractor a certificate of completion indicating the date of completion. Should theEngineer-in- Charge notice that there are defects in the works or the works are notconsidered to be complete, he shall issue a notice in writing to the Contractor to

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rectify/replace the defective work or any part thereof or complete the work, as thecase may be, within such time as may be notified and after the contractor hascomplied with as aforesaid and give notice of completion, the Engineer-in-Chargeshall inspect the work and issue the completion certificate in the same manner asaforesaid.42.2 No certificate of completion shall be issued as stipulated under 42.1 above norwork be considered to be competed unless the contractor shall have removed fromthe work site and/or premises all his belongings/ temporary arrangementsbrought/made by him for the purpose of execution of the work and clean the siteand/ or premises in all respects and made the whole of the site and/or premises fitfor immediate occupation/use to the satisfaction of the Engineer-in-Charge. If thecontractor fails to comply with the above-mentioned requirements on or before thedate of completion of the work, the Engineer-in-Charge, may, as he thinks fit and atthe risk and cost of the contractor, fulfill such requirements and remove/dispose ofthe contractor’s belongings/temporary arrangements, as aforesaid, and thecontractor shall have no claim in this respect except for any sum realized by the saleof Contractor’s belongings/temporary arrangements less the cost of fulfilling the saidrequirements and any other amount that may be due from the contractor. Should theexpenditure on the aforesaid account exceed the amount realized by sale of suchcontractor’s belongings/temporary arrangements then the contractor shall ondemand, pay the amount of such excess expenditure.

CLAUSE - 43: DEFECTS LIABILITY PERIOD:The Contractor shall be responsible to make good and remedy, at his cost, withinsuch period as may be stipulated by the Engineer-in-Charge, any defects which maydevelop or may be noticed before the expiry of the period mentioned in Schedule ‘D’from the certified date of completion of the entire work (including and comprising ofall the group/sub-groups of works, if any) covered under the contract.43.1 The "Defect Liability Period" for the entire work under the Contract is 12 monthsfrom the certified date of completion as per clause 42.43.2 If during the Defects Liability Period any portion of the Works is found defectiveor deficient in any manner and is repaired/rectified/replaced pursuant to the defectsliability provisions of the Contract, the Defects Liability Period for such portion of theWorks, shall, notwithstanding anything to contrary contained herein, be operative fora further period of 6 months from the date of such repair/rectification/ replacementbut shall not in any case be operative for more than 18 months from the date ofcompletion stated in the Completion Certificate.CLAUSE - 44 : MEASUREMENTS :44.1 The Engineer-in-Charge shall except as otherwise stated ascertain anddetermine by measurement, the value of work done in accordance with the contract.44.2 Notwithstanding any provision in the relevant standard method of measurementor any general or local custom, measurement of work done under the contract shallbe taken in accordance with the procedure set forth in the Technical Specificationsor Schedule of Quantities under the contract. In the case of items of work which arenot covered by the Technical Specifications or Schedule of Quantities measurementshall be taken in accordance with the relevant standard methods of measurementslaid down by the Indian Standard Institution.44.3 All items having a financial value shall be entered in measurement book, levelbook, etc., prescribed by the Corporation so that a complete record is maintained ofall work performed under the contract.

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44.4 Measurement shall be taken jointly by the Engineer-in-Charge or his authorisedrepresentative and by the Contractor or his authorised representative.44.5 Before taking measurements of any work, the Engineer-in-Charge orrepresentative deputed by him for the purpose, shall give a reasonable notice to theContractor. If the Contractor fails to attend or send an authorised representative formeasurement after such a notice or fails to countersign or to record the objectionwithin a week from the date of taking the measurements, then in that event themeasurements taken by the Engineer-in-Charge shall be taken to be correct andfinal measurements of such work.44.6 The contractor shall, without extra charge, provide assistance with everyappliance, labour and other things necessary for measurement.44.7 Measurements shall be signed and dated by both parties each day on the Siteon completion of measurement. If the contractor objects to any of the measurementsrecorded by the representative of the Engineer-in-Charge a note to the effect shallbe made in the measurement book against the item objected to and such note shallbe signed and dated by both parties engaged in taking the measurement. Thedecision of the Engineer-in-Charge on any such dispute or difference orinterpretation shall be final and binding on the contractor in respect of all contractitems, substituted item, extra items and deviations. Provided that items of workwhich are not susceptible to measurement at the later date must be measured jointlyand signed accordingly by both the parties at the time of execution of such items.CLAUSE - 45: PAYMENT ON ACCOUNT:45.1 /Running Account/Interim bills shall be submitted by the Contractor monthly, onor before the date fixed by the Engineer-in-Charge for the work executed. TheEngineer-in-Charge shall then arrange to have the bills verified with reference to themeasurements recorded in the measurement book(s).45.2 Payment on account for amount admissible shall be made on the Engineer-in-Charge certifying the sum to which the contractor is considered entitled by way ofinterim payment for the work executed, after deducting there from the amountsalready paid, the security deposit and such other amounts as may be withheld/deductable or recoverable in terms of the Contract.45.3 Payment of the Contractor’s bills shall be made by the Corporation within 30days from the date of submission of the bill subject to the acceptance of theEngineer-in-Charge.45.4 Payments due to the contractor shall be made by crossed cheque by theEngineer-in-Charge or his authorised representative. Such cheques shall be issueddirect to the contractor on furnishing a stamped receipt for the amount of the chequeor to his constituted attorney duly authorised to receive such payments from theEngineer-in-Charge.45.5 Any interim certificate given relating to work done or materials delivered, maybe modified or corrected by any subsequent interim certificate or by the finalcertificate. No certificate(s) of the Engineer-in- Charge supporting an interimpayment shall itself be conclusive evidence that any work or materials to which itrelates is/are in accordance with the contract.45.6 Should there be a request for extension of date of completion, pending itsconsideration interim payments shall continue to be made as provided herein.

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CLAUSE - 46 : PRICE ADJUSTMENT/VARIATIONS : 6.1 Payment to Contractor for work done shall be adjusted for increase or decreasein the cost of Labour, Materials (except for those materials supplied by theCorporation) and Petrol, Diesel, Oil and Lubricants (P.O.L.) according to theprocedure mentioned hereunder

A. LABOURIf after the date of opening of tender and during the currency of the Contract, there isany increase or decrease in the cost of labour as reflected in the “All India ConsumerPrice Index”, the corresponding increase or decrease in the payments to thecontractor on this account shall be calculated by the formula :V1 = L100R X ( I - Io )IoWhere: V1 = Amount to be adjusted in contractor’s payment for the work done duringthe quarter under consideration.L = Percentage of Labour component in the value of work a mentioned in Schedule‘D’R = Value of work done and payable during the quarter under review (excludingthose Extra, Additional, Substituted and Altered items of work, whose rates havebeen worked out and paid on the basis of actual analysis of costs or based on thecurrent market rates.Io = All India Consumer Price Index for Industrial Workers, General Index (Base1960-100) for the month in which tenders were opened, as published in the IndianLabour Journal of ‘Labour Bureau’, Ministry of Labour, Government of India.I = All India Average Consumer Price Index for Industrial Workers (General Index)with respect to the same base, as above, average for the three months of the quarterunder consideration.B. MATERIALS :If after the date of opening of the tender and during the currency of the Contract,there is any increase or decrease in the prices of materials (to be arranged by theContractor as reflected in the Revised Index Numbers of Wholesale prices in India(Base 1970-71=100), under sub-group ‘Miscellaneous Products’, the correspondingincrease or decrease in the payments to the Contractor shall be made according tothe following formula :V2 = X R XWhere :V2 = Amount of variation payable to or recoverable from the Contractor during thequarter under review, based on monthly average and adjusted alongwith the bill.K = Percentage of material component (other than those material supplied by theCorporation) in the value of work as mentioned in Schedule ‘D’.R = Value of work done and payable during the quarter under review (excludingthose Extra, Additional, Substituted and Altered items of work, whose rates havebeen worked out and paid, on the basis of actual analysis of costs or are based onthe current market rates).Mo = Revised Index Number of the Wholesale prices in India for ‘MiscellaneousProducts’(Base 1970-71 = 100) for the month in which tenders were opened, as published inthe monthly Bulletin issued by the Economic Adviser, Ministry of Industry,Government of India, New Delhi.

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M = The revised Index Number of the Wholesale prices in India for MiscellaneousProducts with respect to the same base, as above, average for the three months ofthe quarter under consideration.

C. PETROL, DIESEL, OIL AND LUBRICANTS:If after the date of opening of the tender and during the currency of the contract,there is any price variation (increase or decrease) in the cost of Petrol, Diesel, Oiland Lubricants, the same shall be paid to or recovered from the Contractor inaccordance with the following formula :V3 = X R XWhere: V3 = The increase or decrease in the total payment to be made to thecontractor during the quarter under review, based on monthly average and adjustedalongwith the bills.P = component of respective item as component as percentage in the value of workas indicated in Schedule ‘D’.R = Value of work done and payable during the quarter under review (excludingthose extra, substituted and altered items of works, whose rates are based on actualanalysis or the current market rates).XO = Actual all inclusive price of respective item of POL on the date of opening of thetender at the nearest Oil Petrol Pump.X = Actual all inclusive price of item, calculated as the average price for the item forthe quarter under review at the same Oil Petrol Pump as above.K100( M - Mo )Mo

P100( X - Xo )Xo

(Lube HD 30 shall be taken as an index for calculation of price variation for alllubricants).46.2 Provided further that adjustments on account of above as provided in sub-cl.46.1 shall be subject to the following :-a. The period for review i.e. the ‘Quarter’ for calculating the price variation shall be‘Calendar Quarter’ defined hereunder :January to March 1st quarter (both months inclusive).April to June 2nd quarter (both months inclusive).July to September 3rd quarter (both months inclusive).October to December 4th quarter (both months inclusive).

In case, however, the contract is allotted during a particular quarter,calculation for price adjustment/ variation for remaining part of this quarter, shall bemade separately in accordance with the above procedure.b. This clause shall be applicable only for the work that is carried out within thecompletion period as in Schedule ‘D’ or extended time if any under clause 39 forwhich no compensation/penalty is livable on the contractor.c. This clause shall not be operable during the period for which extension is granteddue to lapse/ default on the part of the contractor as assessed by the Engineer-inCharge.d. Variations arising on account of payment related to rates for Extra. Altered andSubstituted items whose cost has been worked out on actual analysed cost or on

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market price basis as envisaged in clause 18 shall be regulated with reference tosuch variations in cost as are subsequent to the date of settlement of the rates,instead of the date of opening of the tenders.e. No separate escalation whatsoever shall be payable for any statutory orotherwise, increase in custom duty, excise duty, Sales tax, Octroi, Dharat etc. onmaterials and on labour required for the execution of the work over and above theprovisions made in this clause.f. No claims whatsoever for the Price Adjustments/Variations other than thosestipulated above shall be entertained.46.3 Subject to provisions of sub-clause 46.1 and 46.2 above, provisional monthlypayments an account Price Variation on contract rates will be made to the contractoralongwith the monthly bill for works on the basis of latest available price indices andthe same shall be adjusted quarterly as and when the indices of that quarter areavailable.

CLAUSE - 47: TAXES, DUTIES AND LEVIES ETC.:47.1 All existing customs duty, Import duty, business taxes, sales tax, works contracttax, Income tax or any other tax or duty or levy, such as Octroi, Dharat, Royalty,Terminal Tax that may levied on accordance with laws and regulation in force as on28 days before the last date of submission of price bid that the Contractor has to payon the contractor’s equipment, plant, materials and supplies (permanent, temporaryand consumables) acquired for the purpose of the Contract and for the servicesperformed under the Contract shall be payable by the Contractor, and the Employershall not entertain any claim in this regard. The rate quoted by the contractor shall bedeemed to be inclusive of all such taxes, duties, levies duties, levies etc. Anystatutory variation in the rate of aforesaid taxes if any, during the currency of thecontract including extension there of shall be to the account of Employer providedthe amount thus claimed is not paid under price variation clause 46.

47.2 However, if a new tax on duty or levy (other than that existing on 28 daysbefore the last date of submission of piece bid i.e. … (date to be entered inAgreement) is imposed in India under a statute or law during the currency of theContract and the Contractor becomes legally liable there under to and actually paysthe same for bonafide use on the works contracted, then the contractor shallimmediately inform the Engineer-in-Charge in this regard. The Employer willreimburse the same to the contractor on production of satisfactory proof of payment,provided that the amount thus claimed is not paid under Price Variation of Clause 46of General Conditions of the Contract. Changes in the advance tax rates of IncomeTax and Sales Tax (Works Contract Tax) payable to appropriate authorities shall notbe construed as a change in the rate(s) of taxes and will not be subject toadjustment.

47.3 The Contractor’s staff and labour will be liable to pay personal income taxes inrespect of such of their salaries and wages as are chargeable under the laws andregulations for the time being in force, and the Contractor shall perform such dutiesin regard to such deductions thereof as may be imposed on him by such laws andregulations.

47.4 Provided further that, the Contractor shall not be entitled for reimbursementunder Sub-clause 47.1 & 47.2 if the changes in the existing tax or duty or levy or

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impositions of new tax or duty or levy as mentioned in Sub-clause 47.1 & 47.23pertains to indirect transactions between Contractor and any third party) e.g. ServiceTax on Insurance Premium, Taxes/Duties/levies on the cost of inputs/materials to beincorporated in the Works).

CLAUSE - 48: PAYMENT OF FINAL BILL:The final bill shall be submitted by the contractor within one month of the date fixedfor completion of the work or of the date the certificate of completion furnished by theEngineer-in-Charge. No further claim in this regard unless as specified herein undershall be entertained. Payment shall be made within three months if the amount of thecontract plus that of the additional items is up to Rs. 2 lakhs and in 6 months. If thesame exceeds Rs. 2 lakhs of the submission of such bill. If there shall be any disputeabout any item or items of the work then the undisputed item or items only shall bepaid within the said period of three months or six months, as the case may be. Thecontractor shall submit a list of the disputed items within thirty days from the dis-allowance thereof and if he fails to do so, his claim shall be deemed to have beenfully waived and absolutely extinguished.CLAUSE - 49: OVER PAYMENTS AND UNDER PAYMENTS:49.1 Whenever any claim whatsoever for the payment of a sum of money to theCorporation arises out of or under this contract against the Contractor, the samemay be deducted by the Corporation from any sum then due or which at any timethereafter may become due to the contractor under this contract and failing thatunder any other contract with the Corporation or from any other sum whatsoever dueto the contractor from the Corporation or from his security deposit, or he shall paythe claim on demand.49.2 The Corporation reserve the right to carry out post-payment audit and technicalexamination of the final bill including all supporting vouchers, abstracts, etc. TheCorporation further reserves the right to enforce recovery of any overpayment whendetected, notwithstanding the fact that the amount of the final bill may be included byone of the parties as an item of dispute before an arbitrator appointed under clause55 of this contract and notwithstanding the fact that the amount of the final bill figuresin the arbitration award.49.3 If as a result of such audit and technical examination any overpayment isdiscovered in respect of any work done by the contractor or alleged to have beendone by him under the contract, it shall be recovered by the Corporation from theContractor by any or all of the methods prescribed above, and if any underpaymentis discovered, the amount shall be duly paid to the contractor by the Corporation.49.4 Provided that the aforesaid right of the Corporation to adjust overpaymentsagainst amounts due to the contractor under any other contract with the Corporationshall not extend beyond the period of two years from the date of payment of the finalbill is MINUS bill, from the date the amount payable by the Contractor under theMINUS final bill is communicated to the Contractor.49.5 Any sum of money due and payable to the contractor (including the securitydeposit returnable to him) under the contract may be withheld or retained by way oflien by the Engineer-in-Charge or Corporation against any claim of the Corporationor such other person in respect of pay of a sum of money arising out of or under anyother contract made by the contractor with the Engineer-in-Charge or Corporation orwith such other person or persons.

The sum of money so withheld or retained under this clause by the Engineer-in-Charge or Corporation will be kept withheld or retained as such by the Engineer-in-Charge or Corporation or till his claim arising out of in the same contract is

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governed by the arbitration clause under the clause 55 or by the competent courthereinafter provided, as the case may be, and the contractor shall have no claim forinterest or damages whatsoever on this account or any other ground in respect ofany sum of money withheld or retained under this clause.

CLAUSE - 50 : TRAINING OF APPRENTICES :The contractor shall, during the currency of the contract, engage and also ensureengagement by his subcontractor and other employed by the contractor inconnection with the works, such number of apprentices and in such categories forsuch periods as may be required under the Apprenticeship Act, 1961 and he shall beresponsible for all obligations of the Employer under the aforesaid Act, including theliability to make payment to Apprentices as required under the Act.

CLAUSE - 51 : CONTRACT MATTERS TO BE TREATED ASCONFIDENTIAL :51.1 All documents, correspondence, decisions and orders concerning the contractshall be considered as confidential and/or restricted in nature by the contractor andhe shall not divulge or allow access to them by any unauthorized person.51.2 The contractor shall take necessary steps to ensure that all persons employedon any work in connection with this contract have noted that the Indian OfficialSecrets Act, 1923 (XIX of 1923) applies to them and shall continue so to apply evenafter the execution of such works under the contract.

CLAUSE - 52: LAWS GOVERNING THE CONTRACT:Unless otherwise hereinafter provided, this contract shall be governed by the IndianLaws for the time being in force.

CLAUSE - 53: FINALITY CLAUSE:It shall be accepted as an inseparable part of the contract that in matters regardingmaterials, workmanship, removal of improper work, interpretation of the contractdrawings and contract specifications, mode of procedure and the carrying out of thework as stipulated in the clause Nos. 7, 8, 10, 13, 17, 18, 21, 23, 24, 29, 32, 34, 38,40, 41 & 44 and the decision of the Engineer-in-Charge, which shall be given inwriting, shall be final and binding on the contractor.CLAUSE - 54: SUM PAYABLE BY WAY OF COMPENSATION TO BECONSIDERED AS REASONABLE WITHOUT REFERENCE TO ACTUALLOSS:All sums payable by way of compensation to the Corporation under any of theseconditions shall be considered as reasonable compensation without reference to theactual loss or damage sustained and whether or not damage shall have beensustained.CLAUSE - 55: ARBITRATION:55.1 Except as otherwise provided, in clause-53 hereinbefore, all questions, disputeor difference in respect of which the decision has not been final and conclusivearising between the contractor and the Corporation, in relation to or in connectionwith the contract shall be referred for arbitration in the manner provided as under:(a) Either of the parties may give to the other a notice in writing of the existence ofsuch question, dispute or difference.(b) In case of dispute or difference, such dispute or difference shall be settled inaccordance with the Arbitration and conciliation Act, 1996. The arbitral tribunal shall

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consist of 3 arbitrators one each to be appointed by the Corporation and theContractor. The third Arbitrator shall be chosen by the two Arbitrators so appointedby the Parties and shall act as presiding arbitrator. In case of failure of the twoarbitrators appointed by the parties to reach upon a consensus in choosing thepresiding Arbitrator within a period of 30 days from the appointment of thearbitrators, the Presiding Arbitrator shall be nominated by the president of theInstitution of Engineers (India).(c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (b)above within 30 days after receipt of the notice of the appointment of its arbitrator bythe other party then in the first instance the Presiding arbitrator shall be nominatedby President of the Institution of Engineers (India). A certified copy of the order of thePresident of the Institution of Engineers (India), making such nomination shall befurnished to each of the parties. This presiding Arbitrator shall then appoint theArbitrator since left to be appointed.55.2 Arbitration proceedings shall be held at Faridabad/New Delhi, and the languageof the arbitration proceedings and that of all documents and communicationsbetween the parties shall be English.55.3 The decision of the majority of arbitrators shall prevail. The cost and expensesof Arbitration proceedings will be paid as determined by the arbitral tribunal.However, the expenses incurred by each party in connection with the preparation,presentation etc. of its proceedings as also the fees and expenses paid to thearbitrator appointed by such party or on its behalf shall be borne by each party itself.55.4 Performance under the contract shall continue during the arbitrationproceedings and payments due to the contractor by the owners shall not bewithheld, unless they are the subject matter of the arbitration proceedings.Note :In case of contract with another Public Sector Undertaking/Govt. Department,the above said clause shall stand deleted and the following Arbitration clauseshall apply :-*55.1 Except as otherwise provided, in clause 53 hereinbefore, all questions,disputes or differences in respect of which the decision has not been final andconclusive, arising between the contractor and the Corporation, in relation to or inconnection with the contract shall be referred to arbitration in the manner providedas under :55.2 In the event of any dispute or difference relating to the interpretation andapplication of the provisions of the contract, such dispute or difference shall bereferred by either party to the Arbitration of one of the Arbitrators in the Departmentof Public Enterprises to be nominated by the Secretary to the Government of India incharge of the Bureau of Public Enterprises. The Arbitration and Conciliation Act 1996shall not be applicable to the arbitration under this clause. The award of theArbitrator shall be binding upon the parties to the dispute, provided, however, anyparty aggrieved by such award may make a further reference for setting aside orrevision of the award to the Law Secretary, Department of Legal Affairs, Ministry ofLaw and Justice, Government of India. Upon such reference the dispute shall bedecided by the Law Secretary or the Special Secretary/Additional Secretary when soauthorised by the Law Secretary whose decision shall bind the parties finally andconclusively. The Parties to the dispute will share equally the cost of arbitration asintimated by the Arbitrator.

A notice in writing of the existence of question, dispute or difference in relationto, or in connection with the contract shall be served by either party within 90(Ninety) days of the first occurrence of any event upon which the said question,

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dispute or difference is based, failing which all rights and claims of the parties underthis contract in relation to or in connection with such questions, dispute or differenceshall be deemed to have been waived off and thus, forfeited and absolutely barred.The decision of the Engineer-in-Charge with regard to the first occurrence of suchevent for the purpose of reckoning the said period of limitation shall be final andbinding.55.3 The arbitrator shall make a speaking award.55.4 The work under this contract shall continue during Arbitration proceedings andno payments due from or payment be the Corporation shall be withheld on accountof such proceedings except to the extent which may be in dispute”.CLAUSE - 56: ECOLOGICAL BALANCEThe Contractor shall be required to ensure that there shall be no indiscriminatefelling of trees by him or his laborers or their family members and he will be solelyresponsible for their acts in this regard. The Contractor shall try to maintainecological balance by preventing deforestation, water pollution and defacing ofnatural landscape in the vicinity of work areas. The Contractor shall so conduct hisconstruction operations as to prevent an unnecessary destruction of, scarring ordefacing the natural surroundings in the vicinity of the work area In order to maintainthe ecological balance, the Contractor shall specifically observe the followinginstructions:a) Where unnecessary destruction, scarring, damage or defacing may occur as aresult of the Contractor's operation, the same shall be repaired, replanted orotherwise corrected at the Contractor's expense. The Contractor will preventscattering of rocks and other debris outside the work areas. All work areas shall besmoothed and graded in a manner to conform to the natural appearance of thelandscape as directed by the Engineer-in-Chargeb) All trees and shrubs, which are not specifically required to be cleared or removedfor construction purposes, shall be preserved and shall be protected from anydamage that may be caused by the Contractor 's construction operation andequipment. The removal of trees or shrubs will be permitted only after prior approvalby the Engineer-in-charge. Special care shall be exercised where trees or shrubsare exposed to injuries by construction equipment, blasting, and excavating,dumping, chemical damage or other operation and the Contractor shall adequatelyprotect such trees by use of protective barriers or other methods approved by theEngineer-in-Charge. Trees shall not be used for anchorage.c) The Contractor's construction activities shall be performed by methods that willprevent entrance or accidental spillage of so lid matter contaminants, debris andother objectionable pollutants and wastage into river. Pollutants and wastes shall bedisposed of in a manner and at sites approved by the Engineer in-Charge. TheContractor shall fully comply with Water (Prevention and Control of Pollution) Act,1974 section -33(A).d) In the Conduct of construction activities and operation of equipment, theContractor shall utilize such practicable methods and devices as are reasonablyavailable to control, prevent and otherwise minimize air pollution. The contractorshall fully comply with Air (Prevention and Control of Pollution) Act, 1981 section -31(A). Burning of materials resulting from clearing of tree, bush, combustibleconstruction materials and rubbish may be permitted only when atmosphericconditions for burning are considered favorable. Separate payment will not be admissible to the Contractor for complying withthe provisions of this clause and all costs shall be deemed to have been included in

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the items mentioned in the Bill of Quantities. If any provision(s) is not complied with,within a reasonable time even after issue of a notice in this respect, the necessaryoperations would be carried out by the Engineer-in-charge at the cost of theContractor.f) The Contractor shall be required to prevent flowing of debris and muck in to theriver. Necessary retaining structures like walls/crates etc shall be constructed for thepurpose. The Contractor shall also stabilize the muck fully i.e. consolidation andcompaction of the muck shall be carried out in the muck dumpsites before handing itover to the Employer at the end of construction period.g) All the equipment which are likely to generate high noise levels are to be fullyequipped (with noise reduction measures) to meet the ambient noise controlstandards.Except for clause 58 f) no separate payment will not be admissible to the Contractorfor complying with the provisions of this clause and all costs shall be deemed tohave been included in the items mentioned in the Bill of Quantities. The payment forwork done to meet the requirement of clause 56 f) shall be made as per provisions ofContract. If any provision(s) is not complied with, within a reasonable time even afterissue of a notice in this respect, the necessary operations would be carried out bythe Engineer-in-charge at the cost of the Contractor.


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Annexure - ISection IV

FORMS FOR DEEDS OF GUARANTEES & HYPOTHECATIONFORM OF BANK GUARANTEE IN LIEU OF INITIAL SECURITY DEPOSIT IN

INDIVIDUAL CONTRACTOn Bank’s letter head with adhesive stamp).

To............................................................................................................................................

In consideration of the NHPC Ltd., represented by.....................................(hereinafter called the ‘Corporation’ which expression shall unless repugnant to thesubject or context include the administrators, successors and assigns) havingagreed under the terms and conditions of ContractNo.........................................................dated .............................madebetween*...................................and the Corporation in connection with................................................(hereinafter called “the said contract”) to accept aDeed of guarantee as herein provided for Rs........................ From a NationalBank/Scheduled Bank in lieu of the security deposit to be made by the contractor orin lieu of the deduction to be made from the Contractor’s bill, for the due fulfillmentby the said Contractor of the terms and conditions contained in the said Contract.We, the ............................................................Bank (hereinafter referred to as “thesaid Bank”) having our registered office at ................................................do herebyundertake and agree to indemnify and keep indemnified the Corporation from time totime to the extent of Rs............................(Rupees..................................only) againstany loss or damage, costs, charges and expenses caused to or suffered by or thatmay be caused to or suffered by the Corporation by reason of any breach orbreaches by the said Contractor of any of the termsand conditions contained in the said Contract and to unconditionally pay the amountclaimed by the Corporation on demand and without demur to the extent aforesaid.

2. We....................................Bank, further agree that the Corporation shall bemade the sole judge of and as to whether the said contractor has committed anybreach or breaches of any of the terms and conditions of the said Contract and theextent of loss, damage, costs, charges and expenses caused to or suffered by orthat may be caused to or suffered by the Corporation on account thereof and thedecision of the Corporation that the said Contractor has committed such breach orbreaches not as to the amount or amounts of loss, damage, costs, charges andexpenses caused to or suffered by or that may be caused to or suffered by theCorporation from time to time shall be final and binding on us.

3. We, the said Bank, further agree that the Guarantee herein contained shallremain in full force and effect during the period that would be taken for theperformance of the said Contract and till all the dues of the Corporation under thesaid Contract or by virtue of any of the terms and conditions governing the saidContract have been fully paid and its claims satisfied or discharged andtill.........................................................certified that the terms and conditions of thesaid contract have been fully and properly carried out by the said Contractor andaccordingly discharges this Guarantee subject, however, that the Corporation shallhave no claim under this Guarantee after..............................years from the date of

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expiry of the Defects Liability Period as provided in the said Contract or from thedate of cancellation of the said Contract, as the case may be, unless a notice of theclaim under this Guarantee has been served on the said Bank before the expiry ofthe said period of .............................................years in which case the same shall beenforceable against the said Bank notwithstanding the fact, that the same isenforced after the expiry of the said period of .............................................years.Refer Note at the end of this section

4. The Corporation shall have the fullest liberty without effecting in any way theliability of the said Bank under this Guarantee of Indemnify, from time to time, to varyany of the terms and conditions of the said Contract or to extend time ofperformance by the said Contractor or to postpone for any time and from time to timeany of the powers exercisable by it against the said contractor and either to enforceor forebear from enforcing any of the terms and conditions governing the saidContract or securities available to Corporation and the said Bank shall not bereleased from its liability under these presents by any exercise by the Corporation ofthe liberty with reference to the matters aforesaid or by reason of time being given tothe said Contractor or any other forbearance, act or omission on the part of theCorporation or any indulgence by the Corporation to the said Contractor or of anyother matter or thing whatsoever which under the law relating to sureties would butfor this provisions have the effect of so releasing the said Bank from its such liability.

5. It shall not be necessary for the Corporation to proceed against the saidcontractor before proceeding against the said Bank and the Guarantee hereincontained shall be enforceable against the said Bank, notwithstanding any securitywhich the Corporation may have obtained or obtain from the Contractor shall, at thetime when proceedings are taken against the said Bank hereunder, be outstandingor unrealized.

6. We, the said Bank, lastly undertake not to revoke this Guarantee during itscurrency except with the previous consent of the Corporation in writing andagree that any change in the Constitution of the said contractor or the said Bankshall not discharge our liability hereunder. If any further extension of thisGuarantee is required the same shall be extended to such required periods onreceiving instruction from M/s...........................................................................onwhose behalf this guarantee is issued.

In the presence of : For and on behalf of the Bank.Witness............................................. Bank’s common seal...........................................................

The above Guarantee is accepted by CorporationFor and on behalf of Corporation

Signature........................................Name and Designation..............................Date..............................

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FORM OF BANK GUARANTEE FOR THE CONVERSION OF CASH AMOUNT OFSECURITY DEPOSIT AGGREGATING TO Rs ONE LAKH

(On Bank’s letter head with adhesive stamp).

To............................................................................................................................................

1. We, the..............................................................................Bank (hereinafterreferred to as “the said Bank”) and having our registered office at.................................................................do hereby undertake and agree toindemnify and keep indemnified the NHPC Limited ; representedby..............................................................................(hereinafter referred to as “ thesaid Corporation” which expression shall, unless repugnant to the subject or context,include its administrators, successors and assigns), to the extent of Rs. 1,00,000,00(Rupees one lakh only) on behalf of*.................................................... in lieu of anequal cash amount of security deposit deposited by the said contractor and/ordeducted by the said Corporation from the bills of the said contractor and which thesaid Corporation has agreed to convert against a bank guarantee as hereunder,under the provisions of Contract No....................................dated..........................which the said contractor has entered into with the said Corporation in connectionwith the construction of ......................................................................................................................................................................................................................at a total cost ofRs..................................................................(Rupees...................................................) (hereinafter called the said contract).

2. We, the said Bank also do hereby agree to pay unequivocally andunconditionally within 48 hours on demand, in writing, from the said Corporation, ofany amount upto and not exceeding Rs. 1,00,000.00 (Rupees one lakh only) to thesaid Corporation for any purpose or cause or on any account whatsoever under theprovisions of the said contract in which respect the decision of the said Corporationshall be final and binding on us.

3. Provided that it shall not be necessary for the said Corporation to proceedagainst the said contractor before proceeding against us and the guarantee hereincontained shall be enforceable against us, notwithstanding any security which theCorporation may have obtained or obtain from the said contractor shall, at the timewhen proceedings are taken against us as hereunder, be outstanding or unrealized.

4. We the said Bank, further agree that this guarantee shall be valid and bindingon us upto and including....................................................and shall not be terminableby notice or any change in the constitution of the said bank or the said contractor orby any other reasons whatsoever and our liability hereunder shall not be impaired ordischarged by any extension of time or variations made given conceded, or agreedwith or without our knowledge or consent, by or between the parties to the saidcontract.

5. We also undertake not to revoke this guarantee during its currency exceptwith the previous consent, in writing, of the said Corporation.

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6. Our liability under this guarantee is restricted to Rs.......................... (Rupees)Our guarantee shall remain in force until....................................................unless asuit or action ……………………………..* Refer Note at the end of this section.to enforce a claim under the guarantee is filed against us within six months from thatdate, at your rights under this guarantee shall be forfeited and we shall be relievedand discharged from all liabilities there under.

In the presence of SignedWitness for and onbehalf of the Bank.......................................................................................... Bank’s commonseal.

Dated this .............................................day of .............................................19.........

The above Guarantee is accepted by the Corporation. for and on behalf of the Corporation.

Signature.................................... Name &Designation.................................... Name ofProject/Unit.................................... Dated....................................

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Special Conditions of Contract

INTRODUCTION: The following special conditions shall be read in conjunction with thecorresponding relevant provision made in the General Conditions of Contract and in case ofany discrepancy or variation or contradiction between them, the provision made under thesespecial conditions, shall prevail.

1. The tendered rates shall include all cost, such as labor charges, carriage of materials tothe site, district and municipal taxes; inter state and state taxes, etc. The contractor rateswill be for the complete item in all respects as per specification. Nothing extra will bepayable on this account. CPWD specifications shall be referred in case the specificationsenclosed with the tender documents are silent.

2. Any undesirable man found on work, employed by the contractor will be liable to beremoved immediately on the order of the Engineer-in-Charge.

3. The contractor shall make all necessary arrangement for the security of men, machinery,camp, etc. at his own cost.

4. The rate quoted by bidder shall be firm and no payment towards adjustment of pricevariation or escalation whatsoever shall be made for the work under the contract.

5. No mobilization machinery advance will provide by the Corporation. Clause 13 ofGeneral condition of Contract stand deleted.

6. Income tax, trade tax will be deducted from the bill as per provision of Income Tax/SalesTax Act.

7. In the event of any injury, liability or death of any workmen during currency of work thecontractor shall be bound under workmen compensation Act as amended from time totime or any other law for the time being in force and rules made there under from time totime and also against all costs, charges and expenses for any such action by proceedingsarising out of such accidents injury, disability of death of workmen.

8. The material to be used in the work should be of relevant specification.9. The contractor shall be fully responsible for watch and ward of site, and security of men,

machinery including materials supplied by the corporation for bonafide use on work andcamp etc.

10. The rate shall be firm without adjustment of any price variation whatsoever. Thissupercedes clause No. 46 of General Conditions of Contract.

11. The contractor shall make his own arrangements for his camp site office/godown etc. onthe land provided by NHPC free of cost as per requirement assessed by Engineer-In-Charge in connection with execution of the work under this contracts. NHPC shall ownno responsibility/liability for arranging or providing land required for such purpose.

12. All the taxes like VAT, Sales tax, Octroi, Dharat, Royalty, Terminal tax etc on materialsprocured by the contractor and Uttarakhand Trade tax on works contracts etc, payableduring currency of contract, shall be borne by the contractor.

13. The contractor shall comply with all the labour laws and statutory requirement related tocontract and other labor engaged for execution of the work at his own cost.

14. The contractor shall at all time exercise reasonable and proper precautions for provisionsof current safety of people on the works and shall comply with the provisions of current

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safety laws of the central/state govt. Contractor shall also provide all necessaryarrangements to protect the public from accidents and shall be bound to bear all theexpenses of defended of every suit, action and other proceedings at law that may bybrought by any persons for injury sustained owing to neglect of the above precautions andto pay any damages and cost which may be awarded in any such suit, actions andproceedings to any such persons or which may with the consent of the contractor be paidto compromise any claim by any person.

15. In case water is supplied by NHPC then it shall be arranged at one outlet and shall becharged @ 1% of the total cost of the Civil Work. This clause should be read withclause No. 25 of General Conditions of contract.

16. In event of any dispute/defense arising out of this agreement the same shall be decided bySole Arbitrator namely by the Chief Engineer, Tanakpur Power Station.

17. The rate quoted by bidders shall be firm and no payment towards adjustment of pricevariation or escalation whatsoever shall be made for the work under the contract.

18. EMD of Rs.12,000/= (Rs. Twelve Thousand Only) in form of Demand Draft or BankGuarantee must accompany the quotation in favour of NHPC Ltd, Tanakpur PowerStation payable at S.B.I Banbassa and shall be submitted in the separate envelope.Quotation not accompany to the requisite amount are liable to be as non-responsive.

19. The contractor shall submit the proof of insurance required under the contract before statof the work.

20. COMPLETION PERIOD: The work covered under this contract shall be completedwithin 45(Forty Five) Days.

21. The payment to the laborers engaged by the Contractor should strictly be madelatest by seventh day of the month, failing which a penalty shall be imposed@1% per day of delay beyond seven days.

22. TOOL & TACKELES: Except as herein specially provided, the contractor on hiscost will bring all Tool tackles, slings, lifting and other appliances necessary ordesirable for the full and proper erection of the work entrusted to him. These toolsand tackles shall remain the property of the Contractor.

23. It will be the contractor’s responsibility to get the necessary gate passes issuedfor his labour, however this office will extend all possible help to the contractor tocomplete the official formalities

24. The contractor has to arrange his own laborer for the work and this is the liabilityof the contractor to keep the record of laborer engaged.

25. NHPC reserve the right of rejecting all or any of the quotation and will not bebound to accept lowest or any other quotation or to give any reason for suchdecision.


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